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1 AN ACT concerning transportation.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Article 2.
5 Section 2-1. Short title. This Article may be cited as the
6 Interagency Coordinating Committee on Transit Innovation,
7 Integration, and Reform Act. References in this Article to
8 "this Act" mean this Article.
9 Section 2-5. Definitions. As used in this Act:
10 "Committee" means the Interagency Coordinating Committee
11 on Transit Innovation, Integration, and Reform established
12 under this Act.
13 "Department" means the Department of Transportation.
14 "Secretary" means the Secretary of Transportation.
15 Section 2-10. Establishment of the Committee.
16 (a) The Department shall establish an Interagency
17 Coordinating Committee on Transit Innovation, Integration, and
18 Reform.
19 (b) The Committee shall advise the Department on
20 strategies and initiatives that improve access to transit and
21 better integrate transit with intercity rail and intercity bus
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1 networks in Illinois outside of the Northeast Illinois region.
2 (c) The Committee shall focus on data-driven and
3 evidence-based strategies to improve transit outside of the
4 Northeast Illinois region, including, but not limited to,
5 strategies that improve safety, data collection and use,
6 technology deployment, the use of innovative project delivery,
7 governance of transit in Illinois, funding programs, and
8 interagency collaboration.
9 (d) The Committee shall focus on improving the
10 attractiveness of downstate transit providers for State and
11 federal funding opportunities and grants.
12 (e) The Committee shall focus on strategies to better
13 connect intercity rail and bus networks to transit systems and
14 hubs that are located outside of the Northeast Illinois
15 region.
16 (f) The Committee shall interface with the Blue-Ribbon
17 Commission on Transportation Infrastructure Funding and Policy
18 as needed.
19 (g) The Committee shall be consulted for feedback and
20 recommendations to be included in the Department's Public
21 Transportation Plan.
22 (h) The Department shall provide administrative support to
23 the Committee.
24 Section 2-15. Committee membership. The Committee shall
25 include the following members, appointed by the Secretary:
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1 (1) one member representing rural public transit
2 providers operating outside of the Northern Illinois
3 Transit Authority service area;
4 (2) one member representing small urban public transit
5 providers operating outside of the Northern Illinois
6 Transit Authority service area;
7 (3) two members representing regional public transit
8 providers operating outside of the Northern Illinois
9 Transit Authority service area;
10 (4) one member representing intercity rail providers;
11 (5) one member representing intercity bus providers;
12 (6) one member representing statewide or regional
13 business organizations with interests in transportation,
14 workforce development, or economic growth;
15 (7) one member representing an Illinois university
16 that generates significant ridership for the transit
17 system or intercity bus and rail systems near the
18 university's facilities;
19 (8) one member representing individuals with
20 disabilities;
21 (9) one member representing a labor organization that
22 represents workers employed by downstate transit systems,
23 intercity bus providers, or intercity rail providers;
24 (10) one member representing large urban transit
25 agencies;
26 (11) one or more members representing the Department
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1 that are involved in transit grant administration, project
2 implementation, or procurement;
3 (12) additional representatives as determined
4 necessary by the Secretary to ensure subject-matter
5 expertise, community representation, and geographic
6 diversity; and
7 (13) one member who shall serve as chair of the
8 Committee.
9 The members shall serve without compensation but may be
10 reimbursed for necessary expenses associated with service on
11 the Committee.
12 Section 2-20. Committee duties.
13 (a) The Committee shall:
14 (1) develop strategies and recommendations to improve
15 the connectivity of existing and future intercity rail and
16 intercity bus services to transit hubs and systems located
17 outside of the Northeastern Illinois region;
18 (2) develop strategies for improving the collection,
19 aggregation, and use of transit data, including budgeting
20 models, ridership forecasting, equity analysis, and
21 performance metrics;
22 (3) promote the adoption and joint procurement of
23 advanced technologies, such as demand-responsive transit
24 platforms, real-time data systems, mobile fare collection,
25 fleet management tools, and other technologies the
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1 Committee may find to improve transit service and
2 operations;
3 (4) develop goals and objectives to reduce duplication
4 of services and achieve public transportation, intercity
5 bus and intercity passenger rail coverage that is as
6 complete as possible;
7 (5) develop objectives for providing essential
8 transportation services to the transportation
9 disadvantaged and for providing technical assistance to
10 communities that are addressing transportation gaps that
11 affect low-income populations;
12 (6) develop recommendations for public transit
13 providers operating outside of the Northern Illinois
14 Transit Authority service area to use innovative
15 strategies, including federal fund braiding, to meet local
16 match requirements for State or federal grants to fund
17 transportation projects;
18 (7) review and make recommendations on increasing
19 efficiency in procurement;
20 (8) recommend and support shared services or
21 regionalized administrative functions to reduce costs and
22 improve operational efficiency;
23 (9) explore and advise on the use of innovative
24 project delivery models, including design-build,
25 progressive design-build, construction manager general
26 contractor, and public-private partnerships;
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1 (10) consider changes to existing and future funding
2 programs; and
3 (11) submit recommendations for inclusion in the
4 Department's final Public Transportation Plan.
5 (b) The Committee shall produce a report with its
6 recommendations no later than 2 years after the effective date
7 of this Act.
8 (c) The Department may procure consulting assistance
9 necessary to support to work of the Committee.
10 (d) If the Department completes the final Public
11 Transportation Plan before the Committee produces its report,
12 then the Department may release an update to the Public
13 Transportation Plan that incorporates any recommendations
14 included in the Committee's report.
15 Section 2-25. Repeal. This Act is repealed on January 1,
16 2035.
17 Article 5.
18 Section 5-1. Short title. This Article may be cited as the
19 People Over Parking Act. References in this Article to "this
20 Act" mean this Article.
21 Section 5-5. Definitions. As used in this Act:
22 "Car-share vehicles" means motor vehicles that are
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1 operated as part of a regional fleet by a public or private
2 car-sharing company or organization and provide hourly or
3 daily service.
4 "Commercial development project" means a development
5 project that is undertaken for the development of land for
6 commercial use, including residential housing, multi-family
7 housing, mixed-use housing, and nonresidential commercial
8 developments.
9 "Development project" means a project undertaken for the
10 purpose of development of land. "Development project" includes
11 (i) a project involving the issuance of a permit for
12 construction or reconstruction, (ii) a housing development
13 project, or (iii) a commercial development project.
14 "Development project" does not include a project where any
15 portion is designated for use as a hotel, motel,
16 bed-and-breakfast inn, or other transient lodging, except
17 where a portion of a housing development project is designated
18 for use as a residential hotel.
19 "Efficiency living unit" has the meaning ascribed to that
20 term in the 2018 International Building Code, Sixth Version
21 (November 2021).
22 "Elderly housing", "low-income household",
23 "moderate-income household", "multi-family housing", and "very
24 low-income household" have the meanings ascribed to those
25 terms in the Illinois Affordable Housing Act.
26 "Housing development project" means a development project
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1 consisting of (i) residential units only, (ii) mixed-use
2 developments consisting of residential and nonresidential uses
3 with at least two-thirds of the square footage designated for
4 residential use, or (iii) transitional housing or supportive
5 housing.
6 "Maximum automobile parking requirements" means any law,
7 code, or policy that limits a maximum number of off-street,
8 private parking spaces for new residential and commercial
9 developments.
10 "Minimum automobile parking requirements" means any law,
11 code, or policy that requires a minimum number of off-street,
12 private parking spaces for new residential and commercial
13 developments.
14 "On-street parking" means parking of vehicles on public
15 streets or thoroughfares located within the physical
16 boundaries of a municipality.
17 "Public transportation corridor" means a street on which
18 one or more bus routes have a combined frequency of bus service
19 interval of 15 minutes or less during the morning and
20 afternoon peak commute periods.
21 "Public transportation hub" means: (i) a rail transit
22 station, (ii) a boat or ferry terminal served by either a bus
23 stop or rail transit station, and (iii) an intersection of 2 or
24 more bus routes with a combined frequency of bus service
25 interval of 15 minutes or less during the morning and
26 afternoon peak commute periods.
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1 "Residential hotel" means any building containing 6 or
2 more guest rooms or efficiency living units that is used or
3 intended or designed to be used, rented, hired out, or
4 occupied for sleeping purposes by guests and that is also the
5 primary residence of those guests. "Residential hotel" does
6 not include any building containing 6 or more guest rooms or
7 efficiency living units primarily used by transient guests who
8 do not occupy the building as their primary residence.
9 Section 5-10. Minimum automobile parking requirements
10 prohibited. Except as otherwise provided in Section 5-15, a
11 unit of local government may not impose or enforce any minimum
12 automobile parking requirements on a development project if
13 the project is located within one-half mile of a public
14 transportation hub or one-eighth mile of a public
15 transportation corridor.
16 Section 5-15. Exceptions and limitations to prohibited
17 minimum automobile parking requirements.
18 (a) If a development project provides automobile parking
19 voluntarily, then a unit of local government may impose on the
20 development project requirements for parking spaces to be made
21 available for car-share vehicles, for parking spaces to be
22 shared with the public, or for parking spaces to be made
23 available only for a fee. A unit of local government may not
24 require voluntarily provided parking to be provided free of
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1 charge.
2 (b) Section 5-10 does not apply to minimum automobile
3 parking requirements if the requirements conflict with a
4 contractual agreement or approved site plan with the unit of
5 local government that was executed or approved on or before
6 the effective date of this Act. However, Section 5-10 applies
7 to an amendment or extension to the contractual agreement or
8 approved site plan if the amendment or extension increases
9 automobile parking requirements.
10 (c) A development project may voluntarily build additional
11 parking that is not shared with the public.
12 (d) Nothing in this Act shall be interpreted to prevent a
13 unit of local government from regulating access to on-street
14 parking.
15 (e) Nothing in this Act prevents a unit of local
16 government from enacting or enforcing local laws that
17 establish a maximum parking requirement.
18 (f) Nothing in this Act prevents a unit of local
19 government from enacting or enforcing local laws that
20 establish a minimum parking requirement for bicycles,
21 including electric-assisted bicycles.
22 Section 5-90. Home rule. A home rule unit may not regulate
23 minimum automobile parking requirements in a manner
24 inconsistent with this Act. This Act is a limitation under
25 subsection (i) of Section 6 of Article VII of the Illinois
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1 Constitution on the concurrent exercise by home rule units of
2 powers and functions exercised by the State.
3 Section 5-95. Conflict with other laws. To the extent that
4 this Act conflicts with any other provision of law, this Act
5 controls.
6 Section 5-300. The State Officials and Employees Ethics
7 Act is amended by changing Sections 75-5 and 75-10 as follows:
8 (5 ILCS 430/75-5)
9 Sec. 75-5. Application of the State Officials and
10 Employees Ethics Act to the Regional Transit Boards and
11 Regional Development Authorities.
12 (a) The provisions of Articles 1, 5, 10, 15, 20, and 50 of
13 this Act, as well as this Article, apply to Regional Transit
14 Boards and Regional Development Authorities. As used in
15 Articles 1, 5, 10, 15, 20, 50, and 75, (i) "appointee" and
16 "officer" include a person appointed to serve on the board of a
17 Regional Transit Board or a board of a Regional Development
18 Authority, and (ii) "employee" and "State employee" include:
19 (A) a full-time, part-time, or contractual employee of a
20 Regional Transit Board or a Regional Development Authority;
21 and (B) Authority leaders of a Regional Development Authority.
22 As used in this subsection, "Authority leader" has the meaning
23 given to that term in the various Acts and Laws creating the
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1 Regional Development Authorities.
2 (b) The Executive Ethics Commission shall have
3 jurisdiction over all board members and employees of the
4 Regional Transit Boards and Regional Development Authorities.
5 The Executive Inspector General appointed by the Governor
6 shall have jurisdiction over all board members, employees,
7 vendors, and others doing business with the Regional Transit
8 Boards and Regional Development Authorities to investigate
9 allegations of fraud, waste, abuse, mismanagement, misconduct,
10 nonfeasance, misfeasance, malfeasance, or violations of this
11 Act.
12 (Source: P.A. 103-517, eff. 8-11-23.)
13 (5 ILCS 430/75-10)
14 Sec. 75-10. Coordination between Executive Inspector
15 General and Inspectors General appointed by Regional Transit
16 Boards.
17 (a) Nothing in this amendatory Act of the 96th General
18 Assembly precludes a Regional Transit Board from appointing or
19 employing an Inspector General to serve under the jurisdiction
20 of a Regional Transit Board to receive complaints and conduct
21 investigations in accordance with an ordinance or resolution
22 adopted by that respective Board, provided he or she is
23 approved by the Executive Ethics Commission. A Regional
24 Transit Board shall notify the Executive Ethics Commission
25 within 10 days after employing or appointing a person to serve
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1 as Inspector General, and the Executive Ethics Commission
2 shall approve or reject the appointment or employment of the
3 Inspector General. Any notification not acted upon by the
4 Executive Ethics Commission within 60 days after its receipt
5 shall be deemed to have received the approval of the Executive
6 Ethics Commission. Within 30 days after the effective date of
7 this amendatory Act of the 96th General Assembly, a Regional
8 Transit Board shall notify the Executive Ethics Commission of
9 any person serving on the effective date of this amendatory
10 Act as an Inspector General for the Regional Transit Board,
11 and the Executive Ethics Commission shall approve or reject
12 the appointment or employment within 30 days after receipt of
13 the notification, provided that any notification not acted
14 upon by the Executive Ethics Commission within 30 days shall
15 be deemed to have received approval. No person rejected by the
16 Executive Ethics Commission shall serve as an Inspector
17 General for a Regional Transit Board for a term of 5 years
18 after being rejected by the Commission. For purposes of this
19 subsection (a), any person appointed or employed by a Transit
20 Board to receive complaints and investigate allegations of
21 fraud, waste, abuse, mismanagement, misconduct, nonfeasance,
22 misfeasance, malfeasance, or violations of this Act shall be
23 considered an Inspector General and shall be subject to
24 approval of the Executive Ethics Commission.
25 (b) The Executive Inspector General appointed by the
26 Governor shall have exclusive jurisdiction to investigate
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1 complaints or allegations of violations of this Act and, in
2 his or her discretion, may investigate other complaints or
3 allegations. Unless created by statute, no Regional Transit
4 Board or Regional Development Authority shall create or retain
5 an investigative body that investigates matters under the
6 Executive Inspector General's jurisdiction. Complaints or
7 allegations of a violation of this Act received by an
8 Inspector General appointed or employed by a Regional Transit
9 Board shall be immediately referred to the Executive Inspector
10 General. The Executive Inspector General shall have authority
11 to assume responsibility and investigate any complaint or
12 allegation received by an Inspector General appointed or
13 employed by a Regional Transit Board. In the event the
14 Executive Inspector General provides written notification of
15 intent to assume investigatory responsibility for a complaint,
16 allegation, or ongoing investigation, the Inspector General
17 appointed or employed by a Regional Transit Board shall cease
18 review of the complaint, allegation, or ongoing investigation
19 and provide all information to the Executive Inspector
20 General. The Executive Inspector General may delegate
21 responsibility for an investigation to the Inspector General
22 appointed or employed by a Regional Transit Board. In the
23 event the Executive Inspector General provides an Inspector
24 General appointed or employed by a Regional Transit Board with
25 written notification of intent to delegate investigatory
26 responsibility for a complaint, allegation, or ongoing
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1 investigation, the Executive Inspector General shall provide
2 all information to the Inspector General appointed or employed
3 by a Regional Transit Board.
4 (c) An Inspector General appointed or employed by a
5 Regional Transit Board shall provide a monthly activity report
6 to the Executive 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 An Inspector General appointed or employed by a Regional
18 Transit Board and the Executive Inspector General shall
19 cooperate and share resources or information as necessary to
20 implement the provisions of this Article.
21 (d) Reports filed under this Section are exempt from the
22 Freedom of Information Act and shall be deemed confidential.
23 Investigatory files and reports prepared by the Office of the
24 Executive Inspector General and the Office of an Inspector
25 General appointed or employed by a Regional Transit Board may
26 be disclosed between the Offices as necessary to implement the
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1 provisions of this Article.
2 (Source: P.A. 96-1528, eff. 7-1-11.)
3 Section 5-305. The Secretary of State Act is amended by
4 adding Section 37.5 as follows:
5 (15 ILCS 305/37.5 new)
6 Sec. 37.5. Certification of eligibility for visitor
7 paratransit service.
8 (a) The Secretary of State may issue guidance and develop
9 standardized forms that an entity that is required to provide
10 complementary paratransit service in Illinois under 49 CFR
11 Part 37, Subpart F may use to determine and document the
12 eligibility of persons for that service.
13 (b) The Secretary of State shall ensure that the guidance
14 issued and forms developed under subsection (a) merely
15 describe the process that must be followed to document a
16 person's eligibility for complementary paratransit service
17 under 49 CFR Part 37, Subpart F and do not require the
18 disclosure or recording of any specific information about an
19 individual's disability.
20 Section 5-500. The Illinois Identification Card Act is
21 amended by changing Section 4 as follows:
22 (15 ILCS 335/4) (from Ch. 124, par. 24)
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1 Sec. 4. Identification card.
2 (a) In accordance with the requirements of this Section,
3 the Secretary of State shall issue a standard Illinois
4 Identification Card, as well as a mobile Illinois
5 Identification Card, to any natural person who is a resident
6 of the State of Illinois who applies for such a card, or
7 renewal thereof. No identification card shall be issued to any
8 person who holds a valid foreign state identification card,
9 license, or permit unless the person first surrenders to the
10 Secretary of State the valid foreign state identification
11 card, license, or permit. The card shall be prepared and
12 supplied by the Secretary of State and shall include a
13 photograph and signature or mark of the applicant. However,
14 the Secretary of State may provide by rule for the issuance of
15 Illinois Identification Cards without photographs if the
16 applicant has a bona fide religious objection to being
17 photographed or to the display of his or her photograph. The
18 Illinois Identification Card may be used for identification
19 purposes in any lawful situation only by the person to whom it
20 was issued. As used in this Act, "photograph" means any color
21 photograph or digitally produced and captured image of an
22 applicant for an identification card. As used in this Act,
23 "signature" means the name of a person as written by that
24 person and captured in a manner acceptable to the Secretary of
25 State.
26 (a-5) If an applicant for an identification card has a
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1 current driver's license or instruction permit issued by the
2 Secretary of State, the Secretary may require the applicant to
3 utilize the same residence address and name on the
4 identification card, driver's license, and instruction permit
5 records maintained by the Secretary. The Secretary may
6 promulgate rules to implement this provision.
7 (a-10) If the applicant is a judicial officer as defined
8 in Section 1-10 of the Judicial Privacy Act or a peace officer,
9 the applicant may elect to have his or her office or work
10 address listed on the card instead of the applicant's
11 residence or mailing address. The Secretary may promulgate
12 rules to implement this provision. For the purposes of this
13 subsection (a-10), "peace officer" means any person who by
14 virtue of his or her office or public employment is vested by
15 law with a duty to maintain public order or to make arrests for
16 a violation of any penal statute of this State, whether that
17 duty extends to all violations or is limited to specific
18 violations.
19 (a-15) The Secretary of State may provide for an expedited
20 process for the issuance of an Illinois Identification Card.
21 The Secretary shall charge an additional fee for the expedited
22 issuance of an Illinois Identification Card, to be set by
23 rule, not to exceed $75. All fees collected by the Secretary
24 for expedited Illinois Identification Card service shall be
25 deposited into the Secretary of State Special Services Fund.
26 The Secretary may adopt rules regarding the eligibility,
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1 process, and fee for an expedited Illinois Identification
2 Card. If the Secretary of State determines that the volume of
3 expedited identification card requests received on a given day
4 exceeds the ability of the Secretary to process those requests
5 in an expedited manner, the Secretary may decline to provide
6 expedited services, and the additional fee for the expedited
7 service shall be refunded to the applicant.
8 (a-20) The Secretary of State shall issue a standard
9 Illinois Identification Card to a person committed to the
10 Department of Corrections, the Department of Juvenile Justice,
11 a Federal Bureau of Prisons facility located in Illinois, or a
12 county jail or county department of corrections as follows: if
13 the person has a social security number,
14 (1) A committed person who has previously held an
15 Illinois Identification Card or an Illinois driver's
16 license shall submit an Identification Card verification
17 form to the Secretary of State, including a photograph
18 taken by the correctional facility, proof of residency
19 upon discharge, and a social security number, if the
20 committed person has a social security number. If the
21 committed person does not have a social security number
22 and is eligible for a social security number, the
23 Secretary of State shall not issue a standard Illinois
24 Identification Card until the committed person obtains a
25 social security number. If the committed person's
26 photograph and demographic information matches an existing
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1 Illinois Identification Card or Illinois driver's license
2 and the Secretary of State verifies the applicant's social
3 security number with the Social Security Administration,
4 the Secretary of State shall issue the committed person a
5 standard Illinois Identification Card. If the photograph
6 or demographic information matches an existing Illinois
7 Identification Card or Illinois driver's license in
8 another person's name or identity, a standard Illinois
9 Identification Card shall not be issued until the
10 committed person submits a certified birth certificate and
11 social security card to the Secretary of State and the
12 Secretary of State verifies the identity of the committed
13 person. If the Secretary of State cannot find a match to an
14 existing Illinois Identification Card or Illinois driver's
15 license, the committed person may apply for a standard
16 Illinois Identification card as described in paragraph
17 (2).
18 (2) A committed person who has not previously held an
19 Illinois Identification Card or Illinois driver's license
20 or for whom a match cannot be found as described in
21 paragraph (1) shall submit an Illinois Identification Card
22 verification form, including a photograph taken by the
23 correctional facility, a certified birth certificate,
24 proof of residency upon discharge, and a social security
25 number, if the committed has a social security number. If
26 the committed person does not have a social security
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1 number and is eligible for a social security number, the
2 Secretary of State shall not issue a standard Illinois
3 Identification Card until the committed person obtains a
4 social security number. If the Secretary of State verifies
5 the applicant's social security number with the Social
6 Security Administration, the Secretary of State shall
7 issue the committed person a standard Illinois
8 Identification Card.
9 The Illinois Identification Card verification form
10 described in this subsection shall be prescribed by the
11 Secretary of State. The Secretary of State and correctional
12 facilities in this State shall establish a secure method to
13 transfer the form.
14 (a-25) The Secretary of State shall issue a limited-term
15 Illinois Identification Card valid for 90 days to a committed
16 person upon release on parole, mandatory supervised release,
17 aftercare release, final discharge, or pardon from the
18 Department of Corrections, the Department of Juvenile Justice,
19 a Federal Bureau of Prisons facility located in Illinois, or a
20 county jail or county department of corrections, if the
21 released person does not obtain a standard Illinois
22 Identification Card as described in subsection (a-20) prior to
23 release but does present a Secretary of State prescribed
24 Identification Card verification form completed by the
25 correctional facility, verifying the released person's date of
26 birth, social security number, if the person has a social
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1 security number, and his or her Illinois residence address.
2 The verification form must have been completed no more than 30
3 days prior to the date of application for the Illinois
4 Identification Card.
5 Prior to the expiration of the 90-day period of the
6 limited-term Illinois Identification Card, if the released
7 person submits to the Secretary of State a certified copy of
8 his or her birth certificate and his or her social security
9 card, if the person has a social security number, or other
10 documents authorized by the Secretary, a standard Illinois
11 Identification Card shall be issued. A limited-term Illinois
12 Identification Card may not be renewed.
13 This subsection shall not apply to a released person who
14 was unable to obtain a standard Illinois Identification Card
15 because his or her photograph or demographic information
16 matched an existing Illinois Identification Card or Illinois
17 driver's license in another person's name or identity or to a
18 released person who does not have a social security number and
19 is eligible for a social security number.
20 (a-30) The Secretary of State shall issue a standard
21 Illinois Identification Card to a person upon conditional
22 release or absolute discharge from the custody of the
23 Department of Human Services, if the person presents a
24 certified copy of his or her birth certificate, social
25 security card, if the person has a social security number, or
26 other documents authorized by the Secretary, and a document
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1 proving his or her Illinois residence address. The Secretary
2 of State shall issue a standard Illinois Identification Card
3 to a person prior to his or her conditional release or absolute
4 discharge if personnel from the Department of Human Services
5 bring the person to a Secretary of State location with the
6 required documents. Documents proving residence address may
7 include any official document of the Department of Human
8 Services showing the person's address after release and a
9 Secretary of State prescribed verification form, which may be
10 executed by personnel of the Department of Human Services.
11 (a-35) The Secretary of State shall issue a limited-term
12 Illinois Identification Card valid for 90 days to a person
13 upon conditional release or absolute discharge from the
14 custody of the Department of Human Services, if the person is
15 unable to present a certified copy of his or her birth
16 certificate and social security card, if the person has a
17 social security number, or other documents authorized by the
18 Secretary, but does present a Secretary of State prescribed
19 verification form completed by the Department of Human
20 Services, verifying the person's date of birth and social
21 security number, if the person has a social security number,
22 and a document proving his or her Illinois residence address.
23 The verification form must have been completed no more than 30
24 days prior to the date of application for the Illinois
25 Identification Card. The Secretary of State shall issue a
26 limited-term Illinois Identification Card to a person no
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1 sooner than 14 days prior to his or her conditional release or
2 absolute discharge if personnel from the Department of Human
3 Services bring the person to a Secretary of State location
4 with the required documents. Documents proving residence
5 address shall include any official document of the Department
6 of Human Services showing the person's address after release
7 and a Secretary of State prescribed verification form, which
8 may be executed by personnel of the Department of Human
9 Services.
10 (b) The Secretary of State shall issue a special Illinois
11 Identification Card, which shall be known as an Illinois
12 Person with a Disability Identification Card, to any natural
13 person who is a resident of the State of Illinois, who is a
14 person with a disability as defined in Section 4A of this Act,
15 who applies for such card, or renewal thereof. No Illinois
16 Person with a Disability Identification Card shall be issued
17 to any person who holds a valid foreign state identification
18 card, license, or permit unless the person first surrenders to
19 the Secretary of State the valid foreign state identification
20 card, license, or permit. The Secretary of State shall charge
21 no fee to issue such card. The card shall be prepared and
22 supplied by the Secretary of State, and shall include a
23 photograph and signature or mark of the applicant, a
24 designation indicating that the card is an Illinois Person
25 with a Disability Identification Card, and shall include a
26 comprehensible designation of the type and classification of
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1 the applicant's disability as set out in Section 4A of this
2 Act. However, the Secretary of State may provide by rule for
3 the issuance of Illinois Person with a Disability
4 Identification Cards without photographs if the applicant has
5 a bona fide religious objection to being photographed or to
6 the display of his or her photograph. If the applicant so
7 requests, the card shall include a description of the
8 applicant's disability and any information about the
9 applicant's disability or medical history which the Secretary
10 determines would be helpful to the applicant in securing
11 emergency medical care. If a mark is used in lieu of a
12 signature, such mark shall be affixed to the card in the
13 presence of 2 two witnesses who attest to the authenticity of
14 the mark. The Illinois Person with a Disability Identification
15 Card may be used for identification purposes in any lawful
16 situation by the person to whom it was issued.
17 The Illinois Person with a Disability Identification Card
18 may be used as adequate documentation of disability in lieu of
19 a physician's determination of disability, a determination of
20 disability from a physician assistant, a determination of
21 disability from an advanced practice registered nurse, or any
22 other documentation of disability whenever any State law
23 requires that a person with a disability provide such
24 documentation of disability, however an Illinois Person with a
25 Disability Identification Card shall not qualify the
26 cardholder to participate in any program or to receive any
SB2111 Enrolled - 26 - LRB104 09876 LNS 19944 b
1 benefit which is not available to all persons with like
2 disabilities. Notwithstanding any other provisions of law, an
3 Illinois Person with a Disability Identification Card, or
4 evidence that the Secretary of State has issued an Illinois
5 Person with a Disability Identification Card, shall not be
6 used by any person other than the person named on such card to
7 prove that the person named on such card is a person with a
8 disability or for any other purpose unless the card is used for
9 the benefit of the person named on such card, and the person
10 named on such card consents to such use at the time the card is
11 so used.
12 An optometrist's determination of a visual disability
13 under Section 4A of this Act is acceptable as documentation
14 for the purpose of issuing an Illinois Person with a
15 Disability Identification Card.
16 When medical information is contained on an Illinois
17 Person with a Disability Identification Card, the Office of
18 the Secretary of State shall not be liable for any actions
19 taken based upon that medical information.
20 The Secretary of State shall add a marker or box to the
21 Illinois Person with a Disability Identification Card that can
22 be used to record and demonstrate that the holder of the card
23 has presented documentation of certification of eligibility to
24 receive complementary paratransit services under 49 CFR Part
25 37, Subpart F by an entity that is required to provide those
26 services in the State.
SB2111 Enrolled - 27 - LRB104 09876 LNS 19944 b
1 (c) The Secretary of State shall provide that each
2 original or renewal Illinois Identification Card or Illinois
3 Person with a Disability Identification Card issued to a
4 person under the age of 21 shall be of a distinct nature from
5 those Illinois Identification Cards or Illinois Person with a
6 Disability Identification Cards issued to individuals 21 years
7 of age or older. The color designated for Illinois
8 Identification Cards or Illinois Person with a Disability
9 Identification Cards for persons under the age of 21 shall be
10 at the discretion of the Secretary of State.
11 (c-1) Each original or renewal Illinois Identification
12 Card or Illinois Person with a Disability Identification Card
13 issued to a person under the age of 21 shall display the date
14 upon which the person becomes 18 years of age and the date upon
15 which the person becomes 21 years of age.
16 (c-3) The General Assembly recognizes the need to identify
17 military veterans living in this State for the purpose of
18 ensuring that they receive all of the services and benefits to
19 which they are legally entitled, including healthcare,
20 education assistance, and job placement. To assist the State
21 in identifying these veterans and delivering these vital
22 services and benefits, the Secretary of State is authorized to
23 issue Illinois Identification Cards and Illinois Person with a
24 Disability Identification Cards with the word "veteran"
25 appearing on the face of the cards. This authorization is
26 predicated on the unique status of veterans. The Secretary may
SB2111 Enrolled - 28 - LRB104 09876 LNS 19944 b
1 not issue any other identification card which identifies an
2 occupation, status, affiliation, hobby, or other unique
3 characteristics of the identification card holder which is
4 unrelated to the purpose of the identification card.
5 (c-5) Beginning on or before July 1, 2015, the Secretary
6 of State shall designate a space on each original or renewal
7 identification card where, at the request of the applicant,
8 the word "veteran" shall be placed. The veteran designation
9 shall be available to a person identified as a veteran under
10 subsection (b) of Section 5 of this Act who was discharged or
11 separated under honorable conditions.
12 (d) The Secretary of State may issue a Senior Citizen
13 discount card, to any natural person who is a resident of the
14 State of Illinois who is 60 years of age or older and who
15 applies for such a card or renewal thereof. The Secretary of
16 State shall charge no fee to issue such card. The card shall be
17 issued in every county and applications shall be made
18 available at, but not limited to, nutrition sites, senior
19 citizen centers and Area Agencies on Aging. The applicant,
20 upon receipt of such card and prior to its use for any purpose,
21 shall have affixed thereon in the space provided therefor his
22 signature or mark.
23 (e) The Secretary of State, in his or her discretion, may
24 designate on each Illinois Identification Card or Illinois
25 Person with a Disability Identification Card a space where the
26 card holder may place a sticker or decal, issued by the
SB2111 Enrolled - 29 - LRB104 09876 LNS 19944 b
1 Secretary of State, of uniform size as the Secretary may
2 specify, that shall indicate in appropriate language that the
3 card holder has renewed his or her Illinois Identification
4 Card or Illinois Person with a Disability Identification Card.
5 (f)(1) The Secretary of State may issue a mobile
6 identification card to an individual who is otherwise eligible
7 to hold a physical credential in addition to, and not instead
8 of, an identification card if the Secretary of State has
9 issued an identification card to the person. The data elements
10 that are used to build an electronic credential must match the
11 individual's current Department record.
12 (2) The Secretary may enter into agreements or contract
13 with an agency of the State, another state, the United States,
14 or a third party to facilitate the issuance, use, and
15 verification of a mobile identification card issued by the
16 Secretary or another state.
17 (3) Any mobile identification card issued by the Secretary
18 shall be in accordance with the most recent AAMVA standards.
19 (4) The Secretary shall design the mobile identification
20 card in a manner that allows the credential holder to maintain
21 physical possession of the device on which the mobile
22 identification card is accessed during verification.
23 (g) The verification process shall be implemented to
24 require:
25 (1) the relying parties to authenticate electronic
26 credentials in accordance with applicable AAMVA standards
SB2111 Enrolled - 30 - LRB104 09876 LNS 19944 b
1 prior to acceptance of the electronic credential;
2 (2) the Secretary to ensure that electronic credential
3 data is subject to all jurisdictional data security and
4 privacy protection laws and regulations; and
5 (3) the relying parties to request only electronic
6 credential data elements that are necessary to complete
7 the transaction for which data is being requested.
8 (h) Privacy and tracking of data shall be restricted by
9 implementing the following requirements:
10 (1) the relying parties shall retain only electronic
11 credential data elements for which the relying party
12 explicitly obtained consent from the electronic credential
13 holder and shall inform the electronic credential holder
14 of the use and retention period of the electronic data
15 elements;
16 (2) the Secretary shall use an electronic credential
17 system that is designed to maximize the privacy of the
18 credential holder in accordance with State and federal law
19 and shall not track or compile information without the
20 credential holder's consent; and
21 (3) the Department shall only compile and disclose
22 information regarding the use of the credential as
23 required by State or federal law.
24 (i)(1) The electronic credential holder shall be required
25 to have the holder's their physical credential on the holder's
26 their person for all purposes for which an identification card
SB2111 Enrolled - 31 - LRB104 09876 LNS 19944 b
1 is required. No person, public entity, private entity, or
2 agency shall establish a policy that requires an electronic
3 credential instead of a physical credential.
4 (2) Electronic credential systems shall be designed so
5 that there is no requirement for the electronic credential
6 holder to display or relinquish possession of the credential
7 holder's mobile device to relying parties for the acceptance
8 of an electronic credential.
9 (3) When required by law and upon request by law
10 enforcement, a credential holder must provide the credential
11 holder's physical credential.
12 (4) Any law or regulation that requires an individual to
13 surrender the individual's their physical credential to law
14 enforcement does not apply to the device on which an
15 electronic credential has been provisioned.
16 (j) A person may be required to produce when so requested a
17 physical identification card to a law enforcement officer, a
18 representative of a State or federal department or agency, or
19 a private entity and is subject to all applicable laws and
20 consequences for failure to produce such an identification
21 card.
22 (k) The Secretary of State shall adopt such rules as are
23 necessary to implement a mobile identification card.
24 (l) The display of a mobile identification card shall not
25 serve as consent or authorization for a law enforcement
26 officer, or any other person, to search, view, or access any
SB2111 Enrolled - 32 - LRB104 09876 LNS 19944 b
1 other data or application on the mobile device. If a person
2 presents the person's mobile device to a law enforcement
3 officer for purposes of displaying a mobile identification
4 card, the law enforcement officer shall promptly return the
5 mobile device to the person once the officer has had an
6 opportunity to verify the identity of the person. Except for
7 willful and wanton misconduct, any law enforcement officer,
8 court, or officer of the court presented with the device shall
9 be immune from any liability resulting from damage to the
10 mobile device.
11 (m) The fee to install the application to display a mobile
12 identification card as defined in this subsection shall not
13 exceed $6.
14 (n) As used in this Section:
15 "AAMVA" means the American Association of Motor Vehicle
16 Administrators.
17 "Credential" means a driver's license, learner's permit,
18 or identification card.
19 "Credential holder" means the individual to whom a mobile
20 driver's license or a mobile identification card is issued.
21 "Data element" means a distinct component of a customer's
22 information that is found on the Department's customer record.
23 "Department" means the Secretary of State Department of
24 Driver Services.
25 "Electronic credential" means an electronic extension of
26 the departmental issued physical credential that conveys
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1 identity and complies with AAMVA's mobile driver license
2 Implementation guidelines and the ISO/IEC 18013-5 standard.
3 "Electronic credential system" means a digital process
4 that includes a method for provisioning electronic
5 credentials, requesting and transmitting electronic credential
6 data elements, and performing tasks to maintain the system.
7 "Full profile" means all the information provided on an
8 identification card.
9 "ISO" means the International Organization for
10 Standardization, which creates uniform processes and
11 procedures.
12 "Limited profile" means a portion of the information
13 provided on an Identification Card.
14 "Mobile identification card" means a data file that is
15 available on any mobile device that has connectivity to the
16 Internet through an application that allows the mobile device
17 to download the data file from the Secretary of State, that
18 contains all the data elements visible on the face and back of
19 an identification card, and that displays the current status
20 of the identification card. "Mobile identification card" does
21 not include a copy, photograph, or image of an Illinois
22 Identification Card that is not downloaded through the
23 application on a mobile device.
24 "Physical credential" means a Department-issued Department
25 issued document that conveys identity in accordance with the
26 Illinois Identification Card Act.
SB2111 Enrolled - 34 - LRB104 09876 LNS 19944 b
1 "Provision" means the initial loading of an electronic
2 credential onto a device.
3 "Relying party" means the entity to which the credential
4 holder presents the electronic credential.
5 "Verification process" means a method of authenticating
6 the electronic credential through the use of secured
7 encryption communication.
8 (o) (f) Upon providing the required documentation, at the
9 request of the applicant, the identification card may reflect
10 Gold Star Family designation. The Secretary shall designate a
11 space on each original or renewal of an identification card
12 for such designation. This designation shall be available to a
13 person eligible for Gold Star license plates under subsection
14 (f) of Section 6-106 of the Illinois Vehicle Code.
15 (Source: P.A. 102-299, eff. 8-6-21; 103-210, eff. 7-1-24;
16 103-345, eff. 1-1-24; 103-605, eff. 7-1-24; 103-782, eff.
17 8-6-24; 103-824, eff. 1-1-25; 103-933, eff. 1-1-25; revised
18 11-26-24.)
19 Section 5-800. The Department of Transportation Law of the
20 Civil Administrative Code of Illinois is amended by changing
21 Sections 2705-203 and 2705-440 and by adding Sections
22 2705-592, 2705-594, 2705-596, 2705-598, and 2705-630 as
23 follows:
24 (20 ILCS 2705/2705-203)
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1 Sec. 2705-203. Transportation asset management plan and
2 performance-based programming.
3 (a) The General Assembly declares it to be in the public
4 interest that a project prioritization process be developed
5 and implemented to: improve the efficiency and effectiveness
6 of the State's transportation system and transportation
7 safety; enhance movement and multi-modal connections of people
8 and goods; mitigate environmental impacts; and promote
9 inclusive economic growth throughout the State.
10 (b) In accordance with Section 2705-200, the Department of
11 Transportation shall develop and publish a statewide
12 multi-modal transportation improvement program for all
13 transportation facilities under its jurisdiction. The
14 development of the program shall use the following methods:
15 (1) use transportation system information to make
16 investment and policy decisions to achieve statewide and
17 regional performance goals established in the State's
18 long-range transportation plan;
19 (2) ensure transportation investment decisions emerge
20 from an objective and quantifiable technical analysis;
21 (3) evaluate the need and financial support necessary
22 for maintaining, expanding, and modernizing existing
23 transportation infrastructure;
24 (4) ensure that all State transportation funds
25 invested are directed to support progress toward the
26 achievement of performance targets established in the
SB2111 Enrolled - 36 - LRB104 09876 LNS 19944 b
1 State's long-range transportation plan;
2 (5) make investment decisions transparent and
3 accessible to the public;
4 (6) consider emissions and increase infrastructure
5 resilience to climate change; and
6 (7) reduce disparities in transportation system
7 performance experienced by racially marginalized
8 communities, low-income to moderate-income consumers, and
9 other disadvantaged groups and populations identified
10 under the Environmental Justice Act.
11 (c) The Department shall develop a risk-based, statewide
12 highway system asset management plan in accordance with 23
13 U.S.C. 119 and 23 CFR Part 515 to preserve and improve the
14 condition of highway and bridge assets and enhance the
15 performance of the system while minimizing the life-cycle
16 cost. The asset management plan shall be made publicly
17 available on the Department's website.
18 (d) The Department shall develop a needs-based transit
19 asset management plan for State-supported public
20 transportation assets, including vehicles, facilities,
21 equipment, and other infrastructure in accordance with 49 CFR
22 Part 625. The goal of the transit asset management plan is to
23 preserve and modernize capital transit assets that will
24 enhance the performance of the transit system. Federally
25 required transit asset management plans developed by the
26 Northern Illinois Transit Authority Regional Transportation
SB2111 Enrolled - 37 - LRB104 09876 LNS 19944 b
1 Authority (RTA) or Service Boards service boards, as defined
2 in Section 1.03 of the Northern Illinois Transit Regional
3 Transportation Authority Act, shall become the transportation
4 asset management plans for all public transportation assets
5 owned and operated by the Service Boards service boards. The
6 Department's transit asset management plan shall be made
7 publicly available on the Department's website. The Northern
8 Illinois Transit Authority RTA shall be responsible for making
9 public transit asset management plans for its service area
10 publicly available.
11 (e) The Department shall develop a performance-based
12 project selection process to prioritize taxpayer investment in
13 State-owned transportation assets that add capacity. The goal
14 of the process is to select projects through an evaluation
15 process. This process shall provide the ability to prioritize
16 projects based on geographic regions. The Department shall
17 solicit input from localities, metropolitan planning
18 organizations, transit authorities, transportation
19 authorities, representatives of labor and private businesses,
20 the public, community-based organizations, and other
21 stakeholders in its development of the prioritization process
22 pursuant to this subsection.
23 The selection process shall include a defined public
24 process by which candidate projects are evaluated and
25 selected. The process shall include both a quantitative
26 analysis of the evaluation factors and qualitative review by
SB2111 Enrolled - 38 - LRB104 09876 LNS 19944 b
1 the Department. The Department may apply different weights to
2 the performance measures based on regional geography or
3 project type. Projects selected as part of the process will be
4 considered for inclusion in the State's multi-year
5 transportation program and the annual element of the
6 multi-year program. Starting April 1, 2022, no new capacity
7 project shall be included in the multi-year transportation
8 plan or annual element without being evaluated under the
9 selection process described in this Section. Existing projects
10 in the multi-year highway improvement program may be included
11 regardless of the outcome of using the performance-based
12 project selection tool. The policies that guide the
13 performance-based project selection process shall be derived
14 from State and regional long-range transportation plans. The
15 Department shall certify that it is making progress toward the
16 goals included in the State's long-range transportation plan.
17 All plan and program development based on the project
18 selection process described in this subsection shall include
19 consideration of regional balance. The selection process shall
20 be based on an objective and quantifiable analysis that
21 considers, at a minimum, the goals identified in the
22 long-range transportation plan and shall:
23 (1) consider emissions and increase infrastructure
24 resilience due to climate change; and
25 (2) reduce disparities in transportation system
26 performance experienced by racially marginalized
SB2111 Enrolled - 39 - LRB104 09876 LNS 19944 b
1 communities, low-income to moderate-income consumers, and
2 other disadvantaged groups and populations identified
3 under the Environmental Justice Act; and.
4 (3) evaluate project potential for mode shift away
5 from single-occupancy vehicles and commercial motor
6 vehicles.
7 (f) The prioritization process developed under subsection
8 (e) may apply only to State jurisdiction projects and not to:
9 (1) projects funded by the Congestion Mitigation and
10 Air Quality Improvement funds apportioned to the State
11 pursuant to 23 U.S.C. 104(b)(4) and State matching funds;
12 (2) projects funded by the Highway Safety Improvement
13 Program funds apportioned to the State pursuant to 23
14 U.S.C. 104(b)(3) and State matching funds;
15 (3) projects funded by the Transportation Alternatives
16 funds set-aside pursuant to 23 U.S.C. 133(h) and State
17 matching funds;
18 (4) projects funded by the National Highway Freight
19 Program pursuant to 23 U.S.C. 167 and State matching
20 funds;
21 (5) funds to be allocated to urban areas based on
22 population under federal law; and
23 (6) any new federal program that requires competitive
24 selection, distribution to local public agencies, or
25 specific eligibility.
26 (g) A summary of the project evaluation process, measures,
SB2111 Enrolled - 40 - LRB104 09876 LNS 19944 b
1 program, and scores for all candidate projects shall be
2 published on the Department website in a timely manner.
3 (Source: P.A. 102-573, eff. 8-24-21.)
4 (20 ILCS 2705/2705-440) (was 20 ILCS 2705/49.25h)
5 Sec. 2705-440. Intercity rail service Rail Service.
6 (a) For the purposes of providing intercity railroad
7 passenger service within this State and throughout the United
8 States, the Department is authorized to enter into agreements
9 with any state, state agency, unit units of local government
10 or political subdivision subdivisions, the Commuter Rail
11 Division of the Northern Illinois Transit Regional
12 Transportation Authority (or a public corporation on behalf of
13 that Division), architecture or engineering firm firms, the
14 National Railroad Passenger Corporation, any carrier, or any
15 individual, corporation, partnership, or public or private
16 entity. The cost related to such services shall be borne in
17 such proportion as, by agreement or contract the parties may
18 desire.
19 (b) In providing any intercity railroad passenger service
20 as provided in this Section, the Department shall have the
21 following additional powers:
22 (1) to enter into trackage use agreements with rail
23 carriers;
24 (1.5) to freely lease or otherwise contract for any
25 purpose any of the locomotives, passenger railcars, and
SB2111 Enrolled - 41 - LRB104 09876 LNS 19944 b
1 other rolling stock equipment or accessions to any state
2 or state agency, public or private entity, or quasi-public
3 entities;
4 (2) to enter into haulage agreements with rail
5 carriers;
6 (3) to lease or otherwise contract for use,
7 maintenance, servicing, and repair of any needed
8 locomotives, rolling stock, stations, or other facilities,
9 the lease or contract having a term not to exceed 50 years
10 (but any multi-year contract shall recite that the
11 contract is subject to termination and cancellation,
12 without any penalty, acceleration payment, or other
13 recoupment mechanism, in any fiscal year for which the
14 General Assembly fails to make an adequate appropriation
15 to cover the contract obligation);
16 (4) to enter into management agreements;
17 (5) to include in any contract indemnification of
18 carriers or other parties for any liability with regard to
19 intercity railroad passenger service;
20 (6) to obtain insurance for any losses or claims with
21 respect to the service;
22 (7) to promote the use of the service;
23 (8) to make grants to any body politic and corporate,
24 any unit of local government, or the Commuter Rail
25 Division of the Northern Illinois Transit Regional
26 Transportation Authority to cover all or any part of any
SB2111 Enrolled - 42 - LRB104 09876 LNS 19944 b
1 capital or operating costs of the service and to enter
2 into agreements with respect to those grants;
3 (9) to set any fares or make other regulations with
4 respect to the service, consistent with any contracts for
5 the service; and
6 (10) to otherwise enter into any contracts necessary
7 or convenient to provide rail services, operate or
8 maintain locomotives, passenger railcars, and other
9 rolling stock equipment or accessions, including the lease
10 or use of such locomotives, railcars, equipment, or
11 accessions.
12 (c) All service provided under this Section shall be
13 exempt from all regulations by the Illinois Commerce
14 Commission (other than for safety matters). To the extent the
15 service is provided by the Commuter Rail Division of the
16 Regional Transportation Authority (or a public corporation on
17 behalf of that Division), it shall be exempt from safety
18 regulations of the Illinois Commerce Commission to the extent
19 the Commuter Rail Division adopts its own safety regulations.
20 (d) In connection with any powers exercised under this
21 Section, the Department
22 (1) shall not have the power of eminent domain; and
23 (2) shall not directly operate any railroad service
24 with its own employees.
25 (e) Any contract with the Commuter Rail Division of the
26 Northern Illinois Transit Regional Transportation Authority
SB2111 Enrolled - 43 - LRB104 09876 LNS 19944 b
1 (or a public corporation on behalf of the Division) under this
2 Section shall provide that all costs in excess of revenue
3 received by the Division generated from intercity rail service
4 provided by the Division shall be fully borne by the
5 Department, and no funds for operation of commuter rail
6 service shall be used, directly or indirectly, or for any
7 period of time, to subsidize the intercity rail operation. If
8 at any time the Division does not have sufficient funds
9 available to satisfy the requirements of this Section, the
10 Division shall forthwith terminate the operation of intercity
11 rail service. The payments made by the Department to the
12 Division for the intercity rail passenger service shall not be
13 made in excess of those costs or as a subsidy for costs of
14 commuter rail operations. This shall not prevent the contract
15 from providing for efficient coordination of service and
16 facilities to promote cost effective operations of both
17 intercity rail passenger service and commuter rail services
18 with cost allocations as provided in this paragraph.
19 (f) Whenever the Department enters into an agreement with
20 any carrier for the Department's payment of such railroad
21 required maintenance expenses necessary for intercity
22 passenger service, the Department may deposit such required
23 maintenance funds into an escrow account. Whenever the
24 Department enters into an agreement with any State or State
25 agency, any public or private entity or quasi-public entity
26 for the lease, rental or use of locomotives, passenger
SB2111 Enrolled - 44 - LRB104 09876 LNS 19944 b
1 railcars, and other rolling stock equipment or accessions, the
2 Department may deposit such receipts into a separate escrow
3 account. For purposes of this subsection, "escrow account" an
4 escrow account means any fiduciary account established with
5 (i) any banking corporation which is both organized under the
6 Illinois Banking Act and authorized to accept and administer
7 trusts in this State, or (ii) any national banking association
8 which has its principal place of business in this State and
9 which also is authorized to accept and administer trusts in
10 this State. The funds in any required maintenance escrow
11 account may be withdrawn by the carrier or entity in control of
12 the railroad being maintained, only with the consent of the
13 Department, pursuant to a written maintenance agreement and
14 pursuant to a maintenance plan that shall be updated each
15 year. The funds in an escrow account holding lease payments,
16 use fees, or rental payments may be withdrawn by the
17 Department, only with the consent of the Midwest Fleet Pool
18 Board and deposited into the High-Speed Rail Rolling Stock
19 Fund. The moneys deposited in the escrow accounts shall be
20 invested and reinvested, pursuant to the direction of the
21 Department, in bonds and other interest bearing obligations of
22 this State, or in such accounts, certificates, bills,
23 obligations, shares, pools, or other securities as are
24 authorized for the investment of public funds under the Public
25 Funds Investment Act. Escrow accounts created under this
26 subsection shall not have terms that exceed 20 years. At the
SB2111 Enrolled - 45 - LRB104 09876 LNS 19944 b
1 end of the term of an escrow account holding lease payments,
2 use fees, or rental payments, the remaining balance shall be
3 deposited in the High-Speed Rail Rolling Stock Fund, a special
4 fund that is created in the State treasury Treasury. Moneys in
5 the High-Speed Rail Rolling Stock Fund may be used for any
6 purpose related to locomotives, passenger railcars, and other
7 rolling stock equipment. The Department shall prepare a report
8 for presentation to the Comptroller and the Treasurer each
9 year that shows the amounts deposited and withdrawn, the
10 purposes for withdrawal, the balance, and the amounts derived
11 from investment.
12 (g) Whenever the Department enters into an agreement with
13 any carrier, State or State agency, any public or private
14 entity, or quasi-public entity for costs related to
15 procurement and maintenance of locomotives, passenger
16 railcars, and other rolling stock equipment or accessions, the
17 Department shall deposit such receipts into the High-Speed
18 Rail Rolling Stock Fund. Additionally, the Department may make
19 payments into the High-Speed Rail Rolling Stock Fund for the
20 State's share of the costs related to locomotives, passenger
21 railcars, and other rolling stock equipment.
22 (Source: P.A. 103-707, eff. 1-1-25; revised 11-22-24.)
23 (20 ILCS 2705/2705-592 new)
24 Sec. 2705-592. Bus rapid transit and related technologies.
25 To improve public transportation service across the State, the
SB2111 Enrolled - 46 - LRB104 09876 LNS 19944 b
1 Department, the Illinois State Toll Highway Authority, and
2 counties and municipalities shall collaborate with and provide
3 support to the Northern Illinois Transit Authority and other
4 public transit providers in the implementation of bus rapid
5 transit and bus priority service using the expressway,
6 tollway, and other roadway systems. The Department, in
7 cooperation with the Northern Illinois Transit Authority,
8 other public transit providers, the Illinois State Toll
9 Highway Authority, and counties and municipalities, shall
10 evaluate and refine technologies and operations approaches to
11 bus rapid transit and bus priority operations and make
12 recommendations to the Northern Illinois Transit Authority and
13 other public transit providers. The Department shall work with
14 public transit providers to research, evaluate, and, where
15 appropriate, implement vehicle infrastructure, intelligent
16 transportation systems, and other technologies to improve the
17 quality and safety of public transportation on roadway
18 systems.
19 (20 ILCS 2705/2705-594 new)
20 Sec. 2705-594. Transit Integration Policy Development
21 Committee.
22 (a) The Transit Integration Policy Development Committee
23 is created within the Department to better integrate transit
24 policy, planning, and design into Department decisions and
25 highway planning and design. The Committee shall consist of
SB2111 Enrolled - 47 - LRB104 09876 LNS 19944 b
1 the following members:
2 (1) the Secretary or the Secretary's designee;
3 (2) representatives of the Department that are
4 involved in highway or intermodal project implementation,
5 design, planning, or programming, as designated by the
6 Secretary; and
7 (3) transportation experts from outside the
8 Department, including, but not limited to, staff of a
9 metropolitan planning organization or local transportation
10 department, as designated by the Secretary.
11 (b) The Committee shall recommend new policies and
12 processes or shall review and recommend revisions to existing
13 policies and processes for:
14 (1) identifying existing, planned, and potential
15 future transit corridors;
16 (2) soliciting in a timely fashion and evaluating
17 feedback from local transit agencies and local governments
18 as it pertains to Department projects on existing,
19 planned, and potential future transit corridors;
20 (3) coordinating with local transit authorities,
21 intercity bus operators, and local governments on the
22 delivery of bus priority projects;
23 (4) incorporating designing for transit vehicles and
24 intercity buses on highway projects in the Department's
25 Design and Environment Manual, including design to
26 facilitate bus-on-shoulder operations; and
SB2111 Enrolled - 48 - LRB104 09876 LNS 19944 b
1 (5) developing a cost and maintenance policy for
2 construction and maintenance of future facilities in
3 partnership with transit agencies.
4 (c) The Committee shall research global best practices on
5 optimizing roadways for public transportation services.
6 (d) The Committee shall consult with highway and transit
7 experts, transit users, and other individuals and groups with
8 knowledge and experience on how to optimize roadways for
9 public transportation service.
10 (e) The Department shall implement policies and processes
11 based on recommendations developed by the Transit Integration
12 Policy Development Committee under subsection (b) and shall
13 publish, by January 1, 2027, a report on the modifications to
14 the Department's policies and procedures based on input from
15 the Transit Integration Policy Development Committee. The
16 report shall include the Department's identification of
17 statutory provisions that the Department believes make it
18 difficult or impossible for the Department to implement its
19 recommended best practices for optimizing its highways for
20 public transit service and users.
21 (f) The Transit Integration Policy Development Committee
22 shall review and evaluate the Department's implementation of
23 policies and processes created or revised under subsection
24 (f). The Committee shall publish a report on the status of the
25 Department's implementation of these policies and procedures
26 by January 1, 2030.
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1 (g) This Section is repealed January 1, 2030.
2 (20 ILCS 2705/2705-596 new)
3 Sec. 2705-596. Transit Coordination Oversight Officer.
4 (a) Within 12 months after the effective date of this
5 amendatory Act of the 104th General Assembly and until January
6 1, 2030, the Secretary shall designate a Transit Coordination
7 Oversight Officer within the Department. The Transit
8 Coordination Oversight Officer shall be tasked with the
9 following:
10 (1) overseeing the Department's implementation of the
11 policies and processes recommended by the Transit
12 Integration Policy Development Committee;
13 (2) leading coordination across the Department to
14 publish the Department's reports outlined in Section
15 2705-594 of this Code; and
16 (3) liaising with transit agencies, metropolitan
17 planning organizations, and members of the public to
18 solicit and evaluate feedback on the Department's
19 implementation of transit-related policies and processes.
20 (b) Beginning January 1, 2030, the Department may employ a
21 Transit Coordination Oversight Officer.
22 (20 ILCS 2705/2705-598 new)
23 Sec. 2705-598. Planning study on improvements needed at
24 the Joliet train station. The Department shall conduct a
SB2111 Enrolled - 50 - LRB104 09876 LNS 19944 b
1 planning study on improvements needed at the Joliet train
2 station for potential extensions of passenger rail service to
3 Peoria and other locations outside of the counties of Cook,
4 DuPage, Kane, Lake, McHenry, and Will.
5 (20 ILCS 2705/2705-630 new)
6 Sec. 2705-630. Transit to Trails Grant Program.
7 (a) Subject to appropriation, the Secretary shall
8 establish the Transit to Trails Grant Program to award grants
9 to eligible entities for projects that facilitate travel by
10 public transportation to public outdoor recreation sites for
11 outdoor activities, including hiking, biking, boating,
12 picnicking, hunting, fishing, wildlife observation, or other
13 nature-based activities. Grants awarded under the program
14 shall be used to:
15 (1) alter or expand the operation of existing transit
16 service to accommodate increased access by the public to
17 outdoor recreation activities;
18 (2) construct new infrastructure or improve existing
19 infrastructure to facilitate safe, convenient access to
20 outdoor recreation sites, including, but not limited to,
21 stations, stops, shelters, bike-share, and bicycle
22 infrastructure; and
23 (3) conduct public outreach, education, and engagement
24 efforts to inform the public and encourage the use of
25 transit and access to outdoor recreation.
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1 (b) The Secretary shall award grants through the program
2 on an annual basis. The Department shall adopt necessary rules
3 to create and implement the program.
4 (c) Eligible recipients of grants under the program shall
5 include:
6 (1) public transit agencies;
7 (2) owners of outdoor recreation lands accessible by
8 the general public, including parks districts,
9 conservation districts, and forest preserve districts; and
10 (3) units of local government, State agencies, and
11 nonprofit organizations engaged in facilitating outdoor
12 recreation opportunities.
13 (d) In considering grant applications under the program,
14 the Department shall prioritize projects that demonstrate an
15 intent to enhance access to outdoor recreation opportunities
16 for populations with the greatest need of improved access to
17 outdoor nature-based recreation. These populations shall be
18 defined as residents of:
19 (1) R3 Areas as established under Section 10-40 of the
20 Cannabis Regulation and Tax Act;
21 (2) environmental justice communities as defined under
22 the Illinois Solar for All Program and updated from time
23 to time by the Illinois Power Agency and the Administrator
24 of the Illinois Solar for All Program;
25 (3) communities that can demonstrate to the Secretary
26 that the community has inadequate, insufficient, or no
SB2111 Enrolled - 52 - LRB104 09876 LNS 19944 b
1 park space or recreation facilities, including by
2 demonstrating:
3 (A) quality concerns relating to the available
4 park space or recreation facilities;
5 (B) the presence of recreational facilities that
6 do not serve the needs of the community; or
7 (C) the inequitable distribution of park space for
8 high-need populations, based on income, age, or other
9 measures of vulnerability and need; and
10 (4) communities in which at least 50% of the
11 population is not located within 0.5 miles of park space.
12 (e) The Department shall provide technical assistance in
13 preparing grant applications to applicants upon request.
14 Section 5-805. The Illinois Procurement Code is amended by
15 adding Section 20-25.3 as follows:
16 (30 ILCS 500/20-25.3 new)
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
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1 Section 1.04. The source selection method identified by the
2 Department of Transportation is not limited to those otherwise
3 set forth in this Code. The transition consultant shall assist
4 the Department of Transportation and the interim Northern
5 Illinois Transit Authority Board to develop a transition plan,
6 including the transition of functions between the Service
7 Boards and the Authority, the evaluation of existing policy
8 processes, and the development of a process for efficient and
9 effective operations by both the Northern Illinois Transit
10 Authority and the Service Boards.
11 (b) The method of source selection shall be by an
12 expedited, competitive process approved by the Chief
13 Procurement Officer appointed under paragraph (4) of
14 subsection (a) of Section 10-20.
15 (c) All potential contractors shall be registered in the
16 Illinois Procurement Gateway vendor portal prior to contract
17 execution.
18 (d) Except for Sections 5-5, 5-7, 10-10, 20-75, 20-80,
19 20-120, 20-155, 20-160, and 25-60, paragraph (5) of subsection
20 (b) of Section 15-25, and Article 50 and any rules adopted
21 under those Sections and Article, this Code does not apply to
22 procurements required by this Section, notwithstanding any
23 other provision of this Code or any law to the contrary.
24 (e) This Section is inoperative 2 years after the
25 effective date of this amendatory Act of the 104th General
26 Assembly.
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1 Section 5-900. The Metropolitan Transit Authority Act is
2 amended by changing Sections 1, 2, 5, 6, 7, 9a, 9b, 11, 12a,
3 12b, 12c, 15, 18, 19, 20, 21, 23, 27, 28, 28a, 28d, 29, 31, 38,
4 and 42 and by adding Sections 19.5, 33.10, and 51.5 as follows:
5 (70 ILCS 3605/1) (from Ch. 111 2/3, par. 301)
6 Sec. 1. This Act shall be known and may be cited as the
7 Chicago Transit Authority Act, and for the purposes of legal
8 obligations created prior to this amendatory Act of the 104th
9 General Assembly, it may also be cited as the "Metropolitan
10 Transit Authority Act."
11 (Source: Laws 1945, p. 1171.)
12 (70 ILCS 3605/2) (from Ch. 111 2/3, par. 302)
13 Sec. 2. When used in this Act:
14 "Transportation System" means all plants, equipment,
15 property and rights useful for transportation of passengers
16 for hire except taxicabs and includes, without limiting the
17 generality of the foregoing, street railways, elevated
18 railroads, subways and underground railroads, motor vehicles,
19 trolley buses, motor buses and any combination thereof.
20 "Metropolitan area of Cook County" embraces all the
21 territory in the County of Cook, State of Illinois East of the
22 east line of Range Eleven (11), East of the Third Principal
23 Meridian of the United States Government survey.
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1 "Metropolitan area" means the metropolitan area of Cook
2 County, as above defined.
3 "Authority" means Chicago Transit Authority created by
4 this Act.
5 "Board" means Chicago Transit Board.
6 "Governor" means Governor of the State of Illinois.
7 "Mayor" means Mayor of the City of Chicago.
8 "Metropolitan area" has the meaning given to the term
9 "metropolitan region" in the Northern Illinois Transit
10 Authority Act.
11 "Motor vehicle" means every vehicle which is
12 self-propelled or which is propelled by electric power
13 obtained from overhead trolley wires but not operated on
14 rails.
15 "Municipal government" means a "municipality" as defined
16 in Section 1 of Article VII of the Illinois Constitution.
17 "Supermajority vote" means a supermajority vote by the
18 Northern Illinois Transit Authority as defined in the Northern
19 Illinois Transit Authority Act.
20 "Unit of local government" has the meaning ascribed to it
21 in Section 1 of Article VII of the Illinois Constitution.
22 (Source: P.A. 98-709, eff. 7-16-14.)
23 (70 ILCS 3605/6) (from Ch. 111 2/3, par. 306)
24 Sec. 6. Subject to the powers and duties of the Northern
25 Illinois Transit Authority created by the Northern Illinois
SB2111 Enrolled - 56 - LRB104 09876 LNS 19944 b
1 Transit Authority Act, the Chicago Transit The Authority shall
2 have power to acquire, construct, own, operate and maintain
3 for public service a transportation system in the metropolitan
4 area of Cook County and outside thereof to the extent herein
5 provided and all the powers necessary or convenient to
6 accomplish the purposes of this Act, including, without
7 limiting the generality of the foregoing, the specific powers
8 enumerated herein.
9 (Source: Laws 1955, p. 1166.)
10 (70 ILCS 3605/7) (from Ch. 111 2/3, par. 307)
11 Sec. 7. General powers.
12 (a) The Board of the Authority shall:
13 (1) oversee the operations and management of the
14 Authority;
15 (2) convey the Northern Illinois Transit Authority's
16 goals, priorities, and requirements to the Authority; and
17 (3) convey information, concerns, and recommendations
18 from the Authority to the Executive Director and Board of
19 the Northern Illinois Transit Authority.
20 (b) The Board shall manage the debt that was issued and
21 outstanding by the Authority and ensure that the obligations
22 owed to bondholders are fulfilled.
23 (c) The Board may not issue new debt, except for:
24 (1) debt or other financial instruments designed to
25 refinance or retire debt that was issued and outstanding
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1 on the effective date of this amendatory Act of the 104th
2 General Assembly;
3 (2) debt or other financial instruments in the
4 amounts, terms and conditions, and other requirements
5 provided for in the Full Funding Grant Agreement in the
6 form in which it was executed on January 10, 2025, and in
7 effect on the date of this amendatory Act of the 104th
8 General Assembly (Project ID No. IL-2025-001-00), commonly
9 known as the Red Line Extension Project, and to refinance
10 or retire debt that was issued pursuant to the Full
11 Funding Grant Agreement in the form in which it was
12 executed on January 10, 2025; and
13 (3) debt or other financial instruments in the
14 amounts, terms and conditions, and other requirements
15 provided for in the Full Funding Grant Agreement in the
16 form in which it was executed on January 9, 2017, and in
17 effect on the date of this amendatory Act of the 104th
18 General Assembly (Project ID No. IL-2017-002-00), commonly
19 known as the Red and Purple Modernization Phase One
20 Project, and to refinance or retire debt that was issued
21 pursuant to the Full Funding Grant Agreement in the form
22 in which it was executed on January 9, 2017.
23 The Authority shall receive revenues sufficient to satisfy
24 the financial obligation of the above instruments under the
25 Northern Illinois Transit Authority Act.
26 All material changes in the amount, terms and conditions,
SB2111 Enrolled - 58 - LRB104 09876 LNS 19944 b
1 or other requirements of the projects covered by the Full
2 Funding Agreements in paragraphs (2) and (3) and occurring
3 after the effective date of this amendatory Act of the 104th
4 General Assembly are subject to the review and approval of the
5 Board of the Northern Illinois Transit Authority. The
6 Authority shall cooperate with the Northern Illinois Transit
7 Authority on the use of alternative issuers of debt or other
8 financial instruments or other efforts by the Northern
9 Illinois Transit Authority to reduce the debt expense of the
10 above-referenced projects, including pursuit of additional
11 funding sources. The authorization provided in paragraphs (2)
12 and (3) of this subsection shall expire on December 31, 2032.
13 (d) In addition to any powers provided in this Act, the
14 Authority shall have all of the powers specified in Section
15 2.20 of the Northern Illinois Transit Authority Act, except
16 that the powers specified in paragraph (v) of subsection (a)
17 of Section 2.20 must be delegated to the Authority by the Board
18 of the Northern Illinois Transit Authority.
19 (e) The Board shall also have the power to:
20 (1) cooperate with the Northern Illinois Transit
21 Authority in the exercise by the Northern Illinois Transit
22 Authority of all the powers granted to the Northern
23 Illinois Transit Authority by the Northern Illinois
24 Transit Authority Act;
25 (2) receive funds from the Northern Illinois Transit
26 Authority under Sections 2.02, 4.01, 4.02, 4.09, and 4.10
SB2111 Enrolled - 59 - LRB104 09876 LNS 19944 b
1 of the Northern Illinois Transit Authority Act, as
2 provided in the Northern Illinois Transit Authority Act;
3 (3) receive financial grants from the Northern
4 Illinois Transit Authority;
5 (4) adopt ordinances and rules to regulate the use,
6 operation, and maintenance of its property and facilities;
7 and
8 (5) carry into effect the powers granted to the
9 Authority, with any necessary fines or penalties, such as
10 the suspension of riding privileges or confiscation of
11 fare media under Section 2.40 of the Northern Illinois
12 Transit Authority Act, as the Board deems proper.
13 (f) The Authority shall use powers delegated to it by the
14 Northern Illinois Transit Authority to oversee the delivery of
15 public transportation in the metropolitan region, provided
16 that the Northern Illinois Transit Authority shall retain
17 primary responsibility for setting fares, service standards,
18 schedules, and coordinated fare collection so that the public
19 transportation system in the metropolitan region operates on a
20 one-network, one-timetable, one-ticket model for transit
21 users. The Authority shall have power to acquire by purchase,
22 condemnation, lease, gift or otherwise all or any part of the
23 plant, equipment, property, rights in property, reserve funds,
24 employees' pension or retirement funds, special funds,
25 franchises, licenses, patents, permits and papers, documents
26 and records belonging to any public utility operating a
SB2111 Enrolled - 60 - LRB104 09876 LNS 19944 b
1 transportation system within the metropolitan area of Cook
2 County, together with all or any part of the right of way,
3 equipment, fixed facilities and other property of any kind of
4 any such utility extending beyond the boundaries of the
5 metropolitan area of Cook County and forming part of an
6 integrated suburban rapid transit, rail transportation
7 facility or motor bus operation connecting with rapid transit
8 or electric railway lines in super highways of the Authority
9 or leading to the unification and integration of a unified
10 rapid transit, rail, and motor bus operation in and about the
11 metropolitan area of Cook County. Such properties upon
12 acquisition by or lease to the Authority shall become and be
13 operated as part of the transportation system of the Authority
14 and the Authority shall have all powers in connection with
15 such properties and such operations as are conferred by this
16 Act with respect to the transportation system of the Authority
17 located within the metropolitan area of Cook County. The
18 Authority shall also have the power to enter into agreements
19 to operate any such lines extending beyond the boundaries of
20 the metropolitan area; such agreements to be subject to all
21 other provisions of this Act. The Authority shall have power
22 to contract for or lease for operation and maintenance by the
23 Authority, any municipally owned local transportation subways
24 or other municipally owned local transportation facilities or
25 the facilities of any common carrier or the facilities of any
26 local Mass Transit District, organized under the "Local Mass
SB2111 Enrolled - 61 - LRB104 09876 LNS 19944 b
1 Transit Act", approved July 21, 1959, as heretofore and
2 hereafter amended, whether such subways or facilities are
3 within or without the metropolitan area of Cook County. The
4 Authority shall have the power to contract with any local Mass
5 Transit District, organized under the "Local Mass Transit
6 Act", approved July 21, 1959, as heretofore and hereafter
7 amended, or with any common carrier for the construction and
8 operation of a transportation system, whether such
9 transportation system is within or without the metropolitan
10 area of Cook County. However, the Authority shall not have
11 power to operate a motor bus facility, the major part of which
12 is used for local transportation of passengers in any city,
13 village or incorporated town, unless and until the Authority
14 shall have secured the right to operate motor buses in such
15 municipality for local transportation of passengers in the
16 manner stated in Section 11 of this Act.
17 (Source: P.A. 76-1548.)
18 (70 ILCS 3605/9a) (from Ch. 111 2/3, par. 309a)
19 Sec. 9a. In addition to all its other powers, the
20 Authority shall, in all its dealings with the Northern
21 Illinois Transit Regional Transportation Authority established
22 by the Northern Illinois Transit "Regional Transportation
23 Authority Act", enacted by the 78th General Assembly, have the
24 following powers:
25 (a) (blank); to cooperate with the Regional Transportation
SB2111 Enrolled - 62 - LRB104 09876 LNS 19944 b
1 Authority in the exercise by the Regional Transportation
2 Authority of all the powers granted it by such Act;
3 (b) (blank); to receive funds from the Regional
4 Transportation Authority pursuant to Sections 2.02, 4.01,
5 4.02, 4.09 and 4.10 of the "Regional Transportation Authority
6 Act", all as provided in the "Regional Transportation
7 Authority Act";
8 (c) to receive financial grants from the Northern Illinois
9 Transit Regional Transportation Authority or a Service Board,
10 as defined in the Northern Illinois Transit " Regional
11 Transportation Authority Act", upon such terms and conditions
12 as shall be set forth in a grant contract between either the
13 Authority and the Northern Illinois Transit Regional
14 Transportation Authority or the Authority and another Service
15 Board, which contract or agreement may be for such number of
16 years or duration as the parties may agree, all as provided in
17 the Northern Illinois Transit "Regional Transportation
18 Authority Act";
19 (d) to acquire from the Northern Illinois Transit Regional
20 Transportation Authority any Public Transportation Facility,
21 as defined in the Northern Illinois Transit "Regional
22 Transportation Authority Act", by purchase contract, gift,
23 grant, exchange for other property or rights in property,
24 lease (or sublease) or installment or conditional purchase
25 contracts, which contracts or leases may provide for
26 consideration to be paid in annual installments during a
SB2111 Enrolled - 63 - LRB104 09876 LNS 19944 b
1 period not exceeding 40 years; such property may be acquired
2 subject to such conditions, restrictions, liens or security or
3 other interests of other parties as the Authority may deem
4 appropriate and in each case the Authority may acquire or
5 dispose of a joint, leasehold, easement, license or other
6 partial interest in such property;
7 (e) to sell, sell by installment contract, lease (or
8 sublease) as lessor, or transfer to, or grant to or provide for
9 the use by the Northern Illinois Transit Regional
10 Transportation Authority any Public Transportation Facility,
11 as defined in the Northern Illinois Transit " Regional
12 Transportation Authority Act", upon such terms and for such
13 consideration, or for no consideration, as the Authority may
14 deem proper;
15 (f) to cooperate with the Northern Illinois Transit
16 Regional Transportation Authority for the protection of
17 employees of the Authority and users of public transportation
18 facilities against crime and unsafe conditions and also to
19 protect such facilities; such cooperation may include, without
20 limitation, agreements for the coordination or merger of
21 police or security forces;
22 (g) to file such budgets, financial plans and reports with
23 and transfer such records, papers, or documents to the
24 Northern Illinois Transit Regional Transportation Authority as
25 may be agreed upon with, or required by the Northern Illinois
26 Transit Regional Transportation Authority, all as provided in
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1 the Northern Illinois Transit "Regional Transportation
2 Authority Act".
3 (Source: P.A. 90-273, eff. 7-30-97.)
4 (70 ILCS 3605/9b) (from Ch. 111 2/3, par. 309b)
5 Sec. 9b. The Authority shall comply with the requirements
6 imposed upon a Service Board in Sections 4.09(d) and 4.11 of
7 the Northern Illinois Transit Regional Transportation
8 Authority Act and with the requirements of Section 2.11 of the
9 Northern Illinois Transit Regional Transportation Authority
10 Act. The Authority shall present evidence that it has complied
11 with Section 27a of this Act to the Regional Transportation
12 Authority.
13 (Source: P.A. 102-559, eff. 8-20-21.)
14 (70 ILCS 3605/12a) (from Ch. 111 2/3, par. 312a)
15 Sec. 12a. (a) In addition to other powers provided in
16 Section 12b, the Authority may issue its notes from time to
17 time, in anticipation of tax receipts of the Northern Illinois
18 Transit Regional Transportation Authority allocated to the
19 Authority or of other revenues or receipts of the Authority,
20 in order to provide money for the Authority to cover any cash
21 flow deficit which the Authority anticipates incurring.
22 Provided, however, that no such notes may be issued unless the
23 annual cost thereof is incorporated in a budget or revised
24 budget of the Authority which has been approved by the
SB2111 Enrolled - 65 - LRB104 09876 LNS 19944 b
1 Northern Illinois Transit Regional Transportation Authority.
2 Any such notes are referred to as "Working Cash Notes".
3 Provided further that, the board shall not issue and have
4 outstanding or demand and direct that the Board of the
5 Northern Illinois Transit Regional Transportation Authority
6 issue and have outstanding more than an aggregate of
7 $40,000,000 in Working Cash Notes. No Working Cash Notes shall
8 be issued for a term of longer than 18 months. Proceeds of
9 Working Cash Notes may be used to pay day to day operating
10 expenses of the Authority, consisting of wages, salaries and
11 fringe benefits, professional and technical services
12 (including legal, audit, engineering and other consulting
13 services), office rental, furniture, fixtures and equipment,
14 insurance premiums, claims for self-insured amounts under
15 insurance policies, public utility obligations for telephone,
16 light, heat and similar items, travel expenses, office
17 supplies, postage, dues, subscriptions, public hearings and
18 information expenses, fuel purchases, and payments of grants
19 and payments under purchase of service agreements for
20 operations of Transportation Agencies transportation agencies,
21 prior to the receipt by the Authority from time to time of
22 funds for paying such expenses. Proceeds of the Working Cash
23 Notes shall not be used (i) to increase or provide a debt
24 service reserve fund for any bonds or notes other than Working
25 Cash Notes of the same Series, or (ii) to pay principal of or
26 interest or redemption premium on any capital bonds or notes,
SB2111 Enrolled - 66 - LRB104 09876 LNS 19944 b
1 whether as such amounts become due or by earlier redemption,
2 issued by the Authority or a transportation agency to
3 construct or acquire public transportation facilities, or to
4 provide funds to purchase such capital bonds or notes.
5 (b) The ordinance providing for the issuance of any such
6 notes shall fix the date or dates of maturity, the dates on
7 which interest is payable, any sinking fund account or reserve
8 fund account provisions and all other details of such notes
9 and may provide for such covenants or agreements necessary or
10 desirable with regard to the issue, sale and security of such
11 notes. The Authority shall determine and fix the rate or rates
12 of interest of its notes issued under this Act in an ordinance
13 adopted by the Board prior to the issuance thereof, none of
14 which rates of interest shall exceed that permitted in the
15 Bond Authorization Act. Interest may be payable annually or
16 semi-annually, or at such other times as determined by the
17 Board. Notes issued under this Section may be issued as serial
18 or term obligations, shall be of such denomination or
19 denominations and form, including interest coupons to be
20 attached thereto, be executed in such manner, shall be payable
21 at such place or places and bear such date as the Board shall
22 fix by the ordinance authorizing such note and shall mature at
23 such time or times, within a period not to exceed 18 months
24 from the date of issue, and may be redeemable prior to maturity
25 with or without premium, at the option of the Board, upon such
26 terms and conditions as the Board shall fix by the ordinance
SB2111 Enrolled - 67 - LRB104 09876 LNS 19944 b
1 authorizing the issuance of such notes. The Board may provide
2 for the registration of notes in the name of the owner as to
3 the principal alone or as to both principal and interest, upon
4 such terms and conditions as the Board may determine. The
5 ordinance authorizing notes may provide for the exchange of
6 such notes which are fully registered, as to both principal
7 and interest, with notes which are registerable as to
8 principal only. All notes issued under this Section by the
9 Board shall be sold at a price which may be at a premium or
10 discount but such that the interest cost (excluding any
11 redemption premium) to the Board of the proceeds of an issue of
12 such notes, computed to stated maturity according to standard
13 tables of bond values, shall not exceed that permitted in the
14 Bond Authorization Act. Such notes shall be sold at such time
15 or times as the Board shall determine. The notes may be sold
16 either upon competitive bidding or by negotiated sale (without
17 any requirement of publication of intention to negotiate the
18 sale of such notes), as the Board shall determine by ordinance
19 adopted with the affirmative votes of at least 4 Directors. In
20 case any officer whose signature appears on any notes or
21 coupons authorized pursuant to this Section shall cease to be
22 such officer before delivery of such notes, such signature
23 shall nevertheless be valid and sufficient for all purposes,
24 the same as if such officer had remained in office until such
25 delivery. Neither the Directors of the Northern Illinois
26 Transit Regional Transportation Authority, the Directors of
SB2111 Enrolled - 68 - LRB104 09876 LNS 19944 b
1 the Authority nor any person executing any bonds or notes
2 thereof shall be liable personally on any such bonds or notes
3 or coupons by reason of the issuance thereof.
4 (c) All notes of the Authority issued pursuant to this
5 Section shall be general obligations of the Authority to which
6 shall be pledged the full faith and credit of the Authority, as
7 provided in this Section. Such notes shall be secured as
8 provided in the authorizing ordinance, which may,
9 notwithstanding any other provision of this Act, include in
10 addition to any other security, a specific pledge or
11 assignment of and lien on or security interest in any or all
12 tax receipts of the Northern Illinois Transit Regional
13 Transportation Authority allocated to the Authority and on any
14 or all other revenues or moneys of the Authority from whatever
15 source which may by law be utilized for debt service purposes
16 and a specific pledge or assignment of and lien on or security
17 interest in any funds or accounts established or provided for
18 by the ordinance of the Board authorizing the issuance of such
19 notes. Any such pledge, assignment, lien or security interest
20 for the benefit of holders of notes of the Authority shall be
21 valid and binding from the time the notes are issued without
22 any physical delivery or further act, and shall be valid and
23 binding as against and prior to the claims of all other parties
24 having claims of any kind against the Authority or any other
25 person irrespective of whether such other parties have notice
26 of such pledge, assignment, lien or security interest. The
SB2111 Enrolled - 69 - LRB104 09876 LNS 19944 b
1 obligations of the Authority incurred pursuant to this Section
2 shall be superior to and have priority over any other
3 obligations of the Authority except for obligations under
4 Section 12. The Board may provide in the ordinance authorizing
5 the issuance of any notes issued pursuant to this Section for
6 the creation of, deposits in, and regulation and disposition
7 of sinking fund or reserve accounts relating to such notes.
8 The ordinance authorizing the issuance of any notes pursuant
9 to this Section may contain provisions as part of the contract
10 with the holders of the notes, for the creation of a separate
11 fund to provide for the payment of principal and interest on
12 such notes and for the deposit in such fund from any or all the
13 tax receipts of the Northern Illinois Transit Regional
14 Transportation Authority allocated to the Authority and from
15 any or all such other moneys or revenues of the Authority from
16 whatever source which may by law be utilized for debt service
17 purposes, all as provided in such ordinance, of amounts to
18 meet the debt service requirements on such notes, including
19 principal and interest, and any sinking fund or reserve fund
20 account requirements as may be provided by such ordinance, and
21 all expenses incident to or in connection with such fund and
22 accounts or the payment of such notes. Such ordinance may also
23 provide limitations on the issuance of additional notes of the
24 Authority. No such notes of the Authority shall constitute a
25 debt of the State of Illinois.
26 (d) The ordinance of the Board authorizing the issuance of
SB2111 Enrolled - 70 - LRB104 09876 LNS 19944 b
1 any notes may provide additional security for such notes by
2 providing for appointment of a corporate trustee (which may be
3 any trust company or bank having the powers of a trust company
4 within the State) with respect to such notes. The ordinance
5 shall prescribe the rights, duties and powers of the trustee
6 to be exercised for the benefit of the Authority and the
7 protection of the holders of such notes. The ordinance may
8 provide for the trustee to hold in trust, invest and use
9 amounts in funds and accounts created as provided by the
10 ordinance with respect to the notes. The ordinance shall
11 provide that amounts so paid to the trustee which are not
12 required to be deposited, held or invested in funds and
13 accounts created by the ordinance with respect to notes or
14 used for paying notes to be paid by the trustee to the
15 Authority.
16 (e) Any notes of the Authority issued pursuant to this
17 Section shall constitute a contract between the Authority and
18 the holders from time to time of such notes. In issuing any
19 note, the Board may include in the ordinance authorizing such
20 issue a covenant as part of the contract with the holders of
21 the notes, that as long as such obligations are outstanding,
22 it shall make such deposits, as provided in paragraph (c) of
23 this Section. A certified copy of the ordinance authorizing
24 the issuance of any such obligations shall be filed at or prior
25 to the issuance of such obligations with the Northern Illinois
26 Transit Regional Transportation Authority, Comptroller of the
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1 State of Illinois and the Illinois Department of Revenue.
2 (f) The State of Illinois pledges to and agrees with the
3 holders of the notes of the Authority issued pursuant to this
4 Section that the State will not limit or alter the rights and
5 powers vested in the Authority by this Act or in the Northern
6 Illinois Transit Regional Transportation Authority by the
7 Northern Illinois Transit Regional Transportation Authority
8 Act so as to impair the terms of any contract made by the
9 Authority with such holders or in any way impair the rights and
10 remedies of such holders until such notes, together with
11 interest thereon, with interest on any unpaid installments of
12 interest, and all costs and expenses in connection with any
13 action or proceedings by or on behalf of such holders, are
14 fully met and discharged. In addition, the State pledges to
15 and agrees with the holders of the notes of the Authority
16 issued pursuant to this Section that the State will not limit
17 or alter the basis on which State funds are to be paid to the
18 Authority as provided in the Northern Illinois Transit
19 Regional Transportation Authority Act, or the use of such
20 funds, so as to impair the terms of any such contract. The
21 Board is authorized to include these pledges and agreements of
22 the State in any contract with the holders of bonds or notes
23 issued pursuant to this Section.
24 (g) The Board shall not at any time issue, sell or deliver
25 any Interim Financing Notes pursuant to this Section which
26 will cause it to have issued and outstanding at any time in
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1 excess of $40,000,000 of Working Cash Notes. Notes which are
2 being paid or retired by such issuance, sale or delivery of
3 notes, and notes for which sufficient funds have been
4 deposited with the paying agency of such notes to provide for
5 payment of principal and interest thereon or to provide for
6 the redemption thereof, all pursuant to the ordinance
7 authorizing the issuance of such notes, shall not be
8 considered to be outstanding for the purposes of this
9 paragraph.
10 (h) The Board, subject to the terms of any agreements with
11 noteholders as may then exist, shall have power, out of any
12 funds available therefor, to purchase notes of the Authority
13 which shall thereupon be cancelled.
14 (i) In addition to any other authority granted by law, the
15 State Treasurer may, with the approval of the Governor, invest
16 or reinvest, at a price not to exceed par, any State money in
17 the State treasury that Treasury which is not needed for
18 current expenditures due or about to become due in Interim
19 Financing Notes. In the event of a default on an interim
20 financing note issued by the Chicago Transit Authority in
21 which State money in the State treasury was invested, the
22 Treasurer may, after giving notice to the Authority, certify
23 to the Comptroller the amounts of the defaulted interim
24 financing note, in accordance with any applicable rules of the
25 Comptroller, and the Comptroller must deduct and remit to the
26 State treasury the certified amounts or a portion of those
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1 amounts from the following proportions of payments of State
2 funds to the Authority:
3 (1) in the first year after default, one-third of the
4 total amount of any payments of State funds to the
5 Authority;
6 (2) in the second year after default, two-thirds of
7 the total amount of any payments of State funds to the
8 Authority; and
9 (3) in the third year after default and for each year
10 thereafter until the total invested amount is repaid, the
11 total amount of any payments of State funds to the
12 Authority.
13 (Source: P.A. 100-201, eff. 8-18-17; 101-485, eff. 8-23-19.)
14 (70 ILCS 3605/12b) (from Ch. 111 2/3, par. 312b)
15 Sec. 12b. Working Cash Borrowing. In addition to the
16 powers provided in Section 12a, the Board with the affirmative
17 vote of 5 of its Directors may request demand and direct the
18 Board of the Northern Illinois Transit Regional Transportation
19 Authority to issue Working Cash Notes at such time and in such
20 amounts and having such maturities as the Authority deems
21 proper, provided however any such borrowing shall have been
22 specifically identified in the budget of the Authority as
23 approved by the Board of the Northern Illinois Transit
24 Regional Transportation Authority. Provided further, that the
25 Board may not issue and have outstanding or demand and direct
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1 the Board of the Northern Illinois Transit Regional
2 Transportation Authority to issue and have outstanding more
3 than an aggregate of $40,000,000 in Working Cash Notes.
4 (Source: P.A. 83-885; 83-886.)
5 (70 ILCS 3605/12c)
6 Sec. 12c. Retiree Benefits Bonds and Notes.
7 (a) In addition to all other bonds or notes that it is
8 authorized to issue, the Authority is authorized to issue its
9 bonds or notes for the purposes of providing funds for the
10 Authority to make the deposits described in Section 12c(b)(1)
11 and (2), for refunding any bonds authorized to be issued under
12 this Section, as well as for the purposes of paying costs of
13 issuance, obtaining bond insurance or other credit enhancement
14 or liquidity facilities, paying costs of obtaining related
15 swaps as authorized in the Bond Authorization Act ("Swaps"),
16 providing a debt service reserve fund, paying Debt Service (as
17 defined in paragraph (i) of this Section 12c), and paying all
18 other costs related to any such bonds or notes.
19 (b)(1) After its receipt of a certified copy of a report of
20 the Auditor General of the State of Illinois meeting the
21 requirements of Section 3-2.3 of the Illinois State Auditing
22 Act, the Authority may issue $1,348,550,000 aggregate original
23 principal amount of bonds and notes. After payment of the
24 costs of issuance and necessary deposits to funds and accounts
25 established with respect to debt service, the net proceeds of
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1 such bonds or notes shall be deposited only in the Retirement
2 Plan for Chicago Transit Authority Employees and used only for
3 the purposes required by Section 22-101 of the Illinois
4 Pension Code. Provided that no less than $1,110,500,000 has
5 been deposited in the Retirement Plan, remaining proceeds of
6 bonds issued under this subparagraph (b)(1) may be used to pay
7 costs of issuance and make necessary deposits to funds and
8 accounts with respect to debt service for bonds and notes
9 issued under this subparagraph or subparagraph (b)(2).
10 (2) After its receipt of a certified copy of a report of
11 the Auditor General of the State of Illinois meeting the
12 requirements of Section 3-2.3 of the Illinois State Auditing
13 Act, the Authority may issue $639,680,000 aggregate original
14 principal amount of bonds and notes. After payment of the
15 costs of issuance and necessary deposits to funds and accounts
16 established with respect to debt service, the net proceeds of
17 such bonds or notes shall be deposited only in the Retiree
18 Health Care Trust and used only for the purposes required by
19 Section 22-101B of the Illinois Pension Code. Provided that no
20 less than $528,800,000 has been deposited in the Retiree
21 Health Care Trust, remaining proceeds of bonds issued under
22 this subparagraph (b)(2) may be used to pay costs of issuance
23 and make necessary deposits to funds and accounts with respect
24 to debt service for bonds and notes issued under this
25 subparagraph or subparagraph (b)(1).
26 (3) In addition, refunding bonds are authorized to be
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1 issued for the purpose of refunding outstanding bonds or notes
2 issued under this Section 12c.
3 (4) The bonds or notes issued under 12c(b)(1) shall be
4 issued as soon as practicable after the Auditor General issues
5 the report provided in Section 3-2.3(b) of the Illinois State
6 Auditing Act. The bonds or notes issued under 12c(b)(2) shall
7 be issued as soon as practicable after the Auditor General
8 issues the report provided in Section 3-2.3(c) of the Illinois
9 State Auditing Act.
10 (5) With respect to bonds and notes issued under
11 subparagraph (b), scheduled aggregate annual payments of
12 interest or deposits into funds and accounts established for
13 the purpose of such payment shall commence within one year
14 after the bonds and notes are issued. With respect to
15 principal and interest, scheduled aggregate annual payments of
16 principal and interest or deposits into funds and accounts
17 established for the purpose of such payment shall be not less
18 than 70% in 2009, 80% in 2010, and 90% in 2011, respectively,
19 of scheduled payments or deposits of principal and interest in
20 2012 and shall be substantially equal beginning in 2012 and
21 each year thereafter. For purposes of this subparagraph (b),
22 "substantially equal" means that debt service in any full year
23 after calendar year 2011 is not more than 115% of debt service
24 in any other full year after calendar year 2011 during the term
25 of the bonds or notes. For the purposes of this subsection (b),
26 with respect to bonds and notes that bear interest at a
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1 variable rate, interest shall be assumed at a rate equal to the
2 rate for United States Treasury Securities - State and Local
3 Government Series for the same maturity, plus 75 basis points.
4 If the Authority enters into a Swap with a counterparty
5 requiring the Authority to pay a fixed interest rate on a
6 notional amount, and the Authority has made a determination
7 that such Swap was entered into for the purpose of providing
8 substitute interest payments for variable interest rate bonds
9 or notes of a particular maturity or maturities in a principal
10 amount equal to the notional amount of the Swap, then during
11 the term of the Swap for purposes of any calculation of
12 interest payable on such bonds or notes, the interest rate on
13 the bonds or notes of such maturity or maturities shall be
14 determined as if such bonds or notes bore interest at the fixed
15 interest rate payable by the Authority under such Swap.
16 (6) No bond or note issued under this Section 12c shall
17 mature later than December 31, 2040.
18 (c) The Chicago Transit Board shall provide for the
19 issuance of bonds or notes as authorized in this Section 12c by
20 the adoption of an ordinance. The ordinance, together with the
21 bonds or notes, shall constitute a contract among the
22 Authority, the owners from time to time of the bonds or notes,
23 any bond trustee with respect to the bonds or notes, any
24 related credit enhancer and any provider of any related Swaps.
25 (d) The Authority is authorized to cause the proceeds of
26 the bonds or notes, and any interest or investment earnings on
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1 the bonds or notes, and of any Swaps, to be invested until the
2 proceeds and any interest or investment earnings have been
3 deposited with the Retirement Plan or the Retiree Health Care
4 Trust.
5 (e) Bonds or notes issued pursuant to this Section 12c may
6 be general obligations of the Authority, to which shall be
7 pledged the full faith and credit of the Authority, or may be
8 obligations payable solely from particular sources of funds
9 all as may be provided in the authorizing ordinance. The
10 authorizing ordinance for the bonds and notes, whether or not
11 general obligations of the Authority, may provide for the Debt
12 Service (as defined in paragraph (i) of this Section 12c) to
13 have a claim for payment from particular sources of funds,
14 including, without limitation, amounts to be paid to the
15 Authority or a bond trustee. The authorizing ordinance may
16 provide for the means by which the bonds or notes (and any
17 related Swaps) may be secured, which may include, a pledge of
18 any revenues or funds of the Authority from whatever source
19 which may by law be utilized for paying Debt Service. In
20 addition to any other security, upon the written approval of
21 the Northern Illinois Transit Regional Transportation
22 Authority by a supermajority the affirmative vote of 12 of its
23 then Directors, the ordinance may provide a specific pledge or
24 assignment of and lien on or security interest in amounts to be
25 paid to the Authority by the Northern Illinois Transit
26 Regional Transportation Authority and direct payment thereof
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1 to the bond trustee for payment of Debt Service with respect to
2 the bonds or notes, subject to the provisions of existing
3 lease agreements of the Authority with any public building
4 commission. The authorizing ordinance may also provide a
5 specific pledge or assignment of and lien on or security
6 interest in and direct payment to the trustee of all or a
7 portion of the moneys otherwise payable to the Authority from
8 the City of Chicago pursuant to an intergovernmental agreement
9 with the Authority to provide financial assistance to the
10 Authority. Any such pledge, assignment, lien or security
11 interest for the benefit of owners of bonds or notes shall be
12 valid and binding from the time the bonds or notes are issued,
13 without any physical delivery or further act, and shall be
14 valid and binding as against and prior to the claims of all
15 other parties having claims of any kind against the Authority
16 or any other person, irrespective of whether such other
17 parties have notice of such pledge, assignment, lien or
18 security interest, all as provided in the Local Government
19 Debt Reform Act, as it may be amended from time to time. The
20 bonds or notes of the Authority issued pursuant to this
21 Section 12c shall have such priority of payment and as to their
22 claim for payment from particular sources of funds, including
23 their priority with respect to obligations of the Authority
24 issued under other Sections of this Act, all as shall be
25 provided in the ordinances authorizing the issuance of the
26 bonds or notes. The ordinance authorizing the issuance of any
SB2111 Enrolled - 80 - LRB104 09876 LNS 19944 b
1 bonds or notes under this Section may provide for the creation
2 of, deposits in, and regulation and disposition of sinking
3 fund or reserve accounts relating to those bonds or notes and
4 related agreements. The ordinance authorizing the issuance of
5 any such bonds or notes authorized under this Section 12c may
6 contain provisions for the creation of a separate fund to
7 provide for the payment of principal of and interest on those
8 bonds or notes and related agreements. The ordinance may also
9 provide limitations on the issuance of additional bonds or
10 notes of the Authority.
11 (f) Bonds or notes issued under this Section 12c shall not
12 constitute an indebtedness of the Northern Illinois Transit
13 Regional Transportation Authority, the State of Illinois, or
14 of any other political subdivision of or municipality within
15 the State, except the Authority.
16 (g) The ordinance of the Chicago Transit Board authorizing
17 the issuance of bonds or notes pursuant to this Section 12c may
18 provide for the appointment of a corporate trustee (which may
19 be any trust company or bank having the powers of a trust
20 company within Illinois) with respect to bonds or notes issued
21 pursuant to this Section 12c. The ordinance shall prescribe
22 the rights, duties, and powers of the trustee to be exercised
23 for the benefit of the Authority and the protection of the
24 owners of bonds or notes issued pursuant to this Section 12c.
25 The ordinance may provide for the trustee to hold in trust,
26 invest and use amounts in funds and accounts created as
SB2111 Enrolled - 81 - LRB104 09876 LNS 19944 b
1 provided by the ordinance with respect to the bonds or notes in
2 accordance with this Section 12c. The Authority may apply, as
3 it shall determine, any amounts received upon the sale of the
4 bonds or notes to pay any Debt Service on the bonds or notes.
5 The ordinance may provide for a trust indenture to set forth
6 terms of, sources of payment for and security for the bonds and
7 notes.
8 (h) The State of Illinois pledges to and agrees with the
9 owners of the bonds or notes issued pursuant to Section 12c
10 that the State of Illinois will not limit the powers vested in
11 the Authority by this Act to pledge and assign its revenues and
12 funds as security for the payment of the bonds or notes, or
13 vested in the Northern Illinois Transit Regional
14 Transportation Authority by the Northern Illinois Transit
15 Regional Transportation Authority Act or this Act, so as to
16 materially impair the payment obligations of the Authority
17 under the terms of any contract made by the Authority with
18 those owners or to materially impair the rights and remedies
19 of those owners until those bonds or notes, together with
20 interest and any redemption premium, and all costs and
21 expenses in connection with any action or proceedings by or on
22 behalf of such owners are fully met and discharged. The
23 Authority is authorized to include these pledges and
24 agreements of the State of Illinois in any contract with
25 owners of bonds or notes issued pursuant to this Section 12c.
26 (i) For purposes of this Section, "Debt Service" with
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1 respect to bonds or notes includes, without limitation,
2 principal (at maturity or upon mandatory redemption),
3 redemption premium, interest, periodic, upfront, and
4 termination payments on Swaps, fees for bond insurance or
5 other credit enhancement, liquidity facilities, the funding of
6 bond or note reserves, bond trustee fees, and all other costs
7 of providing for the security or payment of the bonds or notes.
8 (j) The Authority shall adopt a procurement program with
9 respect to contracts relating to the following service
10 providers in connection with the issuance of debt for the
11 benefit of the Retirement Plan for Chicago Transit Authority
12 Employees: underwriters, bond counsel, financial advisors, and
13 accountants. The program shall include goals for the payment
14 of not less than 30% of the total dollar value of the fees from
15 these contracts to minority-owned businesses and women-owned
16 businesses as defined in the Business Enterprise for
17 Minorities, Women, and Persons with Disabilities Act. The
18 Authority shall conduct outreach to minority-owned businesses
19 and women-owned businesses. Outreach shall include, but is not
20 limited to, advertisements in periodicals and newspapers,
21 mailings, and other appropriate media. The Authority shall
22 submit to the General Assembly a comprehensive report that
23 shall include, at a minimum, the details of the procurement
24 plan, outreach efforts, and the results of the efforts to
25 achieve goals for the payment of fees. The service providers
26 selected by the Authority pursuant to such program shall not
SB2111 Enrolled - 83 - LRB104 09876 LNS 19944 b
1 be subject to approval by the Northern Illinois Transit
2 Regional Transportation Authority, and the Northern Illinois
3 Transit Regional Transportation Authority's approval pursuant
4 to subsection (e) of this Section 12c related to the issuance
5 of debt shall not be based in any way on the service providers
6 selected by the Authority pursuant to this Section.
7 (k) No person holding an elective office in this State,
8 holding a seat in the General Assembly, serving as a director,
9 trustee, officer, or employee of the Northern Illinois Transit
10 Regional Transportation Authority or the Chicago Transit
11 Authority, including the spouse or minor child of that person,
12 may receive a legal, banking, consulting, or other fee related
13 to the issuance of any bond issued by the Chicago Transit
14 Authority pursuant to this Section.
15 (Source: P.A. 100-391, eff. 8-25-17.)
16 (70 ILCS 3605/15) (from Ch. 111 2/3, par. 315)
17 Sec. 15. To the extent permitted by the Northern Illinois
18 Transit Authority Act, the The Authority shall have power to
19 apply for and accept grants and loans from the Federal
20 Government or any agency or instrumentality thereof, from the
21 State, or from any county, municipal corporation or other
22 political subdivision of the State to be used for any of the
23 purposes of the Authority, including, but not by way of
24 limitation, grants and loans in aid of mass transportation and
25 for studies in mass transportation, and may provide matching
SB2111 Enrolled - 84 - LRB104 09876 LNS 19944 b
1 funds when necessary to qualify for such grants or loans. The
2 Authority may enter into any agreement with the Federal
3 Government, the State, and any county, municipal corporation
4 or other political subdivision of the State in relation to
5 such grants or loans; provided that such agreement does not
6 conflict with any of the provisions of any trust agreement
7 securing the payment of bonds or certificates of the
8 Authority.
9 The Authority may also accept from the State state, or
10 from any county or other political subdivision, or from any
11 municipal corporation, or school district, or school
12 authorities, grants or other funds authorized by law to be
13 paid to the Authority for any of the purposes of this Act.
14 (Source: P.A. 95-708, eff. 1-18-08.)
15 (70 ILCS 3605/19) (from Ch. 111 2/3, par. 319)
16 Sec. 19. (a) This Section is repealed on September 1,
17 2026.
18 (b) The governing and administrative body of the Authority
19 shall be a board consisting of seven members, to be known as
20 Chicago Transit Board. Members of the Board shall be residents
21 of the metropolitan area and persons of recognized business
22 ability. No member of the Board of the Authority shall hold any
23 other office or employment under the Federal, State or any
24 County or any municipal government, or any other unit of local
25 government, except an honorary office without compensation or
SB2111 Enrolled - 85 - LRB104 09876 LNS 19944 b
1 an office in the National Guard. No employee of the Authority
2 shall hold any other office or employment under the Federal,
3 State or any County or any municipal government, or any other
4 unit of local government, except an office with compensation
5 not exceeding $15,000 annually or a position in the National
6 Guard or the United States military reserves. Provided,
7 however, that the Chairman may be a member of the Board of the
8 Northern Illinois Transit Regional Transportation Authority.
9 No member of the Board or employee of the Authority shall have
10 any private financial interest, profit or benefit in any
11 contract, work or business of the Authority nor in the sale or
12 lease of any property to or from the Authority. The salary of
13 each member of the initial Board shall be $15,000.00 per
14 annum, and such salary shall not be increased or diminished
15 during his or her term of office. The salaries of successor
16 members of the Board shall be fixed by the Board and shall not
17 be increased or diminished during their respective terms of
18 office. No Board member shall be allowed any fees, perquisites
19 or emoluments, reward or compensation for his or her services
20 as a member or officer of the Authority aside from his or her
21 salary or pension, but he or she shall be reimbursed for actual
22 expenses incurred by him or her in the performance of his or
23 her duties.
24 (Source: P.A. 98-709, eff. 7-16-14.)
25 (70 ILCS 3605/19.5 new)
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1 Sec. 19.5. Chicago Transit Board.
2 (a) The governing body of the Chicago Transit Authority
3 shall be the Chicago Transit Board. Beginning September 1,
4 2026, the Board shall consist of 7 members appointed as
5 follows:
6 (1) Two members appointed by the Governor, with the
7 advice and consent of the Senate, including:
8 (A) a member with an initial term of 5 years who
9 shall serve as a member of the Northern Illinois
10 Transit Authority; and
11 (B) a member with an initial term of 3 years.
12 (2) Three members appointed by the Mayor of Chicago,
13 with the advice and consent of the City Council of the City
14 of Chicago, including:
15 (A) a member with an initial term of 3 years who
16 shall serve as a member of the Northern Illinois
17 Transit Authority;
18 (B) a member with an initial term of 5 years; and
19 (C) a member with an initial term of 3 years.
20 (3) Two members appointed by the President of the Cook
21 County Board of Commissioners, with the advice and consent
22 of the Cook County Board of Commissioners, including:
23 (A) a member with an initial term of 3 years who
24 shall serve as a member of the Northern Illinois
25 Transit Authority; and
26 (B) a member with an initial term of 5 years.
SB2111 Enrolled - 87 - LRB104 09876 LNS 19944 b
1 (b) The subsequent terms of each director appointed under
2 subsection (a) shall be 5 years.
3 (c) The Chair of the Board shall be elected by a majority
4 vote by the members of the Board from among the members of the
5 Board. Until September 1, 2030, the Chair of the Board must be
6 approved by the Senate. Until September 1, 2030, if the
7 members of the Board elect a Chair of the Board, then the
8 elected Chair of the Board may serve as a the acting Chair of
9 the Board until confirmation. Until September 1, 2030, if the
10 Senate votes against confirming the acting Chair of the Board,
11 then the acting Chair of the Board must resign and the members
12 of the Board must elect a new Chair of the Board.
13 (d) Initial appointments of members under subsection (a)
14 must be made in time for the members to begin their terms on
15 September 1, 2026.
16 (e) On September 1, 2026, the terms of all members serving
17 on the effective date of this amendatory Act of the 104th
18 General Assembly, and of any members appointed to fill a
19 vacancy, shall immediately expire. If a vacancy on the Board
20 occurs before September 1, 2026, then the vacancy shall be
21 filled under Section 21. Members serving on the effective date
22 of this amendatory Act of the 104th General Assembly may be
23 reappointed under subsection (a).
24 (f) The members of the Board shall receive an annual
25 salary of $15,000, except that members of the Board who are
26 also members of the Board of the Northern Illinois Transit
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1 Authority shall receive $5,000 per year in addition to the
2 compensation the members receive for serving on the Board of
3 the Northern Illinois Transit Authority.
4 (g) Directors shall have diverse and substantial relevant
5 experience and expertise for overseeing the planning,
6 operation, and funding of a regional transportation system,
7 including, but not limited to, backgrounds in urban and
8 regional planning, management of large capital projects, labor
9 and workforce development, business management, public
10 administration, transportation, and community organizations.
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 (70 ILCS 3605/20) (from Ch. 111 2/3, par. 320)
16 Sec. 20.
17 (a) This Section is repealed on September 1, 2026.
18 (b) Within sixty (60) days after the adoption of this Act
19 by the electors of one or more cities, villages and
20 incorporated towns within the metropolitan area having a
21 population in the aggregate of at least 100,000 according to
22 the Federal census of 1940, the Governor, by and with the
23 advice and consent of the Senate, shall appoint three members
24 of the Board for initial terms expiring September first of the
25 years 1947, 1948 and 1949, respectively, at least one of which
SB2111 Enrolled - 89 - LRB104 09876 LNS 19944 b
1 members shall be a resident of that portion of the
2 metropolitan area which is outside the corporate limits of the
3 City of Chicago, and the Mayor, with advice and consent of the
4 City Council of the City of Chicago, shall appoint four
5 members of the Board for initial terms expiring September
6 first of the years 1946, 1950, 1951 and 1952, respectively. At
7 the expiration of the term of any member appointed by the
8 Governor his successor shall be appointed by the Governor, and
9 at the expiration of the term of any member appointed by the
10 Mayor his successor shall be appointed by the Mayor in like
11 manner, and with like regard as to the place of residence of
12 the appointee, as appointments for the initial terms. All
13 successors shall hold office for the term of seven years from
14 the first day of September of the year in which they are
15 appointed, except in case of an appointment to fill a vacancy.
16 In case of vacancy in the office of any member appointed by the
17 Governor during the recess of the Senate, the Governor shall
18 make a temporary appointment until the next meeting of the
19 Senate when he shall nominate some person to fill such office;
20 and any person so nominated, who is confirmed by the Senate,
21 shall hold his office during the remainder of the term and
22 until his successor shall be appointed and qualified. If the
23 Senate is not in session at the time this Act takes effect, the
24 Governor shall make temporary appointments as in case of
25 vacancies. Each appointment by the Governor shall be subject
26 to approval by the Mayor, and each appointment by the Mayor
SB2111 Enrolled - 90 - LRB104 09876 LNS 19944 b
1 shall be subject to approval by the Governor and, when so
2 approved, the Governor and the Mayor shall certify their
3 respective appointments and approvals to the Secretary of
4 State. If the Governor or the Mayor does not approve or
5 disapprove the appointment by the Mayor or the Governor,
6 respectively, within 15 days after receipt thereof, the person
7 is appointed. Within thirty days after certification and
8 approval of his appointment, and before entering upon the
9 duties of his office, each member of the Board shall take and
10 subscribe the constitutional oath of office and file it in the
11 office of the Secretary of State.
12 (Source: P.A. 79-938.)
13 (70 ILCS 3605/21) (from Ch. 111 2/3, par. 321)
14 Sec. 21. Members of the Board shall hold office until
15 their respective successors have been appointed and have
16 qualified. Any member may resign from his or her office, to
17 take effect when his or her successor has been appointed and
18 has qualified. An appointing authority The Governor and the
19 Mayor, respectively, may remove any member of the Board
20 appointed by him or her in case of incompetency, neglect of
21 duty, or malfeasance in office. They may give him or her a copy
22 of the charges against him or her and an opportunity to be
23 publicly heard in person or by counsel in his or her own
24 defense upon not less than 10 days' notice. The Governor may
25 remove any member in response to a summary report received
SB2111 Enrolled - 91 - LRB104 09876 LNS 19944 b
1 from the Executive Inspector General in accordance with
2 Section 20-50 of the State Officials and Employees Ethics Act,
3 provided he or she has an opportunity to be publicly heard in
4 person or by counsel prior to removal. In case of failure to
5 qualify within the time required, or of abandonment of his or
6 her office, or in case of death, conviction of a crime or
7 removal from office, his or her office shall become vacant.
8 Each vacancy shall be filled for the unexpired term by
9 appointment in like manner, and with like regard as to the
10 place of residence of the appointee, as in case of expiration
11 of the term of a member of the Board.
12 (Source: P.A. 96-1528, eff. 7-1-11.)
13 (70 ILCS 3605/23) (from Ch. 111 2/3, par. 323)
14 Sec. 23. Regular meetings of the Board shall be held at
15 least once in each calendar month, the time and place of such
16 meetings to be fixed by the Board. Four members of the Board
17 shall constitute a quorum for the transaction of business. All
18 action of the Board shall be by ordinance or resolution and the
19 affirmative vote of at least 4 four members shall be necessary
20 for the adoption of any ordinance or resolution. All such
21 ordinances and resolutions before taking effect shall be
22 approved by the chairman of the Board, and if he shall approve
23 thereof he shall sign the same, and such as he shall not
24 approve he shall return to the Board with his objections
25 thereto in writing at the next regular meeting of the Board
SB2111 Enrolled - 92 - LRB104 09876 LNS 19944 b
1 occurring after the passage thereof. But in case the chairman
2 shall fail to return any ordinance or resolution with his
3 objections thereto by the time aforesaid, he shall be deemed
4 to have approved the same and it shall take effect
5 accordingly. Upon the return of any ordinance or resolution by
6 the chairman with his objections, the vote by which the same
7 was passed shall be reconsidered by the Board, and if upon such
8 reconsideration said ordinance or resolution is passed by the
9 affirmative vote of at least 5 five members, it shall go into
10 effect notwithstanding the veto of the chairman. All
11 ordinances, resolutions and all proceedings of the Authority
12 and all documents and records in its possession shall be
13 public records, and open to public inspection, except such
14 documents and records as shall be kept or prepared by the Board
15 for use in negotiations, action or proceedings to which the
16 Authority is a party.
17 Open meetings of the Board shall be broadcast to the
18 public and maintained in real-time on the Board's website
19 using a high-speed Internet connection. Recordings of each
20 meeting broadcast shall be posted to the Board's website
21 within a reasonable time after the meeting and shall be
22 maintained as public records to the extent practicable, as
23 determined by the Board. Compliance with the provisions of
24 this amendatory Act of the 98th General Assembly does not
25 relieve the Board of its obligations under the Open Meetings
26 Act.
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1 (Source: P.A. 98-1139, eff. 6-1-15.)
2 (70 ILCS 3605/27) (from Ch. 111 2/3, par. 327)
3 Sec. 27. The Board may appoint an Executive Director with
4 the advice and consent of the Board of the Northern Illinois
5 Transit Authority. The Executive Director shall have
6 demonstrated experience with one or more of the following
7 areas: (i) public transportation system operations; (ii)
8 infrastructure capital project management; or (iii) legal or
9 human resource management for a public agency. The Executive
10 Director shall also meet any qualifications that may be set,
11 by ordinance, by the Northern Illinois Transit Authority. The
12 Chair of the Board of the Northern Illinois Transit Authority
13 and the Executive Director of the Northern Illinois Transit
14 Authority shall be included in the process for choosing the
15 Executive Director of the Authority, including membership in
16 any search committee. The Executive Director who shall be a
17 person of recognized ability and experience in the operation
18 of transportation systems and shall to hold office during the
19 pleasure of the Board. The Executive Director shall have
20 management of the properties and business of the Authority and
21 the employees thereof, subject to the general control of the
22 Board, shall direct the enforcement of all ordinances,
23 resolutions, rules, and regulations of the Board, and shall
24 perform such other duties and powers as may be prescribed from
25 time to time by the Board Northern Illinois Transit Authority
SB2111 Enrolled - 94 - LRB104 09876 LNS 19944 b
1 in an ordinance describing the position's role, powers, and
2 responsibilities. The Board may appoint a General Counsel and
3 a Chief Engineer, and shall provide for the appointment of
4 other officers, attorneys, engineers, consultants, agents and
5 employees as may be necessary for the construction, extension,
6 operation, maintenance, and policing of its properties. It
7 shall define their duties and require bonds of such of them as
8 the Board may designate. The Executive Director, General
9 Counsel, Chief Engineer, and all other officers provided for
10 pursuant to this section shall be exempt from taking and
11 subscribing to any oath of office. The compensation of the
12 Executive Director, General Counsel, Chief Engineer, and all
13 other officers, attorneys, consultants, agents and employees
14 shall be fixed by the Board.
15 In the policing of its properties the Board may provide
16 for the appointment and maintenance, from time to time, of
17 such police force as it may find necessary and practicable to
18 aid and supplement the police forces of any municipality in
19 the protection of its property and the protection of the
20 persons and property of its passengers and employees, or
21 otherwise in furtherance of the purposes for which such
22 Authority was organized. The members of such police force
23 shall have and exercise like police powers to those conferred
24 upon the police of cities. Neither the Authority, the members
25 of its Board nor its officers or employees shall be held liable
26 for failure to provide a security or police force or, if a
SB2111 Enrolled - 95 - LRB104 09876 LNS 19944 b
1 security or police force is provided, for failure to provide
2 adequate police protection or security, failure to prevent the
3 commission of crimes by fellow passengers or other third
4 persons or for the failure to apprehend criminals.
5 (Source: P.A. 84-939; 87-597.)
6 (70 ILCS 3605/28) (from Ch. 111 2/3, par. 328)
7 Sec. 28. The Board shall classify all the offices,
8 positions and grades of regular and exempt employment
9 required, excepting that of the Chairman of the Board, the
10 Executive Director, Secretary, Treasurer, General Counsel, and
11 Chief Engineer, with reference to the duties, job title, job
12 schedule number, and the compensation fixed therefor, and
13 adopt rules governing appointments to any of such offices or
14 positions on the basis of merit and efficiency. The job title
15 shall be generally descriptive of the duties performed in that
16 job, and the job schedule number shall be used to identify a
17 job title and to further classify positions within a job
18 title. No unlawful discrimination, as defined and prohibited
19 in the Illinois Human Rights Act, shall be made in any term or
20 aspect of employment. There shall not be discrimination based
21 upon political reasons or factors. No discrimination shall be
22 made in any appointment or promotion to any office, position,
23 or grade of regular employment because of race, creed, color,
24 sex, national origin, physical or mental disability unrelated
25 to ability, or political or religious affiliations. No officer
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1 or employee in regular employment shall be discharged or
2 demoted except for cause which is detrimental to the service.
3 Any officer or employee in regular employment who is
4 discharged or demoted may file a complaint in writing with the
5 Board within ten days after notice of his or her discharge or
6 demotion. If an employee is a member of a labor organization
7 the complaint may be filed by such organization for and on in
8 behalf of such employee. The Board shall grant a hearing on
9 such complaint within thirty (30) days after it is filed. The
10 time and place of the hearing shall be fixed by the Board and
11 due notice thereof given to the complainant, the labor
12 organization by or through which the complaint was filed and
13 the Executive Director. The hearing shall be conducted by the
14 Board, or any member thereof or any officers' committee or
15 employees' committee appointed by the Board. The complainant
16 may be represented by counsel. If the Board finds, or approves
17 a finding of the member or committee appointed by the Board,
18 that the complainant has been unjustly discharged or demoted,
19 he or she shall be restored to his or her office or position
20 with back pay. The decision of the Board shall be final and not
21 subject to review. The Board may designate such offices,
22 positions, and grades of employment as exempt as it deems
23 necessary for the efficient operation of the business of the
24 Authority. The total number of employees occupying exempt
25 offices, positions, or grades of employment may not exceed 3%
26 of the total employment of the Authority. All exempt offices,
SB2111 Enrolled - 97 - LRB104 09876 LNS 19944 b
1 positions, and grades of employment shall be at will. No
2 unlawful discrimination, as defined and prohibited in the
3 Illinois Human Rights Act, shall be made in any term or aspect
4 of employment. There shall not be discrimination based upon
5 political reasons or factors. No discrimination shall be made
6 in any appointment or promotion to any office, position, or
7 grade of exempt employment because of race, creed, color, sex,
8 national origin, physical or mental disability unrelated to
9 ability, or religious or political affiliation. The Board may
10 abolish any vacant or occupied office or position.
11 Additionally, the Board may reduce the force of employees for
12 lack of work or lack of funds as determined by the Board. When
13 the number of positions or employees holding positions of
14 regular employment within a particular job title and job
15 schedule number are reduced, those employees with the least
16 company seniority in that job title and job schedule number
17 shall be first released from regular employment service. For a
18 period of one year, an employee released from service shall be
19 eligible for reinstatement to the job title and job schedule
20 number from which he or she was released, in order of company
21 seniority, if additional force of employees is required.
22 "Company seniority" as used in this Section means the overall
23 employment service credited to an employee by the Authority
24 since the employee's most recent date of hire irrespective of
25 job titles held. If 2 or more employees have the same company
26 seniority date, time in the affected job title and job
SB2111 Enrolled - 98 - LRB104 09876 LNS 19944 b
1 schedule number shall be used to break the company seniority
2 tie. For purposes of this Section, company seniority shall be
3 considered a working condition. When employees are represented
4 by a labor organization that has a labor agreement with the
5 Authority, the wages, hours, and working conditions
6 (including, but not limited to, seniority rights) shall be
7 governed by the terms of the agreement. Exempt employment
8 shall not include any employees who are represented by a labor
9 organization that has a labor agreement with the Authority.
10 No employee, officer, or agent of the Chicago Transit
11 Board may receive a bonus that exceeds 10% of his or her annual
12 salary unless that bonus has been reviewed for a period of 14
13 days by the Northern Illinois Transit Regional Transportation
14 Authority Board. After 14 days, the bonus shall be considered
15 reviewed. This Section does not apply to usual and customary
16 salary adjustments.
17 (Source: P.A. 98-1027, eff. 1-1-15; 99-143, eff. 7-27-15.)
18 (70 ILCS 3605/28a) (from Ch. 111 2/3, par. 328a)
19 Sec. 28a. (a) The Board may deal with and enter into
20 written contracts with the employees of the Authority through
21 accredited representatives of such employees or
22 representatives of any labor organization authorized to act
23 for such employees, concerning wages, salaries, hours, working
24 conditions and pension or retirement provisions; provided,
25 nothing herein shall be construed to permit hours of labor in
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1 excess of those provided by law or to permit working
2 conditions prohibited by law. In case of dispute over wages,
3 salaries, hours, working conditions, or pension or retirement
4 provisions the Board may arbitrate any question or questions
5 and may agree with such accredited representatives or labor
6 organization that the decision of a majority of any
7 arbitration board shall be final, provided each party shall
8 agree in advance to pay half of the expense of such
9 arbitration.
10 No contract or agreement shall be made with any labor
11 organization, association, group or individual for the
12 employment of members of such organization, association, group
13 or individual for the construction, improvement, maintenance,
14 operation or administration of any property, plant or
15 facilities under the jurisdiction of the Authority, where such
16 organization, association, group or individual denies on the
17 ground of race, creed, color, sex, religion, physical or
18 mental disability unrelated to ability, or national origin
19 membership and equal opportunities for employment to any
20 citizen of Illinois.
21 (b)(1) The provisions of this paragraph (b) apply to
22 collective bargaining agreements (including extensions and
23 amendments of existing agreements) entered into on or after
24 January 1, 1984.
25 (2) The Board shall deal with and enter into written
26 contracts with their employees, through accredited
SB2111 Enrolled - 100 - LRB104 09876 LNS 19944 b
1 representatives of such employees authorized to act for such
2 employees concerning wages, salaries, hours, working
3 conditions, and pension or retirement provisions about which a
4 collective bargaining agreement has been entered prior to the
5 effective date of this amendatory Act of 1983. Any such
6 agreement of the Authority shall provide that the agreement
7 may be reopened if the amended budget submitted pursuant to
8 Section 2.18a of the Northern Illinois Transit Regional
9 Transportation Authority Act is not approved by the Board of
10 the Northern Illinois Transit Regional Transportation
11 Authority. The agreement may not include a provision requiring
12 the payment of wage increases based on changes in the Consumer
13 Price Index. The Board shall not have the authority to enter
14 into collective bargaining agreements with respect to inherent
15 management rights, which include such areas of discretion or
16 policy as the functions of the employer, standards of
17 services, its overall budget, the organizational structure and
18 selection of new employees and direction of personnel.
19 Employers, however, shall be required to bargain collectively
20 with regard to policy matters directly affecting wages, hours
21 and terms and conditions of employment, as well as the impact
22 thereon upon request by employee representatives. To preserve
23 the rights of employers and exclusive representatives which
24 have established collective bargaining relationships or
25 negotiated collective bargaining agreements prior to the
26 effective date of this amendatory Act of 1983, employers shall
SB2111 Enrolled - 101 - LRB104 09876 LNS 19944 b
1 be required to bargain collectively with regard to any matter
2 concerning wages, hours or conditions of employment about
3 which they have bargained prior to the effective date of this
4 amendatory Act of 1983.
5 (3) The collective bargaining agreement may not include a
6 prohibition on the use of part-time operators on any service
7 operated by or funded by the Board, except where prohibited by
8 federal law.
9 (4) Within 30 days of the signing of any such collective
10 bargaining agreement, the Board shall determine the costs of
11 each provision of the agreement, prepare an amended budget
12 incorporating the costs of the agreement, and present the
13 amended budget to the Board of the Northern Illinois Transit
14 Regional Transportation Authority for its approval under
15 Section 4.11 of the Northern Illinois Transit Regional
16 Transportation Act. The Board of the Northern Illinois Transit
17 Regional Transportation Authority may approve the amended
18 budget by a supermajority an affirmative vote of 12 of its then
19 Directors. If the budget is not approved by the Board of the
20 Northern Illinois Transit Regional Transportation Authority,
21 the agreement may be reopened and its terms may be
22 renegotiated. Any amended budget which may be prepared
23 following renegotiation shall be presented to the Board of the
24 Northern Illinois Transit Regional Transportation Authority
25 for its approval in like manner.
26 (Source: P.A. 99-143, eff. 7-27-15.)
SB2111 Enrolled - 102 - LRB104 09876 LNS 19944 b
1 (70 ILCS 3605/28d)
2 Sec. 28d. Employment contracts. Except as otherwise
3 provided in Section 28a, before the Chicago Transit Board may
4 enter into or amend any employment contract in excess of
5 $100,000, the Chicago Transit Board must submit that contract
6 or amendment to the Northern Illinois Transit Regional
7 Transportation Authority Board for review for a period of 14
8 days. After 14 days, the contract shall be considered
9 reviewed. This Section applies only to contracts entered into
10 or amended on or after the effective date of this amendatory
11 Act of the 98th General Assembly.
12 (Source: P.A. 98-1027, eff. 1-1-15.)
13 (70 ILCS 3605/31) (from Ch. 111 2/3, par. 331)
14 Sec. 31. The Board shall have power to pass all ordinances
15 and make all rules and regulations proper or necessary to
16 regulate the use, operation and maintenance of its property
17 and facilities, and to carry into effect the powers granted to
18 the Authority, with such fines or penalties, including
19 ordinances, rules, and regulations concerning the suspension
20 of riding privileges or confiscation of fare media under
21 Section 2.40 of the Regional Transportation Authority Act, as
22 may be deemed proper. No fine or penalty shall exceed $300.00,
23 and no imprisonment shall exceed six (6) months for one
24 offense. All fines and penalties shall be imposed by
SB2111 Enrolled - 103 - LRB104 09876 LNS 19944 b
1 ordinances, which shall be published in a newspaper of general
2 circulation published in the metropolitan area. No such
3 ordinance shall take effect until ten days after its
4 publication.
5 (Source: P.A. 103-281, eff. 1-1-24.)
6 (70 ILCS 3605/33.10 new)
7 Sec. 33.10. Budget and program. The Authority, subject to
8 the powers of the Northern Illinois Transit Authority, shall,
9 by ordinance, appropriate money to perform the Authority's
10 purposes and provide for payment of debts and expenses of the
11 Authority. Each year, as part of the process set forth in
12 Section 4.11 of the Northern Illinois Transit Authority Act,
13 the Authority shall prepare and publish a comprehensive annual
14 budget and proposed 5-Year Capital Program document, and a
15 financial plan for the 2 years thereafter describing the state
16 of the Authority and presenting for the forthcoming fiscal
17 year and the 2 following years the Authority's plans for such
18 operations and capital expenditures as it intends to undertake
19 and the means by which it intends to finance them. The proposed
20 budget, financial plan, and 5-Year Capital Program shall be
21 based on the Northern Illinois Transit Authority's estimate of
22 funds to be made available to the Board by or through the
23 Authority and shall conform in all respects to the
24 requirements established by the Northern Illinois Transit
25 Authority. The proposed budget, financial plan, and 5-Year
SB2111 Enrolled - 104 - LRB104 09876 LNS 19944 b
1 Capital Program shall contain a statement of the funds
2 estimated to be on hand at the beginning of the fiscal year,
3 the funds estimated to be received from all sources for the
4 year and the funds estimated to be on hand at the end of the
5 year. The fiscal year of the Authority shall be the same as the
6 fiscal year of the Northern Illinois Transit Authority. The
7 proposed budget, financial plan, and 5-Year Capital Program
8 shall be included in the Northern Illinois Transit Authority's
9 public hearings under Section 4.11 of the Northern Illinois
10 Transit Authority Act. The budget, financial plan, and 5-Year
11 Capital Program shall then be finalized by the Northern
12 Illinois Transit Authority as provided in Section 4.11. The
13 ordinance adopted by the Northern Illinois Transit Authority
14 as provided in Section 4.11 shall appropriate the sums of
15 money as are deemed necessary to defray all necessary expenses
16 and obligations of the Authority, specifying purposes and the
17 objects or programs for which appropriations are made and the
18 amount appropriated for each object or program. Additional
19 appropriations, transfers between items, and other changes in
20 the ordinance that do not alter the basis upon which the
21 balanced budget determination was made by the Board of the
22 Northern Illinois Transit Authority may be made from time to
23 time by the Authority. The Authority shall not (i) use any
24 funds in its budget, or in reserves, allocated for operational
25 expenses to fund capital projects or (ii) transfer moneys from
26 any funds in its budget, or in reserves, allocated for
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1 operational expenses to an account primarily used to fund
2 capital projects.
3 (70 ILCS 3605/38) (from Ch. 111 2/3, par. 338)
4 Sec. 38. To assure modern, attractive transportation
5 service the Board may establish a depreciation policy which
6 makes provision for the continuous and prompt replacement of
7 worn out and obsolete property and the Board may make
8 provision for such depreciation of the property of the
9 Authority as is not offset by current expenditures for
10 maintenance, repairs and replacements under such rules and
11 regulations as may be prescribed by the Board. The Board from
12 time to time shall make a determination of the relationship
13 between the service condition of the properties of the
14 Authority and the then established depreciation rates and
15 reserves and from time to time may make adjustments or
16 modifications of such rates in such amounts as it may deem
17 appropriate because of experienced and estimated consumption
18 of service life of road, plant, and equipment. All
19 depreciation policies shall be in accordance with such policy
20 set by the Northern Illinois Transit Authority.
21 (Source: Laws 1945, p. 1171.)
22 (70 ILCS 3605/42) (from Ch. 111 2/3, par. 342)
23 Sec. 42. The Board may investigate all means of
24 transportation and the management thereof, the enforcement of
SB2111 Enrolled - 106 - LRB104 09876 LNS 19944 b
1 its ordinances, rules and regulations, and the action, conduct
2 and efficiency of all officers, agents and employees of the
3 Authority. In the conduct of such investigations the Board may
4 hold public hearings on its own motion, and shall do so on
5 complaint or petition of any municipality which has adopted
6 this Act or which has granted rights to the Authority by
7 ordinance. Each member of the Board shall have power to
8 administer oaths, and the Secretary, by order of the Board,
9 shall issue subpoenas to secure the attendance and testimony
10 of witnesses, and the production of books and papers relevant
11 to such investigations and to any hearing before the Board or
12 any member thereof or any officers' committee or employees'
13 committee appointed by the Board to hear any complaint of an
14 officer or employee who has been discharged or demoted.
15 Any circuit court of this State, upon application of the
16 Board, or any member thereof, may in its discretion compel the
17 attendance of witnesses, the production of books and papers,
18 and giving of testimony before the Board or before any member
19 thereof or any officers' committee or employees' committee
20 appointed by the Board, by attachment for contempt or
21 otherwise in the same manner as the production of evidence may
22 be compelled before the court.
23 (Source: P.A. 83-334.)
24 (70 ILCS 3605/51.5 new)
25 Sec. 51.5. Visitor paratransit service.
SB2111 Enrolled - 107 - LRB104 09876 LNS 19944 b
1 (a) Upon certifying that a person is eligible to receive
2 complementary paratransit services under 49 CFR Part 37,
3 Subpart F or within 10 business days after receiving a
4 certified person's request for documentation of eligibility
5 for those services, the Authority shall provide the person
6 with documentation of the person's certification of
7 eligibility for those services.
8 (b) If a person provides the Authority with documentation
9 of the person's certification of eligibility to receive
10 complementary paratransit services under 49 CFR Part 37,
11 Subpart F, then the Authority shall provide those services to
12 the person within one business day after receiving the
13 documentation.
14 (c) The procedures used by the Authority to document a
15 person's certification of eligibility for complementary
16 paratransit services under 49 CFR Part 37, Subpart F shall not
17 require the disclosure or recording of any specific
18 information about an individual's disability.
19 (70 ILCS 3605/3 rep.)
20 (70 ILCS 3605/4 rep.)
21 (70 ILCS 3605/6.1 rep.)
22 (70 ILCS 3605/8 rep.)
23 (70 ILCS 3605/8.5 rep.)
24 (70 ILCS 3605/10 rep.)
25 (70 ILCS 3605/11.1 rep.)
SB2111 Enrolled - 108 - LRB104 09876 LNS 19944 b
1 (70 ILCS 3605/12 rep.)
2 (70 ILCS 3605/13 rep.)
3 (70 ILCS 3605/16 rep.)
4 (70 ILCS 3605/17 rep.)
5 (70 ILCS 3605/22 rep.)
6 (70 ILCS 3605/27a rep.)
7 (70 ILCS 3605/30 rep.)
8 (70 ILCS 3605/32 rep.)
9 (70 ILCS 3605/34 rep.)
10 (70 ILCS 3605/44 rep.)
11 (70 ILCS 3605/46 rep.)
12 (70 ILCS 3605/47 rep.)
13 (70 ILCS 3605/51 rep.)
14 (70 ILCS 3605/52 rep.)
15 Section 5-903. The Metropolitan Transit Authority Act is
16 amended by repealing Sections 3, 4, 6.1, 8, 8.5, 10, 11.1, 12,
17 13, 16, 17, 22, 27a, 30, 32, 34, 44, 46, 47, 51, and 52.
18 Section 5-905. The Local Mass Transit District Act is
19 amended by adding Sections 5.08 and 8.8 as follows:
20 (70 ILCS 3610/5.08 new)
21 Sec. 5.08. Transit-supportive development and
22 trail-supportive development.
23 (a) As used in this Section:
24 "Transit-supportive development" means residential,
SB2111 Enrolled - 109 - LRB104 09876 LNS 19944 b
1 commercial, and governmental facilities and supporting
2 infrastructure improvements that are designed to facilitate
3 access to and use of public transit or public trails and that
4 are located within either (i) one-half mile of a public
5 transportation station or (ii) one-eighth mile of a bus stop
6 on a public transportation bus route.
7 "Trail-supportive development" means residential,
8 commercial, and governmental facilities, and supporting
9 infrastructure improvements that are (i) located within
10 one-quarter mile of a public trail and (ii) designed to
11 facilitate access to and use of public transit or public
12 trails.
13 (b) The Board of Trustees of any Transit District may
14 acquire, construct, own, operate, or maintain for public
15 service transit-supportive developments and trail-supportive
16 developments and may exercise all powers necessary or
17 convenient to accomplish the purposes of this Section.
18 (c) The Board of Trustees of any Transit District may
19 acquire by purchase, condemnation, lease, gift, or otherwise
20 any property and rights useful for its transit-supportive
21 development purposes and may sell, lease, transfer, or convey
22 any property or rights when no longer useful or to exchange the
23 same for other property or rights that are useful for its
24 purposes.
25 (d) In addition to other powers provided in this
26 amendatory Act of the 104th General Assembly, the Board of
SB2111 Enrolled - 110 - LRB104 09876 LNS 19944 b
1 Trustees of any Transit District may enter into contracts and
2 agreements with governmental, not-for-profit, and for-profit
3 entities for the development, construction, and operation of
4 transit-supportive developments and trail-supportive
5 developments.
6 (e) The Board of Trustees of any Transit District shall
7 have the continuing power to borrow money for (i) the purpose
8 of acquiring, constructing, reconstructing, extending, or
9 improving transit-supportive developments and
10 trail-supportive developments or any part of those
11 developments and (ii) the purpose of acquiring property and
12 equipment useful for the construction, reconstruction,
13 extension, improvement, or operation of its transit-supportive
14 developments and trail-supportive developments or any part of
15 those developments.
16 (f) This Section does not exempt the Board of Trustees of
17 any Transit District from complying with land use regulations
18 applicable to the property involved in a transit-supportive
19 development or trail-supportive development.
20 (70 ILCS 3610/8.8 new)
21 Sec. 8.8. Visitor paratransit service.
22 (a) Upon certifying that a person is eligible to receive
23 complementary paratransit services under 49 CFR Part 37,
24 Subpart F or within 10 business days after receiving a
25 certified person's request for documentation of eligibility
SB2111 Enrolled - 111 - LRB104 09876 LNS 19944 b
1 for those services, a district shall provide the person with
2 documentation of the person's certification of eligibility for
3 those services.
4 (b) If a person provides a district with documentation of
5 the person's certification of eligibility to receive
6 complementary paratransit services under 49 CFR Part 37,
7 Subpart F, then the district shall provide those services to
8 the person within one business day after receiving the
9 documentation.
10 (c) The procedures used by a district to document a
11 person's certification of eligibility for complementary
12 paratransit services under 49 CFR Part 37, Subpart F shall not
13 require the disclosure or recording of any specific
14 information about an individual's disability.
15 Section 5-910. The Regional Transportation Authority Act
16 is amended by changing Sections 1.01, 1.02, 1.03, 2.01, 2.01a,
17 2.01b, 2.01c, 2.03, 2.04, 2.05, 2.07, 2.08, 2.09, 2.10, 2.10a,
18 2.12b, 2.14, 2.16, 2.18a, 2.19, 2.24, 2.30, 2.39, 2.40, 2.41,
19 3.01, 3.03, 3.04, 3.05, 3A.01, 3A.02, 3A.03, 3A.05, 3A.06,
20 3A.07, 3A.08, 3A.09, 3A.10.5, 3A.12, 3A.14, 3B.01, 3B.02,
21 3B.03, 3B.05, 3B.06, 3B.09, 3B.12, 3B.26, 4.01, 4.03, 4.03.3,
22 4.04, 4.06, 4.09, 4.11, 4.13, 4.14, 4.15, 5.03, 5.05, and 5.15
23 and by adding Sections 2.01f, 2.01g, 2.06.2, 2.10b, 2.11,
24 2.11.05, 2.11.10, 2.11.15, 2.11.20, 2.11.25, 2.11.30, 2.11.35,
25 2.43, 2.44, 2.45, 2.46, 2.47, 2.48, 2.49, 3.13, 3A.15.5,
SB2111 Enrolled - 112 - LRB104 09876 LNS 19944 b
1 3B.02.5, 3B.10.5, 3B.14.5, 3B.27, 3B.28, 3B.29 4.01b, 4.06.05,
2 5.17, 5.20, 5.25, and 5.30 and Articles VI and VII as follows:
3 (70 ILCS 3615/1.01) (from Ch. 111 2/3, par. 701.01)
4 Sec. 1.01. Short Title; references to Act.
5 (a) This Act shall be known and may be cited as the
6 Northern Illinois Transit "Regional Transportation Authority
7 Act".
8 (b) References to this Act. For the purposes of
9 outstanding debt obligations and for other purposes, this Act
10 may continue to be referred to as the Regional Transportation
11 Authority Act.
12 (Source: P.A. 78-3rd S.S.-5.)
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) (i) Public transportation is, as provided in
17 Section 7 of Article XIII of the Illinois Constitution, an
18 essential public purpose for which public funds may be
19 expended and that Section authorizes the State to provide
20 financial assistance to units of local government for
21 distribution to providers of public transportation. There
22 is an urgent need to reform and continue a unit of local
23 government to assure the proper management of public
24 transportation and to receive and distribute State or
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1 federal operating assistance and to raise and distribute
2 revenues for local operating assistance. System generated
3 revenues are not adequate for such service and a public
4 need exists to provide for, aid and assist public
5 transportation in the northeastern area of the State,
6 consisting of Cook, DuPage, Kane, Lake, McHenry and Will
7 Counties.
8 (2) (ii) Comprehensive and coordinated regional public
9 transportation is essential to the public health, safety,
10 and welfare. It is essential to economic well-being,
11 maintenance of full employment, conservation of sources of
12 energy and land for open space and reduction of traffic
13 congestion and for providing and maintaining a healthful
14 environment for the benefit of present and future
15 generations in the metropolitan region. Public
16 transportation improves the mobility of the public and
17 improves access to jobs, commercial facilities, schools,
18 and cultural attractions. Public transportation decreases
19 air pollution and other environmental hazards resulting
20 from excessive use of automobiles and allows for more
21 efficient land use and planning.
22 (3) Transportation in the metropolitan region is being
23 threatened by (iii) Because system generated receipts are
24 not presently adequate, public transportation facilities
25 and services in the northeastern area are in grave
26 financial conditions condition. With existing methods of
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1 financing, coordination, structure, and management, the
2 public transportation system is and relative convenience
3 of automobiles, such public transportation facilities are
4 not providing adequate public transportation to ensure
5 insure the public health, safety, and welfare.
6 (3.5) The COVID-19 pandemic caused unprecedented
7 disruption in public transportation ridership and
8 operations from which the service providers have yet to
9 fully recover and the pandemic-related federal funding
10 support for public transportation operations has expired.
11 Although ridership levels continue to improve from the
12 lowest levels observed during the pandemic, net ridership
13 levels have not recovered to pre-pandemic levels.
14 Furthermore, the system experienced persistent losses in
15 ridership, service quality, and financial stability for
16 many years before the pandemic. These systemic issues,
17 combined with the changes in passenger behaviors,
18 experiences, and commuting patterns since the pandemic,
19 create conditions untenable to a sustainable and thriving
20 public transportation system.
21 (4) (iv) Additional commitments to the public
22 transportation needs of persons with disabilities, the
23 economically disadvantaged, and the elderly are necessary.
24 Further, additional commitments to the public transit
25 needs of persons who currently reside in areas with
26 limited, infrequent, or no public transit service are
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1 needed to eliminate existing public transit deserts and
2 ensure that all residents of the metropolitan region have
3 access to frequent, reliable, safe, and interconnected
4 transit options.
5 (5) (v) To solve these problems, it is necessary to
6 provide for the creation and empowerment of the Northern
7 Illinois Transit Authority a regional transportation
8 authority with the powers necessary to insure adequate
9 public transportation.
10
11 (b) (Blank). The General Assembly further finds, in
12 connection with this amendatory Act of 1983:
13 (i) Substantial, recurring deficits in the operations
14 of public transportation services subject to the
15 jurisdiction of the Regional Transportation Authority and
16 periodic cash shortages have occurred either of which
17 could bring about a loss of public transportation services
18 throughout the metropolitan region at any time;
19 (ii) A substantial or total loss of public
20 transportation services or any segment thereof would
21 create an emergency threatening the safety and well-being
22 of the people in the northeastern area of the State; and
23 (iii) To meet the urgent needs of the people of the
24 metropolitan region that such an emergency be averted and
25 to provide financially sound methods of managing the
26 provision of public transportation services in the
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1 northeastern area of the State, it is necessary, while
2 maintaining and continuing the existing Authority, to
3 modify the powers and responsibilities of the Authority,
4 to reallocate responsibility for operating decisions, to
5 change the composition and appointment of the Board of
6 Directors thereof, and to immediately establish a new
7 Board of Directors.
8 (c) (Blank). The General Assembly further finds in
9 connection with this amendatory Act of the 95th General
10 Assembly:
11 (i) The economic vitality of northeastern Illinois
12 requires regionwide and systemwide efforts to increase
13 ridership on the transit systems, constrain road
14 congestion within the metropolitan region, and allocate
15 resources for transportation so as to assist in the
16 development of an adequate, efficient, geographically
17 equitable and coordinated regional transportation system
18 that is in a state of good repair.
19 (ii) To achieve the purposes of this amendatory Act of
20 the 95th General Assembly, the powers and duties of the
21 Authority must be enhanced to improve overall planning and
22 coordination, to achieve an integrated and efficient
23 regional transit system, to advance the mobility of
24 transit users, and to increase financial transparency of
25 the Authority and the Service Boards.
26 (d) It is the purpose of this Act to provide for, aid and
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1 assist public transportation in the northeastern area of the
2 State without impairing the overall quality of existing public
3 transportation by providing for the creation of a single
4 authority responsive to the people and elected officials of
5 the area and with the power and competence to develop,
6 implement, and enforce plans that promote adequate, efficient,
7 geographically equitable and coordinated public
8 transportation, provide financial review of the providers of
9 public transportation in the metropolitan region and
10 facilitate public transportation provided by Service Boards
11 which is attractive and economical to users, comprehensive,
12 coordinated among its various elements, economical, safe,
13 efficient and coordinated with area and State plans.
14 (e) It is the intent of this Act to continue and maintain
15 the existence of the Regional Transportation Authority,
16 notwithstanding a change in its name and appointment powers
17 and authorities, and is in no way intended to change, modify,
18 or restrict the rights of existing Regional Transit Authority
19 bondholders or to change or repeal the non-impairment covenant
20 in the current Regional Transportation Authority legislation.
21 (Source: P.A. 98-1027, eff. 1-1-15; 99-143, eff. 7-27-15.)
22 (70 ILCS 3615/1.03) (from Ch. 111 2/3, par. 701.03)
23 Sec. 1.03. Definitions. As used in this Act:
24 "Authority" means the Northern Illinois Transit Authority
25 (formerly the Regional Transportation Authority). ;
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1 "Board" means the Board of Directors of the Northern
2 Illinois Transit Authority (formerly the Board of Directors of
3 the Regional Transportation Authority). ;
4 "Construct or acquire" means plan, design, construct,
5 reconstruct, improve, modify, extend, landscape, expand or
6 acquire. ;
7 "Limited English proficient individual" means an
8 individual who does not speak English as the individual's
9 primary language and who has a limited ability to read, speak,
10 write, or understand English.
11 "Metropolitan Region" means all territory included within
12 the territory of the Authority as provided in this Act, and
13 such territory as may be annexed to the Authority. ;
14 "Municipality", "County" and "Unit of Local Government"
15 have the meanings given to such terms in Section 1 of Article
16 VII of the Illinois Constitution. ;
17 "Operate" means operate, maintain, administer, repair,
18 promote and any other acts necessary or proper with regard to
19 such matters. ;
20 "Passenger miles traveled" means the cumulative sum of the
21 distances ridden by each passenger.
22 "Public Transportation" means the transportation or
23 conveyance of persons within the metropolitan region by means
24 available to the general public, including groups of the
25 general public with special needs, except for transportation
26 by automobiles not used for conveyance of the general public
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1 as passengers. ;
2 "Public Transportation Facilities" means all equipment or
3 property, real or personal, or rights therein, useful or
4 necessary for providing, maintaining or administering public
5 transportation within the metropolitan region or otherwise
6 useful for carrying out or meeting the purposes or powers of
7 the Authority, except it shall not include roads, streets,
8 highways or bridges or toll highways or toll bridges for
9 general public use. ; and
10 "Qualified interpreter" or "qualified translator" means an
11 individual proficient in both English and the non-English
12 language used by the limited English proficient individual,
13 with demonstrated ability to interpret or translate accurately
14 and impartially.
15 "Service Boards" means the Board of the Commuter Rail
16 Division of the Authority, the Board of the Suburban Bus
17 Division of the Authority, and the Board of the Chicago
18 Transit Authority established pursuant to the Chicago Transit
19 Authority Act "Metropolitan Transit Authority Act", approved
20 April 12, 1945, as now or hereafter amended.
21 "Service standards" means quantitative and qualitative
22 attributes of public transit service as well as the
23 appropriate level of service to be provided across the
24 metropolitan region.
25 "Supermajority vote" means the affirmative vote of:
26 (1) until September 1, 2026, 12 of the Authority's
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1 then Directors; or
2 (2) beginning September 1, 2026, either at least 15 of
3 the Authority's then Directors or 12 of the Authority's
4 then Directors if there are:
5 (A) at least 2 affirmative votes from Directors
6 appointed under subsection (a) of Section 3.01;
7 (B) at least 2 affirmative votes from Directors
8 appointed under subsection (a-5) of Section 3.01;
9 (C) at least 2 affirmative votes from Directors
10 appointed under subsection (b) of Section 3.01; and
11 (D) at least 2 affirmative votes from Directors
12 appointed under subsection (b-5) of Section 3.01.
13 "Transportation Agency" means any individual, firm,
14 partnership, corporation, association, body politic, municipal
15 corporation, public authority, unit of local government or
16 other person, other than the Authority and the Service Boards,
17 which provides public transportation, any local mass transit
18 district created pursuant to the "Local Mass Transit District
19 Act", as now or hereafter amended, and any urban
20 transportation district created pursuant to the "Urban
21 Transportation District Act", as now or hereafter amended,
22 which districts are located in whole or in part within the
23 metropolitan region.
24 "Unlinked passenger trips" means the number of passengers
25 who board public transportation vehicles. Passengers are
26 counted each time they board vehicles no matter how many
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1 vehicles they use to travel from their origin to destination.
2 "Vehicle revenue hours" means the hours that vehicles are
3 scheduled to or actually travel while in revenue service.
4 "Vehicle revenue hours" includes layover or recovery time.
5 "Vehicle revenue hours" does not include deadhead, operator
6 training, vehicle maintenance testing, and other non-revenue
7 uses of vehicles.
8 "Vehicle revenue miles" means the miles that vehicles are
9 scheduled to or actually travel while in revenue service.
10 "Vehicle revenue miles" includes distances traveled during
11 layover or recovery time. "Vehicle revenue miles" does not
12 include deadhead, operator training, vehicle maintenance
13 testing, and other non-revenue uses of vehicles.
14 "Vital documents" means materials critical for obtaining
15 services or understanding rider rights, including fare
16 schedules, safety information, service announcements, and
17 notices of rights or responsibilities.
18 (Source: P.A. 83-885; 83-886.)
19 (70 ILCS 3615/2.01) (from Ch. 111 2/3, par. 702.01)
20 Sec. 2.01. General Allocation of Responsibility for Public
21 Transportation.
22 (a) In order to accomplish the purposes as set forth in
23 this Act, the responsibility for planning, operating, and
24 funding public transportation in the metropolitan region shall
25 be allocated as described in this Act. The Authority shall:
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1 (i) create and adopt plans that implement the public
2 policy of the State to provide adequate, efficient,
3 geographically equitable and coordinated public
4 transportation throughout the metropolitan region;
5 (ii) set goals, objectives, and standards for the
6 Authority, the Service Boards, and Transportation Agencies
7 transportation agencies;
8 (iii) develop and use service standards and
9 performance standards to objectively and transparently
10 determine the level, nature, and kinds of public
11 transportation that should be provided throughout the
12 metropolitan region performance measures to inform the
13 public about the extent to which the provision of public
14 transportation in the metropolitan region meets those
15 goals, objectives, and standards;
16 (iv) budget and allocate operating and capital funds
17 made available to support public transportation in the
18 metropolitan region;
19 (v) provide financial oversight of the Service Boards;
20 and
21 (vi) coordinate the provision of public transportation
22 and the investment in public transportation facilities to
23 enhance the integration of public transportation
24 throughout the metropolitan region, all as provided in
25 this Act;.
26 (vii) set fares and plan, procure, and operate an
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1 integrated fare collection system;
2 (viii) conduct operations, service, and capital
3 planning;
4 (ix) provide design and construction oversight of
5 capital projects;
6 (x) be responsible for ensuring that public
7 transportation service in the metropolitan region complies
8 with Title VI of the Civil Rights Act of 1964; and
9 (xi) subject to applicable land use laws, develop or
10 participate in residential and commercial development on
11 and in the vicinity of public transportation stations and
12 routes as deemed necessary to facilitate
13 transit-supportive land uses, increase public
14 transportation ridership, generate revenue, and improve
15 access to jobs and other opportunities in the metropolitan
16 region by public transportation.
17 The Service Boards shall, on a continuing basis provide
18 for the metropolitan region public transportation service of
19 determine the level, nature, and kind determined by the
20 Authority of public transportation which should be provided
21 for the metropolitan region in order to meet the plans, goals,
22 objectives, and standards adopted by the Authority. The
23 Service Boards may provide public transportation by purchasing
24 such service from Transportation Agencies transportation
25 agencies through purchase of service agreements, by grants to
26 such agencies or by operating such service, all pursuant to
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1 this Act and the Chicago Transit Authority Act "Metropolitan
2 Transit Authority Act", as now or hereafter amended. Certain
3 of its actions to implement the responsibilities allocated to
4 the Authority in this subsection (a) shall be taken in 3 public
5 documents adopted by a supermajority the affirmative vote of
6 at least 12 of its then Directors: a A Strategic Plan; a 5-Year
7 Five-Year Capital Program; and an Annual Budget and 2-Year
8 Two-Year Financial Plan.
9 The Authority has ultimate responsibility for providing
10 the metropolitan region with a high-quality public
11 transportation system and, subject to the requirements of this
12 Act and applicable law and agreements, shall have the final
13 responsibility for allocating duties among the Service Boards
14 and between the Service Boards and the Authority itself.
15 Nothing in this Act shall prevent the Authority from
16 delegating to the Service Boards powers and duties in addition
17 to those expressly assigned to the Service Boards under this
18 Act.
19 (b) The Authority shall subject the operating and capital
20 plans and expenditures of the Service Boards in the
21 metropolitan region with regard to public transportation to
22 continuing review so that the Authority may budget and expend
23 its funds with maximum effectiveness and efficiency. The
24 Authority shall conduct audits of each of the Service Boards
25 no less than every 5 years. Such audits shall may include
26 management, performance, financial, and infrastructure
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1 condition audits. The Authority may conduct management,
2 performance, financial, and infrastructure condition audits of
3 Transportation Agencies transportation agencies that receive
4 funds from the Authority. The Authority may direct a Service
5 Board to conduct any such audit of a Transportation Agency
6 transportation agency that receives funds from such Service
7 Board, and the Service Board shall comply with such request to
8 the extent it has the right to do so. These audits of the
9 Service Boards or Transportation Agencies transportation
10 agencies may be project or service specific audits to evaluate
11 their achievement of the goals and objectives of that project
12 or service and their compliance with any applicable
13 requirements.
14 The Authority shall have ready access at any time to
15 information regarding Service Board operations and has the
16 right to demand and receive information from a Service Board
17 concerning any aspect of the Service Board's operations at any
18 time.
19 (c) The Authority shall not (i) use any funds in its
20 budget, or in reserves, allocated for operational expenses to
21 fund capital projects or (ii) transfer moneys from any funds
22 in its budget, or in reserves, allocated for operational
23 expenses to an account primarily used to fund capital
24 projects.
25 (Source: P.A. 98-1027, eff. 1-1-15.)
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1 (70 ILCS 3615/2.01a)
2 Sec. 2.01a. Strategic Plan.
3 (a) By a supermajority the affirmative vote of at least 12
4 of its then Directors, the Authority shall adopt a Strategic
5 Plan, no less than every 5 years, after consultation with the
6 Service Boards and after holding a minimum of 3 public
7 hearings in Cook County, at least one of which shall be held in
8 the City of Chicago, and one public hearing in each of the
9 other counties in the region. The Executive Director of the
10 Authority shall review the Strategic Plan on an ongoing basis
11 and make recommendations to the Board of the Authority with
12 respect to any update or amendment of the Strategic Plan. The
13 Strategic Plan shall describe the specific actions to be taken
14 by the Authority and the Service Boards to provide adequate,
15 efficient, and coordinated public transportation.
16 (b) The Strategic Plan shall identify goals and objectives
17 with respect to:
18 (i) increasing ridership and passenger miles on public
19 transportation funded by the Authority;
20 (ii) increasing per capita transit ridership and the
21 share of trips taken by transit in the region;
22 (iii) using public transportation to reduce greenhouse
23 gas and other emissions from the transportation sector;
24 (iv) (ii) coordination of public transportation
25 services and the investment in public transportation
26 facilities to enhance the integration of public
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1 transportation throughout the metropolitan region;
2 (v) (iii) coordination of fare and transfer policies
3 to promote transfers by riders among Service Boards,
4 Transportation Agencies transportation agencies, and
5 public transportation modes, which may include goals and
6 objectives for development of a universal fare instrument
7 that riders may use interchangeably on all public
8 transportation funded by the Authority, and methods to be
9 used to allocate revenues from transfers;
10 (vi) (iv) improvements in public transportation
11 facilities to bring those facilities into a state of good
12 repair, enhancements that attract ridership and improve
13 customer service, and expansions needed to serve areas
14 with sufficient demand for public transportation;
15 (vii) (v) access for transit-dependent populations,
16 including low-income communities, seniors, students, and
17 people with disabilities access by low-income communities
18 to places of employment, utilizing analyses provided by
19 the Chicago Metropolitan Agency for Planning regarding
20 employment and transportation availability, and giving
21 consideration to the location of employment centers in
22 each county and the availability of public transportation
23 at off-peak hours and on weekends;
24 (viii) access by low-income communities to places of
25 employment, using analyses provided by the Chicago
26 Metropolitan Agency for Planning regarding employment and
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1 transportation availability, and giving consideration to
2 the location of employment centers in each county and the
3 availability of public transportation at off-peak hours
4 and on weekends;
5 (ix) (vi) the financial viability of the public
6 transportation system, including both operating and
7 capital programs;
8 (vii) limiting road congestion within the metropolitan
9 region and enhancing transit options to improve mobility;
10 and
11 (x) improving roadway operations within the
12 metropolitan region to enhance transit options and to
13 improve mobility;
14 (xi) land use policies, practices, and incentives that
15 make more effective use of public transportation services
16 and facilities as community assets and encourage locating
17 the siting of businesses, homes, and public facilities
18 near public transportation services and facilities to
19 provide convenient and affordable travel for residents,
20 customers, and employees in the metropolitan region;
21 (xii) policies, practices, and incentives that will
22 better integrate public transportation with other active
23 modes of transportation; and
24 (xiii) (viii) such other goals and objectives that
25 advance the policy of the State to provide adequate,
26 efficient, geographically equitable and coordinated public
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1 transportation in the metropolitan region.
2 (c) The Strategic Plan shall establish the process and
3 criteria by which proposals for capital improvements by the
4 Authority, a Service Board, or a Transportation Agency
5 transportation agency will be evaluated by the Authority for
6 inclusion, as proposed or with modifications, in the 5-Year
7 Five-Year Capital Program, which shall be in accordance with
8 the prioritization process set forth in Section 2.39.
9 Proposals for capital improvements may include criteria for:
10 (i) allocating funds among maintenance, enhancement,
11 and expansion improvements;
12 (ii) projects to be funded from the Innovation,
13 Coordination, and Enhancement Fund;
14 (iii) projects intended to improve or enhance
15 ridership or customer service;
16 (iv) design and location of station or transit
17 improvements intended to promote transfers, increase
18 ridership, and support transit-oriented land development;
19 (v) assessing the impact of projects on the ability to
20 operate and maintain the existing transit system; and
21 (vi) other criteria that advance the goals and
22 objectives of the Strategic Plan.
23 (d) The Strategic Plan shall establish performance
24 standards and measurements regarding the adequacy, efficiency,
25 geographic equity and coordination of public transportation
26 services in the region and the implementation of the goals and
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1 objectives in the Strategic Plan. At a minimum, such standards
2 and measures shall include customer-related performance data
3 measured by line, route, or sub-region, as determined by the
4 Authority, on the following:
5 (i) travel times and on-time performance;
6 (ii) ridership data;
7 (iii) equipment failure rates;
8 (iv) employee and customer safety; and
9 (v) crowding;
10 (vi) cleanliness of vehicles and stations;
11 (vii) service productivity; and
12 (viii) (v) customer satisfaction.
13 The Service Boards and transportation agencies that
14 receive funding from the Authority or Service Boards shall
15 prepare, publish, and submit to the Authority such reports
16 with regard to these standards and measurements in the
17 frequency and form required by the Authority; however, the
18 frequency of such reporting shall be no less than annual. The
19 Service Boards shall publish such reports on their respective
20 websites. The Authority shall compile and publish such reports
21 on its website. Such performance standards and measures shall
22 not be used as the basis for disciplinary action against any
23 employee of the Authority or Service Boards, except to the
24 extent the employment and disciplinary practices of the
25 Authority or Service Board provide for such action.
26 (e) The Strategic Plan shall identify innovations to
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1 improve the delivery of public transportation and the
2 construction of public transportation facilities.
3 (f) The Strategic Plan shall describe the expected
4 financial condition of public transportation in the
5 metropolitan region prospectively over a 10-year period, which
6 may include information about the cash position and all known
7 obligations of the Authority and the Service Boards including
8 operating expenditures, debt service, contributions for
9 payment of pension and other post-employment benefits, the
10 expected revenues from fares, tax receipts, grants from the
11 federal, State, and local governments for operating and
12 capital purposes and issuance of debt, the availability of
13 working capital, and the resources needed to achieve the goals
14 and objectives described in the Strategic Plan.
15 (g) In developing the Strategic Plan, the Authority shall
16 rely on such demographic and other data, forecasts, and
17 assumptions developed by the Chicago Metropolitan Agency for
18 Planning with respect to the patterns of population density
19 and growth, projected commercial and residential development,
20 and environmental factors, within the metropolitan region and
21 in areas outside the metropolitan region that may impact
22 public transportation utilization in the metropolitan region.
23 The Authority shall also consult with the Illinois Department
24 of Transportation's Office of Planning and Programming when
25 developing the Strategic Plan. Before adopting or amending any
26 Strategic Plan, the Authority shall consult with the Chicago
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1 Metropolitan Agency for Planning regarding the consistency of
2 the Strategic Plan with the Regional Comprehensive Plan
3 adopted pursuant to the Regional Planning Act.
4 (h) The Authority may adopt, by a supermajority the
5 affirmative vote of at least 12 of its then Directors,
6 sub-regional or corridor plans for specific geographic areas
7 of the metropolitan region in order to improve the adequacy,
8 efficiency, geographic equity and coordination of existing, or
9 the delivery of new, public transportation. Such plans may
10 also address areas outside the metropolitan region that may
11 impact public transportation utilization in the metropolitan
12 region. In preparing a sub-regional or corridor plan, the
13 Authority may identify changes in operating practices or
14 capital investment in the sub-region or corridor that could
15 increase ridership, reduce costs, improve coordination, or
16 enhance transit-oriented development. The Authority shall
17 consult with any affected Service Boards in the preparation of
18 any sub-regional or corridor plans.
19 (i) (Blank). If the Authority determines, by the
20 affirmative vote of at least 12 of its then Directors, that,
21 with respect to any proposed new public transportation service
22 or facility, (i) multiple Service Boards or transportation
23 agencies are potential service providers and (ii) the public
24 transportation facilities to be constructed or purchased to
25 provide that service have an expected construction cost of
26 more than $25,000,000, the Authority shall have sole
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1 responsibility for conducting any alternatives analysis and
2 preliminary environmental assessment required by federal or
3 State law. Nothing in this subparagraph (i) shall prohibit a
4 Service Board from undertaking alternatives analysis and
5 preliminary environmental assessment for any public
6 transportation service or facility identified in items (i) and
7 (ii) above that is included in the Five-Year Capital Program
8 as of the effective date of this amendatory Act of the 95th
9 General Assembly; however, any expenditure related to any such
10 public transportation service or facility must be included in
11 a Five-Year Capital Program under the requirements of Sections
12 2.01b and 4.02 of this Act.
13 (Source: P.A. 98-1027, eff. 1-1-15.)
14 (70 ILCS 3615/2.01b)
15 Sec. 2.01b. The 5-Year Five-Year Capital Program. By a
16 supermajority the affirmative vote of at least 12 of its then
17 Directors, the Authority, after consultation with the Service
18 Boards and after holding a minimum of 3 public hearings in Cook
19 County, at least one one of which shall be held in the City of
20 Chicago, and one public hearing in each of the other counties
21 in the metropolitan region, shall each year adopt a 5-Year
22 Five-Year Capital Program that shall include each capital
23 improvement to be undertaken by the Authority or, on behalf of
24 the Authority, by a Service Board or Transportation Agency, or
25 on behalf of a Service Board provided that the Authority finds
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1 that the improvement meets any criteria for capital
2 improvements contained in the Strategic Plan, is not
3 inconsistent with any sub-regional or corridor plan adopted by
4 the Authority, and can be funded within amounts available with
5 respect to the capital and operating costs of such
6 improvement. Prior to submitting their proposed capital
7 projects to the Authority, each Service Board shall hold at
8 least one meeting for consideration of the capital projects
9 being submitted to the Authority with representatives of labor
10 organizations that have collective bargaining agreements with
11 the respective Service Board. The Program shall be based on
12 any criteria for capital improvements contained in the
13 Strategic Plan, the capital project prioritization process,
14 the service standards, the transit asset management plans
15 required by 49 CFR 625.25, and other criteria determined by
16 the Authority so long as the improvements are not inconsistent
17 with any subregional or corridor plan adopted by the Authority
18 and can be funded within amounts available with respect to the
19 capital and operating costs of the improvement.
20 In reviewing proposals for improvements to be included in
21 a 5-Year Five-Year Capital Program, the Authority may give
22 priority to improvements that are intended to bring public
23 transportation facilities into a state of good repair. Before
24 adopting a 5-Year Capital Program, the Authority shall consult
25 with the Chicago Metropolitan Agency for Planning regarding
26 the consistency of the 5-Year Capital Program with the
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1 Regional Comprehensive Plan adopted under the Regional
2 Planning Act. The 5-Year Five-Year Capital Program shall also
3 identify capital improvements to be undertaken by a Service
4 Board, a Transportation Agency transportation agency, or a
5 unit of local government and funded by the Authority from
6 amounts in the Innovation, Coordination, and Enhancement Fund,
7 provided that no improvement that is included in the 5-Year
8 Five-Year Capital Program as of the effective date of this
9 amendatory Act of the 95th General Assembly may receive
10 funding from the Innovation, Coordination, and Enhancement
11 Fund. Before adopting a Five-Year Capital Program, the
12 Authority shall consult with the Chicago Metropolitan Agency
13 for Planning regarding the consistency of the Five-Year
14 Capital Program with the Regional Comprehensive Plan adopted
15 pursuant to the Regional Planning Act.
16 Beginning on January 1, 2027, for each improvement
17 identified in the 5-year Capital Program, the Authority shall
18 identify the entity responsible for implementing the project.
19 The Authority shall retain responsibility for larger or
20 comprehensive improvements such as Regionally Significant
21 Projects, as designated by the Chicago Metropolitan Agency for
22 Planning; new service infrastructure such as a new rail line
23 or a new BRT corridor; large-scale rebuild of existing service
24 infrastructure; new service vehicle or rolling stock
25 purchases; or improvements that will be used by multiple
26 Service Boards. The Authority shall assign to the appropriate
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1 Service Board responsibility for projects such as general
2 service infrastructure renewal; improvements to non-service
3 facilities; overhauls of railcars and vehicles; routine
4 maintenance; and projects that will be completed entirely by
5 Service Board employees.
6 (Source: P.A. 95-708, eff. 1-18-08.)
7 (70 ILCS 3615/2.01c)
8 Sec. 2.01c. Innovation, Coordination, and Enhancement
9 Fund.
10 (a) The Authority shall establish an Innovation,
11 Coordination, and Enhancement Fund and deposit into the Fund
12 an amount equal to $10,000,000 in 2008, and, each year
13 thereafter, an amount equal to the amount deposited in the
14 previous year increased or decreased by the percentage growth
15 or decline in revenues received by the Authority from taxes
16 imposed under Section 4.03 in the previous year. Amounts on
17 deposit in such Fund and interest and other earnings on those
18 amounts may be used by the Authority, upon a supermajority the
19 affirmative vote of 12 of its then Directors, and after a
20 public participation process, for operating or capital grants
21 or loans to Service Boards, Transportation Agencies
22 transportation agencies, or units of local government that
23 advance the goals and objectives identified by the Authority
24 in its Strategic Plan, provided that no improvement that has
25 been included in a 5-Year Five-Year Capital Program as of
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1 January 18, 2008 (the effective date of Public Act 95-708)
2 this amendatory Act of the 95th General Assembly may receive
3 any funding from the Innovation, Coordination, and Enhancement
4 Fund. Unless the Board has determined by a supermajority vote
5 of 12 of its then Directors that an emergency exists requiring
6 the use of some or all of the funds then in the Innovation,
7 Coordination, and Enhancement Fund, such funds may only be
8 used to enhance the coordination and integration of public
9 transportation and develop and implement innovations to
10 improve the quality and delivery of public transportation.
11 (b) Any grantee that receives funds from the Innovation,
12 Coordination, and Enhancement Fund for the operation of
13 eligible programs must (i) implement such programs within one
14 year of receipt of such funds and (ii) within 2 years following
15 commencement of any program utilizing such funds, determine
16 whether it is desirable to continue the program, and upon such
17 a determination, either incorporate such program into its
18 annual operating budget and capital program or discontinue
19 such program. No additional funds from the Innovation,
20 Coordination, and Enhancement Fund may be distributed to a
21 grantee for any individual program beyond 2 years unless the
22 Authority by a supermajority the affirmative vote of at least
23 12 of its then Directors waives this limitation. Any such
24 waiver will be with regard to an individual program and with
25 regard to a one-year period one year-period, and any further
26 waivers for such individual program require a subsequent vote
SB2111 Enrolled - 138 - LRB104 09876 LNS 19944 b
1 of the Board.
