Public Act 102-0678
 
HB0106 EnrolledLRB102 03976 HEP 13992 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Administrative Procedure Act is
amended by adding Section 5-45.20 as follows:
 
    (5 ILCS 100/5-45.20 new)
    Sec. 5-45.20. Emergency rulemaking; Secretary of State
emergency powers. To provide for the expeditious and timely
implementation of the provisions of Section 30 of the
Secretary of State Act, emergency rules implementing the
changes made to Section 30 of the Secretary of State Act by
this amendatory Act of the 102nd General Assembly may be
adopted by the Secretary in accordance with Section 5-45. The
adoption of emergency rules authorized by Section 5-45 and
this Section is deemed to be necessary for the public
interest, safety, and welfare.
    This Section is repealed on January 1, 2023.
 
    Section 10. The Secretary of State Act is amended by
changing Sections 12 and 30 as follows:
 
    (15 ILCS 305/12)  (from Ch. 124, par. 10.2)
    Sec. 12. Parking fees; leases.
    (a) The Secretary of State shall impose a fee of $20 per
month payable by all State employees parking vehicles in the
underground parking facility located south of the William G.
Stratton State Office Building in Springfield and the parking
ramp located at 401 South College Street located west of the
William G. Stratton State Office Building in Springfield,
unless a non-State employee requests a space located in either
garage, in which case the Secretary shall set the fee by rule.
Except as otherwise provided in this Section, State officers
and employees who make application for and are allotted
parking places in such parking facilities shall authorize the
Comptroller to deduct the required fees from their payroll
checks under the State Salary and Annuity Withholding Act and
the amounts so withheld shall be deposited as provided in
Section 8 of that Act. Until December 31, 2024, members and
employees of the General Assembly who make application for and
are allotted parking places in such parking facilities may,
alternatively, upon application by the Secretary of the Senate
or the Clerk of the House of Representatives, have their
parking fee paid by the General Assembly. The amounts paid in
this instance would also be deposited as provided in Section 8
of the State Salary and Annuity Withholding Act. The President
of the Senate and the Speaker of the House of Representatives
may authorize payment of the fees from appropriations made to
the General Assembly. Persons who are not subject to the State
Salary and Annuity Withholding Act and who are allotted
parking places under this Section shall pay the required fees
directly to the Office of the Secretary of State and the
amounts so collected shall be deposited in the State Parking
Facility Maintenance Fund in the State Treasury.
    (b) The Secretary of State may enter into agreements with
public or private entities or individuals to lease to those
entities or individuals parking spaces at State-owned
Secretary of State facilities. Such agreements may be executed
only upon a determination by the Secretary that leasing the
parking spaces will not adversely impact the delivery of
services to the public. The fee to be charged to the entity or
individual leasing the parking spaces shall be established by
rule. All funds collected by the Secretary pursuant to such
leases shall be deposited in the State Parking Facility
Maintenance Fund and shall be used for the maintenance and
repair of parking lots at State-owned Secretary of State
facilities.
(Source: P.A. 98-179, eff. 8-5-13; 98-1148, eff. 12-31-14.)
 
    (15 ILCS 305/30)
    (Section scheduled to be repealed on January 1, 2022)
    Sec. 30. Emergency powers.
    (a) In response to the interruption of services available
to the public as a result of the public health disaster caused
by Coronavirus Disease 2019 (COVID-19), a novel severe acute
respiratory illness that spreads rapidly through respiratory
transmissions, the extended closure of State government
offices and private sector businesses caused by COVID-19, and
the need to ameliorate any detrimental impact on members of
the public caused by that interruption of services, the
Secretary of State is hereby given the authority to adopt
emergency rulemakings, and to adopt permanent administrative
rules:
        (1) extending until not later than December 31, 2022,
    the expiration dates of driver's licenses, driving
    permits, monitoring device driving permits, restricted
    driving permits, and identification cards which were
    issued with expiration dates on or after January 1, 2020.
    During the period of any extensions implemented pursuant
    to this subsection, all driver's licenses, driving
    permits, monitoring device driving permits, restricted
    driving permits, and identification cards, shall be
    subject to any terms and conditions under which the
    original document was issued; and
        (2) modifying the requirements for the renewal of
    driver's licenses, driving permits, monitoring device
    driving permits, restricted driving permits, and
    identification cards. No such modification shall apply for
    more than one renewal cycle after the effective date of
    the rulemaking.
    (b) When the renewal of any driver's license, driving
permit, monitoring device driving permit, restricted driving
permit, or identification card has been extended pursuant to
this Section, it shall be renewed during the period of an
extension. Any such renewals shall be from the original
expiration date and shall be subject to the full fee which
would have been due had the renewals been issued based on the
original expiration date, except that no late filing fees or
penalties shall be imposed.
    (c) All law enforcement agencies in the State of Illinois
and all State and local governmental entities shall recognize
the validity of, and give full legal force to, extensions
granted pursuant to this Section.
    (d) Upon the request of any person whose driver's license,
driving permit, monitoring device driving permit, restricted
driving permit, or identification card has been subject to an
extension under this Section, the Secretary shall issue a
statement verifying the extension was issued pursuant to
Illinois law, and requesting any foreign jurisdiction to honor
the extension.
    (e) This Section is repealed on January 1, 2023.
    (a) In response to the ongoing public health disaster
caused by Coronavirus Disease 2019 (COVID-19), a novel severe
acute respiratory illness that spreads rapidly through
respiratory transmissions, and the need to regulate the number
of individuals entering a Secretary of State facility at any
one time in order to prevent the spread of the disease, the
Secretary of State is hereby given the authority to adopt
emergency rulemakings, as provided under subsection (b), and
to adopt permanent administrative rules extending until no
later than June 30, 2021, the expiration dates of driver's
licenses, driving permits, monitoring device driving permits,
restricted driving permits, identification cards, disabled
parking placards and decals, and vehicle registrations that
were issued with expiration dates on or after January 1, 2020.
