103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4342

 

Introduced 1/16/2024, by Rep. Rita Mayfield

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Regional Transportation Authority Act. Provides that, beginning in the fiscal year next following the effective date of the amendatory Act, the Suburban Bus Division's revenue recovery ratio may not include fares for any area within the jurisdiction of the Suburban Bus Board in which more than 45% of households are low-income households or very low-income households or any area within the jurisdiction of the Suburban Bus Board in which more than 45% of residents are minority persons. Provides that the Authority must provide the Suburban Bus Division with any funding assistance the Suburban Bus Board determines is needed to maintain routes in any area within the jurisdiction of the Suburban Bus Board in which more than 45% of households are low-income households or very low-income households or any area within the jurisdiction of the Suburban Bus Board in which more than 45% of persons are minority persons. Provides that the Suburban Bus Board must annually, before the close of the Suburban Bus Board's fiscal year, provide to the Authority (i) the boundaries of each area within the jurisdiction of the Suburban Bus Board in which more than 45% of households are low-income households or very low-income households and each area within the jurisdiction of the Suburban Bus Board in which more than 45% of residents are minority persons and (ii) the amount of funding assistance needed to maintain those routes. Amends the State Mandates Act to require implementation without reimbursement.


LRB103 35589 AWJ 65661 b

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

 

 

A BILL FOR

 

HB4342LRB103 35589 AWJ 65661 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Regional Transportation Authority Act is
5amended by changing Sections 4.01, 4.09 and 4.11 and by adding
6Section 4.17 as follows:
 
7    (70 ILCS 3615/4.01)  (from Ch. 111 2/3, par. 704.01)
8    Sec. 4.01. Budget and Program.
9    (a) The Board shall control the finances of the Authority.
10It shall by ordinance adopted by the affirmative vote of at
11least 12 of its then Directors (i) appropriate money to
12perform the Authority's purposes and provide for payment of
13debts and expenses of the Authority, (ii) take action with
14respect to the budget and two-year financial plan of each
15Service Board, as provided in Section 4.11, and (iii) adopt an
16Annual Budget and Two-Year Financial Plan for the Authority
17that includes the annual budget and two-year financial plan of
18each Service Board that has been approved by the Authority.
19The Annual Budget and Two-Year Financial Plan shall contain a
20statement of the funds estimated to be on hand for the
21Authority and each Service Board at the beginning of the
22fiscal year, the funds estimated to be received from all
23sources for such year, the estimated expenses and obligations

 

 

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1of the Authority and each Service Board for all purposes,
2including expenses for contributions to be made with respect
3to pension and other employee benefits, and the funds
4estimated to be on hand at the end of such year. The fiscal
5year of the Authority and each Service Board shall begin on
6January 1st and end on the succeeding December 31st. By July
71st of each year the Director of the Illinois Governor's
8Office of Management and Budget (formerly Bureau of the
9Budget) shall submit to the Authority an estimate of revenues
10for the next fiscal year of the Authority to be collected from
11the taxes imposed by the Authority and the amounts to be
12available in the Public Transportation Fund and the Regional
13Transportation Authority Occupation and Use Tax Replacement
14Fund and the amounts otherwise to be appropriated by the State
15to the Authority for its purposes. The Authority shall file a
16copy of its Annual Budget and Two-Year Financial Plan with the
17General Assembly and the Governor after its adoption. Before
18the proposed Annual Budget and Two-Year Financial Plan is
19adopted, the Authority shall hold at least one public hearing
20thereon in the metropolitan region, and shall meet with the
21county board or its designee of each of the several counties in
22the metropolitan region. After conducting such hearings and
23holding such meetings and after making such changes in the
24proposed Annual Budget and Two-Year Financial Plan as the
25Board deems appropriate, the Board shall adopt its annual
26appropriation and Annual Budget and Two-Year Financial Plan

 

 

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1ordinance. The ordinance may be adopted only upon the
2affirmative votes of 12 of its then Directors. The ordinance
3shall appropriate such sums of money as are deemed necessary
4to defray all necessary expenses and obligations of the
5Authority, specifying purposes and the objects or programs for
6which appropriations are made and the amount appropriated for
7each object or program. Additional appropriations, transfers
8between items and other changes in such ordinance may be made
9from time to time by the Board upon the affirmative votes of 12
10of its then Directors.
11    (b) The Annual Budget and Two-Year Financial Plan shall
12show a balance between anticipated revenues from all sources
13and anticipated expenses including funding of operating
14deficits or the discharge of encumbrances incurred in prior
15periods and payment of principal and interest when due, and
16shall show cash balances sufficient to pay with reasonable
17promptness all obligations and expenses as incurred.
18    The Annual Budget and Two-Year Financial Plan must show:
19        (i) that the level of fares and charges for mass
20    transportation provided by, or under grant or purchase of
21    service contracts of, the Service Boards is sufficient to
22    cause the aggregate of all projected fare revenues from
23    such fares and charges received in each fiscal year to
24    equal at least 50% of the aggregate costs of providing
25    such public transportation in such fiscal year, excluding,
26    beginning with the Annual Budget and Two-Year Financial

 

 

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1    plan next following the effective date of this amendatory
2    Act of the 103rd General Assembly, fares and charges for
3    mass transportation to be collected by the Suburban Bus
4    Board within any area within its jurisdiction in which
5    more than 45% of households are low-income households or
6    very low-income households, as those terms are defined in
7    Section 3 of the Illinois Affordable Housing Act, and any
8    area in its jurisdiction in which more than 45% of
9    residents are minority persons, as that term is defined in
10    Section 2 of the Business Enterprise for Minorities,
11    Women, and Persons with Disabilities Act. However, due to
12    the fiscal impacts of the COVID-19 pandemic, the aggregate
13    of all projected fare revenues from such fares and charges
14    received in fiscal years 2021, 2022, 2023, 2024, and 2025
15    may be less than 50% of the aggregate costs of providing
16    such public transportation in those fiscal years. "Fare
17    revenues" include the proceeds of all fares and charges
18    for services provided, contributions received in
19    connection with public transportation from units of local
20    government other than the Authority, except for
21    contributions received by the Chicago Transit Authority
22    from a real estate transfer tax imposed under subsection
23    (i) of Section 8-3-19 of the Illinois Municipal Code, and
24    from the State pursuant to subsection (i) of Section
25    2705-305 of the Department of Transportation Law (20 ILCS
26    2705/2705-305), and all other operating revenues properly

 

 