2 (c) If money in the Authority's budget or reserves is
3 dedicated or allocated to operational expenses, the Authority
4 shall not (i) use that money for capital projects or (ii)
5 transfer that money into an account primarily used to fund
6 capital projects.
7 (Source: P.A. 97-399, eff. 8-16-11; revised 7-10-25.)
8 (70 ILCS 3615/2.01f new)
9 Sec. 2.01f. Service planning.
10 (a) Beginning December 2027, the Authority shall develop a
11 regionally coordinated Service Plan that describes all transit
12 service to be provided in the coming year or years. The
13 Authority may plan service for periods of not less than 1 year
14 and not more than 3 years.
15 (b) To assist in the development of Service Plans, the
16 Authority may issue a request for proposed service plans to
17 all Service Boards. Requests for proposed service plans must
18 indicate the first and last years for which service will be
19 planned and must not cover more than 3 years. Requests for
20 proposed service plans may not be issued to less than all
21 Service Boards.
22 (c) For years in which the Authority is engaged in Service
23 Planning, it shall commence the process by issuing a request
24 for proposed service plans to all the Service Boards by the
25 preceding December 15. The requests for proposed service plans
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1 may include:
2 (1) a description of service improvements and changes
3 that the Authority desires to carry out its Strategic Plan
4 and to implement its service standards;
5 (2) a description of the estimates of revenue for the
6 next fiscal year that the Authority has received from the
7 Director of the Governor's Office of Management and
8 Budget;
9 (3) a directive to the Service Boards to prepare
10 service coverage and service-level scenarios assuming
11 various specified budget allocations for each Service
12 Board;
13 (4) a description of the degree to which Service
14 Boards may make changes to the programmed location,
15 frequency, days, and hours of service provided by the
16 Service Board as compared to the approved service plan and
17 the circumstances under which the changes shall be
18 permitted;
19 (5) the opportunity for the Service Boards to propose
20 service improvements along with estimated costs; and
21 (6) requests for information the Authority deems
22 necessary for the Authority to assess how to most
23 effectively and equitably allocate funds among the Service
24 Boards, including estimates of the resources needed to
25 provide each service-level scenario.
26 (d) By March 31 following the request for proposed service
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1 plans, each Service Board shall present preliminary service
2 proposals in several public hearings conducted by the
3 Authority. A minimum of 3 public hearings shall be held in Cook
4 County, including one in the City of Chicago, and one public
5 hearing shall be held in each of the other counties in the
6 region.
7 (e) By June 30 following the request for proposed service
8 plans, each Service Board shall submit a proposed service plan
9 in response to the Authority's request, prepared in the format
10 requested by the Authority. Proposed service plans shall
11 outline:
12 (1) the operating funding assumptions used by the
13 Service Board to determine that the proposed service is
14 feasible, including any estimates of resources that were
15 requested by the Authority;
16 (2) the location, frequency, days and hours of
17 service, and other details of the service that the Service
18 Board shall provide;
19 (3) the reasons for any changes made to the location,
20 frequency, days, and hours of service provided by the
21 Service Board from the previous service plan;
22 (4) the service requirements applicable to the service
23 provided by the Service Board covering issues such as
24 reliability, cleanliness, and safety; and
25 (5) requirements relating to the Service Board's
26 compliance with Authority fare technology and fare
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1 integration efforts, information technology systems,
2 customer communication systems and protocols, branding and
3 advertising efforts, coordination of schedules, and other
4 requirements designed to improve the integration and
5 quality of public transportation in the metropolitan
6 region.
7 (f) Before voting on any final regionwide Service Plan,
8 the Authority shall hold at least one public hearing on the
9 regionwide Service Plan.
10 (g) Before voting on any final regionwide Service Plan,
11 the Authority shall hold at least one meeting for
12 consideration of the regionwide Service Plan with the county
13 board of each of the several counties in the metropolitan
14 region in which the Service Board provides service.
15 (h) The Board shall review the proposed service plans and
16 compile the plans into a revised, regionwide Service Plan. The
17 Board shall only approve the revised, regionwide Service Plan
18 if it meets the service standards set forth in the Strategic
19 Plan as best as possible considering projected available
20 funds. If the Board fails to approve the revised, regionwide
21 Service Plan, then the Board shall notify each Service Board
22 of any deficiencies identified in that Service Board's
23 contributions to the revised, regionwide Service Plan. The
24 Board shall also notify each Service Board if its reasons for
25 changes from the previous approved service plan fail to comply
26 with any guidance provided by the Board in the previous
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1 request for service plans as described in paragraph (4) of
2 subsection (e). Service Boards shall not continue to operate
3 service changes that the Board deems to have failed to comply
4 with guidance provided by the Board, unless the service is
5 included in the forthcoming regionwide service plan.
6 (i) If the Board has not found that the revised,
7 regionwide Service Plan meets the service standards, the Board
8 shall adopt a regionwide Service Plan that does. In all cases,
9 the Board shall adopt a regionwide Service Plan by no later
10 than August 31 following the request for plans.
11 (70 ILCS 3615/2.01g new)
12 Sec. 2.01g. Performance audits.
13 (a) The Auditor General shall conduct a performance audit
14 of the Authority and Service Boards every 5 years. The
15 Authority and Service Boards shall enter into an
16 intergovernmental agreement with the Auditor General to
17 facilitate the audit.
18 (b) When conducting an audit of the Authority, the Auditor
19 General shall:
20 (1) focus on the quality and cost-effectiveness of the
21 public transportation system, including comparative
22 assessments against the performance of transit systems in
23 comparable metropolitan regions around the world;
24 (2) include recommendations for improvements informed
25 by applicable industry best practices and any legislation
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1 or other steps that governmental bodies could take to
2 facilitate such improvements; and
3 (3) assess the efficacy of the public transportation
4 system in providing affordable transportation; connecting
5 residents to jobs, education, and other opportunities; and
6 improving the environment.
7 When conducting an audit, the Auditor General shall give
8 consideration to limitations experienced by the Commuter Rail
9 Board due to shared infrastructure with freight rail.
10 (c) The Authority may suggest areas of emphasis for the
11 Auditor General to consider, and the Auditor General may, in
12 the Auditor General's discretion, structure the audit and
13 recommendations to help achieve the goal of a well-functioning
14 and efficient regional public transportation system.
15 (d) The Auditor General and the Authority shall coordinate
16 the timing of performance audits so that the findings are
17 available to the Authority at the time when it begins
18 preparing its Strategic Plan and 5-Year Capital Program.
19 (e) The Authority shall reimburse the Auditor General for
20 the costs incurred in conducting the performance audits.
21 (70 ILCS 3615/2.03) (from Ch. 111 2/3, par. 702.03)
22 Sec. 2.03. Operations. A Service Board may provide public
23 transportation by operating public transportation facilities.
24 A Service Board may enter into operating agreements with any
25 individual, corporation or other person or private or public
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1 entity to operate such facilities on behalf of the Service
2 Board. Beginning in 2029, Service Boards may only provide
3 service adhering as closely as possible to that described in
4 the regionwide service plan most recently adopted by the
5 Authority, in the planned scenario that is the closest to the
6 actual revenue available for that year, except as allowed
7 under guidance provided by the Board in the previous request
8 for service plans as described in paragraph (4) of subsection
9 (e) of Section 2.01f.
10 (Source: P.A. 83-886.)
11 (70 ILCS 3615/2.04) (from Ch. 111 2/3, par. 702.04)
12 Sec. 2.04. Fares and Nature of Service.
13 (a) The Authority shall have the sole authority to: (i)
14 set and coordinate fares and charges for public transit
15 services in the metropolitan region, including public
16 transportation provided by Transportation Agencies pursuant to
17 purchase of service or grant agreements with the Authority,
18 and (ii) establish the nature and standards of public transit
19 to be provided in accordance with the Strategic Plan and
20 service standards. However, the Authority may not increase the
21 fares of any service provided by a Service Board until one year
22 after the effective date of this amendatory Act of the 104th
23 General Assembly. Beginning one year after the effective date
24 of this amendatory Act of the 104th General Assembly, the
25 Board may not increase the fares of any Service Board before
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1 evaluating the effects of increase fares. Whenever a Service
2 Board provides any public transportation by operating public
3 transportation facilities, the Service Board shall provide for
4 the level and nature of fares or charges to be made for such
5 services, and the nature and standards of public
6 transportation to be so provided that meet the goals and
7 objectives adopted by the Authority in the Strategic Plan.
8 Provided, however that if the Board adopts a budget and
9 financial plan for a Service Board in accordance with the
10 provisions in Section 4.11(b)(5), the Board may consistent
11 with the terms of any purchase of service contract provide for
12 the level and nature of fares to be made for such services
13 under the jurisdiction of that Service Board, and the nature
14 and standards of public transportation to be so provided.
15 (b) Whenever a Service Board provides any public
16 transportation pursuant to grants made after June 30, 1975, to
17 Transportation Agencies transportation agencies for operating
18 expenses (other than with regard to experimental programs) or
19 pursuant to any purchase of service agreement, the purchase of
20 service agreement or grant contract shall provide for the
21 level and nature of fares or charges to be made for such
22 services, and the nature and standards of public
23 transportation to be so provided. A Service Board shall
24 require all Transportation Agencies transportation agencies
25 with which it contracts, or from which it purchases
26 transportation services or to which it makes grants to provide
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1 half fare transportation for their student riders if any of
2 such agencies provide for half fare transportation to their
3 student riders.
4 (c) In so providing for the fares or charges and the nature
5 and standards of public transportation, any purchase of
6 service agreements or grant contracts shall provide, among
7 other matters, for the terms or cost of transfers or
8 interconnections between different modes of transportation and
9 different public Transportation Agencies transportation
10 agencies, schedules or routes of such service, changes which
11 may be made in such service, the nature and condition of the
12 facilities used in providing service, the manner of collection
13 and disposition of fares or charges, the records and reports
14 to be kept and made concerning such service, for
15 interchangeable tickets or other coordinated or uniform
16 methods of collection of charges, and shall further require
17 that the Transportation Agency transportation agency comply
18 with any determination made by the Board of the Authority
19 under and subject to the provisions of Section 2.12b of this
20 Act. In regard to any such service, the Authority and the
21 Service Boards shall give attention to and may undertake
22 programs to promote use of public transportation and to
23 provide coordinated ticket sales and passenger information. In
24 the case of a grant to a Transportation Agency transportation
25 agency which remains subject to Illinois Commerce Commission
26 supervision and regulation, the Service Boards shall exercise
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1 the powers set forth in this Section in a manner consistent
2 with such supervision and regulation by the Illinois Commerce
3 Commission.
4 (d) The Authority shall develop and implement a regionally
5 coordinated and consolidated fare collection system. By
6 January 1, 2013, the Authority, in consultation with the
7 Service Boards and the general public, must develop a policy
8 regarding transfer fares on all fixed-route public
9 transportation services provided by the Service Boards. The
10 policy shall also set forth the fare sharing agreements
11 between the Service Boards that apply to interagency fare
12 passes and tickets. The policy established by the Authority
13 shall be submitted to each of the Service Boards for its
14 approval or comments and objection. After receiving the
15 policy, the Service Boards have 90 days to approve or take
16 other action regarding the policy. If all of the Service
17 Boards agree to the policy, then a regional agreement shall be
18 created and signed by each of the Service Boards. The terms of
19 the agreement may be changed upon petition by any of the
20 Service Boards and by agreement of the other Service Boards.
21 (e) The Authority may delegate the responsibility for all
22 or some aspects of physical fare collection to the Service
23 Boards. By January 1, 2015, the Authority must develop and
24 implement a regional fare payment system. The regional fare
25 payment system must use and conform with established
26 information security industry standards and requirements of
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1 the financial industry. The system must allow consumers to use
2 contactless credit cards, debit cards, and prepaid cards to
3 pay for all fixed-route public transportation services.
4 Beginning in 2012 and each year thereafter until 2015, the
5 Authority must submit an annual report to the Governor and
6 General Assembly describing the progress of the Authority and
7 each of the Service Boards in implementing the regional fare
8 payment system. The Authority must adopt rules to implement
9 the requirements set forth in this Section.
10 (f) Prior to adopting any fare structure ordinance, the
11 Authority shall allow a reasonable time for public input and
12 hold public hearings under subsection (e-5) of Section 5.01.
13 (g) The Authority shall submit the proposed fare structure
14 ordinance to each Service Board for feedback.
15 (h) By no later than January 1, 2028, the Authority, in
16 coordination with the Service Boards, shall undertake a joint
17 procurement for a next generation fare collection system,
18 which shall include, among other things, a unified mobile
19 ticket application, that shall be procured and implemented by
20 the Authority by February 1, 2030, as a unified regional fare
21 payment system. All agreements for, or related to, a regional
22 fare payment system must include provisions for data sharing
23 that allow the Authority and the Service Boards access to all
24 data generated by the fare collection system.
25 (i) Whenever the Authority adopts a fare policy
26 establishing or modifying interagency passes, tickets, or
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1 transfers, the policy shall also set forth the fare-sharing
2 agreements between the Service Boards that apply to the
3 revenue raised from interagency fare passes, tickets, and
4 transfers. Except as specified in such an agreement, all fare
5 revenue generated and received by the Authority shall be
6 disbursed by the Authority to the Service Board responsible
7 for generating the revenue.
8 (j)(1) The Authority shall have sole authority over and be
9 responsible for administering all special fare programs,
10 including free and reduced fares for seniors and people with
11 disabilities, and other special fare programs.
12 (2) To the extent required by Section 3-33-160 of the
13 Chicago Municipal Code, the Authority and the Chicago Transit
14 Agency shall provide for free rides for active duty military
15 personnel in uniform or with appropriate identification, and
16 disabled veterans of the United States Armed Forces.
17 (3) Any fixed-route public transportation services
18 provided by, or under grant or purchase of service contracts
19 of, a Service Board shall be provided without charge to senior
20 citizens aged 65 and older, and all persons with a disability,
21 who meet the income eligibility limitation set forth in
22 subsection (a-5) of Section 4 of the Senior Citizens and
23 Persons with Disabilities Property Tax Relief Act, under such
24 conditions as shall be prescribed by Authority. The Department
25 on Aging shall furnish all information reasonably necessary to
26 determine eligibility, including updated lists of individuals
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1 who are eligible for services without charge under this
2 Section. After an initial eligibility determination is made,
3 an individual's eligibility for free services shall
4 automatically renew every 5 years after receipt by the
5 Authority of a copy of the individual's government-issued
6 identification card validating Illinois residency. Nothing in
7 this Section shall relieve the Authority from providing
8 reduced fares as may be required by federal law. The Authority
9 shall provide the Department of Public Health with a monthly
10 list of all riders that receive free or reduced fares under
11 this subsection. The list shall include an individual's name,
12 address, and date of birth. The Department of Public Health
13 shall, within 2 weeks after receipt of the list, report back to
14 the Authority any discrepancies that indicate that a rider
15 receiving free or reduced fare services is deceased. The
16 Authority, upon receipt of the report from the Department of
17 Public Health, shall take appropriate steps to remove any
18 deceased individual's name from the list of individuals
19 eligible under the free or reduced fare programs.
20 (4) By no later than 2 years after the effective date of
21 this amendatory Act of the 104th General Assembly, the
22 Authority shall develop the following programs:
23 (A) An income-based reduced fare program for:
24 (i) veterans;
25 (ii) any United States resident who is 17 years of
26 age or older and has been in and left the physical
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1 custody of the Department of Corrections within the
2 last 36 months; and
3 (iii) individuals experiencing homelessness.
4 (B) A free and reduced fare program for domestic
5 violence and sexual assault survivors, which shall provide
6 free and reduced fares to survivors of domestic violence
7 and sexual assault. The Authority shall not require
8 domestic violence or sexual assault programs to report or
9 share information related to individual program
10 participants or applicants.
11 (C) A program across public transportation service
12 providers for providing free services to a rider for any
13 additional fares for the duration of a daily, weekly,
14 monthly, or 30-day pass once the rider has purchased
15 enough regular one-way fares to reach an amount that is no
16 less than the cost of an applicable pass.
17 (k) The Authority shall provide regular annual reports to
18 the Governor and General Assembly on progress made in
19 implementing the changes made to this Act by this amendatory
20 Act of the 104th General Assembly under subsections (f) and
21 (g) of this Section as outlined under Section 2.44.
22 (Source: P.A. 97-85, eff. 7-7-11.)
23 (70 ILCS 3615/2.05) (from Ch. 111 2/3, par. 702.05)
24 Sec. 2.05. Centralized Services; Acquisition and
25 Construction.
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1 (a) The Authority may at the request of two or more Service
2 Boards, serve, or designate a Service Board to serve, as a
3 centralized purchasing agent for the Service Boards so
4 requesting.
5 (b) The Authority may at the request of two or more Service
6 Boards perform other centralized services such as ridership
7 information and transfers between services under the
8 jurisdiction of the Service Boards where such centralized
9 services financially benefit the region as a whole. Provided,
10 however, that the Board may require transfers only upon a
11 supermajority an affirmative vote of 12 of its then Directors.
12 (c) A Service Board or the Authority may for the benefit of
13 a Service Board, to meet its purposes, construct or acquire
14 any public transportation facility for use by a Service Board
15 or for use by any Transportation Agency transportation agency
16 and may acquire any such facilities from any Transportation
17 Agency transportation agency, including also without
18 limitation any reserve funds, employees' pension or retirement
19 funds, special funds, franchises, licenses, patents, permits
20 and papers, documents and records of the agency. In connection
21 with any such acquisition from a Transportation Agency
22 transportation agency the Authority may assume obligations of
23 the Transportation Agency transportation agency with regard to
24 such facilities or property or public transportation
25 operations of such agency.
26 In connection with any construction or acquisition, the
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1 Authority shall make relocation payments as may be required by
2 federal law or by the requirements of any federal agency
3 authorized to administer any federal program of aid.
4 (d) The Authority shall, after consulting with the Service
5 Boards, develop regionally coordinated and consolidated sales,
6 marketing, advertising, and public information programs that
7 promote the use and coordination of, and transfers among,
8 public transportation services in the metropolitan region. The
9 Authority shall develop and adopt, with a supermajority the
10 affirmative vote of at least 12 of its then Directors, rules
11 and regulations for the Authority and the Service Boards
12 regarding such programs to ensure that the Service Boards'
13 independent programs conform with the Authority's regional
14 programs.
15 (e) By July 1, 2028, the Authority shall manage digital
16 and web-based trip-planning and real-time vehicle arrival
17 information for use by riders for all public transportation
18 services in northeastern Illinois, including demand-response
19 modes. Relevant Service Board infrastructure, digital assets,
20 technology, administrative support, and contracts may be
21 transferred to the Authority for future centralized customer
22 information services.
23 (Source: P.A. 95-708, eff. 1-18-08.)
24 (70 ILCS 3615/2.06.2 new)
25 Sec. 2.06.2. Pedestrian access to transit.
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1 (a) As part of its Strategic Plan, the Authority shall
2 identify and prioritize sidewalk and other improvements needed
3 to provide safe pedestrian access to transit service stops.
4 (b) When any unit of local government in the metropolitan
5 region undertakes a new construction or reconstruction project
6 on a roadway under its jurisdiction that has bus stops, rail
7 stations, or other fixed location transit service stops where
8 a person can board or alight public transportation vehicles or
9 that intersects with a roadway that provides access to the
10 transit service stop within one-quarter mile, then the project
11 scope may include the addition of sidewalks or shared-use
12 paths to connect the transit stops to any existing sidewalks
13 or paths within 500 feet of the project. The unit of local
14 government in the metropolitan region may also include the
15 addition of concrete sidewalk boarding areas, which may
16 connect to the sidewalk, for any existing or new transit stops
17 within the project limits and may add a shelter, if
18 appropriate, based on rules the Authority develops for transit
19 service stops.
20 (c) If a unit of local government in the metropolitan
21 region includes a project listed subsection (b) in its
22 construction or reconstruction project, then the unit of local
23 government may seek reimbursement from the Authority for
24 capital costs associated with the requirements of this
25 Section, including signal improvements, ADA accommodations,
26 and other pay items appurtenant to the construction of
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1 sidewalks, shelters, and concrete boarding areas. If
2 right-of-way acquisition is required to construct the
3 improvements, then the unit of local government may elect not
4 to include these improvements in its construction contract.
5 Units of local government in the metropolitan region shall
6 comply with all applicable requirements of the Department of
7 Transportation in carrying out improvements under this
8 Section.
9 (d) The Authority shall, by ordinance, provide rules for
10 the program described in this Section, including rules
11 restricting reimbursement to pay items not already required by
12 the Department of Transportation, and it may elect to
13 establish an annual not-to-exceed amount for the program and
14 require cost-sharing by grantees. The Authority shall use only
15 capital funding for any program established under this
16 Section.
17 (70 ILCS 3615/2.07) (from Ch. 111 2/3, par. 702.07)
18 Sec. 2.07. Extraterritorial authority Extra-territorial
19 Authority. To In order to provide or assist any transportation
20 of members of the general public between points in the
21 metropolitan region and points outside the metropolitan
22 region, whether in this State, or in Wisconsin, or Indiana,
23 the Authority may at the request and for the benefit of a
24 Service Board, by ordinance, enter into agreements with any
25 unit of local government, individual, corporation or other
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1 business entity, or other person or public agency in or of any
2 such state or any private entity for such service. Such
3 agreements may provide for participation by the Authority a
4 Service Board in providing such service and for grants by the
5 Authority a Service Board in connection with any such service,
6 and may, subject to federal and State law, set forth any terms
7 relating to such service, including coordinating such service
8 with public transportation in the metropolitan region. Such
9 agreement may be for such number of years or duration as the
10 parties may agree. In regard to any such agreements or grants,
11 the Authority a Service Board shall consider the benefit to
12 the metropolitan region and the financial contribution with
13 regard to such service made or to be made from public funds in
14 such areas served outside the metropolitan region. Nothing in
15 this Section prevents the Board of the Commuter Rail Division
16 of the Authority from entering into agreements to provide
17 service, or the Northeast Illinois Regional Commuter Railroad
18 Corporation from providing service, between points outside the
19 metropolitan region when it is deemed beneficial to the State,
20 the Authority, the Services Boards, or the Northeast Illinois
21 Regional Commuter Railroad Corporation.
22 (Source: P.A. 83-886.)
23 (70 ILCS 3615/2.08) (from Ch. 111 2/3, par. 702.08)
24 Sec. 2.08. Protection Against Crime. The Authority shall
25 cooperate with the various State, municipal, sheriff's and
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1 transportation agency police forces in the metropolitan region
2 for the protection of employees and consumers of public
3 transportation services and public transportation facilities
4 against crime. The Authority may provide by ordinance for an
5 Authority police force to aid, coordinate and supplement other
6 police forces in protecting persons and property and reducing
7 the threats of crime with regard to public transportation.
8 Such police shall have the same powers with regard to such
9 protection of persons and property as those exercised by
10 police of municipalities and may include members of other
11 police forces in the metropolitan region. The Authority shall
12 establish minimum standards for selection and training of
13 members of such police force employed by it. Training shall be
14 accomplished at schools certified by the Illinois Law
15 Enforcement Training Standards Board established pursuant to
16 the Illinois Police Training Act. Such training shall be
17 subject to the rules and standards adopted pursuant to Section
18 7 of that Act. The Authority may participate in any training
19 program conducted under that Act. The Authority may provide
20 for the coordination or consolidation of security services and
21 police forces maintained with regard to public transportation
22 services and facilities by various transportation agencies and
23 may contract with any municipality or county in the
24 metropolitan region to provide protection of persons or
25 property with regard to public transportation. Employees of
26 the Authority or of any transportation agency affected by any
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1 action of the Authority under this Section shall be provided
2 the protection set forth in Section 2.16. Neither the
3 Authority, the Suburban Bus Division, the Commuter Rail
4 Division, the Chicago Transit Authority, nor any of their
5 Directors, officers, or employees shall be held liable for
6 failure to provide a security or police force or, if a security
7 or police force is provided, for failure to provide adequate
8 police protection or security, failure to prevent the
9 commission of crimes by fellow passengers or other third
10 persons or for the failure to apprehend criminals.
11 (Source: P.A. 91-357, eff. 7-29-99.)
12 (70 ILCS 3615/2.09) (from Ch. 111 2/3, par. 702.09)
13 Sec. 2.09. Research and Development.
14 (a) The Authority and the Service Boards shall study
15 public transportation problems and developments; encourage
16 experimentation in developing new public transportation
17 technology, financing methods, and management procedures;
18 conduct, in cooperation with other public and private
19 agencies, studies, demonstrations, and demonstration and
20 development projects to test and develop methods for improving
21 public transportation, for reducing its costs to users or for
22 increasing public use; and conduct, sponsor, and participate
23 in other studies and experiments, which may include fare
24 demonstration programs, and transportation technology pilot
25 programs, in conjunction with private parties and public
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1 agencies, including the United States Department of
2 Transportation, the Department of Transportation, the Illinois
3 State Toll Highway Authority, and the Chicago Metropolitan
4 Agency for Planning, as are useful in to achieving the
5 purposes of this Act. The cost for any such item authorized by
6 this Section may be exempted by the Board in a budget ordinance
7 from the "costs" included in determining that the Authority
8 and its service boards meet the farebox recovery ratio or
9 system generated revenues recovery ratio requirements of
10 Sections 3A.10, 3B.10, 4.01(b), 4.09 and 4.11 of this Act and
11 Section 34 of the Metropolitan Transit Authority Act during
12 the Authority's fiscal year which begins January 1, 1986 and
13 ends December 31, 1986, provided that the cost of any item
14 authorized herein must be specifically approved within the
15 budget adopted pursuant to Sections 4.01 and 4.11 of this Act
16 for that fiscal year.
17 (b) (Blank). To improve public transportation service in
18 areas of the metropolitan region with limited access to
19 commuter rail service, the Authority and the Suburban Bus
20 Division shall evaluate the feasibility of implementing new
21 bus rapid transit services using the expressway and tollway
22 systems in the metropolitan region. The Illinois Department of
23 Transportation and the Illinois Toll Highway Authority shall
24 work cooperatively with the Authority and the Suburban Bus
25 Division in that evaluation and in the implementation of bus
26 rapid transit services. The Authority and the Suburban Bus
SB2111 Enrolled - 160 - LRB104 09876 LNS 19944 b
1 Division, in cooperation with the Illinois Department of
2 Transportation, shall develop a bus rapid transit
3 demonstration project on Interstate 55 located in Will,
4 DuPage, and Cook Counties. This demonstration project shall
5 test and refine approaches to bus rapid transit operations in
6 the expressway or tollway shoulder or regular travel lanes and
7 shall investigate technology options that facilitate the
8 shared use of the transit lane and provide revenue for
9 financing construction and operation of public transportation
10 facilities.
11 (c) (Blank). The Suburban Bus Division and the Authority
12 shall cooperate in the development, funding, and operation of
13 programs to enhance access to job markets for residents in
14 south suburban Cook County. Beginning in 2008, the Authority
15 shall allocate to the Suburban Bus Division an amount not less
16 than $3,750,000, and beginning in 2009 an amount not less than
17 $7,500,000 annually for the costs of such programs.
18 (Source: P.A. 95-708, eff. 1-18-08.)
19 (70 ILCS 3615/2.10) (from Ch. 111 2/3, par. 702.10)
20 Sec. 2.10. Protection of the Environment.
21 (a) The Authority shall take all feasible and prudent
22 steps to minimize environmental disruption and pollution
23 arising from its activities and from public transportation
24 activities of Transportation Agencies acting under purchase of
25 service or grant agreements. In carrying out its purposes and
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1 powers under this Act, the Authority shall seek to reduce
2 environmental disruption and pollution arising from all forms
3 of transportation of persons within the metropolitan region.
4 The Authority shall employ persons with skills and
5 responsibilities for determining how to minimize such
6 disruption and pollution.
7 (b) In recognition of the fact that the transportation
8 sector accounts for approximately one-third of the greenhouse
9 gases generated in the State and that public transportation
10 moves people with fewer emissions than other motorized modes
11 of transportation, the Authority shall work cooperatively with
12 the Department of Transportation, the Illinois State Toll
13 Highway, the Chicago Metropolitan Agency for Planning, and
14 other units of government in the region to assist them in using
15 investments in public transportation facilities and operations
16 as a tool to help them meet their greenhouse gas emission
17 reduction goals. To the maximum extent allowed by law, the
18 Authority is eligible to receive funding and other assistance
19 from local, state, and federal sources so the Authority can
20 assist in using improved and expanded public transportation in
21 the metropolitan region to reduce greenhouse gas emissions and
22 other pollution generated by the transportation sector. The
23 Authority and the Service Boards shall take all feasible and
24 prudent steps to minimize environmental disruption and
25 pollution arising from its activities or from public
26 transportation activities of transportation agencies acting
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1 pursuant to purchase of service agreements. In carrying out
2 its purposes and powers under this Act, the Authority and the
3 Service Boards shall seek to reduce environmental disruption
4 and pollution arising from all forms of transportation of
5 persons within the metropolitan region. The Service Boards
6 shall employ persons with skills and responsibilities for
7 determining means to minimize such disruption and pollution.
8 (Source: P.A. 83-886.)
9 (70 ILCS 3615/2.10a)
10 Sec. 2.10a. Zero-emission buses.
11 (a) As used in this Section:
12 "Zero-emission bus" means a bus that is:
13 (1) designed to carry more than 10 passengers and is
14 used to carry passengers for compensation.
15 (2) a zero-emission vehicle; and
16 (3) not a taxi.
17 "Zero-emission vehicle" means a fuel cell or electric
18 vehicle that:
19 (1) is a motor vehicle;
20 (2) is made by a commercial manufacturer;
21 (3) is manufactured primarily for use on public
22 streets, roads, and highways;
23 (4) has a maximum speed capability of at least 55
24 miles per hour;
25 (5) is powered entirely by electricity or powered by
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1 combining hydrogen and oxygen, which runs the motor;
2 (6) has an operating range of at least 100 miles; and
3 (7) produces only water vapor and heat as byproducts.
4 (b) The Authority On or after July 1, 2026, a Service Board
5 may not enter into a new contract to purchase a bus that is not
6 a zero-emission bus for the purpose of a the Service Board's
7 transit bus fleet.
8 (c) For the purposes of determining compliance with this
9 Section, the Authority a Service Board shall not be deemed to
10 be in violation of this Section when failure to comply is due
11 to:
12 (1) the unavailability of zero-emission buses from a
13 manufacturer or funding to purchase zero-emission buses;
14 (2) the lack of necessary charging, fueling, or
15 storage facilities or funding to procure charging,
16 fueling, or storage facilities; or
17 (3) the inability of a third party to enter into a
18 contractual or commercial relationship with the Authority
19 a Service Board that is necessary to carry out the
20 purposes of this Section.
21 (Source: P.A. 103-281, eff. 1-1-24.)
22 (70 ILCS 3615/2.10b new)
23 Sec. 2.10b. Traffic law enforcement.
24 (a) The Authority shall cooperate with local governments
25 and law enforcement agencies in the metropolitan region on the
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1 enforcement of laws designed to protect the quality and safety
2 of public transportation operations, such as laws prohibiting
3 unauthorized vehicles from blocking bus stops, bus lanes, or
4 other facilities designated for use by transit vehicles and
5 transit users.
6 (b) Local governments and law enforcement agencies in the
7 metropolitan region may accept photographic, video, or other
8 records derived from cameras and other sensors on public
9 transportation vehicles and facilities as prima facie evidence
10 of a violation of laws that protect the quality and safety of
11 public transportation operations.
12 (c) The Authority may establish by rule an enforcement
13 program that covers jurisdictions in the metropolitan region
14 that lack laws that protect the quality and safety of public
15 transportation operations or that, in the Authority's sole
16 discretion, fail to adequately enforce laws protecting the
17 quality and safety of public transit operations.
18 (d) An enforcement program established under this Section
19 shall contain the following elements:
20 (1) clear definitions of what constitutes a civil
21 violation, such as provisions specifying the number of
22 feet around bus stops where unauthorized vehicles are
23 prohibited from parking;
24 (2) publication on the Authority's website of
25 descriptions and locations of public transportation
26 facilities that are subject to the Authority's enforcement
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1 program and other pertinent information about the
2 enforcement program, and clearly posted signs on or near
3 such public transportation facilities visible to drivers;
4 (3) a description of the types of evidence, such as
5 bus camera photos or video, which are sufficient to make a
6 prima facie case that a vehicle or person has violated an
7 Authority enforcement rule;
8 (4) provision of adequate notice of an alleged
9 violation to the registered owner of the vehicle,
10 including, but not limited to: the date, time and location
11 of any violation; the particular regulation violated; the
12 fine and any penalty that may be assessed for late
13 payment; the vehicle make and model, or a photograph of
14 the vehicle; the state registration number of the vehicle;
15 the identification number of the person issuing the
16 notice; information as to the availability of a hearing in
17 which the violation may be contested on its merits; and,
18 service of the notice by first-class mail;
19 (5) an administrative adjudication process that gives
20 registered vehicle owners an opportunity to appear before
21 a neutral party appointed by the Authority to contest the
22 violation on its merits;
23 (6) a process through which the hearing officer may
24 consider in defense of a violation: (i) that the motor
25 vehicle or registration plates or digital registration
26 plates of the motor vehicle were stolen before the
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1 violation occurred and not under the control of or in the
2 possession of the owner or lessee at the time of the
3 violation; (ii) that the motor vehicle was hijacked before
4 the violation occurred and not under the control of or in
5 the possession of the owner or lessee at the time of the
6 violation; (iii) that the driver of the vehicle entered
7 the designated bus lane in order to yield the right-of-way
8 to an emergency vehicle; (iv) that the motor vehicle was
9 under the control of or in the possession of a lessee
10 pursuant to a written lease agreement at the time of the
11 violation, so the lessee should be held liable for the
12 violation; or (v) any other evidence or issues provided by
13 Authority rulemaking;
14 (7) use of tools, such as remote hearings and
15 allowance of online submission of documents contesting an
16 alleged violation, to provide alleged violators an
17 adequate opportunity to contest their alleged violation;
18 (8) civil violation fees that are no higher than the
19 highest administrative fees imposed for similar violations
20 by other public agencies in the metropolitan region; and
21 (9) appropriate and legally required data privacy and
22 personal identifying information protections.
23 (e) The Authority shall:
24 (1) cooperate with local governments and law
25 enforcement agencies to help improve their enforcement of
26 their laws that are designed to improve the quality and
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1 safety of public transportation operations;
2 (2) inform and consult with local governments and law
3 enforcement agencies in jurisdictions in which the
4 Authority is establishing and operating an enforcement
5 program under subsections (c) and (d); and
6 (3) enter into a revenue sharing agreement with each
7 local government in jurisdictions in which the Authority
8 is establishing and operating an enforcement program under
9 subsections (c) and (d).
10 (i) The agreement shall specify what share of fee
11 revenue resulting from violations within the
12 jurisdiction of a local government shall be disbursed
13 by the Authority to that local government.
14 (ii) The share of revenue retained by the
15 Authority under the agreement shall be at least
16 sufficient to cover administrative and
17 equipment-related costs required to operate the
18 enforcement program within that jurisdiction.
19 (f) In its enforcement programs, if any, under subsection
20 (c) and through its cooperation with local governments and law
21 enforcement agencies on their enforcement programs, the
22 Authority shall strive for as much standardization as feasible
23 throughout the metropolitan region in enforcement programs
24 designed to improve the quality and safety of public
25 transportation operations.
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1 (70 ILCS 3615/2.11) (from Ch. 111 2/3, par. 702.11)
2 Sec. 2.11. Safety.
3 (a) The Service Boards may establish, enforce and
4 facilitate achievement and maintenance of standards of safety
5 against accidents with respect to public transportation
6 provided by the Service Boards or by Transportation Agencies
7 transportation agencies pursuant to purchase of service
8 agreements with the Service Boards. However, Sections 18c-7401
9 and 18c-7402 of the Illinois Commercial Transportation Law and
10 all rules adopted by the Illinois Commerce Commission adopted
11 under Sections 18c-7401 and 18c-7402 of the Illinois
12 Commercial Transportation Law shall continue to apply to the
13 Service Boards. The provisions of general or special orders,
14 rules or regulations issued by the Illinois Commerce
15 Commission pursuant to Section 57 of "An Act concerning public
16 utilities", approved June 29, 1921, as amended, which pertain
17 to public transportation and public transportation facilities
18 of railroads will continue to apply until the Service Board
19 determines that different standards are necessary to protect
20 such health and safety.
21 (b) (Blank).
22 (c) The security portion of the system safety program,
23 investigation reports, surveys, schedules, lists, or data
24 compiled, collected, or prepared by or for the Authority under
25 this subsection, shall not be subject to discovery or admitted
26 into evidence in federal or State court or considered for
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1 other purposes in any civil action for damages arising from
2 any matter mentioned or addressed in such reports, surveys,
3 schedules, lists, data, or information.
4 (d) Neither the Authority nor its directors, officers, or
5 employees nor any Service Board subject to this Section nor
6 its directors, officers, or employees shall be held liable in
7 any civil action for any injury to any person or property for
8 any acts or omissions or failure to act under this Section or
9 pursuant to 49 CFR Part 659 as now or hereafter amended.
10 (e) Nothing in this Section alleviates an individual's
11 duty to comply with the State Officials and Employees Ethics
12 Act.
13 (Source: P.A. 102-559, eff. 8-20-21.)
14 (70 ILCS 3615/2.11.05 new)
15 Sec. 2.11.05. NITA Law Enforcement Task Force.
16 (a) The Cook County Sheriff shall establish a
17 multijurisdictional NITA Law Enforcement Task Force led by the
18 Cook County Sheriff's Office in cooperation with the Chicago
19 Police Department, the Metra Police, the Illinois State
20 Police, the sheriff's offices of other counties in the
21 metropolitan region, and other municipal police departments in
22 the metropolitan region. Law enforcement agencies within the
23 metropolitan region not explicitly named in this subsection
24 may participate on the Task Force upon request of the Cook
25 County Sheriff.
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1 (b) The Task Force shall be created under an
2 intergovernmental agreement and be dedicated to combating
3 violent and other types of crime with the primary mission of
4 preservation of life and reducing the occurrence and the fear
5 of crime on the public transit system of the Northern Illinois
6 Transit Authority. The objectives of the Task Force shall
7 include, but shall not be limited to, reducing and preventing
8 violent crimes and other illegal activities. The Task Force
9 shall also assist and coordinate with the Chief Transit Safety
10 Officer in the Chief Transit Safety Officer's efforts to
11 enforce the Authority's and Service Boards' codes of conduct
12 and to solve quality of life issues for transit riders and
13 staff.
14 (c) The Task Force may develop and acquire information,
15 training, tools, and resources necessary to implement a
16 data-driven approach to policing, with an emphasis on:
17 (1) preventing violent crime in known hotspots,
18 property crime, and code of conduct violations that are
19 crimes; and
20 (2) identifying and arresting persons accused of
21 violent crime.
22 (d) The Task Force may use information sharing,
23 partnerships, crime analysis, and evidence-based practices to
24 assist in the reduction of violent crime, property crime, and
25 other code of conduct violations.
26 (e) The Task Force shall recognize and use best practices
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1 of community-oriented policing and procedural justice. The
2 Task Force may develop potential partnerships with faith-based
3 and community organizations to achieve its goals, including,
4 but not limited to, partnering with social service
5 organizations, to assist persons experiencing homelessness
6 obtain shelter and other services and to assist persons
7 experiencing a mental health or behavioral crisis in
8 connecting with appropriate services.
9 (f) The Task Force shall identify and use best practices
10 in deflection and diversion programs and other community-based
11 services to redirect low level offenders and persons charged
12 with nonviolent offenses.
13 (g) The Task Force shall engage in violence suppression
14 strategies, including, but not limited to, details in
15 identified locations that have shown to be the most prone to
16 gun violence and violent crime, focused deterrence against
17 violent gangs and groups considered responsible for the
18 violence in the transit system, and other intelligence driven
19 methods deemed necessary to implement the Task Force's
20 objectives.
21 (h) To implement this Section, the Cook County Sheriff may
22 establish intergovernmental agreements with law enforcement
23 agencies in accordance with the Intergovernmental Cooperation
24 Act.
25 (i) Law enforcement agencies that are party to an
26 intergovernmental agreement established under subsection (b)
SB2111 Enrolled - 172 - LRB104 09876 LNS 19944 b
1 or (h) and that participate in activities described in
2 subsections (c) through (g) may claim funds to defray
3 increased costs incurred by participation in the Task Force
4 from any available moneys provided in support of the Task
5 Force.
6 (j) The Chicago Police Department shall use any resources
7 provided for participation in the Task Force to supplement,
8 not supplant, existing force strength currently assigned to
9 the Mass Transit Unit within the Chicago Police Department.
10 (k) The Authority shall provide technical, operational,
11 and material assistance to the Task Force as necessary. The
12 Authority's Chief Transit Safety Officer or the Chief Transit
13 Safety Officer's designee shall participate in the Task Force
14 to facilitate information sharing.
15 (l) The Task Force shall coordinate with the Chief Transit
16 Safety Officer to identify which code of conduct violations
17 and quality of life issues shall fall under the Task Force's
18 purview, which shall fall under the transit ambassadors'
19 purview, and which shall require the Task Force and transit
20 ambassadors to respond.
21 (m) Within 6 months after the effective date of this
22 amendatory Act of the 104th General Assembly, the Task Force
23 shall prepare a report of recommendations for ongoing law
24 enforcement strategies, tactics, and best practices for the
25 Northern Illinois Transit Authority transit system. The report
26 shall also make recommendations to be used by the Authority in
SB2111 Enrolled - 173 - LRB104 09876 LNS 19944 b
1 implementing a sworn law enforcement officer crime prevention
2 program on public transportation and a crime prevention plan
3 to protect public transportation employees and riders in the
4 metropolitan region. The Report shall be submitted to the
5 Coordinated Safety Response Council created under Section
6 2.11.20.
7 (n) The Task Force shall disband 3 years after the
8 effective date of this amendatory Act of the 104th General
9 Assembly or upon the Authority's transition to a sworn law
10 enforcement officer crime prevention program on public
11 transportation and a crime prevention plan to protect public
12 transportation employees and riders in the metropolitan
13 region, whichever event occurs first.
14 (o) Prior to disbanding, the Task Force shall cooperate
15 with the Office of Transit Safety and Experience to develop a
16 plan to transition from the Task Force to a sworn law
17 enforcement officer crime prevention program on public
18 transportation and a crime prevention plan to protect public
19 transportation employees and riders in the metropolitan
20 region.
21 (70 ILCS 3615/2.11.10 new)
22 Sec. 2.11.10. Vote on sworn officer crime prevention
23 program.
24 (a) Within 1 year after the effective date of this
25 amendatory Act of the 104th General Assembly, the Authority
SB2111 Enrolled - 174 - LRB104 09876 LNS 19944 b
1 shall vote to implement a sworn law enforcement officer crime
2 prevention program on public transportation and a crime
3 prevention plan to protect public transportation employees and
4 riders in the metropolitan region.
5 (b) The strategy to be implemented using sworn law
6 enforcement to respond to crime on public transportation in
7 the metropolitan region and to protect public transportation
8 employees and riders shall be approved by a supermajority
9 vote. In taking this vote, the Board shall consider
10 recommendations provided by the NITA Law Enforcement Task
11 Force, findings from the Coordinated Safety Council's report
12 on the feasibility, advisability, and necessity of the
13 program, and recommendations from the Safety Subcommittee.
14 (c) Within 60 days of the vote to implement a sworn law
15 enforcement officer crime prevention program on public
16 transportation and a crime prevention plan to protect public
17 transportation employees and riders in the metropolitan
18 region, the Office of Transit Safety and Experience shall
19 develop an Operational Plan to implement the selected
20 strategy. The Operational Plan shall include the steps and
21 schedule for transitioning from the Task Force to the sworn
22 law enforcement officer crime prevention program on public
23 transportation and the crime prevention plan to protect public
24 transportation employees and riders in the metropolitan
25 region.
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1 (70 ILCS 3615/2.11.15 new)
2 Sec. 2.11.15. Office of Transit Safety and Experience.
3 (a) The Authority shall establish an Office of Transit
4 Safety and Experience.
5 (b) The Office shall be responsible for:
6 (1) developing, implementing, and overseeing a
7 regionwide safety strategy, working with the Coordinated
8 Safety Response Council;
9 (2) promoting code of conduct compliance and the
10 safety of riders and workers;
11 (3) developing safety standards under subsection (a)
12 of Section 2.11.30;
13 (4) making recommendations relating to system safety
14 for inclusion in the Authority's Strategic Plan, Annual
15 Budget and 2-Year Financial Plan, 5-Year Capital Program,
16 and other projects and programs;
17 (5) making any reports and plans regarding rider and
18 worker safety required under this Act;
19 (6) overseeing the enforcement and facilitation of the
20 achievement and maintenance of safety standards, the
21 implementation of safety tools and technologies, and the
22 conducting of customer satisfaction polling under Section
23 2.11;
24 (7) coordinating and liaising with law enforcement
25 agencies, the Task Force, social service agencies, and
26 other government agencies or nongovernmental agencies
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1 serving the metropolitan region on safety issues and
2 initiatives;
3 (8) strategizing and partnering with law enforcement
4 agencies as appropriate to ensure as much as possible that
5 the response to safety incidents on public transit
6 facilities occurs pursuant to the sworn law enforcement
7 officer crime prevention program on public transportation,
8 the crime prevention plan to protect public transportation
9 employees and riders in the metropolitan region, and the
10 incident response deployment strategy developed by the
11 Safety Coordination Council;
12 (9) developing and overseeing policies and programs to
13 assist riders in their use of the transit system and to
14 connect them to other beneficial government and social
15 services, including through partnerships and contracts
16 with social service agencies and nongovernmental agencies
17 that conduct outreach and provide assistance to unhoused
18 riders;
19 (10) collecting and analyzing data on safety incidents
20 occurring on public transportation in the metropolitan
21 region; and
22 (11) developing and implementing policies and
23 procedures for riders to provide compliments and
24 complaints about their experiences on public
25 transportation in the metropolitan region.
26 (c) The Executive Director of the Authority shall, subject
SB2111 Enrolled - 177 - LRB104 09876 LNS 19944 b
1 to the Board's approval, designate a full-time Chief Transit
2 Safety Officer to lead and manage the Office of Transit Safety
3 and Experience. The Chief Transit Safety Officer shall have
4 previously served in a supervisory capacity at a law
5 enforcement agency and report directly to the Executive
6 Director. The Chief Transit Safety Officer shall receive the
7 same training that all members of the Coordinated Safety
8 Response Council receive under subsection (h) of Section
9 2.11.20.
10 (d) Personnel within the Office for Transit Safety and
11 Experience may be organized or assigned into bureaus,
12 sections, or divisions as determined by the Executive Director
13 pursuant to the authority granted by this Act.
14 (e) To implement this Section, the Authority may establish
15 intergovernmental agreements with law enforcement agencies in
16 accordance with the Intergovernmental Cooperation Act.
17 (f) To implement this Section, the Authority shall enter
18 into contracts with nongovernmental agencies to provide, or
19 create using the staff of the Authority, programs that offer
20 outreach and assistance to riders that are unhoused, that
21 suffer from mental health issues, or that otherwise may
22 benefit from social services in order to implement the
23 recommendations of the study conducted by the Coordinated
24 Safety Response Council within 12 months of the delivery of
25 the report.
26 (g) Law enforcement agencies that are party to
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1 intergovernmental agreements and nongovernmental agencies that
2 enter into contracts with the Authority to implement the sworn
3 law enforcement officer crime prevention program on public
4 transportation, the crime prevention plan to protect public
5 transportation employees and riders in the metropolitan
6 region, the incident response deployment strategy, or a
7 combination thereof may claim funds to defray increased costs
8 incurred by participation in those programs from any available
9 moneys provided in support of the programs.
10 (h) The Chicago Police Department shall use any resources
11 provided to implement the sworn law enforcement officer crime
12 prevention program on public transportation, the crime
13 prevention plan to protect public transportation employees and
14 riders in the metropolitan region, the incident response
15 deployment strategy or combination thereof to supplement, not
16 supplant, existing force strength currently assigned to the
17 Mass Transit Unit within the Chicago Police Department.
18 (70 ILCS 3615/2.11.20 new)
19 Sec. 2.11.20. Coordinated Safety Response Council.
20 (a) The Office of Transit Safety and Experience shall
21 create a standing Coordinated Safety Response Council to
22 facilitate collaboration and synchronization among government
23 agencies and nongovernmental agencies to address safety issues
24 and social service needs for individuals working or riding on
25 public transportations in the metropolitan region.
SB2111 Enrolled - 179 - LRB104 09876 LNS 19944 b
1 (b) The Office of Transit Safety and Experience shall
2 invite organizations to be members of the Coordinated Safety
3 Response Council. Membership may include major law enforcement
4 agencies and social service providers in the area served by
5 the transit system. Membership shall include, at minimum,
6 staff representing:
7 (1) the Authority's Chief Transit Safety Officer;
8 (2) each Service Board;
9 (3) the Chair of the Riders Advisory Council;
10 (4) the Chair of the ADA Advisory Council;
11 (5) the Cook County State's Attorney's Office;
12 (6) the Cook County Sheriff's Office;
13 (7) the highest ranking officer of the NITA Law
14 Enforcement Task Force;
15 (8) law enforcement agencies whose jurisdiction
16 includes transit facilities operated by the Authority;
17 (9) the Chicago Police Department;
18 (10) the Chicago Department of Family and Support
19 Services;
20 (11) representatives of the labor organizations
21 representing bus and train operators for the Chicago
22 Transit Authority;
23 (12) a representative from an organization currently
24 providing alternative behavioral health, mobile crisis
25 response;
26 (13) a representative from an organization
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1 participating in implementation of the Community Emergency
2 Services and Supports Act;
3 (14) representatives from community-based
4 organizations serving youth, people with disabilities, or
5 individuals experiencing homelessness;
6 (15) a representative from the Department of Human
7 Services; and
8 (16) a representative from a labor organization
9 representing bus and train operators for the Commuter Rail
10 Division.
11 (c) Within 9 months of the effective date of this
12 amendatory Act of the 104th General Assembly, the Coordinated
13 Safety Response Council shall issue a report on using sworn
14 law enforcement officers to respond to crime on public
15 transportation in the metropolitan region, which shall
16 include:
17 (1) an assessment of the feasibility, advisability,
18 and necessity of various strategies to use sworn law
19 enforcement officers to respond to crime on public
20 transportation in the metropolitan region; and
21 (2) the qualifications, composition, training,
22 requirements, strategies, roles, and accountability
23 measures, policies, and procedures necessary to implement
24 the outlined strategies.
25 (d) In evaluating the feasibility, advisability, and
26 necessity of various strategies to use sworn law enforcement
SB2111 Enrolled - 181 - LRB104 09876 LNS 19944 b
1 to respond to crime on public transportation, the Coordinated
2 Safety Response Council shall consider:
3 (1) data, outcomes, and recommendations from the NITA
4 Law Enforcement Task Force;
5 (2) in a holistic manner, the Authority's safety
6 systems and programs, including the transit ambassador
7 program, safety, surveillance, and communication
8 technologies, infrastructure investments, and external
9 partnerships and contracts and investments;
10 (3) the costs and risks associated with the various
11 strategies; and
12 (4) making a recommendation on the optimal strategy to
13 use law enforcement to respond to crime on public
14 transportation in the metropolitan region.
15 (e) The Coordinated Safety Response Council shall be
16 responsible for developing an incident response and long-term
17 safety strategy, including, at minimum:
18 (1) the appropriate responses, including sworn law
19 enforcement and social services, for different kinds of
20 safety or code of conduct incidents on public
21 transportation in the region;
22 (2) the organization responsible for deploying
23 resources to provide the identified responses based on
24 incident location and circumstances;
25 (3) the agreements, contracts, or communication
26 protocols needed for the identified organizations to
SB2111 Enrolled - 182 - LRB104 09876 LNS 19944 b
1 implement the incident response strategy; and
2 (4) the protocols necessary to address
3 multijurisdictional participation in the NITA Law
4 Enforcement Task Force and any future multijurisdictional
5 collaborations, including:
6 (A) addressing legal questions of jurisdictional
7 authority;
8 (B) creating consistent use of force standards;
9 (C) promoting consistent training across the
10 multiple law enforcement entities participating in the
11 NITA Law Enforcement Task Force; and
12 (D) clarifying the ordinance authority held by
13 Chicago Transit Authority to allow multiple
14 jurisdictions to lawfully participate in the NITA Law
15 Enforcement Task Force.
16 (f) The incident response and long-term safety strategy
17 shall consider actions and outcomes achievable given a
18 baseline annual funding level of $95,000,000 from the
19 Authority and a baseline level of spending by each local law
20 enforcement agency participating in the council that is no
21 less than that agency's spending relating to public
22 transportation in Fiscal Year 2025.
23 (g) The Coordinated Safety Response Council shall complete
24 a comprehensive review and evaluation of the incident response
25 and long-term safety strategy no less than once every 3 years.
26 The Coordinated Safety Response Council shall update the
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1 incident response and long-term safety strategy as it finds
2 necessary in its evaluation.
3 (h) Members of the Coordinated Safety Response Council
4 shall, at a minimum, receive or show proof that they have
5 previously received training that is adequate in quality,
6 quantity, scope, and type, on the following topics:
7 (1) constitutional and other relevant law on
8 police-community encounters, including the law on the use
9 of force and stops, searches, and arrests;
10 (2) police tactics, including de-escalation;
11 (3) impartial policing;
12 (4) policing individuals in crisis;
13 (5) procedural justice; and
14 (6) cultural competency, including implicit bias and
15 racial and ethnic sensitivity.
16 (i) The Authority shall implement the recommendations of
17 the Coordinated Safety Response Council in a permanent
18 long-term safety plan as soon as possible after the completion
19 of each report.
20 (j) The Coordinated Safety Response Council shall study
21 the current use of nongovernmental agencies that provide
22 outreach and assistance to riders that (i) are unhoused, (ii)
23 suffer from mental health issues, or (iii) otherwise may
24 benefit from social services. Within 12 months of the
25 effective date of this amendatory Act of the 104th General
26 Assembly, the Coordinated Safety Response Council shall issue
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1 a report, which shall include, at a minimum:
2 (1) an analysis of the cost and effect of these
3 programs on the population the programs serve and the
4 broader effect the programs have on users of the system;
5 (2) any recommendations for changes or improvements to
6 existing programs;
7 (3) strategies and best practices to expand and
8 improve these programs throughout the Service Boards; and
9 (4) the qualifications, composition, training,
10 requirements, strategies, roles, and accountability
11 measures, policies, and procedures necessary to implement
12 the outlined recommendations.
13 (70 ILCS 3615/2.11.25 new)
14 Sec. 2.11.25. Safety Subcommittee.
15 (a) The Board shall create a standing Safety Subcommittee
16 composed of, at minimum, one member from each appointing
17 authority.
18 (b) The Safety Subcommittee shall:
19 (1) review the findings and recommendations of the
20 Office of Transit Safety and Experience;
21 (2) examine data on safety-related issues facing the
22 Authority, Service Boards, and transit users and workers;
23 (3) review efforts by the Authority to improve safety
24 for workers and users of the public transportation system;
25 (4) make recommendations to improve system safety; and
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1 (5) review the Authority's safety-related performance
2 standards and reporting for accuracy and completeness and
3 to ensure that the results are effectively conveyed to the
4 public.
5 (70 ILCS 3615/2.11.30 new)
6 Sec. 2.11.30. Safety standards and investments.
7 (a) The Authority shall establish, enforce, and facilitate
8 achievement and maintenance of standards of safety with
9 respect to public transportation provided by the Authority or
10 by Transportation Agencies under a purchase of service or
11 grant agreement.
12 (b) The Authority shall establish standards for the design
13 and maintenance of its facilities in ways that increase the
14 safety of and perception of safety by users of the public
15 transportation system. The standards shall address
16 environmental factors that impact safety, such as the lighting
17 of stations and bus stops.
18 (c) The Authority shall explore and, where appropriate,
19 deploy technologies that enhance the safety of users of the
20 public transportation system.
21 (d) The Authority shall ensure that public transportation
22 system users on service provided by any Service Board or
23 Transportation Agency can report safety issues in real time.
24 The Authority shall develop and deploy a single feature in its
25 mobile application that shall allow users of the public
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1 transportation system to report safety issues in real time to
2 the Authority. The feature must connect users to law
3 enforcement or other appropriate personnel who can respond to
4 the user's safety concerns in a timely and meaningful manner.
5 This feature shall be operational no later than 180 days of the
6 effective date of this amendatory Act of the 104th General
7 Assembly.
8 (e) The Authority may establish standards for other
9 investments to improve the safety of riders and workers as
10 deemed appropriate.
11 (f) The Authority shall conduct customer satisfaction
12 polling annually. The customer satisfaction polling shall
13 collect quantitative and qualitative data about rider
14 experience and safety, including questions that explore and
15 measure the perception of safety, cleanliness, maintenance,
16 availability, accessibility, dependability, rider
17 information, and rider care by users of the public
18 transportation system.
19 (g) In recognition of the fact that travel by public
20 transportation is significantly safer than travel by other
21 means of surface transportation, the Authority shall work
22 cooperatively with the Department of Transportation, the
23 Illinois State Toll Highway Authority, the Chicago
24 Metropolitan Agency for Planning, and other units of
25 government to assist them in using investments in public
26 transportation facilities and operations as a tool to help the
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1 Department and units of local government meet their roadway
2 crash, fatality, and serious injury reduction goals. To the
3 maximum extent allowed by law, the Authority is eligible to
4 receive funding and other assistance from local, State, and
5 federal sources so the Authority can assist in using improved
6 and expanded public transportation in the metropolitan region
7 to improve safety in the surface transportation sector.
8 (h) The security portion of the system safety program,
9 investigation reports, surveys, schedules, lists, or data
10 compiled, collected, or prepared by or for the Authority under
11 this subsection shall be confidential and shall not be subject
12 to discovery or admitted into evidence in federal or State
13 court or considered for other purposes in any civil action for
14 damages arising from any matter mentioned or addressed in the
15 reports, surveys, schedules, lists, data, or information.
16 (i) Neither the Authority or its directors, officers, or
17 employees nor a Service Board or the Service Board's
18 directors, officers, or employees may be held liable in any
19 civil action for any injury to any person or property for any
20 acts or omissions or failure to act under this Section or under
21 49 CFR Part 659 as now or hereafter amended.
22 (j) Nothing in this Section alleviates an individual's
23 duty to comply with the State Officials and Employees Ethics
24 Act.
25 (70 ILCS 3615/2.11.35 new)
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1 Sec. 2.11.35. Bus shields.
2 (a) As used in this Section, "security barrier" means a
3 protective partition made of hard and durable materials
4 designed to shield a fixed-route bus operator from physical
5 assault or projectiles while maintaining visibility and
6 communication with passengers, that:
7 (1) extends from the bus floor to the bus ceiling;
8 (2) is capable of fully enclosing the bus operator's
9 workstation and preventing the unwanted entry of persons,
10 fluids, and objects into the bus operator's workstation;
11 and
12 (3) does not impede the bus operator's lines of sight
13 from the workstation to the exterior of the bus.
14 (b) The bus operator's workstation of any fixed-route bus
15 operated in revenue service for the Authority, the Chicago
16 Transportation Authority, and the Suburban Bus Division shall
17 be equipped with a security barrier as conducive to the
18 physical limitations of the vehicle.
19 (c) No later than January 1, 2027, the Authority shall
20 consult with the Chicago Transportation Authority, the
21 Suburban Bus Division, and representatives from each labor
22 organization representing Chicago Transportation Authority
23 fixed-route bus operators and Suburban Bus Division
24 fixed-route bus operators regarding security barriers,
25 including design, materials, specifications, selection, and
26 installation.
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1 (d) The Authority, the Chicago Transportation Authority,
2 and the Suburban Bus Division shall complete installation of
3 security barriers by January 1, 2028 for vehicles without
4 limitations provided in subsection (b).
5 (e) The procurement of new fixed-route buses operated by
6 the Chicago Transportation Authority shall consider the
7 implementation of security barriers and safety of bus
8 operators.
9 (70 ILCS 3615/2.12b)
10 Sec. 2.12b. Coordination of Fares and Service. Upon the
11 request of a Service Board, the Executive Director of the
12 Authority may, upon the affirmative vote of 11 9 of the then
13 Directors of the Authority, intervene in any matter involving
14 (i) a dispute between Service Boards or a Service Board and a
15 Transportation Agency transportation agency providing service
16 on behalf of a Service Board with respect to the terms of
17 transfer between, and the allocation of revenues from fares
18 and charges for, transportation services provided by the
19 parties or (ii) a dispute between 2 Service Boards with
20 respect to coordination of service, route duplication, or a
21 change in service. Any Service Board or Transportation Agency
22 transportation agency involved in such dispute shall meet with
23 the Executive Director, cooperate in good faith to attempt to
24 resolve the dispute, and provide any books, records, and other
25 information requested by the Executive Director. If the
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1 Executive Director is unable to mediate a resolution of any
2 dispute, he or she may provide a written determination
3 recommending a change in the fares or charges or the
4 allocation of revenues for such service or directing a change
5 in the nature or provider of service that is the subject of the
6 dispute. The Executive Director shall base such determination
7 upon the goals and objectives of the Strategic Plan
8 established pursuant to Section 2.01a(b). Such determination
9 shall be presented to the Board of the Authority and, if
10 approved by the affirmative vote of at least 11 9 of the then
11 Directors of the Authority, shall be final and shall be
12 implemented by any affected Service Board and Transportation
13 Agency transportation agency within the time frame required by
14 the determination.
15 (Source: P.A. 95-708, eff. 1-18-08.)
16 (70 ILCS 3615/2.14) (from Ch. 111 2/3, par. 702.14)
17 Sec. 2.14. Appointment of Officers and Employees. The
18 Authority may appoint, retain, and employ officers, attorneys,
19 agents, engineers and employees. The officers shall include an
20 Executive Director, who shall be the chief executive officer
21 of the Authority, appointed by the Chair Chairman with the
22 concurrence of 11 of the other then Directors of the Board. The
23 initial Executive Director appointed after this amendatory Act
24 of the 104th General Assembly shall be confirmed by the
25 Senate. Until July 1, 2030, each Executive Director appointed
SB2111 Enrolled - 191 - LRB104 09876 LNS 19944 b
1 under this Section shall be confirmed by the Illinois State
2 Senate until. The Executive Director shall organize the staff
3 of the Authority, shall allocate their functions and duties,
4 may shall transfer such staff to the Service Boards or
5 Transportation Agencies when deemed necessary or advisable
6 Suburban Bus Division and the Commuter Rail Division as is
7 sufficient to meet their purposes, shall fix compensation and
8 conditions of employment of the staff of the Authority, and
9 consistent with the policies of and direction from the Board,
10 take all actions necessary to achieve its purposes, fulfill
11 its responsibilities and carry out its powers, and shall have
12 such other powers and responsibilities as the Board shall
13 determine. The Executive Director must be an individual of
14 proven transportation and management skills and may not be a
15 member of the Board. The Authority may employ its own
16 professional management personnel to provide professional and
17 technical expertise concerning its purposes and powers and to
18 assist it in assessing the performance of the Service Boards
19 in the metropolitan region.
20 No employee, officer, or agent of the Authority may
21 receive a bonus that exceeds 10% of his or her annual salary
22 unless that bonus has been reviewed by the Board for a period
23 of 14 days. After 14 days, the bonus contract shall be
24 considered reviewed. This Section does not apply to usual and
25 customary salary adjustments.
26 No unlawful discrimination, as defined and prohibited in
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1 the Illinois Human Rights Act, shall be made in any term or
2 aspect of employment nor shall there be discrimination based
3 upon political reasons or factors. The Authority shall
4 establish regulations to insure that its discharges shall not
5 be arbitrary and that hiring and promotion are based on merit.
6 The Authority shall be subject to the "Illinois Human
7 Rights Act", as now or hereafter amended, and the remedies and
8 procedure established under that Act thereunder. The Authority
9 shall file an affirmative action program for employment by it
10 with the Department of Human Rights to ensure that applicants
11 are employed and that employees are treated during employment,
12 without regard to unlawful discrimination. Such affirmative
13 action program shall include provisions relating to hiring,
14 upgrading, demotion, transfer, recruitment, recruitment
15 advertising, selection for training and rates of pay or other
16 forms of compensation.
17 (Source: P.A. 98-1027, eff. 1-1-15.)
18 (70 ILCS 3615/2.16) (from Ch. 111 2/3, par. 702.16)
19 Sec. 2.16. Employee Protection.
20 (a) The Authority shall ensure insure that every employee
21 of the Authority or of a Service Board or Transportation
22 Agency transportation agency shall receive fair and equitable
23 protection against actions of the Authority which shall not be
24 less than those established pursuant to Section 13(c) of the
25 Urban Mass Transportation Act of 1964, as amended (49 U.S.C.
SB2111 Enrolled - 193 - LRB104 09876 LNS 19944 b
1 Sec. 5333(b) 1609(c)), and Section 405(b) of the Rail
2 Passenger Service Act of 1970, as amended (45 U.S.C. Sec.
3 565(b)), and as prescribed by the United States Secretary of
4 Labor thereunder, at the time of the protective agreement or
5 arbitration decision providing protection.
6 (b) The Authority shall negotiate or arrange for the
7 negotiation of such fair and equitable employee arrangements
8 with the employees, through their accredited representatives
9 authorized to act for them. If agreement cannot be reached on
10 the terms of such protective arrangement, any party may submit
11 any matter in dispute to arbitration. In such arbitration,
12 each party shall have the right to select non-voting
13 arbitration board members. The impartial arbitrator will be
14 selected by the American Arbitration Association and appointed
15 from a current listing of the membership of the National
16 Academy of Arbitrators, upon request of any party. The
17 impartial arbitrator's decision shall be final and binding on
18 all parties. Each party shall pay an equal proportionate share
19 of the impartial arbitrator's fees and expenses.
20 (c) For purposes of Sections 2.15 through 2.19, "actions
21 of the Authority" include its acquisition and operation of
22 public transportation facilities, the execution of purchase of
23 service agreements and grant contracts made under this Act and
24 the coordination, reorganization, combining, leasing, merging
25 of operations or the expansion or curtailment of public
26 transportation service or facilities by the Authority, but
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1 does not include a failure or refusal to enter into a purchase
2 of service agreement or grant contract.
3 (Source: P.A. 91-357, eff. 7-29-99.)
4 (70 ILCS 3615/2.18a) (from Ch. 111 2/3, par. 702.18a)
5 Sec. 2.18a. (a) The provisions of this Section apply to
6 collective bargaining agreements (including extensions and
7 amendments to existing agreements) between Service Boards or
8 Transportation Agencies transportation agencies subject to the
9 jurisdiction of Service Boards and their employees, which are
10 entered into after January 1, 1984.
11 (b) The Authority shall approve amended budgets prepared
12 by Service Boards which incorporate the costs of collective
13 bargaining agreements between Service Boards and their
14 employees. The Authority shall approve such an amended budget
15 provided that it determines by a supermajority the affirmative
16 vote of 12 of its then members that the amended budget meets
17 the standards established in Section 4.11.
18 (Source: P.A. 95-708, eff. 1-18-08.)
19 (70 ILCS 3615/2.19) (from Ch. 111 2/3, par. 702.19)
20 Sec. 2.19. Labor Relations Procedures.
21 (a) Whenever the Authority proposes to operate or to enter
22 into a contract to operate any new public transportation
23 facility which may result in the displacement of employees or
24 the rearrangement of the working forces of the Authority, or
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1 of the Service Boards Chicago Transit Authority or of any
2 Transportation Agency transportation agency, the Authority
3 shall give at least 90 days written notice of such proposed
4 operations to the representatives of the employees affected
5 and the Authority shall provide for the selection of forces to
6 perform the work of that facility on the basis of agreement
7 between the Authority and the representatives of such
8 employees. In the event of failure to agree, the dispute may be
9 submitted by the Authority or by any representative of the
10 employees affected to final and binding arbitration by an
11 impartial arbitrator to be selected by the American
12 Arbitration Association from a current listing of arbitrators
13 of the National Academy of Arbitrators.
14 (b) In case of any labor dispute not otherwise governed by
15 this Act, by the Labor Management Relations Act, as amended,
16 the Railway Labor Act, as amended, or by impasse resolution
17 provisions in a collective bargaining or protective agreement
18 involving the Authority, the Service Boards Chicago Transit
19 Authority or any Transportation Agency transportation agency
20 financed in whole or in part by the Authority and the employees
21 of the Authority, the Service Boards, or of the Chicago
22 Transit Authority or any such Transportation Agency
23 transportation agency, which is not settled by the parties
24 thereto within 30 days from the date of commencement of
25 negotiations, either party may request the assistance of a
26 mediator appointed by either the State or Federal Mediation
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1 and Conciliation Service, who shall seek to resolve the
2 dispute. In the event that the dispute is not resolved by
3 mediation within a reasonable period, the mediator shall
4 certify to the parties that an impasse exists. Upon receipt of
5 the mediator's certification, any party to the dispute may,
6 within 7 days, submit the dispute to a fact-finder fact finder
7 who shall be selected by the parties pursuant to the rules of
8 the American Arbitration Association from a current listing of
9 members of the National Academy of Arbitrators supplied by the
10 AAA. The fact-finder fact finder shall have the duty to hold
11 hearings, or otherwise take evidence from the parties under
12 such other arrangements as they may agree. Upon completion of
13 the parties' submissions, the fact-finder fact finder shall
14 have the power to issue and make public findings and
15 recommendations, or to refer the dispute back to the parties
16 for such other appropriate action as he may recommend. In the
17 event that the parties do not reach agreement after the
18 issuance of the fact-finder's fact finder's report and
19 recommendations, or in cases where neither party requests
20 fact-finding fact finding, the Authority shall offer to submit
21 the dispute to arbitration by a board composed of 3 persons,
22 one appointed by the Authority, one appointed by the labor
23 organization representing the employees, and a third member to
24 be agreed upon by the labor organization and the Authority.
25 The member agreed upon by the labor organization and the
26 Authority shall act as chairman of the board. The
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1 determination of the majority of the board of arbitration thus
2 established shall be final and binding on all matters in
3 dispute. If, after a period of 10 days from the date of the
4 appointment of the two arbitrators representing the Authority
5 and the labor organization, the third arbitrator has not been
6 selected, then either arbitrator may request the American
7 Arbitration Association to furnish from a current listing of
8 the membership of the National Academy of Arbitrators the
9 names of 7 such members of the National Academy from which the
10 third arbitrator shall be selected. The arbitrators appointed
11 by the Authority and the labor organization, promptly after
12 the receipt of such list, shall determine by lot the order of
13 elimination, and thereafter each shall in that order
14 alternately eliminate one name until only one name remains.
15 The remaining person on the list shall be the third
16 arbitrator. The term "labor dispute" shall be broadly
17 construed and shall include any controversy concerning wages,
18 salaries, hours, working conditions, or benefits, including
19 health and welfare, sick leave, insurance, or pension or
20 retirement provisions, but not limited thereto, and including
21 any controversy concerning any differences or questions that
22 may arise between the parties including but not limited to the
23 making or maintaining of collective bargaining agreements, the
24 terms to be included in such agreements, and the
25 interpretation or application of such collective bargaining
26 agreements and any grievance that may arise. Each party shall
SB2111 Enrolled - 198 - LRB104 09876 LNS 19944 b
1 pay one-half of the expenses of such arbitration.
2 (Source: P.A. 83-886.)
3 (70 ILCS 3615/2.24) (from Ch. 111 2/3, par. 702.24)
4 Sec. 2.24. Drug and alcohol testing. The Regional
5 Transportation Authority, and all of the Service Boards
6 subject to the Authority, including the Chicago Transit
7 Transportation Authority, shall be responsible for the
8 establishment, maintenance, administration and enforcement of
9 a comprehensive drug and alcohol testing program which is in
10 absolute conformity with Federal statutes and regulations
11 currently in effect.
12 (Source: P.A. 88-619, eff. 1-1-95.)
13 (70 ILCS 3615/2.30)
14 Sec. 2.30. Paratransit services.
15 (a) For purposes of this Act, "ADA paratransit services"
16 shall mean those comparable or specialized transportation
17 services provided by, or under grant or purchase of service
18 contracts of, the Service Boards to individuals with
19 disabilities who are unable to use fixed route transportation
20 systems and who are determined to be eligible, for some or all
21 of their trips, for such services under the Americans with
22 Disabilities Act of 1990 and its implementing regulations.
23 (b) Beginning July 1, 2005, the Authority is responsible
24 for the funding, from amounts on deposit in the ADA
SB2111 Enrolled - 199 - LRB104 09876 LNS 19944 b
1 Paratransit Fund established under Section 2.01d of this Act,
2 financial review and oversight of all ADA paratransit services
3 that are provided by the Authority or by any of the Service
4 Boards. The Suburban Bus Board shall operate or provide for
5 the operation of all ADA paratransit services by no later than
6 July 1, 2006, except that this date may be extended to the
7 extent necessary to obtain approval from the Federal Transit
8 Administration of the plan prepared pursuant to subsection
9 (c).
10 (c) No later than January 1, 2006, the Authority, in
11 collaboration with the Suburban Bus Board and the Chicago
12 Transit Authority, shall develop a plan for the provision of
13 ADA paratransit services and submit such plan to the Federal
14 Transit Administration for approval. Approval of such plan by
15 the Authority shall require a supermajority vote the
16 affirmative votes of 12 of the then Directors. The Suburban
17 Bus Board, the Chicago Transit Authority and the Authority
18 shall comply with the requirements of the Americans with
19 Disabilities Act of 1990 and its implementing regulations in
20 developing and approving such plan including, without
21 limitation, consulting with individuals with disabilities and
22 groups representing them in the community, and providing
23 adequate opportunity for public comment and public hearings.
24 The plan shall include the contents required for a paratransit
25 plan pursuant to the Americans with Disabilities Act of 1990
26 and its implementing regulations. The plan shall also include,
SB2111 Enrolled - 200 - LRB104 09876 LNS 19944 b
1 without limitation, provisions to:
2 (1) maintain, at a minimum, the levels of ADA
3 paratransit service that are required to be provided by
4 the Service Boards pursuant to the Americans with
5 Disabilities Act of 1990 and its implementing regulations;
6 (2) transfer the appropriate ADA paratransit services,
7 management, personnel, service contracts and assets from
8 the Chicago Transit Authority to the Authority or the
9 Suburban Bus Board, as necessary, by no later than July 1,
10 2006, except that this date may be extended to the extent
11 necessary to obtain approval from the Federal Transit
12 Administration of the plan prepared pursuant to this
13 subsection (c);
14 (3) provide for consistent policies throughout the
15 metropolitan region for scheduling of ADA paratransit
16 service trips to and from destinations, with consideration
17 of scheduling of return trips on a "will-call" open-ended
18 basis upon request of the rider, if practicable, and with
19 consideration of an increased number of trips available by
20 subscription service than are available as of the
21 effective date of this amendatory Act;
22 (4) provide that service contracts and rates, entered
23 into or set after the approval by the Federal Transit
24 Administration of the plan prepared pursuant to subsection
25 (c) of this Section, with private carriers and taxicabs
26 for ADA paratransit service are procured by means of an
SB2111 Enrolled - 201 - LRB104 09876 LNS 19944 b
1 open procurement process;
2 (5) provide for fares, fare collection and billing
3 procedures for ADA paratransit services throughout the
4 metropolitan region;
5 (6) provide for performance standards for all ADA
6 paratransit service transportation carriers, with
7 consideration of door-to-door service;
8 (7) provide, in cooperation with the Illinois
9 Department of Transportation, the Illinois Department of
10 Public Aid and other appropriate public agencies and
11 private entities, for the application and receipt of
12 grants, including, without limitation, reimbursement from
13 Medicaid or other programs for ADA paratransit services;
14 (8) provide for a system of dispatch of ADA
15 paratransit services transportation carriers throughout
16 the metropolitan region, with consideration of
17 county-based dispatch systems already in place as of the
18 effective date of this amendatory Act;
19 (9) provide for a process of determining eligibility
20 for ADA paratransit services that complies with the
21 Americans with Disabilities Act of 1990 and its
22 implementing regulations;
23 (10) provide for consideration of innovative methods
24 to provide and fund ADA paratransit services; and
25 (11) provide for the creation of one or more ADA
26 advisory boards, or the reconstitution of the existing ADA
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1 advisory boards for the Service Boards, to represent the
2 diversity of individuals with disabilities in the
3 metropolitan region and to provide appropriate ongoing
4 input from individuals with disabilities into the
5 operation of ADA paratransit services.
6 (d) All revisions and annual updates to the ADA
7 paratransit services plan developed pursuant to subsection (c)
8 of this Section, or certifications of continued compliance in
9 lieu of plan updates, that are required to be provided to the
10 Federal Transit Administration shall be developed by the
11 Authority, in collaboration with the Suburban Bus Board and
12 the Chicago Transit Authority, and the Authority shall submit
13 such revision, update or certification to the Federal Transit
14 Administration for approval. Approval of such revisions,
15 updates or certifications by the Authority shall require a
16 supermajority vote the affirmative votes of 12 of the then
17 Directors.
18 (e) The Illinois Department of Transportation, the
19 Illinois Department of Public Aid, the Authority, the Suburban
20 Bus Board and the Chicago Transit Authority shall enter into
21 intergovernmental agreements as may be necessary to provide
22 funding and accountability for, and implementation of, the
23 requirements of this Section.
24 (f) By no later than April 1, 2007, the Authority shall
25 develop and submit to the General Assembly and the Governor a
26 funding plan for ADA paratransit services. Approval of such
SB2111 Enrolled - 203 - LRB104 09876 LNS 19944 b
1 plan by the Authority shall require a supermajority vote the
2 affirmative votes of 12 of the then Directors. The funding
3 plan shall, at a minimum, contain an analysis of the current
4 costs of providing ADA paratransit services, projections of
5 the long-term costs of providing ADA paratransit services,
6 identification of and recommendations for possible cost
7 efficiencies in providing ADA paratransit services, and
8 identification of and recommendations for possible funding
9 sources for providing ADA paratransit services. The Illinois
10 Department of Transportation, the Illinois Department of
11 Public Aid, the Suburban Bus Board, the Chicago Transit
12 Authority and other State and local public agencies as
13 appropriate shall cooperate with the Authority in the
14 preparation of such funding plan.
15 (g) Any funds derived from the federal Medicaid program
16 for reimbursement of the costs of providing ADA paratransit
17 services within the metropolitan region shall be directed to
18 the Authority and shall be used to pay for or reimburse the
19 costs of providing such services.
20 (h) Nothing in this amendatory Act shall be construed to
21 conflict with the requirements of the Americans with
22 Disabilities Act of 1990 and its implementing regulations.
23 (Source: P.A. 94-370, eff. 7-29-05; 95-708, eff. 1-18-08.)
24 (70 ILCS 3615/2.39)
25 Sec. 2.39. Prioritization process for Northeastern
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1 Illinois transit capital projects.
2 (a) The Authority shall develop a transparent
3 prioritization process for metropolitan region transit capital
4 projects to identify projects that will most effectively
5 achieve the goals of the Strategic Plan and improve the
6 quality of public transportation services contemplated by the
7 service standards, to the extent service standards have been
8 adopted. The Authority shall develop a transparent
9 prioritization process for Northeastern Illinois transit
10 projects receiving State capital funding. The prioritization
11 process must consider, at a minimum: (1) access to key
12 destinations such as jobs, retail, healthcare, and recreation,
13 (2) reliability improvement, (3) capacity needs, (4) safety,
14 (5) state of good repair, (6) racial equity and mobility
15 justice, and (7) economic development. All State capital
16 funding awards shall be made by the Regional Transportation
17 Authority in accordance with the prioritization process. An
18 appropriate public input process shall be established. The
19 Authority shall make a report to the General Assembly each
20 year describing the prioritization process and its use in
21 funding awards.
22 (b) The Authority shall use the prioritization process
23 when developing its 5-year Capital Program under Section 2.01b
24 and for its other capital planning processes. A summary of the
25 project evaluation process, measures, program, and scores or
26 prioritization criteria for all candidate projects shall be
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1 published on the Authority's website in a timely manner.
2 (c) The prioritization process must consider, at a
3 minimum:
4 (1) increasing access to key destinations, such as
5 jobs, retail, healthcare, and recreation;
6 (2) reliability improvements;
7 (3) capacity needs;
8 (4) safety;
9 (5) state of good repair;
10 (6) racial equity and mobility justice;
11 (7) environmental protection;
12 (8) the service standards;
13 (9) economic development; and
14 (10) improving physical access to bus stops, transit
15 vehicles, and transit facilities. Starting April 1, 2022,
16 no project shall be included in the 5-year capital
17 program, or amendments to that program, without being
18 evaluated under the selection process described in this
19 Section.
20 (d) All capital funding awards shall be made by the
21 Authority in accordance with the prioritization process. An
22 appropriate public input process shall be established. The
23 Authority shall make a report to the General Assembly each
24 year describing the prioritization process and its use in
25 funding awards.
26 (e) A summary of the project evaluation process, measures,
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1 program, and scores or prioritization criteria for all
2 candidate projects shall be published on the Authority's
3 website in a timely manner.
4 (f) No project shall be included in the 5-year Capital
5 Program, or amendments to that Program, without being
6 evaluated under the selection process described in this
7 Section.
8 (Source: P.A. 102-573, eff. 8-24-21.)
9 (70 ILCS 3615/2.40)
10 Sec. 2.40. Suspension of riding privileges and
11 confiscation of fare media.
12 (a) As used in this Section, "demographic information"
13 includes, but is not limited to, age, race, ethnicity, gender,
14 and housing status, as that term is defined under Section 10 of
15 the Bill of Rights for the Homeless Act.
16 (b) Suspension of riding privileges and confiscation of
17 fare media are limited to:
18 (1) violations where the person's conduct places
19 transit employees or transit passengers in reasonable
20 apprehension of a threat to their safety or the safety of
21 others, including assault and battery, as those terms are
22 defined under Sections 12-1 and 12-3 of the Criminal Code
23 of 2012;
24 (2) violations where the person's conduct places
25 transit employees or transit passengers in reasonable
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1 apprehension of a threat of a criminal sexual assault, as
2 that term is defined under Section 11-1.20 of the Criminal
3 Code of 2012; and
4 (3) violations involving an act of public indecency,
5 as that term is defined in Section 11-30 of the Criminal
6 Code of 2012.
7 (c) Written notice shall be provided to an individual
8 regarding the suspension of the individual's riding privileges
9 or confiscation of fare media. The notice shall be provided in
10 person at the time of the alleged violation, except that, if
11 providing notice in person at the time of the alleged
12 violation is not practicable, then the Authority shall make a
13 reasonable effort to provide notice to the individual by
14 personal service, by mailing a copy of the notice by certified
15 mail, return receipt requested, and first-class mail to the
16 person's current address, or by emailing a copy of the notice
17 to an email address on file, if available. If the person is
18 known to be detained in jail, service shall be made as provided
19 under Section 2-203.2 of the Code of Civil Procedure. The
20 written notice shall be sufficient to inform the individual
21 about the following:
22 (1) the nature of the suspension of riding privileges
23 or confiscation of fare media;
24 (2) the person's rights and available remedies to
25 contest or appeal the suspension of riding privileges or
26 confiscation of fare media and to apply for reinstatement
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1 of riding privileges; and
2 (3) the procedures for adjudicating whether a
3 suspension or confiscation is warranted and for applying
4 for reinstatement of riding privileges, including the time
5 and location of any hearing.
6 The process to determine whether a suspension or riding
7 privileges or confiscation of fare media is warranted and the
8 length of the suspension shall be concluded within 30 business
9 days after the individual receives notice of the suspension or
10 confiscation.
11 Notwithstanding any other provision of this Section, no
12 person shall be denied the ability to contest or appeal a
13 suspension of riding privileges or confiscation of fare media,
14 or to attend a hearing to determine whether a suspension or
15 confiscation was warranted, because the person was detained in
16 a jail.
17 (d) The Authority Each Service Board shall create an
18 administrative suspension hearing process as follows:
19 (1) The Authority A Service Board shall designate an
20 official to oversee the administrative process to decide
21 whether a suspension is warranted and the length of the
22 suspension.
23 (2) The accused and related parties, including legal
24 counsel, may attend this hearing in person, by telephone,
25 or virtually.
26 (3) The Authority Service Board shall present the
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1 suspension-related evidence and outline the evidence that
2 supports the need for the suspension.
3 (4) The accused or the accused's legal counsel can
4 present and may make an oral or written presentation and
5 offer documents, including affidavits, in response to the
6 Service Board's evidence.
7 (5) The Authority's Service Board's designated
8 official shall make a finding on the suspension.
9 (6) The value of unexpended credit or unexpired passes
10 shall be reimbursed upon suspension of riding privileges
11 or confiscation of fare media.
12 (7) The alleged victims of the violation and related
13 parties, including witnesses who were present, may attend
14 this hearing in person, by telephone, or virtually.
15 (8) The alleged victims of the violation and related
16 parties, including witnesses who were present, can present
17 and may make an oral or written presentation and offer
18 documents, including affidavits, in response to the
19 Service Board's evidence.
20 (e) The Authority Each Service Board shall create a
21 process to appeal and reinstate ridership privileges. This
22 information shall be provided to the suspended rider at the
23 time of the Authority's Service Board's findings. A suspended
24 rider is entitled to 2 appeals after the Authority's Service
25 Board's finding to suspend the person's ridership. A suspended
26 rider may petition the Authority Service Board to reinstate
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1 the person's ridership privileges one calendar year after the
2 Authority's Service Board's suspension finding if the length
3 of the suspension is more than one year.
4 (f) The Authority Each Service Board shall collect,
5 report, and make publicly available in a quarterly timeframe
6 the number and demographic information of people subject to
7 suspension of riding privileges or confiscation of fare media,
8 the conduct leading to the suspension or confiscation, as well
9 as the location and description of the location where the
10 conduct occurred, such as identifying the transit station or
11 transit line, date, and time of day, a citation to the
12 statutory authority for which the accused person was arrested
13 or charged, the amount, if any, on the fare media, and the
14 length of the suspension.
15 (Source: P.A. 103-281, eff. 1-1-24.)
16 (70 ILCS 3615/2.41)
17 Sec. 2.41. Fast-track authority Domestic Violence and
18 Sexual Assault Regional Transit Authority Public
19 Transportation Assistance Program.
20 (a) The Board may designate select projects in the 5-Year
21 Capital Program to be authorized using a fast-track process to
22 be approved along with the 5-Year Capital Program.
23 (1) To be considered for fast-track authorization, a
24 project must meet each of the following criteria:
25 (A) It must have over $250,000,000 in 5-year
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1 funding programmed in the 5-Year Capital Program.
2 (B) It must have demonstrated local support in the
3 affected area, as evidenced by comments at public
4 meetings, letters of support from local officials,
5 survey responses, or similar expressions of support.
6 (C) It must document benefits from techniques
7 recognized to lower costs, such as the use of itemized
8 costs, standardized designs, or increased in-house
9 staff to manage contracts.
10 (2) The Board shall hold the following hearings for
11 each fast-track project to demonstrate how the project
12 meets the eligibility criteria before final approval of
13 the 5-Year Capital Program. Before adopting a 5-Year
14 Capital Program with one or more fast-track projects, the
15 Board must meet with and attempt to address concerns
16 raised by (i) the county board president or county
17 executive of each county within which any construction
18 activity for the proposed fast-track projects is to be
19 conducted; (ii) the mayor of Chicago if any fast-track
20 project construction activity may occur within Chicago;
21 and (iii) the Department of Transportation if any
22 fast-track project construction activity will affect
23 highway rights-of-way under State jurisdiction.
24 (b) Once the Board has presented the fast-track project,
25 the Board may approve its fast-track status as part of the
26 5-year Capital Program. Upon confirmation of fast-track
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1 status, the Authority or the relevant Service Board shall
2 notify the State and any unit of local government or public
3 utility affected by any proposed construction, acquisition, or
4 other activity related to the fast-track project. Any
5 agreements, such as cost-sharing agreements for utility
6 relocation, project betterments, and site access, between the
7 Authority or a Service Board and the State, unit of local
8 government, private or public utilities, or private property
9 owners shall be negotiated and executed before fast-track
10 projects are finalized and construction contracts are
11 executed.
12 (1) If construction related to the fast-track project
13 will require access to a roadway or right-of-way that is
14 under the jurisdiction of the State or a unit of local
15 government, the Authority shall provide notice to the
16 governmental entity from which the Authority anticipates
17 seeking right-of-way access upon completion of the
18 preliminary plan and shall provide updates throughout the
19 planning stage. Upon completion of final plans, the
20 Authority shall request access to roadways or
21 right-of-ways, if necessary, from the government entity
22 with jurisdiction over the property. The Authority's
23 request must comply with any existing requirements of the
24 State or unit of local government for access to its
25 roadways or, at minimum, include detailed construction
26 plans, safety measures, and plans for mitigating traffic
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1 and inconvenience caused by the work.
2 Once an access request is received and complete
3 information has been provided, as determined by the State
4 or unit of local government from which the Authority seeks
5 access, the government entity with jurisdiction over the
6 relevant roadway will have 60 days to process and respond
7 to the Authority's request. If the State or unit of local
8 government requires additional information or adjustments
9 to the Authority's plans, it will work with the Authority
10 for an additional 45 days to complete its review. If the
11 State or unit of local government fails or is unable to
12 approve the Authority's request within 120 days, the
13 Authority may report the delay to and seek immediate
14 approval from the relevant representative of the State or
15 unit of local government, which is the Regional Engineer
16 of the Department of Transportation's District 1 Office if
17 the request involves a State roadway; the relevant highway
18 superintendent if the request involves a county roadway;
19 the transportation commissioner if the request involves a
20 municipality; or the chief executive officer of the
21 relevant organization if the requests involves any other
22 local governmental entity.
23 Upon completion of construction, the Authority shall
24 comply with permit and State or unit of local governmental
25 requirements and restore the roadway to its previous
26 condition, unless otherwise agreed to by the State or unit
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1 of local government. The Authority shall provide a survey
2 of the quality of the relevant infrastructure and shall
3 allow the State or unit of local government to inspect the
4 infrastructure. The Authority shall be responsible for any
5 defect in infrastructure or other damage resulting from
6 the Authority's actions. The Authority shall either repair
7 or compensate the State or unit of local government for
8 any damages resulting from the Authority's actions. Unless
9 previously agreed, at no point shall the Authority's use
10 of State or unit of local governmental property be
11 permanent, create a property interest, or affect the
12 jurisdiction of the roadway.
13 (2) If a fast-track project requires the removal,
14 relocation, or modification of any facility of a public
15 utility, the Authority or the relevant Service Board shall
16 provide reasonable notice to the affected public utility
17 when the need for removal or relocation becomes known and
18 shall provide updates throughout the planning stage. Upon
19 completion of final plans, the Authority shall provide
20 written notice to each affected public utility of the need
21 to remove, relocate, or modify its facilities. The notice
22 shall include detailed construction plans, safety
23 measures, and plans for mitigating traffic and
24 inconvenience caused by the work. If public utility
25 facilities that are subject to removal or relocation are
26 located within State or county highway rights-of-way, then
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1 the Authority may, with the consent of the State or
2 appropriate county highway authority, coordinate with the
3 Department of Transportation or county highway authority,
4 and the removal or relocation shall be subject to the
5 terms of the Illinois Highway Code. Any other utility
6 relocation or removal shall be subject to the terms of
7 subsection (b) of Section 2.21.
8 Upon receipt of the written notice, the utility shall
9 prioritize the removal or relocation of the facilities and
10 shall coordinate with the Authority or the relevant
11 Service Board to ensure that the removal or relocation is
12 done safely, efficiently, expeditiously, and without
13 compromising the service to the Authority or the relevant
14 Service Board or the public. The taking shall occur by
15 condemnation according to law to the extent that the
16 removal or relocation requires the taking of utility
17 property.
18 (a) No later than 90 days after the effective date of this
19 amendatory Act of the 103rd General Assembly, the Authority
20 shall create the Domestic Violence and Sexual Assault Regional
21 Transit Authority Public Transportation Assistance Program to
22 serve residents of the Authority.
23 Through this Program, the Authority shall issue monetarily
24 preloaded mass transit cards to The Network: Advocating
25 Against Domestic Violence for survivor and victim use of
26 public transportation through Chicago Transit Authority, the
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1 Suburban Bus Division, and the Commuter Rail Division.
2 The Authority shall coordinate with The Network:
3 Advocating Against Domestic Violence to issue no less than
4 25,000 monetarily preloaded mass transit cards with a value of
5 $20 per card for distribution to domestic violence and sexual
6 assault service providers throughout the Authority's
7 jurisdiction, including the counties of Cook, Kane, DuPage,
8 Will, Lake, and McHenry.
9 The mass transit card shall be plastic or laminated and
10 wallet-sized, contain no information that would reference
11 domestic violence or sexual assault services, and have no
12 expiration date. The cards shall also be available
13 electronically and shall be distributed to domestic violence
14 and sexual assault direct service providers to distribute to
15 survivors.
16 The total number of mass transit cards shall be
17 distributed to domestic violence and sexual assault service
18 providers throughout the Authority's region based on the
19 average number of clients served in 2021 and 2022 in
20 comparison to the total number of mass transit cards granted
21 by the Authority.
22 (b) The creation of the Program shall include an
23 appointment of a domestic violence or sexual assault program
24 service provider or a representative of the service provider's
25 choosing to the Authority's Citizen Advisory Board.
26 The Network: Advocating Against Domestic Violence shall
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1 provide an annual report of the program, including a list of
2 service providers receiving the mass transit cards, the total
3 number of cards received by each service provider, and an
4 estimated number of survivors and victims of domestic violence
5 and sexual assault participating in the program. The report
6 shall also include survivor testimonies of the program and
7 shall include program provided recommendations on improving
8 implementation of the Program. The report shall be provided to
9 the Regional Transit Authority one calendar year after the
10 creation of the Program.
11 In partnership with The Network: Advocating Against
12 Domestic Violence, the Authority shall report this information
13 to the Board and the Citizen Advisory Board and compile an
14 annual report of the Program to the General Assembly and to
15 domestic violence and sexual assault service providers in the
16 service providers' jurisdiction and include recommendations
17 for improving implementation of the Program.
18 (Source: P.A. 103-281, eff. 7-28-23.)
19 (70 ILCS 3615/2.43 new)
20 Sec. 2.43. Transit-supportive development.
21 (a) As used in this Section, "transit-supportive
22 development" means a form of joint development that is
23 recognized by the Federal Transit Administration and in which
24 residential improvements, commercial improvements, and
25 supporting infrastructure improvements are designed to
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1 facilitate access to and use of public transit.
2 (b) The Authority shall have power to acquire, construct,
3 own, operate, or maintain for public service
4 transit-supportive development in the metropolitan region and
5 all the powers necessary or convenient to accomplish the
6 purposes of this Section.
7 (c) The Authority shall have power to acquire by purchase,
8 condemnation, lease, gift, or otherwise any property and
9 rights useful for its transit-supportive development purposes;
10 to sell, lease, transfer, or convey any property or rights
11 when no longer useful; or to exchange the same for other
12 property or rights that are useful for its purposes.
13 (d) In addition to other powers provided in this Act, the
14 Authority shall have power to enter into contracts and
15 agreements with governmental, not-for-profit, and for-profit
16 entities for the development, construction, and operation of
17 transit-supportive developments.
18 (e) The Authority shall have the continuing power to
19 borrow money for (i) the purpose of acquiring, constructing,
20 reconstructing, extending, or improving transit-supportive
21 developments or any part of those developments and (ii) the
22 purpose of acquiring property and equipment useful for the
23 construction, reconstruction, extension, improvement, or
24 operation of its transit-supportive developments or any part
25 of those developments.
26 (f) The Authority may use the powers of condemnation under
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1 subsection (c) over property within the jurisdiction of a
2 municipality only if the corporate authorities of the
3 municipality having jurisdiction of the property approve of
4 the use of those powers by ordinance or resolution. The
5 Authority may use the powers of condemnation under subsection
6 (c) over property that is not within the jurisdiction of a
7 municipality only if the county board or the board of
8 commissioners of the county having jurisdiction of the
9 property approve of the use of the powers by ordinance or
10 resolution.
11 (g) This Section does not exempt the Authority from
12 complying with land use regulations and other local laws
13 applicable to the property involved in a transit-supportive
14 development and the development itself.
15 (70 ILCS 3615/2.44 new)
16 Sec. 2.44. Transit-supportive development opportunity
17 inventory.
18 (a) As used in this Section, "transit-supportive
19 development" means residential and commercial infrastructure
20 improvements that are (i) located within one-half mile of a
21 public transportation station or within one-eighth of a mile
22 of a bus stop on a public transportation bus route and (ii)
23 designed to facilitate access to and use of public transit.
24 (b) The Authority shall develop an inventory of all real
25 property owned by the Authority or the Service Boards to
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1 identify all property that could allow for transit-supportive
2 development without impeding the operations of the Authority
3 or Service Boards. The inventory shall identify, at minimum,
4 any parcels owned by the Authority or by a Service Board that
5 are (i) located within one-half mile of a public
6 transportation station or within one-eighth of a mile of a bus
7 stop on a public transportation bus route and (ii) are
8 unimproved or contain improvements whose gross square footage
9 (excluding parking facilities) is less than the total land
10 square footage of the parcel.
11 (c) No later than 12 months after the effective date of
12 this amendatory Act of the 104th General Assembly, the
13 Authority shall provide for direct, public access to a
14 database of all parcels of real property thus identified. The
15 database shall include each parcel sortable and searchable by,
16 at minimum:
17 (1) total land square footage;
18 (2) gross square footage of any improvements contained
19 within the parcel;
20 (3) the current use of the parcel by the current
21 owner, including any restrictions on use imposed by
22 Authority rule or agreement or by federal law;
23 (4) any parcel identification number that may be
24 issued by the assessor of the county containing the
25 parcel;
26 (5) zip code;
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1 (6) parcel centroid longitude; and
2 (7) parcel centroid latitude.
3 (d) The database may also include parcels owned by other
4 governmental agencies or nongovernmental organizations that
5 are identified to the Authority by the entity owning them as
6 suitable for allowing transit-supportive development. Any
7 parcels included should be sortable and searchable as
8 described in subsection (c).
9 (e) The Authority may establish and maintain this database
10 through an accessible website or delegate this responsibility
11 to the Chicago Metropolitan Agency for Planning if the Chicago
12 Metropolitan Agency for Planning agrees to assume this
13 responsibility.
14 (70 ILCS 3615/2.45 new)
15 Sec. 2.45. Transit-Supportive Development Incentive
16 Program.
17 (a) As used in this Section, "transit-supportive
18 development" means commercial or residential development that
19 is designed to expand the public transportation ridership base
20 or to effectively connect public transportation users to such
21 developments. "Transit-supportive development" includes, but
22 is not limited to, laws and policies that further these
23 objectives, capital improvements that foster communities with
24 high per capita transit ridership, and public transportation
25 operation improvements that support efforts to build
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1 communities with high per capita transit ridership.
2 (b) The Authority may establish a Transit-Supportive
3 Development Incentive Program and authorize the deposit of
4 Authority moneys into a Transit-Supportive Development
5 Incentive Fund. Amounts on deposit in the Fund and interest
6 and other earnings on those amounts may be used by the
7 Authority, with the approval of its Directors and after a
8 competitive application and scoring process that includes an
9 opportunity for public participation, for operating or capital
10 grants or loans to Service Boards, Transportation Agencies, or
11 units of local government for the following purposes:
12 (1) investment in transit-supportive residential and
13 commercial development, including developments on or in
14 the vicinity of property owned by the Authority, a Service
15 Board, or a Transportation Agency;
16 (2) grants to local governments to help cover the cost
17 of drafting and implementing land use, parking, and other
18 laws that are intended to encourage and shall reasonably
19 have the effect of allowing or supporting
20 transit-supportive residential or commercial development;
21 and
22 (3) providing resources for increased public
23 transportation service in and around transit-supportive
24 residential and commercial developments, especially newly
25 created transit-supportive developments.
26 (c) If the Authority establishes such a program, the
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1 Authority shall develop and publish scoring criteria that it
2 shall use in making awards from the Transit-Supportive
3 Development Incentive Fund. The scoring criteria shall
4 prioritize high-density development in and in the near
5 vicinity of public transportation stations and routes and
6 shall prioritize projects that (i) are likely to increase per
7 capita public transportation ridership, (ii) serve
8 disadvantaged and transit-dependent populations, and (iii) are
9 located in jurisdictions that have land use and other policies
10 that encourage the level of residential density and
11 concentration of businesses in walkable districts accessible
12 by public transportation required to support financially
13 viable public transportation service with substantial
14 ridership.
15 (d) Any grantee that receives funds under this Section
16 must (i) implement such programs within one year after receipt
17 of the funds and (ii) determine, within 2 years following
18 commencement of any program using such funds, whether it has
19 resulted in increased use of public transportation by those
20 residing in the area covered by the program or those accessing
21 the area from outside the area. No additional funds under this
22 Section may be distributed to a grantee for any individual
23 program beyond 2 years unless the Board of the Authority
24 waives this limitation. A waiver shall be with regard to an
25 individual program and with regard to a one-year period, and
26 any further waivers for an individual program require a
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1 subsequent vote of the Board.
2 (e) The Authority may reallocate unused funds deposited
3 into the Transit-Supportive Development Incentive Fund to
4 other Authority purposes and programs.
5 (70 ILCS 3615/2.46 new)
6 Sec. 2.46. Transit ambassadors.
7 (a) By July 1, 2027, the Authority shall implement a
8 transit ambassador program to increase safety for passengers
9 and personnel, provide passenger education and assistance, and
10 help passengers navigate all transit systems under the
11 Authority.
12 (b) To ensure regional competency and system integration,
13 the Authority shall develop a transit ambassador training
14 program with input from each Service Board and interested
15 stakeholders and in alignment with subsection (d) of Section
16 25 of the Community Emergency Services and Support Act.
17 (c) The Service Boards in coordination with the Authority
18 shall deploy trained, unarmed personnel on buses, bus stops,
19 trains, and stations to achieve the goals of the Transit
20 Ambassador Program.
21 (d) Transit ambassador units may be composed of mobile and
22 fixed post personnel.
23 (e) The responsibilities of a transit ambassador may
24 include, but are not limited to:
25 (1) navigational and other passenger assistance;
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1 (2) liaising with law enforcement, social services,
2 and community resources to address unsafe conditions and
3 to connect persons with relevant social, medical, and
4 other services; and
5 (3) monitoring passenger activity and compliance with
6 laws and rules.
7 (f) No less than 80% of transit ambassadors serving the
8 Chicago Transit Authority shall be full-time employees of the
9 Chicago Transit Authority. The Chicago Transit Authority shall
10 bargain with the union representing current customer service
11 employees to determine the initial conditions of employment
12 for the transit ambassadors.
13 (g) Those persons employed by the Chicago Transit
14 Authority as Customer Service Assistants, who meet the
15 applicable Transit Ambassador qualifications and the
16 requirements of the training program established pursuant to
17 the Chicago Transit Authority Transit Ambassador Program,
18 shall be hired prior to the hiring of any other personnel.
19 (h) Customer-facing employees of the Commuter Rail
20 Division shall undergo the standard transit ambassador
21 training program developed by the Authority.
22 (i) Existing employees of the Service Boards identified to
23 complete the transit ambassador training shall do so by
24 January 1, 2027.
25 (j) The Authority shall facilitate coordination between
26 the Service Boards to ensure communication and continuity
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1 across all Service Boards.
2 (k) Beginning January 1, 2031, the Authority shall
3 evaluate the efficacy of the program no less than every 5 years
4 and identify needed changes and improvements.
5 (70 ILCS 3615/2.47 new)
6 Sec. 2.47. Language accessibility.
7 (a) As used in this Section:
8 "Limited English proficient individual" means an
9 individual who does not speak English as the individual's
10 primary language and who has a limited ability to read, speak,
11 write, or understand English.
12 "Major languages" means a language with at least 50,000
13 native speakers in Illinois based on the last decennial
14 census.
15 "Qualified interpreter" or "qualified translator" means an
16 individual proficient in both English and the non-English
17 language used by the limited English proficient individual,
18 with demonstrated ability to interpret or translate accurately
19 and impartially.
20 "Vital documents" means materials critical for obtaining
21 services or understanding rider rights, including fare
22 schedules, safety information, service announcements, and
23 notices of rights or responsibilities.
24 (b) The Authority and all Service Boards shall:
25 (1) arrange for a qualified translator to translate
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1 all vital documents into all major languages;
2 (2) provide oral interpretation services in major
3 languages spoken by limited English proficient individuals
4 by a qualified interpreter at customer service centers, by
5 multilingual phone lines, or through on-demand interpreter
6 services;
7 (3) post multilingual signage in major languages
8 spoken by limited English proficient individuals,
9 including "I Speak" language identification posters, in
10 major transit hubs and vehicles; and
11 (4) include translation features in major languages
12 spoken by limited English proficient individuals for
13 digital platforms, applications, and real-time service
14 updates.
15 (c) No later than January 1, 2027, and every 3 years
16 thereafter, the Authority, in coordination with the Service
17 Boards, shall develop and implement, and update every 3 years
18 thereafter, a language access plan. The language access plan
19 shall:
20 (1) identify limited English proficient populations in
21 the metropolitan area, based on census, rider surveys, and
22 community input;
23 (2) describe language assistance services currently
24 provided;
25 (3) implement a timeline for improvements and
26 expansion of language assistance services; and
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1 (4) designate staff responsible for compliance and
2 monitoring.
3 (d) The Authority and all Service Boards shall conduct
4 regular outreach to limited English proficient communities
5 through culturally competent community organizations and
6 ethnic media and include limited English proficient riders in
7 service planning, language access evaluations, and public
8 engagement sessions.
9 (e) The Authority shall develop and make available to all
10 frontline and customer-facing staff training on legal
11 obligations under federal law, proper use of language
12 services, and cultural competency best practices. The Service
13 Boards shall make best efforts to ensure that all new hires and
14 existing customer-facing employees complete the training.
15 (f) No later than January 1, 2027, and each year
16 thereafter, each Service Board shall submit annual language
17 access progress reports to the Authority.
18 (g) The Authority shall conduct an annual compliance
19 review of at least one Service Board.
20 (70 ILCS 3615/2.48 new)
21 Sec. 2.48. Medical service reimbursement.
22 (a) If the Village of Forest Park, the Village of Oak Park,
23 the Village of River Forest, or the Village of Rosemont incur
24 costs for the provision of first responder services,
25 including, but not limited to, police, fire, paramedic,
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1 emergency medical technician, or ambulance responses, at a
2 Chicago Transit Authority Blue Line or Green Line station that
3 is located within its corporate boundaries, then the Authority
4 shall reimburse the applicable village for those costs.
5 (b) Reimbursements shall be made by the Authority on an
6 annual basis. The Village of Forest Park, the Village of Oak
7 Park, the Village of River Forest, and the Village of Rosemont
8 shall submit an itemized billing statement to the Authority no
9 later than January 15 of each calendar year for the costs it
10 incurred during the preceding calendar year. The Authority
11 shall remit payment to the Village of Forest Park, the Village
12 of Oak Park, the Village of River Forest, and the Village of
13 Rosemont no later than February 6 following receipt of the
14 billing statement.
15 (c) The Authority may enter into intergovernmental
16 agreements or adopt rules as necessary to administer the
17 reimbursement process described in this Section.
18 (70 ILCS 3615/2.49 new)
19 Sec. 2.49. Renovations to terminals.
20 (a) The Authority shall remodel, renovate, or construct a
21 new station at or near the Central station and the western
22 entrance at Leclaire Avenue location on the Blue Line. The
23 renovated or newly constructed station shall be completed and
24 open for public operation no later than January 1, 2029.
25 (b) The Authority shall remodel, renovate, or construct a
SB2111 Enrolled - 230 - LRB104 09876 LNS 19944 b
1 new station along the Green Line within the Englewood
2 community area. The renovated or newly constructed station
3 shall be completed and open for public operation no later than
4 January 1, 2029.
5 (c) The Authority may enter into intergovernmental
6 agreements with municipalities to share costs for repair and
7 related right-of-way improvements for bridges used by the
8 Green Line located outside of the City of Chicago.
9 (d) The Authority may enter into cost-sharing agreements
10 necessary to carry out the purposes of this Section using
11 funds appropriated to it and funds made available through
12 existing capital programs administered by the Department of
13 Transportation or the Authority.
14 (70 ILCS 3615/3.01) (from Ch. 111 2/3, par. 703.01)
15 Sec. 3.01. Board of Directors. The corporate authorities
16 and governing and administrative body of the Authority shall
17 be a Board consisting of 20 13 Directors until April 1, 2008,
18 and 16 Directors thereafter, appointed as follows:
19 (a) Five Four Directors appointed by the Mayor of the City
20 of Chicago, with the advice and consent of the City Council of
21 the City of Chicago, and, only until April 1, 2008, a fifth
22 director who shall be the Chairman of the Chicago Transit
23 Authority. After April 1, 2008, the Mayor of the City of
24 Chicago, with the advice and consent of the City Council of the
25 City of Chicago, shall appoint a fifth Director. The Directors
SB2111 Enrolled - 231 - LRB104 09876 LNS 19944 b
1 appointed by the Mayor of the City of Chicago shall not be the
2 Chairman or a Director of the Chicago Transit Authority. Each
3 such Director shall reside in the City of Chicago. Directors
4 appointed under this subsection shall include:
5 (1) one Director with an initial term of 5 years who
6 shall serve as a member of the Board of the Chicago Transit
7 Authority;
8 (2) one Director with an initial term of 3 years who
9 shall serve as a member of the Board of the Chicago Transit
10 Authority;
11 (3) one Director with an initial term of 5 years who
12 shall serve as a director of the Suburban Bus Board;
13 (4) one Director with an initial term of 3 years who
14 shall serve as a director of the Commuter Rail Board; and
15 (5) one Director with an initial term of 5 years.
16 (a-5) Five Directors appointed by the Governor of the
17 State of Illinois with the advice and consent of the Senate.
18 Each Director appointed under this subsection shall reside in
19 the metropolitan region. Directors appointed under this
20 subsection shall include:
21 (1) one Director with an initial term of 5 years who
22 shall serve as a member of the Board of the Chicago Transit
23 Authority;
24 (2) one Director with an initial term of 3 years who
25 shall serve as a director of the Suburban Bus Board;
26 (3) one Director appointed by the Governor, with the
SB2111 Enrolled - 232 - LRB104 09876 LNS 19944 b
1 advice and consent of the Senate, with an initial term of 5
2 years who shall serve as a director of the Commuter Rail
3 Board;
4 (4) one Director with an initial term of 5 years; and
5 (5) one Director with an initial term of 3 years.
6 (b) Five Four Directors appointed by the President of
7 votes of a majority of the members of the Cook County Board of
8 Commissioners, with the advice and consent of the Cook County
9 Board of Commissioners, including: elected from districts, a
10 majority of the electors of which reside outside Chicago.
11 After April 1, 2008, a fifth Director appointed by the
12 President of the Cook County Board with the advice and consent
13 of the members of the Cook County Board. Each Director
14 appointed under this subparagraph shall reside in that part of
15 Cook County outside Chicago.
16 (1) one Director representing those communities in
17 Cook County that are outside of the City of Chicago and
18 north of Devon Avenue who shall reside in the area the
19 Director represents, serve an initial term of 3 years, and
20 serve as a director of the Suburban Bus Board;
21 (2) one Director representing those communities in
22 Cook County that are outside of the City of Chicago, south
23 of Devon Avenue, and north of Interstate 55, and in
24 addition the Village of Summit who shall reside in the
25 area the Director represents, serve an initial term of 5
26 years, and serve as a director of the Suburban Bus Board;
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1 (3) one Director representing those communities in
2 Cook County that are outside of the City of Chicago, south
3 of Interstate 55, and west of the Interstate 57, excluding
4 the communities of Summit, Dixmoor, Posen, Robbins,
5 Midlothian, Oak Forest, and Tinley Park who shall reside
6 in the area the Director represents, serve an initial term
7 of 3 years, and serve as a director of the Commuter Rail
8 Board;
9 (4) one Director representing those communities in
10 Cook County that are outside of the City of Chicago and
11 east of Interstate 57, and, in addition, the communities
12 of Dixmoor, Posen, Robbins, Midlothian, Oak Forest, and
13 Tinley Park who shall reside in the area the Director
14 represents, serve an initial term of 5 years, and serve as
15 a director of the Commuter Rail Board; and
16 (5) one Director with an initial term of 3 years who
17 shall serve as a member of the Board of the Chicago Transit
18 Authority.
19 (b-5) Five Directors appointed by the chair of the county
20 boards of Kane, Lake, McHenry, DuPage, and Will counties. Each
21 chair shall appoint one Director for the chair's county, with
22 the advice and consent of the chair's county board. Each
23 Director shall reside in the county from which the Director is
24 appointed. Directors appointed under this subsection shall
25 include:
26 (1) one Director appointed by the Chairman of the
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1 DuPage County Board with an initial term of 5 years who
2 shall serve as a director of the Suburban Bus Board;
3 (2) one Director appointed by the Chairman of the Kane
4 County Board with an initial term of 3 years who shall
5 serve as a director of the Suburban Bus Board;
6 (3) one Director appointed by the Chairman of the Lake
7 County Board with an initial term of 3 years who shall
8 serve as a director of the Commuter Rail Board;
9 (4) one Director appointed by the Chairman of the
10 McHenry County Board with an initial term of 5 years who
11 shall serve as a director of the Commuter Rail Board; and
12 (5) one Director appointed by the County Executive of
13 Will County Board who shall reside in Will County, serve
14 an initial term of 3 years, and serve as a director of the
15 Suburban Bus Board.
16 (b-10) On September 1, 2026, the terms of all directors
17 serving on the effective date of this amendatory Act of the
18 104th General Assembly and of any directors appointed to fill
19 a vacancy shall immediately expire. If a vacancy on the Board
20 occurs before September 1, 2026, then the vacancy shall be
21 filled under Section 3.03. Directors serving on the effective
22 date of this amendatory Act of the 104th General Assembly may
23 be reappointed.
24 (b-15) Within 120 days of the effective date of this
25 amendatory Act of the 104th General Assembly, the appointing
26 authorities shall appoint, with the advice and consent
SB2111 Enrolled - 235 - LRB104 09876 LNS 19944 b
1 required under this Section, a new Board of the Authority.
2 Directors have been appointed when appointments are filed with
3 and accepted by the Secretary of State in accordance with
4 subsection (g). The initial Directors appointed after the
5 effective date of this amendatory Act of the 104th General
6 Assembly shall serve terms of office beginning on September 1,
7 2026.
8 (b-20) On the first meeting of the Board the Directors
9 after the effective date of this amendatory Act of the 104th
10 General Assembly, the Board of Directors shall, by majority
11 vote, elect a Director to serve as Chair of the Board. All
12 subsequent Chairs of the Board shall be elected by a majority
13 vote by the Directors of the Board from among the Directors.
14 Until September 1, 2030, the Chair of the Board must be
15 confirmed by the Senate. Until September 1, 2030, if the
16 Directors elect a Chair of the Board, then the elected Chair of
17 the Board may serve as a the acting Chair of the Board until
18 confirmation. Until September 1, 2030, if the Senate votes
19 against confirming the acting Chair of the Board, then the
20 acting Chair of the Board must resign and the Directors must
21 elect a new Chair of the Board.
22 (b-25) The subsequent terms of each Director appointed
23 after September 1, 2026 shall be 5 years.
24 (c) (Blank). Until April 1, 2008, 3 Directors appointed by
25 the Chairmen of the County Boards of DuPage, Kane, Lake,
26 McHenry, and Will Counties, as follows:
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1 (i) Two Directors appointed by the Chairmen of the
2 county boards of Kane, Lake, McHenry and Will Counties,
3 with the concurrence of not less than a majority of the
4 Chairmen from such counties, from nominees by the
5 Chairmen. Each such Chairman may nominate not more than 2
6 persons for each position. Each such Director shall reside
7 in a county in the metropolitan region other than Cook or
8 DuPage Counties.
9 (ii) One Director appointed by the Chairman of the
10 DuPage County Board with the advice and consent of the
11 DuPage County Board. Such Director shall reside in DuPage
12 County.
13 (d) (Blank). After April 1, 2008, 5 Directors appointed by
14 the Chairmen of the County Boards of DuPage, Kane, Lake and
15 McHenry Counties and the County Executive of Will County, as
16 follows:
17 (i) One Director appointed by the Chairman of the Kane
18 County Board with the advice and consent of the Kane
19 County Board. Such Director shall reside in Kane County.
20 (ii) One Director appointed by the County Executive of
21 Will County with the advice and consent of the Will County
22 Board. Such Director shall reside in Will County.
23 (iii) One Director appointed by the Chairman of the
24 DuPage County Board with the advice and consent of the
25 DuPage County Board. Such Director shall reside in DuPage
26 County.
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1 (iv) One Director appointed by the Chairman of the
2 Lake County Board with the advice and consent of the Lake
3 County Board. Such Director shall reside in Lake County.
4 (v) One Director appointed by the Chairman of the
5 McHenry County Board with the advice and consent of the
6 McHenry County Board. Such Director shall reside in
7 McHenry County.
8 (vi) To implement the changes in appointing authority
9 under this subparagraph (d) the three Directors appointed
10 under subparagraph (c) and residing in Lake County, DuPage
11 County, and Kane County respectively shall each continue
12 to serve as Director until the expiration of their
13 respective term of office and until his or her successor
14 is appointed and qualified or a vacancy occurs in the
15 office. Thereupon, the appointment shall be made by the
16 officials given appointing authority with respect to the
17 Director whose term has expired or office has become
18 vacant.
19 (e) (Blank). The Chairman serving on the effective date of
20 this amendatory Act of the 95th General Assembly shall
21 continue to serve as Chairman until the expiration of his or
22 her term of office and until his or her successor is appointed
23 and qualified or a vacancy occurs in the office. Upon the
24 expiration or vacancy of the term of the Chairman then serving
25 upon the effective date of this amendatory Act of the 95th
26 General Assembly, the Chairman shall be appointed by the other
SB2111 Enrolled - 238 - LRB104 09876 LNS 19944 b
1 Directors, by the affirmative vote of at least 11 of the then
2 Directors with at least 2 affirmative votes from Directors who
3 reside in the City of Chicago, at least 2 affirmative votes
4 from Directors who reside in Cook County outside the City of
5 Chicago, and at least 2 affirmative votes from Directors who
6 reside in the Counties of DuPage, Lake, Will, Kane, or
7 McHenry. The chairman shall not be appointed from among the
8 other Directors. The chairman shall be a resident of the
9 metropolitan region.
10 (f) Except as otherwise provided by this Act, no Director
11 shall, while serving as such, be an officer, a member of the
12 Board of Directors or Trustees, or an employee of any Service
13 Board or Transportation Agency, transportation agency, or be
14 an employee of the State, of Illinois or any department or
15 agency of the State thereof, or of any municipality, county,
16 or any other unit of local government or receive any
17 compensation from any elected or appointed office under the
18 Constitution and laws of Illinois; except that a Director may
19 be a member of a school board ,a member of the National Guard,
20 or, if the Director is also a member of the Suburban Bus Board,
21 an elected officer of a municipality.
22 (g) Each appointment made under this Section and under
23 Section 3.03 shall be certified by the appointing authority
24 and filed with the Secretary of State and to the Secretary of
25 the Board. The Secretary of the Board , which shall maintain
26 the certifications as part of the official records of the
SB2111 Enrolled - 239 - LRB104 09876 LNS 19944 b
1 Authority.
2 (h) (Blank).
3 (i) Directors shall have diverse and substantial relevant
4 experience and expertise for overseeing the planning,
5 operation, and funding of a regional transportation system,
6 including, but not limited to, backgrounds in urban and
7 regional planning, management of large capital projects, labor
8 and workforce development, business management, public
9 administration, transportation, and community organizations.
10 (j) Those responsible for appointing Directors shall
11 strive to assemble a set of Directors that, to the greatest
12 extent possible, reflects the ethnic, cultural, economic,
13 racial, and geographic diversity of the metropolitan region.
14 (Source: P.A. 98-709, eff. 7-16-14.)
15 (70 ILCS 3615/3.03) (from Ch. 111 2/3, par. 703.03)
16 Sec. 3.03. Terms, vacancies. Each Director shall hold
17 office for a term of 5 years, and until his successor has been
18 appointed and has qualified. A vacancy shall occur upon
19 resignation, death, conviction of a felony, or removal from
20 office of a Director. Any Director may be removed from office
21 (i) upon a supermajority vote concurrence of not less than 11
22 Directors, on a formal finding of incompetence, neglect of
23 duty, or malfeasance in office or (ii) by the Governor in
24 response to a summary report received from the Executive
25 Inspector General in accordance with Section 20-50 of the
SB2111 Enrolled - 240 - LRB104 09876 LNS 19944 b
1 State Officials and Employees Ethics Act, provided he or she
2 has an opportunity to be publicly heard in person or by counsel
3 prior to removal. Within 30 days after the office of any
4 Director member becomes vacant for any reason, the appointing
5 authorities of the Director such member shall make an
6 appointment to fill the vacancy. A vacancy shall be filled for
7 the unexpired term.
8 Whenever a vacancy for a Director, except as to the
9 Chairman or those Directors appointed by the Mayor of the City
10 of Chicago, exists for longer than 4 months, the new Director
11 shall be chosen by election by all legislative members in the
12 General Assembly representing the affected area. In order to
13 qualify as a voting legislative member in this matter, the
14 affected area must be more than 50% of the geographic area of
15 the legislative district.
16 (Source: P.A. 95-708, eff. 1-18-08; 96-1528, eff. 7-1-11.)
17 (70 ILCS 3615/3.04) (from Ch. 111 2/3, par. 703.04)
18 Sec. 3.04. Compensation. Each Director including the
19 Chairman, except for the Chairman of the Chicago Transit
20 Authority who shall not be compensated by the Authority, shall
21 be compensated at the rate of $15,000 $25,000 per year.
22 Payments shall be made monthly. A director shall not be
23 eligible for pay for a month if the director is absent from any
24 regularly scheduled meeting, unless due to illness or an
25 emergency.
SB2111 Enrolled - 241 - LRB104 09876 LNS 19944 b
1 Directors shall be required to complete an annual training
2 on financial management and procurement laws, policies, and
3 procedures. Directors who failed to complete the required
4 trainings shall not be eligible for compensation.
5 Officers of the Authority shall not be required to comply
6 with the requirements of "An Act requiring certain custodians
7 of public moneys to file and publish statements of the
8 receipts and disbursements thereof", approved June 24, 1919,
9 as now or hereafter amended.
10 (Source: P.A. 83-885; 83-886.)
11 (70 ILCS 3615/3.05) (from Ch. 111 2/3, par. 703.05)
12 Sec. 3.05. Meetings. The Board shall prescribe the times
13 and places for meetings and the manner in which special
14 meetings may be called. The Board shall comply in all respects
15 with the "Open Meetings Act", approved July 11, 1957, as now or
16 hereafter amended. All records, documents and papers of the
17 Authority, other than those relating to matters concerning
18 which closed sessions of the Board may be held, shall be
19 available for public examination, subject to such reasonable
20 regulations as the Board may adopt.
21 A majority of the Directors holding office shall
22 constitute a quorum for the conduct of business. Except as
23 otherwise provided in this Act, a supermajority vote the
24 affirmative votes of at least 9 Directors shall be necessary
25 for approving any contract or agreement, adopting any rule or
SB2111 Enrolled - 242 - LRB104 09876 LNS 19944 b
1 regulation, and any other action required by this Act to be
2 taken by resolution or ordinance.
3 The Board shall meet with the Regional Citizens Advisory
4 Board at least once every 4 months.
5 Open meetings of the Board shall be broadcast to the
6 public and maintained in real-time on the Board's website
7 using a high-speed Internet connection. Recordings of each
8 meeting broadcast shall be posted to the Board's website
9 within a reasonable time after the meeting and shall be
10 maintained as public records to the extent practicable, as
11 determined by the Board. Compliance with the provisions of
12 this amendatory Act of the 98th General Assembly does not
13 relieve the Board of its obligations under the Open Meetings
14 Act.
15 (Source: P.A. 98-1139, eff. 6-1-15.)
16 (70 ILCS 3615/3.13 new)
17 Sec. 3.13. Board members' professional development
18 leadership training.
19 (a) In addition to any other training requirements that
20 may be established under Illinois law or ordinance adopted by
21 the Authority, every Director of the Board of the Authority
22 and member of the Service Boards must participate in a
23 mandatory training seminar within the first 3 months of the
24 Director's or member's term of office. The training shall
25 consist of at least 4 hours of professional development
SB2111 Enrolled - 243 - LRB104 09876 LNS 19944 b
1 leadership training covering topics that shall include, but
2 are not limited to, financial oversight and accountability,
3 procurement, audits, fiduciary responsibilities of a member of
4 a governing board, and conflicts of interest. The training
5 shall be completed by each member of the board every 2 years.
6 (b) The training under this Section may be provided by the
7 Authority's legal counsel or ethics officer or by other
8 qualified providers. The Authority may contract with a
9 qualified provider to provide the training required under this
10 Section.
11 (c) Any Director of the Board of the Authority or member of
12 the Service Boards who does not timely complete the training
13 required under this Section or the ethics and harassment and
14 discrimination prevention trainings required by the State
15 Officials and Employees Ethics Act is not eligible to serve on
16 the Board of the Authority or the Service Board, unless (i) the
17 Director or member completes the missed training within 30
18 days after the date the Director or member failed to complete
19 the required training or (ii) the Director or member has a
20 legitimate medical excuse. Upon resolution of the
21 circumstances giving rise to a legitimate medical excuse, the
22 Director or member shall have 30 days to complete the required
23 training. If the Director or member fails to complete the
24 training required under this Section, then the secretary of
25 the Board of the Authority or Service Board shall notify (i)
26 the Chair of the Board of the Authority, (ii) the Service
SB2111 Enrolled - 244 - LRB104 09876 LNS 19944 b
1 Board, if the Director or member is a member of a Service
2 Board, and (iii) the authority that appointed the Director or
3 member.
4 (d) A Director of the Board of the Authority or member of a
5 Service Board in violation of this Section may not be
6 compensated for service as a Director of the Board of the
7 Authority or as a member of a Service Board.
8 (e) Failure of the Director or member to complete the
9 training required by this Section does not affect the validity
10 of any action taken by the Authority or the Service Board.
11 (70 ILCS 3615/3A.01) (from Ch. 111 2/3, par. 703A.01)
12 Sec. 3A.01. Suburban Bus Division. There is established
13 within the Authority the Suburban Bus Division as the
14 operating division responsible for providing public
15 transportation by bus and as may be provided in this Act.
16 Purchase of service agreements between a Transportation Agency
17 transportation agency and the Authority in effect on the
18 effective date of this amendatory Act shall remain in full
19 force and effect in accordance with the terms of such
20 agreement. Such agreements shall first be the responsibility
21 of the Transition Board and, on the date of its creation, shall
22 be the responsibility of the Suburban Bus Division and its
23 Board.
24 (Source: P.A. 83-885; 83-886.)
SB2111 Enrolled - 245 - LRB104 09876 LNS 19944 b
1 (70 ILCS 3615/3A.02) (from Ch. 111 2/3, par. 703A.02)
2 Sec. 3A.02. Suburban Bus Board.
3 (a) The governing body of the Suburban Bus Division shall
4 be the Suburban Bus Board. Until September 1, 2026, the
5 Suburban Bus Board shall consist shall be a board consisting
6 of 13 directors appointed as follows:
7 (1) (a) Six Directors appointed by the members of the
8 Cook County Board elected from that part of Cook County
9 outside of Chicago, or in the event such Board of
10 Commissioners becomes elected from single member
11 districts, by those Commissioners elected from districts,
12 a majority of the residents of which reside outside of
13 Chicago from the chief executive officers of the
14 municipalities, of that portion of Cook County outside of
15 Chicago. Provided however, that:
16 (A) (i) One of the Directors shall be the chief
17 executive officer of a municipality within the area of
18 the Northwest Region defined in Section 3A.13;
19 (B) (ii) One of the Directors shall be the chief
20 executive officer of a municipality within the area of
21 the North Central Region defined in Section 3A.13;
22 (C) (iii) One of the Directors shall be the chief
23 executive officer of a municipality within the area of
24 the North Shore Region defined in Section 3A.13;
25 (D) (iv) One of the Directors shall be the chief
26 executive officer of a municipality within the area of
SB2111 Enrolled - 246 - LRB104 09876 LNS 19944 b
1 the Central Region defined in Section 3A.13;
2 (E) (v) One of the Directors shall be the chief
3 executive officer of a municipality within the area of
4 the Southwest Region defined in Section 3A.13;
5 (F) (vi) One of the Directors shall be the chief
6 executive officer of a municipality within the area of
7 the South Region defined in Section 3A.13;
8 (2) (b) One Director by the Chairman of the Kane
9 County Board who shall be a chief executive officer of a
10 municipality within Kane County;
11 (3) (c) One Director by the Chairman of the Lake
12 County Board who shall be a chief executive officer of a
13 municipality within Lake County;
14 (4) (d) One Director by the Chairman of the DuPage
15 County Board who shall be a chief executive officer of a
16 municipality within DuPage County;
17 (5) (e) One Director by the Chairman of the McHenry
18 County Board who shall be a chief executive officer of a
19 municipality within McHenry County;
20 (6) (f) One Director by the Chairman of the Will
21 County Board who shall be a chief executive officer of a
22 municipality within Will County;
23 (7) (g) The Commissioner of the Mayor's Office for
24 People with Disabilities, from the City of Chicago, who
25 shall serve as an ex officio ex-officio member; and
26 (8) (h) The Chairman by the Governor for the initial
SB2111 Enrolled - 247 - LRB104 09876 LNS 19944 b
1 term, and thereafter by a majority of the Chairmen of the
2 DuPage, Kane, Lake, McHenry and Will County Boards and the
3 members of the Cook County Board elected from that part of
4 Cook County outside of Chicago, or in the event such Board
5 of Commissioners is elected from single member districts,
6 by those Commissioners elected from districts, a majority
7 of the electors of which reside outside of Chicago; and
8 who after the effective date of this amendatory Act of the
9 95th General Assembly may not be a resident of the City of
10 Chicago.
11 (b) Beginning September 1, 2026, the board shall consist
12 of 11 directors appointed as 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 3
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 5 years who
23 shall serve as a Director on the Board of the
24 Authority; and
25 (B) a director with an initial term of 3 years.
26 (3) Three directors appointed by the President of the
SB2111 Enrolled - 248 - LRB104 09876 LNS 19944 b
1 Cook County Board of Commissioners with the advice and
2 consent of the Cook County Board of Commissioners,
3 including:
4 (A) a director with an initial term of 5 years who
5 shall serve as a Director on the Board of the
6 Authority;
7 (B) a director with an initial term of 3 years who
8 shall serve as a Director on the Board of the
9 Authority; and
10 (C) a director with an initial term of 5 years.
11 (4) One director appointed by the Chairman of the
12 DuPage County Board. The director appointed under this
13 paragraph shall have an initial term of 3 years. The
14 director appointed under this paragraph shall also serve
15 as a Director on the Board of the Authority.
16 (5) One director appointed by the Chairman of the Kane
17 County Board. The director appointed under this paragraph
18 shall have an initial term of 5 years. The director
19 appointed under this paragraph shall also serve as a
20 Director on the Board of the Authority.
21 (6) One director appointed by the Chairman of the Lake
22 County Board. The director appointed under this paragraph
23 shall have an initial term of 5 years.
24 (7) One director appointed by the Chairman of the
25 McHenry County Board. The director appointed under this
26 paragraph shall have an initial term of 3 years.
SB2111 Enrolled - 249 - LRB104 09876 LNS 19944 b
1 (8) One director appointed by the County Executive of
2 Will County Board. The director appointed under this
3 paragraph shall reside in Will County. The director
4 appointed under this paragraph shall have an initial term
5 of 5 years. The director appointed under this paragraph
6 shall also serve as a Director on the Board of the
7 Authority.
8 (c) The subsequent terms of each director appointed under
9 subsection (b) shall be 5 years.
10 (d) The Chair of the Suburban Bus Board shall be elected by
11 a majority vote by the directors of the Suburban Bus Board from
12 among the directors of the Suburban Bus Board. Until September
13 1, 2030, the Chair of the Suburban Bus Board must be approved
14 by the Senate. Until September 1, 2030, if the directors of the
15 Suburban Bus Board elect a Chair of the Suburban Bus Board,
16 then the elected Chair of the Suburban Bus Board may serve as a
17 the acting Chair of the Suburban Bus Board until confirmation.
18 Until September 1, 2030, if the Senate votes against
19 confirming the acting Chair of the Suburban Bus Board, then
20 the acting Chair of the Suburban Bus Board must resign and the
21 directors of the Suburban Bus Board must elect a new Chair of
22 the Suburban Bus Board.
23 (e) Initial appointments of directors under subsection (b)
24 must be made in time for the directors to begin their terms on
25 September 1, 2026.
26 (f) On September 1, 2026, the terms of all directors
SB2111 Enrolled - 250 - LRB104 09876 LNS 19944 b
1 appointed under subsection (a) and of any directors appointed
2 to fill a vacancy shall immediately expire. If a vacancy on the
3 Suburban Bus Board occurs before September 1, 2026, then the
4 vacancy shall be filled under Section 3A.03. Directors
5 appointed under subsection (a) may be reappointed under
6 subsection (b).
7 (g) Directors shall have diverse and substantial relevant
8 experience or expertise in overseeing the planning, operation,
9 or funding of a public transportation system, including, but
10 not limited to, backgrounds in urban and regional planning,
11 management of large capital projects, labor and workforce
12 development, business management, public administration,
13 transportation, and transit and ridership advocacy.
14 (h) Those responsible for appointing directors shall
15 strive to assemble a set of directors that, to the greatest
16 extent possible, reflects the ethnic, cultural, economic,
17 racial, and geographic diversity of the metropolitan region.
18 Each appointment made under paragraphs (a) through (g) and
19 under Section 3A.03 shall be certified by the appointing
20 authority to the Suburban Bus Board which shall maintain the
21 certifications as part of the official records of the Suburban
22 Bus Board; provided that the initial appointments shall be
23 certified to the Secretary of State, who shall transmit the
24 certifications to the Suburban Bus Board following its
25 organization.
26 For the purposes of this Section, "chief executive officer
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1 of a municipality" includes a former chief executive officer
2 of a municipality within the specified Region or County,
3 provided that the former officer continues to reside within
4 such Region or County.
5 (Source: P.A. 95-906, eff. 8-26-08.)
6 (70 ILCS 3615/3A.03) (from Ch. 111 2/3, par. 703A.03)
7 Sec. 3A.03. Terms, Vacancies. Each The initial term of the
8 directors appointed pursuant to subdivision (a) of Section
9 3A.02 shall expire on June 30, 1985; the initial term of the
10 directors appointed pursuant to subdivisions (b) through (g)
11 of Section 3A.02 shall expire on June 30, 1986. Thereafter,
12 each director shall serve be appointed for a term of 4 years,
13 and until his successor has been appointed and qualified. A
14 vacancy shall occur upon the resignation, death, conviction of
15 a felony, or removal from office of a director. Any director
16 may be removed from office (i) upon the concurrence of not less
17 than 8 directors, on a formal finding of incompetence, neglect
18 of duty, or malfeasance in office or (ii) by the Governor in
19 response to a summary report received from the Executive
20 Inspector General in accordance with Section 20-50 of the
21 State Officials and Employees Ethics Act, provided he or she
22 has an opportunity to be publicly heard in person or by counsel
23 prior to removal. Within 30 days after the office of any
24 director becomes vacant for any reason, the appointing
25 authorities of such director shall make an appointment to fill
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1 the vacancy. A vacancy shall be filled for the unexpired term.
2 The initial directors other than the chairman shall be
3 appointed within 180 days of November 9, 1983.
4 On June 1, 1984 the seat of any Director of the Suburban
5 Bus Board not yet filled shall be deemed vacant and shall be
6 chosen by the election of all the legislative members of the
7 General Assembly representing the affected area. In order to
8 qualify as a voting legislative member in this matter, the
9 affected area must be more than 50% of the geographic area of
10 the legislative district.
11 (Source: P.A. 96-1528, eff. 7-1-11.)
12 (70 ILCS 3615/3A.05) (from Ch. 111 2/3, par. 703A.05)
13 Sec. 3A.05. Appointment of officers and employees. The
14 Suburban Bus Board shall, with the advice and consent of the
15 Board of the Authority, appoint an Executive Director who
16 shall be the chief executive officer of the Division,
17 appointed, retained or dismissed with the concurrence of 6 9
18 of the directors of the Suburban Bus Board. The Chair of the
19 Board of the Authority and the Executive Director of the
20 Authority shall be included in the process for choosing the
21 Executive Director of the Suburban Bus Division, including
22 membership in any search committee. The Executive Director of
23 the Suburban Bus Division shall appoint, retain, and employ
24 officers, attorneys, agents, engineers, employees and shall
25 organize the staff, shall allocate their functions and duties,
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1 fix compensation and conditions of employment, and consistent
2 with the policies of and direction from the Suburban Bus Board
3 take all actions necessary to achieve its purposes, fulfill
4 its responsibilities and carry out its powers, and shall have
5 such other powers and responsibilities as the Authority
6 Suburban Bus Board shall determine in an ordinance describing
7 the position's role, powers, and responsibilities. The
8 Executive Director shall be an individual of proven
9 transportation and management skills and may not be a director
10 member of the Suburban Bus Board. The Executive Director of
11 the Suburban Bus Division shall have demonstrated experience
12 with one or more of the following areas: (i) public
13 transportation system operations; (ii) infrastructure capital
14 project management; or (iii) legal or human resource
15 management for a public agency. The Executive Director of the
16 Suburban Bus Division shall also meet any qualifications that
17 may be set, by ordinance, by the Authority. The Suburban Bus
18 Division may employ its own professional management personnel
19 to provide professional and technical expertise concerning its
20 purposes and powers and to assist it in assessing the
21 performance of Transportation Agencies transportation agencies
22 in the metropolitan region.
23 No employee, officer, or agent of the Suburban Bus Board
24 may receive a bonus that exceeds 10% of his or her annual
25 salary unless that bonus has been reviewed by the Regional
26 Transportation Authority Board for a period of 14 days. After
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1 14 days, the contract shall be considered reviewed. This
2 Section does not apply to usual and customary salary
3 adjustments.
4 No unlawful discrimination, as defined and prohibited in
5 the Illinois Human Rights Act, shall be made in any term or
6 aspect of employment nor shall there be discrimination based
7 upon political reasons or factors. The Suburban Bus Board
8 shall establish regulations to insure that its discharges
9 shall not be arbitrary and that hiring and promotion are based
10 on merit.
11 The Division shall be subject to the "Illinois Human
12 Rights Act", as now or hereafter amended, and the remedies and
13 procedure established thereunder. The Suburban Bus Board shall
14 file an affirmative action program for employment by it with
15 the Department of Human Rights to ensure that applicants are
16 employed and that employees are treated during employment,
17 without regard to unlawful discrimination. Such affirmative
18 action program shall include provisions relating to hiring,
19 upgrading, demotion, transfer, recruitment, recruitment
20 advertising, selection for training and rates of pay or other
21 forms of compensation.
22 (Source: P.A. 98-1027, eff. 1-1-15.)
23 (70 ILCS 3615/3A.06) (from Ch. 111 2/3, par. 703A.06)
24 Sec. 3A.06. Compensation. The members Chairman of the
25 Suburban Bus Board shall receive an annual salary of $15,000,
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1 except that members of the Suburban Bus Board who are also
2 members of the Board of the Authority shall receive $5,000 per
3 year in addition to the compensation the members receive for
4 serving on the Board of the Authority, and the other members of
5 the Suburban Bus Board shall receive an annual salary of
6 $10,000. Each member shall be reimbursed for actual expenses
7 incurred in the performance of his duties, not to exceed $5000
8 per year.
9 Officers of the Division shall not be required to comply
10 with the requirements of the Public Funds Statement
11 Publication Act "An Act requiring certain custodians of public
12 monies to file and publish statements of the receipts and
13 disbursements thereof", approved June 24, 1919, as now or
14 hereafter amended.
15 (Source: P.A. 84-939.)
16 (70 ILCS 3615/3A.07) (from Ch. 111 2/3, par. 703A.07)
17 Sec. 3A.07. Meetings. The Suburban Bus Board shall
18 prescribe the time and places for meetings and the manner in
19 which special meetings may be called. The Suburban Bus Board
20 shall comply in all respects with the "Open Meetings Act", as
21 now or hereafter amended. All records, documents and papers of
22 the Suburban Bus Division, other than those relating to
23 matters concerning which closed sessions of the Suburban Bus
24 Board may be held, shall be available for public examination,
25 subject to such reasonable regulations as the Suburban Bus
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1 Board may adopt.
2 A majority of the members shall constitute a quorum for
3 the conduct of business. The affirmative votes of at least 6 7
4 members shall be necessary for any action required by this Act
5 to be taken by ordinance.
6 Open meetings of the Board shall be broadcast to the
7 public and maintained in real-time on the Board's website
8 using a high-speed Internet connection. Recordings of each
9 meeting broadcast shall be posted to the Board's website
10 within a reasonable time after the meeting and shall be
11 maintained as public records to the extent practicable, as
12 determined by the Board. Compliance with the provisions of
13 this Section amendatory Act of the 98th General Assembly does
14 not relieve the Board of its obligations under the Open
15 Meetings Act.
16 (Source: P.A. 98-1139, eff. 6-1-15.)
17 (70 ILCS 3615/3A.08) (from Ch. 111 2/3, par. 703A.08)
18 Sec. 3A.08. Jurisdiction. The Suburban Bus Board shall
19 have jurisdiction to provide Any public transportation by bus
20 and ADA paratransit services within the metropolitan region,
21 other than public transportation by commuter rail or public
22 transportation provided by the Chicago Transit Authority
23 pursuant to agreements in effect on the effective date of this
24 amendatory Act of 1983 or in the City of Chicago and any ADA
25 paratransit services provided pursuant to Section 2.30 of the
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1 Regional Transportation Authority Act, shall be subject to the
2 jurisdiction of the Suburban Bus Board.
3 (Source: P.A. 94-370, eff. 7-29-05.)
4 (70 ILCS 3615/3A.09) (from Ch. 111 2/3, par. 703A.09)
5 Sec. 3A.09. Powers General powers.
6 (a) The Suburban Bus Board shall:
7 (1) oversee the operations and management of the
8 Service Board;
9 (2) convey the Authority's goals, priorities, and
10 requirements to the Service Board; and
11 (3) convey information, concerns, and recommendations
12 from the Service Board to Authority leadership.
13 (b) The Suburban Bus Board shall manage the debt that was
14 issued and outstanding by its service board predecessor to
15 ensure that the obligations owed to bondholders are fulfilled.
16 (c) The Suburban Bus Board shall not have the power to
17 issue new debt other than debt or other financial instruments
18 designed to refinance or retire debt that was issued and
19 outstanding on the effective date of this amendatory Act of
20 the 104th General Assembly.
21 (d) The status and rights of employees of the Suburban Bus
22 Board under any applicable statutes, any applicable collective
23 bargaining agreements, or any pension, retirement, or annuity
24 plan shall not be affected by this amendatory Act of the 104th
25 General Assembly.
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1 (e) In addition to any powers elsewhere provided to the
2 Suburban Bus Board, it shall have all of the powers specified
3 in Section 2.20 of this Act, except that for the powers
4 specified in Section 2.20(a)(v) must be delegated to the
5 Suburban Bus Board by the Board of the Authority.
6 (f) The Suburban Bus Board shall also have the power:
7 (1) (a) to cooperate with the Regional
8 Transportation Authority in the exercise by the
9 Regional Transportation Authority of all the powers
10 granted it by such Act;
11 (2)(b) to receive funds from the Regional
12 Transportation Authority pursuant to Sections 2.02,
13 4.01, 4.02, 4.09 and 4.10 of the Regional
14 Transportation Authority Act, all as provided in the
15 Regional Transportation Authority Act;
16 (3) (c) to receive financial grants from the
17 Regional Transportation Authority or a Service Board,
18 as defined in the Regional Transportation Authority
19 Act, upon such terms and conditions as shall be set
20 forth in a grant contract between either the Suburban
21 Bus Division and the Regional Transportation Authority
22 or the Division and another Service Board, which
23 contract or agreement may be for such number of years
24 or duration as the parties agree, all as provided in
25 the Regional Transportation Authority Act;
26 (4) (d) to perform all functions necessary for the
SB2111 Enrolled - 259 - LRB104 09876 LNS 19944 b
1 provision of paratransit services under Section 2.30
2 of this Act; and
3 (e) to borrow money for the purposes of: (i)
4 constructing a new garage in the northwestern Cook County
5 suburbs, (ii) converting the South Cook garage in Markham
6 to a Compressed Natural Gas facility, (iii) constructing a
7 new paratransit garage in DuPage County, (iv) expanding
8 the North Shore garage in Evanston to accommodate
9 additional indoor bus parking, and (v) purchasing new
10 transit buses. For the purpose of evidencing the
11 obligation of the Suburban Bus Board to repay any money
12 borrowed as provided in this subsection, the Suburban Bus
13 Board may issue revenue bonds from time to time pursuant
14 to ordinance adopted by the Suburban Bus Board, subject to
15 the approval of the Regional Transportation Authority of
16 each such issuance by the affirmative vote of 12 of its
17 then Directors; provided that the Suburban Bus Board may
18 not issue bonds for the purpose of financing the
19 acquisition, construction, or improvement of any facility
20 other than those listed in this subsection (e). All such
21 bonds shall be payable solely from the revenues or income
22 or any other funds that the Suburban Bus Board may
23 receive, provided that the Suburban Bus Board may not
24 pledge as security for such bonds the moneys, if any, that
25 the Suburban Bus Board receives from the Regional
26 Transportation Authority pursuant to Section 4.03.3(f) of
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1 the Regional Transportation Authority Act. The bonds shall
2 bear interest at a rate not to exceed the maximum rate
3 authorized by the Bond Authorization Act and shall mature
4 at such time or times not exceeding 25 years from their
5 respective dates. Bonds issued pursuant to this paragraph
6 must be issued with scheduled principal or mandatory
7 redemption payments in equal amounts in each fiscal year
8 over the term of the bonds, with the first principal or
9 mandatory redemption payment scheduled within the fiscal
10 year in which bonds are issued or within the next
11 succeeding fiscal year. At least 25%, based on total
12 principal amount, of all bonds authorized pursuant to this
13 Section shall be sold pursuant to notice of sale and
14 public bid. No more than 75%, based on total principal
15 amount, of all bonds authorized pursuant to this Section
16 shall be sold by negotiated sale. The maximum principal
17 amount of the bonds that may be issued may not exceed
18 $100,000,000. The bonds shall have all the qualities of
19 negotiable instruments under the laws of this State. To
20 secure the payment of any or all of such bonds and for the
21 purpose of setting forth the covenants and undertakings of
22 the Suburban Bus Board in connection with the issuance
23 thereof and the issuance of any additional bonds payable
24 from such revenue or income as well as the use and
25 application of the revenue or income received by the
26 Suburban Bus Board, the Suburban Bus Board may execute and
SB2111 Enrolled - 261 - LRB104 09876 LNS 19944 b
1 deliver a trust agreement or agreements; provided that no
2 lien upon any physical property of the Suburban Bus Board
3 shall be created thereby. A remedy for any breach or
4 default of the terms of any such trust agreement by the
5 Suburban Bus Board may be by mandamus proceedings in any
6 court of competent jurisdiction to compel performance and
7 compliance therewith, but the trust agreement may
8 prescribe by whom or on whose behalf such action may be
9 instituted. Under no circumstances shall any bonds issued
10 by the Suburban Bus Board or any other obligation of the
11 Suburban Bus Board in connection with the issuance of such
12 bonds be or become an indebtedness or obligation of the
13 State of Illinois, the Regional Transportation Authority,
14 or any other political subdivision of or municipality
15 within the State, nor shall any such bonds or obligations
16 be or become an indebtedness of the Suburban Bus Board
17 within the purview of any constitutional limitation or
18 provision, and it shall be plainly stated on the face of
19 each bond that it does not constitute such an indebtedness
20 or obligation but is payable solely from the revenues or
21 income as aforesaid; and
22 (5) (f) to adopt ordinances and make all rules and
23 regulations proper or necessary to regulate the use,
24 operation, and maintenance of its property and
25 facilities and to carry into effect the powers granted
26 to the Suburban Bus Board, with any necessary fines or
SB2111 Enrolled - 262 - LRB104 09876 LNS 19944 b
1 penalties, such as the suspension of riding privileges
2 or confiscation of fare media under Section 2.40, as
3 the Board deems proper.
4 (g) The Suburban Bus Board shall use powers delegated to
5 it by the Authority to oversee the delivery of public
6 transportation in the metropolitan region, provided that the
7 Authority shall retain primary responsibility for setting
8 fares, service standards, schedules, and coordinated fare
9 collection so that the public transportation system in the
10 metropolitan region operates on a one-network, one-timetable,
11 one-ticket model for transit users.
12 (Source: P.A. 103-281, eff. 1-1-24.)
13 (70 ILCS 3615/3A.10.5 new)
14 Sec. 3A.10.5. Budget and program. The Suburban Bus Board,
15 subject to the powers of the Authority, shall by ordinance
16 appropriate money to perform the Division's purposes and
17 provide for payment of debts and expenses of the Division.
18 Each year, as part of the process set forth in Section 4.11,
19 the Authority shall prepare and publish a comprehensive annual
20 budget and proposed 5-year Capital Program document, and a
21 financial plan for the 2 years thereafter describing the state
22 of the Division and presenting for the forthcoming fiscal year
23 and the 2 following years the Division's plans for such
24 operations and capital expenditures as it intends to undertake
25 and the means by which it intends to finance them. The proposed
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1 budget, financial plan, and 5-year Capital Program shall be
2 based on the Authority's estimate of funds to be made
3 available to the Suburban Bus Board by or through the
4 Authority and shall conform in all respects to the
5 requirements established by the Authority. The proposed
6 budget, financial plan, and 5-year Capital Program shall
7 contain a statement of the funds estimated to be on hand at the
8 beginning of the fiscal year, the funds estimated to be
9 received from all sources for such year and the funds
10 estimated to be on hand at the end of such year. The fiscal
11 year of the Division shall be the same as the fiscal year of
12 the Authority. The proposed budget, financial plan, and 5-year
13 Capital Program shall be included in the Authority's public
14 hearings under Section 4.11. The budget, financial plan, and
15 5-year Capital Program shall then be finalized by the
16 Authority as provided in Section 4.11. The ordinance adopted
17 by the Authority as provided in Section 4.11 shall appropriate
18 such sums of money as are deemed necessary to defray all
19 necessary expenses and obligations of the Division, specifying
20 purposes and the objects or programs for which appropriations
21 are made and the amount appropriated for each object or
22 program. Additional appropriations, transfers between items
23 and other changes in such ordinance which do not alter the
24 basis upon which the balanced budget determination was made by
25 the Board of the Authority may be made from time to time by the
26 Suburban Bus Board. The Suburban Bus Board shall not (i) use
SB2111 Enrolled - 264 - LRB104 09876 LNS 19944 b
1 any funds in its budget, or in reserves, allocated for
2 operational expenses to fund capital projects or (ii) transfer
3 moneys from any funds in its budget, or in reserves, allocated
4 for operational expenses to an account primarily used to fund
5 capital projects.
6 (70 ILCS 3615/3A.12) (from Ch. 111 2/3, par. 703A.12)
7 Sec. 3A.12. Working Cash Borrowing. The Suburban Bus Board
8 with the affirmative vote of 8 9 of its Directors may request
9 demand and direct the Board of the Authority to issue Working
10 Cash Notes at such time and in such amounts and having such
11 maturities as the Suburban Bus Board deems proper, provided
12 however any such borrowing shall have been specifically
13 identified in the budget of the Suburban Bus Board as approved
14 by the Board of the Authority. Provided further, that the
15 Suburban Bus Board may not demand and direct the Board of the
16 Authority to have issued and have outstanding at any time in
17 excess of $5,000,000 in Working Cash Notes.
18 (Source: P.A. 95-906, eff. 8-26-08.)
19 (70 ILCS 3615/3A.14) (from Ch. 111 2/3, par. 703A.14)
20 Sec. 3A.14. Labor.
21 (a) The provisions of this Section apply to collective
22 bargaining agreements (including extensions and amendments of
23 existing agreements) entered into on or after January 1, 1984.
24 (b) The Suburban Bus Board shall deal with and enter into
SB2111 Enrolled - 265 - LRB104 09876 LNS 19944 b
1 written contracts with their employees, through accredited
2 representatives of such employees authorized to act for such
3 employees concerning wages, salaries, hours, working
4 conditions, and pension or retirement provisions about which a
5 collective bargaining agreement has been entered prior to the
6 effective date of this amendatory Act of 1983. Any such
7 agreement of the Suburban Bus Board shall provide that the
8 agreement may be reopened if the amended budget submitted
9 pursuant to Section 2.18a of this Act is not approved by the
10 Board of the Authority. The agreement may not include a
11 provision requiring the payment of wage increases based on
12 changes in the Consumer Price Index. The Suburban Bus Board
13 shall not have the authority to enter collective bargaining
14 agreements with respect to inherent management rights, which
15 include such areas of discretion or policy as the functions of
16 the employer, standards of services, its overall budget, the
17 organizational structure and selection of new employees and
18 direction of personnel. Employers, however, shall be required
19 to bargain collectively with regard to policy matters directly
20 affecting wages, hours and terms and conditions of employment,
21 as well as the impact thereon, upon request by employee
22 representatives. To preserve the rights of employers and
23 exclusive representatives which have established collective
24 bargaining relationships or negotiated collective bargaining
25 agreements prior to the effective date of this amendatory Act
26 of 1983, employers shall be required to bargain collectively
SB2111 Enrolled - 266 - LRB104 09876 LNS 19944 b
1 with regard to any matter concerning wages, hours or
2 conditions of employment about which they have bargained prior
3 to the effective date of this amendatory Act of 1983.
4 (c) The collective bargaining agreement may not include a
5 prohibition on the use of part-time operators on any service
6 operated by the Suburban Bus Board except where prohibited by
7 federal law.
8 (d) Within 30 days of the signing of any such collective
9 bargaining agreement, the Suburban Bus Board shall determine
10 the costs of each provision of the agreement, prepare an
11 amended budget incorporating the costs of the agreement, and
12 present the amended budget to the Board of the Authority for
13 its approval under Section 4.11. The Board may approve the
14 amended budget by a supermajority vote an affirmative vote of
15 12 of its then Directors. If the budget is not approved by the
16 Board of the Authority, the agreement may be reopened and its
17 terms may be renegotiated. Any amended budget which may be
18 prepared following renegotiation shall be presented to the
19 Board of the Authority for its approval in like manner.
20 (Source: P.A. 95-708, eff. 1-18-08.)
21 (70 ILCS 3615/3A.15.5 new)
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
SB2111 Enrolled - 267 - LRB104 09876 LNS 19944 b
1 certified person's request for documentation of eligibility
2 for those services, the Suburban Bus Board shall provide the
3 person with documentation of the person's certification of
4 eligibility for those services.
5 (b) If a person provides the Suburban Bus Board with
6 documentation of the person's certification of eligibility to
7 receive complementary paratransit services under 49 CFR Part
8 37, Subpart F, then the Suburban Bus Board shall provide those
9 services to the person within one business day after receiving
10 the documentation.
11 (c) The procedures used by the Suburban Bus Board to
12 document a person's certification of eligibility for
13 complementary paratransit services under 49 CFR Part 37,
14 Subpart F shall not require the disclosure or recording of any
15 specific information about an individual's disability.
16 (70 ILCS 3615/3B.01) (from Ch. 111 2/3, par. 703B.01)
17 Sec. 3B.01. Commuter Rail Division. There is established
18 within the Authority the Commuter Rail Division as the
19 operating division responsible for providing public
20 transportation by commuter rail. Purchase of service
21 agreements between a Transportation Agency transportation
22 agency and the Authority in effect on the effective date of
23 this amendatory Act shall remain in full force and effect in
24 accordance with the terms of such agreement. Such agreements
25 shall first be the responsibility of the Transition Board and,
SB2111 Enrolled - 268 - LRB104 09876 LNS 19944 b
1 on the date of its creation, shall become the responsibility
2 of the Commuter Rail Division and its Board.
3 (Source: P.A. 83-885; 83-886.)
4 (70 ILCS 3615/3B.02) (from Ch. 111 2/3, par. 703B.02)
5 Sec. 3B.02. Commuter Rail Board.
6 (a) Until April 1, 2008, the governing body of the
7 Commuter Rail Division shall be a board consisting of 7
8 directors appointed pursuant to Sections 3B.03 and 3B.04, as
9 follows:
10 (1) One director shall be appointed by the Chairman of
11 the Board of DuPage County with the advice and consent of
12 the County Board of DuPage County and shall reside in
13 DuPage County.
14 (2) Two directors appointed by the Chairmen of the
15 County Boards of Kane, Lake, McHenry and Will Counties
16 with the concurrence of not less than a majority of the
17 chairmen from such counties, from nominees by the
18 Chairmen. Each such chairman may nominate not more than
19 two persons for each position. Each such director shall
20 reside in a county in the metropolitan region other than
21 Cook or DuPage County.
22 (3) Three directors appointed by the members of the
23 Cook County Board elected from that part of Cook County
24 outside of Chicago, or, in the event such Board of
25 Commissioners becomes elected from single member
SB2111 Enrolled - 269 - LRB104 09876 LNS 19944 b
1 districts, by those Commissioners elected from districts,
2 a majority of the residents of which reside outside
3 Chicago. In either case, such appointment shall be with
4 the concurrence of four such Commissioners. Each such
5 director shall reside in that part of Cook County outside
6 Chicago.
7 (4) One director appointed by the Mayor of the City of
8 Chicago, with the advice and consent of the City Council
9 of the City of Chicago. Such director shall reside in the
10 City of Chicago.
11 (5) The chairman shall be appointed by the directors,
12 from the members of the board, with the concurrence of 5 of
13 such directors.
14 (b) After April 1, 2008 the governing body of the Commuter
15 Rail Division shall be a board consisting of 11 directors
16 appointed, pursuant to Sections 3B.03 and 3B.04, as follows:
17 (1) One Director shall be appointed by the Chairman of
18 the DuPage County Board with the advice and consent of the
19 DuPage County Board and shall reside in DuPage County. To
20 implement the changes in appointing authority under this
21 Section, upon the expiration of the term of or vacancy in
22 office of the Director appointed under item (1) of
23 subsection (a) of this Section who resides in DuPage
24 County, a Director shall be appointed under this
25 subparagraph.
26 (2) One Director shall be appointed by the Chairman of
SB2111 Enrolled - 270 - LRB104 09876 LNS 19944 b
1 the McHenry County Board with the advice and consent of
2 the McHenry County Board and shall reside in McHenry
3 County. To implement the change in appointing authority
4 under this Section, upon the expiration of the term of or
5 vacancy in office of the Director appointed under item (2)
6 of subsection (a) of this Section who resides in McHenry
7 County, a Director shall be appointed under this
8 subparagraph.
9 (3) One Director shall be appointed by the Will County
10 Executive with the advice and consent of the Will County
11 Board and shall reside in Will County. To implement the
12 change in appointing authority under this Section, upon
13 the expiration of the term of or vacancy in office of the
14 Director appointed under item (2) of subsection (a) of
15 this Section who resides in Will County, a Director shall
16 be appointed under this subparagraph.
17 (4) One Director shall be appointed by the Chairman of
18 the Lake County Board with the advice and consent of the
19 Lake County Board and shall reside in Lake County.
20 (5) One Director shall be appointed by the Chairman of
21 the Kane County Board with the advice and consent of the
22 Kane County Board and shall reside in Kane County.
23 (6) One Director shall be appointed by the Mayor of
24 the City of Chicago with the advice and consent of the City
25 Council of the City of Chicago and shall reside in the City
26 of Chicago. To implement the changes in appointing
SB2111 Enrolled - 271 - LRB104 09876 LNS 19944 b
1 authority under this Section, upon the expiration of the
2 term of or vacancy in office of the Director appointed
3 under item (4) of subsection (a) of this Section who
4 resides in the City of Chicago, a Director shall be
5 appointed under this subparagraph.
6 (7) Five Directors residing in Cook County outside of
7 the City of Chicago, as follows:
8 (i) One Director who resides in Cook County
9 outside of the City of Chicago, appointed by the
10 President of the Cook County Board with the advice and
11 consent of the members of the Cook County Board.
12 (ii) One Director who resides in the township of
13 Barrington, Palatine, Wheeling, Hanover, Schaumburg,
14 or Elk Grove. To implement the changes in appointing
15 authority under this Section, upon the expiration of
16 the term of or vacancy in office of the Director
17 appointed under paragraph (3) of subsection (a) of
18 this Section who resides in the geographic area
19 described in this subparagraph, a Director shall be
20 appointed under this subparagraph.
21 (iii) One Director who resides in the township of
22 Northfield, New Trier, Maine, Niles, Evanston, Leyden,
23 Norwood Park, River Forest, or Oak Park.
24 (iv) One Director who resides in the township of
25 Proviso, Riverside, Berwyn, Cicero, Lyons, Stickney,
26 Lemont, Palos, or Orland. To implement the changes in
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1 appointing authority under this Section, upon the
2 expiration of the term of or vacancy in office of the
3 Director appointed under paragraph (3) of subsection
4 (a) of this Section who resides in the geographic area
5 described in this subparagraph and whose term of
6 office had not expired as of August 1, 2007, a Director
7 shall be appointed under this subparagraph.
8 (v) One Director who resides in the township of
9 Worth, Calumet, Bremen, Thornton, Rich, or Bloom. To
10 implement the changes in appointing authority under
11 this Section, upon the expiration of the term of or
12 vacancy in office of the Director appointed under
13 paragraph (3) of subsection (a) of this Section who
14 resides in the geographic area described in this
15 subparagraph and whose term of office had expired as
16 of August 1, 2007, a Director shall be appointed under
17 this subparagraph.
18 (vi) The Directors identified under the provisions
19 of subparagraphs (ii) through (v) of this paragraph
20 (7) shall be appointed by the members of the Cook
21 County Board. Each individual Director shall be
22 appointed by those members of the Cook County Board
23 whose Board districts overlap in whole or in part with
24 the geographic territory described in the relevant
25 subparagraph. The vote of County Board members
26 eligible to appoint directors under the provisions of
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1 subparagraphs (ii) through (v) of this paragraph (7)
2 shall be weighted by the number of electors residing
3 in those portions of their Board districts within the
4 geographic territory described in the relevant
5 subparagraph (ii) through (v) of this paragraph (7).
6 (8) The Chairman shall be appointed by the Directors,
7 from the members of the Board, with the concurrence of 8 of
8 such Directors. To implement the changes in appointing
9 authority under this Section, upon the expiration of the
10 term of or vacancy in office of the Chairman appointed
11 under item (5) of subsection (a) of this Section, a
12 Chairman shall be appointed under this subparagraph.
13 (c) No director, while serving as such, shall be an
14 officer, a member of the board of directors or trustee or an
15 employee of any Transportation Agency transportation agency,
16 or be an employee of the State of Illinois or any department or
17 agency thereof, or of any county, municipality, or any other
18 unit of local government or receive any compensation from any
19 elected or appointed office under the Constitution and laws of
20 Illinois.
21 (d) Each appointment made under subsections (a) and (b) of
22 this Section and under Section 3B.03 shall be certified by the
23 appointing authority to the Commuter Rail Board which shall
24 maintain the certifications as part of the official records of
25 the Commuter Rail Board.
26 (e) This Section is repealed on September 1, 2026.
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1 (Source: P.A. 98-709, eff. 7-16-14.)
2 (70 ILCS 3615/3B.02.5 new)
3 Sec. 3B.02.5. Commuter Rail Board.
4 (a) The governing body of the Commuter Rail Division shall
5 be the Commuter Rail Board. Beginning September 1, 2026, the
6 Commuter Rail Board shall consist of 11 directors appointed as
7 follows:
8 (1) One director appointed by the Governor, with the
9 advice and consent of the Senate. The director appointed
10 under this paragraph shall have an initial term of 5
11 years. The director appointed under this paragraph shall
12 also serve as a Director of the Northern Illinois Transit
13 Authority.
14 (2) Two directors appointed by the Mayor of Chicago
15 with the advice and consent of the City Council of the City
16 of Chicago, including:
17 (A) a director with an initial term of 3 years who
18 shall also serve as a Director on the Board of the
19 Authority; and
20 (B) a director with an initial term of 5 years.
21 (3) Three directors appointed by the President of the
22 Cook County Board of Commissioners with the advice and
23 consent of the Cook County Board of Commissioners,
24 including:
25 (A) a director with an initial term of 3 years who
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1 shall also serve as a Director on the Board of the
2 Authority;
3 (B) a director with an initial term of 5 years who
4 shall also serve as a Director on the Board of the
5 Authority; and
6 (C) a director with an initial term of 3 years.
7 (4) One director appointed by the Chairman of the
8 DuPage County Board. The director appointed under this
9 paragraph shall have an initial term of 5 years.
10 (5) One director appointed by the Chairman of the Kane
11 County Board. The director appointed under this paragraph
12 shall have an initial term of 3 years.
13 (6) One director appointed by the Chairman of the Lake
14 County Board. The director appointed under this paragraph
15 shall have an initial term of 3 years. The director
16 appointed under this paragraph shall also serve as a
17 Director on the Board of the Authority.
18 (7) One director appointed by the Chairman of the
19 McHenry County Board. The director appointed under this
20 paragraph shall have an initial term of 5 years. The
21 director appointed under this paragraph shall also serve
22 as a Director on the Board of the Authority.
23 (8) One director appointed by the County Executive of
24 Will County. The director appointed under this paragraph
25 shall reside in Will County. The director appointed under
26 this paragraph shall have an initial term of 3 years.
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1 (b) The subsequent terms of each director appointed under
2 subsection (a) shall be 5 years.
3 (c) The Chair of the Commuter Rail Board shall be elected
4 by a majority vote by the directors of the Commuter Rail Board
5 from among the directors of the Commuter Rail Board. Until
6 September 1, 2030, the Chair of the Commuter Rail Board must be
7 approved by the Senate. Until September 1, 2030, if the
8 directors of the Commuter Rail Board elect a Chair of the
9 Commuter Rail Board, then the elected Chair of the Commuter
10 Rail Board may serve as a the acting Chair of the Commuter Rail
11 Board until confirmation. Until September 1, 2030, if the
12 Senate votes against confirming the acting Chair of the
13 Commuter Rail Board, then the acting Chair of the Commuter
14 Rail Board must resign and the directors of the Commuter Rail
15 Board must elect a new Chair of the Commuter Rail Board.
16 (d) Initial appointments of directors under subsection (a)
17 must be made in time for the directors to begin their terms on
18 September 1, 2026.
19 (e) On September 1, 2026, the terms of all directors
20 serving on the effective date of this amendatory Act of the
21 104th General Assembly and of any directors appointed to fill
22 a vacancy shall immediately expire. If a vacancy on the Board
23 occurs before September 1, 2026, then the vacancy shall be
24 filled under Section 3B.03. Directors serving on the effective
25 date of this amendatory Act of the 104th General Assembly may
26 be reappointed under subsection (a).
