PublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b

Sales Tax Reform Fund: (i) subject to appropriation to the Department of Revenue, Municipalities having 1,000,000 ormore inhabitants shall receive 209 6 and may expend such amount to fund and establish a program for developing and coordinating public and private resources targeted to meeL. the affordable housing needs of low-income and very low-income households within such municipality, (ii) 109 0 shall be transferred into the Regional Transportation Authority Occupation and Use Tax Replacement Fund, a special fund in the Statetreasurywhich is hereby created, (iii) subject to appropriation to the Department of Transportation, The Madison County Hetro East Mass Transit District shall receive

.69 0, (iv) the following amounts, plus any cumulative deficiency in such transfers for prior months, shall be transferred monthly into the Build Illinois Fund and credited to the Build Illinois Bond Account therein: FiscalYear 1990 1991 1992 1993 Amount $2,700,000

1,850,000 2,750,000 2,950,000 FromFiscal Year 1994 through Fiscal Year 2025 the transfer shall total $3,150,000 monthly, plus any cumulative deficiency in such transfers for prior months, and (v) the remainder of the money paid into the State and Local Sales Tax Reform Fund shall be transferred into the Local Government DistributivePublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b

Fund and, except for municipalities with 1,000,000 or more inhabitants which shall receive no portion of such remainder, shall be distributed, subject to appropriation, in the manner provided by Section 2 of "An Act in relation to State revenue sharing with local government entities", approved July 31, 1969, as now or hereafter amended. Municipali;:.ies with more than 50,000 inhabitants according to the 1980 U.S. Census and located within the Metro East Mass Transit District. receiving funds pursuant to provision (v) of this paragraph may expend such amounts t.o fund and establisha programfor developing and coordinatingpublic andprivate resources targeted to meet. the affordable housing needs of low-income and very low-income households within suchmunicipality. (Source: P.A. 91-51, eff. 6-30-99.}

Section 7. The Downstate Public Transportation Act is amended by changing Sections 2-2.04, 2-3, 2-6, 2-7, and 2-15 andbyadding Section2-15.2 as follows:

(30 ILCS 740/2-2.04) (fromCh. 111 2/3, par. 662.04) Sec. 2-2.04. "Eligible operating expenses" means all expenses required for public transportation, including employee wages and benefits, materials, fuels, supplies, rental of facilities, taxes other than income taxes, payment made for debt service (including principal and interest) on publicly owned equipment or facilities, and any other 

### I( PublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b expendi;:ure which is an operatingexpense according to standard accounting pract.ices for the providing of public transportation. Eligible operating expenses shall not include allowances: (a) for depreciation whether funded or unfunded; (b) for amortization of any intangible costs; (c) for debt service on capital acquired with the assistance of capital grant funds providedby the State of Illinois; (dl for profits

or return on investment; (el for excessive payment to associated entities; (f) for Comprehensive Employment Training Act expenses; (g) for costs reimbursed under Sections 6 and 8 ofthe "UrbanMass TransportationAct of 1964", as amended; (hl for entertainment expenses; (i) for charter expenses; (j) for fines and penalties; (k) for charitable donations; (1) for interest expense on long term borrowing and debt retirement other than on publicly owned equipment or facilities; (m) for income taxes; or may determine (n) for such other expenses as the Department consistent with federal Department of Transportation regulations or requirements. In consultation with participants, the Department shall, by October 2008, promulgate or update rules, pursuant t:o the Illinois Administrative Procedure Act, concerning eligible expenses to

ensure consistent application of the ActI and the Department shall provide written copies of those rules to all eligible recipients. The Department shall review this process in the

samemanner no less frequentlythan every5 years. With respect to participants other than any Metro-East

### PublicAct 095-0708 HB0656Re-Enrolled LRB095 04786 DRH 24846b

Transit District participant and those receiving federal research development and demonstration funds pursuant to Section 6 of the "Urban Mass Transportation Act of 1964", as amended, during the fiscal year ending June 30, 1979, the maximumeligible operatingexpenses for any suchparticipantin any fiscal year afT.er Fiscal Year 1980 shall be the 

### amount appropriated for such participant for the fiscal year ending June 30, 1980, plus in each year a 10% increase over the maximum established for the preceding fiscal year. For Fiscal Year 1980 themaximum eligible operating expenses for any such participant shallbethe amount ofprojectedoperatingexpenses upon which the appropriation for such participant for Fiscal Year 1980 isbased. With respect to participants receiving federal research development and demonstration operating assistance funds for operating assistance pursuant to Section 6 of the "Urban Mass TransportationAct of 1964", as amended, duringthe fiscal year 

### ending June 30, ]979, 

### the maximum eligible operating expenses for any such participant in any fiscal year after Fiscal Year 1980 shall not exceed such participant's eligible operating expenses for the fiscal year ending June 30, 

### 1980, plus in each year a 10% increase over the maximum established for the preceding fiscal year. For Fiscal Year 1980, the maximum eligible operating expenses for any such participant shall be the eligible operating expenses incurred during such fiscal year, or projected operating expenses upon which the( PublicACL 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b appropriation for suchparticipant for the Fiscal Year 1980 is based; whicheveris less. With respect to all participants oLher than anyMetro-East Transit District participant, the maximum eligible operating expenses for any such participant in any fiscal year after Fiscal Year 1985 (except FiscalYear 2008 andFiscal Year 2009) shall be the amount appropriated for such participant for the fiscal year ending June 30, 1985, plus in each year a 109 0 increase over the maximum established for the preceding year. For Fiscal Year 1985, the maximum eligible operating expenses for any such participant shall be the amount of projected operating expenses upon which the appropriation for such participantfor Fiscal Year 1985 isbased. With respect to anymass transit district participant that has increased its district boundaries by annexing counties since 1998 and is maintaining a level of local financial support, including all income andrevenues, equal to orgreater than the level 

### in the State fiscal year ending June 30, 2001, the maximum eligible operating expenses for any SL.ate fiscal year after 2002 (except State fiscal years yea-r 2006 through 2009) shallbe the amount appropriated for thatparLicipant for the State fiscal yearending June 30, 2002, plus, ineach State fiscal year, a 10% increase over the preceding State fiscal year. For State fiscal year 2002, the maximum eligible operatingexpenses for anysuchparticipant shallbe the amount of projected operating expenses upon which the appropriationPublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b

for -;:.hat participant for State fiscal year 2002 is based. For that participant, eligible operating expenses for State fiscal year 2002 in excess of the eligible operating expenses for the State fiscal year ending June 30, 2001, plus 109 0, must be attribuL.ed to the provision of services in the newly annexed counties. With respect to a participant that receives an initial appropriation in State fiscal year 2002 or thereafLer, the maximum eligible operating expenses for any State fiscal year after 2003 (except State fiscal years ye:.:r 2006 through 2009) shall be the amount appropriated for that participant for the State fiscal year in which it received its initial appropriation, plus, in each year, a 10% increase over the preceding year. For the initial State fiscal year in which a participant received an appropriation, the maximum eligible operatingexpenses for any suchparticipant shall be the amount of projected operating expenses upon which the appropriation for thatparticipant for that State fiscal year isbased. Withrespect to the District servingprimarilythe counties ofMonroe and St. Clair, beginning July 1, 2005, the St. Clair County Transit District shall no longer be included for new appropriation funding purposes aspart oftheMetro-East Public Transportation Fund and instead shall be included for new appropriation funding purposes as part of the Downstate Public Transportation Fund; provided, however, that nothing herein shall al-cer the eligibility of that District for previously (PublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b appropriatedfunds towhich it. wouldocherwisebe entitled. With respect to the Dist.rict serving primarily Madison CountyI beginning July 1, 2008, the Madison County Transic District shall no longer be included for new appropriation funding purposes as part of t.he Metro-East Public Transportation Fund and instead shal1 be included for new appropriation funding purposes as part of the Downstate Public Transportation Fund; provided, however, that nothing herein shall alter the eligibility of that District. for previously appropriatedfunds towhich itwouldotherwisebe entitled. With respect to the fiscal yearbeqinning July 1, 2007, and thereafter, the following shall be included for new appropriation funding purposes as part of the Downstate Public Transportation Fund: Bond County; Bureau County; Coles County; Edgar County; StephensonCounty and the CityofFreeport; Henry County; Jo Daviess County; Kankakee andMcLean Counties; Peoria County; Piatt Count.v; Shelby Countv; Tazewell and Woodford Counties; Vermilion County; Williamson County; and Kendall County. (Source: P.A. 94-70, eff. 6-22-05.J

(30 ILCS 740/2-3) (fromCh. 111 2/3, par. 663) Sec. 2-3. (a) 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 shalltransfer, from the GeneralPublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786DRH 24846b

Revenue Fund to a special fund in the St.ate Treasury which is hereby created, to be known as the "Downstate Public Transportation Fund", an amount equal to 2/32 (beginning July 1, 2005, 3/32) of the net revenue realized from t.he "RetailersI Occupation Tax Ac:t", as now or hereafter amended, the "Service Occupation Tax Act", as now or hereafter amended, the "Use Tax Act.", as now or hereafter amended, and the "Service Use Tax Act", as now or hereafter amended, from persons incurring municipal or county retailers' or service occupation tax liability for thebenefit of anymunicipalityor county located whollywithin theboundaries ofeachpart.icipant otherthan any Metro-East Transit District participant certified pursuant to subsection (c) of this Section during the preceding month, except that the Department shall pay into the Downstate Public Transportation Fund 2/32 (beginning July 1, 2005, 3/32) of 80% of the net revenue realized under the State tax Acts named above within any municipality or county located wholly within the boundaries of each participant, other than any Metro-East participant, for tax periods beginning on or after January l, 1990; provided, howevc::, "':.h,:t beg"nn::'_ng with fiscal year 1925, the -::.rar.sfers into the Downstate Public Transportation Fund during any 

### f::'_seal year 

### shall no-:. eneeed the annual appropriation from ':he Dmmstate Public Transpor"':.at'on Fund

:=or that year. The Department of Transporta"':.ion shall no"':.ify ':he Dcpartffient o: Revermc af!d the Comptroller at the beginning of 

### each f~scal year of 

### the afflount oft.he 

### ann.,_;a:!. appropriation ({ 

### PublicAct 095-0708 HB0656

### Re-Enrolled LRB095 04786 DRH 24846b



### froffl the Beem

### state Public Tra:1sp::rt2t:_on Fund. Ne-;:. revenue realized for a month shall be the revenue collected by the State pursuant to such Acts during the previous month from persons incurring municipal or county retailers' or service occupationtax liabilityfor thebenefit of anymunicipalityor county located wholly within the boundaries of a participant, less the amount paid out during that same month as refunds or credit memoranda to taxpayers for overpayment of liability under such Acts for the benefit of any municipality or county locatedwhollywithintheboundaries ofa participant. (b) As soon as possible after the first day of eachmonth, beginning July 1, 1989, upon certificationofthe 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 Treasurywhich is hereby created, to be known as the "Metro-East Public Transportation Fund", an amount equal to 2/32 

### of the net revenue realized, as above, from within the boundaries of Madison, Monroe, and St. Clair Counties, except that the Department shall pay into the Metro-East Public Transportation Fund 2/32 

### of 80% 

### of the net

revenue realized under the State tax Acts specified in subsection (a) of this Section within the boundaries of Madison, Monroe and St. Clair Counties for tax periods beginning on or after January 1, 1990. Alocalmatchequivalent to an amount which couldbe raisedbya tax levy at the rate of .05% onthe assessedvalue ofpropertywithin theboundaries ofPublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b

Madison Countyis required annuallyto cause a total of 2/32 of the net revenue to be deposited in the Metro-East Public Transportation Fund. Failure LO raise the required local match annually shall result in only 1/32 being deposited into the Metro-East Public Transporta"Cion Fund after July 1, 1989, or 1/32 of 80% of the net revenue real~zed for tax periods beginningon or afterJanuary 1, 1990. (b-5) As soon as possible after the first day of each month, beginning July 1, 2005, upon certification of the Depan:.ment of Revenue, the Comptroller shall order transferred, and the Treasurer shall transfer, fromthe Genera: Revenue Fund to the Downstate Public Transportation Fund, an amount equal to 3/32 of 80% of the net revenue realized from within the boundaries of Monroe and St. Clair Counties under the State Tax Acts specified in subsection (a) of this Section and provided further that, beginning July 1, 2005, the provisions of subsection (b) shallno longer applywith respect to suchtaxreceipts fromMonroe andSt. ClairCounties. (b-6) As soon as possible after the first day of each month, beginning July 11 20081 upon certification by the Department of Revenue, the ComPLroller shall order transferred andtheTreasurer shalltransfer, from the GeneralRevenue Fund tothe Downstate PublicTransportation Fund, an amount equal to 3/32 of 80% of the net revenue realized from within the boundaries ofMadison Countyunder the StateTaxActs specified in subsection (a) of this Section and provided further that, (PublicAct 095-0708 

## ' HB0656 Re-Enrolled LRB095 04786 DRH 24846b beginning July 1, 2008, the provisions of subsection (bl shall

no longer apply with respect to such Lax receipt.s from Madison County. (c) The Department shall certify to the Department of Revenue the eligible participants under this Article and the terriL.orial boundaries of suchparticipants for the purposes of the Department of Revenue in subsections (a} and (b) of this Section. (d) For the purposes of this Article, beginning in fiscal year 2009 the General Assembly shall appropriate the Gepart.w.cnt shall include 

## :.r. its ar.raal request :or appEoF-iation of ordinary and contingent e::pcrises an amount from the Downstate ( Public Transportation Fund equal to the sum total funds projected to be paid to the participants pursuant to Section 2-7. If the General Assembly fails to make appropriations sufficient to cover the amounts projected to be paid pursuant to Section 2-7, this Act shall constituce an irrevocable and continuing appropriation from the Downstate Public Transportation Fund of all amounts necessary for those purposes. (e) In addi":ion ':o any oth::Epcrmi':teduse ofmoney.., ifl the Fund, and not,:ithstandiflg any rcstr:-cticn on ":he ::oc of the Fund, ff,orieys in the Dmmstatc Publ.:c Tranopor~ation Fundffiay be transferred ':o the General Rc,renue :::"und as authorizedby Public Act 87 14. TF.c General Assembly finds tha~ an encess ofmoneys existed in the Fund on July 1991, and the Governoris orderPublicAct 095-0708 HB0656 Re-Enrolled 