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1    included consistent with generally accepted accounting
2    principles but do not include: the proceeds of any
3    borrowings, and, beginning with the 2007 fiscal year, all
4    revenues and receipts, including but not limited to fares
5    and grants received from the federal, State or any unit of
6    local government or other entity, derived from providing
7    ADA paratransit service pursuant to Section 2.30 of the
8    Regional Transportation Authority Act. "Costs" include all
9    items properly included as operating costs consistent with
10    generally accepted accounting principles, including
11    administrative costs, but do not include: depreciation;
12    payment of principal and interest on bonds, notes or other
13    evidences of obligation for borrowed money issued by the
14    Authority; payments with respect to public transportation
15    facilities made pursuant to subsection (b) of Section 2.20
16    of this Act; any payments with respect to rate protection
17    contracts, credit enhancements or liquidity agreements
18    made under Section 4.14; any other cost to which it is
19    reasonably expected that a cash expenditure will not be
20    made; costs for passenger security including grants,
21    contracts, personnel, equipment and administrative
22    expenses, except in the case of the Chicago Transit
23    Authority, in which case the term does not include costs
24    spent annually by that entity for protection against crime
25    as required by Section 27a of the Metropolitan Transit
26    Authority Act; the payment by the Chicago Transit

 

 

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1    Authority of Debt Service, as defined in Section 12c of
2    the Metropolitan Transit Authority Act, on bonds or notes
3    issued pursuant to that Section; the payment by the
4    Commuter Rail Division of debt service on bonds issued
5    pursuant to Section 3B.09; expenses incurred by the
6    Suburban Bus Division for the cost of new public
7    transportation services funded from grants pursuant to
8    Section 2.01e of this amendatory Act of the 95th General
9    Assembly for a period of 2 years from the date of
10    initiation of each such service; costs as exempted by the
11    Board for projects pursuant to Section 2.09 of this Act;
12    or, beginning with the 2007 fiscal year, expenses related
13    to providing ADA paratransit service pursuant to Section
14    2.30 of the Regional Transportation Authority Act; and in
15    fiscal years 2008 through 2012 inclusive, costs in the
16    amount of $200,000,000 in fiscal year 2008, reducing by
17    $40,000,000 in each fiscal year thereafter until this
18    exemption is eliminated; and
19        (ii) that the level of fares charged for ADA
20    paratransit services is sufficient to cause the aggregate
21    of all projected revenues from such fares charged and
22    received in each fiscal year to equal at least 10% of the
23    aggregate costs of providing such ADA paratransit
24    services, excluding, beginning with the Annual Budget and
25    Two-Year Financial plan next following the effective date
26    of this amendatory Act of the 103rd General Assembly,

 

 

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1    fares and charges for mass transportation to be collected
2    by the Suburban Bus Board within any area within its
3    jurisdiction in which more than 45% of households are
4    low-income households or very low-income households, as
5    those terms are defined in Section 3 of the Illinois
6    Affordable Housing Act, and any area in its jurisdiction
7    in which more than 45% of residents are minority persons,
8    as that term is defined in Section 2 of the Business
9    Enterprise for Minorities, Women, and Persons with
10    Disabilities Act. However, due to the fiscal impacts of
11    the COVID-19 pandemic, the aggregate of all projected fare
12    revenues from such fares and charges received in fiscal
13    years 2021, 2022, 2023, 2024, and 2025 may be less than 10%
14    of the aggregate costs of providing such ADA paratransit
15    services in those fiscal years. For purposes of this Act,
16    the percentages in this subsection (b)(ii) shall be
17    referred to as the "system generated ADA paratransit
18    services revenue recovery ratio". For purposes of the
19    system generated ADA paratransit services revenue recovery
20    ratio, "costs" shall include all items properly included
21    as operating costs consistent with generally accepted
22    accounting principles. However, the Board may exclude from
23    costs an amount that does not exceed the allowable
24    "capital costs of contracting" for ADA paratransit
25    services pursuant to the Federal Transit Administration
26    guidelines for the Urbanized Area Formula Program.

 

 

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1    The Authority shall file a statement certifying that the
2Service Boards published the data described in subsection
3(b-5) with the General Assembly and the Governor after
4adoption of the Annual Budget and Two-Year Financial Plan
5required by subsection (a). If the Authority fails to file a
6statement certifying publication of the data, then the
7appropriations to the Department of Transportation for grants
8to the Authority intended to reimburse the Service Boards for
9providing free and reduced fares shall be withheld.
10    (b-5) For fiscal years 2024 and 2025, the Service Boards
11must publish a monthly comprehensive set of data regarding
12transit service and safety. The data included shall include
13information to track operations including:
14        (1) staffing levels, including numbers of budgeted
15    positions, current positions employed, hired staff,
16    attrition, staff in training, and absenteeism rates;
17        (2) scheduled service and delivered service, including
18    percentage of scheduled service delivered by day, service
19    by mode of transportation, service by route and rail line,
20    total number of revenue miles driven, excess wait times by
21    day, by mode of transportation, by bus route, and by stop;
22    and
23        (3) safety on the system, including the number of
24    incidents of crime and code of conduct violations on
25    system, any performance measures used to evaluate the
26    effectiveness of investments in private security, safety

 

 

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1    equipment, and other security investments in the system.
2    If no performance measures exist to evaluate the
3    effectiveness of these safety investments, the Service
4    Boards and Authority shall develop and publish these
5    performance measures.
6    The Authority and Service Boards shall solicit input and
7ideas on publishing data on the service reliability,
8operations, and safety of the system from the public and
9groups representing transit riders, workers, and businesses.
10    (c) The actual administrative expenses of the Authority
11for the fiscal year commencing January 1, 1985 may not exceed
12$5,000,000. The actual administrative expenses of the
13Authority for the fiscal year commencing January 1, 1986, and
14for each fiscal year thereafter shall not exceed the maximum
15administrative expenses for the previous fiscal year plus 5%.
16"Administrative expenses" are defined for purposes of this
17Section as all expenses except: (1) capital expenses and
18purchases of the Authority on behalf of the Service Boards;
19(2) payments to Service Boards; and (3) payment of principal
20and interest on bonds, notes or other evidence of obligation
21for borrowed money issued by the Authority; (4) costs for
22passenger security including grants, contracts, personnel,
23equipment and administrative expenses; (5) payments with
24respect to public transportation facilities made pursuant to
25subsection (b) of Section 2.20 of this Act; and (6) any
26payments with respect to rate protection contracts, credit

 

 