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1 (f) Directors shall have diverse and substantial relevant
2 experience and expertise for overseeing the planning,
3 operation, and funding of a regional transportation system,
4 including, but not limited to, backgrounds in urban and
5 regional planning, management of large capital projects, labor
6 and workforce development, business management, public
7 administration, transportation, and community organizations.
8 (g) Those responsible for appointing directors shall
9 strive to assemble a set of directors that, to the greatest
10 extent possible, reflects the ethnic, cultural, economic,
11 racial, and geographic diversity of the metropolitan region.
12 (70 ILCS 3615/3B.03) (from Ch. 111 2/3, par. 703B.03)
13 Sec. 3B.03. Terms, Vacancies. Each director shall serve be
14 appointed for a term of 4 years, and until his successor has
15 been appointed and qualified. A vacancy shall occur upon the
16 resignation, death, conviction of a felony, or removal from
17 office of a director. Any director may be removed from office
18 (i) upon the concurrence of not less than 8 directors, on a
19 formal finding of incompetence, neglect of duty, or
20 malfeasance in office or (ii) by the Governor in response to a
21 summary report received from the Executive Inspector General
22 in accordance with Section 20-50 of the State Officials and
23 Employees Ethics Act, provided he or she has an opportunity to
24 be publicly heard in person or by counsel prior to removal.
25 Within 30 days after the office of any director becomes vacant
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1 for any reason, the appropriate appointing authorities of the
2 such director, as provided in Section 3B.02 or 3B.02.5, as
3 applicable, shall make an appointment to fill the vacancy. A
4 vacancy shall be filled for the unexpired term.
5 (Source: P.A. 95-708, eff. 1-18-08; 96-1528, eff. 7-1-11.)
6 (70 ILCS 3615/3B.05) (from Ch. 111 2/3, par. 703B.05)
7 Sec. 3B.05. Appointment of officers and employees. The
8 Commuter Rail Board shall, with the advice and consent of the
9 Board of the Authority, appoint an Executive Director who
10 shall be the chief executive officer of the Division,
11 appointed, retained or dismissed with the concurrence of 7 8
12 of the directors of the Commuter Rail Board. The Chair of the
13 Board of the Authority and the Executive Director of the
14 Authority shall be included in the process for choosing the
15 Executive Director of the Commuter Rail Division, including
16 membership in any search committee. The Executive Director of
17 the Commuter Rail Division shall appoint, retain and employ
18 officers, attorneys, agents, engineers, employees and shall
19 organize the staff, shall allocate their functions and duties,
20 fix compensation and conditions of employment, and consistent
21 with the policies of and direction from the Commuter Rail
22 Board take all actions necessary to achieve its purposes,
23 fulfill its responsibilities and carry out its powers, and
24 shall have such other powers and responsibilities as the
25 Authority Commuter Rail Board shall determine and describe in
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1 an ordinance describing the position's role, powers, and
2 responsibilities. The Executive Director shall be an
3 individual of proven transportation and management skills and
4 may not be a member of the Commuter Rail Board. The Executive
5 Director of the Commuter Rail Division shall have demonstrated
6 experience with one or more of the following areas: (i) public
7 transportation system operations; (ii) infrastructure capital
8 project management; or (iii) legal or human resource
9 management for a public agency. The Executive Director of the
10 Commuter Rail Division shall also satisfy any qualifications
11 that may be set, by ordinance, by the Authority. The Division
12 may employ its own professional management personnel to
13 provide professional and technical expertise concerning its
14 purposes and powers and to assist it in assessing the
15 performance of Transportation Agencies transportation agencies
16 in the metropolitan region.
17 No employee, officer, or agent of the Commuter Rail Board
18 may receive a bonus that exceeds 10% of his or her annual
19 salary unless that bonus has been reviewed by the Regional
20 Transportation Authority Board for a period of 14 days. After
21 14 days, the bonus contract shall be considered reviewed. This
22 Section does not apply to usual and customary salary
23 adjustments.
24 No unlawful discrimination, as defined and prohibited in
25 the Illinois Human Rights Act, shall be made in any term or
26 aspect of employment nor shall there be discrimination based
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1 upon political reasons or factors. The Commuter Rail Board
2 shall establish regulations to insure that its discharges
3 shall not be arbitrary and that hiring and promotion are based
4 on merit.
5 The Division shall be subject to the "Illinois Human
6 Rights Act", as now or hereafter amended, and the remedies and
7 procedure established thereunder. The Commuter Rail Board
8 shall file an affirmative action program for employment by it
9 with the Department of Human Rights to ensure that applicants
10 are employed and that employees are treated during employment,
11 without regard to unlawful discrimination. Such affirmative
12 action program shall include provisions relating to hiring,
13 upgrading, demotion, transfer, recruitment, recruitment
14 advertising, selection for training and rates of pay or other
15 forms of compensation.
16 (Source: P.A. 98-1027, eff. 1-1-15.)
17 (70 ILCS 3615/3B.06) (from Ch. 111 2/3, par. 703B.06)
18 Sec. 3B.06. Compensation. Directors The Chairman of the
19 Commuter Rail Board shall receive an annual salary of $25,000.
20 Other members of the Commuter Rail Board shall receive an
21 annual salary of $15,000, except that members of the Commuter
22 Rail Board that are also members of the Board of the Northern
23 Illinois Transit Authority shall receive $5,000 per year in
24 addition to the compensation the member receives for serving
25 on the Board of the Northern Illinois Transit Authority. Each
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1 member shall be reimbursed for actual expenses incurred in the
2 performance of his duties.
3 Officers of the Division shall not be required to comply
4 with the requirements of "An Act requiring certain custodians
5 of public monies to file and publish statements of the
6 receipts and disbursements thereof", approved June 24, 1919,
7 as now or hereafter amended.
8 (Source: P.A. 83-1156.)
9 (70 ILCS 3615/3B.09) (from Ch. 111 2/3, par. 703B.09)
10 Sec. 3B.09. General Powers. The Commuter Rail Board shall
11 use powers delegated to it by the Authority to oversee the
12 delivery of public transportation in the metropolitan region.
13 However, the Authority shall retain primary responsibility for
14 setting fares, service standards, schedules, and coordinated
15 fare collection so that the public transportation system in
16 the metropolitan region operates on a one-network,
17 one-timetable, one-ticket model for transit users.
18 In addition to any powers elsewhere provided to the
19 Commuter Rail Board, it shall have all of the powers specified
20 in Section 2.20 of this Act except for the powers specified in
21 Section 2.20(a)(v).
22 The Commuter Rail Division shall honor all outstanding
23 bond debt issued by the Commuter Rail Division on the terms
24 that the bonds were issued. The Commuter Rail Division shall
25 not have the power to issue new bond debt other than working
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1 cash notes as provided in Section 3B.12, or debt or other
2 financial instruments designed to refinance or retire debt
3 that was issued and outstanding on the effective date of this
4 amendatory Act of the 104th General Assembly.
5 The Commuter Rail Board shall also have the power:
6 (a) to cooperate with the Regional Transportation
7 Authority in the exercise by the Regional Transportation
8 Authority of all the powers granted it by such Act;
9 (b) to receive funds from the Regional Transportation
10 Authority pursuant to Sections 2.02, 4.01, 4.02, 4.09 and 4.10
11 of the "Regional Transportation Authority Act", all as
12 provided in the "Regional Transportation Authority Act";
13 (c) to receive financial grants from the Regional
14 Transportation Authority or a Service Board, as defined in the
15 "Regional Transportation Authority Act", upon such terms and
16 conditions as shall be set forth in a grant contract between
17 either the Commuter Rail Division and the Regional
18 Transportation Authority or the Commuter Rail Division and
19 another Service Board, which contract or agreement may be for
20 such number of years or duration as the parties may agree, all
21 as provided in the "Regional Transportation Authority Act";
22 and
23 (d) (blank); to borrow money for the purpose of acquiring,
24 constructing, reconstructing, extending, or improving any
25 Public Transportation Facilities (as defined in Section 1.03
26 of the Regional Transportation Authority Act) operated by or
SB2111 Enrolled - 283 - LRB104 09876 LNS 19944 b
1 to be operated by or on behalf of the Commuter Rail Division.
2 For the purpose of evidencing the obligation of the Commuter
3 Rail Board to repay any money borrowed as provided in this
4 subsection, the Commuter Rail Board may issue revenue bonds
5 from time to time pursuant to ordinance adopted by the
6 Commuter Rail Board, subject to the approval of the Regional
7 Transportation Authority of each such issuance by the
8 affirmative vote of 12 of its then Directors; provided that
9 the Commuter Rail Board may not issue bonds for the purpose of
10 financing the acquisition, construction, or improvement of a
11 corporate headquarters building. All such bonds shall be
12 payable solely from the revenues or income or any other funds
13 that the Commuter Rail Board may receive, provided that the
14 Commuter Rail Board may not pledge as security for such bonds
15 the moneys, if any, that the Commuter Rail Board receives from
16 the Regional Transportation Authority pursuant to Section
17 4.03.3(f) of the Regional Transportation Authority Act. The
18 bonds shall bear interest at a rate not to exceed the maximum
19 rate authorized by the Bond Authorization Act and shall mature
20 at such time or times not exceeding 25 years from their
21 respective dates. Bonds issued pursuant to this paragraph must
22 be issued with scheduled principal or mandatory redemption
23 payments in equal amounts in each fiscal year over the term of
24 the bonds, with the first principal or mandatory redemption
25 payment scheduled within the fiscal year in which bonds are
26 issued or within the next succeeding fiscal year. At least
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1 25%, based on total principal amount, of all bonds authorized
2 pursuant to this Section shall be sold pursuant to notice of
3 sale and public bid. No more than 75%, based on total principal
4 amount, of all bonds authorized pursuant to this Section shall
5 be sold by negotiated sale. The maximum principal amount of
6 the bonds that may be issued and outstanding at any time may
7 not exceed $1,000,000,000. The bonds shall have all the
8 qualities of negotiable instruments under the laws of this
9 State. To secure the payment of any or all of such bonds and
10 for the purpose of setting forth the covenants and
11 undertakings of the Commuter Rail Board in connection with the
12 issuance thereof and the issuance of any additional bonds
13 payable from such revenue or income as well as the use and
14 application of the revenue or income received by the Commuter
15 Rail Board, the Commuter Rail Board may execute and deliver a
16 trust agreement or agreements; provided that no lien upon any
17 physical property of the Commuter Rail Board shall be created
18 thereby. A remedy for any breach or default of the terms of any
19 such trust agreement by the Commuter Rail Board may be by
20 mandamus proceedings in any court of competent jurisdiction to
21 compel performance and compliance therewith, but the trust
22 agreement may prescribe by whom or on whose behalf such action
23 may be instituted. Under no circumstances shall any bonds
24 issued by the Commuter Rail Board or any other obligation of
25 the Commuter Rail Board in connection with the issuance of
26 such bonds be or become an indebtedness or obligation of the
SB2111 Enrolled - 285 - LRB104 09876 LNS 19944 b
1 State of Illinois, the Regional Transportation Authority, or
2 any other political subdivision of or municipality within the
3 State, nor shall any such bonds or obligations be or become an
4 indebtedness of the Commuter Rail Board within the purview of
5 any constitutional limitation or provision, and it shall be
6 plainly stated on the face of each bond that it does not
7 constitute such an indebtedness or obligation but is payable
8 solely from the revenues or income as aforesaid.
9 (e) to oversee the operations and management of the
10 Commuter Rail Division;
11 (f) to convey the Authority's goals, priorities, and
12 requirements to the Division; and
13 (g) to convey information, concerns, and recommendations
14 from the Division to Authority leadership.
15 (Source: P.A. 95-708, eff. 1-18-08.)
16 (70 ILCS 3615/3B.10.5 new)
17 Sec. 3B.10.5. Budget and program. The Commuter Rail Board,
18 subject to the powers of the Authority, shall by ordinance
19 appropriate money to perform the Division's purposes and
20 provide for payment of debts and expenses of the Division.
21 Each year, as part of the process set forth in Section 4.11,
22 the Authority shall prepare and publish a comprehensive annual
23 budget and proposed 5-year Capital Program document, and a
24 financial plan for the 2 years thereafter describing the state
25 of the Division and presenting for the forthcoming fiscal year
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1 and the 2 following years the Division's plans for such
2 operations and capital expenditures as it intends to undertake
3 and the means by which it intends to finance them. The proposed
4 budget, financial plan, and 5-year Capital Program shall be
5 based on the Authority's estimate of funds to be made
6 available to the Commuter Rail Board by or through the
7 Authority and shall conform in all respects to the
8 requirements established by the Authority. The proposed
9 budget, financial plan, and 5-year Capital Program shall
10 contain a statement of the funds estimated to be on hand at the
11 beginning of the fiscal year, the funds estimated to be
12 received from all sources for such year and the funds
13 estimated to be on hand at the end of such year. The fiscal
14 year of the Division shall be the same as the fiscal year of
15 the Authority. The proposed budget, financial plan, and 5-year
16 Capital Program shall be included in the Authority's public
17 hearings under Section 4.11. The budget, financial plan, and
18 5-year Capital Program shall then be finalized by the
19 Authority as provided in Section 4.11. The ordinance adopted
20 by the Authority as provided in Section 4.11 shall appropriate
21 such sums of money as are deemed necessary to defray all
22 necessary expenses and obligations of the Division, specifying
23 purposes and the objects or programs for which appropriations
24 are made and the amount appropriated for each object or
25 program. Additional appropriations, transfers between items
26 and other changes in such ordinance which do not alter the
SB2111 Enrolled - 287 - LRB104 09876 LNS 19944 b
1 basis upon which the balanced budget determination was made by
2 the Board of the Authority may be made from time to time by the
3 Commuter Rail Board. The Commuter Rail Board shall not (i) use
4 any funds in its budget, or in reserves, allocated for
5 operational expenses to fund capital projects or (ii) transfer
6 moneys from any funds in its budget, or in reserves, allocated
7 for operational expenses to an account primarily used to fund
8 capital projects.
9 (70 ILCS 3615/3B.12) (from Ch. 111 2/3, par. 703B.12)
10 Sec. 3B.12. Working Cash Borrowing. The Commuter Rail
11 Board with the affirmative vote of 6 7 of its Directors may
12 request demand and direct the Board of the Authority to issue
13 Working Cash Notes at such time and in such amounts and having
14 such maturities as the Commuter Rail Board deems proper,
15 provided however any such borrowing shall have been
16 specifically identified in the budget of the Commuter Rail
17 Board as approved by the Board of the Authority. Provided
18 further, that the Commuter Rail Board may not demand and
19 direct the Board of the Authority to have issued and have
20 outstanding at any time in excess of $20,000,000 in Working
21 Cash Notes.
22 (Source: P.A. 95-708, eff. 1-18-08.)
23 (70 ILCS 3615/3B.14.5 new)
24 Sec. 3B.14.5. Visitor paratransit service.
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1 (a) Upon certifying that a person is eligible to receive
2 complementary paratransit services under 49 CFR Part 37,
3 Subpart F or within 10 business days after receiving a
4 certified person's request for documentation of eligibility
5 for those services, the Commuter Rail Board shall provide the
6 person with documentation of the person's certification of
7 eligibility for those services.
8 (b) If a person provides the Commuter Rail Board with
9 documentation of the person's certification of eligibility to
10 receive complementary paratransit services under 49 CFR Part
11 37, Subpart F, then the Commuter Rail Board shall provide
12 those services to the person within one business day after
13 receiving the documentation.
14 (c) The procedures used by the Commuter Rail Board to
15 document a person's certification of eligibility for
16 complementary paratransit services under 49 CFR Part 37,
17 Subpart F shall not require the disclosure or recording of any
18 specific information about an individual's disability.
19 (70 ILCS 3615/3B.26)
20 Sec. 3B.26. Employment contracts. Except as otherwise
21 provided in Section 3B.13, before the Commuter Rail Board may
22 enter into or amend any employment contract in excess of
23 $100,000, the Commuter Rail Board must submit that contract or
24 amendment to the Board for review for a period of 14 days.
25 After 14 days, the contract shall be considered reviewed. This
SB2111 Enrolled - 289 - LRB104 09876 LNS 19944 b
1 Section applies only to contracts entered into or amended on
2 or after the effective date of this amendatory Act of the 98th
3 General Assembly.
4 Before the Board of the Regional Transportation Authority
5 may enter into or amend any employment contract in excess of
6 $100,000, the Board must submit that contract to the Chairman
7 and Minority Spokesman of the Transportation Regulations Roads
8 and Bridges Mass Transit Committee, or its successor
9 committee, of the House of Representatives, and to the
10 Chairman and Minority Spokesman of the Transportation
11 Committee, or its successor committee, of the Senate.
12 (Source: P.A. 98-1027, eff. 1-1-15.)
13 (70 ILCS 3615/3B.27 new)
14 Sec. 3B.27. Agreements with the Northern Indiana Commuter
15 Transportation District. The Commuter Rail Division shall not
16 enter into any agreement that prohibits trains of the Northern
17 Indiana Commuter Transportation District, also known as the
18 South Shore Line, from picking up passengers at stations
19 operated by the Division. Any agreement in effect on the
20 effective date of this amendatory Act of the 104th General
21 Assembly shall remain in effect until its expiration and, if
22 there is no expiration date provided, the Commuter Rail
23 Division shall make best efforts to renegotiate the agreement
24 to allow the South Shore Line to pick up passengers at stations
25 operated by the Commuter Rail Division. The Commuter Rail
SB2111 Enrolled - 290 - LRB104 09876 LNS 19944 b
1 Division may negotiate the revenue sharing provisions with the
2 South Shore Line as the Commuter Rail Division deems
3 appropriate.
4 (70 ILCS 3615/3B.28 new)
5 Sec. 3B.28. Regional rail scheduling pilot program on the
6 Rock Island commuter rail line. By January 1, 2027, the
7 Commuter Rail Division shall implement a regional rail
8 scheduling pilot program on the Rock Island commuter rail line
9 to improve transit access for residents of Will County and
10 southern Cook County.
11 (70 ILCS 3615/3B.29 new)
12 Sec. 3B.29. Planning study on expanding the Metra Electric
13 commuter rail line. The Commuter Rail Division shall conduct a
14 planning study on expanding the Metra Electric commuter rail
15 line from University Park to Kankakee.
16 (70 ILCS 3615/4.01) (from Ch. 111 2/3, par. 704.01)
17 Sec. 4.01. Budget and Program.
18 (a) The Board shall control the finances of the Authority.
19 It shall, by ordinance adopted by a supermajority the
20 affirmative vote of at least 12 of its then Directors:
21 (1) (i) appropriate money to perform the Authority's
22 purposes and provide for payment of debts and expenses of
23 the Authority; , (ii)
SB2111 Enrolled - 291 - LRB104 09876 LNS 19944 b
1 (2) until the new budget process under subsection
2 (a-20) is implemented on January 1, 2027, take action with
3 respect to the budget and 2-year two-year financial plan
4 of each Service Board, as provided in Section 4.11; , and
5 (3) until the new budget process under subsection
6 (a-20) is implemented on January 1, 2027, (iii) adopt an
7 Annual Budget and 2-Year Two-Year Financial Plan for the
8 Authority that includes the Annual Budget annual budget
9 and 2-Year two-year financial plan of each Service Board
10 that has been approved by the Authority.
11 (a-5) The Annual Budget and 2-Year Two-Year Financial Plan
12 shall contain a statement of the funds estimated to be on hand
13 for the Authority and each Service Board at the beginning of
14 the fiscal year, the funds estimated to be received from all
15 sources for such year, the estimated expenses and obligations
16 of the Authority and each Service Board for all purposes,
17 including expenses for contributions to be made with respect
18 to pension and other employee benefits, and the funds
19 estimated to be on hand at the end of such year.
20 (a-10) The fiscal year of the Authority and each Service
21 Board shall begin on January 1st and end on the succeeding
22 December 31st.
23 (a-15) Until January 1, 2027, the Annual Budget and 2-Year
24 Financial Plan shall be prepared as follows:
25 (1) By July 1st of each year the Director of the
26 Illinois Governor's Office of Management and Budget
SB2111 Enrolled - 292 - LRB104 09876 LNS 19944 b
1 (formerly Bureau of the Budget) shall submit to the
2 Authority an estimate of revenues for the next fiscal year
3 of the Authority to be collected from the taxes imposed by
4 the Authority and the amounts to be available in the
5 Public Transportation Fund and the Northern Illinois
6 Transit Authority Occupation and Use Tax Replacement Fund
7 Regional Transportation Authority Occupation and Use Tax
8 Replacement Fund and the amounts otherwise to be
9 appropriated by the State to the Authority for its
10 purposes. Before a proposed Annual Budget and 2-Year
11 Financial Plan is adopted, the Authority shall hold at
12 least one public hearing in the metropolitan region and
13 meet with the county board, or its designee, of each of the
14 counties in the metropolitan region. After an Annual
15 Budget and 2-Year Financial Plan is adopted, the Authority
16 shall file a copy of the Annual Budget and 2-Year
17 Financial Plan with the General Assembly and the Governor.
18 (2) After conducting the hearings and holding the
19 meetings required under this subsection and after making
20 the changes in the proposed Annual Budget and 2-Year
21 Financial Plan that the Authority deems appropriate, the
22 Board shall adopt its annual appropriation and Annual
23 Budget and 2-Year Financial Plan ordinance before November
24 30. The ordinance may be adopted by the Board only upon a
25 supermajority vote. The ordinance shall appropriate the
26 sums of money as are deemed necessary to defray all
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1 necessary expenses and obligations of the Authority and
2 the Service Boards, specifying the purposes and the
3 objects or programs for which appropriations are made and
4 the amount appropriated for each object or program.
5 Additional appropriations, transfers between items and
6 other changes in the ordinance may be made from time to
7 time by the Board upon a supermajority vote.
8 (a-20) Beginning January 1, 2027, the Annual Budget and
9 2-Year Financial Plan shall be prepared as follows:
10 (1) By July 1 of each year the Director of the Illinois
11 Governor's Office of Management and Budget shall submit to
12 the Authority an estimate of revenues for the next fiscal
13 year of the Authority to be collected from the taxes
14 imposed by the Authority and the amounts to be available
15 in the Public Transportation Fund and the Northern
16 Illinois Transit Authority Occupation and Use Tax
17 Replacement Fund and the amounts otherwise to be
18 appropriated by the State to the Authority for its
19 purposes. Before the Board may adopt its annual
20 appropriation and Annual Budget and 2-Year Financial Plan
21 ordinance, based on the information provided by the
22 Director of the Illinois Governor's Office of Management
23 and Budget and the estimates of amounts to be available
24 from the State and other sources to the Service Boards,
25 the Board shall advise each Service Board on the amounts
26 estimated to be available for the Service Board during the
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1 upcoming fiscal year and the 2 following fiscal years and
2 the times at which the amounts shall be available.
3 (2) Before the Board may adopt its annual
4 appropriation and Annual Budget and 2-Year Financial Plan
5 ordinance, the Board shall provide the Service Boards with
6 a proposed Annual Budget and 2-Year Financial Plan. At the
7 same time that it provides a copy of the proposed Annual
8 Budget and 2-Year Financial Plan to the Service Boards,
9 the Board shall make the proposed Annual Budget and 2-Year
10 Financial Plan budget available to the public on its
11 website. The Authority shall hold at least 3 public
12 hearings on the proposed Annual Budget and 2-Year
13 Financial Plan in Cook County and at least one public
14 hearing in each of the other counties in the metropolitan
15 region. In addition, the Authority shall meet with the
16 county board, or its designee, of each of the counties in
17 the metropolitan region.
18 (3) Before the Board adopts the Authority's annual
19 appropriation and Annual Budget and 2-Year Financial Plan
20 ordinance, the Service Boards shall review the proposed
21 Annual Budget and 2-Year Financial Plan and shall adopt,
22 by the affirmative vote of a majority of each Service
23 Board's then Directors, a budget recommendation ordinance
24 describing any modifications to the Board's proposed
25 Annual Budget and 2-Year Financial Plan that are deemed
26 necessary by the Service Boards to provide the service
SB2111 Enrolled - 295 - LRB104 09876 LNS 19944 b
1 described in the regionwide Service Plan adopted by the
2 Authority.
3 (4) The Authority shall file a copy of its Annual
4 Budget and Two-Year Financial Plan with the General
5 Assembly and the Governor after its adoption. Before the
6 proposed Annual Budget and Two-Year Financial Plan is
7 adopted, the Authority shall hold at least one public
8 hearing thereon in the metropolitan region, and shall meet
9 with the county board or its designee of each of the
10 several counties in the metropolitan region. After
11 conducting the such hearings and holding the such meetings
12 required under this subsection and after making the such
13 changes in the proposed Annual Budget and 2-Year Two-Year
14 Financial Plan as the Authority Board deems appropriate,
15 the Authority Board shall adopt its annual appropriation
16 and Annual Budget and 2-Year Two-Year Financial Plan
17 ordinance. The ordinance may be adopted only upon a
18 supermajority vote the affirmative votes of 12 of its then
19 Directors. The ordinance shall appropriate such sums of
20 money as are deemed necessary to defray all necessary
21 expenses and obligations of the Authority and the Service
22 Boards, specifying purposes and the objects or programs
23 for which appropriations are made and the amount
24 appropriated for each object or program. Additional
25 appropriations, transfers between items and other changes
26 in such ordinance may be made from time to time by the
SB2111 Enrolled - 296 - LRB104 09876 LNS 19944 b
1 Board upon a supermajority vote the affirmative votes of
2 12 of its then Directors.
3 (b) The Annual Budget and 2-Year Two-Year Financial Plan
4 shall show a balance between anticipated revenues from all
5 sources and anticipated expenses including funding of
6 operating deficits or the discharge of encumbrances incurred
7 in prior periods and payment of principal and interest when
8 due, and shall show cash balances sufficient to pay with
9 reasonable promptness all obligations and expenses as
10 incurred.
11 (b-3) The Authority shall file a copy of its Annual Budget
12 and 2-Year Financial Plan with the General Assembly and the
13 Governor after its adoption.
14 The Annual Budget and Two-Year Financial Plan must show:
15 (i) that the level of fares and charges for mass
16 transportation provided by, or under grant or purchase of
17 service contracts of, the Service Boards is sufficient to
18 cause the aggregate of all projected fare revenues from
19 such fares and charges received in each fiscal year to
20 equal at least 50% of the aggregate costs of providing
21 such public transportation in such fiscal year. However,
22 due to the fiscal impacts of the COVID-19 pandemic, the
23 aggregate of all projected fare revenues from such fares
24 and charges received in fiscal years 2021, 2022, 2023,
25 2024, and 2025 may be less than 50% of the aggregate costs
26 of providing such public transportation in those fiscal
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1 years. "Fare revenues" include the proceeds of all fares
2 and charges for services provided, contributions received
3 in connection with public transportation from units of
4 local government other than the Authority, except for
5 contributions received by the Chicago Transit Authority
6 from a real estate transfer tax imposed under subsection
7 (i) of Section 8-3-19 of the Illinois Municipal Code, and
8 from the State pursuant to subsection (i) of Section
9 2705-305 of the Department of Transportation Law (20 ILCS
10 2705/2705-305), and all other operating revenues properly
11 included consistent with generally accepted accounting
12 principles but do not include: the proceeds of any
13 borrowings, and, beginning with the 2007 fiscal year, all
14 revenues and receipts, including but not limited to fares
15 and grants received from the federal, State or any unit of
16 local government or other entity, derived from providing
17 ADA paratransit service pursuant to Section 2.30 of the
18 Regional Transportation Authority Act. "Costs" include all
19 items properly included as operating costs consistent with
20 generally accepted accounting principles, including
21 administrative costs, but do not include: depreciation;
22 payment of principal and interest on bonds, notes or other
23 evidences of obligation for borrowed money issued by the
24 Authority; payments with respect to public transportation
25 facilities made pursuant to subsection (b) of Section 2.20
26 of this Act; any payments with respect to rate protection
SB2111 Enrolled - 298 - LRB104 09876 LNS 19944 b
1 contracts, credit enhancements or liquidity agreements
2 made under Section 4.14; any other cost to which it is
3 reasonably expected that a cash expenditure will not be
4 made; costs for passenger security including grants,
5 contracts, personnel, equipment and administrative
6 expenses, except in the case of the Chicago Transit
7 Authority, in which case the term does not include costs
8 spent annually by that entity for protection against crime
9 as required by Section 27a of the Metropolitan Transit
10 Authority Act; the payment by the Chicago Transit
11 Authority of Debt Service, as defined in Section 12c of
12 the Metropolitan Transit Authority Act, on bonds or notes
13 issued pursuant to that Section; the payment by the
14 Commuter Rail Division of debt service on bonds issued
15 pursuant to Section 3B.09; expenses incurred by the
16 Suburban Bus Division for the cost of new public
17 transportation services funded from grants pursuant to
18 Section 2.01e of this amendatory Act of the 95th General
19 Assembly for a period of 2 years from the date of
20 initiation of each such service; costs as exempted by the
21 Board for projects pursuant to Section 2.09 of this Act;
22 or, beginning with the 2007 fiscal year, expenses related
23 to providing ADA paratransit service pursuant to Section
24 2.30 of the Regional Transportation Authority Act; and in
25 fiscal years 2008 through 2012 inclusive, costs in the
26 amount of $200,000,000 in fiscal year 2008, reducing by
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1 $40,000,000 in each fiscal year thereafter until this
2 exemption is eliminated; and
3 (ii) that the level of fares charged for ADA
4 paratransit services is sufficient to cause the aggregate
5 of all projected revenues from such fares charged and
6 received in each fiscal year to equal at least 10% of the
7 aggregate costs of providing such ADA paratransit
8 services. However, due to the fiscal impacts of the
9 COVID-19 pandemic, the aggregate of all projected fare
10 revenues from such fares and charges received in fiscal
11 years 2021, 2022, 2023, 2024, and 2025 may be less than 10%
12 of the aggregate costs of providing such ADA paratransit
13 services in those fiscal years. For purposes of this Act,
14 the percentages in this subsection (b)(ii) shall be
15 referred to as the "system generated ADA paratransit
16 services revenue recovery ratio". For purposes of the
17 system generated ADA paratransit services revenue recovery
18 ratio, "costs" shall include all items properly included
19 as operating costs consistent with generally accepted
20 accounting principles. However, the Board may exclude from
21 costs an amount that does not exceed the allowable
22 "capital costs of contracting" for ADA paratransit
23 services pursuant to the Federal Transit Administration
24 guidelines for the Urbanized Area Formula Program.
25 The Authority shall file a statement certifying that the
26 Service Boards published the data described in subsection
SB2111 Enrolled - 300 - LRB104 09876 LNS 19944 b
1 (b-5) with the General Assembly and the Governor after
2 adoption of the Annual Budget and 2-Year Two-Year Financial
3 Plan required by subsection (a). If the Authority fails to
4 file a statement certifying publication of the data, then the
5 appropriations to the Department of Transportation for grants
6 to the Authority intended to reimburse the Service Boards for
7 providing free and reduced fares shall be withheld.
8 (b-5) Each fiscal year For fiscal years 2024 and 2025, the
9 Service Boards must publish a monthly comprehensive set of
10 data regarding transit service and safety. The data included
11 shall include information to track operations including:
12 (1) staffing levels, including numbers of budgeted
13 positions, current positions employed, hired staff,
14 attrition, staff in training, and absenteeism rates;
15 (2) scheduled service and delivered service, including
16 percentage of scheduled service delivered by day, service
17 by mode of transportation, service by route and rail line,
18 total number of revenue miles driven, excess wait times by
19 day, by mode of transportation, by bus route, and by stop;
20 and
21 (3) safety on the system, including the number of
22 incidents of crime and code of conduct violations on
23 system, any performance measures used to evaluate the
24 effectiveness of investments in private security, safety
25 equipment, and other security investments in the system.
26 If no performance measures exist to evaluate the
SB2111 Enrolled - 301 - LRB104 09876 LNS 19944 b
1 effectiveness of these safety investments, the Service
2 Boards and Authority shall develop and publish these
3 performance measures.
4 The Authority and Service Boards shall solicit input and
5 ideas on publishing data on the service reliability,
6 operations, and safety of the system from the public and
7 groups representing transit riders, workers, and businesses.
8 (c) The actual administrative expenses of the Authority
9 for the fiscal year commencing January 1, 1985 may not exceed
10 $5,000,000. The actual administrative expenses of the
11 Authority for the fiscal year commencing January 1, 1986, and
12 for each fiscal year thereafter shall not exceed the maximum
13 administrative expenses for the previous fiscal year plus 5%,
14 except that this limitation shall not apply to fiscal years
15 beginning on January 1, 2026, and ending on or before December
16 31, 2027. "Administrative expenses" are defined for purposes
17 of this Section as all expenses except: (1) capital expenses
18 and purchases of the Authority on behalf of the Service
19 Boards; (2) payments to Service Boards; and (3) payment of
20 principal and interest on bonds, notes or other evidence of
21 obligation for borrowed money issued by the Authority; (4)
22 costs for passenger security including grants, contracts,
23 personnel, equipment and administrative expenses; (5) payments
24 with respect to public transportation facilities made pursuant
25 to subsection (b) of Section 2.20 of this Act; and (6) any
26 payments with respect to rate protection contracts, credit
SB2111 Enrolled - 302 - LRB104 09876 LNS 19944 b
1 enhancements or liquidity agreements made pursuant to Section
2 4.14.
3 (d) This subsection becomes inoperative on January 1,
4 2027. This subsection applies only until the Department begins
5 administering and enforcing an increased tax under Section
6 4.03(m) as authorized by this amendatory Act of the 95th
7 General Assembly. After withholding 15% of the proceeds of any
8 tax imposed by the Authority and 15% of money received by the
9 Authority from the Northern Illinois Transit Regional
10 Transportation Authority Occupation and Use Tax Replacement
11 Fund, the Board shall allocate the proceeds and money
12 remaining to the Service Boards as follows: (1) an amount
13 equal to 85% of the proceeds of those taxes collected within
14 the City of Chicago and 85% of the money received by the
15 Authority on account of transfers to the Northern Illinois
16 Transit Regional Transportation Authority Occupation and Use
17 Tax Replacement Fund from the County and Mass Transit District
18 Fund attributable to retail sales within the City of Chicago
19 shall be allocated to the Chicago Transit Authority; (2) an
20 amount equal to 85% of the proceeds of those taxes collected
21 within Cook County outside the City of Chicago and 85% of the
22 money received by the Authority on account of transfers to the
23 Northern Illinois Transit Regional Transportation Authority
24 Occupation and Use Tax Replacement Fund from the County and
25 Mass Transit District Fund attributable to retail sales within
26 Cook County outside of the city of Chicago shall be allocated
SB2111 Enrolled - 303 - LRB104 09876 LNS 19944 b
1 30% to the Chicago Transit Authority, 55% to the Commuter Rail
2 Board and 15% to the Suburban Bus Board; and (3) an amount
3 equal to 85% of the proceeds of the taxes collected within the
4 Counties of DuPage, Kane, Lake, McHenry and Will shall be
5 allocated 70% to the Commuter Rail Board and 30% to the
6 Suburban Bus Board.
7 (e) This subsection becomes inoperative on January 1,
8 2027. This subsection applies only until the Department begins
9 administering and enforcing an increased tax under Section
10 4.03(m) as authorized by this amendatory Act of the 95th
11 General Assembly. Moneys received by the Authority on account
12 of transfers to the Northern Illinois Transit Regional
13 Transportation Authority Occupation and Use Tax Replacement
14 Fund from the State and Local Sales Tax Reform Fund shall be
15 allocated among the Authority and the Service Boards as
16 follows: 15% of such moneys shall be retained by the Authority
17 and the remaining 85% shall be transferred to the Service
18 Boards as soon as may be practicable after the Authority
19 receives payment. Moneys which are distributable to the
20 Service Boards pursuant to the preceding sentence shall be
21 allocated among the Service Boards on the basis of each
22 Service Board's distribution ratio. The term "distribution
23 ratio" means, for purposes of this subsection (e) of this
24 Section 4.01, the ratio of the total amount distributed to a
25 Service Board pursuant to subsection (d) of Section 4.01 for
26 the immediately preceding calendar year to the total amount
SB2111 Enrolled - 304 - LRB104 09876 LNS 19944 b
1 distributed to all of the Service Boards pursuant to
2 subsection (d) of Section 4.01 for the immediately preceding
3 calendar year.
4 (f) To carry out its duties and responsibilities under
5 this Act, the Board shall employ staff which shall:
6 (1) propose for adoption by the Board of the Authority
7 rules for the Service Boards that establish (i) forms and
8 schedules to be used and information required to be
9 provided with respect to a 5-Year Capital Program
10 five-year capital program, an Annual Budget annual
11 budgets, and 2-Year Financial Plan, and each Service
12 Board's annual budget and 2-year financial plan, two-year
13 financial plans and regular reporting of actual results
14 against adopted budgets and financial plans, (ii)
15 financial practices to be followed in the budgeting and
16 expenditure of public funds, (iii) assumptions and
17 projections that must be followed in preparing and
18 submitting its Annual Budget annual budget and 2-Year
19 Financial Plan two-year financial plan or a 5-Year Capital
20 Program five-year capital program;
21 (2) evaluate for the Board public transportation
22 programs operated or proposed by the Service Boards and
23 Transportation Agencies transportation agencies in terms
24 of the goals and objectives set out in the Strategic Plan;
25 (3) keep the Board and the public informed of the
26 extent to which the Service Boards and Transportation
SB2111 Enrolled - 305 - LRB104 09876 LNS 19944 b
1 Agencies transportation agencies are meeting the goals and
2 objectives adopted by the Authority in the Strategic Plan;
3 and
4 (4) assess the efficiency or adequacy of public
5 transportation services provided by a Service Board and
6 make recommendations for change in that service to the end
7 that the moneys available to the Authority may be expended
8 in the most economical manner possible with the least
9 possible duplication.
10 (g) All Service Boards, Transportation Agencies
11 transportation agencies, comprehensive planning agencies,
12 including the Chicago Metropolitan Agency for Planning, or
13 transportation planning agencies in the metropolitan region
14 shall furnish to the Authority such information pertaining to
15 public transportation or relevant for plans therefor as it may
16 from time to time require. The Executive Director, or his or
17 her designee, shall, for the purpose of securing any such
18 information necessary or appropriate to carry out any of the
19 powers and responsibilities of the Authority under this Act,
20 have access to, and the right to examine, all books,
21 documents, papers or records of a Service Board or any
22 Transportation Agency transportation agency receiving funds
23 from the Authority or Service Board, and such Service Board or
24 Transportation Agency transportation agency shall comply with
25 any request by the Executive Director, or his or her designee,
26 within 30 days or an extended time provided by the Executive
SB2111 Enrolled - 306 - LRB104 09876 LNS 19944 b
1 Director.
2 (h) No Service Board shall undertake any capital
3 improvement which is not identified in the 5-Year Five-Year
4 Capital Program.
5 (i) Each Service Board shall furnish to the Board access
6 to its financial information including, but not limited to,
7 audits and reports. The Board shall have real-time access to
8 the financial information of the Service Boards; however, the
9 Board shall be granted read-only access to the Service Board's
10 financial information.
11 (j) Notwithstanding any other provision of this Section,
12 the Authority shall, through the implementation of service
13 efficiencies, realize the following net savings in its annual
14 budget for the fiscal year that begins on October 1, 2026: (i)
15 $10 million in service-delivery savings; (ii) $20.1 million in
16 savings from labor optimization, including changes in employee
17 headcounts and position types; and (iii) $16.8 million in real
18 estate and other property-related savings.
19 (Source: P.A. 102-678, eff. 12-10-21; 103-281, eff. 1-1-24.)
20 (70 ILCS 3615/4.01b new)
21 Sec. 4.01b. System generated revenue recovery ratios.
22 (a) As used in this Section:
23 "Costs" includes all items properly included as operating
24 costs consistent with generally accepted accounting principles
25 incurred by the Authority and its Service Boards. "Costs" does
SB2111 Enrolled - 307 - LRB104 09876 LNS 19944 b
1 not include costs related to providing ADA paratransit
2 service.
3 "System generated revenue" includes passenger fares and
4 ancillary revenue from sources such as the lease of space,
5 advertising, and investment income.
6 (b) The Authority shall determine the ratio of system
7 generated revenues for public transportation in the
8 metropolitan region compared to the aggregate of all costs of
9 providing public transportation.
10 (c) Until January 1, 2029, the Authority shall report its
11 system generated revenue recovery ratio as part of the
12 Authority's Annual Budget and 2-Year Financial Plan.
13 (1) The Annual Budget and 2-Year Financial Plan must
14 show that the system generated revenue received in each
15 fiscal year shall equal at least 25% of the costs of
16 providing public transportation in that fiscal year. The
17 Annual Budget and 2-Year Financial Plan must show that the
18 level of fares charged and received in each fiscal year
19 shall equal at least 5% of the aggregate of costs of
20 providing ADA paratransit services.
21 (2) The Authority shall file a statement certifying
22 that the Service Boards published the data described in
23 this Section with the General Assembly and the Governor
24 after adoption of the Annual Budget and 2-Year Financial
25 Plan. If the Authority fails to file a statement
26 certifying the system generated revenue recovery ratio as
SB2111 Enrolled - 308 - LRB104 09876 LNS 19944 b
1 required in this Section, then the appropriations to the
2 Department of Transportation for grants to the Authority
3 intended to reimburse the Service Boards for providing
4 free and reduced fares shall be withheld.
5 (3) If the system generated revenues are less than 25%
6 of said costs, then the Board shall remit an amount equal
7 to the amount of the deficit to the State. The Treasurer
8 shall deposit any payment made under this paragraph in the
9 Road Fund. However, due to the ongoing fiscal impact of
10 the COVID-19 pandemic this requirement shall not apply to
11 Fiscal Year 2026.
12 (d) Beginning January 1, 2029, the Authority shall report
13 its system generated revenue recovery ratio within 6 months of
14 the end of each fiscal year. If the Authority's system
15 generated revenue recovery ratio falls below 20% for 2
16 consecutive years, then the Board of Directors shall:
17 (1) report this fact to the General Assembly and the
18 Governor and provide a summary of fare adjustments made
19 under Section 2.04;
20 (2) consider whether additional fare adjustments or
21 other changes are necessary to increase system generated
22 revenue, reduce costs, or both.
23 (e) Nothing in this Section shall diminish or impair the
24 rights of any employee employed by the Authority or any
25 Service Board or any organization of employees representing
26 employees of the Authority or any Service Board.
SB2111 Enrolled - 309 - LRB104 09876 LNS 19944 b
1 (f) The Authority shall separately calculate a system
2 generated revenue recovery ratio for ADA paratransit service.
3 The Authority shall report this ratio in its annual
4 certification under subsection (d) Section 2.02 and shall take
5 the actions required under subsection (c) of this Section if
6 the ADA paratransit service system generated recovery ratio
7 falls below 5% for 2 consecutive years.
8 (g) The Authority shall document the system generated
9 recovery ratio in the Authority's Annual Budget and 2-Year
10 Financial Plan.
11 (h) Upon the request of the House of Representatives or
12 the Senate, the Chair of the Board of the Authority, the chair
13 of the board of a Service Board, or any other employee of the
14 Authority or Service Board requested by the House of
15 Representatives or Senate shall attend a hearing before the
16 House of Representatives or Senate regarding the reported
17 system generated revenue recovery ratios.
18 (70 ILCS 3615/4.03) (from Ch. 111 2/3, par. 704.03)
19 (Text of Section before amendment by P.A. 104-6)
20 Sec. 4.03. Taxes.
21 (a) In order to carry out any of the powers or purposes of
22 the Authority, the Board may, by ordinance adopted with the
23 concurrence of 12 of the then Directors, impose throughout the
24 metropolitan region any or all of the taxes provided in this
25 Section. Except as otherwise provided in this Act, taxes
SB2111 Enrolled - 310 - LRB104 09876 LNS 19944 b
1 imposed under this Section and civil penalties imposed
2 incident thereto shall be collected and enforced by the State
3 Department of Revenue. The Department shall have the power to
4 administer and enforce the taxes and to determine all rights
5 for refunds for erroneous payments of the taxes. Nothing in
6 Public Act 95-708 is intended to invalidate any taxes
7 currently imposed by the Authority. The increased vote
8 requirements to impose a tax shall only apply to actions taken
9 after January 1, 2008 (the effective date of Public Act
10 95-708).
11 (b) The Board may impose a public transportation tax upon
12 all persons engaged in the metropolitan region in the business
13 of selling at retail motor fuel for operation of motor
14 vehicles upon public highways. The tax shall be at a rate not
15 to exceed 5% of the gross receipts from the sales of motor fuel
16 in the course of the business. As used in this Act, the term
17 "motor fuel" shall have the same meaning as in the Motor Fuel
18 Tax Law. The Board may provide for details of the tax. The
19 provisions of any tax shall conform, as closely as may be
20 practicable, to the provisions of the Municipal Retailers
21 Occupation Tax Act, including, without limitation, conformity
22 to penalties with respect to the tax imposed and as to the
23 powers of the State Department of Revenue to promulgate and
24 enforce rules and regulations relating to the administration
25 and enforcement of the provisions of the tax imposed, except
26 that reference in the Act to any municipality shall refer to
SB2111 Enrolled - 311 - LRB104 09876 LNS 19944 b
1 the Authority and the tax shall be imposed only with regard to
2 receipts from sales of motor fuel in the metropolitan region,
3 at rates as limited by this Section.
4 (c) In connection with the tax imposed under paragraph (b)
5 of this Section, the Board may impose a tax upon the privilege
6 of using in the metropolitan region motor fuel for the
7 operation of a motor vehicle upon public highways, the tax to
8 be at a rate not in excess of the rate of tax imposed under
9 paragraph (b) of this Section. The Board may provide for
10 details of the tax.
11 (d) The Board may impose a motor vehicle parking tax upon
12 the privilege of parking motor vehicles at off-street parking
13 facilities in the metropolitan region at which a fee is
14 charged, and may provide for reasonable classifications in and
15 exemptions to the tax, for administration and enforcement
16 thereof and for civil penalties and refunds thereunder and may
17 provide criminal penalties thereunder, the maximum penalties
18 not to exceed the maximum criminal penalties provided in the
19 Retailers' Occupation Tax Act. The Authority may collect and
20 enforce the tax itself or by contract with any unit of local
21 government. The State Department of Revenue shall have no
22 responsibility for the collection and enforcement unless the
23 Department agrees with the Authority to undertake the
24 collection and enforcement. As used in this paragraph, the
25 term "parking facility" means a parking area or structure
26 having parking spaces for more than 2 vehicles at which motor
SB2111 Enrolled - 312 - LRB104 09876 LNS 19944 b
1 vehicles are permitted to park in return for an hourly, daily,
2 or other periodic fee, whether publicly or privately owned,
3 but does not include parking spaces on a public street, the use
4 of which is regulated by parking meters.
5 (e) The Board may impose a Regional Transportation
6 Authority Retailers' Occupation Tax upon all persons engaged
7 in the business of selling tangible personal property at
8 retail in the metropolitan region. In Cook County, the tax
9 rate shall be 1.25% 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% of the
16 gross receipts from other taxable sales made in the course of
17 that business. In DuPage, Kane, Lake, McHenry, and Will
18 counties, the tax rate shall be 0.75% of the gross receipts
19 from all taxable sales made in the course of that business. The
20 rate of tax imposed in DuPage, Kane, Lake, McHenry, and Will
21 counties under this Section on sales of aviation fuel on or
22 after December 1, 2019 shall, however, be 0.25% unless the
23 Regional Transportation Authority in DuPage, Kane, Lake,
24 McHenry, and Will counties has an "airport-related purpose"
25 and the additional 0.50% of the 0.75% tax on aviation fuel is
26 expended for airport-related purposes. If there is no
SB2111 Enrolled - 313 - LRB104 09876 LNS 19944 b
1 airport-related purpose to which aviation fuel tax revenue is
2 dedicated, then aviation fuel is excluded from the additional
3 0.50% of the 0.75% tax. The tax imposed under this Section and
4 all civil penalties that may be assessed as an incident
5 thereof shall be collected and enforced by the State
6 Department of Revenue. The Department shall have full power to
7 administer and enforce this Section; to collect all taxes and
8 penalties so collected in the manner hereinafter provided; and
9 to determine all rights to credit memoranda arising on account
10 of the erroneous payment of tax or penalty hereunder. In the
11 administration of, and compliance with this Section, the
12 Department and persons who are subject to this Section shall
13 have the same rights, remedies, privileges, immunities,
14 powers, and duties, and be subject to the same conditions,
15 restrictions, limitations, penalties, exclusions, exemptions,
16 and definitions of terms, and employ the same modes of
17 procedure, as are prescribed in Sections 1, 1a, 1a-1, 1c, 1d,
18 1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions
19 therein other than the State rate of tax), 2c, 3 (except as to
20 the disposition of taxes and penalties collected, and except
21 that the retailer's discount is not allowed for taxes paid on
22 aviation fuel that are subject to the revenue use requirements
23 of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 4, 5, 5a, 5b, 5c,
24 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9,
25 10, 11, 12, and 13 of the Retailers' Occupation Tax Act and
26 Section 3-7 of the Uniform Penalty and Interest Act, as fully
SB2111 Enrolled - 314 - LRB104 09876 LNS 19944 b
1 as if those provisions were set forth herein.
2 The Board and DuPage, Kane, Lake, McHenry, and Will
3 counties must comply with the certification requirements for
4 airport-related purposes under Section 2-22 of the Retailers'
5 Occupation Tax Act. For purposes of this Section,
6 "airport-related purposes" has the meaning ascribed in Section
7 6z-20.2 of the State Finance Act. This exclusion for aviation
8 fuel only applies for so long as the revenue use requirements
9 of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the
10 Authority.
11 Persons subject to any tax imposed under the authority
12 granted in this Section may reimburse themselves for their
13 seller's tax liability hereunder by separately stating the tax
14 as an additional charge, which charge may be stated in
15 combination in a single amount with State taxes that sellers
16 are required to collect under the Use Tax Act, under any
17 bracket schedules the Department may prescribe.
18 Whenever the Department determines that a refund should be
19 made under this Section to a claimant instead of issuing a
20 credit memorandum, the Department shall notify the State
21 Comptroller, who shall cause the warrant to be drawn for the
22 amount specified, and to the person named, in the notification
23 from the Department. The refund shall be paid by the State
24 Treasurer out of the Regional Transportation Authority tax
25 fund established under paragraph (n) of this Section or the
26 Local Government Aviation Trust Fund, as appropriate.
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1 If a tax is imposed under this subsection (e), a tax shall
2 also be imposed under subsections (f) and (g) of this Section.
3 For the purpose of determining whether a tax authorized
4 under this Section is applicable, a retail sale by a producer
5 of coal or other mineral mined in Illinois, is a sale at retail
6 at the place where the coal or other mineral mined in Illinois
7 is extracted from the earth. This paragraph does not apply to
8 coal or other mineral when it is delivered or shipped by the
9 seller to the purchaser at a point outside Illinois so that the
10 sale is exempt under the Federal Constitution as a sale in
11 interstate or foreign commerce.
12 No tax shall be imposed or collected under this subsection
13 on the sale of a motor vehicle in this State to a resident of
14 another state if that motor vehicle will not be titled in this
15 State.
16 Nothing in this Section shall be construed to authorize
17 the Regional Transportation Authority to impose a tax upon the
18 privilege of engaging in any business that under the
19 Constitution of the United States may not be made the subject
20 of taxation by this State.
21 (f) If a tax has been imposed under paragraph (e), a
22 Regional Transportation Authority Service Occupation Tax shall
23 also be imposed upon all persons engaged in the metropolitan
24 region in the business of making sales of service who, as an
25 incident to making the sales of service, transfer tangible
26 personal property within the metropolitan region, either in
SB2111 Enrolled - 316 - LRB104 09876 LNS 19944 b
1 the form of tangible personal property or in the form of real
2 estate as an incident to a sale of service. In Cook County, the
3 tax rate shall be: (1) 1.25% of the serviceman's cost price of
4 food prepared for immediate consumption and transferred
5 incident to a sale of service subject to the service
6 occupation tax by an entity that is located in the
7 metropolitan region and that is licensed under the Hospital
8 Licensing Act, the Nursing Home Care Act, the Assisted Living
9 and Shared Housing Act, the Specialized Mental Health
10 Rehabilitation Act of 2013, the ID/DD Community Care Act, the
11 MC/DD Act, or the Child Care Act of 1969, or an entity that
12 holds a permit issued pursuant to the Life Care Facilities
13 Act; (2) 1.25% of the selling price of food for human
14 consumption that is to be consumed off the premises where it is
15 sold (other than alcoholic beverages, food consisting of or
16 infused with adult use cannabis, soft drinks, candy, and food
17 that has been prepared for immediate consumption) and tangible
18 personal property taxed at the 1% rate under the Service
19 Occupation Tax Act; and (3) 1% of the selling price from other
20 taxable sales of tangible personal property transferred. In
21 DuPage, Kane, Lake, McHenry, and Will counties, the rate shall
22 be 0.75% of the selling price of all tangible personal
23 property transferred. The rate of tax imposed in DuPage, Kane,
24 Lake, McHenry, and Will counties under this Section on sales
25 of aviation fuel on or after December 1, 2019 shall, however,
26 be 0.25% unless the Regional Transportation Authority in
SB2111 Enrolled - 317 - LRB104 09876 LNS 19944 b
1 DuPage, Kane, Lake, McHenry, and Will counties has an
2 "airport-related purpose" and the additional 0.50% of the
3 0.75% tax on aviation fuel is expended for airport-related
4 purposes. If there is no airport-related purpose to which
5 aviation fuel tax revenue is dedicated, then aviation fuel is
6 excluded from the additional 0.5% of the 0.75% tax.
7 The Board and DuPage, Kane, Lake, McHenry, and Will
8 counties must comply with the certification requirements for
9 airport-related purposes under Section 2-22 of the Retailers'
10 Occupation Tax Act. For purposes of this Section,
11 "airport-related purposes" has the meaning ascribed in Section
12 6z-20.2 of the State Finance Act. This exclusion for aviation
13 fuel only applies for so long as the revenue use requirements
14 of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the
15 Authority.
16 The tax imposed under this paragraph and all civil
17 penalties that may be assessed as an incident thereof shall be
18 collected and enforced by the State Department of Revenue. The
19 Department shall have full power to administer and enforce
20 this paragraph; to collect all taxes and penalties due
21 hereunder; to dispose of taxes and penalties collected in the
22 manner hereinafter provided; and to determine all rights to
23 credit memoranda arising on account of the erroneous payment
24 of tax or penalty hereunder. In the administration of and
25 compliance with this paragraph, the Department and persons who
26 are subject to this paragraph shall have the same rights,
SB2111 Enrolled - 318 - LRB104 09876 LNS 19944 b
1 remedies, privileges, immunities, powers, and duties, and be
2 subject to the same conditions, restrictions, limitations,
3 penalties, exclusions, exemptions, and definitions of terms,
4 and employ the same modes of procedure, as are prescribed in
5 Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all
6 provisions therein other than the State rate of tax), 4
7 (except that the reference to the State shall be to the
8 Authority), 5, 7, 8 (except that the jurisdiction to which the
9 tax shall be a debt to the extent indicated in that Section 8
10 shall be the Authority), 9 (except as to the disposition of
11 taxes and penalties collected, and except that the returned
12 merchandise credit for this tax may not be taken against any
13 State tax, and except that the retailer's discount is not
14 allowed for taxes paid on aviation fuel that are subject to the
15 revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.
16 47133), 10, 11, 12 (except the reference therein to Section 2b
17 of the Retailers' Occupation Tax Act), 13 (except that any
18 reference to the State shall mean the Authority), the first
19 paragraph of Section 15, 16, 17, 18, 19, and 20 of the Service
20 Occupation Tax Act and Section 3-7 of the Uniform Penalty and
21 Interest Act, as fully as if those provisions were set forth
22 herein.
23 Persons subject to any tax imposed under the authority
24 granted in this paragraph may reimburse themselves for their
25 serviceman's tax liability hereunder by separately stating the
26 tax as an additional charge, that charge may be stated in
SB2111 Enrolled - 319 - LRB104 09876 LNS 19944 b
1 combination in a single amount with State tax that servicemen
2 are authorized to collect under the Service Use Tax Act, under
3 any bracket schedules the Department may prescribe.
4 Whenever the Department determines that a refund should be
5 made under this paragraph to a claimant instead of issuing a
6 credit memorandum, the Department shall notify the State
7 Comptroller, who shall cause the warrant to be drawn for the
8 amount specified, and to the person named in the notification
9 from the Department. The refund shall be paid by the State
10 Treasurer out of the Regional Transportation Authority tax
11 fund established under paragraph (n) of this Section or the
12 Local Government Aviation Trust Fund, as appropriate.
13 Nothing in this paragraph shall be construed to authorize
14 the Authority to impose a tax upon the privilege of engaging in
15 any business that under the Constitution of the United States
16 may not be made the subject of taxation by the State.
17 (g) If a tax has been imposed under paragraph (e), a tax
18 shall also be imposed upon the privilege of using in the
19 metropolitan region, any item of tangible personal property
20 that is purchased outside the metropolitan region at retail
21 from a retailer, and that is titled or registered with an
22 agency of this State's government. In Cook County, the tax
23 rate shall be 1% of the selling price of the tangible personal
24 property, as "selling price" is defined in the Use Tax Act. In
25 DuPage, Kane, Lake, McHenry, and Will counties, the tax rate
26 shall be 0.75% of the selling price of the tangible personal
SB2111 Enrolled - 320 - LRB104 09876 LNS 19944 b
1 property, as "selling price" is defined in the Use Tax Act. The
2 tax shall be collected from persons whose Illinois address for
3 titling or registration purposes is given as being in the
4 metropolitan region. The tax shall be collected by the
5 Department of Revenue for the Regional Transportation
6 Authority. The tax must be paid to the State, or an exemption
7 determination must be obtained from the Department of Revenue,
8 before the title or certificate of registration for the
9 property may be issued. The tax or proof of exemption may be
10 transmitted to the Department by way of the State agency with
11 which, or the State officer with whom, the tangible personal
12 property must be titled or registered if the Department and
13 the State agency or State officer determine that this
14 procedure will expedite the processing of applications for
15 title or registration.
16 The Department shall have full power to administer and
17 enforce this paragraph; to collect all taxes, penalties, and
18 interest due hereunder; to dispose of taxes, penalties, and
19 interest collected in the manner hereinafter provided; and to
20 determine all rights to credit memoranda or refunds arising on
21 account of the erroneous payment of tax, penalty, or interest
22 hereunder. In the administration of and compliance with this
23 paragraph, the Department and persons who are subject to this
24 paragraph shall have the same rights, remedies, privileges,
25 immunities, powers, and duties, and be subject to the same
26 conditions, restrictions, limitations, penalties, exclusions,
SB2111 Enrolled - 321 - LRB104 09876 LNS 19944 b
1 exemptions, and definitions of terms and employ the same modes
2 of procedure, as are prescribed in Sections 2 (except the
3 definition of "retailer maintaining a place of business in
4 this State"), 3 through 3-80 (except provisions pertaining to
5 the State rate of tax, and except provisions concerning
6 collection or refunding of the tax by retailers), 4, 11, 12,
7 12a, 14, 15, 19 (except the portions pertaining to claims by
8 retailers and except the last paragraph concerning refunds),
9 20, 21, and 22 of the Use Tax Act, and are not inconsistent
10 with this paragraph, as fully as if those provisions were set
11 forth herein.
12 Whenever the Department determines that a refund should be
13 made under this paragraph to a claimant instead of issuing a
14 credit memorandum, the Department shall notify the State
15 Comptroller, who shall cause the order to be drawn for the
16 amount specified, and to the person named in the notification
17 from the Department. The refund shall be paid by the State
18 Treasurer out of the Regional Transportation Authority tax
19 fund established under paragraph (n) of this Section.
20 (g-5) If, on January 1, 2025, a unit of local government
21 has in effect a tax under subsections (e), (f), and (g), or if,
22 after January 1, 2025, a unit of local government imposes a tax
23 under subsections (e), (f), and (g), then that tax applies to
24 leases of tangible personal property in effect, entered into,
25 or renewed on or after that date in the same manner as the tax
26 under this Section and in accordance with the changes made by
SB2111 Enrolled - 322 - LRB104 09876 LNS 19944 b
1 Public Act 103-592.
2 (h) The Authority may impose a replacement vehicle tax of
3 $50 on any passenger car as defined in Section 1-157 of the
4 Illinois Vehicle Code purchased within the metropolitan region
5 by or on behalf of an insurance company to replace a passenger
6 car of an insured person in settlement of a total loss claim.
7 The tax imposed may not become effective before the first day
8 of the month following the passage of the ordinance imposing
9 the tax and receipt of a certified copy of the ordinance by the
10 Department of Revenue. The Department of Revenue shall collect
11 the tax for the Authority in accordance with Sections 3-2002
12 and 3-2003 of the Illinois Vehicle Code.
13 The Department shall immediately pay over to the State
14 Treasurer, ex officio, as trustee, all taxes collected
15 hereunder.
16 As soon as possible after the first day of each month,
17 beginning January 1, 2011, upon certification of the
18 Department of Revenue, the Comptroller shall order
19 transferred, and the Treasurer shall transfer, to the STAR
20 Bonds Revenue Fund the local sales tax increment, as defined
21 in the Innovation Development and Economy Act, collected under
22 this Section during the second preceding calendar month for
23 sales within a STAR bond district.
24 After the monthly transfer to the STAR Bonds Revenue Fund,
25 on or before the 25th day of each calendar month, the
26 Department shall prepare and certify to the Comptroller the
SB2111 Enrolled - 323 - LRB104 09876 LNS 19944 b
1 disbursement of stated sums of money to the Authority. The
2 amount to be paid to the Authority shall be the amount
3 collected hereunder during the second preceding calendar month
4 by the Department, less any amount determined by the
5 Department to be necessary for the payment of refunds, and
6 less any amounts that are transferred to the STAR Bonds
7 Revenue Fund. Within 10 days after receipt by the Comptroller
8 of the disbursement certification to the Authority provided
9 for in this Section to be given to the Comptroller by the
10 Department, the Comptroller shall cause the orders to be drawn
11 for that amount in accordance with the directions contained in
12 the certification.
13 (i) The Board may not impose any other taxes except as it
14 may from time to time be authorized by law to impose.
15 (j) A certificate of registration issued by the State
16 Department of Revenue to a retailer under the Retailers'
17 Occupation Tax Act or under the Service Occupation Tax Act
18 shall permit the registrant to engage in a business that is
19 taxed under the tax imposed under paragraphs (b), (e), (f) or
20 (g) of this Section and no additional registration shall be
21 required under the tax. A certificate issued under the Use Tax
22 Act or the Service Use Tax Act shall be applicable with regard
23 to any tax imposed under paragraph (c) of this Section.
24 (k) The provisions of any tax imposed under paragraph (c)
25 of this Section shall conform as closely as may be practicable
26 to the provisions of the Use Tax Act, including, without
SB2111 Enrolled - 324 - LRB104 09876 LNS 19944 b
1 limitation, conformity as to penalties with respect to the tax
2 imposed and as to the powers of the State Department of Revenue
3 to promulgate and enforce rules and regulations relating to
4 the administration and enforcement of the provisions of the
5 tax imposed. The taxes shall be imposed only on use within the
6 metropolitan region and at rates as provided in the paragraph.
7 (l) The Board in imposing any tax as provided in
8 paragraphs (b) and (c) of this Section, shall, after seeking
9 the advice of the State Department of Revenue, provide means
10 for retailers, users or purchasers of motor fuel for purposes
11 other than those with regard to which the taxes may be imposed
12 as provided in those paragraphs to receive refunds of taxes
13 improperly paid, which provisions may be at variance with the
14 refund provisions as applicable under the Municipal Retailers
15 Occupation Tax Act. The State Department of Revenue may
16 provide for certificates of registration for users or
17 purchasers of motor fuel for purposes other than those with
18 regard to which taxes may be imposed as provided in paragraphs
19 (b) and (c) of this Section to facilitate the reporting and
20 nontaxability of the exempt sales or uses.
21 (m) Any ordinance imposing or discontinuing any tax under
22 this Section shall be adopted and a certified copy thereof
23 filed with the Department on or before June 1, whereupon the
24 Department of Revenue shall proceed to administer and enforce
25 this Section on behalf of the Regional Transportation
26 Authority as of September 1 next following such adoption and
SB2111 Enrolled - 325 - LRB104 09876 LNS 19944 b
1 filing. Beginning January 1, 1992, an ordinance or resolution
2 imposing or discontinuing the tax hereunder shall be adopted
3 and a certified copy thereof filed with the Department on or
4 before the first day of July, whereupon the Department shall
5 proceed to administer and enforce this Section as of the first
6 day of October next following such adoption and filing.
7 Beginning January 1, 1993, an ordinance or resolution
8 imposing, increasing, decreasing, or discontinuing the tax
9 hereunder shall be adopted and a certified copy thereof filed
10 with the Department, whereupon the Department shall proceed to
11 administer and enforce this Section as of the first day of the
12 first month to occur not less than 60 days following such
13 adoption and filing. Any ordinance or resolution of the
14 Authority imposing a tax under this Section and in effect on
15 August 1, 2007 shall remain in full force and effect and shall
16 be administered by the Department of Revenue under the terms
17 and conditions and rates of tax established by such ordinance
18 or resolution until the Department begins administering and
19 enforcing an increased tax under this Section as authorized by
20 Public Act 95-708. The tax rates authorized by Public Act
21 95-708 are effective only if imposed by ordinance of the
22 Authority.
23 (n) Except as otherwise provided in this subsection (n),
24 the State Department of Revenue shall, upon collecting any
25 taxes as provided in this Section, pay the taxes over to the
26 State Treasurer as trustee for the Authority. The taxes shall
SB2111 Enrolled - 326 - LRB104 09876 LNS 19944 b
1 be 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 State Department of
13 Revenue shall prepare and certify to the Comptroller of the
14 State of 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
SB2111 Enrolled - 327 - LRB104 09876 LNS 19944 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 two-thirds of the
10 amounts certified in item (i) of this subsection to the
11 Authority and one-third of the amounts certified in item (i)
12 of this subsection to the respective counties other than Cook
13 County and the amount certified in items (ii) and (iii) of this
14 subsection to the Authority.
15 In addition to the disbursement required by the preceding
16 paragraph, an allocation shall be made in July 1991 and each
17 year thereafter to the Regional Transportation Authority. The
18 allocation shall be made in an amount equal to the average
19 monthly distribution during the preceding calendar year
20 (excluding the 2 months of lowest receipts) and the allocation
21 shall include the amount of average monthly distribution from
22 the Regional Transportation Authority Occupation and Use Tax
23 Replacement Fund. The distribution made in July 1992 and each
24 year thereafter under this paragraph and the preceding
25 paragraph shall be reduced by the amount allocated and
26 disbursed under this paragraph in the preceding calendar year.
SB2111 Enrolled - 328 - LRB104 09876 LNS 19944 b
1 The Department of Revenue shall prepare and certify to the
2 Comptroller for disbursement the allocations made in
3 accordance with this paragraph.
4 (o) Failure to adopt a budget ordinance or otherwise to
5 comply with Section 4.01 of this Act or to adopt a Five-year
6 Capital Program or otherwise to comply with paragraph (b) of
7 Section 2.01 of this Act shall not affect the validity of any
8 tax imposed by 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 Regional Transportation
26 Authority) arising under any tax imposed under paragraph (b),
SB2111 Enrolled - 329 - LRB104 09876 LNS 19944 b
1 (c), or (d) of this Section shall not be affected by the
2 imposition of a tax under paragraph (e), (f), or (g) of this
3 Section.
4 (Source: P.A. 103-592, eff. 1-1-25; 103-781, eff. 8-5-24;
5 104-417, eff. 8-15-25.)
6 (Text of Section after amendment by P.A. 104-6)
7 Sec. 4.03. Taxes.
8 (a) Except as provided in subsection (m), in In order to
9 carry out any of the powers or purposes of the Authority, the
10 Board may, by ordinance approved by a supermajority vote
11 adopted with the concurrence of 12 of the then Directors,
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 State Department of Revenue. The Department
17 shall 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
SB2111 Enrolled - 330 - LRB104 09876 LNS 19944 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 State Department of Revenue to promulgate and
12 enforce rules and regulations relating to the administration
13 and enforcement of the provisions of the tax imposed, except
14 that reference in the Act to any municipality shall refer to
15 the 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
SB2111 Enrolled - 331 - LRB104 09876 LNS 19944 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 State 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 Regional Transportation Authority Retailers' Occupation Tax
21 upon all persons engaged in the business of selling tangible
22 personal property at retail in the metropolitan region. In
23 Cook County, unless the tax rate is increased by the Board by
24 ordinance, as provided in this Section, the tax rate shall be
25 1.25% of the gross receipts from sales of food for human
26 consumption that is to be consumed off the premises where it is
SB2111 Enrolled - 332 - LRB104 09876 LNS 19944 b
1 sold (other than alcoholic beverages, food consisting of or
2 infused with adult use cannabis, soft drinks, candy, and food
3 that has been prepared for immediate consumption) and tangible
4 personal property taxed at the 1% rate under the Retailers'
5 Occupation Tax Act, and 1% of the gross receipts from other
6 taxable sales made in the course of that business. In Cook
7 County, on and after the effective date of this amendatory Act
8 of the 104th General Assembly, the Board may, by ordinance,
9 increase the tax rate to not more than 1.5% of the gross
10 receipts from sales of food for human consumption that is to be
11 consumed off the premises where it is sold (other than
12 alcoholic beverages, food consisting of or infused with adult
13 use cannabis, soft drinks, candy, and food that has been
14 prepared for immediate consumption) and tangible personal
15 property taxed at the 1% rate under the Retailers' Occupation
16 Tax Act, and 1.25% of the gross receipts from other taxable
17 sales made in the course of that business. The Board shall take
18 such a vote on whether to increase the tax rate no later than
19 60 days after the effective date of this Act. In DuPage, Kane,
20 Lake, McHenry, and Will counties, unless the tax rate is
21 increased by the Board by an ordinance as approved by this
22 Section, the tax rate shall be 0.75% of the gross receipts from
23 all taxable sales made in the course of that business,
24 including sales of food for human consumption that is to be
25 consumed off the premises where it is sold (other than
26 alcoholic beverages, food consisting of or infused with adult
SB2111 Enrolled - 333 - LRB104 09876 LNS 19944 b
1 use cannabis, soft drinks, candy, and food that has been
2 prepared for immediate consumption). In DuPage, Kane, Lake,
3 McHenry, and Will counties, on and after the effective date of
4 this amendatory Act of the 104th General Assembly, the Board
5 may, by ordinance, increase the tax rate to not more than 1% of
6 the gross receipts from all taxable sales made in the course of
7 that business, including sales of food for human consumption
8 that is to be consumed off the premises where it is sold (other
9 than alcoholic beverages, food consisting of or infused with
10 adult use cannabis, soft drinks, candy, and food that has been
11 prepared for immediate consumption). The rate of tax imposed
12 in DuPage, Kane, Lake, McHenry, and Will counties under this
13 Section on sales of aviation fuel on or after December 1, 2019
14 shall, however, be 0.25% unless the Regional Transportation
15 Authority in DuPage, Kane, Lake, McHenry, and Will counties
16 has an "airport-related purpose" and the additional 0.50% of
17 the 0.75% tax (or 0.75% of 1% tax if the tax rate is increased
18 by the Board to 1%) on aviation fuel is expended for
19 airport-related purposes. If there is no airport-related
20 purpose to which aviation fuel tax revenue is dedicated, then
21 aviation fuel is excluded from the additional 0.50% of the
22 0.75% tax. The tax imposed under this Section and all civil
23 penalties that may be assessed as an incident thereof shall be
24 collected and enforced by the State Department of Revenue. The
25 Department shall have full power to administer and enforce
26 this Section; to collect all taxes and penalties so collected
SB2111 Enrolled - 334 - LRB104 09876 LNS 19944 b
1 in the manner hereinafter provided; and to determine all
2 rights to credit memoranda arising on account of the erroneous
3 payment of tax or penalty hereunder. In the administration of,
4 and compliance with this Section, the Department and persons
5 who are subject to this Section shall have the same rights,
6 remedies, privileges, immunities, powers, and duties, and be
7 subject to the same conditions, restrictions, limitations,
8 penalties, exclusions, exemptions, and definitions of terms,
9 and employ the same modes of procedure, as are prescribed in
10 Sections 1, 1a, 1a-1, 1c, 1d, 1e, 1f, 1i, 1j, 2 through 2-65
11 (in respect to all provisions therein other than the State
12 rate of tax and other than the exemption for food for human
13 consumption that is to be consumed off the premises where it is
14 sold (other than alcoholic beverages, food consisting of or
15 infused with adult use cannabis, soft drinks, candy, and food
16 that has been prepared for immediate consumption), which is
17 taxed at the rate as provided in this subsection), 2c, 3
18 (except as to the disposition of taxes and penalties
19 collected, and except that the retailer's discount is not
20 allowed for taxes paid on aviation fuel that are subject to the
21 revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.
22 47133), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l,
23 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12, and 13 of the
24 Retailers' Occupation Tax Act and Section 3-7 of the Uniform
25 Penalty and Interest Act, as fully as if those provisions were
26 set forth herein.
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1 The Board and DuPage, Kane, Lake, McHenry, and Will
2 counties must comply with the certification requirements for
3 airport-related purposes under Section 2-22 of the Retailers'
4 Occupation Tax Act. For purposes of this Section,
5 "airport-related purposes" has the meaning ascribed in Section
6 6z-20.2 of the State Finance Act. This exclusion for aviation
7 fuel only applies for so long as the revenue use requirements
8 of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the
9 Authority.
10 Persons subject to any tax imposed under the authority
11 granted in this Section may reimburse themselves for their
12 seller's tax liability hereunder by separately stating the tax
13 as an additional charge, which charge may be stated in
14 combination in a single amount with State taxes that sellers
15 are required to collect under the Use Tax Act, under any
16 bracket schedules the Department may prescribe.
17 Whenever the Department determines that a refund should be
18 made under this Section to a claimant instead of issuing a
19 credit memorandum, the Department shall notify the State
20 Comptroller, who shall cause the warrant to be drawn for the
21 amount specified, and to the person named, in the notification
22 from the Department. The refund shall be paid by the State
23 Treasurer out of the Northern Illinois Transit Regional
24 Transportation Authority tax fund established under paragraph
25 (n) of this Section or the Local Government Aviation Trust
26 Fund, as appropriate.
SB2111 Enrolled - 336 - LRB104 09876 LNS 19944 b
1 If a tax is imposed under this subsection (e), a tax shall
2 also be imposed under subsections (f) and (g) of this Section.
3 For the purpose of determining whether a tax authorized
4 under this Section is applicable, a retail sale by a producer
5 of coal or other mineral mined in Illinois, is a sale at retail
6 at the place where the coal or other mineral mined in Illinois
7 is extracted from the earth. This paragraph does not apply to
8 coal or other mineral when it is delivered or shipped by the
9 seller to the purchaser at a point outside Illinois so that the
10 sale is exempt under the Federal Constitution as a sale in
11 interstate or foreign commerce.
12 No tax shall be imposed or collected under this subsection
13 on the sale of a motor vehicle in this State to a resident of
14 another state if that motor vehicle will not be titled in this
15 State.
16 Nothing in this Section shall be construed to authorize
17 the Regional Transportation Authority to impose a tax upon the
18 privilege of engaging in any business that under the
19 Constitution of the United States may not be made the subject
20 of taxation by this State.
21 (f) If a tax has been imposed under paragraph (e), a
22 Northern Illinois Transit Regional Transportation Authority
23 Service Occupation Tax shall also be imposed upon all persons
24 engaged in the metropolitan region in the business of making
25 sales of service who, as an incident to making the sales of
26 service, transfer tangible personal property within the
SB2111 Enrolled - 337 - LRB104 09876 LNS 19944 b
1 metropolitan region, either in the form of tangible personal
2 property or in the form of real estate as an incident to a sale
3 of service. In Cook County, unless the tax rate is increased by
4 the Board by ordinance, as provided in this Section, the tax
5 rate shall be: (1) 1.25% of the serviceman's cost price of food
6 prepared for immediate consumption and transferred incident to
7 a sale of service subject to the service occupation tax by an
8 entity that is located in the metropolitan region and that is
9 licensed under the Hospital Licensing Act, the Nursing Home
10 Care Act, the Assisted Living and Shared Housing Act, the
11 Specialized Mental Health Rehabilitation Act of 2013, the
12 ID/DD Community Care Act, the MC/DD Act, or the Child Care Act
13 of 1969, or an entity that holds a permit issued pursuant to
14 the Life Care Facilities Act; (2) 1.25% of the selling price of
15 food for human consumption that is to be consumed off the
16 premises where it is sold (other than alcoholic beverages,
17 food consisting of or infused with adult use cannabis, soft
18 drinks, candy, and food that has been prepared for immediate
19 consumption) and tangible personal property taxed at the 1%
20 rate under the Service Occupation Tax Act; and (3) 1% of the
21 selling price from other taxable sales of tangible personal
22 property transferred. In Cook County, on and after the
23 effective date of this amendatory Act of the 104th General
24 Assembly, the Board may, by ordinance, increase the tax rate
25 to not more than: (1) 1.5% of the serviceman's cost price of
26 food prepared for immediate consumption and transferred
SB2111 Enrolled - 338 - LRB104 09876 LNS 19944 b
1 incident to a sale of service subject to the service
2 occupation tax by an entity that is located in the
3 metropolitan region and that is licensed under the Hospital
4 Licensing Act, the Nursing Home Care Act, the Assisted Living
5 and Shared Housing Act, the Specialized Mental Health
6 Rehabilitation Act of 2013, the ID/DD Community Care Act, the
7 MC/DD Act, or the Child Care Act of 1969, or an entity that
8 holds a permit issued pursuant to the Life Care Facilities
9 Act; (2) 1.5% of the selling price of food for human
10 consumption that is to be consumed off the premises where it is
11 sold (other than alcoholic beverages, food consisting of or
12 infused with adult use cannabis, soft drinks, candy, and food
13 that has been prepared for immediate consumption) and tangible
14 personal property taxed at the 1% rate under the Service
15 Occupation Tax Act; and (3) 1.25% of the selling price from
16 other taxable sales of tangible personal property transferred.
17 In DuPage, Kane, Lake, McHenry, and Will counties, before the
18 effective date of this amendatory Act of the 104th General
19 Assembly, the rate shall be (1) 0.75% of the selling price of
20 all tangible personal property transferred, including food for
21 human consumption that is to be consumed off the premises
22 where it is sold (other than alcoholic beverages, food
23 consisting of or infused with adult use cannabis, soft drinks,
24 candy, and food that has been prepared for immediate
25 consumption); and (2) 0.75% of the serviceman's cost price of
26 food prepared for immediate consumption and transferred
SB2111 Enrolled - 339 - LRB104 09876 LNS 19944 b
1 incident to a sale of service subject to the service
2 occupation tax by an entity that is located in the
3 metropolitan region and that is licensed under the Hospital
4 Licensing Act, the Nursing Home Care Act, the Assisted Living
5 and Shared Housing Act, the Specialized Mental Health
6 Rehabilitation Act of 2013, the ID/DD Community Care Act, or
7 the MC/DD Act, or the Child Care Act of 1969, or an entity that
8 holds a permit issued pursuant to the Life Care Facilities
9 Act. In DuPage, Kane, Lake, McHenry, and Will counties, on and
10 after the effective date of this amendatory Act of the 104th
11 General Assembly, the Board may, by ordinance, increase the
12 tax rate to not more than 1% of the selling price of all
13 tangible personal property transferred. The rate of tax
14 imposed in DuPage, Kane, Lake, McHenry, and Will counties
15 under this Section on sales of aviation fuel on or after
16 December 1, 2019 shall, however, be 0.25% unless the Regional
17 Transportation Authority in DuPage, Kane, Lake, McHenry, and
18 Will counties has an "airport-related purpose" and the
19 additional 0.50% of the 0.75% (or 0.75% of 1% tax if the tax
20 rate is increased by the Board to 1%) tax on aviation fuel is
21 expended for airport-related purposes. If there is no
22 airport-related purpose to which aviation fuel tax revenue is
23 dedicated, then aviation fuel is excluded from the additional
24 0.5% of the 0.75% tax.
25 The Board and DuPage, Kane, Lake, McHenry, and Will
26 counties must comply with the certification requirements for
SB2111 Enrolled - 340 - LRB104 09876 LNS 19944 b
1 airport-related purposes under Section 2-22 of the Retailers'
2 Occupation Tax Act. For purposes of this Section,
3 "airport-related purposes" has the meaning ascribed in Section
4 6z-20.2 of the State Finance Act. This exclusion for aviation
5 fuel only applies for so long as the revenue use requirements
6 of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the
7 Authority.
8 The tax imposed under this paragraph and all civil
9 penalties that may be assessed as an incident thereof shall be
10 collected and enforced by the State Department of Revenue. The
11 Department shall have full power to administer and enforce
12 this paragraph; to collect all taxes and penalties due
13 hereunder; to dispose of taxes and penalties collected in the
14 manner hereinafter provided; and to determine all rights to
15 credit memoranda arising on account of the erroneous payment
16 of tax or penalty hereunder. In the administration of and
17 compliance with this paragraph, the Department and persons who
18 are subject to this paragraph shall have the same rights,
19 remedies, privileges, immunities, powers, and duties, and be
20 subject to the same conditions, restrictions, limitations,
21 penalties, exclusions, exemptions, and definitions of terms,
22 and employ the same modes of procedure, as are prescribed in
23 Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all
24 provisions therein other than (i) the State rate of tax; (ii)
25 the exemption for food for human consumption that is to be
26 consumed off the premises where it is sold (other than
SB2111 Enrolled - 341 - LRB104 09876 LNS 19944 b
1 alcoholic beverages, food consisting of or infused with adult
2 use cannabis, soft drinks, candy, and food that has been
3 prepared for immediate consumption), which is taxed at the
4 rate as provided in this subsection; and (iii) the exemption
5 for food prepared for immediate consumption and transferred
6 incident to a sale of service subject to the service
7 occupation tax by an entity that is licensed under the
8 Hospital Licensing Act, the Nursing Home Care Act, the
9 Assisted Living and Shared Housing Act, the Specialized Mental
10 Health Rehabilitation Act of 2013, the ID/DD Community Care
11 Act, or the MC/DD Act, or the Child Care Act of 1969, or an
12 entity that holds a permit issued pursuant to the Life Care
13 Facilities Act, which is taxed at the rate as provided in this
14 subsection), 4 (except that the reference to the State shall
15 be to the Authority), 5, 7, 8 (except that the jurisdiction to
16 which the tax shall be a debt to the extent indicated in that
17 Section 8 shall be the Authority), 9 (except as to the
18 disposition of taxes and penalties collected, and except that
19 the returned merchandise credit for this tax may not be taken
20 against any State tax, and except that the retailer's discount
21 is not allowed for taxes paid on aviation fuel that are subject
22 to the revenue use requirements of 49 U.S.C. 47107(b) and 49
23 U.S.C. 47133), 10, 11, 12 (except the reference therein to
24 Section 2b of the Retailers' Occupation Tax Act), 13 (except
25 that any reference to the State shall mean the Authority), the
26 first paragraph of Section 15, 16, 17, 18, 19, and 20 of the
SB2111 Enrolled - 342 - LRB104 09876 LNS 19944 b
1 Service Occupation Tax Act and Section 3-7 of the Uniform
2 Penalty and Interest Act, as fully as if those provisions were
3 set forth herein.
4 Persons subject to any tax imposed under the authority
5 granted in this paragraph may reimburse themselves for their
6 serviceman's tax liability hereunder by separately stating the
7 tax as an additional charge, that charge may be stated in
8 combination in a single amount with State tax that servicemen
9 are authorized to collect under the Service Use Tax Act, under
10 any bracket schedules the Department may prescribe.
11 Whenever the Department of Revenue determines that a
12 refund should be made under this paragraph to a claimant
13 instead of issuing a credit memorandum, the Department of
14 Revenue shall notify the State Comptroller, who shall cause
15 the warrant to be drawn for the amount specified, and to the
16 person named in the notification from the Department of
17 Revenue. The refund shall be paid by the State Treasurer out of
18 the Northern Illinois Transit Regional Transportation
19 Authority tax fund established under paragraph (n) of this
20 Section or the Local Government Aviation Trust Fund, as
21 appropriate.
22 Nothing in this paragraph shall be construed to authorize
23 the Authority to impose a tax upon the privilege of engaging in
24 any business that under the Constitution of the United States
25 may not be made the subject of taxation by the State.
26 (g) If a tax has been imposed under paragraph (e), a tax
SB2111 Enrolled - 343 - LRB104 09876 LNS 19944 b
1 shall also be imposed upon the privilege of using in the
2 metropolitan region, any item of tangible personal property
3 that is purchased outside the metropolitan region at retail
4 from a retailer, and that is titled or registered with an
5 agency of this State's government. In Cook County, unless the
6 tax rate is increased by the Board by ordinance, as provided in
7 this Section, the tax rate shall be 1% of the selling price of
8 the tangible personal property, as "selling price" is defined
9 in the Use Tax Act. In Cook County, on and after the effective
10 date of this amendatory Act of the 104th General Assembly, the
11 Board may, by ordinance, increase the tax rate to not more than
12 1.25% of the selling price of the tangible personal property,
13 as "selling price" is defined in the Use Tax Act. In DuPage,
14 Kane, Lake, McHenry, and Will counties, before the effective
15 date of this amendatory Act of the 104th General Assembly, the
16 tax rate shall be 0.75% of the selling price of the tangible
17 personal property, as "selling price" is defined in the Use
18 Tax Act. In DuPage, Kane, Lake, McHenry, and Will counties, on
19 and after the effective date of this amendatory Act of the
20 104th General Assembly, the Board may, by ordinance, increase
21 the tax rate to not more than 1% of the selling price of the
22 tangible personal property, as "selling price" is defined in
23 the Use Tax Act. The tax shall be collected from persons whose
24 Illinois address for titling or registration purposes is given
25 as being in the metropolitan region. The tax shall be
26 collected by the Department of Revenue for the Regional
SB2111 Enrolled - 344 - LRB104 09876 LNS 19944 b
1 Transportation Authority. The tax must be paid to the State,
2 or an exemption determination must be obtained from the
3 Department of Revenue, before the title or certificate of
4 registration for the property may be issued. The tax or proof
5 of exemption may be transmitted to the Department by way of the
6 State agency with which, or the State officer with whom, the
7 tangible personal property must be titled or registered if the
8 Department and the State agency or State officer determine
9 that this procedure will expedite the processing of
10 applications for title or registration.
11 The Department shall have full power to administer and
12 enforce this paragraph; to collect all taxes, penalties, and
13 interest due hereunder; to dispose of taxes, penalties, and
14 interest collected in the manner hereinafter provided; and to
15 determine all rights to credit memoranda or refunds arising on
16 account of the erroneous payment of tax, penalty, or interest
17 hereunder. In the administration of and compliance with this
18 paragraph, the Department and persons who are subject to this
19 paragraph shall have the same rights, remedies, privileges,
20 immunities, powers, and duties, and be subject to the same
21 conditions, restrictions, limitations, penalties, exclusions,
22 exemptions, and definitions of terms and employ the same modes
23 of procedure, as are prescribed in Sections 2 (except the
24 definition of "retailer maintaining a place of business in
25 this State"), 3 through 3-80 (except provisions pertaining to
26 the State rate of tax, and except provisions concerning
SB2111 Enrolled - 345 - LRB104 09876 LNS 19944 b
1 collection or refunding of the tax by retailers), 4, 11, 12,
2 12a, 14, 15, 19 (except the portions pertaining to claims by
3 retailers and except the last paragraph concerning refunds),
4 20, 21, and 22 of the Use Tax Act, and are not inconsistent
5 with this paragraph, as fully as if those provisions were set
6 forth herein.
7 Whenever the Department determines that a refund should be
8 made under this paragraph to a claimant instead of issuing a
9 credit memorandum, the Department shall notify the State
10 Comptroller, who shall cause the order to be drawn for the
11 amount specified, and to the person named in the notification
12 from the Department. The refund shall be paid by the State
13 Treasurer out of the Northern Illinois Transit Regional
14 Transportation Authority tax fund established under paragraph
15 (n) of this Section.
16 (g-5) If, on January 1, 2025, a unit of local government
17 has in effect a tax under subsections (e), (f), and (g), or if,
18 after January 1, 2025, a unit of local government imposes a tax
19 under subsections (e), (f), and (g), then that tax applies to
20 leases of tangible personal property in effect, entered into,
21 or renewed on or after that date in the same manner as the tax
22 under this Section and in accordance with the changes made by
23 Public Act 103-592.
24 (h) The Authority may impose a replacement vehicle tax of
25 $50 on any passenger car as defined in Section 1-157 of the
26 Illinois Vehicle Code purchased within the metropolitan region
SB2111 Enrolled - 346 - LRB104 09876 LNS 19944 b
1 by or on behalf of an insurance company to replace a passenger
2 car of an insured person in settlement of a total loss claim.
3 The tax imposed may not become effective before the first day
4 of the month following the passage of the ordinance imposing
5 the tax and receipt of a certified copy of the ordinance by the
6 Department of Revenue. The Department of Revenue shall collect
7 the tax for the Authority in accordance with Sections 3-2002
8 and 3-2003 of the Illinois Vehicle Code.
9 The Department shall immediately pay over to the State
10 Treasurer, ex officio, as trustee, all taxes collected
11 hereunder.
12 As soon as possible after the first day of each month,
13 beginning January 1, 2011, upon certification of the
14 Department of Revenue, the Comptroller shall order
15 transferred, and the Treasurer shall transfer, to the STAR
16 Bonds Revenue Fund the local sales tax increment, as defined
17 in the Innovation Development and Economy Act, collected under
18 this Section during the second preceding calendar month for
19 sales within a STAR bond district.
20 After the monthly transfer to the STAR Bonds Revenue Fund,
21 on or before the 25th day of each calendar month, the
22 Department shall prepare and certify to the Comptroller the
23 disbursement of stated sums of money to the Authority. The
24 amount to be paid to the Authority shall be the amount
25 collected hereunder during the second preceding calendar month
26 by the Department, less any amount determined by the
SB2111 Enrolled - 347 - LRB104 09876 LNS 19944 b
1 Department to be necessary for the payment of refunds, and
2 less any amounts that are transferred to the STAR Bonds
3 Revenue Fund. Within 10 days after receipt by the Comptroller
4 of the disbursement certification to the Authority provided
5 for in this Section to be given to the Comptroller by the
6 Department, the Comptroller shall cause the orders to be drawn
7 for that amount in accordance with the directions contained in
8 the certification.
9 (i) The Board may not impose any other taxes except as it
10 may from time to time be authorized by law to impose.
11 (j) A certificate of registration issued by the State
12 Department of Revenue to a retailer under the Retailers'
13 Occupation Tax Act or under the Service Occupation Tax Act
14 shall permit the registrant to engage in a business that is
15 taxed under the tax imposed under paragraphs (b), (e), (f) or
16 (g) of this Section and no additional registration shall be
17 required under the tax. A certificate issued under the Use Tax
18 Act or the Service Use Tax Act shall be applicable with regard
19 to any tax imposed under paragraph (c) of this Section.
20 (k) The provisions of any tax imposed under paragraph (c)
21 of this Section shall conform as closely as may be practicable
22 to the provisions of the Use Tax Act, including, without
23 limitation, conformity as to penalties with respect to the tax
24 imposed and as to the powers of the State Department of Revenue
25 to promulgate and enforce rules and regulations relating to
26 the administration and enforcement of the provisions of the
SB2111 Enrolled - 348 - LRB104 09876 LNS 19944 b
1 tax imposed. The taxes shall be imposed only on use within the
2 metropolitan region and at rates as provided in the paragraph.
3 (l) The Board in imposing any tax as provided in
4 paragraphs (b) and (c) of this Section, shall, after seeking
5 the advice of the State Department of Revenue, provide means
6 for retailers, users or purchasers of motor fuel for purposes
7 other than those with regard to which the taxes may be imposed
8 as provided in those paragraphs to receive refunds of taxes
9 improperly paid, which provisions may be at variance with the
10 refund provisions as applicable under the Municipal Retailers
11 Occupation Tax Act. The State Department of Revenue may
12 provide for certificates of registration for users or
13 purchasers of motor fuel for purposes other than those with
14 regard to which taxes may be imposed as provided in paragraphs
15 (b) and (c) of this Section to facilitate the reporting and
16 nontaxability of the exempt sales or uses.
17 (m) Any ordinance imposing or discontinuing any tax under
18 this Section shall be adopted and a certified copy thereof
19 filed with the Department on or before June 1, whereupon the
20 Department of Revenue shall proceed to administer and enforce
21 this Section on behalf of the Regional Transportation
22 Authority as of September 1 next following such adoption and
23 filing. Beginning January 1, 1992, an ordinance or resolution
24 imposing or discontinuing the tax hereunder shall be adopted
25 and a certified copy thereof filed with the Department on or
26 before the first day of July, whereupon the Department shall
SB2111 Enrolled - 349 - LRB104 09876 LNS 19944 b
1 proceed to administer and enforce this Section as of the first
2 day of October next following such adoption and filing.
3 Beginning January 1, 1993, an ordinance or resolution
4 imposing, increasing, decreasing, or discontinuing the tax
5 hereunder shall be adopted and a certified copy thereof filed
6 with the Department, whereupon the Department shall proceed to
7 administer and enforce this Section as of the first day of the
8 first month to occur not less than 60 days following such
9 adoption and filing. Any ordinance or resolution of the
10 Authority imposing a tax under this Section and in effect on
11 August 1, 2007 shall remain in full force and effect and shall
12 be administered by the Department of Revenue under the terms
13 and conditions and rates of tax established by such ordinance
14 or resolution until the Department begins administering and
15 enforcing an increased tax under this Section as authorized by
16 Public Act 95-708. Any ordinance or resolution of the
17 Authority imposing a tax under this Section and in effect on
18 the effective date of this amendatory Act of the 104th General
19 Assembly shall remain in full force and effect and shall be
20 administered by the Department of Revenue under the terms and
21 conditions and rates of tax established by such ordinance or
22 resolution until the Department begins administering and
23 enforcing an increased tax under this Section as authorized by
24 this amendatory Act of the 104th General Assembly. The tax
25 rates authorized by Public Act 95-708 are effective only if
26 imposed by ordinance of the Authority. The tax rates
SB2111 Enrolled - 350 - LRB104 09876 LNS 19944 b
1 authorized by this amendatory Act of the 104th General
2 Assembly are effective only if an ordinance is approved by the
3 Authority with the affirmative votes of a simple majority of
4 its then Directors.
5 (n) Except as otherwise provided in this subsection (n),
6 the State Department of Revenue shall, upon collecting any
7 taxes as provided in this Section, pay the taxes over to the
8 State Treasurer as trustee for the Authority. The taxes shall
9 be held in a trust fund outside the State treasury Treasury. If
10 an airport-related purpose has been certified, taxes and
11 penalties collected in DuPage, Kane, Lake, McHenry and Will
12 counties on aviation fuel sold on or after December 1, 2019
13 from the 0.50% of the 0.75% rate shall be immediately paid over
14 by the Department to the State Treasurer, ex officio, as
15 trustee, for deposit into the Local Government Aviation Trust
16 Fund. The Department shall only pay moneys into the Local
17 Government Aviation Trust Fund under this Act for so long as
18 the revenue use requirements of 49 U.S.C. 47107(b) and 49
19 U.S.C. 47133 are binding on the Authority. On or before the
20 25th day of each calendar month, the State Department of
21 Revenue shall prepare and certify to the Comptroller of the
22 State of Illinois and to the Authority (i) the amount of taxes
23 collected in each county other than Cook County in the
24 metropolitan region, (not including, if an airport-related
25 purpose has been certified, the taxes and penalties collected
26 from the 0.50% of the 0.75% rate on aviation fuel sold on or
SB2111 Enrolled - 351 - LRB104 09876 LNS 19944 b
1 after December 1, 2019 that are deposited into the Local
2 Government Aviation Trust Fund) (ii) the amount of taxes
3 collected within the City of Chicago, and (iii) the amount
4 collected in that portion of Cook County outside of Chicago,
5 each amount less the amount necessary for the payment of
6 refunds to taxpayers located in those areas described in items
7 (i), (ii), and (iii), and less 1.5% of the remainder, which
8 shall be transferred from the trust fund into the Tax
9 Compliance and Administration Fund. The Department, at the
10 time of each monthly disbursement to the Authority, shall
11 prepare and certify to the State Comptroller the amount to be
12 transferred into the Tax Compliance and Administration Fund
13 under this subsection. Within 10 days after receipt by the
14 Comptroller of the certification of the amounts, the
15 Comptroller shall cause an order to be drawn for the transfer
16 of the amount certified into the Tax Compliance and
17 Administration Fund and the payment of two-thirds of the
18 amounts certified in item (i) of this subsection to the
19 Authority and one-third of the amounts certified in item (i)
20 of this subsection to the respective counties other than Cook
21 County and the amount certified in items (ii) and (iii) of this
22 subsection to the Authority.
23 In addition to the disbursement required by the preceding
24 paragraph, an allocation shall be made in July 1991 and each
25 year thereafter to the Regional Transportation Authority. The
26 allocation shall be made in an amount equal to the average
SB2111 Enrolled - 352 - LRB104 09876 LNS 19944 b
1 monthly distribution during the preceding calendar year
2 (excluding the 2 months of lowest receipts) and the allocation
3 shall include the amount of average monthly distribution from
4 the Northern Illinois Transit Regional Transportation
5 Authority Occupation and Use Tax Replacement Fund. The
6 distribution made in July 1992 and each year thereafter under
7 this paragraph and the preceding paragraph shall be reduced by
8 the amount allocated and disbursed under this paragraph in the
9 preceding calendar year. The Department of Revenue shall
10 prepare and certify to the Comptroller for disbursement the
11 allocations made in accordance with this paragraph.
12 (o) Failure to adopt a budget ordinance or otherwise to
13 comply with Section 4.01 of this Act or to adopt a 5-Year
14 Five-year Capital Program or otherwise to comply with
15 paragraph (b) of Section 2.01 of this Act shall not affect the
16 validity of any tax imposed by the Authority otherwise in
17 conformity with law.
18 (p) At no time shall a public transportation tax or motor
19 vehicle parking tax authorized under paragraphs (b), (c), and
20 (d) of this Section be in effect at the same time as any
21 retailers' occupation, use or service occupation tax
22 authorized under paragraphs (e), (f), and (g) of this Section
23 is in effect.
24 Any taxes imposed under the authority provided in
25 paragraphs (b), (c), and (d) shall remain in effect only until
26 the time as any tax authorized by paragraph (e), (f), or (g) of
SB2111 Enrolled - 353 - LRB104 09876 LNS 19944 b
1 this Section is imposed and becomes effective. Once any tax
2 authorized by paragraph (e), (f), or (g) is imposed the Board
3 may not reimpose taxes as authorized in paragraphs (b), (c),
4 and (d) of the Section unless any tax authorized by paragraph
5 (e), (f), or (g) of this Section becomes ineffective by means
6 other than an ordinance of the Board.
7 (q) Any existing rights, remedies and obligations
8 (including enforcement by the Regional Transportation
9 Authority) arising under any tax imposed under paragraph (b),
10 (c), or (d) of this Section shall not be affected by the
11 imposition of a tax under paragraph (e), (f), or (g) of this
12 Section.
13 (r) The Board shall hold a vote on whether to adopt an
14 ordinance to increase the tax rate to the rates authorized by
15 this amendatory Act of the 104th General Assembly within 60
16 days of the effective date of this amendatory Act of the 104th
17 General Assembly.
18 (Source: P.A. 103-592, eff. 1-1-25; 103-781, eff. 8-5-24;
19 104-6, eff. 1-1-26; 104-417, eff. 8-15-25.)
20 (70 ILCS 3615/4.03.3)
21 Sec. 4.03.3. Distribution of Revenues.
22 This Section applies only after 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 providing for payment of its
SB2111 Enrolled - 354 - LRB104 09876 LNS 19944 b
1 obligations with respect to bonds and notes issued under the
2 provisions of Section 4.04 and obligations related to those
3 bonds and notes and separately accounting for the tax on
4 aviation fuel deposited into the Local Government Aviation
5 Trust Fund, the Authority shall disburse the remaining
6 proceeds from taxes it has received from the Department of
7 Revenue under this Article IV and the remaining proceeds it
8 has received from the State under Section 4.09(a) as follows:
9 (a) (Blank). With respect to taxes imposed by the
10 Authority under Section 4.03, after withholding 15% of 80% of
11 the receipts from those taxes collected in Cook County at a
12 rate of 1.25%, 15% of 75% of the receipts from those taxes
13 collected in Cook County at the rate of 1%, 15% of one-half of
14 the receipts from those taxes collected in DuPage, Kane, Lake,
15 McHenry, and Will Counties, and 15% of money received by the
16 Authority from the Regional Transportation Authority
17 Occupation and Use Tax Replacement Fund or from the Regional
18 Transportation Authority tax fund created in Section 4.03(n),
19 the Board shall allocate the proceeds and money remaining to
20 the Service Boards as follows:
21 (1) an amount equal to (i) 85% of 80% of the receipts
22 from those taxes collected within the City of Chicago at a
23 rate of 1.25%, (ii) 85% of 75% of the receipts from those
24 taxes collected in the City of Chicago at the rate of 1%,
25 and (iii) 85% of the money received by the Authority on
26 account of transfers to the Regional Transportation
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1 Authority Occupation and Use Tax Replacement Fund or to
2 the Regional Transportation Authority tax fund created in
3 Section 4.03(n) from the County and Mass Transit District
4 Fund attributable to retail sales within the City of
5 Chicago shall be allocated to the Chicago Transit
6 Authority;
7 (2) an amount equal to (i) 85% of 80% of the receipts
8 from those taxes collected within Cook County outside of
9 the City of Chicago at a rate of 1.25%, (ii) 85% of 75% of
10 the receipts from those taxes collected within Cook County
11 outside the City of Chicago at a rate of 1%, and (iii) 85%
12 of the money received by the Authority on account of
13 transfers to the Regional Transportation Authority
14 Occupation and Use Tax Replacement Fund or to the Regional
15 Transportation Authority tax fund created in Section
16 4.03(n) from the County and Mass Transit District Fund
17 attributable to retail sales within Cook County outside of
18 the City of Chicago shall be allocated 30% to the Chicago
19 Transit Authority, 55% to the Commuter Rail Board, and 15%
20 to the Suburban Bus Board; and
21 (3) an amount equal to 85% of one-half of the receipts
22 from the taxes collected within the Counties of DuPage,
23 Kane, Lake, McHenry, and Will shall be allocated 70% to
24 the Commuter Rail Board and 30% to the Suburban Bus Board.
25 (b) (Blank). Moneys received by the Authority on account
26 of transfers to the Regional Transportation Authority
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1 Occupation and Use Tax Replacement Fund from the State and
2 Local Sales Tax Reform Fund shall be allocated among the
3 Authority and the Service Boards as follows: 15% of such
4 moneys shall be retained by the Authority and the remaining
5 85% shall be transferred to the Service Boards as soon as may
6 be practicable after the Authority receives payment. Moneys
7 which are distributable to the Service Boards pursuant to the
8 preceding sentence shall be allocated among the Service Boards
9 on the basis of each Service Board's distribution ratio. The
10 term "distribution ratio" means, for purposes of this
11 subsection (b), the ratio of the total amount distributed to a
12 Service Board pursuant to subsection (a) of Section 4.03.3 for
13 the immediately preceding calendar year to the total amount
14 distributed to all of the Service Boards pursuant to
15 subsection (a) of Section 4.03.3 for the immediately preceding
16 calendar year.
17 (c) (Blank). (i) 20% of the receipts from those taxes
18 collected in Cook County under Section 4.03 at the rate of
19 1.25%, (ii) 25% of the receipts from those taxes collected in
20 Cook County under Section 4.03 at the rate of 1%, (iii) 50% of
21 the receipts from those taxes collected in DuPage, Kane, Lake,
22 McHenry, and Will Counties under Section 4.03, and (iv)
23 amounts received from the State under Section 4.09 (a)(2) and
24 items (i), (ii), and (iii) of Section 4.09 (a)(3) shall be
25 allocated as follows: the amount required to be deposited into
26 the ADA Paratransit Fund described in Section 2.01d, the
SB2111 Enrolled - 357 - LRB104 09876 LNS 19944 b
1 amount required to be deposited into the Suburban Community
2 Mobility Fund described in Section 2.01e, and the amount
3 required to be deposited into the Innovation, Coordination and
4 Enhancement Fund described in Section 2.01c, and the balance
5 shall be allocated 48% to the Chicago Transit Authority, 39%
6 to the Commuter Rail Board, and 13% to the Suburban Bus Board.
7 (d) (Blank). Amounts received from the State under Section
8 4.09 (a)(3)(iv) shall be distributed 100% to the Chicago
9 Transit Authority.
10 (d-5) For fiscal years 2027, 2028, and 2029, the
11 Authority, after making deductions to cover the Authority's
12 expenses, including Administrative Operating Expenses,
13 Regional Services Operating Expense, Program and Project
14 Expenses, Joint Self-Insurance Fund, and debt service
15 obligations, and the cost of ADA paratransit service shall
16 allocate operating revenue from all sources as follows:
17 (1) An amount to each Service Board equal to the
18 amount of the total public funding and the federal relief
19 funding the Service Board received in Fiscal Year 2025
20 under the Regional Budget adopted by the Authority in
21 December 2024.
22 (2) Any amount remaining after the distribution under
23 paragraph (1) shall be allocated to the Service Boards in
24 proportion to the sum of each Service Board's percentage
25 of:
26 (A) vehicle revenue miles;
SB2111 Enrolled - 358 - LRB104 09876 LNS 19944 b
1 (B) passenger miles traveled;
2 (C) unlinked passenger trips; and
3 (D) vehicle revenue hours.
4 (d-10) The Board of the Authority may, by ordinance,
5 adjust the amounts allocated to each of the Service Boards
6 under paragraph (2) of subsection (d-5) if it finds that the
7 allocation of funds under paragraphs (1) and (2) of subsection
8 (d-5) has a disproportionately adverse impact on the service
9 levels of any Service Board and shall make appropriate
10 adjustments to address the disproportionate adverse impact.
11 (d-15) For fiscal years 2030, 2031, and 2032, the
12 Authority, after making deductions to cover the Authority's
13 expenses, including Administrative Operating Expenses,
14 Regional Services Operating Expense, Program and Project
15 Expenses, Joint Self-Insurance Fund, and debt service
16 obligations and the cost of ADA paratransit service, shall
17 allocate operating revenue from all sources to each Service
18 Board in an amount equal to the amount of the total public
19 funding and federal relief funding the Service Board received
20 in Fiscal Year 2025 under the Annual Budget and 2-Year
21 Financial Plan adopted by the Authority in December 2024. Any
22 amount remaining after the distribution under subsection
23 (d-10) shall be allocated to the Service Boards by the
24 Authority under the service standards.
25 (d-20) For Fiscal Year 2033 and each fiscal year
26 thereafter, the Authority, after making deductions to cover
SB2111 Enrolled - 359 - LRB104 09876 LNS 19944 b
1 the Authority's expenses, shall allocate operating revenue
2 from all sources to the Service Boards under the service
3 standards.
4 (d-25) The allocation of funds for any fiscal year shall
5 be sufficient to satisfy the debt service obligations of the
6 Service Boards entered into in compliance with the
7 requirements of this Act.
8 (e) With respect to those taxes collected in DuPage, Kane,
9 Lake, McHenry, and Will Counties and paid directly to the
10 counties under Section 4.03, the County Board of each county
11 shall use those amounts to fund operating and capital costs of
12 public safety and public transportation services or facilities
13 or to fund operating, capital, right-of-way, construction, and
14 maintenance costs of other transportation purposes, including
15 road, bridge, public safety, and transit purposes intended to
16 improve mobility or reduce congestion in the county. The
17 receipt of funding by such counties pursuant to this paragraph
18 shall not be used as the basis for reducing any funds that such
19 counties would otherwise have received from the State of
20 Illinois, any agency or instrumentality thereof, the
21 Authority, or the Service Boards.
22 (f) The Authority by ordinance approved by a supermajority
23 vote adopted by 12 of its then Directors shall apportion to the
24 Service Boards funds provided by the State of Illinois under
25 Section 4.09(a)(1) as it shall determine and shall make
26 payment of the amounts to each Service Board as soon as may be
SB2111 Enrolled - 360 - LRB104 09876 LNS 19944 b
1 practicable upon their receipt provided the Authority has
2 adopted a balanced budget as required by Section 4.01 and
3 further provided the Service Board is in compliance with the
4 requirements in Section 4.11.
5 (g) Beginning January 1, 2009, before making any payments,
6 transfers, or expenditures under this Section to a Service
7 Board, the Authority must first comply with Section 4.02a or
8 4.02b of this Act, whichever may be applicable.
9 (h) Moneys may be appropriated from the Public
10 Transportation Fund to the Office of the Executive Inspector
11 General for the costs incurred by the Executive Inspector
12 General while serving as the inspector general for the
13 Authority and each of the Service Boards. Beginning December
14 31, 2012, and each year thereafter, the Office of the
15 Executive Inspector General shall annually report to the
16 General Assembly the expenses incurred while serving as the
17 inspector general for the Authority and each of the Service
18 Boards.
19 (Source: P.A. 101-604, eff. 12-13-19.)
20 (70 ILCS 3615/4.04) (from Ch. 111 2/3, par. 704.04)
21 Sec. 4.04. Issuance and Pledge of Bonds and Notes.
22 (a) The Authority shall have the continuing power to
23 borrow money and to issue its negotiable bonds or notes as
24 provided in this Section. Unless otherwise indicated in this
25 Section, the term "notes" also includes bond anticipation
SB2111 Enrolled - 361 - LRB104 09876 LNS 19944 b
1 notes, which are notes which by their terms provide for their
2 payment from the proceeds of bonds thereafter to be issued.
3 Bonds or notes of the Authority may be issued for any or all of
4 the following purposes: to pay costs to the Authority or a
5 Service Board of constructing or acquiring any public
6 transportation facilities (including funds and rights relating
7 thereto, as provided in Section 2.05 of this Act); to repay
8 advances to the Authority or a Service Board made for such
9 purposes; to pay other expenses of the Authority or a Service
10 Board incident to or incurred in connection with such
11 construction or acquisition; to provide funds for any
12 Transportation Agency transportation agency to pay principal
13 of or interest or redemption premium on any bonds or notes,
14 whether as such amounts become due or by earlier redemption,
15 issued prior to the date of this amendatory Act by such
16 Transportation Agency transportation agency to construct or
17 acquire public transportation facilities or to provide funds
18 to purchase such bonds or notes; and to provide funds for any
19 Transportation Agency transportation agency to construct or
20 acquire any public transportation facilities, to repay
21 advances made for such purposes, and to pay other expenses
22 incident to or incurred in connection with such construction
23 or acquisition; and to provide funds for payment of
24 obligations, including the funding of reserves, under any
25 self-insurance plan or joint self-insurance pool or entity.
26 In addition to any other borrowing as may be authorized by
SB2111 Enrolled - 362 - LRB104 09876 LNS 19944 b
1 this Section, the Authority may issue its notes, from time to
2 time, in anticipation of tax receipts of the Authority or of
3 other revenues or receipts of the Authority, in order to
4 provide money for the Authority or the Service Boards to cover
5 any cash flow deficit which the Authority or a Service Board
6 anticipates incurring. Any such notes are referred to in this
7 Section as "Working Cash Notes". No Working Cash Notes shall
8 be issued for a term of longer than 24 months. Proceeds of
9 Working Cash Notes may be used to pay day to day operating
10 expenses of the Authority or the Service Boards, consisting of
11 wages, salaries, and fringe benefits, professional and
12 technical services (including legal, audit, engineering, and
13 other consulting services), office rental, furniture, fixtures
14 and equipment, insurance premiums, claims for self-insured
15 amounts under insurance policies, public utility obligations
16 for telephone, light, heat and similar items, travel expenses,
17 office supplies, postage, dues, subscriptions, public hearings
18 and information expenses, fuel purchases, and payments of
19 grants and payments under purchase of service agreements for
20 operations of Transportation Agencies transportation agencies,
21 prior to the receipt by the Authority or a Service Board from
22 time to time of funds for paying such expenses. In addition to
23 any Working Cash Notes that the Board of the Authority may
24 determine to issue, the Suburban Bus Board, the Commuter Rail
25 Board or the Board of the Chicago Transit Authority may demand
26 and direct that the Authority issue its Working Cash Notes in
SB2111 Enrolled - 363 - LRB104 09876 LNS 19944 b
1 such amounts and having such maturities as the Service Board
2 may determine.
3 Notwithstanding any other provision of this Act, any
4 amounts necessary to pay principal of and interest on any
5 Working Cash Notes issued at the demand and direction of a
6 Service Board or any Working Cash Notes the proceeds of which
7 were used for the direct benefit of a Service Board or any
8 other Bonds or Notes of the Authority the proceeds of which
9 were used for the direct benefit of a Service Board shall
10 constitute a reduction of the amount of any other funds
11 provided by the Authority to that Service Board. The Authority
12 shall, after deducting any costs of issuance, tender the net
13 proceeds of any Working Cash Notes issued at the demand and
14 direction of a Service Board to such Service Board as soon as
15 may be practicable after the proceeds are received. The
16 Authority may also issue notes or bonds to pay, refund or
17 redeem any of its notes and bonds, including to pay redemption
18 premiums or accrued interest on such bonds or notes being
19 renewed, paid or refunded, and other costs in connection
20 therewith. The Authority may also utilize the proceeds of any
21 such bonds or notes to pay the legal, financial,
22 administrative and other expenses of such authorization,
23 issuance, sale or delivery of bonds or notes or to provide or
24 increase a debt service reserve fund with respect to any or all
25 of its bonds or notes. The Authority may also issue and deliver
26 its bonds or notes in exchange for any public transportation
SB2111 Enrolled - 364 - LRB104 09876 LNS 19944 b
1 facilities, (including funds and rights relating thereto, as
2 provided in Section 2.05 of this Act) or in exchange for
3 outstanding bonds or notes of the Authority, including any
4 accrued interest or redemption premium thereon, without
5 advertising or submitting such notes or bonds for public
6 bidding.
7 (b) The ordinance providing for the issuance of any such
8 bonds or notes shall fix the date or dates of maturity, the
9 dates on which interest is payable, any sinking fund account
10 or reserve fund account provisions and all other details of
11 such bonds or notes and may provide for such covenants or
12 agreements necessary or desirable with regard to the issue,
13 sale and security of such bonds or notes. The rate or rates of
14 interest on its bonds or notes may be fixed or variable and the
15 Authority shall determine or provide for the determination of
16 the rate or rates of interest of its bonds or notes issued
17 under this Act in an ordinance adopted by the Authority prior
18 to the issuance thereof, none of which rates of interest shall
19 exceed that permitted in the Bond Authorization Act. Interest
20 may be payable at such times as are provided for by the Board.
21 Bonds and notes issued under this Section may be issued as
22 serial or term obligations, shall be of such denomination or
23 denominations and form, including interest coupons to be
24 attached thereto, be executed in such manner, shall be payable
25 at such place or places and bear such date as the Authority
26 shall fix by the ordinance authorizing such bond or note and
SB2111 Enrolled - 365 - LRB104 09876 LNS 19944 b
1 shall mature at such time or times, within a period not to
2 exceed forty years from the date of issue, and may be
3 redeemable prior to maturity with or without premium, at the
4 option of the Authority, upon such terms and conditions as the
5 Authority shall fix by the ordinance authorizing the issuance
6 of such bonds or notes. No bond anticipation note or any
7 renewal thereof shall mature at any time or times exceeding 5
8 years from the date of the first issuance of such note. The
9 Authority may provide for the registration of bonds or notes
10 in the name of the owner as to the principal alone or as to
11 both principal and interest, upon such terms and conditions as
12 the Authority may determine. The ordinance authorizing bonds
13 or notes may provide for the exchange of such bonds or notes
14 which are fully registered, as to both principal and interest,
15 with bonds or notes which are registerable as to principal
16 only. All bonds or notes issued under this Section by the
17 Authority other than those issued in exchange for property or
18 for bonds or notes of the Authority shall be sold at a price
19 which may be at a premium or discount but such that the
20 interest cost (excluding any redemption premium) to the
21 Authority of the proceeds of an issue of such bonds or notes,
22 computed to stated maturity according to standard tables of
23 bond values, shall not exceed that permitted in the Bond
24 Authorization Act. The Authority shall notify the Governor's
25 Office of Management and Budget and the State Comptroller at
26 least 30 days before any bond sale and shall file with the
SB2111 Enrolled - 366 - LRB104 09876 LNS 19944 b
1 Governor's Office of Management and Budget and the State
2 Comptroller a certified copy of any ordinance authorizing the
3 issuance of bonds at or before the issuance of the bonds. After
4 December 31, 1994, any such bonds or notes shall be sold to the
5 highest and best bidder on sealed bids as the Authority shall
6 deem. As such bonds or notes are to be sold the Authority shall
7 advertise for proposals to purchase the bonds or notes which
8 advertisement shall be published at least once in a daily
9 newspaper of general circulation published in the metropolitan
10 region at least 10 days before the time set for the submission
11 of bids. The Authority shall have the right to reject any or
12 all bids. Notwithstanding any other provisions of this
13 Section, Working Cash Notes or bonds or notes to provide funds
14 for self-insurance or a joint self-insurance pool or entity
15 may be sold either upon competitive bidding or by negotiated
16 sale (without any requirement of publication of intention to
17 negotiate the sale of such Notes), as the Board shall
18 determine by ordinance adopted with the affirmative votes of
19 at least 9 Directors. In case any officer whose signature
20 appears on any bonds, notes or coupons authorized pursuant to
21 this Section shall cease to be such officer before delivery of
22 such bonds or notes, such signature shall nevertheless be
23 valid and sufficient for all purposes, the same as if such
24 officer had remained in office until such delivery. Neither
25 the Directors of the Authority nor any person executing any
26 bonds or notes thereof shall be liable personally on any such
SB2111 Enrolled - 367 - LRB104 09876 LNS 19944 b
1 bonds or notes or coupons by reason of the issuance thereof.
2 (c) All bonds or notes of the Authority issued pursuant to
3 this Section shall be general obligations of the Authority to
4 which shall be pledged the full faith and credit of the
5 Authority, as provided in this Section. Such bonds or notes
6 shall be secured as provided in the authorizing ordinance,
7 which may, notwithstanding any other provision of this Act,
8 include in addition to any other security, a specific pledge
9 or assignment of and lien on or security interest in any or all
10 tax receipts of the Authority and on any or all other revenues
11 or moneys of the Authority from whatever source, which may by
12 law be utilized for debt service purposes and a specific
13 pledge or assignment of and lien on or security interest in any
14 funds or accounts established or provided for by the ordinance
15 of the Authority authorizing the issuance of such bonds or
16 notes. Any such pledge, assignment, lien, or security interest
17 for the benefit of holders of bonds or notes of the Authority
18 shall be valid and binding from the time the bonds or notes are
19 issued without any physical delivery or further act and shall
20 be valid and binding as against and prior to the claims of all
21 other parties having claims of any kind against the Authority
22 or any other person irrespective of whether such other parties
23 have notice of such pledge, assignment, lien, or security
24 interest. The obligations of the Authority incurred pursuant
25 to this Section shall be superior to and have priority over any
26 other obligations of the Authority.
SB2111 Enrolled - 368 - LRB104 09876 LNS 19944 b
1 The Authority may provide in the ordinance authorizing the
2 issuance of any bonds or notes issued pursuant to this Section
3 for the creation of, deposits in, and regulation and
4 disposition of sinking fund or reserve accounts relating to
5 such bonds or notes. The ordinance authorizing the issuance of
6 any bonds or notes pursuant to this Section may contain
7 provisions as part of the contract with the holders of the
8 bonds or notes, for the creation of a separate fund to provide
9 for the payment of principal and interest on such bonds or
10 notes and for the deposit in such fund from any or all the tax
11 receipts of the Authority and from any or all such other moneys
12 or revenues of the Authority from whatever source which may by
13 law be utilized for debt service purposes, all as provided in
14 such ordinance, of amounts to meet the debt service
15 requirements on such bonds or notes, including principal and
16 interest, and any sinking fund or reserve fund account
17 requirements as may be provided by such ordinance, and all
18 expenses incident to or in connection with such fund and
19 accounts or the payment of such bonds or notes. Such ordinance
20 may also provide limitations on the issuance of additional
21 bonds or notes of the Authority. No such bonds or notes of the
22 Authority shall constitute a debt of the State of Illinois.
23 Nothing in this Act shall be construed to enable the Authority
24 to impose any ad valorem tax on property.
25 (d) The ordinance of the Authority authorizing the
26 issuance of any bonds or notes may provide additional security
SB2111 Enrolled - 369 - LRB104 09876 LNS 19944 b
1 for such bonds or notes by providing for appointment of a
2 corporate trustee (which may be any trust company or bank
3 having the powers of a trust company within the state) with
4 respect to such bonds or notes. The ordinance shall prescribe
5 the rights, duties, and powers of the trustee to be exercised
6 for the benefit of the Authority and the protection of the
7 holders of such bonds or notes. The ordinance may provide for
8 the trustee to hold in trust, invest, and use amounts in funds
9 and accounts created as provided by the ordinance with respect
10 to the bonds or notes. The ordinance may provide for the
11 assignment and direct payment to the trustee of any or all
12 amounts produced from the sources provided in Section 4.03 and
13 Section 4.09 of this Act and provided in Section 6z-17 of the
14 State Finance Act. Upon receipt of notice of any such
15 assignment, the Department of Revenue and the Comptroller of
16 the State of Illinois shall thereafter, notwithstanding the
17 provisions of Section 4.03 and Section 4.09 of this Act and
18 Section 6z-17 of the State Finance Act, provide for such
19 assigned amounts to be paid directly to the trustee instead of
20 the Authority, all in accordance with the terms of the
21 ordinance making the assignment. The ordinance shall provide
22 that amounts so paid to the trustee which are not required to
23 be deposited, held or invested in funds and accounts created
24 by the ordinance with respect to bonds or notes or used for
25 paying bonds or notes to be paid by the trustee to the
26 Authority.
SB2111 Enrolled - 370 - LRB104 09876 LNS 19944 b
1 (e) Any bonds or notes of the Authority issued pursuant to
2 this Section shall constitute a contract between the Authority
3 and the holders from time to time of such bonds or notes. In
4 issuing any bond or note, the Authority may include in the
5 ordinance authorizing such issue a covenant as part of the
6 contract with the holders of the bonds or notes, that as long
7 as such obligations are outstanding, it shall make such
8 deposits, as provided in paragraph (c) of this Section. It may
9 also so covenant that it shall impose and continue to impose
10 taxes, as provided in Section 4.03 of this Act and in addition
11 thereto as subsequently authorized by law, sufficient to make
12 such deposits and pay the principal and interest and to meet
13 other debt service requirements of such bonds or notes as they
14 become due. A certified copy of the ordinance authorizing the
15 issuance of any such obligations shall be filed at or prior to
16 the issuance of such obligations with the Comptroller of the
17 State of Illinois and the Illinois Department of Revenue.
18 (f) The State of Illinois pledges to and agrees with the
19 holders of the bonds and notes of the Authority issued
20 pursuant to this Section that the State will not limit or alter
21 the rights and powers vested in the Authority by this Act so as
22 to impair the terms of any contract made by the Authority with
23 such holders or in any way impair the rights and remedies of
24 such holders until such bonds and notes, together with
25 interest thereon, with interest on any unpaid installments of
26 interest, and all costs and expenses in connection with any
SB2111 Enrolled - 371 - LRB104 09876 LNS 19944 b
1 action or proceedings by or on behalf of such holders, are
2 fully met and discharged. In addition, the State pledges to
3 and agrees with the holders of the bonds and notes of the
4 Authority issued pursuant to this Section that the State will
5 not limit or alter the basis on which State funds are to be
6 paid to the Authority as provided in this Act, or the use of
7 such funds, so as to impair the terms of any such contract. The
8 Authority is authorized to include these pledges and
9 agreements of the State in any contract with the holders of
10 bonds or notes issued pursuant to this Section.
11 (g) (Blank). (1) Except as provided in subdivisions (g)(2)
12 and (g)(3) of Section 4.04 of this Act, the Authority shall not
13 at any time issue, sell or deliver any bonds or notes (other
14 than Working Cash Notes and lines of credit) pursuant to this
15 Section 4.04 which will cause it to have issued and
16 outstanding at any time in excess of $800,000,000 of such
17 bonds and notes (other than Working Cash Notes and lines of
18 credit). The Authority shall not issue, sell, or deliver any
19 Working Cash Notes or establish a line of credit pursuant to
20 this Section that will cause it to have issued and outstanding
21 at any time in excess of $100,000,000. However, the Authority
22 may issue, sell, and deliver additional Working Cash Notes or
23 establish a line of credit before July 1, 2022 that are over
24 and above and in addition to the $100,000,000 authorization
25 such that the outstanding amount of these additional Working
26 Cash Notes and lines of credit does not exceed at any time
SB2111 Enrolled - 372 - LRB104 09876 LNS 19944 b
1 $300,000,000. Bonds or notes which are being paid or retired
2 by such issuance, sale or delivery of bonds or notes, and bonds
3 or notes for which sufficient funds have been deposited with
4 the paying agency of such bonds or notes to provide for payment
5 of principal and interest thereon or to provide for the
6 redemption thereof, all pursuant to the ordinance authorizing
7 the issuance of such bonds or notes, shall not be considered to
8 be outstanding for the purposes of this subsection.
9 (2) In addition to the authority provided by paragraphs
10 (1) and (3), the Authority is authorized to issue, sell, and
11 deliver bonds or notes for Strategic Capital Improvement
12 Projects approved pursuant to Section 4.13 as follows:
13 $100,000,000 is authorized to be issued on or after
14 January 1, 1990;
15 an additional $100,000,000 is authorized to be issued
16 on or after January 1, 1991;
17 an additional $100,000,000 is authorized to be issued
18 on or after January 1, 1992;
19 an additional $100,000,000 is authorized to be issued
20 on or after January 1, 1993;
21 an additional $100,000,000 is authorized to be issued
22 on or after January 1, 1994; and
23 the aggregate total authorization of bonds and notes
24 for Strategic Capital Improvement Projects as of January
25 1, 1994, shall be $500,000,000.
26 The Authority is also authorized to issue, sell, and
SB2111 Enrolled - 373 - LRB104 09876 LNS 19944 b
1 deliver bonds or notes in such amounts as are necessary to
2 provide for the refunding or advance refunding of bonds or
3 notes issued for Strategic Capital Improvement Projects under
4 this subdivision (g)(2), provided that no such refunding bond
5 or note shall mature later than the final maturity date of the
6 series of bonds or notes being refunded, and provided further
7 that the debt service requirements for such refunding bonds or
8 notes in the current or any future fiscal year shall not exceed
9 the debt service requirements for that year on the refunded
10 bonds or notes.
11 (3) In addition to the authority provided by paragraphs
12 (1) and (2), the Authority is authorized to issue, sell, and
13 deliver bonds or notes for Strategic Capital Improvement
14 Projects approved pursuant to Section 4.13 as follows:
15 $260,000,000 is authorized to be issued on or after
16 January 1, 2000;
17 an additional $260,000,000 is authorized to be issued
18 on or after January 1, 2001;
19 an additional $260,000,000 is authorized to be issued
20 on or after January 1, 2002;
21 an additional $260,000,000 is authorized to be issued
22 on or after January 1, 2003;
23 an additional $260,000,000 is authorized to be issued
24 on or after January 1, 2004; and
25 the aggregate total authorization of bonds and notes
26 for Strategic Capital Improvement Projects pursuant to
SB2111 Enrolled - 374 - LRB104 09876 LNS 19944 b
1 this paragraph (3) as of January 1, 2004 shall be
2 $1,300,000,000.
3 The Authority is also authorized to issue, sell, and
4 deliver bonds or notes in such amounts as are necessary to
5 provide for the refunding or advance refunding of bonds or
6 notes issued for Strategic Capital Improvement projects under
7 this subdivision (g)(3), provided that no such refunding bond
8 or note shall mature later than the final maturity date of the
9 series of bonds or notes being refunded, and provided further
10 that the debt service requirements for such refunding bonds or
11 notes in the current or any future fiscal year shall not exceed
12 the debt service requirements for that year on the refunded
13 bonds or notes.
14 (h) The Authority, subject to the terms of any agreements
15 with noteholders or bond holders as may then exist, shall have
16 power, out of any funds available therefor, to purchase notes
17 or bonds of the Authority, which shall thereupon be cancelled.
18 (i) In addition to any other authority granted by law, the
19 State Treasurer may, with the approval of the Governor, invest
20 or reinvest, at a price not to exceed par, any State money in
21 the State treasury Treasury which is not needed for current
22 expenditures due or about to become due in Working Cash Notes.
23 In the event of a default on a Working Cash Note issued by the
24 Regional Transportation Authority in which State money in the
25 State treasury was invested, the Treasurer may, after giving
26 notice to the Authority, certify to the Comptroller the
SB2111 Enrolled - 375 - LRB104 09876 LNS 19944 b
1 amounts of the defaulted Working Cash Note, in accordance with
2 any applicable rules of the Comptroller, and the Comptroller
3 must deduct and remit to the State treasury the certified
4 amounts or a portion of those amounts from the following
5 proportions of payments of State funds to the Authority:
6 (1) in the first year after default, one-third of the
7 total amount of any payments of State funds to the
8 Authority;
9 (2) in the second year after default, two-thirds of
10 the total amount of any payments of State funds to the
11 Authority; and
12 (3) in the third year after default and for each year
13 thereafter until the total invested amount is repaid, the
14 total amount of any payments of State funds to the
15 Authority.
16 (j) The Authority may establish a line of credit with a
17 bank or other financial institution as may be evidenced by the
18 issuance of notes or other obligations, secured by and payable
19 from all tax receipts of the Authority and any or all other
20 revenues or moneys of the Authority, in an amount not to exceed
21 the limitations set forth in paragraph (1) of subsection (g).
22 Money borrowed under this subsection (j) shall be used to
23 provide money for the Authority or the Service Boards to cover
24 any cash flow deficit that the Authority or a Service Board
25 anticipates incurring and shall be repaid within 24 months.
26 Before establishing a line of credit under this subsection
SB2111 Enrolled - 376 - LRB104 09876 LNS 19944 b
1 (j), the Authority shall authorize the line of credit by
2 ordinance. The ordinance shall set forth facts demonstrating
3 the need for the line of credit, state the amount to be
4 borrowed, establish a maximum interest rate limit not to
5 exceed the maximum rate authorized by the Bond Authorization
6 Act, and provide a date by which the borrowed funds shall be
7 repaid. The ordinance shall authorize and direct the relevant
8 officials to make arrangements to set apart and hold, as
9 applicable, the moneys that will be used to repay the
10 borrowing. In addition, the ordinance may authorize the
11 relevant officials to make partial repayments on the line of
12 credit as the moneys become available and may contain any
13 other terms, restrictions, or limitations desirable or
14 necessary to give effect to this subsection (j).
15 The Authority shall notify the Governor's Office of
16 Management and Budget and the State Comptroller at least 30
17 days before establishing a line of credit and shall file with
18 the Governor's Office of Management and Budget and the State
19 Comptroller a certified copy of any ordinance authorizing the
20 establishment of a line of credit upon or before establishing
21 the line of credit.
22 Moneys borrowed under a line of credit pursuant to this
23 subsection (j) are general obligations of the Authority that
24 are secured by the full faith and credit of the Authority.
25 (Source: P.A. 101-485, eff. 8-23-19; 102-558, eff. 8-20-21.)
SB2111 Enrolled - 377 - LRB104 09876 LNS 19944 b
1 (70 ILCS 3615/4.06) (from Ch. 111 2/3, par. 704.06)
2 Sec. 4.06. Public bidding.
3 (a) The Board shall adopt regulations to ensure that the
4 acquisition by the Authority or a Service Board other than the
5 Chicago Transit Authority of services or public transportation
6 facilities (other than real estate) involving a cost of more
7 than the small purchase threshold set by the Federal Transit
8 Administration and the disposition of all property of the
9 Authority or a Service Board other than the Chicago Transit
10 Authority shall be after public notice and with public
11 bidding. The Board shall adopt regulations to ensure that the
12 construction, demolition, rehabilitation, renovation, and
13 building maintenance projects by the Authority or a Service
14 Board other than the Chicago Transit Authority for services or
15 public transportation facilities involving a cost of more than
16 $40,000 shall be after public notice and with public bidding.
17 Such regulations may provide for exceptions to such
18 requirements for acquisition of repair parts, accessories,
19 equipment or services previously furnished or contracted for;
20 for the immediate delivery of supplies, material or equipment
21 or performance of service when it is determined by the
22 concurrence of two-thirds of the then Directors that an
23 emergency requires immediate delivery or supply thereof; for
24 goods or services that are economically procurable from only
25 one source; for contracts for the maintenance or servicing of
26 equipment which are made with the manufacturers or authorized
SB2111 Enrolled - 378 - LRB104 09876 LNS 19944 b
1 service agent of that equipment where the maintenance or
2 servicing can best be performed by the manufacturer or
3 authorized service agent or such a contract would be otherwise
4 advantageous to the Authority or a Service Board, other than
5 the Chicago Transit Authority, except that the exceptions in
6 this clause shall not apply to contracts for plumbing,
7 heating, piping, refrigeration and automatic temperature
8 control systems, ventilating and distribution systems for
9 conditioned air, and electrical wiring; for goods or services
10 procured from another governmental agency; for purchases and
11 contracts for the use or purchase of data processing equipment
12 and data processing systems software; for the acquisition of
13 professional or utility services; and for the acquisition of
14 public transportation equipment including, but not limited to,
15 rolling stock, locomotives and buses, provided that: (i) it is
16 determined by a vote of 2/3 of the then Directors of the
17 Service Board making the acquisition that a negotiated
18 acquisition offers opportunities with respect to the cost or
19 financing of the equipment, its delivery, or the performance
20 of a portion of the work within the State or the use of goods
21 produced or services provided within the State; (ii) a notice
22 of intention to negotiate for the acquisition of such public
23 transportation equipment is published in a newspaper of
24 general circulation within the City of Chicago inviting
25 proposals from qualified vendors; and (iii) any contract with
26 respect to such acquisition is authorized by a vote of 2/3 of
SB2111 Enrolled - 379 - LRB104 09876 LNS 19944 b
1 the then Directors of the Service Board making the
2 acquisition. The requirements set forth in this Section shall
3 not apply to purchase of service agreements or other
4 contracts, purchases or sales entered into by the Authority
5 with any Transportation Agency transportation agency or unit
6 of local government.
7 (b) (1) In connection with two-phase design/build
8 selection procedures authorized in this Section, a Service
9 Board may authorize, by the affirmative vote of two-thirds of
10 the then members of the Service Board, the use of competitive
11 selection and the prequalification of responsible bidders
12 consistent with applicable federal regulations and this
13 subsection (b).
14 (2) Two-phase design/build selection procedures shall
15 consist of the following:
16 (i) A Service Board shall develop, through
17 licensed architects or licensed engineers, a scope of
18 work statement for inclusion in the solicitation for
19 phase-one proposals that defines the project and
20 provides prospective offerors with sufficient
21 information regarding the Service Board's
22 requirements. The statement shall include criteria and
23 preliminary design, and general budget parameters and
24 general schedule or delivery requirements to enable
25 the offerors to submit proposals which meet the
26 Service Board's needs. When the two-phase design/build
SB2111 Enrolled - 380 - LRB104 09876 LNS 19944 b
1 selection procedure is used and the Service Board
2 contracts for development of the scope of work
3 statement, the Service Board shall contract for
4 architectural or engineering services as defined by
5 and in accordance with the Architectural, Engineering,
6 and Land Surveying Qualifications Based Selection Act
7 and all applicable licensing statutes.
8 (ii) The evaluation factors to be used in
9 evaluating phase-one proposals must be stated in the
10 solicitation and must include specialized experience
11 and technical competence, capability to perform, past
12 performance of the offeror's team (including the
13 architect-engineer and construction members of the
14 team) and other appropriate technical and
15 qualifications factors. Each solicitation must
16 establish the relative importance assigned to the
17 evaluation factors and the subfactors that must be
18 considered in the evaluation of phase-one proposals on
19 the basis of the evaluation factors set forth in the
20 solicitation. Each design/build team must include a
21 licensed design professional independent from the
22 Service Board's licensed architect or engineer and a
23 licensed design professional must be named in the
24 phase-one proposals submitted to the Service Board.
25 (iii) On the basis of the phase-one proposal the
26 Service Board shall select as the most highly
SB2111 Enrolled - 381 - LRB104 09876 LNS 19944 b
1 qualified the number of offerors specified in the
2 solicitation and request the selected offerors to
3 submit phase-two competitive proposals and cost or
4 price information. Each solicitation must establish
5 the relative importance assigned to the evaluation
6 factors and the subfactors that must be considered in
7 the evaluation of phase-two proposals on the basis of
8 the evaluation factors set forth in the solicitation.
9 A Service Board may negotiate with the selected
10 design/build team after award but prior to contract
11 execution for the purpose of securing better terms
12 than originally proposed, provided the salient
13 features of the design/build solicitation are not
14 diminished. Each phase-two solicitation evaluates
15 separately (A) the technical submission for the
16 proposal, including design concepts or proposed
17 solutions to requirements addressed within the scope
18 of work, and (B) the evaluation factors and
19 subfactors, including cost or price, that must be
20 considered in the evaluations of proposals.
21 (iv) A design/build solicitation issued under the
22 procedures in this subsection (b) shall state the
23 maximum number of offerors that are to be selected to
24 submit competitive phase-two proposals. The maximum
25 number specified in the solicitation shall not exceed
26 5 unless the Service Board with respect to an
SB2111 Enrolled - 382 - LRB104 09876 LNS 19944 b
1 individual solicitation determines that a specified
2 number greater than 5 is in the best interest of the
3 Service Board and is consistent with the purposes and
4 objectives of the two-phase design/build selection
5 process.
6 (v) All designs submitted as part of the two-phase
7 selection process and not selected shall be
8 proprietary to the preparers.
9 (c) The Regional Transportation Authority and the Service
10 Boards may donate rolling stock, including locomotives and
11 equipment, to museums in this State that are not-for-profit
12 corporations under Section 501(c)(3) of the Internal Revenue
13 Code of 1986.
14 (d) The Authority may engage in joint purchases under
15 subsection (a) of Section 2 of the Governmental Joint
16 Purchasing Act. The Authority may enter into master contracts
17 for commonly procured items, including vehicles, equipment,
18 supplies, and business services, that are used by the
19 Authority or one or more of the Service Boards, in compliance
20 with the terms of the Governmental Joint Purchasing Act.
21 (Source: P.A. 103-654, eff. 1-1-25.)
22 (70 ILCS 3615/4.06.05 new)
23 Sec. 4.06.05. Bidding restrictions.
24 (a) As used in this Section:
25 "Covered transportation entity" includes the Authority and
SB2111 Enrolled - 383 - LRB104 09876 LNS 19944 b
1 all subsidiaries and affiliates of the Authority.
2 "Covered transportation contract" means a contract for the
3 acquisition of public transportation rolling stock,
4 locomotives, buses, paratransit vehicles, and any vehicle
5 components incorporated into the end product of rolling stock
6 with a base-buy value $10,000,000 or more.
7 "Illinois Jobs Plan" means a document submitted by an
8 applicant for a covered transportation contract or a
9 contractor or participating subcontractor on working on a
10 covered transportation contract that requires the applicant,
11 contractor, or subcontractor to include in the applicant's
12 application:
13 (1) the minimum number of full-time equivalent jobs
14 that shall be retained and created if the applicant is
15 awarded the contract;
16 (2) the minimum wage and benefit amounts, by job
17 classification, for nonsupervisory workers on the
18 contract;
19 (3) the minimum number of jobs that shall be
20 specifically retained and created for disadvantaged
21 workers, as defined by Section 15-10 of the Community
22 Energy, Climate, and Jobs Planning Act, if the applicant
23 is awarded the contract; and
24 (4) a detailed description and proposed amounts of
25 training, by job classification.
26 (b) Notwithstanding any law requiring a government entity
SB2111 Enrolled - 384 - LRB104 09876 LNS 19944 b
1 to award contracts to the lowest responsible bidder, beginning
2 January 1, 2027, covered transportation entities shall:
3 (1) award all covered transportation contracts using a
4 competitive best-value procurement process; and
5 (2) require bidders to submit an Illinois Jobs Plan
6 for the bidder and any entity participating as part of the
7 bidder's solicitation responses.
8 (c) The Authority shall develop procedures, evaluation and
9 scoring criteria, and all forms and guidance necessary for
10 covered transportation entities to implement this Section.
11 Solicitation documents shall disclose the minimum
12 qualification requirements and specify the criteria that shall
13 be assigned a weighted value. The evaluation process shall use
14 a scoring method based on the factors provided in this
15 Section, including the Illinois Jobs Plan, and the contract
16 price. The Illinois Jobs Plan shall be scored as part of the
17 overall proposal and incorporated as material terms of the
18 final contract.
19 (d) Contractors and participating subcontractors working
20 on covered transportation contracts shall be required to
21 submit annual Illinois Jobs Plan reports to the Authority and
22 covered transportation entities demonstrating compliance with
23 the contractor's or participating subcontractor's Illinois
24 Jobs Plan commitments. The Authority shall make the Illinois
25 Jobs Plan and annual compliance reports available to the
26 public. The Illinois Jobs Plan and annual compliance reports
SB2111 Enrolled - 385 - LRB104 09876 LNS 19944 b
1 shall not be considered a trade secret under subsection (g) of
2 Section 7 of the Freedom of Information Act or confidential,
3 privileged, or otherwise exempt from disclosure under the
4 Freedom of Information Act.
5 (e) This Section shall not apply to a contract awarded
6 based on a solicitation issued before January 1, 2027.
7 (f) The provisions of this Section shall be severable, and
8 if the application of any clause, sentence, paragraph, or part
9 of this Section to any person or circumstance shall be
10 adjudged by any court of competent jurisdiction to be invalid,
11 then the judgment shall not necessarily affect, impair, or
12 invalidate the application of any clause, sentence, paragraph,
13 or part of this Section or remainder thereof, as the case may
14 be, to any other person or circumstance, but shall be confined
15 in its operation to the clause, sentence, paragraph, or part
16 thereof directly involved in the controversy in which the
17 judgment shall have been rendered.
18 (70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09)
19 Sec. 4.09. Public Transportation Fund and the Northern
20 Illinois Transit Authority Occupation and Use Tax Replacement
21 Fund Regional Transportation Authority Occupation and Use Tax
22 Replacement Fund.
23 (a)(1) Except as otherwise provided in paragraph (4), as
24 soon as possible after the first day of each month, beginning
25 July 1, 1984, upon certification of the Department of Revenue,
SB2111 Enrolled - 386 - LRB104 09876 LNS 19944 b
1 the Comptroller shall order transferred and the Treasurer
2 shall transfer from the General Revenue Fund to a special fund
3 in the State treasury Treasury to be known as the Public
4 Transportation Fund an amount equal to 25% of the net revenue,
5 before the deduction of the serviceman and retailer discounts
6 pursuant to Section 9 of the Service Occupation Tax Act and
7 Section 3 of the Retailers' Occupation Tax Act, realized from
8 any tax imposed by the Authority pursuant to Sections 4.03 and
9 4.03.1 and 25% of the amounts deposited into the Northern
10 Illinois Transit Regional Transportation Authority tax fund
11 created by Section 4.03 of this Act, from the County and Mass
12 Transit District Fund as provided in Section 6z-20 of the
13 State Finance Act and 25% of the amounts deposited into the
14 Northern Illinois Transit Regional Transportation Authority
15 Occupation and Use Tax Replacement Fund from the State and
16 Local Sales Tax Reform Fund as provided in Section 6z-17 of the
17 State Finance Act.
18 On the first day of the month following the date that the
19 Department receives revenues from increased taxes under
20 Section 4.03(m) as authorized by Public Act 95-708 and until
21 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, in lieu of the transfers authorized in
25 the preceding sentence, upon certification of the Department
26 of Revenue, the Comptroller shall order transferred and the
SB2111 Enrolled - 387 - LRB104 09876 LNS 19944 b
1 Treasurer shall transfer from the General Revenue Fund to the
2 Public Transportation Fund an amount equal to 25% 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 (i) 80% of the proceeds of any tax imposed by the
7 Authority at a rate of 1.25% in Cook County, (ii) 75% of the
8 proceeds of any tax imposed by the Authority at the rate of 1%
9 in Cook County, and (iii) one-third of the proceeds of any tax
10 imposed by the Authority at the rate of 0.75% in the Counties
11 of DuPage, Kane, Lake, McHenry, and Will, all pursuant to
12 Section 4.03, and 25% of the net revenue realized from any tax
13 imposed by the Authority pursuant to Section 4.03.1, and 25%
14 of the amounts deposited into the Regional Transportation
15 Authority tax fund created by Section 4.03 of this Act from the
16 County and Mass Transit District Fund as provided in Section
17 6z-20 of the State Finance Act, and 25% of the amounts
18 deposited into the Regional Transportation Authority
19 Occupation and Use Tax Replacement Fund from the State and
20 Local Sales Tax Reform Fund as provided in Section 6z-17 of the
21 State Finance Act.
22 On the first day of the month following the date that the
23 Department receives revenues from increased taxes under
24 Section 4.03(m) as authorized by this amendatory Act of the
25 104th General Assembly, in lieu of the transfers authorized in
26 the preceding sentences, upon certification of the Department
SB2111 Enrolled - 388 - LRB104 09876 LNS 19944 b
1 of Revenue, the Comptroller shall order transferred and the
2 Treasurer shall transfer from the General Revenue Fund to the
3 Public Transportation Fund an amount equal to 25% of the net
4 revenue, before the deduction of the serviceman and retailer
5 discounts pursuant to Section 9 of the Service Occupation Tax
6 Act and Section 3 of the Retailers' Occupation Tax Act,
7 realized from (i) two-thirds of the proceeds of any tax
8 imposed by the Authority at a rate of 1.5% in Cook County, (ii)
9 60% of the proceeds of any tax imposed by the Authority at the
10 rate of 1.25% in Cook County, and (iii) 25% of the proceeds of
11 any tax imposed by the Authority at the rate of 1% in the
12 Counties of DuPage, Kane, Lake, McHenry, and Will, all
13 pursuant to Section 4.03, and 25% of the net revenue realized
14 from any tax imposed by the Authority pursuant to Section
15 4.03.1, and 25% of the amounts deposited into the Northern
16 Illinois Transit Authority tax fund created by Section 4.03 of
17 this Act from the County and Mass Transit District Fund as
18 provided in Section 6z-20 of the State Finance Act, and 25% of
19 the amounts deposited into the Northern Illinois Transit
20 Authority Occupation and Use Tax Replacement Fund from the
21 State and Local Sales Tax Reform Fund as provided in Section
22 6z-17 of the State Finance Act.
23 As used in this Section, net revenue realized for a month
24 shall be the revenue collected by the State pursuant to
25 Sections 4.03 and 4.03.1 during the previous month from within
26 the metropolitan region, less the amount paid out during that
SB2111 Enrolled - 389 - LRB104 09876 LNS 19944 b
1 same month as refunds to taxpayers for overpayment of
2 liability in the metropolitan region under Sections 4.03 and
3 4.03.1.
4 Notwithstanding any provision of law to the contrary,
5 beginning on July 6, 2017 (the effective date of Public Act
6 100-23), those amounts required under this paragraph (1) of
7 subsection (a) to be transferred by the Treasurer into the
8 Public Transportation Fund from the General Revenue Fund shall
9 be directly deposited into the Public Transportation Fund as
10 the revenues are realized from the taxes indicated.
11 (2) Except as otherwise provided in paragraph (4), on
12 February 1, 2009 (the first day of the month following the
13 effective date of Public Act 95-708) and each month
14 thereafter, upon certification by the Department of Revenue,
15 the Comptroller shall order transferred and the Treasurer
16 shall transfer from the General Revenue Fund to the Public
17 Transportation Fund an amount equal to 5% of the net revenue,
18 before the deduction of the serviceman and retailer discounts
19 pursuant to Section 9 of the Service Occupation Tax Act and
20 Section 3 of the Retailers' Occupation Tax Act, realized from
21 any tax imposed by the Authority pursuant to Sections 4.03 and
22 4.03.1 and certified by the Department of Revenue under
23 Section 4.03(n) of this Act to be paid to the Authority and 5%
24 of the amounts deposited into the Northern Illinois Transit
25 Regional Transportation Authority tax fund created by Section
26 4.03 of this Act from the County and Mass Transit District Fund
SB2111 Enrolled - 390 - LRB104 09876 LNS 19944 b
1 as provided in Section 6z-20 of the State Finance Act, and 5%
2 of the amounts deposited into the Northern Illinois Transit
3 Regional Transportation Authority Occupation and Use Tax
4 Replacement Fund from the State and Local Sales Tax Reform
5 Fund as provided in Section 6z-17 of the State Finance Act, and
6 5% of the revenue realized by the Chicago Transit Authority as
7 financial assistance from the City of Chicago from the
8 proceeds of any tax imposed by the City of Chicago under
9 Section 8-3-19 of the Illinois Municipal Code.
10 Notwithstanding any provision of law to the contrary,
11 beginning on July 6, 2017 (the effective date of Public Act
12 100-23), those amounts required under this paragraph (2) of
13 subsection (a) to be transferred by the Treasurer into the
14 Public Transportation Fund from the General Revenue Fund shall
15 be directly deposited into the Public Transportation Fund as
16 the revenues are realized from the taxes indicated.
17 (3) Except as otherwise provided in paragraph (4), as soon
18 as possible after the first day of January, 2009 and each month
19 thereafter and until the first day of the month following the
20 date that the Department receives revenues from increased
21 taxes under Section 4.03(m) as authorized by this amendatory
22 Act of the 104th General Assembly, upon certification of the
23 Department of Revenue with respect to the taxes collected
24 under Section 4.03, the Comptroller shall order transferred
25 and the Treasurer shall transfer from the General Revenue Fund
26 to the Public Transportation Fund an amount equal to 25% of the
SB2111 Enrolled - 391 - LRB104 09876 LNS 19944 b
1 net revenue, before the deduction of the serviceman and
2 retailer discounts pursuant to Section 9 of the Service
3 Occupation Tax Act and Section 3 of the Retailers' Occupation
4 Tax Act, realized from (i) 20% of the proceeds of any tax
5 imposed by the Authority at a rate of 1.25% in Cook County,
6 (ii) 25% of the proceeds of any tax imposed by the Authority at
7 the rate of 1% in Cook County, and (iii) one-third of the
8 proceeds of any tax imposed by the Authority at the rate of
9 0.75% in the Counties of DuPage, Kane, Lake, McHenry, and
10 Will, all pursuant to Section 4.03, and the Comptroller shall
11 order transferred and the Treasurer shall transfer from the
12 General Revenue Fund to the Public Transportation Fund (iv) an
13 amount equal to 25% of the revenue realized by the Chicago
14 Transit Authority as financial assistance from the City of
15 Chicago from the proceeds of any tax imposed by the City of
16 Chicago under Section 8-3-19 of the Illinois Municipal Code.
17 On the first day of the month following the date that the
18 Department receives revenues from increased taxes under
19 Section 4.03(m) as authorized by this amendatory Act of the
20 104th General Assembly, upon certification of the Department
21 of Revenue with respect to the taxes collected under Section
22 4.03, the Comptroller shall order transferred and the
23 Treasurer shall transfer from the General Revenue Fund to the
24 Public Transportation Fund an amount equal to 25% of the net
25 revenue, before the deduction of the serviceman and retailer
26 discounts pursuant to Section 9 of the Service Occupation Tax
SB2111 Enrolled - 392 - LRB104 09876 LNS 19944 b
1 Act and Section 3 of the Retailers' Occupation Tax Act,
2 realized from (i) one-sixth of the proceeds of any tax imposed
3 by the Authority at a rate of 1.5% in Cook County, (ii) 20% of
4 the proceeds of any tax imposed by the Authority at the rate of
5 1.25% in Cook County, and (iii) 25% of the proceeds of any tax
6 imposed by the Authority at the rate of 1% in the Counties of
7 DuPage, Kane, Lake, McHenry, and Will, all pursuant to Section
8 4.03, and the Comptroller shall order transferred and the
9 Treasurer shall transfer from the General Revenue Fund to the
10 Public Transportation Fund (iv) an amount equal to 25% of the
11 revenue realized by the Chicago Transit Authority as financial
12 assistance from the City of Chicago from the proceeds of any
13 tax imposed by the City of Chicago under Section 8-3-19 of the
14 Illinois Municipal Code.
15 Notwithstanding any provision of law to the contrary,
16 beginning on July 6, 2017 (the effective date of Public Act
17 100-23), those amounts required under this paragraph (3) of
18 subsection (a) to be transferred by the Treasurer into the
19 Public Transportation Fund from the General Revenue Fund shall
20 be directly deposited into the Public Transportation Fund as
21 the revenues are realized from the taxes indicated.
22 (4) Notwithstanding any provision of law to the contrary,
23 for the State fiscal year beginning July 1, 2024 and each State
24 fiscal year thereafter, the first $150,000,000 that would have
25 otherwise been transferred from the General Revenue Fund and
26 deposited into the Public Transportation Fund as provided in
SB2111 Enrolled - 393 - LRB104 09876 LNS 19944 b
1 paragraphs (1), (2), and (3) of this subsection (a) shall
2 instead be transferred from the Road Fund by the Treasurer
3 upon certification by the Department of Revenue and order of
4 the Comptroller. For the State fiscal year beginning July 1,
5 2024, only, the next $75,000,000 that would have otherwise
6 been transferred from the General Revenue Fund and deposited
7 into the Public Transportation Fund as provided in paragraphs
8 (1), (2), and (3) of this subsection (a) shall instead be
9 transferred from the Road Fund and deposited into the Public
10 Transportation Fund by the Treasurer upon certification by the
11 Department of Revenue and order of the Comptroller. The funds
12 authorized and transferred pursuant to this amendatory Act of
13 the 103rd General Assembly are not intended or planned for
14 road construction projects. For the State fiscal year
15 beginning July 1, 2024, only, the next $50,000,000 that would
16 have otherwise been transferred from the General Revenue Fund
17 and deposited into the Public Transportation Fund as provided
18 in paragraphs (1), (2), and (3) of this subsection (a) shall
19 instead be transferred from the Underground Storage Tank Fund
20 and deposited into the Public Transportation Fund by the
21 Treasurer upon certification by the Department of Revenue and
22 order of the Comptroller. The remaining balance shall be
23 deposited each State fiscal year as otherwise provided in
24 paragraphs (1), (2), and (3) of this subsection (a).
25 (5) (Blank).
26 (6) (Blank).
SB2111 Enrolled - 394 - LRB104 09876 LNS 19944 b
1 (7) For State fiscal year 2020 only, notwithstanding any
2 provision of law to the contrary, the total amount of revenue
3 and deposits under this Section attributable to revenues
4 realized during State fiscal year 2020 shall be reduced by 5%.
5 (8) For State fiscal year 2021 only, notwithstanding any
6 provision of law to the contrary, the total amount of revenue
7 and deposits under this Section attributable to revenues
8 realized during State fiscal year 2021 shall be reduced by 5%.
9 (b)(1) All moneys deposited in the Public Transportation
10 Fund and the Northern Illinois Transit Regional Transportation
11 Authority Occupation and Use Tax Replacement Fund, whether
12 deposited pursuant to this Section or otherwise, are allocated
13 to the Authority, except for amounts appropriated to the
14 Office of the Executive Inspector General as authorized by
15 subsection (h) of Section 4.03.3 and amounts transferred to
16 the Audit Expense Fund pursuant to Section 6z-27 of the State
17 Finance Act. The Comptroller, as soon as possible after each
18 monthly transfer provided in this Section and after each
19 deposit into the Public Transportation Fund, shall order the
20 Treasurer to pay to the Authority out of the Public
21 Transportation Fund the amount so transferred or deposited.
22 Any Additional State Assistance and Additional Financial
23 Assistance paid to the Authority under this Section shall be
24 expended by the Authority for its purposes as provided in this
25 Act. The balance of the amounts paid to the Authority from the
26 Public Transportation Fund shall be expended by the Authority
SB2111 Enrolled - 395 - LRB104 09876 LNS 19944 b
1 as provided in Section 4.03.3. The Comptroller, as soon as
2 possible after each deposit into the Northern Illinois Transit
3 Regional Transportation Authority Occupation and Use Tax
4 Replacement Fund provided in this Section, in and Section
5 6z-17 of the State Finance Act, shall order the Treasurer to
6 pay to the Authority out of the Northern Illinois Transit
7 Regional Transportation Authority Occupation and Use Tax
8 Replacement Fund the amount so deposited. Such amounts paid to
9 the Authority may be expended by it for its purposes as
10 provided in this Act. The provisions directing the
11 distributions from the Public Transportation Fund and the
12 Northern Illinois Transit Regional Transportation Authority
13 Occupation and Use Tax Replacement Fund provided for in this
14 Section shall constitute an irrevocable and continuing
15 appropriation of all amounts as provided herein. The State
16 Treasurer and State Comptroller are hereby authorized and
17 directed to make distributions as provided in this Section.
18 (2) Provided, however, no moneys deposited under
19 subsection (a) of this Section shall be paid from the Public
20 Transportation Fund to the Authority or its assignee for any
21 fiscal year until the Authority has certified to the Governor,
22 the Comptroller, and the Mayor of the City of Chicago that it
23 has adopted for that fiscal year an Annual Budget and 2-Year
24 Two-Year Financial Plan meeting the requirements in Section
25 4.01(b).
26 (3) For the purposes of this Section, beginning in Fiscal
SB2111 Enrolled - 396 - LRB104 09876 LNS 19944 b
1 Year 2027, the General Assembly shall appropriate an amount
2 from the Public Transportation Fund equal to the sum total of
3 funds projected to be paid to the participants under Section 9
4 of the Use Tax Act, Section 9 of the Service Use Tax Act,
5 Section 9 of the Service Occupation Tax Act, and Section 3 of
6 the Retailers' Occupation Tax Act. If the General Assembly
7 fails to make appropriations sufficient to cover the amounts
8 projected to be paid under Section 9 of the Use Tax Act,
9 Section 9 of the Service Use Tax Act, Section 9 of the Service
10 Occupation Tax Act and Section 3 of the Retailers' Occupation
11 Tax Act, then this Act shall constitute an irrevocable and
12 continuing appropriation from the Public Transportation Fund
13 of all amounts necessary for those purposes.
14 (c) In recognition of the efforts of the Authority to
15 enhance the mass transportation facilities under its control,
16 the State shall provide financial assistance ("Additional
17 State Assistance") in excess of the amounts transferred to the
18 Authority from the General Revenue Fund under subsection (a)
19 of this Section. Additional State Assistance shall be
20 calculated as provided in subsection (d), but shall in no
21 event exceed the following specified amounts with respect to
22 the following State fiscal years:
23 1990 $5,000,000;
24 1991 $5,000,000;
25 1992 $10,000,000;
26 1993 $10,000,000;
SB2111 Enrolled - 397 - LRB104 09876 LNS 19944 b
1 1994 $20,000,000;
2 1995 $30,000,000;
3 1996 $40,000,000;
4 1997 $50,000,000;
5 1998 $55,000,000; and
6 each year thereafter $55,000,000.
7 (c-5) The State shall provide financial assistance
8 ("Additional Financial Assistance") in addition to the
9 Additional State Assistance provided by subsection (c) and the
10 amounts transferred to the Authority from the General Revenue
11 Fund under subsection (a) of this Section. Additional
12 Financial Assistance provided by this subsection shall be
13 calculated as provided in subsection (d), but shall in no
14 event exceed the following specified amounts with respect to
15 the following State fiscal years:
16 2000 $0;
17 2001 $16,000,000;
18 2002 $35,000,000;
19 2003 $54,000,000;
20 2004 $73,000,000;
21 2005 $93,000,000; and
22 each year thereafter $100,000,000.
23 (d) Beginning with State fiscal year 1990 and continuing
24 for each State fiscal year thereafter, the Authority shall
25 annually certify to the State Comptroller and State Treasurer,
26 separately with respect to each of subdivisions (g)(2) and
SB2111 Enrolled - 398 - LRB104 09876 LNS 19944 b
1 (g)(3) of Section 4.04 of this Act, the following amounts:
2 (1) The amount necessary and required, during the
3 State fiscal year with respect to which the certification
4 is made, to pay its obligations for debt service on all
5 outstanding bonds or notes issued by the Authority under
6 subdivisions (g)(2) and (g)(3) of Section 4.04 of this
7 Act.
8 (2) An estimate of the amount necessary and required
9 to pay its obligations for debt service for any bonds or
10 notes which the Authority anticipates it will issue under
11 subdivisions (g)(2) and (g)(3) of Section 4.04 during that
12 State fiscal year.
13 (3) Its debt service savings during the preceding
14 State fiscal year from refunding or advance refunding of
15 bonds or notes issued under subdivisions (g)(2) and (g)(3)
16 of Section 4.04.
17 (4) The amount of interest, if any, earned by the
18 Authority during the previous State fiscal year on the
19 proceeds of bonds or notes issued pursuant to subdivisions
20 (g)(2) and (g)(3) of Section 4.04, other than refunding or
21 advance refunding bonds or notes.
22 The certification shall include a specific schedule of
23 debt service payments, including the date and amount of each
24 payment for all outstanding bonds or notes and an estimated
25 schedule of anticipated debt service for all bonds and notes
26 it intends to issue, if any, during that State fiscal year,
SB2111 Enrolled - 399 - LRB104 09876 LNS 19944 b
1 including the estimated date and estimated amount of each
2 payment.
3 Immediately upon the issuance of bonds for which an
4 estimated schedule of debt service payments was prepared, the
5 Authority shall file an amended certification with respect to
6 item (2) above, to specify the actual schedule of debt service
7 payments, including the date and amount of each payment, for
8 the remainder of the State fiscal year.
9 On the first day of each month of the State fiscal year in
10 which there are bonds outstanding with respect to which the
11 certification is made, the State Comptroller shall order
12 transferred and the State Treasurer shall transfer from the
13 Road Fund to the Public Transportation Fund the Additional
14 State Assistance and Additional Financial Assistance in an
15 amount equal to the aggregate of (i) one-twelfth of the sum of
16 the amounts certified under items (1) and (3) above less the
17 amount certified under item (4) above, plus (ii) the amount
18 required to pay debt service on bonds and notes issued during
19 the fiscal year, if any, divided by the number of months
20 remaining in the fiscal year after the date of issuance, or
21 some smaller portion as may be necessary under subsection (c)
22 or (c-5) of this Section for the relevant State fiscal year,
23 plus (iii) any cumulative deficiencies in transfers for prior
24 months, until an amount equal to the sum of the amounts
25 certified under items (1) and (3) above, plus the actual debt
26 service certified under item (2) above, less the amount
SB2111 Enrolled - 400 - LRB104 09876 LNS 19944 b
1 certified under item (4) above, has been transferred; except
2 that these transfers are subject to the following limits:
3 (A) In no event shall the total transfers in any State
4 fiscal year relating to outstanding bonds and notes issued
5 by the Authority under subdivision (g)(2) of Section 4.04
6 exceed the lesser of the annual maximum amount specified
7 in subsection (c) or the sum of the amounts certified
8 under items (1) and (3) above, plus the actual debt
9 service certified under item (2) above, less the amount
10 certified under item (4) above, with respect to those
11 bonds and notes.
12 (B) In no event shall the total transfers in any State
13 fiscal year relating to outstanding bonds and notes issued
14 by the Authority under subdivision (g)(3) of Section 4.04
15 exceed the lesser of the annual maximum amount specified
16 in subsection (c-5) or the sum of the amounts certified
17 under items (1) and (3) above, plus the actual debt
18 service certified under item (2) above, less the amount
19 certified under item (4) above, with respect to those
20 bonds and notes.
21 The term "outstanding" does not include bonds or notes for
22 which refunding or advance refunding bonds or notes have been
23 issued.
24 (e) Neither Additional State Assistance nor Additional
25 Financial Assistance may be pledged, either directly or
26 indirectly as general revenues of the Authority, as security
SB2111 Enrolled - 401 - LRB104 09876 LNS 19944 b
1 for any bonds issued by the Authority. The Authority may not
2 assign its right to receive Additional State Assistance or
3 Additional Financial Assistance, or direct payment of
4 Additional State Assistance or Additional Financial
5 Assistance, to a trustee or any other entity for the payment of
6 debt service on its bonds.
7 (f) The certification required under subsection (d) with
8 respect to outstanding bonds and notes of the Authority shall
9 be filed as early as practicable before the beginning of the
10 State fiscal year to which it relates. The certification shall
11 be revised as may be necessary to accurately state the debt
12 service requirements of the Authority.