### LRB095 04786 CRH 24846b

0£ Z::ly 30, '991, and chc co·:crr.or's order 

### e::: 30f 199:;_/ 

### requesting the Comptrollc::: 

### and '.:'rcaourer to transfer an aFRcur.t frCFn t:'12 

### FundtotheGeneral Rc.·cr.ue Fund .:;_5 hereby ·os.lid.::tcd. (Source: P.A. 94-70, eff. 6-22-05.)

(30 ILCS 740/2-6) (fromCh. 111 2/3, par. 666) Sec. 2-6. Allocationof funds. {a) With respect to all participants other than any Metro-East Transit District participant, the Department shall allocate the funds to be made available to each participant under this Article for the following fiscal year and shall notify the chief official of each participant not later than the first day of the fiscal year of this amount, For Fiscal ( Year 1975, notification shallbemade not laterthan January 1, 1975, of the amourn:. of such allocation. In determining the allocation for eachparticipant, the Department shall estimate the funds available to the participant from the Downstate Public Transportation Fund for the purposes of this Article during rhe succeeding fiscal year, and shall allocate to each participant the amount attributable to it which shall be the amountpaidintotheDownstate PublicTransportationFundunder Section 2-3 from within itsboundaries. Saidallocationsmaybe exceeded for participants receiving assistance equal to one-third of their eligible operating expenses, only if an allocation is less than one-third of such participant's eligible operating expenses, provided, ho1tlever, that no otherPublicAct. 095-0708 HB0656 Re-Enrolled LRB095 04786DRH 24846b participant is denied its one-third of eligible operating expenses. Beginningin Fiscal Year 1997, saidallocationmaybe exceeded for participants receiving assistance equal to t.he percentage oftheireligible operatingexpensesprovidedfor in paragraph (b) of Section 2-7, only if allocation is less than the percentage of such participant's eligible operating expensesprovidedfor inparagraph (b) of Section2-7, provided however, that no other participant. is denied itspercentage of eligible operatingexpenses. {b) With regard to any Metro-East Transit District organizedunder theLocalMass Transit DistrictAct andserving

one or more of the Counties of Madison, Monroe and St. Clair during Fiscal Year 1989, the Department shall allocate the funds to be made available t.o each participant for the following and succeeding fiscal years and shall notify the chief official ofeachparticipant not later than the first day of the fiscal year of this amount. Beginning July 1, 2005, and ending June 301 2008, the Department shall allocate the amount paid into the Metro-East Public Transportation Fund to the District servingprimarilytheCountyofMadison. (Source: P.A. 94-70, eff. 6-22-05.)

(30 ILCS 740/2-7) (fromCh. 111 2/3, par. 667) Sec. 2-7. Quarterlyreports; annual audit. (a) Any Metro-East Transit District participant shall, no later than 60 days following the end of each quarter of anyPublicAct 095-0708 HB0656Re-Enrolled LRB095 04786 DRH 24846b

fiscal year, file with the Department on forms provided by the Department for that purpose, a report oft.he actual operating deficit experienced during that quarter. The Department shall, upon receipt of the quarterly report, determine whether the operatingdeficits were incurredin conformitywith theprogram ofproposedexpenditures approvedbythe Departmentpursuantto Section 2-11. Any Metro-East District may eit.her monthly or quarterly for any fiscal year file a request for the participantIs eligible share, as allocated in accordance with Section 2-6, of the amounts transferred into the Metro-East PublicTransportation Fund. {b) Each participant. other than any Metro-East Transit District: participant shall, 30 days before the end of each quarter, file with the Department on forms provided by the Depart.ment for suchpurposes a report of theprojectedeligible operating expenses t.o be incurred in the next quarter and 30 days before the third and fourth quarters of any fiscal year a statement of actual eligibleoperatingexpenses incurredinthe preceding quarters. Except as otherwise provided in subsection (b-5), within 45 days of receipt by the Department of such quarterly report, the Comptroller shall order paid and the Treasurer shall pay from the Downstate Public Transportation Fund to each participant an amount equal to one-third of such participant's eligible operating expenses; provided, however, that in Fiscal Year 1997, the amount paid to each participant from the Downstate Public Transportation Fund shall be anPublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b

amount equal to 47% of such participant 1s eligible operating expenses and shall be increased to 49% inFiscal Year 1998, 51% in Fiscal Year 1999, 53% in Fiscal Year 2000, d't'te- 55% in Fiscal Years ¥efrr 2001 throuoh 2007, and 65% in Fiscal Year 2008 and thereafter; however, in any year that a participant receives funding under subsection {i) of Section 2705-305 of the Department of Transportation Law (20 ILCS 2705/2705-305), that participant shall be eligible only for assistance equal to the following percentage of its eligibleoperatingexpenses: 

### 42% in Fiscal Year 1997, 44% in Fiscal Year 1998, 46% in Fiscal Year 1999, 48% in Fiscal Year 2000, and 50% in Fiscal Year 2001 and thereafter. Any such payment for the third and fourth quarters of any fiscal year shallbe adjustedto reflect actual eligible operaLing expenses for preceding quarters of such fiscal year. However, no participant shall receive an amount less than that whichwas received in the immediateprior year, providedin the event of a shortfall in the fund those participants receiving less than their full allocationpursuant to Section 

### 2-6 of this Article shall be the first participants to receive an amount not less than that receivedin the immediateprioryear. (b-5) (Blank.) With respect to c::re Biotriet serving primarily the cou:1ties ofMonroe and St. Clair, bcg.:.nning July 1, 2005 and each fiscal year thereafter, the District may, as

an alternative to the provisions of oubscct.:.en (b) of Section 2 7, fL!.e a request cdth the Departrr,cnt for a monthly p2.yffient of 1/12 of the affisunt appropriated to the District for thatPublicAct 095-0708 HB0656 Re-Enrolled 

### LRBD95 04786 DRH 24846b
f_::'__scal year; c::ccpt :.ha:., for t:1e f_::'__nal ::wnth sf t:le f;s::.::.l year, the Sistr'ct's request shall be _::'__n ar. .::.r::.ount s·.:ch that the total p.::.Yfficnts fftadc to the Di.strict ir. that f.::'..s::al yea::: do 

### net e:;ceed the lesser 

### cf (i) 

### 55% cf the District's eligible cpca~at'r.g cxpcr.scs -""er that £.:i.sca' year or (ii) the total 

### afftcunt app:::cpria:.cdtothe Bi.stri.ct

### for that .:"isce.l year. (b-10) On July 1, 2008, each participant shall receive an appropriation in an amount equal to 65% of its fiscal year 2008 eligible operatingexpenses adjustedby the annual 10% increase required by Section 2-2.04 of this Act. In no case shall any participant receive an appropriation that is less than its fiscal year 2008 appropriation. Every fiscal year thereafter, eachparticipant's appropriation shall increaseby 10% overthe appropriation esL.ablished for the preceding fiscal year as requiredbySection2-2.04 ofthisAct. (b-15) Beginning on July 1, 20071 and for each fiscal year thereafter, each pan:icipant shall maintain a minimum local share contribution (from farebox and all other local revenues) equal to the actual amount providedin Fiscal Year 2006 or, for

new recipients, an amount equivalent to the local share providedinthe first yearofparticipation. (b-20) Any participant 

### in the Downstate Public Transportation Fund may use State operating assistance pursuant to this Section t.o provide transportation services within any county that is contiguous to its territorial boundaries as defined by the Department and subject to

### PublicAct 095-0708 HB0656 Re-Enrolled Departmental approval. Any LRB095 04786 DRH 24846b



### such contiguous-area service provided by 

### a participanT. after July l, 

### 2007 must meet the requirements of subsection {a) ofSection 2-5.1. (c) No later than 180 days following the last day of the Fiscal Year eachparticipant shall provide the Departmentwith

an audit prepared by a Certified Public Accountant. covering that Fiscal Year. For those participants other than a Metro-East Transit District, any discrepancy between the grants paid and the percentage of the eligible operating expensesprovided for byparagraph (b) of T.his Section shallbe reconciledbyappropriatepayment or credit. In thecaseof any Metro-East Transit District, any amount of payments from T.he Metro-East Public Transportation Fund which exceed the eligible deficiT. of the participant shall be reconciled by appropriatepaymentorcredit. {Source: P.A. 94-70, eff. 6-22-05.)

(30 ILCS 740/2-15) (fromCh. 111 2/3, par. 675.1) Sec. 2-15. Except as otherwise provided in this Section, all funds which remain in the Downstate Public Transportation Fund or the Metro-East Public Transportation Fund after the payment of the fourth quarterly payment to participants other than Metro-East Transit District participants and the last monthly payment to Metro-East Transit participants in each fiscal year shall be transferred 

## ill to the General Revenue Fundthrough fiscal year 2008 and (ii) to theDownstate TransitPublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b Improvement Fund for fiscal year 2009 and each fiscal year thereaf1:.er. Transfers shall be made no later than 90 days following the end of such fiscal year. Beginning fiseal year 2010, allmoneys eachyearinthe DownstateTransit Improvement Fund, held solely for the benefit of the par1:.icipants in the Downstate Public Transportation Fund and shall be appropriated to the Department to make competitive capital grants to the participants of the respective funds. However, such amount as 1:.he Departmentdetermines tobenecessary for (1) allocationto participants for the purposes of Section 2-7 for the first quarter of the succeeding fiscal year and (2) an amount equal to 2% of the total allocations to participants in the fiscal yearjustendedtobeusedfor thepurpose of audit adjustments shall be retained in such Funds to be used by the Department for suchpurposes. (Source: P.A. 86-590.)

(30 ILCS 740/2-15.2 new) Sec. 2-15.2. Notwithstanding any law to the contrary, no later than 60 days following the effective date of this amendatory Act of the 95th General Assembly, any fixed route public transportation services provided bv1 or under grant or purchaseof service contractsof, everyparticipant, as defined in Section 2-2.02 (1)(a), shall be provided without charge to all senior citizen residents of the participant aqed 65 and older, under such conditions as shall be prescribed by the 

### (PublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b participant..

Section 8. The Illinois PensionCode is amendedby changing Section 22-101 andbyadding Section22-lOlB as follows:

(40 ILCS 5/22-101) {f:rnmCh. 108 1/2, par. 22-101) Sec. 22-101. Retirement Plan for Chicago TransitAuthority Emp1oyees. He~--cpc2.itanTrans"t Authority (CTA) Pe;:,s·or. Fund. (a) There shall be established and maintained by the Authority createdby the "Metropolitan TransitAuthorityAct", approved April 12, 1945, as amended, (referred t.o in chis Section as the "Authority") a financially sound pension and retirement systemadequate toprovide for all paymentswhen due under such established system or as modified from time to time by ordinance of the Chicago Transit Board or collective bargaining agreement. For this purpose, the Board must make contributions to the established system as requiredunder this Section and may make any additional contributions provided for by Board ordinance or collective bargaining agreement. The participating employees shall make such periodic payments to the established system as required under this Section and may make any additional contributions provided for may be determi.ned by Board ordinance or collective bargaining agreement. The Board, in ~icu soc"al security payments 

### required to be 

### paid by

### private co:-porations engagedin similar activity, shall make payments intc such 20":.2:bl.::.shcd system atPublicAct 095-0708 HB0656Re-Enrolled LRB095 04786 DRH 24846b

::..cas::. eq:.ial 

### in aF.tsun::. 

### ts -:.he amount 

### ::::c required 

### to be pa.:d

### by suchpriv.::;.tc cerpcra:...icns. Provisions shall be made by the Board for all Board F.teffibers, officers and employees of the Authority appointed pursuant. to -r.he "MetropolitanTransitAuthorityAct" tobecome, subject to reasonable rules and regulations, participants meFRbers sr b::::ncf.:'._::::iar"cs of the pension or retirement system wi1:.h uniform rights, privileges, obligations and status as to the class in which such officers and employees belong. The terms, conditions and provisions of any pension or retirement system or of any amendment or modification thereof affecting employees who are members of any labor organization may be established, amended or modified by agreement with such labor organization, provided the termsr conditions and provisions must be consistentwith this Act, the annual funding levels for the retirement system established by law must be met and the benefits paid to future participants in the system may not exceed the benefit ceilings set for future participants under this Act and the contribution levels requiredby the Authority and its employees may not be less than the contribution levels established under this Act b:::... Fftt:st be consistent with the ::cqu:.rcfficr.ts ofthis Section. (b) The Board of Trustees shall consist of 11 members appointed as follows: (i) 5 trustees shall be appointedby the Chicago TransitBoard; {ii) 3 trustees shallbe appointedby an organization represen1:.ing the highest number of Chicago (( 

### PublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b


### Transit Authority participants; (iii) one trustee shall be appointed by an organizat-ion representing the second-highest number of Chicago Transit Authority participants; (iv) one trustee shall be appointed by the recognized coalition representatives of participants who are not represented by an organization with the highest or second-highest number of Chicago Transit Aut.hority participants; and (v) one trustee shall be selected by the Regional Transportation Authoritv Board of Directors, and the trustee shall be a professianal Tiduciary who has experience in the area of collectively bargainedpensionplans. Trustees shall serveuntil a successor has been appointed and qualified, or until resignation, death, incapacity, ordisqualification. Any person appointed as a trustee of the board shall qualify by taking an oath of office that he or she will diligently and honestly administer the affairs of the system and will not knowingly violate or willfully permit the violation of anv of the provisions of law applicable to the Plan, including Sections 1-109, 1-109.1, 1-109.2, 1-110, 1-111, 1-1141 

### and 1-115ofthe IllinoisPensionCode. Each trustee shall cast individual votes, and a majority vote shall be final and bind-ing upon all -interested parties, providedthat theBoardof Trusteesmay require a supermajority vote with respect to the investment of the assets of the Retirement Plan, and may set forth that requirement in the Retirement Plan documents, by-laws, or rules of the Board of

### PublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786DRH 24846b

Trustees. Each trustee shall have the rights, privileoes, authority, and obligations as are usual and customarv for such fiduciaries. The Board of Trustees may cause amounts on deposit in the Retirement Plan to be invested in those investments that are permitted investments for the investment of moneys held under any one or more of the pension or retirement systems of the State, anyunit of local government or school district, or any aqency or instrumentality thereof. The Board, by a vote of at least two-thirds of the trustees, may transfer investment managemenr. to the Illinois State Boardof Investment, which is herebyauthorizedtomanage theseinvestmentswhen sorequested bytheBoardofTrustees. (c) All individualswho werepreviouslyparticipants in the Retirement Plan for Chicago Transit Authority Employees shall remain participants, and shall receive the same benefits established by the Retirement Plan for Chicago Transit AuthorityEmployees, except as provided in this amendatoryAct

or by subsequent. legislative enactment or amendment to the Retirement Plan. For Authority employees hiredon or after the effective date of this amendatory Act of the 95th General Assemblv, the Retirement Plan for Chicago Transit Authority Employees shall be the exclusive retirement plan and such employees shall not be eligible for any supplemental plan, except for a deferredcompensationplan fundedonlyby