If, as of May 1, 2021, there remains in effect a proclamation
issued by the Governor of the State of Illinois declaring a
statewide disaster in response to the outbreak of COVID-19,
the Secretary may further extend such expiration dates until
no later than December 31, 2021.
    (a-5) During the period of any extensions implemented
pursuant to this Section, all driver's licenses, driving
permits, monitoring device driving permits, restricted driving
permits, identification cards, disabled parking placards and
decals, and vehicle registrations shall be subject to any
terms and conditions under which the original document was
issued.
    (b) To provide for the expeditious and timely
implementation of this amendatory Act of the 101st General
Assembly, any emergency rules to implement the extension
provisions of this Section must be adopted by the Secretary of
State, subject to the provisions of Section 5-45 of the
Illinois Administrative Procedure Act. Any such rule shall:
        (1) (blank);
        (2) set forth the expirations being extended (for
    example, "this extension shall apply to all driver's
    licenses, driving permits, monitoring device driving
    permits, restricted driving permits, identification cards,
    disabled parking placards and decals, and vehicle
    registrations expiring on [date] through [date]"); and
        (3) set forth the date on which the extension period
    becomes effective, and the date on which the extension
    will terminate if not extended by subsequent emergency
    rulemaking.
    (c) Where the renewal of any driver's license, driving
permit, monitoring device driving permit, restricted driving
permit, identification card, disabled parking placard or
decal, or vehicle registration has been extended pursuant to
this Section, it shall be renewed during the period of an
extension. Any such renewal shall be from the original
expiration date and shall be subject to the full fee which
would have been due had the renewal been issued based on the
original expiration date, except that no late filing fees or
penalties shall be imposed.
    (d) All law enforcement agencies in the State of Illinois
and all State and local governmental entities shall recognize
the validity of, and give full legal force to, extensions
granted pursuant to this Section.
    (e) Upon the request of any person or entity whose
driver's license, driving permit, monitoring device driving
permit, restricted driving permit, identification card,
disabled parking placard or decal, or vehicle registration has
been subject to an extension under this Section, the Secretary
shall issue a statement verifying the extension was issued
pursuant to Illinois law, and requesting any foreign
jurisdiction to honor the extension.
    (f) This Section is repealed on January 1, 2022.
(Source: P.A. 101-640, eff. 6-12-20; 102-39, eff. 6-25-21.)
 
    Section 13. The Illinois Municipal Code is amended by
changing Section 11-101-3 as follows:
 
    (65 ILCS 5/11-101-3)
    Sec. 11-101-3. Noise mitigation; air quality.
    (a) A municipality that has implemented a Residential
Sound Insulation Program to mitigate aircraft noise shall
perform indoor air quality monitoring and laboratory analysis
of windows and doors installed pursuant to the Residential
Sound Insulation Program to determine whether there are any
adverse health impacts associated with off-gassing from such
windows and doors. Such monitoring and analysis shall be
consistent with applicable professional and industry
standards. The municipality shall make any final reports
resulting from such monitoring and analysis available to the
public on the municipality's website. The municipality shall
develop a science-based mitigation plan to address significant
health-related impacts, if any, associated with such windows
and doors as determined by the results of the monitoring and
analysis. In a municipality that has implemented a Residential
Sound Insulation Program to mitigate aircraft noise, if
requested by the homeowner pursuant to a process established
by the municipality, which process shall include, at a
minimum, notification in a newspaper of general circulation
and a mailer sent to every address identified as a recipient of
windows and doors installed under the Residential Sound
Insulation Program, the municipality shall replace all windows
and doors installed under the Residential Sound Insulation
Program in such homes where one or more windows or doors have
been found to have caused offensive odors. Subject to
appropriation, the municipality shall replace windows and
doors in at least 750 residences a year. Residents who altered
or modified a replacement window or accepted a replacement
screen for the window shall not be disqualified from
compensation or future services. Only those homeowners who
request that the municipality perform an odor inspection as
prescribed by the process established by the municipality
within 6 months of notification being published and mailers
being sent shall be eligible for odorous window and odorous
door replacement. Residents who are eligible to receive
replacement windows shall be allowed to choose the color and
type of replacement window. For purposes of aiding in the
selection of such replacement windows, a showcase and display
of available replacement window types shall be established and
located at Chicago Midway International Airport. Homes that
have been identified by the municipality as having odorous
windows or doors are not required to make said request to the
municipality. The right to make a claim for replacement and
have it considered pursuant to this Section shall not be
affected by the fact of odor-related claims made or
odor-related products received pursuant to the Residential
Sound Insulation Program prior to June 5, 2019 (the effective
date of this Section). The municipality shall also perform
in-home air quality testing in residences in which windows and
doors are replaced under this Section. In order to receive
in-home air quality testing, a homeowner must request such
testing from the municipality, and the total number of homes
tested in any given year shall not exceed 25% of the total
number of homes in which windows and doors were replaced under
this Section in the prior calendar year.