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1enhancements or liquidity agreements made pursuant to Section
24.14.
3    (d) This subsection applies only until the Department
4begins administering and enforcing an increased tax under
5Section 4.03(m) as authorized by this amendatory Act of the
695th General Assembly. After withholding 15% of the proceeds
7of any tax imposed by the Authority and 15% of money received
8by the Authority from the Regional Transportation Authority
9Occupation and Use Tax Replacement Fund, the Board shall
10allocate the proceeds and money remaining to the Service
11Boards as follows: (1) an amount equal to 85% of the proceeds
12of those taxes collected within the City of Chicago and 85% of
13the money received by the Authority on account of transfers to
14the Regional Transportation Authority Occupation and Use Tax
15Replacement Fund from the County and Mass Transit District
16Fund attributable to retail sales within the City of Chicago
17shall be allocated to the Chicago Transit Authority; (2) an
18amount equal to 85% of the proceeds of those taxes collected
19within Cook County outside the City of Chicago and 85% of the
20money received by the Authority on account of transfers to the
21Regional Transportation Authority Occupation and Use Tax
22Replacement Fund from the County and Mass Transit District
23Fund attributable to retail sales within Cook County outside
24of the city of Chicago shall be allocated 30% to the Chicago
25Transit Authority, 55% to the Commuter Rail Board and 15% to
26the Suburban Bus Board; and (3) an amount equal to 85% of the

 

 

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1proceeds of the taxes collected within the Counties of DuPage,
2Kane, Lake, McHenry and Will shall be allocated 70% to the
3Commuter Rail Board and 30% to the Suburban Bus Board.
4    (e) This subsection applies only until the Department
5begins administering and enforcing an increased tax under
6Section 4.03(m) as authorized by this amendatory Act of the
795th General Assembly. Moneys received by the Authority on
8account of transfers to the Regional Transportation Authority
9Occupation and Use Tax Replacement Fund from the State and
10Local Sales Tax Reform Fund shall be allocated among the
11Authority and the Service Boards as follows: 15% of such
12moneys shall be retained by the Authority and the remaining
1385% shall be transferred to the Service Boards as soon as may
14be practicable after the Authority receives payment. Moneys
15which are distributable to the Service Boards pursuant to the
16preceding sentence shall be allocated among the Service Boards
17on the basis of each Service Board's distribution ratio. The
18term "distribution ratio" means, for purposes of this
19subsection (e) of this Section 4.01, the ratio of the total
20amount distributed to a Service Board pursuant to subsection
21(d) of Section 4.01 for the immediately preceding calendar
22year to the total amount distributed to all of the Service
23Boards pursuant to subsection (d) of Section 4.01 for the
24immediately preceding calendar year.
25    (f) To carry out its duties and responsibilities under
26this Act, the Board shall employ staff which shall: (1)

 

 

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1propose for adoption by the Board of the Authority rules for
2the Service Boards that establish (i) forms and schedules to
3be used and information required to be provided with respect
4to a five-year capital program, annual budgets, and two-year
5financial plans and regular reporting of actual results
6against adopted budgets and financial plans, (ii) financial
7practices to be followed in the budgeting and expenditure of
8public funds, (iii) assumptions and projections that must be
9followed in preparing and submitting its annual budget and
10two-year financial plan or a five-year capital program; (2)
11evaluate for the Board public transportation programs operated
12or proposed by the Service Boards and transportation agencies
13in terms of the goals and objectives set out in the Strategic
14Plan; (3) keep the Board and the public informed of the extent
15to which the Service Boards and transportation agencies are
16meeting the goals and objectives adopted by the Authority in
17the Strategic Plan; and (4) assess the efficiency or adequacy
18of public transportation services provided by a Service Board
19and make recommendations for change in that service to the end
20that the moneys available to the Authority may be expended in
21the most economical manner possible with the least possible
22duplication.
23    (g) All Service Boards, transportation agencies,
24comprehensive planning agencies, including the Chicago
25Metropolitan Agency for Planning, or transportation planning
26agencies in the metropolitan region shall furnish to the

 

 

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1Authority such information pertaining to public transportation
2or relevant for plans therefor as it may from time to time
3require. The Executive Director, or his or her designee,
4shall, for the purpose of securing any such information
5necessary or appropriate to carry out any of the powers and
6responsibilities of the Authority under this Act, have access
7to, and the right to examine, all books, documents, papers or
8records of a Service Board or any transportation agency
9receiving funds from the Authority or Service Board, and such
10Service Board or transportation agency shall comply with any
11request by the Executive Director, or his or her designee,
12within 30 days or an extended time provided by the Executive
13Director.
14    (h) No Service Board shall undertake any capital
15improvement which is not identified in the Five-Year Capital
16Program.
17    (i) Each Service Board shall furnish to the Board access
18to its financial information including, but not limited to,
19audits and reports. The Board shall have real-time access to
20the financial information of the Service Boards; however, the
21Board shall be granted read-only access to the Service Board's
22financial information.
23(Source: P.A. 102-678, eff. 12-10-21; 103-281, eff. 1-1-24.)
 
24    (70 ILCS 3615/4.09)  (from Ch. 111 2/3, par. 704.09)
25    Sec. 4.09. Public Transportation Fund and the Regional

 

 

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1Transportation Authority Occupation and Use Tax Replacement
2Fund.
3    (a)(1) Except as otherwise provided in paragraph (4), as
4soon as possible after the first day of each month, beginning
5July 1, 1984, upon certification of the Department of Revenue,
6the Comptroller shall order transferred and the Treasurer
7shall transfer from the General Revenue Fund to a special fund
8in the State Treasury to be known as the Public Transportation
9Fund an amount equal to 25% of the net revenue, before the
10deduction of the serviceman and retailer discounts pursuant to
11Section 9 of the Service Occupation Tax Act and Section 3 of
12the Retailers' Occupation Tax Act, realized from any tax
13imposed by the Authority pursuant to Sections 4.03 and 4.03.1
14and 25% of the amounts deposited into the Regional
15Transportation Authority tax fund created by Section 4.03 of
16this Act, from the County and Mass Transit District Fund as
17provided in Section 6z-20 of the State Finance Act and 25% of
18the amounts deposited into the Regional Transportation
19Authority Occupation and Use Tax Replacement Fund from the
20State and Local Sales Tax Reform Fund as provided in Section
216z-17 of the State Finance Act. On the first day of the month
22following the date that the Department receives revenues from
23increased taxes under Section 4.03(m) as authorized by Public
24Act 95-708, in lieu of the transfers authorized in the
25preceding sentence, upon certification of the Department of
26Revenue, the Comptroller shall order transferred and the

 

 

