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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

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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.

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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

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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

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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)

SB2111 Enrolled - 35 - LRB104 09876 LNS 19944 b
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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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,

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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

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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

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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

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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

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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

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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

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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,

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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.

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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 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

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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

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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

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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

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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

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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

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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,

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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

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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

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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

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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.)

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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

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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

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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

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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.

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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 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.)

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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,

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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

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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

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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,

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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

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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

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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)

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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

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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

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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

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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.

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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

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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

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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

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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.

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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

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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

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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,

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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.

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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

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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

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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

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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.)

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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

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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

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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

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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.

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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

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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

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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

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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

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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

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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

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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

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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

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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,

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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

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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

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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

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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

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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

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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

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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

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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

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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)

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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.

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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

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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

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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

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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

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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

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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

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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

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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,

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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

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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,

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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

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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.

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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),

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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

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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

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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

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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

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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

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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.

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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		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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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;

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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.

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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

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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.

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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

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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

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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

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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

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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

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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

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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.)

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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

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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

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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

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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

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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

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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

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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

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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

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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,

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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

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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

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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

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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

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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

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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

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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

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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).

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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

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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

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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;

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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

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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,

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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.

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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,

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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.

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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

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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

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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.

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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

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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

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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

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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

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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

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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.)

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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

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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

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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,

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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

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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.

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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.

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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

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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.

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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.

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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.

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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

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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.

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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;

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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)

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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

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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

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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

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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

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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,

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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.

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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:

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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

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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

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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

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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

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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

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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

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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

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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

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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.

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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

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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

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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;

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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

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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

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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.

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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;

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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;

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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

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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

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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

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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

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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

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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

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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

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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.

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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

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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

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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

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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

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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

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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

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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

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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

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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;

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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

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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

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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,

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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

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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

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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

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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

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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

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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.

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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

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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

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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

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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

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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

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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

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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

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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;

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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.

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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

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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

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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

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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.

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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

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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

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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

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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

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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.

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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:

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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-way right 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

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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

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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

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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

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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.

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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

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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

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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

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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.

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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

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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.

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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

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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

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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

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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

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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.

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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

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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.

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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

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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.)

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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,

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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

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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

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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

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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

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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.

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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.

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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

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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.

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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;

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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;

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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

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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:

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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.

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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;

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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.

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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:

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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

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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

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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.)

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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.

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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.)

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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:

SB2111 Enrolled - 710 - LRB104 09876 LNS 19944 b
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

SB2111 Enrolled - 711 - LRB104 09876 LNS 19944 b
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

SB2111 Enrolled - 712 - LRB104 09876 LNS 19944 b
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

SB2111 Enrolled - 713 - LRB104 09876 LNS 19944 b
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.

SB2111 Enrolled - 714 - LRB104 09876 LNS 19944 b
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		Transit Regional Transportation Authority Act", enacted by the
21		78th General Assembly.
22		(Source: P.A. 78-3rd S.S.-12.)

SB2111 Enrolled - 715 - LRB104 09876 LNS 19944 b
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

SB2111 Enrolled - 716 - LRB104 09876 LNS 19944 b
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

SB2111 Enrolled - 717 - LRB104 09876 LNS 19944 b
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

SB2111 Enrolled - 718 - LRB104 09876 LNS 19944 b
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

SB2111 Enrolled - 719 - LRB104 09876 LNS 19944 b
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

SB2111 Enrolled - 720 - LRB104 09876 LNS 19944 b
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

SB2111 Enrolled - 721 - LRB104 09876 LNS 19944 b
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

SB2111 Enrolled - 722 - LRB104 09876 LNS 19944 b
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)).

SB2111 Enrolled - 723 - LRB104 09876 LNS 19944 b
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,

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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

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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:

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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

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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

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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

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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

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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

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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.

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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

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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

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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

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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

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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

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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

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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

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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,

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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;

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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

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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.

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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.

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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

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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.

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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

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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.

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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

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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

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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

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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

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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

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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

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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

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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

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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.

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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

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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

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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

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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

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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

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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

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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.

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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

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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

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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

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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

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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

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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

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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

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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:

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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

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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

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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

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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

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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

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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

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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

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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

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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.

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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,

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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

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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

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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

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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

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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.

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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-way right 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

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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:

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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.