    (b) An advisory committee shall be formed, composed of the
following: (i) 2 members of the municipality who reside in
homes that have received windows or doors pursuant to the
Residential Sound Insulation Program and have been identified
by the municipality as having odorous windows or doors,
appointed by the Secretary of Transportation; (ii) one
employee of the Aeronautics Division of the Department of
Transportation; and (iii) 2 employees of the municipality that
implemented the Residential Sound Insulation Program in
question; and (iv) 2 members appointed by the Speaker of the
House of Representatives and 2 members appointed by the
President of the Senate. The advisory committee shall
determine by majority vote which homes contain windows or
doors that cause offensive odors and thus are eligible for
replacement, shall promulgate a list of such homes, and shall
develop recommendations as to the order in which homes are to
receive window replacement. The recommendations shall include
reasonable and objective criteria for determining which
windows or doors are odorous, consideration of the date of
odor confirmation for prioritization, severity of odor,
geography and individual hardship, and shall provide such
recommendations to the municipality. The advisory committee
shall develop a process in which homeowners can demonstrate
extreme hardship. As used in this subsection, "extreme
hardship" means: liquid infiltration of the window or door;
health and medical condition of the resident; and residents
with sensitivities related to smell. At least 10% of the homes
receiving a replacement in a year shall be homes that have
demonstrated extreme hardship. The advisory committee shall
compile a report demonstrating: (i) the number of homes in
line to receive a replacement; (ii) the number of homes that
received replacement windows or doors, or both; (iii) the
number of homes that received financial compensation instead
of a replacement; and (iv) the number of homes with confirmed
mechanical issues. Until December 31, 2022, the report shall
be complied monthly, after December 31, 2022, the report shall
be complied quarterly. The advisory committee shall accept all
public questions and furnish a written response within 2
business days. The advisory committee shall comply with the
requirements of the Open Meetings Act. The Chicago Department
of Aviation shall provide administrative support to the
committee. The municipality shall consider the recommendations
of the committee but shall retain final decision-making
authority over replacement of windows and doors installed
under the Residential Sound Insulation Program, and shall
comply with all federal, State, and local laws involving
procurement. A municipality administering claims pursuant to
this Section shall provide to every address identified as
having submitted a valid claim under this Section a quarterly
report setting forth the municipality's activities undertaken
pursuant to this Section for that quarter. However, the
municipality shall replace windows and doors pursuant to this
Section only if, and to the extent, grants are distributed to,
and received by, the municipality from the Sound-Reducing
Windows and Doors Replacement Fund for the costs associated
with the replacement of sound-reducing windows and doors
installed under the Residential Sound Insulation Program
pursuant to Section 6z-20.1 of the State Finance Act. In
addition, the municipality shall revise its specifications for
procurement of windows for the Residential Sound Insulation
Program to address potential off-gassing from such windows in
future phases of the program. A municipality subject to the
Section shall not legislate or otherwise regulate with regard
to indoor air quality monitoring, laboratory analysis or
replacement requirements, except as provided in this Section,
but the foregoing restriction shall not limit said
municipality's taxing power.
    (c) A home rule unit may not regulate indoor air quality
monitoring and laboratory analysis, and related mitigation and
mitigation plans, in a manner inconsistent with this Section.
This Section is a limitation of home rule powers and functions
under subsection (i) of Section 6 of Article VII of the
Illinois Constitution on the concurrent exercise by home rule
units of powers and functions exercised by the State.
    (d) This Section shall not be construed to create a
private right of action.
(Source: P.A. 101-10, eff. 6-5-19; 101-604, eff. 12-13-19;
101-636, eff. 6-10-20; 102-558, eff. 8-20-21.)
 
    Section 15. The Regional Transportation Authority Act is
amended by changing Sections 4.01 and 4.09 as follows:
 
    (70 ILCS 3615/4.01)  (from Ch. 111 2/3, par. 704.01)
    Sec. 4.01. Budget and Program.
    (a) The Board shall control the finances of the Authority.
It shall by ordinance adopted by the affirmative vote of at
least 12 of its then Directors (i) appropriate money to
perform the Authority's purposes and provide for payment of
debts and expenses of the Authority, (ii) take action with
respect to the budget and two-year financial plan of each
Service Board, as provided in Section 4.11, and (iii) adopt an
Annual Budget and Two-Year Financial Plan for the Authority
that includes the annual budget and two-year financial plan of
each Service Board that has been approved by the Authority.
The Annual Budget and Two-Year Financial Plan shall contain a
statement of the funds estimated to be on hand for the
Authority and each Service Board at the beginning of the
fiscal year, the funds estimated to be received from all
sources for such year, the estimated expenses and obligations
of the Authority and each Service Board for all purposes,
including expenses for contributions to be made with respect
to pension and other employee benefits, and the funds
estimated to be on hand at the end of such year. The fiscal
year of the Authority and each Service Board shall begin on
January 1st and end on the succeeding December 31st. By July
1st of each year the Director of the Illinois Governor's
Office of Management and Budget (formerly Bureau of the
Budget) shall submit to the Authority an estimate of revenues
for the next fiscal year of the Authority to be collected from
the taxes imposed by the Authority and the amounts to be
available in the Public Transportation Fund and the Regional
Transportation Authority Occupation and Use Tax Replacement
Fund and the amounts otherwise to be appropriated by the State
to the Authority for its purposes. The Authority shall file a
copy of its Annual Budget and Two-Year Financial Plan with the
General Assembly and the Governor after its adoption. Before
the proposed Annual Budget and Two-Year Financial Plan is
adopted, the Authority shall hold at least one public hearing
thereon in the metropolitan region, and shall meet with the
county board or its designee of each of the several counties in
the metropolitan region. After conducting such hearings and
holding such meetings and after making such changes in the
proposed Annual Budget and Two-Year Financial Plan as the
Board deems appropriate, the Board shall adopt its annual
appropriation and Annual Budget and Two-Year Financial Plan
ordinance. The ordinance may be adopted only upon the
affirmative votes of 12 of its then Directors. The ordinance
shall appropriate such sums of money as are deemed necessary
to defray all necessary expenses and obligations of the
Authority, specifying purposes and the objects or programs for
which appropriations are made and the amount appropriated for
each object or program. Additional appropriations, transfers
between items and other changes in such ordinance may be made
from time to time by the Board upon the affirmative votes of 12
of its then Directors.
    (b) The Annual Budget and Two-Year Financial Plan shall
show a balance between anticipated revenues from all sources
and anticipated expenses including funding of operating
deficits or the discharge of encumbrances incurred in prior
periods and payment of principal and interest when due, and
shall show cash balances sufficient to pay with reasonable
promptness all obligations and expenses as incurred.