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1Treasurer shall transfer from the General Revenue Fund to the
2Public Transportation Fund an amount equal to 25% of the net
3revenue, before the deduction of the serviceman and retailer
4discounts pursuant to Section 9 of the Service Occupation Tax
5Act and Section 3 of the Retailers' Occupation Tax Act,
6realized from (i) 80% of the proceeds of any tax imposed by the
7Authority at a rate of 1.25% in Cook County, (ii) 75% of the
8proceeds of any tax imposed by the Authority at the rate of 1%
9in Cook County, and (iii) one-third of the proceeds of any tax
10imposed by the Authority at the rate of 0.75% in the Counties
11of DuPage, Kane, Lake, McHenry, and Will, all pursuant to
12Section 4.03, and 25% of the net revenue realized from any tax
13imposed by the Authority pursuant to Section 4.03.1, and 25%
14of the amounts deposited into the Regional Transportation
15Authority tax fund created by Section 4.03 of this Act from the
16County and Mass Transit District Fund as provided in Section
176z-20 of the State Finance Act, and 25% of the amounts
18deposited into the Regional Transportation Authority
19Occupation and Use Tax Replacement Fund from the State and
20Local Sales Tax Reform Fund as provided in Section 6z-17 of the
21State Finance Act. As used in this Section, net revenue
22realized for a month shall be the revenue collected by the
23State pursuant to Sections 4.03 and 4.03.1 during the previous
24month from within the metropolitan region, less the amount
25paid out during that same month as refunds to taxpayers for
26overpayment of liability in the metropolitan region under

 

 

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1Sections 4.03 and 4.03.1.
2    Notwithstanding any provision of law to the contrary,
3beginning on July 6, 2017 (the effective date of Public Act
4100-23), those amounts required under this paragraph (1) of
5subsection (a) to be transferred by the Treasurer into the
6Public Transportation Fund from the General Revenue Fund shall
7be directly deposited into the Public Transportation Fund as
8the revenues are realized from the taxes indicated.
9    (2) Except as otherwise provided in paragraph (4), on
10February 1, 2009 (the first day of the month following the
11effective date of Public Act 95-708) and each month
12thereafter, upon certification by the Department of Revenue,
13the Comptroller shall order transferred and the Treasurer
14shall transfer from the General Revenue Fund to the Public
15Transportation Fund an amount equal to 5% of the net revenue,
16before the deduction of the serviceman and retailer discounts
17pursuant to Section 9 of the Service Occupation Tax Act and
18Section 3 of the Retailers' Occupation Tax Act, realized from
19any tax imposed by the Authority pursuant to Sections 4.03 and
204.03.1 and certified by the Department of Revenue under
21Section 4.03(n) of this Act to be paid to the Authority and 5%
22of the amounts deposited into the Regional Transportation
23Authority tax fund created by Section 4.03 of this Act from the
24County and Mass Transit District Fund as provided in Section
256z-20 of the State Finance Act, and 5% of the amounts deposited
26into the Regional Transportation Authority Occupation and Use

 

 

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1Tax Replacement Fund from the State and Local Sales Tax Reform
2Fund as provided in Section 6z-17 of the State Finance Act, and
35% of the revenue realized by the Chicago Transit Authority as
4financial assistance from the City of Chicago from the
5proceeds of any tax imposed by the City of Chicago under
6Section 8-3-19 of the Illinois Municipal Code.
7    Notwithstanding any provision of law to the contrary,
8beginning on July 6, 2017 (the effective date of Public Act
9100-23), those amounts required under this paragraph (2) of
10subsection (a) to be transferred by the Treasurer into the
11Public Transportation Fund from the General Revenue Fund shall
12be directly deposited into the Public Transportation Fund as
13the revenues are realized from the taxes indicated.
14    (3) Except as otherwise provided in paragraph (4), as soon
15as possible after the first day of January, 2009 and each month
16thereafter, upon certification of the Department of Revenue
17with respect to the taxes collected under Section 4.03, the
18Comptroller shall order transferred and the Treasurer shall
19transfer from the General Revenue Fund to the Public
20Transportation Fund an amount equal to 25% of the net revenue,
21before the deduction of the serviceman and retailer discounts
22pursuant to Section 9 of the Service Occupation Tax Act and
23Section 3 of the Retailers' Occupation Tax Act, realized from
24(i) 20% of the proceeds of any tax imposed by the Authority at
25a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any
26tax imposed by the Authority at the rate of 1% in Cook County,

 

 

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1and (iii) one-third of the proceeds of any tax imposed by the
2Authority at the rate of 0.75% in the Counties of DuPage, Kane,
3Lake, McHenry, and Will, all pursuant to Section 4.03, and the
4Comptroller shall order transferred and the Treasurer shall
5transfer from the General Revenue Fund to the Public
6Transportation Fund (iv) an amount equal to 25% of the revenue
7realized by the Chicago Transit Authority as financial
8assistance from the City of Chicago from the proceeds of any
9tax imposed by the City of Chicago under Section 8-3-19 of the
10Illinois Municipal Code.
11    Notwithstanding any provision of law to the contrary,
12beginning on July 6, 2017 (the effective date of Public Act
13100-23), those amounts required under this paragraph (3) of
14subsection (a) to be transferred by the Treasurer into the
15Public Transportation Fund from the General Revenue Fund shall
16be directly deposited into the Public Transportation Fund as
17the revenues are realized from the taxes indicated.
18    (4) Notwithstanding any provision of law to the contrary,
19of the transfers to be made under paragraphs (1), (2), and (3)
20of this subsection (a) from the General Revenue Fund to the
21Public Transportation Fund, the first $150,000,000 that would
22have otherwise been transferred from the General Revenue Fund
23shall be transferred from the Road Fund. The remaining balance
24of such transfers shall be made from the General Revenue Fund.
25    (5) (Blank).
26    (6) (Blank).

 

 

HB4342- 19 -LRB103 35589 AWJ 65661 b

1    (7) For State fiscal year 2020 only, notwithstanding any
2provision of law to the contrary, the total amount of revenue
3and deposits under this Section attributable to revenues
4realized during State fiscal year 2020 shall be reduced by 5%.
5    (8) For State fiscal year 2021 only, notwithstanding any
6provision of law to the contrary, the total amount of revenue
7and deposits under this Section attributable to revenues
8realized during State fiscal year 2021 shall be reduced by 5%.
9    (b)(1) All moneys deposited in the Public Transportation
10Fund and the Regional Transportation Authority Occupation and
11Use Tax Replacement Fund, whether deposited pursuant to this
12Section or otherwise, are allocated to the Authority, except
13for amounts appropriated to the Office of the Executive
14Inspector General as authorized by subsection (h) of Section
154.03.3 and amounts transferred to the Audit Expense Fund
16pursuant to Section 6z-27 of the State Finance Act. The
17Comptroller, as soon as possible after each monthly transfer
18provided in this Section and after each deposit into the
19Public Transportation Fund, shall order the Treasurer to pay
20to the Authority out of the Public Transportation Fund the
21amount so transferred or deposited. Any Additional State
22Assistance and Additional Financial Assistance paid to the
23Authority under this Section shall be expended by the
24Authority for its purposes as provided in this Act. The
25balance of the amounts paid to the Authority from the Public
26Transportation Fund shall be expended by the Authority as