13 (g) (Blank). Within 6 months of the end of each fiscal
14 year, the Authority shall determine:
15 (i) whether the aggregate of all system generated
16 revenues for public transportation in the metropolitan
17 region which is provided by, or under grant or purchase of
18 service contracts with, the Service Boards equals 50% of
19 the aggregate of all costs of providing such public
20 transportation. "System generated revenues" include all
21 the proceeds of fares and charges for services provided,
22 contributions received in connection with public
23 transportation from units of local government other than
24 the Authority, except for contributions received by the
25 Chicago Transit Authority from a real estate transfer tax
26 imposed under subsection (i) of Section 8-3-19 of the
SB2111 Enrolled - 402 - LRB104 09876 LNS 19944 b
1 Illinois Municipal Code, and from the State pursuant to
2 subsection (i) of Section 2705-305 of the Department of
3 Transportation Law, and all other revenues properly
4 included consistent with generally accepted accounting
5 principles but may not include: the proceeds from any
6 borrowing, and, beginning with the 2007 fiscal year, all
7 revenues and receipts, including but not limited to fares
8 and grants received from the federal, State or any unit of
9 local government or other entity, derived from providing
10 ADA paratransit service pursuant to Section 2.30 of the
11 Regional Transportation Authority Act. "Costs" include all
12 items properly included as operating costs consistent with
13 generally accepted accounting principles, including
14 administrative costs, but do not include: depreciation;
15 payment of principal and interest on bonds, notes or other
16 evidences of obligations for borrowed money of the
17 Authority; payments with respect to public transportation
18 facilities made pursuant to subsection (b) of Section
19 2.20; any payments with respect to rate protection
20 contracts, credit enhancements or liquidity agreements
21 made under Section 4.14; any other cost as to which it is
22 reasonably expected that a cash expenditure will not be
23 made; costs for passenger security including grants,
24 contracts, personnel, equipment and administrative
25 expenses, except in the case of the Chicago Transit
26 Authority, in which case the term does not include costs
SB2111 Enrolled - 403 - LRB104 09876 LNS 19944 b
1 spent annually by that entity for protection against crime
2 as required by Section 27a of the Metropolitan Transit
3 Authority Act; the costs of Debt Service paid by the
4 Chicago Transit Authority, as defined in Section 12c of
5 the Metropolitan Transit Authority Act, or bonds or notes
6 issued pursuant to that Section; the payment by the
7 Commuter Rail Division of debt service on bonds issued
8 pursuant to Section 3B.09; expenses incurred by the
9 Suburban Bus Division for the cost of new public
10 transportation services funded from grants pursuant to
11 Section 2.01e of this Act for a period of 2 years from the
12 date of initiation of each such service; costs as exempted
13 by the Board for projects pursuant to Section 2.09 of this
14 Act; or, beginning with the 2007 fiscal year, expenses
15 related to providing ADA paratransit service pursuant to
16 Section 2.30 of the Regional Transportation Authority Act;
17 or in fiscal years 2008 through 2012 inclusive, costs in
18 the amount of $200,000,000 in fiscal year 2008, reducing
19 by $40,000,000 in each fiscal year thereafter until this
20 exemption is eliminated. If said system generated revenues
21 are less than 50% of said costs, the Board shall remit an
22 amount equal to the amount of the deficit to the State;
23 however, due to the fiscal impacts from the COVID-19
24 pandemic, for fiscal years 2021, 2022, 2023, 2024, and
25 2025, no such payment shall be required. The Treasurer
26 shall deposit any such payment in the Road Fund; and
SB2111 Enrolled - 404 - LRB104 09876 LNS 19944 b
1 (ii) whether, beginning with the 2007 fiscal year, the
2 aggregate of all fares charged and received for ADA
3 paratransit services equals the system generated ADA
4 paratransit services revenue recovery ratio percentage of
5 the aggregate of all costs of providing such ADA
6 paratransit services.
7 (h) (Blank). If the Authority makes any payment to the
8 State under paragraph (g), the Authority shall reduce the
9 amount provided to a Service Board from funds transferred
10 under paragraph (a) in proportion to the amount by which that
11 Service Board failed to meet its required system generated
12 revenues recovery ratio. A Service Board which is affected by
13 a reduction in funds under this paragraph shall submit to the
14 Authority concurrently with its next due quarterly report a
15 revised budget incorporating the reduction in funds. The
16 revised budget must meet the criteria specified in clauses (i)
17 through (vi) of Section 4.11(b)(2). The Board shall review and
18 act on the revised budget as provided in Section 4.11(b)(3).
19 (Source: P.A. 102-678, eff. 12-10-21; 103-281, eff. 1-1-24;
20 103-588, eff. 6-5-24.)
21 (70 ILCS 3615/4.11) (from Ch. 111 2/3, par. 704.11)
22 Sec. 4.11. Budget Review Powers.
23 (a) Until January 1, 2027, based Based upon estimates
24 which shall be given to the Authority by the Director of the
25 Governor's Office of Management and Budget (formerly Bureau of
SB2111 Enrolled - 405 - LRB104 09876 LNS 19944 b
1 the Budget) of the receipts to be received by the Authority
2 from the taxes imposed by the Authority and the authorized
3 estimates of amounts to be available from State and other
4 sources to the Service Boards, and the times at which such
5 receipts and amounts will be available, the Board shall, not
6 later than the next preceding September 15th prior to the
7 beginning of the Authority's next fiscal year, advise each
8 Service Board of the amounts estimated by the Board to be
9 available for such Service Board during such fiscal year and
10 the two following fiscal years and the times at which such
11 amounts will be available. The Board shall, at the same time,
12 also advise each Service Board of its required system
13 generated revenues recovery ratio for the next fiscal year
14 which shall be the percentage of the aggregate costs of
15 providing public transportation by or under jurisdiction of
16 that Service Board which must be recovered from system
17 generated revenues. The Board shall, at the same time,
18 consider the written determination of the Executive Director,
19 made pursuant to Section 2.01d, of the costs of ADA
20 paratransit services that are required to be provided under
21 the federal Americans with Disabilities Act of 1990 and its
22 implementing regulations, and shall amend the current year
23 budgets of the Authority and the Service Boards to provide for
24 additional funding for the provision of ADA paratransit
25 services, if needed. The Board shall, at the same time,
26 beginning with the 2007 fiscal year, also advise each Service
SB2111 Enrolled - 406 - LRB104 09876 LNS 19944 b
1 Board that provides ADA paratransit services of its required
2 system generated ADA paratransit services revenue recovery
3 ratio for the next fiscal year which shall be the percentage of
4 the aggregate costs of providing ADA paratransit services by
5 or under jurisdiction of that Service Board which must be
6 recovered from fares charged for such services, except that
7 such required system generated ADA paratransit services
8 revenue recovery ratio shall not exceed the minimum percentage
9 established pursuant to Section 4.01(b)(ii) of this Act. In
10 determining a Service Board's system generated revenue
11 recovery ratio, the Board shall consider the historical system
12 generated revenues recovery ratio for the services subject to
13 the jurisdiction of that Service Board. The Board shall not
14 increase a Service Board's system generated revenues recovery
15 ratio for the next fiscal year over such ratio for the current
16 fiscal year disproportionately or prejudicially to increases
17 in such ratios for other Service Boards. The Board may, by
18 ordinance, provide that (i) the cost of research and
19 development projects in the fiscal year beginning January 1,
20 1986 and ending December 31, 1986 conducted pursuant to
21 Section 2.09 of this Act, (ii) the costs for passenger
22 security, and (iii) expenditures of amounts granted to a
23 Service Board from the Innovation, Coordination, and
24 Enhancement Fund for operating purposes may be exempted from
25 the farebox recovery ratio or the system generated revenues
26 recovery ratio of the Chicago Transit Authority, the Suburban
SB2111 Enrolled - 407 - LRB104 09876 LNS 19944 b
1 Bus Board, and the Commuter Rail Board, or any of them. During
2 fiscal years 2008 through 2012, the Board may also allocate
3 the exemption of $200,000,000 and the reducing amounts of
4 costs provided by this amendatory Act of the 95th General
5 Assembly from the farebox recovery ratio or system generated
6 revenues recovery ratio of each Service Board.
7 (b) (1) Not later than the next preceding November 15
8 prior to the commencement of such fiscal year, each Service
9 Board shall submit to the Authority its proposed budget for
10 such fiscal year and its proposed financial plan for the two
11 following fiscal years. Such budget and financial plan shall
12 (i) be prepared in the format, follow the financial and
13 budgetary practices, and be based on any assumptions and
14 projections required by the Authority and (ii) not project or
15 assume a receipt of revenues from the Authority in amounts
16 greater than those set forth in the estimates provided by the
17 Authority pursuant to subsection (a) of this Section.
18 (2) The Board shall review the proposed budget and
19 two-year financial plan submitted by each Service Board. The
20 Board shall approve the budget and two-year financial plan of
21 a Service Board if:
22 (i) such budget and plan show a balance between (A)
23 anticipated revenues from all sources including operating
24 subsidies and (B) the costs of providing the services
25 specified and of funding any operating deficits or
26 encumbrances incurred in prior periods, including
SB2111 Enrolled - 408 - LRB104 09876 LNS 19944 b
1 provision for payment when due of principal and interest
2 on outstanding indebtedness;
3 (ii) such budget and plan show cash balances including
4 the proceeds of any anticipated cash flow borrowing
5 sufficient to pay with reasonable promptness all costs and
6 expenses as incurred;
7 (iii) such budget and plan provide for a level of
8 fares or charges and operating or administrative costs for
9 the public transportation provided by or subject to the
10 jurisdiction of such Service Board sufficient to allow the
11 Service Board to meet its required system generated
12 revenue recovery ratio and, beginning with the 2007 fiscal
13 year, system generated ADA paratransit services revenue
14 recovery ratio;
15 (iv) such budget and plan are based upon and employ
16 assumptions and projections which are reasonable and
17 prudent;
18 (v) such budget and plan have been prepared in
19 accordance with sound financial practices as determined by
20 the Board;
21 (vi) such budget and plan meet such other financial,
22 budgetary, or fiscal requirements that the Board may by
23 rule or regulation establish; and
24 (vii) such budget and plan are consistent with the
25 goals and objectives adopted by the Authority in the
26 Strategic Plan.
SB2111 Enrolled - 409 - LRB104 09876 LNS 19944 b
1 (3) (Blank).
2 (4) Unless the Board by a supermajority an affirmative
3 vote of 12 of the then Directors determines that the budget and
4 financial plan of a Service Board meets the criteria specified
5 in clauses (i) through (vii) of subparagraph (2) of this
6 paragraph (b), the Board shall withhold from that Service
7 Board 25% of the cash proceeds of taxes imposed by the
8 Authority under Section 4.03 and Section 4.03.1 and received
9 after February 1 and 25% of the amounts transferred to the
10 Authority from the Public Transportation Fund under Section
11 4.09(a) (but not including Section 4.09(a)(3)(iv)) after
12 February 1 that the Board has estimated to be available to that
13 Service Board under Section 4.11(a). Such funding shall be
14 released to the Service Board only upon approval of a budget
15 and financial plan under this Section or adoption of a budget
16 and financial plan on behalf of the Service Board by the
17 Authority.
18 (5) If the Board has not found that the budget and
19 financial plan of a Service Board meets the criteria specified
20 in clauses (i) through (vii) of subparagraph (2) of this
21 paragraph (b), the Board, by a supermajority the affirmative
22 vote of at least 12 of its then Directors, shall adopt a budget
23 and financial plan meeting such criteria for that Service
24 Board.
25 (c)(1) If the Board shall at any time have received a
26 revised estimate, or revises any estimate the Board has made,
SB2111 Enrolled - 410 - LRB104 09876 LNS 19944 b
1 pursuant to this Section 4.01 of the receipts to be collected
2 by the Authority which, in the judgment of the Board, requires
3 a change in the estimates on which the budget of any Service
4 Board is based, the Board shall advise the affected Service
5 Board of such revised estimates, and such Service Board shall,
6 within 30 days after receipt of such advice, submit
7 recommendations for a revised budget incorporating such
8 revised estimates. If the revised estimates require, in the
9 judgment of the Board, that the system generated revenues
10 recovery ratio of one or more Service Boards be revised in
11 order to allow the Authority to meet its required ratio, the
12 Board shall advise any such Service Board of its revised ratio
13 and such Service Board shall within 30 days after receipt of
14 such advice submit a revised budget incorporating such revised
15 estimates or ratio.
16 (2) Each Service Board shall, within such period after the
17 end of each fiscal quarter as shall be specified by the Board,
18 report to the Authority its financial condition and results of
19 operations and the financial condition and results of
20 operations of the public transportation services subject to
21 its jurisdiction, as at the end of and for such quarter. If in
22 the judgment of the Board such condition and results are not
23 substantially in accordance with such Service Board's budget
24 for such period, the Board shall so advise such Service Board
25 and such Service Board shall within the period specified by
26 the Board submit a revised budget incorporating such results.
SB2111 Enrolled - 411 - LRB104 09876 LNS 19944 b
1 (3) If the Board shall determine that a revised budget
2 submitted by a Service Board pursuant to subparagraph (1) or
3 (2) of this paragraph (c) does not meet the criteria specified
4 in clauses (i) through (vii) of subparagraph (2) of paragraph
5 (b) of this Section, the Board shall withhold from that
6 Service Board 25% of the cash proceeds of taxes imposed by the
7 Authority under Section 4.03 or 4.03.1 and received by the
8 Authority after February 1 and 25% of the amounts transferred
9 to the Authority from the Public Transportation Fund under
10 Section 4.09(a) (but not including Section 4.09(a)(3)(iv))
11 after February 1 that the Board has estimated to be available
12 to that Service Board under Section 4.11(a). If the Service
13 Board submits a revised financial plan and budget which plan
14 and budget shows that the criteria will be met within a four
15 quarter period, the Board shall release any such withheld
16 funds to the Service Board. The Board by a supermajority the
17 affirmative vote of at least 12 of its then Directors may
18 require a Service Board to submit a revised financial plan and
19 budget which shows that the criteria will be met in a time
20 period less than four quarters.
21 (d) All budgets and financial plans, financial statements,
22 audits, and other information presented to the Authority
23 pursuant to this Section or which may be required by the Board
24 to permit it to monitor compliance with the provisions of this
25 Section shall be prepared and presented in such manner and
26 frequency and in such detail as shall have been prescribed by
SB2111 Enrolled - 412 - LRB104 09876 LNS 19944 b
1 the Board, shall be prepared on both an accrual and cash flow
2 basis as specified by the Board, shall present such
3 information as the Authority shall prescribe that fairly
4 presents the condition of any pension plan or trust for health
5 care benefits with respect to retirees established by the
6 Service Board and describes the plans of the Service Board to
7 meet the requirements of Sections 4.02a and 4.02b, and shall
8 identify and describe the assumptions and projections employed
9 in the preparation thereof to the extent required by the
10 Board. If the Executive Director certifies that a Service
11 Board has not presented its budget and two-year financial plan
12 in conformity with the rules adopted by the Authority under
13 the provisions of Section 4.01(f) and this subsection (d), and
14 such certification is accepted by a supermajority the
15 affirmative vote of at least 12 of the then Directors of the
16 Authority, the Authority shall not distribute to that Service
17 Board any funds for operating purposes in excess of the
18 amounts distributed for such purposes to the Service Board in
19 the previous fiscal year. Except when the Board adopts a
20 budget and a financial plan for a Service Board under
21 paragraph (b)(5), a Service Board shall provide for such
22 levels of transportation services and fares or charges
23 therefor as it deems appropriate and necessary in the
24 preparation of a budget and financial plan meeting the
25 criteria set forth in clauses (i) through (vii) of
26 subparagraph (2) of paragraph (b) of this Section. The
SB2111 Enrolled - 413 - LRB104 09876 LNS 19944 b
1 Authority shall have access to and the right to examine and
2 copy all books, documents, papers, records, or other source
3 data of a Service Board relevant to any information submitted
4 pursuant to this Section.
5 (d-5) Beginning in Fiscal Year 2027, the Board of the
6 Authority shall, no later than September 15 of each year
7 consider the written determination of the Executive Director,
8 made under Section 2.01d, of the costs of ADA paratransit
9 services that are required to be provided under the federal
10 Americans with Disabilities Act of 1990 and its implementing
11 regulations, and shall amend the current year budgets of the
12 Authority and the Service Boards to provide for additional
13 funding for the provision of ADA paratransit services, if
14 needed.
15 (d-10)(1) Beginning in Fiscal Year 2027, if the Board
16 shall at any time have received a revised estimate, or revises
17 any estimate the Board has made, under Section 4.01 of the
18 receipts to be collected by the Authority which, in the
19 judgment of the Board, requires a change in the estimates on
20 which the budget of any Service Board is based, then the Board
21 of the Authority shall advise the affected Service Board of
22 the revised estimates, and the Service Board shall, within 30
23 days after receipt of the advice, submit recommendations for a
24 revised budget incorporating the revised estimates. After
25 considering the Service Board's recommendations, the Authority
26 shall adopt a revised budget.
SB2111 Enrolled - 414 - LRB104 09876 LNS 19944 b
1 (2) Each Service Board shall, within the period after the
2 end of each fiscal quarter as shall be specified by the Board,
3 report to the Authority its financial condition and results of
4 operations and the financial condition and results of
5 operations of the public transportation services subject to
6 its jurisdiction, as at the end of and for the quarter. If, in
7 the judgment of the Board, the condition and results are not
8 substantially in accordance with the Service Board's budget
9 for the period, then the Board shall so advise the Service
10 Board and the Service Board shall within the period specified
11 by the Board submit recommendations for a revised budget
12 incorporating the results. After considering the Service
13 Board's recommendations, the Authority shall adopt a revised
14 budget.
15 (d-15) Beginning in Fiscal Year 2027, all financial
16 statements, audits, and other information presented to the
17 Authority under this Section or which may be required by the
18 Board to permit it to monitor compliance with the provisions
19 of this Section shall be prepared and presented in the manner
20 and frequency and in the detail prescribed by the Board, shall
21 be prepared on both an accrual and cash flow basis as specified
22 by the Board, shall present the information as the Authority
23 shall prescribe that fairly presents the condition of any
24 pension plan or trust for health care benefits with respect to
25 retirees established by the Service Board and describes the
26 plans of the Service Board to meet the requirements of
SB2111 Enrolled - 415 - LRB104 09876 LNS 19944 b
1 Sections 4.02a and 4.02b, and shall identify and describe the
2 assumptions and projections employed in the preparation
3 thereof to the extent required by the Board.
4 (e) Whenever this Section requires the Board to make
5 determinations with respect to estimates, budgets or financial
6 plans, or rules or regulations with respect thereto such
7 determinations shall be made upon a supermajority the
8 affirmative vote of at least 12 of the then Directors and shall
9 be incorporated in a written report of the Board and such
10 report shall be submitted within 10 days after such
11 determinations are made to the Governor, the Mayor of Chicago
12 (if such determinations relate to the Chicago Transit
13 Authority), and the Auditor General of Illinois.
14 (Source: P.A. 97-399, eff. 8-16-11.)
15 (70 ILCS 3615/4.13) (from Ch. 111 2/3, par. 704.13)
16 Sec. 4.13. Annual Capital Improvement Plan.
17 (a) With respect to each calendar year, the Authority
18 shall prepare as part of its 5-Year Capital Five Year Program
19 an Annual Capital Improvement Plan (the "Plan") which shall
20 describe its intended development and implementation of the
21 Strategic Capital Improvement Program. The Plan shall include
22 the following information:
23 (i) a list of projects for which approval is sought
24 from the Governor, with a description of each project
25 stating at a minimum the project cost, its category, its
SB2111 Enrolled - 416 - LRB104 09876 LNS 19944 b
1 location and the entity responsible for its
2 implementation;
3 (ii) a certification by the Authority that the
4 Authority and the Service Boards have applied for all
5 grants, loans and other moneys made available by the
6 federal government or the State of Illinois during the
7 preceding federal and State fiscal years for financing its
8 capital development activities;
9 (iii) a certification that, as of September 30 of the
10 preceding calendar year or any later date, the balance of
11 all federal capital grant funds and all other funds to be
12 used as matching funds therefor which were committed to or
13 possessed by the Authority or a Service Board but which
14 had not been obligated was less than $350,000,000, or a
15 greater amount as authorized in writing by the Governor
16 (for purposes of this subsection (a), "obligated" means
17 committed to be paid by the Authority or a Service Board
18 under a contract with a nongovernmental entity in
19 connection with the performance of a project or committed
20 under a force account plan approved by the federal
21 government);
22 (iv) a certification that the Authority has adopted a
23 balanced budget with respect to such calendar year under
24 Section 4.01 of this Act;
25 (v) a schedule of all bonds or notes previously issued
26 for Strategic Capital Improvement Projects and all debt
SB2111 Enrolled - 417 - LRB104 09876 LNS 19944 b
1 service payments to be made with respect to all such bonds
2 and the estimated additional debt service payments through
3 June 30 of the following calendar year expected to result
4 from bonds to be sold prior thereto;
5 (vi) a long-range summary of the Strategic Capital
6 Improvement Program describing the projects to be funded
7 through the Program with respect to project cost,
8 category, location, and implementing entity, and
9 presenting a financial plan including an estimated time
10 schedule for obligating funds for the performance of
11 approved projects, issuing bonds, expending bond proceeds
12 and paying debt service throughout the duration of the
13 Program; and
14 (vii) the source of funding for each project in the
15 Plan. For any project for which full funding has not yet
16 been secured and which is not subject to a federal full
17 funding contract, the Authority must identify alternative,
18 dedicated funding sources available to complete the
19 project. The Governor may waive this requirement on a
20 project by project basis.
21 (b) The Authority shall submit the Plan with respect to
22 any calendar year to the Governor on or before January 15 of
23 that year, or as soon as possible thereafter; provided,
24 however, that the Plan shall be adopted by a supermajority
25 vote on the affirmative votes of 12 of the then Directors. The
26 Plan may be revised or amended at any time, but any revision in
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1 the projects approved shall require the Governor's approval.
2 (c) The Authority shall seek approval from the Governor
3 only through the Plan or an amendment thereto. The Authority
4 shall not request approval of the Plan from the Governor in any
5 calendar year in which it is unable to make the certifications
6 required under items (ii), (iii) and (iv) of subsection (a).
7 In no event shall the Authority seek approval of the Plan from
8 the Governor for projects in an aggregate amount exceeding the
9 proceeds of bonds or notes for Strategic Capital Improvement
10 Projects issued under Section 4.04 of this Act.
11 (d) The Governor may approve the Plan for which approval
12 is requested. The Governor's approval is limited to the amount
13 of the project cost stated in the Plan. The Governor shall not
14 approve the Plan in a calendar year if the Authority is unable
15 to make the certifications required under items (ii), (iii)
16 and (iv) of subsection (a). In no event shall the Governor
17 approve the Plan for projects in an aggregate amount exceeding
18 the proceeds of bonds or notes for Strategic Capital
19 Improvement Projects issued under Section 4.04 of this Act.
20 (e) With respect to capital improvements, only those
21 capital improvements which are in a Plan approved by the
22 Governor shall be financed with the proceeds of bonds or notes
23 issued for Strategic Capital Improvement Projects.
24 (f) Before the Authority or a Service Board obligates any
25 funds for a project for which the Authority or Service Board
26 intends to use the proceeds of bonds or notes for Strategic
SB2111 Enrolled - 419 - LRB104 09876 LNS 19944 b
1 Capital Improvement Projects, but which project is not
2 included in an approved Plan, the Authority must notify the
3 Governor of the intended obligation. No project costs incurred
4 prior to approval of the Plan including that project may be
5 paid from the proceeds of bonds or notes for Strategic Capital
6 Improvement Projects issued under Section 4.04 of this Act.
7 (Source: P.A. 94-839, eff. 6-6-06; 95-708, eff. 1-18-08.)
8 (70 ILCS 3615/4.14) (from Ch. 111 2/3, par. 704.14)
9 Sec. 4.14. Rate Protection Contract. "Rate Protection
10 Contract" means interest rate price exchange agreements;
11 currency exchange agreements; forward payment conversion
12 agreements; contracts providing for payment or receipt of
13 funds based on levels of, or changes in, interest rates,
14 currency exchange rates, stock or other indices; contracts to
15 exchange cash flows or a series of payments; contracts,
16 including without limitation, interest rate caps; interest
17 rate floor; interest rate locks; interest rate collars; rate
18 of return guarantees or assurances, to manage payment,
19 currency, rate, spread or similar exposure; the obligation,
20 right, or option to issue, put, lend, sell, grant a security
21 interest in, buy, borrow or otherwise acquire, a bond, note or
22 other security or interest therein as an investment, as
23 collateral, as a hedge, or otherwise as a source or assurance
24 of payment to or by the Authority or as a reduction of the
25 Authority's or an obligor's risk exposure; repurchase
SB2111 Enrolled - 420 - LRB104 09876 LNS 19944 b
1 agreements; securities lending agreements; and other
2 agreements or arrangements similar to the foregoing.
3 Notwithstanding any provision in Section 2.20 (a) (ii) of
4 this Act to the contrary, in connection with or incidental to
5 the issuance by the Authority of its bonds or notes under the
6 provisions of Section 4.04 or the exercise of its powers under
7 subsection (b) of Section 2.20, the Authority, for its own
8 benefit or for the benefit of the holders of its obligations or
9 their trustee, may enter into rate protection contracts. The
10 Authority may enter into rate protection contracts only
11 pursuant to a determination by a supermajority vote of 12 of
12 the then Directors that the terms of the contracts and any
13 related agreements reduce the risk of loss to the Authority,
14 or protect, preserve or enhance the value of its assets, or
15 provide compensation to the Authority for losses resulting
16 from changes in interest rates. The Authority's obligations
17 under any rate protection contract or credit enhancement or
18 liquidity agreement shall not be considered bonds or notes for
19 purposes of this Act. For purposes of this Section a rate
20 protection contract is a contract determined by the Authority
21 as necessary or appropriate to permit it to manage payment,
22 currency or interest rate risks or levels.
23 (Source: P.A. 95-708, eff. 1-18-08.)
24 (70 ILCS 3615/4.15)
25 Sec. 4.15. Revolving door prohibition. No Director,
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1 Service Board director or member, former Director, or former
2 Service Board director or member shall, during his or her term
3 and for a period of one year immediately after the end of his
4 or her term, engage in business dealings with, knowingly
5 accept employment from, or receive compensation or fees for
6 services from the Regional Transportation Authority, the
7 Suburban Bus Board, the Commuter Rail Board or the Chicago
8 Transit Board. This prohibition shall not apply to any
9 business dealings engaged in by the Director or Service Board
10 director or member in the course of his or her official duties
11 or responsibilities as a Director or Service Board director or
12 member.
13 (Source: P.A. 98-1027, eff. 1-1-15.)
14 (70 ILCS 3615/5.03) (from Ch. 111 2/3, par. 705.03)
15 Sec. 5.03. Limitation on Actions.
16 The Authority shall not be liable in any civil action for
17 any injury to any person or property for any acts or omissions
18 of any Transportation Agency transportation agency or unit of
19 local government, as a result of the Authority making grants
20 to or having a purchase of service agreement with such agency
21 or unit of local government. Nothing in this Act, however,
22 limits the power of the Authority in its purchase of service
23 agreements to pay the cost of any such injuries.
24 No civil action shall be commenced in any court against
25 the Authority or a Service Board by any person on account of
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1 any wrongful death or for any injury to any person unless it is
2 commenced within one year from the date that the cause of
3 action accrued; provided, however, that the foregoing shall
4 not limit a Transportation Agency transportation agency in
5 bringing a civil action to enforce its rights under a purchase
6 of service agreement with the Authority. This amendatory Act
7 of 1995 applies only to causes of action accruing on or after
8 January 1, 1996.
9 (Source: P.A. 89-109, eff. 1-1-96.)
10 (70 ILCS 3615/5.05) (from Ch. 111 2/3, par. 705.05)
11 Sec. 5.05. Opt Out.
12 (a) Notwithstanding any other provision of this Act, if
13 the County Board of the County of DuPage, Kane, Lake, McHenry,
14 or Will by ordinance authorizes that such county shall elect
15 to terminate the powers of the Authority and the Suburban Bus
16 Division in that County, the Secretary of such County Board
17 shall certify that proposition to the proper election
18 officials, who shall submit such proposition at an election in
19 accordance with the general election law to decide whether or
20 not the County shall opt out; and if a majority of the voters
21 voting upon the proposition is in favor of terminating the
22 powers of the Authority and the Suburban Bus Division those
23 powers shall be terminated.
24 The form of the ballot to be used at the referendum shall
25 be substantially as follows:
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1 ------------------------------------------------------------
2 Shall ..... County Terminate the
3 Powers of the Regional Transportation YES
4 Authority and the Suburban Bus --------------------
5 Division in .... County NO
6 on ..... (date)
7 ------------------------------------------------------------
8 If a majority of the voters vote in favor of terminating
9 the powers of the Authority and the Suburban Bus Division then
10 all of the powers of the Authority and the Suburban Bus
11 Division shall terminate in such county except those powers
12 and functions which the Authority determines to be necessary
13 to exercise with regard to:
14 (i) public transportation by commuter rail, and
15 related public transportation facilities;
16 (ii) public transportation other than by commuter rail
17 which is required in order to comply with federal or State
18 laws and regulations, and related public transportation
19 facilities; and
20 (iii) public transportation other than by commuter
21 rail provided by the Suburban Bus Division pursuant to
22 contract with the County or other governmental entity
23 therein, and related public transportation facilities.
24 (b) The termination of the powers of the Authority and the
25 Suburban Bus Division referred to in paragraph (a) of this
26 Section with respect to any County shall occur on approval of
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1 the referendum by the electors provided on or prior to the date
2 of such termination, such County shall have:
3 (i) assumed the obligations of the Authority under all
4 laws, federal or State, and all contracts with respect to
5 public transportation or public transportation facilities
6 in such County, which statutory or contractual obligations
7 extend beyond the termination date provided for in
8 accordance with paragraph (c) of this Section provided
9 that such obligations shall not be deemed to include any
10 indebtedness of the Authority for borrowed money;
11 (ii) agreed to indemnify and hold harmless the
12 Authority against any and all claims, actions, and
13 liabilities arising out of or in connection with the
14 termination of the Authority's powers and functions
15 pursuant to paragraph (a) of this Section; and
16 (iii) taken or caused to be taken all necessary
17 actions and fulfilled or caused to be fulfilled all
18 requirements under federal and State laws, rules and
19 regulations with respect to such termination and any
20 related transfers of assets or liabilities of the
21 Authority. A County may, by mutual agreement with the
22 Authority, permit the Authority to fulfill one or more
23 contracts which by their terms extend beyond the
24 termination date provided for in accordance with paragraph
25 (c) of this Section, in which case the powers and
26 functions of the Authority in that County shall survive
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1 only to the extent deemed necessary by the Authority to
2 fulfill said contract or contracts. The satisfaction of
3 the requirements provided for in this paragraph shall be
4 evidenced in such manner as the Authority may require.
5 (c) Following an election to terminate the powers of the
6 Authority and the Suburban Bus Division at a referendum held
7 under paragraph (a) of this Section the County Board shall
8 notify the Authority of the results of the referendum which
9 notice shall specify a termination date, which is the last day
10 of the calendar month, but no earlier than December 31, 1984.
11 Unless the termination date is extended by mutual agreement
12 between the County and the Authority, the termination of the
13 powers and functions of the Authority in the County shall
14 occur at midnight on the termination date, provided that the
15 requirements of this Section have been met.
16 (d) The proceeds of taxes imposed by the Authority under
17 Sections 4.03 and 4.03.1 collected after the termination date
18 within a County wherein the powers of the Authority and the
19 Suburban Bus Division have been terminated under this Section
20 shall be provided by the Authority to the Commuter Rail Board
21 to support services under the jurisdiction of the Commuter
22 Rail Board which are attributable to that County, as
23 determined by the Commuter Rail Board. Any proceeds which are
24 in excess of that necessary to support such services shall be
25 paid by the Authority to that County to be expended for general
26 transportation purposes in accordance with law. If no services
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1 under the jurisdiction of the Commuter Rail Board are provided
2 in a County wherein the powers of the Authority have been
3 terminated under this Section, all proceeds of taxes imposed
4 by the Authority in the County shall be paid by the Authority
5 to the County to be expended for general transportation
6 purposes in accordance with law. The Authority or the Suburban
7 Bus Division has no obligation to see that the funds expended
8 under this paragraph by the County are spent for general
9 transportation purposes in accordance with law.
10 (Source: P.A. 83-885; 83-886.)
11 (70 ILCS 3615/5.15)
12 Sec. 5.15. Rail safety recommendation report. The Regional
13 Transportation Authority, the Chicago Transit Authority, and
14 the Commuter Rail Division shall issue an annual report on or
15 before December 31 of each year containing all rail safety
16 recommendations made by the National Transportation Safety
17 Board during the previous 12 months and the status of the
18 Regional Transportation Authority's, the Chicago Transit
19 Authority's, and the Commuter Rail Division's implementation
20 of those recommendations, including for any recommendations
21 within the Regional Transportation Authority's
22 extraterritorial extra-territorial authority, if any. The
23 reports shall be made publicly available on the Regional
24 Transportation Authority's website.
25 (Source: P.A. 103-640, eff. 7-1-24.)
SB2111 Enrolled - 427 - LRB104 09876 LNS 19944 b
1 (70 ILCS 3615/5.17 new)
2 Sec. 5.17. Diversity reporting.
3 (a) As used in this Section:
4 "Minority person" has the meaning given to that term in
5 the Business Enterprise for Minorities, Women, and Persons
6 with Disabilities Act.
7 "Person with a disability" has the meaning given to that
8 term in the Business Enterprise for Minorities, Women, and
9 Persons with Disabilities Act.
10 "Qualified veteran-owned small business" has the meaning
11 given to that term in Section 45-57 of the Illinois
12 Procurement Code.
13 "Small business" has the meaning given to that term in
14 Section 45-57 of the Illinois Procurement Code.
15 "Veteran" has the meaning given to that term in Section
16 45-57 of the Illinois Procurement Code.
17 "Woman" has the meaning given to that term in the Business
18 Enterprise for Minorities, Women, and Persons with
19 Disabilities Act.
20 (b) All construction contractors who contract with the
21 Authority or a Service Board shall report to the Authority
22 regarding the diversity of its employees, apprenticeship
23 hours, and its spending. Reports must contain data providing:
24 (1) the number of women, minority persons, persons
25 with a disability, and veterans employed by the
SB2111 Enrolled - 428 - LRB104 09876 LNS 19944 b
1 construction contractor;
2 (2) the apprenticeship hours performed by women,
3 minority persons, persons with a disability, and veterans;
4 and
5 (3) the spending for women-owned, minority-owned,
6 qualified veteran-owned, and small business enterprises in
7 the previous calendar year.
8 Reports shall express the percentage of the total work
9 performed on Authority projects by the construction contractor
10 submitting the report, the total apprenticeship hours and
11 percentage of apprenticeship hours performed by women,
12 minority persons, and veterans, and the actual spending and
13 percentage of spending by the construction contractor for all
14 women-owned, minority-owned, qualified veteran-owned small
15 business, and small business enterprises.
16 (c) The construction contractor shall submit a diversity
17 report to the Board of the Authority annually on the
18 anniversary of the contract. The Authority shall publish each
19 diversity report on its website.
20 (70 ILCS 3615/5.20 new)
21 Sec. 5.20. Performance review and removal for cause.
22 (a) The Authority shall conduct a performance review of
23 the Executive Director of each Service Board once each year.
24 As part of this review, the Executive Director shall appear
25 before the Board to discuss the initial findings of the
SB2111 Enrolled - 429 - LRB104 09876 LNS 19944 b
1 review. At the conclusion of the review, the Authority shall
2 provide feedback to the Executive Director. The review shall
3 consider, at minimum:
4 (1) performance of public transportation service
5 provided by the relevant Service Board as measured against
6 the applicable service standards pursuant to Section 6.02;
7 (2) any findings of the most recent general
8 performance audit conducted by the Auditor General under
9 Section 2.01g;
10 (3) any findings of audits conducted by the Chief
11 Internal Auditor into the relevant Division; and
12 (4) Service Board compliance with the Service Plan,
13 5-Year Capital Program, Annual Budget, and 2-Year
14 Financial Plan approved by the Authority.
15 (b) The Authority may also review allegations of
16 misconduct or other wrongdoing by the Executive Director. The
17 Authority shall provide the Executive Director with written
18 notice of any allegations and a reasonable opportunity to be
19 heard in person or by counsel in reference thereto. The
20 Authority shall establish rules to implement this Section.
21 (c) The Authority shall remove the Executive Director of
22 the Commuter Rail Division, Suburban Bus Division, or Chicago
23 Transit Division (i) upon a showing of just cause, or
24 following an annual performance review in which the Authority
25 determines that the Executive Director led the Division to
26 fail to comply with the Service Plan, 5-Year Capital Program,
SB2111 Enrolled - 430 - LRB104 09876 LNS 19944 b
1 Annual Budget, or 2-Year Financial Plan approved by the
2 Authority and (ii) a supermajority vote. Upon a vote to remove
3 an Executive Director, a schedule that shall permit an orderly
4 transition in that office may be instituted. For the purposes
5 of this Section, "just cause" means any egregious act or
6 omission, including, but not limited to, malfeasance,
7 nonfeasance, gross misconduct or criminal conduct which
8 impairs the individual's ability to fulfill their duties and
9 obligations, or for actions taken that violate the terms of
10 this Act.
11 (70 ILCS 3615/5.25 new)
12 Sec. 5.25. Dial-a-ride service program.
13 (a) As used in this Section, "local dial-a-ride service"
14 or "DAR service" means a door-to-door transportation service,
15 other than that mandated by the Americans with Disabilities
16 Act, that is operated by a Service Board or other unit of local
17 government within the service area of the Authority and that
18 allows passengers to request pick-up and drop-off by telephone
19 or other means and does not follow a fixed route.
20 (b) A hired third party shall work in collaboration with
21 the Authority, Service Boards, counties, and townships that
22 operate dial-a-ride services to evaluate existing dial-a-ride
23 programs and create recommendations for coordinated service
24 across the region. The recommendations shall consider
25 coordination with existing dial-a-ride service and fixed-route
SB2111 Enrolled - 431 - LRB104 09876 LNS 19944 b
1 service operated by the Service Boards and potential expansion
2 of fixed-route service operated by the Service Boards. The
3 Authority shall work with the Service Boards, counties, and
4 townships that operate dial-a-ride services to implement the
5 recommendations following an affirmative vote of the Board of
6 the Authority.
7 (c) After the recommendations have been completed, the
8 Authority may establish a DAR service program policy and
9 authorize the deposit of Authority moneys into a DAR Service
10 Program Fund. Amounts on deposits in the fund and interest and
11 other earnings on those amounts may be used by the Authority,
12 with the approval of its Directors, for:
13 (1) operating cost assistance up to a maximum of 80%
14 of the operating cost of the DAR service provided by a unit
15 of local government;
16 (2) capital cost assistance for vehicles and
17 technology obtained by units of local government to
18 deliver DAR service;
19 (3) payment of Authority staff deployed to help
20 support DAR services operated by units of local government
21 and for other operating expenses incurred by the Authority
22 relating to the provision of DAR service by units of local
23 government or an operating unit of the Authority; and
24 (4) payment of capital costs incurred by the Authority
25 relating to its support of DAR service provided by units
26 of local government or by a Service Board.
SB2111 Enrolled - 432 - LRB104 09876 LNS 19944 b
1 (d) If the Board creates a DAR service program policy that
2 provides guidance on what DAR services provided by units of
3 local government are eligible for Authority support under the
4 DAR service program policy, then the DAR service program
5 policy shall include:
6 (1) the level of operating and capital subsidies
7 available to units of local government from the Authority
8 under the DAR service program policy;
9 (2) eligibility criteria for units of local government
10 to receive operating or capital subsidies from the DAR
11 service program policy;
12 (3) a description of technical support the Authority
13 may supply units of local government that operate DAR
14 services;
15 (4) a description of how units of local government may
16 obtain DAR services from a Service Board of the Authority;
17 (5) requirements that DAR services must be consistent
18 with service standards established by the Authority to be
19 eligible for operating or capital subsidies from the
20 Authority;
21 (6) the requirements for integration of a DAR service
22 operated by a unit of local government into the
23 Authority's fare collection, service branding, travel
24 information, and other systems required to provide riders
25 with seamless integration of DAR services with the
26 Authority's fixed-route transit services in the
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1 metropolitan region;
2 (7) standardized hours of operation, rider eligibility
3 criteria, fares, service standards, and use of fare media
4 compatible with the Authority's fixed-route services, and
5 other service-related requirements established by the
6 Authority that shall be in effect for all DAR services
7 funded by the Authority;
8 (8) Authority funding support levels tied to objective
9 criteria, such as vehicle revenue miles, passenger miles
10 traveled, unlinked passenger trips, vehicle revenue hours,
11 cost per DAR service ride, the number of zero-car
12 households in the service area, and the percentage of
13 trips by DAR service users that also include travel on the
14 Authority's fixed-route services;
15 (9) requirements of any limitations on the provision
16 of DAR service across DAR service areas and to
17 destinations outside the metropolitan region; and
18 (10) standardized forms of agreements between the
19 Authority and units of local government used in the
20 administration of the DAR service program setting forth
21 the funding arrangements, service levels, performance
22 measures, and other requirements for participation in the
23 program.
24 (e) The Authority shall not provide operating or capital
25 funding for a DAR service that does not meet the requirements
26 of the DAR service program policy.
SB2111 Enrolled - 434 - LRB104 09876 LNS 19944 b
1 (f) To better inform and implement the DAR service
2 program, the Authority shall establish a DAR Service
3 Coordination Council consisting of officials from each of the
4 county departments of transportation in the metropolitan
5 region as well as a diverse set of representatives from other
6 local units of government, social service providers, and other
7 community stakeholders. The Coordination Council shall advise
8 the Authority on DAR service program policies and shall assist
9 the Authority in improving DAR service quality, coordination,
10 and consistency throughout the metropolitan region.
11 (g) The Authority may establish a DAR Service Board to
12 effectuate the goals and requirements of this Section.
13 (h) If the Authority creates a DAR program, then the
14 Authority shall address DAR service issues and its DAR service
15 program policy in its Strategic Plan and in its other plans and
16 programs.
17 (70 ILCS 3615/5.30 new)
18 Sec. 5.30. Northern Illinois Transit Authority Executive
19 Director performance evaluation. The Board shall conduct an
20 annual evaluation, each fiscal year, of the Northern Illinois
21 Transit Authority Executive Director. At the conclusion of the
22 review, the Board shall provide feedback to the Executive
23 Director. The review shall consider, at minimum:
24 (1) performance of public transportation service
25 provided by each Service Board as measured against the
SB2111 Enrolled - 435 - LRB104 09876 LNS 19944 b
1 applicable service standards under Section 6.01;
2 (2) any relevant findings of audits conducted by the
3 Chief Internal Auditor under Section 7.01; and
4 (3) any findings of the most recent general
5 performance audit conducted by the Auditor General under
6 Section 2.01g.
7 (70 ILCS 3615/Art. VI heading new)
8 ARTICLE VI. SERVICE
9 (70 ILCS 3615/6.01 new)
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.
SB2111 Enrolled - 436 - LRB104 09876 LNS 19944 b
1 Consideration shall be given to vehicle revenue hours, vehicle
2 revenue miles, passenger miles traveled, and unlinked
3 passenger trips.
4 (d) The service standards shall cover the entire
5 metropolitan region and include the development of transit
6 propensity thresholds for each type of service or mode.
7 Transit propensity metrics shall include, but are not limited
8 to, population density, employment density, low-income
9 populations, disabled populations, zero-car households,
10 intersection density, and the presence of sidewalks. The
11 Authority shall develop weights for each metric and a scoring
12 system to determine transit propensity.
13 (e) The service standards shall be adjusted as appropriate
14 to accommodate the addition of modes of public transportation
15 not currently being provided by the Authority, which may
16 include, but are not limited to:
17 (1) streetcars;
18 (2) light rail;
19 (3) full-scale bus rapid transit;
20 (4) a transition from commuter rail to regional rail
21 or a combination of commuter and regional rail; and
22 (5) electrified versions of current combustion engine
23 vehicle systems.
24 (f) A unit of local government may petition the Authority
25 to increase the level of transit service provided above what
26 would otherwise be provided through the service standards. The
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1 Authority may develop plans and policies to assist units of
2 local government in identifying corridors where additional
3 service could be provided.
4 (g) The service standards shall include the transition of
5 commuter rail in the metropolitan region to a regional rail
6 service pattern or the retention of commuter rail with
7 additional regional rail service.
8 (h) Service standards and transit propensity thresholds
9 shall be developed, adopted by the board of directors, and
10 implemented by December 31, 2027.
11 (1) The development of such standards shall be done
12 cooperatively by staff of the Authority and the Service
13 Boards, including input from the bus and train operators
14 and train operating crews employed by the Service Boards.
15 (2) In developing and evaluating the service
16 standards, consideration shall be given to limitations
17 experienced by the Commuter Rail Division due to shared
18 infrastructure with freight rail.
19 (3) After service standards are implemented, the
20 Authority shall meet with each of the Service Boards at
21 least quarterly each year to ensure operations are
22 continuing effectively and to discuss issues or concerns
23 related to the service standards.
24 (4) The Board shall review and make adjustments to the
25 service standards in conjunction with its adoption of the
26 Authority's Strategic Plan.
SB2111 Enrolled - 438 - LRB104 09876 LNS 19944 b
1 (i) Until December 31, 2030, this Section shall only apply
2 to revenue generated by taxes under Section 4.03 and any funds
3 distributed to the Service Boards based on Section 4.03.3.
4 (j) Until December 31, 2030, the amount of funding
5 distributed to each Service Board under this Section shall be,
6 at a minimum, equal to the amount of funding distributed in
7 2025 under Section 4.03.3 to each Service Board. If the
8 revenue generated under Section 4.03.03 in a year is below
9 that of 2025, then the amount of funding distributed to each
10 Service Board under this Section shall be reduced
11 proportionally.
12 (k) Following the implementation of service standards, the
13 Authority and the Service Boards, their chief executive
14 officers, and other employees as required shall, upon request
15 of the General Assembly, attend a minimum of one hearing
16 annually before an appropriations committee and a substantive
17 committee of the House of Representatives and an
18 appropriations committee and a substantive committee of the
19 Senate regarding the implementation and efficacy of service
20 standards and other issues as requested. These hearings may be
21 conducted in Chicago or Springfield or any other location
22 selected by the General Assembly.
23 (l) The Authority shall compile and publish reports
24 comparing the actual public transportation system performance
25 measured against the service standards. The performance
26 measures shall include customer-related performance data
SB2111 Enrolled - 439 - LRB104 09876 LNS 19944 b
1 measured by line, route, or subregion, as determined by the
2 Authority, including, but not limited to:
3 (1) travel times and on-time performance;
4 (2) ridership data;
5 (3) equipment failure rates;
6 (4) employee and customer safety;
7 (5) crowding;
8 (6) cleanliness of vehicles and stations;
9 (7) service productivity; and
10 (8) customer satisfaction.
11 The Service Boards shall prepare and submit to the
12 Authority the reports with regard to these performance
13 measures in the frequency and form required by the Authority.
14 The Authority shall compile and publish the reports on its
15 website on a regular basis, no less than monthly. The
16 Authority shall implement consistent data reporting standards.
17 (m) The service standards and performance measures shall
18 not be used as a basis for disciplinary action against any
19 employee of the Authority or a Service Board, except to the
20 extent that the collective bargaining agreements and
21 employment and disciplinary practices of the Authority or the
22 relevant Service Board provide for the action.
23 (70 ILCS 3615/Art. VII heading new)
24 ARTICLE VII. INTERNAL AUDIT
SB2111 Enrolled - 440 - LRB104 09876 LNS 19944 b
1 (70 ILCS 3615/7.01 new)
2 Sec. 7.01. Chief Internal Auditor.
3 (a) The Board of the Authority shall appoint a Chief
4 Internal Auditor, who shall report directly to the Board. The
5 Chief Internal Auditor shall:
6 (1) have earned a baccalaureate degree from an
7 institution of higher education;
8 (2) be a certified internal auditor, certified public
9 accountant with at least 5 years of auditing experience,
10 or an auditor with 5 years of auditing experience; and
11 (3) have not been convicted of any felony under the
12 laws of this State, another State, or the United States.
13 The term of the Chief Internal Auditor shall be 5 years.
14 The initial appointment shall be made within 180 days after
15 the effective date of this amendatory Act of the 104th General
16 Assembly. A Chief Internal Auditor may be reappointed to one
17 or more subsequent terms. A Chief Internal Auditor may only be
18 removed for cause. Cause for removal includes incompetence,
19 neglect of duty, malfeasance in office, and violation of the
20 prohibitions of subsection (d). A vacancy occurring during a
21 term shall be filled with a 5-year appointment.
22 (b) The Chief Internal Auditor appointed by the Board of
23 the Authority shall have jurisdiction over the Commuter Rail
24 Division, the Suburban Bus Division, the Chicago Transit
25 Authority, and all officers and employees of, and vendors and
26 others doing business with, the Authority and the Service
SB2111 Enrolled - 441 - LRB104 09876 LNS 19944 b
1 Boards. The Chief Internal Auditor has jurisdiction over the
2 Authority and the Service Boards to make post audits and
3 investigations authorized by or under this Act.
4 (c) The Chief Internal Auditor shall:
5 (1) direct the internal audit functions and activities
6 of the Authority, including conducting operational,
7 financial, compliance, performance, information
8 technology, and special audits to determine the adequacy
9 of the Authority's systems of internal control and ensure
10 compliance with Authority and State requirements;
11 (2) prepare audit reports and assess program goals,
12 including making recommendations leading to compliance,
13 reduced operating costs, improved services, and greater
14 general efficiency and effectiveness in existing Authority
15 operations;
16 (3) be responsible for the preparation of an annual
17 audit plan for submission to, and subject to the approval
18 of, the Board of the Authority;
19 (4) follow-up on findings in internal and external
20 audit reports to determine if appropriate remedial action
21 has been taken;
22 (5) coordinate external audit request and report
23 responses to be completed by Authority management;
24 (6) immediately refer possible violations of the State
25 Officials and Employees Ethics Act to the appropriate
26 Executive Inspector General; and
SB2111 Enrolled - 442 - LRB104 09876 LNS 19944 b
1 (7) perform other duties as required by law or
2 ordinance.
3 (d) The Chief Internal Auditor or any deputy internal
4 auditor may not:
5 (1) become a candidate for any elective public office;
6 (2) hold any other public office, by appointment or
7 otherwise, except for appointments on governmental
8 advisory boards or study commissions or as otherwise
9 expressly authorized by law;
10 (3) hold any other employment;
11 (4) be actively involved in the affairs of any
12 political party;
13 (5) actively participate in any political campaign for
14 any public office created by the Constitution or by any
15 statute of the State;
16 (6) actively participate in any campaign relating to a
17 referendum or public question concerning the Constitution,
18 the government of the State or any local or private agency
19 audited by the Authority's Chief Internal Auditor during
20 the preceding 4 years;
21 (7) hold any legal, equitable, creditor, or debt
22 interest in any partnership, firm, or other entity which
23 contracts with the Authority during the Chief Internal
24 Auditor's or the deputy internal auditor's term or tenure;
25 (8) have any direct or indirect financial or economic
26 interest in the transactions of the Authority audited by
SB2111 Enrolled - 443 - LRB104 09876 LNS 19944 b
1 the Chief Internal Auditor during the Chief Internal
2 Auditor's or the deputy internal auditor's term or tenure;
3 except that written disclosure of any such interest to the
4 Board of the Authority and formal disqualification from
5 participation in any post audit involving that transaction
6 may, with the approval of the Board of the Authority,
7 constitute compliance with this paragraph if the interest
8 is either insubstantial or results directly from an
9 interest held before becoming Chief Internal Auditor or
10 deputy internal auditor;
11 (9) conduct or supervise a post audit of any outside
12 agency or vendor for which they were responsible or by
13 which they were employed or with which they contracted
14 during the preceding 4 years; and
15 (10) make or report publicly any charges of
16 nonfeasance or malfeasance in the office of any public
17 official or illegal conduct of any person unless they know
18 of reasonable grounds, based on accepted auditing and
19 accounting standards, for the charges.
20 (e) The Chief Internal Auditor may hire employees as may
21 be necessary and appropriate to carry out the Chief Internal
22 Auditor's duties, including Deputy Internal Auditors. The
23 Chief Internal Auditor may determine the duties of all
24 employees and may delegate the Chief Internal Auditor's power
25 and authority to deputy internal auditors.
26 (f) The Chief Internal Auditor may contract with certified
SB2111 Enrolled - 444 - LRB104 09876 LNS 19944 b
1 public accountants licensed in Illinois, qualified management
2 consultants, attorneys licensed in this State, and other
3 persons or firms necessary to carry out the Chief Internal
4 Auditor's duties. The Chief Internal Auditor may designate any
5 person with whom the Chief Internal Auditor contracts as a
6 special assistant auditor for the purpose of conducting a post
7 audit or investigation under the Chief Internal Auditor's
8 supervision. The Chief Internal Auditor may delegate the Chief
9 Internal Auditor's powers and authority respecting post audits
10 and investigations to special assistant auditors other than
11 the power of subpoena, but any delegation of authority to
12 administer oaths or take depositions must be made in writing
13 and limited to a particular audit or investigation.
14 (g) The Chief Internal Auditor shall conduct a financial
15 audit, a compliance audit, or other attestation engagement, as
16 is appropriate to the Authority's operations under generally
17 accepted government auditing standards, of each Authority
18 agency at least once during every biennium. The general
19 direction and supervision of the financial audit program may
20 be delegated only to an individual who is a certified public
21 accountant and a payroll employee under the control of the
22 Chief Internal Auditor. In the conduct of financial audits,
23 compliance audits, and other attestation engagements, the
24 Chief Internal Auditor may inquire into and report upon
25 matters properly within the scope of a performance audit,
26 provided that the inquiry shall be limited to matters arising
SB2111 Enrolled - 445 - LRB104 09876 LNS 19944 b
1 during the ordinary course of the financial audit.
2 (h) The Chief Internal Auditor shall conduct a performance
3 audit of an agency of the Authority when directed by the Board
4 of the Authority. The directive may:
5 (1) require the Chief Internal Auditor to examine and
6 report on specific management efficiencies or
7 cost-effectiveness proposals specified therein;
8 (2) in the case of a program audit, set forth specific
9 program objectives, responsibilities, or duties or specify
10 the program performance standards or program evaluation
11 standards to be the basis of the program audit;
12 (3) be directed at particular procedures or functions
13 established by statute, ordinance, administrative rule, or
14 precedent; and
15 (4) require an examination and report upon specific
16 proposals relating to Authority programs specified in the
17 directive.
18 (i) The Chief Internal Auditor may initiate and conduct a
19 special audit whenever the Chief Internal Auditor determines
20 it to be in the public interest.
21 (j) The Chief Internal Auditor may initiate and conduct an
22 economy and efficiency audit of an agency or program of the
23 Authority whenever the findings of a post audit indicate that
24 an economy and efficiency audit is advisable or in the public
25 interest, if the Chief Internal Auditor has given the Board of
26 the Authority at least 30 days prior notice of the Chief
SB2111 Enrolled - 446 - LRB104 09876 LNS 19944 b
1 Internal Auditor's intention to conduct the audit and the
2 Board of the Authority has not disapproved of that audit.
3 (k) The Chief Internal Auditor may, at any time, make an
4 informal inquiry of any agency of the Authority concerning its
5 obligation, receipt, expenditure, or use of Authority funds or
6 other public funds, but an internal inquiry may not be in the
7 nature of an investigation or post audit.
8 (l) The Chief Internal Auditor may adopt rules
9 establishing post audit standards consistent with attestation
10 standards and auditing standards issued by the American
11 Institute of Certified Public Accountants (AICPA), related
12 AICPA Statements on Standards for Attestation Engagements, and
13 in accordance with generally accepted government auditing
14 standards current at the time the audit is commenced.
15 (m) The Authority and the Service Boards, their officers,
16 and their employees shall promptly comply with, and aid and
17 assist the Chief Internal Auditor in the exercise of the Chief
18 Internal Auditor's powers and duties under this Section.
19 At the request of the Chief Internal Auditor, each agency
20 of the Authority shall, without delay, make available to the
21 Chief Internal Auditor or the Chief Internal Auditor's
22 designated representative any record or information requested
23 and shall provide for examination or copying all records,
24 accounts, papers, reports, vouchers, correspondence, books,
25 and other documentation in the custody of that agency,
26 including information stored in electronic data processing
SB2111 Enrolled - 447 - LRB104 09876 LNS 19944 b
1 systems, which is related to or within the scope of any audit
2 or investigation under this Section.
3 The Chief Internal Auditor shall report to the Board of
4 the Authority each instance in which an agency of the
5 Authority fails to cooperate promptly and fully as required by
6 this Section.
7 The Chief Internal Auditor may institute and maintain any
8 action or proceeding to secure compliance with this Section.
9 (n) Upon completion of any audit, the Chief Internal
10 Auditor shall issue an audit report that shall include: a
11 precise statement of the scope of the audit or review; a
12 statement of the material findings resulting from the audit; a
13 statement of the underlying cause, evaluative criteria used,
14 and the current and prospective significance thereof; and a
15 statement of explanation or rebuttal that may have been
16 submitted by the agency audited relevant to the audit findings
17 included in the report.
18 As part of this report the Chief Internal Auditor shall
19 prepare a signed digest of the significant matters of the
20 report and, as may be applicable, a concise statement of:
21 (1) any actions taken or contemplated by persons or
22 agencies after the completion of the audit but before the
23 release of the report, which bear on matters in the
24 report;
25 (2) any actions the Chief Internal Auditor considers
26 necessary or desirable; and
SB2111 Enrolled - 448 - LRB104 09876 LNS 19944 b
1 (3) any other information the Chief Internal Auditor
2 deems useful to the Board of the Authority in order to
3 understand or act on any matters presented in the audit.
4 All audit reports shall be maintained in the Office of the
5 Chief Internal Auditor as a public record, except to the
6 extent that information contained in the report is made
7 confidential or privileged by law.
8 If the post audit of an agency of the Authority discloses
9 an apparent violation of a penal statute or an apparent
10 instance of misfeasance, malfeasance, or nonfeasance, by any
11 person, relating to the obligation, expenditure, receipt, or
12 use of public funds, the Chief Internal Auditor shall
13 immediately make a written report to the Board of the
14 Authority stating that to be the case and setting forth the
15 underlying facts that have led to that conclusion.
16 (o) By March 1, each year, the Chief Internal Auditor
17 shall submit to the Board of the Authority an annual report
18 summarizing all audits, investigations, and special studies
19 made under this Section during the last preceding calendar
20 year. The Chief Internal Auditor shall prepare and distribute
21 other reports as may be required by the Board of the Authority.
22 (p) If records or information are classified as
23 confidential under law, then the records or information shall
24 be disclosed to the Office of the Chief Internal Auditor as
25 necessary and to the extent required for the performance of an
26 authorized post audit. Federal tax information shall only be
SB2111 Enrolled - 449 - LRB104 09876 LNS 19944 b
1 provided in accordance with federal law and regulations
2 applicable to the safeguarding of federal tax information.
3 Confidential records or information disclosed to the Office of
4 the Chief Internal Auditor shall be subject to the same legal
5 confidentiality and protective restrictions in the Office of
6 the Chief Internal Auditor as the records and information have
7 in the hands of the official authorized custodian. Any
8 penalties applicable to the officially authorized custodian or
9 the custodian's employees for the violation of any
10 confidentiality or protective restrictions applicable to the
11 records or information shall also apply to the officers,
12 employees, contractors, and agents of the Office of the Chief
13 Internal Auditor.
14 The Office of the Chief Internal Auditor may not publish
15 any confidential information or records in any report,
16 including data and statistics, if the information as published
17 is directly or indirectly matchable to any individual.
18 Inside the Office of the Chief Internal Auditor,
19 confidential records or information may be used only for
20 official purposes. Any officer, employee, contractor, or agent
21 of the Office of the Chief Internal Auditor who violates any
22 legal confidentiality or protective restriction governing any
23 records or information shall be guilty of a Class A
24 misdemeanor unless a greater penalty is otherwise provided by
25 law.
SB2111 Enrolled - 450 - LRB104 09876 LNS 19944 b
1 (70 ILCS 3615/7.02 new)
2 Sec. 7.02. Transition.
3 (a) The Authority shall provide for an orderly transition
4 of functions and responsibilities under this amendatory Act of
5 the 104th General Assembly through the development of a
6 transition plan. As soon as is reasonably feasible after the
7 effective date of this amendatory Act of the 104th General
8 Assembly and before September 1, 2026, the Department of
9 Transportation shall enter into a contract with a third party
10 to assist with the transition plan, including the transition
11 of certain functions between the Service Boards and the
12 Authority. This contract shall also include a study of the
13 functions outlined in subsection (e) to inform the optimum
14 allocation of those functions to allow for the efficient
15 exercise by the Authority of the powers under this Act and the
16 Chicago Transit Authority Act, the Suburban Bus Division under
17 Article 3A, the Commuter Rail Division under Article 3B, and
18 the Chicago Transit Authority under the Chicago Transit
19 Authority Act.
20 (b) To assist the contracted third party and the
21 Authority, a Transition Working Group shall be established and
22 supported by the Authority that shall be consulted throughout
23 the transition process.
24 (1) The Transition Working Group shall be made up of
25 15 members, comprised of representatives from the
26 Authority, each of the Service Boards, and at least one
SB2111 Enrolled - 451 - LRB104 09876 LNS 19944 b
1 member from a statewide labor organization recognized
2 under the National Labor Relations Act or the Railway
3 Labor Act and resides within the 6-county metropolitan
4 region of the Authority.
5 (2) The Transition Working Group shall meet regularly
6 with the Authority and the hired third party throughout
7 the duration of the contract to provide insight into the
8 workings of the Authority and Service Boards.
9 (3) As needed, the Transition Working Group shall
10 convene and assemble other necessary staff of the Service
11 Boards and the Authority to aid in the transition.
12 (4) The Authority shall appoint the members of the
13 Transition Working Group by October 1, 2026.
14 (c) The Service Boards shall work closely with the
15 Authority and provide all relevant data and information
16 necessary to complete the transition plan. The Authority shall
17 have access to and the right to examine and copy all books,
18 documents, papers, records, or other source data of a Service
19 Board relevant to any information submitted under this
20 Section.
21 (d) The Authority shall evaluate and propose a transition
22 plan for each of the following:
23 (1) Establishing a new process and coordination
24 between the Authority and the Service Boards to create the
25 5-Year Capital Program. This process shall be established
26 by January 1, 2027.
SB2111 Enrolled - 452 - LRB104 09876 LNS 19944 b
1 (2) The creation of a universal fare instrument and
2 necessary coordination between the Authority and the
3 Service Boards. This process shall be established by July
4 1, 2027.
5 (3) The transition from the NITA Law Enforcement Task
6 Force to a sworn law enforcement officer crime prevention
7 program on public transportation and a crime prevention
8 plan to protect public transportation employees and riders
9 in the metropolitan region, as required by Section
10 2.11.10.
11 (e) As part of the development of the transition plan, the
12 Authority and the hired third party shall evaluate the
13 existing policy processes performed by the Authority and each
14 of the Service Boards and develop a process for efficient and
15 effective operations by both the Authority and the Service
16 Boards.
17 (f) As part of the development of the transit plan, the
18 hired third party shall evaluate procurement, with special
19 consideration given to the consolidation of bulk fuel
20 purchases, information technology services, consulting
21 contracts, and subscriptions of:
22 (1) service planning;
23 (2) grant administration;
24 (3) marketing;
25 (4) lobbying;
26 (5) communications, media, and graphics design;
SB2111 Enrolled - 453 - LRB104 09876 LNS 19944 b
1 (6) governmental and legislative affairs; and
2 (7) information technology.
3 (g) The hired third party shall evaluate existing
4 paratransit programs and produce recommendations for improved
5 coordination and service. The recommendations may include, but
6 are not limited to, improved coordination of paratransit and
7 accessible mainline transportation services, and other
8 measures to improve the customer and worker experience. These
9 recommendations shall be brought to the Board by January 1,
10 2027 for review and approval. The Authority shall take action
11 on these recommendations no later than April 1, 2027 and
12 report back to the Board with progress January 1, 2028.
13 (h) The Authority shall regularly report to the Board on
14 the status of the transition effort and make recommendations
15 for Board policies and actions. The Authority and the hired
16 third party shall prepare and convey a summary of its
17 activities and produce a final report of the transition
18 activities already performed, future recommendations, and
19 relevant data for the General Assembly by July 1, 2027.
20 (i) The Authority shall implement the provisions of the
21 transition plan by ordinance no later than July 1, 2027,
22 notwithstanding any deadlines provided in this Section, and
23 the Service Boards shall take any corresponding actions
24 required.
25 (70 ILCS 3615/7.03 new)
SB2111 Enrolled - 454 - LRB104 09876 LNS 19944 b
1 Sec. 7.03. ADA Advisory Council.
2 (a) There is established an ADA Advisory Council. The
3 Board shall appoint at least 5 and not more than 15 members to
4 the ADA Advisory Council.
5 (b) The purpose of the ADA Advisory Council is to advise
6 the Board of the Authority of the impact of Authority
7 policies, programs, and public transportation services on
8 disabled transit riders within the metropolitan region and to
9 make recommendations for how to improve public transportation
10 in the metropolitan region.
11 (c) The Board shall strive to assemble an ADA Advisory
12 Council that is reflective of the diversity of the
13 metropolitan region, the users of the various modes of public
14 transportation, and the interests of the residents of the
15 region in a strong public transportation system.
16 (d) ADA Advisory Council members shall be appointed to
17 terms of 5 years, may be reappointed to serve multiple terms,
18 and may continue to serve after expiration of their terms
19 until their successors are appointed.
20 (e) The members of the ADA Advisory Council shall elect a
21 Chair, who shall preside over meetings, which shall occur
22 monthly or on such other schedule as is set by vote of the ADA
23 Advisory Council and shall establish meeting agendas in
24 consultation with fellow ADA Advisory Council members and the
25 Authority.
26 (f) Meetings of the ADA Advisory Council shall be held in
SB2111 Enrolled - 455 - LRB104 09876 LNS 19944 b
1 compliance with the Open Meetings Act, and the public shall be
2 given an opportunity to attend and comment on matters
3 pertaining to the work of the ADA Advisory Council.
4 (g) The Authority shall designate one or more staff
5 liaisons to provide technical support for the ADA Advisory
6 Council and to facilitate direct communication between the ADA
7 Advisory Council and those in the Authority responsible for
8 delivering public transportation services.
9 (h) The ADA Advisory Council shall:
10 (1) review and comment on proposed Authority budgets,
11 financial plans, capital programs, fare policies, and
12 service standards;
13 (2) convey concerns pertaining to the quality,
14 efficiency, safety, accessibility, and equity of mainline
15 and paratransit public transportation services as they
16 impact disabled riders;
17 (3) assess the efficacy of Authority initiatives to
18 protect the safety of disabled riders on the public
19 transportation system;
20 (4) prepare and convey recommendations to the
21 Authority for how the Authority can improve the quality,
22 efficiency, and equity of public transportation service
23 for disabled riders in the metropolitan region;
24 (5) serve as a resource for connecting disabled riders
25 and disability advocacy organizations with those in the
26 Authority responsible for delivering public transportation
SB2111 Enrolled - 456 - LRB104 09876 LNS 19944 b
1 services;
2 (6) advocate for funding, policies, and laws that
3 shall improve public transportation in the metropolitan
4 region; and
5 (7) serve as a resource for Authority staff to discuss
6 proposed changes to services, policies, and technologies
7 affecting disabled transit riders before those changes are
8 implemented.
9 (i) The Authority shall provide adequate technical support
10 so the ADA Advisory Council can function effectively, provide
11 regular briefing on service delivery issues and other topics
12 of interest for transit riders, make staff responsible for
13 delivery of public transportation services accessible to the
14 ADA Advisory Council, give the ADA Advisory Council sufficient
15 information and time to comment on proposed plans and
16 policies, and take into account the comments and
17 recommendations of the ADA Advisory Council before taking
18 action on initiatives that impact public transit riders.
19 (j) The Authority shall establish an Office of Disability
20 of Policy and Planning, whose initial responsibilities shall
21 include developing ADA-related training standards, complaint
22 and comment procedures, paratransit eligibility criteria, and
23 a regional Transit Accessibility Plan in collaboration with
24 the ADA Advisory Committee.
25 (k) Members of the ADA Advisory Council shall serve
26 without compensation but shall be entitled to reimbursement of
SB2111 Enrolled - 457 - LRB104 09876 LNS 19944 b
1 reasonable and necessary costs incurred in the performance of
2 their duties.
3 (l) ADA Advisory Council members are subject to public
4 transportation usage requirements applicable to Directors.
5 (70 ILCS 3615/7.04 new)
6 Sec. 7.04. Riders Advisory Council.
7 (a) There is established a Riders Advisory Council. The
8 Board shall appoint at least 5 and not more than 15 members to
9 the Riders Advisory Council.
10 (b) The purpose of the Riders Advisory Council is to
11 advise the Board of the Authority on the impact of Authority
12 policies, programs, and public transportation services on
13 transit riders within the metropolitan region and to make
14 recommendations for how to improve public transportation in
15 the metropolitan region.
16 (c) The Board shall strive to assemble a Riders Advisory
17 Council that is reflective of the diversity of the
18 metropolitan region, the users of the various modes of public
19 transportation, and the interests of the residents of the
20 region in a strong public transportation system.
21 (d) Members of the Riders Advisory Council shall be
22 appointed to terms of 5 years, may be reappointed to serve
23 multiple terms, and may continue to serve after expiration of
24 their terms until their successors are appointed.
25 (e) The members of the Riders Advisory Council shall elect
SB2111 Enrolled - 458 - LRB104 09876 LNS 19944 b
1 a Chair, who shall preside over meetings, which shall occur
2 monthly or on such other schedule as is set by vote of the
3 Riders Advisory Council, and shall establish meeting agendas
4 in consultation with fellow Riders Advisory Council members
5 and the Authority.
6 (f) Meetings of the Riders Advisory Council shall be held
7 in compliance with the Open Meetings Act, and the public shall
8 be given an opportunity to attend and comment on matters
9 pertaining to the work of the Riders Advisory Council.
10 (g) The Authority shall designate one or more staff
11 liaisons to provide technical support for the Riders Advisory
12 Council and to facilitate direct communication between the
13 Riders Advisory Council and those in the Authority responsible
14 for delivering public transportation services.
15 (h) The Riders Advisory Council shall:
16 (1) review and comment on proposed Authority budgets,
17 financial plans, capital programs, fare policies, and
18 service standards;
19 (2) convey rider concerns pertaining to the quality,
20 efficiency, safety, accessibility, and equity of public
21 transportation services;
22 (3) assess the efficacy of Authority initiatives to
23 protect the safety of riders on the public transportation
24 system;
25 (4) prepare and convey recommendations to the
26 Authority for how the Authority can improve the quality,
SB2111 Enrolled - 459 - LRB104 09876 LNS 19944 b
1 efficiency, and equity of public transportation service in
2 the metropolitan region;
3 (5) serve as a resource for connecting riders and
4 rider advocacy organizations with those in the Authority
5 responsible for delivering public transportation services;
6 (6) advocate for funding, policies, and laws that
7 shall improve public transportation in the metropolitan
8 region; and
9 (7) serve as a resource for Authority staff to discuss
10 proposed changes to services, policies, and technologies
11 affecting transit riders before those changes are
12 Implemented.
13 (i) The Authority shall provide adequate technical support
14 so the Riders Advisory Council can function effectively,
15 provide regular briefing on service delivery issues and other
16 topics of interest for transit riders, make staff responsible
17 for delivery of public transportation services accessible to
18 the Riders Advisory Council, give the Riders Advisory Council
19 sufficient information and time to comment on proposed plans
20 and policies, and take into account the comments and
21 recommendations of the Riders Advisory Council before taking
22 action on initiatives that impact public transit riders.
23 (j) Members of the Riders Advisory Council shall serve
24 without compensation but shall be entitled to reimbursement of
25 reasonable and necessary costs incurred in the performance of
26 their duties.
SB2111 Enrolled - 460 - LRB104 09876 LNS 19944 b
1 (k) Riders Advisory Council members are subject to public
2 transportation system usage requirements applicable to
3 Directors.
4 (70 ILCS 3615/2.13a rep.)
5 (70 ILCS 3615/2.37 rep.)
6 (70 ILCS 3615/3.08 rep.)
7 (70 ILCS 3615/3.11 rep.)
8 (70 ILCS 3615/3.12 rep.)
9 (70 ILCS 3615/3A.10 rep.)
10 (70 ILCS 3615/3A.11 rep.)
11 (70 ILCS 3615/3A.15 rep.)
12 (70 ILCS 3615/3A.16 rep.)
13 (70 ILCS 3615/3B.09b rep.)
14 (70 ILCS 3615/3B.10 rep.)
15 (70 ILCS 3615/3B.11 rep.)
16 (70 ILCS 3615/3B.14 rep.)
17 (70 ILCS 3615/3B.15 rep.)
18 (70 ILCS 3615/3B.25 rep.)
19 Section 5-915. The Regional Transportation Authority Act
20 is amended by repealing Sections 2.13a, 2.37, 3.08, 3.11,
21 3.12, 3A.10, 3A.11, 3A.15, 3A.16, 3B.09b, 3B.10, 3B.11, 3B.14,
22 3B.15, and 3B.25.
23 Section 5-920. The Illinois Vehicle Code is amended by
24 changing Sections 18c-7401 and 18c-7402 as follows:
SB2111 Enrolled - 461 - LRB104 09876 LNS 19944 b
1 (625 ILCS 5/18c-7401) (from Ch. 95 1/2, par. 18c-7401)
2 Sec. 18c-7401. Safety requirements for track, facilities,
3 and equipment.
4 (1) General Requirements. Each rail carrier shall,
5 consistent with rules, orders, and regulations of the Federal
6 Railroad Administration, construct, maintain, and operate all
7 of its equipment, track, and other property in this State in
8 such a manner as to pose no undue risk to its employees or the
9 person or property of any member of the public.
10 (2) Adoption of Federal Standards. The track safety
11 standards and accident/incident standards promulgated by the
12 Federal Railroad Administration shall be safety standards of
13 the Commission. The Commission may, in addition, adopt by
14 reference in its regulations other federal railroad safety
15 standards, whether contained in federal statutes or in
16 regulations adopted pursuant to such statutes.
17 (3) Railroad Crossings. No public road, highway, or street
18 shall hereafter be constructed across the track of any rail
19 carrier at grade, nor shall the track of any rail carrier be
20 constructed across a public road, highway or street at grade,
21 without having first secured the permission of the Commission;
22 provided, that this Section shall not apply to the replacement
23 of lawfully existing roads, highways, and tracks. No public
24 pedestrian bridge or subway shall be constructed across the
25 track of any rail carrier without having first secured the
SB2111 Enrolled - 462 - LRB104 09876 LNS 19944 b
1 permission of the Commission. The Commission shall have the
2 right to refuse its permission or to grant it upon such terms
3 and conditions as it may prescribe. The Commission shall have
4 power to determine and prescribe the manner, including the
5 particular point of crossing, and the terms of installation,
6 operation, maintenance, use, and protection of each such
7 crossing.
8 The Commission shall also have power, after a hearing, to
9 require major alteration of or to abolish any crossing,
10 heretofore or hereafter established, when in its opinion, the
11 public safety requires such alteration or abolition, and,
12 except in cities, villages, and incorporated towns of
13 1,000,000 or more inhabitants, to vacate and close that part
14 of the highway on such crossing altered or abolished and cause
15 barricades to be erected across such highway in such manner as
16 to prevent the use of such crossing as a highway, when, in the
17 opinion of the Commission, the public convenience served by
18 the crossing in question is not such as to justify the further
19 retention thereof; or to require a separation of grades, at
20 railroad-highway grade crossings; or to require a separation
21 of grades at any proposed crossing where a proposed public
22 highway may cross the tracks of any rail carrier or carriers;
23 and to prescribe, after a hearing of the parties, the terms
24 upon which such separations shall be made and the proportion
25 in which the expense of the alteration or abolition of such
26 crossings or the separation of such grades, having regard to
SB2111 Enrolled - 463 - LRB104 09876 LNS 19944 b
1 the benefits, if any, accruing to the rail carrier or any party
2 in interest, shall be divided between the rail carrier or
3 carriers affected, or between such carrier or carriers and the
4 State, county, municipality or other public authority in
5 interest. However, a public hearing by the Commission to
6 abolish a crossing shall not be required when the public
7 highway authority in interest vacates the highway. In such
8 instance the rail carrier, following notification to the
9 Commission and the highway authority, shall remove any grade
10 crossing warning devices and the grade crossing surface.
11 The Commission shall also have power by its order to
12 require the reconstruction, minor alteration, minor
13 relocation, or improvement of any crossing (including the
14 necessary highway approaches thereto) of any railroad across
15 any highway or public road, pedestrian bridge, or pedestrian
16 subway, whether such crossing be at grade or by overhead
17 structure or by subway, whenever the Commission finds after a
18 hearing or without a hearing as otherwise provided in this
19 paragraph that such reconstruction, alteration, relocation, or
20 improvement is necessary to preserve or promote the safety or
21 convenience of the public or of the employees or passengers of
22 such rail carrier or carriers. By its original order or
23 supplemental orders in such case, the Commission may direct
24 such reconstruction, alteration, relocation, or improvement to
25 be made in such manner and upon such terms and conditions as
26 may be reasonable and necessary and may apportion the cost of
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1 such reconstruction, alteration, relocation, or improvement
2 and the subsequent maintenance thereof, having regard to the
3 benefits, if any, accruing to the railroad or any party in
4 interest, between the rail carrier or carriers and public
5 utilities affected, or between such carrier or carriers and
6 public utilities and the State, county, municipality or other
7 public authority in interest. The cost to be so apportioned
8 shall include the cost of changes or alterations in the
9 equipment of public utilities affected as well as the cost of
10 the relocation, diversion or establishment of any public
11 highway, made necessary by such reconstruction, alteration,
12 relocation, or improvement of said crossing. A hearing shall
13 not be required in those instances when the Commission enters
14 an order confirming a written stipulation in which the
15 Commission, the public highway authority or other public
16 authority in interest, the rail carrier or carriers affected,
17 and in instances involving the use of the Grade Crossing
18 Protection Fund, the Illinois Department of Transportation,
19 agree on the reconstruction, alteration, relocation, or
20 improvement and the subsequent maintenance thereof and the
21 division of costs of such changes of any grade crossing
22 (including the necessary highway approaches thereto) of any
23 railroad across any highway, pedestrian bridge, or pedestrian
24 subway.
25 The Commission shall also have power to enter into
26 stipulated agreements with a rail carrier or rail carriers or
SB2111 Enrolled - 465 - LRB104 09876 LNS 19944 b
1 public authorities to fund, provide, install, and maintain
2 safety treatments to deter trespassing on railroad property in
3 accordance with paragraph (1) of Section 18c-7503 at locations
4 approved by such rail carrier or rail carriers following a
5 diagnostic evaluation between the Commission and the rail
6 carrier or rail carriers, including any public authority in
7 interest or the Federal Railroad Administration, and to order
8 the allocation of the cost of those treatments and their
9 installation and maintenance from the Grade Crossing
10 Protection Fund. Safety treatments approved under this
11 paragraph by the Commission shall be deemed adequate and
12 appropriate.
13 Every rail carrier operating in the State of Illinois
14 shall construct and maintain every highway crossing over its
15 tracks within the State so that the roadway at the
16 intersection shall be as flush with the rails as superelevated
17 curves will allow, and, unless otherwise ordered by the
18 Commission, shall construct and maintain the approaches
19 thereto at a grade of not more than 5% within the right-of-way
20 right of way for a distance of not less the 6 feet on each side
21 of the centerline of such tracks; provided, that the grades at
22 the approaches may be maintained in excess of 5% only when
23 authorized by the Commission.
24 Every rail carrier operating within this State shall
25 remove from its right-of-way right of way at all
26 railroad-highway grade crossings within the State, such brush,
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1 shrubbery, and trees as is reasonably practical for a distance
2 of not less than 500 feet in either direction from each grade
3 crossing. The Commission shall have power, upon its own
4 motion, or upon complaint, and after having made proper
5 investigation, to require the installation of adequate and
6 appropriate luminous reflective warning signs, luminous
7 flashing signals, crossing gates illuminated at night, or
8 other protective devices in order to promote and safeguard the
9 health and safety of the public. Luminous flashing signal or
10 crossing gate devices installed at grade crossings, which have
11 been approved by the Commission, shall be deemed adequate and
12 appropriate. The Commission shall have authority to determine
13 the number, type, and location of such signs, signals, gates,
14 or other protective devices which, however, shall conform as
15 near as may be with generally recognized national standards,
16 and the Commission shall have authority to prescribe the
17 division of the cost of the installation and subsequent
18 maintenance of such signs, signals, gates, or other protective
19 devices between the rail carrier or carriers, the public
20 highway authority or other public authority in interest, and
21 in instances involving the use of the Grade Crossing
22 Protection Fund, the Illinois Department of Transportation.
23 Except where train crews provide flagging of the crossing to
24 road users, yield signs shall be installed at all highway
25 intersections with every grade crossing in this State that is
26 not equipped with automatic warning devices, such as luminous
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1 flashing signals or crossing gate devices. A stop sign may be
2 used in lieu of the yield sign when an engineering study
3 conducted in cooperation with the highway authority and the
4 Illinois Department of Transportation has determined that a
5 stop sign is warranted. If the Commission has ordered the
6 installation of luminous flashing signal or crossing gate
7 devices at a grade crossing not equipped with active warning
8 devices, the Commission shall order the installation of
9 temporary stop signs at the highway intersection with the
10 grade crossing unless an engineering study has determined that
11 a stop sign is not appropriate. If a stop sign is not
12 appropriate, the Commission may order the installation of
13 other appropriate supplemental signing as determined by an
14 engineering study. The temporary signs shall remain in place
15 until the luminous flashing signal or crossing gate devices
16 have been installed. The rail carrier is responsible for the
17 installation and subsequent maintenance of any required signs.
18 The permanent signs shall be in place by July 1, 2011.
19 No railroad may change or modify the warning device system
20 at a railroad-highway grade crossing, including warning
21 systems interconnected with highway traffic control signals,
22 without having first received the approval of the Commission.
23 The Commission shall have the further power, upon application,
24 upon its own motion, or upon complaint and after having made
25 proper investigation, to require the interconnection of grade
26 crossing warning devices with traffic control signals at
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1 highway intersections located at or near railroad crossings
2 within the distances described by the State Manual on Uniform
3 Traffic Control Devices adopted pursuant to Section 11-301 of
4 this Code. In addition, State and local authorities may not
5 install, remove, modernize, or otherwise modify traffic
6 control signals at a highway intersection that is
7 interconnected or proposed to be interconnected with grade
8 crossing warning devices when the change affects the number,
9 type, or location of traffic control devices on the track
10 approach leg or legs of the intersection or the timing of the
11 railroad preemption sequence of operation until the Commission
12 has approved the installation, removal, modernization, or
13 modification. Commission approval shall be limited to
14 consideration of issues directly affecting the public safety
15 at the railroad-highway grade crossing. The electrical circuit
16 devices, alternate warning devices, and preemption sequences
17 shall conform as nearly as possible, considering the
18 particular characteristics of the crossing and intersection
19 area, to the State manual adopted by the Illinois Department
20 of Transportation pursuant to Section 11-301 of this Code and
21 such federal standards as are made applicable by subsection
22 (2) of this Section. In order to carry out this authority, the
23 Commission shall have the authority to determine the number,
24 type, and location of traffic control devices on the track
25 approach leg or legs of the intersection and the timing of the
26 railroad preemption sequence of operation. The Commission
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1 shall prescribe the division of costs for installation and
2 maintenance of all devices required by this paragraph between
3 the railroad or railroads and the highway authority in
4 interest and in instances involving the use of the Grade
5 Crossing Protection Fund or a State highway, the Illinois
6 Department of Transportation.
7 Any person who unlawfully or maliciously removes, throws
8 down, damages or defaces any sign, signal, gate, or other
9 protective device, located at or near any public grade
10 crossing, shall be guilty of a petty offense and fined not less
11 than $50 nor more than $200 for each offense. In addition to
12 fines levied under the provisions of this Section a person
13 adjudged guilty hereunder may also be directed to make
14 restitution for the costs of repair or replacement, or both,
15 necessitated by his misconduct.
16 It is the public policy of the State of Illinois to enhance
17 public safety by establishing safe grade crossings. In order
18 to implement this policy, the Illinois Commerce Commission is
19 directed to conduct public hearings and to adopt specific
20 criteria by July 1, 1994, that shall be adhered to by the
21 Illinois Commerce Commission in determining if a grade
22 crossing should be opened or abolished. The following factors
23 shall be considered by the Illinois Commerce Commission in
24 developing the specific criteria for opening and abolishing
25 grade crossings:
26 (a) timetable speed of passenger trains;
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1 (b) distance to an alternate crossing;
2 (c) accident history for the last 5 years;
3 (d) number of vehicular traffic and posted speed
4 limits;
5 (e) number of freight trains and their timetable
6 speeds;
7 (f) the type of warning device present at the grade
8 crossing;
9 (g) alignments of the roadway and railroad, and the
10 angle of intersection of those alignments;
11 (h) use of the grade crossing by trucks carrying
12 hazardous materials, vehicles carrying passengers for
13 hire, and school buses; and
14 (i) use of the grade crossing by emergency vehicles.
15 The Illinois Commerce Commission, upon petition to open or
16 abolish a grade crossing, shall enter an order opening or
17 abolishing the crossing if it meets the specific criteria
18 adopted by the Commission.
19 Except as otherwise provided in this subsection (3), in no
20 instance shall a grade crossing be permanently closed without
21 public hearing first being held and notice of such hearing
22 being published in an area newspaper of local general
23 circulation.
24 (4) Freight Trains; Radio Communications. The Commission
25 shall after hearing and order require that every main line
26 railroad freight train operating on main tracks outside of
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1 yard limits within this State shall be equipped with a radio
2 communication system. The Commission after notice and hearing
3 may grant exemptions from the requirements of this Section as
4 to secondary and branch lines.
5 (5) Railroad Bridges and Trestles; Walkway and Handrail.
6 In cases in which the Commission finds the same to be practical
7 and necessary for safety of railroad employees, bridges and
8 trestles, over and upon which railroad trains are operated,
9 shall include as a part thereof, a safe and suitable walkway
10 and handrail on one side only of such bridge or trestle, and
11 such handrail shall be located at the outer edge of the walkway
12 and shall provide a clearance of not less than 8 feet, 6
13 inches, from the center line of the nearest track, measured at
14 right angles thereto.
15 (6) Packages Containing Articles for First Aid to Injured
16 on Trains.
17 (a) All rail carriers shall provide a first aid kit
18 that contains, at a minimum, those articles prescribed by
19 the Commission, on each train or engine, for first aid to
20 persons who may be injured in the course of the operation
21 of such trains.
22 (b) A vehicle, excluding a taxi cab used in an
23 emergency situation, operated by a contract carrier
24 transporting railroad employees in the course of their
25 employment shall be equipped with a readily available
26 first aid kit that contains, as a minimum, the same
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1 articles that are required on each train or engine.
2 (7) Abandoned Bridges, Crossings, and Other Rail Plant.
3 The Commission shall have authority, after notice and hearing,
4 to order:
5 (a) the removal of any abandoned railroad tracks from
6 roads, streets or other thoroughfares in this State; and
7 (b) the removal of abandoned overhead railroad
8 structures crossing highways, waterways, or railroads.
9 The Commission may equitably apportion the cost of such
10 actions between the rail carrier or carriers, public
11 utilities, and the State, county, municipality, township, road
12 district, or other public authority in interest.
13 (8) Railroad-Highway Bridge Clearance. A vertical
14 clearance of not less than 23 feet above the top of rail shall
15 be provided for all new or reconstructed highway bridges
16 constructed over a railroad track. The Commission may permit a
17 lesser clearance if it determines that the 23-foot clearance
18 standard cannot be justified based on engineering,
19 operational, and economic conditions.
20 (9) Right of Access To Railroad Property.
21 (a) A community antenna television company franchised
22 by a municipality or county pursuant to the Illinois
23 Municipal Code or the Counties Code, respectively, shall
24 not enter upon any real estate or rights-of-way in the
25 possession or control of a railroad subject to the
26 jurisdiction of the Illinois Commerce Commission unless
SB2111 Enrolled - 473 - LRB104 09876 LNS 19944 b
1 the community antenna television company first complies
2 with the applicable provisions of subparagraph (f) of
3 Section 11-42-11.1 of the Illinois Municipal Code or
4 subparagraph (f) of Section 5-1096 of the Counties Code.
5 (b) Notwithstanding any provision of law to the
6 contrary, this subsection (9) applies to all entries of
7 railroad rights-of-way involving a railroad subject to the
8 jurisdiction of the Illinois Commerce Commission by a
9 community antenna television company and shall govern in
10 the event of any conflict with any other provision of law.
11 (c) This subsection (9) applies to any entry upon any
12 real estate or right-of-way in the possession or control
13 of a railroad subject to the jurisdiction of the Illinois
14 Commerce Commission for the purpose of or in connection
15 with the construction, or installation of a community
16 antenna television company's system or facilities
17 commenced or renewed on or after August 22, 2017 (the
18 effective date of Public Act 100-251).
19 (d) Nothing in Public Act 100-251 shall be construed
20 to prevent a railroad from negotiating other terms and
21 conditions or the resolution of any dispute in relation to
22 an entry upon or right of access as set forth in this
23 subsection (9).
24 (e) For purposes of this subsection (9):
25 "Broadband service", "cable operator", and "holder"
26 have the meanings given to those terms under Section
SB2111 Enrolled - 474 - LRB104 09876 LNS 19944 b
1 21-201 of the Public Utilities Act.
2 "Community antenna television company" includes, in
3 the case of real estate or rights-of-way in possession of
4 or in control of a railroad, a holder, cable operator, or
5 broadband service provider.
6 (f) Beginning on August 22, 2017 (the effective date
7 of Public Act 100-251), the Transportation Division of the
8 Illinois Commerce Commission shall include in its annual
9 Crossing Safety Improvement Program report a brief
10 description of the number of cases decided by the Illinois
11 Commerce Commission and the number of cases that remain
12 pending before the Illinois Commerce Commission under this
13 subsection (9) for the period covered by the report.
14 (10) The Commuter Rail Division of the Northern Illinois
15 Transit Authority shall be treated as a rail carrier subject
16 to the Illinois Commerce Commission's safety requirements for
17 track, facilities, and equipment in accordance with Section
18 18c-7401 and eligible to receive money from the Grade Crossing
19 Protection Fund or any fund of the State or other source
20 available for purposes of promoting safety and separation of
21 at-grade railroad crossings or highway improvements.
22 (Source: P.A. 101-81, eff. 7-12-19; 102-16, eff. 6-17-21.)
23 (625 ILCS 5/18c-7402) (from Ch. 95 1/2, par. 18c-7402)
24 Sec. 18c-7402. Safety requirements for railroad
25 operations.
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1 (1) Obstruction of crossings.
2 (a) Obstruction of emergency vehicles. Every railroad
3 shall be operated in such a manner as to minimize
4 obstruction of emergency vehicles at crossings. Where such
5 obstruction occurs and the train crew is aware of the
6 obstruction, the train crew shall immediately take any
7 action, consistent with safe operating procedure,
8 necessary to remove the obstruction. In the Chicago and
9 St. Louis switching districts, every railroad dispatcher
10 or other person responsible for the movement of railroad
11 equipment in a specific area who receives notification
12 that railroad equipment is obstructing the movement of an
13 emergency vehicle at any crossing within such area shall
14 immediately notify the train crew through use of existing
15 communication facilities. Upon notification, the train
16 crew shall take immediate action in accordance with this
17 paragraph.
18 (b) Obstruction of highway at grade crossing
19 prohibited. It is unlawful for a rail carrier to permit
20 any train, railroad car or engine to obstruct public
21 travel at a railroad-highway grade crossing for a period
22 in excess of 10 minutes, except where such train or
23 railroad car is continuously moving or cannot be moved by
24 reason of circumstances over which the rail carrier has no
25 reasonable control.
26 In a county with a population of greater than
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1 1,000,000, as determined by the most recent federal
2 census, during the hours of 7:00 a.m. through 9:00 a.m.
3 and 4:00 p.m. through 6:00 p.m. it is unlawful for a rail
4 carrier to permit any single train or railroad car to
5 obstruct public travel at a railroad-highway grade
6 crossing in excess of a total of 10 minutes during a 30
7 minute period, except where the train or railroad car
8 cannot be moved by reason or circumstances over which the
9 rail carrier has no reasonable control. Under no
10 circumstances will a moving train be stopped for the
11 purposes of issuing a citation related to this Section.
12 However, no employee acting under the rules or orders
13 of the rail carrier or its supervisory personnel may be
14 prosecuted for a violation of this subsection (b).
15 (c) Punishment for obstruction of grade crossing. Any
16 rail carrier violating paragraph (b) of this subsection
17 shall be guilty of a petty offense and fined not less than
18 $200 nor more than $500 if the duration of the obstruction
19 is in excess of 10 minutes but no longer than 15 minutes.
20 If the duration of the obstruction exceeds 15 minutes the
21 violation shall be a business offense and the following
22 fines shall be imposed: if the duration of the obstruction
23 is in excess of 15 minutes but no longer than 20 minutes,
24 the fine shall be $500; if the duration of the obstruction
25 is in excess of 20 minutes but no longer than 25 minutes,
26 the fine shall be $700; if the duration of the obstruction
SB2111 Enrolled - 477 - LRB104 09876 LNS 19944 b
1 is in excess of 25 minutes, but no longer than 30 minutes,
2 the fine shall be $900; if the duration of the obstruction
3 is in excess of 30 minutes but no longer than 35 minutes,
4 the fine shall be $1,000; if the duration of the
5 obstruction is in excess of 35 minutes, the fine shall be
6 $1,000 plus an additional $500 for each 5 minutes of
7 obstruction in excess of 25 minutes of obstruction.
8 (2) Other operational requirements.
9 (a) Bell and whistle-crossings. Every rail carrier and
10 the Commuter Rail Division of the Northern Illinois
11 Transit Authority shall cause a bell, and a whistle or
12 horn to be placed and kept on each locomotive, and shall
13 cause the same to be rung or sounded by the engineer or
14 fireman, at the distance of at least 1,320 feet, from the
15 place where the railroad crosses or intersects any public
16 highway, and shall be kept ringing or sounding until the
17 highway is reached; provided that at crossings where the
18 Commission shall by order direct, only after a hearing has
19 been held to determine the public is reasonably and
20 sufficiently protected, the rail carrier may be excused
21 from giving warning provided by this paragraph.
22 (a-5) The requirements of paragraph (a) of this
23 subsection (2) regarding ringing a bell and sounding a
24 whistle or horn do not apply at a railroad crossing that
25 has a permanently installed automated audible warning
26 device authorized by the Commission under Section
SB2111 Enrolled - 478 - LRB104 09876 LNS 19944 b
1 18c-7402.1 that sounds automatically when an approaching
2 train is at least 1,320 feet from the crossing and that
3 keeps sounding until the lead locomotive has crossed the
4 highway. The engineer or fireman may ring the bell or
5 sound the whistle or horn at a railroad crossing that has a
6 permanently installed audible warning device.
7 (b) Speed limits. Each rail carrier shall operate its
8 trains in compliance with speed limits set by the
9 Commission. The Commission may set train speed limits only
10 where such limits are necessitated by extraordinary
11 circumstances affecting the public safety, and shall
12 maintain such train speed limits in effect only for such
13 time as the extraordinary circumstances prevail.
14 The Commission and the Department of Transportation
15 shall conduct a study of the relation between train speeds
16 and railroad-highway grade crossing safety. The Commission
17 shall report the findings of the study to the General
18 Assembly no later than January 5, 1997.
19 (c) Special speed limit; pilot project. The Commission
20 and the Board of the Commuter Rail Division of the
21 Northern Illinois Transit Regional Transportation
22 Authority shall conduct a pilot project in the Village of
23 Fox River Grove, the site of the fatal school bus crash at
24 a railroad crossing on October 25, 1995, in order to
25 improve railroad crossing safety. For this project, the
26 Commission is directed to set the maximum train speed
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1 limit for Northern Illinois Transit Regional
2 Transportation Authority trains at 50 miles per hour at
3 intersections on that portion of the intrastate rail line
4 located in the Village of Fox River Grove. If the Northern
5 Illinois Transit Regional Transportation Authority
6 deliberately fails to comply with this maximum speed
7 limit, then any entity, governmental or otherwise, that
8 provides capital or operational funds to the Northern
9 Illinois Transit Regional Transportation Authority shall
10 appropriately reduce or eliminate that funding. The
11 Commission shall report to the Governor and the General
12 Assembly on the results of this pilot project in January
13 1999, January 2000, and January 2001. The Commission shall
14 also submit a final report on the pilot project to the
15 Governor and the General Assembly in January 2001. The
16 provisions of this subsection (c), other than this
17 sentence, are inoperative after February 1, 2001.
18 (d) Freight train crew size. No rail carrier shall
19 operate or cause to operate a train or light engine used in
20 connection with the movement of freight unless it has an
21 operating crew consisting of at least 2 individuals. The
22 minimum freight train crew size indicated in this
23 subsection (d) shall remain in effect until a federal law
24 or rule encompassing the subject matter has been adopted.
25 The Commission, with respect to freight train crew member
26 size under this subsection (d), has the power to conduct
SB2111 Enrolled - 480 - LRB104 09876 LNS 19944 b
1 evidentiary hearings, make findings, and issue and enforce
2 orders, including sanctions under Section 18c-1704 of this
3 Chapter. As used in this subsection (d), "train or light
4 engine" does not include trains operated by a hostler
5 service or utility employees.
6 (3) Report and investigation of rail accidents.
7 (a) Reports. Every rail carrier and the Commuter Rail
8 Division of the Northern Illinois Transit Authority shall
9 report to the Commission, by the speediest means possible,
10 whether telephone, telegraph, or otherwise, every accident
11 involving its equipment, track, or other property which
12 resulted in loss of life to any person. In addition, such
13 carriers shall file a written report with the Commission.
14 Reports submitted under this paragraph shall be strictly
15 confidential, shall be specifically prohibited from
16 disclosure, and shall not be admissible in any
17 administrative or judicial proceeding relating to the
18 accidents reported.
19 (b) Investigations. The Commission may investigate all
20 railroad accidents reported to it or of which it acquires
21 knowledge independent of reports made by rail carriers or
22 the Commuter Rail Division of the Northern Illinois
23 Transit Authority, and shall have the power, consistent
24 with standards and procedures established under the
25 Federal Railroad Safety Act, as amended, to enter such
26 temporary orders as will minimize the risk of future
SB2111 Enrolled - 481 - LRB104 09876 LNS 19944 b
1 accidents pending notice, hearing, and final action by the
2 Commission.
3 (Source: P.A. 101-294, eff. 1-1-20; 102-982, eff. 7-1-23.)
4 Section 5-925. The Eminent Domain Act is amended by
5 changing Section 15-5-15 as follows:
6 (735 ILCS 30/15-5-15)
7 Sec. 15-5-15. Eminent domain powers in ILCS Chapters 70
8 through 75. The following provisions of law may include
9 express grants of the power to acquire property by
10 condemnation or eminent domain:
11 (70 ILCS 5/8.02 and 5/9); Airport Authorities Act; airport
12 authorities; for public airport facilities.
13 (70 ILCS 5/8.05 and 5/9); Airport Authorities Act; airport
14 authorities; for removal of airport hazards.
15 (70 ILCS 5/8.06 and 5/9); Airport Authorities Act; airport
16 authorities; for reduction of the height of objects or
17 structures.
18 (70 ILCS 10/4); Interstate Airport Authorities Act; interstate
19 airport authorities; for general purposes.
20 (70 ILCS 15/3); Kankakee River Valley Area Airport Authority
21 Act; Kankakee River Valley Area Airport Authority; for
22 acquisition of land for airports.
23 (70 ILCS 200/2-20); Civic Center Code; civic center
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1 authorities; for grounds, centers, buildings, and parking.
2 (70 ILCS 200/5-35); Civic Center Code; Aledo Civic Center
3 Authority; for grounds, centers, buildings, and parking.
4 (70 ILCS 200/10-15); Civic Center Code; Aurora Metropolitan
5 Exposition, Auditorium and Office Building Authority; for
6 grounds, centers, buildings, and parking.
7 (70 ILCS 200/15-40); Civic Center Code; Benton Civic Center
8 Authority; for grounds, centers, buildings, and parking.
9 (70 ILCS 200/20-15); Civic Center Code; Bloomington Civic
10 Center Authority; for grounds, centers, buildings, and
11 parking.
12 (70 ILCS 200/35-35); Civic Center Code; Brownstown Park
13 District Civic Center Authority; for grounds, centers,
14 buildings, and parking.
15 (70 ILCS 200/40-35); Civic Center Code; Carbondale Civic
16 Center Authority; for grounds, centers, buildings, and
17 parking.
18 (70 ILCS 200/55-60); Civic Center Code; Chicago South Civic
19 Center Authority; for grounds, centers, buildings, and
20 parking.
21 (70 ILCS 200/60-30); Civic Center Code; Collinsville
22 Metropolitan Exposition, Auditorium and Office Building
23 Authority; for grounds, centers, buildings, and parking.
24 (70 ILCS 200/70-35); Civic Center Code; Crystal Lake Civic
25 Center Authority; for grounds, centers, buildings, and
26 parking.
SB2111 Enrolled - 483 - LRB104 09876 LNS 19944 b
1 (70 ILCS 200/75-20); Civic Center Code; Decatur Metropolitan
2 Exposition, Auditorium and Office Building Authority; for
3 grounds, centers, buildings, and parking.
4 (70 ILCS 200/80-15); Civic Center Code; DuPage County
5 Metropolitan Exposition, Auditorium and Office Building
6 Authority; for grounds, centers, buildings, and parking.
7 (70 ILCS 200/85-35); Civic Center Code; Elgin Metropolitan
8 Exposition, Auditorium and Office Building Authority; for
9 grounds, centers, buildings, and parking.
10 (70 ILCS 200/95-25); Civic Center Code; Herrin Metropolitan
11 Exposition, Auditorium and Office Building Authority; for
12 grounds, centers, buildings, and parking.
13 (70 ILCS 200/110-35); Civic Center Code; Illinois Valley Civic
14 Center Authority; for grounds, centers, buildings, and
15 parking.
16 (70 ILCS 200/115-35); Civic Center Code; Jasper County Civic
17 Center Authority; for grounds, centers, buildings, and
18 parking.
19 (70 ILCS 200/120-25); Civic Center Code; Jefferson County
20 Metropolitan Exposition, Auditorium and Office Building
21 Authority; for grounds, centers, buildings, and parking.
22 (70 ILCS 200/125-15); Civic Center Code; Jo Daviess County
23 Civic Center Authority; for grounds, centers, buildings,
24 and parking.
25 (70 ILCS 200/130-30); Civic Center Code; Katherine Dunham
26 Metropolitan Exposition, Auditorium and Office Building
SB2111 Enrolled - 484 - LRB104 09876 LNS 19944 b
1 Authority; for grounds, centers, buildings, and parking.
2 (70 ILCS 200/145-35); Civic Center Code; Marengo Civic Center
3 Authority; for grounds, centers, buildings, and parking.
4 (70 ILCS 200/150-35); Civic Center Code; Mason County Civic
5 Center Authority; for grounds, centers, buildings, and
6 parking.
7 (70 ILCS 200/155-15); Civic Center Code; Matteson Metropolitan
8 Civic Center Authority; for grounds, centers, buildings,
9 and parking.
10 (70 ILCS 200/160-35); Civic Center Code; Maywood Civic Center
11 Authority; for grounds, centers, buildings, and parking.
12 (70 ILCS 200/165-35); Civic Center Code; Melrose Park
13 Metropolitan Exposition Auditorium and Office Building
14 Authority; for grounds, centers, buildings, and parking.
15 (70 ILCS 200/170-20); Civic Center Code; certain Metropolitan
16 Exposition, Auditorium and Office Building Authorities;
17 for general purposes.
18 (70 ILCS 200/180-35); Civic Center Code; Normal Civic Center
19 Authority; for grounds, centers, buildings, and parking.
20 (70 ILCS 200/185-15); Civic Center Code; Oak Park Civic Center
21 Authority; for grounds, centers, buildings, and parking.
22 (70 ILCS 200/195-35); Civic Center Code; Ottawa Civic Center
23 Authority; for grounds, centers, buildings, and parking.
24 (70 ILCS 200/200-15); Civic Center Code; Pekin Civic Center
25 Authority; for grounds, centers, buildings, and parking.
26 (70 ILCS 200/205-15); Civic Center Code; Peoria Civic Center
SB2111 Enrolled - 485 - LRB104 09876 LNS 19944 b
1 Authority; for grounds, centers, buildings, and parking.
2 (70 ILCS 200/210-35); Civic Center Code; Pontiac Civic Center
3 Authority; for grounds, centers, buildings, and parking.
4 (70 ILCS 200/215-15); Civic Center Code; Illinois Quad City
5 Civic Center Authority; for grounds, centers, buildings,
6 and parking.
7 (70 ILCS 200/220-30); Civic Center Code; Quincy Metropolitan
8 Exposition, Auditorium and Office Building Authority; for
9 grounds, centers, buildings, and parking.
10 (70 ILCS 200/225-35); Civic Center Code; Randolph County Civic
11 Center Authority; for grounds, centers, buildings, and
12 parking.
13 (70 ILCS 200/230-35); Civic Center Code; River Forest
14 Metropolitan Exposition, Auditorium and Office Building
15 Authority; for grounds, centers, buildings, and parking.
16 (70 ILCS 200/235-40); Civic Center Code; Riverside Civic
17 Center Authority; for grounds, centers, buildings, and
18 parking.
19 (70 ILCS 200/245-35); Civic Center Code; Salem Civic Center
20 Authority; for grounds, centers, buildings, and parking.
21 (70 ILCS 200/255-20); Civic Center Code; Springfield
22 Metropolitan Exposition and Auditorium Authority; for
23 grounds, centers, and parking.
24 (70 ILCS 200/260-35); Civic Center Code; Sterling Metropolitan
25 Exposition, Auditorium and Office Building Authority; for
26 grounds, centers, buildings, and parking.
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1 (70 ILCS 200/265-20); Civic Center Code; Vermilion County
2 Metropolitan Exposition, Auditorium and Office Building
3 Authority; for grounds, centers, buildings, and parking.
4 (70 ILCS 200/270-35); Civic Center Code; Waukegan Civic Center
5 Authority; for grounds, centers, buildings, and parking.
6 (70 ILCS 200/275-35); Civic Center Code; West Frankfort Civic
7 Center Authority; for grounds, centers, buildings, and
8 parking.
9 (70 ILCS 200/280-20); Civic Center Code; Will County
10 Metropolitan Exposition and Auditorium Authority; for
11 grounds, centers, and parking.
12 (70 ILCS 210/5); Metropolitan Pier and Exposition Authority
13 Act; Metropolitan Pier and Exposition Authority; for
14 general purposes, including quick-take power.
15 (70 ILCS 405/22.04); Soil and Water Conservation Districts
16 Act; soil and water conservation districts; for general
17 purposes.
18 (70 ILCS 410/10 and 410/12); Conservation District Act;
19 conservation districts; for open space, wildland, scenic
20 roadway, pathway, outdoor recreation, or other
21 conservation benefits.
22 (70 ILCS 503/25); Chanute-Rantoul National Aviation Center
23 Redevelopment Commission Act; Chanute-Rantoul National
24 Aviation Center Redevelopment Commission; for general
25 purposes.
26 (70 ILCS 507/15); Fort Sheridan Redevelopment Commission Act;
SB2111 Enrolled - 487 - LRB104 09876 LNS 19944 b
1 Fort Sheridan Redevelopment Commission; for general
2 purposes or to carry out comprehensive or redevelopment
3 plans.
4 (70 ILCS 520/8); Southwestern Illinois Development Authority
5 Act; Southwestern Illinois Development Authority; for
6 general purposes, including quick-take power.
7 (70 ILCS 605/4-17 and 605/5-7); Illinois Drainage Code;
8 drainage districts; for general purposes.
9 (70 ILCS 615/5 and 615/6); Chicago Drainage District Act;
10 corporate authorities; for construction and maintenance of
11 works.
12 (70 ILCS 705/10); Fire Protection District Act; fire
13 protection districts; for general purposes.
14 (70 ILCS 750/20); Flood Prevention District Act; flood
15 prevention districts; for general purposes.
16 (70 ILCS 805/6); Downstate Forest Preserve District Act;
17 certain forest preserve districts; for general purposes.
18 (70 ILCS 805/18.8); Downstate Forest Preserve District Act;
19 certain forest preserve districts; for recreational and
20 cultural facilities.
21 (70 ILCS 810/8); Cook County Forest Preserve District Act;
22 Forest Preserve District of Cook County; for general
23 purposes.
24 (70 ILCS 810/38); Cook County Forest Preserve District Act;
25 Forest Preserve District of Cook County; for recreational
26 facilities.
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1 (70 ILCS 910/15 and 910/16); Hospital District Law; hospital
2 districts; for hospitals or hospital facilities.
3 (70 ILCS 915/3); Illinois Medical District Act; Illinois
4 Medical District Commission; for general purposes.
5 (70 ILCS 915/4.5); Illinois Medical District Act; Illinois
6 Medical District Commission; quick-take power for the
7 Illinois State Police Forensic Science Laboratory
8 (obsolete).
9 (70 ILCS 920/5); Tuberculosis Sanitarium District Act;
10 tuberculosis sanitarium districts; for tuberculosis
11 sanitariums.
12 (70 ILCS 925/20); Mid-Illinois Medical District Act;
13 Mid-Illinois Medical District; for general purposes.
14 (70 ILCS 930/20); Mid-America Medical District Act;
15 Mid-America Medical District Commission; for general
16 purposes.
17 (70 ILCS 935/20); Roseland Community Medical District Act;
18 medical district; for general purposes.
19 (70 ILCS 1005/7); Mosquito Abatement District Act; mosquito
20 abatement districts; for general purposes.
21 (70 ILCS 1105/8); Museum District Act; museum districts; for
22 general purposes.
23 (70 ILCS 1205/7-1); Park District Code; park districts; for
24 streets and other purposes.
25 (70 ILCS 1205/8-1); Park District Code; park districts; for
26 parks.
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1 (70 ILCS 1205/9-2 and 1205/9-4); Park District Code; park
2 districts; for airports and landing fields.
3 (70 ILCS 1205/11-2 and 1205/11-3); Park District Code; park
4 districts; for State land abutting public water and
5 certain access rights.
6 (70 ILCS 1205/11.1-3); Park District Code; park districts; for
7 harbors.
8 (70 ILCS 1225/2); Park Commissioners Land Condemnation Act;
9 park districts; for street widening.
10 (70 ILCS 1230/1 and 1230/1-a); Park Commissioners Water
11 Control Act; park districts; for parks, boulevards,
12 driveways, parkways, viaducts, bridges, or tunnels.
13 (70 ILCS 1250/2); Park Commissioners Street Control (1889)
14 Act; park districts; for boulevards or driveways.
15 (70 ILCS 1290/1); Park District Aquarium and Museum Act;
16 municipalities or park districts; for aquariums or
17 museums.
18 (70 ILCS 1305/2); Park District Airport Zoning Act; park
19 districts; for restriction of the height of structures.
20 (70 ILCS 1310/5); Park District Elevated Highway Act; park
21 districts; for elevated highways.
22 (70 ILCS 1505/15); Chicago Park District Act; Chicago Park
23 District; for parks and other purposes.
24 (70 ILCS 1505/25.1); Chicago Park District Act; Chicago Park
25 District; for parking lots or garages.
26 (70 ILCS 1505/26.3); Chicago Park District Act; Chicago Park
SB2111 Enrolled - 490 - LRB104 09876 LNS 19944 b
1 District; for harbors.
2 (70 ILCS 1570/5); Lincoln Park Commissioners Land Condemnation
3 Act; Lincoln Park Commissioners; for land and interests in
4 land, including riparian rights.
5 (70 ILCS 1801/30); Alexander-Cairo Port District Act;
6 Alexander-Cairo Port District; for general purposes.
7 (70 ILCS 1805/8); Havana Regional Port District Act; Havana
8 Regional Port District; for general purposes.
9 (70 ILCS 1810/7); Illinois International Port District Act;
10 Illinois International Port District; for general
11 purposes.
12 (70 ILCS 1815/13); Illinois Valley Regional Port District Act;
13 Illinois Valley Regional Port District; for general
14 purposes.
15 (70 ILCS 1820/4); Jackson-Union Counties Regional Port
16 District Act; Jackson-Union Counties Regional Port
17 District; for removal of airport hazards or reduction of
18 the height of objects or structures.
19 (70 ILCS 1820/5); Jackson-Union Counties Regional Port
20 District Act; Jackson-Union Counties Regional Port
21 District; for general purposes.
22 (70 ILCS 1825/4.9); Joliet Regional Port District Act; Joliet
23 Regional Port District; for removal of airport hazards.
24 (70 ILCS 1825/4.10); Joliet Regional Port District Act; Joliet
25 Regional Port District; for reduction of the height of
26 objects or structures.
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1 (70 ILCS 1825/4.18); Joliet Regional Port District Act; Joliet
2 Regional Port District; for removal of hazards from ports
3 and terminals.
4 (70 ILCS 1825/5); Joliet Regional Port District Act; Joliet
5 Regional Port District; for general purposes.
6 (70 ILCS 1830/7.1); Kaskaskia Regional Port District Act;
7 Kaskaskia Regional Port District; for removal of hazards
8 from ports and terminals.
9 (70 ILCS 1830/14); Kaskaskia Regional Port District Act;
10 Kaskaskia Regional Port District; for general purposes.
11 (70 ILCS 1831/30); Massac-Metropolis Port District Act;
12 Massac-Metropolis Port District; for general purposes.
13 (70 ILCS 1835/5.10); Mt. Carmel Regional Port District Act;
14 Mt. Carmel Regional Port District; for removal of airport
15 hazards.
16 (70 ILCS 1835/5.11); Mt. Carmel Regional Port District Act;
17 Mt. Carmel Regional Port District; for reduction of the
18 height of objects or structures.
19 (70 ILCS 1835/6); Mt. Carmel Regional Port District Act; Mt.
20 Carmel Regional Port District; for general purposes.
21 (70 ILCS 1837/30); Ottawa Port District Act; Ottawa Port
22 District; for general purposes.
23 (70 ILCS 1842/30 and 1842/35); Rock Island Regional Port
24 District Act; Rock Island Regional Port District and
25 participating municipalities; for general Port District
26 purposes.
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1 (70 ILCS 1845/4.9); Seneca Regional Port District Act; Seneca
2 Regional Port District; for removal of airport hazards.
3 (70 ILCS 1845/4.10); Seneca Regional Port District Act; Seneca
4 Regional Port District; for reduction of the height of
5 objects or structures.
6 (70 ILCS 1845/5); Seneca Regional Port District Act; Seneca
7 Regional Port District; for general purposes.
8 (70 ILCS 1850/4); Shawneetown Regional Port District Act;
9 Shawneetown Regional Port District; for removal of airport
10 hazards or reduction of the height of objects or
11 structures.
12 (70 ILCS 1850/5); Shawneetown Regional Port District Act;
13 Shawneetown Regional Port District; for general purposes.
14 (70 ILCS 1855/4); Southwest Regional Port District Act;
15 Southwest Regional Port District; for removal of airport
16 hazards or reduction of the height of objects or
17 structures.
18 (70 ILCS 1855/5); Southwest Regional Port District Act;
19 Southwest Regional Port District; for general purposes.
20 (70 ILCS 1860/4); Tri-City Regional Port District Act;
21 Tri-City Regional Port District; for removal of airport
22 hazards.
23 (70 ILCS 1860/5); Tri-City Regional Port District Act;
24 Tri-City Regional Port District; for the development of
25 facilities.
26 (70 ILCS 1863/11); Upper Mississippi River International Port
SB2111 Enrolled - 493 - LRB104 09876 LNS 19944 b
1 District Act; Upper Mississippi River International Port
2 District; for general purposes.
3 (70 ILCS 1865/4.9); Waukegan Port District Act; Waukegan Port
4 District; for removal of airport hazards.
5 (70 ILCS 1865/4.10); Waukegan Port District Act; Waukegan Port
6 District; for restricting the height of objects or
7 structures.
8 (70 ILCS 1865/5); Waukegan Port District Act; Waukegan Port
9 District; for the development of facilities.
10 (70 ILCS 1870/8); White County Port District Act; White County
11 Port District; for the development of facilities.
12 (70 ILCS 1905/16); Railroad Terminal Authority Act; Railroad
13 Terminal Authority (Chicago); for general purposes.
14 (70 ILCS 1915/25); Grand Avenue Railroad Relocation Authority
15 Act; Grand Avenue Railroad Relocation Authority; for
16 general purposes, including quick-take power (now
17 obsolete).
18 (70 ILCS 1935/25); Elmwood Park Grade Separation Authority
19 Act; Elmwood Park Grade Separation Authority; for general
20 purposes.
21 (70 ILCS 2105/9b); River Conservancy Districts Act; river
22 conservancy districts; for general purposes.
23 (70 ILCS 2105/10a); River Conservancy Districts Act; river
24 conservancy districts; for corporate purposes.
25 (70 ILCS 2205/15); Sanitary District Act of 1907; sanitary
26 districts; for corporate purposes.
SB2111 Enrolled - 494 - LRB104 09876 LNS 19944 b
1 (70 ILCS 2205/18); Sanitary District Act of 1907; sanitary
2 districts; for improvements and works.
3 (70 ILCS 2205/19); Sanitary District Act of 1907; sanitary
4 districts; for access to property.
5 (70 ILCS 2305/8); North Shore Water Reclamation District Act;
6 North Shore Water Reclamation District; for corporate
7 purposes.
8 (70 ILCS 2305/15); North Shore Water Reclamation District Act;
9 North Shore Water Reclamation District; for improvements.
10 (70 ILCS 2405/7.9); Sanitary District Act of 1917; Sanitary
11 District of Decatur; for carrying out agreements to sell,
12 convey, or disburse treated wastewater to a private
13 entity.
14 (70 ILCS 2405/8); Sanitary District Act of 1917; sanitary
15 districts; for corporate purposes.
16 (70 ILCS 2405/15); Sanitary District Act of 1917; sanitary
17 districts; for improvements.
18 (70 ILCS 2405/16.9 and 2405/16.10); Sanitary District Act of
19 1917; sanitary districts; for waterworks.
20 (70 ILCS 2405/17.2); Sanitary District Act of 1917; sanitary
21 districts; for public sewer and water utility treatment
22 works.
23 (70 ILCS 2405/18); Sanitary District Act of 1917; sanitary
24 districts; for dams or other structures to regulate water
25 flow.
26 (70 ILCS 2605/8); Metropolitan Water Reclamation District Act;
SB2111 Enrolled - 495 - LRB104 09876 LNS 19944 b
1 Metropolitan Water Reclamation District; for corporate
2 purposes.
3 (70 ILCS 2605/16); Metropolitan Water Reclamation District
4 Act; Metropolitan Water Reclamation District; quick-take
5 power for improvements.
6 (70 ILCS 2605/17); Metropolitan Water Reclamation District
7 Act; Metropolitan Water Reclamation District; for bridges.
8 (70 ILCS 2605/35); Metropolitan Water Reclamation District
9 Act; Metropolitan Water Reclamation District; for widening
10 and deepening a navigable stream.
11 (70 ILCS 2805/10); Sanitary District Act of 1936; sanitary
12 districts; for corporate purposes.
13 (70 ILCS 2805/24); Sanitary District Act of 1936; sanitary
14 districts; for improvements.
15 (70 ILCS 2805/26i and 2805/26j); Sanitary District Act of
16 1936; sanitary districts; for drainage systems.
17 (70 ILCS 2805/27); Sanitary District Act of 1936; sanitary
18 districts; for dams or other structures to regulate water
19 flow.
20 (70 ILCS 2805/32k); Sanitary District Act of 1936; sanitary
21 districts; for water supply.
22 (70 ILCS 2805/32l); Sanitary District Act of 1936; sanitary
23 districts; for waterworks.
24 (70 ILCS 2905/2-7); Metro-East Sanitary District Act of 1974;
25 Metro-East Sanitary District; for corporate purposes.
26 (70 ILCS 2905/2-8); Metro-East Sanitary District Act of 1974;
SB2111 Enrolled - 496 - LRB104 09876 LNS 19944 b
1 Metro-East Sanitary District; for access to property.
2 (70 ILCS 3010/10); Sanitary District Revenue Bond Act;
3 sanitary districts; for sewerage systems.
4 (70 ILCS 3205/12); Illinois Sports Facilities Authority Act;
5 Illinois Sports Facilities Authority; quick-take power for
6 its corporate purposes (obsolete).
7 (70 ILCS 3405/16); Surface Water Protection District Act;
8 surface water protection districts; for corporate
9 purposes.
10 (70 ILCS 3605/7); Chicago Metropolitan Transit Authority Act;
11 Chicago Transit Authority; for transportation systems.
12 (70 ILCS 3605/8); Chicago Metropolitan Transit Authority Act;
13 Chicago Transit Authority; for general purposes.
14 (70 ILCS 3605/10); Chicago Metropolitan Transit Authority Act;
15 Chicago Transit Authority; for general purposes, including
16 railroad property.
17 (70 ILCS 3610/3 and 3610/5); Local Mass Transit District Act;
18 local mass transit districts; for general purposes.
19 (70 ILCS 3615/2.13); Northern Illinois Transit Regional
20 Transportation Authority Act; Northern Illinois Transit
21 Regional Transportation Authority; for general purposes.
22 (70 ILCS 3705/8 and 3705/12); Public Water District Act;
23 public water districts; for waterworks.
24 (70 ILCS 3705/23a); Public Water District Act; public water
25 districts; for sewerage properties.
26 (70 ILCS 3705/23e); Public Water District Act; public water
SB2111 Enrolled - 497 - LRB104 09876 LNS 19944 b
1 districts; for combined waterworks and sewerage systems.
2 (70 ILCS 3715/6); Water Authorities Act; water authorities;
3 for facilities to ensure adequate water supply.
4 (70 ILCS 3715/27); Water Authorities Act; water authorities;
5 for access to property.
6 (75 ILCS 5/4-7); Illinois Local Library Act; boards of library
7 trustees; for library buildings.
8 (75 ILCS 16/30-55.80); Public Library District Act of 1991;
9 public library districts; for general purposes.
10 (75 ILCS 65/1 and 65/3); Libraries in Parks Act; corporate
11 authorities of city or park district, or board of park
12 commissioners; for free public library buildings.
13 (Source: Incorporates 98-564, eff. 8-27-13; P.A. 98-756, eff.
14 7-16-14; 99-669, eff. 7-29-16; revised 6-23-25.)
15 Article 10.
16 Section 10-5. The Open Meetings Act is amended by changing
17 Section 2 as follows:
18 (5 ILCS 120/2) (from Ch. 102, par. 42)
19 Sec. 2. Open meetings.
20 (a) Openness required. All meetings of public bodies shall
21 be open to the public unless excepted in subsection (c) and
22 closed in accordance with Section 2a.
23 (b) Construction of exceptions. The exceptions contained
SB2111 Enrolled - 498 - LRB104 09876 LNS 19944 b
1 in subsection (c) are in derogation of the requirement that
2 public bodies meet in the open, and therefore, the exceptions
3 are to be strictly construed, extending only to subjects
4 clearly within their scope. The exceptions authorize but do
5 not require the holding of a closed meeting to discuss a
6 subject included within an enumerated exception.
7 (c) Exceptions. A public body may hold closed meetings to
8 consider the following subjects:
9 (1) The appointment, employment, compensation,
10 discipline, performance, or dismissal of specific
11 employees, specific individuals who serve as independent
12 contractors in a park, recreational, or educational
13 setting, or specific volunteers of the public body or
14 legal counsel for the public body, including hearing
15 testimony on a complaint lodged against an employee, a
16 specific individual who serves as an independent
17 contractor in a park, recreational, or educational
18 setting, or a volunteer of the public body or against
19 legal counsel for the public body to determine its
20 validity. However, a meeting to consider an increase in
21 compensation to a specific employee of a public body that
22 is subject to the Local Government Wage Increase
23 Transparency Act may not be closed and shall be open to the
24 public and posted and held in accordance with this Act.
25 (2) Collective negotiating matters between the public
26 body and its employees or their representatives, or
SB2111 Enrolled - 499 - LRB104 09876 LNS 19944 b
1 deliberations concerning salary schedules for one or more
2 classes of employees.
3 (3) The selection of a person to fill a public office,
4 as defined in this Act, including a vacancy in a public
5 office, when the public body is given power to appoint
6 under law or ordinance, or the discipline, performance or
7 removal of the occupant of a public office, when the
8 public body is given power to remove the occupant under
9 law or ordinance.
10 (4) Evidence or testimony presented in open hearing,
11 or in closed hearing where specifically authorized by law,
12 to a quasi-adjudicative body, as defined in this Act,
13 provided that the body prepares and makes available for
14 public inspection a written decision setting forth its
15 determinative reasoning.
16 (4.5) Evidence or testimony presented to a school
17 board regarding denial of admission to school events or
18 property pursuant to Section 24-24 of the School Code,
19 provided that the school board prepares and makes
20 available for public inspection a written decision setting
21 forth its determinative reasoning.
22 (5) The purchase or lease of real property for the use
23 of the public body, including meetings held for the
24 purpose of discussing whether a particular parcel should
25 be acquired.
26 (6) The setting of a price for sale or lease of
SB2111 Enrolled - 500 - LRB104 09876 LNS 19944 b
1 property owned by the public body.
2 (7) The sale or purchase of securities, investments,
3 or investment contracts. This exception shall not apply to
4 the investment of assets or income of funds deposited into
5 the Illinois Prepaid Tuition Trust Fund.
6 (8) Security procedures, school building safety and
7 security, and the use of personnel and equipment to
8 respond to an actual, a threatened, or a reasonably
9 potential danger to the safety of employees, students,
10 staff, the public, or public property.
11 (9) Student disciplinary cases.
12 (10) The placement of individual students in special
13 education programs and other matters relating to
14 individual students.
15 (11) Litigation, when an action against, affecting or
16 on behalf of the particular public body has been filed and
17 is pending before a court or administrative tribunal, or
18 when the public body finds that an action is probable or
19 imminent, in which case the basis for the finding shall be
20 recorded and entered into the minutes of the closed
21 meeting.
22 (12) The establishment of reserves or settlement of
23 claims as provided in the Local Governmental and
24 Governmental Employees Tort Immunity Act, if otherwise the
25 disposition of a claim or potential claim might be
26 prejudiced, or the review or discussion of claims, loss or
SB2111 Enrolled - 501 - LRB104 09876 LNS 19944 b
1 risk management information, records, data, advice or
2 communications from or with respect to any insurer of the
3 public body or any intergovernmental risk management
4 association or self-insurance self insurance pool of which
5 the public body is a member.
6 (13) Conciliation of complaints of discrimination in
7 the sale or rental of housing, when closed meetings are
8 authorized by the law or ordinance prescribing fair
9 housing practices and creating a commission or
10 administrative agency for their enforcement.
11 (14) Informant sources, the hiring or assignment of
12 undercover personnel or equipment, or ongoing, prior or
13 future criminal investigations, when discussed by a public
14 body with criminal investigatory responsibilities.
15 (15) Professional ethics or performance when
16 considered by an advisory body appointed to advise a
17 licensing or regulatory agency on matters germane to the
18 advisory body's field of competence.
19 (16) Self evaluation, practices and procedures or
20 professional ethics, when meeting with a representative of
21 a statewide association of which the public body is a
22 member.
23 (17) The recruitment, credentialing, discipline or
24 formal peer review of physicians or other health care
25 professionals, or for the discussion of matters protected
26 under the federal Patient Safety and Quality Improvement
SB2111 Enrolled - 502 - LRB104 09876 LNS 19944 b
1 Act of 2005, and the regulations promulgated thereunder,
2 including 42 C.F.R. Part 3 (73 FR 70732), or the federal
3 Health Insurance Portability and Accountability Act of
4 1996, and the regulations promulgated thereunder,
5 including 45 C.F.R. Parts 160, 162, and 164, by a
6 hospital, or other institution providing medical care,
7 that is operated by the public body.
8 (18) Deliberations for decisions of the Prisoner
9 Review Board.
10 (19) Review or discussion of applications received
11 under the Experimental Organ Transplantation Procedures
12 Act.
13 (20) The classification and discussion of matters
14 classified as confidential or continued confidential by
15 the State Government Suggestion Award Board.
16 (21) Discussion of minutes of meetings lawfully closed
17 under this Act, whether for purposes of approval by the
18 body of the minutes or semi-annual review of the minutes
19 as mandated by Section 2.06.
20 (22) Deliberations for decisions of the State
21 Emergency Medical Services Disciplinary Review Board.
22 (23) The operation by a municipality of a municipal
23 utility or the operation of a municipal power agency or
24 municipal natural gas agency when the discussion involves
25 (i) contracts relating to the purchase, sale, or delivery
26 of electricity or natural gas or (ii) the results or
SB2111 Enrolled - 503 - LRB104 09876 LNS 19944 b
1 conclusions of load forecast studies.
2 (24) Meetings of a residential health care facility
3 resident sexual assault and death review team or the
4 Executive Council under the Abuse Prevention Review Team
5 Act.
6 (25) Meetings of an independent team of experts under
7 Brian's Law.
8 (26) Meetings of a mortality review team appointed
9 under the Department of Juvenile Justice Mortality Review
10 Team Act.
11 (27) (Blank).
12 (28) Correspondence and records (i) that may not be
13 disclosed under Section 11-9 of the Illinois Public Aid
14 Code or (ii) that pertain to appeals under Section 11-8 of
15 the Illinois Public Aid Code.
16 (29) Meetings between internal or external auditors
17 and governmental audit committees, finance committees, and
18 their equivalents, when the discussion involves internal
19 control weaknesses, identification of potential fraud risk
20 areas, known or suspected frauds, and fraud interviews
21 conducted in accordance with generally accepted auditing
22 standards of the United States of America.
23 (30) (Blank).
24 (31) Meetings and deliberations for decisions of the
25 Concealed Carry Licensing Review Board under the Firearm
26 Concealed Carry Act.
SB2111 Enrolled - 504 - LRB104 09876 LNS 19944 b
1 (32) Meetings between the Northern Illinois Transit
2 Authority Board Regional Transportation Authority Board
3 and its Service Boards when the discussion involves review
4 by the Northern Illinois Transit Authority Board Regional
5 Transportation Authority Board of employment contracts
6 under Section 28d of the Chicago Transit Authority Act
7 Metropolitan Transit Authority Act and Sections 3A.18 and
8 3B.26 of the Northern Illinois Transit Authority Act
9 Regional Transportation Authority Act.
10 (33) Those meetings or portions of meetings of the
11 advisory committee and peer review subcommittee created
12 under Section 320 of the Illinois Controlled Substances
13 Act during which specific controlled substance prescriber,
14 dispenser, or patient information is discussed.
15 (34) Meetings of the Tax Increment Financing Reform
16 Task Force under Section 2505-800 of the Department of
17 Revenue Law of the Civil Administrative Code of Illinois.
18 (35) Meetings of the group established to discuss
19 Medicaid capitation rates under Section 5-30.8 of the
20 Illinois Public Aid Code.
21 (36) Those deliberations or portions of deliberations
22 for decisions of the Illinois Gaming Board in which there
23 is discussed any of the following: (i) personal,
24 commercial, financial, or other information obtained from
25 any source that is privileged, proprietary, confidential,
26 or a trade secret; or (ii) information specifically
SB2111 Enrolled - 505 - LRB104 09876 LNS 19944 b
1 exempted from the disclosure by federal or State law.
2 (37) Deliberations for decisions of the Illinois Law
3 Enforcement Training Standards Board, the Certification
4 Review Panel, and the Illinois State Police Merit Board
5 regarding certification and decertification.
6 (38) Meetings of the Ad Hoc Statewide Domestic
7 Violence Fatality Review Committee of the Illinois
8 Criminal Justice Information Authority Board that occur in
9 closed executive session under subsection (d) of Section
10 35 of the Domestic Violence Fatality Review Act.
11 (39) Meetings of the regional review teams under
12 subsection (a) of Section 75 of the Domestic Violence
13 Fatality Review Act.
14 (40) Meetings of the Firearm Owner's Identification
15 Card Review Board under Section 10 of the Firearm Owners
16 Identification Card Act.
17 (d) Definitions. For purposes of this Section:
18 "Employee" means a person employed by a public body whose
19 relationship with the public body constitutes an
20 employer-employee relationship under the usual common law
21 rules, and who is not an independent contractor.
22 "Public office" means a position created by or under the
23 Constitution or laws of this State, the occupant of which is
24 charged with the exercise of some portion of the sovereign
25 power of this State. The term "public office" shall include
26 members of the public body, but it shall not include
SB2111 Enrolled - 506 - LRB104 09876 LNS 19944 b
1 organizational positions filled by members thereof, whether
2 established by law or by a public body itself, that exist to
3 assist the body in the conduct of its business.
4 "Quasi-adjudicative body" means an administrative body
5 charged by law or ordinance with the responsibility to conduct
6 hearings, receive evidence or testimony and make
7 determinations based thereon, but does not include local
8 electoral boards when such bodies are considering petition
9 challenges.
10 (e) Final action. No final action may be taken at a closed
11 meeting. Final action shall be preceded by a public recital of
12 the nature of the matter being considered and other
13 information that will inform the public of the business being
14 conducted.
15 (Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21;
16 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff.
17 7-28-23; 103-626, eff. 1-1-25.)
18 Section 10-10. The Transportation Cooperation Act of 1971
19 is amended by changing Section 2 as follows:
20 (5 ILCS 225/2) (from Ch. 111 2/3, par. 602)
21 Sec. 2. For the purposes of this Act:
22 (a) "Railroad passenger service" means any railroad
23 passenger service within the State of Illinois, including the
24 equipment and facilities used in connection therewith, with
SB2111 Enrolled - 507 - LRB104 09876 LNS 19944 b
1 the exception of the basic system operated by the National
2 Railroad Passenger Corporation pursuant to Title II and
3 Section 403(a) of the Federal Rail Passenger Service Act of
4 1970.
5 (b) "Federal Railroad Corporation" means the National
6 Railroad Passenger Corporation established pursuant to an Act
7 of Congress known as the "Rail Passenger Service Act of 1970."
8 (c) "Transportation system" means any and all modes of
9 public transportation within the State, including, but not
10 limited to, transportation of persons or property by rapid
11 transit, rail, bus, and aircraft, and all equipment,
12 facilities and property, real and personal, used in connection
13 therewith.
14 (d) "Carrier" means any corporation, authority,
15 partnership, association, person or district authorized to
16 maintain a transportation system within the State with the
17 exception of the Federal Railroad Corporation.
18 (e) "Units of local government" means cities, villages,
19 incorporated towns, counties, municipalities, townships, and
20 special districts, including any district created pursuant to
21 the "Local Mass Transit District Act", approved July 21, 1959,
22 as amended; any Authority created pursuant to the Chicago
23 Transit Authority Act "Metropolitan Transit Authority Act",
24 approved April 12, 1945, as amended; and, any authority,
25 commission or other entity which by virtue of an interstate
26 compact approved by Congress is authorized to provide mass
SB2111 Enrolled - 508 - LRB104 09876 LNS 19944 b
1 transportation.
2 (f) "Universities" means all public institutions of higher
3 education as defined in an "Act creating a Board of Higher
4 Education, defining its powers and duties, making an
5 appropriation therefor, and repealing an Act herein named",
6 approved August 22, 1961, as amended, and all private
7 institutions of higher education as defined in the Illinois
8 Finance Authority Act.
9 (g) "Department" means the Illinois Department of
10 Transportation, or such other department designated by law to
11 perform the duties and functions of the Illinois Department of
12 Transportation prior to January 1, 1972.
13 (h) "Association" means any Transportation Service
14 Association created pursuant to Section 4 of this Act.
15 (i) "Contracting Parties" means any units of local
16 government or universities which have associated and joined
17 together pursuant to Section 3 of this Act.
18 (j) "Governing authorities" means (1) the city council or
19 similar legislative body of a city; (2) the board of trustees
20 or similar body of a village or incorporated town; (3) the
21 council of a municipality under the commission form of
22 municipal government; (4) the board of trustees in a township;
23 (5) the Board of Trustees of the University of Illinois, the
24 Board of Trustees of Southern Illinois University, the Board
25 of Trustees of Chicago State University, the Board of Trustees
26 of Eastern Illinois University, the Board of Trustees of
SB2111 Enrolled - 509 - LRB104 09876 LNS 19944 b
1 Governors State University, the Board of Trustees of Illinois
2 State University, the Board of Trustees of Northeastern
3 Illinois University, the Board of Trustees of Northern
4 Illinois University, the Board of Trustees of Western Illinois
5 University, and the Illinois Community College Board; (6) the
6 county board of a county; and (7) the trustees, commissioners,
7 board members, or directors of a university, special district,
8 authority or similar agency.
9 (Source: P.A. 93-205, eff. 1-1-04.)
10 Section 10-15. The Illinois Public Labor Relations Act is
11 amended by changing Section 15 as follows:
12 (5 ILCS 315/15) (from Ch. 48, par. 1615)
13 (Text of Section WITHOUT the changes made by P.A. 98-599,
14 which has been held unconstitutional)
15 Sec. 15. Act takes precedence Takes Precedence.
16 (a) In case of any conflict between the provisions of this
17 Act and any other law (other than Section 5 of the State
18 Employees Group Insurance Act of 1971 and other than the
19 changes made to the Illinois Pension Code by Public Act 96-889
20 this amendatory Act of the 96th General Assembly), executive
21 order or administrative regulation relating to wages, hours
22 and conditions of employment and employment relations, the
23 provisions of this Act or any collective bargaining agreement
24 negotiated thereunder shall prevail and control. Nothing in
SB2111 Enrolled - 510 - LRB104 09876 LNS 19944 b
1 this Act shall be construed to replace or diminish the rights
2 of employees established by Sections 28 and 28a of the Chicago
3 Transit Authority Act Metropolitan Transit Authority Act,
4 Sections 2.15 through 2.19 of the Northern Illinois Transit
5 Authority Act Regional Transportation Authority Act. The
6 provisions of this Act are subject to Section 5 of the State
7 Employees Group Insurance Act of 1971. Nothing in this Act
8 shall be construed to replace the necessity of complaints
9 against a sworn peace officer, as defined in Section 2(a) of
10 the Uniform Peace Officers' Officer Disciplinary Act, from
11 having a complaint supported by a sworn affidavit.
12 (b) Except as provided in subsection (a) above, any
13 collective bargaining contract between a public employer and a
14 labor organization executed pursuant to this Act shall
15 supersede any contrary statutes, charters, ordinances, rules
16 or regulations relating to wages, hours and conditions of
17 employment and employment relations adopted by the public
18 employer or its agents. Any collective bargaining agreement
19 entered into prior to the effective date of this Act shall
20 remain in full force during its duration.
21 (c) It is the public policy of this State, pursuant to
22 paragraphs (h) and (i) of Section 6 of Article VII of the
23 Illinois Constitution, that the provisions of this Act are the
24 exclusive exercise by the State of powers and functions which
25 might otherwise be exercised by home rule units. Such powers
26 and functions may not be exercised concurrently, either
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1 directly or indirectly, by any unit of local government,
2 including any home rule unit, except as otherwise authorized
3 by this Act.
4 (Source: P.A. 95-331, eff. 8-21-07; 96-889, eff. 1-1-11;
5 revised 7-23-24.)
6 Section 10-20. The State Officials and Employees Ethics
7 Act is amended by changing Section 1-5 as follows:
8 (5 ILCS 430/1-5)
9 Sec. 1-5. Definitions. As used in this Act:
10 "Appointee" means a person appointed to a position in or
11 with a State agency, regardless of whether the position is
12 compensated.
13 "Board members of Regional Development Authorities" means
14 any person appointed to serve on the governing board of a
15 Regional Development Authority.
16 "Board members of Regional Transit Boards" means any
17 person appointed to serve on the governing board of a Regional
18 Transit Board.
19 "Campaign for elective office" means any activity in
20 furtherance of an effort to influence the selection,
21 nomination, election, or appointment of any individual to any
22 federal, State, or local public office or office in a
23 political organization, or the selection, nomination, or
24 election of Presidential or Vice-Presidential electors, but
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1 does not include activities (i) relating to the support or
2 opposition of any executive, legislative, or administrative
3 action (as those terms are defined in Section 2 of the Lobbyist
4 Registration Act), (ii) relating to collective bargaining, or
5 (iii) that are otherwise in furtherance of the person's
6 official State duties.
7 "Candidate" means a person who has filed nominating papers
8 or petitions for nomination or election to an elected State
9 office, or who has been appointed to fill a vacancy in
10 nomination, and who remains eligible for placement on the
11 ballot at either a general primary election or general
12 election.
13 "Collective bargaining" has the same meaning as that term
14 is defined in Section 3 of the Illinois Public Labor Relations
15 Act.
16 "Commission" means an ethics commission created by this
17 Act.
18 "Compensated time" means any time worked by or credited to
19 a State employee that counts toward any minimum work time
20 requirement imposed as a condition of employment with a State
21 agency, but does not include any designated State holidays or
22 any period when the employee is on a leave of absence.
23 "Compensatory time off" means authorized time off earned
24 by or awarded to a State employee to compensate in whole or in
25 part for time worked in excess of the minimum work time
26 required of that employee as a condition of employment with a
SB2111 Enrolled - 513 - LRB104 09876 LNS 19944 b
1 State agency.
2 "Contribution" has the same meaning as that term is
3 defined in Section 9-1.4 of the Election Code.
4 "Employee" means (i) any person employed full-time,
5 part-time, or pursuant to a contract and whose employment
6 duties are subject to the direction and control of an employer
7 with regard to the material details of how the work is to be
8 performed or (ii) any appointed or elected commissioner,
9 trustee, director, or board member of a board of a State
10 agency, including any retirement system or investment board
11 subject to the Illinois Pension Code or (iii) any other
12 appointee.
13 "Employment benefits" include but are not limited to the
14 following: modified compensation or benefit terms; compensated
15 time off; or change of title, job duties, or location of office
16 or employment. An employment benefit may also include
17 favorable treatment in determining whether to bring any
18 disciplinary or similar action or favorable treatment during
19 the course of any disciplinary or similar action or other
20 performance review.
21 "Executive branch constitutional officer" means the
22 Governor, Lieutenant Governor, Attorney General, Secretary of
23 State, Comptroller, and Treasurer.
24 "Gift" means any gratuity, discount, entertainment,
25 hospitality, loan, forbearance, or other tangible or
26 intangible item having monetary value including, but not
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1 limited to, cash, food and drink, and honoraria for speaking
2 engagements related to or attributable to government
3 employment or the official position of an employee, member, or
4 officer. The value of a gift may be further defined by rules
5 adopted by the appropriate ethics commission or by the Auditor
6 General for the Auditor General and for employees of the
7 office of the Auditor General.
8 "Governmental entity" means a unit of local government
9 (including a community college district) or a school district
10 but not a State agency, a Regional Transit Board, or a Regional
11 Development Authority.
12 "Leave of absence" means any period during which a State
13 employee does not receive (i) compensation for State
14 employment, (ii) service credit towards State pension
15 benefits, and (iii) health insurance benefits paid for by the
16 State.
17 "Legislative branch constitutional officer" means a member
18 of the General Assembly and the Auditor General.
19 "Legislative leader" means the President and Minority
20 Leader of the Senate and the Speaker and Minority Leader of the
21 House of Representatives.
22 "Member" means a member of the General Assembly.
23 "Officer" means an executive branch constitutional officer
24 or a legislative branch constitutional officer.
25 "Political" means any activity in support of or in
26 connection with any campaign for elective office or any
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1 political organization, but does not include activities (i)
2 relating to the support or opposition of any executive,
3 legislative, or administrative action (as those terms are
4 defined in Section 2 of the Lobbyist Registration Act), (ii)
5 relating to collective bargaining, or (iii) that are otherwise
6 in furtherance of the person's official State duties or
7 governmental and public service functions.
8 "Political organization" means a party, committee,
9 association, fund, or other organization (whether or not
10 incorporated) that is required to file a statement of
11 organization with the State Board of Elections or a county
12 clerk under Section 9-3 of the Election Code, but only with
13 regard to those activities that require filing with the State
14 Board of Elections or a county clerk.
15 "Prohibited political activity" means:
16 (1) Preparing for, organizing, or participating in any
17 political meeting, political rally, political
18 demonstration, or other political event.
19 (2) Soliciting contributions, including but not
20 limited to the purchase of, selling, distributing, or
21 receiving payment for tickets for any political
22 fundraiser, political meeting, or other political event.
23 (3) Soliciting, planning the solicitation of, or
24 preparing any document or report regarding any thing of
25 value intended as a campaign contribution.
26 (4) Planning, conducting, or participating in a public
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1 opinion poll in connection with a campaign for elective
2 office or on behalf of a political organization for
3 political purposes or for or against any referendum
4 question.
5 (5) Surveying or gathering information from potential
6 or actual voters in an election to determine probable vote
7 outcome in connection with a campaign for elective office
8 or on behalf of a political organization for political
9 purposes or for or against any referendum question.
10 (6) Assisting at the polls on election day on behalf
11 of any political organization or candidate for elective
12 office or for or against any referendum question.
13 (7) Soliciting votes on behalf of a candidate for
14 elective office or a political organization or for or
15 against any referendum question or helping in an effort to
16 get voters to the polls.
17 (8) Initiating for circulation, preparing,
18 circulating, reviewing, or filing any petition on behalf
19 of a candidate for elective office or for or against any
20 referendum question.
21 (9) Making contributions on behalf of any candidate
22 for elective office in that capacity or in connection with
23 a campaign for elective office.
24 (10) Preparing or reviewing responses to candidate
25 questionnaires in connection with a campaign for elective
26 office or on behalf of a political organization for
SB2111 Enrolled - 517 - LRB104 09876 LNS 19944 b
1 political purposes.
2 (11) Distributing, preparing for distribution, or
3 mailing campaign literature, campaign signs, or other
4 campaign material on behalf of any candidate for elective
5 office or for or against any referendum question.
6 (12) Campaigning for any elective office or for or
7 against any referendum question.
8 (13) Managing or working on a campaign for elective
9 office or for or against any referendum question.
10 (14) Serving as a delegate, alternate, or proxy to a
11 political party convention.
12 (15) Participating in any recount or challenge to the
13 outcome of any election, except to the extent that under
14 subsection (d) of Section 6 of Article IV of the Illinois
15 Constitution each house of the General Assembly shall
16 judge the elections, returns, and qualifications of its
17 members.
18 "Prohibited source" means any person or entity who:
19 (1) is seeking official action (i) by the member or
20 officer or (ii) in the case of an employee, by the employee
21 or by the member, officer, State agency, or other employee
22 directing the employee;
23 (2) does business or seeks to do business (i) with the
24 member or officer or (ii) in the case of an employee, with
25 the employee or with the member, officer, State agency, or
26 other employee directing the employee;
SB2111 Enrolled - 518 - LRB104 09876 LNS 19944 b
1 (3) conducts activities regulated (i) by the member or
2 officer or (ii) in the case of an employee, by the employee
3 or by the member, officer, State agency, or other employee
4 directing the employee;
5 (4) has interests that may be substantially affected
6 by the performance or non-performance of the official
7 duties of the member, officer, or employee;
8 (5) is registered or required to be registered with
9 the Secretary of State under the Lobbyist Registration
10 Act, except that an entity not otherwise a prohibited
11 source does not become a prohibited source merely because
12 a registered lobbyist is one of its members or serves on
13 its board of directors; or
14 (6) is an agent of, a spouse of, or an immediate family
15 member who is living with a "prohibited source".
16 "Regional Development Authority" means the following
17 regional development authorities:
18 (1) the Central Illinois Economic Development
19 Authority created by the Central Illinois Economic
20 Development Authority Act;
21 (2) the Eastern Illinois Economic Development
22 Authority created by the Eastern Illinois Economic
23 Development Authority Act;
24 (3) the Joliet Arsenal Development Authority created
25 by the Joliet Arsenal Development Authority Act;
26 (4) the Quad Cities Regional Economic Development
SB2111 Enrolled - 519 - LRB104 09876 LNS 19944 b
1 Authority created by Quad Cities Regional Economic
2 Development Authority Act, approved September 22, 1987;
3 (5) the Riverdale Development Authority created by the
4 Riverdale Development Authority Act;
5 (6) the Southeastern Illinois Economic Development
6 Authority created by the Southeastern Illinois Economic
7 Development Authority Act;
8 (7) the Southern Illinois Economic Development
9 Authority created by the Southern Illinois Economic
10 Development Authority Act;
11 (8) the Southwestern Illinois Development Authority
12 created by the Southwestern Illinois Development Authority
13 Act;
14 (9) the Tri-County River Valley Development Authority
15 created by the Tri-County River Valley Development
16 Authority Law;
17 (10) the Upper Illinois River Valley Development
18 Authority created by the Upper Illinois River Valley
19 Development Authority Act;
20 (11) the Illinois Urban Development Authority created
21 by the Illinois Urban Development Authority Act;
22 (12) the Western Illinois Economic Development
23 Authority created by the Western Illinois Economic
24 Development Authority Act; and
25 (13) the Will-Kankakee Regional Development Authority
26 created by the Will-Kankakee Regional Development
SB2111 Enrolled - 520 - LRB104 09876 LNS 19944 b
1 Authority Law.
2 "Regional Transit Boards" means (i) the Northern Illinois
3 Transit Authority Regional Transportation Authority created by
4 the Northern Illinois Transit Authority Act Regional
5 Transportation Authority Act, (ii) the Suburban Bus Division
6 created by the Northern Illinois Transit Authority Act
7 Regional Transportation Authority Act, (iii) the Commuter Rail
8 Division created by the Northern Illinois Transit Authority
9 Act Regional Transportation Authority Act, and (iv) the
10 Chicago Transit Authority created by the Chicago Transit
11 Authority Act Metropolitan Transit Authority Act.
12 "State agency" includes all officers, boards, commissions
13 and agencies created by the Constitution, whether in the
14 executive or legislative branch; all officers, departments,
15 boards, commissions, agencies, institutions, authorities,
16 public institutions of higher learning as defined in Section 2
17 of the Higher Education Cooperation Act (except community
18 colleges), and bodies politic and corporate of the State; and
19 administrative units or corporate outgrowths of the State
20 government which are created by or pursuant to statute, other
21 than units of local government (including community college
22 districts) and their officers, school districts, and boards of
23 election commissioners; and all administrative units and
24 corporate outgrowths of the above and as may be created by
25 executive order of the Governor. "State agency" includes the
26 General Assembly, the Senate, the House of Representatives,
SB2111 Enrolled - 521 - LRB104 09876 LNS 19944 b
1 the President and Minority Leader of the Senate, the Speaker
2 and Minority Leader of the House of Representatives, the
3 Senate Operations Commission, and the legislative support
4 services agencies. "State agency" includes the Office of the
5 Auditor General. "State agency" does not include the judicial
6 branch.
7 "State employee" means any employee of a State agency.
8 "Ultimate jurisdictional authority" means the following:
9 (1) For members, legislative partisan staff, and
10 legislative secretaries, the appropriate legislative
11 leader: President of the Senate, Minority Leader of the
12 Senate, Speaker of the House of Representatives, or
13 Minority Leader of the House of Representatives.
14 (2) For State employees who are professional staff or
15 employees of the Senate and not covered under item (1),
16 the Senate Operations Commission.
17 (3) For State employees who are professional staff or
18 employees of the House of Representatives and not covered
19 under item (1), the Speaker of the House of
20 Representatives.
21 (4) For State employees who are employees of the
22 legislative support services agencies, the Joint Committee
23 on Legislative Support Services.
24 (5) For State employees of the Auditor General, the
25 Auditor General.
26 (6) For State employees of public institutions of
SB2111 Enrolled - 522 - LRB104 09876 LNS 19944 b
1 higher learning as defined in Section 2 of the Higher
2 Education Cooperation Act (except community colleges), the
3 board of trustees of the appropriate public institution of
4 higher learning.
5 (7) For State employees of an executive branch
6 constitutional officer other than those described in
7 paragraph (6), the appropriate executive branch
8 constitutional officer.
9 (8) For State employees not under the jurisdiction of
10 paragraph (1), (2), (3), (4), (5), (6), or (7), the
11 Governor.
12 (9) For employees of Regional Transit Boards, the
13 appropriate Regional Transit Board.
14 (10) For board members of Regional Transit Boards, the
15 Governor.
16 (11) For employees of Regional Development
17 Authorities, the appropriate Regional Development
18 Authority.
19 (12) For board members of Regional Development
20 Authorities, the Governor.
21 (Source: P.A. 103-517, eff. 8-11-23.)
22 Section 10-25. The Illinois Act on the Aging is amended by
23 changing Section 4.15 as follows:
24 (20 ILCS 105/4.15)
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1 Sec. 4.15. Eligibility determinations.
2 (a) The Department is authorized to make eligibility
3 determinations for benefits administered by other governmental
4 bodies based on the Senior Citizens and Persons with
5 Disabilities Property Tax Relief Act as follows:
6 (i) for the Secretary of State with respect to reduced
7 fees paid by qualified vehicle owners under the Illinois
8 Vehicle Code;
9 (ii) for special districts that offer free fixed route
10 public transportation services for qualified older adults
11 under the Local Mass Transit District Act, the Chicago
12 Transit Authority Act Metropolitan Transit Authority Act,
13 and the Northern Illinois Transit Authority Act Regional
14 Transportation Authority Act; and
15 (iii) for special districts that offer transit
16 services for qualified individuals with disabilities under
17 the Local Mass Transit District Act, the Chicago Transit
18 Authority Act Metropolitan Transit Authority Act, and the
19 Northern Illinois Transit Authority Act Regional
20 Transportation Authority Act.
21 (b) The Department shall establish the manner by which
22 claimants shall apply for these benefits. The Department is
23 authorized to promulgate rules regarding the following
24 matters: the application cycle; the application process; the
25 content for an electronic application; required personal
26 identification information; acceptable proof of eligibility as
SB2111 Enrolled - 524 - LRB104 09876 LNS 19944 b
1 to age, disability status, marital status, residency, and
2 household income limits; household composition; calculating
3 income; use of social security numbers; duration of
4 eligibility determinations; and any other matters necessary
5 for such administrative operations.
6 (c) All information received by the Department from an
7 application or from any investigation to determine eligibility
8 for benefits shall be confidential, except for official
9 purposes.
10 (d) A person may not under any circumstances charge a fee
11 to a claimant for assistance in completing an application form
12 for these benefits.
13 (Source: P.A. 98-887, eff. 8-15-14; 99-143, eff. 7-27-15.)
14 Section 10-30. The Illinois State Police Law of the Civil
15 Administrative Code of Illinois is amended by changing Section
16 2605-340 as follows:
17 (20 ILCS 2605/2605-340) (was 20 ILCS 2605/55a in part)
18 Sec. 2605-340. Conviction information for private carrier
19 company under the Chicago Transit Authority Act Metropolitan
20 Transit Authority Act. Upon the request of a private carrier
21 company that provides transportation under Section 28b of the
22 Chicago Transit Authority Act Metropolitan Transit Authority
23 Act, to ascertain whether an applicant for a driver position
24 has been convicted of any criminal or drug offense enumerated
SB2111 Enrolled - 525 - LRB104 09876 LNS 19944 b
1 in that Section. The Illinois State Police shall furnish the
2 conviction information to the private carrier company that
3 requested the information.
4 (Source: P.A. 102-538, eff. 8-20-21.)
5 Section 10-35. The Department of Transportation Law of the
6 Civil Administrative Code of Illinois is amended by changing
7 Sections 2705-305 and 2705-315 as follows:
8 (20 ILCS 2705/2705-305)
9 Sec. 2705-305. Grants for mass transportation.
10 (a) For the purpose of mass transportation grants and
11 contracts, the following definitions apply:
12 "Carrier" means any corporation, authority, partnership,
13 association, person, or district authorized to provide mass
14 transportation within the State.
15 "District" means all of the following:
16 (i) Any district created pursuant to the Local Mass
17 Transit District Act.
18 (ii) The Authority created pursuant to the Chicago
19 Transit Authority Act Metropolitan Transit Authority Act.
20 (iii) Any authority, commission, or other entity that
21 by virtue of an interstate compact approved by Congress is
22 authorized to provide mass transportation.
23 (iv) The Authority created pursuant to the Northern
24 Illinois Transit Authority Act Regional Transportation
SB2111 Enrolled - 526 - LRB104 09876 LNS 19944 b
1 Authority Act.
2 "Facilities" comprise all real and personal property used
3 in or appurtenant to a mass transportation system, including
4 parking lots.
5 "Mass transportation" means transportation provided within
6 the State of Illinois by rail, bus, or other conveyance and
7 available to the general public on a regular and continuing
8 basis, including the transportation of persons with
9 disabilities or elderly persons as provided more specifically
10 in Section 2705-310.
11 "Unit of local government" means any city, village,
12 incorporated town, or county.
13 (b) Grants may be made to units of local government,
14 districts, and carriers for the acquisition, construction,
15 extension, reconstruction, and improvement of mass
16 transportation facilities. Grants shall be made upon the terms
17 and conditions that in the judgment of the Secretary are
18 necessary to ensure their proper and effective utilization.
19 (c) The Department shall make grants under this Law in a
20 manner designed, so far as is consistent with the maintenance
21 and development of a sound mass transportation system within
22 the State, to: (i) maximize federal funds for the assistance
23 of mass transportation in Illinois under the Federal Transit
24 Act and other federal Acts; (ii) facilitate the movement of
25 persons who because of age, economic circumstance, or physical
26 infirmity are unable to drive; (iii) contribute to an improved
SB2111 Enrolled - 527 - LRB104 09876 LNS 19944 b
1 environment through the reduction of air, water, and noise
2 pollution; and (iv) reduce traffic congestion.
3 (d) The Secretary shall establish procedures for making
4 application for mass transportation grants. The procedures
5 shall provide for public notice of all applications and give
6 reasonable opportunity for the submission of comments and
7 objections by interested parties. The procedures shall be
8 designed with a view to facilitating simultaneous application
9 for a grant to the Department and to the federal government.
10 (e) Grants may be made for mass transportation projects as
11 follows:
12 (1) In an amount not to exceed 100% of the nonfederal
13 share of projects for which a federal grant is made.
14 (2) In an amount not to exceed 100% of the net project
15 cost for projects for which a federal grant is not made.
16 (3) In an amount not to exceed five-sixths of the net
17 project cost for projects essential for the maintenance of
18 a sound transportation system and eligible for federal
19 assistance for which a federal grant application has been
20 made but a federal grant has been delayed. If and when a
21 federal grant is made, the amount in excess of the
22 nonfederal share shall be promptly returned to the
23 Department.
24 In no event shall the Department make a grant that,
25 together with any federal funds or funds from any other
26 source, is in excess of 100% of the net project cost.
SB2111 Enrolled - 528 - LRB104 09876 LNS 19944 b
1 (f) Regardless of whether any funds are available under a
2 federal grant, the Department shall not make a mass
3 transportation grant unless the Secretary finds that the
4 recipient has entered into an agreement with the Department in
5 which the recipient agrees not to engage in school bus
6 operations exclusively for the transportation of students and
7 school personnel in competition with private school bus
8 operators where those private school bus operators are able to
9 provide adequate transportation, at reasonable rates, in
10 conformance with applicable safety standards, provided that
11 this requirement shall not apply to a recipient that operates
12 a school system in the area to be served and operates a
13 separate and exclusive school bus program for the school
14 system.
15 (g) Grants may be made for mass transportation purposes
16 with funds appropriated from the Build Illinois Bond Fund
17 consistent with the specific purposes for which those funds
18 are appropriated by the General Assembly. Grants under this
19 subsection (g) are not subject to any limitations or
20 conditions imposed upon grants by any other provision of this
21 Section, except that the Secretary may impose the terms and
22 conditions that in his or her judgment are necessary to ensure
23 the proper and effective utilization of the grants under this
24 subsection.
25 (h) The Department may let contracts for mass
26 transportation purposes and facilities for the purpose of
SB2111 Enrolled - 529 - LRB104 09876 LNS 19944 b
1 reducing urban congestion funded in whole or in part with
2 bonds described in subdivision (b)(1) of Section 4 of the
3 General Obligation Bond Act, not to exceed $75,000,000 in
4 bonds.
5 (i) The Department may make grants to carriers, districts,
6 and units of local government for the purpose of reimbursing
7 them for providing reduced fares for mass transportation
8 services for students, persons with disabilities, and the
9 elderly. Grants shall be made upon the terms and conditions
10 that in the judgment of the Secretary are necessary to ensure
11 their proper and effective utilization.
12 (j) The Department may make grants to carriers, districts,
13 and units of local government for costs of providing ADA
14 paratransit service.
15 (Source: P.A. 99-143, eff. 7-27-15.)
16 (20 ILCS 2705/2705-315) (was 20 ILCS 2705/49.19b)
17 Sec. 2705-315. Grants for passenger security. The
18 Department may make grants from the Transportation Fund and
19 the General Revenue Fund to the Northern Illinois Transit
20 Authority Regional Transportation Authority created under the
21 Northern Illinois Transit Authority Act Regional
22 Transportation Authority Act to be used to provide protection
23 against crime for the consumers of public transportation, and
24 for the employees and facilities of public transportation
25 providers, in the metropolitan region. The grants may be used
SB2111 Enrolled - 530 - LRB104 09876 LNS 19944 b
1 (1) to provide that protection directly, or (2) to contract
2 with any municipality or county in the metropolitan region to
3 provide that protection, or (3) except for the Chicago Transit
4 Authority created under the Chicago Transit Authority Act
5 Metropolitan Transit Authority Act, to contract with a private
6 security agency to provide that protection.
7 The grants shall be made upon the terms and conditions
8 that in the judgment of the Secretary are necessary to ensure
9 their proper and effective utilization. The procedures
10 provided in Section 2705-305 to govern grants for mass
11 transportation shall apply to grants made under this Section.
12 (Source: P.A. 91-239, eff. 1-1-00.)
13 Section 10-40. The Illinois State Auditing Act is amended
14 by changing Section 3-2.3 as follows:
15 (30 ILCS 5/3-2.3)
16 Sec. 3-2.3. Report on Chicago Transit Authority.
17 (a) No less than 60 days prior to the issuance of bonds or
18 notes by the Chicago Transit Authority (referred to as the
19 "Authority" in this Section) pursuant to Section 12c of the
20 Chicago Transit Authority Act Metropolitan Transit Authority
21 Act, the following documentation shall be submitted to the
22 Auditor General and the Northern Illinois Transit Authority
23 Regional Transportation Authority:
24 (1) Retirement Plan Documentation. The Authority shall
SB2111 Enrolled - 531 - LRB104 09876 LNS 19944 b
1 submit a certification that:
2 (A) it is legally authorized to issue the bonds or
3 notes;
4 (B) scheduled annual payments of principal and
5 interest on the bonds and notes to be issued meet the
6 requirements of paragraph (5) of subsection (b) of
7 Section 12c(b)(5) of the Chicago Transit Authority Act
8 Metropolitan Transit Authority Act;
9 (C) no bond or note shall mature later than
10 December 31, 2040;
11 (D) after payment of costs of issuance and
12 necessary deposits to funds and accounts established
13 with respect to debt service on the bonds or notes, the
14 net bond and note proceeds (exclusive of any proceeds
15 to be used to refund outstanding bonds or notes) will
16 be deposited in the Retirement Plan for Chicago
17 Transit Authority Employees and used only for the
18 purposes required by Section 22-101 of the Illinois
19 Pension Code; and
20 (E) it has entered into an intergovernmental
21 agreement with the City of Chicago under which the
22 City of Chicago will provide financial assistance to
23 the Authority in an amount equal to the net receipts,
24 after fees for costs of collection, from a tax on the
25 privilege of transferring title to real estate in the
26 City of Chicago in an amount up to $1.50 per $500 of
SB2111 Enrolled - 532 - LRB104 09876 LNS 19944 b
1 value or fraction thereof under the provisions of
2 Section 8-3-19 of the Illinois Municipal Code, which
3 agreement shall be for a term expiring no earlier than
4 the final maturity of bonds or notes that it proposes
5 to issue under Section 12c of the Chicago Transit
6 Authority Act Metropolitan Transit Authority Act.
7 (2) The Board of Trustees of the Retirement Plan for
8 Chicago Transit Authority Employees shall submit a
9 certification that the Retirement Plan for Chicago Transit
10 Authority Employees is operating in accordance with all
11 applicable legal and contractual requirements, including
12 the following:
13 (A) the members of a new Board of Trustees have
14 been appointed according to the requirements of
15 Section 22-101(b) of the Illinois Pension Code; and
16 (B) contribution levels for employees and the
17 Authority have been established according to the
18 requirements of Section 22-101(d) of the Illinois
19 Pension Code.
20 (3) Actuarial Report. The Board of Trustees of the
21 Retirement Plan for Chicago Transit Authority Employees
22 shall submit an actuarial report prepared by an enrolled
23 actuary setting forth:
24 (A) the method of valuation and the underlying
25 assumptions;
26 (B) a comparison of the debt service schedules of
SB2111 Enrolled - 533 - LRB104 09876 LNS 19944 b
1 the bonds or notes proposed to be issued to the
2 Retirement Plan's current unfunded actuarial accrued
3 liability amortization schedule, as required by
4 Section 22-101(e) of the Illinois Pension Code, using
5 the projected interest cost of the bond or note issue
6 as the discount rate to calculate the estimated net
7 present value savings;
8 (C) the amount of the estimated net present value
9 savings comparing the true interest cost of the bonds
10 or notes with the actuarial investment return
11 assumption of the Retirement Plan; and
12 (D) a certification that the net proceeds of the
13 bonds or notes, together with anticipated earnings on
14 contributions and deposits, will be sufficient to
15 reasonably conclude on an actuarial basis that the
16 total retirement assets of the Retirement Plan will
17 not be less than 90% of its liabilities by the end of
18 fiscal year 2059.
19 (4) The Authority shall submit a financial analysis
20 prepared by an independent advisor. The financial analysis
21 must include a determination that the issuance of bonds is
22 in the best interest of the Retirement Plan for Chicago
23 Transit Authority Employees and the Chicago Transit
24 Authority. The independent advisor shall not act as
25 underwriter or receive a legal, consulting, or other fee
26 related to the issuance of any bond or notes issued by the
SB2111 Enrolled - 534 - LRB104 09876 LNS 19944 b
1 Authority pursuant to Section 12c of the Chicago Transit
2 Authority Act Metropolitan Transit Authority Act except
3 compensation due for the preparation of the financial
4 analysis.