    The Annual Budget and Two-Year Financial Plan must show:
        (i) that the level of fares and charges for mass
    transportation provided by, or under grant or purchase of
    service contracts of, the Service Boards is sufficient to
    cause the aggregate of all projected fare revenues from
    such fares and charges received in each fiscal year to
    equal at least 50% of the aggregate costs of providing
    such public transportation in such fiscal year. However,
    due to the fiscal impacts of the COVID-19 pandemic, the
    aggregate of all projected fare revenues from such fares
    and charges received in fiscal years 2021, 2022, and 2023
    may be less than 50% of the aggregate costs of providing
    such public transportation in those fiscal years. "Fare
    revenues" include the proceeds of all fares and charges
    for services provided, contributions received in
    connection with public transportation from units of local
    government other than the Authority, except for
    contributions received by the Chicago Transit Authority
    from a real estate transfer tax imposed under subsection
    (i) of Section 8-3-19 of the Illinois Municipal Code, and
    from the State pursuant to subsection (i) of Section
    2705-305 of the Department of Transportation Law (20 ILCS
    2705/2705-305), and all other operating revenues properly
    included consistent with generally accepted accounting
    principles but do not include: the proceeds of any
    borrowings, and, beginning with the 2007 fiscal year, all
    revenues and receipts, including but not limited to fares
    and grants received from the federal, State or any unit of
    local government or other entity, derived from providing
    ADA paratransit service pursuant to Section 2.30 of the
    Regional Transportation Authority Act. "Costs" include all
    items properly included as operating costs consistent with
    generally accepted accounting principles, including
    administrative costs, but do not include: depreciation;
    payment of principal and interest on bonds, notes or other
    evidences of obligation for borrowed money issued by the
    Authority; payments with respect to public transportation
    facilities made pursuant to subsection (b) of Section 2.20
    of this Act; any payments with respect to rate protection
    contracts, credit enhancements or liquidity agreements
    made under Section 4.14; any other cost to which it is
    reasonably expected that a cash expenditure will not be
    made; costs for passenger security including grants,
    contracts, personnel, equipment and administrative
    expenses, except in the case of the Chicago Transit
    Authority, in which case the term does not include costs
    spent annually by that entity for protection against crime
    as required by Section 27a of the Metropolitan Transit
    Authority Act; the payment by the Chicago Transit
    Authority of Debt Service, as defined in Section 12c of
    the Metropolitan Transit Authority Act, on bonds or notes
    issued pursuant to that Section; the payment by the
    Commuter Rail Division of debt service on bonds issued
    pursuant to Section 3B.09; expenses incurred by the
    Suburban Bus Division for the cost of new public
    transportation services funded from grants pursuant to
    Section 2.01e of this amendatory Act of the 95th General
    Assembly for a period of 2 years from the date of
    initiation of each such service; costs as exempted by the
    Board for projects pursuant to Section 2.09 of this Act;
    or, beginning with the 2007 fiscal year, expenses related
    to providing ADA paratransit service pursuant to Section
    2.30 of the Regional Transportation Authority Act; and in
    fiscal years 2008 through 2012 inclusive, costs in the
    amount of $200,000,000 in fiscal year 2008, reducing by
    $40,000,000 in each fiscal year thereafter until this
    exemption is eliminated; and
        (ii) that the level of fares charged for ADA
    paratransit services is sufficient to cause the aggregate
    of all projected revenues from such fares charged and
    received in each fiscal year to equal at least 10% of the
    aggregate costs of providing such ADA paratransit
    services. However, due to the fiscal impacts of the
    COVID-19 pandemic, the aggregate of all projected fare
    revenues from such fares and charges received in fiscal
    years 2021, 2022, and 2023 may be less than 10% of the
    aggregate costs of providing such ADA paratransit services
    in those fiscal years. For purposes of this Act, the
    percentages in this subsection (b)(ii) shall be referred
    to as the "system generated ADA paratransit services
    revenue recovery ratio". For purposes of the system
    generated ADA paratransit services revenue recovery ratio,
    "costs" shall include all items properly included as
    operating costs consistent with generally accepted
    accounting principles. However, the Board may exclude from
    costs an amount that does not exceed the allowable
    "capital costs of contracting" for ADA paratransit
    services pursuant to the Federal Transit Administration
    guidelines for the Urbanized Area Formula Program.
    (c) The actual administrative expenses of the Authority
for the fiscal year commencing January 1, 1985 may not exceed
$5,000,000. The actual administrative expenses of the
Authority for the fiscal year commencing January 1, 1986, and
for each fiscal year thereafter shall not exceed the maximum
administrative expenses for the previous fiscal year plus 5%.
"Administrative expenses" are defined for purposes of this
Section as all expenses except: (1) capital expenses and
purchases of the Authority on behalf of the Service Boards;
(2) payments to Service Boards; and (3) payment of principal
and interest on bonds, notes or other evidence of obligation
for borrowed money issued by the Authority; (4) costs for
passenger security including grants, contracts, personnel,
equipment and administrative expenses; (5) payments with
respect to public transportation facilities made pursuant to
subsection (b) of Section 2.20 of this Act; and (6) any
payments with respect to rate protection contracts, credit
enhancements or liquidity agreements made pursuant to Section
4.14.
    (d) This subsection applies only until the Department
begins administering and enforcing an increased tax under
Section 4.03(m) as authorized by this amendatory Act of the
95th General Assembly. After withholding 15% of the proceeds
of any tax imposed by the Authority and 15% of money received
by the Authority from the Regional Transportation Authority
Occupation and Use Tax Replacement Fund, the Board shall
allocate the proceeds and money remaining to the Service
Boards as follows: (1) an amount equal to 85% of the proceeds
of those taxes collected within the City of Chicago and 85% of
the money received by the Authority on account of transfers to
the Regional Transportation Authority Occupation and Use Tax
Replacement Fund from the County and Mass Transit District
Fund attributable to retail sales within the City of Chicago
shall be allocated to the Chicago Transit Authority; (2) an
amount equal to 85% of the proceeds of those taxes collected
within Cook County outside the City of Chicago and 85% of the
money received by the Authority on account of transfers to the
Regional Transportation Authority Occupation and Use Tax
Replacement Fund from the County and Mass Transit District
Fund attributable to retail sales within Cook County outside
of the city of Chicago shall be allocated 30% to the Chicago
Transit Authority, 55% to the Commuter Rail Board and 15% to
the Suburban Bus Board; and (3) an amount equal to 85% of the
proceeds of the taxes collected within the Counties of DuPage,
Kane, Lake, McHenry and Will shall be allocated 70% to the
Commuter Rail Board and 30% to the Suburban Bus Board.