 

 

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1provided in Section 4.03.3. The Comptroller, as soon as
2possible after each deposit into the Regional Transportation
3Authority Occupation and Use Tax Replacement Fund provided in
4this Section and Section 6z-17 of the State Finance Act, shall
5order the Treasurer to pay to the Authority out of the Regional
6Transportation Authority Occupation and Use Tax Replacement
7Fund the amount so deposited. Such amounts paid to the
8Authority may be expended by it for its purposes as provided in
9this Act. The provisions directing the distributions from the
10Public Transportation Fund and the Regional Transportation
11Authority Occupation and Use Tax Replacement Fund provided for
12in this Section shall constitute an irrevocable and continuing
13appropriation of all amounts as provided herein. The State
14Treasurer and State Comptroller are hereby authorized and
15directed to make distributions as provided in this Section.
16(2) Provided, however, no moneys deposited under subsection
17(a) of this Section shall be paid from the Public
18Transportation Fund to the Authority or its assignee for any
19fiscal year until the Authority has certified to the Governor,
20the Comptroller, and the Mayor of the City of Chicago that it
21has adopted for that fiscal year an Annual Budget and Two-Year
22Financial Plan meeting the requirements in Section 4.01(b).
23    (c) In recognition of the efforts of the Authority to
24enhance the mass transportation facilities under its control,
25the State shall provide financial assistance ("Additional
26State Assistance") in excess of the amounts transferred to the

 

 

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1Authority from the General Revenue Fund under subsection (a)
2of this Section. Additional State Assistance shall be
3calculated as provided in subsection (d), but shall in no
4event exceed the following specified amounts with respect to
5the following State fiscal years:
6        1990$5,000,000;
7        1991$5,000,000;
8        1992$10,000,000;
9        1993$10,000,000;
10        1994$20,000,000;
11        1995$30,000,000;
12        1996$40,000,000;
13        1997$50,000,000;
14        1998$55,000,000; and
15        each year thereafter$55,000,000.
16    (c-5) The State shall provide financial assistance
17("Additional Financial Assistance") in addition to the
18Additional State Assistance provided by subsection (c) and the
19amounts transferred to the Authority from the General Revenue
20Fund under subsection (a) of this Section. Additional
21Financial Assistance provided by this subsection shall be
22calculated as provided in subsection (d), but shall in no
23event exceed the following specified amounts with respect to
24the following State fiscal years:
25        2000$0;
26        2001$16,000,000;

 

 

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1        2002$35,000,000;
2        2003$54,000,000;
3        2004$73,000,000;
4        2005$93,000,000; and
5        each year thereafter$100,000,000.
6    (d) Beginning with State fiscal year 1990 and continuing
7for each State fiscal year thereafter, the Authority shall
8annually certify to the State Comptroller and State Treasurer,
9separately with respect to each of subdivisions (g)(2) and
10(g)(3) of Section 4.04 of this Act, the following amounts:
11        (1) The amount necessary and required, during the
12    State fiscal year with respect to which the certification
13    is made, to pay its obligations for debt service on all
14    outstanding bonds or notes issued by the Authority under
15    subdivisions (g)(2) and (g)(3) of Section 4.04 of this
16    Act.
17        (2) An estimate of the amount necessary and required
18    to pay its obligations for debt service for any bonds or
19    notes which the Authority anticipates it will issue under
20    subdivisions (g)(2) and (g)(3) of Section 4.04 during that
21    State fiscal year.
22        (3) Its debt service savings during the preceding
23    State fiscal year from refunding or advance refunding of
24    bonds or notes issued under subdivisions (g)(2) and (g)(3)
25    of Section 4.04.
26        (4) The amount of interest, if any, earned by the

 

 

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1    Authority during the previous State fiscal year on the
2    proceeds of bonds or notes issued pursuant to subdivisions
3    (g)(2) and (g)(3) of Section 4.04, other than refunding or
4    advance refunding bonds or notes.
5    The certification shall include a specific schedule of
6debt service payments, including the date and amount of each
7payment for all outstanding bonds or notes and an estimated
8schedule of anticipated debt service for all bonds and notes
9it intends to issue, if any, during that State fiscal year,
10including the estimated date and estimated amount of each
11payment.
12    Immediately upon the issuance of bonds for which an
13estimated schedule of debt service payments was prepared, the
14Authority shall file an amended certification with respect to
15item (2) above, to specify the actual schedule of debt service
16payments, including the date and amount of each payment, for
17the remainder of the State fiscal year.
18    On the first day of each month of the State fiscal year in
19which there are bonds outstanding with respect to which the
20certification is made, the State Comptroller shall order
21transferred and the State Treasurer shall transfer from the
22Road Fund to the Public Transportation Fund the Additional
23State Assistance and Additional Financial Assistance in an
24amount equal to the aggregate of (i) one-twelfth of the sum of
25the amounts certified under items (1) and (3) above less the
26amount certified under item (4) above, plus (ii) the amount

 

 

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1required to pay debt service on bonds and notes issued during
2the fiscal year, if any, divided by the number of months
3remaining in the fiscal year after the date of issuance, or
4some smaller portion as may be necessary under subsection (c)
5or (c-5) of this Section for the relevant State fiscal year,
6plus (iii) any cumulative deficiencies in transfers for prior
7months, until an amount equal to the sum of the amounts
8certified under items (1) and (3) above, plus the actual debt
9service certified under item (2) above, less the amount
10certified under item (4) above, has been transferred; except
11that these transfers are subject to the following limits:
12        (A) 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)(2) of Section 4.04
15    exceed the lesser of the annual maximum amount specified
16    in subsection (c) 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        (B) In no event shall the total transfers in any State
22    fiscal year relating to outstanding bonds and notes issued
23    by the Authority under subdivision (g)(3) of Section 4.04
24    exceed the lesser of the annual maximum amount specified
25    in subsection (c-5) or the sum of the amounts certified
26    under items (1) and (3) above, plus the actual debt

 

 