5 (5) Retiree Health Care Trust Documentation. The
6 Authority shall submit a certification that:
7 (A) it is legally authorized to issue the bonds or
8 notes;
9 (B) scheduled annual payments of principal and
10 interest on the bonds and notes to be issued meets the
11 requirements of paragraph (5) of subsection (b) of
12 Section 12c(b)(5) of the Chicago Transit Authority Act
13 Metropolitan Transit Authority Act;
14 (C) no bond or note shall mature later than
15 December 31, 2040;
16 (D) after payment of costs of issuance and
17 necessary deposits to funds and accounts established
18 with respect to debt service on the bonds or notes, the
19 net bond and note proceeds (exclusive of any proceeds
20 to be used to refund outstanding bonds or notes) will
21 be deposited in the Retiree Health Care Trust and used
22 only for the purposes required by Section 22-101B of
23 the Illinois Pension Code; and
24 (E) it has entered into an intergovernmental
25 agreement with the City of Chicago under which the
26 City of Chicago will provide financial assistance to
SB2111 Enrolled - 535 - LRB104 09876 LNS 19944 b
1 the Authority in an amount equal to the net receipts,
2 after fees for costs of collection, from a tax on the
3 privilege of transferring title to real estate in the
4 City of Chicago in an amount up to $1.50 per $500 of
5 value or fraction thereof under the provisions of
6 Section 8-3-19 of the Illinois Municipal Code, which
7 agreement shall be for a term expiring no earlier than
8 the final maturity of bonds or notes that it proposes
9 to issue under Section 12c of the Chicago Transit
10 Authority Act Metropolitan Transit Authority Act.
11 (6) The Board of Trustees of the Retiree Health Care
12 Trust shall submit a certification that the Retiree Health
13 Care Trust has been established in accordance with all
14 applicable legal requirements, including the following:
15 (A) the Retiree Health Care Trust has been
16 established and a Trust document is in effect to
17 govern the Retiree Health Care Trust;
18 (B) the members of the Board of Trustees of the
19 Retiree Health Care Trust have been appointed
20 according to the requirements of Section 22-101B(b)(1)
21 of the Illinois Pension Code;
22 (C) a health care benefit program for eligible
23 retirees and their dependents and survivors has been
24 established by the Board of Trustees according to the
25 requirements of Section 22-101B(b)(2) of the Illinois
26 Pension Code;
SB2111 Enrolled - 536 - LRB104 09876 LNS 19944 b
1 (D) contribution levels have been established for
2 retirees, dependents and survivors according to the
3 requirements of Section 22-101B(b)(5) of the Illinois
4 Pension Code; and
5 (E) contribution levels have been established for
6 employees of the Authority according to the
7 requirements of Section 22-101B(b)(6) of the Illinois
8 Pension Code.
9 (7) Actuarial Report. The Board of Trustees of the
10 Retiree Health Care Trust shall submit an actuarial report
11 prepared by an enrolled actuary setting forth:
12 (A) the method of valuation and the underlying
13 assumptions;
14 (B) a comparison of the projected interest cost of
15 the bonds or notes proposed to be issued with the
16 actuarial investment return assumption of the Retiree
17 Health Care Trust; and
18 (C) a certification that the net proceeds of the
19 bonds or notes, together with anticipated earnings on
20 contributions and deposits, will be sufficient to
21 adequately fund the actuarial present value of
22 projected benefits expected to be paid under the
23 Retiree Health Care Trust, or a certification of the
24 increases in contribution levels and decreases in
25 benefit levels that would be required in order to cure
26 any funding shortfall over a period of not more than 10
SB2111 Enrolled - 537 - LRB104 09876 LNS 19944 b
1 years.
2 (8) The Authority shall submit a financial analysis
3 prepared by an independent advisor. The financial analysis
4 must include a determination that the issuance of bonds is
5 in the best interest of the Retiree Health Care Trust and
6 the Chicago Transit Authority. The independent advisor
7 shall not act as underwriter or receive a legal,
8 consulting, or other fee related to the issuance of any
9 bond or notes issued by the Authority pursuant to Section
10 12c of the Chicago Transit Authority Act Metropolitan
11 Transit Authority Act except compensation due for the
12 preparation of the financial analysis.
13 (b) The Auditor General shall examine the information
14 submitted pursuant to Section 3-2.3(a)(1) through (4) and
15 submit a report to the General Assembly, the Legislative Audit
16 Commission, the Governor, the Northern Illinois Transit
17 Authority Regional Transportation Authority and the Authority
18 indicating whether (i) the required certifications by the
19 Authority and the Board of Trustees of the Retirement Plan
20 have been made, and (ii) the actuarial reports have been
21 provided, the reports include all required information, the
22 assumptions underlying those reports are not unreasonable in
23 the aggregate, and the reports appear to comply with all
24 pertinent professional standards, including those issued by
25 the Actuarial Standards Board. The Auditor General shall
26 submit such report no later than 60 days after receiving the
SB2111 Enrolled - 538 - LRB104 09876 LNS 19944 b
1 information required to be submitted by the Authority and the
2 Board of Trustees of the Retirement Plan. Any bonds or notes
3 issued by the Authority under item (1) of subsection (b) of
4 Section 12c of the Chicago Transit Authority Act Metropolitan
5 Transit Authority Act shall be issued within 120 days after
6 receiving such report from the Auditor General. The Authority
7 may not issue bonds or notes until it receives the report from
8 the Auditor General indicating the above requirements have
9 been met.
10 (c) The Auditor General shall examine the information
11 submitted pursuant to Section 3-2.3(a)(5) through (8) and
12 submit a report to the General Assembly, the Legislative Audit
13 Commission, the Governor, the Northern Illinois Transit
14 Authority Regional Transportation Authority and the Authority
15 indicating whether (i) the required certifications by the
16 Authority and the Board of Trustees of the Retiree Health Care
17 Trust have been made, and (ii) the actuarial reports have been
18 provided, the reports include all required information, the
19 assumptions underlying those reports are not unreasonable in
20 the aggregate, and the reports appear to comply with all
21 pertinent professional standards, including those issued by
22 the Actuarial Standards Board. The Auditor General shall
23 submit such report no later than 60 days after receiving the
24 information required to be submitted by the Authority and the
25 Board of Trustees of the Retiree Health Care Trust. Any bonds
26 or notes issued by the Authority under item (2) of subsection
SB2111 Enrolled - 539 - LRB104 09876 LNS 19944 b
1 (b) of Section 12c of the Chicago Transit Authority Act
2 Metropolitan Transit Authority Act shall be issued within 120
3 days after receiving such report from the Auditor General. The
4 Authority may not issue bonds or notes until it receives a
5 report from the Auditor General indicating the above
6 requirements have been met.
7 (d) In fulfilling this duty, after receiving the
8 information submitted pursuant to Section 3-2.3(a), the
9 Auditor General may request additional information and support
10 pertaining to the data and conclusions contained in the
11 submitted documents and the Authority, the Board of Trustees
12 of the Retirement Plan and the Board of Trustees of the Retiree
13 Health Care Trust shall cooperate with the Auditor General and
14 provide additional information as requested in a timely
15 manner. The Auditor General may also request from the Northern
16 Illinois Transit Authority Regional Transportation Authority
17 an analysis of the information submitted by the Authority
18 relating to the sources of funds to be utilized for payment of
19 the proposed bonds or notes of the Authority. The Auditor
20 General's report shall not be in the nature of a post-audit or
21 examination and shall not lead to the issuance of an opinion as
22 that term is defined in generally accepted government auditing
23 standards.
24 (e) Annual Retirement Plan Submission to Auditor General.
25 The Board of Trustees of the Retirement Plan for Chicago
26 Transit Authority Employees established by Section 22-101 of
SB2111 Enrolled - 540 - LRB104 09876 LNS 19944 b
1 the Illinois Pension Code shall provide the following
2 documents to the Auditor General annually no later than
3 September 30:
4 (1) the most recent audit or examination of the
5 Retirement Plan;
6 (2) an annual statement containing the information
7 specified in Section 1A-109 of the Illinois Pension Code;
8 and
9 (3) a complete actuarial statement applicable to the
10 prior plan year, which may be the annual report of an
11 enrolled actuary retained by the Retirement Plan specified
12 in Section 22-101(e) of the Illinois Pension Code.
13 The Auditor General shall annually examine the information
14 provided pursuant to this subsection and shall submit a report
15 of the analysis thereof to the General Assembly, including the
16 report specified in Section 22-101(e) of the Illinois Pension
17 Code.
18 (f) The Auditor General shall annually examine the
19 information submitted pursuant to Section 22-101B(b)(3)(iii)
20 of the Illinois Pension Code and shall prepare the
21 determination specified in Section 22-101B(b)(3)(iv) of the
22 Illinois Pension Code.
23 (g) In fulfilling the duties under Sections 3-2.3(e) and
24 (f), the Auditor General may request additional information
25 and support pertaining to the data and conclusions contained
26 in the submitted documents, and the Authority, the Board of
SB2111 Enrolled - 541 - LRB104 09876 LNS 19944 b
1 Trustees of the Retirement Plan, and the Board of Trustees of
2 the Retiree Health Care Trust shall cooperate with the Auditor
3 General and provide additional information as requested in a
4 timely manner. The Auditor General's review shall not be in
5 the nature of a post-audit or examination and shall not lead to
6 the issuance of an opinion as that term is defined in generally
7 accepted government auditing standards. Upon request of the
8 Auditor General, the Commission on Government Forecasting and
9 Accountability and the Public Pension Division of the
10 Department of Insurance shall cooperate with and assist the
11 Auditor General in the conduct of his review.
12 (h) The Auditor General shall submit a bill to the
13 Authority for costs associated with the examinations and
14 reports specified in subsections (b) and (c) of this Section
15 3-2.3, which the Authority shall reimburse in a timely manner.
16 The costs associated with the examinations and reports which
17 are reimbursed by the Authority shall constitute a cost of
18 issuance of the bonds or notes under Section 12c(b)(1) and (2)
19 of the Chicago Transit Authority Act Metropolitan Transit
20 Authority Act. The amount received shall be deposited into the
21 fund or funds from which such costs were paid by the Auditor
22 General. The Auditor General shall submit a bill to the
23 Retirement Plan for Chicago Transit Authority Employees for
24 costs associated with the examinations and reports specified
25 in subsection (e) of this Section, which the Retirement Plan
26 for Chicago Transit Authority Employees shall reimburse in a
SB2111 Enrolled - 542 - LRB104 09876 LNS 19944 b
1 timely manner. The amount received shall be deposited into the
2 fund or funds from which such costs were paid by the Auditor
3 General. The Auditor General shall submit a bill to the
4 Retiree Health Care Trust for costs associated with the
5 determination specified in subsection (f) of this Section,
6 which the Retiree Health Care Trust shall reimburse in a
7 timely manner. The amount received shall be deposited into the
8 fund or funds from which such costs were paid by the Auditor
9 General.
10 (Source: P.A. 103-605, eff. 7-1-24.)
11 Section 10-45. The Illinois Pension Code is amended by
12 changing Sections 8-230.1, 11-221.1, 18-112, and 22-101 as
13 follows:
14 (40 ILCS 5/8-230.1) (from Ch. 108 1/2, par. 8-230.1)
15 Sec. 8-230.1. Right of employees to contribute for certain
16 other service. Any employee in the service, after having made
17 contributions covering a period of 10 or more years to the
18 annuity and benefit fund herein provided for, may elect to pay
19 for and receive credit for all annuity purposes for service
20 theretofore rendered by the employee to the Chicago Transit
21 Authority created by the Chicago Transit Authority Act
22 Metropolitan Transit Authority Act or its predecessor public
23 utilities; provided that the last 5 years of service prior to
24 retirement on annuity shall have been as an employee of the
SB2111 Enrolled - 543 - LRB104 09876 LNS 19944 b
1 City and a contributor to this Fund. Such service credit may be
2 paid for and granted on the same basis and conditions as are
3 applicable in the case of employees who make payment for past
4 service under the provisions of Section 8-230, but on the
5 assumption that the employee's salary throughout all of his or
6 her service with the Authority or its predecessor public
7 utilities was at the rate of the employee's salary at the later
8 of the date of his or her entrance or reentrance into the
9 service as a municipal employee, as applicable. In no event,
10 however, shall such service be credited if the employee has
11 not forfeited and relinquished pension credit for service
12 covering such period under any pension or retirement plan
13 applicable to the Authority or its predecessor public
14 utilities and instituted and maintained by the Authority or
15 its predecessor public utilities for the benefit of its
16 employees.
17 (Source: P.A. 103-455, eff. 1-1-24.)
18 (40 ILCS 5/11-221.1) (from Ch. 108 1/2, par. 11-221.1)
19 Sec. 11-221.1. Right of employees to contribute for
20 certain other service. Any employee in the service, after
21 having made contributions covering a period of 10 or more
22 years to the annuity and benefit fund herein provided for, may
23 elect to pay for and receive credit for all annuity purposes
24 for service theretofore rendered by the employee to the
25 Chicago Transit Authority created by the Chicago Transit
SB2111 Enrolled - 544 - LRB104 09876 LNS 19944 b
1 Authority Act Metropolitan Transit Authority Act; provided
2 that if the employee has more than 10 years of such service,
3 only the last 10 years of such service shall be credited. Such
4 service credit may be paid for and granted on the same basis
5 and conditions as are applicable in the case of employees who
6 make payment for past service under the provisions of Section
7 11-221, but on the assumption that the employee's salary
8 throughout all of his or her service with the Authority was at
9 the rate of the employee's salary at the date of his or her
10 entrance into the service as an employee. In no event,
11 however, shall such service be credited if the employee has
12 not forfeited and relinquished pension credit for service
13 covering such period under any pension or retirement plan
14 applicable to the Authority and instituted and maintained by
15 the Authority for the benefit of its employees.
16 (Source: P.A. 90-655, eff. 7-30-98.)
17 (40 ILCS 5/18-112) (from Ch. 108 1/2, par. 18-112)
18 Sec. 18-112. Service. "Service": The period beginning on
19 the day a person first became a judge, whether prior or
20 subsequent to the effective date, and ending on the date under
21 consideration, excluding all intervening periods during which
22 he or she was not a judge following resignation or expiration
23 of any term of election or appointment.
24 Service also includes the following: (a) Any period prior
25 to January 1, 1964 during which a judge served as a justice of
SB2111 Enrolled - 545 - LRB104 09876 LNS 19944 b
1 the peace, police magistrate or master in chancery, or as a
2 civil referee, commissioner or trial assistant to the chief
3 judge in the Municipal Court of Chicago, or performed judicial
4 duties as an assistant to the judge of the Probate Court of
5 Cook County. A judge shall be entitled to credit for all or as
6 much as the judge may desire of such service, not exceeding 8
7 years, upon payment of the participant's contribution covering
8 such service at the contribution rates in effect on July 1,
9 1969, together with interest at 4% per annum compounded
10 annually, from the dates the service was rendered to the date
11 of payment, provided credit for such service had not been
12 granted in any public pension fund or retirement system in the
13 State. The required contributions shall be based upon the rate
14 of salary in effect for the judge on the date he or she entered
15 the system or on January 1, 1964, whichever is later.
16 (b) Service rendered after January 1, 1964, as a holdover
17 magistrate or master in chancery of the Circuit Court. A judge
18 shall be entitled to credit for any period of such service, not
19 exceeding a total of 8 years, together with the period of
20 service taken into account in paragraph (a). Service credit
21 under this paragraph is subject to the same contribution
22 requirements and other limitations that are prescribed for
23 service credit under paragraph (a).
24 (c) Any period that a participant served as a member of the
25 General Assembly, subject to the following conditions:
26 (1) He or she has been a participant in this system for at
SB2111 Enrolled - 546 - LRB104 09876 LNS 19944 b
1 least 4 years and has contributed to the system for service
2 rendered as a member of the General Assembly subsequent to
3 November 1, 1941, at the contribution rates in effect for a
4 judge on the date of becoming a participant, including
5 interest at 3% per annum compounded annually from the date
6 such service was rendered to the date of payment, based on the
7 salary in effect during such period of service; and
8 (2) The participant is not entitled to credit for such
9 service in any other public retirement system in the State.
10 (d) Any period a participant served as a judge or
11 commissioner of the Court of Claims of this State after
12 November 1, 1941, provided he or she contributes to the system
13 at the contribution rates in effect on the date of becoming a
14 participant, based on salary received during such service,
15 including interest at 3% per annum compounded annually from
16 the date such service was rendered to the date of payment.
17 (e) Any period that a participant served as State's
18 Attorney or Public Defender of any county of this State,
19 subject to the following conditions: (1) such service was not
20 credited under any public pension fund or retirement system;
21 (2) the maximum service to be credited in this system shall be
22 8 years; (3) the participant must have at least 6 years of
23 service as a judge and as a participant of this system; and (4)
24 the participant has made contributions to the system for such
25 service at the contribution rates in effect on the date of
26 becoming a participant in this system based upon the salary of
SB2111 Enrolled - 547 - LRB104 09876 LNS 19944 b
1 the judge on such date, including interest at 4% per annum
2 compounded annually from such date to the date of payment.
3 A judge who terminated service before January 26, 1988 and
4 whose retirement annuity began after January 1, 1988 may
5 establish credit for service as a Public Defender in
6 accordance with the other provisions of this subsection by
7 making application and paying the required contributions to
8 the Board not later than 30 days after August 23, 1989. In such
9 cases, the Board shall recalculate the retirement annuity,
10 effective on the first day of the next calendar month
11 beginning at least 30 days after the application is received.
12 (f) Any period as a participating policeman, employee or
13 teacher under Article 5, 14 or 16 of this Code, subject to the
14 following conditions: (1) the credits accrued under Article 5,
15 14 or 16 have been transferred to this system; and (2) the
16 participant has contributed to the system an amount equal to
17 (A) contributions at the rate in effect for participants at
18 the date of membership in this system based upon the salary of
19 the judge on such date, (B) the employer's share of the normal
20 cost under this system for each year that credit is being
21 established, based on the salary in effect at the date of
22 membership in this system, and (C) interest at 6% per annum,
23 compounded annually, from the date of membership to the date
24 of payment; less (D) the amount transferred on behalf of the
25 participant from Article 5, 14 or 16.
26 (g) Any period that a participant served as the
SB2111 Enrolled - 548 - LRB104 09876 LNS 19944 b
1 Administrative Director of the Circuit Court of Cook County,
2 as Executive Director of the Home Rule Commission, as
3 assistant corporation counsel in the Chicago Law Department,
4 or as an employee of the Cook County Treasurer, subject to the
5 following conditions: (1) the maximum amount of such service
6 which may be credited is 10 years; (2) in order to qualify for
7 such credit in this system, a judge must have at least 6 years
8 of service as a judge and participant of this system; (3) the
9 last 6 years of service credited in this system shall be as a
10 judge and a participant in this system; (4) credits accrued to
11 the participant under any other public pension fund or public
12 retirement system in the State, if any, by reason of the
13 service to be established under this paragraph (g) has been
14 transferred to this system; and (5) the participant has
15 contributed to this system the amount, if any, by which the
16 amount transferred pursuant to subdivision (4) of this
17 paragraph, if any, is less than the amount which the
18 participant would have contributed to the system during the
19 period of time being counted as service under this paragraph
20 had the participant been a judge participating in this system
21 during that time, based on the rate of contribution in effect
22 and the salary earned by the participant on the date he or she
23 became a participant, with interest accruing on such
24 deficiency at a rate of 5% per annum from the date he or she
25 became a participant through the date on which such deficiency
26 is paid.
SB2111 Enrolled - 549 - LRB104 09876 LNS 19944 b
1 (h) Any period that a participant served as a full-time
2 attorney employed by the Chicago Transit Authority created by
3 the Chicago Transit Authority Act Metropolitan Transit
4 Authority Act, subject to the following conditions: (1) any
5 credit received for such service in the pension fund
6 established under Section 22-101 has been terminated; (2) the
7 maximum amount of such service to be credited in this system
8 shall be 10 years; (3) the participant must have at least 6
9 years of service as a judge and as a participant of this
10 system; and (4) the participant has made contributions to the
11 system for such service at the contribution rates in effect on
12 the date of becoming a participant in this system based upon
13 the salary of the judge on such date, including interest at 5%
14 per annum compounded annually from such date to the date of
15 payment.
16 (i) Any period during which a participant received
17 temporary total disability benefit payments, as provided in
18 Section 18-126.1.
19 Service during a fraction of a month shall be considered a
20 month of service, but no more than one month of service shall
21 be credited for all service during any calendar month.
22 (Source: P.A. 86-272; 86-273; 86-1028; 87-1265.)
23 (40 ILCS 5/22-101) (from Ch. 108 1/2, par. 22-101)
24 Sec. 22-101. Retirement Plan for Chicago Transit Authority
25 Employees.
SB2111 Enrolled - 550 - LRB104 09876 LNS 19944 b
1 (a) There shall be established and maintained by the
2 Authority created by the Chicago Transit Authority Act
3 "Metropolitan Transit Authority Act ", approved April 12,
4 1945, as amended, (referred to in this Section as the
5 "Authority, ") a financially sound pension and retirement
6 system adequate to provide for all payments when due under
7 such established system or as modified from time to time by
8 ordinance of the Chicago Transit Board or collective
9 bargaining agreement. For this purpose, the Board must make
10 contributions to the established system as required under this
11 Section and may make any additional contributions provided for
12 by Board ordinance or collective bargaining agreement. The
13 participating employees shall make such periodic payments to
14 the established system as required under this Section and may
15 make any additional contributions provided for by Board
16 ordinance or collective bargaining agreement.
17 Provisions shall be made by the Board for all officers,
18 except those who first become members on or after January 1,
19 2012, and employees of the Authority appointed pursuant to the
20 Chicago Transit Authority Act "Metropolitan Transit Authority
21 Act" to become, subject to reasonable rules and regulations,
22 participants of the pension or retirement system with uniform
23 rights, privileges, obligations and status as to the class in
24 which such officers and employees belong. The terms,
25 conditions and provisions of any pension or retirement system
26 or of any amendment or modification thereof affecting
SB2111 Enrolled - 551 - LRB104 09876 LNS 19944 b
1 employees who are members of any labor organization may be
2 established, amended or modified by agreement with such labor
3 organization, provided the terms, conditions and provisions
4 must be consistent with this Act, the annual funding levels
5 for the retirement system established by law must be met and
6 the benefits paid to future participants in the system may not
7 exceed the benefit ceilings set for future participants under
8 this Act and the contribution levels required by the Authority
9 and its employees may not be less than the contribution levels
10 established under this Act.
11 (b) The Board of Trustees shall consist of 11 members
12 appointed as follows: (i) 5 trustees shall be appointed by the
13 Chicago Transit Board; (ii) 3 trustees shall be appointed by
14 an organization representing the highest number of Chicago
15 Transit Authority participants; (iii) one trustee shall be
16 appointed by an organization representing the second-highest
17 number of Chicago Transit Authority participants; (iv) one
18 trustee shall be appointed by the recognized coalition
19 representatives of participants who are not represented by an
20 organization with the highest or second-highest number of
21 Chicago Transit Authority participants; and (v) one trustee
22 shall be selected by the Northern Illinois Transit Authority
23 Board Regional Transportation Authority Board of Directors,
24 and the trustee shall be a professional fiduciary who has
25 experience in the area of collectively bargained pension
26 plans. Trustees shall serve until a successor has been
SB2111 Enrolled - 552 - LRB104 09876 LNS 19944 b
1 appointed and qualified, or until resignation, death,
2 incapacity, or disqualification.
3 Any person appointed as a trustee of the board shall
4 qualify by taking an oath of office that he or she will
5 diligently and honestly administer the affairs of the system
6 and will not knowingly violate or willfully permit the
7 violation of any of the provisions of law applicable to the
8 Plan, including Sections 1-109, 1-109.1, 1-109.2, 1-110,
9 1-111, 1-114, and 1-115 of the Illinois Pension Code.
10 Each trustee shall cast individual votes, and a majority
11 vote shall be final and binding upon all interested parties,
12 provided that the Board of Trustees may require a
13 supermajority vote with respect to the investment of the
14 assets of the Retirement Plan, and may set forth that
15 requirement in the Retirement Plan documents, by-laws, or
16 rules of the Board of Trustees. Each trustee shall have the
17 rights, privileges, authority, and obligations as are usual
18 and customary for such fiduciaries.
19 The Board of Trustees may cause amounts on deposit in the
20 Retirement Plan to be invested in those investments that are
21 permitted investments for the investment of moneys held under
22 any one or more of the pension or retirement systems of the
23 State, any unit of local government or school district, or any
24 agency or instrumentality thereof. The Board, by a vote of at
25 least two-thirds of the trustees, may transfer investment
26 management to the Illinois State Board of Investment, which is
SB2111 Enrolled - 553 - LRB104 09876 LNS 19944 b
1 hereby authorized to manage these investments when so
2 requested by the Board of Trustees.
3 Notwithstanding any other provision of this Article or any
4 law to the contrary, any person who first becomes a member of
5 the Chicago Transit Board on or after January 1, 2012 shall not
6 be eligible to participate in this Retirement Plan.
7 (c) All individuals who were previously participants in
8 the Retirement Plan for Chicago Transit Authority Employees
9 shall remain participants, and shall receive the same benefits
10 established by the Retirement Plan for Chicago Transit
11 Authority Employees, except as provided in this amendatory Act
12 or by subsequent legislative enactment or amendment to the
13 Retirement Plan. For Authority employees hired on or after the
14 effective date of this amendatory Act of the 95th General
15 Assembly, the Retirement Plan for Chicago Transit Authority
16 Employees shall be the exclusive retirement plan and such
17 employees shall not be eligible for any supplemental plan,
18 except for a deferred compensation plan funded only by
19 employee contributions.
20 For all Authority employees who are first hired on or
21 after the effective date of this amendatory Act of the 95th
22 General Assembly and are participants in the Retirement Plan
23 for Chicago Transit Authority Employees, the following terms,
24 conditions and provisions with respect to retirement shall be
25 applicable:
26 (1) Such participant shall be eligible for an
SB2111 Enrolled - 554 - LRB104 09876 LNS 19944 b
1 unreduced retirement allowance for life upon the
2 attainment of age 64 with 25 years of continuous service.
3 (2) Such participant shall be eligible for a reduced
4 retirement allowance for life upon the attainment of age
5 55 with 10 years of continuous service.
6 (3) For the purpose of determining the retirement
7 allowance to be paid to a retiring employee, the term
8 "Continuous Service" as used in the Retirement Plan for
9 Chicago Transit Authority Employees shall also be deemed
10 to include all pension credit for service with any
11 retirement system established under Article 8 or Article
12 11 of this Code, provided that the employee forfeits and
13 relinquishes all pension credit under Article 8 or Article
14 11 of this Code, and the contribution required under this
15 subsection is made by the employee. The Retirement Plan's
16 actuary shall determine the contribution paid by the
17 employee as an amount equal to the normal cost of the
18 benefit accrued, had the service been rendered as an
19 employee, plus interest per annum from the time such
20 service was rendered until the date the payment is made.
21 (d) From the effective date of this amendatory Act through
22 December 31, 2008, all participating employees shall
23 contribute to the Retirement Plan in an amount not less than 6%
24 of compensation, and the Authority shall contribute to the
25 Retirement Plan in an amount not less than 12% of
26 compensation.
SB2111 Enrolled - 555 - LRB104 09876 LNS 19944 b
1 (e)(1) Beginning January 1, 2009 the Authority shall make
2 contributions to the Retirement Plan in an amount equal to
3 twelve percent (12%) of compensation and participating
4 employees shall make contributions to the Retirement Plan in
5 an amount equal to six percent (6%) of compensation. These
6 contributions may be paid by the Authority and participating
7 employees on a payroll or other periodic basis, but shall in
8 any case be paid to the Retirement Plan at least monthly.
9 (2) For the period ending December 31, 2040, the amount
10 paid by the Authority in any year with respect to debt service
11 on bonds issued for the purposes of funding a contribution to
12 the Retirement Plan under Section 12c of the Chicago Transit
13 Authority Act Metropolitan Transit Authority Act, other than
14 debt service paid with the proceeds of bonds or notes issued by
15 the Authority for any year after calendar year 2008, shall be
16 treated as a credit against the amount of required
17 contribution to the Retirement Plan by the Authority under
18 subsection (e)(1) for the following year up to an amount not to
19 exceed 6% of compensation paid by the Authority in that
20 following year.
21 (3) By September 15 of each year beginning in 2009 and
22 ending on December 31, 2039, on the basis of a report prepared
23 by an enrolled actuary retained by the Plan, the Board of
24 Trustees of the Retirement Plan shall determine the estimated
25 funded ratio of the total assets of the Retirement Plan to its
26 total actuarially determined liabilities. A report containing
SB2111 Enrolled - 556 - LRB104 09876 LNS 19944 b
1 that determination and the actuarial assumptions on which it
2 is based shall be filed with the Authority, the
3 representatives of its participating employees, the Auditor
4 General of the State of Illinois, and the Northern Illinois
5 Transit Authority Regional Transportation Authority. If the
6 funded ratio is projected to decline below 60% in any year
7 before 2040, the Board of Trustees shall also determine the
8 increased contribution required each year as a level
9 percentage of payroll over the years remaining until 2040
10 using the projected unit credit actuarial cost method so the
11 funded ratio does not decline below 60% and include that
12 determination in its report. If the actual funded ratio
13 declines below 60% in any year prior to 2040, the Board of
14 Trustees shall also determine the increased contribution
15 required each year as a level percentage of payroll during the
16 years after the then current year using the projected unit
17 credit actuarial cost method so the funded ratio is projected
18 to reach at least 60% no later than 10 years after the then
19 current year and include that determination in its report.
20 Within 60 days after receiving the report, the Auditor General
21 shall review the determination and the assumptions on which it
22 is based, and if he finds that the determination and the
23 assumptions on which it is based are unreasonable in the
24 aggregate, he shall issue a new determination of the funded
25 ratio, the assumptions on which it is based and the increased
26 contribution required each year as a level percentage of
SB2111 Enrolled - 557 - LRB104 09876 LNS 19944 b
1 payroll over the years remaining until 2040 using the
2 projected unit credit actuarial cost method so the funded
3 ratio does not decline below 60%, or, in the event of an actual
4 decline below 60%, so the funded ratio is projected to reach
5 60% by no later than 10 years after the then current year. If
6 the Board of Trustees or the Auditor General determine that an
7 increased contribution is required to meet the funded ratio
8 required by the subsection, effective January 1 following the
9 determination or 30 days after such determination, whichever
10 is later, one-third of the increased contribution shall be
11 paid by participating employees and two-thirds by the
12 Authority, in addition to the contributions required by this
13 subsection (1).
14 (4) For the period beginning 2040, the minimum
15 contribution to the Retirement Plan for each fiscal year shall
16 be an amount determined by the Board of Trustees of the
17 Retirement Plan to be sufficient to bring the total assets of
18 the Retirement Plan up to 90% of its total actuarial
19 liabilities by the end of 2059. Participating employees shall
20 be responsible for one-third of the required contribution and
21 the Authority shall be responsible for two-thirds of the
22 required contribution. In making these determinations, the
23 Board of Trustees shall calculate the required contribution
24 each year as a level percentage of payroll over the years
25 remaining to and including fiscal year 2059 using the
26 projected unit credit actuarial cost method. A report
SB2111 Enrolled - 558 - LRB104 09876 LNS 19944 b
1 containing that determination and the actuarial assumptions on
2 which it is based shall be filed by September 15 of each year
3 with the Authority, the representatives of its participating
4 employees, the Auditor General of the State of Illinois and
5 the Northern Illinois Transit Authority Regional
6 Transportation Authority. If the funded ratio is projected to
7 fail to reach 90% by December 31, 2059, the Board of Trustees
8 shall also determine the increased contribution required each
9 year as a level percentage of payroll over the years remaining
10 until December 31, 2059 using the projected unit credit
11 actuarial cost method so the funded ratio will meet 90% by
12 December 31, 2059 and include that determination in its
13 report. Within 60 days after receiving the report, the Auditor
14 General shall review the determination and the assumptions on
15 which it is based and if he finds that the determination and
16 the assumptions on which it is based are unreasonable in the
17 aggregate, he shall issue a new determination of the funded
18 ratio, the assumptions on which it is based and the increased
19 contribution required each year as a level percentage of
20 payroll over the years remaining until December 31, 2059 using
21 the projected unit credit actuarial cost method so the funded
22 ratio reaches no less than 90% by December 31, 2059. If the
23 Board of Trustees or the Auditor General determine that an
24 increased contribution is required to meet the funded ratio
25 required by this subsection, effective January 1 following the
26 determination or 30 days after such determination, whichever
SB2111 Enrolled - 559 - LRB104 09876 LNS 19944 b
1 is later, one-third of the increased contribution shall be
2 paid by participating employees and two-thirds by the
3 Authority, in addition to the contributions required by
4 subsection (e)(1).
5 (5) Beginning in 2060, the minimum contribution for each
6 year shall be the amount needed to maintain the total assets of
7 the Retirement Plan at 90% of the total actuarial liabilities
8 of the Plan, and the contribution shall be funded two-thirds
9 by the Authority and one-third by the participating employees
10 in accordance with this subsection.
11 (f) The Authority shall take the steps necessary to comply
12 with Section 414(h)(2) of the Internal Revenue Code of 1986,
13 as amended, to permit the pick-up of employee contributions
14 under subsections (d) and (e) on a tax-deferred basis.
15 (g) The Board of Trustees shall certify to the Governor,
16 the General Assembly, the Auditor General, the Board of the
17 Northern Illinois Transit Authority Regional Transportation
18 Authority, and the Authority at least 90 days prior to the end
19 of each fiscal year the amount of the required contributions
20 to the retirement system for the next retirement system fiscal
21 year under this Section. The certification shall include a
22 copy of the actuarial recommendations upon which it is based.
23 In addition, copies of the certification shall be sent to the
24 Commission on Government Forecasting and Accountability and
25 the Mayor of Chicago.
26 (h)(1) As to an employee who first becomes entitled to a
SB2111 Enrolled - 560 - LRB104 09876 LNS 19944 b
1 retirement allowance commencing on or after November 30, 1989,
2 the retirement allowance shall be the amount determined in
3 accordance with the following formula:
4 (A) One percent (1%) of his "Average Annual
5 Compensation in the highest four (4) completed Plan Years"
6 for each full year of continuous service from the date of
7 original employment to the effective date of the Plan;
8 plus
9 (B) One and seventy-five hundredths percent (1.75%) of
10 his "Average Annual Compensation in the highest four (4)
11 completed Plan Years" for each year (including fractions
12 thereof to completed calendar months) of continuous
13 service as provided for in the Retirement Plan for Chicago
14 Transit Authority Employees.
15 Provided, however that:
16 (2) As to an employee who first becomes entitled to a
17 retirement allowance commencing on or after January 1, 1993,
18 the retirement allowance shall be the amount determined in
19 accordance with the following formula:
20 (A) One percent (1%) of his "Average Annual
21 Compensation in the highest four (4) completed Plan Years"
22 for each full year of continuous service from the date of
23 original employment to the effective date of the Plan;
24 plus
25 (B) One and eighty hundredths percent (1.80%) of his
26 "Average Annual Compensation in the highest four (4)
SB2111 Enrolled - 561 - LRB104 09876 LNS 19944 b
1 completed Plan Years" for each year (including fractions
2 thereof to completed calendar months) of continuous
3 service as provided for in the Retirement Plan for Chicago
4 Transit Authority Employees.
5 Provided, however that:
6 (3) As to an employee who first becomes entitled to a
7 retirement allowance commencing on or after January 1, 1994,
8 the retirement allowance shall be the amount determined in
9 accordance with the following formula:
10 (A) One percent (1%) of his "Average Annual
11 Compensation in the highest four (4) completed Plan Years"
12 for each full year of continuous service from the date of
13 original employment to the effective date of the Plan;
14 plus
15 (B) One and eighty-five hundredths percent (1.85%) of
16 his "Average Annual Compensation in the highest four (4)
17 completed Plan Years" for each year (including fractions
18 thereof to completed calendar months) of continuous
19 service as provided for in the Retirement Plan for Chicago
20 Transit Authority Employees.
21 Provided, however that:
22 (4) As to an employee who first becomes entitled to a
23 retirement allowance commencing on or after January 1, 2000,
24 the retirement allowance shall be the amount determined in
25 accordance with the following formula:
26 (A) One percent (1%) of his "Average Annual
SB2111 Enrolled - 562 - LRB104 09876 LNS 19944 b
1 Compensation in the highest four (4) completed Plan Years"
2 for each full year of continuous service from the date of
3 original employment to the effective date of the Plan;
4 plus
5 (B) Two percent (2%) of his "Average Annual
6 Compensation in the highest four (4) completed Plan Years"
7 for each year (including fractions thereof to completed
8 calendar months) of continuous service as provided for in
9 the Retirement Plan for Chicago Transit Authority
10 Employees.
11 Provided, however that:
12 (5) As to an employee who first becomes entitled to a
13 retirement allowance commencing on or after January 1, 2001,
14 the retirement allowance shall be the amount determined in
15 accordance with the following formula:
16 (A) One percent (1%) of his "Average Annual
17 Compensation in the highest four (4) completed Plan Years"
18 for each full year of continuous service from the date of
19 original employment to the effective date of the Plan;
20 plus
21 (B) Two and fifteen hundredths percent (2.15%) of his
22 "Average Annual Compensation in the highest four (4)
23 completed Plan Years" for each year (including fractions
24 thereof to completed calendar months) of continuous
25 service as provided for in the Retirement Plan for Chicago
26 Transit Authority Employees.
SB2111 Enrolled - 563 - LRB104 09876 LNS 19944 b
1 The changes made by this amendatory Act of the 95th
2 General Assembly, to the extent that they affect the rights or
3 privileges of Authority employees that are currently the
4 subject of collective bargaining, have been agreed to between
5 the authorized representatives of these employees and of the
6 Authority prior to enactment of this amendatory Act, as
7 evidenced by a Memorandum of Understanding between these
8 representatives that will be filed with the Secretary of State
9 Index Department and designated as "95-GA-C05". The General
10 Assembly finds and declares that those changes are consistent
11 with 49 U.S.C. 5333(b) (also known as Section 13(c) of the
12 Federal Transit Act) because of this agreement between
13 authorized representatives of these employees and of the
14 Authority, and that any future amendments to the provisions of
15 this amendatory Act of the 95th General Assembly, to the
16 extent those amendments would affect the rights and privileges
17 of Authority employees that are currently the subject of
18 collective bargaining, would be consistent with 49 U.S.C.
19 5333(b) if and only if those amendments were agreed to between
20 these authorized representatives prior to enactment.
21 (i) Early retirement incentive plan; funded ratio.
22 (1) Beginning on the effective date of this Section,
23 no early retirement incentive shall be offered to
24 participants of the Plan unless the Funded Ratio of the
25 Plan is at least 80% or more.
26 (2) For the purposes of this Section, the Funded Ratio
SB2111 Enrolled - 564 - LRB104 09876 LNS 19944 b
1 shall be the Adjusted Assets divided by the Actuarial
2 Accrued Liability developed in accordance with Statement
3 #25 promulgated by the Government Accounting Standards
4 Board and the actuarial assumptions described in the Plan.
5 The Adjusted Assets shall be calculated based on the
6 methodology described in the Plan.
7 (j) Nothing in this amendatory Act of the 95th General
8 Assembly shall impair the rights or privileges of Authority
9 employees under any other law.
10 (k) Any individual who, on or after August 19, 2011 (the
11 effective date of Public Act 97-442), first becomes a
12 participant of the Retirement Plan shall not be paid any of the
13 benefits provided under this Code if he or she is convicted of
14 a felony relating to, arising out of, or in connection with his
15 or her service as a participant.
16 This subsection (k) shall not operate to impair any
17 contract or vested right acquired before August 19, 2011 (the
18 effective date of Public Act 97-442) under any law or laws
19 continued in this Code, and it shall not preclude the right to
20 refund.
21 (Source: P.A. 97-442, eff. 8-19-11; 97-609, eff. 1-1-12;
22 97-813, eff. 7-13-12.)
23 Section 10-60. The Telecommunication Devices for the Deaf
24 Act is amended by changing Section 2 as follows:
SB2111 Enrolled - 565 - LRB104 09876 LNS 19944 b
1 (410 ILCS 55/2) (from Ch. 111 1/2, par. 4202)
2 Sec. 2. As used in this Act, unless the context otherwise
3 requires:
4 (a) "Telecommunication device for the deaf" means a
5 teletypewriter or other instrument for telecommunication in
6 which speaking or hearing is not required for communication.
7 (b) "Public Safety Agency" means any unit of local
8 government or special purpose district within the State which
9 has authority to provide firefighting, police, or other
10 emergency services.
11 (c) "Department" means the Department of Human Services.
12 (d) "Major public transportation site" means any airport
13 or railroad station in the State providing commercial rail or
14 airline service to the general public, that serves and is
15 located within 20 miles of a municipality with a population of
16 25,000 or more, except for any facility under the jurisdiction
17 of the Commuter Rail Division created by the Northern Illinois
18 Transit Regional Transportation Authority Act or the Chicago
19 Transit Authority created by the Chicago Transit Authority Act
20 Metropolitan Transit Authority Act.
21 (e) "General traveling public" are individuals making use
22 of the commercial rail and airline services which are provided
23 at major public transportation sites.
24 (Source: P.A. 89-507, eff. 7-1-97.)
25 Section 10-65. The Illinois Highway Code is amended by
SB2111 Enrolled - 566 - LRB104 09876 LNS 19944 b
1 changing Sections 5-701.8 and 7-202.14 as follows:
2 (605 ILCS 5/5-701.8) (from Ch. 121, par. 5-701.8)
3 Sec. 5-701.8. Any county board may also turn over a
4 portion of the motor fuel tax funds allotted to it to: (a) a
5 local Mass Transit District if the county created such
6 District pursuant to the "Local Mass Transit District Act",
7 approved July 21, 1959, as now or hereafter amended;
8 (b) a local Transit Commission if such commission is
9 created pursuant to Section 14-101 of The Public Utilities
10 Act; or
11 (c) the Chicago Transit Authority established pursuant to
12 the Chicago Transit Authority Act "Metropolitan Transit
13 Authority Act ", approved April 12, 1945, as now or hereafter
14 amended.
15 (Source: P.A. 85-1209.)
16 (605 ILCS 5/7-202.14) (from Ch. 121, par. 7-202.14)
17 Sec. 7-202.14. Any municipality may by ordinance of the
18 corporate authorities turn over a portion of its allotment to:
19 (a) a local Mass Transit District if the municipality
20 created such a District pursuant to the "Local Mass Transit
21 District Act", approved July 21, 1959, as now or hereafter
22 amended;
23 (b) a local Transit Commission if the municipality
24 established such commission pursuant to Section 14-101 of The
SB2111 Enrolled - 567 - LRB104 09876 LNS 19944 b
1 Public Utilities Act; or
2 (c) the Chicago Transit Authority established pursuant to
3 the Chicago Transit Authority Act "Metropolitan Transit
4 Authority Act ", approved April 12, 1945, as now or hereafter
5 amended.
6 (Source: P.A. 85-1209.)
7 Section 10-70. The Criminal Code of 2012 is amended by
8 changing Section 21-5 as follows:
9 (720 ILCS 5/21-5) (from Ch. 38, par. 21-5)
10 Sec. 21-5. Criminal trespass to State supported land.
11 (a) A person commits criminal trespass to State supported
12 land when he or she enters upon land supported in whole or in
13 part with State funds, or federal funds administered or
14 granted through State agencies or any building on the land,
15 after receiving, prior to the entry, notice from the State or
16 its representative that the entry is forbidden, or remains
17 upon the land or in the building after receiving notice from
18 the State or its representative to depart, and who thereby
19 interferes with another person's lawful use or enjoyment of
20 the building or land.
21 A person has received notice from the State within the
22 meaning of this subsection if he or she has been notified
23 personally, either orally or in writing, or if a printed or
24 written notice forbidding entry to him or her or a group of
SB2111 Enrolled - 568 - LRB104 09876 LNS 19944 b
1 which he or she is a part, has been conspicuously posted or
2 exhibited at the main entrance to the land or the forbidden
3 part thereof.
4 (a-5) A person commits criminal trespass to State
5 supported land when he or she enters upon a right-of-way right
6 of way, including facilities and improvements thereon, owned,
7 leased, or otherwise used by a public body or district
8 organized under the Chicago Transit Authority Act Metropolitan
9 Transit Authority Act, the Local Mass Transit District Act, or
10 the Northern Illinois Transit Regional Transportation
11 Authority Act, after receiving, prior to the entry, notice
12 from the public body or district, or its representative, that
13 the entry is forbidden, or the person remains upon the
14 right-of-way right of way after receiving notice from the
15 public body or district, or its representative, to depart, and
16 in either of these instances intends to compromise public
17 safety by causing a delay in transit service lasting more than
18 15 minutes or destroying property.
19 A person has received notice from the public body or
20 district within the meaning of this subsection if he or she has
21 been notified personally, either orally or in writing, or if a
22 printed or written notice forbidding entry to him or her has
23 been conspicuously posted or exhibited at any point of
24 entrance to the right-of-way right of way or the forbidden
25 part of the right-of-way right of way.
26 As used in this subsection (a-5), "right-of-wayright of
SB2111 Enrolled - 569 - LRB104 09876 LNS 19944 b
1 way" has the meaning ascribed to it in Section 18c-7502 of the
2 Illinois Vehicle Code.
3 (b) A person commits criminal trespass to State supported
4 land when he or she enters upon land supported in whole or in
5 part with State funds, or federal funds administered or
6 granted through State agencies or any building on the land by
7 presenting false documents or falsely representing his or her
8 identity orally to the State or its representative in order to
9 obtain permission from the State or its representative to
10 enter the building or land; or remains upon the land or in the
11 building by presenting false documents or falsely representing
12 his or her identity orally to the State or its representative
13 in order to remain upon the land or in the building, and who
14 thereby interferes with another person's lawful use or
15 enjoyment of the building or land.
16 This subsection does not apply to a peace officer or other
17 official of a unit of government who enters upon land
18 supported in whole or in part with State funds, or federal
19 funds administered or granted through State agencies or any
20 building on the land in the performance of his or her official
21 duties.
22 (c) Sentence. Criminal trespass to State supported land is
23 a Class A misdemeanor, except a violation of subsection (a-5)
24 of this Section is a Class A misdemeanor for a first violation
25 and a Class 4 felony for a second or subsequent violation.
26 (Source: P.A. 97-1108, eff. 1-1-13; 98-748, eff. 1-1-15.)
SB2111 Enrolled - 570 - LRB104 09876 LNS 19944 b
1 Section 10-75. The Eminent Domain Act is amended by
2 changing Section 15-5-15 as follows:
3 (735 ILCS 30/15-5-15)
4 Sec. 15-5-15. Eminent domain powers in ILCS Chapters 70
5 through 75. The following provisions of law may include
6 express grants of the power to acquire property by
7 condemnation or eminent domain:
8 (70 ILCS 5/8.02 and 5/9); Airport Authorities Act; airport
9 authorities; for public airport facilities.
10 (70 ILCS 5/8.05 and 5/9); Airport Authorities Act; airport
11 authorities; for removal of airport hazards.
12 (70 ILCS 5/8.06 and 5/9); Airport Authorities Act; airport
13 authorities; for reduction of the height of objects or
14 structures.
15 (70 ILCS 10/4); Interstate Airport Authorities Act; interstate
16 airport authorities; for general purposes.
17 (70 ILCS 15/3); Kankakee River Valley Area Airport Authority
18 Act; Kankakee River Valley Area Airport Authority; for
19 acquisition of land for airports.
20 (70 ILCS 200/2-20); Civic Center Code; civic center
21 authorities; for grounds, centers, buildings, and parking.
22 (70 ILCS 200/5-35); Civic Center Code; Aledo Civic Center
23 Authority; for grounds, centers, buildings, and parking.
SB2111 Enrolled - 571 - LRB104 09876 LNS 19944 b
1 (70 ILCS 200/10-15); Civic Center Code; Aurora Metropolitan
2 Exposition, Auditorium and Office Building Authority; for
3 grounds, centers, buildings, and parking.
4 (70 ILCS 200/15-40); Civic Center Code; Benton Civic Center
5 Authority; for grounds, centers, buildings, and parking.
6 (70 ILCS 200/20-15); Civic Center Code; Bloomington Civic
7 Center Authority; for grounds, centers, buildings, and
8 parking.
9 (70 ILCS 200/35-35); Civic Center Code; Brownstown Park
10 District Civic Center Authority; for grounds, centers,
11 buildings, and parking.
12 (70 ILCS 200/40-35); Civic Center Code; Carbondale Civic
13 Center Authority; for grounds, centers, buildings, and
14 parking.
15 (70 ILCS 200/55-60); Civic Center Code; Chicago South Civic
16 Center Authority; for grounds, centers, buildings, and
17 parking.
18 (70 ILCS 200/60-30); Civic Center Code; Collinsville
19 Metropolitan Exposition, Auditorium and Office Building
20 Authority; for grounds, centers, buildings, and parking.
21 (70 ILCS 200/70-35); Civic Center Code; Crystal Lake Civic
22 Center Authority; for grounds, centers, buildings, and
23 parking.
24 (70 ILCS 200/75-20); Civic Center Code; Decatur Metropolitan
25 Exposition, Auditorium and Office Building Authority; for
26 grounds, centers, buildings, and parking.
SB2111 Enrolled - 572 - LRB104 09876 LNS 19944 b
1 (70 ILCS 200/80-15); Civic Center Code; DuPage County
2 Metropolitan Exposition, Auditorium and Office Building
3 Authority; for grounds, centers, buildings, and parking.
4 (70 ILCS 200/85-35); Civic Center Code; Elgin Metropolitan
5 Exposition, Auditorium and Office Building Authority; for
6 grounds, centers, buildings, and parking.
7 (70 ILCS 200/95-25); Civic Center Code; Herrin Metropolitan
8 Exposition, Auditorium and Office Building Authority; for
9 grounds, centers, buildings, and parking.
10 (70 ILCS 200/110-35); Civic Center Code; Illinois Valley Civic
11 Center Authority; for grounds, centers, buildings, and
12 parking.
13 (70 ILCS 200/115-35); Civic Center Code; Jasper County Civic
14 Center Authority; for grounds, centers, buildings, and
15 parking.
16 (70 ILCS 200/120-25); Civic Center Code; Jefferson County
17 Metropolitan Exposition, Auditorium and Office Building
18 Authority; for grounds, centers, buildings, and parking.
19 (70 ILCS 200/125-15); Civic Center Code; Jo Daviess County
20 Civic Center Authority; for grounds, centers, buildings,
21 and parking.
22 (70 ILCS 200/130-30); Civic Center Code; Katherine Dunham
23 Metropolitan Exposition, Auditorium and Office Building
24 Authority; for grounds, centers, buildings, and parking.
25 (70 ILCS 200/145-35); Civic Center Code; Marengo Civic Center
26 Authority; for grounds, centers, buildings, and parking.
SB2111 Enrolled - 573 - LRB104 09876 LNS 19944 b
1 (70 ILCS 200/150-35); Civic Center Code; Mason County Civic
2 Center Authority; for grounds, centers, buildings, and
3 parking.
4 (70 ILCS 200/155-15); Civic Center Code; Matteson Metropolitan
5 Civic Center Authority; for grounds, centers, buildings,
6 and parking.
7 (70 ILCS 200/160-35); Civic Center Code; Maywood Civic Center
8 Authority; for grounds, centers, buildings, and parking.
9 (70 ILCS 200/165-35); Civic Center Code; Melrose Park
10 Metropolitan Exposition Auditorium and Office Building
11 Authority; for grounds, centers, buildings, and parking.
12 (70 ILCS 200/170-20); Civic Center Code; certain Metropolitan
13 Exposition, Auditorium and Office Building Authorities;
14 for general purposes.
15 (70 ILCS 200/180-35); Civic Center Code; Normal Civic Center
16 Authority; for grounds, centers, buildings, and parking.
17 (70 ILCS 200/185-15); Civic Center Code; Oak Park Civic Center
18 Authority; for grounds, centers, buildings, and parking.
19 (70 ILCS 200/195-35); Civic Center Code; Ottawa Civic Center
20 Authority; for grounds, centers, buildings, and parking.
21 (70 ILCS 200/200-15); Civic Center Code; Pekin Civic Center
22 Authority; for grounds, centers, buildings, and parking.
23 (70 ILCS 200/205-15); Civic Center Code; Peoria Civic Center
24 Authority; for grounds, centers, buildings, and parking.
25 (70 ILCS 200/210-35); Civic Center Code; Pontiac Civic Center
26 Authority; for grounds, centers, buildings, and parking.
SB2111 Enrolled - 574 - LRB104 09876 LNS 19944 b
1 (70 ILCS 200/215-15); Civic Center Code; Illinois Quad City
2 Civic Center Authority; for grounds, centers, buildings,
3 and parking.
4 (70 ILCS 200/220-30); Civic Center Code; Quincy Metropolitan
5 Exposition, Auditorium and Office Building Authority; for
6 grounds, centers, buildings, and parking.
7 (70 ILCS 200/225-35); Civic Center Code; Randolph County Civic
8 Center Authority; for grounds, centers, buildings, and
9 parking.
10 (70 ILCS 200/230-35); Civic Center Code; River Forest
11 Metropolitan Exposition, Auditorium and Office Building
12 Authority; for grounds, centers, buildings, and parking.
13 (70 ILCS 200/235-40); Civic Center Code; Riverside Civic
14 Center Authority; for grounds, centers, buildings, and
15 parking.
16 (70 ILCS 200/245-35); Civic Center Code; Salem Civic Center
17 Authority; for grounds, centers, buildings, and parking.
18 (70 ILCS 200/255-20); Civic Center Code; Springfield
19 Metropolitan Exposition and Auditorium Authority; for
20 grounds, centers, and parking.
21 (70 ILCS 200/260-35); Civic Center Code; Sterling Metropolitan
22 Exposition, Auditorium and Office Building Authority; for
23 grounds, centers, buildings, and parking.
24 (70 ILCS 200/265-20); Civic Center Code; Vermilion County
25 Metropolitan Exposition, Auditorium and Office Building
26 Authority; for grounds, centers, buildings, and parking.
SB2111 Enrolled - 575 - LRB104 09876 LNS 19944 b
1 (70 ILCS 200/270-35); Civic Center Code; Waukegan Civic Center
2 Authority; for grounds, centers, buildings, and parking.
3 (70 ILCS 200/275-35); Civic Center Code; West Frankfort Civic
4 Center Authority; for grounds, centers, buildings, and
5 parking.
6 (70 ILCS 200/280-20); Civic Center Code; Will County
7 Metropolitan Exposition and Auditorium Authority; for
8 grounds, centers, and parking.
9 (70 ILCS 210/5); Metropolitan Pier and Exposition Authority
10 Act; Metropolitan Pier and Exposition Authority; for
11 general purposes, including quick-take power.
12 (70 ILCS 405/22.04); Soil and Water Conservation Districts
13 Act; soil and water conservation districts; for general
14 purposes.
15 (70 ILCS 410/10 and 410/12); Conservation District Act;
16 conservation districts; for open space, wildland, scenic
17 roadway, pathway, outdoor recreation, or other
18 conservation benefits.
19 (70 ILCS 503/25); Chanute-Rantoul National Aviation Center
20 Redevelopment Commission Act; Chanute-Rantoul National
21 Aviation Center Redevelopment Commission; for general
22 purposes.
23 (70 ILCS 507/15); Fort Sheridan Redevelopment Commission Act;
24 Fort Sheridan Redevelopment Commission; for general
25 purposes or to carry out comprehensive or redevelopment
26 plans.
SB2111 Enrolled - 576 - LRB104 09876 LNS 19944 b
1 (70 ILCS 520/8); Southwestern Illinois Development Authority
2 Act; Southwestern Illinois Development Authority; for
3 general purposes, including quick-take power.
4 (70 ILCS 605/4-17 and 605/5-7); Illinois Drainage Code;
5 drainage districts; for general purposes.
6 (70 ILCS 615/5 and 615/6); Chicago Drainage District Act;
7 corporate authorities; for construction and maintenance of
8 works.
9 (70 ILCS 705/10); Fire Protection District Act; fire
10 protection districts; for general purposes.
11 (70 ILCS 750/20); Flood Prevention District Act; flood
12 prevention districts; for general purposes.
13 (70 ILCS 805/6); Downstate Forest Preserve District Act;
14 certain forest preserve districts; for general purposes.
15 (70 ILCS 805/18.8); Downstate Forest Preserve District Act;
16 certain forest preserve districts; for recreational and
17 cultural facilities.
18 (70 ILCS 810/8); Cook County Forest Preserve District Act;
19 Forest Preserve District of Cook County; for general
20 purposes.
21 (70 ILCS 810/38); Cook County Forest Preserve District Act;
22 Forest Preserve District of Cook County; for recreational
23 facilities.
24 (70 ILCS 910/15 and 910/16); Hospital District Law; hospital
25 districts; for hospitals or hospital facilities.
26 (70 ILCS 915/3); Illinois Medical District Act; Illinois
SB2111 Enrolled - 577 - LRB104 09876 LNS 19944 b
1 Medical District Commission; for general purposes.
2 (70 ILCS 915/4.5); Illinois Medical District Act; Illinois
3 Medical District Commission; quick-take power for the
4 Illinois State Police Forensic Science Laboratory
5 (obsolete).
6 (70 ILCS 920/5); Tuberculosis Sanitarium District Act;
7 tuberculosis sanitarium districts; for tuberculosis
8 sanitariums.
9 (70 ILCS 925/20); Mid-Illinois Medical District Act;
10 Mid-Illinois Medical District; for general purposes.
11 (70 ILCS 930/20); Mid-America Medical District Act;
12 Mid-America Medical District Commission; for general
13 purposes.
14 (70 ILCS 935/20); Roseland Community Medical District Act;
15 medical district; for general purposes.
16 (70 ILCS 1005/7); Mosquito Abatement District Act; mosquito
17 abatement districts; for general purposes.
18 (70 ILCS 1105/8); Museum District Act; museum districts; for
19 general purposes.
20 (70 ILCS 1205/7-1); Park District Code; park districts; for
21 streets and other purposes.
22 (70 ILCS 1205/8-1); Park District Code; park districts; for
23 parks.
24 (70 ILCS 1205/9-2 and 1205/9-4); Park District Code; park
25 districts; for airports and landing fields.
26 (70 ILCS 1205/11-2 and 1205/11-3); Park District Code; park
SB2111 Enrolled - 578 - LRB104 09876 LNS 19944 b
1 districts; for State land abutting public water and
2 certain access rights.
3 (70 ILCS 1205/11.1-3); Park District Code; park districts; for
4 harbors.
5 (70 ILCS 1225/2); Park Commissioners Land Condemnation Act;
6 park districts; for street widening.
7 (70 ILCS 1230/1 and 1230/1-a); Park Commissioners Water
8 Control Act; park districts; for parks, boulevards,
9 driveways, parkways, viaducts, bridges, or tunnels.
10 (70 ILCS 1250/2); Park Commissioners Street Control (1889)
11 Act; park districts; for boulevards or driveways.
12 (70 ILCS 1290/1); Park District Aquarium and Museum Act;
13 municipalities or park districts; for aquariums or
14 museums.
15 (70 ILCS 1305/2); Park District Airport Zoning Act; park
16 districts; for restriction of the height of structures.
17 (70 ILCS 1310/5); Park District Elevated Highway Act; park
18 districts; for elevated highways.
19 (70 ILCS 1505/15); Chicago Park District Act; Chicago Park
20 District; for parks and other purposes.
21 (70 ILCS 1505/25.1); Chicago Park District Act; Chicago Park
22 District; for parking lots or garages.
23 (70 ILCS 1505/26.3); Chicago Park District Act; Chicago Park
24 District; for harbors.
25 (70 ILCS 1570/5); Lincoln Park Commissioners Land Condemnation
26 Act; Lincoln Park Commissioners; for land and interests in
SB2111 Enrolled - 579 - LRB104 09876 LNS 19944 b
1 land, including riparian rights.
2 (70 ILCS 1801/30); Alexander-Cairo Port District Act;
3 Alexander-Cairo Port District; for general purposes.
4 (70 ILCS 1805/8); Havana Regional Port District Act; Havana
5 Regional Port District; for general purposes.
6 (70 ILCS 1810/7); Illinois International Port District Act;
7 Illinois International Port District; for general
8 purposes.
9 (70 ILCS 1815/13); Illinois Valley Regional Port District Act;
10 Illinois Valley Regional Port District; for general
11 purposes.
12 (70 ILCS 1820/4); Jackson-Union Counties Regional Port
13 District Act; Jackson-Union Counties Regional Port
14 District; for removal of airport hazards or reduction of
15 the height of objects or structures.
16 (70 ILCS 1820/5); Jackson-Union Counties Regional Port
17 District Act; Jackson-Union Counties Regional Port
18 District; for general purposes.
19 (70 ILCS 1825/4.9); Joliet Regional Port District Act; Joliet
20 Regional Port District; for removal of airport hazards.
21 (70 ILCS 1825/4.10); Joliet Regional Port District Act; Joliet
22 Regional Port District; for reduction of the height of
23 objects or structures.
24 (70 ILCS 1825/4.18); Joliet Regional Port District Act; Joliet
25 Regional Port District; for removal of hazards from ports
26 and terminals.
SB2111 Enrolled - 580 - LRB104 09876 LNS 19944 b
1 (70 ILCS 1825/5); Joliet Regional Port District Act; Joliet
2 Regional Port District; for general purposes.
3 (70 ILCS 1830/7.1); Kaskaskia Regional Port District Act;
4 Kaskaskia Regional Port District; for removal of hazards
5 from ports and terminals.
6 (70 ILCS 1830/14); Kaskaskia Regional Port District Act;
7 Kaskaskia Regional Port District; for general purposes.
8 (70 ILCS 1831/30); Massac-Metropolis Port District Act;
9 Massac-Metropolis Port District; for general purposes.
10 (70 ILCS 1835/5.10); Mt. Carmel Regional Port District Act;
11 Mt. Carmel Regional Port District; for removal of airport
12 hazards.
13 (70 ILCS 1835/5.11); Mt. Carmel Regional Port District Act;
14 Mt. Carmel Regional Port District; for reduction of the
15 height of objects or structures.
16 (70 ILCS 1835/6); Mt. Carmel Regional Port District Act; Mt.
17 Carmel Regional Port District; for general purposes.
18 (70 ILCS 1837/30); Ottawa Port District Act; Ottawa Port
19 District; for general purposes.
20 (70 ILCS 1842/30 and 1842/35); Rock Island Regional Port
21 District Act; Rock Island Regional Port District and
22 participating municipalities; for general Port District
23 purposes.
24 (70 ILCS 1845/4.9); Seneca Regional Port District Act; Seneca
25 Regional Port District; for removal of airport hazards.
26 (70 ILCS 1845/4.10); Seneca Regional Port District Act; Seneca
SB2111 Enrolled - 581 - LRB104 09876 LNS 19944 b
1 Regional Port District; for reduction of the height of
2 objects or structures.
3 (70 ILCS 1845/5); Seneca Regional Port District Act; Seneca
4 Regional Port District; for general purposes.
5 (70 ILCS 1850/4); Shawneetown Regional Port District Act;
6 Shawneetown Regional Port District; for removal of airport
7 hazards or reduction of the height of objects or
8 structures.
9 (70 ILCS 1850/5); Shawneetown Regional Port District Act;
10 Shawneetown Regional Port District; for general purposes.
11 (70 ILCS 1855/4); Southwest Regional Port District Act;
12 Southwest Regional Port District; for removal of airport
13 hazards or reduction of the height of objects or
14 structures.
15 (70 ILCS 1855/5); Southwest Regional Port District Act;
16 Southwest Regional Port District; for general purposes.
17 (70 ILCS 1860/4); Tri-City Regional Port District Act;
18 Tri-City Regional Port District; for removal of airport
19 hazards.
20 (70 ILCS 1860/5); Tri-City Regional Port District Act;
21 Tri-City Regional Port District; for the development of
22 facilities.
23 (70 ILCS 1863/11); Upper Mississippi River International Port
24 District Act; Upper Mississippi River International Port
25 District; for general purposes.
26 (70 ILCS 1865/4.9); Waukegan Port District Act; Waukegan Port
SB2111 Enrolled - 582 - LRB104 09876 LNS 19944 b
1 District; for removal of airport hazards.
2 (70 ILCS 1865/4.10); Waukegan Port District Act; Waukegan Port
3 District; for restricting the height of objects or
4 structures.
5 (70 ILCS 1865/5); Waukegan Port District Act; Waukegan Port
6 District; for the development of facilities.
7 (70 ILCS 1870/8); White County Port District Act; White County
8 Port District; for the development of facilities.
9 (70 ILCS 1905/16); Railroad Terminal Authority Act; Railroad
10 Terminal Authority (Chicago); for general purposes.
11 (70 ILCS 1915/25); Grand Avenue Railroad Relocation Authority
12 Act; Grand Avenue Railroad Relocation Authority; for
13 general purposes, including quick-take power (now
14 obsolete).
15 (70 ILCS 1935/25); Elmwood Park Grade Separation Authority
16 Act; Elmwood Park Grade Separation Authority; for general
17 purposes.
18 (70 ILCS 2105/9b); River Conservancy Districts Act; river
19 conservancy districts; for general purposes.
20 (70 ILCS 2105/10a); River Conservancy Districts Act; river
21 conservancy districts; for corporate purposes.
22 (70 ILCS 2205/15); Sanitary District Act of 1907; sanitary
23 districts; for corporate purposes.
24 (70 ILCS 2205/18); Sanitary District Act of 1907; sanitary
25 districts; for improvements and works.
26 (70 ILCS 2205/19); Sanitary District Act of 1907; sanitary
SB2111 Enrolled - 583 - LRB104 09876 LNS 19944 b
1 districts; for access to property.
2 (70 ILCS 2305/8); North Shore Water Reclamation District Act;
3 North Shore Water Reclamation District; for corporate
4 purposes.
5 (70 ILCS 2305/15); North Shore Water Reclamation District Act;
6 North Shore Water Reclamation District; for improvements.
7 (70 ILCS 2405/7.9); Sanitary District Act of 1917; Sanitary
8 District of Decatur; for carrying out agreements to sell,
9 convey, or disburse treated wastewater to a private
10 entity.
11 (70 ILCS 2405/8); Sanitary District Act of 1917; sanitary
12 districts; for corporate purposes.
13 (70 ILCS 2405/15); Sanitary District Act of 1917; sanitary
14 districts; for improvements.
15 (70 ILCS 2405/16.9 and 2405/16.10); Sanitary District Act of
16 1917; sanitary districts; for waterworks.
17 (70 ILCS 2405/17.2); Sanitary District Act of 1917; sanitary
18 districts; for public sewer and water utility treatment
19 works.
20 (70 ILCS 2405/18); Sanitary District Act of 1917; sanitary
21 districts; for dams or other structures to regulate water
22 flow.
23 (70 ILCS 2605/8); Metropolitan Water Reclamation District Act;
24 Metropolitan Water Reclamation District; for corporate
25 purposes.
26 (70 ILCS 2605/16); Metropolitan Water Reclamation District
SB2111 Enrolled - 584 - LRB104 09876 LNS 19944 b
1 Act; Metropolitan Water Reclamation District; quick-take
2 power for improvements.
3 (70 ILCS 2605/17); Metropolitan Water Reclamation District
4 Act; Metropolitan Water Reclamation District; for bridges.
5 (70 ILCS 2605/35); Metropolitan Water Reclamation District
6 Act; Metropolitan Water Reclamation District; for widening
7 and deepening a navigable stream.
8 (70 ILCS 2805/10); Sanitary District Act of 1936; sanitary
9 districts; for corporate purposes.
10 (70 ILCS 2805/24); Sanitary District Act of 1936; sanitary
11 districts; for improvements.
12 (70 ILCS 2805/26i and 2805/26j); Sanitary District Act of
13 1936; sanitary districts; for drainage systems.
14 (70 ILCS 2805/27); Sanitary District Act of 1936; sanitary
15 districts; for dams or other structures to regulate water
16 flow.
17 (70 ILCS 2805/32k); Sanitary District Act of 1936; sanitary
18 districts; for water supply.
19 (70 ILCS 2805/32l); Sanitary District Act of 1936; sanitary
20 districts; for waterworks.
21 (70 ILCS 2905/2-7); Metro-East Sanitary District Act of 1974;
22 Metro-East Sanitary District; for corporate purposes.
23 (70 ILCS 2905/2-8); Metro-East Sanitary District Act of 1974;
24 Metro-East Sanitary District; for access to property.
25 (70 ILCS 3010/10); Sanitary District Revenue Bond Act;
26 sanitary districts; for sewerage systems.
SB2111 Enrolled - 585 - LRB104 09876 LNS 19944 b
1 (70 ILCS 3205/12); Illinois Sports Facilities Authority Act;
2 Illinois Sports Facilities Authority; quick-take power for
3 its corporate purposes (obsolete).
4 (70 ILCS 3405/16); Surface Water Protection District Act;
5 surface water protection districts; for corporate
6 purposes.
7 (70 ILCS 3605/7); Chicago Metropolitan Transit Authority Act;
8 Chicago Transit Authority; for transportation systems.
9 (70 ILCS 3605/8); Chicago Metropolitan Transit Authority Act;
10 Chicago Transit Authority; for general purposes.
11 (70 ILCS 3605/10); Chicago Metropolitan Transit Authority Act;
12 Chicago Transit Authority; for general purposes, including
13 railroad property.
14 (70 ILCS 3610/3 and 3610/5); Local Mass Transit District Act;
15 local mass transit districts; for general purposes.
16 (70 ILCS 3615/2.13); Northern Illinois Transit Regional
17 Transportation Authority Act; Northern Illinois Transit
18 Regional Transportation Authority; for general purposes.
19 (70 ILCS 3705/8 and 3705/12); Public Water District Act;
20 public water districts; for waterworks.
21 (70 ILCS 3705/23a); Public Water District Act; public water
22 districts; for sewerage properties.
23 (70 ILCS 3705/23e); Public Water District Act; public water
24 districts; for combined waterworks and sewerage systems.
25 (70 ILCS 3715/6); Water Authorities Act; water authorities;
26 for facilities to ensure adequate water supply.
SB2111 Enrolled - 586 - LRB104 09876 LNS 19944 b
1 (70 ILCS 3715/27); Water Authorities Act; water authorities;
2 for access to property.
3 (75 ILCS 5/4-7); Illinois Local Library Act; boards of library
4 trustees; for library buildings.
5 (75 ILCS 16/30-55.80); Public Library District Act of 1991;
6 public library districts; for general purposes.
7 (75 ILCS 65/1 and 65/3); Libraries in Parks Act; corporate
8 authorities of city or park district, or board of park
9 commissioners; for free public library buildings.
10 (Source: Incorporates 98-564, eff. 8-27-13; P.A. 98-756, eff.
11 7-16-14; 99-669, eff. 7-29-16; revised 6-23-25.)
12 Section 10-80. The Local Governmental and Governmental
13 Employees Tort Immunity Act is amended by changing Section
14 2-101 as follows:
15 (745 ILCS 10/2-101) (from Ch. 85, par. 2-101)
16 Sec. 2-101. Nothing in this Act affects the right to
17 obtain relief other than damages against a local public entity
18 or public employee. Nothing in this Act affects the liability,
19 if any, of a local public entity or public employee, based on:
20 a contract;
21 b operation as a common carrier; and this Act does not
22 apply to any entity organized under or subject to the Chicago
23 Transit Authority Act "Metropolitan Transit Authority Act ",
24 approved April 12, 1945, as amended;
SB2111 Enrolled - 587 - LRB104 09876 LNS 19944 b
1 c The "Workers' Compensation Act", approved July 9, 1951,
2 as heretofore or hereafter amended;
3 d The "Workers' Occupational Diseases Act", approved July
4 9, 1951, as heretofore or hereafter amended;
5 e Section 1-4-7 of the "Illinois Municipal Code", approved
6 May 29, 1961, as heretofore or hereafter amended.
7 f The "Illinois Uniform Conviction Information Act",
8 enacted by the 85th General Assembly, as heretofore or
9 hereafter amended.
10 (Source: P.A. 85-922.)
11 Section 10-85. The Illinois Wage Payment and Collection
12 Act is amended by changing Section 9 as follows:
13 (820 ILCS 115/9) (from Ch. 48, par. 39m-9)
14 Sec. 9. Except as hereinafter provided, deductions by
15 employers from wages or final compensation are prohibited
16 unless such deductions are (1) required by law; (2) to the
17 benefit of the employee; (3) in response to a valid wage
18 assignment or wage deduction order; (4) made with the express
19 written consent of the employee, given freely at the time the
20 deduction is made; (5) made by a municipality with a
21 population of 500,000 or more, a county with a population of
22 3,000,000 or more, a community college district in a city with
23 a population of 500,000 or more, a housing authority in a
24 municipality with a population of 500,000 or more, the Chicago
SB2111 Enrolled - 588 - LRB104 09876 LNS 19944 b
1 Park District, the Chicago Transit Authority Metropolitan
2 Transit Authority, the Chicago Board of Education, the Cook
3 County Forest Preserve District, or the Metropolitan Water
4 Reclamation District to pay a debt owed by the employee to a
5 municipality with a population of 500,000 or more, a county
6 with a population of 3,000,000 or more, the Cook County Forest
7 Preserve, the Chicago Park District, the Metropolitan Water
8 Reclamation District, the Chicago Transit Authority, the
9 Chicago Board of Education, or a housing authority of a
10 municipality with a population of 500,000 or more; provided,
11 however, that the amount deducted from any one salary or wage
12 payment shall not exceed 25% of the net amount of the payment;
13 or (6) made by a housing authority in a municipality with a
14 population of 500,000 or more or a municipality with a
15 population of 500,000 or more to pay a debt owed by the
16 employee to a housing authority in a municipality with a
17 population of 500,000 or more; provided, however, that the
18 amount deducted from any one salary or wage payment shall not
19 exceed 25% of the net amount of the payment. Before the
20 municipality with a population of 500,000 or more, the
21 community college district in a city with a population of
22 500,000 or more, the Chicago Park District, the Chicago
23 Transit Authority Metropolitan Transit Authority, a housing
24 authority in a municipality with a population of 500,000 or
25 more, the Chicago Board of Education, the county with a
26 population of 3,000,000 or more, the Cook County Forest
SB2111 Enrolled - 589 - LRB104 09876 LNS 19944 b
1 Preserve District, or the Metropolitan Water Reclamation
2 District deducts any amount from any salary or wage of an
3 employee to pay a debt owed to a municipality with a population
4 of 500,000 or more, a county with a population of 3,000,000 or
5 more, the Cook County Forest Preserve District, the Chicago
6 Park District, the Metropolitan Water Reclamation District,
7 the Chicago Transit Authority, the Chicago Board of Education,
8 or a housing authority of a municipality with a population of
9 500,000 or more under this Section, the municipality, the
10 county, the Cook County Forest Preserve District, the Chicago
11 Park District, the Metropolitan Water Reclamation District,
12 the Chicago Transit Authority, the Chicago Board of Education,
13 or a housing authority of a municipality with a population of
14 500,000 or more shall certify that (i) the employee has been
15 afforded an opportunity for a hearing to dispute the debt that
16 is due and owing the municipality, the county, the Cook County
17 Forest Preserve District, the Chicago Park District, the
18 Metropolitan Water Reclamation District, the Chicago Transit
19 Authority, the Chicago Board of Education, or a housing
20 authority of a municipality with a population of 500,000 or
21 more and (ii) the employee has received notice of a wage
22 deduction order and has been afforded an opportunity for a
23 hearing to object to the order. Before a housing authority in a
24 municipality with a population of 500,000 or more or a
25 municipality with a population of 500,000 or more, a county
26 with a population of 3,000,000 or more, the Cook County Forest
SB2111 Enrolled - 590 - LRB104 09876 LNS 19944 b
1 Preserve District, the Chicago Park District, the Metropolitan
2 Water Reclamation District, the Chicago Transit Authority, the
3 Chicago Board of Education, or a housing authority of a
4 municipality with a population of 500,000 or more deducts any
5 amount from any salary or wage of an employee to pay a debt
6 owed to a housing authority in a municipality with a
7 population of 500,000 or more under this Section, the housing
8 authority shall certify that (i) the employee has been
9 afforded an opportunity for a hearing to dispute the debt that
10 is due and owing the housing authority and (ii) the employee
11 has received notice of a wage deduction order and has been
12 afforded an opportunity for a hearing to object to the order.
13 For purposes of this Section, "net amount" means that part of
14 the salary or wage payment remaining after the deduction of
15 any amounts required by law to be deducted and "debt due and
16 owing" means (i) a specified sum of money owed to the
17 municipality, county, the Cook County Forest Preserve
18 District, the Chicago Park District, the Metropolitan Water
19 Reclamation District, the Chicago Transit Authority, the
20 Chicago Board of Education, or housing authority for services,
21 work, or goods, after the period granted for payment has
22 expired, or (ii) a specified sum of money owed to the
23 municipality, county, the Cook County Forest Preserve
24 District, the Chicago Park District, the Metropolitan Water
25 Reclamation District, the Chicago Transit Authority, the
26 Chicago Board of Education or housing authority pursuant to a
SB2111 Enrolled - 591 - LRB104 09876 LNS 19944 b
1 court order or order of an administrative hearing officer
2 after the exhaustion of, or the failure to exhaust, judicial
3 review; (7) the result of an excess payment made due to, but
4 not limited to, a typographical or mathematical error made by
5 a municipality with a population of less than 500,000 or to
6 collect a debt owed to a municipality with a population of less
7 than 500,000 after notice to the employee and an opportunity
8 to be heard; provided, however, that the amount deducted from
9 any one salary or wage payment shall not exceed 15% of the net
10 amount of the payment. Before the municipality deducts any
11 amount from any salary or wage of an employee to pay a debt
12 owed to the municipality, the municipality shall certify that
13 (i) the employee has been afforded an opportunity for a
14 hearing, conducted by the municipality, to dispute the debt
15 that is due and owing the municipality, and (ii) the employee
16 has received notice of a wage deduction order and has been
17 afforded an opportunity for a hearing, conducted by the
18 municipality, to object to the order. For purposes of this
19 Section, "net amount" means that part of the salary or wage
20 payment remaining after the deduction of any amounts required
21 by law to be deducted and "debt due and owing" means (i) a
22 specified sum of money owed to the municipality for services,
23 work, or goods, after the period granted for payment has
24 expired, or (ii) a specified sum of money owed to the
25 municipality pursuant to a court order or order of an
26 administrative hearing officer after the exhaustion of, or the
SB2111 Enrolled - 592 - LRB104 09876 LNS 19944 b
1 failure to exhaust, judicial review. Where the legitimacy of
2 any deduction from wages is in dispute, the amount in question
3 may be withheld if the employer notifies the Department of
4 Labor on the date the payment is due in writing of the amount
5 that is being withheld and stating the reasons for which the
6 payment is withheld. Upon such notification the Department of
7 Labor shall conduct an investigation and render a judgment as
8 promptly as possible, and shall complete such investigation
9 within 30 days of receipt of the notification by the employer
10 that wages have been withheld. The employer shall pay the
11 wages due upon order of the Department of Labor within 15
12 calendar days of issuance of a judgment on the dispute.
13 The Department shall establish rules to protect the
14 interests of both parties in cases of disputed deductions from
15 wages. Such rules shall include reasonable limitations on the
16 amount of deductions beyond those required by law which may be
17 made during any pay period by any employer.
18 In case of a dispute over wages, the employer shall pay,
19 without condition and within the time set by this Act, all
20 wages or parts thereof, conceded by him to be due, leaving to
21 the employee all remedies to which he may otherwise be
22 entitled as to any balance claimed. The acceptance by an
23 employee of a disputed paycheck shall not constitute a release
24 as to the balance of his claim and any release or restrictive
25 endorsement required by an employer as a condition to payment
26 shall be a violation of this Act and shall be void.
SB2111 Enrolled - 593 - LRB104 09876 LNS 19944 b
1 (Source: P.A. 97-120, eff. 1-1-12.)
2 Article 15.
3 Section 15-5. The Open Meetings Act is amended by changing
4 Section 2 as follows:
5 (5 ILCS 120/2) (from Ch. 102, par. 42)
6 Sec. 2. Open meetings.
7 (a) Openness required. All meetings of public bodies shall
8 be open to the public unless excepted in subsection (c) and
9 closed in accordance with Section 2a.
10 (b) Construction of exceptions. The exceptions contained
11 in subsection (c) are in derogation of the requirement that
12 public bodies meet in the open, and therefore, the exceptions
13 are to be strictly construed, extending only to subjects
14 clearly within their scope. The exceptions authorize but do
15 not require the holding of a closed meeting to discuss a
16 subject included within an enumerated exception.
17 (c) Exceptions. A public body may hold closed meetings to
18 consider the following subjects:
19 (1) The appointment, employment, compensation,
20 discipline, performance, or dismissal of specific
21 employees, specific individuals who serve as independent
22 contractors in a park, recreational, or educational
23 setting, or specific volunteers of the public body or
SB2111 Enrolled - 594 - LRB104 09876 LNS 19944 b
1 legal counsel for the public body, including hearing
2 testimony on a complaint lodged against an employee, a
3 specific individual who serves as an independent
4 contractor in a park, recreational, or educational
5 setting, or a volunteer of the public body or against
6 legal counsel for the public body to determine its
7 validity. However, a meeting to consider an increase in
8 compensation to a specific employee of a public body that
9 is subject to the Local Government Wage Increase
10 Transparency Act may not be closed and shall be open to the
11 public and posted and held in accordance with this Act.
12 (2) Collective negotiating matters between the public
13 body and its employees or their representatives, or
14 deliberations concerning salary schedules for one or more
15 classes of employees.
16 (3) The selection of a person to fill a public office,
17 as defined in this Act, including a vacancy in a public
18 office, when the public body is given power to appoint
19 under law or ordinance, or the discipline, performance or
20 removal of the occupant of a public office, when the
21 public body is given power to remove the occupant under
22 law or ordinance.
23 (4) Evidence or testimony presented in open hearing,
24 or in closed hearing where specifically authorized by law,
25 to a quasi-adjudicative body, as defined in this Act,
26 provided that the body prepares and makes available for
SB2111 Enrolled - 595 - LRB104 09876 LNS 19944 b
1 public inspection a written decision setting forth its
2 determinative reasoning.
3 (4.5) Evidence or testimony presented to a school
4 board regarding denial of admission to school events or
5 property pursuant to Section 24-24 of the School Code,
6 provided that the school board prepares and makes
7 available for public inspection a written decision setting
8 forth its determinative reasoning.
9 (5) The purchase or lease of real property for the use
10 of the public body, including meetings held for the
11 purpose of discussing whether a particular parcel should
12 be acquired.
13 (6) The setting of a price for sale or lease of
14 property owned by the public body.
15 (7) The sale or purchase of securities, investments,
16 or investment contracts. This exception shall not apply to
17 the investment of assets or income of funds deposited into
18 the Illinois Prepaid Tuition Trust Fund.
19 (8) Security procedures, school building safety and
20 security, and the use of personnel and equipment to
21 respond to an actual, a threatened, or a reasonably
22 potential danger to the safety of employees, students,
23 staff, the public, or public property.
24 (9) Student disciplinary cases.
25 (10) The placement of individual students in special
26 education programs and other matters relating to
SB2111 Enrolled - 596 - LRB104 09876 LNS 19944 b
1 individual students.
2 (11) Litigation, when an action against, affecting or
3 on behalf of the particular public body has been filed and
4 is pending before a court or administrative tribunal, or
5 when the public body finds that an action is probable or
6 imminent, in which case the basis for the finding shall be
7 recorded and entered into the minutes of the closed
8 meeting.
9 (12) The establishment of reserves or settlement of
10 claims as provided in the Local Governmental and
11 Governmental Employees Tort Immunity Act, if otherwise the
12 disposition of a claim or potential claim might be
13 prejudiced, or the review or discussion of claims, loss or
14 risk management information, records, data, advice or
15 communications from or with respect to any insurer of the
16 public body or any intergovernmental risk management
17 association or self-insurance self insurance pool of which
18 the public body is a member.
19 (13) Conciliation of complaints of discrimination in
20 the sale or rental of housing, when closed meetings are
21 authorized by the law or ordinance prescribing fair
22 housing practices and creating a commission or
23 administrative agency for their enforcement.
24 (14) Informant sources, the hiring or assignment of
25 undercover personnel or equipment, or ongoing, prior or
26 future criminal investigations, when discussed by a public
SB2111 Enrolled - 597 - LRB104 09876 LNS 19944 b
1 body with criminal investigatory responsibilities.
2 (15) Professional ethics or performance when
3 considered by an advisory body appointed to advise a
4 licensing or regulatory agency on matters germane to the
5 advisory body's field of competence.
6 (16) Self evaluation, practices and procedures or
7 professional ethics, when meeting with a representative of
8 a statewide association of which the public body is a
9 member.
10 (17) The recruitment, credentialing, discipline or
11 formal peer review of physicians or other health care
12 professionals, or for the discussion of matters protected
13 under the federal Patient Safety and Quality Improvement
14 Act of 2005, and the regulations promulgated thereunder,
15 including 42 C.F.R. Part 3 (73 FR 70732), or the federal
16 Health Insurance Portability and Accountability Act of
17 1996, and the regulations promulgated thereunder,
18 including 45 C.F.R. Parts 160, 162, and 164, by a
19 hospital, or other institution providing medical care,
20 that is operated by the public body.
21 (18) Deliberations for decisions of the Prisoner
22 Review Board.
23 (19) Review or discussion of applications received
24 under the Experimental Organ Transplantation Procedures
25 Act.
26 (20) The classification and discussion of matters
SB2111 Enrolled - 598 - LRB104 09876 LNS 19944 b
1 classified as confidential or continued confidential by
2 the State Government Suggestion Award Board.
3 (21) Discussion of minutes of meetings lawfully closed
4 under this Act, whether for purposes of approval by the
5 body of the minutes or semi-annual review of the minutes
6 as mandated by Section 2.06.
7 (22) Deliberations for decisions of the State
8 Emergency Medical Services Disciplinary Review Board.
9 (23) The operation by a municipality of a municipal
10 utility or the operation of a municipal power agency or
11 municipal natural gas agency when the discussion involves
12 (i) contracts relating to the purchase, sale, or delivery
13 of electricity or natural gas or (ii) the results or
14 conclusions of load forecast studies.
15 (24) Meetings of a residential health care facility
16 resident sexual assault and death review team or the
17 Executive Council under the Abuse Prevention Review Team
18 Act.
19 (25) Meetings of an independent team of experts under
20 Brian's Law.
21 (26) Meetings of a mortality review team appointed
22 under the Department of Juvenile Justice Mortality Review
23 Team Act.
24 (27) (Blank).
25 (28) Correspondence and records (i) that may not be
26 disclosed under Section 11-9 of the Illinois Public Aid
SB2111 Enrolled - 599 - LRB104 09876 LNS 19944 b
1 Code or (ii) that pertain to appeals under Section 11-8 of
2 the Illinois Public Aid Code.
3 (29) Meetings between internal or external auditors
4 and governmental audit committees, finance committees, and
5 their equivalents, when the discussion involves internal
6 control weaknesses, identification of potential fraud risk
7 areas, known or suspected frauds, and fraud interviews
8 conducted in accordance with generally accepted auditing
9 standards of the United States of America.
10 (30) (Blank).
11 (31) Meetings and deliberations for decisions of the
12 Concealed Carry Licensing Review Board under the Firearm
13 Concealed Carry Act.
14 (32) Meetings between the Northern Illinois Transit
15 Regional Transportation Authority Board and its Service
16 Boards when the discussion involves review by the Northern
17 Illinois Transit Regional Transportation Authority Board
18 of employment contracts under Section 28d of the
19 Metropolitan Transit Authority Act and Sections 3A.18 and
20 3B.26 of the Northern Illinois Transit Regional
21 Transportation Authority Act.
22 (33) Those meetings or portions of meetings of the
23 advisory committee and peer review subcommittee created
24 under Section 320 of the Illinois Controlled Substances
25 Act during which specific controlled substance prescriber,
26 dispenser, or patient information is discussed.
SB2111 Enrolled - 600 - LRB104 09876 LNS 19944 b
1 (34) Meetings of the Tax Increment Financing Reform
2 Task Force under Section 2505-800 of the Department of
3 Revenue Law of the Civil Administrative Code of Illinois.
4 (35) Meetings of the group established to discuss
5 Medicaid capitation rates under Section 5-30.8 of the
6 Illinois Public Aid Code.
7 (36) Those deliberations or portions of deliberations
8 for decisions of the Illinois Gaming Board in which there
9 is discussed any of the following: (i) personal,
10 commercial, financial, or other information obtained from
11 any source that is privileged, proprietary, confidential,
12 or a trade secret; or (ii) information specifically
13 exempted from the disclosure by federal or State law.
14 (37) Deliberations for decisions of the Illinois Law
15 Enforcement Training Standards Board, the Certification
16 Review Panel, and the Illinois State Police Merit Board
17 regarding certification and decertification.
18 (38) Meetings of the Ad Hoc Statewide Domestic
19 Violence Fatality Review Committee of the Illinois
20 Criminal Justice Information Authority Board that occur in
21 closed executive session under subsection (d) of Section
22 35 of the Domestic Violence Fatality Review Act.
23 (39) Meetings of the regional review teams under
24 subsection (a) of Section 75 of the Domestic Violence
25 Fatality Review Act.
26 (40) Meetings of the Firearm Owner's Identification
SB2111 Enrolled - 601 - LRB104 09876 LNS 19944 b
1 Card Review Board under Section 10 of the Firearm Owners
2 Identification Card Act.
3 (d) Definitions. For purposes of this Section:
4 "Employee" means a person employed by a public body whose
5 relationship with the public body constitutes an
6 employer-employee relationship under the usual common law
7 rules, and who is not an independent contractor.
8 "Public office" means a position created by or under the
9 Constitution or laws of this State, the occupant of which is
10 charged with the exercise of some portion of the sovereign
11 power of this State. The term "public office" shall include
12 members of the public body, but it shall not include
13 organizational positions filled by members thereof, whether
14 established by law or by a public body itself, that exist to
15 assist the body in the conduct of its business.
16 "Quasi-adjudicative body" means an administrative body
17 charged by law or ordinance with the responsibility to conduct
18 hearings, receive evidence or testimony and make
19 determinations based thereon, but does not include local
20 electoral boards when such bodies are considering petition
21 challenges.
22 (e) Final action. No final action may be taken at a closed
23 meeting. Final action shall be preceded by a public recital of
24 the nature of the matter being considered and other
25 information that will inform the public of the business being
26 conducted.
SB2111 Enrolled - 602 - LRB104 09876 LNS 19944 b
1 (Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21;
2 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff.
3 7-28-23; 103-626, eff. 1-1-25.)
4 Section 15-10. The Freedom of Information Act is amended
5 by changing Section 7.5 as follows:
6 (5 ILCS 140/7.5)
7 Sec. 7.5. Statutory exemptions. To the extent provided for
8 by the statutes referenced below, the following shall be
9 exempt from inspection and copying:
10 (a) All information determined to be confidential
11 under Section 4002 of the Technology Advancement and
12 Development Act.
13 (b) Library circulation and order records identifying
14 library users with specific materials under the Library
15 Records Confidentiality Act.
16 (c) Applications, related documents, and medical
17 records received by the Experimental Organ Transplantation
18 Procedures Board and any and all documents or other
19 records prepared by the Experimental Organ Transplantation
20 Procedures Board or its staff relating to applications it
21 has received.
22 (d) Information and records held by the Department of
23 Public Health and its authorized representatives relating
24 to known or suspected cases of sexually transmitted
SB2111 Enrolled - 603 - LRB104 09876 LNS 19944 b
1 infection or any information the disclosure of which is
2 restricted under the Illinois Sexually Transmitted
3 Infection Control Act.
4 (e) Information the disclosure of which is exempted
5 under Section 30 of the Radon Industry Licensing Act.
6 (f) Firm performance evaluations under Section 55 of
7 the Architectural, Engineering, and Land Surveying
8 Qualifications Based Selection Act.
9 (g) Information the disclosure of which is restricted
10 and exempted under Section 50 of the Illinois Prepaid
11 Tuition Act.
12 (h) Information the disclosure of which is exempted
13 under the State Officials and Employees Ethics Act, and
14 records of any lawfully created State or local inspector
15 general's office that would be exempt if created or
16 obtained by an Executive Inspector General's office under
17 that Act.
18 (i) Information contained in a local emergency energy
19 plan submitted to a municipality in accordance with a
20 local emergency energy plan ordinance that is adopted
21 under Section 11-21.5-5 of the Illinois Municipal Code.
22 (j) Information and data concerning the distribution
23 of surcharge moneys collected and remitted by carriers
24 under the Emergency Telephone System Act.
25 (k) Law enforcement officer identification information
26 or driver identification information compiled by a law
SB2111 Enrolled - 604 - LRB104 09876 LNS 19944 b
1 enforcement agency or the Department of Transportation
2 under Section 11-212 of the Illinois Vehicle Code.
3 (l) Records and information provided to a residential
4 health care facility resident sexual assault and death
5 review team or the Executive Council under the Abuse
6 Prevention Review Team Act.
7 (m) Information provided to the predatory lending
8 database created pursuant to Article 3 of the Residential
9 Real Property Disclosure Act, except to the extent
10 authorized under that Article.
11 (n) Defense budgets and petitions for certification of
12 compensation and expenses for court appointed trial
13 counsel as provided under Sections 10 and 15 of the
14 Capital Crimes Litigation Act (repealed). This subsection
15 (n) shall apply until the conclusion of the trial of the
16 case, even if the prosecution chooses not to pursue the
17 death penalty prior to trial or sentencing.
18 (o) Information that is prohibited from being
19 disclosed under Section 4 of the Illinois Health and
20 Hazardous Substances Registry Act.
21 (p) Security portions of system safety program plans,
22 investigation reports, surveys, schedules, lists, data, or
23 information compiled, collected, or prepared by or for the
24 Department of Transportation under Sections 2705-300 and
25 2705-616 of the Department of Transportation Law of the
26 Civil Administrative Code of Illinois, the Northern
SB2111 Enrolled - 605 - LRB104 09876 LNS 19944 b
1 Illinois Transit Regional Transportation Authority under
2 Section 2.11 of the Northern Illinois Transit Regional
3 Transportation Authority Act, or the St. Clair County
4 Transit District under the Bi-State Transit Safety Act
5 (repealed).
6 (q) Information prohibited from being disclosed by the
7 Personnel Record Review Act.
8 (r) Information prohibited from being disclosed by the
9 Illinois School Student Records Act.
10 (s) Information the disclosure of which is restricted
11 under Section 5-108 of the Public Utilities Act.
12 (t) (Blank).
13 (u) Records and information provided to an independent
14 team of experts under the Developmental Disability and
15 Mental Health Safety Act (also known as Brian's Law).
16 (v) Names and information of people who have applied
17 for or received Firearm Owner's Identification Cards under
18 the Firearm Owners Identification Card Act or applied for
19 or received a concealed carry license under the Firearm
20 Concealed Carry Act, unless otherwise authorized by the
21 Firearm Concealed Carry Act; and databases under the
22 Firearm Concealed Carry Act, records of the Concealed
23 Carry Licensing Review Board under the Firearm Concealed
24 Carry Act, and law enforcement agency objections under the
25 Firearm Concealed Carry Act.
26 (v-5) Records of the Firearm Owner's Identification
SB2111 Enrolled - 606 - LRB104 09876 LNS 19944 b
1 Card Review Board that are exempted from disclosure under
2 Section 10 of the Firearm Owners Identification Card Act.
3 (w) Personally identifiable information which is
4 exempted from disclosure under subsection (g) of Section
5 19.1 of the Toll Highway Act.
6 (x) Information which is exempted from disclosure
7 under Section 5-1014.3 of the Counties Code or Section
8 8-11-21 of the Illinois Municipal Code.
9 (y) Confidential information under the Adult
10 Protective Services Act and its predecessor enabling
11 statute, the Elder Abuse and Neglect Act, including
12 information about the identity and administrative finding
13 against any caregiver of a verified and substantiated
14 decision of abuse, neglect, or financial exploitation of
15 an eligible adult maintained in the Registry established
16 under Section 7.5 of the Adult Protective Services Act.
17 (z) Records and information provided to a fatality
18 review team or the Illinois Fatality Review Team Advisory
19 Council under Section 15 of the Adult Protective Services
20 Act.
21 (aa) Information which is exempted from disclosure
22 under Section 2.37 of the Wildlife Code.
23 (bb) Information which is or was prohibited from
24 disclosure by the Juvenile Court Act of 1987.
25 (cc) Recordings made under the Law Enforcement
26 Officer-Worn Body Camera Act, except to the extent
SB2111 Enrolled - 607 - LRB104 09876 LNS 19944 b
1 authorized under that Act.
2 (dd) Information that is prohibited from being
3 disclosed under Section 45 of the Condominium and Common
4 Interest Community Ombudsperson Act.
5 (ee) Information that is exempted from disclosure
6 under Section 30.1 of the Pharmacy Practice Act.
7 (ff) Information that is exempted from disclosure
8 under the Revised Uniform Unclaimed Property Act.
9 (gg) Information that is prohibited from being
10 disclosed under Section 7-603.5 of the Illinois Vehicle
11 Code.
12 (hh) Records that are exempt from disclosure under
13 Section 1A-16.7 of the Election Code.
14 (ii) Information which is exempted from disclosure
15 under Section 2505-800 of the Department of Revenue Law of
16 the Civil Administrative Code of Illinois.
17 (jj) Information and reports that are required to be
18 submitted to the Department of Labor by registering day
19 and temporary labor service agencies but are exempt from
20 disclosure under subsection (a-1) of Section 45 of the Day
21 and Temporary Labor Services Act.
22 (kk) Information prohibited from disclosure under the
23 Seizure and Forfeiture Reporting Act.
24 (ll) Information the disclosure of which is restricted
25 and exempted under Section 5-30.8 of the Illinois Public
26 Aid Code.
SB2111 Enrolled - 608 - LRB104 09876 LNS 19944 b
1 (mm) Records that are exempt from disclosure under
2 Section 4.2 of the Crime Victims Compensation Act.
3 (nn) Information that is exempt from disclosure under
4 Section 70 of the Higher Education Student Assistance Act.
5 (oo) Communications, notes, records, and reports
6 arising out of a peer support counseling session
7 prohibited from disclosure under the First Responders
8 Suicide Prevention Act.
9 (pp) Names and all identifying information relating to
10 an employee of an emergency services provider or law
11 enforcement agency under the First Responders Suicide
12 Prevention Act.
13 (qq) Information and records held by the Department of
14 Public Health and its authorized representatives collected
15 under the Reproductive Health Act.
16 (rr) Information that is exempt from disclosure under
17 the Cannabis Regulation and Tax Act.
18 (ss) Data reported by an employer to the Department of
19 Human Rights pursuant to Section 2-108 of the Illinois
20 Human Rights Act.
21 (tt) Recordings made under the Children's Advocacy
22 Center Act, except to the extent authorized under that
23 Act.
24 (uu) Information that is exempt from disclosure under
25 Section 50 of the Sexual Assault Evidence Submission Act.
26 (vv) Information that is exempt from disclosure under
SB2111 Enrolled - 609 - LRB104 09876 LNS 19944 b
1 subsections (f) and (j) of Section 5-36 of the Illinois
2 Public Aid Code.
3 (ww) Information that is exempt from disclosure under
4 Section 16.8 of the State Treasurer Act.
5 (xx) Information that is exempt from disclosure or
6 information that shall not be made public under the
7 Illinois Insurance Code.
8 (yy) Information prohibited from being disclosed under
9 the Illinois Educational Labor Relations Act.
10 (zz) Information prohibited from being disclosed under
11 the Illinois Public Labor Relations Act.
12 (aaa) Information prohibited from being disclosed
13 under Section 1-167 of the Illinois Pension Code.
14 (bbb) Information that is prohibited from disclosure
15 by the Illinois Police Training Act and the Illinois State
16 Police Act.
17 (ccc) Records exempt from disclosure under Section
18 2605-304 of the Illinois State Police Law of the Civil
19 Administrative Code of Illinois.
20 (ddd) Information prohibited from being disclosed
21 under Section 35 of the Address Confidentiality for
22 Victims of Domestic Violence, Sexual Assault, Human
23 Trafficking, or Stalking Act.
24 (eee) Information prohibited from being disclosed
25 under subsection (b) of Section 75 of the Domestic
26 Violence Fatality Review Act.
SB2111 Enrolled - 610 - LRB104 09876 LNS 19944 b
1 (fff) Images from cameras under the Expressway Camera
2 Act. This subsection (fff) is inoperative on and after
3 July 1, 2025.
4 (ggg) Information prohibited from disclosure under
5 paragraph (3) of subsection (a) of Section 14 of the Nurse
6 Agency Licensing Act.
7 (hhh) Information submitted to the Illinois State
8 Police in an affidavit or application for an assault
9 weapon endorsement, assault weapon attachment endorsement,
10 .50 caliber rifle endorsement, or .50 caliber cartridge
11 endorsement under the Firearm Owners Identification Card
12 Act.
13 (iii) Data exempt from disclosure under Section 50 of
14 the School Safety Drill Act.
15 (jjj) Information exempt from disclosure under Section
16 30 of the Insurance Data Security Law.
17 (kkk) Confidential business information prohibited
18 from disclosure under Section 45 of the Paint Stewardship
19 Act.
20 (lll) Data exempt from disclosure under Section
21 2-3.196 of the School Code.
22 (mmm) Information prohibited from being disclosed
23 under subsection (e) of Section 1-129 of the Illinois
24 Power Agency Act.
25 (nnn) Materials received by the Department of Commerce
26 and Economic Opportunity that are confidential under the
SB2111 Enrolled - 611 - LRB104 09876 LNS 19944 b
1 Music and Musicians Tax Credit and Jobs Act.
2 (ooo) Data or information provided pursuant to Section
3 20 of the Statewide Recycling Needs and Assessment Act.
4 (ppp) Information that is exempt from disclosure under
5 Section 28-11 of the Lawful Health Care Activity Act.
6 (qqq) Information that is exempt from disclosure under
7 Section 7-101 of the Illinois Human Rights Act.
8 (rrr) Information prohibited from being disclosed
9 under Section 4-2 of the Uniform Money Transmission
10 Modernization Act.
11 (sss) Information exempt from disclosure under Section
12 40 of the Student-Athlete Endorsement Rights Act.
13 (ttt) Audio recordings made under Section 30 of the
14 Illinois State Police Act, except to the extent authorized
15 under that Section.
16 (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
17 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
18 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
19 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
20 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
21 eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
22 103-580, eff. 12-8-23; 103-592, eff. 6-7-24; 103-605, eff.
23 7-1-24; 103-636, eff. 7-1-24; 103-724, eff. 1-1-25; 103-786,
24 eff. 8-7-24; 103-859, eff. 8-9-24; 103-991, eff. 8-9-24;
25 103-1049, eff. 8-9-24; 103-1081, eff. 3-21-25.)
SB2111 Enrolled - 612 - LRB104 09876 LNS 19944 b
1 Section 15-15. The Illinois Public Labor Relations Act is
2 amended by changing Sections 5 and 15 as follows:
3 (5 ILCS 315/5) (from Ch. 48, par. 1605)
4 Sec. 5. Illinois Labor Relations Board; State Panel; Local
5 Panel.
6 (a) There is created the Illinois Labor Relations Board.
7 The Board shall be comprised of 2 panels, to be known as the
8 State Panel and the Local Panel.
9 (a-5) The State Panel shall have jurisdiction over
10 collective bargaining matters between employee organizations
11 and the State of Illinois, excluding the General Assembly of
12 the State of Illinois, between employee organizations and
13 units of local government and school districts with a
14 population not in excess of 2 million persons, and between
15 employee organizations and the Northern Illinois Transit
16 Regional Transportation Authority.
17 The State Panel shall consist of 5 members appointed by
18 the Governor, with the advice and consent of the Senate. The
19 Governor shall appoint to the State Panel only persons who
20 have had a minimum of 5 years of experience directly related to
21 labor and employment relations in representing public
22 employers, private employers, or labor organizations; or
23 teaching labor or employment relations; or administering
24 executive orders or regulations applicable to labor or
25 employment relations. At the time of his or her appointment,
SB2111 Enrolled - 613 - LRB104 09876 LNS 19944 b
1 each member of the State Panel shall be an Illinois resident.
2 The Governor shall designate one member to serve as the
3 Chairman of the State Panel and the Board.
4 Notwithstanding any other provision of this Section, the
5 term of each member of the State Panel who was appointed by the
6 Governor and is in office on June 30, 2003 shall terminate at
7 the close of business on that date or when all of the successor
8 members to be appointed pursuant to Public Act 93-509 this
9 amendatory Act of the 93rd General Assembly have been
10 appointed by the Governor, whichever occurs later. As soon as
11 possible, the Governor shall appoint persons to fill the
12 vacancies created by this amendatory Act.
13 The initial appointments under Public Act 93-509 this
14 amendatory Act of the 93rd General Assembly shall be for terms
15 as follows: The Chairman shall initially be appointed for a
16 term ending on the 4th Monday in January, 2007; 2 members shall
17 be initially appointed for terms ending on the 4th Monday in
18 January, 2006; one member shall be initially appointed for a
19 term ending on the 4th Monday in January, 2005; and one member
20 shall be initially appointed for a term ending on the 4th
21 Monday in January, 2004. Each subsequent member shall be
22 appointed for a term of 4 years, commencing on the 4th Monday
23 in January. Upon expiration of the term of office of any
24 appointive member, that member shall continue to serve until a
25 successor shall be appointed and qualified. In case of a
26 vacancy, a successor shall be appointed to serve for the
SB2111 Enrolled - 614 - LRB104 09876 LNS 19944 b
1 unexpired portion of the term. If the Senate is not in session
2 at the time the initial appointments are made, the Governor
3 shall make temporary appointments in the same manner
4 successors are appointed to fill vacancies. A temporary
5 appointment shall remain in effect no longer than 20 calendar
6 days after the commencement of the next Senate session.
7 (b) The Local Panel shall have jurisdiction over
8 collective bargaining agreement matters between employee
9 organizations and units of local government with a population
10 in excess of 2 million persons, but excluding the Northern
11 Illinois Transit Authority Regional Transportation Authority.
12 The Local Panel shall consist of one person appointed by
13 the Governor with the advice and consent of the Senate (or, if
14 no such person is appointed, the Chairman of the State Panel)
15 and two additional members, one appointed by the Mayor of the
16 City of Chicago and one appointed by the President of the Cook
17 County Board of Commissioners. Appointees to the Local Panel
18 must have had a minimum of 5 years of experience directly
19 related to labor and employment relations in representing
20 public employers, private employers, or labor organizations;
21 or teaching labor or employment relations; or administering
22 executive orders or regulations applicable to labor or
23 employment relations. Each member of the Local Panel shall be
24 an Illinois resident at the time of his or her appointment. The
25 member appointed by the Governor (or, if no such person is
26 appointed, the Chairman of the State Panel) shall serve as the
SB2111 Enrolled - 615 - LRB104 09876 LNS 19944 b
1 Chairman of the Local Panel.
2 Notwithstanding any other provision of this Section, the
3 term of the member of the Local Panel who was appointed by the
4 Governor and is in office on June 30, 2003 shall terminate at
5 the close of business on that date or when his or her successor
6 has been appointed by the Governor, whichever occurs later. As
7 soon as possible, the Governor shall appoint a person to fill
8 the vacancy created by this amendatory Act. The initial
9 appointment under Public Act 93-509 this amendatory Act of the
10 93rd General Assembly shall be for a term ending on the 4th
11 Monday in January, 2007.
12 The initial appointments under Public Act 91-798 this
13 amendatory Act of the 91st General Assembly shall be for terms
14 as follows: The member appointed by the Governor shall
15 initially be appointed for a term ending on the 4th Monday in
16 January, 2001; the member appointed by the President of the
17 Cook County Board shall be initially appointed for a term
18 ending on the 4th Monday in January, 2003; and the member
19 appointed by the Mayor of the City of Chicago shall be
20 initially appointed for a term ending on the 4th Monday in
21 January, 2004. Each subsequent member shall be appointed for a
22 term of 4 years, commencing on the 4th Monday in January. Upon
23 expiration of the term of office of any appointive member, the
24 member shall continue to serve until a successor shall be
25 appointed and qualified. In the case of a vacancy, a successor
26 shall be appointed by the applicable appointive authority to
SB2111 Enrolled - 616 - LRB104 09876 LNS 19944 b
1 serve for the unexpired portion of the term.
2 (c) Three members of the State Panel shall at all times
3 constitute a quorum. Two members of the Local Panel shall at
4 all times constitute a quorum. A vacancy on a panel does not
5 impair the right of the remaining members to exercise all of
6 the powers of that panel. Each panel shall adopt an official
7 seal which shall be judicially noticed. The salary of the
8 Chairman of the State Panel shall be $82,429 per year, or as
9 set by the Compensation Review Board, whichever is greater,
10 and that of the other members of the State and Local Panels
11 shall be $74,188 per year, or as set by the Compensation Review
12 Board, whichever is greater.
13 (d) Each member shall devote his or her entire time to the
14 duties of the office, and shall hold no other office or
15 position of profit, nor engage in any other business,
16 employment, or vocation. No member shall hold any other public
17 office or be employed as a labor or management representative
18 by the State or any political subdivision of the State or of
19 any department or agency thereof, or actively represent or act
20 on behalf of an employer or an employee organization or an
21 employer in labor relations matters. Any member of the State
22 Panel may be removed from office by the Governor for
23 inefficiency, neglect of duty, misconduct or malfeasance in
24 office, and for no other cause, and only upon notice and
25 hearing. Any member of the Local Panel may be removed from
26 office by the applicable appointive authority for
SB2111 Enrolled - 617 - LRB104 09876 LNS 19944 b
1 inefficiency, neglect of duty, misconduct or malfeasance in
2 office, and for no other cause, and only upon notice and
3 hearing.
4 (e) Each panel at the end of every State fiscal year shall
5 make a report in writing to the Governor and the General
6 Assembly, stating in detail the work it has done to carry out
7 the policy of the Act in hearing and deciding cases and
8 otherwise. Each panel's report shall include:
9 (1) the number of unfair labor practice charges filed
10 during the fiscal year;
11 (2) the number of unfair labor practice charges
12 resolved during the fiscal year;
13 (3) the total number of unfair labor charges pending
14 before the Board at the end of the fiscal year;
15 (4) the number of unfair labor charge cases at the end
16 of the fiscal year that have been pending before the Board
17 between 1 and 100 days, 101 and 150 days, 151 and 200 days,
18 201 and 250 days, 251 and 300 days, 301 and 350 days, 351
19 and 400 days, 401 and 450 days, 451 and 500 days, 501 and
20 550 days, 551 and 600 days, 601 and 650 days, 651 and 700
21 days, and over 701 days;
22 (5) the number of representation cases and unit
23 clarification cases filed during the fiscal year;
24 (6) the number of representation cases and unit
25 clarification cases resolved during the fiscal year;
26 (7) the total number of representation cases and unit
SB2111 Enrolled - 618 - LRB104 09876 LNS 19944 b
1 clarification cases pending before the Board at the end of
2 the fiscal year;
3 (8) the number of representation cases and unit
4 clarification cases at the end of the fiscal year that
5 have been pending before the Board between 1 and 120 days,
6 121 and 180 days, and over 180 days; and
7 (9) the Board's progress in meeting the timeliness
8 goals established pursuant to the criteria in subsection
9 (j) of Section 11 of this Act; the report shall include,
10 but is not limited to:
11 (A) the average number of days taken to complete
12 investigations and issue complaints, dismissals, or
13 deferrals;
14 (B) the average number of days taken for the Board
15 to issue decisions on appeals of dismissals or
16 deferrals;
17 (C) the average number of days taken to schedule a
18 hearing on complaints once issued;
19 (D) the average number of days taken to issue a
20 recommended decision and order once the record is
21 closed;
22 (E) the average number of days taken for the Board
23 to issue final decisions on recommended decisions when
24 where exceptions have been filed;
25 (F) the average number of days taken for the Board
26 to issue final decisions decision on recommended
SB2111 Enrolled - 619 - LRB104 09876 LNS 19944 b
1 decisions when no exceptions have been filed; and
2 (G) in cases where the Board was unable to meet the
3 timeliness goals established in subsection (j) of
4 Section 11, an explanation as to why the goal was not
5 met.
6 (f) In order to accomplish the objectives and carry out
7 the duties prescribed by this Act, a panel or its authorized
8 designees may hold elections to determine whether a labor
9 organization has majority status; investigate and attempt to
10 resolve or settle charges of unfair labor practices; hold
11 hearings in order to carry out its functions; develop and
12 effectuate appropriate impasse resolution procedures for
13 purposes of resolving labor disputes; require the appearance
14 of witnesses and the production of evidence on any matter
15 under inquiry; and administer oaths and affirmations. The
16 panels shall sign and report in full an opinion in every case
17 which they decide.
18 (g) Each panel may appoint or employ an executive
19 director, attorneys, hearing officers, mediators,
20 fact-finders, arbitrators, and such other employees as it may
21 deem necessary to perform its functions. The governing boards
22 shall prescribe the duties and qualifications of such persons
23 appointed and, subject to the annual appropriation, fix their
24 compensation and provide for reimbursement of actual and
25 necessary expenses incurred in the performance of their
26 duties. The Board shall employ a minimum of 16 attorneys and 6
SB2111 Enrolled - 620 - LRB104 09876 LNS 19944 b
1 investigators.
2 (h) Each panel shall exercise general supervision over all
3 attorneys which it employs and over the other persons employed
4 to provide necessary support services for such attorneys. The
5 panels shall have final authority in respect to complaints
6 brought pursuant to this Act.
7 (i) The following rules and regulations shall be adopted
8 by the panels meeting in joint session: (1) procedural rules
9 and regulations which shall govern all Board proceedings; (2)
10 procedures for election of exclusive bargaining
11 representatives pursuant to Section 9, except for the
12 determination of appropriate bargaining units; and (3)
13 appointment of counsel pursuant to subsection (k) of this
14 Section.
15 (j) Rules and regulations may be adopted, amended or
16 rescinded only upon a vote of 5 of the members of the State and
17 Local Panels meeting in joint session. The adoption,
18 amendment, or rescission of rules and regulations shall be in
19 conformity with the requirements of the Illinois
20 Administrative Procedure Act.
21 (k) The panels in joint session shall promulgate rules and
22 regulations providing for the appointment of attorneys or
23 other Board representatives to represent persons in unfair
24 labor practice proceedings before a panel. The regulations
25 governing appointment shall require the applicant to
26 demonstrate an inability to pay for or inability to otherwise
SB2111 Enrolled - 621 - LRB104 09876 LNS 19944 b
1 provide for adequate representation before a panel. Such rules
2 must also provide: (1) that an attorney may not be appointed in
3 cases which, in the opinion of a panel, are clearly without
4 merit; (2) the stage of the unfair labor proceeding at which
5 counsel will be appointed; and (3) the circumstances under
6 which a client will be allowed to select counsel.
7 (1) The panels in joint session may promulgate rules and
8 regulations which allow parties in proceedings before a panel
9 to be represented by counsel or any other representative of
10 the party's choice.
11 (m) The Chairman of the State Panel shall serve as
12 Chairman of a joint session of the panels. Attendance of at
13 least 2 members of the State Panel and at least one member of
14 the Local Panel, in addition to the Chairman, shall constitute
15 a quorum at a joint session. The panels shall meet in joint
16 session at least annually.
17 (Source: P.A. 103-856, eff. 1-1-25; revised 11-21-24.)
18 (5 ILCS 315/15) (from Ch. 48, par. 1615)
19 (Text of Section WITHOUT the changes made by P.A. 98-599,
20 which has been held unconstitutional)
21 Sec. 15. Act takes precedence Takes Precedence.
22 (a) In case of any conflict between the provisions of this
23 Act and any other law (other than Section 5 of the State
24 Employees Group Insurance Act of 1971 and other than the
25 changes made to the Illinois Pension Code by Public Act 96-889
SB2111 Enrolled - 622 - LRB104 09876 LNS 19944 b
1 this amendatory Act of the 96th General Assembly), executive
2 order or administrative regulation relating to wages, hours
3 and conditions of employment and employment relations, the
4 provisions of this Act or any collective bargaining agreement
5 negotiated thereunder shall prevail and control. Nothing in
6 this Act shall be construed to replace or diminish the rights
7 of employees established by Sections 28 and 28a of the
8 Metropolitan Transit Authority Act, Sections 2.15 through 2.19
9 of the Northern Illinois Transit Regional Transportation
10 Authority Act. The provisions of this Act are subject to
11 Section 5 of the State Employees Group Insurance Act of 1971.
12 Nothing in this Act shall be construed to replace the
13 necessity of complaints against a sworn peace officer, as
14 defined in Section 2(a) of the Uniform Peace Officers' Officer
15 Disciplinary Act, from having a complaint supported by a sworn
16 affidavit.
17 (b) Except as provided in subsection (a) above, any
18 collective bargaining contract between a public employer and a
19 labor organization executed pursuant to this Act shall
20 supersede any contrary statutes, charters, ordinances, rules
21 or regulations relating to wages, hours and conditions of
22 employment and employment relations adopted by the public
23 employer or its agents. Any collective bargaining agreement
24 entered into prior to the effective date of this Act shall
25 remain in full force during its duration.
26 (c) It is the public policy of this State, pursuant to
SB2111 Enrolled - 623 - LRB104 09876 LNS 19944 b
1 paragraphs (h) and (i) of Section 6 of Article VII of the
2 Illinois Constitution, that the provisions of this Act are the
3 exclusive exercise by the State of powers and functions which
4 might otherwise be exercised by home rule units. Such powers
5 and functions may not be exercised concurrently, either
6 directly or indirectly, by any unit of local government,
7 including any home rule unit, except as otherwise authorized
8 by this Act.
9 (Source: P.A. 95-331, eff. 8-21-07; 96-889, eff. 1-1-11;
10 revised 7-23-24.)
11 Section 15-20. The State Employees Group Insurance Act of
12 1971 is amended by changing Section 2.5 as follows:
13 (5 ILCS 375/2.5)
14 Sec. 2.5. Application to Northern Illinois Transit
15 Regional Transportation Authority Board members.
16 Notwithstanding any other provision of this Act to the
17 contrary, this Act does not apply to any member of the Northern
18 Illinois Transit Regional Transportation Authority Board who
19 first becomes a member of that Board on or after July 23, 2013
20 (the effective date of Public Act 98-108) with respect to
21 service of that Board.
22 (Source: P.A. 98-108, eff. 7-23-13; 98-756, eff. 7-16-14.)
23 Section 15-25. The State Officials and Employees Ethics
SB2111 Enrolled - 624 - LRB104 09876 LNS 19944 b
1 Act is amended by changing Section 1-5 as follows:
2 (5 ILCS 430/1-5)
3 Sec. 1-5. Definitions. As used in this Act:
4 "Appointee" means a person appointed to a position in or
5 with a State agency, regardless of whether the position is
6 compensated.
7 "Board members of Regional Development Authorities" means
8 any person appointed to serve on the governing board of a
9 Regional Development Authority.
10 "Board members of Regional Transit Boards" means any
11 person appointed to serve on the governing board of a Regional
12 Transit Board.
13 "Campaign for elective office" means any activity in
14 furtherance of an effort to influence the selection,
15 nomination, election, or appointment of any individual to any
16 federal, State, or local public office or office in a
17 political organization, or the selection, nomination, or
18 election of Presidential or Vice-Presidential electors, but
19 does not include activities (i) relating to the support or
20 opposition of any executive, legislative, or administrative
21 action (as those terms are defined in Section 2 of the Lobbyist
22 Registration Act), (ii) relating to collective bargaining, or
23 (iii) that are otherwise in furtherance of the person's
24 official State duties.
25 "Candidate" means a person who has filed nominating papers
SB2111 Enrolled - 625 - LRB104 09876 LNS 19944 b
1 or petitions for nomination or election to an elected State
2 office, or who has been appointed to fill a vacancy in
3 nomination, and who remains eligible for placement on the
4 ballot at either a general primary election or general
5 election.
6 "Collective bargaining" has the same meaning as that term
7 is defined in Section 3 of the Illinois Public Labor Relations
8 Act.
9 "Commission" means an ethics commission created by this
10 Act.
11 "Compensated time" means any time worked by or credited to
12 a State employee that counts toward any minimum work time
13 requirement imposed as a condition of employment with a State
14 agency, but does not include any designated State holidays or
15 any period when the employee is on a leave of absence.
16 "Compensatory time off" means authorized time off earned
17 by or awarded to a State employee to compensate in whole or in
18 part for time worked in excess of the minimum work time
19 required of that employee as a condition of employment with a
20 State agency.
21 "Contribution" has the same meaning as that term is
22 defined in Section 9-1.4 of the Election Code.
23 "Employee" means (i) any person employed full-time,
24 part-time, or pursuant to a contract and whose employment
25 duties are subject to the direction and control of an employer
26 with regard to the material details of how the work is to be
SB2111 Enrolled - 626 - LRB104 09876 LNS 19944 b
1 performed or (ii) any appointed or elected commissioner,
2 trustee, director, or board member of a board of a State
3 agency, including any retirement system or investment board
4 subject to the Illinois Pension Code or (iii) any other
5 appointee.
6 "Employment benefits" include but are not limited to the
7 following: modified compensation or benefit terms; compensated
8 time off; or change of title, job duties, or location of office
9 or employment. An employment benefit may also include
10 favorable treatment in determining whether to bring any
11 disciplinary or similar action or favorable treatment during
12 the course of any disciplinary or similar action or other
13 performance review.
14 "Executive branch constitutional officer" means the
15 Governor, Lieutenant Governor, Attorney General, Secretary of
16 State, Comptroller, and Treasurer.
17 "Gift" means any gratuity, discount, entertainment,
18 hospitality, loan, forbearance, or other tangible or
19 intangible item having monetary value including, but not
20 limited to, cash, food and drink, and honoraria for speaking
21 engagements related to or attributable to government
22 employment or the official position of an employee, member, or
23 officer. The value of a gift may be further defined by rules
24 adopted by the appropriate ethics commission or by the Auditor
25 General for the Auditor General and for employees of the
26 office of the Auditor General.
SB2111 Enrolled - 627 - LRB104 09876 LNS 19944 b
1 "Governmental entity" means a unit of local government
2 (including a community college district) or a school district
3 but not a State agency, a Regional Transit Board, or a Regional
4 Development Authority.
5 "Leave of absence" means any period during which a State
6 employee does not receive (i) compensation for State
7 employment, (ii) service credit towards State pension
8 benefits, and (iii) health insurance benefits paid for by the
9 State.
10 "Legislative branch constitutional officer" means a member
11 of the General Assembly and the Auditor General.
12 "Legislative leader" means the President and Minority
13 Leader of the Senate and the Speaker and Minority Leader of the
14 House of Representatives.
15 "Member" means a member of the General Assembly.
16 "Officer" means an executive branch constitutional officer
17 or a legislative branch constitutional officer.
18 "Political" means any activity in support of or in
19 connection with any campaign for elective office or any
20 political organization, but does not include activities (i)
21 relating to the support or opposition of any executive,
22 legislative, or administrative action (as those terms are
23 defined in Section 2 of the Lobbyist Registration Act), (ii)
24 relating to collective bargaining, or (iii) that are otherwise
25 in furtherance of the person's official State duties or
26 governmental and public service functions.
SB2111 Enrolled - 628 - LRB104 09876 LNS 19944 b
1 "Political organization" means a party, committee,
2 association, fund, or other organization (whether or not
3 incorporated) that is required to file a statement of
4 organization with the State Board of Elections or a county
5 clerk under Section 9-3 of the Election Code, but only with
6 regard to those activities that require filing with the State
7 Board of Elections or a county clerk.
8 "Prohibited political activity" means:
9 (1) Preparing for, organizing, or participating in any
10 political meeting, political rally, political
11 demonstration, or other political event.
12 (2) Soliciting contributions, including but not
13 limited to the purchase of, selling, distributing, or
14 receiving payment for tickets for any political
15 fundraiser, political meeting, or other political event.
16 (3) Soliciting, planning the solicitation of, or
17 preparing any document or report regarding any thing of
18 value intended as a campaign contribution.
19 (4) Planning, conducting, or participating in a public
20 opinion poll in connection with a campaign for elective
21 office or on behalf of a political organization for
22 political purposes or for or against any referendum
23 question.
24 (5) Surveying or gathering information from potential
25 or actual voters in an election to determine probable vote
26 outcome in connection with a campaign for elective office
SB2111 Enrolled - 629 - LRB104 09876 LNS 19944 b
1 or on behalf of a political organization for political
2 purposes or for or against any referendum question.
3 (6) Assisting at the polls on election day on behalf
4 of any political organization or candidate for elective
5 office or for or against any referendum question.
6 (7) Soliciting votes on behalf of a candidate for
7 elective office or a political organization or for or
8 against any referendum question or helping in an effort to
9 get voters to the polls.
10 (8) Initiating for circulation, preparing,
11 circulating, reviewing, or filing any petition on behalf
12 of a candidate for elective office or for or against any
13 referendum question.
14 (9) Making contributions on behalf of any candidate
15 for elective office in that capacity or in connection with
16 a campaign for elective office.
17 (10) Preparing or reviewing responses to candidate
18 questionnaires in connection with a campaign for elective
19 office or on behalf of a political organization for
20 political purposes.
21 (11) Distributing, preparing for distribution, or
22 mailing campaign literature, campaign signs, or other
23 campaign material on behalf of any candidate for elective
24 office or for or against any referendum question.
25 (12) Campaigning for any elective office or for or
26 against any referendum question.
SB2111 Enrolled - 630 - LRB104 09876 LNS 19944 b
1 (13) Managing or working on a campaign for elective
2 office or for or against any referendum question.
3 (14) Serving as a delegate, alternate, or proxy to a
4 political party convention.
5 (15) Participating in any recount or challenge to the
6 outcome of any election, except to the extent that under
7 subsection (d) of Section 6 of Article IV of the Illinois
8 Constitution each house of the General Assembly shall
9 judge the elections, returns, and qualifications of its
10 members.
11 "Prohibited source" means any person or entity who:
12 (1) is seeking official action (i) by the member or
13 officer or (ii) in the case of an employee, by the employee
14 or by the member, officer, State agency, or other employee
15 directing the employee;
16 (2) does business or seeks to do business (i) with the
17 member or officer or (ii) in the case of an employee, with
18 the employee or with the member, officer, State agency, or
19 other employee directing the employee;
20 (3) conducts activities regulated (i) by the member or
21 officer or (ii) in the case of an employee, by the employee
22 or by the member, officer, State agency, or other employee
23 directing the employee;
24 (4) has interests that may be substantially affected
25 by the performance or non-performance of the official
26 duties of the member, officer, or employee;
SB2111 Enrolled - 631 - LRB104 09876 LNS 19944 b
1 (5) is registered or required to be registered with
2 the Secretary of State under the Lobbyist Registration
3 Act, except that an entity not otherwise a prohibited
4 source does not become a prohibited source merely because
5 a registered lobbyist is one of its members or serves on
6 its board of directors; or
7 (6) is an agent of, a spouse of, or an immediate family
8 member who is living with a "prohibited source".
9 "Regional Development Authority" means the following
10 regional development authorities:
11 (1) the Central Illinois Economic Development
12 Authority created by the Central Illinois Economic
13 Development Authority Act;
14 (2) the Eastern Illinois Economic Development
15 Authority created by the Eastern Illinois Economic
16 Development Authority Act;
17 (3) the Joliet Arsenal Development Authority created
18 by the Joliet Arsenal Development Authority Act;
19 (4) the Quad Cities Regional Economic Development
20 Authority created by Quad Cities Regional Economic
21 Development Authority Act, approved September 22, 1987;
22 (5) the Riverdale Development Authority created by the
23 Riverdale Development Authority Act;
24 (6) the Southeastern Illinois Economic Development
25 Authority created by the Southeastern Illinois Economic
26 Development Authority Act;
SB2111 Enrolled - 632 - LRB104 09876 LNS 19944 b
1 (7) the Southern Illinois Economic Development
2 Authority created by the Southern Illinois Economic
3 Development Authority Act;
4 (8) the Southwestern Illinois Development Authority
5 created by the Southwestern Illinois Development Authority
6 Act;
7 (9) the Tri-County River Valley Development Authority
8 created by the Tri-County River Valley Development
9 Authority Law;
10 (10) the Upper Illinois River Valley Development
11 Authority created by the Upper Illinois River Valley
12 Development Authority Act;
13 (11) the Illinois Urban Development Authority created
14 by the Illinois Urban Development Authority Act;
15 (12) the Western Illinois Economic Development
16 Authority created by the Western Illinois Economic
17 Development Authority Act; and
18 (13) the Will-Kankakee Regional Development Authority
19 created by the Will-Kankakee Regional Development
20 Authority Law.
21 "Regional Transit Boards" means (i) the Northern Illinois
22 Transit Regional Transportation Authority created by the
23 Northern Illinois Transit Regional Transportation Authority
24 Act, (ii) the Suburban Bus Division created by the Northern
25 Illinois Transit Regional Transportation Authority Act, (iii)
26 the Commuter Rail Division created by the Northern Illinois
SB2111 Enrolled - 633 - LRB104 09876 LNS 19944 b
1 Transit Regional Transportation Authority Act, and (iv) the
2 Chicago Transit Authority created by the Metropolitan Transit
3 Authority Act.
4 "State agency" includes all officers, boards, commissions
5 and agencies created by the Constitution, whether in the
6 executive or legislative branch; all officers, departments,
7 boards, commissions, agencies, institutions, authorities,
8 public institutions of higher learning as defined in Section 2
9 of the Higher Education Cooperation Act (except community
10 colleges), and bodies politic and corporate of the State; and
11 administrative units or corporate outgrowths of the State
12 government which are created by or pursuant to statute, other
13 than units of local government (including community college
14 districts) and their officers, school districts, and boards of
15 election commissioners; and all administrative units and
16 corporate outgrowths of the above and as may be created by
17 executive order of the Governor. "State agency" includes the
18 General Assembly, the Senate, the House of Representatives,
19 the President and Minority Leader of the Senate, the Speaker
20 and Minority Leader of the House of Representatives, the
21 Senate Operations Commission, and the legislative support
22 services agencies. "State agency" includes the Office of the
23 Auditor General. "State agency" does not include the judicial
24 branch.
25 "State employee" means any employee of a State agency.
26 "Ultimate jurisdictional authority" means the following:
SB2111 Enrolled - 634 - LRB104 09876 LNS 19944 b
1 (1) For members, legislative partisan staff, and
2 legislative secretaries, the appropriate legislative
3 leader: President of the Senate, Minority Leader of the
4 Senate, Speaker of the House of Representatives, or
5 Minority Leader of the House of Representatives.
6 (2) For State employees who are professional staff or
7 employees of the Senate and not covered under item (1),
8 the Senate Operations Commission.
9 (3) For State employees who are professional staff or
10 employees of the House of Representatives and not covered
11 under item (1), the Speaker of the House of
12 Representatives.
13 (4) For State employees who are employees of the
14 legislative support services agencies, the Joint Committee
15 on Legislative Support Services.
16 (5) For State employees of the Auditor General, the
17 Auditor General.
18 (6) For State employees of public institutions of
19 higher learning as defined in Section 2 of the Higher
20 Education Cooperation Act (except community colleges), the
21 board of trustees of the appropriate public institution of
22 higher learning.
23 (7) For State employees of an executive branch
24 constitutional officer other than those described in
25 paragraph (6), the appropriate executive branch
26 constitutional officer.
SB2111 Enrolled - 635 - LRB104 09876 LNS 19944 b
1 (8) For State employees not under the jurisdiction of
2 paragraph (1), (2), (3), (4), (5), (6), or (7), the
3 Governor.
4 (9) For employees of Regional Transit Boards, the
5 appropriate Regional Transit Board.
6 (10) For board members of Regional Transit Boards, the
7 Governor.
8 (11) For employees of Regional Development
9 Authorities, the appropriate Regional Development
10 Authority.
11 (12) For board members of Regional Development
12 Authorities, the Governor.
13 (Source: P.A. 103-517, eff. 8-11-23.)
14 Section 15-30. The Illinois Act on the Aging is amended by
15 changing Section 4.15 as follows:
16 (20 ILCS 105/4.15)
17 Sec. 4.15. Eligibility determinations.
18 (a) The Department is authorized to make eligibility
19 determinations for benefits administered by other governmental
20 bodies based on the Senior Citizens and Persons with
21 Disabilities Property Tax Relief Act as follows:
22 (i) for the Secretary of State with respect to reduced
23 fees paid by qualified vehicle owners under the Illinois
24 Vehicle Code;
SB2111 Enrolled - 636 - LRB104 09876 LNS 19944 b
1 (ii) for special districts that offer free fixed route
2 public transportation services for qualified older adults
3 under the Local Mass Transit District Act, the
4 Metropolitan Transit Authority Act, and the Northern
5 Illinois Transit Regional Transportation Authority Act;
6 and
7 (iii) for special districts that offer transit
8 services for qualified individuals with disabilities under
9 the Local Mass Transit District Act, the Metropolitan
10 Transit Authority Act, and the Northern Illinois Transit
11 Regional Transportation Authority Act.
12 (b) The Department shall establish the manner by which
13 claimants shall apply for these benefits. The Department is
14 authorized to promulgate rules regarding the following
15 matters: the application cycle; the application process; the
16 content for an electronic application; required personal
17 identification information; acceptable proof of eligibility as
18 to age, disability status, marital status, residency, and
19 household income limits; household composition; calculating
20 income; use of social security numbers; duration of
21 eligibility determinations; and any other matters necessary
22 for such administrative operations.
23 (c) All information received by the Department from an
24 application or from any investigation to determine eligibility
25 for benefits shall be confidential, except for official
26 purposes.
SB2111 Enrolled - 637 - LRB104 09876 LNS 19944 b
1 (d) A person may not under any circumstances charge a fee
2 to a claimant for assistance in completing an application form
3 for these benefits.
4 (Source: P.A. 98-887, eff. 8-15-14; 99-143, eff. 7-27-15.)
5 Section 15-35. The Department of Public Health Powers and
6 Duties Law of the Civil Administrative Code of Illinois is
7 amended by changing Section 2310-55.5 as follows:
8 (20 ILCS 2310/2310-55.5)
9 Sec. 2310-55.5. Free and reduced fare services. The
10 Northern Illinois Transit Regional Transportation Authority
11 shall monthly provide the Department with a list of riders
12 that receive free or reduced fares under the Northern Illinois
13 Transit Regional Transportation Authority Act. The list shall
14 include an individual's name, address, and date of birth. The
15 Department shall, within 2 weeks after receipt of the list,
16 report back to the Northern Illinois Transit Regional
17 Transportation Authority any discrepancies that indicate that
18 a rider receiving free or reduced fare services is deceased.
19 (Source: P.A. 97-781, eff. 1-1-13.)
20 Section 15-40. The Department of Transportation Law of the
21 Civil Administrative Code of Illinois is amended by changing
22 Sections 2705-300, 2705-305, 2705-310, and 2705-315 as
23 follows:
SB2111 Enrolled - 638 - LRB104 09876 LNS 19944 b
1 (20 ILCS 2705/2705-300) (was 20 ILCS 2705/49.18)
2 Sec. 2705-300. Powers concerning mass transportation. The
3 Department has the power to do the following:
4 (1) Advise and assist the Governor and the General
5 Assembly in formulating (i) a mass transportation policy
6 for the State, (ii) proposals designed to help meet and
7 resolve special problems of mass transportation within the
8 State, and (iii) programs of assistance for the
9 comprehensive planning, development, and administration of
10 mass transportation facilities and services.
11 (2) Appear and participate in proceedings before any
12 federal, State, or local regulatory agency involving or
13 affecting mass transportation in the State.
14 (3) Study mass transportation problems and provide
15 technical assistance to units of local government.
16 (4) Encourage experimentation in developing new mass
17 transportation facilities and services.
18 (5) Recommend policies, programs, and actions designed
19 to improve utilization of mass transportation services.
20 (6) Cooperate with mass transit districts and systems,
21 local governments, and other State agencies in meeting
22 those problems of air, noise, and water pollution
23 associated with transportation.
24 (7) Participate fully in a statewide effort to improve
25 transport safety, including, as the designated State
SB2111 Enrolled - 639 - LRB104 09876 LNS 19944 b
1 agency responsible for overseeing the safety and security
2 of rail fixed guideway public transportation systems in
3 compliance with 49 U.S.C. 5329 and 49 U.S.C. 5330:
4 (A) developing, adopting, and implementing a
5 system safety program standard and procedures meeting
6 the compliance requirements of 49 U.S.C. 5329 and 49
7 U.S.C. 5330, as now or hereafter amended, for the
8 safety and security of rail fixed guideway public
9 transportation systems within the State; and
10 (B) establishing procedures in accordance with 49
11 U.S.C. 5329 and 49 U.S.C. 5330 to review, approve,
12 oversee, investigate, audit, and enforce all other
13 necessary and incidental functions related to the
14 effectuation of 49 U.S.C. 5329 and 49 U.S.C. 5330, or
15 other federal law, pertaining to public transportation
16 oversight. The Department may contract for the
17 services of a qualified consultant to comply with this
18 subsection.
19 The security portion of the system safety program,
20 investigation reports, surveys, schedules, lists, or data
21 compiled, collected, or prepared by or for the Department
22 under this subsection shall not be subject to discovery or
23 admitted into evidence in federal or State court or
24 considered for other purposes in any civil action for
25 damages arising from any matter mentioned or addressed in
26 such reports, surveys, schedules, lists, data, or
SB2111 Enrolled - 640 - LRB104 09876 LNS 19944 b
1 information. Except for willful or wanton conduct, neither
2 the Department nor its employees, nor the Northern
3 Illinois Transit Regional Transportation Authority, nor
4 the St. Clair County Transit District, nor any mass
5 transit district nor service board subject to this
6 Section, nor their respective directors, officers, or
7 employees, shall be held liable in any civil action for
8 any injury to or death of any person or loss of or damage
9 to property for any act, omission, or failure to act under
10 this Section or 49 U.S.C. 5329 or 49 U.S.C. 5330 as now or
11 hereafter amended.
12 (8) Conduct by contract or otherwise technical
13 studies, and demonstration and development projects which
14 shall be designed to test and develop methods for
15 increasing public use of mass transportation and for
16 providing mass transportation in an efficient,
17 coordinated, and convenient manner.
18 (9) Make applications for, receive, and make use of
19 grants for mass transportation.
20 (10) Make grants for mass transportation from the
21 Transportation Fund pursuant to the standards and
22 procedures of Sections 2705-305 and 2705-310.
23 Nothing in this Section alleviates an individual's duty to
24 comply with the State Officials and Employees Ethics Act.
25 (Source: P.A. 102-559, eff. 8-20-21.)
SB2111 Enrolled - 641 - LRB104 09876 LNS 19944 b
1 (20 ILCS 2705/2705-305)
2 Sec. 2705-305. Grants for mass transportation.
3 (a) For the purpose of mass transportation grants and
4 contracts, the following definitions apply:
5 "Carrier" means any corporation, authority, partnership,
6 association, person, or district authorized to provide mass
7 transportation within the State.
8 "District" means all of the following:
9 (i) Any district created pursuant to the Local Mass
10 Transit District Act.
11 (ii) The Authority created pursuant to the
12 Metropolitan Transit Authority Act.
13 (iii) Any authority, commission, or other entity that
14 by virtue of an interstate compact approved by Congress is
15 authorized to provide mass transportation.
16 (iv) The Authority created pursuant to the Northern
17 Illinois Transit Regional Transportation Authority Act.
18 "Facilities" comprise all real and personal property used
19 in or appurtenant to a mass transportation system, including
20 parking lots.
21 "Mass transportation" means transportation provided within
22 the State of Illinois by rail, bus, or other conveyance and
23 available to the general public on a regular and continuing
24 basis, including the transportation of persons with
25 disabilities or elderly persons as provided more specifically
26 in Section 2705-310.
SB2111 Enrolled - 642 - LRB104 09876 LNS 19944 b
1 "Unit of local government" means any city, village,
2 incorporated town, or county.
3 (b) Grants may be made to units of local government,
4 districts, and carriers for the acquisition, construction,
5 extension, reconstruction, and improvement of mass
6 transportation facilities. Grants shall be made upon the terms
7 and conditions that in the judgment of the Secretary are
8 necessary to ensure their proper and effective utilization.
9 (c) The Department shall make grants under this Law in a
10 manner designed, so far as is consistent with the maintenance
11 and development of a sound mass transportation system within
12 the State, to: (i) maximize federal funds for the assistance
13 of mass transportation in Illinois under the Federal Transit
14 Act and other federal Acts; (ii) facilitate the movement of
15 persons who because of age, economic circumstance, or physical
16 infirmity are unable to drive; (iii) contribute to an improved
17 environment through the reduction of air, water, and noise
18 pollution; and (iv) reduce traffic congestion.
19 (d) The Secretary shall establish procedures for making
20 application for mass transportation grants. The procedures
21 shall provide for public notice of all applications and give
22 reasonable opportunity for the submission of comments and
23 objections by interested parties. The procedures shall be
24 designed with a view to facilitating simultaneous application
25 for a grant to the Department and to the federal government.
26 (e) Grants may be made for mass transportation projects as
SB2111 Enrolled - 643 - LRB104 09876 LNS 19944 b
1 follows:
2 (1) In an amount not to exceed 100% of the nonfederal
3 share of projects for which a federal grant is made.
4 (2) In an amount not to exceed 100% of the net project
5 cost for projects for which a federal grant is not made.
6 (3) In an amount not to exceed five-sixths of the net
7 project cost for projects essential for the maintenance of
8 a sound transportation system and eligible for federal
9 assistance for which a federal grant application has been
10 made but a federal grant has been delayed. If and when a
11 federal grant is made, the amount in excess of the
12 nonfederal share shall be promptly returned to the
13 Department.
14 In no event shall the Department make a grant that,
15 together with any federal funds or funds from any other
16 source, is in excess of 100% of the net project cost.
17 (f) Regardless of whether any funds are available under a
18 federal grant, the Department shall not make a mass
19 transportation grant unless the Secretary finds that the
20 recipient has entered into an agreement with the Department in
21 which the recipient agrees not to engage in school bus
22 operations exclusively for the transportation of students and
23 school personnel in competition with private school bus
24 operators where those private school bus operators are able to
25 provide adequate transportation, at reasonable rates, in
26 conformance with applicable safety standards, provided that
SB2111 Enrolled - 644 - LRB104 09876 LNS 19944 b
1 this requirement shall not apply to a recipient that operates
2 a school system in the area to be served and operates a
3 separate and exclusive school bus program for the school
4 system.
5 (g) Grants may be made for mass transportation purposes
6 with funds appropriated from the Build Illinois Bond Fund
7 consistent with the specific purposes for which those funds
8 are appropriated by the General Assembly. Grants under this
9 subsection (g) are not subject to any limitations or
10 conditions imposed upon grants by any other provision of this
11 Section, except that the Secretary may impose the terms and
12 conditions that in his or her judgment are necessary to ensure
13 the proper and effective utilization of the grants under this
14 subsection.
15 (h) The Department may let contracts for mass
16 transportation purposes and facilities for the purpose of
17 reducing urban congestion funded in whole or in part with
18 bonds described in subdivision (b)(1) of Section 4 of the
19 General Obligation Bond Act, not to exceed $75,000,000 in
20 bonds.
21 (i) The Department may make grants to carriers, districts,
22 and units of local government for the purpose of reimbursing
23 them for providing reduced fares for mass transportation
24 services for students, persons with disabilities, and the
25 elderly. Grants shall be made upon the terms and conditions
26 that in the judgment of the Secretary are necessary to ensure
SB2111 Enrolled - 645 - LRB104 09876 LNS 19944 b
1 their proper and effective utilization.
2 (j) The Department may make grants to carriers, districts,
3 and units of local government for costs of providing ADA
4 paratransit service.
5 (Source: P.A. 99-143, eff. 7-27-15.)
6 (20 ILCS 2705/2705-310)
7 Sec. 2705-310. Grants for transportation for persons with
8 disabilities.
9 (a) For the purposes of this Section, the following
10 definitions apply:
11 "Carrier" means a district or a not for profit
12 corporation providing mass transportation for persons with
13 disabilities on a regular and continuing basis.
14 "Person with a disability" means any individual who, by
15 reason of illness, injury, age, congenital malfunction, or
16 other permanent or temporary incapacity or disability, is
17 unable without special mass transportation facilities or
18 special planning or design to utilize ordinary mass
19 transportation facilities and services as effectively as
20 persons who are not so affected.
21 "Unit of local government", "district", and "facilities"
22 have the meanings ascribed to them in Section 2705-305.
23 (b) The Department may make grants from the Transportation
24 Fund and the General Revenue Fund (i) to units of local
25 government, districts, and carriers for vehicles, equipment,
SB2111 Enrolled - 646 - LRB104 09876 LNS 19944 b
1 and the acquisition, construction, extension, reconstruction,
2 and improvement of mass transportation facilities for persons
3 with disabilities and (ii) during State fiscal years 1986 and
4 1987, to the Northern Illinois Transit Regional Transportation
5 Authority for operating assistance for mass transportation for
6 mobility limited persons, including paratransit services for
7 the mobility limited. The grants shall be made upon the terms
8 and conditions that in the judgment of the Secretary are
9 necessary to ensure their proper and effective utilization.
10 The procedures, limitations, and safeguards provided in
11 Section 2705-305 to govern grants for mass transportation
12 shall apply to grants made under this Section.
13 For the efficient administration of grants, the
14 Department, on behalf of grant recipients under this Section
15 and on behalf of recipients receiving funds under Sections
16 5309 and 5311 of the Federal Transit Act and State funds, may
17 administer and consolidate procurements and may enter into
18 contracts with manufacturers of vehicles and equipment.
19 (c) The Department may make operating assistance grants
20 from the Transportation Fund to those carriers that, during
21 federal fiscal year 1986, directly received operating
22 assistance pursuant to Section 5307 or Section 5311 of the
23 Federal Transit Act, or under contracts with a unit of local
24 government or mass transit district that received operating
25 expenses under Section 5307 or Section 5311 of the Federal
26 Transit Act, to provide public paratransit services to the
SB2111 Enrolled - 647 - LRB104 09876 LNS 19944 b
1 general mobility limited population. The Secretary shall take
2 into consideration the reduction in federal operating expense
3 grants to carriers when considering the grant applications.
4 The procedures, limitations, and safeguards provided in
5 Section 2705-305 to govern grants for mass transportation
6 shall apply to grants made under this Section.
7 (Source: P.A. 99-143, eff. 7-27-15.)
8 (20 ILCS 2705/2705-315) (was 20 ILCS 2705/49.19b)
9 Sec. 2705-315. Grants for passenger security. The
10 Department may make grants from the Transportation Fund and
11 the General Revenue Fund to the Northern Illinois Transit
12 Regional Transportation Authority created under the Northern
13 Illinois Transit Regional Transportation Authority Act to be
14 used to provide protection against crime for the consumers of
15 public transportation, and for the employees and facilities of
16 public transportation providers, in the metropolitan region.
17 The grants may be used (1) to provide that protection
18 directly, or (2) to contract with any municipality or county
19 in the metropolitan region to provide that protection, or (3)
20 except for the Chicago Transit Authority created under the
21 Metropolitan Transit Authority Act, to contract with a private
22 security agency to provide that protection.
23 The grants shall be made upon the terms and conditions
24 that in the judgment of the Secretary are necessary to ensure
25 their proper and effective utilization. The procedures
SB2111 Enrolled - 648 - LRB104 09876 LNS 19944 b
1 provided in Section 2705-305 to govern grants for mass
2 transportation shall apply to grants made under this Section.
3 (Source: P.A. 91-239, eff. 1-1-00.)
4 Section 15-45. The Illinois Finance Authority Act is
5 amended by changing Section 820-50 as follows:
6 (20 ILCS 3501/820-50)
7 Sec. 820-50. Pledge of Funds by Units of Local Government.
8 (a) Pledge of Funds. Any unit of local government which
9 receives funds from the Department of Revenue, including
10 without limitation funds received pursuant to Sections 8-11-1,
11 8-11-1.4, 8-11-5 or 8-11-6 of the Illinois Municipal Code, the
12 Home Rule County Retailers' Occupation Tax Act, the Home Rule
13 County Service Occupation Tax Act, Sections 25.05-2, 25.05-3
14 or 25.05-10 of "An Act to revise the law in relation to
15 counties", Section 5.01 of the Local Mass Transit District
16 Act, Section 4.03 of the Northern Illinois Transit Regional
17 Transportation Authority Act, Sections 2 or 12 of the State
18 Revenue Sharing Act, or from the Department of Transportation
19 pursuant to Section 8 of the Motor Fuel Tax Law, or from the
20 State Superintendent of Education (directly or indirectly
21 through regional superintendents of schools) pursuant to
22 Article 18 of the School Code, or any unit of government which
23 receives other funds which are at any time in the custody of
24 the State Treasurer, the State Comptroller, the Department of
SB2111 Enrolled - 649 - LRB104 09876 LNS 19944 b
1 Revenue, the Department of Transportation or the State
2 Superintendent of Education may by appropriate proceedings,
3 pledge to the Authority or any entity acting on behalf of the
4 Authority (including, without limitation, any trustee), any or
5 all of such receipts to the extent that such receipts are
6 necessary to provide revenues to pay the principal of,
7 premium, if any, and interest on, and other fees related to, or
8 to secure, any of the local government securities of such unit
9 of local government which have been sold or delivered to the
10 Authority or its designee or to pay lease rental payments to be
11 made by such unit of local government to the extent that such
12 lease rental payments secure the payment of the principal of,
13 premium, if any, and interest on, and other fees related to,
14 any local government securities which have been sold or
15 delivered to the Authority or its designee. Any pledge of such
16 receipts (or any portion thereof) shall constitute a first and
17 prior lien thereon and shall be binding from the time the
18 pledge is made.
19 (b) Direct Payment of Pledged Receipts. Any such unit of
20 local government may, by such proceedings, direct that all or
21 any of such pledged receipts payable to such unit of local
22 government be paid directly to the Authority or such other
23 entity (including, without limitation, any trustee) for the
24 purpose of paying the principal of, premium, if any, and
25 interest on, and fees relating to, such local government
26 securities or for the purpose of paying such lease rental
SB2111 Enrolled - 650 - LRB104 09876 LNS 19944 b
1 payments to the extent necessary to pay the principal of,
2 premium, if any, and interest on, and other fees related to,
3 such local government securities secured by such lease rental
4 payments. Upon receipt of a certified copy of such proceedings
5 by the State Treasurer, the State Comptroller, the Department
6 of Revenue, the Department of Transportation or the State
7 Superintendent of Education, as the case may be, such
8 Department or State Superintendent shall direct the State
9 Comptroller and State Treasurer to pay to, or on behalf of, the
10 Authority or such other entity (including, without limitation,
11 any trustee) all or such portion of the pledged receipts from
12 the Department of Revenue, or the Department of Transportation
13 or the State Superintendent of Education (directly or
14 indirectly through regional superintendents of schools), as
15 the case may be, sufficient to pay the principal of and
16 premium, if any, and interest on, and other fees related to,
17 the local governmental securities for which the pledge was
18 made or to pay such lease rental payments securing such local
19 government securities for which the pledge was made. The
20 proceedings shall constitute authorization for such a
21 directive to the State Comptroller to cause orders to be drawn
22 and to the State Treasurer to pay in accordance with such
23 directive. To the extent that the Authority or its designee
24 notifies the Department of Revenue, the Department of
25 Transportation or the State Superintendent of Education, as
26 the case may be, that the unit of local government has
SB2111 Enrolled - 651 - LRB104 09876 LNS 19944 b
1 previously paid to the Authority or its designee the amount of
2 any principal, premium, interest and fees payable from such
3 pledged receipts, the State Comptroller shall cause orders to
4 be drawn and the State Treasurer shall pay such pledged
5 receipts to the unit of local government as if they were not
6 pledged receipts. To the extent that such receipts are pledged
7 and paid to the Authority or such other entity, any taxes which
8 have been levied or fees or charges assessed pursuant to law on
9 account of the issuance of such local government securities
10 shall be paid to the unit of local government and may be used
11 for the purposes for which the pledged receipts would have
12 been used.
13 (c) Payment of Pledged Receipts upon Default. Any such
14 unit of local government may, by such proceedings, direct that
15 such pledged receipts payable to such unit of local government
16 be paid to the Authority or such other entity (including,
17 without limitation, any trustee) upon a default in the payment
18 of any principal of, premium, if any, or interest on, or fees
19 relating to, any of the local government securities of such
20 unit of local government which have been sold or delivered to
21 the Authority or its designee or any of the local government
22 securities which have been sold or delivered to the Authority
23 or its designee and which are secured by such lease rental
24 payments. If such local governmental security is in default as
25 to the payment of principal thereof, premium, if any, or
26 interest thereon, or fees relating thereto, to the extent that
SB2111 Enrolled - 652 - LRB104 09876 LNS 19944 b
1 the State Treasurer, the State Comptroller, the Department of
2 Revenue, the Department of Transportation or the State
3 Superintendent of Education (directly or indirectly through
4 regional superintendents of schools) shall be the custodian at
5 any time of any other available funds or moneys pledged to the
6 payment of such local government securities or such lease
7 rental payments securing such local government securities
8 pursuant to this Section and due or payable to such a unit of
9 local government at any time subsequent to written notice to
10 the State Comptroller and State Treasurer from the Authority
11 or any entity acting on behalf of the Authority (including,
12 without limitation, any trustee) to the effect that such unit
13 of local government has not paid or is in default as to payment
14 of the principal of, premium, if any, or interest on, or fees
15 relating to, any local government security sold or delivered
16 to the Authority or any such entity (including, without
17 limitation, any trustee) or has not paid or is in default as to
18 the payment of such lease rental payments securing the payment
19 of the principal of, premium, if any, or interest on, or other
20 fees relating to, any local government security sold or
21 delivered to the Authority or such other entity (including,
22 without limitation, any trustee):
23 (i) The State Comptroller and the State Treasurer
24 shall withhold the payment of such funds or moneys from
25 such unit of local government until the amount of such
26 principal, premium, if any, interest or fees then due and
SB2111 Enrolled - 653 - LRB104 09876 LNS 19944 b
1 unpaid has been paid to the Authority or any such entity
2 (including, without limitation, any trustee), or the State
3 Comptroller and the State Treasurer have been advised that
4 arrangements, satisfactory to the Authority or such
5 entity, have been made for the payment of such principal,
6 premium, if any, interest and fees; and
7 (ii) Within 10 days after a demand for payment by the
8 Authority or such entity given to such unit of local
9 government, the State Treasurer and the State Comptroller,
10 the State Treasurer shall pay such funds or moneys as are
11 legally available therefor to the Authority or such entity
12 for the payment of principal of, premium, if any, or
13 interest on, or fees relating to, such local government
14 securities. The Authority or any such entity may carry out
15 this Section and exercise all the rights, remedies and
16 provisions provided or referred to in this Section.
17 (d) Remedies. Upon the sale or delivery of any local
18 government securities of the Authority or its designee, the
19 local government which issued such local government securities
20 shall be deemed to have agreed that upon its failure to pay
21 interest or premium, if any, on, or principal of, or fees
22 relating to, the local government securities sold or delivered
23 to the Authority or any entity acting on behalf of the
24 Authority (including, without limitation, any trustee) when
25 payable, all statutory defenses to nonpayment are thereby
26 waived. Upon a default in payment of principal of or interest
SB2111 Enrolled - 654 - LRB104 09876 LNS 19944 b
1 on any local government securities issued by a unit of local
2 government and sold or delivered to the Authority or its
3 designee, and upon demand on the unit of local government for
4 payment, if the local government securities are payable from
5 property taxes and funds are not legally available in the
6 treasury of the unit of local government to make payment, an
7 action in mandamus for the levy of a tax by the unit of local
8 government to pay the principal of or interest on the local
9 government securities shall lie, and the Authority or such
10 entity shall be constituted a holder or owner of the local
11 government securities as being in default. Upon the occurrence
12 of any failure or default with respect to any local government
13 securities issued by a unit of local government, the Authority
14 or such entity may thereupon avail itself of all remedies,
15 rights and provisions of law applicable in the circumstances,
16 and the failure to exercise or exert any rights or remedies
17 within a time or period provided by law may not be raised as a
18 defense by the unit of local government.
19 (Source: P.A. 93-205, eff. 1-1-04.)
20 Section 15-50. The Illinois State Auditing Act is amended
21 by changing Sections 3-1 and 3-2.3 as follows:
22 (30 ILCS 5/3-1) (from Ch. 15, par. 303-1)
23 Sec. 3-1. Jurisdiction of Auditor General. The Auditor
24 General has jurisdiction over all State agencies to make post
SB2111 Enrolled - 655 - LRB104 09876 LNS 19944 b
1 audits and investigations authorized by or under this Act or
2 the Constitution.
3 The Auditor General has jurisdiction over local government
4 agencies and private agencies only:
5 (a) to make such post audits authorized by or under
6 this Act as are necessary and incidental to a post audit of
7 a State agency or of a program administered by a State
8 agency involving public funds of the State, but this
9 jurisdiction does not include any authority to review
10 local governmental agencies in the obligation, receipt,
11 expenditure or use of public funds of the State that are
12 granted without limitation or condition imposed by law,
13 other than the general limitation that such funds be used
14 for public purposes;
15 (b) to make investigations authorized by or under this
16 Act or the Constitution; and
17 (c) to make audits of the records of local government
18 agencies to verify actual costs of state-mandated programs
19 when directed to do so by the Legislative Audit Commission
20 at the request of the State Board of Appeals under the
21 State Mandates Act.
22 In addition to the foregoing, the Auditor General may
23 conduct an audit of the Metropolitan Pier and Exposition
24 Authority, the Northern Illinois Transit Regional
25 Transportation Authority, the Suburban Bus Division, the
26 Commuter Rail Division and the Chicago Transit Authority and
SB2111 Enrolled - 656 - LRB104 09876 LNS 19944 b
1 any other subsidized carrier when authorized by the
2 Legislative Audit Commission. Such audit may be a financial,
3 management or program audit, or any combination thereof.
4 The audit shall determine whether they are operating in
5 accordance with all applicable laws and regulations. Subject
6 to the limitations of this Act, the Legislative Audit
7 Commission may by resolution specify additional determinations
8 to be included in the scope of the audit.
9 In addition to the foregoing, the Auditor General must
10 also conduct a financial audit of the Illinois Sports
11 Facilities Authority's expenditures of public funds in
12 connection with the reconstruction, renovation, remodeling,
13 extension, or improvement of all or substantially all of any
14 existing "facility", as that term is defined in the Illinois
15 Sports Facilities Authority Act.
16 The Auditor General may also conduct an audit, when
17 authorized by the Legislative Audit Commission, of any
18 hospital which receives 10% or more of its gross revenues from
19 payments from the State of Illinois, Department of Healthcare
20 and Family Services (formerly Department of Public Aid),
21 Medical Assistance Program.
22 The Auditor General is authorized to conduct financial and
23 compliance audits of the Illinois Distance Learning Foundation
24 and the Illinois Conservation Foundation.
25 As soon as practical after August 18, 1995 (the effective
26 date of Public Act 89-386), the Auditor General shall conduct
SB2111 Enrolled - 657 - LRB104 09876 LNS 19944 b
1 a compliance and management audit of the City of Chicago and
2 any other entity with regard to the operation of Chicago
3 O'Hare International Airport, Chicago Midway Airport and
4 Merrill C. Meigs Field. The audit shall include, but not be
5 limited to, an examination of revenues, expenses, and
6 transfers of funds; purchasing and contracting policies and
7 practices; staffing levels; and hiring practices and
8 procedures. When completed, the audit required by this
9 paragraph shall be distributed in accordance with Section
10 3-14.
11 The Auditor General must conduct an audit of the Health
12 Facilities and Services Review Board pursuant to Section 19.5
13 of the Illinois Health Facilities Planning Act.
14 The Auditor General of the State of Illinois shall
15 annually conduct or cause to be conducted a financial and
16 compliance audit of the books and records of any county water
17 commission organized pursuant to the Water Commission Act of
18 1985 and shall file a copy of the report of that audit with the
19 Governor and the Legislative Audit Commission. The filed audit
20 shall be open to the public for inspection. The cost of the
21 audit shall be charged to the county water commission in
22 accordance with Section 6z-27 of the State Finance Act. The
23 county water commission shall make available to the Auditor
24 General its books and records and any other documentation,
25 whether in the possession of its trustees or other parties,
26 necessary to conduct the audit required. These audit
SB2111 Enrolled - 658 - LRB104 09876 LNS 19944 b
1 requirements apply only through July 1, 2007.
2 The Auditor General must conduct audits of the Rend Lake
3 Conservancy District as provided in Section 25.5 of the River
4 Conservancy Districts Act.
5 The Auditor General must conduct financial audits of the
6 Southeastern Illinois Economic Development Authority as
7 provided in Section 70 of the Southeastern Illinois Economic
8 Development Authority Act.
9 The Auditor General shall conduct a compliance audit in
10 accordance with subsections (d) and (f) of Section 30 of the
11 Innovation Development and Economy Act.
12 (Source: P.A. 104-2, eff. 6-16-25.)
13 (30 ILCS 5/3-2.3)
14 Sec. 3-2.3. Report on Chicago Transit Authority.
15 (a) No less than 60 days prior to the issuance of bonds or
16 notes by the Chicago Transit Authority (referred to as the
17 "Authority" in this Section) pursuant to Section 12c of the
18 Metropolitan Transit Authority Act, the following
19 documentation shall be submitted to the Auditor General and
20 the Northern Illinois Transit Regional Transportation
21 Authority:
22 (1) Retirement Plan Documentation. The Authority shall
23 submit a certification that:
24 (A) it is legally authorized to issue the bonds or
25 notes;
SB2111 Enrolled - 659 - LRB104 09876 LNS 19944 b
1 (B) scheduled annual payments of principal and
2 interest on the bonds and notes to be issued meet the
3 requirements of Section 12c(b)(5) of the Metropolitan
4 Transit Authority Act;
5 (C) no bond or note shall mature later than
6 December 31, 2040;
7 (D) after payment of costs of issuance and
8 necessary deposits to funds and accounts established
9 with respect to debt service on the bonds or notes, the
10 net bond and note proceeds (exclusive of any proceeds
11 to be used to refund outstanding bonds or notes) will
12 be deposited in the Retirement Plan for Chicago
13 Transit Authority Employees and used only for the
14 purposes required by Section 22-101 of the Illinois
15 Pension Code; and
16 (E) it has entered into an intergovernmental
17 agreement with the City of Chicago under which the
18 City of Chicago will provide financial assistance to
19 the Authority in an amount equal to the net receipts,
20 after fees for costs of collection, from a tax on the
21 privilege of transferring title to real estate in the
22 City of Chicago in an amount up to $1.50 per $500 of
23 value or fraction thereof under the provisions of
24 Section 8-3-19 of the Illinois Municipal Code, which
25 agreement shall be for a term expiring no earlier than
26 the final maturity of bonds or notes that it proposes
SB2111 Enrolled - 660 - LRB104 09876 LNS 19944 b
1 to issue under Section 12c of the Metropolitan Transit
2 Authority Act.
3 (2) The Board of Trustees of the Retirement Plan for
4 Chicago Transit Authority Employees shall submit a
5 certification that the Retirement Plan for Chicago Transit
6 Authority Employees is operating in accordance with all
7 applicable legal and contractual requirements, including
8 the following:
9 (A) the members of a new Board of Trustees have
10 been appointed according to the requirements of
11 Section 22-101(b) of the Illinois Pension Code; and
12 (B) contribution levels for employees and the
13 Authority have been established according to the
14 requirements of Section 22-101(d) of the Illinois
15 Pension Code.
16 (3) Actuarial Report. The Board of Trustees of the
17 Retirement Plan for Chicago Transit Authority Employees
18 shall submit an actuarial report prepared by an enrolled
19 actuary setting forth:
20 (A) the method of valuation and the underlying
21 assumptions;
22 (B) a comparison of the debt service schedules of
23 the bonds or notes proposed to be issued to the
24 Retirement Plan's current unfunded actuarial accrued
25 liability amortization schedule, as required by
26 Section 22-101(e) of the Illinois Pension Code, using
SB2111 Enrolled - 661 - LRB104 09876 LNS 19944 b
1 the projected interest cost of the bond or note issue
2 as the discount rate to calculate the estimated net
3 present value savings;
4 (C) the amount of the estimated net present value
5 savings comparing the true interest cost of the bonds
6 or notes with the actuarial investment return
7 assumption of the Retirement Plan; and
8 (D) a certification that the net proceeds of the
9 bonds or notes, together with anticipated earnings on
10 contributions and deposits, will be sufficient to
11 reasonably conclude on an actuarial basis that the
12 total retirement assets of the Retirement Plan will
13 not be less than 90% of its liabilities by the end of
14 fiscal year 2059.
15 (4) The Authority shall submit a financial analysis
16 prepared by an independent advisor. The financial analysis
17 must include a determination that the issuance of bonds is
18 in the best interest of the Retirement Plan for Chicago
19 Transit Authority Employees and the Chicago Transit
20 Authority. The independent advisor shall not act as
21 underwriter or receive a legal, consulting, or other fee
22 related to the issuance of any bond or notes issued by the
23 Authority pursuant to Section 12c of the Metropolitan
24 Transit Authority Act except compensation due for the
25 preparation of the financial analysis.
26 (5) Retiree Health Care Trust Documentation. The
SB2111 Enrolled - 662 - LRB104 09876 LNS 19944 b
1 Authority shall submit a certification that:
2 (A) it is legally authorized to issue the bonds or
3 notes;
4 (B) scheduled annual payments of principal and
5 interest on the bonds and notes to be issued meets the
6 requirements of Section 12c(b)(5) of the Metropolitan
7 Transit Authority Act;
8 (C) no bond or note shall mature later than
9 December 31, 2040;
10 (D) after payment of costs of issuance and
11 necessary deposits to funds and accounts established
12 with respect to debt service on the bonds or notes, the
13 net bond and note proceeds (exclusive of any proceeds
14 to be used to refund outstanding bonds or notes) will
15 be deposited in the Retiree Health Care Trust and used
16 only for the purposes required by Section 22-101B of
17 the Illinois Pension Code; and
18 (E) it has entered into an intergovernmental
19 agreement with the City of Chicago under which the
20 City of Chicago will provide financial assistance to
21 the Authority in an amount equal to the net receipts,
22 after fees for costs of collection, from a tax on the
23 privilege of transferring title to real estate in the
24 City of Chicago in an amount up to $1.50 per $500 of
25 value or fraction thereof under the provisions of
26 Section 8-3-19 of the Illinois Municipal Code, which
SB2111 Enrolled - 663 - LRB104 09876 LNS 19944 b
1 agreement shall be for a term expiring no earlier than
2 the final maturity of bonds or notes that it proposes
3 to issue under Section 12c of the Metropolitan Transit
4 Authority Act.
5 (6) The Board of Trustees of the Retiree Health Care
6 Trust shall submit a certification that the Retiree Health
7 Care Trust has been established in accordance with all
8 applicable legal requirements, including the following:
9 (A) the Retiree Health Care Trust has been
10 established and a Trust document is in effect to
11 govern the Retiree Health Care Trust;
12 (B) the members of the Board of Trustees of the
13 Retiree Health Care Trust have been appointed
14 according to the requirements of Section 22-101B(b)(1)
15 of the Illinois Pension Code;
16 (C) a health care benefit program for eligible
17 retirees and their dependents and survivors has been
18 established by the Board of Trustees according to the
19 requirements of Section 22-101B(b)(2) of the Illinois
20 Pension Code;
21 (D) contribution levels have been established for
22 retirees, dependents and survivors according to the
23 requirements of Section 22-101B(b)(5) of the Illinois
24 Pension Code; and
25 (E) contribution levels have been established for
26 employees of the Authority according to the
SB2111 Enrolled - 664 - LRB104 09876 LNS 19944 b
1 requirements of Section 22-101B(b)(6) of the Illinois
2 Pension Code.
3 (7) Actuarial Report. The Board of Trustees of the
4 Retiree Health Care Trust shall submit an actuarial report
5 prepared by an enrolled actuary setting forth:
6 (A) the method of valuation and the underlying
7 assumptions;
8 (B) a comparison of the projected interest cost of
9 the bonds or notes proposed to be issued with the
10 actuarial investment return assumption of the Retiree
11 Health Care Trust; and
12 (C) a certification that the net proceeds of the
13 bonds or notes, together with anticipated earnings on
14 contributions and deposits, will be sufficient to
15 adequately fund the actuarial present value of
16 projected benefits expected to be paid under the
17 Retiree Health Care Trust, or a certification of the
18 increases in contribution levels and decreases in
19 benefit levels that would be required in order to cure
20 any funding shortfall over a period of not more than 10
21 years.