### employee contributions. (

### i

( 

### PublicAct 095-0708 HB0656Re-Enrolled LRB095 04786DRH 24846b

Forall Authority

### employees who are first hiredonorafter the effective date of this amendatory Act of the 95th General 

### Assembly and are participants in the Retirement Plan for Chicago Transit Authority Employees, the 

### following terms, conditions and provisions 

### with respect to retirement shall be 

### applicable: (1) Suchparticipant shallbeeligibleforanunreduced retirementallowance for lifeuponthe attainment ofage 64 with 25 

### years ofcontinuous service. (2) Such participant shall be eligible for a reduced 

### retirementallowance for lifeuponthe attainmentofage 55 with 10 years of continuous service. (3) For the purpose of determining the retirement allowance to be paid to a retiring employee, the term "Continuous Service" as used in the Retirement Plan for ChicagoTransit AuthorityEmployees shall alsobe deemedto include all pension credit for service with any retirement system established under Article 8 or Article 11 of this Code, provided that the employee forfeits and relinquishes all pension credit under Article 8 or Article 11 of this Code, and the contribution required under this subsection is made by the employee. The Retirement Plan's actuary shall determine the contribution paidbythe employee as an amount equal to the normal cost of the benefit accrued, had the servicebeen rendered as an employee, plus interestper

annum from the time such service was rendered until thePublicAct 095-0708 HB0656Re-Enrolled LRB095 04786DRH 24846 b

date thepayment ismade. (d) From the effective date of this amendatoryAct through December 31, 2008, all participating emplovees shall contribute r.o theRetirement Plan in an amount not less than 6% of compensation~ and the Authority shall contribure to the Retirement Planinan amount not less than 12~ ofcompensation. (e) (1) Beginning January 1, 2009 the Authoritv shall make contributions to the Retirement Plan in an amount equal to twelve percent. (12'o) of compensation and participating employees shallmake contributions to the Retirement Plan in an amount equal to six percent (6%) of compensation. These contributions may be paid by the Authority and participating employees on a payroll or other periodic basis, but shall in anycasebepaidtotheRetirementPlan at leastmonthly. (2) For t.he period ending December 31, 2040, r.he amount paidby the Authority in any year with respect to debt service

on bonds issued for the purposes of funding a contribution to the Retirement Plan under Section 12c of the Metrooolitan Transit Authority Act, other than debt service oaid with the proceeds ofbonds or notes issuedby theAuthorityfor any year after calendar year 2008, shall be treated as a credit against the amount of required contribution to the Retirement Plan by theAuthorityunder subsection (e)(1) for the following yearup to an amount not to exceed 69 0 of compensation paid by the Authorityinthat following year. (3) By September 15 of each year beginning in 2009 and (I

( 

### PublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b

endina on December 31, 2039, on the basis of a report 

### prepared by an enrolled actuary retained by the Plan, the Board of Trustees of the Retirement Plan shall determine the estimated funded ratio of the total assets of the Retirement Plan to its total actuarially determined liabilities, A report containing 

### thatdetermination andLhe actuarial assumptions onwhich it

### is based shallbe filedwith theAuthority, the representatives of its participating employees, the Auditor General of the State 

### of Illinois, and the Regional Transportation Authority. If the funded ratio is projected to decline below 609 0 in any year 

### before 20401 

### the Board of Trustees shall also determine the increasedcontributionrequiredeachyear as a levelpercentage of payroll over the years remaining until 2040 

### using the proiectedunitcredit actuarial costmethod so the fundedratio does not decline below 60% and include that determination in its report. If the actual funded ratio declines below 60>'o 

### in any year prior to 2040, the Board of Trustees shall also determine the increased contribution required each year as a level percentage of payroll during the years after the then current year usinq the projected unit credit actuarial cost method so the funded ratio is projected to reach at least 60%

no later than 10 years after the then current year and include that determination in its report. Within 60 davs after receiving the report, the Auditor General shall review the determination and the assumptions on which it is based, and if he finds that thedeterminationandthe assumptions onwhich itPublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b

is based are unreasonable in the aggregate, he shall issue a
newdetermination ofthe funded ratio, the assumptions onwhich it is based and the increased contribution required each year
as a levelpercentage ofpayroll over the years remaininguntil 2040 using the projected unit credit actuarial cost method so the funded ratio does not decline below 60% or in the event of an actual decline below 60%, so the funded ratio is projected to reach 60% bvno later than 10 years afterthe then current year. If the Board of Trustees or the Auditor General determine that an increased contribution is required to meet the funded ratio requiredby the subsection, effective January 1 following the determination or 30 days after such determination, whichever is later one-third of the increased contribution shall be paid by participating employees and two-thirds by the Authority, in addition to the contributions requiredbythis subsection (1). (4) Fortheperiodbeginning2040, theminimumcontribution to the Retirement Plan for each fiscal year shall be an amount determined by the Board of Trustees of the Retirement Plan to be sufficient tobring the total assets of the Retirement Plan up to 90% of its total actuarial liabilities by the end of 2059. Participating employees shall be responsible for one-third of the required contribution and the Authority shall be responsible for two-thirds of the required contribution. In making these determinations, the Board of Trustees shall calculate the required contribution each year as a level (

### PublicAct 095-0708 HB0656Re-Enrolled LRB095 04786DRH 24846b 

### percenLage ofpayroll overtheyears remainingtoandincluding fiscal year2059usingtheprojectedunitcredit actuarial cost method. A report containing that determination and the actuarial assumptions on which it is based shall be filed by September 15 of each year with the Authority, the representatives of its participating employees, the Auditor General of the State of Illinois and the Reaional Transportation Authority. If the funded ratio is projected to fail to reach 90% by December 31 2059 the Board of Trustees shall also determine the increased contribution required each year as a level percentage ofpayroll over the years remaining until December 31, 2059 using the projected unit credit actuarial cost method so the funded ratio will meet 9090 bv December 31, 2059 andinclude thatdetermination in itsreport. Within 60 days after receivinq the report, the Auditor General shall review the determination and the assumptions on which it is based and if 

### he finds that the determination and the assumptions on which it is based are unreasonable in the aggregate, he shall issue a new determination of the funded ratio, the assumptions on which it is based and the increased contribution required each year as a level percentage of payroll over the years remaining until December 31, 2059 using the projected unit credit actuarial cost method so the funded ratio reaches no less than 90% by December 31, 2059. If the Board of Trustees or the Auditor General determine that an increased contribution is required to meet the funded ratioPublicAct 095-0708 HB0656 Re-Enrolled 

### LRB095 04786DRH 24846b requiredby Lhis subsection, effective January 1 following the determination or 

### 30 days after such determination, whicheveris later, one-thirdof the increasedcontribution shallbepaidby parLicipating employees and two-thirds bv the Authority, in additionto the contributions requiredbysubsection (e) (1). (5) Beginning in 2060, the minimum contribution for each year shallbe the amount neededtomaintain the L.otal assets of the Retirement Plan at 90% of the total actuarial liabilities of the Plant andthe contribution shallbe fundedtwo-thirdsby the Authority and one-L.hird by the participating employees in accordance with this subsection. (f) The Authority shall take the steps necessary to comply with Section 414(h) (2) ofthe Internal Revenue Code of 19861 as amended, to permit the pick-up ofemployee contributions under subsections (d) and {e) on a tax-deferredbasis. (g) The Board of Trustees shall certify to the Governor, the General Assembly the Auditor General, the Board of the Regional Transportation Authority, and the Authority at least 90 days prior to the end of each fiscal year the amount of the required contributions to the retirement system for the next retirement system fiscal year under this Section. The certification shall include a copy of the actuarial recommendations upon which it is based. In addition, copies of the certification shallbe sentto the Commission on Government ForecastingandAccountabilityandtheMayor of Chicago. (h) (1) As to an employee who first becomes entitled to aPublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b

retirement allowance corrLmencino on or after November 30 1989 the retirement allowance shall be the amount determined in accordancewith the following formula: (Al One percent (Pc} of his "Average Annual Compensation in the hiqhest four (4) completed Plan Years" for each full year of cont.inuous service from the date of original employment to the effective date ofthe Plan; plus (B) One and seventy-five hundredths percent (1.75%) of his "Average Annual Compensation in the highest four (4) completed Plan Years" for each year (including fractions thereof to completed calendar months) of continuous service as provided for in the Retirement Plan for Chicago TransitAuthorityEmployees. Provided, however that: (2) As to an employee who first becomes entitled to a ret:irement allowance commencing on or after January 1, 1993, the retirement allowance shall be the amount determined in accordancewith the following formula: {A) One percent of his "Average Annual Compensation in the highest four (4) completed Plan Years" for each 

### full year of continuous service from the date of originalemployment tothe effectivedate of the Plan; plus (B) One and eighty hundredths percent (1.809 0) of his "Average Annual Compensation in the highest four (4) completed Plan Years" for each year (including fractions thereof to completed calendar months) of continuousPublicAct095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b

service as provided for in the Retirement Plan for Chicago TransitAuthorityEmployees. Provided howeverthat.: (3) As to an employee who first becomes entitled to a retirement allowance conunencing on or after January 1, 1994, the ret-irement allowance shall be the amount determined in accordancewiththe following formula: (A) One percent (1%) of his "Average Annual Compensation inthe highest four (4) completed Plan Years" for each full year of continuous service from the date of original employmenttotheeffective date ofthe Plan; plus (B) One and eighty-five hundredths percent (1.85%) of his "Average Annual Compensation in the highest four (4) completed Plan Years" for each year (including fractions thereof to completed calendar months) of continuous service as provided for in the Retirement Plan for Chicago TransitAuthoritvEmployees. Provided howeverthat: (4) As to an employee who first becomes entitled to a retirement allowance commencing on or after January 1, 2000, the retirement allowance shall be the amount determined in accordancewiththe following formula: (A) One percent (1%) of his "Average Annual Compensat.ion 

### in the highest four (4) completed Plan Years" for each full year of continuous service from the date of original employmenttotheeffective date ofthe Plan; plus (( PublicAct 095-0708 HB0656 Re-Enrolled

(Bl Two percent of LRB095 04786 DRH 24846b

his "Average Annual Compensation in the highest four (4) completed Plan Years" for each year (including fractions thereof to completed calendar months) of continuous service as provided for in the Retirement Plan for Chicago Transit Authority Employees. Provided, howeverthat: (5) As to an employee who first becomes entitled to a retirement allowance commencing on or after January 

### 1, 2001, the retirement al1owance shall be the amount determined in accordance withthe following formula: (Al One percent 

### (lII Of' his "Average Annual Compensation in the highest four (4) completed Plan Years" for each full year of continuous service from the date of original employmenttotheeffectivedate ofthePlan; plus (B} Two and fifteen hundredths percent (2.15%) of his "Average Annual Compensation in the highest four (4) completed Plan Years" for each vear (including fractions thereof to completed calendar months) of continuous service as provided for in the Retirement Plan for Chicago TransitAuthorityEmployees. The changesmadebythis amendatoryAct of the 95thGeneral Assembly, to the extent that they affect the rights or privileges of Authority employees that are currently the subject of collective bargaining, have been agreed to between the authorized representatives of these employees and of the

### PublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b Authority prior to enactment of this amendatory Act, as evidenced by a Memorandum of Understanding between these representatives that:. 

### will be filed with the Secretary of State Index Department and designated as "95-GA-COS". The General Assembly finds and declares that those changes are consistent with 49 U.S.C. 5333(b) (also known as Section 13(c) of the Federal Transit Act) because of this agreement between authorized representatives of these employees and of the Authority, and that any future amendments to the provisions of this amendatorvAct of the 95thGeneralAssembly, to theextent those amendments would affect the rights and privileges of Authority employees that are currently the subject of collective bargaining, would be consistent with 49 U.S.C. 5333(b) if and only if those amendments were agreed to between these authorizedrepresentativespriortoenactment. (i) Earlyretirement incentiveplan; fundedratio. (1) Beqinningon the effective date ofthis Section, no early retirement incentive shall be offered to participants of the Plan unless the Funded Ratio of the Planis at least 80% ormore. (2) For the purposes of this Section, the FundedRatio shall be the Adjusted Assets divided by the Actuarial Accrued Liability developed in accordance with Statement #25 promulgated by the Government Accounting Standards Board and the actuarial assumptions described in the Plan. The Adjusted Assets shall be calculated based on the (PublicAct 095-0708 ( HB0656 Re-Enrolled LRB095 04786 DRH 24846b methodologydescribedinthe Plan. (jI Nothing in this amendatory Act of the 95th General Assembly shall impair the rights or privileges of Authority employeesunder anvotherlaw. (b) Bcgi:1ning January 1, 2009, the Ac.cheri-::y shall ffl.akc contr:.butiens -::o ~he retirefficflt systeffi ifi an amour,:... ·,;hish, -::egether Kith the eol"l:t:ibc.tions c:: par::.icipants, ir.tcrcst earned en .:.rn-estrnents, and othe1- income, r,;ill. m:cct tf'.c cos-:: rr,aintaining and adminio::.er:'..ng the reti.refftent plan lfi accordar:.ce ·.:i-::h appli:::::able as-<;::.;_;.::._,-ial rc._offifftcndationo and assuffiPticns and the x:cqu'rcFF.en:cs OJ. this Section. T:'rcse contributions maybe paid on a payroll or e-::hcr pe:-iod.:.cbasis, b·.;t shall in ar.ycasebe paidatleas::.monthly. For rctireffier.-:: system fi:::cal years 2009 through 2058, '::.he miniffi:uw, ::ontributien ::.o the reti::eF.tent systeFft ::.o beff,ade by the Authority fer each fiscal year shall be an affioun~ detcnnined jo.:.n:....!.y by '::.he Authori~y a?td the trus-::ec of the ret·rcrr,cnt oyotcFF, to be su:':fieient to br:.ng the te~al assets of Che re-::.irefficnt oyo-::.ew, up to 90~ of i-::.s total. actuarial liab:.,i.::.ieo by the endof fiscal year 2058. In making these deterff,inatien::s, '::.he required Authority contribution shall be calculated each year as a level percentage ofpayroll o..-cr the years remaining to and including :":iscal year 20§8 and shallbe detcrffiincdunder -::he prejected unit credit actuarial cost u,e-::.hed. Beginning in retirement syo:...effi fiscal yea,- 2859, the ff,inifi",Uffi Authority contribution :':or each fiscal year of'.allbe the amount needed toPublicAct 095-0708 HB0656Re-Enrolled LRB095 04786 DRH 24846 b

maintain the total assets of the •ctirement system at 90% sf the total actuarial 'iabil"tics of the oys-effi. For purposes ~£ c. dcte~-mining employer ccn':_rib:.:ti;:;ns and act:.:ar'a' liab"li_ics under this subsection, contribut"cns and liabilities rc2.at"r.g to hca!th cs.re bene:'.:its shall net be i::-.cL.:ded. Ao used in this Section, "r:::.tirrn,ent system fiscal year" means the calendar yea::, o:c ouch other p1an year as r:.ay be deficed f:::Offi