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1    service certified under item (2) above, less the amount
2    certified under item (4) above, with respect to those
3    bonds and notes.
4    The term "outstanding" does not include bonds or notes for
5which refunding or advance refunding bonds or notes have been
6issued.
7    (e) Neither Additional State Assistance nor Additional
8Financial Assistance may be pledged, either directly or
9indirectly as general revenues of the Authority, as security
10for any bonds issued by the Authority. The Authority may not
11assign its right to receive Additional State Assistance or
12Additional Financial Assistance, or direct payment of
13Additional State Assistance or Additional Financial
14Assistance, to a trustee or any other entity for the payment of
15debt service on its bonds.
16    (f) The certification required under subsection (d) with
17respect to outstanding bonds and notes of the Authority shall
18be filed as early as practicable before the beginning of the
19State fiscal year to which it relates. The certification shall
20be revised as may be necessary to accurately state the debt
21service requirements of the Authority.
22    (g) Within 6 months of the end of each fiscal year, the
23Authority shall determine:
24        (i) whether the aggregate of all system generated
25    revenues for public transportation in the metropolitan
26    region which is provided by, or under grant or purchase of

 

 

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1    service contracts with, the Service Boards equals 50% of
2    the aggregate of all costs of providing such public
3    transportation, excluding, beginning with the
4    determination next following the effective date of this
5    amendatory Act of the 103rd General Assembly, fares and
6    charges for mass transportation to be collected by the
7    Suburban Bus Board within any area within its jurisdiction
8    in which more than 45% of households are low-income
9    households or very low-income households, as those terms
10    are defined in Section 3 of the Illinois Affordable
11    Housing Act, and any area in its jurisdiction in which
12    more than 45% of residents are minority persons, as that
13    term is defined in Section 2 of the Business Enterprise
14    for Minorities, Women, and Persons with Disabilities Act.
15    "System generated revenues" include all the proceeds of
16    fares and charges for services provided, contributions
17    received in connection with public transportation from
18    units of local government other than the Authority, except
19    for contributions received by the Chicago Transit
20    Authority from a real estate transfer tax imposed under
21    subsection (i) of Section 8-3-19 of the Illinois Municipal
22    Code, and from the State pursuant to subsection (i) of
23    Section 2705-305 of the Department of Transportation Law,
24    and all other revenues properly included consistent with
25    generally accepted accounting principles but may not
26    include: the proceeds from any borrowing, and, beginning

 

 

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1    with the 2007 fiscal year, all revenues and receipts,
2    including but not limited to fares and grants received
3    from the federal, State or any unit of local government or
4    other entity, derived from providing ADA paratransit
5    service pursuant to Section 2.30 of the Regional
6    Transportation Authority Act. "Costs" include all items
7    properly included as operating costs consistent with
8    generally accepted accounting principles, including
9    administrative costs, but do not include: depreciation;
10    payment of principal and interest on bonds, notes or other
11    evidences of obligations for borrowed money of the
12    Authority; payments with respect to public transportation
13    facilities made pursuant to subsection (b) of Section
14    2.20; any payments with respect to rate protection
15    contracts, credit enhancements or liquidity agreements
16    made under Section 4.14; any other cost as to which it is
17    reasonably expected that a cash expenditure will not be
18    made; costs for passenger security including grants,
19    contracts, personnel, equipment and administrative
20    expenses, except in the case of the Chicago Transit
21    Authority, in which case the term does not include costs
22    spent annually by that entity for protection against crime
23    as required by Section 27a of the Metropolitan Transit
24    Authority Act; the costs of Debt Service paid by the
25    Chicago Transit Authority, as defined in Section 12c of
26    the Metropolitan Transit Authority Act, or bonds or notes

 

 

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1    issued pursuant to that Section; the payment by the
2    Commuter Rail Division of debt service on bonds issued
3    pursuant to Section 3B.09; expenses incurred by the
4    Suburban Bus Division for the cost of new public
5    transportation services funded from grants pursuant to
6    Section 2.01e of this Act for a period of 2 years from the
7    date of initiation of each such service; costs as exempted
8    by the Board for projects pursuant to Section 2.09 of this
9    Act; or, beginning with the 2007 fiscal year, expenses
10    related to providing ADA paratransit service pursuant to
11    Section 2.30 of the Regional Transportation Authority Act;
12    or in fiscal years 2008 through 2012 inclusive, costs in
13    the amount of $200,000,000 in fiscal year 2008, reducing
14    by $40,000,000 in each fiscal year thereafter until this
15    exemption is eliminated. If said system generated revenues
16    are less than 50% of said costs, the Board shall remit an
17    amount equal to the amount of the deficit to the State;
18    however, due to the fiscal impacts from the COVID-19
19    pandemic, for fiscal years 2021, 2022, 2023, 2024, and
20    2025, no such payment shall be required. The Treasurer
21    shall deposit any such payment in the Road Fund; and
22        (ii) whether, beginning with the 2007 fiscal year, the
23    aggregate of all fares charged and received for ADA
24    paratransit services equals the system generated ADA
25    paratransit services revenue recovery ratio percentage of
26    the aggregate of all costs of providing such ADA

 

 

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1    paratransit services, excluding, beginning with the
2    determination next following the effective date of this
3    amendatory Act of the 103rd General Assembly, fares and
4    charges for mass transportation to be collected by the
5    Suburban Bus Board within any area within its jurisdiction
6    in which more than 45% of households are low-income
7    households or very low-income households, as those terms
8    are defined in Section 3 of the Illinois Affordable
9    Housing Act, and any area in its jurisdiction in which
10    more than 45% of residents are minority persons, as that
11    term is defined in Section 2 of the Business Enterprise
12    for Minorities, Women, and Persons with Disabilities Act.
13    (h) If the Authority makes any payment to the State under
14paragraph (g), the Authority shall reduce the amount provided
15to a Service Board from funds transferred under paragraph (a)
16in proportion to the amount by which that Service Board failed
17to meet its required system generated revenues recovery ratio.
18A Service Board which is affected by a reduction in funds under
19this paragraph shall submit to the Authority concurrently with
20its next due quarterly report a revised budget incorporating
21the reduction in funds. The revised budget must meet the
22criteria specified in clauses (i) through (vi) of Section
234.11(b)(2). The Board shall review and act on the revised
24budget as provided in Section 4.11(b)(3).
25(Source: P.A. 102-678, eff. 12-10-21; 103-281, eff. 1-1-24.)
 