22 (8) The Authority shall submit a financial analysis
23 prepared by an independent advisor. The financial analysis
24 must include a determination that the issuance of bonds is
25 in the best interest of the Retiree Health Care Trust and
26 the Chicago Transit Authority. The independent advisor
SB2111 Enrolled - 665 - LRB104 09876 LNS 19944 b
1 shall not act as underwriter or receive a legal,
2 consulting, or other fee related to the issuance of any
3 bond or notes issued by the Authority pursuant to Section
4 12c of the Metropolitan Transit Authority Act except
5 compensation due for the preparation of the financial
6 analysis.
7 (b) The Auditor General shall examine the information
8 submitted pursuant to Section 3-2.3(a)(1) through (4) and
9 submit a report to the General Assembly, the Legislative Audit
10 Commission, the Governor, the Northern Illinois Transit
11 Regional Transportation Authority and the Authority indicating
12 whether (i) the required certifications by the Authority and
13 the Board of Trustees of the Retirement Plan have been made,
14 and (ii) the actuarial reports have been provided, the reports
15 include all required information, the assumptions underlying
16 those reports are not unreasonable in the aggregate, and the
17 reports appear to comply with all pertinent professional
18 standards, including those issued by the Actuarial Standards
19 Board. The Auditor General shall submit such report no later
20 than 60 days after receiving the information required to be
21 submitted by the Authority and the Board of Trustees of the
22 Retirement Plan. Any bonds or notes issued by the Authority
23 under item (1) of subsection (b) of Section 12c of the
24 Metropolitan Transit Authority Act shall be issued within 120
25 days after receiving such report from the Auditor General. The
26 Authority may not issue bonds or notes until it receives the
SB2111 Enrolled - 666 - LRB104 09876 LNS 19944 b
1 report from the Auditor General indicating the above
2 requirements have been met.
3 (c) The Auditor General shall examine the information
4 submitted pursuant to Section 3-2.3(a)(5) through (8) and
5 submit a report to the General Assembly, the Legislative Audit
6 Commission, the Governor, the Northern Illinois Transit
7 Regional Transportation Authority and the Authority indicating
8 whether (i) the required certifications by the Authority and
9 the Board of Trustees of the Retiree Health Care Trust have
10 been made, and (ii) the actuarial reports have been provided,
11 the reports include all required information, the assumptions
12 underlying those reports are not unreasonable in the
13 aggregate, and the reports appear to comply with all pertinent
14 professional standards, including those issued by the
15 Actuarial Standards Board. The Auditor General shall submit
16 such report no later than 60 days after receiving the
17 information required to be submitted by the Authority and the
18 Board of Trustees of the Retiree Health Care Trust. Any bonds
19 or notes issued by the Authority under item (2) of subsection
20 (b) of Section 12c of the Metropolitan Transit Authority Act
21 shall be issued within 120 days after receiving such report
22 from the Auditor General. The Authority may not issue bonds or
23 notes until it receives a report from the Auditor General
24 indicating the above requirements have been met.
25 (d) In fulfilling this duty, after receiving the
26 information submitted pursuant to Section 3-2.3(a), the
SB2111 Enrolled - 667 - LRB104 09876 LNS 19944 b
1 Auditor General may request additional information and support
2 pertaining to the data and conclusions contained in the
3 submitted documents and the Authority, the Board of Trustees
4 of the Retirement Plan and the Board of Trustees of the Retiree
5 Health Care Trust shall cooperate with the Auditor General and
6 provide additional information as requested in a timely
7 manner. The Auditor General may also request from the Northern
8 Illinois Transit Regional Transportation Authority an analysis
9 of the information submitted by the Authority relating to the
10 sources of funds to be utilized for payment of the proposed
11 bonds or notes of the Authority. The Auditor General's report
12 shall not be in the nature of a post-audit or examination and
13 shall not lead to the issuance of an opinion as that term is
14 defined in generally accepted government auditing standards.
15 (e) Annual Retirement Plan Submission to Auditor General.
16 The Board of Trustees of the Retirement Plan for Chicago
17 Transit Authority Employees established by Section 22-101 of
18 the Illinois Pension Code shall provide the following
19 documents to the Auditor General annually no later than
20 September 30:
21 (1) the most recent audit or examination of the
22 Retirement Plan;
23 (2) an annual statement containing the information
24 specified in Section 1A-109 of the Illinois Pension Code;
25 and
26 (3) a complete actuarial statement applicable to the
SB2111 Enrolled - 668 - LRB104 09876 LNS 19944 b
1 prior plan year, which may be the annual report of an
2 enrolled actuary retained by the Retirement Plan specified
3 in Section 22-101(e) of the Illinois Pension Code.
4 The Auditor General shall annually examine the information
5 provided pursuant to this subsection and shall submit a report
6 of the analysis thereof to the General Assembly, including the
7 report specified in Section 22-101(e) of the Illinois Pension
8 Code.
9 (f) The Auditor General shall annually examine the
10 information submitted pursuant to Section 22-101B(b)(3)(iii)
11 of the Illinois Pension Code and shall prepare the
12 determination specified in Section 22-101B(b)(3)(iv) of the
13 Illinois Pension Code.
14 (g) In fulfilling the duties under Sections 3-2.3(e) and
15 (f), the Auditor General may request additional information
16 and support pertaining to the data and conclusions contained
17 in the submitted documents, and the Authority, the Board of
18 Trustees of the Retirement Plan, and the Board of Trustees of
19 the Retiree Health Care Trust shall cooperate with the Auditor
20 General and provide additional information as requested in a
21 timely manner. The Auditor General's review shall not be in
22 the nature of a post-audit or examination and shall not lead to
23 the issuance of an opinion as that term is defined in generally
24 accepted government auditing standards. Upon request of the
25 Auditor General, the Commission on Government Forecasting and
26 Accountability and the Public Pension Division of the
SB2111 Enrolled - 669 - LRB104 09876 LNS 19944 b
1 Department of Insurance shall cooperate with and assist the
2 Auditor General in the conduct of his review.
3 (h) The Auditor General shall submit a bill to the
4 Authority for costs associated with the examinations and
5 reports specified in subsections (b) and (c) of this Section
6 3-2.3, which the Authority shall reimburse in a timely manner.
7 The costs associated with the examinations and reports which
8 are reimbursed by the Authority shall constitute a cost of
9 issuance of the bonds or notes under Section 12c(b)(1) and (2)
10 of the Metropolitan Transit Authority Act. The amount received
11 shall be deposited into the fund or funds from which such costs
12 were paid by the Auditor General. The Auditor General shall
13 submit a bill to the Retirement Plan for Chicago Transit
14 Authority Employees for costs associated with the examinations
15 and reports specified in subsection (e) of this Section, which
16 the Retirement Plan for Chicago Transit Authority Employees
17 shall reimburse in a timely manner. The amount received shall
18 be deposited into the fund or funds from which such costs were
19 paid by the Auditor General. The Auditor General shall submit
20 a bill to the Retiree Health Care Trust for costs associated
21 with the determination specified in subsection (f) of this
22 Section, which the Retiree Health Care Trust shall reimburse
23 in a timely manner. The amount received shall be deposited
24 into the fund or funds from which such costs were paid by the
25 Auditor General.
26 (Source: P.A. 103-605, eff. 7-1-24.)
SB2111 Enrolled - 670 - LRB104 09876 LNS 19944 b
1 Section 15-55. The State Finance Act is amended by
2 changing Sections 5.277, 5.918, 6z-17, 6z-20, 6z-109, 8.3, and
3 8.25g as follows:
4 (30 ILCS 105/5.277) (from Ch. 127, par. 141.277)
5 Sec. 5.277. The Northern Illinois Transit Regional
6 Transportation Authority Occupation and Use Tax Replacement
7 Fund.
8 (Source: P.A. 86-928; 86-1028.)
9 (30 ILCS 105/5.918)
10 Sec. 5.918. The Northern Illinois Transit Regional
11 Transportation Authority Capital Improvement Fund.
12 (Source: P.A. 101-31, eff. 6-28-19; 101-32, eff. 6-28-19;
13 102-558, eff. 8-20-21.)
14 (30 ILCS 105/6z-17) (from Ch. 127, par. 142z-17)
15 Sec. 6z-17. State and Local Sales Tax Reform Fund.
16 (a) After deducting the amount transferred to the Tax
17 Compliance and Administration Fund under subsection (b), of
18 the money paid into the State and Local Sales Tax Reform Fund:
19 (i) municipalities having 1,000,000 or more inhabitants shall
20 receive 20% and may expend such amount to fund and establish a
21 program for developing and coordinating public and private
22 resources targeted to meet the affordable housing needs of
SB2111 Enrolled - 671 - LRB104 09876 LNS 19944 b
1 low-income and very low-income households within such
2 municipality, (ii) 10% shall be transferred into the Northern
3 Illinois Transit Regional Transportation Authority Occupation
4 and Use Tax Replacement Fund, a special fund in the State
5 treasury which is hereby created, (iii) until July 1, 2013,
6 subject to appropriation to the Department of Transportation,
7 the Madison County Mass Transit District shall receive .6%,
8 and beginning on July 1, 2013, 0.6% shall be distributed by the
9 Department of Revenue each month out of the Fund to the Madison
10 County Mass Transit District, (iv) the following amounts, plus
11 any cumulative deficiency in such transfers for prior months,
12 shall be transferred monthly into the Build Illinois Fund and
13 credited to the Build Illinois Bond Account therein:
14 Fiscal Year Amount
15 1990 $2,700,000
16 1991 1,850,000
17 1992 2,750,000
18 1993 2,950,000
19 From Fiscal Year 1994 through Fiscal Year 2025 the
20 transfer shall total $3,150,000 monthly, plus any cumulative
21 deficiency in such transfers for prior months, and (v) the
22 remainder of the money paid into the State and Local Sales Tax
23 Reform Fund shall be transferred into the Local Government
24 Distributive Fund and, except for municipalities with
25 1,000,000 or more inhabitants which shall receive no portion
26 of such remainder, shall be distributed in the manner provided
SB2111 Enrolled - 672 - LRB104 09876 LNS 19944 b
1 by Section 2 of the State Revenue Sharing Act. Municipalities
2 with more than 50,000 inhabitants according to the 1980 U.S.
3 Census and located within the Metro East Mass Transit District
4 receiving funds pursuant to provision (v) of this paragraph
5 may expend such amounts to fund and establish a program for
6 developing and coordinating public and private resources
7 targeted to meet the affordable housing needs of low-income
8 and very low-income households within such municipality.
9 Moneys transferred from the Grocery Tax Replacement Fund
10 to the State and Local Sales Tax Reform Fund under Section
11 6z-130 shall be treated under this Section in the same manner
12 as if they had been remitted with the return on which they were
13 reported.
14 (b) Beginning on the first day of the first calendar month
15 to occur on or after the effective date of this amendatory Act
16 of the 98th General Assembly, each month the Department of
17 Revenue shall certify to the State Comptroller and the State
18 Treasurer, and the State Comptroller shall order transferred
19 and the State Treasurer shall transfer from the State and
20 Local Sales Tax Reform Fund to the Tax Compliance and
21 Administration Fund, an amount equal to 1/12 of 5% of 20% of
22 the cash receipts collected during the preceding fiscal year
23 by the Audit Bureau of the Department of Revenue under the Use
24 Tax Act, the Service Use Tax Act, the Service Occupation Tax
25 Act, the Retailers' Occupation Tax Act, and associated local
26 occupation and use taxes administered by the Department. The
SB2111 Enrolled - 673 - LRB104 09876 LNS 19944 b
1 amount distributed under subsection (a) each month shall first
2 be reduced by the amount transferred to the Tax Compliance and
3 Administration Fund under this subsection (b). Moneys
4 transferred to the Tax Compliance and Administration Fund
5 under this subsection (b) shall be used, subject to
6 appropriation, to fund additional auditors and compliance
7 personnel at the Department of Revenue.
8 (c) The provisions of this Section directing the
9 distributions from the State and Local Sales Tax Reform Fund,
10 including, but not limited to, amounts that are distributed in
11 the manner provided by Section 2 of the State Revenue Sharing
12 Act, shall constitute an irrevocable and continuing
13 appropriation of all amounts as provided in this Section. The
14 State Treasurer and State Comptroller are hereby authorized to
15 make distributions as provided in this Section.
16 (Source: P.A. 104-6, eff. 6-16-25.)
17 (30 ILCS 105/6z-20) (from Ch. 127, par. 142z-20)
18 Sec. 6z-20. County and Mass Transit District Fund. Of the
19 money received from the 6.25% general rate (and, beginning
20 July 1, 2000 and through December 31, 2000, the 1.25% rate on
21 motor fuel and gasohol, and beginning on August 6, 2010
22 through August 15, 2010, and beginning again on August 5, 2022
23 through August 14, 2022, the 1.25% rate on sales tax holiday
24 items) on sales subject to taxation under the Retailers'
25 Occupation Tax Act and Service Occupation Tax Act and paid
SB2111 Enrolled - 674 - LRB104 09876 LNS 19944 b
1 into the County and Mass Transit District Fund, distribution
2 to the Northern Illinois Transit Regional Transportation
3 Authority tax fund, created pursuant to Section 4.03 of the
4 Northern Illinois Transit Regional Transportation Authority
5 Act, for deposit therein shall be made based upon the retail
6 sales occurring in a county having more than 3,000,000
7 inhabitants. The remainder shall be distributed to each county
8 having 3,000,000 or fewer inhabitants based upon the retail
9 sales occurring in each such county.
10 For the purpose of determining allocation to the local
11 government unit, a retail sale by a producer of coal or other
12 mineral mined in Illinois is a sale at retail at the place
13 where the coal or other mineral mined in Illinois is extracted
14 from the earth. This paragraph does not apply to coal or other
15 mineral when it is delivered or shipped by the seller to the
16 purchaser at a point outside Illinois so that the sale is
17 exempt under the United States Constitution as a sale in
18 interstate or foreign commerce.
19 Of the money received from the 6.25% general use tax rate
20 on tangible personal property which is purchased outside
21 Illinois at retail from a retailer and which is titled or
22 registered by any agency of this State's government and paid
23 into the County and Mass Transit District Fund, the amount for
24 which Illinois addresses for titling or registration purposes
25 are given as being in each county having more than 3,000,000
26 inhabitants shall be distributed into the Northern Illinois
SB2111 Enrolled - 675 - LRB104 09876 LNS 19944 b
1 Transit Regional Transportation Authority tax fund, created
2 pursuant to Section 4.03 of the Northern Illinois Transit
3 Regional Transportation Authority Act. The remainder of the
4 money paid from such sales shall be distributed to each county
5 based on sales for which Illinois addresses for titling or
6 registration purposes are given as being located in the
7 county. Any money paid into the Northern Illinois Transit
8 Regional Transportation Authority Occupation and Use Tax
9 Replacement Fund from the County and Mass Transit District
10 Fund prior to January 14, 1991, which has not been paid to the
11 Authority prior to that date, shall be transferred to the
12 Northern Illinois Transit Regional Transportation Authority
13 tax fund.
14 Whenever the Department determines that a refund of money
15 paid into the County and Mass Transit District Fund should be
16 made to a claimant instead of issuing a credit memorandum, the
17 Department shall notify the State Comptroller, who shall cause
18 the order to be drawn for the amount specified, and to the
19 person named, in such notification from the Department. Such
20 refund shall be paid by the State Treasurer out of the County
21 and Mass Transit District Fund.
22 As soon as possible after the first day of each month,
23 beginning January 1, 2011, upon certification of the
24 Department of Revenue, the Comptroller shall order
25 transferred, and the Treasurer shall transfer, to the STAR
26 Bonds Revenue Fund the local sales tax increment, as defined
SB2111 Enrolled - 676 - LRB104 09876 LNS 19944 b
1 in the Innovation Development and Economy Act, collected
2 during the second preceding calendar month for sales within a
3 STAR bond district and deposited into the County and Mass
4 Transit District Fund, less 3% of that amount, which shall be
5 transferred into the Tax Compliance and Administration Fund
6 and shall be used by the Department, subject to appropriation,
7 to cover the costs of the Department in administering the
8 Innovation Development and Economy Act.
9 After the monthly transfer to the STAR Bonds Revenue Fund,
10 on or before the 25th day of each calendar month, the
11 Department shall prepare and certify to the Comptroller the
12 disbursement of stated sums of money to the Northern Illinois
13 Transit Regional Transportation Authority and to named
14 counties, the counties to be those entitled to distribution,
15 as hereinabove provided, of taxes or penalties paid to the
16 Department during the second preceding calendar month. The
17 amount to be paid to the Northern Illinois Transit Regional
18 Transportation Authority and each county having 3,000,000 or
19 fewer inhabitants shall be the amount (not including credit
20 memoranda) collected during the second preceding calendar
21 month by the Department and paid into the County and Mass
22 Transit District Fund, plus an amount the Department
23 determines is necessary to offset any amounts which were
24 erroneously paid to a different taxing body, and not including
25 an amount equal to the amount of refunds made during the second
26 preceding calendar month by the Department, and not including
SB2111 Enrolled - 677 - LRB104 09876 LNS 19944 b
1 any amount which the Department determines is necessary to
2 offset any amounts which were payable to a different taxing
3 body but were erroneously paid to the Northern Illinois
4 Transit Regional Transportation Authority or county, and not
5 including any amounts that are transferred to the STAR Bonds
6 Revenue Fund, less 1.5% of the amount to be paid to the
7 Northern Illinois Transit Regional Transportation Authority,
8 which shall be transferred into the Tax Compliance and
9 Administration Fund. The Department, at the time of each
10 monthly disbursement to the Northern Illinois Transit Regional
11 Transportation Authority, shall prepare and certify to the
12 State Comptroller the amount to be transferred into the Tax
13 Compliance and Administration Fund under this Section. Within
14 10 days after receipt, by the Comptroller, of the disbursement
15 certification to the Northern Illinois Transit Regional
16 Transportation Authority, counties, and the Tax Compliance and
17 Administration Fund provided for in this Section to be given
18 to the Comptroller by the Department, the Comptroller shall
19 cause the orders to be drawn for the respective amounts in
20 accordance with the directions contained in such
21 certification.
22 When certifying the amount of a monthly disbursement to
23 the Northern Illinois Transit Regional Transportation
24 Authority or to a county under this Section, the Department
25 shall increase or decrease that amount by an amount necessary
26 to offset any misallocation of previous disbursements. The
SB2111 Enrolled - 678 - LRB104 09876 LNS 19944 b
1 offset amount shall be the amount erroneously disbursed within
2 the 6 months preceding the time a misallocation is discovered.
3 The provisions directing the distributions from the
4 special fund in the State treasury Treasury provided for in
5 this Section and from the Northern Illinois Transit Regional
6 Transportation Authority tax fund created by Section 4.03 of
7 the Northern Illinois Transit Regional Transportation
8 Authority Act shall constitute an irrevocable and continuing
9 appropriation of all amounts as provided herein. The State
10 Treasurer and State Comptroller are hereby authorized to make
11 distributions as provided in this Section.
12 In construing any development, redevelopment, annexation,
13 preannexation or other lawful agreement in effect prior to
14 September 1, 1990, which describes or refers to receipts from
15 a county or municipal retailers' occupation tax, use tax or
16 service occupation tax which now cannot be imposed, such
17 description or reference shall be deemed to include the
18 replacement revenue for such abolished taxes, distributed from
19 the County and Mass Transit District Fund or Local Government
20 Distributive Fund, as the case may be.
21 (Source: P.A. 102-700, eff. 4-19-22.)
22 (30 ILCS 105/6z-109)
23 Sec. 6z-109. Northern Illinois Transit Regional
24 Transportation Authority Capital Improvement Fund.
25 (a) The Northern Illinois Transit Regional Transportation
SB2111 Enrolled - 679 - LRB104 09876 LNS 19944 b
1 Authority Capital Improvement Fund is created as a special
2 fund in the State treasury and shall receive a portion of the
3 moneys deposited into the Transportation Renewal Fund from
4 Motor Fuel Tax revenues pursuant to Section 8b of the Motor
5 Fuel Tax Law.
6 (b) Money in the Northern Illinois Transit Regional
7 Transportation Authority Capital Improvement Fund shall be
8 used exclusively for transportation-related purposes as
9 described in Section 11 of Article IX of the Illinois
10 Constitution of 1970.
11 (Source: P.A. 101-30, eff. 6-28-19.)
12 (30 ILCS 105/8.3)
13 Sec. 8.3. Money in the Road Fund shall, if and when the
14 State of Illinois incurs any bonded indebtedness for the
15 construction of permanent highways, be set aside and used for
16 the purpose of paying and discharging annually the principal
17 and interest on that bonded indebtedness then due and payable,
18 and for no other purpose. The surplus, if any, in the Road Fund
19 after the payment of principal and interest on that bonded
20 indebtedness then annually due shall be used as follows:
21 first -- to pay the cost of administration of Chapters
22 2 through 10 of the Illinois Vehicle Code, except the cost
23 of administration of Articles I and II of Chapter 3 of that
24 Code, and to pay the costs of the Executive Ethics
25 Commission for oversight and administration of the Chief
SB2111 Enrolled - 680 - LRB104 09876 LNS 19944 b
1 Procurement Officer appointed under paragraph (2) of
2 subsection (a) of Section 10-20 of the Illinois
3 Procurement Code for transportation; and
4 secondly -- for expenses of the Department of
5 Transportation for construction, reconstruction,
6 improvement, repair, maintenance, operation, and
7 administration of highways in accordance with the
8 provisions of laws relating thereto, or for any purpose
9 related or incident to and connected therewith, including
10 the separation of grades of those highways with railroads
11 and with highways and including the payment of awards made
12 by the Illinois Workers' Compensation Commission under the
13 terms of the Workers' Compensation Act or Workers'
14 Occupational Diseases Act for injury or death of an
15 employee of the Division of Highways in the Department of
16 Transportation; or for the acquisition of land and the
17 erection of buildings for highway purposes, including the
18 acquisition of highway right-of-way or for investigations
19 to determine the reasonably anticipated future highway
20 needs; or for making of surveys, plans, specifications and
21 estimates for and in the construction and maintenance of
22 flight strips and of highways necessary to provide access
23 to military and naval reservations, to defense industries
24 and defense-industry sites, and to the sources of raw
25 materials and for replacing existing highways and highway
26 connections shut off from general public use at military
SB2111 Enrolled - 681 - LRB104 09876 LNS 19944 b
1 and naval reservations and defense-industry sites, or for
2 the purchase of right-of-way, except that the State shall
3 be reimbursed in full for any expense incurred in building
4 the flight strips; or for the operating and maintaining of
5 highway garages; or for patrolling and policing the public
6 highways and conserving the peace; or for the operating
7 expenses of the Department relating to the administration
8 of public transportation programs; or, during fiscal year
9 2024, for the purposes of a grant not to exceed $9,108,400
10 to the Northern Illinois Transit Regional Transportation
11 Authority on behalf of PACE for the purpose of
12 ADA/Para-transit expenses; or, during fiscal year 2025,
13 for the purposes of a grant not to exceed $10,020,000 to
14 the Northern Illinois Transit Regional Transportation
15 Authority on behalf of PACE for the purpose of
16 ADA/Para-transit expenses; or for any of those purposes or
17 any other purpose that may be provided by law.
18 Appropriations for any of those purposes are payable from
19 the Road Fund. Appropriations may also be made from the Road
20 Fund for the administrative expenses of any State agency that
21 are related to motor vehicles or arise from the use of motor
22 vehicles.
23 Beginning with fiscal year 1980 and thereafter, no Road
24 Fund monies shall be appropriated to the following Departments
25 or agencies of State government for administration, grants, or
26 operations; but this limitation is not a restriction upon
SB2111 Enrolled - 682 - LRB104 09876 LNS 19944 b
1 appropriating for those purposes any Road Fund monies that are
2 eligible for federal reimbursement:
3 1. Department of Public Health;
4 2. Department of Transportation, only with respect to
5 subsidies for one-half fare Student Transportation and
6 Reduced Fare for Elderly, except fiscal year 2024 when no
7 more than $19,063,500 may be expended and except fiscal
8 year 2025 when no more than $20,969,900 may be expended;
9 3. Department of Central Management Services, except
10 for expenditures incurred for group insurance premiums of
11 appropriate personnel;
12 4. Judicial Systems and Agencies.
13 Beginning with fiscal year 1981 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 for expenditures with
20 respect to the Division of Patrol and Division of Criminal
21 Investigation;
22 2. Department of Transportation, only with respect to
23 Intercity Rail Subsidies, except fiscal year 2024 when no
24 more than $60,000,000 may be expended and except fiscal
25 year 2025 when no more than $67,000,000 may be expended,
26 and Rail Freight Services.
SB2111 Enrolled - 683 - LRB104 09876 LNS 19944 b
1 Beginning with fiscal year 1982 and thereafter, no Road
2 Fund monies shall be appropriated to the following Departments
3 or agencies of State government for administration, grants, or
4 operations; but this limitation is not a restriction upon
5 appropriating for those purposes any Road Fund monies that are
6 eligible for federal reimbursement: Department of Central
7 Management Services, except for awards made by the Illinois
8 Workers' Compensation Commission under the terms of the
9 Workers' Compensation Act or Workers' Occupational Diseases
10 Act for injury or death of an employee of the Division of
11 Highways in the Department of Transportation.
12 Beginning with fiscal year 1984 and thereafter, no Road
13 Fund monies shall be appropriated to the following Departments
14 or agencies of State government for administration, grants, or
15 operations; but this limitation is not a restriction upon
16 appropriating for those purposes any Road Fund monies that are
17 eligible for federal reimbursement:
18 1. Illinois State Police, except not more than 40% of
19 the funds appropriated for the Division of Patrol and
20 Division of Criminal Investigation;
21 2. State Officers.
22 Beginning with fiscal year 1984 and thereafter, no Road
23 Fund monies shall be appropriated to any Department or agency
24 of State government for administration, grants, or operations
25 except as provided hereafter; but this limitation is not a
26 restriction upon appropriating for those purposes any Road
SB2111 Enrolled - 684 - LRB104 09876 LNS 19944 b
1 Fund monies that are eligible for federal reimbursement. It
2 shall not be lawful to circumvent the above appropriation
3 limitations by governmental reorganization or other methods.
4 Appropriations shall be made from the Road Fund only in
5 accordance with the provisions of this Section.
6 Money in the Road Fund shall, if and when the State of
7 Illinois incurs any bonded indebtedness for the construction
8 of permanent highways, be set aside and used for the purpose of
9 paying and discharging during each fiscal year the principal
10 and interest on that bonded indebtedness as it becomes due and
11 payable as provided in the General Obligation Bond Act, and
12 for no other purpose. The surplus, if any, in the Road Fund
13 after the payment of principal and interest on that bonded
14 indebtedness then annually due shall be used as follows:
15 first -- to pay the cost of administration of Chapters
16 2 through 10 of the Illinois Vehicle Code; and
17 secondly -- no Road Fund monies derived from fees,
18 excises, or license taxes relating to registration,
19 operation and use of vehicles on public highways or to
20 fuels used for the propulsion of those vehicles, shall be
21 appropriated or expended other than for costs of
22 administering the laws imposing those fees, excises, and
23 license taxes, statutory refunds and adjustments allowed
24 thereunder, administrative costs of the Department of
25 Transportation, including, but not limited to, the
26 operating expenses of the Department relating to the
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1 administration of public transportation programs, payment
2 of debts and liabilities incurred in construction and
3 reconstruction of public highways and bridges, acquisition
4 of rights-of-way for and the cost of construction,
5 reconstruction, maintenance, repair, and operation of
6 public highways and bridges under the direction and
7 supervision of the State, political subdivision, or
8 municipality collecting those monies, or during fiscal
9 year 2024 for the purposes of a grant not to exceed
10 $9,108,400 to the Northern Illinois Transit Regional
11 Transportation Authority on behalf of PACE for the purpose
12 of ADA/Para-transit expenses, or during fiscal year 2025
13 for the purposes of a grant not to exceed $10,020,000 to
14 the Northern Illinois Transit Regional Transportation
15 Authority on behalf of PACE for the purpose of
16 ADA/Para-transit expenses, and the costs for patrolling
17 and policing the public highways (by the State, political
18 subdivision, or municipality collecting that money) for
19 enforcement of traffic laws. The separation of grades of
20 such highways with railroads and costs associated with
21 protection of at-grade highway and railroad crossing shall
22 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
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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
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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
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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 Fund, subject to appropriation, to be used for purposes
6 consistent with Section 11 of Article IX of the Illinois
7 Constitution.
8 Notwithstanding any provision of law to the contrary,
9 beginning in Fiscal Year 2027, any interest earned on monies
10 in the Road Fund and the State Construction Account Fund shall
11 be dedicated to public transportation construction
12 improvements or debt service. Of the interest earned on moneys
13 in the Road Fund and the State Construction Account Fund on or
14 after July 1, 2026, 90% shall be deposited into the Northern
15 Illinois Transit Capital Improvement Fund to be used by the
16 Northern Illinois Transit Authority for construction
17 improvements and 10% shall be deposited into the Downstate
18 Mass Transportation Capital Improvement Fund to be used by
19 participants in the Downstate Public Transportation Fund,
20 other than the Northern Illinois Transit Authority, for
21 construction improvements. There shall be a transfer of
22 $5,000,000 from the Downstate Transit Improvement Fund to an
23 airport operated under the University of Illinois Airport Act.
24 Beginning in Fiscal Year 2027, the Department shall issue a
25 semi-annual call for projects for this program.
26 It shall not be lawful to circumvent this limitation on
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1 appropriations by governmental reorganization or other
2 methods.
3 No new program may be initiated in fiscal year 1991 and
4 thereafter that is not consistent with the limitations imposed
5 by this Section for fiscal year 1984 and thereafter, insofar
6 as appropriation of Road Fund monies is concerned.
7 Nothing in this Section prohibits transfers from the Road
8 Fund to the State Construction Account Fund under Section 5e
9 of this Act; nor to the General Revenue Fund, as authorized by
10 Public Act 93-25.
11 The additional amounts authorized for expenditure in this
12 Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
13 shall be repaid to the Road Fund from the General Revenue Fund
14 in the next succeeding fiscal year that the General Revenue
15 Fund has a positive budgetary balance, as determined by
16 generally accepted accounting principles applicable to
17 government.
18 The additional amounts authorized for expenditure by the
19 Secretary of State and the Department of State Police in this
20 Section by Public Act 94-91 shall be repaid to the Road Fund
21 from the General Revenue Fund in the next succeeding fiscal
22 year that the General Revenue Fund has a positive budgetary
23 balance, as determined by generally accepted accounting
24 principles applicable to government.
25 (Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;
26 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 103-8, eff.
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1 6-7-23; 103-34, eff. 1-1-24; 103-588, eff. 6-5-24; 103-605,
2 eff. 7-1-24; 103-616, eff. 7-1-24; revised 8-5-24.)
3 (30 ILCS 105/8.25g)
4 Sec. 8.25g. The Civic and Transit Infrastructure Fund. The
5 Civic and Transit Infrastructure Fund is created as a special
6 fund in the State treasury Treasury. Money in the Civic and
7 Transit Infrastructure Fund shall, when the State of Illinois
8 incurs infrastructure indebtedness pursuant to the
9 public-private partnership entered into by the public agency
10 on behalf of the State of Illinois with private entity
11 pursuant to the Public-Private Partnership for Civic and
12 Transit Infrastructure Project Act, be used for the purpose of
13 paying and discharging monthly the principal and interest on
14 that infrastructure indebtedness then due and payable
15 consistent with the term established in the public-private
16 agreement entered into by the public agency on behalf of the
17 State of Illinois. The public agency shall, pursuant to its
18 authority under the Public-Private Partnership for Civic and
19 Transit Infrastructure Project Act, annually certify to the
20 State Comptroller and the State Treasurer the amount necessary
21 and required, during the fiscal year with respect to which the
22 certification is made, to pay the amounts due under the
23 Public-Private Partnership for Civic and Transit
24 Infrastructure Project Act. On or before the last day of each
25 month, the State Comptroller and State Treasurer shall
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1 transfer the moneys required to be deposited into the Fund
2 under Section 3 of the Retailers' Occupation Tax Act and the
3 Public-Private Partnership for Civic and Transit
4 Infrastructure Project Act and shall pay from that Fund the
5 required amount certified by the public agency, plus any
6 cumulative deficiency in such transfers and payments for prior
7 months, to the public agency for distribution pursuant to the
8 Public-Private Partnership for Civic and Transit
9 Infrastructure Project Act. Such transferred amount shall be
10 sufficient to pay all amounts due under the Public-Private
11 Partnership for Civic and Transit Infrastructure Project Act.
12 Provided that all amounts deposited in the Fund have been paid
13 accordingly under the Public-Private Partnership for Civic and
14 Transit Infrastructure Project Act, all amounts remaining in
15 the Civic and Transit Infrastructure Fund shall be held in
16 that Fund for other subsequent payments required under the
17 Public-Private Partnership for Civic and Transit
18 Infrastructure Project Act. In the event the State fails to
19 pay the amount necessary and required under the Public-Private
20 Partnership for Civic and Transit Infrastructure Project Act
21 for any reason during the fiscal year with respect to which the
22 certification is made or if the State takes any steps that
23 result in an impact to the irrevocable, first priority pledge
24 of and lien on moneys on deposit in the Civic and Transit
25 Infrastructure Fund, the public agency shall certify such
26 delinquent amounts to the State Comptroller and the State
SB2111 Enrolled - 692 - LRB104 09876 LNS 19944 b
1 Treasurer and the State Comptroller and the State Treasurer
2 shall take all steps required to intercept the tax revenues
3 collected from within the boundary of the civic transit
4 infrastructure project pursuant to Section 3 of the Retailers'
5 Occupation Tax Act, Section 9 of the Use Tax Act, Section 9 of
6 the Service Use Tax Act, Section 9 of the Service Occupation
7 Tax Act, Section 4.03 of the Northern Illinois Transit
8 Regional Transportation Authority Act, and Section 6 of the
9 Hotel Operators' Occupation Tax Act, and shall pay such
10 amounts to the Fund for distribution by the public agency for
11 the time period required to ensure that the State's
12 distribution requirements under the Public-Private Partnership
13 for Civic and Transit Infrastructure Project Act are fully
14 met.
15 As used in the Section, "private entity", "public-private
16 agreement", and "public agency" have meanings provided in
17 Section 25-10 of the Public-Private Partnership for Civic and
18 Transit Infrastructure Project Act.
19 (Source: P.A. 101-10, eff. 6-5-19; 102-558, eff. 8-20-21.)
20 Section 15-60. The State Officers and Employees Money
21 Disposition Act is amended by changing Section 2a as follows:
22 (30 ILCS 230/2a) (from Ch. 127, par. 172)
23 Sec. 2a. Every officer, board, commission, commissioner,
24 department, institute, arm, or agency to whom or to which this
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1 Act applies is to notify the State Treasurer as to money paid
2 to him, her, or it under protest as provided in Section 2a.1,
3 and the Treasurer is to place the money in a special fund to be
4 known as the protest fund. At the expiration of 30 days from
5 the date of payment, the money is to be transferred from the
6 protest fund to the appropriate fund in which it would have
7 been placed had there been payment without protest unless the
8 party making that payment under protest has filed a complaint
9 and secured within that 30 days a temporary restraining order
10 or a preliminary injunction, restraining the making of that
11 transfer and unless, in addition, within that 30 days, a copy
12 of the temporary restraining order or preliminary injunction
13 has been served upon the State Treasurer and also upon the
14 officer, board, commission, commissioner, department,
15 institute, arm, or agency to whom or to which the payment under
16 protest was made, in which case the payment and such other
17 payments as are subsequently made under notice of protest, as
18 provided in Section 2a.1, by the same person, the transfer of
19 which payments is restrained by such temporary restraining
20 order or preliminary injunction, are to be held in the protest
21 fund until the final order or judgment of the court. The
22 judicial remedy herein provided, however, relates only to
23 questions which must be decided by the court in determining
24 the proper disposition of the moneys paid under protest. Any
25 authorized payment from the protest fund shall bear simple
26 interest at a rate equal to the average of the weekly rates at
SB2111 Enrolled - 694 - LRB104 09876 LNS 19944 b
1 issuance on 13-week U.S. Treasury Bills from the date of
2 deposit into the protest fund to the date of disbursement from
3 the protest fund. In cases involving temporary restraining
4 orders or preliminary injunctions entered March 10, 1982, or
5 thereafter, pursuant to this Section, when the party paying
6 under protest fails in the protest action the State Treasurer
7 shall determine if any moneys paid under protest were paid as a
8 result of assessments under the following provisions: the
9 Municipal Retailers' Occupation Tax Act, the Municipal Service
10 Occupation Tax Act, the Municipal Use Tax Act, the Municipal
11 Automobile Renting Occupation Tax Act, the Municipal
12 Automobile Renting Use Tax Act, Section 8-11-9 of the Illinois
13 Municipal Code, the Tourism, Conventions and Other Special
14 Events Promotion Act of 1967, the County Automobile Renting
15 Occupation Tax Act, the County Automobile Renting Use Tax Act,
16 Section 5-1034 of the Counties Code, Section 5.01 of the Local
17 Mass Transit District Act, the Downstate Public Transportation
18 Act, Section 4.03 of the Northern Illinois Transit Regional
19 Transportation Authority Act, subsections (c) and (d) of
20 Section 201 of the Illinois Income Tax Act, Section 2a.1 of the
21 Messages Tax Act, Section 2a.1 of the Gas Revenue Tax Act,
22 Section 2a.1 of the Public Utilities Revenue Act, and the
23 Water Company Invested Capital Tax Act. Any such moneys paid
24 under protest shall bear simple interest at a rate equal to the
25 average of the weekly rates at issuance on 13-week U.S.
26 Treasury Bills from the date of deposit into the protest fund
SB2111 Enrolled - 695 - LRB104 09876 LNS 19944 b
1 to the date of disbursement from the protest fund.
2 It is unlawful for the Clerk of a court, a bank or any
3 person other than the State Treasurer to be appointed as
4 trustee with respect to any purported payment under protest,
5 or otherwise to be authorized by a court to hold any purported
6 payment under protest, during the pendency of the litigation
7 involving such purported payment under protest, it being the
8 expressed intention of the General Assembly that no one is to
9 act as custodian of any such purported payment under protest
10 except the State Treasurer.
11 No payment under protest within the meaning of this Act
12 has been made unless paid to an officer, board, commission,
13 commissioner, department, institute, arm or agency brought
14 within this Act by Section 1 and unless made in the form
15 specified by Section 2a.1. No payment into court or to a
16 circuit clerk or other court-appointed trustee is a payment
17 under protest within the meaning of this Act.
18 (Source: P.A. 87-950.)
19 Section 15-65. The Downstate Public Transportation Act is
20 amended by changing Sections 2-2.02, 2-7, 2-15, 3-1.02, and
21 4-1.7 as follows:
22 (30 ILCS 740/2-2.02) (from Ch. 111 2/3, par. 662.02)
23 Sec. 2-2.02. "Participant" means:
24 (1) a city, village, or incorporated town, a county, or a
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1 local mass transit district organized under the Local Mass
2 Transit District Act (a) serving an urbanized area of over
3 50,000 population or (b) serving a nonurbanized area; or
4 (2) any Metro-East Transit District established pursuant
5 to Section 3 of the Local Mass Transit District Act and serving
6 one or more of the Counties of Madison, Monroe, and St. Clair
7 during Fiscal Year 1989, all located outside the boundaries of
8 the Northern Illinois Transit Regional Transportation
9 Authority as established pursuant to the Northern Illinois
10 Transit Regional Transportation Authority Act.
11 (Source: P.A. 94-70, eff. 6-22-05.)
12 (30 ILCS 740/2-7) (from Ch. 111 2/3, par. 667)
13 Sec. 2-7. Quarterly reports; annual audit.
14 (a) Any Metro-East Transit District participant shall, no
15 later than 60 days following the end of each quarter of any
16 fiscal year, file with the Department on forms provided by the
17 Department for that purpose, a report of the actual operating
18 deficit experienced during that quarter. The Department shall,
19 upon receipt of the quarterly report, determine whether the
20 operating deficits were incurred in conformity with the
21 program of proposed expenditures and services approved by the
22 Department pursuant to Section 2-11. Any Metro-East District
23 may either monthly or quarterly for any fiscal year file a
24 request for the participant's eligible share, as allocated in
25 accordance with Section 2-6, of the amounts transferred into
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1 the Metro-East Public Transportation Fund.
2 (b) Each participant other than any Metro-East Transit
3 District participant shall, 30 days before the end of each
4 quarter, file with the Department on forms provided by the
5 Department for such purposes a report of the projected
6 eligible operating expenses to be incurred in the next quarter
7 and 30 days before the third and fourth quarters of any fiscal
8 year a statement of actual eligible operating expenses
9 incurred in the preceding quarters. Except as otherwise
10 provided in subsection (b-5), within 45 days of receipt by the
11 Department of such quarterly report, the Comptroller shall
12 order paid and the Treasurer shall pay from the Downstate
13 Public Transportation Fund to each participant an amount equal
14 to one-third of such participant's eligible operating
15 expenses; provided, however, that in Fiscal Year 1997, the
16 amount paid to each participant from the Downstate Public
17 Transportation Fund shall be an amount equal to 47% of such
18 participant's eligible operating expenses and shall be
19 increased to 49% in Fiscal Year 1998, 51% in Fiscal Year 1999,
20 53% in Fiscal Year 2000, 55% in Fiscal Years 2001 through 2007,
21 and 65% in Fiscal Years Year 2008 through 2026, and 80% in
22 Fiscal Year 2027 and thereafter and thereafter; however, in
23 any year that a participant receives funding under subsection
24 (i) of Section 2705-305 of the Department of Transportation
25 Law (20 ILCS 2705/2705-305), that participant shall be
26 eligible only for assistance equal to the following percentage
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1 of its eligible operating expenses: 42% in Fiscal Year 1997,
2 44% in Fiscal Year 1998, 46% in Fiscal Year 1999, 48% in Fiscal
3 Year 2000, and 50% in Fiscal Year 2001 and thereafter. Any such
4 payment for the third and fourth quarters of any fiscal year
5 shall be adjusted to reflect actual eligible operating
6 expenses for preceding quarters of such fiscal year. However,
7 no participant shall receive an amount less than that which
8 was received in the immediate prior year, provided in the
9 event of a shortfall in the fund those participants receiving
10 less than their full allocation pursuant to Section 2-6 of
11 this Article shall be the first participants to receive an
12 amount not less than that received in the immediate prior
13 year.
14 (b-5) (Blank).
15 (b-10) On July 1, 2008, each participant shall receive an
16 appropriation in an amount equal to 65% of its fiscal year 2008
17 eligible operating expenses adjusted by the annual 10%
18 increase required by Section 2-2.04 of this Act. In no case
19 shall any participant receive an appropriation that is less
20 than its fiscal year 2008 appropriation. Every fiscal year
21 thereafter, each participant's appropriation shall increase by
22 10% over the appropriation established for the preceding
23 fiscal year as required by Section 2-2.04 of this Act.
24 (b-11) Beginning July 1, 2026, and every fiscal year
25 thereafter, if the participant's expenditures in the
26 immediately preceding fiscal year are equal to or greater than
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1 85% of the amounts appropriated to the participant in the
2 immediately preceding fiscal year, then the participant's
3 appropriation shall increase by an amount equal to the
4 year-over-year percentage increase in revenue deposited into
5 the Downstate Public Transportation Fund. If there was a
6 year-over-year reduction in the revenue deposited into the
7 Fund, then each participant's appropriation shall be no more
8 than the previous fiscal year's appropriation.
9 (b-15) Beginning on July 1, 2007, and for each fiscal year
10 thereafter, each participant shall maintain a minimum local
11 share contribution (from farebox and all other local revenues)
12 equal to the actual amount provided in Fiscal Year 2006 or, for
13 new recipients, an amount equivalent to the local share
14 provided in the first year of participation. The local share
15 contribution shall be reduced by an amount equal to the total
16 amount of lost revenue for services provided under Section
17 2-15.2 and Section 2-15.3 of this Act.
18 (b-20) Any participant in the Downstate Public
19 Transportation Fund may use State operating assistance funding
20 pursuant to this Section to provide transportation services
21 within any county that is contiguous to its territorial
22 boundaries as defined by the Department and subject to
23 Departmental approval. Any such contiguous-area service
24 provided by a participant after July 1, 2007 must meet the
25 requirements of subsection (a) of Section 2-5.1.
26 (c) No later than 180 days following the last day of the
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1 participant's Fiscal Year each participant shall provide the
2 Department with an audit prepared by a Certified Public
3 Accountant covering that Fiscal Year. For those participants
4 other than a Metro-East Transit District, any discrepancy
5 between the funds paid and the percentage of the eligible
6 operating expenses provided for by paragraph (b) of this
7 Section shall be reconciled by appropriate payment or credit.
8 In the case of any Metro-East Transit District, any amount of
9 payments from the Metro-East Public Transportation Fund which
10 exceed the eligible deficit of the participant shall be
11 reconciled by appropriate payment or credit.
12 (d) Upon the Department's final reconciliation
13 determination that identifies a discrepancy between the
14 Downstate Operating Assistance Program funds paid and the
15 percentage of the eligible operating expenses which results in
16 a reimbursement payment due to the Department, the participant
17 shall remit the reimbursement payment to the Department no
18 later than 90 days after written notification.
19 (e) Funds received by the Department from participants for
20 reimbursement as a result of an overpayment from a prior State
21 fiscal year shall be deposited into the Downstate Public
22 Transportation Fund in the fiscal year in which they are
23 received and all unspent funds shall roll to following fiscal
24 years.
25 (f) Upon the Department's final reconciliation
26 determination that identifies a discrepancy between the
SB2111 Enrolled - 701 - LRB104 09876 LNS 19944 b
1 Downstate Operating Assistance Program funds paid and the
2 percentage of the eligible operating expenses which results in
3 a reimbursement payment due to the participant, the Department
4 shall remit the reimbursement payment to the participant no
5 later than 90 days after written notifications.
6 (Source: P.A. 102-626, eff. 8-27-21; 102-790, eff. 1-1-23;
7 103-154, eff. 6-30-23.)
8 (30 ILCS 740/2-15) (from Ch. 111 2/3, par. 675.1)
9 Sec. 2-15. Residual fund balance.
10 (a) Except as otherwise provided in this Section, all
11 funds which remain in the Downstate Public Transportation Fund
12 or the Metro-East Public Transportation Fund after the payment
13 of the fourth quarterly payment to participants other than
14 Metro-East Transit District participants and the last monthly
15 payment to Metro-East Transit participants in each fiscal year
16 shall be transferred (i) to the General Revenue Fund through
17 fiscal year 2008 and (ii) to the Downstate Transit Improvement
18 Fund for fiscal year 2009 and each fiscal year thereafter.
19 Transfers shall be made no later than 90 days following the end
20 of such fiscal year. Beginning fiscal year 2010, all moneys
21 each year in the Downstate Transit Improvement Fund, held
22 solely for the benefit of the participants in the Downstate
23 Public Transportation Fund and shall be appropriated to the
24 Department to make competitive capital grants to the
25 participants of the respective funds, except that a portion of
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1 the total residual fund balance remaining in the Downstate
2 Transit Improvement Fund after the completion of Fiscal Year
3 2026 and every year thereafter may be used by the Department
4 for intercity rail capital projects for connectivity between
5 downstate communities and Chicago, including routes to new
6 destinations. Beginning in Fiscal Year 2026, the Department of
7 Transportation may issue an annual notice of funding
8 opportunity for intercity rail capital projects that may
9 include, but are not limited to, station upgrades, grade
10 separations, and planning studies for new destinations. The
11 amount used from this fund for intercity rail capital projects
12 may not exceed $342,000,000. However, such amount as the
13 Department determines to be necessary for (1) allocation to
14 participants for the purposes of Section 2-7 for the first
15 quarter of the succeeding fiscal year and (2) an amount equal
16 to 2% of the total allocations to participants in the fiscal
17 year just ended to be used for the purpose of audit adjustments
18 shall be retained in such Funds to be used by the Department
19 for such purposes. Notwithstanding any other provision of law,
20 for Fiscal Year 2027, the sum of $3,750,000, or so much of that
21 amount as may be necessary, may be appropriated from the
22 Downstate Transit Improvement Fund to the Department of
23 Transportation to make a grant to the Springfield Airport
24 Authority for the purpose of supporting daily commercial air
25 service between Springfield and Chicago O'Hare International
26 Airport in order to facilitate State operations in the Capital
SB2111 Enrolled - 703 - LRB104 09876 LNS 19944 b
1 City.
2 (b) Notwithstanding any other provision of law, in
3 addition to any other transfers that may be provided by law, on
4 July 1, 2011, or as soon thereafter as practical, the State
5 Comptroller shall direct and the State Treasurer shall
6 transfer the remaining balance from the Metro East Public
7 Transportation Fund into the General Revenue Fund. Upon
8 completion of the transfers, the Metro East Public
9 Transportation Fund is dissolved, and any future deposits due
10 to that Fund and any outstanding obligations or liabilities of
11 that Fund pass to the General Revenue Fund.
12 (c) If necessary, the Department of Transportation may
13 notify the Comptroller of a projected deficit in the Downstate
14 Public Transportation Fund of the amount needed to cover the
15 required statutory reimbursement of eligible operating
16 expenses to participants in the Downstate Public
17 Transportation Fund. If the Comptroller is notified of a
18 projected deficit, then the Comptroller shall order
19 transferred and the Treasurer shall transfer from the
20 Downstate Transit Improvement Fund the amount necessary to
21 remedy the projected deficit in the Downstate Public
22 Transportation Fund.
23 (Source: P.A. 97-72, eff. 7-1-11.)
24 (30 ILCS 740/3-1.02) (from Ch. 111 2/3, par. 683)
25 Sec. 3-1.02. "Participant" means any county located
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1 outside the boundaries of the Northern Illinois Transit
2 Regional Transportation Authority as established under the
3 Northern Illinois Transit Regional Transportation Authority
4 Act and outside the Bi-State Metropolitan Development District
5 established under an Act approved July 26, 1949, except that
6 beginning, July 1, 1987 the counties within the boundaries of
7 the Bi-State Metropolitan Development District may be eligible
8 for capital assistance only, or within such county any
9 municipality with 20,000 or more population that is not
10 included in an urbanized area or the boundaries of a local mass
11 transit district; or within such county any municipality with
12 20,000 or less population receiving State mass transportation
13 operating assistance under the Downstate Public Transportation
14 Act during Fiscal Year 1979; or within such county or counties
15 a local mass transit district organized under the local Mass
16 Transit District Act which is not included in an urbanized
17 area or the boundaries of a local mass transit district which
18 includes an urbanized area; provided, however, that no such
19 entity shall be eligible to participate unless it agrees to
20 adhere to the regulations and requirements of the Secretary of
21 Transportation of the federal Department of Transportation
22 affecting Section 18 assistance or any other conditions as
23 deemed reasonable and necessary by the Illinois Department of
24 Transportation.
25 (Source: P.A. 87-1235.)
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1 (30 ILCS 740/4-1.7) (from Ch. 111 2/3, par. 699.7)
2 Sec. 4-1.7. "Participant" means (1) a city, village or
3 incorporated town, or a local mass transit district organized
4 under the Local Mass Transit District Act, that is named as a
5 designated recipient by the Governor, or is eligible to
6 receive federal UMTA Section 9 funds, or (2) the recipient
7 designated by the Governor within the Bi-State Metropolitan
8 Development District; provided that such entity is all located
9 outside the boundaries of the Northern Illinois Transit
10 Regional Transportation Authority as established pursuant to
11 the Northern Illinois Transit Regional Transportation
12 Authority Act, as amended, and has formally requested to
13 participate in the program defined in this Article. However,
14 no such entity shall be eligible to participate unless it
15 agrees to adhere to the regulations and requirements of the
16 Secretary of Transportation of the federal Department of
17 Transportation affecting UMTA Section 9 assistance or any
18 other conditions that are deemed reasonable and necessary by
19 the Illinois Department of Transportation.
20 (Source: P.A. 86-16.)
21 Section 15-70. The State Mandates Act is amended by
22 changing Section 8.47 as follows:
23 (30 ILCS 805/8.47)
24 Sec. 8.47. Exempt mandate.
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1 (a) Notwithstanding Sections 6 and 8 of this Act, no
2 reimbursement by the State is required for the implementation
3 of any mandate created by Public Act 103-2, 103-110, 103-409,
4 103-455, 103-529, 103-552, 103-553, 103-579, or 103-582.
5 (b) Notwithstanding Sections 6 and 8 of this Act, no
6 reimbursement by the State is required for the implementation
7 of any mandate created by the Decennial Committees on Local
8 Government Efficiency Act.
9 (c) Notwithstanding Sections 6 and 8 of this Act, no
10 reimbursement by the State is required for the implementation
11 of the mandate created by Section 2.10a of the Northern
12 Illinois Transit Regional Transportation Authority Act in
13 Public Act 103-281.
14 (Source: P.A. 102-1136, eff. 2-10-23; 103-2, eff. 5-10-23;
15 103-110, eff. 6-29-23; 103-281, eff. 1-1-24; 103-409, eff.
16 1-1-24; 103-455, eff. 1-1-24; 103-529, eff. 8-11-23; 103-552,
17 eff. 8-11-23; 103-553, eff. 8-11-23; 103-579, eff. 12-8-23;
18 103-582, eff. 12-8-23; 103-605, eff. 7-1-24.)
19 Section 15-90. The Use and Occupation Tax Refund Act is
20 amended by changing Section 1 as follows:
21 (35 ILCS 150/1) (from Ch. 120, par. 1501)
22 Sec. 1. Every real estate developer-builder who has paid a
23 use tax or reimbursed a retailer for any Illinois, municipal,
24 county, or Northern Illinois Transit Regional Transportation
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1 Authority retailers' occupation tax, or who, under a contract
2 with a contractor or subcontractor, has directly or indirectly
3 borne the burden of a use tax or any reimbursement for any
4 Illinois, municipal, county or Northern Illinois Transit
5 Regional Transportation Authority retailers' occupation tax
6 paid by that contractor or subcontractor to a retailer, on
7 tangible personal property purchased on or after July 1, 1977,
8 and prior to July 1, 1980, that is to be physically
9 incorporated into public improvements (such as public roads
10 and streets, public sewers or other public utility service),
11 the title to which was required by ordinance of a unit of local
12 government to be conveyed to that unit of local government or
13 was so conveyed by operation of law, may, prior to July 1,
14 1982, file a claim for credit or refund directly with the
15 Department of Revenue to recover the amount of such use tax
16 payment or reimbursement for any Illinois, municipal, county
17 or Northern Illinois Transit Regional Transportation Authority
18 retailers' occupation tax. Such claim shall be accompanied by
19 a notarized affidavit from the retailer and subcontractor, if
20 applicable, from whom such tangible personal property was
21 purchased stating that the retailer collected the use tax or
22 was reimbursed for Illinois, municipal, county, or Northern
23 Illinois Transit Regional Transportation Authority retailers'
24 occupation tax, that an amount equal to all such taxes was
25 properly remitted to the Department and that the retailer has
26 not filed a claim for credit or refund based upon the
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1 transaction which is the subject of the claim and will not
2 thereafter file any claim based upon that same transaction.
3 This refund or credit shall be made only to the real estate
4 developer-builder or assignee that has been required to
5 physically incorporate the public improvements by a unit of
6 local government. Proof of such requirement shall be a
7 certified letter from the unit of local government stating
8 that the improvements were required by that unit of local
9 government.
10 The Department shall prescribe the forms for the claim and
11 certification and shall establish the necessary procedures for
12 processing such claims.
13 (Source: P.A. 82-248.)
14 Section 15-95. The Property Tax Code is amended by
15 changing Section 15-100 as follows:
16 (35 ILCS 200/15-100)
17 Sec. 15-100. Public transportation systems.
18 (a) All property belonging to any municipal corporation
19 created for the sole purpose of owning and operating a
20 transportation system for public service is exempt.
21 (b) Property owned by (i) a municipal corporation of
22 500,000 or more inhabitants, used for public transportation
23 purposes, and operated by the Chicago Transit Authority; (ii)
24 the Northern Illinois Transit Regional Transportation
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1 Authority; (iii) any service board or division of the Northern
2 Illinois Transit Regional Transportation Authority; (iv) the
3 Northeast Illinois Regional Commuter Railroad Corporation; or
4 (v) the Chicago Transit Authority shall be exempt. For
5 purposes of this Section alone, the Northern Illinois Transit
6 Regional Transportation Authority, any service board or
7 division of the Northern Illinois Transit Regional
8 Transportation Authority, the Northeast Illinois Regional
9 Commuter Railroad Corporation, the Chicago Transit Authority,
10 or a municipal corporation, as defined in item (i), shall be
11 deemed an "eligible transportation authority". The exemption
12 provided in this subsection shall not be affected by any
13 transaction in which, for the purpose of obtaining financing,
14 the eligible transportation authority, directly or indirectly,
15 leases or otherwise transfers such property to another whose
16 property is not exempt and immediately thereafter enters into
17 a leaseback or other agreement that directly or indirectly
18 gives the eligible transportation authority a right to use,
19 control, and possess the property. In the case of a conveyance
20 of such property, the eligible transportation authority must
21 retain an option to purchase the property at a future date or,
22 within the limitations period for reverters, the property must
23 revert back to the eligible transportation authority.
24 (c) If such property has been conveyed as described in
25 subsection (b), the property will no longer be exempt pursuant
26 to this Section as of the date when:
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1 (1) the right of the eligible transportation authority
2 to use, control, and possess the property has been
3 terminated;
4 (2) the eligible transportation authority no longer
5 has an option to purchase or otherwise acquire the
6 property; and
7 (3) there is no provision for a reverter of the
8 property to the eligible transportation authority within
9 the limitations period for reverters.
10 (d) Pursuant to Sections 15-15 and 15-20 of this Code, the
11 eligible transportation authority shall notify the chief
12 county assessment officer of any transaction under subsection
13 (b) of this Section. The chief county assessment officer shall
14 determine initial and continuing compliance with the
15 requirements of this Section for tax exemption. Failure to
16 notify the chief county assessment officer of a transaction
17 under this Section or to otherwise comply with the
18 requirements of Sections 15-15 and 15-20 of this Code shall,
19 in the discretion of the chief county assessment officer,
20 constitute cause to terminate the exemption, notwithstanding
21 any other provision of this Code.
22 (e) No provision of this Section shall be construed to
23 affect the obligation of the eligible transportation authority
24 to which an exemption certificate has been issued under this
25 Section from its obligation under Section 15-10 of this Code
26 to file an annual certificate of status or to notify the chief
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1 county assessment officer of transfers of interest or other
2 changes in the status of the property as required by this Code.
3 (f) The changes made by this amendatory Act of 1997 are
4 declarative of existing law and shall not be construed as a new
5 enactment.
6 (Source: P.A. 90-562, eff. 12-16-97.)
7 Section 15-100. The Motor Fuel Tax Law is amended by
8 changing Section 8b as follows:
9 (35 ILCS 505/8b)
10 Sec. 8b. Transportation Renewal Fund; creation;
11 distribution of proceeds.
12 (a) The Transportation Renewal Fund is hereby created as a
13 special fund in the State treasury. Moneys in the Fund shall be
14 used as provided in this Section:
15 (1) 80% of the moneys in the Fund shall be used for
16 highway maintenance, highway construction, bridge repair,
17 congestion relief, and construction of aviation
18 facilities; of that 80%:
19 (A) the State Comptroller shall order transferred
20 and the State Treasurer shall transfer 60% to the
21 State Construction Account Fund; those moneys shall be
22 used solely for construction, reconstruction,
23 improvement, repair, maintenance, operation, and
24 administration of highways and are limited to payments
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1 made pursuant to design and construction contracts
2 awarded by the Department of Transportation;
3 (B) 40% shall be distributed by the Department of
4 Transportation to municipalities, counties, and road
5 districts of the State using the percentages set forth
6 in subdivisions (A), (B), (C), and (D) of paragraph
7 (2) of subsection (e) of Section 8; distributions to
8 particular municipalities, counties, and road
9 districts under this subdivision (B) shall be made
10 according to the allocation procedures described for
11 municipalities, counties, and road districts in
12 subsection (e) of Section 8 and shall be subject to the
13 same requirements and limitations described in that
14 subsection; and
15 (2) 20% of the moneys in the Fund shall be used for
16 projects related to rail facilities and mass transit
17 facilities, as defined in Section 2705-305 of the
18 Department of Transportation Law of the Civil
19 Administrative Code of Illinois, including rapid transit,
20 rail, high-speed rail, bus and other equipment in
21 connection with the State or a unit of local government,
22 special district, municipal corporation, or other public
23 agency authorized to provide and promote public
24 transportation within the State; of that 20%:
25 (A) 90% shall be deposited into the Northern
26 Illinois Transit Regional Transportation Authority
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1 Capital Improvement Fund, a special fund created in
2 the State Treasury; moneys in the Northern Illinois
3 Transit Regional Transportation Authority Capital
4 Improvement Fund shall be used by the Northern
5 Illinois Transit Regional Transportation Authority for
6 construction, improvements, and deferred maintenance
7 on mass transit facilities and acquisition of buses
8 and other equipment; and
9 (B) 10% shall be deposited into the Downstate Mass
10 Transportation Capital Improvement Fund, a special
11 fund created in the State Treasury; moneys in the
12 Downstate Mass Transportation Capital Improvement Fund
13 shall be used by local mass transit districts other
14 than the Northern Illinois Transit Regional
15 Transportation Authority for construction,
16 improvements, and deferred maintenance on mass transit
17 facilities and acquisition of buses and other
18 equipment. Beginning in Fiscal Year 2026, moneys in
19 the Downstate Mass Transportation Capital Improvement
20 Fund may be used by the Department of Transportation
21 for intercity rail capital projects for connectivity
22 between downstate communities and Chicago, including
23 routes to new destinations. The amount to be spent on
24 intercity rail capital projects from the Downstate
25 Mass Transportation Capital Improvement Fund shall be
26 no more than $134,729,538.
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1 (b) (Blank).
2 (Source: P.A. 103-866, eff. 8-9-24.)
3 Section 15-105. The Postage Stamp Vending Machine Act is
4 amended by changing Section 1 as follows:
5 (35 ILCS 815/1) (from Ch. 121 1/2, par. 911)
6 Sec. 1. Vending machines which vend only United States
7 postage stamps are exempt from license fees or any excise or
8 license tax levied by the State of Illinois or any county or
9 municipality or other taxing district thereof, but are not
10 exempt from State, county, municipal, or Northern Illinois
11 Transit Regional Transportation Authority occupation and use
12 taxes.
13 (Source: P.A. 82-985.)
14 Section 15-110. The Use Tax Act is amended by changing
15 Section 2b as follows:
16 (35 ILCS 105/2b) (from Ch. 120, par. 439.2b)
17 Sec. 2b. "Selling price" shall not include any amounts
18 added to prices by sellers on account of the seller's duty to
19 collect any tax imposed under the "Northern Illinois
20 TransitRegional Transportation Authority Act", enacted by the
21 78th General Assembly.
22 (Source: P.A. 78-3rd S.S.-12.)
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1 Section 15-120. The Governmental Tax Reform Validation Act
2 is amended by changing Section 10 as follows:
3 (35 ILCS 165/10)
4 Sec. 10. Re-enactment; findings; purpose; validation.
5 (a) The General Assembly finds and declares that:
6 (1) The amendatory provisions of this Act were first
7 enacted by Public Act 85-1135 and all related to taxation.
8 (A) Article I of Public Act 85-1135, effective
9 July 28, 1988, contained provisions stating
10 legislative intent.
11 (B) Article II of Public Act 85-1135, effective
12 January 1, 1990, contained provisions amending or
13 creating Sections 8-11-1, 8-11-1.1, 8-11-1.2,
14 8-11-1.3, 8-11-1.4, 8-11-5, 8-11-6, 8-11-6a, 8-11-16,
15 and 11-74.4-8a of the Illinois Municipal Code;
16 Sections 24a-1, 24a-2, 24a-3, 24a-4, and 25.05 of "An
17 Act to revise the law in relation to counties";
18 Section 4 of the Water Commission Act of 1985; Section
19 5.01 of the Local Mass Transit District Act; Sections
20 4.01, 4.03, 4.04, and 4.09 of the Northern Illinois
21 Transit Regional Transportation Authority Act;
22 Sections 3, 9, and 10b of the Use Tax Act; Sections 2,
23 3, 3d, 7a, 9, 10, 10b, and 15 of the Service Use Tax
24 Act; Sections 2, 3, 9, 13, 15, and 20.1 of the Service
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1 Occupation Tax Act; Sections 2, 3, 5k, and 6d of the
2 Retailers' Occupation Tax Act; and Sections 5.240,
3 5.241, 6z-16, and 6z-17 of the State Finance Act.
4 Article II of Public Act 85-1135, effective January 1,
5 1990, also contained provisions repealing Sections
6 25.05a, 25.05-2, 25.05-2a, 25.05-3, 25.05-3a,
7 25.05-10, 25.05-10a, and 25.05-10.1 of "An Act to
8 revise the law in relation to counties" and Sections
9 10 and 14 of the Service Occupation Tax Act.
10 (C) Article III of Public Act 85-1135, effective
11 September 1, 1988, contained provisions further
12 amending Sections 3 and 9 of the Use Tax Act; Sections
13 2, 3, and 9 of the Service Use Tax Act; Sections 2, 3,
14 and 9 of the Service Occupation Tax Act; and Sections 2
15 and 3 of the Retailers' Occupation Tax Act; and
16 amending Section 2 of the State Revenue Sharing Act.
17 (D) Article IV of Public Act 85-1135, effective
18 July 28, 1988, contained provisions amending Section
19 6z-9 of the State Finance Act and creating Section .01
20 of the State Revenue Sharing Act.
21 (E) Article V of Public Act 85-1135, effective
22 July 28, 1988, contained provisions precluding any
23 effect on a pre-existing right, remedy, or liability
24 and authorizing enactment of home rule municipality
25 ordinances.
26 (2) Public Act 85-1135 also contained provisions
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1 relating to State bonds and creating the Water Pollution
2 Control Revolving Fund loan program.
3 (3) On August 26, 1998, the Cook County Circuit Court
4 entered an order in the case of Oak Park Arms Associates v.
5 Whitley (No. 92 L 51045), in which it found that Public Act
6 85-1135 violates the single subject clause of the Illinois
7 Constitution (Article IV, Section 8(d)). As of the time
8 this Act was prepared, the order declaring P.A. 85-1135
9 invalid has been vacated but the case is subject to
10 appeal.
11 (4) The tax provisions of Public Act 85-1135 affect
12 many areas of vital concern to the people of this State.
13 The disruption of the tax reform contained in those
14 provisions could constitute a grave threat to the
15 continued health, safety, and welfare of the people of
16 this State.
17 (b) It is the purpose of this Act to prevent or minimize
18 any problems relating to taxation that may result from
19 challenges to the constitutional validity of Public Act
20 85-1135, by (1) re-enacting provisions from Public Act 85-1135
21 and (2) validating all actions taken in reliance on those
22 provisions from Public Act 85-1135.
23 (c) Because Public Act 86-962, effective January 1, 1990,
24 renumbered Sections 24a-1, 24a-2, 24a-3, 24a-4, and 25.05 of
25 the Counties Code, this Act contains those provisions as
26 renumbered under Sections 5-1006, 5-1007, 5-1008, 5-1009, and
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1 5-1024 of the Counties Code. Because Public Act 86-1475,
2 effective January 10, 1991, resectioned Section 3 of the Use
3 Tax Act, Section 3 of the Service Use Tax Act, Section 3 of the
4 Service Occupation Tax Act, and Section 2 of the Retailers'
5 Occupation Tax Act, this Act contains those provisions as
6 resectioned under Sections 3, 3-5, 3-10, 3-15, 3-20, 3-25,
7 3-30, 3-35, 3-40, 3-45, 3-50, 3-55, 3-60, 3-65, 3-70, 3-75,
8 and 3-80 of the Use Tax Act; Sections 3, 3-5, 3-10, 3-15, 3-20,
9 3-25, 3-30, 3-35, 3-40, 3-45, 3-50, 3-55, 3-60, and 3-65 of the
10 Service Use Tax Act; Sections 3, 3-5, 3-10, 3-15, 3-20, 3-25,
11 3-30, 3-35, 3-40, 3-45, and 3-50 of the Service Occupation Tax
12 Act; and Sections 2, 2-5, 2-10, 2-15, 2-20, 2-25, 2-30, 2-35,
13 2-40, 2-45, 2-50, 2-55, 2-60, 2-65 of the Retailers'
14 Occupation Tax Act. Because Public Act 85-1440, effective
15 February 1, 1989, renumbered Section 6z-16 of the State
16 Finance Act and Section .01 of the State Revenue Sharing Act,
17 this Act contains those provisions as renumbered under Section
18 6z-18 of the State Finance Act and Section 0.1 of the State
19 Revenue Sharing Act. Sections 10b of the Use Tax Act, 10b of
20 the Service Use Tax Act, 20.1 of the Service Occupation Tax
21 Act, and 6d of the Retailers' Occupation Tax Act have been
22 omitted from this Act because they were repealed by Public Act
23 87-1258, effective January 7, 1993.
24 (d) This Act re-enacts Section 1 of Article I of Public Act
25 85-1135; Sections 8-11-1, 8-11-1.1, 8-11-1.2, 8-11-1.3,
26 8-11-1.4, 8-11-5, 8-11-6, 8-11-6a, 8-11-16, and 11-74.4-8a of
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1 the Illinois Municipal Code; Sections 5-1006, 5-1007, 5-1008,
2 5-1009, and 5-1024 of the Counties Code; Section 4 of the Water
3 Commission Act of 1985; Section 5.01 of the Local Mass Transit
4 District Act; Sections 4.01, 4.03, 4.04, and 4.09 of the
5 Northern Illinois Transit Regional Transportation Authority
6 Act; Sections 3, 3-5, 3-10, 3-15, 3-20, 3-25, 3-30, 3-35,
7 3-40, 3-45, 3-50, 3-55, 3-60, 3-65, 3-70, 3-75, 3-80, 9, and
8 10b of the Use Tax Act; Sections 2, 3, 3-5, 3-10, 3-15, 3-20,
9 3-25, 3-30, 3-35, 3-40, 3-45, 3-50, 3-55, 3-60, 3-65, 3d, 7a,
10 9, 10, 10b, and 15 of the Service Use Tax Act; Sections 2, 3,
11 3-5, 3-10, 3-15, 3-20, 3-25, 3-30, 3-35, 3-40, 3-45, 3-50, 9,
12 13, 15, and 20.1 of the Service Occupation Tax Act; Sections 2,
13 2-5, 2-10, 2-15, 2-20, 2-25, 2-30, 2-35, 2-40, 2-45, 2-50,
14 2-55, 2-60, 2-65, 3, 5k, and 6d of the Retailers' Occupation
15 Tax Act; Sections 5.240, 5.241, 6z-9, 6z-17, and 6z-18 of the
16 State Finance Act; Sections 0.1 and 2 of the State Revenue
17 Sharing Act; and Sections 1 and 2 of Article V of Public Act
18 85-1135 as they have been amended. It also re-repeals Sections
19 25.05a, 25.05-2, 25.05-2a, 25.05-3, 25.05-3a, 25.05-10,
20 25.05-10a, and 25.05-10.1 of "An Act to revise the law in
21 relation to counties" and Sections 10 and 14 of the Service
22 Occupation Tax Act. This re-enactment and re-repeal is
23 intended to remove any questions as to the validity or content
24 of those Sections; it is not intended to supersede any other
25 Public Act that amends the text of a Section as set forth in
26 this Act. The re-enacted material in this Act is shown as
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1 existing text (i.e., without underscoring) because, as of the
2 time this Act was prepared, the order declaring P.A. 85-1135
3 invalid has been vacated.
4 (e) In Sections 100 and 900 of this Act, references to
5 "this amendatory Act of 1988" mean Public Act 85-1135, as
6 re-enacted by this Act.
7 (f) The re-enactment or re-repeal of Sections of Public
8 Act 85-1135 by this Act is not intended, and shall not be
9 construed, to imply that Public Act 85-1135 is invalid or to
10 limit or impair any legal argument (1) upholding the validity
11 of Public Act 85-1135 or (2) concerning whether the provisions
12 of Public Act 85-1135 were substantially re-enacted by other
13 Public Acts.
14 (g) All otherwise lawful actions taken in reasonable
15 reliance on or pursuant to the Sections re-enacted by this
16 Act, as set forth in Public Act 85-1135 or subsequently
17 amended, by any officer, employee, agency, or unit of State or
18 local government or by any other person or entity, are hereby
19 validated.
20 With respect to actions taken in relation to matters
21 arising under the Sections re-enacted by this Act, as set
22 forth in Public Act 85-1135 or subsequently amended, a person
23 is rebuttably presumed to have acted in reasonable reliance on
24 and pursuant to the provisions of Public Act 85-1135, as those
25 provisions had been amended at the time the action was taken.
26 (h) With respect to its administration of matters arising
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1 under the Sections re-enacted by this Act, the Department of
2 Revenue shall continue to apply the provisions of Public Act
3 85-1135, as those provisions had been amended at the relevant
4 time.
5 (i) This Act applies, without limitation, to proceedings
6 pending on or after the effective date of this Act.
7 (Source: P.A. 91-51, eff. 6-30-99.)
8 Section 15-125. The Simplified Sales and Use Tax
9 Administration Act is amended by changing Section 2 as
10 follows:
11 (35 ILCS 171/2)
12 Sec. 2. Definitions. As used in this Act:
13 (a) "Agreement" means the Streamlined Sales and Use Tax
14 Agreement as amended and adopted on January 27, 2001.
15 (b) "Certified Automated System" means software certified
16 jointly by the states that are signatories to the Agreement to
17 calculate the tax imposed by each jurisdiction on a
18 transaction, determine the amount of tax to remit to the
19 appropriate state, and maintain a record of the transaction.
20 (c) "Certified Service Provider" means an agent certified
21 jointly by the states that are signatories to the Agreement to
22 perform all of the seller's sales tax functions.
23 (d) "Person" means an individual, trust, estate,
24 fiduciary, partnership, limited liability company, limited
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1 liability partnership, corporation, or any other legal entity.
2 (e) "Sales Tax" means the tax levied under the Service
3 Occupation Tax Act (35 ILCS 115/) and the Retailers'
4 Occupation Tax Act (35 ILCS 120/). "Sales tax" also means any
5 local sales tax levied under the Home Rule Municipal
6 Retailers' Occupation Tax Act (65 ILCS 5/8-11-1), the Non-Home
7 Rule Municipal Retailers' Occupation Tax Act (65 ILCS
8 5/8-11-1.3), the Non-Home Rule Municipal Service Occupation
9 Tax Act (65 ILCS 5/8-11-1.4), the Home Rule Municipal Service
10 Occupation Tax (65 ILCS 5/8-11-5), the Home Rule County
11 Retailers' Occupation Tax Law (55 ILCS 5/5-1006), the Special
12 County Retailers' Occupation Tax for Public Safety, Public
13 Facilities, Mental Health, Substance Abuse, or Transportation
14 Law (55 ILCS 5/5-1006.5), the Home Rule County Service
15 Occupation Tax Law (55 ILCS 5/5-1007), subsection (b) of the
16 Rock Island County Use and Occupation Tax Law (55 ILCS
17 5/5-1008.5(b)), the Metro East Mass Transit District
18 Retailers' Occupation Tax (70 ILCS 3610/5.01(b)), the Metro
19 East Mass Transit District Service Occupation Tax (70 ILCS
20 3610/5.01(c)), the Northern Illinois Transit Regional
21 Transportation Authority Retailers' Occupation Tax (70 ILCS
22 3615/4.03(e)), the Northern Illinois Transit Regional
23 Transportation Authority Service Occupation Tax (70 ILCS
24 3615/4.03(f)), the County Water Commission Retailers'
25 Occupation Tax (70 ILCS 3720/4(b)), or the County Water
26 Commission Service Occupation Tax (70 ILCS 3720/4(c)).
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1 (f) "Seller" means any person making sales of personal
2 property or services.
3 (g) "State" means any state of the United States and the
4 District of Columbia.
5 (h) "Use tax" means the tax levied under the Use Tax Act
6 (35 ILCS 105/) and the Service Use Tax Act (35 ILCS 110/). "Use
7 tax" also means any local use tax levied under the Home Rule
8 Municipal Use Tax Act (65 ILCS 5/8-11-6(b)), provided that the
9 State and the municipality have entered into an agreement that
10 provides for administration of the tax by the State.
11 (Source: P.A. 100-1167, eff. 1-4-19; revised 7-16-25.)
12 Section 15-130. The Illinois Pension Code is amended by
13 changing Sections 22-101, 22-101B, 22-103, and 22-105 as
14 follows:
15 (40 ILCS 5/22-101) (from Ch. 108 1/2, par. 22-101)
16 Sec. 22-101. Retirement Plan for Chicago Transit Authority
17 Employees.
18 (a) There shall be established and maintained by the
19 Authority created by the "Metropolitan Transit Authority Act",
20 approved April 12, 1945, as amended, (referred to in this
21 Section as the "Authority") a financially sound pension and
22 retirement system adequate to provide for all payments when
23 due under such established system or as modified from time to
24 time by ordinance of the Chicago Transit Board or collective
SB2111 Enrolled - 724 - LRB104 09876 LNS 19944 b
1 bargaining agreement. For this purpose, the Board must make
2 contributions to the established system as required under this
3 Section and may make any additional contributions provided for
4 by Board ordinance or collective bargaining agreement. The
5 participating employees shall make such periodic payments to
6 the established system as required under this Section and may
7 make any additional contributions provided for by Board
8 ordinance or collective bargaining agreement.
9 Provisions shall be made by the Board for all officers,
10 except those who first become members on or after January 1,
11 2012, and employees of the Authority appointed pursuant to the
12 "Metropolitan Transit Authority Act" to become, subject to
13 reasonable rules and regulations, participants of the pension
14 or retirement system with uniform rights, privileges,
15 obligations and status as to the class in which such officers
16 and employees belong. The terms, conditions and provisions of
17 any pension or retirement system or of any amendment or
18 modification thereof affecting employees who are members of
19 any labor organization may be established, amended or modified
20 by agreement with such labor organization, provided the terms,
21 conditions and provisions must be consistent with this Act,
22 the annual funding levels for the retirement system
23 established by law must be met and the benefits paid to future
24 participants in the system may not exceed the benefit ceilings
25 set for future participants under this Act and the
26 contribution levels required by the Authority and its
SB2111 Enrolled - 725 - LRB104 09876 LNS 19944 b
1 employees may not be less than the contribution levels
2 established under this Act.
3 (b) The Board of Trustees shall consist of 11 members
4 appointed as follows: (i) 5 trustees shall be appointed by the
5 Chicago Transit Board; (ii) 3 trustees shall be appointed by
6 an organization representing the highest number of Chicago
7 Transit Authority participants; (iii) one trustee shall be
8 appointed by an organization representing the second-highest
9 number of Chicago Transit Authority participants; (iv) one
10 trustee shall be appointed by the recognized coalition
11 representatives of participants who are not represented by an
12 organization with the highest or second-highest number of
13 Chicago Transit Authority participants; and (v) one trustee
14 shall be selected by the Northern Illinois Transit Regional
15 Transportation Authority Board of Directors, and the trustee
16 shall be a professional fiduciary who has experience in the
17 area of collectively bargained pension plans. Trustees shall
18 serve until a successor has been appointed and qualified, or
19 until resignation, death, incapacity, or disqualification.
20 Any person appointed as a trustee of the board shall
21 qualify by taking an oath of office that he or she will
22 diligently and honestly administer the affairs of the system
23 and will not knowingly violate or willfully permit the
24 violation of any of the provisions of law applicable to the
25 Plan, including Sections 1-109, 1-109.1, 1-109.2, 1-110,
26 1-111, 1-114, and 1-115 of the Illinois Pension Code.
SB2111 Enrolled - 726 - LRB104 09876 LNS 19944 b
1 Each trustee shall cast individual votes, and a majority
2 vote shall be final and binding upon all interested parties,
3 provided that the Board of Trustees may require a
4 supermajority vote with respect to the investment of the
5 assets of the Retirement Plan, and may set forth that
6 requirement in the Retirement Plan documents, by-laws, or
7 rules of the Board of Trustees. Each trustee shall have the
8 rights, privileges, authority, and obligations as are usual
9 and customary for such fiduciaries.
10 The Board of Trustees may cause amounts on deposit in the
11 Retirement Plan to be invested in those investments that are
12 permitted investments for the investment of moneys held under
13 any one or more of the pension or retirement systems of the
14 State, any unit of local government or school district, or any
15 agency or instrumentality thereof. The Board, by a vote of at
16 least two-thirds of the trustees, may transfer investment
17 management to the Illinois State Board of Investment, which is
18 hereby authorized to manage these investments when so
19 requested by the Board of Trustees.
20 Notwithstanding any other provision of this Article or any
21 law to the contrary, any person who first becomes a member of
22 the Chicago Transit Board on or after January 1, 2012 shall not
23 be eligible to participate in this Retirement Plan.
24 (c) All individuals who were previously participants in
25 the Retirement Plan for Chicago Transit Authority Employees
26 shall remain participants, and shall receive the same benefits
SB2111 Enrolled - 727 - LRB104 09876 LNS 19944 b
1 established by the Retirement Plan for Chicago Transit
2 Authority Employees, except as provided in this amendatory Act
3 or by subsequent legislative enactment or amendment to the
4 Retirement Plan. For Authority employees hired on or after the
5 effective date of this amendatory Act of the 95th General
6 Assembly, the Retirement Plan for Chicago Transit Authority
7 Employees shall be the exclusive retirement plan and such
8 employees shall not be eligible for any supplemental plan,
9 except for a deferred compensation plan funded only by
10 employee contributions.
11 For all Authority employees who are first hired on or
12 after the effective date of this amendatory Act of the 95th
13 General Assembly and are participants in the Retirement Plan
14 for Chicago Transit Authority Employees, the following terms,
15 conditions and provisions with respect to retirement shall be
16 applicable:
17 (1) Such participant shall be eligible for an
18 unreduced retirement allowance for life upon the
19 attainment of age 64 with 25 years of continuous service.
20 (2) Such participant shall be eligible for a reduced
21 retirement allowance for life upon the attainment of age
22 55 with 10 years of continuous service.
23 (3) For the purpose of determining the retirement
24 allowance to be paid to a retiring employee, the term
25 "Continuous Service" as used in the Retirement Plan for
26 Chicago Transit Authority Employees shall also be deemed
SB2111 Enrolled - 728 - LRB104 09876 LNS 19944 b
1 to include all pension credit for service with any
2 retirement system established under Article 8 or Article
3 11 of this Code, provided that the employee forfeits and
4 relinquishes all pension credit under Article 8 or Article
5 11 of this Code, and the contribution required under this
6 subsection is made by the employee. The Retirement Plan's
7 actuary shall determine the contribution paid by the
8 employee as an amount equal to the normal cost of the
9 benefit accrued, had the service been rendered as an
10 employee, plus interest per annum from the time such
11 service was rendered until the date the payment is made.
12 (d) From the effective date of this amendatory Act through
13 December 31, 2008, all participating employees shall
14 contribute to the Retirement Plan in an amount not less than 6%
15 of compensation, and the Authority shall contribute to the
16 Retirement Plan in an amount not less than 12% of
17 compensation.
18 (e)(1) Beginning January 1, 2009 the Authority shall make
19 contributions to the Retirement Plan in an amount equal to
20 twelve percent (12%) of compensation and participating
21 employees shall make contributions to the Retirement Plan in
22 an amount equal to six percent (6%) of compensation. These
23 contributions may be paid by the Authority and participating
24 employees on a payroll or other periodic basis, but shall in
25 any case be paid to the Retirement Plan at least monthly.
26 (2) For the period ending December 31, 2040, the amount
SB2111 Enrolled - 729 - LRB104 09876 LNS 19944 b
1 paid by the Authority in any year with respect to debt service
2 on bonds issued for the purposes of funding a contribution to
3 the Retirement Plan under Section 12c of the Metropolitan
4 Transit Authority Act, other than debt service paid with the
5 proceeds of bonds or notes issued by the Authority for any year
6 after calendar year 2008, shall be treated as a credit against
7 the amount of required contribution to the Retirement Plan by
8 the Authority under subsection (e)(1) for the following year
9 up to an amount not to exceed 6% of compensation paid by the
10 Authority in that following year.
11 (3) By September 15 of each year beginning in 2009 and
12 ending on December 31, 2039, on the basis of a report prepared
13 by an enrolled actuary retained by the Plan, the Board of
14 Trustees of the Retirement Plan shall determine the estimated
15 funded ratio of the total assets of the Retirement Plan to its
16 total actuarially determined liabilities. A report containing
17 that determination and the actuarial assumptions on which it
18 is based shall be filed with the Authority, the
19 representatives of its participating employees, the Auditor
20 General of the State of Illinois, and the Northern Illinois
21 Transit Regional Transportation Authority. If the funded ratio
22 is projected to decline below 60% in any year before 2040, the
23 Board of Trustees shall also determine the increased
24 contribution required each year as a level percentage of
25 payroll over the years remaining until 2040 using the
26 projected unit credit actuarial cost method so the funded
SB2111 Enrolled - 730 - LRB104 09876 LNS 19944 b
1 ratio does not decline below 60% and include that
2 determination in its report. If the actual funded ratio
3 declines below 60% in any year prior to 2040, the Board of
4 Trustees shall also determine the increased contribution
5 required each year as a level percentage of payroll during the
6 years after the then current year using the projected unit
7 credit actuarial cost method so the funded ratio is projected
8 to reach at least 60% no later than 10 years after the then
9 current year and include that determination in its report.
10 Within 60 days after receiving the report, the Auditor General
11 shall review the determination and the assumptions on which it
12 is based, and if he finds that the determination and the
13 assumptions on which it is based are unreasonable in the
14 aggregate, he shall issue a new determination of the funded
15 ratio, the assumptions on which it is based and the increased
16 contribution required each year as a level percentage of
17 payroll over the years remaining until 2040 using the
18 projected unit credit actuarial cost method so the funded
19 ratio does not decline below 60%, or, in the event of an actual
20 decline below 60%, so the funded ratio is projected to reach
21 60% by no later than 10 years after the then current year. If
22 the Board of Trustees or the Auditor General determine that an
23 increased contribution is required to meet the funded ratio
24 required by the subsection, effective January 1 following the
25 determination or 30 days after such determination, whichever
26 is later, one-third of the increased contribution shall be
SB2111 Enrolled - 731 - LRB104 09876 LNS 19944 b
1 paid by participating employees and two-thirds by the
2 Authority, in addition to the contributions required by this
3 subsection (1).
4 (4) For the period beginning 2040, the minimum
5 contribution to the Retirement Plan for each fiscal year shall
6 be an amount determined by the Board of Trustees of the
7 Retirement Plan to be sufficient to bring the total assets of
8 the Retirement Plan up to 90% of its total actuarial
9 liabilities by the end of 2059. Participating employees shall
10 be responsible for one-third of the required contribution and
11 the Authority shall be responsible for two-thirds of the
12 required contribution. In making these determinations, the
13 Board of Trustees shall calculate the required contribution
14 each year as a level percentage of payroll over the years
15 remaining to and including fiscal year 2059 using the
16 projected unit credit actuarial cost method. A report
17 containing that determination and the actuarial assumptions on
18 which it is based shall be filed by September 15 of each year
19 with the Authority, the representatives of its participating
20 employees, the Auditor General of the State of Illinois and
21 the Northern Illinois Transit Regional Transportation
22 Authority. If the funded ratio is projected to fail to reach
23 90% by December 31, 2059, the Board of Trustees shall also
24 determine the increased contribution required each year as a
25 level percentage of payroll over the years remaining until
26 December 31, 2059 using the projected unit credit actuarial
SB2111 Enrolled - 732 - LRB104 09876 LNS 19944 b
1 cost method so the funded ratio will meet 90% by December 31,
2 2059 and include that determination in its report. Within 60
3 days after receiving the report, the Auditor General shall
4 review the determination and the assumptions on which it is
5 based and if he finds that the determination and the
6 assumptions on which it is based are unreasonable in the
7 aggregate, he shall issue a new determination of the funded
8 ratio, the assumptions on which it is based and the increased
9 contribution required each year as a level percentage of
10 payroll over the years remaining until December 31, 2059 using
11 the projected unit credit actuarial cost method so the funded
12 ratio reaches no less than 90% by December 31, 2059. If the
13 Board of Trustees or the Auditor General determine that an
14 increased contribution is required to meet the funded ratio
15 required by this subsection, effective January 1 following the
16 determination or 30 days after such determination, whichever
17 is later, one-third of the increased contribution shall be
18 paid by participating employees and two-thirds by the
19 Authority, in addition to the contributions required by
20 subsection (e)(1).
21 (5) Beginning in 2060, the minimum contribution for each
22 year shall be the amount needed to maintain the total assets of
23 the Retirement Plan at 90% of the total actuarial liabilities
24 of the Plan, and the contribution shall be funded two-thirds
25 by the Authority and one-third by the participating employees
26 in accordance with this subsection.
SB2111 Enrolled - 733 - LRB104 09876 LNS 19944 b
1 (f) The Authority shall take the steps necessary to comply
2 with Section 414(h)(2) of the Internal Revenue Code of 1986,
3 as amended, to permit the pick-up of employee contributions
4 under subsections (d) and (e) on a tax-deferred basis.
5 (g) The Board of Trustees shall certify to the Governor,
6 the General Assembly, the Auditor General, the Board of the
7 Northern Illinois Transit Regional Transportation Authority,
8 and the Authority at least 90 days prior to the end of each
9 fiscal year the amount of the required contributions to the
10 retirement system for the next retirement system fiscal year
11 under this Section. The certification shall include a copy of
12 the actuarial recommendations upon which it is based. In
13 addition, copies of the certification shall be sent to the
14 Commission on Government Forecasting and Accountability and
15 the Mayor of Chicago.
16 (h)(1) As to an employee who first becomes entitled to a
17 retirement allowance commencing on or after November 30, 1989,
18 the retirement allowance shall be the amount determined in
19 accordance with the following formula:
20 (A) One percent (1%) of his "Average Annual
21 Compensation in the highest four (4) completed Plan Years"
22 for each full year of continuous service from the date of
23 original employment to the effective date of the Plan;
24 plus
25 (B) One and seventy-five hundredths percent (1.75%) of
26 his "Average Annual Compensation in the highest four (4)
SB2111 Enrolled - 734 - LRB104 09876 LNS 19944 b
1 completed Plan Years" for each year (including fractions
2 thereof to completed calendar months) of continuous
3 service as provided for in the Retirement Plan for Chicago
4 Transit Authority Employees.
5 Provided, however that:
6 (2) As to an employee who first becomes entitled to a
7 retirement allowance commencing on or after January 1, 1993,
8 the retirement allowance shall be the amount determined in
9 accordance with the following formula:
10 (A) One percent (1%) of his "Average Annual
11 Compensation in the highest four (4) completed Plan Years"
12 for each full year of continuous service from the date of
13 original employment to the effective date of the Plan;
14 plus
15 (B) One and eighty hundredths percent (1.80%) of his
16 "Average Annual Compensation in the highest four (4)
17 completed Plan Years" for each year (including fractions
18 thereof to completed calendar months) of continuous
19 service as provided for in the Retirement Plan for Chicago
20 Transit Authority Employees.
21 Provided, however that:
22 (3) As to an employee who first becomes entitled to a
23 retirement allowance commencing on or after January 1, 1994,
24 the retirement allowance shall be the amount determined in
25 accordance with the following formula:
26 (A) One percent (1%) of his "Average Annual
SB2111 Enrolled - 735 - LRB104 09876 LNS 19944 b
1 Compensation in the highest four (4) completed Plan Years"
2 for each full year of continuous service from the date of
3 original employment to the effective date of the Plan;
4 plus
5 (B) One and eighty-five hundredths percent (1.85%) of
6 his "Average Annual Compensation in the highest four (4)
7 completed Plan Years" for each year (including fractions
8 thereof to completed calendar months) of continuous
9 service as provided for in the Retirement Plan for Chicago
10 Transit Authority Employees.
11 Provided, however that:
12 (4) As to an employee who first becomes entitled to a
13 retirement allowance commencing on or after January 1, 2000,
14 the retirement allowance shall be the amount determined in
15 accordance with the following formula:
16 (A) One percent (1%) of his "Average Annual
17 Compensation in the highest four (4) completed Plan Years"
18 for each full year of continuous service from the date of
19 original employment to the effective date of the Plan;
20 plus
21 (B) Two percent (2%) of his "Average Annual
22 Compensation in the highest four (4) completed Plan Years"
23 for each year (including fractions thereof to completed
24 calendar months) of continuous service as provided for in
25 the Retirement Plan for Chicago Transit Authority
26 Employees.
SB2111 Enrolled - 736 - LRB104 09876 LNS 19944 b
1 Provided, however that:
2 (5) As to an employee who first becomes entitled to a
3 retirement allowance commencing on or after January 1, 2001,
4 the retirement allowance shall be the amount determined in
5 accordance with the following formula:
6 (A) One percent (1%) of his "Average Annual
7 Compensation in the highest four (4) completed Plan Years"
8 for each full year of continuous service from the date of
9 original employment to the effective date of the Plan;
10 plus
11 (B) Two and fifteen hundredths percent (2.15%) of his
12 "Average Annual Compensation in the highest four (4)
13 completed Plan Years" for each year (including fractions
14 thereof to completed calendar months) of continuous
15 service as provided for in the Retirement Plan for Chicago
16 Transit Authority Employees.
17 The changes made by this amendatory Act of the 95th
18 General Assembly, to the extent that they affect the rights or
19 privileges of Authority employees that are currently the
20 subject of collective bargaining, have been agreed to between
21 the authorized representatives of these employees and of the
22 Authority prior to enactment of this amendatory Act, as
23 evidenced by a Memorandum of Understanding between these
24 representatives that will be filed with the Secretary of State
25 Index Department and designated as "95-GA-C05". The General
26 Assembly finds and declares that those changes are consistent
SB2111 Enrolled - 737 - LRB104 09876 LNS 19944 b
1 with 49 U.S.C. 5333(b) (also known as Section 13(c) of the
2 Federal Transit Act) because of this agreement between
3 authorized representatives of these employees and of the
4 Authority, and that any future amendments to the provisions of
5 this amendatory Act of the 95th General Assembly, to the
6 extent those amendments would affect the rights and privileges
7 of Authority employees that are currently the subject of
8 collective bargaining, would be consistent with 49 U.S.C.
9 5333(b) if and only if those amendments were agreed to between
10 these authorized representatives prior to enactment.
11 (i) Early retirement incentive plan; funded ratio.
12 (1) Beginning on the effective date of this Section,
13 no early retirement incentive shall be offered to
14 participants of the Plan unless the Funded Ratio of the
15 Plan is at least 80% or more.
16 (2) For the purposes of this Section, the Funded Ratio
17 shall be the Adjusted Assets divided by the Actuarial
18 Accrued Liability developed in accordance with Statement
19 #25 promulgated by the Government Accounting Standards
20 Board and the actuarial assumptions described in the Plan.
21 The Adjusted Assets shall be calculated based on the
22 methodology described in the Plan.
23 (j) Nothing in this amendatory Act of the 95th General
24 Assembly shall impair the rights or privileges of Authority
25 employees under any other law.
26 (k) Any individual who, on or after August 19, 2011 (the
SB2111 Enrolled - 738 - LRB104 09876 LNS 19944 b
1 effective date of Public Act 97-442), first becomes a
2 participant of the Retirement Plan shall not be paid any of the
3 benefits provided under this Code if he or she is convicted of
4 a felony relating to, arising out of, or in connection with his
5 or her service as a participant.
6 This subsection (k) shall not operate to impair any
7 contract or vested right acquired before August 19, 2011 (the
8 effective date of Public Act 97-442) under any law or laws
9 continued in this Code, and it shall not preclude the right to
10 refund.
11 (Source: P.A. 97-442, eff. 8-19-11; 97-609, eff. 1-1-12;
12 97-813, eff. 7-13-12.)
13 (40 ILCS 5/22-101B)
14 Sec. 22-101B. Health Care Benefits.
15 (a) The Chicago Transit Authority (hereinafter referred to
16 in this Section as the "Authority") shall take all actions
17 lawfully available to it to separate the funding of health
18 care benefits for retirees and their dependents and survivors
19 from the funding for its retirement system. The Authority
20 shall endeavor to achieve this separation as soon as possible,
21 and in any event no later than July 1, 2009.
22 (b) Effective 90 days after the effective date of this
23 amendatory Act of the 95th General Assembly, a Retiree Health
24 Care Trust is established for the purpose of providing health
25 care benefits to eligible retirees and their dependents and
SB2111 Enrolled - 739 - LRB104 09876 LNS 19944 b
1 survivors in accordance with the terms and conditions set
2 forth in this Section 22-101B. The Retiree Health Care Trust
3 shall be solely responsible for providing health care benefits
4 to eligible retirees and their dependents and survivors upon
5 the exhaustion of the account established by the Retirement
6 Plan for Chicago Transit Authority Employees pursuant to
7 Section 401(h) of the Internal Revenue Code of 1986, but no
8 earlier than January 1, 2009 and no later than July 1, 2009.
9 (1) The Board of Trustees shall consist of 7 members
10 appointed as follows: (i) 3 trustees shall be appointed by
11 the Chicago Transit Board; (ii) one trustee shall be
12 appointed by an organization representing the highest
13 number of Chicago Transit Authority participants; (iii)
14 one trustee shall be appointed by an organization
15 representing the second-highest number of Chicago Transit
16 Authority participants; (iv) one trustee shall be
17 appointed by the recognized coalition representatives of
18 participants who are not represented by an organization
19 with the highest or second-highest number of Chicago
20 Transit Authority participants; and (v) one trustee shall
21 be selected by the Northern Illinois Transit Regional
22 Transportation Authority Board of Directors, and the
23 trustee shall be a professional fiduciary who has
24 experience in the area of collectively bargained retiree
25 health plans. Trustees shall serve until a successor has
26 been appointed and qualified, or until resignation, death,
SB2111 Enrolled - 740 - LRB104 09876 LNS 19944 b
1 incapacity, or disqualification.
2 Any person appointed as a trustee of the board shall
3 qualify by taking an oath of office that he or she will
4 diligently and honestly administer the affairs of the
5 system, and will not knowingly violate or willfully permit
6 the violation of any of the provisions of law applicable
7 to the Plan, including Sections 1-109, 1-109.1, 1-109.2,
8 1-110, 1-111, 1-114, and 1-115 of Article 1 of the
9 Illinois Pension Code.
10 Each trustee shall cast individual votes, and a
11 majority vote shall be final and binding upon all
12 interested parties, provided that the Board of Trustees
13 may require a supermajority vote with respect to the
14 investment of the assets of the Retiree Health Care Trust,
15 and may set forth that requirement in the trust agreement
16 or by-laws of the Board of Trustees. Each trustee shall
17 have the rights, privileges, authority and obligations as
18 are usual and customary for such fiduciaries.
19 (2) The Board of Trustees shall establish and
20 administer a health care benefit program for eligible
21 retirees and their dependents and survivors. Any health
22 care benefit program established by the Board of Trustees
23 for eligible retirees and their dependents and survivors
24 effective on or after July 1, 2009 shall not contain any
25 plan which provides for more than 90% coverage for
26 in-network services or 70% coverage for out-of-network
SB2111 Enrolled - 741 - LRB104 09876 LNS 19944 b
1 services after any deductible has been paid, except that
2 coverage through a health maintenance organization ("HMO")
3 may be provided at 100%.
4 (2.5) The Board of Trustees may also establish and
5 administer a health reimbursement arrangement for retirees
6 and for former employees of the Authority or the
7 Retirement Plan, and their survivors, who have contributed
8 to the Retiree Health Care Trust but do not satisfy the
9 years of service requirement of subdivision (b)(4) and the
10 terms of the retiree health care plan; or for those who do
11 satisfy the requirements of subdivision (b)(4) and the
12 terms of the retiree health care plan but who decline
13 coverage under the plan prior to retirement. Any such
14 health reimbursement arrangement may provide that: the
15 retirees or former employees of the Authority or the
16 Retirement Plan, and their survivors, must have reached
17 age 65 to be eligible to participate in the health
18 reimbursement arrangement; contributions by the retirees
19 or former employees of the Authority or the Retirement
20 Plan to the Retiree Health Care Trust shall be considered
21 assets of the Retiree Health Care Trust only;
22 contributions shall not accrue interest for the benefit of
23 the retiree or former employee of the Authority or the
24 Retirement Plan or survivor; benefits shall be payable in
25 accordance with the Internal Revenue Code of 1986; the
26 amounts paid to or on account of the retiree or former
SB2111 Enrolled - 742 - LRB104 09876 LNS 19944 b
1 employee of the Authority or the Retirement Plan or
2 survivor shall not exceed the total amount which the
3 retiree or former employee of the Authority or the
4 Retirement Plan contributed to the Retiree Health Care
5 Trust; the Retiree Health Care Trust may charge a
6 reasonable administrative fee for processing the benefits.
7 The Board of Trustees of the Retiree Health Care Trust may
8 establish such rules, limitations and requirements as the
9 Board of Trustees deems appropriate.
10 (3) The Retiree Health Care Trust shall be
11 administered by the Board of Trustees according to the
12 following requirements:
13 (i) The Board of Trustees may cause amounts on
14 deposit in the Retiree Health Care Trust to be
15 invested in those investments that are permitted
16 investments for the investment of moneys held under
17 any one or more of the pension or retirement systems of
18 the State, any unit of local government or school
19 district, or any agency or instrumentality thereof.
20 The Board, by a vote of at least two-thirds of the
21 trustees, may transfer investment management to the
22 Illinois State Board of Investment, which is hereby
23 authorized to manage these investments when so
24 requested by the Board of Trustees.
25 (ii) The Board of Trustees shall establish and
26 maintain an appropriate funding reserve level which
SB2111 Enrolled - 743 - LRB104 09876 LNS 19944 b
1 shall not be less than the amount of incurred and
2 unreported claims plus 12 months of expected claims
3 and administrative expenses.
4 (iii) The Board of Trustees shall make an annual
5 assessment of the funding levels of the Retiree Health
6 Care Trust and shall submit a report to the Auditor
7 General at least 90 days prior to the end of the fiscal
8 year. The report shall provide the following:
9 (A) the actuarial present value of projected
10 benefits expected to be paid to current and future
11 retirees and their dependents and survivors;
12 (B) the actuarial present value of projected
13 contributions and trust income plus assets;
14 (C) the reserve required by subsection
15 (b)(3)(ii); and
16 (D) an assessment of whether the actuarial
17 present value of projected benefits expected to be
18 paid to current and future retirees and their
19 dependents and survivors exceeds or is less than
20 the actuarial present value of projected
21 contributions and trust income plus assets in
22 excess of the reserve required by subsection
23 (b)(3)(ii).
24 If the actuarial present value of projected
25 benefits expected to be paid to current and future
26 retirees and their dependents and survivors exceeds
SB2111 Enrolled - 744 - LRB104 09876 LNS 19944 b
1 the actuarial present value of projected contributions
2 and trust income plus assets in excess of the reserve
3 required by subsection (b)(3)(ii), then the report
4 shall provide a plan, to be implemented over a period
5 of not more than 10 years from each valuation date,
6 which would make the actuarial present value of
7 projected contributions and trust income plus assets
8 equal to or exceed the actuarial present value of
9 projected benefits expected to be paid to current and
10 future retirees and their dependents and survivors.
11 The plan may consist of increases in employee,
12 retiree, dependent, or survivor contribution levels,
13 decreases in benefit levels, or other plan changes or
14 any combination thereof. If the actuarial present
15 value of projected benefits expected to be paid to
16 current and future retirees and their dependents and
17 survivors is less than the actuarial present value of
18 projected contributions and trust income plus assets
19 in excess of the reserve required by subsection
20 (b)(3)(ii), then the report may provide a plan of
21 decreases in employee, retiree, dependent, or survivor
22 contribution levels, increases in benefit levels, or
23 other plan changes, or any combination thereof, to the
24 extent of the surplus.
25 (iv) The Auditor General shall review the report
26 and plan provided in subsection (b)(3)(iii) and issue
SB2111 Enrolled - 745 - LRB104 09876 LNS 19944 b
1 a determination within 90 days after receiving the
2 report and plan, with a copy of such determination
3 provided to the General Assembly and the Northern
4 Illinois Transit Regional Transportation Authority, as
5 follows:
6 (A) In the event of a projected shortfall, if
7 the Auditor General determines that the
8 assumptions stated in the report are not
9 unreasonable in the aggregate and that the plan of
10 increases in employee, retiree, dependent, or
11 survivor contribution levels, decreases in benefit
12 levels, or other plan changes, or any combination
13 thereof, to be implemented over a period of not
14 more than 10 years from each valuation date, is
15 reasonably projected to make the actuarial present
16 value of projected contributions and trust income
17 plus assets equal to or in excess of the actuarial
18 present value of projected benefits expected to be
19 paid to current and future retirees and their
20 dependents and survivors, then the Board of
21 Trustees shall implement the plan. If the Auditor
22 General determines that the assumptions stated in
23 the report are unreasonable in the aggregate, or
24 that the plan of increases in employee, retiree,
25 dependent, or survivor contribution levels,
26 decreases in benefit levels, or other plan changes
SB2111 Enrolled - 746 - LRB104 09876 LNS 19944 b
1 to be implemented over a period of not more than 10
2 years from each valuation date, is not reasonably
3 projected to make the actuarial present value of
4 projected contributions and trust income plus
5 assets equal to or in excess of the actuarial
6 present value of projected benefits expected to be
7 paid to current and future retirees and their
8 dependents and survivors, then the Board of
9 Trustees shall not implement the plan, the Auditor
10 General shall explain the basis for such
11 determination to the Board of Trustees, and the
12 Auditor General may make recommendations as to an
13 alternative report and plan.
14 (B) In the event of a projected surplus, if
15 the Auditor General determines that the
16 assumptions stated in the report are not
17 unreasonable in the aggregate and that the plan of
18 decreases in employee, retiree, dependent, or
19 survivor contribution levels, increases in benefit
20 levels, or both, is not unreasonable in the
21 aggregate, then the Board of Trustees shall
22 implement the plan. If the Auditor General
23 determines that the assumptions stated in the
24 report are unreasonable in the aggregate, or that
25 the plan of decreases in employee, retiree,
26 dependent, or survivor contribution levels,
SB2111 Enrolled - 747 - LRB104 09876 LNS 19944 b
1 increases in benefit levels, or both, is
2 unreasonable in the aggregate, then the Board of
3 Trustees shall not implement the plan, the Auditor
4 General shall explain the basis for such
5 determination to the Board of Trustees, and the
6 Auditor General may make recommendations as to an
7 alternative report and plan.
8 (C) The Board of Trustees shall submit an
9 alternative report and plan within 45 days after
10 receiving a rejection determination by the Auditor
11 General. A determination by the Auditor General on
12 any alternative report and plan submitted by the
13 Board of Trustees shall be made within 90 days
14 after receiving the alternative report and plan,
15 and shall be accepted or rejected according to the
16 requirements of this subsection (b)(3)(iv). The
17 Board of Trustees shall continue to submit
18 alternative reports and plans to the Auditor
19 General, as necessary, until a favorable
20 determination is made by the Auditor General.
21 (4) For any retiree who first retires effective on or
22 after January 18, 2008, to be eligible for retiree health
23 care benefits upon retirement, the retiree must be at
24 least 55 years of age, retire with 10 or more years of
25 continuous service and satisfy the preconditions
26 established by Public Act 95-708 in addition to any rules
SB2111 Enrolled - 748 - LRB104 09876 LNS 19944 b
1 or regulations promulgated by the Board of Trustees.
2 Notwithstanding the foregoing, any retiree hired on or
3 before September 5, 2001 who retires with 25 years or more
4 of continuous service shall be eligible for retiree health
5 care benefits upon retirement in accordance with any rules
6 or regulations adopted by the Board of Trustees; provided
7 he or she retires prior to the full execution of the
8 successor collective bargaining agreement to the
9 collective bargaining agreement that became effective
10 January 1, 2007 between the Authority and the
11 organizations representing the highest and second-highest
12 number of Chicago Transit Authority participants. This
13 paragraph (4) shall not apply to a disability allowance.
14 (5) Effective January 1, 2009, the aggregate amount of
15 retiree, dependent and survivor contributions to the cost
16 of their health care benefits shall not exceed more than
17 45% of the total cost of such benefits. The Board of
18 Trustees shall have the discretion to provide different
19 contribution levels for retirees, dependents and survivors
20 based on their years of service, level of coverage or
21 Medicare eligibility, provided that the total contribution
22 from all retirees, dependents, and survivors shall be not
23 more than 45% of the total cost of such benefits. The term
24 "total cost of such benefits" for purposes of this
25 subsection shall be the total amount expended by the
26 retiree health benefit program in the prior plan year, as
SB2111 Enrolled - 749 - LRB104 09876 LNS 19944 b
1 calculated and certified in writing by the Retiree Health
2 Care Trust's enrolled actuary to be appointed and paid for
3 by the Board of Trustees.
4 (6) Effective January 1, 2022, all employees of the
5 Authority shall contribute to the Retiree Health Care
6 Trust in an amount not less than 1% of compensation.
7 (7) No earlier than January 1, 2009 and no later than
8 July 1, 2009 as the Retiree Health Care Trust becomes
9 solely responsible for providing health care benefits to
10 eligible retirees and their dependents and survivors in
11 accordance with subsection (b) of this Section 22-101B,
12 the Authority shall not have any obligation to provide
13 health care to current or future retirees and their
14 dependents or survivors. Employees, retirees, dependents,
15 and survivors who are required to make contributions to
16 the Retiree Health Care Trust shall make contributions at
17 the level set by the Board of Trustees pursuant to the
18 requirements of this Section 22-101B.
19 (Source: P.A. 102-415, eff. 1-1-22.)
20 (40 ILCS 5/22-103)
21 Sec. 22-103. Northern Illinois Transit Regional
22 Transportation Authority and related pension plans.
23 (a) As used in this Section:
24 "Affected pension plan" means a defined-benefit pension
25 plan supported in whole or in part by employer contributions
SB2111 Enrolled - 750 - LRB104 09876 LNS 19944 b
1 and maintained by the Northern Illinois Transit Regional
2 Transportation Authority, the Suburban Bus Division, or the
3 Commuter Rail Division, or any combination thereof, under the
4 general authority of the Northern Illinois Transit Regional
5 Transportation Authority Act, including, but not limited to,
6 any such plan that has been established under or is subject to
7 a collective bargaining agreement or is limited to employees
8 covered by a collective bargaining agreement. "Affected
9 pension plan" does not include any pension fund or retirement
10 system subject to Section 22-101 of this Section.
11 "Authority" means the Northern Illinois Transit Regional
12 Transportation Authority created under the Northern Illinois
13 Transit Regional Transportation Authority Act.
14 "Contributing employer" means an employer that is required
15 to make contributions to an affected pension plan under the
16 terms of that plan.
17 "Funding ratio" means the ratio of an affected pension
18 plan's assets to the present value of its actuarial
19 liabilities, as determined at its latest actuarial valuation
20 in accordance with applicable actuarial assumptions and
21 recommendations.
22 "Under-funded pension plan" or "under-funded" means an
23 affected pension plan that, at the time of its last actuarial
24 valuation, has a funding ratio of less than 90%.
25 (b) The contributing employers of each affected pension
26 plan have a general duty to make the required employer
SB2111 Enrolled - 751 - LRB104 09876 LNS 19944 b
1 contributions to the affected pension plan in a timely manner
2 in accordance with the terms of the plan. A contributing
3 employer must make contributions to the affected pension plan
4 as required under this subsection and, if applicable,
5 subsection (c); a contributing employer may make any
6 additional contributions provided for by the board of the
7 employer or collective bargaining agreement.
8 (c) In the case of an affected pension plan that is
9 under-funded on January 1, 2009 or becomes under-funded at any
10 time after that date, the contributing employers shall
11 contribute to the affected pension plan, in addition to all
12 amounts otherwise required, amounts sufficient to bring the
13 funding ratio of the affected pension plan up to 90% in
14 accordance with an amortization schedule adopted jointly by
15 the contributing employers and the trustee of the affected
16 pension plan. The amortization schedule may extend for any
17 period up to a maximum of 50 years and shall provide for
18 additional employer contributions in substantially equal
19 annual amounts over the selected period. If the contributing
20 employers and the trustee of the affected pension plan do not
21 agree on an appropriate period for the amortization schedule
22 within 6 months of the date of determination that the plan is
23 under-funded, then the amortization schedule shall be based on
24 a period of 50 years.
25 In the case of an affected pension plan that has more than
26 one contributing employer, each contributing employer's share
SB2111 Enrolled - 752 - LRB104 09876 LNS 19944 b
1 of the total additional employer contributions required under
2 this subsection shall be determined: (i) in proportion to the
3 amounts, if any, by which the respective contributing
4 employers have failed to meet their contribution obligations
5 under the terms of the affected pension plan; or (ii) if all of
6 the contributing employers have met their contribution
7 obligations under the terms of the affected pension plan, then
8 in the same proportion as they are required to contribute
9 under the terms of that plan. In the case of an affected
10 pension plan that has only one contributing employer, that
11 contributing employer is responsible for all of the additional
12 employer contributions required under this subsection.
13 If an under-funded pension plan is determined to have
14 achieved a funding ratio of at least 90% during the period when
15 an amortization schedule is in force under this Section, the
16 contributing employers and the trustee of the affected pension
17 plan, acting jointly, may cancel the amortization schedule and
18 the contributing employers may cease making additional
19 contributions under this subsection for as long as the
20 affected pension plan retains a funding ratio of at least 90%.
21 (d) Beginning January 1, 2009, if the Authority fails to
22 pay to an affected pension fund within 30 days after it is due
23 (i) any employer contribution that it is required to make as a
24 contributing employer, (ii) any additional employer
25 contribution that it is required to pay under subsection (c),
26 or (iii) any payment that it is required to make under Section
SB2111 Enrolled - 753 - LRB104 09876 LNS 19944 b
1 4.02a or 4.02b of the Northern Illinois Transit Regional
2 Transportation Authority Act, the trustee of the affected
3 pension fund shall promptly so notify the Commission on
4 Government Forecasting and Accountability, the Mayor of
5 Chicago, the Governor, and the General Assembly.
6 (e) For purposes of determining employer contributions,
7 assets, and actuarial liabilities under this subsection,
8 contributions, assets, and liabilities relating to health care
9 benefits shall not be included.
10 (f) This amendatory Act of the 94th General Assembly does
11 not affect or impair the right of any contributing employer or
12 its employees to collectively bargain the amount or level of
13 employee contributions to an affected pension plan, to the
14 extent that the plan includes employees subject to collective
15 bargaining.
16 (g) Any individual who, on or after August 19, 2011 (the
17 effective date of Public Act 97-442), first becomes a
18 participant of an affected pension plan shall not be paid any
19 of the benefits provided under this Code if he or she is
20 convicted of a felony relating to, arising out of, or in
21 connection with his or her service as a participant.
22 This subsection shall not operate to impair any contract
23 or vested right acquired before August 19, 2011 (the effective
24 date of Public Act 97-442) under any law or laws continued in
25 this Code, and it shall not preclude the right to refund.
26 (h) Notwithstanding any other provision of this Article or
SB2111 Enrolled - 754 - LRB104 09876 LNS 19944 b
1 any law to the contrary, a person who, on or after January 1,
2 2012 (the effective date of Public Act 97-609), first becomes
3 a director on the Suburban Bus Board, the Commuter Rail Board,
4 or the Board of Directors of the Northern Illinois Transit
5 Regional Transportation Authority shall not be eligible to
6 participate in an affected pension plan.
7 (Source: P.A. 97-442, eff. 8-19-11; 97-609, eff. 1-1-12;
8 97-813, eff. 7-13-12.)
9 (40 ILCS 5/22-105)
10 Sec. 22-105. Application to Northern Illinois Transit
11 Regional Transportation Authority Board members. This Code
12 does not apply to any individual who first becomes a member of
13 the Northern Illinois Transit Regional Transportation
14 Authority Board on or after the effective date of this
15 amendatory Act of the 98th General Assembly with respect to
16 service on that Board.
17 (Source: P.A. 98-108, eff. 7-23-13.)
18 Section 15-135. The Illinois Municipal Budget Law is
19 amended by changing Section 2 as follows:
20 (50 ILCS 330/2) (from Ch. 85, par. 802)
21 Sec. 2. The following terms, unless the context otherwise
22 indicates, have the following meaning:
23 (1) "Municipality" means and includes all municipal
SB2111 Enrolled - 755 - LRB104 09876 LNS 19944 b
1 corporations and political subdivisions of this State, or any
2 such unit or body hereafter created by authority of law,
3 except the following: (a) The State of Illinois; (b) counties;
4 (c) cities, villages and incorporated towns; (d) sanitary
5 districts created under "An Act to create sanitary districts
6 and to remove obstructions in the Des Plaines and Illinois
7 Rivers", approved May 29, 1889, as amended; (e) forest
8 preserve districts having a population of 500,000 or more,
9 created under "An Act to provide for the creation and
10 management of forest preserve districts and repealing certain
11 Acts therein named", approved June 27, 1913, as amended; (f)
12 school districts; (g) the Chicago Park District created under
13 "An Act in relation to the creation, maintenance, operation
14 and improvement of the Chicago Park District", approved, June
15 10, 1933, as amended; (h) park districts created under "The
16 Park District Code", approved July 8, 1947, as amended; (i)
17 the Northern Illinois Transit Regional Transportation
18 Authority created under the "Northern Illinois Transit
19 Regional Transportation Authority Act", enacted by the 78th
20 General Assembly; and (j) the Illinois Sports Facilities
21 Authority.
22 (2) "Governing body" means the corporate authorities,
23 body, or other officer of the municipality authorized by law
24 to raise revenue, appropriate funds, or levy taxes for the
25 operation and maintenance thereof.
26 (3) "Department" means the Department of Commerce and
SB2111 Enrolled - 756 - LRB104 09876 LNS 19944 b
1 Economic Opportunity.
2 (Source: P.A. 94-793, eff. 5-19-06.)
3 Section 15-140. The Counties Code is amended by changing
4 Section 6-34000 as follows:
5 (55 ILCS 5/6-34000)
6 Sec. 6-34000. Report on funds received under the Northern
7 Illinois Transit Regional Transportation Authority Act. If the
8 Board of the Northern Illinois Transit Regional Transportation
9 Authority adopts an ordinance under Section 4.03 of the
10 Northern Illinois Transit Regional Transportation Authority
11 Act imposing a retailers' occupation tax and a service
12 occupation tax at the rate of 0.75% in the counties of DuPage,
13 Kane, Lake, McHenry, and Will, then the County Boards of
14 DuPage, Kane, Lake, McHenry, and Will counties shall each
15 report to the General Assembly and the Commission on
16 Government Forecasting and Accountability by March 1 of the
17 year following the adoption of the ordinance and March 1 of
18 each year thereafter. That report shall include the total
19 amounts received by the County under subsection (n) of Section
20 4.03 of the Northern Illinois Transit Regional Transportation
21 Authority Act and the expenditures and obligations of the
22 County using those funds during the previous calendar year.
23 (Source: P.A. 95-906, eff. 8-26-08.)
SB2111 Enrolled - 757 - LRB104 09876 LNS 19944 b
1 Section 15-145. The Illinois Municipal Code is amended by
2 changing Section 11-74.4-3, the heading of Division 122.2 of
3 Article 11, and Section 11-122.2-1 as follows:
4 (65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3)
5 Sec. 11-74.4-3. Definitions. The following terms, wherever
6 used or referred to in this Division 74.4 shall have the
7 following respective meanings, unless in any case a different
8 meaning clearly appears from the context.
9 (a) For any redevelopment project area that has been
10 designated pursuant to this Section by an ordinance adopted
11 prior to November 1, 1999 (the effective date of Public Act
12 91-478), "blighted area" shall have the meaning set forth in
13 this Section prior to that date.
14 On and after November 1, 1999, "blighted area" means any
15 improved or vacant area within the boundaries of a
16 redevelopment project area located within the territorial
17 limits of the municipality where:
18 (1) If improved, industrial, commercial, and
19 residential buildings or improvements are detrimental to
20 the public safety, health, or welfare because of a
21 combination of 5 or more of the following factors, each of
22 which is (i) present, with that presence documented, to a
23 meaningful extent so that a municipality may reasonably
24 find that the factor is clearly present within the intent
25 of the Act and (ii) reasonably distributed throughout the
SB2111 Enrolled - 758 - LRB104 09876 LNS 19944 b
1 improved part of the redevelopment project area:
2 (A) Dilapidation. An advanced state of disrepair
3 or neglect of necessary repairs to the primary
4 structural components of buildings or improvements in
5 such a combination that a documented building
6 condition analysis determines that major repair is
7 required or the defects are so serious and so
8 extensive that the buildings must be removed.
9 (B) Obsolescence. The condition or process of
10 falling into disuse. Structures have become ill-suited
11 for the original use.
12 (C) Deterioration. With respect to buildings,
13 defects including, but not limited to, major defects
14 in the secondary building components such as doors,
15 windows, porches, gutters and downspouts, and fascia.
16 With respect to surface improvements, that the
17 condition of roadways, alleys, curbs, gutters,
18 sidewalks, off-street parking, and surface storage
19 areas evidence deterioration, including, but not
20 limited to, surface cracking, crumbling, potholes,
21 depressions, loose paving material, and weeds
22 protruding through paved surfaces.
23 (D) Presence of structures below minimum code
24 standards. All structures that do not meet the
25 standards of zoning, subdivision, building, fire, and
26 other governmental codes applicable to property, but
SB2111 Enrolled - 759 - LRB104 09876 LNS 19944 b
1 not including housing and property maintenance codes.
2 (E) Illegal use of individual structures. The use
3 of structures in violation of applicable federal,
4 State, or local laws, exclusive of those applicable to
5 the presence of structures below minimum code
6 standards.
7 (F) Excessive vacancies. The presence of buildings
8 that are unoccupied or under-utilized and that
9 represent an adverse influence on the area because of
10 the frequency, extent, or duration of the vacancies.
11 (G) Lack of ventilation, light, or sanitary
12 facilities. The absence of adequate ventilation for
13 light or air circulation in spaces or rooms without
14 windows, or that require the removal of dust, odor,
15 gas, smoke, or other noxious airborne materials.
16 Inadequate natural light and ventilation means the
17 absence of skylights or windows for interior spaces or
18 rooms and improper window sizes and amounts by room
19 area to window area ratios. Inadequate sanitary
20 facilities refers to the absence or inadequacy of
21 garbage storage and enclosure, bathroom facilities,
22 hot water and kitchens, and structural inadequacies
23 preventing ingress and egress to and from all rooms
24 and units within a building.
25 (H) Inadequate utilities. Underground and overhead
26 utilities such as storm sewers and storm drainage,
SB2111 Enrolled - 760 - LRB104 09876 LNS 19944 b
1 sanitary sewers, water lines, and gas, telephone, and
2 electrical services that are shown to be inadequate.
3 Inadequate utilities are those that are: (i) of
4 insufficient capacity to serve the uses in the
5 redevelopment project area, (ii) deteriorated,
6 antiquated, obsolete, or in disrepair, or (iii)
7 lacking within the redevelopment project area.
8 (I) Excessive land coverage and overcrowding of
9 structures and community facilities. The
10 over-intensive use of property and the crowding of
11 buildings and accessory facilities onto a site.
12 Examples of problem conditions warranting the
13 designation of an area as one exhibiting excessive
14 land coverage are: (i) the presence of buildings
15 either improperly situated on parcels or located on
16 parcels of inadequate size and shape in relation to
17 present-day standards of development for health and
18 safety and (ii) the presence of multiple buildings on
19 a single parcel. For there to be a finding of excessive
20 land coverage, these parcels must exhibit one or more
21 of the following conditions: insufficient provision
22 for light and air within or around buildings,
23 increased threat of spread of fire due to the close
24 proximity of buildings, lack of adequate or proper
25 access to a public right-of-way, lack of reasonably
26 required off-street parking, or inadequate provision
SB2111 Enrolled - 761 - LRB104 09876 LNS 19944 b
1 for loading and service.
2 (J) Deleterious land use or layout. The existence
3 of incompatible land-use relationships, buildings
4 occupied by inappropriate mixed-uses, or uses
5 considered to be noxious, offensive, or unsuitable for
6 the surrounding area.
7 (K) Environmental clean-up. The proposed
8 redevelopment project area has incurred Illinois
9 Environmental Protection Agency or United States
10 Environmental Protection Agency remediation costs for,
11 or a study conducted by an independent consultant
12 recognized as having expertise in environmental
13 remediation has determined a need for, the clean-up of
14 hazardous waste, hazardous substances, or underground
15 storage tanks required by State or federal law,
16 provided that the remediation costs constitute a
17 material impediment to the development or
18 redevelopment of the redevelopment project area.
19 (L) Lack of community planning. The proposed
20 redevelopment project area was developed prior to or
21 without the benefit or guidance of a community plan.
22 This means that the development occurred prior to the
23 adoption by the municipality of a comprehensive or
24 other community plan or that the plan was not followed
25 at the time of the area's development. This factor
26 must be documented by evidence of adverse or
SB2111 Enrolled - 762 - LRB104 09876 LNS 19944 b
1 incompatible land-use relationships, inadequate street
2 layout, improper subdivision, parcels of inadequate
3 shape and size to meet contemporary development
4 standards, or other evidence demonstrating an absence
5 of effective community planning.
6 (M) The total equalized assessed value of the
7 proposed redevelopment project area has declined for 3
8 of the last 5 calendar years prior to the year in which
9 the redevelopment project area is designated or is
10 increasing at an annual rate that is less than the
11 balance of the municipality for 3 of the last 5
12 calendar years for which information is available or
13 is increasing at an annual rate that is less than the
14 Consumer Price Index for All Urban Consumers published
15 by the United States Department of Labor or successor
16 agency for 3 of the last 5 calendar years prior to the
17 year in which the redevelopment project area is
18 designated.
19 (2) If vacant, the sound growth of the redevelopment
20 project area is impaired by a combination of 2 or more of
21 the following factors, each of which is (i) present, with
22 that presence documented, to a meaningful extent so that a
23 municipality may reasonably find that the factor is
24 clearly present within the intent of the Act and (ii)
25 reasonably distributed throughout the vacant part of the
26 redevelopment project area to which it pertains:
SB2111 Enrolled - 763 - LRB104 09876 LNS 19944 b
1 (A) Obsolete platting of vacant land that results
2 in parcels of limited or narrow size or configurations
3 of parcels of irregular size or shape that would be
4 difficult to develop on a planned basis and in a manner
5 compatible with contemporary standards and
6 requirements, or platting that failed to create
7 rights-of-way rights-of-ways for streets or alleys or
8 that created inadequate right-of-way widths for
9 streets, alleys, or other public rights-of-way or that
10 omitted easements for public utilities.
11 (B) Diversity of ownership of parcels of vacant
12 land sufficient in number to retard or impede the
13 ability to assemble the land for development.
14 (C) Tax and special assessment delinquencies exist
15 or the property has been the subject of tax sales under
16 the Property Tax Code within the last 5 years.
17 (D) Deterioration of structures or site
18 improvements in neighboring areas adjacent to the
19 vacant land.
20 (E) The area has incurred Illinois Environmental
21 Protection Agency or United States Environmental
22 Protection Agency remediation costs for, or a study
23 conducted by an independent consultant recognized as
24 having expertise in environmental remediation has
25 determined a need for, the clean-up of hazardous
26 waste, hazardous substances, or underground storage
SB2111 Enrolled - 764 - LRB104 09876 LNS 19944 b
1 tanks required by State or federal law, provided that
2 the remediation costs constitute a material impediment
3 to the development or redevelopment of the
4 redevelopment project area.
5 (F) The total equalized assessed value of the
6 proposed redevelopment project area has declined for 3
7 of the last 5 calendar years prior to the year in which
8 the redevelopment project area is designated or is
9 increasing at an annual rate that is less than the
10 balance of the municipality for 3 of the last 5
11 calendar years for which information is available or
12 is increasing at an annual rate that is less than the
13 Consumer Price Index for All Urban Consumers published
14 by the United States Department of Labor or successor
15 agency for 3 of the last 5 calendar years prior to the
16 year in which the redevelopment project area is
17 designated.
18 (3) If vacant, the sound growth of the redevelopment
19 project area is impaired by one of the following factors
20 that (i) is present, with that presence documented, to a
21 meaningful extent so that a municipality may reasonably
22 find that the factor is clearly present within the intent
23 of the Act and (ii) is reasonably distributed throughout
24 the vacant part of the redevelopment project area to which
25 it pertains:
26 (A) The area consists of one or more unused
SB2111 Enrolled - 765 - LRB104 09876 LNS 19944 b
1 quarries, mines, or strip mine ponds.
2 (B) The area consists of unused rail yards, rail
3 tracks, or railroad rights-of-way.
4 (C) The area, prior to its designation, is subject
5 to (i) chronic flooding that adversely impacts on real
6 property in the area as certified by a registered
7 professional engineer or appropriate regulatory agency
8 or (ii) surface water that discharges from all or a
9 part of the area and contributes to flooding within
10 the same watershed, but only if the redevelopment
11 project provides for facilities or improvements to
12 contribute to the alleviation of all or part of the
13 flooding.
14 (D) The area consists of an unused or illegal
15 disposal site containing earth, stone, building
16 debris, or similar materials that were removed from
17 construction, demolition, excavation, or dredge sites.
18 (E) Prior to November 1, 1999, the area is not less
19 than 50 nor more than 100 acres and 75% of which is
20 vacant (notwithstanding that the area has been used
21 for commercial agricultural purposes within 5 years
22 prior to the designation of the redevelopment project
23 area), and the area meets at least one of the factors
24 itemized in paragraph (1) of this subsection, the area
25 has been designated as a town or village center by
26 ordinance or comprehensive plan adopted prior to
SB2111 Enrolled - 766 - LRB104 09876 LNS 19944 b
1 January 1, 1982, and the area has not been developed
2 for that designated purpose.
3 (F) The area qualified as a blighted improved area
4 immediately prior to becoming vacant, unless there has
5 been substantial private investment in the immediately
6 surrounding area.
7 (b) For any redevelopment project area that has been
8 designated pursuant to this Section by an ordinance adopted
9 prior to November 1, 1999 (the effective date of Public Act
10 91-478), "conservation area" shall have the meaning set forth
11 in this Section prior to that date.
12 On and after November 1, 1999, "conservation area" means
13 any improved area within the boundaries of a redevelopment
14 project area located within the territorial limits of the
15 municipality in which 50% or more of the structures in the area
16 have an age of 35 years or more. Such an area is not yet a
17 blighted area but because of a combination of 3 or more of the
18 following factors is detrimental to the public safety, health,
19 morals or welfare and such an area may become a blighted area:
20 (1) Dilapidation. An advanced state of disrepair or
21 neglect of necessary repairs to the primary structural
22 components of buildings or improvements in such a
23 combination that a documented building condition analysis
24 determines that major repair is required or the defects
25 are so serious and so extensive that the buildings must be
26 removed.
SB2111 Enrolled - 767 - LRB104 09876 LNS 19944 b
1 (2) Obsolescence. The condition or process of falling
2 into disuse. Structures have become ill-suited for the
3 original use.
4 (3) Deterioration. With respect to buildings, defects
5 including, but not limited to, major defects in the
6 secondary building components such as doors, windows,
7 porches, gutters and downspouts, and fascia. With respect
8 to surface improvements, that the condition of roadways,
9 alleys, curbs, gutters, sidewalks, off-street parking, and
10 surface storage areas evidence deterioration, including,
11 but not limited to, surface cracking, crumbling, potholes,
12 depressions, loose paving material, and weeds protruding
13 through paved surfaces.
14 (4) Presence of structures below minimum code
15 standards. All structures that do not meet the standards
16 of zoning, subdivision, building, fire, and other
17 governmental codes applicable to property, but not
18 including housing and property maintenance codes.
19 (5) Illegal use of individual structures. The use of
20 structures in violation of applicable federal, State, or
21 local laws, exclusive of those applicable to the presence
22 of structures below minimum code standards.
23 (6) Excessive vacancies. The presence of buildings
24 that are unoccupied or under-utilized and that represent
25 an adverse influence on the area because of the frequency,
26 extent, or duration of the vacancies.
SB2111 Enrolled - 768 - LRB104 09876 LNS 19944 b
1 (7) Lack of ventilation, light, or sanitary
2 facilities. The absence of adequate ventilation for light
3 or air circulation in spaces or rooms without windows, or
4 that require the removal of dust, odor, gas, smoke, or
5 other noxious airborne materials. Inadequate natural light
6 and ventilation means the absence or inadequacy of
7 skylights or windows for interior spaces or rooms and
8 improper window sizes and amounts by room area to window
9 area ratios. Inadequate sanitary facilities refers to the
10 absence or inadequacy of garbage storage and enclosure,
11 bathroom facilities, hot water and kitchens, and
12 structural inadequacies preventing ingress and egress to
13 and from all rooms and units within a building.
14 (8) Inadequate utilities. Underground and overhead
15 utilities such as storm sewers and storm drainage,
16 sanitary sewers, water lines, and gas, telephone, and
17 electrical services that are shown to be inadequate.
18 Inadequate utilities are those that are: (i) of
19 insufficient capacity to serve the uses in the
20 redevelopment project area, (ii) deteriorated, antiquated,
21 obsolete, or in disrepair, or (iii) lacking within the
22 redevelopment project area.
23 (9) Excessive land coverage and overcrowding of
24 structures and community facilities. The over-intensive
25 use of property and the crowding of buildings and
26 accessory facilities onto a site. Examples of problem
SB2111 Enrolled - 769 - LRB104 09876 LNS 19944 b
1 conditions warranting the designation of an area as one
2 exhibiting excessive land coverage are: the presence of
3 buildings either improperly situated on parcels or located
4 on parcels of inadequate size and shape in relation to
5 present-day standards of development for health and safety
6 and the presence of multiple buildings on a single parcel.
7 For there to be a finding of excessive land coverage,
8 these parcels must exhibit one or more of the following
9 conditions: insufficient provision for light and air
10 within or around buildings, increased threat of spread of
11 fire due to the close proximity of buildings, lack of
12 adequate or proper access to a public right-of-way, lack
13 of reasonably required off-street parking, or inadequate
14 provision for loading and service.
15 (10) Deleterious land use or layout. The existence of
16 incompatible land-use relationships, buildings occupied by
17 inappropriate mixed-uses, or uses considered to be
18 noxious, offensive, or unsuitable for the surrounding
19 area.
20 (11) Lack of community planning. The proposed
21 redevelopment project area was developed prior to or
22 without the benefit or guidance of a community plan. This
23 means that the development occurred prior to the adoption
24 by the municipality of a comprehensive or other community
25 plan or that the plan was not followed at the time of the
26 area's development. This factor must be documented by
SB2111 Enrolled - 770 - LRB104 09876 LNS 19944 b
1 evidence of adverse or incompatible land-use
2 relationships, inadequate street layout, improper
3 subdivision, parcels of inadequate shape and size to meet
4 contemporary development standards, or other evidence
5 demonstrating an absence of effective community planning.
6 (12) The area has incurred Illinois Environmental
7 Protection Agency or United States Environmental
8 Protection Agency remediation costs for, or a study
9 conducted by an independent consultant recognized as
10 having expertise in environmental remediation has
11 determined a need for, the clean-up of hazardous waste,
12 hazardous substances, or underground storage tanks
13 required by State or federal law, provided that the
14 remediation costs constitute a material impediment to the
15 development or redevelopment of the redevelopment project
16 area.
17 (13) The total equalized assessed value of the
18 proposed redevelopment project area has declined for 3 of
19 the last 5 calendar years for which information is
20 available or is increasing at an annual rate that is less
21 than the balance of the municipality for 3 of the last 5
22 calendar years for which information is available or is
23 increasing at an annual rate that is less than the
24 Consumer Price Index for All Urban Consumers published by
25 the United States Department of Labor or successor agency
26 for 3 of the last 5 calendar years for which information is
SB2111 Enrolled - 771 - LRB104 09876 LNS 19944 b
1 available.
2 (c) "Industrial park" means an area in a blighted or
3 conservation area suitable for use by any manufacturing,
4 industrial, research or transportation enterprise, of
5 facilities to include but not be limited to factories, mills,
6 processing plants, assembly plants, packing plants,
7 fabricating plants, industrial distribution centers,
8 warehouses, repair overhaul or service facilities, freight
9 terminals, research facilities, test facilities or railroad
10 facilities.
11 (d) "Industrial park conservation area" means an area
12 within the boundaries of a redevelopment project area located
13 within the territorial limits of a municipality that is a
14 labor surplus municipality or within 1 1/2 miles of the
15 territorial limits of a municipality that is a labor surplus
16 municipality if the area is annexed to the municipality; which
17 area is zoned as industrial no later than at the time the
18 municipality by ordinance designates the redevelopment project
19 area, and which area includes both vacant land suitable for
20 use as an industrial park and a blighted area or conservation
21 area contiguous to such vacant land.
22 (e) "Labor surplus municipality" means a municipality in
23 which, at any time during the 6 months before the municipality
24 by ordinance designates an industrial park conservation area,
25 the unemployment rate was over 6% and was also 100% or more of
26 the national average unemployment rate for that same time as
SB2111 Enrolled - 772 - LRB104 09876 LNS 19944 b
1 published in the United States Department of Labor Bureau of
2 Labor Statistics publication entitled "The Employment
3 Situation" or its successor publication. For the purpose of
4 this subsection, if unemployment rate statistics for the
5 municipality are not available, the unemployment rate in the
6 municipality shall be deemed to be the same as the
7 unemployment rate in the principal county in which the
8 municipality is located.
9 (f) "Municipality" shall mean a city, village,
10 incorporated town, or a township that is located in the
11 unincorporated portion of a county with 3 million or more
12 inhabitants, if the county adopted an ordinance that approved
13 the township's redevelopment plan.
14 (g) "Initial Sales Tax Amounts" means the amount of taxes
15 paid under the Retailers' Occupation Tax Act, Use Tax Act,
16 Service Use Tax Act, the Service Occupation Tax Act, the
17 Municipal Retailers' Occupation Tax Act, and the Municipal
18 Service Occupation Tax Act by retailers and servicemen on
19 transactions at places located in a State Sales Tax Boundary
20 during the calendar year 1985.
21 (g-1) "Revised Initial Sales Tax Amounts" means the amount
22 of taxes paid under the Retailers' Occupation Tax Act, Use Tax
23 Act, Service Use Tax Act, the Service Occupation Tax Act, the
24 Municipal Retailers' Occupation Tax Act, and the Municipal
25 Service Occupation Tax Act by retailers and servicemen on
26 transactions at places located within the State Sales Tax
SB2111 Enrolled - 773 - LRB104 09876 LNS 19944 b
1 Boundary revised pursuant to Section 11-74.4-8a(9) of this
2 Act.
3 (h) "Municipal Sales Tax Increment" means an amount equal
4 to the increase in the aggregate amount of taxes paid to a
5 municipality from the Local Government Tax Fund arising from
6 sales by retailers and servicemen within the redevelopment
7 project area or State Sales Tax Boundary, as the case may be,
8 for as long as the redevelopment project area or State Sales
9 Tax Boundary, as the case may be, exist over and above the
10 aggregate amount of taxes as certified by the Illinois
11 Department of Revenue and paid under the Municipal Retailers'
12 Occupation Tax Act and the Municipal Service Occupation Tax
13 Act by retailers and servicemen, on transactions at places of
14 business located in the redevelopment project area or State
15 Sales Tax Boundary, as the case may be, during the base year
16 which shall be the calendar year immediately prior to the year
17 in which the municipality adopted tax increment allocation
18 financing. For purposes of computing the aggregate amount of
19 such taxes for base years occurring prior to 1985, the
20 Department of Revenue shall determine the Initial Sales Tax
21 Amounts for such taxes and deduct therefrom an amount equal to
22 4% of the aggregate amount of taxes per year for each year the
23 base year is prior to 1985, but not to exceed a total deduction
24 of 12%. The amount so determined shall be known as the
25 "Adjusted Initial Sales Tax Amounts". For purposes of
26 determining the Municipal Sales Tax Increment, the Department
SB2111 Enrolled - 774 - LRB104 09876 LNS 19944 b
1 of Revenue shall for each period subtract from the amount paid
2 to the municipality from the Local Government Tax Fund arising
3 from sales by retailers and servicemen on transactions located
4 in the redevelopment project area or the State Sales Tax
5 Boundary, as the case may be, the certified Initial Sales Tax
6 Amounts, the Adjusted Initial Sales Tax Amounts or the Revised
7 Initial Sales Tax Amounts for the Municipal Retailers'
8 Occupation Tax Act and the Municipal Service Occupation Tax
9 Act. For the State Fiscal Year 1989, this calculation shall be
10 made by utilizing the calendar year 1987 to determine the tax
11 amounts received. For the State Fiscal Year 1990, this
12 calculation shall be made by utilizing the period from January
13 1, 1988, until September 30, 1988, to determine the tax
14 amounts received from retailers and servicemen pursuant to the
15 Municipal Retailers' Occupation Tax and the Municipal Service
16 Occupation Tax Act, which shall have deducted therefrom
17 nine-twelfths of the certified Initial Sales Tax Amounts, the
18 Adjusted Initial Sales Tax Amounts or the Revised Initial
19 Sales Tax Amounts as appropriate. For the State Fiscal Year
20 1991, this calculation shall be made by utilizing the period
21 from October 1, 1988, to June 30, 1989, to determine the tax
22 amounts received from retailers and servicemen pursuant to the
23 Municipal Retailers' Occupation Tax and the Municipal Service
24 Occupation Tax Act which shall have deducted therefrom
25 nine-twelfths of the certified Initial Sales Tax Amounts,
26 Adjusted Initial Sales Tax Amounts or the Revised Initial
SB2111 Enrolled - 775 - LRB104 09876 LNS 19944 b
1 Sales Tax Amounts as appropriate. For every State Fiscal Year
2 thereafter, the applicable period shall be the 12 months
3 beginning July 1 and ending June 30 to determine the tax
4 amounts received which shall have deducted therefrom the
5 certified Initial Sales Tax Amounts, the Adjusted Initial
6 Sales Tax Amounts or the Revised Initial Sales Tax Amounts, as
7 the case may be.
8 (i) "Net State Sales Tax Increment" means the sum of the
9 following: (a) 80% of the first $100,000 of State Sales Tax
10 Increment annually generated within a State Sales Tax
11 Boundary; (b) 60% of the amount in excess of $100,000 but not
12 exceeding $500,000 of State Sales Tax Increment annually
13 generated within a State Sales Tax Boundary; and (c) 40% of all
14 amounts in excess of $500,000 of State Sales Tax Increment
15 annually generated within a State Sales Tax Boundary. If,
16 however, a municipality established a tax increment financing
17 district in a county with a population in excess of 3,000,000
18 before January 1, 1986, and the municipality entered into a
19 contract or issued bonds after January 1, 1986, but before
20 December 31, 1986, to finance redevelopment project costs
21 within a State Sales Tax Boundary, then the Net State Sales Tax
22 Increment means, for the fiscal years beginning July 1, 1990,
23 and July 1, 1991, 100% of the State Sales Tax Increment
24 annually generated within a State Sales Tax Boundary; and
25 notwithstanding any other provision of this Act, for those
26 fiscal years the Department of Revenue shall distribute to
SB2111 Enrolled - 776 - LRB104 09876 LNS 19944 b
1 those municipalities 100% of their Net State Sales Tax
2 Increment before any distribution to any other municipality
3 and regardless of whether or not those other municipalities
4 will receive 100% of their Net State Sales Tax Increment. For
5 Fiscal Year 1999, and every year thereafter until the year
6 2007, for any municipality that has not entered into a
7 contract or has not issued bonds prior to June 1, 1988 to
8 finance redevelopment project costs within a State Sales Tax
9 Boundary, the Net State Sales Tax Increment shall be
10 calculated as follows: By multiplying the Net State Sales Tax
11 Increment by 90% in the State Fiscal Year 1999; 80% in the
12 State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60%
13 in the State Fiscal Year 2002; 50% in the State Fiscal Year
14 2003; 40% in the State Fiscal Year 2004; 30% in the State
15 Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in
16 the State Fiscal Year 2007. No payment shall be made for State
17 Fiscal Year 2008 and thereafter.
18 Municipalities that issued bonds in connection with a
19 redevelopment project in a redevelopment project area within
20 the State Sales Tax Boundary prior to July 29, 1991, or that
21 entered into contracts in connection with a redevelopment
22 project in a redevelopment project area before June 1, 1988,
23 shall continue to receive their proportional share of the
24 Illinois Tax Increment Fund distribution until the date on
25 which the redevelopment project is completed or terminated.
26 If, however, a municipality that issued bonds in connection
SB2111 Enrolled - 777 - LRB104 09876 LNS 19944 b
1 with a redevelopment project in a redevelopment project area
2 within the State Sales Tax Boundary prior to July 29, 1991
3 retires the bonds prior to June 30, 2007 or a municipality that
4 entered into contracts in connection with a redevelopment
5 project in a redevelopment project area before June 1, 1988
6 completes the contracts prior to June 30, 2007, then so long as
7 the redevelopment project is not completed or is not
8 terminated, the Net State Sales Tax Increment shall be
9 calculated, beginning on the date on which the bonds are
10 retired or the contracts are completed, as follows: By
11 multiplying the Net State Sales Tax Increment by 60% in the
12 State Fiscal Year 2002; 50% in the State Fiscal Year 2003; 40%
13 in the State Fiscal Year 2004; 30% in the State Fiscal Year
14 2005; 20% in the State Fiscal Year 2006; and 10% in the State
15 Fiscal Year 2007. No payment shall be made for State Fiscal
16 Year 2008 and thereafter. Refunding of any bonds issued prior
17 to July 29, 1991, shall not alter the Net State Sales Tax
18 Increment.
19 (j) "State Utility Tax Increment Amount" means an amount
20 equal to the aggregate increase in State electric and gas tax
21 charges imposed on owners and tenants, other than residential
22 customers, of properties located within the redevelopment
23 project area under Section 9-222 of the Public Utilities Act,
24 over and above the aggregate of such charges as certified by
25 the Department of Revenue and paid by owners and tenants,
26 other than residential customers, of properties within the
SB2111 Enrolled - 778 - LRB104 09876 LNS 19944 b
1 redevelopment project area during the base year, which shall
2 be the calendar year immediately prior to the year of the
3 adoption of the ordinance authorizing tax increment allocation
4 financing.
5 (k) "Net State Utility Tax Increment" means the sum of the
6 following: (a) 80% of the first $100,000 of State Utility Tax
7 Increment annually generated by a redevelopment project area;
8 (b) 60% of the amount in excess of $100,000 but not exceeding
9 $500,000 of the State Utility Tax Increment annually generated
10 by a redevelopment project area; and (c) 40% of all amounts in
11 excess of $500,000 of State Utility Tax Increment annually
12 generated by a redevelopment project area. For the State
13 Fiscal Year 1999, and every year thereafter until the year
14 2007, for any municipality that has not entered into a
15 contract or has not issued bonds prior to June 1, 1988 to
16 finance redevelopment project costs within a redevelopment
17 project area, the Net State Utility Tax Increment shall be
18 calculated as follows: By multiplying the Net State Utility
19 Tax Increment by 90% in the State Fiscal Year 1999; 80% in the
20 State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60%
21 in the State Fiscal Year 2002; 50% in the State Fiscal Year
22 2003; 40% in the State Fiscal Year 2004; 30% in the State
23 Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in
24 the State Fiscal Year 2007. No payment shall be made for the
25 State Fiscal Year 2008 and thereafter.
26 Municipalities that issue bonds in connection with the
SB2111 Enrolled - 779 - LRB104 09876 LNS 19944 b
1 redevelopment project during the period from June 1, 1988
2 until 3 years after the effective date of this Amendatory Act
3 of 1988 shall receive the Net State Utility Tax Increment,
4 subject to appropriation, for 15 State Fiscal Years after the
5 issuance of such bonds. For the 16th through the 20th State
6 Fiscal Years after issuance of the bonds, the Net State
7 Utility Tax Increment shall be calculated as follows: By
8 multiplying the Net State Utility Tax Increment by 90% in year
9 16; 80% in year 17; 70% in year 18; 60% in year 19; and 50% in
10 year 20. Refunding of any bonds issued prior to June 1, 1988,
11 shall not alter the revised Net State Utility Tax Increment
12 payments set forth above.
13 (l) "Obligations" mean bonds, loans, debentures, notes,
14 special certificates or other evidence of indebtedness issued
15 by the municipality to carry out a redevelopment project or to
16 refund outstanding obligations.
17 (m) "Payment in lieu of taxes" means those estimated tax
18 revenues from real property in a redevelopment project area
19 derived from real property that has been acquired by a
20 municipality which according to the redevelopment project or
21 plan is to be used for a private use which taxing districts
22 would have received had a municipality not acquired the real
23 property and adopted tax increment allocation financing and
24 which would result from levies made after the time of the
25 adoption of tax increment allocation financing to the time the
26 current equalized value of real property in the redevelopment
SB2111 Enrolled - 780 - LRB104 09876 LNS 19944 b
1 project area exceeds the total initial equalized value of real
2 property in said area.
3 (n) "Redevelopment plan" means the comprehensive program
4 of the municipality for development or redevelopment intended
5 by the payment of redevelopment project costs to reduce or
6 eliminate those conditions the existence of which qualified
7 the redevelopment project area as a "blighted area" or
8 "conservation area" or combination thereof or "industrial park
9 conservation area," and thereby to enhance the tax bases of
10 the taxing districts which extend into the redevelopment
11 project area, provided that, with respect to redevelopment
12 project areas described in subsections (p-1) and (p-2),
13 "redevelopment plan" means the comprehensive program of the
14 affected municipality for the development of qualifying
15 transit facilities. On and after November 1, 1999 (the
16 effective date of Public Act 91-478), no redevelopment plan
17 may be approved or amended that includes the development of
18 vacant land (i) with a golf course and related clubhouse and
19 other facilities or (ii) designated by federal, State, county,
20 or municipal government as public land for outdoor
21 recreational activities or for nature preserves and used for
22 that purpose within 5 years prior to the adoption of the
23 redevelopment plan. For the purpose of this subsection,
24 "recreational activities" is limited to mean camping and
25 hunting. Each redevelopment plan shall set forth in writing
26 the program to be undertaken to accomplish the objectives and
SB2111 Enrolled - 781 - LRB104 09876 LNS 19944 b
1 shall include but not be limited to:
2 (A) an itemized list of estimated redevelopment
3 project costs;
4 (B) evidence indicating that the redevelopment project
5 area on the whole has not been subject to growth and
6 development through investment by private enterprise,
7 provided that such evidence shall not be required for any
8 redevelopment project area located within a transit
9 facility improvement area established pursuant to Section
10 11-74.4-3.3;
11 (C) an assessment of any financial impact of the
12 redevelopment project area on or any increased demand for
13 services from any taxing district affected by the plan and
14 any program to address such financial impact or increased
15 demand;
16 (D) the sources of funds to pay costs;
17 (E) the nature and term of the obligations to be
18 issued;
19 (F) the most recent equalized assessed valuation of
20 the redevelopment project area;
21 (G) an estimate as to the equalized assessed valuation
22 after redevelopment and the general land uses to apply in
23 the redevelopment project area;
24 (H) a commitment to fair employment practices and an
25 affirmative action plan;
26 (I) if it concerns an industrial park conservation
SB2111 Enrolled - 782 - LRB104 09876 LNS 19944 b
1 area, the plan shall also include a general description of
2 any proposed developer, user and tenant of any property, a
3 description of the type, structure and general character
4 of the facilities to be developed, a description of the
5 type, class and number of new employees to be employed in
6 the operation of the facilities to be developed; and
7 (J) if property is to be annexed to the municipality,
8 the plan shall include the terms of the annexation
9 agreement.
10 The provisions of items (B) and (C) of this subsection (n)
11 shall not apply to a municipality that before March 14, 1994
12 (the effective date of Public Act 88-537) had fixed, either by
13 its corporate authorities or by a commission designated under
14 subsection (k) of Section 11-74.4-4, a time and place for a
15 public hearing as required by subsection (a) of Section
16 11-74.4-5. No redevelopment plan shall be adopted unless a
17 municipality complies with all of the following requirements:
18 (1) The municipality finds that the redevelopment
19 project area on the whole has not been subject to growth
20 and development through investment by private enterprise
21 and would not reasonably be anticipated to be developed
22 without the adoption of the redevelopment plan, provided,
23 however, that such a finding shall not be required with
24 respect to any redevelopment project area located within a
25 transit facility improvement area established pursuant to
26 Section 11-74.4-3.3.
SB2111 Enrolled - 783 - LRB104 09876 LNS 19944 b
1 (2) The municipality finds that the redevelopment plan
2 and project conform to the comprehensive plan for the
3 development of the municipality as a whole, or, for
4 municipalities with a population of 100,000 or more,
5 regardless of when the redevelopment plan and project was
6 adopted, the redevelopment plan and project either: (i)
7 conforms to the strategic economic development or
8 redevelopment plan issued by the designated planning
9 authority of the municipality, or (ii) includes land uses
10 that have been approved by the planning commission of the
11 municipality.
12 (3) The redevelopment plan establishes the estimated
13 dates of completion of the redevelopment project and
14 retirement of obligations issued to finance redevelopment
15 project costs. Those dates may not be later than the dates
16 set forth under Section 11-74.4-3.5.
17 A municipality may by municipal ordinance amend an
18 existing redevelopment plan to conform to this paragraph
19 (3) as amended by Public Act 91-478, which municipal
20 ordinance may be adopted without further hearing or notice
21 and without complying with the procedures provided in this
22 Act pertaining to an amendment to or the initial approval
23 of a redevelopment plan and project and designation of a
24 redevelopment project area.
25 (3.5) The municipality finds, in the case of an
26 industrial park conservation area, also that the
SB2111 Enrolled - 784 - LRB104 09876 LNS 19944 b
1 municipality is a labor surplus municipality and that the
2 implementation of the redevelopment plan will reduce
3 unemployment, create new jobs and by the provision of new
4 facilities enhance the tax base of the taxing districts
5 that extend into the redevelopment project area.
6 (4) If any incremental revenues are being utilized
7 under Section 8(a)(1) or 8(a)(2) of this Act in
8 redevelopment project areas approved by ordinance after
9 January 1, 1986, the municipality finds: (a) that the
10 redevelopment project area would not reasonably be
11 developed without the use of such incremental revenues,
12 and (b) that such incremental revenues will be exclusively
13 utilized for the development of the redevelopment project
14 area.
15 (5) If: (a) the redevelopment plan will not result in
16 displacement of residents from 10 or more inhabited
17 residential units, and the municipality certifies in the
18 plan that such displacement will not result from the plan;
19 or (b) the redevelopment plan is for a redevelopment
20 project area or a qualifying transit facility located
21 within a transit facility improvement area established
22 pursuant to Section 11-74.4-3.3, and the applicable
23 project is subject to the process for evaluation of
24 environmental effects under the National Environmental
25 Policy Act of 1969, 42 U.S.C. 4321 et seq., then a housing
26 impact study need not be performed. If, however, the
SB2111 Enrolled - 785 - LRB104 09876 LNS 19944 b
1 redevelopment plan would result in the displacement of
2 residents from 10 or more inhabited residential units, or
3 if the redevelopment project area contains 75 or more
4 inhabited residential units and no certification is made,
5 then the municipality shall prepare, as part of the
6 separate feasibility report required by subsection (a) of
7 Section 11-74.4-5, a housing impact study.
8 Part I of the housing impact study shall include (i)
9 data as to whether the residential units are single family
10 or multi-family units, (ii) the number and type of rooms
11 within the units, if that information is available, (iii)
12 whether the units are inhabited or uninhabited, as
13 determined not less than 45 days before the date that the
14 ordinance or resolution required by subsection (a) of
15 Section 11-74.4-5 is passed, and (iv) data as to the
16 racial and ethnic composition of the residents in the
17 inhabited residential units. The data requirement as to
18 the racial and ethnic composition of the residents in the
19 inhabited residential units shall be deemed to be fully
20 satisfied by data from the most recent federal census.
21 Part II of the housing impact study shall identify the
22 inhabited residential units in the proposed redevelopment
23 project area that are to be or may be removed. If inhabited
24 residential units are to be removed, then the housing
25 impact study shall identify (i) the number and location of
26 those units that will or may be removed, (ii) the
SB2111 Enrolled - 786 - LRB104 09876 LNS 19944 b
1 municipality's plans for relocation assistance for those
2 residents in the proposed redevelopment project area whose
3 residences are to be removed, (iii) the availability of
4 replacement housing for those residents whose residences
5 are to be removed, and shall identify the type, location,
6 and cost of the housing, and (iv) the type and extent of
7 relocation assistance to be provided.
8 (6) On and after November 1, 1999, the housing impact
9 study required by paragraph (5) shall be incorporated in
10 the redevelopment plan for the redevelopment project area.
11 (7) On and after November 1, 1999, no redevelopment
12 plan shall be adopted, nor an existing plan amended, nor
13 shall residential housing that is occupied by households
14 of low-income and very low-income persons in currently
15 existing redevelopment project areas be removed after
16 November 1, 1999 unless the redevelopment plan provides,
17 with respect to inhabited housing units that are to be
18 removed for households of low-income and very low-income
19 persons, affordable housing and relocation assistance not
20 less than that which would be provided under the federal
21 Uniform Relocation Assistance and Real Property
22 Acquisition Policies Act of 1970 and the regulations under
23 that Act, including the eligibility criteria. Affordable
24 housing may be either existing or newly constructed
25 housing. For purposes of this paragraph (7), "low-income
26 households", "very low-income households", and "affordable
SB2111 Enrolled - 787 - LRB104 09876 LNS 19944 b
1 housing" have the meanings set forth in the Illinois
2 Affordable Housing Act. The municipality shall make a good
3 faith effort to ensure that this affordable housing is
4 located in or near the redevelopment project area within
5 the municipality.
6 (8) On and after November 1, 1999, if, after the
7 adoption of the redevelopment plan for the redevelopment
8 project area, any municipality desires to amend its
9 redevelopment plan to remove more inhabited residential
10 units than specified in its original redevelopment plan,
11 that change shall be made in accordance with the
12 procedures in subsection (c) of Section 11-74.4-5.
13 (9) For redevelopment project areas designated prior
14 to November 1, 1999, the redevelopment plan may be amended
15 without further joint review board meeting or hearing,
16 provided that the municipality shall give notice of any
17 such changes by mail to each affected taxing district and
18 registrant on the interested party registry, to authorize
19 the municipality to expend tax increment revenues for
20 redevelopment project costs defined by paragraphs (5) and
21 (7.5), subparagraphs (E) and (F) of paragraph (11), and
22 paragraph (11.5) of subsection (q) of Section 11-74.4-3,
23 so long as the changes do not increase the total estimated
24 redevelopment project costs set out in the redevelopment
25 plan by more than 5% after adjustment for inflation from
26 the date the plan was adopted.
SB2111 Enrolled - 788 - LRB104 09876 LNS 19944 b
1 (o) "Redevelopment project" means any public and private
2 development project in furtherance of the objectives of a
3 redevelopment plan. On and after November 1, 1999 (the
4 effective date of Public Act 91-478), no redevelopment plan
5 may be approved or amended that includes the development of
6 vacant land (i) with a golf course and related clubhouse and
7 other facilities or (ii) designated by federal, State, county,
8 or municipal government as public land for outdoor
9 recreational activities or for nature preserves and used for
10 that purpose within 5 years prior to the adoption of the
11 redevelopment plan. For the purpose of this subsection,
12 "recreational activities" is limited to mean camping and
13 hunting.
14 (p) "Redevelopment project area" means an area designated
15 by the municipality, which is not less in the aggregate than 1
16 1/2 acres and in respect to which the municipality has made a
17 finding that there exist conditions which cause the area to be
18 classified as an industrial park conservation area or a
19 blighted area or a conservation area, or a combination of both
20 blighted areas and conservation areas.
21 (p-1) Notwithstanding any provision of this Act to the
22 contrary, on and after August 25, 2009 (the effective date of
23 Public Act 96-680), a redevelopment project area may include
24 areas within a one-half mile radius of an existing or proposed
25 Northern Illinois Transit Regional Transportation Authority
26 Suburban Transit Access Route (STAR Line) station without a
SB2111 Enrolled - 789 - LRB104 09876 LNS 19944 b
1 finding that the area is classified as an industrial park
2 conservation area, a blighted area, a conservation area, or a
3 combination thereof, but only if the municipality receives
4 unanimous consent from the joint review board created to
5 review the proposed redevelopment project area.
6 (p-2) Notwithstanding any provision of this Act to the
7 contrary, on and after the effective date of this amendatory
8 Act of the 99th General Assembly, a redevelopment project area
9 may include areas within a transit facility improvement area
10 that has been established pursuant to Section 11-74.4-3.3
11 without a finding that the area is classified as an industrial
12 park conservation area, a blighted area, a conservation area,
13 or any combination thereof.
14 (q) "Redevelopment project costs", except for
15 redevelopment project areas created pursuant to subsection
16 (p-1) or (p-2), means and includes the sum total of all
17 reasonable or necessary costs incurred or estimated to be
18 incurred, and any such costs incidental to a redevelopment
19 plan and a redevelopment project. Such costs include, without
20 limitation, the following:
21 (1) Costs of studies, surveys, development of plans,
22 and specifications, implementation and administration of
23 the redevelopment plan including but not limited to staff
24 and professional service costs for architectural,
25 engineering, legal, financial, planning or other services,
26 provided however that no charges for professional services
SB2111 Enrolled - 790 - LRB104 09876 LNS 19944 b
1 may be based on a percentage of the tax increment
2 collected; except that on and after November 1, 1999 (the
3 effective date of Public Act 91-478), no contracts for
4 professional services, excluding architectural and
5 engineering services, may be entered into if the terms of
6 the contract extend beyond a period of 3 years. In
7 addition, "redevelopment project costs" shall not include
8 lobbying expenses. After consultation with the
9 municipality, each tax increment consultant or advisor to
10 a municipality that plans to designate or has designated a
11 redevelopment project area shall inform the municipality
12 in writing of any contracts that the consultant or advisor
13 has entered into with entities or individuals that have
14 received, or are receiving, payments financed by tax
15 increment revenues produced by the redevelopment project
16 area with respect to which the consultant or advisor has
17 performed, or will be performing, service for the
18 municipality. This requirement shall be satisfied by the
19 consultant or advisor before the commencement of services
20 for the municipality and thereafter whenever any other
21 contracts with those individuals or entities are executed
22 by the consultant or advisor;
23 (1.5) After July 1, 1999, annual administrative costs
24 shall not include general overhead or administrative costs
25 of the municipality that would still have been incurred by
26 the municipality if the municipality had not designated a
SB2111 Enrolled - 791 - LRB104 09876 LNS 19944 b
1 redevelopment project area or approved a redevelopment
2 plan;
3 (1.6) The cost of marketing sites within the
4 redevelopment project area to prospective businesses,
5 developers, and investors;
6 (2) Property assembly costs, including but not limited
7 to acquisition of land and other property, real or
8 personal, or rights or interests therein, demolition of
9 buildings, site preparation, site improvements that serve
10 as an engineered barrier addressing ground level or below
11 ground environmental contamination, including, but not
12 limited to parking lots and other concrete or asphalt
13 barriers, and the clearing and grading of land;
14 (3) Costs of rehabilitation, reconstruction or repair
15 or remodeling of existing public or private buildings,
16 fixtures, and leasehold improvements; and the cost of
17 replacing an existing public building if pursuant to the
18 implementation of a redevelopment project the existing
19 public building is to be demolished to use the site for
20 private investment or devoted to a different use requiring
21 private investment; including any direct or indirect costs
22 relating to Green Globes or LEED certified construction
23 elements or construction elements with an equivalent
24 certification;
25 (4) Costs of the construction of public works or
26 improvements, including any direct or indirect costs
SB2111 Enrolled - 792 - LRB104 09876 LNS 19944 b
1 relating to Green Globes or LEED certified construction
2 elements or construction elements with an equivalent
3 certification, except that on and after November 1, 1999,
4 redevelopment project costs shall not include the cost of
5 constructing a new municipal public building principally
6 used to provide offices, storage space, or conference
7 facilities or vehicle storage, maintenance, or repair for
8 administrative, public safety, or public works personnel
9 and that is not intended to replace an existing public
10 building as provided under paragraph (3) of subsection (q)
11 of Section 11-74.4-3 unless either (i) the construction of
12 the new municipal building implements a redevelopment
13 project that was included in a redevelopment plan that was
14 adopted by the municipality prior to November 1, 1999,
15 (ii) the municipality makes a reasonable determination in
16 the redevelopment plan, supported by information that
17 provides the basis for that determination, that the new
18 municipal building is required to meet an increase in the
19 need for public safety purposes anticipated to result from
20 the implementation of the redevelopment plan, or (iii) the
21 new municipal public building is for the storage,
22 maintenance, or repair of transit vehicles and is located
23 in a transit facility improvement area that has been
24 established pursuant to Section 11-74.4-3.3;
25 (5) Costs of job training and retraining projects,
26 including the cost of "welfare to work" programs
SB2111 Enrolled - 793 - LRB104 09876 LNS 19944 b
1 implemented by businesses located within the redevelopment
2 project area;
3 (6) Financing costs, including but not limited to all
4 necessary and incidental expenses related to the issuance
5 of obligations and which may include payment of interest
6 on any obligations issued hereunder including interest
7 accruing during the estimated period of construction of
8 any redevelopment project for which such obligations are
9 issued and for not exceeding 36 months thereafter and
10 including reasonable reserves related thereto;
11 (7) To the extent the municipality by written
12 agreement accepts and approves the same, all or a portion
13 of a taxing district's capital costs resulting from the
14 redevelopment project necessarily incurred or to be
15 incurred within a taxing district in furtherance of the
16 objectives of the redevelopment plan and project;
17 (7.5) For redevelopment project areas designated (or
18 redevelopment project areas amended to add or increase the
19 number of tax-increment-financing assisted housing units)
20 on or after November 1, 1999, an elementary, secondary, or
21 unit school district's increased costs attributable to
22 assisted housing units located within the redevelopment
23 project area for which the developer or redeveloper
24 receives financial assistance through an agreement with
25 the municipality or because the municipality incurs the
26 cost of necessary infrastructure improvements within the
SB2111 Enrolled - 794 - LRB104 09876 LNS 19944 b
1 boundaries of the assisted housing sites necessary for the
2 completion of that housing as authorized by this Act, and
3 which costs shall be paid by the municipality from the
4 Special Tax Allocation Fund when the tax increment revenue
5 is received as a result of the assisted housing units and
6 shall be calculated annually as follows:
7 (A) for foundation districts, excluding any school
8 district in a municipality with a population in excess
9 of 1,000,000, by multiplying the district's increase
10 in attendance resulting from the net increase in new
11 students enrolled in that school district who reside
12 in housing units within the redevelopment project area
13 that have received financial assistance through an
14 agreement with the municipality or because the
15 municipality incurs the cost of necessary
16 infrastructure improvements within the boundaries of
17 the housing sites necessary for the completion of that
18 housing as authorized by this Act since the
19 designation of the redevelopment project area by the
20 most recently available per capita tuition cost as
21 defined in Section 10-20.12a of the School Code less
22 any increase in general State aid as defined in
23 Section 18-8.05 of the School Code or evidence-based
24 funding as defined in Section 18-8.15 of the School
25 Code attributable to these added new students subject
26 to the following annual limitations:
SB2111 Enrolled - 795 - LRB104 09876 LNS 19944 b
1 (i) for unit school districts with a district
2 average 1995-96 Per Capita Tuition Charge of less
3 than $5,900, no more than 25% of the total amount
4 of property tax increment revenue produced by
5 those housing units that have received tax
6 increment finance assistance under this Act;
7 (ii) for elementary school districts with a
8 district average 1995-96 Per Capita Tuition Charge
9 of less than $5,900, no more than 17% of the total
10 amount of property tax increment revenue produced
11 by those housing units that have received tax
12 increment finance assistance under this Act; and
13 (iii) for secondary school districts with a
14 district average 1995-96 Per Capita Tuition Charge
15 of less than $5,900, no more than 8% of the total
16 amount of property tax increment revenue produced
17 by those housing units that have received tax
18 increment finance assistance under this Act.