# .. clfflC to ti~,e in the ag,..eerr.ent ~mown as the Retirement 9lal9: for Chicago Transitl'.utflorityEff.ployces, erits su::ces5cr agreement. (::) The Authorit:i,· and the tr:.:stee sha2.l jo"ntlycertify to 'the ~overncr, the General l.s5efflbly, and the Boe.rd s:' the :'-cgional ':'ransper:.atic:1 Tiuthority ::;:. er be"'°ore Ho•,~cmber ~5 of ( 2008 and s::' e:::eh year therea:'ter Che ai.:P.eu:,:... sf the required Au-::.hority contrib:.:-::.icr.s to t':1e retirc.F,cnt systcffi for the next rcti:::-err.ent syotCffl ~isce::l year ur.der subscctic:1 (bl. ~he ccrti::'"catien shall include a copy the acL:arial reesfflP.'.enda_io::1s upon ,,,]-c.ieh i-::. is based. In addition, espies o~ -::.he cer"ti:'ieat::..on shallbe sent to the Com!'f.isoiem el"! Gsvernffl:ent Forecasting and Acceun'tability, the Hayer Chicago, the Chicago City Council, andthe Cook CcufityBeard. (d) The .7'ru'thcrity shall talte all actions lawfullyavailable to it to 5eparate the funding of health care bcr.c:'its :or retirees and their dcpendent5 and s::rvi•:ors ""refft the funding for its retirement system. The Authority shall endeavor to ach::.c-Jc this separation as sooft as possible, and in any eventPublicAct 095-0708 H30656 Re-Enrolled

no :'._a-::.e~ thar.Jar.uc.ry 1, 2009. LRB095 04786 DRH 24846 b

(2) This affiendatory }'.:::t 

### o.c the gqth General Assonbly does not affect or impa:.r the 1-i_ght c~ either ':he l'atho;::ity or ::_cs cmpleycc:::s to eelleeti·;ely bargain the &fficunt or level o:: emp:'..oyee cor:triJs>..:.t:.ens to -::.1:-,e rc-::.irement eysteFR. {Source: P.A. 94-839, eff. 6-6-06.)

(40 ILCS 5/22-1018new) Sec. 22-1018. HealthCareBenefits. (a) The Chicago Transit Authority (hereinafter referred to in this Section as the "Authority") shal1 take all actions lawfully available to itto separate the funding ofhealthcare benefits for retirees and their dependents and survivors from the funding for its retirement svstem. The Authority shal1 endeavorto achieve this separation as soon as possible, andin anyeventno laterthanJuly 1, 2009. (bl Effective 90 days after the effective date of this amendatoryAct of the 95th General Assembly, a Retiree Health Care Trust is established for the purpose of providing health

care benefits to eligible retirees and their dependents and survivors in accordancewiththe terms and conditions set forth inthis Section 22-lOlB. TheRetiree HealthCare Trust shallbe solely responsible for providing health care benefits to eligible retirees and their dependents and survivors by no laterthanJuly l, 2009, butno earlierthanJanuary 1, 2009. (1) The Board of Trustees shall consist of 7 members

### PublicAct 095-0708 HB0656Re-Enrolled LRB095 04786 DRH 24846b appointed as follows: {i) 3 

### trustees shall be appointedby the Chicago Transit Board; (ii) one trustee shall be appoin~ed by an organization representing the highest number of Chicaao Trans-it Authority participants; (iii)

one 

### trustee shall be appointed bv an organization representing the second-highest number of Chicago Transit Authority pan:icipants; (iv) one trustee shall be appointed bv the recognized coalition representatives of participants who are not represented by an organization with the highest or second-highest number of Chicago Transit Authori~v participants; and (v} one trustee shall be selectedby the Regional TransportationAuthority Board of Directors, and the trustee shall be a professional fiduciary who has experience in the area of collectively bargainedretiree healthplans. Trustees shall serve until

a successor has been appointed and qualified, or until resianation, death, incapacity, or disqualification. Any person appointed as a trustee of the board shall qualify by taking an oath of office that he or she will diligently and honestly administer the affairs of the system, andwill not knowingly violate orwillfullypermit theviolation of anyof theprovisions of law 

### applicable to the Plan, including Sections 1-109, 1-109.1, 1-109.2, 1-110 1-111 1-114 and 1-115ofArticle 1 of the Illinois PensionCode. Each trustee shall cast individual votes and a (( 

### PublicAct 095-0708 HB0656Re-Enrolled 

### majority vote shall be final LRB095 04786 DRH 24846b

and binding upon 

### all interestedparties, providedthat theBoardofTrusteesmav require a supermajorityvotewith respecttothe investment ofthe assets of theRetiree HealthCare Trust, andmay set forth that requirement inthe trust agreement orby-laws of 

### the Boardof Trustees. Each trustee shall have t:he rights, privileges, authority and obligations as are usual and 

### customaryfor such fiduciaries. (21 

### The Board of Trustees 

### shall establish and 

### administer a health care benefit program for eligible retirees and their dependents and survivors. The health



### care benefit program for eligible retirees and their dependents and survivors shall not contain any plan which provides formorethan 90% coverage for in-network services

or 70% coverage for out-of-network services after anv deductiblehasbeenpaid. (3) TheReLireeHealthCare Trust shallbe administered by the Board of Trustees according to the following requirements: (i) The Board of Trustees may cause amounts on deposit intheRetiree HealthCareTrusttobe invested in those investments that are permitted investments for the investmentofmoneys heldunder anyone ormore of the pension or retirement systems of the State, any unit of local government or school district, or any agencyorinstrumentalitythereof. TheBoard, bya votePublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846 b

of at least two-thirds of Lhe trustees, may transfer investment manaaement to the Illinois State Board of Investment, which is herebv authorized to manage these investmentswhen sorequestedbytheBoardofTrustees. (ii) The Board of Trustees shall establish and maintain an appropriate funding reserve level which shall not be less than the amount of incurred and unreportedclaimsplus 12months ofexpectedclaims and administrativeexpenses. (iii) The Board of Trustees shall make an annual assessment of the funding levels of the Retiree Health Care Trust and shall submit a report to the Auditor General aL least 90 days priorto theendof the fiscal year. Thereport shallprovide the following: (A) the actuarial present value of projected benefits expected to be paid to current and future retireesandtheirdependents and survivors; (B) the actuarial present value of prolected contributions andtrust incomeplus assets; (Cl the reserve required by subsection (b) (3)(ii); and (D) an assessment of whether Lhe actuarial present value of projected benefits expected tobe paid to current and future retirees and their dependents and survivors exceeds or is less than the actuarial present value of projected 

### I

(I 

### PublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b


### contributions and trust income plus assets in

excess of the reserve required by subsection (bl (3) (ii)

. 

### If the actuarial present value of projected benefits expected to be paid t.o current and future retirees and their dependenr.s and survivors exceeds the actuarial present value of projected contributions and trust income plus assets in excess of the reserve required by 

### subsection (b)

### (3)(ii), then the report shallprovide a plan ofincreases inemployee, retiree1 

### dependent, or survivor contribution levels, decreases in benefit levels, or both, which is projected to cure the shortfall over a period of not more than 10 years. If the actuarial present value of projected benefits expectedto be paid to current and future retirees and their dependents and survivors is less than the actuarial present value ofprojected contributions and trust income plus assets in excess of the reserve required by 

### subsection (b) (3)(ii} 1 

### then the reportmay provide a plan of decreases in employee, retiree, dependent, or survivor contribution levels, increases in benefit levels or both to the extent of the surplus. (iv) The Auditor General shall review the report andplanprovidedin subsection (b) (3)(iii) andissuea determination within 90 days after receiving thePublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786

### DRH 24846

### b
report and plan, with a copy of such determination provided to the General Assembly and the Regional TransportationAuthority, as follows: (A) In the event of a projected shortfall, if the Auditor General determines that the assumpLions stated in the report are not unreasonable in the aggregate and that the plan of increases in employee, retiree, dependent, or survivor contribution levels, decreases inbenefit levels, or both, is reasonably projected to cure the shortfall over a periad of not more than 10 years, then the Board of Trustees shall implement the plan. If the Auditor General determines that the assumptions stated in the report are unreasonable in the aggregate, or that the plan of increases in employee, retiree, dependent, or survivor contribution levels decreases inbenefit levels, or both, is not reasonably prolected to

cure the shortfall over a period of not more than 10 years1 then the Board of Trustees shall not implement the plan, the Auditor General shall explain the basis for such determination to the BoardofTrustees, andthe Auditor General maymake recommendations as to an alternative report and plan. (B) In the event of a projected surplus, ifthe I

(( PublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b

Auditor General determines that the assumvcions stated in the report are not unreasonable in the aggregate and that the plan of decreases in employee, retiree, dependent, or survivor contribution levels, increases in benefit leve1s,


### orboth, isnotunreasonableinthe aggregate, then the Board of Trustees shall implement the

### plan. If 

### the Auditor General determines that the assumptions stated in the report are unreasonable in the aggregate, or that the plan of decreases in employee, retiree, dependent, or survivor contribution levels, increases in benefit levels

orboth, is unreasonable in the aggregate, then the Boardof Trustees shall not implement. the plan, the Audit.or General shall explain the basis for such determination to the Board of Trustees and the Auditor General may make recommendations as to an alternative report andplan. (C) The Board or Trustees shall submit an alternative report and plan within 45 days after receiving a reiection determination by the Auditor General. A determination by the Auditor General on any alternative report and plan submitted by the Board of Trustees shall be made within 90 days after receiving the alternative report and plan, and shall be accepted or rejected according to thePublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b requirements of this subsection (b)(3) (iv). The Board of Trustees shall continue to submit alternat:.ive reports and plans to the Auditor General, as necessary, until a favorable determination ismadebytheAuditor General. (4) For any retiree who first retires effective on or aft:.er theeffectivedate of this amendatoryAct of the 95th General Assembly, to be eligible for retiree health care benefits upon retirement the retiree must be at:. least 55 years of age, retire with 10 or more years of continuous service and satisfy the preconditions established bv this amendatory Act in addition to any rules or regulations promulgated by the Board of Trustees. This paragraph (4) shallnot applyto a disabilityallowance. (5) Effective January 1, 2009, the aggregate amount of retiree, dependent and survivor contributions to t:.he cost of their health care benefits shall not exceed more than 45?o of the total cost of such benefits. The Board of Trustees shall have the discretion to provide different:. contribution levels for retirees, dependents and survivors based on their years of service, level of coverage or Medicare eligibility, provided that the total contribution from all retirees, dependents, and survivors shall be not

more than 45% of the total cost of such benefits. The term "total cost of such benefits" for purposes of this subsection shall be the total amount expended by the (( PublicAct 095-0708 HB0656 Re-Enrolled 

### LRB095 04786DRH 24846b

resolution of anv dispute, he or she may provide a written determination recommendina a change in the fares or charges or the allocation of revenues for such service or directing a change in the nature orprovider of service that is the sublect of the dispute. The Executive Director shall base such determination upon t.he goals and objectives o-f the Strategic Plan established pursuant to Sect.ion 2.Ola(bl

. Such determination shall be presented to the Board of theAuthority and, 

### if approved by the affirmative vote of at least 9 of the then Directors of the Authority, shall be final and shall be implemented by any affected Service Board and transportation agencywithinthetime frame required bythe determination.

(70 ILCS 3615/2.14) (fromCh. 111 2/3, par. 702.14) Sec. 2.14. Appointment of Officers and Employees. The Authority may appoint, retain and employ officers, attorneys, agents, engineers and employees. The officers shall include an Executive Director, who shallbethe chiefexecutive officerof the Authority, appointed by the Chairman with the concurrence of

## 11**~** of the other then Directors of theBoard. The Executive Director shall organize the staff of the Authority, shall allocate their functions and duties, shall transfer such staff to the Suburban Bus Division and the Commuter Rail Division as is sufficient to meei:. their purposes, shall fix compensation andconditions ofemployment ofthe staff oftheAuthority, and consistent with the policies of and direction from the Board,

### PublicAct 095-0708 HB0656Re-Enrolled LRB095 04786 DRH 24846b

Lake all actionsnecessaryto achieve itspurposes, fulfill its responsibilities and carry out its powers, and shall have such otherpowers andresponsibilities as theBoard shall determine. The Executive Director must be an individual of proven transportation andmanagement skills andmay notbe a member of the Board. The Authority may employ its own professional management personnel to provide professional and technical expertise concerning its purposes and powers and to assist it in assessing the performance of the Service Boards in the metropolitanregion. No unlawful discrimination, as defined and prohibited in the Illinois Human Rights Act, shall be made in any term or aspect of employment nor shall there be discrimination based upon political reasons or factors. The Authority shall establish regulations LO 

### insure that its discharges shall noL be arbitraryandthathiringandpromotionarebasedonmerit. The Authority shall be subject to the "Illinois Human Rights Act", as now or hereafter amended, and the remedies and procedure established thereunder. The Authority shall file an affirmative action Department of employed and Humanprogram Rights that employees without regard to unlawful for employment by it with the to ensure that applicants are
are treated during employment, discrimination. Such affirmative action program shall include provisions relating to hiring, upgrading, demotion, transfer, recruitment, recruitment advertising, selection for training and rates of pay or other ((

( PublicAcL 095-0708 HB0656 Re-Enrolled


### forms ofcompensation. (Source: P.A. 83-886.) 

### LRB095 04786 DRH 24846b

(70 ILCS 3615/2.lBa) (fromCh. 111 2/3, par. 702.lBa) Sec. 2.18a. (a) The provisions of this Section apply to 

### collective bargaining agreements (including extensions and amendments to existing agreements) between Service Boards or transportation agencies subject to the jurisdiction of Service 

### Boards and their employees, which are entered into after January 1, 1984. (b) TheAuthority shall approve amendedbudgets preparedby 

### Service Boards which incorporate the costs of collective bargaining agreements between Service Boards and their employees. The Authority shall approve such an amended budget provided that it determines by the affirmative vote of 12**~** of its then members that the amended budget meets the standards establishedin Section 4.11. (Source: P.A. 83-886.)