    (e) This subsection applies only until the Department
begins administering and enforcing an increased tax under
Section 4.03(m) as authorized by this amendatory Act of the
95th General Assembly. Moneys received by the Authority on
account of transfers to the Regional Transportation Authority
Occupation and Use Tax Replacement Fund from the State and
Local Sales Tax Reform Fund shall be allocated among the
Authority and the Service Boards as follows: 15% of such
moneys shall be retained by the Authority and the remaining
85% shall be transferred to the Service Boards as soon as may
be practicable after the Authority receives payment. Moneys
which are distributable to the Service Boards pursuant to the
preceding sentence shall be allocated among the Service Boards
on the basis of each Service Board's distribution ratio. The
term "distribution ratio" means, for purposes of this
subsection (e) of this Section 4.01, the ratio of the total
amount distributed to a Service Board pursuant to subsection
(d) of Section 4.01 for the immediately preceding calendar
year to the total amount distributed to all of the Service
Boards pursuant to subsection (d) of Section 4.01 for the
immediately preceding calendar year.
    (f) To carry out its duties and responsibilities under
this Act, the Board shall employ staff which shall: (1)
propose for adoption by the Board of the Authority rules for
the Service Boards that establish (i) forms and schedules to
be used and information required to be provided with respect
to a five-year capital program, annual budgets, and two-year
financial plans and regular reporting of actual results
against adopted budgets and financial plans, (ii) financial
practices to be followed in the budgeting and expenditure of
public funds, (iii) assumptions and projections that must be
followed in preparing and submitting its annual budget and
two-year financial plan or a five-year capital program; (2)
evaluate for the Board public transportation programs operated
or proposed by the Service Boards and transportation agencies
in terms of the goals and objectives set out in the Strategic
Plan; (3) keep the Board and the public informed of the extent
to which the Service Boards and transportation agencies are
meeting the goals and objectives adopted by the Authority in
the Strategic Plan; and (4) assess the efficiency or adequacy
of public transportation services provided by a Service Board
and make recommendations for change in that service to the end
that the moneys available to the Authority may be expended in
the most economical manner possible with the least possible
duplication.
    (g) All Service Boards, transportation agencies,
comprehensive planning agencies, including the Chicago
Metropolitan Agency for Planning, or transportation planning
agencies in the metropolitan region shall furnish to the
Authority such information pertaining to public transportation
or relevant for plans therefor as it may from time to time
require. The Executive Director, or his or her designee,
shall, for the purpose of securing any such information
necessary or appropriate to carry out any of the powers and
responsibilities of the Authority under this Act, have access
to, and the right to examine, all books, documents, papers or
records of a Service Board or any transportation agency
receiving funds from the Authority or Service Board, and such
Service Board or transportation agency shall comply with any
request by the Executive Director, or his or her designee,
within 30 days or an extended time provided by the Executive
Director.
    (h) No Service Board shall undertake any capital
improvement which is not identified in the Five-Year Capital
Program.
    (i) Each Service Board shall furnish to the Board access
to its financial information including, but not limited to,
audits and reports. The Board shall have real-time access to
the financial information of the Service Boards; however, the
Board shall be granted read-only access to the Service Board's
financial information.
(Source: P.A. 98-1027, eff. 1-1-15.)
 
    (70 ILCS 3615/4.09)  (from Ch. 111 2/3, par. 704.09)
    Sec. 4.09. Public Transportation Fund and the Regional
Transportation Authority Occupation and Use Tax Replacement
Fund.
    (a)(1) Except as otherwise provided in paragraph (4), as
soon as possible after the first day of each month, beginning
July 1, 1984, upon certification of the Department of Revenue,
the Comptroller shall order transferred and the Treasurer
shall transfer from the General Revenue Fund to a special fund
in the State Treasury to be known as the Public Transportation
Fund an amount equal to 25% of the net revenue, before the
deduction of the serviceman and retailer discounts pursuant to
Section 9 of the Service Occupation Tax Act and Section 3 of
the Retailers' Occupation Tax Act, realized from any tax
imposed by the Authority pursuant to Sections 4.03 and 4.03.1
and 25% of the amounts deposited into the Regional
Transportation Authority tax fund created by Section 4.03 of
this Act, from the County and Mass Transit District Fund as
provided in Section 6z-20 of the State Finance Act and 25% of
the amounts deposited into the Regional Transportation
Authority Occupation and Use Tax Replacement Fund from the
State and Local Sales Tax Reform Fund as provided in Section
6z-17 of the State Finance Act. On the first day of the month
following the date that the Department receives revenues from
increased taxes under Section 4.03(m) as authorized by Public
Act 95-708, in lieu of the transfers authorized in the
preceding sentence, upon certification of the Department of
Revenue, the Comptroller shall order transferred and the
Treasurer shall transfer from the General Revenue Fund to the
Public Transportation Fund an amount equal to 25% of the net
revenue, before the deduction of the serviceman and retailer
discounts pursuant to Section 9 of the Service Occupation Tax
Act and Section 3 of the Retailers' Occupation Tax Act,
realized from (i) 80% of the proceeds of any tax imposed by the
Authority at a rate of 1.25% in Cook County, (ii) 75% of the
proceeds of any tax imposed by the Authority at the rate of 1%
in Cook County, and (iii) one-third of the proceeds of any tax
imposed by the Authority at the rate of 0.75% in the Counties
of DuPage, Kane, Lake, McHenry, and Will, all pursuant to
Section 4.03, and 25% of the net revenue realized from any tax
imposed by the Authority pursuant to Section 4.03.1, and 25%
of the amounts deposited into the Regional Transportation
Authority tax fund created by Section 4.03 of this Act from the
County and Mass Transit District Fund as provided in Section
6z-20 of the State Finance Act, and 25% of the amounts
deposited into the Regional Transportation Authority
Occupation and Use Tax Replacement Fund from the State and
Local Sales Tax Reform Fund as provided in Section 6z-17 of the
State Finance Act. As used in this Section, net revenue
realized for a month shall be the revenue collected by the
State pursuant to Sections 4.03 and 4.03.1 during the previous
month from within the metropolitan region, less the amount
paid out during that same month as refunds to taxpayers for
overpayment of liability in the metropolitan region under
Sections 4.03 and 4.03.1.