19 (B) For alternate method districts, flat grant
20 districts, and foundation districts with a district
21 average 1995-96 Per Capita Tuition Charge equal to or
22 more than $5,900, excluding any school district with a
23 population in excess of 1,000,000, by multiplying the
24 district's increase in attendance resulting from the
25 net increase in new students enrolled in that school
26 district who reside in housing units within the
SB2111 Enrolled - 796 - LRB104 09876 LNS 19944 b
1 redevelopment project area that have received
2 financial assistance through an agreement with the
3 municipality or because the municipality incurs the
4 cost of necessary infrastructure improvements within
5 the boundaries of the housing sites necessary for the
6 completion of that housing as authorized by this Act
7 since the designation of the redevelopment project
8 area by the most recently available per capita tuition
9 cost as defined in Section 10-20.12a of the School
10 Code less any increase in general state aid as defined
11 in Section 18-8.05 of the School Code or
12 evidence-based funding as defined in Section 18-8.15
13 of the School Code attributable to these added new
14 students subject to the following annual limitations:
15 (i) for unit school districts, no more than
16 40% of the total amount of property tax increment
17 revenue produced by those housing units that have
18 received tax increment finance assistance under
19 this Act;
20 (ii) for elementary school districts, no more
21 than 27% of the total amount of property tax
22 increment revenue produced by those housing units
23 that have received tax increment finance
24 assistance under this Act; and
25 (iii) for secondary school districts, no more
26 than 13% of the total amount of property tax
SB2111 Enrolled - 797 - LRB104 09876 LNS 19944 b
1 increment revenue produced by those housing units
2 that have received tax increment finance
3 assistance under this Act.
4 (C) For any school district in a municipality with
5 a population in excess of 1,000,000, the following
6 restrictions shall apply to the reimbursement of
7 increased costs under this paragraph (7.5):
8 (i) no increased costs shall be reimbursed
9 unless the school district certifies that each of
10 the schools affected by the assisted housing
11 project is at or over its student capacity;
12 (ii) the amount reimbursable shall be reduced
13 by the value of any land donated to the school
14 district by the municipality or developer, and by
15 the value of any physical improvements made to the
16 schools by the municipality or developer; and
17 (iii) the amount reimbursed may not affect
18 amounts otherwise obligated by the terms of any
19 bonds, notes, or other funding instruments, or the
20 terms of any redevelopment agreement.
21 Any school district seeking payment under this
22 paragraph (7.5) shall, after July 1 and before
23 September 30 of each year, provide the municipality
24 with reasonable evidence to support its claim for
25 reimbursement before the municipality shall be
26 required to approve or make the payment to the school
SB2111 Enrolled - 798 - LRB104 09876 LNS 19944 b
1 district. If the school district fails to provide the
2 information during this period in any year, it shall
3 forfeit any claim to reimbursement for that year.
4 School districts may adopt a resolution waiving the
5 right to all or a portion of the reimbursement
6 otherwise required by this paragraph (7.5). By
7 acceptance of this reimbursement the school district
8 waives the right to directly or indirectly set aside,
9 modify, or contest in any manner the establishment of
10 the redevelopment project area or projects;
11 (7.7) For redevelopment project areas designated (or
12 redevelopment project areas amended to add or increase the
13 number of tax-increment-financing assisted housing units)
14 on or after January 1, 2005 (the effective date of Public
15 Act 93-961), a public library district's increased costs
16 attributable to assisted housing units located within the
17 redevelopment project area for which the developer or
18 redeveloper receives financial assistance through an
19 agreement with the municipality or because the
20 municipality incurs the cost of necessary infrastructure
21 improvements within the boundaries of the assisted housing
22 sites necessary for the completion of that housing as
23 authorized by this Act shall be paid to the library
24 district by the municipality from the Special Tax
25 Allocation Fund when the tax increment revenue is received
26 as a result of the assisted housing units. This paragraph
SB2111 Enrolled - 799 - LRB104 09876 LNS 19944 b
1 (7.7) applies only if (i) the library district is located
2 in a county that is subject to the Property Tax Extension
3 Limitation Law or (ii) the library district is not located
4 in a county that is subject to the Property Tax Extension
5 Limitation Law but the district is prohibited by any other
6 law from increasing its tax levy rate without a prior
7 voter referendum.
8 The amount paid to a library district under this
9 paragraph (7.7) shall be calculated by multiplying (i) the
10 net increase in the number of persons eligible to obtain a
11 library card in that district who reside in housing units
12 within the redevelopment project area that have received
13 financial assistance through an agreement with the
14 municipality or because the municipality incurs the cost
15 of necessary infrastructure improvements within the
16 boundaries of the housing sites necessary for the
17 completion of that housing as authorized by this Act since
18 the designation of the redevelopment project area by (ii)
19 the per-patron cost of providing library services so long
20 as it does not exceed $120. The per-patron cost shall be
21 the Total Operating Expenditures Per Capita for the
22 library in the previous fiscal year. The municipality may
23 deduct from the amount that it must pay to a library
24 district under this paragraph any amount that it has
25 voluntarily paid to the library district from the tax
26 increment revenue. The amount paid to a library district
SB2111 Enrolled - 800 - LRB104 09876 LNS 19944 b
1 under this paragraph (7.7) shall be no more than 2% of the
2 amount produced by the assisted housing units and
3 deposited into the Special Tax Allocation Fund.
4 A library district is not eligible for any payment
5 under this paragraph (7.7) unless the library district has
6 experienced an increase in the number of patrons from the
7 municipality that created the tax-increment-financing
8 district since the designation of the redevelopment
9 project area.
10 Any library district seeking payment under this
11 paragraph (7.7) shall, after July 1 and before September
12 30 of each year, provide the municipality with convincing
13 evidence to support its claim for reimbursement before the
14 municipality shall be required to approve or make the
15 payment to the library district. If the library district
16 fails to provide the information during this period in any
17 year, it shall forfeit any claim to reimbursement for that
18 year. Library districts may adopt a resolution waiving the
19 right to all or a portion of the reimbursement otherwise
20 required by this paragraph (7.7). By acceptance of such
21 reimbursement, the library district shall forfeit any
22 right to directly or indirectly set aside, modify, or
23 contest in any manner whatsoever the establishment of the
24 redevelopment project area or projects;
25 (8) Relocation costs to the extent that a municipality
26 determines that relocation costs shall be paid or is
SB2111 Enrolled - 801 - LRB104 09876 LNS 19944 b
1 required to make payment of relocation costs by federal or
2 State law or in order to satisfy subparagraph (7) of
3 subsection (n);
4 (9) Payment in lieu of taxes;
5 (10) Costs of job training, retraining, advanced
6 vocational education or career education, including but
7 not limited to courses in occupational, semi-technical or
8 technical fields leading directly to employment, incurred
9 by one or more taxing districts, provided that such costs
10 (i) are related to the establishment and maintenance of
11 additional job training, advanced vocational education or
12 career education programs for persons employed or to be
13 employed by employers located in a redevelopment project
14 area; and (ii) when incurred by a taxing district or
15 taxing districts other than the municipality, are set
16 forth in a written agreement by or among the municipality
17 and the taxing district or taxing districts, which
18 agreement describes the program to be undertaken,
19 including but not limited to the number of employees to be
20 trained, a description of the training and services to be
21 provided, the number and type of positions available or to
22 be available, itemized costs of the program and sources of
23 funds to pay for the same, and the term of the agreement.
24 Such costs include, specifically, the payment by community
25 college districts of costs pursuant to Sections 3-37,
26 3-38, 3-40 and 3-40.1 of the Public Community College Act
SB2111 Enrolled - 802 - LRB104 09876 LNS 19944 b
1 and by school districts of costs pursuant to Sections
2 10-22.20a and 10-23.3a of the School Code;
3 (11) Interest cost incurred by a redeveloper related
4 to the construction, renovation or rehabilitation of a
5 redevelopment project provided that:
6 (A) such costs are to be paid directly from the
7 special tax allocation fund established pursuant to
8 this Act;
9 (B) such payments in any one year may not exceed
10 30% of the annual interest costs incurred by the
11 redeveloper with regard to the redevelopment project
12 during that year;
13 (C) if there are not sufficient funds available in
14 the special tax allocation fund to make the payment
15 pursuant to this paragraph (11) then the amounts so
16 due shall accrue and be payable when sufficient funds
17 are available in the special tax allocation fund;
18 (D) the total of such interest payments paid
19 pursuant to this Act may not exceed 30% of the total
20 (i) cost paid or incurred by the redeveloper for the
21 redevelopment project plus (ii) redevelopment project
22 costs excluding any property assembly costs and any
23 relocation costs incurred by a municipality pursuant
24 to this Act;
25 (E) the cost limits set forth in subparagraphs (B)
26 and (D) of paragraph (11) shall be modified for the
SB2111 Enrolled - 803 - LRB104 09876 LNS 19944 b
1 financing of rehabilitated or new housing units for
2 low-income households and very low-income households,
3 as defined in Section 3 of the Illinois Affordable
4 Housing Act. The percentage of 75% shall be
5 substituted for 30% in subparagraphs (B) and (D) of
6 paragraph (11); and
7 (F) instead of the eligible costs provided by
8 subparagraphs (B) and (D) of paragraph (11), as
9 modified by this subparagraph, and notwithstanding any
10 other provisions of this Act to the contrary, the
11 municipality may pay from tax increment revenues up to
12 50% of the cost of construction of new housing units to
13 be occupied by low-income households and very
14 low-income households as defined in Section 3 of the
15 Illinois Affordable Housing Act. The cost of
16 construction of those units may be derived from the
17 proceeds of bonds issued by the municipality under
18 this Act or other constitutional or statutory
19 authority or from other sources of municipal revenue
20 that may be reimbursed from tax increment revenues or
21 the proceeds of bonds issued to finance the
22 construction of that housing.
23 The eligible costs provided under this
24 subparagraph (F) of paragraph (11) shall be an
25 eligible cost for the construction, renovation, and
26 rehabilitation of all low and very low-income housing
SB2111 Enrolled - 804 - LRB104 09876 LNS 19944 b
1 units, as defined in Section 3 of the Illinois
2 Affordable Housing Act, within the redevelopment
3 project area. If the low and very low-income units are
4 part of a residential redevelopment project that
5 includes units not affordable to low and very
6 low-income households, only the low and very
7 low-income units shall be eligible for benefits under
8 this subparagraph (F) of paragraph (11). The standards
9 for maintaining the occupancy by low-income households
10 and very low-income households, as defined in Section
11 3 of the Illinois Affordable Housing Act, of those
12 units constructed with eligible costs made available
13 under the provisions of this subparagraph (F) of
14 paragraph (11) shall be established by guidelines
15 adopted by the municipality. The responsibility for
16 annually documenting the initial occupancy of the
17 units by low-income households and very low-income
18 households, as defined in Section 3 of the Illinois
19 Affordable Housing Act, shall be that of the then
20 current owner of the property. For ownership units,
21 the guidelines will provide, at a minimum, for a
22 reasonable recapture of funds, or other appropriate
23 methods designed to preserve the original
24 affordability of the ownership units. For rental
25 units, the guidelines will provide, at a minimum, for
26 the affordability of rent to low and very low-income
SB2111 Enrolled - 805 - LRB104 09876 LNS 19944 b
1 households. As units become available, they shall be
2 rented to income-eligible tenants. The municipality
3 may modify these guidelines from time to time; the
4 guidelines, however, shall be in effect for as long as
5 tax increment revenue is being used to pay for costs
6 associated with the units or for the retirement of
7 bonds issued to finance the units or for the life of
8 the redevelopment project area, whichever is later;
9 (11.5) If the redevelopment project area is located
10 within a municipality with a population of more than
11 100,000, the cost of day care services for children of
12 employees from low-income families working for businesses
13 located within the redevelopment project area and all or a
14 portion of the cost of operation of day care centers
15 established by redevelopment project area businesses to
16 serve employees from low-income families working in
17 businesses located in the redevelopment project area. For
18 the purposes of this paragraph, "low-income families"
19 means families whose annual income does not exceed 80% of
20 the municipal, county, or regional median income, adjusted
21 for family size, as the annual income and municipal,
22 county, or regional median income are determined from time
23 to time by the United States Department of Housing and
24 Urban Development.
25 (12) Costs relating to the development of urban
26 agricultural areas under Division 15.2 of the Illinois
SB2111 Enrolled - 806 - LRB104 09876 LNS 19944 b
1 Municipal Code.
2 Unless explicitly stated herein the cost of construction
3 of new privately owned privately-owned buildings shall not be
4 an eligible redevelopment project cost.
5 After November 1, 1999 (the effective date of Public Act
6 91-478), none of the redevelopment project costs enumerated in
7 this subsection shall be eligible redevelopment project costs
8 if those costs would provide direct financial support to a
9 retail entity initiating operations in the redevelopment
10 project area while terminating operations at another Illinois
11 location within 10 miles of the redevelopment project area but
12 outside the boundaries of the redevelopment project area
13 municipality. For purposes of this paragraph, termination
14 means a closing of a retail operation that is directly related
15 to the opening of the same operation or like retail entity
16 owned or operated by more than 50% of the original ownership in
17 a redevelopment project area, but it does not mean closing an
18 operation for reasons beyond the control of the retail entity,
19 as documented by the retail entity, subject to a reasonable
20 finding by the municipality that the current location
21 contained inadequate space, had become economically obsolete,
22 or was no longer a viable location for the retailer or
23 serviceman.
24 No cost shall be a redevelopment project cost in a
25 redevelopment project area if used to demolish, remove, or
26 substantially modify a historic resource, after August 26,
SB2111 Enrolled - 807 - LRB104 09876 LNS 19944 b
1 2008 (the effective date of Public Act 95-934), unless no
2 prudent and feasible alternative exists. "Historic resource"
3 for the purpose of this paragraph means (i) a place or
4 structure that is included or eligible for inclusion on the
5 National Register of Historic Places or (ii) a contributing
6 structure in a district on the National Register of Historic
7 Places. This paragraph does not apply to a place or structure
8 for which demolition, removal, or modification is subject to
9 review by the preservation agency of a Certified Local
10 Government designated as such by the National Park Service of
11 the United States Department of the Interior.
12 If a special service area has been established pursuant to
13 the Special Service Area Tax Act or Special Service Area Tax
14 Law, then any tax increment revenues derived from the tax
15 imposed pursuant to the Special Service Area Tax Act or
16 Special Service Area Tax Law may be used within the
17 redevelopment project area for the purposes permitted by that
18 Act or Law as well as the purposes permitted by this Act.
19 (q-1) For redevelopment project areas created pursuant to
20 subsection (p-1), redevelopment project costs are limited to
21 those costs in paragraph (q) that are related to the existing
22 or proposed Northern Illinois Transit Regional Transportation
23 Authority Suburban Transit Access Route (STAR Line) station.
24 (q-2) For a transit facility improvement area established
25 prior to, on, or after the effective date of this amendatory
26 Act of the 102nd General Assembly: (i) "redevelopment project
SB2111 Enrolled - 808 - LRB104 09876 LNS 19944 b
1 costs" means those costs described in subsection (q) that are
2 related to the construction, reconstruction, rehabilitation,
3 remodeling, or repair of any existing or proposed transit
4 facility, whether that facility is located within or outside
5 the boundaries of a redevelopment project area established
6 within that transit facility improvement area (and, to the
7 extent a redevelopment project cost is described in subsection
8 (q) as incurred or estimated to be incurred with respect to a
9 redevelopment project area, then it shall apply with respect
10 to such transit facility improvement area); and (ii) the
11 provisions of Section 11-74.4-8 regarding tax increment
12 allocation financing for a redevelopment project area located
13 in a transit facility improvement area shall apply only to the
14 lots, blocks, tracts and parcels of real property that are
15 located within the boundaries of that redevelopment project
16 area and not to the lots, blocks, tracts, and parcels of real
17 property that are located outside the boundaries of that
18 redevelopment project area.
19 (r) "State Sales Tax Boundary" means the redevelopment
20 project area or the amended redevelopment project area
21 boundaries which are determined pursuant to subsection (9) of
22 Section 11-74.4-8a of this Act. The Department of Revenue
23 shall certify pursuant to subsection (9) of Section 11-74.4-8a
24 the appropriate boundaries eligible for the determination of
25 State Sales Tax Increment.
26 (s) "State Sales Tax Increment" means an amount equal to
SB2111 Enrolled - 809 - LRB104 09876 LNS 19944 b
1 the increase in the aggregate amount of taxes paid by
2 retailers and servicemen, other than retailers and servicemen
3 subject to the Public Utilities Act, on transactions at places
4 of business located within a State Sales Tax Boundary pursuant
5 to the Retailers' Occupation Tax Act, the Use Tax Act, the
6 Service Use Tax Act, and the Service Occupation Tax Act,
7 except such portion of such increase that is paid into the
8 State and Local Sales Tax Reform Fund, the Local Government
9 Distributive Fund, the Local Government Tax Fund and the
10 County and Mass Transit District Fund, for as long as State
11 participation exists, over and above the Initial Sales Tax
12 Amounts, Adjusted Initial Sales Tax Amounts or the Revised
13 Initial Sales Tax Amounts for such taxes as certified by the
14 Department of Revenue and paid under those Acts by retailers
15 and servicemen on transactions at places of business located
16 within the State Sales Tax Boundary during the base year which
17 shall be the calendar year immediately prior to the year in
18 which the municipality adopted tax increment allocation
19 financing, less 3.0% of such amounts generated under the
20 Retailers' Occupation Tax Act, Use Tax Act and Service Use Tax
21 Act and the Service Occupation Tax Act, which sum shall be
22 appropriated to the Department of Revenue to cover its costs
23 of administering and enforcing this Section. For purposes of
24 computing the aggregate amount of such taxes for base years
25 occurring prior to 1985, the Department of Revenue shall
26 compute the Initial Sales Tax Amount for such taxes and deduct
SB2111 Enrolled - 810 - LRB104 09876 LNS 19944 b
1 therefrom an amount equal to 4% of the aggregate amount of
2 taxes per year for each year the base year is prior to 1985,
3 but not to exceed a total deduction of 12%. The amount so
4 determined shall be known as the "Adjusted Initial Sales Tax
5 Amount". For purposes of determining the State Sales Tax
6 Increment the Department of Revenue shall for each period
7 subtract from the tax amounts received from retailers and
8 servicemen on transactions located in the State Sales Tax
9 Boundary, the certified Initial Sales Tax Amounts, Adjusted
10 Initial Sales Tax Amounts or Revised Initial Sales Tax Amounts
11 for the Retailers' Occupation Tax Act, the Use Tax Act, the
12 Service Use Tax Act and the Service Occupation Tax Act. For the
13 State Fiscal Year 1989 this calculation shall be made by
14 utilizing the calendar year 1987 to determine the tax amounts
15 received. For the State Fiscal Year 1990, this calculation
16 shall be made by utilizing the period from January 1, 1988,
17 until September 30, 1988, to determine the tax amounts
18 received from retailers and servicemen, which shall have
19 deducted therefrom nine-twelfths of the certified Initial
20 Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or the
21 Revised Initial Sales Tax Amounts as appropriate. For the
22 State Fiscal Year 1991, this calculation shall be made by
23 utilizing the period from October 1, 1988, until June 30,
24 1989, to determine the tax amounts received from retailers and
25 servicemen, which shall have deducted therefrom nine-twelfths
26 of the certified Initial State Sales Tax Amounts, Adjusted
SB2111 Enrolled - 811 - LRB104 09876 LNS 19944 b
1 Initial Sales Tax Amounts or the Revised Initial Sales Tax
2 Amounts as appropriate. For every State Fiscal Year
3 thereafter, the applicable period shall be the 12 months
4 beginning July 1 and ending on June 30, to determine the tax
5 amounts received which shall have deducted therefrom the
6 certified Initial Sales Tax Amounts, Adjusted Initial Sales
7 Tax Amounts or the Revised Initial Sales Tax Amounts.
8 Municipalities intending to receive a distribution of State
9 Sales Tax Increment must report a list of retailers to the
10 Department of Revenue by October 31, 1988 and by July 31, of
11 each year thereafter.
12 (t) "Taxing districts" means counties, townships, cities
13 and incorporated towns and villages, school, road, park,
14 sanitary, mosquito abatement, forest preserve, public health,
15 fire protection, river conservancy, tuberculosis sanitarium
16 and any other municipal corporations or districts with the
17 power to levy taxes.
18 (u) "Taxing districts' capital costs" means those costs of
19 taxing districts for capital improvements that are found by
20 the municipal corporate authorities to be necessary and
21 directly result from the redevelopment project.
22 (v) As used in subsection (a) of Section 11-74.4-3 of this
23 Act, "vacant land" means any parcel or combination of parcels
24 of real property without industrial, commercial, and
25 residential buildings which has not been used for commercial
26 agricultural purposes within 5 years prior to the designation
SB2111 Enrolled - 812 - LRB104 09876 LNS 19944 b
1 of the redevelopment project area, unless the parcel is
2 included in an industrial park conservation area or the parcel
3 has been subdivided; provided that if the parcel was part of a
4 larger tract that has been divided into 3 or more smaller
5 tracts that were accepted for recording during the period from
6 1950 to 1990, then the parcel shall be deemed to have been
7 subdivided, and all proceedings and actions of the
8 municipality taken in that connection with respect to any
9 previously approved or designated redevelopment project area
10 or amended redevelopment project area are hereby validated and
11 hereby declared to be legally sufficient for all purposes of
12 this Act. For purposes of this Section and only for land
13 subject to the subdivision requirements of the Plat Act, land
14 is subdivided when the original plat of the proposed
15 Redevelopment Project Area or relevant portion thereof has
16 been properly certified, acknowledged, approved, and recorded
17 or filed in accordance with the Plat Act and a preliminary
18 plat, if any, for any subsequent phases of the proposed
19 Redevelopment Project Area or relevant portion thereof has
20 been properly approved and filed in accordance with the
21 applicable ordinance of the municipality.
22 (w) "Annual Total Increment" means the sum of each
23 municipality's annual Net Sales Tax Increment and each
24 municipality's annual Net Utility Tax Increment. The ratio of
25 the Annual Total Increment of each municipality to the Annual
26 Total Increment for all municipalities, as most recently
SB2111 Enrolled - 813 - LRB104 09876 LNS 19944 b
1 calculated by the Department, shall determine the proportional
2 shares of the Illinois Tax Increment Fund to be distributed to
3 each municipality.
4 (x) "LEED certified" means any certification level of
5 construction elements by a qualified Leadership in Energy and
6 Environmental Design Accredited Professional as determined by
7 the U.S. Green Building Council.
8 (y) "Green Globes certified" means any certification level
9 of construction elements by a qualified Green Globes
10 Professional as determined by the Green Building Initiative.
11 (Source: P.A. 102-627, eff. 8-27-21.)
12 (65 ILCS 5/Art. 11 Div. 122.2 heading)
13 DIVISION 122.2. NORTHERN ILLINOIS TRANSIT REGIONAL
14 TRANSPORTATION AUTHORITY
15 (65 ILCS 5/11-122.2-1) (from Ch. 24, par. 11-122.2-1)
16 Sec. 11-122.2-1. In addition to all its other powers,
17 every municipality shall, in all its dealings with the
18 Northern Illinois Transit Regional Transportation Authority
19 established by the Northern Illinois Transit "Regional
20 Transportation Authority Act", enacted by the 78th General
21 Assembly, have the following powers:
22 (a) to cooperate with the Northern Illinois Transit
23 Regional Transportation Authority in the exercise by the
24 Northern Illinois Transit Regional Transportation Authority of
SB2111 Enrolled - 814 - LRB104 09876 LNS 19944 b
1 all the powers granted it by the Act;
2 (b) to receive funds from the Northern Illinois Transit
3 Regional Transportation Authority upon such terms and
4 conditions as shall be set forth in an agreement between the
5 municipality and the Suburban Bus Board or the Commuter Rail
6 Board, which contract or agreement may be for such number of
7 years or duration as they may agree, all as provided in the
8 Northern Illinois Transit "Regional Transportation Authority
9 Act";
10 (c) to receive financial grants from a Service Board, as
11 defined in the Northern Illinois Transit "Regional
12 Transportation Authority Act", upon such terms and conditions
13 as shall be set forth in a Purchase of Service Agreement or
14 other grant contract between the municipality and the Service
15 Board, which contract or agreement may be for such number of
16 years or duration as the Service Board and the municipality
17 may agree, all as provided in the Northern Illinois Transit
18 "Regional Transportation Authority Act";
19 (d) to acquire from the Northern Illinois Transit Regional
20 Transportation Authority or a Service Board any Public
21 Transportation Facility, as defined in the Northern Illinois
22 Transit "Regional Transportation Authority Act", by purchase
23 contract, gift, grant, exchange for other property or rights
24 in property, lease (or sublease) or installment or conditional
25 purchase contracts, which contracts or leases may provide for
26 consideration to be paid in annual installments during a
SB2111 Enrolled - 815 - LRB104 09876 LNS 19944 b
1 period not exceeding 40 years; such property may be acquired
2 subject to such conditions, restrictions, liens or security or
3 other interests of other parties as the municipality may deem
4 appropriate and in each case the municipality may acquire a
5 joint, leasehold, easement, license or other partial interest
6 in such property;
7 (e) to sell, sell by installment contract, lease (or
8 sublease) as lessor, or transfer to, or grant to or provide for
9 the use by the Northern Illinois Transit Regional
10 Transportation Authority or a Service Board any Public
11 Transportation Facility, as defined in the Northern Illinois
12 Transit "Regional Transportation Authority Act" upon such
13 terms and for such consideration, or for no consideration, as
14 the municipality may deem proper;
15 (f) to cooperate with the Northern Illinois Transit
16 Regional Transportation Authority or a Service Board for the
17 protection of employees and users of public transportation
18 facilities against crime and also to protect such facilities;
19 such cooperation may include, without limitation, agreements
20 for the coordination of police or security forces;
21 (g) to file such reports with and transfer such records,
22 papers or documents to the Northern Illinois Transit Regional
23 Transportation Authority or a Service Board as may be agreed
24 upon with, or required by, the Northern Illinois Transit
25 Regional Transportation Authority or a Service Board.
26 In exercising any of the powers granted in this Section
SB2111 Enrolled - 816 - LRB104 09876 LNS 19944 b
1 the municipality shall not be subject to the provisions of
2 this Code or any Act making public bidding or notice a
3 requirement for any purchase or sale by a municipality.
4 Notwithstanding any provision of this Code to the contrary,
5 every municipality may enter into Purchase of Service
6 Agreements, grant contracts, other contracts, agreements or
7 leases, as provided in this Section, and may incur obligations
8 and expenses thereunder without making a previous
9 appropriation therefor.
10 (Source: P.A. 83-886.)
11 Section 15-150. The Metropolitan Pier and Exposition
12 Authority Act is amended by changing Section 14.5 as follows:
13 (70 ILCS 210/14.5)
14 Sec. 14.5. Trustee of the Authority.
15 (a) Beginning on the effective date of this amendatory Act
16 of the 96th General Assembly, the Authority shall be governed
17 by a Trustee for a term of 18 months or until the Board created
18 in this amendatory Act of the 96th General Assembly appoints a
19 chief executive officer, whichever is longer. The Trustee of
20 the Authority shall immediately assume all duties and powers
21 of the Board and the chief executive officer. The Trustee
22 shall take all actions necessary to carry into effect the
23 provisions of this Act and this amendatory Act of the 96th
24 General Assembly. The Trustee shall receive an annual salary
SB2111 Enrolled - 817 - LRB104 09876 LNS 19944 b
1 equal to the current salary of the chief executive officer,
2 minus 5%.
3 As provided in Senate Bill 28 of the 96th General
4 Assembly, the Trustee of the Authority is James Reilly, who
5 served as the Chief Operating Officer of the Authority from
6 1989 to 1999, served as the Chief Operating Officer of the
7 Chicago Convention and Tourism Bureau from 1999 to 2004, and
8 served as Chairman of the Northern Illinois Transit Regional
9 Transportation Authority Board. James Reilly may be removed as
10 Trustee only by a joint resolution of the General Assembly
11 approved by a majority of members elected to each chamber; and
12 the General Assembly shall thereupon notify the Governor,
13 Trustee, and interim board upon the adoption of a joint
14 resolution creating a vacancy in the position of Trustee of
15 the Authority.
16 (a-5) In the case of a vacancy in the office of Trustee of
17 the Authority, the Governor, with the advice and consent of
18 the Senate, shall appoint a Trustee within 5 calendar days. If
19 the vacancy occurs during a recess of the Senate, the Governor
20 shall make a temporary appointment within 5 calendar days and
21 the person shall serve until the next meeting of the Senate,
22 when the Governor shall nominate some person to fill the
23 office of Trustee. Any person so nominated who is confirmed by
24 the Senate shall hold the office of Trustee during the
25 remainder of the term as provided for in this Section.
26 Any Trustee of the Authority appointed by the Governor,
SB2111 Enrolled - 818 - LRB104 09876 LNS 19944 b
1 with the advice and consent of the Senate, shall be subject to
2 the Governor's removal power provided for under Section 10 of
3 Article V of the Illinois Constitution.
4 (a-10) If the Trustee of the Authority, or the guardian of
5 his or her estate and person, notifies the Governor that he or
6 she is unable to perform the duties vested by law in the
7 Trustee, then the Governor may designate some person as acting
8 Trustee to execute and discharge those duties. When the
9 Trustee of the Authority is prepared to resume his or her
10 duties, he or she, or the guardian of his or her estate and
11 person, shall do so by notifying the Governor.
12 (b) It shall be the duty of the Trustee:
13 (1) to ensure the proper administration of the
14 Authority;
15 (2) to submit to the interim board monthly reports
16 detailing actions taken and the general status of the
17 Authority;
18 (3) to report to the General Assembly and Governor no
19 later than January 1, 2011, whether Navy Pier should
20 remain within the control of the Authority or serve as an
21 entity independent from the Authority;
22 (4) to enter into an agreement with a contractor or
23 private manager to operate the buildings and facilities of
24 the Authority, provided that the agreement is procured
25 using a request for proposal process in accordance with
26 the Illinois Procurement Code;
SB2111 Enrolled - 819 - LRB104 09876 LNS 19944 b
1 (5) to enter into any agreements to license naming
2 rights of any building or facility of the Authority,
3 provided the Trustee determines such an agreement is in
4 the best interest of the Authority;
5 (6) to ensure the proper implementation,
6 administration, and enforcement of Section 5.4 of this
7 Act; and
8 (7) to ensure that any contract of the Authority to
9 provide food or beverage in the buildings and facilities
10 of the Authority, except Navy Pier, shall be provided at a
11 rate not to exceed the cost established in the contract.
12 (c) The Trustee shall notify the interim board prior to
13 entering into an agreement for a term of more than 24 months or
14 with a total value in excess of $100,000. Notification shall
15 include the purpose of the agreement, a description of the
16 agreement, disclosure of parties to the agreement, and the
17 total value of the agreement. Within 10 days after receiving
18 notice, the interim board may prohibit the Trustee from
19 entering into the agreement by a resolution approved by at
20 least 5 members of the interim board. The interim board may
21 veto any other action of the Trustee by a resolution approved
22 by at least 5 members of the interim board, provided that the
23 resolution is adopted within 30 days after the action.
24 (d) Any provision of this Act that requires approval by
25 the Chair of the Board or at least the approval of a majority
26 of the Board shall be deemed approved if the Trustee approves
SB2111 Enrolled - 820 - LRB104 09876 LNS 19944 b
1 the action, subject to the restrictions in subsection (c).
2 (Source: P.A. 96-898, eff. 5-27-10; 96-899, eff. 5-28-10.)
3 Section 15-155. The Regional Planning Act is amended by
4 changing Section 10 as follows:
5 (70 ILCS 1707/10)
6 Sec. 10. Definitions. As used in this Act:
7 "Board" means the Board of the Chicago Metropolitan Agency
8 for Planning.
9 "CMAP" means the Chicago Metropolitan Agency for Planning.
10 "Chief elected county official" means the Board Chair in
11 DuPage, Kane, Kendall, Lake, and McHenry Counties and the
12 County Executive in Will County.
13 "Fiscal year" means the fiscal year of the State.
14 "IDOT" means the Illinois Department of Transportation.
15 "MPO" means the metropolitan planning organization
16 designated under 23 U.S.C. 134.
17 "Members" means the members of the Board.
18 "Person" means an individual, partnership, firm, public or
19 private corporation, State agency, transportation agency, or
20 unit of local government.
21 "Policy Committee" means the decision-making body of the
22 MPO.
23 "Region" or "northeastern Illinois region" means Cook,
24 DuPage, Kane, Kendall, Lake, McHenry, and Will Counties.
SB2111 Enrolled - 821 - LRB104 09876 LNS 19944 b
1 "State agency" means "agency" as defined in Section 1-20
2 of the Illinois Administrative Procedure Act.
3 "Transportation agency" means the Northern Illinois
4 Transit Regional Transportation Authority and its Service
5 Boards; the Illinois Toll Highway Authority; the Illinois
6 Department of Transportation; and the transportation functions
7 of units of local government.
8 "Unit of local government" means a unit of local
9 government, as defined in Section 1 of Article VII of the
10 Illinois Constitution, that is located within the jurisdiction
11 and area of operation of the Board.
12 "USDOT" means the United States Department of
13 Transportation.
14 (Source: P.A. 103-986, eff. 1-1-25; revised 7-10-25.)
15 Section 15-160. The Local Mass Transit District Act is
16 amended by changing Sections 3.1, 5.05, and 8.5 as follows:
17 (70 ILCS 3610/3.1) (from Ch. 111 2/3, par. 353.1)
18 Sec. 3.1. Also in the manner provided in this Act as
19 amended, a "Local Mass Transit District" may be created with a
20 boundary to enclose a unit area of contiguous land, to be known
21 as the "participating area". Such a "participating area" may
22 be organized as a district under this Act without regard to
23 boundaries of counties or other political subdivisions or
24 municipal corporations.
SB2111 Enrolled - 822 - LRB104 09876 LNS 19944 b
1 (a) Any 500 or more legal voters who are residents within
2 such "participating area" may file a petition in the circuit
3 court of the county where the proposed district or a major part
4 thereof is located, asking that the question of creating such
5 district be submitted under this Act by referendum to the
6 voters residing within the proposed district. By their power
7 of attorney signed by them and filed in the cause the
8 petitioners may authorize a committee of their number named by
9 the petitioners, to conduct and pursue the cause for them to a
10 conclusion. Such petition shall define the boundaries of the
11 proposed district, shall indicate distances to nearest mass
12 transportation lines in each direction, naming them, shall
13 have attached a fair map of the proposed district, and shall
14 suggest a name for the proposed district.
15 (b) The circuit clerk shall present to the circuit judge
16 any petition so filed in the court. The judge shall enter an
17 order of record to set a date, hour and place for judicial
18 hearing on the petition. That order shall include instructions
19 to the circuit clerk to give notice by newspaper publication
20 to be made and completed at least 20 days before the hearing is
21 to be held, in 2 or more newspapers published or circulating
22 generally among the people residing within the proposed
23 district. The circuit clerk shall prepare that notice and
24 cause such publication notice to be given as directed.
25 (c) After proof of such newspaper publication of notice
26 has been made and filed in the cause and shown to the court in
SB2111 Enrolled - 823 - LRB104 09876 LNS 19944 b
1 full accord with the prior order, the circuit judge shall hear
2 all persons who attend and so request, as to location and
3 boundary and name for the proposed district. After the hearing
4 on such petition is completed, the circuit court by an order of
5 record, shall determine and establish the location, name and
6 boundary for such proposed district, and shall order the
7 proposition submitted at an election in accordance with the
8 general election law to the voters resident within such
9 proposed district. The circuit clerk shall certify the
10 proposition to the proper election officials who shall submit
11 the proposition in accordance with the general election law.
12 (d) The county clerk shall canvass the ballots and other
13 returns from such referendum, and prepare a full certification
14 of the result and shall file the same in the cause pending in
15 the circuit court. When the vote is in favor of the creation of
16 such district as determined by the court order, a true map of
17 such district shall be filed with such report in the circuit
18 court.
19 (e) When the vote is in favor of creation of such district,
20 the circuit court by an order of record shall confirm the
21 result of the election. If the district is wholly contained
22 within a single county the presiding officer of the county
23 board with the advice and consent of the county board shall
24 appoint 5 trustees, not more than 3 of whom shall be affiliated
25 with the same political party, to govern the district and
26 serve one each for 1, 2, 3, 4 and 5 years respectively; upon
SB2111 Enrolled - 824 - LRB104 09876 LNS 19944 b
1 the expiration of the term of a trustee who is in office on the
2 effective date of this amendatory Act of 1989, the successor
3 shall, at the time of the appointment, and thereafter at all
4 times while serving as trustee, be a resident of the Mass
5 Transit District for which such person is appointed as
6 trustee. If a trustee removes his residence to a place outside
7 of the District, a trustee shall be appointed in the same
8 manner as herein provided to take the place of the trustee who
9 so removed his residence. If however the district is located
10 in more than one county, the number of trustees who are
11 residents of a county shall be in proportion, as nearly as
12 practicable, to the number of residents of the district who
13 reside in that county in relation to the total population of
14 the district.
15 Upon the expiration of the term of a trustee who is in
16 office on the effective date of this amendatory Act of 1975,
17 the successor shall be a resident of whichever county is
18 entitled to such representation in order to bring about the
19 proportional representation required herein, and he shall be
20 appointed by the county board of that county, or in the case of
21 a home rule county as defined by Article VII, Section 6 of the
22 Constitution of 1970, the chief executive officer of that
23 county, with the advice and consent of the county board in
24 accordance with the provisions previously enumerated.
25 Successors shall serve 5 year overlapping terms.
26 Thereafter, each trustee shall be succeeded by a resident
SB2111 Enrolled - 825 - LRB104 09876 LNS 19944 b
1 of the same county who shall be appointed by the same
2 appointing authority; however, the provisions of the preceding
3 paragraph shall apply to the appointment of the successor to
4 each trustee who is in office at the time of the publication of
5 each decennial Federal census of population.
6 (f) Upon the creation of such district, the circuit clerk
7 shall prepare and certify a copy of the final court order
8 confirming the referendum creating the district, and a
9 duplicate of the map of such district, from the record of the
10 circuit court, and shall file the same with the county clerk
11 for recording in his office as "Certificate of Incorporation"
12 for the district. The county clerk shall cause a duplicate of
13 such "Certificate of Incorporation" to be filed in the office
14 of the Secretary of State of Illinois.
15 (g) The Board of Trustees of such "Local Mass Transit
16 District" shall have and exercise all the powers and shall
17 perform all the duties of any Board of Trustees of any district
18 created under this Act, as now or hereafter amended.
19 (h) The circuit court shall require the petitioners to
20 post a surety bond for the payment of all costs and expenses of
21 such proceeding and such referendum. When a district is
22 created, the circuit court shall order the district to pay or
23 reimburse others for all such costs and expenses. The surety
24 bond shall not be released until complete receipts for all
25 such costs and expenses have been filed in the cause and fully
26 audited by the circuit and county clerks.
SB2111 Enrolled - 826 - LRB104 09876 LNS 19944 b
1 (i) If the District is wholly contained within a single
2 county, the County Board of such county may, by resolution,
3 provide that, effective upon the next appointment of a
4 Trustee, after the effective date of this amendatory Act of
5 1989, that the Board of Trustees of such Mass Transit District
6 shall be comprised of 7 Trustees, with no more than 4 members
7 of the same political party. This Subsection shall not apply
8 to any Mass Transit District in the State which receives
9 funding in whole or in part from the Northern Illinois Transit
10 Regional Transportation Authority or any of its service
11 boards.
12 (Source: P.A. 86-472.)
13 (70 ILCS 3610/5.05) (from Ch. 111 2/3, par. 355.05)
14 Sec. 5.05. In addition to all its other powers, each
15 District shall, in all its dealings with the Northern Illinois
16 Transit Regional Transportation Authority established by the
17 "Northern Illinois Transit Regional Transportation Authority
18 Act", enacted by the 78th General Assembly, have the following
19 powers:
20 (a) to cooperate with the Northern Illinois Transit
21 Regional Transportation Authority in the exercise by the
22 Northern Illinois Transit Regional Transportation Authority of
23 all the powers granted it by such Act;
24 (b) to receive funds from the Northern Illinois Transit
25 Regional Transportation Authority upon such terms and
SB2111 Enrolled - 827 - LRB104 09876 LNS 19944 b
1 conditions as shall be set forth in an agreement between the
2 District and the Northern Illinois Transit Regional
3 Transportation Authority, which contract or agreement may be
4 for such number of years or duration as the Authority and the
5 District may agree, all as provided in the "Northern Illinois
6 Transit Regional Transportation Authority Act";
7 (c) to receive financial grants from a Service Board, as
8 defined in the "Northern Illinois Transit Regional
9 Transportation Authority Act", upon such terms and conditions
10 as shall be set forth in a Purchase of Service Agreement or
11 other grant contact between the District and the Service
12 Board, which contract or agreement may be for such number of
13 years or duration as the Service Board and the District may
14 agree, all as provided in the "Northern Illinois Transit
15 Regional Transportation Authority Act";
16 (d) to acquire from the Northern Illinois Transit Regional
17 Transportation Authority or Service Board any Public
18 Transportation Facility, as defined in the Northern Illinois
19 Transit "Regional Transportation Authority Act", by purchase
20 contract, gift, grant, exchange for other property or rights
21 in property, lease (or sublease) or installment or conditional
22 purchase contracts, which contracts or leases may provide for
23 consideration to be paid in annual installments during a
24 period not exceeding 40 years; such property may be acquired
25 subject to such conditions, restrictions, liens or security or
26 other interests of other parties as the District may deem
SB2111 Enrolled - 828 - LRB104 09876 LNS 19944 b
1 appropriate and in each case the District may acquire a joint,
2 leasehold, easement, license or other partial interest in such
3 property;
4 (e) to sell, sell by installment contract, lease (or
5 sublease) as lessor, or transfer to, or grant to or provide for
6 the use by the Northern Illinois Transit Regional
7 Transportation Authority or a Service Board any Public
8 Transportation Facility, as defined in the "Northern Illinois
9 Transit Regional Transportation Authority Act" upon such terms
10 and for such consideration, as the District may deem proper;
11 (f) to cooperate with the Northern Illinois Transit
12 Regional Transportation Authority or a Service Board for the
13 protection of employees of the District and users of public
14 transportation facilities against crime and also to protect
15 such facilities, but neither the District, the member of its
16 Board nor its officers or employees shall be held liable for
17 failure to provide a security or police force, or, if a
18 security or police force is provided, for failure to provide
19 adequate police protection or security, failure to prevent the
20 commission of crimes by fellow passengers or other third
21 persons or for the failure to apprehend criminals; and
22 (g) to file such reports with and transfer such records,
23 papers or documents to the Northern Illinois Transit Regional
24 Transportation Authority or a Service Board as may be agreed
25 upon with, or required by, the Northern Illinois Transit
26 Regional Transportation Authority or a Service Board.
SB2111 Enrolled - 829 - LRB104 09876 LNS 19944 b
1 In exercising any of the powers granted in this Section,
2 the District shall not be subject to the provisions of any Act
3 making public bidding or notice a requirement of any purchase
4 or sale by a District.
5 (Source: P.A. 84-939.)
6 (70 ILCS 3610/8.5) (from Ch. 111 2/3, par. 358.5)
7 Sec. 8.5. In addition to any other method provided for
8 annexation under this Act, any territory, except property
9 classified as farmland, which (1) lies within the corporate
10 limits of a municipality as defined in this Act, (2) is
11 contiguous to a local mass transit district organized under
12 this Act, and (3) is not a part of another local mass transit
13 district, may be annexed by the contiguous local mass transit
14 district, by ordinance, after a public hearing has been held
15 thereon by the board of trustees of the district at a location
16 within the territory sought to be annexed, or within 1 mile of
17 any part of the territory sought to be annexed. The annexing
18 district shall cause to be published three times in a
19 newspaper having general circulation within the area
20 considered for annexation, at least 30 days prior to the
21 public hearing thereon, a notice that the local mass transit
22 district is considering the annexation of the territory
23 specified. The notice shall also state the date, time and
24 place of the public hearing. The annexing district shall cause
25 to be delivered to each owner of a parcel of land which is 5 or
SB2111 Enrolled - 830 - LRB104 09876 LNS 19944 b
1 more acres, which land is proposed to be annexed in whole or in
2 part, a written notice containing the information required to
3 be included in the published notice. The notice shall be
4 delivered by first-class first class mail so that said notice
5 arrives 30 days in advance of the public hearing. The board of
6 trustees of the district shall give due consideration to all
7 testimony. For the purposes of this Section "property
8 classified as farmland" shall mean property classified as
9 farmland for assessment purposes pursuant to the Property Tax
10 Code. This Section shall not apply to any mass transit
11 district in the State which receives funding in whole or in
12 part from the Northern Illinois Transit Regional
13 Transportation Authority or any of its service boards.
14 (Source: P.A. 88-670, eff. 12-2-94.)
15 Section 15-165. The Water Commission Act of 1985 is
16 amended by changing Section 4 as follows:
17 (70 ILCS 3720/4) (from Ch. 111 2/3, par. 254)
18 Sec. 4. Taxes.
19 (a) The board of commissioners of any county water
20 commission may, by ordinance, impose throughout the territory
21 of the commission any or all of the taxes provided in this
22 Section for its corporate purposes. However, no county water
23 commission may impose any such tax unless the commission
24 certifies the proposition of imposing the tax to the proper
SB2111 Enrolled - 831 - LRB104 09876 LNS 19944 b
1 election officials, who shall submit the proposition to the
2 voters residing in the territory at an election in accordance
3 with the general election law, and the proposition has been
4 approved by a majority of those voting on the proposition.
5 The proposition shall be in the form provided in Section 5
6 or shall be substantially in the following form:
7 ------------------------------------------------------------
8 Shall the (insert corporate
9 name of county water commission) YES
10 impose (state type of tax or ----------------------
11 taxes to be imposed) at the NO
12 rate of 1/4%?
13 ------------------------------------------------------------
14 Taxes imposed under this Section and civil penalties
15 imposed incident thereto shall be collected and enforced by
16 the State Department of Revenue. The Department shall have the
17 power to administer and enforce the taxes and to determine all
18 rights for refunds for erroneous payments of the taxes.
19 (b) The board of commissioners may impose a County Water
20 Commission Retailers' Occupation Tax upon all persons engaged
21 in the business of selling tangible personal property at
22 retail in the territory of the commission at a rate of 1/4% of
23 the gross receipts from the sales made in the course of such
24 business within the territory. Beginning January 1, 2021, this
25 tax is not imposed on sales of aviation fuel for so long as the
26 revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.
SB2111 Enrolled - 832 - LRB104 09876 LNS 19944 b
1 47133 are binding on the District.
2 The tax imposed under this paragraph and all civil
3 penalties that may be assessed as an incident thereof shall be
4 collected and enforced by the State Department of Revenue. The
5 Department shall have full power to administer and enforce
6 this paragraph; to collect all taxes and penalties due
7 hereunder; to dispose of taxes and penalties so collected in
8 the manner hereinafter provided; and to determine all rights
9 to credit memoranda arising on account of the erroneous
10 payment of tax or penalty hereunder. In the administration of,
11 and compliance with, this paragraph, the Department and
12 persons who are subject to this paragraph shall have the same
13 rights, remedies, privileges, immunities, powers and duties,
14 and be subject to the same conditions, restrictions,
15 limitations, penalties, exclusions, exemptions and definitions
16 of terms, and employ the same modes of procedure, as are
17 prescribed in Sections 1, 1a, 1a-1, 1c, 1d, 1e, 1f, 1i, 1j, 2
18 through 2-65 (in respect to all provisions therein other than
19 the State rate of tax except that tangible personal property
20 taxed at the 1% rate under the Retailers' Occupation Tax Act
21 shall not be subject to tax hereunder), 2c, 3 (except as to the
22 disposition of taxes and penalties collected, and except that
23 the retailer's discount is not allowed for taxes paid on
24 aviation fuel sold on or after December 1, 2019 and through
25 December 31, 2020), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i,
26 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12, and 13 of
SB2111 Enrolled - 833 - LRB104 09876 LNS 19944 b
1 the Retailers' Occupation Tax Act and Section 3-7 of the
2 Uniform Penalty and Interest Act, as fully as if those
3 provisions were set forth herein.
4 Persons subject to any tax imposed under the authority
5 granted in this paragraph may reimburse themselves for their
6 seller's tax liability hereunder by separately stating the tax
7 as an additional charge, which charge may be stated in
8 combination, in a single amount, with State taxes that sellers
9 are required to collect under the Use Tax Act and under
10 subsection (e) of Section 4.03 of the Northern Illinois
11 Transit Regional Transportation Authority Act, in accordance
12 with such bracket schedules as the Department may prescribe.
13 Whenever the Department determines that a refund should be
14 made under this paragraph to a claimant instead of issuing a
15 credit memorandum, the Department shall notify the State
16 Comptroller, who shall cause the warrant to be drawn for the
17 amount specified, and to the person named, in the notification
18 from the Department. The refund shall be paid by the State
19 Treasurer out of a county water commission tax fund
20 established under subsection (g) of this Section.
21 For the purpose of determining whether a tax authorized
22 under this paragraph is applicable, a retail sale by a
23 producer of coal or other mineral mined in Illinois is a sale
24 at retail at the place where the coal or other mineral mined in
25 Illinois is extracted from the earth. This paragraph does not
26 apply to coal or other mineral when it is delivered or shipped
SB2111 Enrolled - 834 - LRB104 09876 LNS 19944 b
1 by the seller to the purchaser at a point outside Illinois so
2 that the sale is exempt under the Federal Constitution as a
3 sale in interstate or foreign commerce.
4 If a tax is imposed under this subsection (b), a tax shall
5 also be imposed under subsections (c) and (d) of this Section.
6 No tax shall be imposed or collected under this subsection
7 on the sale of a motor vehicle in this State to a resident of
8 another state if that motor vehicle will not be titled in this
9 State.
10 Nothing in this paragraph shall be construed to authorize
11 a county water commission to impose a tax upon the privilege of
12 engaging in any business which under the Constitution of the
13 United States may not be made the subject of taxation by this
14 State.
15 (c) If a tax has been imposed under subsection (b), a
16 County Water Commission Service Occupation Tax shall also be
17 imposed upon all persons engaged, in the territory of the
18 commission, in the business of making sales of service, who,
19 as an incident to making the sales of service, transfer
20 tangible personal property within the territory. The tax rate
21 shall be 1/4% of the selling price of tangible personal
22 property so transferred within the territory. Beginning
23 January 1, 2021, this tax is not imposed on sales of aviation
24 fuel for so long as the revenue use requirements of 49 U.S.C.
25 47107(b) and 49 U.S.C. 47133 are binding on the District.
26 The tax imposed under this paragraph and all civil
SB2111 Enrolled - 835 - LRB104 09876 LNS 19944 b
1 penalties that may be assessed as an incident thereof shall be
2 collected and enforced by the State Department of Revenue. The
3 Department shall have full power to administer and enforce
4 this paragraph; to collect all taxes and penalties due
5 hereunder; to dispose of taxes and penalties so collected in
6 the manner hereinafter provided; and to determine all rights
7 to credit memoranda arising on account of the erroneous
8 payment of tax or penalty hereunder. In the administration of,
9 and compliance with, this paragraph, the Department and
10 persons who are subject to this paragraph shall have the same
11 rights, remedies, privileges, immunities, powers and duties,
12 and be subject to the same conditions, restrictions,
13 limitations, penalties, exclusions, exemptions and definitions
14 of terms, and employ the same modes of procedure, as are
15 prescribed in Sections 1a-1, 2 (except that the reference to
16 State in the definition of supplier maintaining a place of
17 business in this State shall mean the territory of the
18 commission), 2a, 3 through 3-50 (in respect to all provisions
19 therein other than the State rate of tax except that tangible
20 personal property taxed at the 1% rate under the Service
21 Occupation Tax Act shall not be subject to tax hereunder), 4
22 (except that the reference to the State shall be to the
23 territory of the commission), 5, 7, 8 (except that the
24 jurisdiction to which the tax shall be a debt to the extent
25 indicated in that Section 8 shall be the commission), 9
26 (except as to the disposition of taxes and penalties collected
SB2111 Enrolled - 836 - LRB104 09876 LNS 19944 b
1 and except that the returned merchandise credit for this tax
2 may not be taken against any State tax, and except that the
3 retailer's discount is not allowed for taxes paid on aviation
4 fuel sold on or after December 1, 2019 and through December 31,
5 2020), 10, 11, 12 (except the reference therein to Section 2b
6 of the Retailers' Occupation Tax Act), 13 (except that any
7 reference to the State shall mean the territory of the
8 commission), the first paragraph of Section 15, 15.5, 16, 17,
9 18, 19, and 20 of the Service Occupation Tax Act as fully as if
10 those provisions were set forth herein.
11 Persons subject to any tax imposed under the authority
12 granted in this paragraph may reimburse themselves for their
13 serviceman's tax liability hereunder by separately stating the
14 tax as an additional charge, which charge may be stated in
15 combination, in a single amount, with State tax that
16 servicemen are authorized to collect under the Service Use Tax
17 Act, and any tax for which servicemen may be liable under
18 subsection (f) of Section 4.03 of the Northern Illinois
19 Transit Regional Transportation Authority Act, in accordance
20 with such bracket schedules as the Department may prescribe.
21 Whenever the Department determines that a refund should be
22 made under this paragraph to a claimant instead of issuing a
23 credit memorandum, the Department shall notify the State
24 Comptroller, who shall cause the warrant to be drawn for the
25 amount specified, and to the person named, in the notification
26 from the Department. The refund shall be paid by the State
SB2111 Enrolled - 837 - LRB104 09876 LNS 19944 b
1 Treasurer out of a county water commission tax fund
2 established under subsection (g) of this Section.
3 Nothing in this paragraph shall be construed to authorize
4 a county water commission to impose a tax upon the privilege of
5 engaging in any business which under the Constitution of the
6 United States may not be made the subject of taxation by the
7 State.
8 (d) If a tax has been imposed under subsection (b), a tax
9 shall also be imposed upon the privilege of using, in the
10 territory of the commission, any item of tangible personal
11 property that is purchased outside the territory at retail
12 from a retailer, and that is titled or registered with an
13 agency of this State's government, at a rate of 1/4% of the
14 selling price of the tangible personal property within the
15 territory, as "selling price" is defined in the Use Tax Act.
16 The tax shall be collected from persons whose Illinois address
17 for titling or registration purposes is given as being in the
18 territory. The tax shall be collected by the Department of
19 Revenue for a county water commission. The tax must be paid to
20 the State, or an exemption determination must be obtained from
21 the Department of Revenue, before the title or certificate of
22 registration for the property may be issued. The tax or proof
23 of exemption may be transmitted to the Department by way of the
24 State agency with which, or the State officer with whom, the
25 tangible personal property must be titled or registered if the
26 Department and the State agency or State officer determine
SB2111 Enrolled - 838 - LRB104 09876 LNS 19944 b
1 that this procedure will expedite the processing of
2 applications for title or registration.
3 The Department shall have full power to administer and
4 enforce this paragraph; to collect all taxes, penalties, and
5 interest due hereunder; to dispose of taxes, penalties, and
6 interest so collected in the manner hereinafter provided; and
7 to determine all rights to credit memoranda or refunds arising
8 on account of the erroneous payment of tax, penalty, or
9 interest hereunder. In the administration of and compliance
10 with this paragraph, the Department and persons who are
11 subject to this paragraph shall have the same rights,
12 remedies, privileges, immunities, powers, and duties, and be
13 subject to the same conditions, restrictions, limitations,
14 penalties, exclusions, exemptions, and definitions of terms
15 and employ the same modes of procedure, as are prescribed in
16 Sections 2 (except the definition of "retailer maintaining a
17 place of business in this State"), 3 through 3-80 (except
18 provisions pertaining to the State rate of tax, and except
19 provisions concerning collection or refunding of the tax by
20 retailers), 4, 11, 12, 12a, 14, 15, 19 (except the portions
21 pertaining to claims by retailers and except the last
22 paragraph concerning refunds), 20, 21, and 22 of the Use Tax
23 Act and Section 3-7 of the Uniform Penalty and Interest Act
24 that are not inconsistent with this paragraph, as fully as if
25 those provisions were set forth herein.
26 Whenever the Department determines that a refund should be
SB2111 Enrolled - 839 - LRB104 09876 LNS 19944 b
1 made under this paragraph to a claimant instead of issuing a
2 credit memorandum, the Department shall notify the State
3 Comptroller, who shall cause the order to be drawn for the
4 amount specified, and to the person named, in the notification
5 from the Department. The refund shall be paid by the State
6 Treasurer out of a county water commission tax fund
7 established under subsection (g) of this Section.
8 (e) A certificate of registration issued by the State
9 Department of Revenue to a retailer under the Retailers'
10 Occupation Tax Act or under the Service Occupation Tax Act
11 shall permit the registrant to engage in a business that is
12 taxed under the tax imposed under subsection (b), (c), or (d)
13 of this Section and no additional registration shall be
14 required under the tax. A certificate issued under the Use Tax
15 Act or the Service Use Tax Act shall be applicable with regard
16 to any tax imposed under subsection (c) of this Section.
17 (f) Any ordinance imposing or discontinuing any tax under
18 this Section shall be adopted and a certified copy thereof
19 filed with the Department on or before June 1, whereupon the
20 Department of Revenue shall proceed to administer and enforce
21 this Section on behalf of the county water commission as of
22 September 1 next following the adoption and filing. Beginning
23 January 1, 1992, an ordinance or resolution imposing or
24 discontinuing the tax hereunder shall be adopted and a
25 certified copy thereof filed with the Department on or before
26 the first day of July, whereupon the Department shall proceed
SB2111 Enrolled - 840 - LRB104 09876 LNS 19944 b
1 to administer and enforce this Section as of the first day of
2 October next following such adoption and filing. Beginning
3 January 1, 1993, an ordinance or resolution imposing or
4 discontinuing the tax hereunder shall be adopted and a
5 certified copy thereof filed with the Department on or before
6 the first day of October, whereupon the Department shall
7 proceed to administer and enforce this Section as of the first
8 day of January next following such adoption and filing.
9 (g) The State Department of Revenue shall, upon collecting
10 any taxes as provided in this Section, pay the taxes over to
11 the State Treasurer as trustee for the commission. The taxes
12 shall be held in a trust fund outside the State treasury
13 Treasury.
14 As soon as possible after the first day of each month,
15 beginning January 1, 2011, upon certification of the
16 Department of Revenue, the Comptroller shall order
17 transferred, and the Treasurer shall transfer, to the STAR
18 Bonds Revenue Fund the local sales tax increment, as defined
19 in the Innovation Development and Economy Act, collected under
20 this Section during the second preceding calendar month for
21 sales within a STAR bond district.
22 After the monthly transfer to the STAR Bonds Revenue Fund,
23 on or before the 25th day of each calendar month, the State
24 Department of Revenue shall prepare and certify to the
25 Comptroller of the State of Illinois the amount to be paid to
26 the commission, which shall be the amount (not including
SB2111 Enrolled - 841 - LRB104 09876 LNS 19944 b
1 credit memoranda) collected under this Section during the
2 second preceding calendar month by the Department plus an
3 amount the Department determines is necessary to offset any
4 amounts that were erroneously paid to a different taxing body,
5 and not including any amount equal to the amount of refunds
6 made during the second preceding calendar month by the
7 Department on behalf of the commission, and not including any
8 amount that the Department determines is necessary to offset
9 any amounts that were payable to a different taxing body but
10 were erroneously paid to the commission, and less any amounts
11 that are transferred to the STAR Bonds Revenue Fund, less 1.5%
12 of the remainder, which shall be transferred into the Tax
13 Compliance and Administration Fund. The Department, at the
14 time of each monthly disbursement to the commission, shall
15 prepare and certify to the State Comptroller the amount to be
16 transferred into the Tax Compliance and Administration Fund
17 under this subsection. Within 10 days after receipt by the
18 Comptroller of the certification of the amount to be paid to
19 the commission and the Tax Compliance and Administration Fund,
20 the Comptroller shall cause an order to be drawn for the
21 payment for the amount in accordance with the direction in the
22 certification.
23 (h) Beginning June 1, 2016, any tax imposed pursuant to
24 this Section may no longer be imposed or collected, unless a
25 continuation of the tax is approved by the voters at a
26 referendum as set forth in this Section.
SB2111 Enrolled - 842 - LRB104 09876 LNS 19944 b
1 (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
2 100-863, eff. 8-14-18; 100-1171, eff. 1-4-19; 101-10, eff.
3 6-5-19; 101-81, eff. 7-12-19; 101-604, eff. 12-13-19.)
4 Section 15-170. The School Code is amended by changing
5 Sections 29-5 and 34-4 as follows:
6 (105 ILCS 5/29-5) (from Ch. 122, par. 29-5)
7 Sec. 29-5. Reimbursement by State for transportation. Any
8 school district or State-authorized charter school,
9 maintaining a school, transporting resident pupils to another
10 school district's vocational program, offered through a joint
11 agreement approved by the State Board of Education, as
12 provided in Section 10-22.22 or transporting its resident
13 pupils to a school which meets the standards for recognition
14 as established by the State Board of Education which provides
15 transportation meeting the standards of safety, comfort,
16 convenience, efficiency and operation prescribed by the State
17 Board of Education for resident pupils in kindergarten or any
18 of grades 1 through 12 who: (a) reside at least 1 1/2 miles as
19 measured by the customary route of travel, from the school
20 attended; or (b) reside in areas where conditions are such
21 that walking constitutes a hazard to the safety of the child
22 when determined under Section 29-3; and (c) are transported to
23 the school attended from pick-up points at the beginning of
24 the school day and back again at the close of the school day or
SB2111 Enrolled - 843 - LRB104 09876 LNS 19944 b
1 transported to and from their assigned attendance centers
2 during the school day shall be reimbursed by the State as
3 hereinafter provided in this Section.
4 The State will pay the prorated allowable cost of
5 transporting eligible pupils less the real equalized assessed
6 valuation as computed under paragraph (3) of subsection (d) of
7 Section 18-8.15 in a dual school district maintaining
8 secondary grades 9 to 12 inclusive times a qualifying rate of
9 .05%; in elementary school districts maintaining grades K to 8
10 times a qualifying rate of .06%; and in unit districts
11 maintaining grades K to 12, including partial elementary unit
12 districts formed pursuant to Article 11E, times a qualifying
13 rate of .07%. For a State-authorized charter school, the State
14 shall pay the prorated allowable cost of transporting eligible
15 pupils less a real equalized assessed valuation calculated
16 pursuant to this Section times a qualifying rate. For purposes
17 of calculating the real equalized assessed valuation for a
18 State-authorized charter school whose resident district is not
19 a school district organized under Article 34 of this Code, the
20 State Board of Education shall calculate the average of the
21 number of students in grades kindergarten through 12 reported
22 as enrolled in the charter school in the State Board's Student
23 Information System on October 1 and March 1 of the immediately
24 preceding school year. That value shall be divided by the
25 average of the number of students in grades kindergarten
26 through 12 reported as enrolled in the charter school's
SB2111 Enrolled - 844 - LRB104 09876 LNS 19944 b
1 resident district on October 1 and March 1 of the immediately
2 preceding school year. That proportion shall be multiplied by
3 the real equalized assessed valuation as computed under
4 paragraph (3) of subsection (d) of Section 18-8.15 for each
5 State-authorized charter school's applicable resident
6 district. A State-authorized charter school whose resident
7 district is organized under Article 34 of this Code shall have
8 a real equalized assessed valuation equal to the real
9 equalized assessed valuation of its resident district as
10 computed under paragraph (3) of subsection (d) of Section
11 18-8.15. A State-authorized charter school's qualifying rate
12 shall be the same as the rate that applies to the charter
13 school's resident district.
14 To be eligible to receive reimbursement in excess of 4/5
15 of the cost to transport eligible pupils, a school district or
16 partial elementary unit district formed pursuant to Article
17 11E shall have a Transportation Fund tax rate of at least .12%.
18 The Transportation Fund tax rate for a partial elementary unit
19 district formed pursuant Article 11E shall be the combined
20 elementary and high school rates pursuant to paragraph (4) of
21 subsection (a) of Section 18-8.15.
22 If a school district or partial elementary unit district
23 formed pursuant to Article 11E does not have a .12%
24 Transportation Fund tax rate, the amount of its claim in
25 excess of 4/5 of the cost of transporting pupils shall be
26 reduced by the sum arrived at by subtracting the
SB2111 Enrolled - 845 - LRB104 09876 LNS 19944 b
1 Transportation Fund tax rate from .12% and multiplying that
2 amount by the district's real equalized assessed valuation as
3 computed under paragraph (3) of subsection (d) of Section
4 18-8.15, provided that in no case shall said reduction result
5 in reimbursement of less than 4/5 of the cost to transport
6 eligible pupils. No such adjustment may be applied to a claim
7 filed by a State-authorized charter school.
8 Subject to the calculation of equalized assessed
9 valuation, an adjustment for an insufficient tax rate, and the
10 use of a qualifying rate as provided in this Section, a
11 State-authorized charter school may make a claim for
12 reimbursement by the State that is calculated in the same
13 manner as a school district.
14 The minimum amount to be received by a district is $16
15 times the number of eligible pupils transported.
16 When calculating the reimbursement for transportation
17 costs, the State Board of Education may not deduct the number
18 of pupils enrolled in early education programs from the number
19 of pupils eligible for reimbursement if the pupils enrolled in
20 the early education programs are transported at the same time
21 as other eligible pupils.
22 Any such district transporting resident pupils during the
23 school day to an area vocational school or another school
24 district's vocational program more than 1 1/2 miles from the
25 school attended, as provided in Sections 10-22.20a and
26 10-22.22, shall be reimbursed by the State for 4/5 of the cost
SB2111 Enrolled - 846 - LRB104 09876 LNS 19944 b
1 of transporting eligible pupils.
2 School day means that period of time during which the
3 pupil is required to be in attendance for instructional
4 purposes.
5 If a pupil is at a location within the school district
6 other than his residence for child care purposes at the time
7 for transportation to school, that location may be considered
8 for purposes of determining the 1 1/2 miles from the school
9 attended.
10 Claims for reimbursement that include children who attend
11 any school other than a public school shall show the number of
12 such children transported.
13 Claims for reimbursement under this Section shall not be
14 paid for the transportation of pupils for whom transportation
15 costs are claimed for payment under other Sections of this
16 Act.
17 The allowable direct cost of transporting pupils for
18 regular, vocational, and special education pupil
19 transportation shall be limited to the sum of the cost of
20 physical examinations required for employment as a school bus
21 driver; the salaries of full-time or part-time drivers and
22 school bus maintenance personnel; employee benefits excluding
23 Illinois municipal retirement payments, social security
24 payments, unemployment insurance payments and workers'
25 compensation insurance premiums; expenditures to independent
26 carriers who operate school buses; payments to other school
SB2111 Enrolled - 847 - LRB104 09876 LNS 19944 b
1 districts for pupil transportation services; pre-approved
2 contractual expenditures for computerized bus scheduling;
3 expenditures for housing assistance and homeless prevention
4 under Sections 1-17 and 1-18 of the Education for Homeless
5 Children Act that are not in excess of the school district's
6 actual costs for providing transportation services and are not
7 otherwise claimed in another State or federal grant that
8 permits those costs to a parent, a legal guardian, any other
9 person who enrolled a pupil, or a homeless assistance agency
10 that is part of the federal McKinney-Vento Homeless Assistance
11 Act's continuum of care for the area in which the district is
12 located; the cost of gasoline, oil, tires, and other supplies
13 necessary for the operation of school buses; the cost of
14 converting buses' gasoline engines to more fuel efficient
15 engines or to engines which use alternative energy sources;
16 the cost of travel to meetings and workshops conducted by the
17 regional superintendent or the State Superintendent of
18 Education pursuant to the standards established by the
19 Secretary of State under Section 6-106 of the Illinois Vehicle
20 Code to improve the driving skills of school bus drivers; the
21 cost of maintenance of school buses including parts and
22 materials used; expenditures for leasing transportation
23 vehicles, except interest and service charges; the cost of
24 insurance and licenses for transportation vehicles;
25 expenditures for the rental of transportation equipment; plus
26 a depreciation allowance of 20% for 5 years for school buses
SB2111 Enrolled - 848 - LRB104 09876 LNS 19944 b
1 and vehicles approved for transporting pupils to and from
2 school and a depreciation allowance of 10% for 10 years for
3 other transportation equipment so used. Each school year, if a
4 school district has made expenditures to the Northern Illinois
5 Transit Regional Transportation Authority or any of its
6 service boards, a mass transit district, or an urban
7 transportation district under an intergovernmental agreement
8 with the district to provide for the transportation of pupils
9 and if the public transit carrier received direct payment for
10 services or passes from a school district within its service
11 area during the 2000-2001 school year, then the allowable
12 direct cost of transporting pupils for regular, vocational,
13 and special education pupil transportation shall also include
14 the expenditures that the district has made to the public
15 transit carrier. In addition to the above allowable costs,
16 school districts shall also claim all transportation
17 supervisory salary costs, including Illinois municipal
18 retirement payments, and all transportation-related
19 transportation related building and building maintenance costs
20 without limitation.
21 Special education allowable costs shall also include
22 expenditures for the salaries of attendants or aides for that
23 portion of the time they assist special education pupils while
24 in transit and expenditures for parents and public carriers
25 for transporting special education pupils when pre-approved by
26 the State Superintendent of Education.
SB2111 Enrolled - 849 - LRB104 09876 LNS 19944 b
1 Indirect costs shall be included in the reimbursement
2 claim for districts which own and operate their own school
3 buses. Such indirect costs shall include administrative costs,
4 or any costs attributable to transporting pupils from their
5 attendance centers to another school building for
6 instructional purposes. No school district which owns and
7 operates its own school buses may claim reimbursement for
8 indirect costs which exceed 5% of the total allowable direct
9 costs for pupil transportation.
10 The State Board of Education shall prescribe uniform
11 regulations for determining the above standards and shall
12 prescribe forms of cost accounting and standards of
13 determining reasonable depreciation. Such depreciation shall
14 include the cost of equipping school buses with the safety
15 features required by law or by the rules, regulations and
16 standards promulgated by the State Board of Education, and the
17 Department of Transportation for the safety and construction
18 of school buses provided, however, any equipment cost
19 reimbursed by the Department of Transportation for equipping
20 school buses with such safety equipment shall be deducted from
21 the allowable cost in the computation of reimbursement under
22 this Section in the same percentage as the cost of the
23 equipment is depreciated.
24 On or before August 15, annually, the chief school
25 administrator for the district shall certify to the State
26 Superintendent of Education the district's claim for
SB2111 Enrolled - 850 - LRB104 09876 LNS 19944 b
1 reimbursement for the school year ending on June 30 next
2 preceding. The State Superintendent of Education shall check
3 and approve the claims and prepare the vouchers showing the
4 amounts due for district reimbursement claims. Each fiscal
5 year, the State Superintendent of Education shall prepare and
6 transmit the first 3 vouchers to the Comptroller on the 30th
7 day of September, December and March, respectively, and the
8 final voucher, no later than June 20.
9 If the amount appropriated for transportation
10 reimbursement is insufficient to fund total claims for any
11 fiscal year, the State Board of Education shall reduce each
12 school district's allowable costs and flat grant amount
13 proportionately to make total adjusted claims equal the total
14 amount appropriated.
15 For purposes of calculating claims for reimbursement under
16 this Section for any school year beginning July 1, 2016, the
17 equalized assessed valuation for a school district or partial
18 elementary unit district formed pursuant to Article 11E used
19 to compute reimbursement shall be the real equalized assessed
20 valuation as computed under paragraph (3) of subsection (d) of
21 Section 18-8.15.
22 All reimbursements received from the State shall be
23 deposited into the district's transportation fund or into the
24 fund from which the allowable expenditures were made.
25 Notwithstanding any other provision of law, any school
26 district receiving a payment under this Section or under
SB2111 Enrolled - 851 - LRB104 09876 LNS 19944 b
1 Section 14-7.02, 14-7.02b, or 14-13.01 of this Code may
2 classify all or a portion of the funds that it receives in a
3 particular fiscal year or from State aid pursuant to Section
4 18-8.15 of this Code as funds received in connection with any
5 funding program for which it is entitled to receive funds from
6 the State in that fiscal year (including, without limitation,
7 any funding program referenced in this Section), regardless of
8 the source or timing of the receipt. The district may not
9 classify more funds as funds received in connection with the
10 funding program than the district is entitled to receive in
11 that fiscal year for that program. Any classification by a
12 district must be made by a resolution of its board of
13 education. The resolution must identify the amount of any
14 payments or general State aid to be classified under this
15 paragraph and must specify the funding program to which the
16 funds are to be treated as received in connection therewith.
17 This resolution is controlling as to the classification of
18 funds referenced therein. A certified copy of the resolution
19 must be sent to the State Superintendent of Education. The
20 resolution shall still take effect even though a copy of the
21 resolution has not been sent to the State Superintendent of
22 Education in a timely manner. No classification under this
23 paragraph by a district shall affect the total amount or
24 timing of money the district is entitled to receive under this
25 Code. No classification under this paragraph by a district
26 shall in any way relieve the district from or affect any
SB2111 Enrolled - 852 - LRB104 09876 LNS 19944 b
1 requirements that otherwise would apply with respect to that
2 funding program, including any accounting of funds by source,
3 reporting expenditures by original source and purpose,
4 reporting requirements, or requirements of providing services.
5 Any school district with a population of not more than
6 500,000 must deposit all funds received under this Article
7 into the transportation fund and use those funds for the
8 provision of transportation services.
9 (Source: P.A. 102-539, eff. 8-20-21; 102-813, eff. 5-13-22;
10 103-588, eff. 1-1-25.)
11 (105 ILCS 5/34-4) (from Ch. 122, par. 34-4)
12 Sec. 34-4. Eligibility. To be eligible for election or
13 appointment to the Board, a person shall be a citizen of the
14 United States, shall be a registered voter as provided in the
15 Election Code, shall have been, for a period of one year
16 immediately before election or appointment, a resident of the
17 city, district, and subdistrict that the member represents,
18 and shall not be a child sex offender as defined in Section
19 11-9.3 of the Criminal Code of 2012. A person is ineligible for
20 election or appointment to the Board if that person is not in
21 compliance with the provisions of Section 10-9 as referenced
22 in Section 34-3. For the 2024 general election, all persons
23 eligible for election to the Board shall be nominated by a
24 petition signed by at least 1,000 but not more than 3,000 of
25 the voters residing within the electoral district on a
SB2111 Enrolled - 853 - LRB104 09876 LNS 19944 b
1 petition in order to be placed on the ballot. For the 2026
2 general election and general elections thereafter, persons
3 eligible for election to the Board shall be nominated by a
4 petition signed by at least 500 but no more than 1,500 voters
5 residing within the subdistrict on a petition in order to be
6 placed on the ballot, except that persons eligible for
7 election to the Board at large shall be nominated by a petition
8 signed by no less than 2,500 voters residing within the city.
9 Any registered voter may sign a nominating petition,
10 irrespective of any partisan petition the voter signs or may
11 sign. For the 2024 general election only, the petition
12 circulation period shall begin on March 26, 2024, and the
13 filing period shall be from June 17, 2024 to June 24, 2024.
14 Permanent removal from the city by any member of the Board
15 during the member's term of office constitutes a resignation
16 therefrom and creates a vacancy in the Board. Board members
17 shall serve without any compensation; however, members of the
18 Board shall be reimbursed for expenses incurred while in the
19 performance of their duties upon submission of proper receipts
20 or upon submission of a signed voucher in the case of an
21 expense allowance evidencing the amount of such reimbursement
22 or allowance to the President of the Board for verification
23 and approval. Board members shall not hold other public office
24 under the Federal, State or any local government other than
25 that of Director of the Northern Illinois Transit Regional
26 Transportation Authority, member of the economic development
SB2111 Enrolled - 854 - LRB104 09876 LNS 19944 b
1 commission of a city having a population exceeding 500,000,
2 notary public or member of the National Guard, and by
3 accepting any such office while members of the Board, or by not
4 resigning any such office held at the time of being elected or
5 appointed to the Board within 30 days after such election or
6 appointment, shall be deemed to have vacated their membership
7 in the Board.
8 (Source: P.A. 102-177, eff. 6-1-22; 102-691, eff. 12-17-21;
9 103-584, eff. 3-18-24.)
10 Section 15-175. The Public Utilities Act is amended by
11 changing Section 4-302 as follows:
12 (220 ILCS 5/4-302) (from Ch. 111 2/3, par. 4-302)
13 Sec. 4-302. The Commission shall cooperate with the
14 Northern Illinois Transit Regional Transportation Authority
15 created pursuant to the "Northern Illinois Transit Regional
16 Transportation Authority Act", enacted by the 78th General
17 Assembly, in the exercise of the powers of the Authority as
18 provided in that Act.
19 Transportation Agencies which have any purchase of service
20 agreement with a Service Board as provided in the "Northern
21 Illinois Transit Regional Transportation Authority Act" shall
22 not be subject to this Act as to any public transportation
23 which is the subject of such agreement. Any service and
24 business exempted from this Act pursuant to this Section shall
SB2111 Enrolled - 855 - LRB104 09876 LNS 19944 b
1 not be considered "intrastate public utility business" as
2 defined in Section 3-120 of this Act.
3 No contract between any Transportation Agency and the
4 Authority or a Service Board or acquisition by the Authority
5 or a Service Board of any property, including property of a
6 Transportation Agency pursuant to and as defined in the
7 Northern Illinois Transit Regional Transportation Authority
8 Act, shall, except as provided in such Act, be subject to the
9 supervision, regulation or approval of the Commission.
10 In the event a Service Board shall determine that any
11 Public Transportation service provided by any Transportation
12 Agency with which that Service Board has a Purchase of Service
13 Agreement is not necessary for the public interest and shall
14 for that reason decline to enter into any Purchase of Service
15 Agreement for such particular service, all pursuant to and as
16 defined in such Northern Illinois Transit Regional
17 Transportation Authority Act, then the discontinuation of such
18 service by such Transportation Agency shall not be subject to
19 the supervision, regulation or approval of the Commission.
20 (Source: P.A. 84-617; 84-1025.)
21 Section 15-180. The Telecommunication Devices for the Deaf
22 Act is amended by changing Section 2 as follows:
23 (410 ILCS 55/2) (from Ch. 111 1/2, par. 4202)
24 Sec. 2. As used in this Act, unless the context otherwise
SB2111 Enrolled - 856 - LRB104 09876 LNS 19944 b
1 requires:
2 (a) "Telecommunication device for the deaf" means a
3 teletypewriter or other instrument for telecommunication in
4 which speaking or hearing is not required for communication.
5 (b) "Public Safety Agency" means any unit of local
6 government or special purpose district within the State which
7 has authority to provide firefighting, police, or other
8 emergency services.
9 (c) "Department" means the Department of Human Services.
10 (d) "Major public transportation site" means any airport
11 or railroad station in the State providing commercial rail or
12 airline service to the general public, that serves and is
13 located within 20 miles of a municipality with a population of
14 25,000 or more, except for any facility under the jurisdiction
15 of the Commuter Rail Division created by the Northern Illinois
16 Transit Regional Transportation Authority Act or the Chicago
17 Transit Authority created by the Metropolitan Transit
18 Authority Act.
19 (e) "General traveling public" are individuals making use
20 of the commercial rail and airline services which are provided
21 at major public transportation sites.
22 (Source: P.A. 89-507, eff. 7-1-97.)
23 Section 15-185. The Illinois Highway Code is amended by
24 changing Section 6-411.5 as follows:
SB2111 Enrolled - 857 - LRB104 09876 LNS 19944 b
1 (605 ILCS 5/6-411.5)
2 Sec. 6-411.5. Contracts for public transportation. The
3 highway commissioner of each road district within the
4 territory of the Northern Illinois Transit Regional
5 Transportation Authority shall have authority, with the
6 approval of the township board of trustees, to contract with
7 the Northern Illinois Transit Regional Transportation
8 Authority or a Service Board, as defined in the Northern
9 Illinois Transit Regional Transportation Authority Act, for
10 the purchase of public transportation services within the
11 district, upon such terms and conditions as may be mutually
12 agreed upon. The expenditure of road funds, collected under a
13 road district tax, to purchase public transportation services
14 constitutes a road purpose under this Code.
15 (Source: P.A. 89-347, eff. 1-1-96.)
16 Section 15-190. The Toll Highway Act is amended by
17 changing Sections 11 and 19 as follows:
18 (605 ILCS 10/11) (from Ch. 121, par. 100-11)
19 Sec. 11. The Authority shall have power:
20 (a) To enter upon lands, waters and premises in the State
21 for the purpose of making surveys, soundings, drillings and
22 examinations as may be necessary, expedient or convenient for
23 the purposes of this Act, and such entry shall not be deemed to
24 be a trespass, nor shall an entry for such purpose be deemed an
SB2111 Enrolled - 858 - LRB104 09876 LNS 19944 b
1 entry under any condemnation proceedings which may be then
2 pending; provided, however, that the Authority shall make
3 reimbursement for any actual damage resulting to such lands,
4 waters and premises as the result of such activities.
5 (b) To construct, maintain and operate stations for the
6 collection of tolls or charges upon and along any toll
7 highways.
8 (c) To provide for the collection of tolls and charges for
9 the privilege of using the said toll highways. Before it
10 adopts an increase in the rates for toll, the Authority shall
11 hold a public hearing at which any person may appear, express
12 opinions, suggestions, or objections, or direct inquiries
13 relating to the proposed increase. Any person may submit a
14 written statement to the Authority at the hearing, whether
15 appearing in person or not. The hearing shall be held in the
16 county in which the proposed increase of the rates is to take
17 place. The Authority shall give notice of the hearing by
18 advertisement on 3 successive days at least 15 days prior to
19 the date of the hearing in a daily newspaper of general
20 circulation within the county within which the hearing is
21 held. The notice shall state the date, time, and place of the
22 hearing, shall contain a description of the proposed increase,
23 and shall specify how interested persons may obtain copies of
24 any reports, resolutions, or certificates describing the basis
25 on which the proposed change, alteration, or modification was
26 calculated. After consideration of any statements filed or
SB2111 Enrolled - 859 - LRB104 09876 LNS 19944 b
1 oral opinions, suggestions, objections, or inquiries made at
2 the hearing, the Authority may proceed to adopt the proposed
3 increase of the rates for toll. No change or alteration in or
4 modification of the rates for toll shall be effective unless
5 at least 30 days prior to the effective date of such rates
6 notice thereof shall be given to the public by publication in a
7 newspaper of general circulation, and such notice, or notices,
8 thereof shall be posted and publicly displayed at each and
9 every toll station upon or along said toll highways.
10 To the extent consistent with the Toll Highway Act and the
11 provisions of any outstanding bond indentures, tolls for
12 passenger vehicles shall be increased by 45 cents, with
13 proportionate reductions for reduced fare programs, and tolls
14 on commercial vehicles shall be increased by 30% effective on
15 January 1, 2027, with a biennial escalator tied to the
16 Consumer Price Index-U, capped at 4% per year, beginning on
17 January 1, 2029, to fund the 2026 capital plan. If the Tollway
18 Board determines that this provision is inconsistent with this
19 Act or any provisions of outstanding bond indentures, then, in
20 such case, the General Assembly urges the Tollway Board to
21 consider the implementation of a 2026 capital plan and any
22 necessary toll increases to fund such a plan. As used in this
23 subsection, "Consumer Price Index-U" means the index published
24 by the Bureau of Labor Statistics of the United States
25 Department of Labor that measures the average change in prices
26 of goods and services purchased by all urban consumers, United
SB2111 Enrolled - 860 - LRB104 09876 LNS 19944 b
1 States city average, all items, 1982-84 = 100.
2 (d) To construct, at the Authority's discretion, grade
3 separations at intersections with any railroads, waterways,
4 street railways, streets, thoroughfares, public roads or
5 highways intersected by the said toll highways, and to change
6 and adjust the lines and grades thereof so as to accommodate
7 the same to the design of such grade separation and to
8 construct interchange improvements. The Authority is
9 authorized to provide such grade separations or interchange
10 improvements at its own cost or to enter into contracts or
11 agreements with reference to division of cost therefor with
12 any municipality or political subdivision of the State of
13 Illinois, or with the Federal Government, or any agency
14 thereof, or with any corporation, individual, firm, person or
15 association. Where such structures have been or will be built
16 by the Authority, the local highway agency or municipality
17 with jurisdiction shall enter into an agreement with the
18 Authority for the ongoing maintenance of the structures.
19 (e) To contract with and grant concessions to or lease or
20 license to any person, partnership, firm, association or
21 corporation so desiring the use of any part of any toll
22 highways, excluding the paved portion thereof, but including
23 the right of way adjoining, under, or over said paved portion
24 for the placing of telephone, telegraph, electric, power lines
25 and other utilities, and for the placing of pipe lines, and to
26 enter into operating agreements with or to contract with and
SB2111 Enrolled - 861 - LRB104 09876 LNS 19944 b
1 grant concessions to or to lease to any person, partnership,
2 firm, association or corporation so desiring the use of any
3 part of the toll highways, excluding the paved portion
4 thereof, but including the right of way adjoining, or over
5 said paved portion for motor fuel service stations and
6 facilities, garages, stores and restaurants, or for any other
7 lawful purpose, and to fix the terms, conditions, rents, rates
8 and charges for such use.
9 By January 1, 2016, the Authority shall construct and
10 maintain at least one electric vehicle charging station at any
11 location where the Authority has entered into an agreement
12 with any entity pursuant to this subsection (e) for the
13 purposes of providing motor fuel service stations and
14 facilities, garages, stores, or restaurants. The Authority
15 shall charge a fee for the use of these charging stations to
16 offset the costs of constructing and maintaining these
17 charging stations. The Authority shall adopt rules to
18 implement the erection, user fees, and maintenance of electric
19 vehicle charging stations pursuant to this subsection (e).
20 The Authority shall also have power to establish
21 reasonable regulations for the installation, construction,
22 maintenance, repair, renewal, relocation and removal of pipes,
23 mains, conduits, cables, wires, towers, poles and other
24 equipment and appliances (herein called public utilities) of
25 any public utility as defined in the Public Utilities Act
26 along, over or under any toll road project. Whenever the
SB2111 Enrolled - 862 - LRB104 09876 LNS 19944 b
1 Authority shall determine that it is necessary that any such
2 public utility facilities which now are located in, on, along,
3 over or under any project or projects be relocated or removed
4 entirely from any such project or projects, the public utility
5 owning or operating such facilities shall relocate or remove
6 the same in accordance with the order of the Authority. All
7 costs and expenses of such relocation or removal, including
8 the cost of installing such facilities in a new location or
9 locations, and the cost of any land or lands, or interest in
10 land, or any other rights required to accomplish such
11 relocation or removal shall be ascertained and paid by the
12 Authority as a part of the cost of any such project or
13 projects, and further, there shall be no rent, fee or other
14 charge of any kind imposed upon the public utility owning or
15 operating any facilities ordered relocated on the properties
16 of the said Authority and the said Authority shall grant to the
17 said public utility owning or operating said facilities and
18 its successors and assigns the right to operate the same in the
19 new location or locations for as long a period and upon the
20 same terms and conditions as it had the right to maintain and
21 operate such facilities in their former location or locations.
22 (f) To enter into an intergovernmental agreement or
23 contract with a unit of local government or other public or
24 private entity for the collection, enforcement, and
25 administration of tolls, fees, revenue, and violations,
26 including for a private bridge operator's collection,
SB2111 Enrolled - 863 - LRB104 09876 LNS 19944 b
1 enforcement, and administration of tolls, violations, fees,
2 fines, charges, and penalties in connection with a bridge
3 authorized under the Toll Bridge Act.
4 The General Assembly finds that electronic toll collection
5 systems in Illinois should be standardized to promote safety,
6 efficiency, and traveler convenience. The Authority shall
7 cooperate with other public and private entities to further
8 the goal of standardized toll collection in Illinois and is
9 authorized to provide toll collection and toll violation
10 enforcement services to such entities when doing so is in the
11 best interest of the Authority and consistent with its
12 obligations under Section 23 of this Act.
13 (Source: P.A. 100-71, eff. 1-1-18; 101-398, eff. 8-16-19.)
14 (605 ILCS 10/19) (from Ch. 121, par. 100-19)
15 Sec. 19. Toll rates. The Authority shall fix and revise
16 from time to time, tolls or charges or rates for the privilege
17 of using each of the toll highways constructed pursuant to
18 this Act. Such tolls shall be so fixed and adjusted at rates
19 calculated to provide the lowest reasonable toll rates that
20 will provide funds sufficient with other revenues of the
21 Authority to pay, (a) the cost of the construction of a toll
22 highway authorized by joint resolution of the General Assembly
23 pursuant to Section 14.1 and the reconstruction, major repairs
24 or improvements of toll highways, (b) the cost of maintaining,
25 repairing, regulating and operating the toll highways
SB2111 Enrolled - 864 - LRB104 09876 LNS 19944 b
1 including only the necessary expenses of the Authority, and
2 (c) the principal of all bonds, interest thereon and all
3 sinking fund requirements and other requirements provided by
4 resolutions authorizing the issuance of the bonds as they
5 shall become due. In fixing the toll rates pursuant to this
6 Section 19 and Section 10(c) of this Act, the Authority shall
7 take into account the effect of the provisions of this Section
8 19 permitting the use of the toll highway system without
9 payment of the covenants of the Authority contained in the
10 resolutions and trust indentures authorizing the issuance of
11 bonds of the Authority. No such provision permitting the use
12 of the toll highway system without payment of tolls after the
13 date of this amendatory Act of the 95th General Assembly shall
14 be applied in a manner that impairs the rights of bondholders
15 pursuant to any resolution or trust indentures authorizing the
16 issuance of bonds of the Authority. The use and disposition of
17 any sinking or reserve fund shall be subject to such
18 regulation as may be provided in the resolution or trust
19 indenture authorizing the issuance of the bonds. Subject to
20 the provisions of any resolution or trust indenture
21 authorizing the issuance of bonds any moneys in any such
22 sinking fund in excess of an amount equal to one year's
23 interest on the bonds then outstanding secured by such sinking
24 fund may be applied to the purchase or redemption of bonds. All
25 such bonds so redeemed or purchased shall forthwith be
26 cancelled and shall not again be issued. No person shall be
SB2111 Enrolled - 865 - LRB104 09876 LNS 19944 b
1 permitted to use any toll highway without paying the toll
2 established under this Section except when on official Toll
3 Highway Authority business which includes police and other
4 emergency vehicles. However, any law enforcement agency
5 vehicle, fire department vehicle, public or private ambulance
6 service vehicle engaged in the performance of an emergency
7 service or duty that necessitates the use of the toll highway
8 system, or other emergency vehicle that is plainly marked
9 shall not be required to pay a toll to use a toll highway. A
10 law enforcement, fire protection, or emergency services
11 officer driving a law enforcement, fire protection, emergency
12 services agency vehicle, or public or private ambulance
13 service vehicle engaging in the performance of emergency
14 services or duties that is not plainly marked must present an
15 Official Permit Card which the law enforcement, fire
16 protection, or emergency services officer receives from his or
17 her law enforcement, fire protection, emergency services
18 agency, or public or private ambulance service in order to use
19 a toll highway without paying the toll. A law enforcement,
20 fire protection, emergency services agency, or public or
21 private ambulance service engaging in the performance of
22 emergency services or duties must apply to the Authority to
23 receive a permit, and the Authority shall adopt rules for the
24 issuance of a permit, that allows public or private ambulance
25 service vehicles engaged in the performance of emergency
26 services or duties that necessitate the use of the toll
SB2111 Enrolled - 866 - LRB104 09876 LNS 19944 b
1 highway system and all law enforcement, fire protection, or
2 emergency services agency vehicles of the law enforcement,
3 fire protection, or emergency services agency to use any toll
4 highway without paying the toll established under this
5 Section. The Authority shall maintain in its office a list of
6 all persons that are authorized to use any toll highway
7 without charge when on official business of the Authority and
8 such list shall be open to the public for inspection. In
9 recognition of the unique role of public transportation in
10 providing effective transportation in the Authority's service
11 region, and to give effect to the exemption set forth in
12 subsection (b) of Section 2.06 of the Northern Illinois
13 Transit Regional Transportation Authority Act, the following
14 vehicles may use any toll highway without paying the toll: (1)
15 a vehicle owned or operated by the Suburban Bus Division of the
16 Northern Illinois Transit Regional Transportation Authority
17 that is being used to transport passengers for hire; and (2)
18 any revenue vehicle that is owned or operated by a Mass Transit
19 District created under Section 3 of the Local Mass Transit
20 District Act and running regular scheduled service.
21 Among other matters, this amendatory Act of 1990 is
22 intended to clarify and confirm the prior intent of the
23 General Assembly to allow toll revenues from the toll highway
24 system to be used to pay a portion of the cost of the
25 construction of the North-South Toll Highway authorized by
26 Senate Joint Resolution 122 of the 83rd General Assembly in
SB2111 Enrolled - 867 - LRB104 09876 LNS 19944 b
1 1984.
2 (Source: P.A. 100-739, eff. 1-1-19.)
3 Section 15-195. The Illinois Aeronautics Act is amended by
4 changing Section 49.1 as follows:
5 (620 ILCS 5/49.1) (from Ch. 15 1/2, par. 22.49a)
6 Sec. 49.1. Creation of hazards. No person may create or
7 construct any airport hazard which obstructs a restricted
8 landing area or residential airport that (1) serves 20 or more
9 based aircraft, and (2) is located within the "metropolitan
10 region" as that term is defined in the Northern Illinois
11 Transit Regional Transportation Authority Act. For the purpose
12 of this Section, "based aircraft" are aircraft that are
13 regularly hangared or tied-down at the restricted landing area
14 or residential airport, or that use it as their primary base of
15 operation. As used in this Section 49.1, "restricted landing
16 area" or "residential airport" shall have the meaning set
17 forth in regulations of the Department in effect on the
18 effective date of this amendatory Act of 1989, but shall not
19 include amendments of the regulations adopted by the
20 Department thereafter.
21 (Source: P.A. 86-963.)
22 Section 15-200. The Illinois Vehicle Code is amended by
23 changing Sections 1-209.3, 8-102, 11-709.2, and 18c-7402 as
SB2111 Enrolled - 868 - LRB104 09876 LNS 19944 b
1 follows:
2 (625 ILCS 5/1-209.3)
3 Sec. 1-209.3. Transit bus. A bus engaged in public
4 transportation as defined by the Regional Transportation
5 Authority Act and authorized by the Department to be used on
6 specifically designated roadway shoulders.
7 (Source: P.A. 97-292, eff. 8-11-11.)
8 (625 ILCS 5/8-102) (from Ch. 95 1/2, par. 8-102)
9 Sec. 8-102. Alternate methods of giving proof.
10 (a) Except as provided in subsection (b), proof of
11 financial responsibility, when required under Section 8-101 or
12 8-101.1, may be given by filing with the Secretary of State one
13 of the following:
14 1. A bond as provided in Section 8-103;
15 2. An insurance policy or other proof of insurance in
16 a form to be prescribed by the Secretary as provided in
17 Section 8-108;
18 3. A certificate of self-insurance issued by the
19 Director;
20 4. A certificate of self-insurance issued to the
21 Northern Illinois Transit Regional Transportation
22 Authority by the Director naming municipal or
23 non-municipal public carriers included therein;
24 5. A certificate of coverage issued by an
SB2111 Enrolled - 869 - LRB104 09876 LNS 19944 b
1 intergovernmental risk management association evidencing
2 coverages which meet or exceed the amounts required under
3 this Code.
4 (b) Beginning January 1, 2020, in lieu of filing the
5 documents required by subsection (a), each owner of a vehicle
6 required to obtain minimum liability insurance under Section
7 8-101 or 8-101.1 shall attest that the vehicle is insured in at
8 least the minimum required amount.
9 (1) The Secretary shall create a form on which the
10 vehicle owner shall attest that the vehicle is insured in
11 at least the minimum required amount. The attestation form
12 shall be submitted with each registration application.
13 (2) The attestation form shall be valid for the full
14 registration period; however, if at any time the Secretary
15 has reason to believe that the owner does not have the
16 minimum required amount of insurance for a vehicle, the
17 Secretary may require the owner to file with the Secretary
18 documentation as set forth in subsection (a) of this
19 Section.
20 (3) If the owner fails to provide the required
21 documentation within 7 calendar days after the request is
22 made, the Secretary may suspend the vehicle registration.
23 The registration shall remain suspended until such time as
24 the required documentation is provided to and reviewed by
25 the Secretary.
26 (4) The owner of a vehicle that is self-insured shall
SB2111 Enrolled - 870 - LRB104 09876 LNS 19944 b
1 attest that the funds available to pay liability claims
2 related to the operation of the vehicle are equivalent to
3 or greater than the minimum liability insurance
4 requirements under Section 8-101 or 8-101.1.
5 (c) The Secretary of State may adopt rules to implement
6 this Section.
7 (Source: P.A. 100-986, eff. 1-1-21.)
8 (625 ILCS 5/11-709.2)
9 Sec. 11-709.2. Bus on shoulder program.
10 (a) The use of specifically designated shoulders of
11 roadways by transit buses may be authorized by the Department
12 in cooperation with the Northern Illinois Transit Regional
13 Transportation Authority or a local mass transit system and
14 the Suburban Bus Division of the Regional Transportation
15 Authority. The Department shall prescribe by rule which
16 transit buses are authorized to operate on shoulders, as well
17 as times and locations. The Department may erect signage to
18 indicate times and locations of designated shoulder usage.
19 (b) (Blank).
20 (c) (Blank).
21 (Source: P.A. 98-756, eff. 7-16-14; 98-871, eff. 8-11-14;
22 99-78, eff. 7-20-15.)
23 (625 ILCS 5/18c-7402) (from Ch. 95 1/2, par. 18c-7402)
24 Sec. 18c-7402. Safety requirements for railroad
SB2111 Enrolled - 871 - LRB104 09876 LNS 19944 b
1 operations.
2 (1) Obstruction of crossings.
3 (a) Obstruction of emergency vehicles. Every railroad
4 shall be operated in such a manner as to minimize
5 obstruction of emergency vehicles at crossings. Where such
6 obstruction occurs and the train crew is aware of the
7 obstruction, the train crew shall immediately take any
8 action, consistent with safe operating procedure,
9 necessary to remove the obstruction. In the Chicago and
10 St. Louis switching districts, every railroad dispatcher
11 or other person responsible for the movement of railroad
12 equipment in a specific area who receives notification
13 that railroad equipment is obstructing the movement of an
14 emergency vehicle at any crossing within such area shall
15 immediately notify the train crew through use of existing
16 communication facilities. Upon notification, the train
17 crew shall take immediate action in accordance with this
18 paragraph.
19 (b) Obstruction of highway at grade crossing
20 prohibited. It is unlawful for a rail carrier to permit
21 any train, railroad car or engine to obstruct public
22 travel at a railroad-highway grade crossing for a period
23 in excess of 10 minutes, except where such train or
24 railroad car is continuously moving or cannot be moved by
25 reason of circumstances over which the rail carrier has no
26 reasonable control.
SB2111 Enrolled - 872 - LRB104 09876 LNS 19944 b
1 In a county with a population of greater than
2 1,000,000, as determined by the most recent federal
3 census, during the hours of 7:00 a.m. through 9:00 a.m.
4 and 4:00 p.m. through 6:00 p.m. it is unlawful for a rail
5 carrier to permit any single train or railroad car to
6 obstruct public travel at a railroad-highway grade
7 crossing in excess of a total of 10 minutes during a 30
8 minute period, except where the train or railroad car
9 cannot be moved by reason or circumstances over which the
10 rail carrier has no reasonable control. Under no
11 circumstances will a moving train be stopped for the
12 purposes of issuing a citation related to this Section.
13 However, no employee acting under the rules or orders
14 of the rail carrier or its supervisory personnel may be
15 prosecuted for a violation of this subsection (b).
16 (c) Punishment for obstruction of grade crossing. Any
17 rail carrier violating paragraph (b) of this subsection
18 shall be guilty of a petty offense and fined not less than
19 $200 nor more than $500 if the duration of the obstruction
20 is in excess of 10 minutes but no longer than 15 minutes.
21 If the duration of the obstruction exceeds 15 minutes the
22 violation shall be a business offense and the following
23 fines shall be imposed: if the duration of the obstruction
24 is in excess of 15 minutes but no longer than 20 minutes,
25 the fine shall be $500; if the duration of the obstruction
26 is in excess of 20 minutes but no longer than 25 minutes,
SB2111 Enrolled - 873 - LRB104 09876 LNS 19944 b
1 the fine shall be $700; if the duration of the obstruction
2 is in excess of 25 minutes, but no longer than 30 minutes,
3 the fine shall be $900; if the duration of the obstruction
4 is in excess of 30 minutes but no longer than 35 minutes,
5 the fine shall be $1,000; if the duration of the
6 obstruction is in excess of 35 minutes, the fine shall be
7 $1,000 plus an additional $500 for each 5 minutes of
8 obstruction in excess of 25 minutes of obstruction.
9 (2) Other operational requirements.
10 (a) Bell and whistle-crossings. Every rail carrier and
11 the Commuter Rail Division of the Northern Illinois
12 Transit Authority shall cause a bell, and a whistle or
13 horn to be placed and kept on each locomotive, and shall
14 cause the same to be rung or sounded by the engineer or
15 fireman, at the distance of at least 1,320 feet, from the
16 place where the railroad crosses or intersects any public
17 highway, and shall be kept ringing or sounding until the
18 highway is reached; provided that at crossings where the
19 Commission shall by order direct, only after a hearing has
20 been held to determine the public is reasonably and
21 sufficiently protected, the rail carrier may be excused
22 from giving warning provided by this paragraph.
23 (a-5) The requirements of paragraph (a) of this
24 subsection (2) regarding ringing a bell and sounding a
25 whistle or horn do not apply at a railroad crossing that
26 has a permanently installed automated audible warning
SB2111 Enrolled - 874 - LRB104 09876 LNS 19944 b
1 device authorized by the Commission under Section
2 18c-7402.1 that sounds automatically when an approaching
3 train is at least 1,320 feet from the crossing and that
4 keeps sounding until the lead locomotive has crossed the
5 highway. The engineer or fireman may ring the bell or
6 sound the whistle or horn at a railroad crossing that has a
7 permanently installed audible warning device.
8 (b) Speed limits. Each rail carrier shall operate its
9 trains in compliance with speed limits set by the
10 Commission. The Commission may set train speed limits only
11 where such limits are necessitated by extraordinary
12 circumstances affecting the public safety, and shall
13 maintain such train speed limits in effect only for such
14 time as the extraordinary circumstances prevail.
15 The Commission and the Department of Transportation
16 shall conduct a study of the relation between train speeds
17 and railroad-highway grade crossing safety. The Commission
18 shall report the findings of the study to the General
19 Assembly no later than January 5, 1997.
20 (c) Special speed limit; pilot project. The Commission
21 and the Board of the Commuter Rail Division of the
22 Northern Illinois Transit Regional Transportation
23 Authority shall conduct a pilot project in the Village of
24 Fox River Grove, the site of the fatal school bus crash at
25 a railroad crossing on October 25, 1995, in order to
26 improve railroad crossing safety. For this project, the
SB2111 Enrolled - 875 - LRB104 09876 LNS 19944 b
1 Commission is directed to set the maximum train speed
2 limit for Northern Illinois Transit Regional
3 Transportation Authority trains at 50 miles per hour at
4 intersections on that portion of the intrastate rail line
5 located in the Village of Fox River Grove. If the Northern
6 Illinois Transit Regional Transportation Authority
7 deliberately fails to comply with this maximum speed
8 limit, then any entity, governmental or otherwise, that
9 provides capital or operational funds to the Northern
10 Illinois Transit Regional Transportation Authority shall
11 appropriately reduce or eliminate that funding. The
12 Commission shall report to the Governor and the General
13 Assembly on the results of this pilot project in January
14 1999, January 2000, and January 2001. The Commission shall
15 also submit a final report on the pilot project to the
16 Governor and the General Assembly in January 2001. The
17 provisions of this subsection (c), other than this
18 sentence, are inoperative after February 1, 2001.
19 (d) Freight train crew size. No rail carrier shall
20 operate or cause to operate a train or light engine used in
21 connection with the movement of freight unless it has an
22 operating crew consisting of at least 2 individuals. The
23 minimum freight train crew size indicated in this
24 subsection (d) shall remain in effect until a federal law
25 or rule encompassing the subject matter has been adopted.
26 The Commission, with respect to freight train crew member
SB2111 Enrolled - 876 - LRB104 09876 LNS 19944 b
1 size under this subsection (d), has the power to conduct
2 evidentiary hearings, make findings, and issue and enforce
3 orders, including sanctions under Section 18c-1704 of this
4 Chapter. As used in this subsection (d), "train or light
5 engine" does not include trains operated by a hostler
6 service or utility employees.
7 (3) Report and investigation of rail accidents.
8 (a) Reports. Every rail carrier shall report to the
9 Commission, by the speediest means possible, whether
10 telephone, telegraph, or otherwise, every accident
11 involving its equipment, track, or other property which
12 resulted in loss of life to any person. In addition, such
13 carriers shall file a written report with the Commission.
14 Reports submitted under this paragraph shall be strictly
15 confidential, shall be specifically prohibited from
16 disclosure, and shall not be admissible in any
17 administrative or judicial proceeding relating to the
18 accidents reported.
19 (b) Investigations. The Commission may investigate all
20 railroad accidents reported to it or of which it acquires
21 knowledge independent of reports made by rail carriers or
22 the Commuter Rail Division of the Northern Illinois
23 Transit Authority, and it shall have the power, consistent
24 with standards and procedures established under the
25 Federal Railroad Safety Act, as amended, to enter such
26 temporary orders as will minimize the risk of future
SB2111 Enrolled - 877 - LRB104 09876 LNS 19944 b
1 accidents pending notice, hearing, and final action by the
2 Commission.
3 (Source: P.A. 101-294, eff. 1-1-20; 102-982, eff. 7-1-23.)
4 Section 15-205. The Criminal Code of 2012 is amended by
5 changing Section 21-5 as follows:
6 (720 ILCS 5/21-5) (from Ch. 38, par. 21-5)
7 Sec. 21-5. Criminal trespass to State supported land.
8 (a) A person commits criminal trespass to State supported
9 land when he or she enters upon land supported in whole or in
10 part with State funds, or federal funds administered or
11 granted through State agencies or any building on the land,
12 after receiving, prior to the entry, notice from the State or
13 its representative that the entry is forbidden, or remains
14 upon the land or in the building after receiving notice from
15 the State or its representative to depart, and who thereby
16 interferes with another person's lawful use or enjoyment of
17 the building or land.
18 A person has received notice from the State within the
19 meaning of this subsection if he or she has been notified
20 personally, either orally or in writing, or if a printed or
21 written notice forbidding entry to him or her or a group of
22 which he or she is a part, has been conspicuously posted or
23 exhibited at the main entrance to the land or the forbidden
24 part thereof.
SB2111 Enrolled - 878 - LRB104 09876 LNS 19944 b
1 (a-5) A person commits criminal trespass to State
2 supported land when he or she enters upon a right-of-way right
3 of way, including facilities and improvements thereon, owned,
4 leased, or otherwise used by a public body or district
5 organized under the Metropolitan Transit Authority Act, the
6 Local Mass Transit District Act, or the Northern Illinois
7 Transit Regional Transportation Authority Act, after
8 receiving, prior to the entry, notice from the public body or
9 district, or its representative, that the entry is forbidden,
10 or the person remains upon the right-of-way right of way after
11 receiving notice from the public body or district, or its
12 representative, to depart, and in either of these instances
13 intends to compromise public safety by causing a delay in
14 transit service lasting more than 15 minutes or destroying
15 property.
16 A person has received notice from the public body or
17 district within the meaning of this subsection if he or she has
18 been notified personally, either orally or in writing, or if a
19 printed or written notice forbidding entry to him or her has
20 been conspicuously posted or exhibited at any point of
21 entrance to the right-of-way right of way or the forbidden
22 part of the right-of-way right of way.
23 As used in this subsection (a-5), "right-of-wayright of
24 way" has the meaning ascribed to it in Section 18c-7502 of the
25 Illinois Vehicle Code.
26 (b) A person commits criminal trespass to State supported
SB2111 Enrolled - 879 - LRB104 09876 LNS 19944 b
1 land when he or she enters upon land supported in whole or in
2 part with State funds, or federal funds administered or
3 granted through State agencies or any building on the land by
4 presenting false documents or falsely representing his or her
5 identity orally to the State or its representative in order to
6 obtain permission from the State or its representative to
7 enter the building or land; or remains upon the land or in the
8 building by presenting false documents or falsely representing
9 his or her identity orally to the State or its representative
10 in order to remain upon the land or in the building, and who
11 thereby interferes with another person's lawful use or
12 enjoyment of the building or land.
13 This subsection does not apply to a peace officer or other
14 official of a unit of government who enters upon land
15 supported in whole or in part with State funds, or federal
16 funds administered or granted through State agencies or any
17 building on the land in the performance of his or her official
18 duties.
19 (c) Sentence. Criminal trespass to State supported land is
20 a Class A misdemeanor, except a violation of subsection (a-5)
21 of this Section is a Class A misdemeanor for a first violation
22 and a Class 4 felony for a second or subsequent violation.
23 (Source: P.A. 97-1108, eff. 1-1-13; 98-748, eff. 1-1-15.)
24 Section 15-210. The Eminent Domain Act is amended by
25 changing Section 15-5-15 as follows:
SB2111 Enrolled - 880 - LRB104 09876 LNS 19944 b
1 (735 ILCS 30/15-5-15)
2 Sec. 15-5-15. Eminent domain powers in ILCS Chapters 70
3 through 75. The following provisions of law may include
4 express grants of the power to acquire property by
5 condemnation or eminent domain:
6 (70 ILCS 5/8.02 and 5/9); Airport Authorities Act; airport
7 authorities; for public airport facilities.
8 (70 ILCS 5/8.05 and 5/9); Airport Authorities Act; airport
9 authorities; for removal of airport hazards.
10 (70 ILCS 5/8.06 and 5/9); Airport Authorities Act; airport
11 authorities; for reduction of the height of objects or
12 structures.
13 (70 ILCS 10/4); Interstate Airport Authorities Act; interstate
14 airport authorities; for general purposes.
15 (70 ILCS 15/3); Kankakee River Valley Area Airport Authority
16 Act; Kankakee River Valley Area Airport Authority; for
17 acquisition of land for airports.
18 (70 ILCS 200/2-20); Civic Center Code; civic center
19 authorities; for grounds, centers, buildings, and parking.
20 (70 ILCS 200/5-35); Civic Center Code; Aledo Civic Center
21 Authority; for grounds, centers, buildings, and parking.
22 (70 ILCS 200/10-15); Civic Center Code; Aurora Metropolitan
23 Exposition, Auditorium and Office Building Authority; for
24 grounds, centers, buildings, and parking.
SB2111 Enrolled - 881 - LRB104 09876 LNS 19944 b
1 (70 ILCS 200/15-40); Civic Center Code; Benton Civic Center
2 Authority; for grounds, centers, buildings, and parking.
3 (70 ILCS 200/20-15); Civic Center Code; Bloomington Civic
4 Center Authority; for grounds, centers, buildings, and
5 parking.
6 (70 ILCS 200/35-35); Civic Center Code; Brownstown Park
7 District Civic Center Authority; for grounds, centers,
8 buildings, and parking.
9 (70 ILCS 200/40-35); Civic Center Code; Carbondale Civic
10 Center Authority; for grounds, centers, buildings, and
11 parking.
12 (70 ILCS 200/55-60); Civic Center Code; Chicago South Civic
13 Center Authority; for grounds, centers, buildings, and
14 parking.
15 (70 ILCS 200/60-30); Civic Center Code; Collinsville
16 Metropolitan Exposition, Auditorium and Office Building
17 Authority; for grounds, centers, buildings, and parking.
18 (70 ILCS 200/70-35); Civic Center Code; Crystal Lake Civic
19 Center Authority; for grounds, centers, buildings, and
20 parking.
21 (70 ILCS 200/75-20); Civic Center Code; Decatur Metropolitan
22 Exposition, Auditorium and Office Building Authority; for
23 grounds, centers, buildings, and parking.
24 (70 ILCS 200/80-15); Civic Center Code; DuPage County
25 Metropolitan Exposition, Auditorium and Office Building
26 Authority; for grounds, centers, buildings, and parking.
SB2111 Enrolled - 882 - LRB104 09876 LNS 19944 b
1 (70 ILCS 200/85-35); Civic Center Code; Elgin Metropolitan
2 Exposition, Auditorium and Office Building Authority; for
3 grounds, centers, buildings, and parking.
4 (70 ILCS 200/95-25); Civic Center Code; Herrin Metropolitan
5 Exposition, Auditorium and Office Building Authority; for
6 grounds, centers, buildings, and parking.
7 (70 ILCS 200/110-35); Civic Center Code; Illinois Valley Civic
8 Center Authority; for grounds, centers, buildings, and
9 parking.
10 (70 ILCS 200/115-35); Civic Center Code; Jasper County Civic
11 Center Authority; for grounds, centers, buildings, and
12 parking.
13 (70 ILCS 200/120-25); Civic Center Code; Jefferson County
14 Metropolitan Exposition, Auditorium and Office Building
15 Authority; for grounds, centers, buildings, and parking.
16 (70 ILCS 200/125-15); Civic Center Code; Jo Daviess County
17 Civic Center Authority; for grounds, centers, buildings,
18 and parking.
19 (70 ILCS 200/130-30); Civic Center Code; Katherine Dunham
20 Metropolitan Exposition, Auditorium and Office Building
21 Authority; for grounds, centers, buildings, and parking.
22 (70 ILCS 200/145-35); Civic Center Code; Marengo Civic Center
23 Authority; for grounds, centers, buildings, and parking.
24 (70 ILCS 200/150-35); Civic Center Code; Mason County Civic
25 Center Authority; for grounds, centers, buildings, and
26 parking.
SB2111 Enrolled - 883 - LRB104 09876 LNS 19944 b
1 (70 ILCS 200/155-15); Civic Center Code; Matteson Metropolitan
2 Civic Center Authority; for grounds, centers, buildings,
3 and parking.
4 (70 ILCS 200/160-35); Civic Center Code; Maywood Civic Center
5 Authority; for grounds, centers, buildings, and parking.
6 (70 ILCS 200/165-35); Civic Center Code; Melrose Park
7 Metropolitan Exposition Auditorium and Office Building
8 Authority; for grounds, centers, buildings, and parking.
9 (70 ILCS 200/170-20); Civic Center Code; certain Metropolitan
10 Exposition, Auditorium and Office Building Authorities;
11 for general purposes.
12 (70 ILCS 200/180-35); Civic Center Code; Normal Civic Center
13 Authority; for grounds, centers, buildings, and parking.
14 (70 ILCS 200/185-15); Civic Center Code; Oak Park Civic Center
15 Authority; for grounds, centers, buildings, and parking.
16 (70 ILCS 200/195-35); Civic Center Code; Ottawa Civic Center
17 Authority; for grounds, centers, buildings, and parking.
18 (70 ILCS 200/200-15); Civic Center Code; Pekin Civic Center
19 Authority; for grounds, centers, buildings, and parking.
20 (70 ILCS 200/205-15); Civic Center Code; Peoria Civic Center
21 Authority; for grounds, centers, buildings, and parking.
22 (70 ILCS 200/210-35); Civic Center Code; Pontiac Civic Center
23 Authority; for grounds, centers, buildings, and parking.
24 (70 ILCS 200/215-15); Civic Center Code; Illinois Quad City
25 Civic Center Authority; for grounds, centers, buildings,
26 and parking.
SB2111 Enrolled - 884 - LRB104 09876 LNS 19944 b
1 (70 ILCS 200/220-30); Civic Center Code; Quincy Metropolitan
2 Exposition, Auditorium and Office Building Authority; for
3 grounds, centers, buildings, and parking.
4 (70 ILCS 200/225-35); Civic Center Code; Randolph County Civic
5 Center Authority; for grounds, centers, buildings, and
6 parking.
7 (70 ILCS 200/230-35); Civic Center Code; River Forest
8 Metropolitan Exposition, Auditorium and Office Building
9 Authority; for grounds, centers, buildings, and parking.
10 (70 ILCS 200/235-40); Civic Center Code; Riverside Civic
11 Center Authority; for grounds, centers, buildings, and
12 parking.
13 (70 ILCS 200/245-35); Civic Center Code; Salem Civic Center
14 Authority; for grounds, centers, buildings, and parking.
15 (70 ILCS 200/255-20); Civic Center Code; Springfield
16 Metropolitan Exposition and Auditorium Authority; for
17 grounds, centers, and parking.
18 (70 ILCS 200/260-35); Civic Center Code; Sterling Metropolitan
19 Exposition, Auditorium and Office Building Authority; for
20 grounds, centers, buildings, and parking.
21 (70 ILCS 200/265-20); Civic Center Code; Vermilion County
22 Metropolitan Exposition, Auditorium and Office Building
23 Authority; for grounds, centers, buildings, and parking.
24 (70 ILCS 200/270-35); Civic Center Code; Waukegan Civic Center
25 Authority; for grounds, centers, buildings, and parking.
26 (70 ILCS 200/275-35); Civic Center Code; West Frankfort Civic
SB2111 Enrolled - 885 - LRB104 09876 LNS 19944 b
1 Center Authority; for grounds, centers, buildings, and
2 parking.
3 (70 ILCS 200/280-20); Civic Center Code; Will County
4 Metropolitan Exposition and Auditorium Authority; for
5 grounds, centers, and parking.
6 (70 ILCS 210/5); Metropolitan Pier and Exposition Authority
7 Act; Metropolitan Pier and Exposition Authority; for
8 general purposes, including quick-take power.
9 (70 ILCS 405/22.04); Soil and Water Conservation Districts
10 Act; soil and water conservation districts; for general
11 purposes.
12 (70 ILCS 410/10 and 410/12); Conservation District Act;
13 conservation districts; for open space, wildland, scenic
14 roadway, pathway, outdoor recreation, or other
15 conservation benefits.
16 (70 ILCS 503/25); Chanute-Rantoul National Aviation Center
17 Redevelopment Commission Act; Chanute-Rantoul National
18 Aviation Center Redevelopment Commission; for general
19 purposes.
20 (70 ILCS 507/15); Fort Sheridan Redevelopment Commission Act;
21 Fort Sheridan Redevelopment Commission; for general
22 purposes or to carry out comprehensive or redevelopment
23 plans.
24 (70 ILCS 520/8); Southwestern Illinois Development Authority
25 Act; Southwestern Illinois Development Authority; for
26 general purposes, including quick-take power.
SB2111 Enrolled - 886 - LRB104 09876 LNS 19944 b
1 (70 ILCS 605/4-17 and 605/5-7); Illinois Drainage Code;
2 drainage districts; for general purposes.
3 (70 ILCS 615/5 and 615/6); Chicago Drainage District Act;
4 corporate authorities; for construction and maintenance of
5 works.
6 (70 ILCS 705/10); Fire Protection District Act; fire
7 protection districts; for general purposes.
8 (70 ILCS 750/20); Flood Prevention District Act; flood
9 prevention districts; for general purposes.
10 (70 ILCS 805/6); Downstate Forest Preserve District Act;
11 certain forest preserve districts; for general purposes.
12 (70 ILCS 805/18.8); Downstate Forest Preserve District Act;
13 certain forest preserve districts; for recreational and
14 cultural facilities.
15 (70 ILCS 810/8); Cook County Forest Preserve District Act;
16 Forest Preserve District of Cook County; for general
17 purposes.
18 (70 ILCS 810/38); Cook County Forest Preserve District Act;
19 Forest Preserve District of Cook County; for recreational
20 facilities.
21 (70 ILCS 910/15 and 910/16); Hospital District Law; hospital
22 districts; for hospitals or hospital facilities.
23 (70 ILCS 915/3); Illinois Medical District Act; Illinois
24 Medical District Commission; for general purposes.
25 (70 ILCS 915/4.5); Illinois Medical District Act; Illinois
26 Medical District Commission; quick-take power for the
SB2111 Enrolled - 887 - LRB104 09876 LNS 19944 b
1 Illinois State Police Forensic Science Laboratory
2 (obsolete).
3 (70 ILCS 920/5); Tuberculosis Sanitarium District Act;
4 tuberculosis sanitarium districts; for tuberculosis
5 sanitariums.
6 (70 ILCS 925/20); Mid-Illinois Medical District Act;
7 Mid-Illinois Medical District; for general purposes.
8 (70 ILCS 930/20); Mid-America Medical District Act;
9 Mid-America Medical District Commission; for general
10 purposes.
11 (70 ILCS 935/20); Roseland Community Medical District Act;
12 medical district; for general purposes.
13 (70 ILCS 1005/7); Mosquito Abatement District Act; mosquito
14 abatement districts; for general purposes.
15 (70 ILCS 1105/8); Museum District Act; museum districts; for
16 general purposes.
17 (70 ILCS 1205/7-1); Park District Code; park districts; for
18 streets and other purposes.
19 (70 ILCS 1205/8-1); Park District Code; park districts; for
20 parks.
21 (70 ILCS 1205/9-2 and 1205/9-4); Park District Code; park
22 districts; for airports and landing fields.
23 (70 ILCS 1205/11-2 and 1205/11-3); Park District Code; park
24 districts; for State land abutting public water and
25 certain access rights.
26 (70 ILCS 1205/11.1-3); Park District Code; park districts; for
SB2111 Enrolled - 888 - LRB104 09876 LNS 19944 b
1 harbors.
2 (70 ILCS 1225/2); Park Commissioners Land Condemnation Act;
3 park districts; for street widening.
4 (70 ILCS 1230/1 and 1230/1-a); Park Commissioners Water
5 Control Act; park districts; for parks, boulevards,
6 driveways, parkways, viaducts, bridges, or tunnels.
7 (70 ILCS 1250/2); Park Commissioners Street Control (1889)
8 Act; park districts; for boulevards or driveways.
9 (70 ILCS 1290/1); Park District Aquarium and Museum Act;
10 municipalities or park districts; for aquariums or
11 museums.
12 (70 ILCS 1305/2); Park District Airport Zoning Act; park
13 districts; for restriction of the height of structures.
14 (70 ILCS 1310/5); Park District Elevated Highway Act; park
15 districts; for elevated highways.
16 (70 ILCS 1505/15); Chicago Park District Act; Chicago Park
17 District; for parks and other purposes.
18 (70 ILCS 1505/25.1); Chicago Park District Act; Chicago Park
19 District; for parking lots or garages.
20 (70 ILCS 1505/26.3); Chicago Park District Act; Chicago Park
21 District; for harbors.
22 (70 ILCS 1570/5); Lincoln Park Commissioners Land Condemnation
23 Act; Lincoln Park Commissioners; for land and interests in
24 land, including riparian rights.
25 (70 ILCS 1801/30); Alexander-Cairo Port District Act;
26 Alexander-Cairo Port District; for general purposes.
SB2111 Enrolled - 889 - LRB104 09876 LNS 19944 b
1 (70 ILCS 1805/8); Havana Regional Port District Act; Havana
2 Regional Port District; for general purposes.
3 (70 ILCS 1810/7); Illinois International Port District Act;
4 Illinois International Port District; for general
5 purposes.
6 (70 ILCS 1815/13); Illinois Valley Regional Port District Act;
7 Illinois Valley Regional Port District; for general
8 purposes.
9 (70 ILCS 1820/4); Jackson-Union Counties Regional Port
10 District Act; Jackson-Union Counties Regional Port
11 District; for removal of airport hazards or reduction of
12 the height of objects or structures.
13 (70 ILCS 1820/5); Jackson-Union Counties Regional Port
14 District Act; Jackson-Union Counties Regional Port
15 District; for general purposes.
16 (70 ILCS 1825/4.9); Joliet Regional Port District Act; Joliet
17 Regional Port District; for removal of airport hazards.
18 (70 ILCS 1825/4.10); Joliet Regional Port District Act; Joliet
19 Regional Port District; for reduction of the height of
20 objects or structures.
21 (70 ILCS 1825/4.18); Joliet Regional Port District Act; Joliet
22 Regional Port District; for removal of hazards from ports
23 and terminals.
24 (70 ILCS 1825/5); Joliet Regional Port District Act; Joliet
25 Regional Port District; for general purposes.
26 (70 ILCS 1830/7.1); Kaskaskia Regional Port District Act;
SB2111 Enrolled - 890 - LRB104 09876 LNS 19944 b
1 Kaskaskia Regional Port District; for removal of hazards
2 from ports and terminals.
3 (70 ILCS 1830/14); Kaskaskia Regional Port District Act;
4 Kaskaskia Regional Port District; for general purposes.
5 (70 ILCS 1831/30); Massac-Metropolis Port District Act;
6 Massac-Metropolis Port District; for general purposes.
7 (70 ILCS 1835/5.10); Mt. Carmel Regional Port District Act;
8 Mt. Carmel Regional Port District; for removal of airport
9 hazards.
10 (70 ILCS 1835/5.11); Mt. Carmel Regional Port District Act;
11 Mt. Carmel Regional Port District; for reduction of the
12 height of objects or structures.
13 (70 ILCS 1835/6); Mt. Carmel Regional Port District Act; Mt.
14 Carmel Regional Port District; for general purposes.
15 (70 ILCS 1837/30); Ottawa Port District Act; Ottawa Port
16 District; for general purposes.
17 (70 ILCS 1842/30 and 1842/35); Rock Island Regional Port
18 District Act; Rock Island Regional Port District and
19 participating municipalities; for general Port District
20 purposes.
21 (70 ILCS 1845/4.9); Seneca Regional Port District Act; Seneca
22 Regional Port District; for removal of airport hazards.
23 (70 ILCS 1845/4.10); Seneca Regional Port District Act; Seneca
24 Regional Port District; for reduction of the height of
25 objects or structures.
26 (70 ILCS 1845/5); Seneca Regional Port District Act; Seneca
SB2111 Enrolled - 891 - LRB104 09876 LNS 19944 b
1 Regional Port District; for general purposes.
2 (70 ILCS 1850/4); Shawneetown Regional Port District Act;
3 Shawneetown Regional Port District; for removal of airport
4 hazards or reduction of the height of objects or
5 structures.
6 (70 ILCS 1850/5); Shawneetown Regional Port District Act;
7 Shawneetown Regional Port District; for general purposes.
8 (70 ILCS 1855/4); Southwest Regional Port District Act;
9 Southwest Regional Port District; for removal of airport
10 hazards or reduction of the height of objects or
11 structures.
12 (70 ILCS 1855/5); Southwest Regional Port District Act;
13 Southwest Regional Port District; for general purposes.
14 (70 ILCS 1860/4); Tri-City Regional Port District Act;
15 Tri-City Regional Port District; for removal of airport
16 hazards.
17 (70 ILCS 1860/5); Tri-City Regional Port District Act;
18 Tri-City Regional Port District; for the development of
19 facilities.
20 (70 ILCS 1863/11); Upper Mississippi River International Port
21 District Act; Upper Mississippi River International Port
22 District; for general purposes.
23 (70 ILCS 1865/4.9); Waukegan Port District Act; Waukegan Port
24 District; for removal of airport hazards.
25 (70 ILCS 1865/4.10); Waukegan Port District Act; Waukegan Port
26 District; for restricting the height of objects or
SB2111 Enrolled - 892 - LRB104 09876 LNS 19944 b
1 structures.
2 (70 ILCS 1865/5); Waukegan Port District Act; Waukegan Port
3 District; for the development of facilities.
4 (70 ILCS 1870/8); White County Port District Act; White County
5 Port District; for the development of facilities.
6 (70 ILCS 1905/16); Railroad Terminal Authority Act; Railroad
7 Terminal Authority (Chicago); for general purposes.
8 (70 ILCS 1915/25); Grand Avenue Railroad Relocation Authority
9 Act; Grand Avenue Railroad Relocation Authority; for
10 general purposes, including quick-take power (now
11 obsolete).
12 (70 ILCS 1935/25); Elmwood Park Grade Separation Authority
13 Act; Elmwood Park Grade Separation Authority; for general
14 purposes.
15 (70 ILCS 2105/9b); River Conservancy Districts Act; river
16 conservancy districts; for general purposes.
17 (70 ILCS 2105/10a); River Conservancy Districts Act; river
18 conservancy districts; for corporate purposes.
19 (70 ILCS 2205/15); Sanitary District Act of 1907; sanitary
20 districts; for corporate purposes.
21 (70 ILCS 2205/18); Sanitary District Act of 1907; sanitary
22 districts; for improvements and works.
23 (70 ILCS 2205/19); Sanitary District Act of 1907; sanitary
24 districts; for access to property.
25 (70 ILCS 2305/8); North Shore Water Reclamation District Act;
26 North Shore Water Reclamation District; for corporate
SB2111 Enrolled - 893 - LRB104 09876 LNS 19944 b
1 purposes.
2 (70 ILCS 2305/15); North Shore Water Reclamation District Act;
3 North Shore Water Reclamation District; for improvements.
4 (70 ILCS 2405/7.9); Sanitary District Act of 1917; Sanitary
5 District of Decatur; for carrying out agreements to sell,
6 convey, or disburse treated wastewater to a private
7 entity.
8 (70 ILCS 2405/8); Sanitary District Act of 1917; sanitary
9 districts; for corporate purposes.
10 (70 ILCS 2405/15); Sanitary District Act of 1917; sanitary
11 districts; for improvements.
12 (70 ILCS 2405/16.9 and 2405/16.10); Sanitary District Act of
13 1917; sanitary districts; for waterworks.
14 (70 ILCS 2405/17.2); Sanitary District Act of 1917; sanitary
15 districts; for public sewer and water utility treatment
16 works.
17 (70 ILCS 2405/18); Sanitary District Act of 1917; sanitary
18 districts; for dams or other structures to regulate water
19 flow.
20 (70 ILCS 2605/8); Metropolitan Water Reclamation District Act;
21 Metropolitan Water Reclamation District; for corporate
22 purposes.
23 (70 ILCS 2605/16); Metropolitan Water Reclamation District
24 Act; Metropolitan Water Reclamation District; quick-take
25 power for improvements.
26 (70 ILCS 2605/17); Metropolitan Water Reclamation District
SB2111 Enrolled - 894 - LRB104 09876 LNS 19944 b
1 Act; Metropolitan Water Reclamation District; for bridges.
2 (70 ILCS 2605/35); Metropolitan Water Reclamation District
3 Act; Metropolitan Water Reclamation District; for widening
4 and deepening a navigable stream.
5 (70 ILCS 2805/10); Sanitary District Act of 1936; sanitary
6 districts; for corporate purposes.
7 (70 ILCS 2805/24); Sanitary District Act of 1936; sanitary
8 districts; for improvements.
9 (70 ILCS 2805/26i and 2805/26j); Sanitary District Act of
10 1936; sanitary districts; for drainage systems.
11 (70 ILCS 2805/27); Sanitary District Act of 1936; sanitary
12 districts; for dams or other structures to regulate water
13 flow.
14 (70 ILCS 2805/32k); Sanitary District Act of 1936; sanitary
15 districts; for water supply.
16 (70 ILCS 2805/32l); Sanitary District Act of 1936; sanitary
17 districts; for waterworks.
18 (70 ILCS 2905/2-7); Metro-East Sanitary District Act of 1974;
19 Metro-East Sanitary District; for corporate purposes.
20 (70 ILCS 2905/2-8); Metro-East Sanitary District Act of 1974;
21 Metro-East Sanitary District; for access to property.
22 (70 ILCS 3010/10); Sanitary District Revenue Bond Act;
23 sanitary districts; for sewerage systems.
24 (70 ILCS 3205/12); Illinois Sports Facilities Authority Act;
25 Illinois Sports Facilities Authority; quick-take power for
26 its corporate purposes (obsolete).
SB2111 Enrolled - 895 - LRB104 09876 LNS 19944 b
1 (70 ILCS 3405/16); Surface Water Protection District Act;
2 surface water protection districts; for corporate
3 purposes.
4 (70 ILCS 3605/7); Metropolitan Transit Authority Act; Chicago
5 Transit Authority; for transportation systems.
6 (70 ILCS 3605/8); Metropolitan Transit Authority Act; Chicago
7 Transit Authority; for general purposes.
8 (70 ILCS 3605/10); Metropolitan Transit Authority Act; Chicago
9 Transit Authority; for general purposes, including
10 railroad property.
11 (70 ILCS 3610/3 and 3610/5); Local Mass Transit District Act;
12 local mass transit districts; for general purposes.
13 (70 ILCS 3615/2.13); Northern Illinois Transit Regional
14 Transportation Authority Act; Northern Illinois Transit
15 Regional Transportation Authority; for general purposes.
16 (70 ILCS 3705/8 and 3705/12); Public Water District Act;
17 public water districts; for waterworks.
18 (70 ILCS 3705/23a); Public Water District Act; public water
19 districts; for sewerage properties.
20 (70 ILCS 3705/23e); Public Water District Act; public water
21 districts; for combined waterworks and sewerage systems.
22 (70 ILCS 3715/6); Water Authorities Act; water authorities;
23 for facilities to ensure adequate water supply.
24 (70 ILCS 3715/27); Water Authorities Act; water authorities;
25 for access to property.
26 (75 ILCS 5/4-7); Illinois Local Library Act; boards of library
SB2111 Enrolled - 896 - LRB104 09876 LNS 19944 b
1 trustees; for library buildings.
2 (75 ILCS 16/30-55.80); Public Library District Act of 1991;
3 public library districts; for general purposes.
4 (75 ILCS 65/1 and 65/3); Libraries in Parks Act; corporate
5 authorities of city or park district, or board of park
6 commissioners; for free public library buildings.
7 (Source: Incorporates 98-564, eff. 8-27-13; P.A. 98-756, eff.
8 7-16-14; 99-669, eff. 7-29-16; revised 6-23-25.)
9 Section 15-215. The Transportation Benefits Program Act is
10 amended by changing Sections 5, 10, and 15 as follows:
11 (820 ILCS 63/5)
12 (Text of Section before amendment by P.A. 104-272)
13 Sec. 5. Definitions. As used in this Act:
14 "Covered employee" means any person who performs an
15 average of at least 35 hours of work per week for compensation
16 on a full-time basis.
17 "Covered employer" means any individual, partnership,
18 association, corporation, limited liability company,
19 government, non-profit organization, or business trust that
20 directly or indirectly, or through an agent or any other
21 person, employs or exercises control over wages, hours, or
22 working conditions of an employee, and that:
23 (1) is located in: Cook County; Warren Township in
24 Lake County; Grant Township in Lake County; Frankfort
SB2111 Enrolled - 897 - LRB104 09876 LNS 19944 b
1 Township in Will County; Wheatland Township in Will
2 County; Addison Township; Bloomingdale Township; York
3 Township; Milton Township; Winfield Township; Downers
4 Grove Township; Lisle Township; Naperville Township;
5 Dundee Township; Elgin Township; St. Charles Township;
6 Geneva Township; Batavia Township; Aurora Township; Zion
7 Township; Benton Township; Waukegan Township; Avon
8 Township; Libertyville Township; Shields Township; Vernon
9 Township; West Deerfield Township; Deerfield Township;
10 McHenry Township; Nunda Township; Algonquin Township;
11 DuPage Township; Homer Township; Lockport Township;
12 Plainfield Township; New Lenox Township; Joliet Township;
13 or Troy Township; and
14 (2) employs 50 or more covered employees in a
15 geographic area specified in paragraph (1) at an address
16 that is located within one mile of fixed-route transit
17 service.
18 "Public transit" means any transportation system within
19 the authority and jurisdiction of the Northern Illinois
20 Transit Regional Transportation Authority.
21 "Transit pass" means any pass, token, fare card, voucher,
22 or similar item entitling a person to transportation on public
23 transit.
24 (Source: P.A. 103-291, eff. 1-1-24.)
25 (Text of Section after amendment by P.A. 104-272)
SB2111 Enrolled - 898 - LRB104 09876 LNS 19944 b
1 Sec. 5. Definitions. As used in this Act:
2 "Construction industry" means any constructing, altering,
3 reconstructing, repairing, rehabilitating, refinishing,
4 refurbishing, remodeling, remediating, renovating, custom
5 fabricating, maintenance, landscaping, improving, wrecking,
6 painting, decorating, demolishing, and adding to or
7 subtracting from any building, structure, highway, roadway,
8 street, bridge, alley, sewer, ditch, sewage disposal plant,
9 water works, parking facility, railroad, excavation or other
10 structure, project, development, or real property or
11 improvement, or any part thereof, whether or not the
12 performance of the work involves the addition to, or
13 fabrication into, any structure, project, development, or real
14 property or improvement of any material or article of
15 merchandise. "Construction industry" also includes moving
16 construction-related materials on the job site to or from the
17 job site, snow plowing, snow removal, and refuse collection.
18 "Covered employee" means any person who is employed by a
19 covered employer.
20 "Covered employer" means any individual, partnership,
21 association, corporation, limited liability company,
22 government, non-profit organization, or business trust that
23 directly or indirectly, or through an agent or any other
24 person, employs or exercises control over wages, hours, or
25 working conditions of an employee, and that:
26 (1) is located in: Cook County; Warren Township in
SB2111 Enrolled - 899 - LRB104 09876 LNS 19944 b
1 Lake County; Grant Township in Lake County; Frankfort
2 Township in Will County; Wheatland Township in Will
3 County; Addison Township; Bloomingdale Township; York
4 Township; Milton Township; Winfield Township; Downers
5 Grove Township; Lisle Township; Naperville Township;
6 Dundee Township; Elgin Township; St. Charles Township;
7 Geneva Township; Batavia Township; Aurora Township; Zion
8 Township; Benton Township; Waukegan Township; Avon
9 Township; Libertyville Township; Shields Township; Vernon
10 Township; West Deerfield Township; Deerfield Township;
11 McHenry Township; Nunda Township; Algonquin Township;
12 DuPage Township; Homer Township; Lockport Township;
13 Plainfield Township; New Lenox Township; Joliet Township;
14 or Troy Township; and
15 (2) employs 50 or more covered employees in a
16 geographic area specified in paragraph (1) at an address
17 that is located within one mile of fixed-route transit
18 service.
19 "Public transit" means any transportation system within
20 the authority and jurisdiction of the Northern Illinois
21 Transit Regional Transportation Authority.
22 "Transit pass" means any pass, token, fare card, voucher,
23 or similar item entitling a person to transportation on public
24 transit.
25 (Source: P.A. 103-291, eff. 1-1-24; 104-272, eff. 1-1-26.)
SB2111 Enrolled - 900 - LRB104 09876 LNS 19944 b
1 (820 ILCS 63/10)
2 Sec. 10. Transportation benefits program. All covered
3 employers shall provide a pre-tax commuter benefit to covered
4 employees. The pre-tax commuter benefit shall allow employees
5 to use pre-tax dollars for the purchase of a transit pass, via
6 payroll deduction, such that the costs for such purchases may
7 be excluded from the employee's taxable wages and compensation
8 up to the maximum amount permitted by federal tax law,
9 consistent with 26 U.S.C. 132(f) and the rules and regulations
10 promulgated thereunder. A covered employer may comply with
11 this Section by participating in a program offered by the
12 Chicago Transit Authority or the Northern Illinois Transit
13 Regional Transportation Authority.
14 This benefit must be offered to all employees starting on
15 the employees' first full pay period after 120 days of
16 employment. All transit agencies shall market the existence of
17 this program and this Act to their riders in order to inform
18 affected employees and their employers.
19 (Source: P.A. 103-291, eff. 1-1-24.)
20 (820 ILCS 63/15)
21 Sec. 15. Regional Transit Authority map. The Northern
22 Illinois Transit Regional Transportation Authority shall make
23 publicly available a searchable map of addresses that are
24 located within one mile of fixed-route transit service.
25 (Source: P.A. 103-291, eff. 1-1-24.)
SB2111 Enrolled - 901 - LRB104 09876 LNS 19944 b
1 Article 20.
2 Section 20-5. The State Finance Act is amended by changing
3 Sections 5d, 6z-109, and 6z-110 as follows:
4 (30 ILCS 105/5d) (from Ch. 127, par. 141d)
5 Sec. 5d. Except as provided by Section 5e of this Act, the
6 State Construction Account Fund shall be used exclusively for
7 the construction, reconstruction and maintenance of the State
8 maintained highway system. Except as provided by Section 5e of
9 this Act, none of the money deposited in the State
10 Construction Account Fund shall be used to pay the cost of
11 administering the Motor Fuel Tax Law as now or hereafter
12 amended, nor be appropriated for use by the Department of
13 Transportation to pay the cost of its operations or
14 administration, nor be used in any manner for the payment of
15 regular or contractual employees of the State, nor be
16 transferred or allocated by the Comptroller and Treasurer or
17 be otherwise used, except for the sole purpose of
18 construction, reconstruction and maintenance of the State
19 maintained highway system as the Illinois General Assembly
20 shall provide by appropriation from this fund. Beginning with
21 the month immediately following the effective date of this
22 amendatory Act of 1985, investment income which is
23 attributable to the investment of moneys of the State
SB2111 Enrolled - 902 - LRB104 09876 LNS 19944 b
1 Construction Account Fund shall be retained in that fund for
2 the uses specified in this Section. Beginning July 1, 2026, of
3 the investment income which is attributable to the investment
4 of moneys of the State Construction Account Fund, 85% shall be
5 deposited into the Northern Illinois Transit Authority Capital
6 Improvement Fund and 15% shall be deposited into the Downstate
7 Mass Transportation Capital Improvement Fund.
8 (Source: P.A. 84-431.)
9 (30 ILCS 105/6z-109)
10 Sec. 6z-109. Northern Illinois Transit Regional
11 Transportation Authority Capital Improvement Fund.
12 (a) The Northern Illinois Transit Regional Transportation
13 Authority Capital Improvement Fund is created as a special
14 fund in the State treasury and shall receive a portion of the
15 moneys deposited into the Transportation Renewal Fund from
16 Motor Fuel Tax revenues pursuant to Section 8b of the Motor
17 Fuel Tax Law, a portion of the revenues under Section 5d and
18 Section 6c of the State Finance Act, and other revenues as may
19 be directed by the General Assembly from time to time.
20 (b) Money in the Northern Illinois Transit Regional
21 Transportation Authority Capital Improvement Fund shall be
22 used exclusively for transportation-related purposes as
23 described in Section 11 of Article IX of the Illinois
24 Constitution of 1970.
25 (Source: P.A. 101-30, eff. 6-28-19.)
SB2111 Enrolled - 903 - LRB104 09876 LNS 19944 b
1 (30 ILCS 105/6z-110)
2 Sec. 6z-110. Downstate Mass Transportation Capital
3 Improvement Fund.
4 (a) The Downstate Mass Transportation Capital Improvement
5 Fund is created as a special fund in the State treasury and
6 shall receive a portion of the moneys deposited into the
7 Transportation Renewal Fund from Motor Fuel Tax revenues
8 pursuant to Section 8b the Motor Fuel Tax Law, a portion of the
9 revenues under Section 5d and Section 6c of the State Finance
10 Act, and other revenues as may be directed by the General
11 Assembly from time to time.
12 (b) Money in the Downstate Mass Transportation Capital
13 Improvement Fund shall be used exclusively for
14 transportation-related purposes as described in Section 11 of
15 Article IX of the Illinois Constitution of 1970.
16 (Source: P.A. 101-30, eff. 6-28-19.)
17 Article 25.
18 Section 25-5. The Downstate Public Transportation Act is
19 amended by changing Section 2-3 as follows:
20 (30 ILCS 740/2-3) (from Ch. 111 2/3, par. 663)
21 Sec. 2-3. (a) As soon as possible after the first day of
22 each month, beginning July 1, 1984, upon certification of the
SB2111 Enrolled - 904 - LRB104 09876 LNS 19944 b
1 Department of Revenue, the Comptroller shall order
2 transferred, and the Treasurer shall transfer, from the
3 General Revenue Fund to a special fund in the State Treasury
4 which is hereby created, to be known as the Downstate Public
5 Transportation Fund, an amount equal to 2/32 (beginning July
6 1, 2005, 3/32) of the net revenue realized from the Retailers'
7 Occupation Tax Act, the Service Occupation Tax Act, the Use
8 Tax Act, and the Service Use Tax Act from persons incurring
9 municipal or county retailers' or service occupation tax
10 liability for the benefit of any municipality or county
11 located wholly within the boundaries of each participant,
12 other than any Metro-East Transit District participant
13 certified pursuant to subsection (c) of this Section during
14 the preceding month, except that the Department shall pay into
15 the Downstate Public Transportation Fund 2/32 (beginning July
16 1, 2005, 3/32) of 80% of the net revenue realized under the
17 State tax Acts named above within any municipality or county
18 located wholly within the boundaries of each participant,
19 other than any Metro-East participant, for tax periods
20 beginning on or after January 1, 1990. Net revenue realized
21 for a month shall be the revenue collected by the State
22 pursuant to such Acts during the previous month from persons
23 incurring municipal or county retailers' or service occupation
24 tax liability for the benefit of any municipality or county
25 located wholly within the boundaries of a participant, less
26 the amount paid out during that same month as refunds or credit
SB2111 Enrolled - 905 - LRB104 09876 LNS 19944 b
1 memoranda to taxpayers for overpayment of liability under such
2 Acts for the benefit of any municipality or county located
3 wholly within the boundaries of a participant.
4 Notwithstanding any provision of law to the contrary,
5 beginning on July 6, 2017 (the effective date of Public Act
6 100-23), those amounts required under this subsection (a) to
7 be transferred by the Treasurer into the Downstate Public
8 Transportation Fund from the General Revenue Fund shall be
9 directly deposited into the Downstate Public Transportation
10 Fund as the revenues are realized from the taxes indicated.
11 (b) As soon as possible after the first day of each month,
12 beginning July 1, 1989, upon certification of the Department
13 of Revenue, the Comptroller shall order transferred, and the
14 Treasurer shall transfer, from the General Revenue Fund to a
15 special fund in the State Treasury which is hereby created, to
16 be known as the Metro-East Public Transportation Fund, an
17 amount equal to 2/32 of the net revenue realized, as above,
18 from within the boundaries of Madison, Monroe, and St. Clair
19 Counties, except that the Department shall pay into the
20 Metro-East Public Transportation Fund 2/32 of 80% of the net
21 revenue realized under the State tax Acts specified in
22 subsection (a) of this Section within the boundaries of
23 Madison, Monroe and St. Clair Counties for tax periods
24 beginning on or after January 1, 1990. A local match
25 equivalent to an amount which could be raised by a tax levy at
26 the rate of .05% on the assessed value of property within the
SB2111 Enrolled - 906 - LRB104 09876 LNS 19944 b
1 boundaries of Madison County is required annually to cause a
2 total of 2/32 of the net revenue to be deposited in the
3 Metro-East Public Transportation Fund. Failure to raise the
4 required local match annually shall result in only 1/32 being
5 deposited into the Metro-East Public Transportation Fund after
6 July 1, 1989, or 1/32 of 80% of the net revenue realized for
7 tax periods beginning on or after January 1, 1990.
8 (b-5) As soon as possible after the first day of each
9 month, beginning July 1, 2005, upon certification of the
10 Department of Revenue, the Comptroller shall order
11 transferred, and the Treasurer shall transfer, from the
12 General Revenue Fund to the Downstate Public Transportation
13 Fund, an amount equal to 3/32 of 80% of the net revenue
14 realized from within the boundaries of Monroe and St. Clair
15 Counties under the State Tax Acts specified in subsection (a)
16 of this Section and provided further that, beginning July 1,
17 2005, the provisions of subsection (b) shall no longer apply
18 with respect to such tax receipts from Monroe and St. Clair
19 Counties.
20 Notwithstanding any provision of law to the contrary,
21 beginning on July 6, 2017 (the effective date of Public Act
22 100-23), those amounts required under this subsection (b-5) to
23 be transferred by the Treasurer into the Downstate Public
24 Transportation Fund from the General Revenue Fund shall be
25 directly deposited into the Downstate Public Transportation
26 Fund as the revenues are realized from the taxes indicated.
SB2111 Enrolled - 907 - LRB104 09876 LNS 19944 b
1 (b-6) As soon as possible after the first day of each
2 month, beginning July 1, 2008, upon certification by the
3 Department of Revenue, the Comptroller shall order transferred
4 and the Treasurer shall transfer, from the General Revenue
5 Fund to the Downstate Public Transportation Fund, an amount
6 equal to 3/32 of 80% of the net revenue realized from within
7 the boundaries of Madison County under the State Tax Acts
8 specified in subsection (a) of this Section and provided
9 further that, beginning July 1, 2008, the provisions of
10 subsection (b) shall no longer apply with respect to such tax
11 receipts from Madison County.
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 subsection (b-6) to
15 be transferred by the Treasurer into the Downstate Public
16 Transportation Fund from the General Revenue Fund shall be
17 directly deposited into the Downstate Public Transportation
18 Fund as the revenues are realized from the taxes indicated.
19 (b-7) Beginning July 1, 2018, notwithstanding any other
20 provisions of law to the contrary, instead of the Comptroller
21 making monthly transfers from the General Revenue Fund to the
22 Downstate Public Transportation Fund, the Department of
23 Revenue shall deposit the designated fraction of the net
24 revenue realized from collections under the Retailers'
25 Occupation Tax Act, the Service Occupation Tax Act, the Use
26 Tax Act, and the Service Use Tax Act directly into the
SB2111 Enrolled - 908 - LRB104 09876 LNS 19944 b
1 Downstate Public Transportation Fund, except that, for the
2 State fiscal year beginning July 1, 2024, the first
3 $75,000,000 that would have otherwise been deposited as
4 provided in this subsection shall instead be transferred from
5 the Road Fund to the Downstate Public Transportation Fund by
6 the Treasurer upon certification by the Department of Revenue
7 and order of the Comptroller. The funds authorized and
8 transferred pursuant to this amendatory Act of the 103rd
9 General Assembly are not intended or planned for road
10 construction projects.
11 (c) The Department shall certify to the Department of
12 Revenue the eligible participants under this Article and the
13 territorial boundaries of such participants for the purposes
14 of the Department of Revenue in subsections (a) and (b) of this
15 Section.
16 (d) For the purposes of this Article, beginning in fiscal
17 year 2009 the General Assembly shall appropriate an amount
18 from the Downstate Public Transportation Fund equal to the sum
19 total of funds projected to be paid to the participants
20 pursuant to Section 2-7. If the General Assembly fails to make
21 appropriations sufficient to cover the amounts projected to be
22 paid pursuant to Section 2-7, this Act shall constitute an
23 irrevocable and continuing appropriation from the Downstate
24 Public Transportation Fund of all amounts necessary for those
25 purposes.
26 (d-5) For the purposes of this Article, beginning in
SB2111 Enrolled - 909 - LRB104 09876 LNS 19944 b
1 Fiscal Year 2027 the General Assembly shall appropriate an
2 amount from the Downstate Public Transportation Fund equal to
3 the sum total of funds projected to be paid to the participants
4 pursuant to Section 9 of the Use Tax Act, Section 9 of the
5 Service Use Tax Act, Section 9 of the Service Occupation Tax
6 Act and Section 3 of the Retailers' Occupation Tax Act. If the
7 General Assembly fails to make appropriations sufficient to
8 cover the amounts projected to be paid pursuant to Section 9 of
9 the Use Tax Act, Section 9 of the Service Use Tax Act, Section
10 9 of the Service Occupation Tax Act and Section 3 of the
11 Retailers' Occupation Tax Act, this Act shall constitute an
12 irrevocable and continuing appropriation from the Downstate
13 Public Transportation Fund of all amounts necessary for those
14 purposes.
15 (e) (Blank).
16 (f) (Blank).
17 (g) (Blank).
18 (h) For State fiscal year 2020 only, notwithstanding any
19 provision of law to the contrary, the total amount of revenue
20 and deposits under this Section attributable to revenues
21 realized during State fiscal year 2020 shall be reduced by 5%.
22 (i) For State fiscal year 2021 only, notwithstanding any
23 provision of law to the contrary, the total amount of revenue
24 and deposits under this Section attributable to revenues
25 realized during State fiscal year 2021 shall be reduced by 5%.
26 (j) Commencing with State fiscal year 2022 programs, and
SB2111 Enrolled - 910 - LRB104 09876 LNS 19944 b
1 for each fiscal year thereafter, all appropriations made under
2 the provisions of this Act shall not constitute a grant
3 program subject to the requirements of the Grant
4 Accountability and Transparency Act. The Department shall
5 approve programs of proposed expenditures and services
6 submitted by participants under the requirements of Sections
7 2-5 and 2-11.
8 (Source: P.A. 102-626, eff. 8-27-21; 103-588, eff. 6-5-24.)
9 Section 25-10. The Use Tax Act is amended by changing
10 Section 9 as follows:
11 (35 ILCS 105/9)
12 Sec. 9. Except as to motor vehicles, watercraft, aircraft,
13 and trailers that are required to be registered with an agency
14 of this State, each retailer required or authorized to collect
15 the tax imposed by this Act shall pay to the Department the
16 amount of such tax (except as otherwise provided) at the time
17 when he is required to file his return for the period during
18 which such tax was collected, less a discount of 2.1% prior to
19 January 1, 1990, and 1.75% on and after January 1, 1990, or $5
20 per calendar year, whichever is greater, which is allowed to
21 reimburse the retailer for expenses incurred in collecting the
22 tax, keeping records, preparing and filing returns, remitting
23 the tax and supplying data to the Department on request.
24 Beginning with returns due on or after January 1, 2025, the
SB2111 Enrolled - 911 - LRB104 09876 LNS 19944 b
1 discount allowed in this Section, the Retailers' Occupation
2 Tax Act, the Service Occupation Tax Act, and the Service Use
3 Tax Act, including any local tax administered by the
4 Department and reported on the same return, shall not exceed
5 $1,000 per month in the aggregate for returns other than
6 transaction returns filed during the month. When determining
7 the discount allowed under this Section, retailers shall
8 include the amount of tax that would have been due at the 6.25%
9 rate but for the 1.25% rate imposed on sales tax holiday items
10 under Public Act 102-700. The discount under this Section is
11 not allowed for the 1.25% portion of taxes paid on aviation
12 fuel that is subject to the revenue use requirements of 49
13 U.S.C. 47107(b) and 49 U.S.C. 47133. When determining the
14 discount allowed under this Section, retailers shall include
15 the amount of tax that would have been due at the 1% rate but
16 for the 0% rate imposed under Public Act 102-700. In the case
17 of retailers who report and pay the tax on a transaction by
18 transaction basis, as provided in this Section, such discount
19 shall be taken with each such tax remittance instead of when
20 such retailer files his periodic return, but, beginning with
21 returns due on or after January 1, 2025, the discount allowed
22 under this Section and the Retailers' Occupation Tax Act,
23 including any local tax administered by the Department and
24 reported on the same transaction return, shall not exceed
25 $1,000 per month for all transaction returns filed during the
26 month. The discount allowed under this Section is allowed only
SB2111 Enrolled - 912 - LRB104 09876 LNS 19944 b
1 for returns that are filed in the manner required by this Act.
2 The Department may disallow the discount for retailers whose
3 certificate of registration is revoked at the time the return
4 is filed, but only if the Department's decision to revoke the
5 certificate of registration has become final. A retailer need
6 not remit that part of any tax collected by him to the extent
7 that he is required to remit and does remit the tax imposed by
8 the Retailers' Occupation Tax Act, with respect to the sale of
9 the same property.
10 Where such tangible personal property is sold under a
11 conditional sales contract, or under any other form of sale
12 wherein the payment of the principal sum, or a part thereof, is
13 extended beyond the close of the period for which the return is
14 filed, the retailer, in collecting the tax (except as to motor
15 vehicles, watercraft, aircraft, and trailers that are required
16 to be registered with an agency of this State), may collect for
17 each tax return period only the tax applicable to that part of
18 the selling price actually received during such tax return
19 period.
20 In the case of leases, except as otherwise provided in
21 this Act, the lessor, in collecting the tax, may collect for
22 each tax return period only the tax applicable to that part of
23 the selling price actually received during such tax return
24 period.
25 Except as provided in this Section, on or before the
26 twentieth day of each calendar month, such retailer shall file
SB2111 Enrolled - 913 - LRB104 09876 LNS 19944 b
1 a return for the preceding calendar month. Such return shall
2 be filed on forms prescribed by the Department and shall
3 furnish such information as the Department may reasonably
4 require. The return shall include the gross receipts on food
5 for human consumption that is to be consumed off the premises
6 where it is sold (other than alcoholic beverages, food
7 consisting of or infused with adult use cannabis, soft drinks,
8 and food that has been prepared for immediate consumption)
9 which were received during the preceding calendar month,
10 quarter, or year, as appropriate, and upon which tax would
11 have been due but for the 0% rate imposed under Public Act
12 102-700. The return shall also include the amount of tax that
13 would have been due on food for human consumption that is to be
14 consumed off the premises where it is sold (other than
15 alcoholic beverages, food consisting of or infused with adult
16 use cannabis, soft drinks, and food that has been prepared for
17 immediate consumption) but for the 0% rate imposed under
18 Public Act 102-700.
19 On and after January 1, 2018, except for returns required
20 to be filed prior to January 1, 2023 for motor vehicles,
21 watercraft, aircraft, and trailers that are required to be
22 registered with an agency of this State, with respect to
23 retailers whose annual gross receipts average $20,000 or more,
24 all returns required to be filed pursuant to this Act shall be
25 filed electronically. On and after January 1, 2023, with
26 respect to retailers whose annual gross receipts average
SB2111 Enrolled - 914 - LRB104 09876 LNS 19944 b
1 $20,000 or more, all returns required to be filed pursuant to
2 this Act, including, but not limited to, returns for motor
3 vehicles, watercraft, aircraft, and trailers that are required
4 to be registered with an agency of this State, shall be filed
5 electronically. Retailers who demonstrate that they do not
6 have access to the Internet or demonstrate hardship in filing
7 electronically may petition the Department to waive the
8 electronic filing requirement.
9 The Department may require returns to be filed on a
10 quarterly basis. If so required, a return for each calendar
11 quarter shall be filed on or before the twentieth day of the
12 calendar month following the end of such calendar quarter. The
13 taxpayer shall also file a return with the Department for each
14 of the first 2 two months of each calendar quarter, on or
15 before the twentieth day of the following calendar month,
16 stating:
17 1. The name of the seller;
18 2. The address of the principal place of business from
19 which he engages in the business of selling tangible
20 personal property at retail in this State;
21 3. The total amount of taxable receipts received by
22 him during the preceding calendar month from sales of
23 tangible personal property by him during such preceding
24 calendar month, including receipts from charge and time
25 sales, but less all deductions allowed by law;
26 4. The amount of credit provided in Section 2d of this
SB2111 Enrolled - 915 - LRB104 09876 LNS 19944 b
1 Act;
2 5. The amount of tax due;
3 5-5. The signature of the taxpayer; and
4 6. Such other reasonable information as the Department
5 may require.
6 Each retailer required or authorized to collect the tax
7 imposed by this Act on aviation fuel sold at retail in this
8 State during the preceding calendar month shall, instead of
9 reporting and paying tax on aviation fuel as otherwise
10 required by this Section, report and pay such tax on a separate
11 aviation fuel tax return. The requirements related to the
12 return shall be as otherwise provided in this Section.
13 Notwithstanding any other provisions of this Act to the
14 contrary, retailers collecting tax on aviation fuel shall file
15 all aviation fuel tax returns and shall make all aviation fuel
16 tax payments by electronic means in the manner and form
17 required by the Department. For purposes of this Section,
18 "aviation fuel" means jet fuel and aviation gasoline.
19 If a taxpayer fails to sign a return within 30 days after
20 the proper notice and demand for signature by the Department,
21 the return shall be considered valid and any amount shown to be
22 due on the return shall be deemed assessed.
23 Notwithstanding any other provision of this Act to the
24 contrary, retailers subject to tax on cannabis shall file all
25 cannabis tax returns and shall make all cannabis tax payments
26 by electronic means in the manner and form required by the
SB2111 Enrolled - 916 - LRB104 09876 LNS 19944 b
1 Department.
2 Beginning October 1, 1993, a taxpayer who has an average
3 monthly tax liability of $150,000 or more shall make all
4 payments required by rules of the Department by electronic
5 funds transfer. Beginning October 1, 1994, a taxpayer who has
6 an average monthly tax liability of $100,000 or more shall
7 make all payments required by rules of the Department by
8 electronic funds transfer. Beginning October 1, 1995, a
9 taxpayer who has an average monthly tax liability of $50,000
10 or more shall make all payments required by rules of the
11 Department by electronic funds transfer. Beginning October 1,
12 2000, a taxpayer who has an annual tax liability of $200,000 or
13 more shall make all payments required by rules of the
14 Department by electronic funds transfer. The term "annual tax
15 liability" shall be the sum of the taxpayer's liabilities
16 under this Act, and under all other State and local occupation
17 and use tax laws administered by the Department, for the
18 immediately preceding calendar year. The term "average monthly
19 tax liability" means the sum of the taxpayer's liabilities
20 under this Act, and under all other State and local occupation
21 and use tax laws administered by the Department, for the
22 immediately preceding calendar year divided by 12. Beginning
23 on October 1, 2002, a taxpayer who has a tax liability in the
24 amount set forth in subsection (b) of Section 2505-210 of the
25 Department of Revenue Law shall make all payments required by
26 rules of the Department by electronic funds transfer.
SB2111 Enrolled - 917 - LRB104 09876 LNS 19944 b
1 Before August 1 of each year beginning in 1993, the
2 Department shall notify all taxpayers required to make
3 payments by electronic funds transfer. All taxpayers required
4 to make payments by electronic funds transfer shall make those
5 payments for a minimum of one year beginning on October 1.
6 Any taxpayer not required to make payments by electronic
7 funds transfer may make payments by electronic funds transfer
8 with the permission of the Department.
9 All taxpayers required to make payment by electronic funds
10 transfer and any taxpayers authorized to voluntarily make
11 payments by electronic funds transfer shall make those
12 payments in the manner authorized by the Department.
13 The Department shall adopt such rules as are necessary to
14 effectuate a program of electronic funds transfer and the
15 requirements of this Section.
16 Before October 1, 2000, if the taxpayer's average monthly
17 tax liability to the Department under this Act, the Retailers'
18 Occupation Tax Act, the Service Occupation Tax Act, the
19 Service Use Tax Act was $10,000 or more during the preceding 4
20 complete calendar quarters, he shall file a return with the
21 Department each month by the 20th day of the month next
22 following the month during which such tax liability is
23 incurred and shall make payments to the Department on or
24 before the 7th, 15th, 22nd and last day of the month during
25 which such liability is incurred. On and after October 1,
26 2000, if the taxpayer's average monthly tax liability to the
SB2111 Enrolled - 918 - LRB104 09876 LNS 19944 b
1 Department under this Act, the Retailers' Occupation Tax Act,
2 the Service Occupation Tax Act, and the Service Use Tax Act was
3 $20,000 or more during the preceding 4 complete calendar
4 quarters, he shall file a return with the Department each
5 month by the 20th day of the month next following the month
6 during which such tax liability is incurred and shall make
7 payment to the Department on or before the 7th, 15th, 22nd and
8 last day of the month during which such liability is incurred.
9 If the month during which such tax liability is incurred began
10 prior to January 1, 1985, each payment shall be in an amount
11 equal to 1/4 of the taxpayer's actual liability for the month
12 or an amount set by the Department not to exceed 1/4 of the
13 average monthly liability of the taxpayer to the Department
14 for the preceding 4 complete calendar quarters (excluding the
15 month of highest liability and the month of lowest liability
16 in such 4 quarter period). If the month during which such tax
17 liability is incurred begins on or after January 1, 1985, and
18 prior to January 1, 1987, each payment shall be in an amount
19 equal to 22.5% of the taxpayer's actual liability for the
20 month or 27.5% of the taxpayer's liability for the same
21 calendar month of the preceding year. If the month during
22 which such tax liability is incurred begins on or after
23 January 1, 1987, and prior to January 1, 1988, each payment
24 shall be in an amount equal to 22.5% of the taxpayer's actual
25 liability for the month or 26.25% of the taxpayer's liability
26 for the same calendar month of the preceding year. If the month
SB2111 Enrolled - 919 - LRB104 09876 LNS 19944 b
1 during which such tax liability is incurred begins on or after
2 January 1, 1988, and prior to January 1, 1989, or begins on or
3 after January 1, 1996, each payment shall be in an amount equal
4 to 22.5% of the taxpayer's actual liability for the month or
5 25% of the taxpayer's liability for the same calendar month of
6 the preceding year. If the month during which such tax
7 liability is incurred begins on or after January 1, 1989, and
8 prior to January 1, 1996, each payment shall be in an amount
9 equal to 22.5% of the taxpayer's actual liability for the
10 month or 25% of the taxpayer's liability for the same calendar
11 month of the preceding year or 100% of the taxpayer's actual
12 liability for the quarter monthly reporting period. The amount
13 of such quarter monthly payments shall be credited against the
14 final tax liability of the taxpayer's return for that month.