### (70 ILCS 3615/2.30) Sec. 2.30. Paratransit services. (a) For purposes of this Act, "ADA paratransit services" shall mean those comparable or specialized transportation services provided by, or under grant or purchase of service contracts of, 

### the Service Boards 

### to 

### individuals with disabilities who are unable to use fixed route transportationPublicAct095-0708 HB0656 Re-Enrolled LRB095 04786DRH 24846b
systems and who are determined tobe eligible, for some or all of their trips, for such services under the Americans with DisabilitiesAct of 1990 andits implementingregulations. (bl Beginning July 1, 2005, the Authority is responsible for the funding, from amounts on deposit in theADA Paratransit Fund established under Section 2.Old of this Act financial review and oversight of all ADA paratransit services that are providedby theAuthority or by any of the Service Boards. The Suburban Bus Board shall operate or provide for the operation of all ADA paratransit services by no later than July 1, 2006, except that this date may be extended to the extent necessary to obtain approval from the Federal Transit Administration of theplanpreparedpursuant to subsection (c) (c) No later than January 1, 2006, the Authority, in collaboration with the Suburban Bus Board and the Chicago Transit Authority, shall develop a plan for the provision of ADA paratransit. services and submit such plan to the Federal Transit Administration for approval. Approval of such plan by the Authority shall require the affirmative votes of 

## 11.**~** of the thenDirectors. The SuburbanBusBoard, the ChicagoTransit Authority and theAuthority shall complywith the requirements of the Americans with Disabilities Act of 1990 and its implementing regulations in developing and approving suchplan including, without limitation, consulting with individuals with disabilities and groups representing them in the coJTu~unity, and providing adequate opportunity for public (PublicAct 095-0708 HB0656 Re-Enrolled 

### LRB095 04786 DRH 24846b

comment and public hearings. The plan shall include the contents required for a paratransit plan pursuant to the Americans with Disabilities Act of 1990 and its implementing regulations. The plan shall also include, wiLhout limitation, provisions to: I11 

### maintain, at a minimum, 

### Lhe levels of ADA paratransit servicethat are requiredtobeprovidedbythe Service Boards pursuam:. L.o the Americans with Disabilities 

### Actof 1990 anditsimplementingregulations; (2) transfer the appropriate ADA paratransit services, management, personnel, service contracts and assets from the Chicago Transit Authority to the Authority or the 

### Suburban Bus Board, as necessary, by no later than July 1, 2006, except that Lhis date may be extended to the extent necessary to obtain approval from the Federal Transit Administration of the plan prepared pursuant to this subsection (c); (3) provide for consistent policies throughout the metropolitan region for scheduling of ADA paratransit service trips to and from destinations, with consideration of scheduling of return trips on a "will-call" open-ended basis upon request of the rider, if practicable, and with consideration of an increased number of trips available by subscription servicethan are available as oftheeffective date ofthis amendatoryAct; (4) provide that service contracts and rates, enteredPublicAct. 095-0708 HB0656Re-Enrolled LRB095 04786 DRH 24846b

into or set after t.he approval by the Federal Transit Administration of the plan prepared pursuant to subsection (c) ofthis Section, withprivatecarriers and taxicabs for ADA paratransit service are procured by means of an open procurement.process; (5) provide for fares, fare collection and billing procedures for ADA paratransit services 1:.hroughout the metropolitan region; (6) provide for performance standards for all ADA paratransit service transportation carriers, with consideration of door-t.o-door service; (7) provide, in cooperation wit.h the Illinois Department of Transportation, the Illinois Department of Public Aid and other appropriate public agencies and private entities, for the application and receipt of grants, including, without limitation, reimbursement from Medicaidorat.herprograms forADAparatransit services; (8) provide for a systemofdispatch of ADAparatransit. services transportation carriers throughout the metropolitan region, with consideration of county-based dispatch systems already in place as of the effective date ofthis amendatoryAct; (9) provide for a process of determining eligibility for ADA paratransit services that complies with the Americans with Disabilities Act of 1990 and its implementing regulations; (

### PublicAct 095-0708 HB0656

### Re-Enrolled LRB095 04786 DRH 24846 b
(10) 

### provide for consideration of innovative methods LO provideandfundADAparatransit services; and (11) 

### provide for the creation of one or more ADA advisoryboards, or the reconstitution of the existingADA advisory boards for the Service Boards, to represent the diversity of 

### metropolitan input from individuals with disabilities in 

### the region and individuals to provide appropriate ongoing with disabilities into L-he operationofADAparatransit services. (d) All revisions andannual updates totheADA paratransit services plan developed pursuant to subsection (c) of this SecLion, or certifications of continued compliance in lieu of plan updates, that are required to be provided to the Federal Transit Administration shall be developedby the Authority, in collaboration with the Suburban Bus Board and the Chicago Transit Authority, and the Authority shall submit such revision, update or certification to the Federal Transit Administration for approval. Approval of such revisions, updates or certifications by the Authority shall require the affirmativevotes of 12 9 

### ofthethenDirectors. (el 

### The Illinois Department of 

### Transportation, Lhe Illinois Department of Public Aid, the Authority, the Suburban Bus Board and the Chicago Transit Authority shall enter into intergovernmental agreements as may be necessary to provide funding and accountability for, and implementation of, the requirements ofthis Section.PublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b (f) By no later than J1.pril 1, 2007, the Authority shall develop and submit to the General Assembly and the Governor a funding plan for ADA paratransit services. Approval of such planbytheAuthority shall requirethe affirmativevotes of

## 11.**~** of the then Direc-;:.ors. The funding plan shall, at a minimum, contain an analysis of the current costs of providing ADA paratransit services, projections of the long-term costs of providing ADA paratransit services, identification of and recommendations for possible ADA paratransit services, cost efficiencies in providing and identification of and recommendations for possible funding sources for providingADA paratransi-;:. services. The Illinois Depan:.ment of Transportation, the Illinois Department of Public Aid, the Suburban Bus Board, the Chicago Transit Authority and other State and local public agencies as appropriate shall cooperate with theAuthorityinthepreparationof such fundingplan. (g) Any funds derived fromthe federalMedicaidprogramfor reimbursement of the costs of providing ADA paratransit services within the metropolitan region shall be directed to the Authority and shall be used to pay for or reimburse the costsofproviding such services. (h) Nothing in this amendatory Act shall be construed to conflict with the requirements of the Americans with DisabilitiesAct of 1990 andits implementingregulations. (Source: P.A. 94-370, eff. 7-29-05.) (( PublicAct 095-0708 HB0656 Re-Enrolled (70 ILCS 3615/2.31 new) LRB095 04786 DRH 24846b

Sec. 2.31. Disadvantaged Business Enterprise Contracting and Equal Employment Opportunity Programs. The Authority and each Service Board shall, as soon as is practicable but in no event later than two years after the effective date of this amendatory 

### P..ct of the 95th General Assembly, establish and maintain a disadvantaged business enterprise contracting program designed to ensure non-discrimination in the award and administration of contracts not covered under a federally mandated disadvantaged business enterprise proaram. The program shall establish narrowly tailored goals for the participation of disadvantaged business enterprises as the Authority and each Service Board determines appropriate. The goals shall be based on demonstrable evidence of the availability of ready, willing, and able disadvantaged business enterprises relative to all businesses ready, willing, and ab1 e to part~cipate on the program's contracts. The program shall require the Authority and each Service Board to monitor the progress of the contractors' obligations with respect to the program's goals. Nothing in this program shall conflict with or interfere with the maintenance or operation of, or compliance with, any federally mandated disadvantaged businessenterpriseprogram. The Authority and each Service Board shall establish and maintain a program designed to promote equal employment opportunity. Each year, no later than October 1, the AuthorityPublicAct 095-0708 HB0656Re-Enrolled LRB095 04786 DRH 24846b

and each Service Board shall report to the General Assembly on the number of their respective employees and the number of their respective employees who have designated themselves as members of a minority groupandgender. Each year no later than October 1, and starting no later than the October 1 after the establishment of their disadvantaged business enterprise contractina proqrams1 the Authority and each Service Board shall submit a report with respect to such program to the General Assembly. In addition, each year no later than October 1, the Authorit.y and each Service Board shall submic. a copy o-f its -federally mandated semi-annual Uniform Report of Disadvantaged Business Enterprises Awards or Commitments and Payments to the General Assembly.

(70 ILCS 3615/3.01) (fromCh. 111 2/3, par. 703.01) Sec. 3.01. Board of Directors. The Upon e::pi--atiol". of :.he tena

### o.:: the meffibc::-s of the Transit.:'._on Board as provided for .,n Sectiofl 3.89, the corporate authorit.ies and governing body of theAuthorityshall be a Board consisting of 13 Directors until April 1, 20081 and 16 Directors thereafter, appointed as follows: (a) Four Directors appointed by the Mayor of the City of Chicago, with the advice and consent of the City Council of the City of Chicago, and, only until April 11 20081 a fifth director who shall be the Chairman of the Chicago Transit (PublicAct 095-0708 HB0656Re-Enrolled LRB095 04786 DRH 24846 b Authority. Af1:er April 1, 2008, the Mayor of the City of Chicago, with the advice and consent of the CityCouncil of the City of Chicago1 shall appoint a fifth Director. The Directors appointed by the Mayor of the City of Chicaao shall not be the Chairman or a Director of the Chicago Transit Authority. Each such Director shall reside in the City of Chicago e,~ccpt -::he Chairrean the Chicago 

### Transi: l'IUthority 

### who shall reside ,.-i:h;n -::he metropoliten area .:..s defined _:_n -::.he Hetrcpolit.:..n Trans,t Authority }\ct. (b) Four Directors appointed by the votes of a maioritv of the members of the Cook County Board elected from 

### tha:par-::. of 

### Cook Coun:.y 

### ou:...s;de cf Chi_eagc, 

### or, ir. the event 

### such Board 

### e::" :effiffiissioecrs bceo."cs elected f 0·crr. siegle )Kffiber distric"o, by those Cm:-.ffiissisners elected frofft districts, a majority of the electors of which reside outside Chicago. After April 1 2008

a fifth Director appointed by the President of the Cook County Board with the advice and consent of the members of the Cook County Board. Ir. e_:__-::.:'.cr ease, such appcintFF.cnt shall be i;;i_-::.h tf',2 concurrence of fu;:r such 

### '.:sfflfflissior-.cro. Each '5"'d"Cft Director appointed under this subparaqraph shall reside in that part of CookCountyoutside Chicago. (c) Until April 11 2008, 3 Directors appointed by the Chairmen of the County Boards of DuPage, Kane, Lake, McHenry, andWillCounties, as follows: 

## ill Two Directors appointed by i:.he Chairmen of the county boards of Kane, Lake, McHenry and Will Counties,PublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b

with the concurrence of not less than a majority of the Chairmen from suchcounties, from nomineesbythe Chairmen. Each suchChairmanmaynominate notmore than 2 persons for eachposition. Each such Director shall reside in a county in the metropolitan region other than Cook or DuPage Counties. (ii) 

## +a+- One Director shall be appointed by the Chairman of the Board o:;: DuPage County Board with the advice and consent of the County Board or DuPage County Board. SuchDirectorftm3: shall reside inDuPage County. (d) After April 1, 2008, 5 Directors appoint.ed by the Chairmen ofthe CountyBoards of DuPage, Kane, Lake andMcHenry Counties and the CountyExecutiveofWill County, as follows: (i) One Director appointedby the Chairman oft.he Kane CountyBoardwiLh the advice and consent of the Kane Countv Board. SuchDirector shallreside in Kane County. (ii) One DirecL.or appointed by the CountyExecutive of Will County with the advice and consent of the Will County Board. SuchDirect.or shall resideinWill Countv. (iii) One Director appointed by the Chairman of the DuPage County Board with the advice and consent of the DuPage County Board. Such Director shall reside in DuPage County. (iv) One Director appointedbythe Chairman of theLake CountyBoardwith the advice and consentof the Lake County Board. SuchDirector shall reside inLake County. (

((

( 

### PublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b (v) One Director appointed by the Chairman of the McHenry County Board with the advice and consent of the McHenryCountyBoard. Such Director shall reside inMcHenry Countv. (vi) ~o implement the changes in 

### appointing authority under this subparagraph (d) the three Directors appointed 

### under subparagraph (c) and residing in Lake Countv, DuPage County, andKane Countyrespectively shall eachcontinue to

serve as Director until the expiration of their respective

~erm of office and until his or her successor is appointed 

### andqualifiedora vacancy occurs inthe office. Thereupon, 

### the appointment shall be made by 

### the officials given appointing authority with respect to the Director whose termhas expiredor officehas becomevacant. (e) The Chairman serving on the effective date of this amendatory Act of Lhe 95th General Assembly shall con~inue to

serve as Chairman until the expiration of his or her term of office and until his or her successor is appointed and qualified or a vacancy occurs in the office Before January 1, 1987, ::ox: the Ce:::-ffi e::piringJuly 1, 1989, the Chain:wr. shallbe appoinced by the Governor. ThcreaL,er the Chairman shall be appoir.~ed by the other 12 Directors wi~h the concu:::rence of three fo1:1.rths of such Direstors. Upon the expiration orvacancy of the term of the Chairman then serving upon the effective date of this amendatory Act of the 95th General Assembly, the Chairman shall be appointed by the other Directors, by thePublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b

affirmaLive vote of at least 11 of the then Directors with at least

### 2 affirmativevotes fromDirectors who reside in the City of Chicago, at least 2 affirmative votes from Directors who reside in CookCounty outside the CityofChicago, andat least 2 affirmative votes from Directors who reside in the Counties ofDuPage, Lake, Will, Kane, orMcHenry. The chairman shall not be appointedfromamongthe otherDirectors. The chairman shall be a resident ofLhemetropolitan region. (f) Except as otherwise provided by this Act no Director shall, while serving as such, be an officer, a member of the Board of Directors or Trustees or an employee of any Service Board or transportation agency, orbe an employee of the State of Illinois or anydepartment or agency thereof, or of anyunit of local government or receive any compensation from any elected or appointed office under the Constitution and laws of Illinois; except that a Director may be a member of a school board. (g) Each appointment made under this Section and under Section 3.03 shall be certifiedbythe appointing authority to the Board, which shall maintain the certifications as part of the official records of the Authority; provcdcd that the initial appointracn~s shal' be cer~ified to ~F.e Secretary of Sta~e, uho shall transmit the certi.:"ications to the Beard following its organi:::ation. All appointFF.e:-,ts FRade by ~he Governor sha'l be made ,,dth the advice ar.d consent of "':.he Senai:.c. (

(PublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b (h) (Blank)

. The Board s:" D"rectors ohal, be so appeint::d

as to represent the City of Chicags, that part o~ Coolc County outs·de the Ci-::.y of '.:hicago, and thatpart c:: :..,he ::-:-.c:.:::-cpolitan region cuts"jc CockCc..:r.ty er. the or.cman one -.,·etc basi_s. Aft::r ::ash Federal decenni.al ccnsuo the GeneralAssembly shall re·v·iew the co:F,pcs"tion of the Board and, if 

### e change i.s needed to comply ,:ith this rcquirefficr.t, shall prw:idc for the neccsoar:l rcvisiol"I: by J:.:ly 1 cf the third year after ::iuch census. Prov:.dcd, houc·;cr, tF.at the Chairman 

### o" r Chi_cagc 1'ral"l:s:.t Authority shall be a Directer of the }\uthority and shall be CCnSid::red as represcn-::.ing the City sf CF.i::;:gs for purposes of thisparagraph. ( Inso::"ar as may be pract"cable, ~::tc changes "n Board mcmbc>~ship nccessar:l -::.e aehie,'C th:.s purpose shall take cf::"cct

as ;:pprepriat:: FftCfilbcrs tonne e:~p"re, no ffi:Cmb::acls te:::m b::.:;_ng reduced by r::ascn cf ouch revision of the compositier. of the Soard. {Source: P.A. 83-1417.)

(70 ILCS 3615/3.03) (fromCh. 111 2/3, par. 703.03) Sec. 3.03. Terms, vacancies. Each Director, iflcluding the ChainFtan, shall be appointed fo:: al"I: ;nitial :__crfft as provided

::or 3.'0 -::.his Act. 1'hcrcafter, each o:.rec-::.or shall hold office for a term of 5 years, and until his

successor has been appointed andhas qualified. Avacancy shall

occur upon resignation, death, conviction of a felony, orPublicAct 095-0708 HB0656Re-Enrolled LRB095 04786 DRH 24846 b

removal from office of a Director. Any Director may be removed from office upon concurrence of not less than

## 11 9 Directors,

on a formal finding of incompetence, neglect of duty, or malfeasance in office. Within 30 days after the office of any member becomes vacant for any reason, the appointing authorities of such member shall make an appointment to fill thevacancy. Avacancyshallbefilled for theunexpiredterm. Whenever Af".:.er Occober :;_, '934, KhCncvcr a vacancy for a Director, except as to the Chairman or those Directors appointedby the Ge-.-crr.or er the Mayor of the Cityof Chicago, exists for longer than 4 months, the new Director shall be chosen by election by all legislative members in the General Assemblyrepresenting the affected area. In orderto qualify as
a voting legislative member in this matter, the affected area mustbemore than 50% ofthe geographic areaofthe legislative district. (Source: P.A. 86-1475.)

(70 ILCS 3615/3.05) (fromCh. 111 2/3, par. 703.05) Sec. 3.05. Meetings. The Board shall prescribe the times and places for meeLings and the manner in which special meetings may be called. The Board shall comply in all respects withthe "OpenMeetingsAct", approvedJuly 11, 1957, as now or hereafter amended. All records, documents and papers of the Authority, other than those relating to matters concerning which closed sessions of the Board may be held, shall be 

### (

### PublicAct 095-0708 HB0656Re-Enrolled LRB095 04786DRH 24846b
available for public examinat.ion, subject t.o such reasonable regulations as theBoardmayadopt. Amajorityofthe Directorsholdingoffice shall constitute

a quorum for the conduct. of business. Except as otherwise provided in this Act, the affirmative votes of at least 9**~** 

### Directors shall be necessary for approving any contract or agreemenr., adopting any rule or regulation, and any other action required by this Act to be taken by resolution or ordinance. The Board shall meet vdth the Regional Citizens Advisory Boardatleastonce every4months. (Source: P.A. 83-886.)

(70 ILCS 3615/3A.10} (fromCh. 111 2/3, par. 703A.10) Sec. 3A.10. Budget and Program. The Suburban Bus Board, subject tot.he powers of the Authority in Section 4.11, shall control the finances of the Division. It shall by ordinance appropriate money to perform the Division's purposes and provide for payment of debts andexpenses ofthe Division. Each year the Suburban Bus Board shall prepare and publish a comprehensive annual budget and proposed five-year capital program document, and a financial plan for the 2 years thereafter describing the state of the Division andpresenting for the forthcoming fiscal year and the 2 following years the Suburban Bus Board's plans for such operations and capital expenditures as it intends to undertake and the means bywhichPublicAcL 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b

it intends to finance them. The proposedbudgetL and financial plan, and five-vear capital prooram shall be based on the Authority's estimate of funds to be made available to the Suburban Bus Board by or through the Authority and shall conform in all respects to the requirements establishedby the Authority. Theproposedprograma:1d budget, financialplanI and five-year capital program shall contain a statement of the funds estimated to be on hand at the beginning of the fiscal year, Lhe funds estimaLed to be received from all sources for such year and the funds estimated to be on hand at the end of such year. ?.:'.:tcr e.dcp~ion o::: t!=-.e A'::lthori-::.:i,•'s ::"irst ::'ivc Year Program, as p=svided •n Section 2.91 of this Act, the proposed pregr2.::r. end budget shall spcci~ical':,: identify 2.ny respeet •n 'dhich the rccemz.cnd::d prsgrafft dc-viat::s from the Authorit·_1 1o then c:isting Five '.:car Frograra, g•v•ng ~he reasons :'.:er st:eh deviat•or .. The fiscal year of the Division shallbe the same as the fiscal year of the Authority. Before the proposed budgetL and program ard financial plan, and five-year capital program

are submitted to the Authority, the Suburban Bus Board shall hold at least one public hearing thereon in each of the counties in the metropolitan region in which the Division provides service. The Suburban Bus Board shall hold at least

one meeting for consideration of the proposed program and budget, financial plan, and five-year capital programwith the county board of each of the several counties in the metropolitan region in which the Division provides service. (( 

### PublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b
After conducting such hearings and holding such meetings and after making such changes in the proposed program and budgetL financial plan, and five-year capital program as the Suburban Bus Board deems appropriate, it shall adopt an annual budget ordinance at leastbyNovember 15 next preceding the beginning of each fiscal year. The budgetL and pregra::n, and financial plan, and five-year capital program shall then be submittedto the Authority as provided in Section 4.11. In the event that the Board of the Authority determines that the budget -E:tee: pregrarE, 

### and financial plan do not meet the standards of Section 4.11, the SuburbanBusBoard shallmake suchchanges as
are necessary to meet such requirements and adopt an amended budget ordinance. The amended budget ordinance shall be resubmitted to the Authority pursuant to Section 4.11. The ordinance shall appropriate such sums of money as are deemed necessary to defray all necessary expenses and obligations of the Division, 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 which do not alter the basis upon which the balanced budget determination was made by the Board of the Authority may be made fromtimetotimebytheSuburbanBusBoard. Thebudget shall: (i) show a balance between (A) anticipated revenues from all sources including operating subsidies and (B) thePublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b

costs of providing the services specified and of funding any operating deficits or encumbrances incurred in prior periods, including provision for payment when due of principal and intereston outstandingindebtedness; {ii} show cash balances including 'Che proceeds of any anticipa'Ced cash flow borrowing sufficient to pay with reasonablepromptness all costs andexpenses as incurred; (iii) provide for a level of fares or charges and operating 

### or administrative costs for the public transportation provided by or subject to the jurisdiction of the Suburban Bus Board sufficient to allow the Suburban Bus Board to meet its required system generated revenues recovery ratio and, beginning with the 2007 fiscal year, its system generated ADA paratransit services revenue recoveryratio; (iv) be based upon and employ assumptions and projec.:.ionswhich arereasonable andprudent; (v) have been prepared in accordance with sound financial practices as determined by the Board of the Authority; ttn4 (vi) meet such other uniform financial, budgetary, or fiscal requirements that the Board of the Authoritymay by rule orregulationestablish; and~ (vii) be consistent with the goals and objectives adopted by the Regional Transportation Authority in the Strategic Plan. (( PublicAct 095-0708 HB0656 Re-Enrolled (Source: P.A. 94-370, eff. 7-29-05.) LRB095 04786DRH 24846b

(70 ILCS 3615/3A.ll) (fromCh. 111 2/3, par. 703.~.ll) Sec. 3A.ll. CitizensAdvisoryBoard. The SuburbanBusBoard shall establish a citizens advisory board composed of 10 residents of thoseportions ofthemetropolitanregion inwhich the SuburbanBus Boardprovides servicewho have an interest in public transportation. The members of the advisoryboard shall be named for 2 year terms, shall select one of theirmembers to

serve as chairman and shall serve without compensation. The citizens advisoryboard shall meet with the Suburban Bus Board at least quarterly and advise the Suburban Bus Board of the impact of its policies and programs on the communi-c.ies it

serves. Appointments to the citizens advisory board should, to the greatest extentpossible, reflect the ethnic, cultural, and geographic diversity of all persons residing within the SuburbanBus Board's iurisdiction. (Source: P.A. 83-886.)

(70 ILCS 3615/3A.14) (fromCh. 111 2/3, par. 703A.14) Sec. 3A.14. Labor. (a) Theprovisions ofthis Sectionapply to collective bargaining agreements (including extensions and amendments of existing agreements) entered into on or after January 1, 1984. (bl The Suburban Bus Board shall deal with and enter into written contracts with their employees, through accreditedPublicAc1:. 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b representatives of such employees authorized to act for such employees concerning wages, salaries, hours, working conditions, and pension or retiremenL. provisions about which a collective bargaining agreement has been entered prior to the effective date of this amendatory Act of 1983. Any such agreement of the Suburban Bus Board shall provide that the agreement may be reopened ·c ls the amended budget submitted pursuant to Section 2.18a of this Ac1:. is not approved by the Board of the Au1:.hority. The agreement may not include a provision requiring the payment of wage increases based on changes in the Consumer Price Index. The Suburban Bus Board shall not have the authority to enter collective bargaining agreements with respect to inherent management rights, which ( include such areas of discretion orpolicy as the functions of the employer, standards of services, its overall budget, the organizational structure and selection of new employees and direction of personnel. Employers, however, shall be required to bargain collectivelywith regard to policymatters directly affecting wages, hours and terms and conditions of employment,

as well as the impact 1:.hereon, upon request by employee representatives. To preserve the rights of employers and exclusive representatives which have established collective bargaining relationships or negotiated collec,:,ive bargaining agreements prior to the effective date of this amendatory Act of 1983, employers shall be required to bargain collectively withregardto anymatter concerningwages, hours or conditions( PublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b

of employment about which they have bargained prior to the effectivedate ofthis amendatoryAct of 1983. (c) The collective bargaining agreement may not include a prohibition on the use of part-time operators on any service operated by the Suburban Bus Boa:r:d except where prohibited by federal law. (d) Within 30 days of Lhe signing of any such collective bargaining agreement, the Suburban Bus Board shall determine Lhe costs of each provision of the agreement, prepare an amended budget incorporating the costs of the agreement, and present the amended budget to the Board of the Authority for its approval under Section 4.11. The Board may approve the amended budget by an affirmative vote of 12 .g. of its then Directors. If the budget is noL approved by the Board of the Authority, the agreement may be reopened and its terms may be renegotiated. Any amended budget which may be prepared following renegotiation shall be presentedto the Board of the Authorityfor its approval inlikemanner. (Source: P.A. 83-886.)



### (70 ILCS 3615/3A.15new) Sec. 3A.15. Notwithstanding any 1aw to the contrary, no later than 60 days following the effective date of this amendatory Act of the 95th General Assembly, any fixed route public transportation services provided by, or under grant or purchase of service contracts of, the Suburban Bus Board shallPublicAct 095-0708 HB0656Re-Enrolled LRB095 04786 DRH 24846b

be prov-ided without charge to all senior citizens of the MetropolitanReoion aged 65 and older, under such conditionsas shallbeprescribedbythe SuburbanBusBoard.

(70 ILCS 3615/3B.02) (fromCh. 111 2/3, par. 703B.02) Sec. 38.02. CormnuL.er Rail Board.

0(~a~)-~U~n~t~i~l~~A~r~r~i~l~~lL,~2~0~0=8L,~t~h=e '::'he governing body of the Corrunuter Rail Division shall be a board consisting of 7 directors appointed pursuant to Sections 3B.03 and 3B.04, as follows:

## J.ll.+a+One director shallbe appointedbythe Chairman of the Board of DuPage County with the advice and consent of the County Board of DuPage County and shall reside in DuPage County~7 

### ill

### -+et- Two directors appointedby the Chairmen of the CountyBoards ofKane, Lake, McHenryandWill Countieswith the concurrence ofnot less than a majority of the chairmen from such counL.ies, from nominees by the Chairmen. Each such chairman may nominate not more than two persons for each position. Each such director shall reside in a county in the metropolitan region other than Cook or DuPage County. 

### J.l..L+etThree directors appointedbythemembers ofthe Cook County Board elected from that part of Cook County outside of Chicago, or, in the event such Board of Commissioners b€comes elected from single member (

### I PublicAct 095-0708 HB0656Re-Enrolled LRB095 04786 ORI-! 24846 b districts, by ~hose Commissioners elected from disLricts,

a majority of the residents of which reside outside Chicago. In either case, such appointment shallbe withthe

concurrence of four such Commissioners. Each such director shall reside inthatpartofCookCountyoutsideChicago. 

### J.il

## -te+-One director appointedbytheMayor of the City ofChicago, withthe advice and consent of the CityCouncil of i:.he City of Chicago. Such director shall reside in the CityofChicago. 