    Notwithstanding any provision of law to the contrary,
beginning on July 6, 2017 (the effective date of Public Act
100-23), those amounts required under this paragraph (1) of
subsection (a) to be transferred by the Treasurer into the
Public Transportation Fund from the General Revenue Fund shall
be directly deposited into the Public Transportation Fund as
the revenues are realized from the taxes indicated.
    (2) Except as otherwise provided in paragraph (4), on
February 1, 2009 (the first day of the month following the
effective date of Public Act 95-708) and each month
thereafter, upon certification by the Department of Revenue,
the Comptroller shall order transferred and the Treasurer
shall transfer from the General Revenue Fund to the Public
Transportation Fund an amount equal to 5% of the net revenue,
before the deduction of the serviceman and retailer discounts
pursuant to Section 9 of the Service Occupation Tax Act and
Section 3 of the Retailers' Occupation Tax Act, realized from
any tax imposed by the Authority pursuant to Sections 4.03 and
4.03.1 and certified by the Department of Revenue under
Section 4.03(n) of this Act to be paid to the Authority and 5%
of the amounts deposited into the Regional Transportation
Authority tax fund created by Section 4.03 of this Act from the
County and Mass Transit District Fund as provided in Section
6z-20 of the State Finance Act, and 5% of the amounts deposited
into the Regional Transportation Authority Occupation and Use
Tax Replacement Fund from the State and Local Sales Tax Reform
Fund as provided in Section 6z-17 of the State Finance Act, and
5% of the revenue realized by the Chicago Transit Authority as
financial assistance from the City of Chicago from the
proceeds of any tax imposed by the City of Chicago under
Section 8-3-19 of the Illinois Municipal Code.
    Notwithstanding any provision of law to the contrary,
beginning on July 6, 2017 (the effective date of Public Act
100-23), those amounts required under this paragraph (2) of
subsection (a) to be transferred by the Treasurer into the
Public Transportation Fund from the General Revenue Fund shall
be directly deposited into the Public Transportation Fund as
the revenues are realized from the taxes indicated.
    (3) Except as otherwise provided in paragraph (4), as soon
as possible after the first day of January, 2009 and each month
thereafter, upon certification of the Department of Revenue
with respect to the taxes collected under Section 4.03, the
Comptroller shall order transferred and the Treasurer shall
transfer from the General Revenue Fund to the Public
Transportation Fund an amount equal to 25% of the net revenue,
before the deduction of the serviceman and retailer discounts
pursuant to Section 9 of the Service Occupation Tax Act and
Section 3 of the Retailers' Occupation Tax Act, realized from
(i) 20% of the proceeds of any tax imposed by the Authority at
a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any
tax imposed by the Authority at the rate of 1% in Cook County,
and (iii) one-third of the proceeds of any tax imposed by the
Authority at the rate of 0.75% in the Counties of DuPage, Kane,
Lake, McHenry, and Will, all pursuant to Section 4.03, and the
Comptroller shall order transferred and the Treasurer shall
transfer from the General Revenue Fund to the Public
Transportation Fund (iv) an amount equal to 25% of the revenue
realized by the Chicago Transit Authority as financial
assistance from the City of Chicago from the proceeds of any
tax imposed by the City of Chicago under Section 8-3-19 of the
Illinois Municipal Code.
    Notwithstanding any provision of law to the contrary,
beginning on July 6, 2017 (the effective date of Public Act
100-23), those amounts required under this paragraph (3) of
subsection (a) to be transferred by the Treasurer into the
Public Transportation Fund from the General Revenue Fund shall
be directly deposited into the Public Transportation Fund as
the revenues are realized from the taxes indicated.
    (4) Notwithstanding any provision of law to the contrary,
of the transfers to be made under paragraphs (1), (2), and (3)
of this subsection (a) from the General Revenue Fund to the
Public Transportation Fund, the first $150,000,000 that would
have otherwise been transferred from the General Revenue Fund
shall be transferred from the Road Fund. The remaining balance
of such transfers shall be made from the General Revenue Fund.
    (5) (Blank).
    (6) (Blank).
    (7) For State fiscal year 2020 only, notwithstanding any
provision of law to the contrary, the total amount of revenue
and deposits under this Section attributable to revenues
realized during State fiscal year 2020 shall be reduced by 5%.
    (8) For State fiscal year 2021 only, notwithstanding any
provision of law to the contrary, the total amount of revenue
and deposits under this Section attributable to revenues
realized during State fiscal year 2021 shall be reduced by 5%.