 

 

HB4342- 30 -LRB103 35589 AWJ 65661 b

1    (70 ILCS 3615/4.11)  (from Ch. 111 2/3, par. 704.11)
2    Sec. 4.11. Budget Review Powers.
3    (a) Based upon estimates which shall be given to the
4Authority by the Director of the Governor's Office of
5Management and Budget (formerly Bureau of the Budget) of the
6receipts to be received by the Authority from the taxes
7imposed by the Authority and the authorized estimates of
8amounts to be available from State and other sources to the
9Service Boards, and the times at which such receipts and
10amounts will be available, the Board shall, not later than the
11next preceding September 15th prior to the beginning of the
12Authority's next fiscal year, advise each Service Board of the
13amounts estimated by the Board to be available for such
14Service Board during such fiscal year and the two following
15fiscal years and the times at which such amounts will be
16available. The Board shall, at the same time, also advise each
17Service Board of its required system generated revenues
18recovery ratio for the next fiscal year which shall be the
19percentage of the aggregate costs of providing public
20transportation by or under jurisdiction of that Service Board
21which must be recovered from system generated revenues. The
22Board shall, at the same time, consider the written
23determination of the Executive Director, made pursuant to
24Section 2.01d, of the costs of ADA paratransit services that
25are required to be provided under the federal Americans with
26Disabilities Act of 1990 and its implementing regulations, and

 

 

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1shall amend the current year budgets of the Authority and the
2Service Boards to provide for additional funding for the
3provision of ADA paratransit services, if needed. The Board
4shall, at the same time, beginning with the 2007 fiscal year,
5also advise each Service Board that provides ADA paratransit
6services of its required system generated ADA paratransit
7services revenue recovery ratio for the next fiscal year which
8shall be the percentage of the aggregate costs of providing
9ADA paratransit services by or under jurisdiction of that
10Service Board which must be recovered from fares charged for
11such services, except that such required system generated ADA
12paratransit services revenue recovery ratio shall not exceed
13the minimum percentage established pursuant to Section
144.01(b)(ii) of this Act and except that, beginning in the
15fiscal year next following the effective date of this
16amendatory Act of the 103rd General Assembly, the Suburban Bus
17Board's revenue recovery ratio does not include fares for any
18area within the jurisdiction of the Suburban Bus Division
19where more than 45% of households are low-income households or
20very low-income households, as those terms are defined in
21Section 3 of the Illinois Affordable Housing Act, or any area
22within the jurisdiction of the Suburban Bus Division in which
23more than 45% of residents are minority persons, as that term
24is defined in Section 2 of the Business Enterprise for
25Minorities, Women, and Persons with Disabilities Act. In
26determining a Service Board's system generated revenue

 

 

HB4342- 32 -LRB103 35589 AWJ 65661 b

1recovery ratio, the Board shall consider the historical system
2generated revenues recovery ratio for the services subject to
3the jurisdiction of that Service Board. The Board shall not
4increase a Service Board's system generated revenues recovery
5ratio for the next fiscal year over such ratio for the current
6fiscal year disproportionately or prejudicially to increases
7in such ratios for other Service Boards. The Board may, by
8ordinance, provide that (i) the cost of research and
9development projects in the fiscal year beginning January 1,
101986 and ending December 31, 1986 conducted pursuant to
11Section 2.09 of this Act, (ii) the costs for passenger
12security, and (iii) expenditures of amounts granted to a
13Service Board from the Innovation, Coordination, and
14Enhancement Fund for operating purposes may be exempted from
15the farebox recovery ratio or the system generated revenues
16recovery ratio of the Chicago Transit Authority, the Suburban
17Bus Board, and the Commuter Rail Board, or any of them. During
18fiscal years 2008 through 2012, the Board may also allocate
19the exemption of $200,000,000 and the reducing amounts of
20costs provided by this amendatory Act of the 95th General
21Assembly from the farebox recovery ratio or system generated
22revenues recovery ratio of each Service Board.
23    (b)(1) Not later than the next preceding November 15 prior
24to the commencement of such fiscal year, each Service Board
25shall submit to the Authority its proposed budget for such
26fiscal year and its proposed financial plan for the two

 

 

HB4342- 33 -LRB103 35589 AWJ 65661 b

1following fiscal years. Such budget and financial plan shall
2(i) be prepared in the format, follow the financial and
3budgetary practices, and be based on any assumptions and
4projections required by the Authority and (ii) not project or
5assume a receipt of revenues from the Authority in amounts
6greater than those set forth in the estimates provided by the
7Authority pursuant to subsection (a) of this Section.
8    (2) The Board shall review the proposed budget and
9two-year financial plan submitted by each Service Board. The
10Board shall approve the budget and two-year financial plan of
11a Service Board if:
12        (i) such budget and plan show a balance between (A)
13    anticipated revenues from all sources including operating
14    subsidies and (B) the costs of providing the services
15    specified and of funding any operating deficits or
16    encumbrances incurred in prior periods, including
17    provision for payment when due of principal and interest
18    on outstanding indebtedness;
19        (ii) such budget and plan show cash balances including
20    the proceeds of any anticipated cash flow borrowing
21    sufficient to pay with reasonable promptness all costs and
22    expenses as incurred;
23        (iii) such budget and plan provide for a level of
24    fares or charges and operating or administrative costs for
25    the public transportation provided by or subject to the
26    jurisdiction of such Service Board sufficient to allow the

 

 

HB4342- 34 -LRB103 35589 AWJ 65661 b

1    Service Board to meet its required system generated
2    revenue recovery ratio and, beginning with the 2007 fiscal
3    year, system generated ADA paratransit services revenue
4    recovery ratio;
5        (iv) such budget and plan are based upon and employ
6    assumptions and projections which are reasonable and
7    prudent;
8        (v) such budget and plan have been prepared in
9    accordance with sound financial practices as determined by
10    the Board;
11        (vi) such budget and plan meet such other financial,
12    budgetary, or fiscal requirements that the Board may by
13    rule or regulation establish; and
14        (vii) such budget and plan are consistent with the
15    goals and objectives adopted by the Authority in the
16    Strategic Plan.
17    (3) (Blank).
18    (4) Unless the Board by an affirmative vote of 12 of the
19then Directors determines that the budget and financial plan
20of a Service Board meets the criteria specified in clauses (i)
21through (vii) of subparagraph (2) of this paragraph (b), the
22Board shall withhold from that Service Board 25% of the cash
23proceeds of taxes imposed by the Authority under Section 4.03
24and Section 4.03.1 and received after February 1 and 25% of the
25amounts transferred to the Authority from the Public
26Transportation Fund under Section 4.09(a) (but not including

 

 

HB4342- 35 -LRB103 35589 AWJ 65661 b

1Section 4.09(a)(3)(iv)) after February 1 that the Board has
2estimated to be available to that Service Board under Section
34.11(a). Such funding shall be released to the Service Board
4only upon approval of a budget and financial plan under this
5Section or adoption of a budget and financial plan on behalf of
6the Service Board by the Authority.
7    (5) If the Board has not found that the budget and
8financial plan of a Service Board meets the criteria specified
9in clauses (i) through (vii) of subparagraph (2) of this
10paragraph (b), the Board, by the affirmative vote of at least
1112 of its then Directors, shall adopt a budget and financial
12plan meeting such criteria for that Service Board.
13    (c)(1) If the Board shall at any time have received a
14revised estimate, or revises any estimate the Board has made,
15pursuant to this Section of the receipts to be collected by the
16Authority which, in the judgment of the Board, requires a
17change in the estimates on which the budget of any Service
18Board is based, the Board shall advise the affected Service
19Board of such revised estimates, and such Service Board shall
20within 30 days after receipt of such advice submit a revised
21budget incorporating such revised estimates. If the revised
22estimates require, in the judgment of the Board, that the
23system generated revenues recovery ratio of one or more
24Service Boards be revised in order to allow the Authority to
25meet its required ratio, the Board shall advise any such
26Service Board of its revised ratio and such Service Board