15 Before October 1, 2000, once applicable, the requirement of
16 the making of quarter monthly payments to the Department shall
17 continue until such taxpayer's average monthly liability to
18 the Department during the preceding 4 complete calendar
19 quarters (excluding the month of highest liability and the
20 month of lowest liability) is less than $9,000, or until such
21 taxpayer's average monthly liability to the Department as
22 computed for each calendar quarter of the 4 preceding complete
23 calendar quarter period is less than $10,000. However, if a
24 taxpayer can show the Department that a substantial change in
25 the taxpayer's business has occurred which causes the taxpayer
26 to anticipate that his average monthly tax liability for the
SB2111 Enrolled - 920 - LRB104 09876 LNS 19944 b
1 reasonably foreseeable future will fall below the $10,000
2 threshold stated above, then such taxpayer may petition the
3 Department for change in such taxpayer's reporting status. On
4 and after October 1, 2000, once applicable, the requirement of
5 the making of quarter monthly payments to the Department shall
6 continue until such taxpayer's average monthly liability to
7 the Department during the preceding 4 complete calendar
8 quarters (excluding the month of highest liability and the
9 month of lowest liability) is less than $19,000 or until such
10 taxpayer's average monthly liability to the Department as
11 computed for each calendar quarter of the 4 preceding complete
12 calendar quarter period is less than $20,000. However, if a
13 taxpayer can show the Department that a substantial change in
14 the taxpayer's business has occurred which causes the taxpayer
15 to anticipate that his average monthly tax liability for the
16 reasonably foreseeable future will fall below the $20,000
17 threshold stated above, then such taxpayer may petition the
18 Department for a change in such taxpayer's reporting status.
19 The Department shall change such taxpayer's reporting status
20 unless it finds that such change is seasonal in nature and not
21 likely to be long term. Quarter monthly payment status shall
22 be determined under this paragraph as if the rate reduction to
23 1.25% in Public Act 102-700 on sales tax holiday items had not
24 occurred. For quarter monthly payments due on or after July 1,
25 2023 and through June 30, 2024, "25% of the taxpayer's
26 liability for the same calendar month of the preceding year"
SB2111 Enrolled - 921 - LRB104 09876 LNS 19944 b
1 shall be determined as if the rate reduction to 1.25% in Public
2 Act 102-700 on sales tax holiday items had not occurred.
3 Quarter monthly payment status shall be determined under this
4 paragraph as if the rate reduction to 0% in Public Act 102-700
5 on food for human consumption that is to be consumed off the
6 premises where it is sold (other than alcoholic beverages,
7 food consisting of or infused with adult use cannabis, soft
8 drinks, and food that has been prepared for immediate
9 consumption) had not occurred. For quarter monthly payments
10 due under this paragraph on or after July 1, 2023 and through
11 June 30, 2024, "25% of the taxpayer's liability for the same
12 calendar month of the preceding year" shall be determined as
13 if the rate reduction to 0% in Public Act 102-700 had not
14 occurred. If any such quarter monthly payment is not paid at
15 the time or in the amount required by this Section, then the
16 taxpayer shall be liable for penalties and interest on the
17 difference between the minimum amount due and the amount of
18 such quarter monthly payment actually and timely paid, except
19 insofar as the taxpayer has previously made payments for that
20 month to the Department in excess of the minimum payments
21 previously due as provided in this Section. The Department
22 shall make reasonable rules and regulations to govern the
23 quarter monthly payment amount and quarter monthly payment
24 dates for taxpayers who file on other than a calendar monthly
25 basis.
26 If any such payment provided for in this Section exceeds
SB2111 Enrolled - 922 - LRB104 09876 LNS 19944 b
1 the taxpayer's liabilities under this Act, the Retailers'
2 Occupation Tax Act, the Service Occupation Tax Act and the
3 Service Use Tax Act, as shown by an original monthly return,
4 the Department shall issue to the taxpayer a credit memorandum
5 no later than 30 days after the date of payment, which
6 memorandum may be submitted by the taxpayer to the Department
7 in payment of tax liability subsequently to be remitted by the
8 taxpayer to the Department or be assigned by the taxpayer to a
9 similar taxpayer under this Act, the Retailers' Occupation Tax
10 Act, the Service Occupation Tax Act or the Service Use Tax Act,
11 in accordance with reasonable rules and regulations to be
12 prescribed by the Department, except that if such excess
13 payment is shown on an original monthly return and is made
14 after December 31, 1986, no credit memorandum shall be issued,
15 unless requested by the taxpayer. If no such request is made,
16 the taxpayer may credit such excess payment against tax
17 liability subsequently to be remitted by the taxpayer to the
18 Department under this Act, the Retailers' Occupation Tax Act,
19 the Service Occupation Tax Act or the Service Use Tax Act, in
20 accordance with reasonable rules and regulations prescribed by
21 the Department. If the Department subsequently determines that
22 all or any part of the credit taken was not actually due to the
23 taxpayer, the taxpayer's vendor's discount shall be reduced,
24 if necessary, to reflect the difference between the credit
25 taken and that actually due, and the taxpayer shall be liable
26 for penalties and interest on such difference.
SB2111 Enrolled - 923 - LRB104 09876 LNS 19944 b
1 If the retailer is otherwise required to file a monthly
2 return and if the retailer's average monthly tax liability to
3 the Department does not exceed $200, the Department may
4 authorize his returns to be filed on a quarter annual basis,
5 with the return for January, February, and March of a given
6 year being due by April 20 of such year; with the return for
7 April, May and June of a given year being due by July 20 of
8 such year; with the return for July, August and September of a
9 given year being due by October 20 of such year, and with the
10 return for October, November and December of a given year
11 being due by January 20 of the following year.
12 If the retailer is otherwise required to file a monthly or
13 quarterly return and if the retailer's average monthly tax
14 liability to the Department does not exceed $50, the
15 Department may authorize his returns to be filed on an annual
16 basis, with the return for a given year being due by January 20
17 of the following year.
18 Such quarter annual and annual returns, as to form and
19 substance, shall be subject to the same requirements as
20 monthly returns.
21 Notwithstanding any other provision in this Act concerning
22 the time within which a retailer may file his return, in the
23 case of any retailer who ceases to engage in a kind of business
24 which makes him responsible for filing returns under this Act,
25 such retailer shall file a final return under this Act with the
26 Department not more than one month after discontinuing such
SB2111 Enrolled - 924 - LRB104 09876 LNS 19944 b
1 business.
2 In addition, with respect to motor vehicles, watercraft,
3 aircraft, and trailers that are required to be registered with
4 an agency of this State, except as otherwise provided in this
5 Section, every retailer selling this kind of tangible personal
6 property shall file, with the Department, upon a form to be
7 prescribed and supplied by the Department, a separate return
8 for each such item of tangible personal property which the
9 retailer sells, except that if, in the same transaction, (i) a
10 retailer of aircraft, watercraft, motor vehicles or trailers
11 transfers more than one aircraft, watercraft, motor vehicle or
12 trailer to another aircraft, watercraft, motor vehicle or
13 trailer retailer for the purpose of resale or (ii) a retailer
14 of aircraft, watercraft, motor vehicles, or trailers transfers
15 more than one aircraft, watercraft, motor vehicle, or trailer
16 to a purchaser for use as a qualifying rolling stock as
17 provided in Section 3-55 of this Act, then that seller may
18 report the transfer of all the aircraft, watercraft, motor
19 vehicles or trailers involved in that transaction to the
20 Department on the same uniform invoice-transaction reporting
21 return form. For purposes of this Section, "watercraft" means
22 a Class 2, Class 3, or Class 4 watercraft as defined in Section
23 3-2 of the Boat Registration and Safety Act, a personal
24 watercraft, or any boat equipped with an inboard motor.
25 In addition, with respect to motor vehicles, watercraft,
26 aircraft, and trailers that are required to be registered with
SB2111 Enrolled - 925 - LRB104 09876 LNS 19944 b
1 an agency of this State, every person who is engaged in the
2 business of leasing or renting such items and who, in
3 connection with such business, sells any such item to a
4 retailer for the purpose of resale is, notwithstanding any
5 other provision of this Section to the contrary, authorized to
6 meet the return-filing requirement of this Act by reporting
7 the transfer of all the aircraft, watercraft, motor vehicles,
8 or trailers transferred for resale during a month to the
9 Department on the same uniform invoice-transaction reporting
10 return form on or before the 20th of the month following the
11 month in which the transfer takes place. Notwithstanding any
12 other provision of this Act to the contrary, all returns filed
13 under this paragraph must be filed by electronic means in the
14 manner and form as required by the Department.
15 The transaction reporting return in the case of motor
16 vehicles or trailers that are required to be registered with
17 an agency of this State, shall be the same document as the
18 Uniform Invoice referred to in Section 5-402 of the Illinois
19 Vehicle Code and must show the name and address of the seller;
20 the name and address of the purchaser; the amount of the
21 selling price including the amount allowed by the retailer for
22 traded-in property, if any; the amount allowed by the retailer
23 for the traded-in tangible personal property, if any, to the
24 extent to which Section 2 of this Act allows an exemption for
25 the value of traded-in property; the balance payable after
26 deducting such trade-in allowance from the total selling
SB2111 Enrolled - 926 - LRB104 09876 LNS 19944 b
1 price; the amount of tax due from the retailer with respect to
2 such transaction; the amount of tax collected from the
3 purchaser by the retailer on such transaction (or satisfactory
4 evidence that such tax is not due in that particular instance,
5 if that is claimed to be the fact); the place and date of the
6 sale; a sufficient identification of the property sold; such
7 other information as is required in Section 5-402 of the
8 Illinois Vehicle Code, and such other information as the
9 Department may reasonably require.
10 The transaction reporting return in the case of watercraft
11 and aircraft must show the name and address of the seller; the
12 name and address of the purchaser; the amount of the selling
13 price including the amount allowed by the retailer for
14 traded-in property, if any; the amount allowed by the retailer
15 for the traded-in tangible personal property, if any, to the
16 extent to which Section 2 of this Act allows an exemption for
17 the value of traded-in property; the balance payable after
18 deducting such trade-in allowance from the total selling
19 price; the amount of tax due from the retailer with respect to
20 such transaction; the amount of tax collected from the
21 purchaser by the retailer on such transaction (or satisfactory
22 evidence that such tax is not due in that particular instance,
23 if that is claimed to be the fact); the place and date of the
24 sale, a sufficient identification of the property sold, and
25 such other information as the Department may reasonably
26 require.
SB2111 Enrolled - 927 - LRB104 09876 LNS 19944 b
1 Such transaction reporting return shall be filed not later
2 than 20 days after the date of delivery of the item that is
3 being sold, but may be filed by the retailer at any time sooner
4 than that if he chooses to do so. The transaction reporting
5 return and tax remittance or proof of exemption from the tax
6 that is imposed by this Act may be transmitted to the
7 Department by way of the State agency with which, or State
8 officer with whom, the tangible personal property must be
9 titled or registered (if titling or registration is required)
10 if the Department and such agency or State officer determine
11 that this procedure will expedite the processing of
12 applications for title or registration.
13 With each such transaction reporting return, the retailer
14 shall remit the proper amount of tax due (or shall submit
15 satisfactory evidence that the sale is not taxable if that is
16 the case), to the Department or its agents, whereupon the
17 Department shall issue, in the purchaser's name, a tax receipt
18 (or a certificate of exemption if the Department is satisfied
19 that the particular sale is tax exempt) which such purchaser
20 may submit to the agency with which, or State officer with
21 whom, he must title or register the tangible personal property
22 that is involved (if titling or registration is required) in
23 support of such purchaser's application for an Illinois
24 certificate or other evidence of title or registration to such
25 tangible personal property.
26 No retailer's failure or refusal to remit tax under this
SB2111 Enrolled - 928 - LRB104 09876 LNS 19944 b
1 Act precludes a user, who has paid the proper tax to the
2 retailer, from obtaining his certificate of title or other
3 evidence of title or registration (if titling or registration
4 is required) upon satisfying the Department that such user has
5 paid the proper tax (if tax is due) to the retailer. The
6 Department shall adopt appropriate rules to carry out the
7 mandate of this paragraph.
8 If the user who would otherwise pay tax to the retailer
9 wants the transaction reporting return filed and the payment
10 of tax or proof of exemption made to the Department before the
11 retailer is willing to take these actions and such user has not
12 paid the tax to the retailer, such user may certify to the fact
13 of such delay by the retailer, and may (upon the Department
14 being satisfied of the truth of such certification) transmit
15 the information required by the transaction reporting return
16 and the remittance for tax or proof of exemption directly to
17 the Department and obtain his tax receipt or exemption
18 determination, in which event the transaction reporting return
19 and tax remittance (if a tax payment was required) shall be
20 credited by the Department to the proper retailer's account
21 with the Department, but without the vendor's discount
22 provided for in this Section being allowed. When the user pays
23 the tax directly to the Department, he shall pay the tax in the
24 same amount and in the same form in which it would be remitted
25 if the tax had been remitted to the Department by the retailer.
26 On and after January 1, 2025, with respect to the lease of
SB2111 Enrolled - 929 - LRB104 09876 LNS 19944 b
1 trailers, other than semitrailers as defined in Section 1-187
2 of the Illinois Vehicle Code, that are required to be
3 registered with an agency of this State and that are subject to
4 the tax on lease receipts under this Act, notwithstanding any
5 other provision of this Act to the contrary, for the purpose of
6 reporting and paying tax under this Act on those lease
7 receipts, lessors shall file returns in addition to and
8 separate from the transaction reporting return. Lessors shall
9 file those lease returns and make payment to the Department by
10 electronic means on or before the 20th day of each month
11 following the month, quarter, or year, as applicable, in which
12 lease receipts were received. All lease receipts received by
13 the lessor from the lease of those trailers during the same
14 reporting period shall be reported and tax shall be paid on a
15 single return form to be prescribed by the Department.
16 Where a retailer collects the tax with respect to the
17 selling price of tangible personal property which he sells and
18 the purchaser thereafter returns such tangible personal
19 property and the retailer refunds the selling price thereof to
20 the purchaser, such retailer shall also refund, to the
21 purchaser, the tax so collected from the purchaser. When
22 filing his return for the period in which he refunds such tax
23 to the purchaser, the retailer may deduct the amount of the tax
24 so refunded by him to the purchaser from any other use tax
25 which such retailer may be required to pay or remit to the
26 Department, as shown by such return, if the amount of the tax
SB2111 Enrolled - 930 - LRB104 09876 LNS 19944 b
1 to be deducted was previously remitted to the Department by
2 such retailer. If the retailer has not previously remitted the
3 amount of such tax to the Department, he is entitled to no
4 deduction under this Act upon refunding such tax to the
5 purchaser.
6 Any retailer filing a return under this Section shall also
7 include (for the purpose of paying tax thereon) the total tax
8 covered by such return upon the selling price of tangible
9 personal property purchased by him at retail from a retailer,
10 but as to which the tax imposed by this Act was not collected
11 from the retailer filing such return, and such retailer shall
12 remit the amount of such tax to the Department when filing such
13 return.
14 If experience indicates such action to be practicable, the
15 Department may prescribe and furnish a combination or joint
16 return which will enable retailers, who are required to file
17 returns hereunder and also under the Retailers' Occupation Tax
18 Act, to furnish all the return information required by both
19 Acts on the one form.
20 Where the retailer has more than one business registered
21 with the Department under separate registration under this
22 Act, such retailer may not file each return that is due as a
23 single return covering all such registered businesses, but
24 shall file separate returns for each such registered business.
25 Beginning January 1, 1990, each month the Department shall
26 pay into the State and Local Sales Tax Reform Fund, a special
SB2111 Enrolled - 931 - LRB104 09876 LNS 19944 b
1 fund in the State treasury which is hereby created, the net
2 revenue realized for the preceding month from the 1% tax
3 imposed under this Act.
4 Beginning January 1, 1990, each month the Department shall
5 pay into the County and Mass Transit District Fund 4% of the
6 net revenue realized for the preceding month from the 6.25%
7 general rate on the selling price of tangible personal
8 property which is purchased outside Illinois at retail from a
9 retailer and which is titled or registered by an agency of this
10 State's government.
11 Beginning January 1, 1990, each month the Department shall
12 pay into the State and Local Sales Tax Reform Fund, a special
13 fund in the State treasury, 20% of the net revenue realized for
14 the preceding month from the 6.25% general rate on the selling
15 price of tangible personal property, other than (i) tangible
16 personal property which is purchased outside Illinois at
17 retail from a retailer and which is titled or registered by an
18 agency of this State's government and (ii) aviation fuel sold
19 on or after December 1, 2019. This exception for aviation fuel
20 only applies for so long as the revenue use requirements of 49
21 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the State.
22 For aviation fuel sold on or after December 1, 2019, each
23 month the Department shall pay into the State Aviation Program
24 Fund 20% of the net revenue realized for the preceding month
25 from the 6.25% general rate on the selling price of aviation
26 fuel, less an amount estimated by the Department to be
SB2111 Enrolled - 932 - LRB104 09876 LNS 19944 b
1 required for refunds of the 20% portion of the tax on aviation
2 fuel under this Act, which amount shall be deposited into the
3 Aviation Fuel Sales Tax Refund Fund. The Department shall only
4 pay moneys into the State Aviation Program Fund and the
5 Aviation Fuels Sales Tax Refund Fund under this Act for so long
6 as the revenue use requirements of 49 U.S.C. 47107(b) and 49
7 U.S.C. 47133 are binding on the State.
8 Beginning August 1, 2000, each month the Department shall
9 pay into the State and Local Sales Tax Reform Fund 100% of the
10 net revenue realized for the preceding month from the 1.25%
11 rate on the selling price of motor fuel and gasohol. If, in any
12 month, the tax on sales tax holiday items, as defined in
13 Section 3-6, is imposed at the rate of 1.25%, then the
14 Department shall pay 100% of the net revenue realized for that
15 month from the 1.25% rate on the selling price of sales tax
16 holiday items into the State and Local Sales Tax Reform Fund.
17 Beginning January 1, 1990, each month the Department shall
18 pay into the Local Government Tax Fund 16% of the net revenue
19 realized for the preceding month from the 6.25% general rate
20 on the selling price of tangible personal property which is
21 purchased outside Illinois at retail from a retailer and which
22 is titled or registered by an agency of this State's
23 government.
24 Beginning October 1, 2009, each month the Department shall
25 pay into the Capital Projects Fund an amount that is equal to
26 an amount estimated by the Department to represent 80% of the
SB2111 Enrolled - 933 - LRB104 09876 LNS 19944 b
1 net revenue realized for the preceding month from the sale of
2 candy, grooming and hygiene products, and soft drinks that had
3 been taxed at a rate of 1% prior to September 1, 2009 but that
4 are now taxed at 6.25%.
5 Beginning July 1, 2011, each month the Department shall
6 pay into the Clean Air Act Permit Fund 80% of the net revenue
7 realized for the preceding month from the 6.25% general rate
8 on the selling price of sorbents used in Illinois in the
9 process of sorbent injection as used to comply with the
10 Environmental Protection Act or the federal Clean Air Act, but
11 the total payment into the Clean Air Act Permit Fund under this
12 Act and the Retailers' Occupation Tax Act shall not exceed
13 $2,000,000 in any fiscal year.
14 Beginning July 1, 2013, each month the Department shall
15 pay into the Underground Storage Tank Fund from the proceeds
16 collected under this Act, the Service Use Tax Act, the Service
17 Occupation Tax Act, and the Retailers' Occupation Tax Act an
18 amount equal to the average monthly deficit in the Underground
19 Storage Tank Fund during the prior year, as certified annually
20 by the Illinois Environmental Protection Agency, but the total
21 payment into the Underground Storage Tank Fund under this Act,
22 the Service Use Tax Act, the Service Occupation Tax Act, and
23 the Retailers' Occupation Tax Act shall not exceed $18,000,000
24 in any State fiscal year. As used in this paragraph, the
25 "average monthly deficit" shall be equal to the difference
26 between the average monthly claims for payment by the fund and
SB2111 Enrolled - 934 - LRB104 09876 LNS 19944 b
1 the average monthly revenues deposited into the fund,
2 excluding payments made pursuant to this paragraph.
3 Beginning July 1, 2015, of the remainder of the moneys
4 received by the Department under this Act, the Service Use Tax
5 Act, the Service Occupation Tax Act, and the Retailers'
6 Occupation Tax Act, each month the Department shall deposit
7 $500,000 into the State Crime Laboratory Fund.
8 Of the remainder of the moneys received by the Department
9 pursuant to this Act, (a) 1.75% thereof shall be paid into the
10 Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
11 and after July 1, 1989, 3.8% thereof shall be paid into the
12 Build Illinois Fund; provided, however, that if in any fiscal
13 year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
14 may be, of the moneys received by the Department and required
15 to be paid into the Build Illinois Fund pursuant to Section 3
16 of the Retailers' Occupation Tax Act, Section 9 of the Use Tax
17 Act, Section 9 of the Service Use Tax Act, and Section 9 of the
18 Service Occupation Tax Act, such Acts being hereinafter called
19 the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case
20 may be, of moneys being hereinafter called the "Tax Act
21 Amount", and (2) the amount transferred to the Build Illinois
22 Fund from the State and Local Sales Tax Reform Fund shall be
23 less than the Annual Specified Amount (as defined in Section 3
24 of the Retailers' Occupation Tax Act), an amount equal to the
25 difference shall be immediately paid into the Build Illinois
26 Fund from other moneys received by the Department pursuant to
SB2111 Enrolled - 935 - LRB104 09876 LNS 19944 b
1 the Tax Acts; and further provided, that if on the last
2 business day of any month the sum of (1) the Tax Act Amount
3 required to be deposited into the Build Illinois Bond Account
4 in the Build Illinois Fund during such month and (2) the amount
5 transferred during such month to the Build Illinois Fund from
6 the State and Local Sales Tax Reform Fund shall have been less
7 than 1/12 of the Annual Specified Amount, an amount equal to
8 the difference shall be immediately paid into the Build
9 Illinois Fund from other moneys received by the Department
10 pursuant to the Tax Acts; and, further provided, that in no
11 event shall the payments required under the preceding proviso
12 result in aggregate payments into the Build Illinois Fund
13 pursuant to this clause (b) for any fiscal year in excess of
14 the greater of (i) the Tax Act Amount or (ii) the Annual
15 Specified Amount for such fiscal year; and, further provided,
16 that the amounts payable into the Build Illinois Fund under
17 this clause (b) shall be payable only until such time as the
18 aggregate amount on deposit under each trust indenture
19 securing Bonds issued and outstanding pursuant to the Build
20 Illinois Bond Act is sufficient, taking into account any
21 future investment income, to fully provide, in accordance with
22 such indenture, for the defeasance of or the payment of the
23 principal of, premium, if any, and interest on the Bonds
24 secured by such indenture and on any Bonds expected to be
25 issued thereafter and all fees and costs payable with respect
26 thereto, all as certified by the Director of the Bureau of the
SB2111 Enrolled - 936 - LRB104 09876 LNS 19944 b
1 Budget (now Governor's Office of Management and Budget). If on
2 the last business day of any month in which Bonds are
3 outstanding pursuant to the Build Illinois Bond Act, the
4 aggregate of the moneys deposited into in the Build Illinois
5 Bond Account in the Build Illinois Fund in such month shall be
6 less than the amount required to be transferred in such month
7 from the Build Illinois Bond Account to the Build Illinois
8 Bond Retirement and Interest Fund pursuant to Section 13 of
9 the Build Illinois Bond Act, an amount equal to such
10 deficiency shall be immediately paid from other moneys
11 received by the Department pursuant to the Tax Acts to the
12 Build Illinois Fund; provided, however, that any amounts paid
13 to the Build Illinois Fund in any fiscal year pursuant to this
14 sentence shall be deemed to constitute payments pursuant to
15 clause (b) of the preceding sentence and shall reduce the
16 amount otherwise payable for such fiscal year pursuant to
17 clause (b) of the preceding sentence. The moneys received by
18 the Department pursuant to this Act and required to be
19 deposited into the Build Illinois Fund are subject to the
20 pledge, claim and charge set forth in Section 12 of the Build
21 Illinois Bond Act.
22 Subject to payment of amounts into the Build Illinois Fund
23 as provided in the preceding paragraph or in any amendment
24 thereto hereafter enacted, the following specified monthly
25 installment of the amount requested in the certificate of the
26 Chairman of the Metropolitan Pier and Exposition Authority
SB2111 Enrolled - 937 - LRB104 09876 LNS 19944 b
1 provided under Section 8.25f of the State Finance Act, but not
2 in excess of the sums designated as "Total Deposit", shall be
3 deposited in the aggregate from collections under Section 9 of
4 the Use Tax Act, Section 9 of the Service Use Tax Act, Section
5 9 of the Service Occupation Tax Act, and Section 3 of the
6 Retailers' Occupation Tax Act into the McCormick Place
7 Expansion Project Fund in the specified fiscal years.
8 Fiscal Year Total Deposit
9 1993 $0
10 1994 53,000,000
11 1995 58,000,000
12 1996 61,000,000
13 1997 64,000,000
14 1998 68,000,000
15 1999 71,000,000
16 2000 75,000,000
17 2001 80,000,000
18 2002 93,000,000
19 2003 99,000,000
20 2004 103,000,000
21 2005 108,000,000
22 2006 113,000,000
23 2007 119,000,000
24 2008 126,000,000
25 2009 132,000,000
26 2010 139,000,000
SB2111 Enrolled - 938 - LRB104 09876 LNS 19944 b
1 2011 146,000,000
153,000,000
2 2012 161,000,000
170,000,000
3 2013 179,000,000
189,000,000
4 2014 199,000,000
210,000,000
5 2015 221,000,000
233,000,000
6 2016 300,000,000
300,000,000
7 2017 300,000,000
300,000,000
8 2018 300,000,000
300,000,000
9 2019 375,000,000
375,000,000
10 2020 375,000,000
375,000,000
11 2021 375,000,000
375,000,000
12 2022 375,000,000
375,000,000
13 2023 375,000,000
450,000,000
14 2024
15 2025
16 2026
17 2027
18 2028
19 2029
20 2030
21 2031
22 2032
23 2033
24 2034
25 2035
26 2036
SB2111 Enrolled - 939 - LRB104 09876 LNS 19944 b
1 and
2 each fiscal year
3 thereafter that bonds
4 are outstanding under
5 Section 13.2 of the
6 Metropolitan Pier and
7 Exposition Authority Act,
8 but not after fiscal year 2060.
9 Beginning July 20, 1993 and in each month of each fiscal
10 year thereafter, one-eighth of the amount requested in the
11 certificate of the Chairman of the Metropolitan Pier and
12 Exposition Authority for that fiscal year, less the amount
13 deposited into the McCormick Place Expansion Project Fund by
14 the State Treasurer in the respective month under subsection
15 (g) of Section 13 of the Metropolitan Pier and Exposition
16 Authority Act, plus cumulative deficiencies in the deposits
17 required under this Section for previous months and years,
18 shall be deposited into the McCormick Place Expansion Project
19 Fund, until the full amount requested for the fiscal year, but
20 not in excess of the amount specified above as "Total
21 Deposit", has been deposited.
22 Subject to payment of amounts into the Capital Projects
23 Fund, the Clean Air Act Permit Fund, the Build Illinois Fund,
24 and the McCormick Place Expansion Project Fund pursuant to the
25 preceding paragraphs or in any amendments thereto hereafter
26 enacted, for aviation fuel sold on or after December 1, 2019,
SB2111 Enrolled - 940 - LRB104 09876 LNS 19944 b
1 the Department shall each month deposit into the Aviation Fuel
2 Sales Tax Refund Fund an amount estimated by the Department to
3 be required for refunds of the 80% portion of the tax on
4 aviation fuel under this Act. The Department shall only
5 deposit moneys into the Aviation Fuel Sales Tax Refund Fund
6 under this paragraph for so long as the revenue use
7 requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are
8 binding on the State.
9 Subject to payment of amounts into the Build Illinois Fund
10 and the McCormick Place Expansion Project Fund pursuant to the
11 preceding paragraphs or in any amendments thereto hereafter
12 enacted, beginning July 1, 1993 and ending on September 30,
13 2013, the Department shall each month pay into the Illinois
14 Tax Increment Fund 0.27% of 80% of the net revenue realized for
15 the preceding month from the 6.25% general rate on the selling
16 price of tangible personal property.
17 Subject to payment of amounts into the Build Illinois
18 Fund, the McCormick Place Expansion Project Fund, the Illinois
19 Tax Increment Fund, and the Energy Infrastructure Fund
20 pursuant to the preceding paragraphs or in any amendments to
21 this Section hereafter enacted, beginning on the first day of
22 the first calendar month to occur on or after August 26, 2014
23 (the effective date of Public Act 98-1098), each month, from
24 the collections made under Section 9 of the Use Tax Act,
25 Section 9 of the Service Use Tax Act, Section 9 of the Service
26 Occupation Tax Act, and Section 3 of the Retailers' Occupation
SB2111 Enrolled - 941 - LRB104 09876 LNS 19944 b
1 Tax Act, the Department shall pay into the Tax Compliance and
2 Administration Fund, to be used, subject to appropriation, to
3 fund additional auditors and compliance personnel at the
4 Department of Revenue, an amount equal to 1/12 of 5% of 80% of
5 the cash receipts collected during the preceding fiscal year
6 by the Audit Bureau of the Department under the Use Tax Act,
7 the Service Use Tax Act, the Service Occupation Tax Act, the
8 Retailers' Occupation Tax Act, and associated local occupation
9 and use taxes administered by the Department.
10 Subject to payments of amounts into the Build Illinois
11 Fund, the McCormick Place Expansion Project Fund, the Illinois
12 Tax Increment Fund, and the Tax Compliance and Administration
13 Fund as provided in this Section, beginning on July 1, 2018 the
14 Department shall pay each month into the Downstate Public
15 Transportation Fund the moneys required to be so paid under
16 Section 2-3 of the Downstate Public Transportation Act.
17 Subject to successful execution and delivery of a
18 public-private agreement between the public agency and private
19 entity and completion of the civic build, beginning on July 1,
20 2023, of the remainder of the moneys received by the
21 Department under the Use Tax Act, the Service Use Tax Act, the
22 Service Occupation Tax Act, and this Act, the Department shall
23 deposit the following specified deposits in the aggregate from
24 collections under the Use Tax Act, the Service Use Tax Act, the
25 Service Occupation Tax Act, and the Retailers' Occupation Tax
26 Act, as required under Section 8.25g of the State Finance Act
SB2111 Enrolled - 942 - LRB104 09876 LNS 19944 b
1 for distribution consistent with the Public-Private
2 Partnership for Civic and Transit Infrastructure Project Act.
3 The moneys received by the Department pursuant to this Act and
4 required to be deposited into the Civic and Transit
5 Infrastructure Fund are subject to the pledge, claim, and
6 charge set forth in Section 25-55 of the Public-Private
7 Partnership for Civic and Transit Infrastructure Project Act.
8 As used in this paragraph, "civic build", "private entity",
9 "public-private agreement", and "public agency" have the
10 meanings provided in Section 25-10 of the Public-Private
11 Partnership for Civic and Transit Infrastructure Project Act.
12 Fiscal Year ............................ Total Deposit
13 2024 .................................... $200,000,000
14 2025 .................................... $206,000,000
15 2026 .................................... $212,200,000
16 2027 .................................... $218,500,000
17 2028 .................................... $225,100,000
18 2029 .................................... $288,700,000
19 2030 .................................... $298,900,000
20 2031 .................................... $309,300,000
21 2032 .................................... $320,100,000
22 2033 .................................... $331,200,000
23 2034 .................................... $341,200,000
24 2035 .................................... $351,400,000
25 2036 .................................... $361,900,000
26 2037 .................................... $372,800,000
SB2111 Enrolled - 943 - LRB104 09876 LNS 19944 b
1 2038 .................................... $384,000,000
2 2039 .................................... $395,500,000
3 2040 .................................... $407,400,000
4 2041 .................................... $419,600,000
5 2042 .................................... $432,200,000
6 2043 .................................... $445,100,000
7 Beginning July 1, 2021 and until July 1, 2022, subject to
8 the payment of amounts into the State and Local Sales Tax
9 Reform Fund, the Build Illinois Fund, the McCormick Place
10 Expansion Project Fund, the Illinois Tax Increment Fund, and
11 the Tax Compliance and Administration Fund as provided in this
12 Section, the Department shall pay each month into the Road
13 Fund the amount estimated to represent 16% of the net revenue
14 realized from the taxes imposed on motor fuel and gasohol.
15 Beginning July 1, 2022 and until July 1, 2023, subject to the
16 payment of amounts into the State and Local Sales Tax Reform
17 Fund, the Build Illinois Fund, the McCormick Place Expansion
18 Project Fund, the Illinois Tax Increment Fund, and the Tax
19 Compliance and Administration Fund as provided in this
20 Section, the Department shall pay each month into the Road
21 Fund the amount estimated to represent 32% of the net revenue
22 realized from the taxes imposed on motor fuel and gasohol.
23 Beginning July 1, 2023 and until July 1, 2024, subject to the
24 payment of amounts into the State and Local Sales Tax Reform
25 Fund, the Build Illinois Fund, the McCormick Place Expansion
26 Project Fund, the Illinois Tax Increment Fund, and the Tax
SB2111 Enrolled - 944 - LRB104 09876 LNS 19944 b
1 Compliance and Administration Fund as provided in this
2 Section, the Department shall pay each month into the Road
3 Fund the amount estimated to represent 48% of the net revenue
4 realized from the taxes imposed on motor fuel and gasohol.
5 Beginning July 1, 2024 and until July 1, 2026, subject to the
6 payment of amounts into the State and Local Sales Tax Reform
7 Fund, the Build Illinois Fund, the McCormick Place Expansion
8 Project Fund, the Illinois Tax Increment Fund, and the Tax
9 Compliance and Administration Fund as provided in this
10 Section, the Department shall pay each month into the Road
11 Fund the amount estimated to represent 64% of the net revenue
12 realized from the taxes imposed on motor fuel and gasohol.
13 Beginning on July 1, 2026, subject to the payment of amounts
14 into the State and Local Sales Tax Reform Fund, the Build
15 Illinois Fund, the McCormick Place Expansion Project Fund, the
16 Illinois Tax Increment Fund, and the Tax Compliance and
17 Administration Fund as provided in this Section, the
18 Department shall pay each month into the Public Transportation
19 Fund and the Downstate Public Transportation Road Fund the
20 amount estimated to represent 80% of the net revenue realized
21 from the taxes imposed on motor fuel and gasohol. Moneys shall
22 be apportioned as follows: 85% into the Public Transportation
23 Fund and 15% into the Downstate Public Transportation Fund. As
24 used in this paragraph, "motor fuel" has the meaning given to
25 that term in Section 1.1 of the Motor Fuel Tax Law, and
26 "gasohol" has the meaning given to that term in Section 3-40 of
SB2111 Enrolled - 945 - LRB104 09876 LNS 19944 b
1 this Act.
2 Until July 1, 2025, of the remainder of the moneys
3 received by the Department pursuant to this Act, 75% thereof
4 shall be paid into the State treasury and 25% shall be reserved
5 in a special account and used only for the transfer to the
6 Common School Fund as part of the monthly transfer from the
7 General Revenue Fund in accordance with Section 8a of the
8 State Finance Act. Beginning July 1, 2025, of the remainder of
9 the moneys received by the Department pursuant to this Act,
10 75% shall be deposited into the General Revenue Fund and 25%
11 shall be deposited into the Common School Fund.
12 As soon as possible after the first day of each month, upon
13 certification of the Department of Revenue, the Comptroller
14 shall order transferred and the Treasurer shall transfer from
15 the General Revenue Fund to the Motor Fuel Tax Fund an amount
16 equal to 1.7% of 80% of the net revenue realized under this Act
17 for the second preceding month. Beginning April 1, 2000, this
18 transfer is no longer required and shall not be made.
19 Net revenue realized for a month shall be the revenue
20 collected by the State pursuant to this Act, less the amount
21 paid out during that month as refunds to taxpayers for
22 overpayment of liability.
23 For greater simplicity of administration, manufacturers,
24 importers and wholesalers whose products are sold at retail in
25 Illinois by numerous retailers, and who wish to do so, may
26 assume the responsibility for accounting and paying to the
SB2111 Enrolled - 946 - LRB104 09876 LNS 19944 b
1 Department all tax accruing under this Act with respect to
2 such sales, if the retailers who are affected do not make
3 written objection to the Department to this arrangement.
4 (Source: P.A. 103-154, eff. 6-30-23; 103-363, eff. 7-28-23;
5 103-592, Article 75, Section 75-5, eff. 1-1-25; 103-592,
6 Article 110, Section 110-5, eff. 6-7-24; 103-1055, eff.
7 12-20-24; 104-6, Article 5, Section 5-10, eff. 6-16-25; 104-6,
8 Article 35, Section 35-20, eff. 6-16-25; revised 7-21-25.)
9 Section 25-15. The Service Use Tax Act is amended by
10 changing Section 9 as follows:
11 (35 ILCS 110/9)
12 Sec. 9. Each serviceman required or authorized to collect
13 the tax herein imposed shall pay to the Department the amount
14 of such tax (except as otherwise provided) at the time when he
15 is required to file his return for the period during which such
16 tax was collected, less a discount of 2.1% prior to January 1,
17 1990 and 1.75% on and after January 1, 1990, or $5 per calendar
18 year, whichever is greater, which is allowed to reimburse the
19 serviceman for expenses incurred in collecting the tax,
20 keeping records, preparing and filing returns, remitting the
21 tax, and supplying data to the Department on request.
22 Beginning with returns due on or after January 1, 2025, the
23 vendor's discount allowed in this Section, the Retailers'
24 Occupation Tax Act, the Service Occupation Tax Act, and the
SB2111 Enrolled - 947 - LRB104 09876 LNS 19944 b
1 Use Tax Act, including any local tax administered by the
2 Department and reported on the same return, shall not exceed
3 $1,000 per month in the aggregate. When determining the
4 discount allowed under this Section, servicemen shall include
5 the amount of tax that would have been due at the 1% rate but
6 for the 0% rate imposed under Public Act 102-700 this
7 amendatory Act of the 102nd General Assembly. The discount
8 under this Section is not allowed for the 1.25% portion of
9 taxes paid on aviation fuel that is subject to the revenue use
10 requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133. The
11 discount allowed under this Section is allowed only for
12 returns that are filed in the manner required by this Act. The
13 Department may disallow the discount for servicemen whose
14 certificate of registration is revoked at the time the return
15 is filed, but only if the Department's decision to revoke the
16 certificate of registration has become final. A serviceman
17 need not remit that part of any tax collected by him to the
18 extent that he is required to pay and does pay the tax imposed
19 by the Service Occupation Tax Act with respect to his sale of
20 service involving the incidental transfer by him of the same
21 property.
22 Except as provided hereinafter in this Section, on or
23 before the twentieth day of each calendar month, such
24 serviceman shall file a return for the preceding calendar
25 month in accordance with reasonable Rules and Regulations to
26 be promulgated by the Department. Such return shall be filed
SB2111 Enrolled - 948 - LRB104 09876 LNS 19944 b
1 on a form prescribed by the Department and shall contain such
2 information as the Department may reasonably require. The
3 return shall include the gross receipts which were received
4 during the preceding calendar month or quarter on the
5 following items upon which tax would have been due but for the
6 0% rate imposed under Public Act 102-700 this amendatory Act
7 of the 102nd General Assembly: (i) food for human consumption
8 that is to be consumed off the premises where it is sold (other
9 than alcoholic beverages, food consisting of or infused with
10 adult use cannabis, soft drinks, and food that has been
11 prepared for immediate consumption); and (ii) food prepared
12 for immediate consumption and transferred incident to a sale
13 of service subject to this Act or the Service Occupation Tax
14 Act by an entity licensed under the Hospital Licensing Act,
15 the Nursing Home Care Act, the Assisted Living and Shared
16 Housing Act, the ID/DD Community Care Act, the MC/DD Act, the
17 Specialized Mental Health Rehabilitation Act of 2013, or the
18 Child Care Act of 1969, or an entity that holds a permit issued
19 pursuant to the Life Care Facilities Act. The return shall
20 also include the amount of tax that would have been due on the
21 items listed in the previous sentence but for the 0% rate
22 imposed under Public Act 102-700 this amendatory Act of the
23 102nd General Assembly.
24 In the case of leases, except as otherwise provided in
25 this Act, the lessor, in collecting the tax, may collect for
26 each tax return period, only the tax applicable to that part of
SB2111 Enrolled - 949 - LRB104 09876 LNS 19944 b
1 the selling price actually received during such tax return
2 period.
3 On and after January 1, 2018, with respect to servicemen
4 whose annual gross receipts average $20,000 or more, all
5 returns required to be filed pursuant to this Act shall be
6 filed electronically. Servicemen who demonstrate that they do
7 not have access to the Internet or demonstrate hardship in
8 filing electronically may petition the Department to waive the
9 electronic filing requirement.
10 The Department may require returns to be filed on a
11 quarterly basis. If so required, a return for each calendar
12 quarter shall be filed on or before the twentieth day of the
13 calendar month following the end of such calendar quarter. The
14 taxpayer shall also file a return with the Department for each
15 of the first two months of each calendar quarter, on or before
16 the twentieth day of the following calendar month, stating:
17 1. The name of the seller;
18 2. The address of the principal place of business from
19 which he engages in business as a serviceman in this
20 State;
21 3. The total amount of taxable receipts received by
22 him during the preceding calendar month, including
23 receipts from charge and time sales, but less all
24 deductions allowed by law;
25 4. The amount of credit provided in Section 2d of this
26 Act;
SB2111 Enrolled - 950 - LRB104 09876 LNS 19944 b
1 5. The amount of tax due;
2 5-5. The signature of the taxpayer; and
3 6. Such other reasonable information as the Department
4 may require.
5 Each serviceman required or authorized to collect the tax
6 imposed by this Act on aviation fuel transferred as an
7 incident of a sale of service in this State during the
8 preceding calendar month shall, instead of reporting and
9 paying tax on aviation fuel as otherwise required by this
10 Section, report and pay such tax on a separate aviation fuel
11 tax return. The requirements related to the return shall be as
12 otherwise provided in this Section. Notwithstanding any other
13 provisions of this Act to the contrary, servicemen collecting
14 tax on aviation fuel shall file all aviation fuel tax returns
15 and shall make all aviation fuel tax payments by electronic
16 means in the manner and form required by the Department. For
17 purposes of this Section, "aviation fuel" means jet fuel and
18 aviation gasoline.
19 If a taxpayer fails to sign a return within 30 days after
20 the proper notice and demand for signature by the Department,
21 the return shall be considered valid and any amount shown to be
22 due on the return shall be deemed assessed.
23 Notwithstanding any other provision of this Act to the
24 contrary, servicemen subject to tax on cannabis shall file all
25 cannabis tax returns and shall make all cannabis tax payments
26 by electronic means in the manner and form required by the
SB2111 Enrolled - 951 - LRB104 09876 LNS 19944 b
1 Department.
2 Beginning October 1, 1993, a taxpayer who has an average
3 monthly tax liability of $150,000 or more shall make all
4 payments required by rules of the Department by electronic
5 funds transfer. Beginning October 1, 1994, a taxpayer who has
6 an average monthly tax liability of $100,000 or more shall
7 make all payments required by rules of the Department by
8 electronic funds transfer. Beginning October 1, 1995, a
9 taxpayer who has an average monthly tax liability of $50,000
10 or more shall make all payments required by rules of the
11 Department by electronic funds transfer. Beginning October 1,
12 2000, a taxpayer who has an annual tax liability of $200,000 or
13 more shall make all payments required by rules of the
14 Department by electronic funds transfer. The term "annual tax
15 liability" shall be the sum of the taxpayer's liabilities
16 under this Act, and under all other State and local occupation
17 and use tax laws administered by the Department, for the
18 immediately preceding calendar year. The term "average monthly
19 tax liability" means the sum of the taxpayer's liabilities
20 under this Act, and under all other State and local occupation
21 and use tax laws administered by the Department, for the
22 immediately preceding calendar year divided by 12. Beginning
23 on October 1, 2002, a taxpayer who has a tax liability in the
24 amount set forth in subsection (b) of Section 2505-210 of the
25 Department of Revenue Law shall make all payments required by
26 rules of the Department by electronic funds transfer.
SB2111 Enrolled - 952 - LRB104 09876 LNS 19944 b
1 Before August 1 of each year beginning in 1993, the
2 Department shall notify all taxpayers required to make
3 payments by electronic funds transfer. All taxpayers required
4 to make payments by electronic funds transfer shall make those
5 payments for a minimum of one year beginning on October 1.
6 Any taxpayer not required to make payments by electronic
7 funds transfer may make payments by electronic funds transfer
8 with the permission of the Department.
9 All taxpayers required to make payment by electronic funds
10 transfer and any taxpayers authorized to voluntarily make
11 payments by electronic funds transfer shall make those
12 payments in the manner authorized by the Department.
13 The Department shall adopt such rules as are necessary to
14 effectuate a program of electronic funds transfer and the
15 requirements of this Section.
16 If the serviceman is otherwise required to file a monthly
17 return and if the serviceman's average monthly tax liability
18 to the Department does not exceed $200, the Department may
19 authorize his returns to be filed on a quarter annual basis,
20 with the return for January, February, and March of a given
21 year being due by April 20 of such year; with the return for
22 April, May, and June of a given year being due by July 20 of
23 such year; with the return for July, August, and September of a
24 given year being due by October 20 of such year, and with the
25 return for October, November, and December of a given year
26 being due by January 20 of the following year.
SB2111 Enrolled - 953 - LRB104 09876 LNS 19944 b
1 If the serviceman is otherwise required to file a monthly
2 or quarterly return and if the serviceman's average monthly
3 tax liability to the Department does not exceed $50, the
4 Department may authorize his returns to be filed on an annual
5 basis, with the return for a given year being due by January 20
6 of the following year.
7 Such quarter annual and annual returns, as to form and
8 substance, shall be subject to the same requirements as
9 monthly returns.
10 Notwithstanding any other provision in this Act concerning
11 the time within which a serviceman may file his return, in the
12 case of any serviceman who ceases to engage in a kind of
13 business which makes him responsible for filing returns under
14 this Act, such serviceman shall file a final return under this
15 Act with the Department not more than one 1 month after
16 discontinuing such business.
17 Where a serviceman collects the tax with respect to the
18 selling price of property which he sells and the purchaser
19 thereafter returns such property and the serviceman refunds
20 the selling price thereof to the purchaser, such serviceman
21 shall also refund, to the purchaser, the tax so collected from
22 the purchaser. When filing his return for the period in which
23 he refunds such tax to the purchaser, the serviceman may
24 deduct the amount of the tax so refunded by him to the
25 purchaser from any other Service Use Tax, Service Occupation
26 Tax, retailers' occupation tax, or use tax which such
SB2111 Enrolled - 954 - LRB104 09876 LNS 19944 b
1 serviceman may be required to pay or remit to the Department,
2 as shown by such return, provided that the amount of the tax to
3 be deducted shall previously have been remitted to the
4 Department by such serviceman. If the serviceman shall not
5 previously have remitted the amount of such tax to the
6 Department, he shall be entitled to no deduction hereunder
7 upon refunding such tax to the purchaser.
8 Any serviceman filing a return hereunder shall also
9 include the total tax upon the selling price of tangible
10 personal property purchased for use by him as an incident to a
11 sale of service, and such serviceman shall remit the amount of
12 such tax to the Department when filing such return.
13 If experience indicates such action to be practicable, the
14 Department may prescribe and furnish a combination or joint
15 return which will enable servicemen, who are required to file
16 returns hereunder and also under the Service Occupation Tax
17 Act, to furnish all the return information required by both
18 Acts on the one form.
19 Where the serviceman has more than one business registered
20 with the Department under separate registration hereunder,
21 such serviceman shall not file each return that is due as a
22 single return covering all such registered businesses, but
23 shall file separate returns for each such registered business.
24 Beginning January 1, 1990, each month the Department shall
25 pay into the State and Local Tax Reform Fund, a special fund in
26 the State treasury Treasury, the net revenue realized for the
SB2111 Enrolled - 955 - LRB104 09876 LNS 19944 b
1 preceding month from the 1% tax imposed under this Act.
2 Beginning January 1, 1990, each month the Department shall
3 pay into the State and Local Sales Tax Reform Fund 20% of the
4 net revenue realized for the preceding month from the 6.25%
5 general rate on transfers of tangible personal property, other
6 than (i) tangible personal property which is purchased outside
7 Illinois at retail from a retailer and which is titled or
8 registered by an agency of this State's government and (ii)
9 aviation fuel sold on or after December 1, 2019. This
10 exception for aviation fuel only applies for so long as the
11 revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.
12 47133 are binding on the State.
13 For aviation fuel sold on or after December 1, 2019, each
14 month the Department shall pay into the State Aviation Program
15 Fund 20% of the net revenue realized for the preceding month
16 from the 6.25% general rate on the selling price of aviation
17 fuel, less an amount estimated by the Department to be
18 required for refunds of the 20% portion of the tax on aviation
19 fuel under this Act, which amount shall be deposited into the
20 Aviation Fuel Sales Tax Refund Fund. The Department shall only
21 pay moneys into the State Aviation Program Fund and the
22 Aviation Fuel Sales Tax Refund Fund under this Act for so long
23 as the revenue use requirements of 49 U.S.C. 47107(b) and 49
24 U.S.C. 47133 are binding on the State.
25 Beginning August 1, 2000, each month the Department shall
26 pay into the State and Local Sales Tax Reform Fund 100% of the
SB2111 Enrolled - 956 - LRB104 09876 LNS 19944 b
1 net revenue realized for the preceding month from the 1.25%
2 rate on the selling price of motor fuel and gasohol.
3 Beginning October 1, 2009, each month the Department shall
4 pay into the Capital Projects Fund an amount that is equal to
5 an amount estimated by the Department to represent 80% of the
6 net revenue realized for the preceding month from the sale of
7 candy, grooming and hygiene products, and soft drinks that had
8 been taxed at a rate of 1% prior to September 1, 2009 but that
9 are now taxed at 6.25%.
10 Beginning July 1, 2013, each month the Department shall
11 pay into the Underground Storage Tank Fund from the proceeds
12 collected under this Act, the Use Tax Act, the Service
13 Occupation Tax Act, and the Retailers' Occupation Tax Act an
14 amount equal to the average monthly deficit in the Underground
15 Storage Tank Fund during the prior year, as certified annually
16 by the Illinois Environmental Protection Agency, but the total
17 payment into the Underground Storage Tank Fund under this Act,
18 the Use Tax Act, the Service Occupation Tax Act, and the
19 Retailers' Occupation Tax Act shall not exceed $18,000,000 in
20 any State fiscal year. As used in this paragraph, the "average
21 monthly deficit" shall be equal to the difference between the
22 average monthly claims for payment by the fund and the average
23 monthly revenues deposited into the fund, excluding payments
24 made pursuant to this paragraph.
25 Beginning July 1, 2015, of the remainder of the moneys
26 received by the Department under the Use Tax Act, this Act, the
SB2111 Enrolled - 957 - LRB104 09876 LNS 19944 b
1 Service Occupation Tax Act, and the Retailers' Occupation Tax
2 Act, each month the Department shall deposit $500,000 into the
3 State Crime Laboratory Fund.
4 Of the remainder of the moneys received by the Department
5 pursuant to this Act, (a) 1.75% thereof shall be paid into the
6 Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
7 and after July 1, 1989, 3.8% thereof shall be paid into the
8 Build Illinois Fund; provided, however, that if in any fiscal
9 year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
10 may be, of the moneys received by the Department and required
11 to be paid into the Build Illinois Fund pursuant to Section 3
12 of the Retailers' Occupation Tax Act, Section 9 of the Use Tax
13 Act, Section 9 of the Service Use Tax Act, and Section 9 of the
14 Service Occupation Tax Act, such Acts being hereinafter called
15 the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case
16 may be, of moneys being hereinafter called the "Tax Act
17 Amount", and (2) the amount transferred to the Build Illinois
18 Fund from the State and Local Sales Tax Reform Fund shall be
19 less than the Annual Specified Amount (as defined in Section 3
20 of the Retailers' Occupation Tax Act), an amount equal to the
21 difference shall be immediately paid into the Build Illinois
22 Fund from other moneys received by the Department pursuant to
23 the Tax Acts; and further provided, that if on the last
24 business day of any month the sum of (1) the Tax Act Amount
25 required to be deposited into the Build Illinois Bond Account
26 in the Build Illinois Fund during such month and (2) the amount
SB2111 Enrolled - 958 - LRB104 09876 LNS 19944 b
1 transferred during such month to the Build Illinois Fund from
2 the State and Local Sales Tax Reform Fund shall have been less
3 than 1/12 of the Annual Specified Amount, an amount equal to
4 the difference shall be immediately paid into the Build
5 Illinois Fund from other moneys received by the Department
6 pursuant to the Tax Acts; and, further provided, that in no
7 event shall the payments required under the preceding proviso
8 result in aggregate payments into the Build Illinois Fund
9 pursuant to this clause (b) for any fiscal year in excess of
10 the greater of (i) the Tax Act Amount or (ii) the Annual
11 Specified Amount for such fiscal year; and, further provided,
12 that the amounts payable into the Build Illinois Fund under
13 this clause (b) shall be payable only until such time as the
14 aggregate amount on deposit under each trust indenture
15 securing Bonds issued and outstanding pursuant to the Build
16 Illinois Bond Act is sufficient, taking into account any
17 future investment income, to fully provide, in accordance with
18 such indenture, for the defeasance of or the payment of the
19 principal of, premium, if any, and interest on the Bonds
20 secured by such indenture and on any Bonds expected to be
21 issued thereafter and all fees and costs payable with respect
22 thereto, all as certified by the Director of the Bureau of the
23 Budget (now Governor's Office of Management and Budget). If on
24 the last business day of any month in which Bonds are
25 outstanding pursuant to the Build Illinois Bond Act, the
26 aggregate of the moneys deposited in the Build Illinois Bond
SB2111 Enrolled - 959 - LRB104 09876 LNS 19944 b
1 Account in the Build Illinois Fund in such month shall be less
2 than the amount required to be transferred in such month from
3 the Build Illinois Bond Account to the Build Illinois Bond
4 Retirement and Interest Fund pursuant to Section 13 of the
5 Build Illinois Bond Act, an amount equal to such deficiency
6 shall be immediately paid from other moneys received by the
7 Department pursuant to the Tax Acts to the Build Illinois
8 Fund; provided, however, that any amounts paid to the Build
9 Illinois Fund in any fiscal year pursuant to this sentence
10 shall be deemed to constitute payments pursuant to clause (b)
11 of the preceding sentence and shall reduce the amount
12 otherwise payable for such fiscal year pursuant to clause (b)
13 of the preceding sentence. The moneys received by the
14 Department pursuant to this Act and required to be deposited
15 into the Build Illinois Fund are subject to the pledge, claim
16 and charge set forth in Section 12 of the Build Illinois Bond
17 Act.
18 Subject to payment of amounts into the Build Illinois Fund
19 as provided in the preceding paragraph or in any amendment
20 thereto hereafter enacted, the following specified monthly
21 installment of the amount requested in the certificate of the
22 Chairman of the Metropolitan Pier and Exposition Authority
23 provided under Section 8.25f of the State Finance Act, but not
24 in excess of the sums designated as "Total Deposit", shall be
25 deposited in the aggregate from collections under Section 9 of
26 the Use Tax Act, Section 9 of the Service Use Tax Act, Section
SB2111 Enrolled - 960 - LRB104 09876 LNS 19944 b
1 9 of the Service Occupation Tax Act, and Section 3 of the
2 Retailers' Occupation Tax Act into the McCormick Place
3 Expansion Project Fund in the specified fiscal years.
4 Fiscal Year Total Deposit
$0
5 1993
53,000,000
6 1994 58,000,000
61,000,000
7 1995 64,000,000
68,000,000
8 1996 71,000,000
75,000,000
9 1997 80,000,000
93,000,000
10 1998 99,000,000
103,000,000
11 1999 108,000,000
113,000,000
12 2000 119,000,000
126,000,000
13 2001 132,000,000
139,000,000
14 2002 146,000,000
153,000,000
15 2003 161,000,000
16 2004
17 2005
18 2006
19 2007
20 2008
21 2009
22 2010
23 2011
24 2012
25 2013
SB2111 Enrolled - 961 - LRB104 09876 LNS 19944 b
1 2014 170,000,000
179,000,000
2 2015 189,000,000
199,000,000
3 2016 210,000,000
221,000,000
4 2017 233,000,000
300,000,000
5 2018 300,000,000
300,000,000
6 2019 300,000,000
300,000,000
7 2020 300,000,000
375,000,000
8 2021 375,000,000
375,000,000
9 2022 375,000,000
375,000,000
10 2023 375,000,000
375,000,000
11 2024 375,000,000
375,000,000
12 2025 450,000,000
13 2026
14 2027
15 2028
16 2029
17 2030
18 2031
19 2032
20 2033
21 2034
22 2035
23 2036
24 and
25 each fiscal year
26 thereafter that bonds
SB2111 Enrolled - 962 - LRB104 09876 LNS 19944 b
1 are outstanding under
2 Section 13.2 of the
3 Metropolitan Pier and
4 Exposition Authority Act,
5 but not after fiscal year 2060.
6 Beginning July 20, 1993 and in each month of each fiscal
7 year thereafter, one-eighth of the amount requested in the
8 certificate of the Chairman of the Metropolitan Pier and
9 Exposition Authority for that fiscal year, less the amount
10 deposited into the McCormick Place Expansion Project Fund by
11 the State Treasurer in the respective month under subsection
12 (g) of Section 13 of the Metropolitan Pier and Exposition
13 Authority Act, plus cumulative deficiencies in the deposits
14 required under this Section for previous months and years,
15 shall be deposited into the McCormick Place Expansion Project
16 Fund, until the full amount requested for the fiscal year, but
17 not in excess of the amount specified above as "Total
18 Deposit", has been deposited.
19 Subject to payment of amounts into the Capital Projects
20 Fund, the Clean Air Act Permit Fund, the Build Illinois Fund,
21 and the McCormick Place Expansion Project Fund pursuant to the
22 preceding paragraphs or in any amendments thereto hereafter
23 enacted, for aviation fuel sold on or after December 1, 2019,
24 the Department shall each month deposit into the Aviation Fuel
25 Sales Tax Refund Fund an amount estimated by the Department to
26 be required for refunds of the 80% portion of the tax on
SB2111 Enrolled - 963 - LRB104 09876 LNS 19944 b
1 aviation fuel under this Act. The Department shall only
2 deposit moneys into the Aviation Fuel Sales Tax Refund Fund
3 under this paragraph for so long as the revenue use
4 requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are
5 binding on the State.
6 Subject to payment of amounts into the Build Illinois Fund
7 and the McCormick Place Expansion Project Fund pursuant to the
8 preceding paragraphs or in any amendments thereto hereafter
9 enacted, beginning July 1, 1993 and ending on September 30,
10 2013, the Department shall each month pay into the Illinois
11 Tax Increment Fund 0.27% of 80% of the net revenue realized for
12 the preceding month from the 6.25% general rate on the selling
13 price of tangible personal property.
14 Subject to payment of amounts into the Build Illinois
15 Fund, the McCormick Place Expansion Project Fund, the Illinois
16 Tax Increment Fund, pursuant to the preceding paragraphs or in
17 any amendments to this Section hereafter enacted, beginning on
18 the first day of the first calendar month to occur on or after
19 August 26, 2014 (the effective date of Public Act 98-1098),
20 each month, from the collections made under Section 9 of the
21 Use Tax Act, Section 9 of the Service Use Tax Act, Section 9 of
22 the Service Occupation Tax Act, and Section 3 of the
23 Retailers' Occupation Tax Act, the Department shall pay into
24 the Tax Compliance and Administration Fund, to be used,
25 subject to appropriation, to fund additional auditors and
26 compliance personnel at the Department of Revenue, an amount
SB2111 Enrolled - 964 - LRB104 09876 LNS 19944 b
1 equal to 1/12 of 5% of 80% of the cash receipts collected
2 during the preceding fiscal year by the Audit Bureau of the
3 Department under the Use Tax Act, the Service Use Tax Act, the
4 Service Occupation Tax Act, the Retailers' Occupation Tax Act,
5 and associated local occupation and use taxes administered by
6 the Department.
7 Subject to payments of amounts into the Build Illinois
8 Fund, the McCormick Place Expansion Project Fund, the Illinois
9 Tax Increment Fund, and the Tax Compliance and Administration
10 Fund as provided in this Section, beginning on July 1, 2018 the
11 Department shall pay each month into the Downstate Public
12 Transportation Fund the moneys required to be so paid under
13 Section 2-3 of the Downstate Public Transportation Act.
14 Subject to successful execution and delivery of a
15 public-private agreement between the public agency and private
16 entity and completion of the civic build, beginning on July 1,
17 2023, of the remainder of the moneys received by the
18 Department under the Use Tax Act, the Service Use Tax Act, the
19 Service Occupation Tax Act, and this Act, the Department shall
20 deposit the following specified deposits in the aggregate from
21 collections under the Use Tax Act, the Service Use Tax Act, the
22 Service Occupation Tax Act, and the Retailers' Occupation Tax
23 Act, as required under Section 8.25g of the State Finance Act
24 for distribution consistent with the Public-Private
25 Partnership for Civic and Transit Infrastructure Project Act.
26 The moneys received by the Department pursuant to this Act and
SB2111 Enrolled - 965 - LRB104 09876 LNS 19944 b
1 required to be deposited into the Civic and Transit
2 Infrastructure Fund are subject to the pledge, claim, and
3 charge set forth in Section 25-55 of the Public-Private
4 Partnership for Civic and Transit Infrastructure Project Act.
5 As used in this paragraph, "civic build", "private entity",
6 "public-private agreement", and "public agency" have the
7 meanings provided in Section 25-10 of the Public-Private
8 Partnership for Civic and Transit Infrastructure Project Act.
9 Fiscal Year ............................ Total Deposit
10 2024 .................................... $200,000,000
11 2025 .................................... $206,000,000
12 2026 .................................... $212,200,000
13 2027 .................................... $218,500,000
14 2028 .................................... $225,100,000
15 2029 .................................... $288,700,000
16 2030 .................................... $298,900,000
17 2031 .................................... $309,300,000
18 2032 .................................... $320,100,000
19 2033 .................................... $331,200,000
20 2034 .................................... $341,200,000
21 2035 .................................... $351,400,000
22 2036 .................................... $361,900,000
23 2037 .................................... $372,800,000
24 2038 .................................... $384,000,000
25 2039 .................................... $395,500,000
26 2040 .................................... $407,400,000
SB2111 Enrolled - 966 - LRB104 09876 LNS 19944 b
1 2041 .................................... $419,600,000
2 2042 .................................... $432,200,000
3 2043 .................................... $445,100,000
4 Beginning July 1, 2021 and until July 1, 2022, subject to
5 the payment of amounts into the State and Local Sales Tax
6 Reform Fund, the Build Illinois Fund, the McCormick Place
7 Expansion Project Fund, the Energy Infrastructure Fund, and
8 the Tax Compliance and Administration Fund as provided in this
9 Section, the Department shall pay each month into the Road
10 Fund the amount estimated to represent 16% of the net revenue
11 realized from the taxes imposed on motor fuel and gasohol.
12 Beginning July 1, 2022 and until July 1, 2023, subject to the
13 payment of amounts into the State and Local Sales Tax Reform
14 Fund, the Build Illinois Fund, the McCormick Place Expansion
15 Project Fund, the Illinois Tax Increment Fund, and the Tax
16 Compliance and Administration Fund as provided in this
17 Section, the Department shall pay each month into the Road
18 Fund the amount estimated to represent 32% of the net revenue
19 realized from the taxes imposed on motor fuel and gasohol.
20 Beginning July 1, 2023 and until July 1, 2024, subject to the
21 payment of amounts into the State and Local Sales Tax Reform
22 Fund, the Build Illinois Fund, the McCormick Place Expansion
23 Project Fund, the Illinois Tax Increment Fund, and the Tax
24 Compliance and Administration Fund as provided in this
25 Section, the Department shall pay each month into the Road
26 Fund the amount estimated to represent 48% of the net revenue
SB2111 Enrolled - 967 - LRB104 09876 LNS 19944 b
1 realized from the taxes imposed on motor fuel and gasohol.
2 Beginning July 1, 2024 and until July 1, 2025, subject to the
3 payment of amounts into the State and Local Sales Tax Reform
4 Fund, the Build Illinois Fund, the McCormick Place Expansion
5 Project Fund, the Illinois Tax Increment Fund, and the Tax
6 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 64% of the net revenue
9 realized from the taxes imposed on motor fuel and gasohol.
10 Beginning on July 1, 2025, subject to the payment of amounts
11 into the State and Local Sales Tax Reform Fund, the Build
12 Illinois Fund, the McCormick Place Expansion Project Fund, the
13 Illinois Tax Increment Fund, and the Tax Compliance and
14 Administration Fund as provided in this Section, the
15 Department shall pay each month into the Public Transportation
16 Fund and the Downstate Public Transportation Road Fund the
17 amount estimated to represent 80% of the net revenue realized
18 from the taxes imposed on motor fuel and gasohol. Those moneys
19 shall be apportioned as follows: 85% into the Public
20 Transportation Fund and 15% into the Downstate Public
21 Transportation Fund. As used in this paragraph "motor fuel"
22 has the meaning given to that term in Section 1.1 of the Motor
23 Fuel Tax Law, and "gasohol" has the meaning given to that term
24 in Section 3-40 of the Use Tax Act.
25 Of the remainder of the moneys received by the Department
26 pursuant to this Act, 75% thereof shall be paid into the
SB2111 Enrolled - 968 - LRB104 09876 LNS 19944 b
1 General Revenue Fund of the State treasury Treasury and 25%
2 shall be reserved in a special account and used only for the
3 transfer to the Common School Fund as part of the monthly
4 transfer from the General Revenue Fund in accordance with
5 Section 8a of the State Finance Act.
6 As soon as possible after the first day of each month, upon
7 certification of the Department of Revenue, the Comptroller
8 shall order transferred and the Treasurer shall transfer from
9 the General Revenue Fund to the Motor Fuel Tax Fund an amount
10 equal to 1.7% of 80% of the net revenue realized under this Act
11 for the second preceding month. Beginning April 1, 2000, this
12 transfer is no longer required and shall not be made.
13 Net revenue realized for a month shall be the revenue
14 collected by the State pursuant to this Act, less the amount
15 paid out during that month as refunds to taxpayers for
16 overpayment of liability.
17 (Source: P.A. 102-700, eff. 4-19-22; 103-363, eff. 7-28-23;
18 103-592, Article 75, Section 75-10, eff. 1-1-25; 103-592,
19 Article 110, Section 110-10, eff. 6-7-24; revised 11-26-24.)
20 Section 25-20. The Service Occupation Tax Act is amended
21 by changing Section 9 as follows:
22 (35 ILCS 115/9) (from Ch. 120, par. 439.109)
23 Sec. 9. Each serviceman required or authorized to collect
24 the tax herein imposed shall pay to the Department the amount
SB2111 Enrolled - 969 - LRB104 09876 LNS 19944 b
1 of such tax at the time when he is required to file his return
2 for the period during which such tax was collectible, less a
3 discount of 2.1% prior to January 1, 1990, and 1.75% on and
4 after January 1, 1990, or $5 per calendar year, whichever is
5 greater, which is allowed to reimburse the serviceman for
6 expenses incurred in collecting the tax, keeping records,
7 preparing and filing returns, remitting the tax, and supplying
8 data to the Department on request. On and after January 1,
9 2026, a certified service provider, as defined in the Leveling
10 the Playing Field for Illinois Retail Act, filing the return
11 under this Section on behalf of a serviceman maintaining a
12 place of business in this State shall, at the time of such
13 return, pay to the Department the amount of tax imposed by this
14 Act less a discount of 1.75%, not to exceed $1,000 $1000 per
15 month as provided in this Section. A serviceman maintaining a
16 place of business in this State using a certified service
17 provider to file a return on its behalf, as provided in the
18 Leveling the Playing Field for Illinois Retail Act, is not
19 eligible for the discount. Beginning with returns due on or
20 after January 1, 2025, the vendor's discount allowed in this
21 Section, the Retailers' Occupation Tax Act, the Use Tax Act,
22 and the Service Use Tax Act, including any local tax
23 administered by the Department and reported on the same
24 return, shall not exceed $1,000 per month in the aggregate.
25 When determining the discount allowed under this Section,
26 servicemen shall include the amount of tax that would have
SB2111 Enrolled - 970 - LRB104 09876 LNS 19944 b
1 been due at the 1% rate but for the 0% rate imposed under
2 Public Act 102-700. The discount under this Section is not
3 allowed for the 1.25% portion of taxes paid on aviation fuel
4 that is subject to the revenue use requirements of 49 U.S.C.
5 47107(b) and 49 U.S.C. 47133. The discount allowed under this
6 Section is allowed only for returns that are filed in the
7 manner required by this Act. The Department may disallow the
8 discount for servicemen whose certificate of registration is
9 revoked at the time the return is filed, but only if the
10 Department's decision to revoke the certificate of
11 registration has become final.
12 Where such tangible personal property is sold under a
13 conditional sales contract, or under any other form of sale
14 wherein the payment of the principal sum, or a part thereof, is
15 extended beyond the close of the period for which the return is
16 filed, the serviceman, in collecting the tax may collect, for
17 each tax return period, only the tax applicable to the part of
18 the selling price actually received during such tax return
19 period.
20 Except as provided hereinafter in this Section, on or
21 before the twentieth day of each calendar month, such
22 serviceman shall file a return for the preceding calendar
23 month in accordance with reasonable rules and regulations to
24 be promulgated by the Department of Revenue. Such return shall
25 be filed on a form prescribed by the Department and shall
26 contain such information as the Department may reasonably
SB2111 Enrolled - 971 - LRB104 09876 LNS 19944 b
1 require. The return shall include the gross receipts which
2 were received during the preceding calendar month or quarter
3 on the following items upon which tax would have been due but
4 for the 0% rate imposed under Public Act 102-700: (i) food for
5 human consumption that is to be consumed off the premises
6 where it is sold (other than alcoholic beverages, food
7 consisting of or infused with adult use cannabis, soft drinks,
8 and food that has been prepared for immediate consumption);
9 and (ii) food prepared for immediate consumption and
10 transferred incident to a sale of service subject to this Act
11 or the Service Use Tax Act by an entity licensed under the
12 Hospital Licensing Act, the Nursing Home Care Act, the
13 Assisted Living and Shared Housing Act, the ID/DD Community
14 Care Act, the MC/DD Act, the Specialized Mental Health
15 Rehabilitation Act of 2013, or the Child Care Act of 1969, or
16 an entity that holds a permit issued pursuant to the Life Care
17 Facilities Act. The return shall also include the amount of
18 tax that would have been due on the items listed in the
19 previous sentence but for the 0% rate imposed under Public Act
20 102-700.
21 On and after January 1, 2018, with respect to servicemen
22 whose annual gross receipts average $20,000 or more, all
23 returns required to be filed pursuant to this Act shall be
24 filed electronically. Servicemen who demonstrate that they do
25 not have access to the Internet or demonstrate hardship in
26 filing electronically may petition the Department to waive the
SB2111 Enrolled - 972 - LRB104 09876 LNS 19944 b
1 electronic filing requirement.
2 The Department may require returns to be filed on a
3 quarterly basis. If so required, a return for each calendar
4 quarter shall be filed on or before the twentieth day of the
5 calendar month following the end of such calendar quarter. The
6 taxpayer shall also file a return with the Department for each
7 of the first 2 two months of each calendar quarter, on or
8 before the twentieth day of the following calendar month,
9 stating:
10 1. The name of the seller;
11 2. The address of the principal place of business from
12 which he engages in business as a serviceman in this
13 State;
14 3. The total amount of taxable receipts received by
15 him during the preceding calendar month, including
16 receipts from charge and time sales, but less all
17 deductions allowed by law;
18 4. The amount of credit provided in Section 2d of this
19 Act;
20 5. The amount of tax due;
21 5-5. The signature of the taxpayer; and
22 6. Such other reasonable information as the Department
23 may require.
24 Each serviceman required or authorized to collect the tax
25 herein imposed on aviation fuel acquired as an incident to the
26 purchase of a service in this State during the preceding
SB2111 Enrolled - 973 - LRB104 09876 LNS 19944 b
1 calendar month shall, instead of reporting and paying tax as
2 otherwise required by this Section, report and pay such tax on
3 a separate aviation fuel tax return. The requirements related
4 to the return shall be as otherwise provided in this Section.
5 Notwithstanding any other provisions of this Act to the
6 contrary, servicemen transferring aviation fuel incident to
7 sales of service shall file all aviation fuel tax returns and
8 shall make all aviation fuel tax payments by electronic means
9 in the manner and form required by the Department. For
10 purposes of this Section, "aviation fuel" means jet fuel and
11 aviation gasoline.
12 If a taxpayer fails to sign a return within 30 days after
13 the proper notice and demand for signature by the Department,
14 the return shall be considered valid and any amount shown to be
15 due on the return shall be deemed assessed.
16 Notwithstanding any other provision of this Act to the
17 contrary, servicemen subject to tax on cannabis shall file all
18 cannabis tax returns and shall make all cannabis tax payments
19 by electronic means in the manner and form required by the
20 Department.
21 Prior to October 1, 2003, and on and after September 1,
22 2004 a serviceman may accept a Manufacturer's Purchase Credit
23 certification from a purchaser in satisfaction of Service Use
24 Tax as provided in Section 3-70 of the Service Use Tax Act if
25 the purchaser provides the appropriate documentation as
26 required by Section 3-70 of the Service Use Tax Act. A
SB2111 Enrolled - 974 - LRB104 09876 LNS 19944 b
1 Manufacturer's Purchase Credit certification, accepted prior
2 to October 1, 2003 or on or after September 1, 2004 by a
3 serviceman as provided in Section 3-70 of the Service Use Tax
4 Act, may be used by that serviceman to satisfy Service
5 Occupation Tax liability in the amount claimed in the
6 certification, not to exceed 6.25% of the receipts subject to
7 tax from a qualifying purchase. A Manufacturer's Purchase
8 Credit reported on any original or amended return filed under
9 this Act after October 20, 2003 for reporting periods prior to
10 September 1, 2004 shall be disallowed. Manufacturer's Purchase
11 Credit reported on annual returns due on or after January 1,
12 2005 will be disallowed for periods prior to September 1,
13 2004. No Manufacturer's Purchase Credit may be used after
14 September 30, 2003 through August 31, 2004 to satisfy any tax
15 liability imposed under this Act, including any audit
16 liability.
17 Beginning on July 1, 2023 and through December 31, 2032, a
18 serviceman may accept a Sustainable Aviation Fuel Purchase
19 Credit certification from an air common carrier-purchaser in
20 satisfaction of Service Use Tax as provided in Section 3-72 of
21 the Service Use Tax Act if the purchaser provides the
22 appropriate documentation as required by Section 3-72 of the
23 Service Use Tax Act. A Sustainable Aviation Fuel Purchase
24 Credit certification accepted by a serviceman in accordance
25 with this paragraph may be used by that serviceman to satisfy
26 service occupation tax liability (but not in satisfaction of
SB2111 Enrolled - 975 - LRB104 09876 LNS 19944 b
1 penalty or interest) in the amount claimed in the
2 certification, not to exceed 6.25% of the receipts subject to
3 tax from a sale of aviation fuel. In addition, for a sale of
4 aviation fuel to qualify to earn the Sustainable Aviation Fuel
5 Purchase Credit, servicemen must retain in their books and
6 records a certification from the producer of the aviation fuel
7 that the aviation fuel sold by the serviceman and for which a
8 sustainable aviation fuel purchase credit was earned meets the
9 definition of sustainable aviation fuel under Section 3-72 of
10 the Service Use Tax Act. The documentation must include detail
11 sufficient for the Department to determine the number of
12 gallons of sustainable aviation fuel sold.
13 If the serviceman's average monthly tax liability to the
14 Department does not exceed $200, the Department may authorize
15 his returns to be filed on a quarter annual basis, with the
16 return for January, February, and March of a given year being
17 due by April 20 of such year; with the return for April, May,
18 and June of a given year being due by July 20 of such year;
19 with the return for July, August, and September of a given year
20 being due by October 20 of such year, and with the return for
21 October, November, and December of a given year being due by
22 January 20 of the following year.
23 If the serviceman's average monthly tax liability to the
24 Department does not exceed $50, the Department may authorize
25 his returns to be filed on an annual basis, with the return for
26 a given year being due by January 20 of the following year.
SB2111 Enrolled - 976 - LRB104 09876 LNS 19944 b
1 Such quarter annual and annual returns, as to form and
2 substance, shall be subject to the same requirements as
3 monthly returns.
4 Notwithstanding any other provision in this Act concerning
5 the time within which a serviceman may file his return, in the
6 case of any serviceman who ceases to engage in a kind of
7 business which makes him responsible for filing returns under
8 this Act, such serviceman shall file a final return under this
9 Act with the Department not more than one month after
10 discontinuing such business.
11 Beginning October 1, 1993, a taxpayer who has an average
12 monthly tax liability of $150,000 or more shall make all
13 payments required by rules of the Department by electronic
14 funds transfer. Beginning October 1, 1994, a taxpayer who has
15 an average monthly tax liability of $100,000 or more shall
16 make all payments required by rules of the Department by
17 electronic funds transfer. Beginning October 1, 1995, a
18 taxpayer who has an average monthly tax liability of $50,000
19 or more shall make all payments required by rules of the
20 Department by electronic funds transfer. Beginning October 1,
21 2000, a taxpayer who has an annual tax liability of $200,000 or
22 more shall make all payments required by rules of the
23 Department by electronic funds transfer. The term "annual tax
24 liability" shall be the sum of the taxpayer's liabilities
25 under this Act, and under all other State and local occupation
26 and use tax laws administered by the Department, for the
SB2111 Enrolled - 977 - LRB104 09876 LNS 19944 b
1 immediately preceding calendar year. The term "average monthly
2 tax liability" means the sum of the taxpayer's liabilities
3 under this Act, and under all other State and local occupation
4 and use tax laws administered by the Department, for the
5 immediately preceding calendar year divided by 12. Beginning
6 on October 1, 2002, a taxpayer who has a tax liability in the
7 amount set forth in subsection (b) of Section 2505-210 of the
8 Department of Revenue Law shall make all payments required by
9 rules of the Department by electronic funds transfer.
10 Before August 1 of each year beginning in 1993, the
11 Department shall notify all taxpayers required to make
12 payments by electronic funds transfer. All taxpayers required
13 to make payments by electronic funds transfer shall make those
14 payments for a minimum of one year beginning on October 1.
15 Any taxpayer not required to make payments by electronic
16 funds transfer may make payments by electronic funds transfer
17 with the permission of the Department.
18 All taxpayers required to make payment by electronic funds
19 transfer and any taxpayers authorized to voluntarily make
20 payments by electronic funds transfer shall make those
21 payments in the manner authorized by the Department.
22 The Department shall adopt such rules as are necessary to
23 effectuate a program of electronic funds transfer and the
24 requirements of this Section.
25 Where a serviceman collects the tax with respect to the
26 selling price of tangible personal property which he sells and
SB2111 Enrolled - 978 - LRB104 09876 LNS 19944 b
1 the purchaser thereafter returns such tangible personal
2 property and the serviceman refunds the selling price thereof
3 to the purchaser, such serviceman shall also refund, to the
4 purchaser, the tax so collected from the purchaser. When
5 filing his return for the period in which he refunds such tax
6 to the purchaser, the serviceman may deduct the amount of the
7 tax so refunded by him to the purchaser from any other Service
8 Occupation Tax, Service Use Tax, Retailers' Occupation Tax, or
9 Use Tax which such serviceman may be required to pay or remit
10 to the Department, as shown by such return, provided that the
11 amount of the tax to be deducted shall previously have been
12 remitted to the Department by such serviceman. If the
13 serviceman shall not previously have remitted the amount of
14 such tax to the Department, he shall be entitled to no
15 deduction hereunder upon refunding such tax to the purchaser.
16 If experience indicates such action to be practicable, the
17 Department may prescribe and furnish a combination or joint
18 return which will enable servicemen, who are required to file
19 returns hereunder and also under the Retailers' Occupation Tax
20 Act, the Use Tax Act, or the Service Use Tax Act, to furnish
21 all the return information required by all said Acts on the one
22 form.
23 Where the serviceman has more than one business registered
24 with the Department under separate registrations hereunder,
25 such serviceman shall file separate returns for each
26 registered business.
SB2111 Enrolled - 979 - LRB104 09876 LNS 19944 b
1 The net revenue realized at the 15% rate under either
2 Section 4 or Section 5 of the Retailers' Occupation Tax Act, as
3 incorporated into this Act by Section 12, shall be deposited
4 as follows: (i) notwithstanding the provisions of this Section
5 to the contrary, the net revenue realized from the portion of
6 the rate in excess of 5% shall be deposited into the State and
7 Local Sales Tax Reform Fund; and (ii) the net revenue realized
8 from the 5% portion of the rate shall be deposited as provided
9 in this Section for the 5% portion of the 6.25% general rate
10 imposed under this Act.
11 Beginning January 1, 1990, each month the Department shall
12 pay into the Local Government Tax Fund the revenue realized
13 for the preceding month from the 1% tax imposed under this Act.
14 Beginning January 1, 1990, each month the Department shall
15 pay into the County and Mass Transit District Fund 4% of the
16 revenue realized for the preceding month from the 6.25%
17 general rate on sales of tangible personal property other than
18 aviation fuel sold on or after December 1, 2019. This
19 exception for aviation fuel only applies for so long as the
20 revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.
21 47133 are binding on the State.
22 Beginning August 1, 2000, each month the Department shall
23 pay into the County and Mass Transit District Fund 20% of the
24 net revenue realized for the preceding month from the 1.25%
25 rate on the selling price of motor fuel and gasohol.
26 Beginning January 1, 1990, each month the Department shall
SB2111 Enrolled - 980 - LRB104 09876 LNS 19944 b
1 pay into the Local Government Tax Fund 16% of the revenue
2 realized for the preceding month from the 6.25% general rate
3 on transfers of tangible personal property other than aviation
4 fuel sold on or after December 1, 2019. This exception for
5 aviation fuel only applies for so long as the revenue use
6 requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are
7 binding on the State.
8 For aviation fuel sold on or after December 1, 2019, each
9 month the Department shall pay into the State Aviation Program
10 Fund 20% of the net revenue realized for the preceding month
11 from the 6.25% general rate on the selling price of aviation
12 fuel, less an amount estimated by the Department to be
13 required for refunds of the 20% portion of the tax on aviation
14 fuel under this Act, which amount shall be deposited into the
15 Aviation Fuel Sales Tax Refund Fund. The Department shall only
16 pay moneys into the State Aviation Program Fund and the
17 Aviation Fuel Sales Tax Refund Fund under this Act for so long
18 as the revenue use requirements of 49 U.S.C. 47107(b) and 49
19 U.S.C. 47133 are binding on the State.
20 Beginning August 1, 2000, each month the Department shall
21 pay into the Local Government Tax Fund 80% of the net revenue
22 realized for the preceding month from the 1.25% rate on the
23 selling price of motor fuel and gasohol.
24 Beginning October 1, 2009, each month the Department shall
25 pay into the Capital Projects Fund an amount that is equal to
26 an amount estimated by the Department to represent 80% of the
SB2111 Enrolled - 981 - LRB104 09876 LNS 19944 b
1 net revenue realized for the preceding month from the sale of
2 candy, grooming and hygiene products, and soft drinks that had
3 been taxed at a rate of 1% prior to September 1, 2009 but that
4 are now taxed at 6.25%.
5 Beginning July 1, 2013, each month the Department shall
6 pay into the Underground Storage Tank Fund from the proceeds
7 collected under this Act, the Use Tax Act, the Service Use Tax
8 Act, and the Retailers' Occupation Tax Act an amount equal to
9 the average monthly deficit in the Underground Storage Tank
10 Fund during the prior year, as certified annually by the
11 Illinois Environmental Protection Agency, but the total
12 payment into the Underground Storage Tank Fund under this Act,
13 the Use Tax Act, the Service Use Tax Act, and the Retailers'
14 Occupation Tax Act shall not exceed $18,000,000 in any State
15 fiscal year. As used in this paragraph, the "average monthly
16 deficit" shall be equal to the difference between the average
17 monthly claims for payment by the fund and the average monthly
18 revenues deposited into the fund, excluding payments made
19 pursuant to this paragraph.
20 Beginning July 1, 2015, of the remainder of the moneys
21 received by the Department under the Use Tax Act, the Service
22 Use Tax Act, this Act, and the Retailers' Occupation Tax Act,
23 each month the Department shall deposit $500,000 into the
24 State Crime Laboratory Fund.
25 Of the remainder of the moneys received by the Department
26 pursuant to this Act, (a) 1.75% thereof shall be paid into the
SB2111 Enrolled - 982 - LRB104 09876 LNS 19944 b
1 Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
2 and after July 1, 1989, 3.8% thereof shall be paid into the
3 Build Illinois Fund; provided, however, that if in any fiscal
4 year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
5 may be, of the moneys received by the Department and required
6 to be paid into the Build Illinois Fund pursuant to Section 3
7 of the Retailers' Occupation Tax Act, Section 9 of the Use Tax
8 Act, Section 9 of the Service Use Tax Act, and Section 9 of the
9 Service Occupation Tax Act, such Acts being hereinafter called
10 the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case
11 may be, of moneys being hereinafter called the "Tax Act
12 Amount", and (2) the amount transferred to the Build Illinois
13 Fund from the State and Local Sales Tax Reform Fund shall be
14 less than the Annual Specified Amount (as defined in Section 3
15 of the Retailers' Occupation Tax Act), an amount equal to the
16 difference shall be immediately paid into the Build Illinois
17 Fund from other moneys received by the Department pursuant to
18 the Tax Acts; and further provided, that if on the last
19 business day of any month the sum of (1) the Tax Act Amount
20 required to be deposited into the Build Illinois Account in
21 the Build Illinois Fund during such month and (2) the amount
22 transferred during such month to the Build Illinois Fund from
23 the State and Local Sales Tax Reform Fund shall have been less
24 than 1/12 of the Annual Specified Amount, an amount equal to
25 the difference shall be immediately paid into the Build
26 Illinois Fund from other moneys received by the Department
SB2111 Enrolled - 983 - LRB104 09876 LNS 19944 b
1 pursuant to the Tax Acts; and, further provided, that in no
2 event shall the payments required under the preceding proviso
3 result in aggregate payments into the Build Illinois Fund
4 pursuant to this clause (b) for any fiscal year in excess of
5 the greater of (i) the Tax Act Amount or (ii) the Annual
6 Specified Amount for such fiscal year; and, further provided,
7 that the amounts payable into the Build Illinois Fund under
8 this clause (b) shall be payable only until such time as the
9 aggregate amount on deposit under each trust indenture
10 securing Bonds issued and outstanding pursuant to the Build
11 Illinois Bond Act is sufficient, taking into account any
12 future investment income, to fully provide, in accordance with
13 such indenture, for the defeasance of or the payment of the
14 principal of, premium, if any, and interest on the Bonds
15 secured by such indenture and on any Bonds expected to be
16 issued thereafter and all fees and costs payable with respect
17 thereto, all as certified by the Director of the Bureau of the
18 Budget (now Governor's Office of Management and Budget). If on
19 the last business day of any month in which Bonds are
20 outstanding pursuant to the Build Illinois Bond Act, the
21 aggregate of the moneys deposited into in the Build Illinois
22 Bond Account in the Build Illinois Fund in such month shall be
23 less than the amount required to be transferred in such month
24 from the Build Illinois Bond Account to the Build Illinois
25 Bond Retirement and Interest Fund pursuant to Section 13 of
26 the Build Illinois Bond Act, an amount equal to such
SB2111 Enrolled - 984 - LRB104 09876 LNS 19944 b
1 deficiency shall be immediately paid from other moneys
2 received by the Department pursuant to the Tax Acts to the
3 Build Illinois Fund; provided, however, that any amounts paid
4 to the Build Illinois Fund in any fiscal year pursuant to this
5 sentence shall be deemed to constitute payments pursuant to
6 clause (b) of the preceding sentence and shall reduce the
7 amount otherwise payable for such fiscal year pursuant to
8 clause (b) of the preceding sentence. The moneys received by
9 the Department pursuant to this Act and required to be
10 deposited into the Build Illinois Fund are subject to the
11 pledge, claim and charge set forth in Section 12 of the Build
12 Illinois Bond Act.
13 Subject to payment of amounts into the Build Illinois Fund
14 as provided in the preceding paragraph or in any amendment
15 thereto hereafter enacted, the following specified monthly
16 installment of the amount requested in the certificate of the
17 Chairman of the Metropolitan Pier and Exposition Authority
18 provided under Section 8.25f of the State Finance Act, but not
19 in excess of the sums designated as "Total Deposit", shall be
20 deposited in the aggregate from collections under Section 9 of
21 the Use Tax Act, Section 9 of the Service Use Tax Act, Section
22 9 of the Service Occupation Tax Act, and Section 3 of the
23 Retailers' Occupation Tax Act into the McCormick Place
24 Expansion Project Fund in the specified fiscal years.
25 Fiscal Year Total Deposit
SB2111 Enrolled - 985 - LRB104 09876 LNS 19944 b
1 1993 $0
53,000,000
2 1994 58,000,000
61,000,000
3 1995 64,000,000
68,000,000
4 1996 71,000,000
75,000,000
5 1997 80,000,000
93,000,000
6 1998 99,000,000
103,000,000
7 1999 108,000,000
113,000,000
8 2000 119,000,000
126,000,000
9 2001 132,000,000
139,000,000
10 2002 146,000,000
153,000,000
11 2003 161,000,000
170,000,000
12 2004 179,000,000
189,000,000
13 2005 199,000,000
210,000,000
14 2006
15 2007
16 2008
17 2009
18 2010
19 2011
20 2012
21 2013
22 2014
23 2015
24 2016
25 2017
26 2018
SB2111 Enrolled - 986 - LRB104 09876 LNS 19944 b
1 2019 221,000,000
233,000,000
2 2020 300,000,000
300,000,000
3 2021 300,000,000
300,000,000
4 2022 300,000,000
300,000,000
5 2023 375,000,000
375,000,000
6 2024 375,000,000
375,000,000
7 2025 375,000,000
375,000,000
8 2026 375,000,000
375,000,000
9 2027 375,000,000
450,000,000
10 2028
11 2029
12 2030
13 2031
14 2032
15 2033
16 2034
17 2035
18 2036
19 and
20 each fiscal year
21 thereafter that bonds
22 are outstanding under
23 Section 13.2 of the
24 Metropolitan Pier and
25 Exposition Authority Act,
26 but not after fiscal year 2060.
SB2111 Enrolled - 987 - LRB104 09876 LNS 19944 b
1 Beginning July 20, 1993 and in each month of each fiscal
2 year thereafter, one-eighth of the amount requested in the
3 certificate of the Chairman of the Metropolitan Pier and
4 Exposition Authority for that fiscal year, less the amount
5 deposited into the McCormick Place Expansion Project Fund by
6 the State Treasurer in the respective month under subsection
7 (g) of Section 13 of the Metropolitan Pier and Exposition
8 Authority Act, plus cumulative deficiencies in the deposits
9 required under this Section for previous months and years,
10 shall be deposited into the McCormick Place Expansion Project
11 Fund, until the full amount requested for the fiscal year, but
12 not in excess of the amount specified above as "Total
13 Deposit", has been deposited.
14 Subject to payment of amounts into the Capital Projects
15 Fund, the Build Illinois Fund, and the McCormick Place
16 Expansion Project Fund pursuant to the preceding paragraphs or
17 in any amendments thereto hereafter enacted, for aviation fuel
18 sold on or after December 1, 2019, the Department shall each
19 month deposit into the Aviation Fuel Sales Tax Refund Fund an
20 amount estimated by the Department to be required for refunds
21 of the 80% portion of the tax on aviation fuel under this Act.
22 The Department shall only deposit moneys into the Aviation
23 Fuel Sales Tax Refund Fund under this paragraph for so long as
24 the revenue use requirements of 49 U.S.C. 47107(b) and 49
25 U.S.C. 47133 are binding on the State.
26 Subject to payment of amounts into the Build Illinois Fund
SB2111 Enrolled - 988 - LRB104 09876 LNS 19944 b
1 and the McCormick Place Expansion Project Fund pursuant to the
2 preceding paragraphs or in any amendments thereto hereafter
3 enacted, beginning July 1, 1993 and ending on September 30,
4 2013, the Department shall each month pay into the Illinois
5 Tax Increment Fund 0.27% of 80% of the net revenue realized for
6 the preceding month from the 6.25% general rate on the selling
7 price of tangible personal property.
8 Subject to payment of amounts into the Build Illinois
9 Fund, the McCormick Place Expansion Project Fund, and the
10 Illinois Tax Increment Fund pursuant to the preceding
11 paragraphs or in any amendments to this Section hereafter
12 enacted, beginning on the first day of the first calendar
13 month to occur on or after August 26, 2014 (the effective date
14 of Public Act 98-1098), each month, from the collections made
15 under Section 9 of the Use Tax Act, Section 9 of the Service
16 Use Tax Act, Section 9 of the Service Occupation Tax Act, and
17 Section 3 of the Retailers' Occupation Tax Act, the Department
18 shall pay into the Tax Compliance and Administration Fund, to
19 be used, subject to appropriation, to fund additional auditors
20 and compliance personnel at the Department of Revenue, an
21 amount equal to 1/12 of 5% of 80% of the cash receipts
22 collected during the preceding fiscal year by the Audit Bureau
23 of the Department under the Use Tax Act, the Service Use Tax
24 Act, the Service Occupation Tax Act, the Retailers' Occupation
25 Tax Act, and associated local occupation and use taxes
26 administered by the Department.
SB2111 Enrolled - 989 - LRB104 09876 LNS 19944 b
1 Subject to payments of amounts into the Build Illinois
2 Fund, the McCormick Place Expansion Project Fund, the Illinois
3 Tax Increment Fund, and the Tax Compliance and Administration
4 Fund as provided in this Section, beginning on July 1, 2018 the
5 Department shall pay each month into the Downstate Public
6 Transportation Fund the moneys required to be so paid under
7 Section 2-3 of the Downstate Public Transportation Act.
8 Subject to successful execution and delivery of a
9 public-private agreement between the public agency and private
10 entity and completion of the civic build, beginning on July 1,
11 2023, of the remainder of the moneys received by the
12 Department under the Use Tax Act, the Service Use Tax Act, the
13 Service Occupation Tax Act, and this Act, the Department shall
14 deposit the following specified deposits in the aggregate from
15 collections under the Use Tax Act, the Service Use Tax Act, the
16 Service Occupation Tax Act, and the Retailers' Occupation Tax
17 Act, as required under Section 8.25g of the State Finance Act
18 for distribution consistent with the Public-Private
19 Partnership for Civic and Transit Infrastructure Project Act.
20 The moneys received by the Department pursuant to this Act and
21 required to be deposited into the Civic and Transit
22 Infrastructure Fund are subject to the pledge, claim and
23 charge set forth in Section 25-55 of the Public-Private
24 Partnership for Civic and Transit Infrastructure Project Act.
25 As used in this paragraph, "civic build", "private entity",
26 "public-private agreement", and "public agency" have the
SB2111 Enrolled - 990 - LRB104 09876 LNS 19944 b
1 meanings provided in Section 25-10 of the Public-Private
2 Partnership for Civic and Transit Infrastructure Project Act.
3 Fiscal Year ............................ Total Deposit
4 2024 .................................... $200,000,000
5 2025 .................................... $206,000,000
6 2026 .................................... $212,200,000
7 2027 .................................... $218,500,000
8 2028 .................................... $225,100,000
9 2029 .................................... $288,700,000
10 2030 .................................... $298,900,000
11 2031 .................................... $309,300,000
12 2032 .................................... $320,100,000
13 2033 .................................... $331,200,000
14 2034 .................................... $341,200,000
15 2035 .................................... $351,400,000
16 2036 .................................... $361,900,000
17 2037 .................................... $372,800,000
18 2038 .................................... $384,000,000
19 2039 .................................... $395,500,000
20 2040 .................................... $407,400,000
21 2041 .................................... $419,600,000
22 2042 .................................... $432,200,000
23 2043 .................................... $445,100,000
24 Beginning July 1, 2021 and until July 1, 2022, subject to
25 the payment of amounts into the County and Mass Transit
26 District Fund, the Local Government Tax Fund, the Build
SB2111 Enrolled - 991 - LRB104 09876 LNS 19944 b
1 Illinois Fund, the McCormick Place Expansion Project Fund, the
2 Illinois Tax Increment Fund, and the Tax Compliance and
3 Administration Fund as provided in this Section, the
4 Department shall pay each month into the Road Fund the amount
5 estimated to represent 16% of the net revenue realized from
6 the taxes imposed on motor fuel and gasohol. Beginning July 1,
7 2022 and until July 1, 2023, subject to the payment of amounts
8 into the County and Mass Transit District Fund, the Local
9 Government Tax Fund, the Build Illinois Fund, the McCormick
10 Place Expansion Project Fund, the Illinois Tax Increment Fund,
11 and the Tax Compliance and Administration Fund as provided in
12 this Section, the Department shall pay each month into the
13 Road Fund the amount estimated to represent 32% of the net
14 revenue realized from the taxes imposed on motor fuel and
15 gasohol. Beginning July 1, 2023 and until July 1, 2024,
16 subject to the payment of amounts into the County and Mass
17 Transit District Fund, the Local Government Tax Fund, the
18 Build Illinois Fund, the McCormick Place Expansion Project
19 Fund, the Illinois Tax Increment Fund, and the Tax Compliance
20 and Administration Fund as provided in this Section, the
21 Department shall pay each month into the Road Fund the amount
22 estimated to represent 48% of the net revenue realized from
23 the taxes imposed on motor fuel and gasohol. Beginning July 1,
24 2024 and until July 1, 2026, subject to the payment of amounts
25 into the County and Mass Transit District Fund, the Local
26 Government Tax Fund, the Build Illinois Fund, the McCormick
SB2111 Enrolled - 992 - LRB104 09876 LNS 19944 b
1 Place Expansion Project Fund, the Illinois Tax Increment Fund,
2 and the Tax Compliance and Administration Fund as provided in
3 this Section, the Department shall pay each month into the
4 Road Fund the amount estimated to represent 64% of the net
5 revenue realized from the taxes imposed on motor fuel and
6 gasohol. Beginning on July 1, 2026, subject to the payment of
7 amounts into the County and Mass Transit District Fund, the
8 Local Government Tax Fund, the Build Illinois Fund, the
9 McCormick Place Expansion Project Fund, the Illinois Tax
10 Increment Fund, and the Tax Compliance and Administration Fund
11 as provided in this Section, the Department shall pay each
12 month into the Public Transportation Fund and the Downstate
13 Public Transportation Road Fund the amount estimated to
14 represent 80% of the net revenue realized from the taxes
15 imposed on motor fuel and gasohol. Those moneys shall be
16 apportioned as follows: 85% into the Public Transportation
17 Fund and 15% into the Downstate Public Transportation Fund. As
18 used in this paragraph "motor fuel" has the meaning given to
19 that term in Section 1.1 of the Motor Fuel Tax Law, and
20 "gasohol" has the meaning given to that term in Section 3-40 of
21 the Use Tax Act.
22 Until July 1, 2025, of the remainder of the moneys
23 received by the Department pursuant to this Act, 75% shall be
24 paid into the General Revenue Fund of the State treasury and
25 25% shall be reserved in a special account and used only for
26 the transfer to the Common School Fund as part of the monthly
SB2111 Enrolled - 993 - LRB104 09876 LNS 19944 b
1 transfer from the General Revenue Fund in accordance with
2 Section 8a of the State Finance Act. Beginning July 1, 2025, of
3 the remainder of the moneys received by the Department
4 pursuant to this Act, 75% shall be deposited into the General
5 Revenue Fund and 25% shall be deposited into the Common School
6 Fund.
7 The Department may, upon separate written notice to a
8 taxpayer, require the taxpayer to prepare and file with the
9 Department on a form prescribed by the Department within not
10 less than 60 days after receipt of the notice an annual
11 information return for the tax year specified in the notice.
12 Such annual return to the Department shall include a statement
13 of gross receipts as shown by the taxpayer's last federal
14 income tax return. If the total receipts of the business as
15 reported in the federal income tax return do not agree with the
16 gross receipts reported to the Department of Revenue for the
17 same period, the taxpayer shall attach to his annual return a
18 schedule showing a reconciliation of the 2 amounts and the
19 reasons for the difference. The taxpayer's annual return to
20 the Department shall also disclose the cost of goods sold by
21 the taxpayer during the year covered by such return, opening
22 and closing inventories of such goods for such year, cost of
23 goods used from stock or taken from stock and given away by the
24 taxpayer during such year, payroll pay roll information of the
25 taxpayer's business during such year and any additional
26 reasonable information which the Department deems would be
SB2111 Enrolled - 994 - LRB104 09876 LNS 19944 b
1 helpful in determining the accuracy of the monthly, quarterly
2 or annual returns filed by such taxpayer as hereinbefore
3 provided for in this Section.
4 If the annual information return required by this Section
5 is not filed when and as required, the taxpayer shall be liable
6 as follows:
7 (i) Until January 1, 1994, the taxpayer shall be
8 liable for a penalty equal to 1/6 of 1% of the tax due from
9 such taxpayer under this Act during the period to be
10 covered by the annual return for each month or fraction of
11 a month until such return is filed as required, the
12 penalty to be assessed and collected in the same manner as
13 any other penalty provided for in this Act.
14 (ii) On and after January 1, 1994, the taxpayer shall
15 be liable for a penalty as described in Section 3-4 of the
16 Uniform Penalty and Interest Act.
17 The chief executive officer, proprietor, owner, or highest
18 ranking manager shall sign the annual return to certify the
19 accuracy of the information contained therein. Any person who
20 willfully signs the annual return containing false or
21 inaccurate information shall be guilty of perjury and punished
22 accordingly. The annual return form prescribed by the
23 Department shall include a warning that the person signing the
24 return may be liable for perjury.
25 The foregoing portion of this Section concerning the
26 filing of an annual information return shall not apply to a
SB2111 Enrolled - 995 - LRB104 09876 LNS 19944 b
1 serviceman who is not required to file an income tax return
2 with the United States Government.
3 As soon as possible after the first day of each month, upon
4 certification of the Department of Revenue, the Comptroller
5 shall order transferred and the Treasurer shall transfer from
6 the General Revenue Fund to the Motor Fuel Tax Fund an amount
7 equal to 1.7% of 80% of the net revenue realized under this Act
8 for the second preceding month. Beginning April 1, 2000, this
9 transfer is no longer required and shall not be made.
10 Net revenue realized for a month shall be the revenue
11 collected by the State pursuant to this Act, less the amount
12 paid out during that month as refunds to taxpayers for
13 overpayment of liability.
14 For greater simplicity of administration, it shall be
15 permissible for manufacturers, importers and wholesalers whose
16 products are sold by numerous servicemen in Illinois, and who
17 wish to do so, to assume the responsibility for accounting and
18 paying to the Department all tax accruing under this Act with
19 respect to such sales, if the servicemen who are affected do
20 not make written objection to the Department to this
21 arrangement.
22 (Source: P.A. 103-9, eff. 6-7-23; 103-363, eff. 7-28-23;
23 103-592, eff. 6-7-24; 103-605, eff. 7-1-24; 104-6, Article 5,
24 Section 5-20, eff. 6-16-25; 104-6, Article 25, Section 25-15,
25 eff. 6-16-25; 104-6, Article 35, Section 35-30, eff. 6-16-25;
26 revised 7-21-25.)
SB2111 Enrolled - 996 - LRB104 09876 LNS 19944 b
1 Section 25-25. The Retailers' Occupation Tax Act is
2 amended by changing Section 3 as follows:
3 (35 ILCS 120/3)
4 Sec. 3. Except as provided in this Section, on or before
5 the twentieth day of each calendar month, every person engaged
6 in the business of selling, which, on and after January 1,
7 2025, includes leasing, tangible personal property at retail
8 in this State during the preceding calendar month shall file a
9 return with the Department, stating:
10 1. The name of the seller;
11 2. His residence address and the address of his
12 principal place of business and the address of the
13 principal place of business (if that is a different
14 address) from which he engages in the business of selling
15 tangible personal property at retail in this State;
16 3. Total amount of receipts received by him during the
17 preceding calendar month or quarter, as the case may be,
18 from sales of tangible personal property, and from
19 services furnished, by him during such preceding calendar
20 month or quarter;
21 4. Total amount received by him during the preceding
22 calendar month or quarter on charge and time sales of
23 tangible personal property, and from services furnished,
24 by him prior to the month or quarter for which the return
SB2111 Enrolled - 997 - LRB104 09876 LNS 19944 b
1 is filed;
2 5. Deductions allowed by law;
3 6. Gross receipts which were received by him during
4 the preceding calendar month or quarter and upon the basis
5 of which the tax is imposed, including gross receipts on
6 food for human consumption that is to be consumed off the
7 premises where it is sold (other than alcoholic beverages,
8 food consisting of or infused with adult use cannabis,
9 soft drinks, and food that has been prepared for immediate
10 consumption) which were received during the preceding
11 calendar month or quarter and upon which tax would have
12 been due but for the 0% rate imposed under Public Act
13 102-700;
14 7. The amount of credit provided in Section 2d of this
15 Act;
16 8. The amount of tax due, including the amount of tax
17 that would have been due on food for human consumption
18 that is to be consumed off the premises where it is sold
19 (other than alcoholic beverages, food consisting of or
20 infused with adult use cannabis, soft drinks, and food
21 that has been prepared for immediate consumption) but for
22 the 0% rate imposed under Public Act 102-700;
23 9. The signature of the taxpayer; and
24 10. Such other reasonable information as the
25 Department may require.
26 In the case of leases, except as otherwise provided in
SB2111 Enrolled - 998 - LRB104 09876 LNS 19944 b
1 this Act, the lessor must remit for each tax return period only
2 the tax applicable to that part of the selling price actually
3 received during such tax return period.
4 On and after January 1, 2018, except for returns required
5 to be filed prior to January 1, 2023 for motor vehicles,
6 watercraft, aircraft, and trailers that are required to be
7 registered with an agency of this State, with respect to
8 retailers whose annual gross receipts average $20,000 or more,
9 all returns required to be filed pursuant to this Act shall be
10 filed electronically. On and after January 1, 2023, with
11 respect to retailers whose annual gross receipts average
12 $20,000 or more, all returns required to be filed pursuant to
13 this Act, including, but not limited to, returns for motor
14 vehicles, watercraft, aircraft, and trailers that are required
15 to be registered with an agency of this State, shall be filed
16 electronically. Retailers who demonstrate that they do not
17 have access to the Internet or demonstrate hardship in filing
18 electronically may petition the Department to waive the
19 electronic filing requirement.
20 If a taxpayer fails to sign a return within 30 days after
21 the proper notice and demand for signature by the Department,
22 the return shall be considered valid and any amount shown to be
23 due on the return shall be deemed assessed.
24 Each return shall be accompanied by the statement of
25 prepaid tax issued pursuant to Section 2e for which credit is
26 claimed.
SB2111 Enrolled - 999 - LRB104 09876 LNS 19944 b
1 Prior to October 1, 2003 and on and after September 1,
2 2004, a retailer may accept a Manufacturer's Purchase Credit
3 certification from a purchaser in satisfaction of Use Tax as
4 provided in Section 3-85 of the Use Tax Act if the purchaser
5 provides the appropriate documentation as required by Section
6 3-85 of the Use Tax Act. A Manufacturer's Purchase Credit
7 certification, accepted by a retailer prior to October 1, 2003
8 and on and after September 1, 2004 as provided in Section 3-85
9 of the Use Tax Act, may be used by that retailer to satisfy
10 Retailers' Occupation Tax liability in the amount claimed in
11 the certification, not to exceed 6.25% of the receipts subject
12 to tax from a qualifying purchase. A Manufacturer's Purchase
13 Credit reported on any original or amended return filed under
14 this Act after October 20, 2003 for reporting periods prior to
15 September 1, 2004 shall be disallowed. Manufacturer's Purchase
16 Credit reported on annual returns due on or after January 1,
17 2005 will be disallowed for periods prior to September 1,
18 2004. No Manufacturer's Purchase Credit may be used after
19 September 30, 2003 through August 31, 2004 to satisfy any tax
20 liability imposed under this Act, including any audit
21 liability.
22 Beginning on July 1, 2023 and through December 31, 2032, a
23 retailer may accept a Sustainable Aviation Fuel Purchase
24 Credit certification from an air common carrier-purchaser in
25 satisfaction of Use Tax on aviation fuel as provided in
26 Section 3-87 of the Use Tax Act if the purchaser provides the
SB2111 Enrolled - 1000 - LRB104 09876 LNS 19944 b
1 appropriate documentation as required by Section 3-87 of the
2 Use Tax Act. A Sustainable Aviation Fuel Purchase Credit
3 certification accepted by a retailer in accordance with this
4 paragraph may be used by that retailer to satisfy Retailers'
5 Occupation Tax liability (but not in satisfaction of penalty
6 or interest) in the amount claimed in the certification, not
7 to exceed 6.25% of the receipts subject to tax from a sale of
8 aviation fuel. In addition, for a sale of aviation fuel to
9 qualify to earn the Sustainable Aviation Fuel Purchase Credit,
10 retailers must retain in their books and records a
11 certification from the producer of the aviation fuel that the
12 aviation fuel sold by the retailer and for which a sustainable
13 aviation fuel purchase credit was earned meets the definition
14 of sustainable aviation fuel under Section 3-87 of the Use Tax
15 Act. The documentation must include detail sufficient for the
16 Department to determine the number of gallons of sustainable
17 aviation fuel sold.
18 The Department may require returns to be filed on a
19 quarterly basis. If so required, a return for each calendar
20 quarter shall be filed on or before the twentieth day of the
21 calendar month following the end of such calendar quarter. The
22 taxpayer shall also file a return with the Department for each
23 of the first 2 months of each calendar quarter, on or before
24 the twentieth day of the following calendar month, stating:
25 1. The name of the seller;
26 2. The address of the principal place of business from
SB2111 Enrolled - 1001 - LRB104 09876 LNS 19944 b
1 which he engages in the business of selling tangible
2 personal property at retail in this State;
3 3. The total amount of taxable receipts received by
4 him during the preceding calendar month from sales of
5 tangible personal property by him during such preceding
6 calendar month, including receipts from charge and time
7 sales, but less all deductions allowed by law;
8 4. The amount of credit provided in Section 2d of this
9 Act;
10 5. The amount of tax due; and
11 6. Such other reasonable information as the Department
12 may require.
13 Every person engaged in the business of selling aviation
14 fuel at retail in this State during the preceding calendar
15 month shall, instead of reporting and paying tax as otherwise
16 required by this Section, report and pay such tax on a separate
17 aviation fuel tax return. The requirements related to the
18 return shall be as otherwise provided in this Section.
19 Notwithstanding any other provisions of this Act to the
20 contrary, retailers selling aviation fuel shall file all
21 aviation fuel tax returns and shall make all aviation fuel tax
22 payments by electronic means in the manner and form required
23 by the Department. For purposes of this Section, "aviation
24 fuel" means jet fuel and aviation gasoline.
25 Beginning on October 1, 2003, any person who is not a
26 licensed distributor, importing distributor, or manufacturer,
SB2111 Enrolled - 1002 - LRB104 09876 LNS 19944 b
1 as defined in the Liquor Control Act of 1934, but is engaged in
2 the business of selling, at retail, alcoholic liquor shall
3 file a statement with the Department of Revenue, in a format
4 and at a time prescribed by the Department, showing the total
5 amount paid for alcoholic liquor purchased during the
6 preceding month and such other information as is reasonably
7 required by the Department. The Department may adopt rules to
8 require that this statement be filed in an electronic or
9 telephonic format. Such rules may provide for exceptions from
10 the filing requirements of this paragraph. For the purposes of
11 this paragraph, the term "alcoholic liquor" shall have the
12 meaning prescribed in the Liquor Control Act of 1934.
13 Beginning on October 1, 2003, every distributor, importing
14 distributor, and manufacturer of alcoholic liquor as defined
15 in the Liquor Control Act of 1934, shall file a statement with
16 the Department of Revenue, no later than the 10th day of the
17 month for the preceding month during which transactions
18 occurred, by electronic means, showing the total amount of
19 gross receipts from the sale of alcoholic liquor sold or
20 distributed during the preceding month to purchasers;
21 identifying the purchaser to whom it was sold or distributed;
22 the purchaser's tax registration number; and such other
23 information reasonably required by the Department. A
24 distributor, importing distributor, or manufacturer of
25 alcoholic liquor must personally deliver, mail, or provide by
26 electronic means to each retailer listed on the monthly
SB2111 Enrolled - 1003 - LRB104 09876 LNS 19944 b
1 statement a report containing a cumulative total of that
2 distributor's, importing distributor's, or manufacturer's
3 total sales of alcoholic liquor to that retailer no later than
4 the 10th day of the month for the preceding month during which
5 the transaction occurred. The distributor, importing
6 distributor, or manufacturer shall notify the retailer as to
7 the method by which the distributor, importing distributor, or
8 manufacturer will provide the sales information. If the
9 retailer is unable to receive the sales information by
10 electronic means, the distributor, importing distributor, or
11 manufacturer shall furnish the sales information by personal
12 delivery or by mail. For purposes of this paragraph, the term
13 "electronic means" includes, but is not limited to, the use of
14 a secure Internet website, e-mail, or facsimile.
15 If a total amount of less than $1 is payable, refundable or
16 creditable, such amount shall be disregarded if it is less
17 than 50 cents and shall be increased to $1 if it is 50 cents or
18 more.
19 Notwithstanding any other provision of this Act to the
20 contrary, retailers subject to tax on cannabis shall file all
21 cannabis tax returns and shall make all cannabis tax payments
22 by electronic means in the manner and form required by the
23 Department.
24 Beginning October 1, 1993, a taxpayer who has an average
25 monthly tax liability of $150,000 or more shall make all
26 payments required by rules of the Department by electronic
SB2111 Enrolled - 1004 - LRB104 09876 LNS 19944 b
1 funds transfer. Beginning October 1, 1994, a taxpayer who has
2 an average monthly tax liability of $100,000 or more shall
3 make all payments required by rules of the Department by
4 electronic funds transfer. Beginning October 1, 1995, a
5 taxpayer who has an average monthly tax liability of $50,000
6 or more shall make all payments required by rules of the
7 Department by electronic funds transfer. Beginning October 1,
8 2000, a taxpayer who has an annual tax liability of $200,000 or
9 more shall make all payments required by rules of the
10 Department by electronic funds transfer. The term "annual tax
11 liability" shall be the sum of the taxpayer's liabilities
12 under this Act, and under all other State and local occupation
13 and use tax laws administered by the Department, for the
14 immediately preceding calendar year. The term "average monthly
15 tax liability" shall be the sum of the taxpayer's liabilities
16 under this Act, and under all other State and local occupation
17 and use tax laws administered by the Department, for the
18 immediately preceding calendar year divided by 12. Beginning
19 on October 1, 2002, a taxpayer who has a tax liability in the
20 amount set forth in subsection (b) of Section 2505-210 of the
21 Department of Revenue Law shall make all payments required by
22 rules of the Department by electronic funds transfer.
23 Before August 1 of each year beginning in 1993, the
24 Department shall notify all taxpayers required to make
25 payments by electronic funds transfer. All taxpayers required
26 to make payments by electronic funds transfer shall make those
SB2111 Enrolled - 1005 - LRB104 09876 LNS 19944 b
1 payments for a minimum of one year beginning on October 1.
2 Any taxpayer not required to make payments by electronic
3 funds transfer may make payments by electronic funds transfer
4 with the permission of the Department.
5 All taxpayers required to make payment by electronic funds
6 transfer and any taxpayers authorized to voluntarily make
7 payments by electronic funds transfer shall make those
8 payments in the manner authorized by the Department.
9 The Department shall adopt such rules as are necessary to
10 effectuate a program of electronic funds transfer and the
11 requirements of this Section.
12 Any amount which is required to be shown or reported on any
13 return or other document under this Act shall, if such amount
14 is not a whole-dollar amount, be increased to the nearest
15 whole-dollar amount in any case where the fractional part of a
16 dollar is 50 cents or more, and decreased to the nearest
17 whole-dollar amount where the fractional part of a dollar is
18 less than 50 cents.
19 If the retailer is otherwise required to file a monthly
20 return and if the retailer's average monthly tax liability to
21 the Department does not exceed $200, the Department may
22 authorize his returns to be filed on a quarter annual basis,
23 with the return for January, February, and March of a given
24 year being due by April 20 of such year; with the return for
25 April, May, and June of a given year being due by July 20 of
26 such year; with the return for July, August, and September of a
SB2111 Enrolled - 1006 - LRB104 09876 LNS 19944 b
1 given year being due by October 20 of such year, and with the
2 return for October, November, and December of a given year
3 being due by January 20 of the following year.
4 If the retailer is otherwise required to file a monthly or
5 quarterly return and if the retailer's average monthly tax
6 liability with the Department does not exceed $50, the
7 Department may authorize his returns to be filed on an annual
8 basis, with the return for a given year being due by January 20
9 of the following year.
10 Such quarter annual and annual returns, as to form and
11 substance, shall be subject to the same requirements as
12 monthly returns.
13 Notwithstanding any other provision in this Act concerning
14 the time within which a retailer may file his return, in the
15 case of any retailer who ceases to engage in a kind of business
16 which makes him responsible for filing returns under this Act,
17 such retailer shall file a final return under this Act with the
18 Department not more than one month after discontinuing such
19 business.
20 Where the same person has more than one business
21 registered with the Department under separate registrations
22 under this Act, such person may not file each return that is
23 due as a single return covering all such registered
24 businesses, but shall file separate returns for each such
25 registered business.
26 In addition, with respect to motor vehicles, watercraft,
SB2111 Enrolled - 1007 - LRB104 09876 LNS 19944 b
1 aircraft, and trailers that are required to be registered with
2 an agency of this State, except as otherwise provided in this
3 Section, every retailer selling this kind of tangible personal
4 property shall file, with the Department, upon a form to be
5 prescribed and supplied by the Department, a separate return
6 for each such item of tangible personal property which the
7 retailer sells, except that if, in the same transaction, (i) a
8 retailer of aircraft, watercraft, motor vehicles, or trailers
9 transfers more than one aircraft, watercraft, motor vehicle,
10 or trailer to another aircraft, watercraft, motor vehicle
11 retailer, or trailer retailer for the purpose of resale or
12 (ii) a retailer of aircraft, watercraft, motor vehicles, or
13 trailers transfers more than one aircraft, watercraft, motor
14 vehicle, or trailer to a purchaser for use as a qualifying
15 rolling stock as provided in Section 2-5 of this Act, then that
16 seller may report the transfer of all aircraft, watercraft,
17 motor vehicles, or trailers involved in that transaction to
18 the Department on the same uniform invoice-transaction
19 reporting return form. For purposes of this Section,
20 "watercraft" means a Class 2, Class 3, or Class 4 watercraft as
21 defined in Section 3-2 of the Boat Registration and Safety
22 Act, a personal watercraft, or any boat equipped with an
23 inboard motor.
24 In addition, with respect to motor vehicles, watercraft,
25 aircraft, and trailers that are required to be registered with
26 an agency of this State, every person who is engaged in the
SB2111 Enrolled - 1008 - LRB104 09876 LNS 19944 b
1 business of leasing or renting such items and who, in
2 connection with such business, sells any such item to a
3 retailer for the purpose of resale is, notwithstanding any
4 other provision of this Section to the contrary, authorized to
5 meet the return-filing requirement of this Act by reporting
6 the transfer of all the aircraft, watercraft, motor vehicles,
7 or trailers transferred for resale during a month to the
8 Department on the same uniform invoice-transaction reporting
9 return form on or before the 20th of the month following the
10 month in which the transfer takes place. Notwithstanding any
11 other provision of this Act to the contrary, all returns filed
12 under this paragraph must be filed by electronic means in the
13 manner and form as required by the Department.
14 Any retailer who sells only motor vehicles, watercraft,
15 aircraft, or trailers that are required to be registered with
16 an agency of this State, so that all retailers' occupation tax
17 liability is required to be reported, and is reported, on such
18 transaction reporting returns and who is not otherwise
19 required to file monthly or quarterly returns, need not file
20 monthly or quarterly returns. However, those retailers shall
21 be required to file returns on an annual basis.
22 The transaction reporting return, in the case of motor
23 vehicles or trailers that are required to be registered with
24 an agency of this State, shall be the same document as the
25 Uniform Invoice referred to in Section 5-402 of the Illinois
26 Vehicle Code and must show the name and address of the seller;
SB2111 Enrolled - 1009 - LRB104 09876 LNS 19944 b
1 the name and address of the purchaser; the amount of the
2 selling price including the amount allowed by the retailer for
3 traded-in property, if any; the amount allowed by the retailer
4 for the traded-in tangible personal property, if any, to the
5 extent to which Section 1 of this Act allows an exemption for
6 the value of traded-in property; the balance payable after
7 deducting such trade-in allowance from the total selling
8 price; the amount of tax due from the retailer with respect to
9 such transaction; the amount of tax collected from the
10 purchaser by the retailer on such transaction (or satisfactory
11 evidence that such tax is not due in that particular instance,
12 if that is claimed to be the fact); the place and date of the
13 sale; a sufficient identification of the property sold; such
14 other information as is required in Section 5-402 of the
15 Illinois Vehicle Code, and such other information as the
16 Department may reasonably require.
17 The transaction reporting return in the case of watercraft
18 or aircraft must show the name and address of the seller; the
19 name and address of the purchaser; the amount of the selling
20 price including the amount allowed by the retailer for
21 traded-in property, if any; the amount allowed by the retailer
22 for the traded-in tangible personal property, if any, to the
23 extent to which Section 1 of this Act allows an exemption for
24 the value of traded-in property; the balance payable after
25 deducting such trade-in allowance from the total selling
26 price; the amount of tax due from the retailer with respect to
SB2111 Enrolled - 1010 - LRB104 09876 LNS 19944 b
1 such transaction; the amount of tax collected from the
2 purchaser by the retailer on such transaction (or satisfactory
3 evidence that such tax is not due in that particular instance,
4 if that is claimed to be the fact); the place and date of the
5 sale, a sufficient identification of the property sold, and
6 such other information as the Department may reasonably
7 require.
8 Such transaction reporting return shall be filed not later
9 than 20 days after the day of delivery of the item that is
10 being sold, but may be filed by the retailer at any time sooner
11 than that if he chooses to do so. The transaction reporting
12 return and tax remittance or proof of exemption from the
13 Illinois use tax may be transmitted to the Department by way of
14 the State agency with which, or State officer with whom the
15 tangible personal property must be titled or registered (if
16 titling or registration is required) if the Department and
17 such agency or State officer determine that this procedure
18 will expedite the processing of applications for title or
19 registration.
20 With each such transaction reporting return, the retailer
21 shall remit the proper amount of tax due (or shall submit
22 satisfactory evidence that the sale is not taxable if that is
23 the case), to the Department or its agents, whereupon the
24 Department shall issue, in the purchaser's name, a use tax
25 receipt (or a certificate of exemption if the Department is
26 satisfied that the particular sale is tax-exempt tax exempt)
SB2111 Enrolled - 1011 - LRB104 09876 LNS 19944 b
1 which such purchaser may submit to the agency with which, or
2 State officer with whom, he must title or register the
3 tangible personal property that is involved (if titling or
4 registration is required) in support of such purchaser's
5 application for an Illinois certificate or other evidence of
6 title or registration to such tangible personal property.
7 No retailer's failure or refusal to remit tax under this
8 Act precludes a user, who has paid the proper tax to the
9 retailer, from obtaining his certificate of title or other
10 evidence of title or registration (if titling or registration
11 is required) upon satisfying the Department that such user has
12 paid the proper tax (if tax is due) to the retailer. The
13 Department shall adopt appropriate rules to carry out the
14 mandate of this paragraph.
15 If the user who would otherwise pay tax to the retailer
16 wants the transaction reporting return filed and the payment
17 of the tax or proof of exemption made to the Department before
18 the retailer is willing to take these actions and such user has
19 not paid the tax to the retailer, such user may certify to the
20 fact of such delay by the retailer and may (upon the Department
21 being satisfied of the truth of such certification) transmit
22 the information required by the transaction reporting return
23 and the remittance for tax or proof of exemption directly to
24 the Department and obtain his tax receipt or exemption
25 determination, in which event the transaction reporting return
26 and tax remittance (if a tax payment was required) shall be
SB2111 Enrolled - 1012 - LRB104 09876 LNS 19944 b
1 credited by the Department to the proper retailer's account
2 with the Department, but without the vendor's discount
3 provided for in this Section being allowed. When the user pays
4 the tax directly to the Department, he shall pay the tax in the
5 same amount and in the same form in which it would be remitted
6 if the tax had been remitted to the Department by the retailer.
7 On and after January 1, 2025, with respect to the lease of
8 trailers, other than semitrailers as defined in Section 1-187
9 of the Illinois Vehicle Code, that are required to be
10 registered with an agency of this State and that are subject to
11 the tax on lease receipts under this Act, notwithstanding any
12 other provision of this Act to the contrary, for the purpose of
13 reporting and paying tax under this Act on those lease
14 receipts, lessors shall file returns in addition to and
15 separate from the transaction reporting return. Lessors shall
16 file those lease returns and make payment to the Department by
17 electronic means on or before the 20th day of each month
18 following the month, quarter, or year, as applicable, in which
19 lease receipts were received. All lease receipts received by
20 the lessor from the lease of those trailers during the same
21 reporting period shall be reported and tax shall be paid on a
22 single return form to be prescribed by the Department.
23 Refunds made by the seller during the preceding return
24 period to purchasers, on account of tangible personal property
25 returned to the seller, shall be allowed as a deduction under
26 subdivision 5 of his monthly or quarterly return, as the case
SB2111 Enrolled - 1013 - LRB104 09876 LNS 19944 b
1 may be, in case the seller had theretofore included the
2 receipts from the sale of such tangible personal property in a
3 return filed by him and had paid the tax imposed by this Act
4 with respect to such receipts.
5 Where the seller is a corporation, the return filed on
6 behalf of such corporation shall be signed by the president,
7 vice-president, secretary, or treasurer or by the properly
8 accredited agent of such corporation.
9 Where the seller is a limited liability company, the
10 return filed on behalf of the limited liability company shall
11 be signed by a manager, member, or properly accredited agent
12 of the limited liability company.
13 Except as provided in this Section, the retailer filing
14 the return under this Section shall, at the time of filing such
15 return, pay to the Department the amount of tax imposed by this
16 Act less a discount of 2.1% prior to January 1, 1990 and 1.75%
17 on and after January 1, 1990, or $5 per calendar year,
18 whichever is greater, which is allowed to reimburse the
19 retailer for the expenses incurred in keeping records,
20 preparing and filing returns, remitting the tax and supplying
21 data to the Department on request. A a certified service
22 provider, as defined in the Leveling the Playing Field for
23 Illinois Retail Act, filing the return under this Section on
24 behalf of a remote retailer or a retailer maintaining a place
25 of business in this State shall, at the time of such return,
26 pay to the Department the amount of tax imposed by this Act
SB2111 Enrolled - 1014 - LRB104 09876 LNS 19944 b
1 less a discount of 1.75%. A remote retailer or a retailer
2 maintaining a place of business in this State using a
3 certified service provider to file a return on its behalf, as
4 provided in the Leveling the Playing Field for Illinois Retail
5 Act, is not eligible for the discount. Beginning with returns
6 due on or after January 1, 2025, the vendor's discount allowed
7 in this Section, the Service Occupation Tax Act, the Use Tax
8 Act, and the Service Use Tax Act, including any local tax
9 administered by the Department and reported on the same
10 return, shall not exceed $1,000 per month in the aggregate for
11 returns other than transaction returns filed during the month.
12 When determining the discount allowed under this Section,
13 retailers shall include the amount of tax that would have been
14 due at the 1% rate but for the 0% rate imposed under Public Act
15 102-700. When determining the discount allowed under this
16 Section, retailers shall include the amount of tax that would
17 have been due at the 6.25% rate but for the 1.25% rate imposed
18 on sales tax holiday items under Public Act 102-700. The
19 discount under this Section is not allowed for the 1.25%
20 portion of taxes paid on aviation fuel that is subject to the
21 revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.
22 47133. Any prepayment made pursuant to Section 2d of this Act
23 shall be included in the amount on which such discount is
24 computed. In the case of retailers who report and pay the tax
25 on a transaction by transaction basis, as provided in this
26 Section, such discount shall be taken with each such tax
SB2111 Enrolled - 1015 - LRB104 09876 LNS 19944 b
1 remittance instead of when such retailer files his periodic
2 return, but, beginning with returns due on or after January 1,
3 2025, the vendor's discount allowed under this Section and the
4 Use Tax Act, including any local tax administered by the
5 Department and reported on the same transaction return, shall
6 not exceed $1,000 per month for all transaction returns filed
7 during the month. The discount allowed under this Section is
8 allowed only for returns that are filed in the manner required
9 by this Act. The Department may disallow the discount for
10 retailers whose certificate of registration is revoked at the
11 time the return is filed, but only if the Department's
12 decision to revoke the certificate of registration has become
13 final.
14 Before October 1, 2000, if the taxpayer's average monthly
15 tax liability to the Department under this Act, the Use Tax
16 Act, the Service Occupation Tax Act, and the Service Use Tax
17 Act, excluding any liability for prepaid sales tax to be
18 remitted in accordance with Section 2d of this Act, was
19 $10,000 or more during the preceding 4 complete calendar
20 quarters, he shall file a return with the Department each
21 month by the 20th day of the month next following the month
22 during which such tax liability is incurred and shall make
23 payments to the Department on or before the 7th, 15th, 22nd and
24 last day of the month during which such liability is incurred.
25 On and after October 1, 2000, if the taxpayer's average
26 monthly tax liability to the Department under this Act, the
SB2111 Enrolled - 1016 - LRB104 09876 LNS 19944 b
1 Use Tax Act, the Service Occupation Tax Act, and the Service
2 Use Tax Act, excluding any liability for prepaid sales tax to
3 be remitted in accordance with Section 2d of this Act, was
4 $20,000 or more during the preceding 4 complete calendar
5 quarters, he shall file a return with the Department each
6 month by the 20th day of the month next following the month
7 during which such tax liability is incurred and shall make
8 payment to the Department on or before the 7th, 15th, 22nd and
9 last day of the month during which such liability is incurred.
10 If the month during which such tax liability is incurred began
11 prior to January 1, 1985, each payment shall be in an amount
12 equal to 1/4 of the taxpayer's actual liability for the month
13 or an amount set by the Department not to exceed 1/4 of the
14 average monthly liability of the taxpayer to the Department
15 for the preceding 4 complete calendar quarters (excluding the
16 month of highest liability and the month of lowest liability
17 in such 4 quarter period). If the month during which such tax
18 liability is incurred begins on or after January 1, 1985 and
19 prior to January 1, 1987, each payment shall be in an amount
20 equal to 22.5% of the taxpayer's actual liability for the
21 month or 27.5% of the taxpayer's liability for the same
22 calendar month of the preceding year. If the month during
23 which such tax liability is incurred begins on or after
24 January 1, 1987 and prior to January 1, 1988, each payment
25 shall be in an amount equal to 22.5% of the taxpayer's actual
26 liability for the month or 26.25% of the taxpayer's liability
SB2111 Enrolled - 1017 - LRB104 09876 LNS 19944 b
1 for the same calendar month of the preceding year. If the month
2 during which such tax liability is incurred begins on or after
3 January 1, 1988, and prior to January 1, 1989, or begins on or
4 after January 1, 1996, each payment shall be in an amount equal
5 to 22.5% of the taxpayer's actual liability for the month or
6 25% of the taxpayer's liability for the same calendar month of
7 the preceding year. If the month during which such tax
8 liability is incurred begins on or after January 1, 1989, and
9 prior to January 1, 1996, each payment shall be in an amount
10 equal to 22.5% of the taxpayer's actual liability for the
11 month or 25% of the taxpayer's liability for the same calendar
12 month of the preceding year or 100% of the taxpayer's actual
13 liability for the quarter monthly reporting period. The amount
14 of such quarter monthly payments shall be credited against the
15 final tax liability of the taxpayer's return for that month.
16 Before October 1, 2000, once applicable, the requirement of
17 the making of quarter monthly payments to the Department by
18 taxpayers having an average monthly tax liability of $10,000
19 or more as determined in the manner provided above shall
20 continue until such taxpayer's average monthly liability to
21 the Department during the preceding 4 complete calendar
22 quarters (excluding the month of highest liability and the
23 month of lowest liability) is less than $9,000, or until such
24 taxpayer's average monthly liability to the Department as
25 computed for each calendar quarter of the 4 preceding complete
26 calendar quarter period is less than $10,000. However, if a
SB2111 Enrolled - 1018 - LRB104 09876 LNS 19944 b
1 taxpayer can show the Department that a substantial change in
2 the taxpayer's business has occurred which causes the taxpayer
3 to anticipate that his average monthly tax liability for the
4 reasonably foreseeable future will fall below the $10,000
5 threshold stated above, then such taxpayer may petition the
6 Department for a change in such taxpayer's reporting status.
7 On and after October 1, 2000, once applicable, the requirement
8 of the making of quarter monthly payments to the Department by
9 taxpayers having an average monthly tax liability of $20,000
10 or more as determined in the manner provided above shall
11 continue until such taxpayer's average monthly liability to
12 the Department during the preceding 4 complete calendar
13 quarters (excluding the month of highest liability and the
14 month of lowest liability) is less than $19,000 or until such
15 taxpayer's average monthly liability to the Department as
16 computed for each calendar quarter of the 4 preceding complete
17 calendar quarter period is less than $20,000. However, if a
18 taxpayer can show the Department that a substantial change in
19 the taxpayer's business has occurred which causes the taxpayer
20 to anticipate that his average monthly tax liability for the
21 reasonably foreseeable future will fall below the $20,000
22 threshold stated above, then such taxpayer may petition the
23 Department for a change in such taxpayer's reporting status.
24 The Department shall change such taxpayer's reporting status
25 unless it finds that such change is seasonal in nature and not
26 likely to be long term. Quarter monthly payment status shall
SB2111 Enrolled - 1019 - LRB104 09876 LNS 19944 b
1 be determined under this paragraph as if the rate reduction to
2 0% in Public Act 102-700 on food for human consumption that is
3 to be consumed off the premises where it is sold (other than
4 alcoholic beverages, food consisting of or infused with adult
5 use cannabis, soft drinks, and food that has been prepared for
6 immediate consumption) had not occurred. For quarter monthly
7 payments due under this paragraph on or after July 1, 2023 and
8 through June 30, 2024, "25% of the taxpayer's liability for
9 the same calendar month of the preceding year" shall be
10 determined as if the rate reduction to 0% in Public Act 102-700
11 had not occurred. Quarter monthly payment status shall be
12 determined under this paragraph as if the rate reduction to
13 1.25% in Public Act 102-700 on sales tax holiday items had not
14 occurred. For quarter monthly payments due on or after July 1,
15 2023 and through June 30, 2024, "25% of the taxpayer's
16 liability for the same calendar month of the preceding year"
17 shall be determined as if the rate reduction to 1.25% in Public
18 Act 102-700 on sales tax holiday items had not occurred. If any
19 such quarter monthly payment is not paid at the time or in the
20 amount required by this Section, then the taxpayer shall be
21 liable for penalties and interest on the difference between
22 the minimum amount due as a payment and the amount of such
23 quarter monthly payment actually and timely paid, except
24 insofar as the taxpayer has previously made payments for that
25 month to the Department in excess of the minimum payments
26 previously due as provided in this Section. The Department
SB2111 Enrolled - 1020 - LRB104 09876 LNS 19944 b
1 shall make reasonable rules and regulations to govern the
2 quarter monthly payment amount and quarter monthly payment
3 dates for taxpayers who file on other than a calendar monthly
4 basis.
5 The provisions of this paragraph apply before October 1,
6 2001. Without regard to whether a taxpayer is required to make
7 quarter monthly payments as specified above, any taxpayer who
8 is required by Section 2d of this Act to collect and remit
9 prepaid taxes and has collected prepaid taxes which average in
10 excess of $25,000 per month during the preceding 2 complete
11 calendar quarters, shall file a return with the Department as
12 required by Section 2f and shall make payments to the
13 Department on or before the 7th, 15th, 22nd and last day of the
14 month during which such liability is incurred. If the month
15 during which such tax liability is incurred began prior to
16 September 1, 1985 (the effective date of Public Act 84-221),
17 each payment shall be in an amount not less than 22.5% of the
18 taxpayer's actual liability under Section 2d. If the month
19 during which such tax liability is incurred begins on or after
20 January 1, 1986, each payment shall be in an amount equal to
21 22.5% of the taxpayer's actual liability for the month or
22 27.5% of the taxpayer's liability for the same calendar month
23 of the preceding calendar year. If the month during which such
24 tax liability is incurred begins on or after January 1, 1987,
25 each payment shall be in an amount equal to 22.5% of the
26 taxpayer's actual liability for the month or 26.25% of the
SB2111 Enrolled - 1021 - LRB104 09876 LNS 19944 b
1 taxpayer's liability for the same calendar month of the
2 preceding year. The amount of such quarter monthly payments
3 shall be credited against the final tax liability of the
4 taxpayer's return for that month filed under this Section or
5 Section 2f, as the case may be. Once applicable, the
6 requirement of the making of quarter monthly payments to the
7 Department pursuant to this paragraph shall continue until
8 such taxpayer's average monthly prepaid tax collections during
9 the preceding 2 complete calendar quarters is $25,000 or less.
10 If any such quarter monthly payment is not paid at the time or
11 in the amount required, the taxpayer shall be liable for
12 penalties and interest on such difference, except insofar as
13 the taxpayer has previously made payments for that month in
14 excess of the minimum payments previously due.
15 The provisions of this paragraph apply on and after
16 October 1, 2001. Without regard to whether a taxpayer is
17 required to make quarter monthly payments as specified above,
18 any taxpayer who is required by Section 2d of this Act to
19 collect and remit prepaid taxes and has collected prepaid
20 taxes that average in excess of $20,000 per month during the
21 preceding 4 complete calendar quarters shall file a return
22 with the Department as required by Section 2f and shall make
23 payments to the Department on or before the 7th, 15th, 22nd,
24 and last day of the month during which the liability is
25 incurred. Each payment shall be in an amount equal to 22.5% of
26 the taxpayer's actual liability for the month or 25% of the
SB2111 Enrolled - 1022 - LRB104 09876 LNS 19944 b
1 taxpayer's liability for the same calendar month of the
2 preceding year. The amount of the quarter monthly payments
3 shall be credited against the final tax liability of the
4 taxpayer's return for that month filed under this Section or
5 Section 2f, as the case may be. Once applicable, the
6 requirement of the making of quarter monthly payments to the
7 Department pursuant to this paragraph shall continue until the
8 taxpayer's average monthly prepaid tax collections during the
9 preceding 4 complete calendar quarters (excluding the month of
10 highest liability and the month of lowest liability) is less
11 than $19,000 or until such taxpayer's average monthly
12 liability to the Department as computed for each calendar
13 quarter of the 4 preceding complete calendar quarters is less
14 than $20,000. If any such quarter monthly payment is not paid
15 at the time or in the amount required, the taxpayer shall be
16 liable for penalties and interest on such difference, except
17 insofar as the taxpayer has previously made payments for that
18 month in excess of the minimum payments previously due.
19 If any payment provided for in this Section exceeds the
20 taxpayer's liabilities under this Act, the Use Tax Act, the
21 Service Occupation Tax Act, and the Service Use Tax Act, as
22 shown on an original monthly return, the Department shall, if
23 requested by the taxpayer, issue to the taxpayer a credit
24 memorandum no later than 30 days after the date of payment. The
25 credit evidenced by such credit memorandum may be assigned by
26 the taxpayer to a similar taxpayer under this Act, the Use Tax
SB2111 Enrolled - 1023 - LRB104 09876 LNS 19944 b
1 Act, the Service Occupation Tax Act, or the Service Use Tax
2 Act, in accordance with reasonable rules and regulations to be
3 prescribed by the Department. If no such request is made, the
4 taxpayer may credit such excess payment against tax liability
5 subsequently to be remitted to the Department under this Act,
6 the Use Tax Act, the Service Occupation Tax Act, or the Service
7 Use Tax Act, in accordance with reasonable rules and
8 regulations prescribed by the Department. If the Department
9 subsequently determined that all or any part of the credit
10 taken was not actually due to the taxpayer, the taxpayer's
11 vendor's discount shall be reduced, if necessary, to reflect
12 the difference between the credit taken and that actually due,
13 and that taxpayer shall be liable for penalties and interest
14 on such difference.
15 If a retailer of motor fuel is entitled to a credit under
16 Section 2d of this Act which exceeds the taxpayer's liability
17 to the Department under this Act for the month for which the
18 taxpayer is filing a return, the Department shall issue the
19 taxpayer a credit memorandum for the excess.
20 The net revenue realized at the 15% rate under either
21 Section 4 or Section 5 of this Act shall be deposited as
22 follows: (i) notwithstanding the provisions of this Section to
23 the contrary, the net revenue realized from the portion of the
24 rate in excess of 5% shall be deposited into the State and
25 Local Sales Tax Reform Fund; and (ii) the net revenue realized
26 from the 5% portion of the rate shall be deposited as provided
SB2111 Enrolled - 1024 - LRB104 09876 LNS 19944 b
1 in this Section for the 5% portion of the 6.25% general rate
2 imposed under this Act.
3 Beginning January 1, 1990, each month the Department shall
4 pay into the Local Government Tax Fund, a special fund in the
5 State treasury which is hereby created, the net revenue
6 realized for the preceding month from the 1% tax imposed under
7 this Act.
8 Beginning January 1, 1990, each month the Department shall
9 pay into the County and Mass Transit District Fund, a special
10 fund in the State treasury which is hereby created, 4% of the
11 net revenue realized for the preceding month from the 6.25%
12 general rate other than aviation fuel sold on or after
13 December 1, 2019. This exception for aviation fuel only
14 applies for so long as the revenue use requirements of 49
15 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the State.
16 Beginning August 1, 2000, each month the Department shall
17 pay into the County and Mass Transit District Fund 20% of the
18 net revenue realized for the preceding month from the 1.25%
19 rate on the selling price of motor fuel and gasohol. If, in any
20 month, the tax on sales tax holiday items, as defined in
21 Section 2-8, is imposed at the rate of 1.25%, then the
22 Department shall pay 20% of the net revenue realized for that
23 month from the 1.25% rate on the selling price of sales tax
24 holiday items into the County and Mass Transit District Fund.
25 Beginning January 1, 1990, each month the Department shall
26 pay into the Local Government Tax Fund 16% of the net revenue
SB2111 Enrolled - 1025 - LRB104 09876 LNS 19944 b
1 realized for the preceding month from the 6.25% general rate
2 on the selling price of tangible personal property other than
3 aviation fuel sold on or after December 1, 2019. This
4 exception for aviation fuel only applies for so long as the
5 revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.
6 47133 are binding on the State.
7 For aviation fuel sold on or after December 1, 2019, each
8 month the Department shall pay into the State Aviation Program
9 Fund 20% of the net revenue realized for the preceding month
10 from the 6.25% general rate on the selling price of aviation
11 fuel, less an amount estimated by the Department to be
12 required for refunds of the 20% portion of the tax on aviation
13 fuel under this Act, which amount shall be deposited into the
14 Aviation Fuel Sales Tax Refund Fund. The Department shall only
15 pay moneys into the State Aviation Program Fund and the
16 Aviation Fuel Sales Tax Refund Fund under this Act for so long
17 as the revenue use requirements of 49 U.S.C. 47107(b) and 49
18 U.S.C. 47133 are binding on the State.
19 Beginning August 1, 2000, each month the Department shall
20 pay into the Local Government Tax Fund 80% of the net revenue
21 realized for the preceding month from the 1.25% rate on the
22 selling price of motor fuel and gasohol. If, in any month, the
23 tax on sales tax holiday items, as defined in Section 2-8, is
24 imposed at the rate of 1.25%, then the Department shall pay 80%
25 of the net revenue realized for that month from the 1.25% rate
26 on the selling price of sales tax holiday items into the Local
SB2111 Enrolled - 1026 - LRB104 09876 LNS 19944 b
1 Government Tax Fund.
2 Beginning October 1, 2009, each month the Department shall
3 pay into the Capital Projects Fund an amount that is equal to
4 an amount estimated by the Department to represent 80% of the
5 net revenue realized for the preceding month from the sale of
6 candy, grooming and hygiene products, and soft drinks that had
7 been taxed at a rate of 1% prior to September 1, 2009 but that
8 are now taxed at 6.25%.
9 Beginning July 1, 2011, each month the Department shall
10 pay into the Clean Air Act Permit Fund 80% of the net revenue
11 realized for the preceding month from the 6.25% general rate
12 on the selling price of sorbents used in Illinois in the
13 process of sorbent injection as used to comply with the
14 Environmental Protection Act or the federal Clean Air Act, but
15 the total payment into the Clean Air Act Permit Fund under this
16 Act and the Use Tax Act shall not exceed $2,000,000 in any
17 fiscal year.
18 Beginning July 1, 2013, each month the Department shall
19 pay into the Underground Storage Tank Fund from the proceeds
20 collected under this Act, the Use Tax Act, the Service Use Tax
21 Act, and the Service Occupation Tax Act an amount equal to the
22 average monthly deficit in the Underground Storage Tank Fund
23 during the prior year, as certified annually by the Illinois
24 Environmental Protection Agency, but the total payment into
25 the Underground Storage Tank Fund under this Act, the Use Tax
26 Act, the Service Use Tax Act, and the Service Occupation Tax
SB2111 Enrolled - 1027 - LRB104 09876 LNS 19944 b
1 Act shall not exceed $18,000,000 in any State fiscal year. As
2 used in this paragraph, the "average monthly deficit" shall be
3 equal to the difference between the average monthly claims for
4 payment by the fund and the average monthly revenues deposited
5 into the fund, excluding payments made pursuant to this
6 paragraph.
7 Beginning July 1, 2015, of the remainder of the moneys
8 received by the Department under the Use Tax Act, the Service
9 Use Tax Act, the Service Occupation Tax Act, and this Act, each
10 month the Department shall deposit $500,000 into the State
11 Crime Laboratory Fund.
12 Of the remainder of the moneys received by the Department
13 pursuant to this Act, (a) 1.75% thereof shall be paid into the
14 Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
15 and after July 1, 1989, 3.8% thereof shall be paid into the
16 Build Illinois Fund; provided, however, that if in any fiscal
17 year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
18 may be, of the moneys received by the Department and required
19 to be paid into the Build Illinois Fund pursuant to this Act,
20 Section 9 of the Use Tax Act, Section 9 of the Service Use Tax
21 Act, and Section 9 of the Service Occupation Tax Act, such Acts
22 being hereinafter called the "Tax Acts" and such aggregate of
23 2.2% or 3.8%, as the case may be, of moneys being hereinafter
24 called the "Tax Act Amount", and (2) the amount transferred to
25 the Build Illinois Fund from the State and Local Sales Tax
26 Reform Fund shall be less than the Annual Specified Amount (as
SB2111 Enrolled - 1028 - LRB104 09876 LNS 19944 b
1 hereinafter defined), an amount equal to the difference shall
2 be immediately paid into the Build Illinois Fund from other
3 moneys received by the Department pursuant to the Tax Acts;
4 the "Annual Specified Amount" means the amounts specified
5 below for fiscal years 1986 through 1993:
6 Fiscal Year Annual Specified Amount
7 1986 $54,800,000
8 1987 $76,650,000
9 1988 $80,480,000
10 1989 $88,510,000
11 1990 $115,330,000
12 1991 $145,470,000
13 1992 $182,730,000
14 1993 $206,520,000;
15 and means the Certified Annual Debt Service Requirement (as
16 defined in Section 13 of the Build Illinois Bond Act) or the
17 Tax Act Amount, whichever is greater, for fiscal year 1994 and
18 each fiscal year thereafter; and further provided, that if on
19 the last business day of any month the sum of (1) the Tax Act
20 Amount required to be deposited into the Build Illinois Bond
21 Account in the Build Illinois Fund during such month and (2)
22 the amount transferred to the Build Illinois Fund from the
23 State and Local Sales Tax Reform Fund shall have been less than
24 1/12 of the Annual Specified Amount, an amount equal to the
25 difference shall be immediately paid into the Build Illinois
26 Fund from other moneys received by the Department pursuant to
SB2111 Enrolled - 1029 - LRB104 09876 LNS 19944 b
1 the Tax Acts; and, further provided, that in no event shall the
2 payments required under the preceding proviso result in
3 aggregate payments into the Build Illinois Fund pursuant to
4 this clause (b) for any fiscal year in excess of the greater of
5 (i) the Tax Act Amount or (ii) the Annual Specified Amount for
6 such fiscal year. The amounts payable into the Build Illinois
7 Fund under clause (b) of the first sentence in this paragraph
8 shall be payable only until such time as the aggregate amount
9 on deposit under each trust indenture securing Bonds issued
10 and outstanding pursuant to the Build Illinois Bond Act is
11 sufficient, taking into account any future investment income,
12 to fully provide, in accordance with such indenture, for the
13 defeasance of or the payment of the principal of, premium, if
14 any, and interest on the Bonds secured by such indenture and on
15 any Bonds expected to be issued thereafter and all fees and
16 costs payable with respect thereto, all as certified by the
17 Director of the Bureau of the Budget (now Governor's Office of
18 Management and Budget). If on the last business day of any
19 month in which Bonds are outstanding pursuant to the Build
20 Illinois Bond Act, the aggregate of moneys deposited into in
21 the Build Illinois Bond Account in the Build Illinois Fund in
22 such month shall be less than the amount required to be
23 transferred in such month from the Build Illinois Bond Account
24 to the Build Illinois Bond Retirement and Interest Fund
25 pursuant to Section 13 of the Build Illinois Bond Act, an
26 amount equal to such deficiency shall be immediately paid from
SB2111 Enrolled - 1030 - LRB104 09876 LNS 19944 b
1 other moneys received by the Department pursuant to the Tax
2 Acts to the Build Illinois Fund; provided, however, that any
3 amounts paid to the Build Illinois Fund in any fiscal year
4 pursuant to this sentence shall be deemed to constitute
5 payments pursuant to clause (b) of the first sentence of this
6 paragraph and shall reduce the amount otherwise payable for
7 such fiscal year pursuant to that clause (b). The moneys
8 received by the Department pursuant to this Act and required
9 to be deposited into the Build Illinois Fund are subject to the
10 pledge, claim and charge set forth in Section 12 of the Build
11 Illinois Bond Act.
12 Subject to payment of amounts into the Build Illinois Fund
13 as provided in the preceding paragraph or in any amendment
14 thereto hereafter enacted, the following specified monthly
15 installment of the amount requested in the certificate of the
16 Chairman of the Metropolitan Pier and Exposition Authority
17 provided under Section 8.25f of the State Finance Act, but not
18 in excess of sums designated as "Total Deposit", shall be
19 deposited in the aggregate from collections under Section 9 of
20 the Use Tax Act, Section 9 of the Service Use Tax Act, Section
21 9 of the Service Occupation Tax Act, and Section 3 of the
22 Retailers' Occupation Tax Act into the McCormick Place
23 Expansion Project Fund in the specified fiscal years.
24 Fiscal Year Total Deposit
25 1993 $0
26 1994 53,000,000
SB2111 Enrolled - 1031 - LRB104 09876 LNS 19944 b
1 1995 58,000,000
61,000,000
2 1996 64,000,000
68,000,000
3 1997 71,000,000
75,000,000
4 1998 80,000,000
93,000,000
5 1999 99,000,000
103,000,000
6 2000 108,000,000
113,000,000
7 2001 119,000,000
126,000,000
8 2002 132,000,000
139,000,000
9 2003 146,000,000
153,000,000
10 2004 161,000,000
170,000,000
11 2005 179,000,000
189,000,000
12 2006 199,000,000
210,000,000
13 2007 221,000,000
233,000,000
14 2008
15 2009
16 2010
17 2011
18 2012
19 2013
20 2014
21 2015
22 2016
23 2017
24 2018
25 2019
26 2020
SB2111 Enrolled - 1032 - LRB104 09876 LNS 19944 b
1 2021 300,000,000
2 2022 300,000,000
3 2023 300,000,000
4 2024 300,000,000
5 2025 300,000,000
6 2026 300,000,000
7 2027 375,000,000
8 2028 375,000,000
9 2029 375,000,000
10 2030 375,000,000
11 2031 375,000,000
12 2032 375,000,000
13 2033 375,000,000
14 2034 375,000,000
15 2035 375,000,000
16 2036 450,000,000
17 and
18 each fiscal year
19 thereafter that bonds
20 are outstanding under
21 Section 13.2 of the
22 Metropolitan Pier and
23 Exposition Authority Act,
24 but not after fiscal year 2060.
25 Beginning July 20, 1993 and in each month of each fiscal
26 year thereafter, one-eighth of the amount requested in the
SB2111 Enrolled - 1033 - LRB104 09876 LNS 19944 b
1 certificate of the Chairman of the Metropolitan Pier and
2 Exposition Authority for that fiscal year, less the amount
3 deposited into the McCormick Place Expansion Project Fund by
4 the State Treasurer in the respective month under subsection
5 (g) of Section 13 of the Metropolitan Pier and Exposition
6 Authority Act, plus cumulative deficiencies in the deposits
7 required under this Section for previous months and years,
8 shall be deposited into the McCormick Place Expansion Project
9 Fund, until the full amount requested for the fiscal year, but
10 not in excess of the amount specified above as "Total
11 Deposit", has been deposited.
12 Subject to payment of amounts into the Capital Projects
13 Fund, the Clean Air Act Permit Fund, the Build Illinois Fund,
14 and the McCormick Place Expansion Project Fund pursuant to the
15 preceding paragraphs or in any amendments thereto hereafter
16 enacted, for aviation fuel sold on or after December 1, 2019,
17 the Department shall each month deposit into the Aviation Fuel
18 Sales Tax Refund Fund an amount estimated by the Department to
19 be required for refunds of the 80% portion of the tax on
20 aviation fuel under this Act. The Department shall only
21 deposit moneys into the Aviation Fuel Sales Tax Refund Fund
22 under this paragraph for so long as the revenue use
23 requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are
24 binding on the State.
25 Subject to payment of amounts into the Build Illinois Fund
26 and the McCormick Place Expansion Project Fund pursuant to the
SB2111 Enrolled - 1034 - LRB104 09876 LNS 19944 b
1 preceding paragraphs or in any amendments thereto hereafter
2 enacted, beginning July 1, 1993 and ending on September 30,
3 2013, the Department shall each month pay into the Illinois
4 Tax Increment Fund 0.27% of 80% of the net revenue realized for
5 the preceding month from the 6.25% general rate on the selling
6 price of tangible personal property.
7 Subject to payment of amounts into the Build Illinois
8 Fund, the McCormick Place Expansion Project Fund, and the
9 Illinois Tax Increment Fund pursuant to the preceding
10 paragraphs or in any amendments to this Section hereafter
11 enacted, beginning on the first day of the first calendar
12 month to occur on or after August 26, 2014 (the effective date
13 of Public Act 98-1098), each month, from the collections made
14 under Section 9 of the Use Tax Act, Section 9 of the Service
15 Use Tax Act, Section 9 of the Service Occupation Tax Act, and
16 Section 3 of the Retailers' Occupation Tax Act, the Department
17 shall pay into the Tax Compliance and Administration Fund, to
18 be used, subject to appropriation, to fund additional auditors
19 and compliance personnel at the Department of Revenue, an
20 amount equal to 1/12 of 5% of 80% of the cash receipts
21 collected during the preceding fiscal year by the Audit Bureau
22 of the Department under the Use Tax Act, the Service Use Tax
23 Act, the Service Occupation Tax Act, the Retailers' Occupation
24 Tax Act, and associated local occupation and use taxes
25 administered by the Department.
26 Subject to payments of amounts into the Build Illinois
SB2111 Enrolled - 1035 - LRB104 09876 LNS 19944 b
1 Fund, the McCormick Place Expansion Project Fund, the Illinois
2 Tax Increment Fund, the Energy Infrastructure Fund, and the
3 Tax Compliance and Administration Fund as provided in this
4 Section, beginning on July 1, 2018 the Department shall pay
5 each month into the Downstate Public Transportation Fund the
6 moneys required to be so paid under Section 2-3 of the
7 Downstate Public Transportation Act.
8 Subject to successful execution and delivery of a
9 public-private agreement between the public agency and private
10 entity and completion of the civic build, beginning on July 1,
11 2023, of the remainder of the moneys received by the
12 Department under the Use Tax Act, the Service Use Tax Act, the
13 Service Occupation Tax Act, and this Act, the Department shall
14 deposit the following specified deposits in the aggregate from
15 collections under the Use Tax Act, the Service Use Tax Act, the
16 Service Occupation Tax Act, and the Retailers' Occupation Tax
17 Act, as required under Section 8.25g of the State Finance Act
18 for distribution consistent with the Public-Private
19 Partnership for Civic and Transit Infrastructure Project Act.
20 The moneys received by the Department pursuant to this Act and
21 required to be deposited into the Civic and Transit
22 Infrastructure Fund are subject to the pledge, claim and
23 charge set forth in Section 25-55 of the Public-Private
24 Partnership for Civic and Transit Infrastructure Project Act.
25 As used in this paragraph, "civic build", "private entity",
26 "public-private agreement", and "public agency" have the
SB2111 Enrolled - 1036 - LRB104 09876 LNS 19944 b
1 meanings provided in Section 25-10 of the Public-Private
2 Partnership for Civic and Transit Infrastructure Project Act.
3 Fiscal Year ............................ Total Deposit
4 2024 .................................... $200,000,000
5 2025 .................................... $206,000,000
6 2026 .................................... $212,200,000
7 2027 .................................... $218,500,000
8 2028 .................................... $225,100,000
9 2029 .................................... $288,700,000
10 2030 .................................... $298,900,000
11 2031 .................................... $309,300,000
12 2032 .................................... $320,100,000
13 2033 .................................... $331,200,000
14 2034 .................................... $341,200,000
15 2035 .................................... $351,400,000
16 2036 .................................... $361,900,000
17 2037 .................................... $372,800,000
18 2038 .................................... $384,000,000
19 2039 .................................... $395,500,000
20 2040 .................................... $407,400,000
21 2041 .................................... $419,600,000
22 2042 .................................... $432,200,000
23 2043 .................................... $445,100,000
24 Beginning July 1, 2021 and until July 1, 2022, subject to
25 the payment of amounts into the County and Mass Transit
26 District Fund, the Local Government Tax Fund, the Build
SB2111 Enrolled - 1037 - LRB104 09876 LNS 19944 b
1 Illinois Fund, the McCormick Place Expansion Project Fund, the
2 Illinois Tax Increment Fund, and the Tax Compliance and
3 Administration Fund as provided in this Section, the
4 Department shall pay each month into the Road Fund the amount
5 estimated to represent 16% of the net revenue realized from
6 the taxes imposed on motor fuel and gasohol. Beginning July 1,
7 2022 and until July 1, 2023, subject to the payment of amounts
8 into the County and Mass Transit District Fund, the Local
9 Government Tax Fund, the Build Illinois Fund, the McCormick
10 Place Expansion Project Fund, the Illinois Tax Increment Fund,
11 and the Tax Compliance and Administration Fund as provided in
12 this Section, the Department shall pay each month into the
13 Road Fund the amount estimated to represent 32% of the net
14 revenue realized from the taxes imposed on motor fuel and
15 gasohol. Beginning July 1, 2023 and until July 1, 2024,
16 subject to the payment of amounts into the County and Mass
17 Transit District Fund, the Local Government Tax Fund, the
18 Build Illinois Fund, the McCormick Place Expansion Project
19 Fund, the Illinois Tax Increment Fund, and the Tax Compliance
20 and Administration Fund as provided in this Section, the
21 Department shall pay each month into the Road Fund the amount
22 estimated to represent 48% of the net revenue realized from
23 the taxes imposed on motor fuel and gasohol. Beginning July 1,
24 2024 and until July 1, 2026, subject to the payment of amounts
25 into the County and Mass Transit District Fund, the Local
26 Government Tax Fund, the Build Illinois Fund, the McCormick
SB2111 Enrolled - 1038 - LRB104 09876 LNS 19944 b
1 Place Expansion Project Fund, the Illinois Tax Increment Fund,
2 and the Tax Compliance and Administration Fund as provided in
3 this Section, the Department shall pay each month into the
4 Road Fund the amount estimated to represent 64% of the net
5 revenue realized from the taxes imposed on motor fuel and
6 gasohol. Beginning on July 1, 2026, subject to the payment of
7 amounts into the County and Mass Transit District Fund, the
8 Local Government Tax Fund, the Build Illinois Fund, the
9 McCormick Place Expansion Project Fund, the Illinois Tax
10 Increment Fund, and the Tax Compliance and Administration Fund
11 as provided in this Section, the Department shall pay each
12 month into the Public Transportation Fund and the Downstate
13 Public Transportation Road Fund the amount estimated to
14 represent 80% of the net revenue realized from the taxes
15 imposed on motor fuel and gasohol. Moneys shall be apportioned
16 as follows: 85% into the Public Transportation Fund and 15%
17 into the Downstate Public Transportation Fund. As used in this
18 paragraph "motor fuel" has the meaning given to that term in
19 Section 1.1 of the Motor Fuel Tax Law, and "gasohol" has the
20 meaning given to that term in Section 3-40 of the Use Tax Act.
21 Until July 1, 2025, of the remainder of the moneys
22 received by the Department pursuant to this Act, 75% thereof
23 shall be paid into the State treasury and 25% shall be reserved
24 in a special account and used only for the transfer to the
25 Common School Fund as part of the monthly transfer from the
26 General Revenue Fund in accordance with Section 8a of the
SB2111 Enrolled - 1039 - LRB104 09876 LNS 19944 b
1 State Finance Act. Beginning July 1, 2025, of the remainder of
2 the moneys received by the Department pursuant to this Act,
3 75% shall be deposited into the General Revenue Fund and 25%
4 shall be deposited into the Common School Fund.
5 The Department may, upon separate written notice to a
6 taxpayer, require the taxpayer to prepare and file with the
7 Department on a form prescribed by the Department within not
8 less than 60 days after receipt of the notice an annual
9 information return for the tax year specified in the notice.
10 Such annual return to the Department shall include a statement
11 of gross receipts as shown by the retailer's last federal
12 income tax return. If the total receipts of the business as
13 reported in the federal income tax return do not agree with the
14 gross receipts reported to the Department of Revenue for the
15 same period, the retailer shall attach to his annual return a
16 schedule showing a reconciliation of the 2 amounts and the
17 reasons for the difference. The retailer's annual return to
18 the Department shall also disclose the cost of goods sold by
19 the retailer during the year covered by such return, opening
20 and closing inventories of such goods for such year, costs of
21 goods used from stock or taken from stock and given away by the
22 retailer during such year, payroll information of the
23 retailer's business during such year and any additional
24 reasonable information which the Department deems would be
25 helpful in determining the accuracy of the monthly, quarterly,
26 or annual returns filed by such retailer as provided for in
SB2111 Enrolled - 1040 - LRB104 09876 LNS 19944 b
1 this Section.
2 If the annual information return required by this Section
3 is not filed when and as required, the taxpayer shall be liable
4 as follows:
5 (i) Until January 1, 1994, the taxpayer shall be
6 liable for a penalty equal to 1/6 of 1% of the tax due from
7 such taxpayer under this Act during the period to be
8 covered by the annual return for each month or fraction of
9 a month until such return is filed as required, the
10 penalty to be assessed and collected in the same manner as
11 any other penalty provided for in this Act.
12 (ii) On and after January 1, 1994, the taxpayer shall
13 be liable for a penalty as described in Section 3-4 of the
14 Uniform Penalty and Interest Act.
15 The chief executive officer, proprietor, owner, or highest
16 ranking manager shall sign the annual return to certify the
17 accuracy of the information contained therein. Any person who
18 willfully signs the annual return containing false or
19 inaccurate information shall be guilty of perjury and punished
20 accordingly. The annual return form prescribed by the
21 Department shall include a warning that the person signing the
22 return may be liable for perjury.
23 The provisions of this Section concerning the filing of an
24 annual information return do not apply to a retailer who is not
25 required to file an income tax return with the United States
26 Government.
SB2111 Enrolled - 1041 - LRB104 09876 LNS 19944 b
1 As soon as possible after the first day of each month, upon
2 certification of the Department of Revenue, the Comptroller
3 shall order transferred and the Treasurer shall transfer from
4 the General Revenue Fund to the Motor Fuel Tax Fund an amount
5 equal to 1.7% of 80% of the net revenue realized under this Act
6 for the second preceding month. Beginning April 1, 2000, this
7 transfer is no longer required and shall not be made.
8 Net revenue realized for a month shall be the revenue
9 collected by the State pursuant to this Act, less the amount
10 paid out during that month as refunds to taxpayers for
11 overpayment of liability.
12 For greater simplicity of administration, manufacturers,
13 importers and wholesalers whose products are sold at retail in
14 Illinois by numerous retailers, and who wish to do so, may
15 assume the responsibility for accounting and paying to the
16 Department all tax accruing under this Act with respect to
17 such sales, if the retailers who are affected do not make
18 written objection to the Department to this arrangement.
19 Any person who promotes, organizes, or provides retail
20 selling space for concessionaires or other types of sellers at
21 the Illinois State Fair, DuQuoin State Fair, county fairs,
22 local fairs, art shows, flea markets, and similar exhibitions
23 or events, including any transient merchant as defined by
24 Section 2 of the Transient Merchant Act of 1987, is required to
25 file a report with the Department providing the name of the
26 merchant's business, the name of the person or persons engaged
SB2111 Enrolled - 1042 - LRB104 09876 LNS 19944 b
1 in merchant's business, the permanent address and Illinois
2 Retailers Occupation Tax Registration Number of the merchant,
3 the dates and location of the event, and other reasonable
4 information that the Department may require. The report must
5 be filed not later than the 20th day of the month next
6 following the month during which the event with retail sales
7 was held. Any person who fails to file a report required by
8 this Section commits a business offense and is subject to a
9 fine not to exceed $250.
10 Any person engaged in the business of selling tangible
11 personal property at retail as a concessionaire or other type
12 of seller at the Illinois State Fair, county fairs, art shows,
13 flea markets, and similar exhibitions or events, or any
14 transient merchants, as defined by Section 2 of the Transient
15 Merchant Act of 1987, may be required to make a daily report of
16 the amount of such sales to the Department and to make a daily
17 payment of the full amount of tax due. The Department shall
18 impose this requirement when it finds that there is a
19 significant risk of loss of revenue to the State at such an
20 exhibition or event. Such a finding shall be based on evidence
21 that a substantial number of concessionaires or other sellers
22 who are not residents of Illinois will be engaging in the
23 business of selling tangible personal property at retail at
24 the exhibition or event, or other evidence of a significant
25 risk of loss of revenue to the State. The Department shall
26 notify concessionaires and other sellers affected by the
SB2111 Enrolled - 1043 - LRB104 09876 LNS 19944 b
1 imposition of this requirement. In the absence of notification
2 by the Department, the concessionaires and other sellers shall
3 file their returns as otherwise required in this Section.
4 (Source: P.A. 103-9, eff. 6-7-23; 103-154, eff. 6-30-23;
5 103-363, eff. 7-28-23; 103-592, Article 75, Section 75-20,
6 eff. 1-1-25; 103-592, Article 110, Section 110-20, eff.
7 6-7-24; 103-605, eff. 7-1-24; 103-1055, eff. 12-20-24; 104-6,
8 Article 5, Section 5-25, eff. 6-16-25; 104-6, Article 25,
9 Section 25-20, eff. 6-16-25; 104-6, Article 35, Section 35-35,
10 eff. 6-16-25; revised 7-21-25.)
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.Every fact on this page links to its source, starting with the official bill record.