    (b)(1) All moneys deposited in the Public Transportation
Fund and the Regional Transportation Authority Occupation and
Use Tax Replacement Fund, whether deposited pursuant to this
Section or otherwise, are allocated to the Authority, except
for amounts appropriated to the Office of the Executive
Inspector General as authorized by subsection (h) of Section
4.03.3 and amounts transferred to the Audit Expense Fund
pursuant to Section 6z-27 of the State Finance Act. The
Comptroller, as soon as possible after each monthly transfer
provided in this Section and after each deposit into the
Public Transportation Fund, shall order the Treasurer to pay
to the Authority out of the Public Transportation Fund the
amount so transferred or deposited. Any Additional State
Assistance and Additional Financial Assistance paid to the
Authority under this Section shall be expended by the
Authority for its purposes as provided in this Act. The
balance of the amounts paid to the Authority from the Public
Transportation Fund shall be expended by the Authority as
provided in Section 4.03.3. The Comptroller, as soon as
possible after each deposit into the Regional Transportation
Authority Occupation and Use Tax Replacement Fund provided in
this Section and Section 6z-17 of the State Finance Act, shall
order the Treasurer to pay to the Authority out of the Regional
Transportation Authority Occupation and Use Tax Replacement
Fund the amount so deposited. Such amounts paid to the
Authority may be expended by it for its purposes as provided in
this Act. The provisions directing the distributions from the
Public Transportation Fund and the Regional Transportation
Authority Occupation and Use Tax Replacement Fund provided for
in this Section shall constitute an irrevocable and continuing
appropriation of all amounts as provided herein. The State
Treasurer and State Comptroller are hereby authorized and
directed to make distributions as provided in this Section.
(2) Provided, however, no moneys deposited under subsection
(a) of this Section shall be paid from the Public
Transportation Fund to the Authority or its assignee for any
fiscal year until the Authority has certified to the Governor,
the Comptroller, and the Mayor of the City of Chicago that it
has adopted for that fiscal year an Annual Budget and Two-Year
Financial Plan meeting the requirements in Section 4.01(b).
    (c) In recognition of the efforts of the Authority to
enhance the mass transportation facilities under its control,
the State shall provide financial assistance ("Additional
State Assistance") in excess of the amounts transferred to the
Authority from the General Revenue Fund under subsection (a)
of this Section. Additional State Assistance shall be
calculated as provided in subsection (d), but shall in no
event exceed the following specified amounts with respect to
the following State fiscal years:
        1990$5,000,000;
        1991$5,000,000;
        1992$10,000,000;
        1993$10,000,000;
        1994$20,000,000;
        1995$30,000,000;
        1996$40,000,000;
        1997$50,000,000;
        1998$55,000,000; and
        each year thereafter$55,000,000.
    (c-5) The State shall provide financial assistance
("Additional Financial Assistance") in addition to the
Additional State Assistance provided by subsection (c) and the
amounts transferred to the Authority from the General Revenue
Fund under subsection (a) of this Section. Additional
Financial Assistance provided by this subsection shall be
calculated as provided in subsection (d), but shall in no
event exceed the following specified amounts with respect to
the following State fiscal years:
        2000$0;
        2001$16,000,000;
        2002$35,000,000;
        2003$54,000,000;
        2004$73,000,000;
        2005$93,000,000; and
        each year thereafter$100,000,000.
    (d) Beginning with State fiscal year 1990 and continuing
for each State fiscal year thereafter, the Authority shall
annually certify to the State Comptroller and State Treasurer,
separately with respect to each of subdivisions (g)(2) and
(g)(3) of Section 4.04 of this Act, the following amounts:
        (1) The amount necessary and required, during the
    State fiscal year with respect to which the certification
    is made, to pay its obligations for debt service on all
    outstanding bonds or notes issued by the Authority under
    subdivisions (g)(2) and (g)(3) of Section 4.04 of this
    Act.
        (2) An estimate of the amount necessary and required
    to pay its obligations for debt service for any bonds or
    notes which the Authority anticipates it will issue under
    subdivisions (g)(2) and (g)(3) of Section 4.04 during that
    State fiscal year.
        (3) Its debt service savings during the preceding
    State fiscal year from refunding or advance refunding of
    bonds or notes issued under subdivisions (g)(2) and (g)(3)
    of Section 4.04.
        (4) The amount of interest, if any, earned by the
    Authority during the previous State fiscal year on the
    proceeds of bonds or notes issued pursuant to subdivisions
    (g)(2) and (g)(3) of Section 4.04, other than refunding or
    advance refunding bonds or notes.
    The certification shall include a specific schedule of
debt service payments, including the date and amount of each
payment for all outstanding bonds or notes and an estimated
schedule of anticipated debt service for all bonds and notes
it intends to issue, if any, during that State fiscal year,
including the estimated date and estimated amount of each
payment.
    Immediately upon the issuance of bonds for which an
estimated schedule of debt service payments was prepared, the
Authority shall file an amended certification with respect to
item (2) above, to specify the actual schedule of debt service
payments, including the date and amount of each payment, for
the remainder of the State fiscal year.
    On the first day of each month of the State fiscal year in
which there are bonds outstanding with respect to which the
certification is made, the State Comptroller shall order
transferred and the State Treasurer shall transfer from the
Road Fund to the Public Transportation Fund the Additional
State Assistance and Additional Financial Assistance in an
amount equal to the aggregate of (i) one-twelfth of the sum of
the amounts certified under items (1) and (3) above less the
amount certified under item (4) above, plus (ii) the amount
required to pay debt service on bonds and notes issued during
the fiscal year, if any, divided by the number of months
remaining in the fiscal year after the date of issuance, or
some smaller portion as may be necessary under subsection (c)
or (c-5) of this Section for the relevant State fiscal year,
plus (iii) any cumulative deficiencies in transfers for prior
months, until an amount equal to the sum of the amounts
certified under items (1) and (3) above, plus the actual debt
service certified under item (2) above, less the amount
certified under item (4) above, has been transferred; except
that these transfers are subject to the following limits:
        (A) In no event shall the total transfers in any State
    fiscal year relating to outstanding bonds and notes issued
    by the Authority under subdivision (g)(2) of Section 4.04
    exceed the lesser of the annual maximum amount specified
    in subsection (c) or the sum of the amounts certified
    under items (1) and (3) above, plus the actual debt
    service certified under item (2) above, less the amount
    certified under item (4) above, with respect to those
    bonds and notes.
        (B) In no event shall the total transfers in any State
    fiscal year relating to outstanding bonds and notes issued
    by the Authority under subdivision (g)(3) of Section 4.04
    exceed the lesser of the annual maximum amount specified
    in subsection (c-5) or the sum of the amounts certified
    under items (1) and (3) above, plus the actual debt
    service certified under item (2) above, less the amount
    certified under item (4) above, with respect to those
    bonds and notes.