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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.

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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.

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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.

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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

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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.

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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

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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

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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.

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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;

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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

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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

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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

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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

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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).

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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

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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

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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)

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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

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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.)

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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.)

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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

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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.)

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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.

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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

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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

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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 2 2012 153,000,000 3 2013 161,000,000 4 2014 170,000,000 5 2015 179,000,000 6 2016 189,000,000 7 2017 199,000,000 8 2018 210,000,000 9 2019 221,000,000 10 2020 233,000,000 11 2021 300,000,000 12 2022 300,000,000 13 2023 300,000,000 14 2024 300,000,000 15 2025 300,000,000 16 2026 300,000,000 17 2027 375,000,000 18 2028 375,000,000 19 2029 375,000,000 20 2030 375,000,000 21 2031 375,000,000 22 2032 375,000,000 23 2033 375,000,000 24 2034 375,000,000 25 2035 375,000,000 26 2036 450,000,000

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 5 1993          $0 6 1994 53,000,000 7 1995 58,000,000 8 1996 61,000,000 9 1997 64,000,000 10 1998 68,000,000 11 1999 71,000,000 12 2000 75,000,000 13 2001 80,000,000 14 2002 93,000,000 15 2003 99,000,000 16 2004 103,000,000 17 2005 108,000,000 18 2006 113,000,000 19 2007 119,000,000 20 2008 126,000,000 21 2009 132,000,000 22 2010 139,000,000 23 2011 146,000,000 24 2012 153,000,000 25 2013 161,000,000

SB2111 Enrolled - 961 - LRB104 09876 LNS 19944 b

1 2014 170,000,000 2 2015 179,000,000 3 2016 189,000,000 4 2017 199,000,000 5 2018 210,000,000 6 2019 221,000,000 7 2020 233,000,000 8 2021 300,000,000 9 2022 300,000,000 10 2023 300,000,000 11 2024 300,000,000 12 2025 300,000,000 13 2026 300,000,000 14 2027 375,000,000 15 2028 375,000,000 16 2029 375,000,000 17 2030 375,000,000 18 2031 375,000,000 19 2032 375,000,000 20 2033 375,000,000 21 2034 375,000,000 22 2035 375,000,000 23 2036 450,000,000 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

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1 1993          $0 2 1994 53,000,000 3 1995 58,000,000 4 1996 61,000,000 5 1997 64,000,000 6 1998 68,000,000 7 1999 71,000,000 8 2000 75,000,000 9 2001 80,000,000 10 2002 93,000,000 11 2003 99,000,000 12 2004 103,000,000 13 2005 108,000,000 14 2006 113,000,000 15 2007 119,000,000 16 2008 126,000,000 17 2009 132,000,000 18 2010 139,000,000 19 2011 146,000,000 20 2012 153,000,000 21 2013 161,000,000 22 2014 170,000,000 23 2015 179,000,000 24 2016 189,000,000 25 2017 199,000,000 26 2018 210,000,000

SB2111 Enrolled - 986 - LRB104 09876 LNS 19944 b

1 2019 221,000,000 2 2020 233,000,000 3 2021 300,000,000 4 2022 300,000,000 5 2023 300,000,000 6 2024 300,000,000 7 2025 300,000,000 8 2026 300,000,000 9 2027 375,000,000 10 2028 375,000,000 11 2029 375,000,000 12 2030 375,000,000 13 2031 375,000,000 14 2032 375,000,000 15 2033 375,000,000 16 2034 375,000,000 17 2035 375,000,000 18 2036 450,000,000 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.

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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.

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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 2 1996 61,000,000 3 1997 64,000,000 4 1998 68,000,000 5 1999 71,000,000 6 2000 75,000,000 7 2001 80,000,000 8 2002 93,000,000 9 2003 99,000,000 10 2004 103,000,000 11 2005 108,000,000 12 2006 113,000,000 13 2007 119,000,000 14 2008 126,000,000 15 2009 132,000,000 16 2010 139,000,000 17 2011 146,000,000 18 2012 153,000,000 19 2013 161,000,000 20 2014 170,000,000 21 2015 179,000,000 22 2016 189,000,000 23 2017 199,000,000 24 2018 210,000,000 25 2019 221,000,000 26 2020 233,000,000

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

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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.