## J2.l The chairman shall be appointed by the directors, from themembers of theboard, withthe concurrence of 5 of such directors. {b) After April 1, 2008 the governingbody of the Commuter Rail Division shall be a board consisi:.ing of 11 directors appointed, pursuantto Sections 3B.03 and 3B.04, as follows: (1) One Director shall be appointedby the Chairman of i:.he DuPage CountyBoardwith the advice and consent of the DuPage County Board and shall reside in DuPage County. To implement the changes in appointing authority under this Section, upon the expiration of the term of or vacancy in office of the Director appointed under item (1) of subsection (a) of this Section who resides in DuPage County, a Director shall be appointed under this subparagraph. (2) One Director shall be appointedby the Chairman of theMcHenryCountyBoardwiththe advice andconsentofthePublicAct 095-0708 HB0656Re-Enrolled LRB095 04786DRH 24846b McHenryCount.yBoardand shall reside inMcHenry County. To implement the change in appointing authority under this Section, uoon the expiration of the term of or vacancy in o-ffice of the Director appointed under item (2) of subsection (a) of this Section who resides in McHenry County, a Director shall be appointed under this subparaqraph. (3) One Director shall be appointed by the Wil 1 Coum:.y Executive with the advice and consent of Lhe Will Count.y Board and shall reside in Will County. To implement the change in appointing authorityunderthis Section, upon the expiration of the term of or vacancv in office of the Director appointedunder item (2) of subsection (a) ofthis Section who resides in Will County, a Director shall be appointedunderthis subparagraph. (4) One Director shall be appointedby the Chairman of the Lake County Board with the advice and consent of the Lake CountyBoardand shall reside inLake County. (5) One Director shall be appointedby the Chairman of che Kane County Board with the advice and consent of the Kane CountyBoardandshall reside inKane County. (6) One Director shallbe appointedbytheMayor of the City of Chicago with the advice and consent of the City Council ofthe CityofChicago and shall reside in the City of Chicago. To implement the changes in appointing authority under this Section, upon the expiration of the (I 

### PublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b

term of or vacancy in office of the Director appointed under item (4) of subsection (a) of this Section who 

### resides in the 

### City o-f Chicago, a Director shall be appointedunderthis subparagraph. (7) Five Direc.:.ors residing in Cook County outside o-f 

### theCityofChicago, as follows: (i) 

### One Directorwho resides inCookCountyoutside of the City of Chicago, appointed by the President of the Cook County Board with the advice and consent of 

### themembersof theCookCountyBoard. (ii) One Director who resides in the township of 

### Barrington, Palatine, Wheeling, Hanover, Schaumburg,

or Elk Grove. To implement the changes in appointing 

### authority under this Section, upon the expiration of the term of or vacancy in office of the Director appointedunderparagraph (3) ofsubsection (a) ofthis Sectionwho resides inthegeographicareadescribedin this subparagraph, a Director shallbe appointed under this subparagraph. (iii} One Director who resides in the township of Northfield, New Trier, Maine, Niles, Evanston, Leyden, NorwoodPark, RiverForest, orOakPark. (iv) One Director who resides in the township of Proviso, Riverside, Berwyn, Cicero, Lyons, Stickney, Lemont, Palos, or Orland. To implement the changes in appointing authority under this Section, upon the

### PublicAct. 095-0708 HB0656 Re-Enrolled LRB095 04786 

### DRH 24846

### b expiration of the term of or vacancy in office of the Director appointed under paragraph (3) of subsection {a) of this Section who resides in the geographic area describedin this subparaaraphandwhosetermof office hadnot expired as of August 1, 2007, a Director shall be appointedunderthis subparagraph. (v) One Director who resides in the township of Worth, Calumet, Bremen, Thornton, Rich, or Bloom. To implement the changes in appointing authority under this Section upon the expiration of the term of or vacancy in office of the Direct.or appointed under paragraph (3) of subsection (a) of this Section who resides in the geographic area described in this subparagraphandwhose termof officehadexpiredas of August 11 

### 2007, a Director shall be appointed under this subparagraph. (vi) The Directors identifiedunder the provisions of subparagraphs (ii) through (v) ofthisparagraph (7) shall be appointed by 

### the members of the Cook County Board. Each individual Director shall be appointed by those members of the Cook County Board whose Board districts overlap in whole or in part with the geographic territory described in the relevant subparagraph. The vote of County Board members eligible to appoint directors under the provisions of subparagraphs (ii) through (v) of this paragraph (7)

### (' PublicAct 095-0708 HB0656 Re-Enrolled 

### LRB095 04786DRH 24846b

shallbe weightedbythe number ofelectors residingin those nortions of their Board districts within the geographic territory described 

### in the relevant subparagraph (ii) through (v) ofthisparagraph (7). (8) The Chairman shall be appointed by the Directors, from themembers oftheBoard withthe concurrence of 8 of such Directors. To implement the changes in appointing authority under this Section1 upon the expiration of the term of or vacancy in office of the Chairman appointed under item (5) of subsection (a) of this Section, a Chairman shallbe appointedunderthis subparagraph. 

### J.£l.. No director, while serving as such, shall be an officer, a member of the board of directors or trustee or an employee of anytransportation agency, orbe an employee of the State of Illinois or any department or agency thereof, or of any unit of local government or receive any compensation from anyelectedor appointed officeunder the Constitution and laws ofIllinois. J..Ql_ Each appointment made under subsections {a) and (b) of this Sectionparag=aphs (a) through (d) andunder Section 3B.03 shall be certifiedby the appointing authority to the Commuter Rail Board which shall maintain the certifications as part of the official records of the Commuter Rail Board; provided -::hat the initial appointments shallbe eer~ificdts the Secrc::.ar:i of State, ·,;ho shall transffiit the certifications to the CoFPtffiute.:: Rail Board fellowing its organi::a~ion.PublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b Appoi:1tments to the Commu-::.er Rail Board appo::-t.:;_cr.ed so as to represent t!l.c City of Chicago, tha::. pa:-::. Cook 2cun-::.y eu:...side of the Ci"':.y e' L and DuPage 2our.::.y and tha-:.part. of ::.hemc::.ropo:!.itan reg'en e"':.he::- -:.:1:an Ces:c and D~Pagc Counties based en fflo:::niEg beard"ngs ::.: the sen·i::es prc•:ided by ::.he Cemmu-::er Ra.:;_::. Div.:;_3.:;_on as certi'.:ied tc ::.":-.e Board cf the 1'i:.:thori.:y by the Co?.'ur.ut:::r Rai.l Beard, pra·:idcd hm,•e-v-cr ::.hai.: :...he Mayer o"" :he City of Chi.cage shall appcir.-::. no ::c,:er than 1 member s:: the Commu:...er Rail Bea:::.-d. Witf'.i;i two y::.ars a:':ter each federal decer.nL:.l cens·::10, the E::ard cf the }>u:...hsrity sh.:.:'..l revieH the ecR'tpos'tisn of the Co:::.Frtu"':.er na:_1 Boa::d and, if cha:--1ge .:.s neededto comply-.;ith ::.h's 1ceq:;i:::-ement, sf'.a:!.l prov·de fer the ne=essary reapporticmr.cnt. by July :: o.:" 

### ( the second y:::ar aftez such CC:'13U3. Inss""ar may be practicable, the char.ges in board membcrsh.:.p necessary to achieve this purpose shall ~alee c:':fect as app::opr'a::.c ruerrJsers ter:7,3 crpir:::, ::,o ff,:::":ber's :...crffl be'ng ,-educedby reason cf s·..:ch rev.:;_s.:;_cr, of the compos.:;_t;on of the CommuterRailEo::rd. (Source: P.A. 83-886.)

(70 ILCS 3615/3B.03) (fromCh. 111 2/3, par. 703B.03) Sec. 3B.03. Terms, Vacancies. Each The initial term

## e: the directer apps.:.ntedpursuar.tto subdivision (a) of :::cction 3B.02 and "':.:"le ini."':.ial. tcrrr,of one ofthe directors appoini.:cdpursuant to subdivisior. (b) of Sect.:.on 3B.02 shall cxp'rc :::fl June 30, 1985; the 

### . ..... ' 

### , ifHci2.· term of one of the directors appoin-::.cd 

### (PublicAct 095-0708
I HB0656 Re-Enrolled LRB095 04786 DRH 24846 b
purouant tc subd"visisn (b) cf Section 38.02 and the inizial terffi of enc the dirce~srs :-..ppeintcdpur.:u:-..nt Cc st:b.:J..::'..-v-ision (c) of Sectier. 3B.02 sfrnll .::.xpirc on J:.:nc 30, 1986; the .::'..nit.::'..al terms of t;.•o a~ ~he dircccors appointedpurse.ant to oubdi-.-:.s•on (c) of ::::est·cn 3B.02 shall expi::c on J,~ne 38, 1987; ~he ini~.::'..:-..l term sf ~he d"rec~o:: ai=:pointcd pui~ouant to S'~bd.'..-v--ision {d) cf Scc~icn 3B.82 sba1l 01:pire on J:.::1e 30, 1988. Thereafter, each director shall be appointed for a term of 4 years, and until his successorhasbeen appointedand qualified. Avacancy shall

occur upon the resignation, death, conviction of a felony, or removal from office of a director. Any directormay be removed from office upon the concurrence of not less than 8**~** directors, on a formal finding of incompetence, neglect of duty, ormalfeasance in office. Within 30 days afterthe office of any directorbecomes vacant for any reason, the appropriate appointing authorities of such director, as providedin Section 38.02, shallmake an appointment to fill the vacancy. Avacancy shall be filled for theunexpiredterm. (Source: P.A. 84-939.)

(70 ILCS 3615/38.05) (fromCh. 111 2/3, par. 7038.05) Sec. 3B.05. Appointment of officers and employees. The Commuter Rail Board shall appoint an Executive Director who shall be the chief executive officer of the Division, appointed, retainedor dismissedwith the concurrence of 8**~** of the directors of the Commuter Rail Board. The ExecutivePublicAct 095-0708 HB0656Re-Enrolled LRB095 04786 DRH 24846b

Director shall appoint, retain and employ officers, attorneys, agents, engineers, employees and shall organize the staff, shall allocatetheirfunctions andduties, fix compensation and conditions of employment, and consistent with the policies of and direction from the Commuter Rail Board take all actions necessary to achieve its purposes, fulfill its responsibilities and carry out its powers, and shall have such other powers and responsibilities as the Commuter Rail Board shall determine. The Executive Director shall be an individual ofproven transportation andmanagement skills andmaynotbe a member of the Commuter Rail Board. The Division may employ its

own professional management personnel to provide professional and technical expertise concerning its purposes and powers and to assist it in assessing the performance of transportation agencies in themetropolitanregion. No unlawful discrimination, as defined and prohibited in the Illinois Human Rights Act, shall be made in any term or aspect of employment nor shall there be discrimination based upon political reasons or factors. The Commuter Rail Board shall establishregulationstoinsure that itsdischarges shall not be arbitrary and that hiring and promotion are based on merit. The Division shallbe subjectto the "IllinoisHuman Rights Act", as now or hereafter amended, and the remedies and procedure established thereunder. The Commuter Rail Board shall file an affirmative action program for employment by it (

(

### I

( PublicAct 095-0708 HB0656Re-Enrolled LRB095 04786 DRH 24846b
with the Department of Human Rights to ensure that applicants

are employed and that employees are treated during employment, without regard to unlawful discrimination. Such affirmative action program shall include provisions relating to hiring, upgrading, demotion, transfer, recruitment, recruitment advertising, selection for training and rates of pay or other forms ofcompensation. (Source: P.A. 83-885; 83-886.)

(70 ILCS 3615/3B.07) (fromCh. 111 2/3, par. 703B.07) Sec. 3B.07. Meetings. The Commuter Rail Board shall prescribe the times and places for meetings and the manner in which special meetings may be called. The Commuter Rail Board shall comply in all respects with the "Open Meetings Act", as
now or hereafter amended. All records, documents andpapers of the Commuter Rail Division, other than those relating to matters concerning which closed sessions of the Commuter Rail Board may be held, shall be available for public examination, subjectto such reasonableregulations as theboardmayadopt. Amajority of themembers shall constitute a quorum for the conduct of business. The affirmative votes of at least 6 4 members shall be necessary for any action requiredby this Act tobetakenbyordinance. (Source: P.A. 83-886.)