    The term "outstanding" does not include bonds or notes for
which refunding or advance refunding bonds or notes have been
issued.
    (e) Neither Additional State Assistance nor Additional
Financial Assistance may be pledged, either directly or
indirectly as general revenues of the Authority, as security
for any bonds issued by the Authority. The Authority may not
assign its right to receive Additional State Assistance or
Additional Financial Assistance, or direct payment of
Additional State Assistance or Additional Financial
Assistance, to a trustee or any other entity for the payment of
debt service on its bonds.
    (f) The certification required under subsection (d) with
respect to outstanding bonds and notes of the Authority shall
be filed as early as practicable before the beginning of the
State fiscal year to which it relates. The certification shall
be revised as may be necessary to accurately state the debt
service requirements of the Authority.
    (g) Within 6 months of the end of each fiscal year, the
Authority shall determine:
        (i) whether the aggregate of all system generated
    revenues for public transportation in the metropolitan
    region which is provided by, or under grant or purchase of
    service contracts with, the Service Boards equals 50% of
    the aggregate of all costs of providing such public
    transportation. "System generated revenues" include all
    the proceeds of fares and charges for services provided,
    contributions received in connection with public
    transportation from units of local government other than
    the Authority, except for contributions received by the
    Chicago Transit Authority from a real estate transfer tax
    imposed under subsection (i) of Section 8-3-19 of the
    Illinois Municipal Code, and from the State pursuant to
    subsection (i) of Section 2705-305 of the Department of
    Transportation Law, and all other revenues properly
    included consistent with generally accepted accounting
    principles but may not include: the proceeds from any
    borrowing, and, beginning with the 2007 fiscal year, all
    revenues and receipts, including but not limited to fares
    and grants received from the federal, State or any unit of
    local government or other entity, derived from providing
    ADA paratransit service pursuant to Section 2.30 of the
    Regional Transportation Authority Act. "Costs" include all
    items properly included as operating costs consistent with
    generally accepted accounting principles, including
    administrative costs, but do not include: depreciation;
    payment of principal and interest on bonds, notes or other
    evidences of obligations for borrowed money of the
    Authority; payments with respect to public transportation
    facilities made pursuant to subsection (b) of Section
    2.20; any payments with respect to rate protection
    contracts, credit enhancements or liquidity agreements
    made under Section 4.14; any other cost as to which it is
    reasonably expected that a cash expenditure will not be
    made; costs for passenger security including grants,
    contracts, personnel, equipment and administrative
    expenses, except in the case of the Chicago Transit
    Authority, in which case the term does not include costs
    spent annually by that entity for protection against crime
    as required by Section 27a of the Metropolitan Transit
    Authority Act; the costs of Debt Service paid by the
    Chicago Transit Authority, as defined in Section 12c of
    the Metropolitan Transit Authority Act, or bonds or notes
    issued pursuant to that Section; the payment by the
    Commuter Rail Division of debt service on bonds issued
    pursuant to Section 3B.09; expenses incurred by the
    Suburban Bus Division for the cost of new public
    transportation services funded from grants pursuant to
    Section 2.01e of this Act for a period of 2 years from the
    date of initiation of each such service; costs as exempted
    by the Board for projects pursuant to Section 2.09 of this
    Act; or, beginning with the 2007 fiscal year, expenses
    related to providing ADA paratransit service pursuant to
    Section 2.30 of the Regional Transportation Authority Act;
    or in fiscal years 2008 through 2012 inclusive, costs in
    the amount of $200,000,000 in fiscal year 2008, reducing
    by $40,000,000 in each fiscal year thereafter until this
    exemption is eliminated. If said system generated revenues
    are less than 50% of said costs, the Board shall remit an
    amount equal to the amount of the deficit to the State;
    however, due to the fiscal impacts from the COVID-19
    pandemic, for fiscal years 2021, 2022, and 2023, no such
    payment shall be required. The Treasurer shall deposit any
    such payment in the Road Fund; and
        (ii) whether, beginning with the 2007 fiscal year, the
    aggregate of all fares charged and received for ADA
    paratransit services equals the system generated ADA
    paratransit services revenue recovery ratio percentage of
    the aggregate of all costs of providing such ADA
    paratransit services.
    (h) If the Authority makes any payment to the State under
paragraph (g), the Authority shall reduce the amount provided
to a Service Board from funds transferred under paragraph (a)
in proportion to the amount by which that Service Board failed
to meet its required system generated revenues recovery ratio.
A Service Board which is affected by a reduction in funds under
this paragraph shall submit to the Authority concurrently with
its next due quarterly report a revised budget incorporating
the reduction in funds. The revised budget must meet the
criteria specified in clauses (i) through (vi) of Section
4.11(b)(2). The Board shall review and act on the revised
budget as provided in Section 4.11(b)(3).
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
101-10, eff. 6-5-19; 101-636, eff. 6-10-20.)
 
    Section 20. The Employee Sick Leave Act is amended by
changing Section 21 as follows:
 
    (820 ILCS 191/21)
    Sec. 21. Employments exempted from coverage.
    (a) This Act does not apply to an employee of an employer
subject to the provisions of Title II of the Railway Labor Act
(45 U.S.C. 181 et seq.) or to an employer or employee as
defined in either the federal Railroad Unemployment Insurance
Act (45 U.S.C. 351 et seq.) or the Federal Employers'
Liability Act, United States Code, Title 45, Sections 51
through 60, or other comparable federal law.
    (b) Nothing in this Act shall be construed to invalidate,
diminish, or otherwise interfere with any collective
bargaining agreement nor shall it be construed to invalidate,
diminish, or otherwise interfere with any party's power to
collectively bargain such an agreement.
    (c) This Act does not apply to any other employment
expressly exempted under rules adopted by the Department as
necessary to implement this Act in accordance with applicable
State and federal law.
(Source: P.A. 99-921, eff. 1-13-17.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.