 

 

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1shall within 30 days after receipt of such advice submit a
2revised budget incorporating such revised estimates or ratio.
3    (2) Each Service Board shall, within such period after the
4end of each fiscal quarter as shall be specified by the Board,
5report to the Authority its financial condition and results of
6operations and the financial condition and results of
7operations of the public transportation services subject to
8its jurisdiction, as at the end of and for such quarter. If in
9the judgment of the Board such condition and results are not
10substantially in accordance with such Service Board's budget
11for such period, the Board shall so advise such Service Board
12and such Service Board shall within the period specified by
13the Board submit a revised budget incorporating such results.
14    (3) If the Board shall determine that a revised budget
15submitted by a Service Board pursuant to subparagraph (1) or
16(2) of this paragraph (c) does not meet the criteria specified
17in clauses (i) through (vii) of subparagraph (2) of paragraph
18(b) of this Section, the Board shall withhold from that
19Service Board 25% of the cash proceeds of taxes imposed by the
20Authority under Section 4.03 or 4.03.1 and received by the
21Authority after February 1 and 25% of the amounts transferred
22to the Authority from the Public Transportation Fund under
23Section 4.09(a) (but not including Section 4.09(a)(3)(iv))
24after February 1 that the Board has estimated to be available
25to that Service Board under Section 4.11(a). If the Service
26Board submits a revised financial plan and budget which plan

 

 

HB4342- 37 -LRB103 35589 AWJ 65661 b

1and budget shows that the criteria will be met within a four
2quarter period, the Board shall release any such withheld
3funds to the Service Board. The Board by the affirmative vote
4of at least 12 of its then Directors may require a Service
5Board to submit a revised financial plan and budget which
6shows that the criteria will be met in a time period less than
7four quarters.
8    (d) All budgets and financial plans, financial statements,
9audits and other information presented to the Authority
10pursuant to this Section or which may be required by the Board
11to permit it to monitor compliance with the provisions of this
12Section shall be prepared and presented in such manner and
13frequency and in such detail as shall have been prescribed by
14the Board, shall be prepared on both an accrual and cash flow
15basis as specified by the Board, shall present such
16information as the Authority shall prescribe that fairly
17presents the condition of any pension plan or trust for health
18care benefits with respect to retirees established by the
19Service Board and describes the plans of the Service Board to
20meet the requirements of Sections 4.02a and 4.02b, and shall
21identify and describe the assumptions and projections employed
22in the preparation thereof to the extent required by the
23Board. If the Executive Director certifies that a Service
24Board has not presented its budget and two-year financial plan
25in conformity with the rules adopted by the Authority under
26the provisions of Section 4.01(f) and this subsection (d), and

 

 

HB4342- 38 -LRB103 35589 AWJ 65661 b

1such certification is accepted by the affirmative vote of at
2least 12 of the then Directors of the Authority, the Authority
3shall not distribute to that Service Board any funds for
4operating purposes in excess of the amounts distributed for
5such purposes to the Service Board in the previous fiscal
6year. Except when the Board adopts a budget and a financial
7plan for a Service Board under paragraph (b)(5), a Service
8Board shall provide for such levels of transportation services
9and fares or charges therefor as it deems appropriate and
10necessary in the preparation of a budget and financial plan
11meeting the criteria set forth in clauses (i) through (vii) of
12subparagraph (2) of paragraph (b) of this Section. The
13Authority shall have access to and the right to examine and
14copy all books, documents, papers, records, or other source
15data of a Service Board relevant to any information submitted
16pursuant to this Section.
17    (e) Whenever this Section requires the Board to make
18determinations with respect to estimates, budgets or financial
19plans, or rules or regulations with respect thereto such
20determinations shall be made upon the affirmative vote of at
21least 12 of the then Directors and shall be incorporated in a
22written report of the Board and such report shall be submitted
23within 10 days after such determinations are made to the
24Governor, the Mayor of Chicago (if such determinations relate
25to the Chicago Transit Authority), and the Auditor General of
26Illinois.

 

 

HB4342- 39 -LRB103 35589 AWJ 65661 b

1(Source: P.A. 97-399, eff. 8-16-11.)
 
2    (70 ILCS 3615/4.17 new)
3    Sec. 4.17. Funding for certain areas. The Authority must
4provide the Suburban Bus Division with any funding assistance
5the Suburban Bus Board determines is needed to maintain routes
6in any area within the jurisdiction of the Suburban Bus Board
7in which more than 45% of households are low-income households
8or very low-income households, as those terms are defined in
9Section 3 of the Illinois Affordable Housing Act, and
any area
10within the jurisdiction of the Suburban Bus Board in which
11more than 45% of residents are minority persons, as that term
12is defined in Section 2 of the Business Enterprise for
13Minorities, Women, and Persons with Disabilities Act. The
14Suburban Bus Board must annually, before the close of the
15Suburban Bus Board's fiscal year, provide to the Authority (i)
16the boundaries of each area within the jurisdiction of the
17Suburban Bus Board in which more than 45% of households are
18low-income households or very low-income households and each
19area within the jurisdiction of the Suburban Bus Board in
20which more than 45% of residents are minority persons and (ii)
21the amount of funding assistance needed to maintain those
22routes.
 
23    Section 90. The State Mandates Act is amended by adding
24Section 8.47 as follows:
 

 

 

HB4342- 40 -LRB103 35589 AWJ 65661 b

1    (30 ILCS 805/8.47 new)
2    Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and
38 of this Act, no reimbursement by the State is required for
4the implementation of any mandate created by this amendatory
5Act of the 103rd General Assembly.

 

 

HB4342- 41 -LRB103 35589 AWJ 65661 b

1 INDEX
2 Statutes amended in order of appearance
3    70 ILCS 3615/4.01from Ch. 111 2/3, par. 704.01
4    70 ILCS 3615/4.09from Ch. 111 2/3, par. 704.09
5    70 ILCS 3615/4.11from Ch. 111 2/3, par. 704.11
6    70 ILCS 3615/4.17 new
7    30 ILCS 805/8.47 new