(70 ILCS 3615/3B.09) (fromCh. 111 2/3, par. 703B.09)PublicAct 095-0708 BBO656Re-Enrolled LRB095 04786 DRH 24846 b

Sec. 3B.09. General Powers. In addition to any powers elsewhere provided to the Commuter Rail Board, it shall have all of the powers specified in Section 2.20 of this Act except for the powers specifiedin Section 2.20(a)(v). The Board shall alsohave thepower: (a) 

### cO cooperate 

### with the Regional Transportation 

### Authority in the exercise 

### by the Regional Transport.ation 

### Authorityof all t.hepowers grantedit by 

### suchAct.; (b) to receive funds from the Regional Transportation Authoritypursuant to Sections 2.02, 4.01, 4.02, 4.09 and 4.10 of the "Regional TransportationAm:.horityAct", all asprovided in the "Regional TransportationAm:.horityAct"; e-ft-S' (cl t.o receive financial grants from the Regional Transportation Authority or a Service Board, as defined in the "Regional Transportation Authority Act", upon such terms and conditions as shall be set forth in a grant contract between either the Division and the Regional Transportation Authority

or the Division and another Service Board, which contract or agreement may be for such number of years or duration as the parties may agree, all as provided in the "Regional Transpon:.ationAuthorityAct"; and-:- (d) to borrow money for the purpose of acguiring, constructing, reconstructing, extending, or improving any PublicTransportation Facilities (as definedin Section 1.03 of theRegional TransportationAuthorityAct) operatedbyor tobe operatedby or onbehalf of the CommuterRail Division. For the (

(( 

### PublicAct 095-0708 HB0656Re-Enrolled LRB095 04786 DRH 24846b

purposeofevidencingtheobligation of theCommuterRail Board torepay anymoneyborrowed as providedint.his subsection, the Commuter Rail Board mav issue revenue bonds from time to time pursuant to ordinance adopted by the Commuter Rail Board, subject t.o the approval of t.he Regional Transportation Authority of each such issuance by the affirmative vote of 12 of its then Directors; provided that the Commuter Rail Board may not issue bonds for the purpose of financing the acquisition, construction, or improvement of a corporate headquarters building. All such bonds shall be payable solely from the revenues or income or any other funds that the Commuter Rail Board may receive, provided that the Commuter Rail Board may not pledge as security for such bonds the moneys, if any, that the Commuter Rail Board receives from the Regional Transportation Authority pursuant to Section 4.03.3(f) of the Regional Transportation Authority Act. The bonds shall bear interest at a rate not to exceed the maximum rate authorized by 

### the BondAuthorizationAct. and shall mature at such time or times not exceeding 25 years from their respective dates. Bonds issuedpursuant to this paragraph must be issued with scheduled principal or mandatory redemption payments in equal amounts in each fiscal year over the term of the bondsI 

### with the first principa1 

### or mandatory redempt.ion payment scheduled within the fiscal year in which bonds are issuedorwithinthenext succeeding fiscal vear. At least 25% 1 

### based on total principal amount, of all bonds authorizedPublicAct 095-0708 HB0656Re-Enrolled LRB095 04786 DRH 24846b
pursuant to this Section shall be sold pursuant to notice of saleandpublicbid. No more than 75%, basedon total principal amount, of all bonds authorizedpursuant to this Section shall be soldbvnegotiated sale. Themaximumprincipal amount ofthe bonds that mav be issued and outstanding at any time may not exceed $1,000,000,000. The bonds shall have all the qualities of negotiable instruments under 1:he laws of this State. To

secure the paymem:. of any or all of such bonds and for the purpose of setting forth the covenants andundertakings of the CommuterRailBoardinconnectionwiththe issuance thereof and the issuance of any additional bonds payable from such revenue
or income as well as the use and application of Lhe revenue or income received by the Commuter Rail Board, the Commuter Rail Boardmay execu1:e and deliver a trust agreement or agreements; provided that no lien upon anv physical property of the Commuter Rail Board shall be created thereby. Aremedy for any breach or default of the terms of any such trust agreement by the Commuter Rail Boardmay be by mandamus proceedings in any court of competent jurisdiction to compel performance and compliance therewith, but the 1:rust agreementmayprescribeby whom or on whosebehalf such actionmaybe instituted. Underno circumstances shallanybonds issuedbytheCommuterRailBoard

or any other obligation of the Commuter Rail Board in connection with the issuance of such bonds be or become an indebtedness or obligation of the State of Illinois, the Regional Transportation Authority, or any other political (

### PublicAct 095-0708 HB0656 Re-Enrolled 

### LRB095 04786 DRH 24846b

subdivision of ormunicipalitywithin the State, nor shall anv such bonds or obligations be or become an indebtedness of the Commuter Rail Board within the purview of any constitutional limitation or provision, and it shallbe plainly stated on the face of each bond that it does not constitute such an indebtedness or obligation but is payable solely from the

revenues orincome as aforesaid. (Source: P.A. 83-885; 83-886.)

(70 ILCS 3615/3B.10) (fromCh. 111 2/3, par. 703B.10) Sec. 3B.10. Budget and Program. The Commuter Rail Board, subject LO 

### the powers of the Authority in Section 4.11, shall control Lhe finances of i::.he Division. It shall by ordinance appropriate money LO 

### perform the Division's purposes and provide forpaymentofdebts andexpenses of the Division. Each year the Commuter Rail Board shall prepare and publish a comprehensive annual budget and proposed five-year capital program document, and a financial plan for the two years thereafter describing the state of the Division andpresenting for the forthcoming fiscal year andthe two following years the Commuter Rail Board's plans for such operations and capital expenditures as the Commuter Rail Board intends to undertake andthemeans bywhich itintends to finance them. Theproposed budgetL-e:fta

### financial plan, andfive-year capitalprogramshall be based on the Authority's estimate of funds to be made available to the Commuter Rail Board by or through thePublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 CRH 24846b Authority and shall conform in all respects to the requirements establishedby the l'rnt.hority. The proposedprogram and budget.L financial plan, and five-year capital program shall contain a statement of the funds estimatedtobe on hand at the beginning of the fiscal year, the funds estimatedtobe received from all

sources for such year and the funds estimated to be on hand at the end of such year.. "'\ftcr adspt-'cn of the A:.:t.herit.y's f.::-st :'ive Year Program, as pro·v·idcd .:n Scct_:_en 2.01 c-"' this Act, th:::. proposed program and budget shall cpcci::"ica~.,y idcr.:.._:_-"'y :::.r.y respect 

### i.n ·,;h_:_eh ':he :-cccff.ff.CF.dcd prcgr,:::..m dcv-iat:::.s from the Authority's ::.her1 e::ist.i:s.g Five Ye:.::: P:.:ograFF., g'v'ng ':he Lca::sons .:or s:.:c!", cte·dat-'on. The fiscal year of the Division shall be the same as the fiscal year of the Authority. Before the proposed budget.L and progr:::.FR and financial plan, and five-vear capital program are submiLted to the Authority, the Commuter Rail Board shall hold aL least one public hearing thereon in each of the counties in the metropolitan region in which the Division provides service. The Commuter Rail Board shall hold at least one meeting for consideration of the proposed p::::ogram a.nd budget, financial plan, and five-year capital plan with the county board of each of the several counties in the metropolitan region in which the Division provides service. After conducting such hearings and holding such meetings and after making such changes in the proposed prog::a::1 andbudget, financial plan, and five-year capital plan

as the Commuter Rail Board deems appropriate, the board shall (PublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b adopt its annual budget ordinance aL least byNovember 15 next preceding the beginning of each fiscal year. The budgetL frft€l. prograffi, ar.d financial planI and f-ive-year capi1:.al program shall thenbe submittedto theAuthority asprovidedin Section 4.11. In the event Lhat the Board of the Authority determines that thebudget andprogram, and financial plan do notmeet the standards of Section 4.11, the Commuter Rail Board shall make such changes as are necessary to meet such requirements and adopt an amendedbudgetordinance. The amendedbudgetordinance shallbe resubmittedto theAuthoritypursuantto Section 4.11. The ordinance shall appropriate such sums of money as are deemed necessary to defray all necessary expenses and obligations of the Division, 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 which do not alter the basis upon which the balanced budget determination was made by the Board of the Authority may be made from time to time by the Commuter Rail Board. Thebudget shall: (i) show a balance between (A) anticipated revenues from all sources including operating subsidies and {BJ the costs of providing the services specified and of funding any operating deficits or encumbrances incurred in prior periods, including provision for payment when due of principal and interest onPublicAct 095-0708 HB0656Re-Enrolled outstandingindebtedness; LRB095 04786 DRH 24846b

(ii) show cash balances including the proceeds of any anticipated cash flow borrowing sufficient to pay with reasonablepromptness all costs andexpenses as incurred; (iii) provide for a level of fares or charges for the public transportation provided by or subject 

### to the jurisdic-i::ion of such Commuter Rail Board sufficient to allow the Commuter Rail Board to meet its required system generated

revenue recoveryratio; (iv) be based upon and employ assumptions and projections which the Board of the Authority finds -::.o be reasonable and prudent.; (v) have been prepared in accordance wit.h sound financial practices as determinedbytheBoardofthelrnthority; e-R-9: (vi) meet such other uniform financial, budgetary, or fiscal requirements that the BoardoftheAuthoritymaybyrule

orregulationestablish; and, (vii) be consistent with the goals and oblectives adopted bythe Regional TransportationAuthority inthe StrategicPlan. (Source: P.A. 83-885; 83-886.)

(70 ILCS 3615/3B.ll) (fromCh. 111 2/3, par. 703B.ll) Sec. 3B.11. Citizens Advisory Board. The Commuter Rail Board shall establisha citizens advisoryboardcomposed often residents of thoseportions ofthemetropolitan region in which the Commuter Rail Board provides service who have an interest 

### (( 

### PublicAct095-0708 HB0656 Re-Enrolled LRB095 04786DRH 24846b

in public transportation. The members of the advisory board shall be named for two year terms, shall select one of their members to serve as 

### chairman and shall serve wit:hout compensation. The citizens advisory board shall meet with the Commuter Rail Board at least quarterly and advise the Commuter Rail Board of the impact of its policies and programs on the communities it serves. Appointments to the citizens advisory board should, to the greatest extent possible, reflect the ethnic, cultural, and geographic diversity of all persons residingwithintheCommuterRail Division1

### s jurisdiction. (Source: P.A. 83-886.)

(70 ILCS 3615/3B.12) (fromCh. 111 2/3, par. 7038.12) Sec. 3B.12. WorkingCashBorrowing. The CommuterRailBoard with the affirmative vote of

## 2 e of its Directors may demand and direct the Board of the Authority to issue Working Cash Notes at such time and in such amounts and having such maturities as the Commuter Rail Board deems proper, provided however any such borrowing shall have been specifically identifiedinthebudgetof theCommuterRail Boardas approved by the Board of the Authority. Provided further, that the CommuterRail Boardmay not demand and direct the Board of the Authority to have issued and have outstanding at any time in

excess of $20,000,000 inWorkingCashNotes. (Source: P.A. 83-886.)

### PublicAct 095-0708 HB0656Re-Enrolled LRB095 04786DRH 24846b (70 ILCS 3615/3B.13) {fromCh. 111 

### 2/3, par. 703B.13) Sec. 3B.13. Labor. (a) The provisions of this Section apply to collective bargaining agreements (including extensions and amendments of existing agreements) entered into on or after January 1, 1984. This Sectiondoes not applytocollectivebargainingagreements thatare subject t.o theprovisions of theRailwayLaborAct, as
noworhereafter amended. (b) The Commuter Rail Board shall deal with and enter into written contracts with their employees, through accredited representatives of such employees authorized to act for such employees concerning wages, salaries, hours, working conditions, andpension or retirement provisions about which a collective bargaining agreement has been entered prior to the effective date of this amendatory Act of 1983. Any such agreement of the Commuter Rail Board shall provide that the agreement may be reopened if -.:.he amended budget submitted pursuant to Section 2.18a of this Act is not approved by the Board of the Authority. The agreement may not include a provision requiring the payment of wage increases based on changes in the Consumer Price Index. The Commuter Rail Board shall not have the authority to enter collective bargaining agreements with respect to inherent management rights which include such areas of discretion orpolicy as the functions of the employer, standards of services, its overall budget, the organizational structure and selection of new employees and (( 

### PublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 

### DRH 24846b


### direction of personnel. Employers, however, shall be required to bargain collectivelywith regard to policymatters directly affecting wages, hours and terms and conditions of employment,

as well as the impact thereon, upon request by employee representatives. To preserve the rights of the Commuter Rail Board and exclusive representatives which have established collective bargaining relationships or negotiated collective bargaining agreements prior to the effective dat.e of this amendatory Act of 1983, the Commuter Rail Board shall be required Lo bargain collectively with regard to any matter concerningwages, hoursor conditions ofemployment aboutwhich they have bargained prior to the effective date of this amendatoryActof 1983. (c) The collective bargaining agreement may not include a prohibition on the use of part-time operators on any service operatedby the Commuter Rail Board except where prohibitedby federal law. (d) Within 30 days of the signing of any such collect.ive bargaining agreement, the Commuter Rail Board shall determine the costs of each provision of the agreement, prepare an amended budget incorporating the costs of the agreement, and present the amended budget to the Board of the Authority for its approval under Section 4.11. The Board may approve the amended budget by an affirmative vote of 12 -9- 

### of its then Directors. If the budget is not approved by the Board of the Authority, the agreement may be reopened and its terms may bePublicAct 095-0708 HB0656 Re-Enrolled 

### LRB095 04786DRH 24846b renegotiated. Any amended budget which may be prepared following renegotiaLion shall be presented to the Board of Lhe Authority for its approval inlikemanner. (Source: P.A. 84-1308.)

(70 ILCS 3615/38.14 new) Sec. 38.14. Notwithst.anding any law to the contrary, no later than 60 davs following the effective date of this amendatory Act of the 95th General Assembly, any fixed route public transportation services provided by, or under grant or purchase of service contract.s of the CommuterRail Boardshall be provided without charge to all senior citizens of the Metropolit.anRegion aged 65 and older, under such conditions as shallbeprescribedbythe CommuterRail Board.

(70 ILCS 3615/4.01) (fromCh. 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} appropriatemoney toperform the Authority1s purposes and provide for payment of debts and expenses oftheAuthority, (ii) take actionwithrespect to the budget and t1.,ro-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 ofeach ServiceBoard (



### (PublicAct 095-0708

I HB0656 Re-Enrolled LRB095 04786 DRH 24846b


### that has been approved by 

### the Authority. :ash year the Au:hority shall prepare and pu.bl.:.sh ,:;,_ co:rrprch::f'lsive annu::l b:.::dgct and program decaFAcr.-::. describing ,..he state 

## c: the Authority and presenti:c.g for ,..he .:o::thcoming t.:.seal yea-- Authority's plans .:::or s·c.1ch opcrat.ions and capital eHpcrA"t:.:res

as :heZ'.uthcrL.y in:ends to undertake and themeans by-;;hie!'. ic intends to """inanes thcffl. The Annual Budget and Two-Year Financial Plan proposed program and budget shall contain a 

### statement of the funds estimated to be on hand for the Authority andeach ServiceBoardat thebeginning 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 handatthe end of such year. After adoption of :...he Authority's f::.rot :-"::.•:e '.:ear PrograFF., as p!?ov"dcd .:;_n ::::cct"or. 2.01 o:: ::.his t':',e proposed p>=ogr::FR and budget sha:'..l specifj_cally identify afly reopecc .:;_n which the rccoffifficndcdprog.;:"aFR devj_atco f::-oFR the Authori::.y'o then u:isting Fi·Jc Year Program, givir.g the reasons for such dc-v::.c.tion. The fiscal year of the Authority and each Service Board shall begin on January 1st and endon the succeeding December 31stexcept that the f~scal year ::.haC bcgar. October 1, 1982, shall end December 31, 1983. By 

### J~ly lot 198: and July 1st of each year thereafter the Director of the Illinois Governor's Office of Management and BudgetPublicAce 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b (formerly Bureau of the Budget) shall submit to the Authority

an estimate of revenues for the next fiscal year of the Auchority to be collected from the taxes imposed by the Authority and the amounts to be available in the Public Transportation Fund and the Regional TransportaLion Authority Occupation and Use Tax Replacement Fund and the amounts otherwise to be appropriatedby the State co the Authority for its purposes. The Authority shall file a copy of its Annual Budget and Two-Year Financial Plan with Fe::: -::.r.c ..:-:.sea::. year er.ding on Dcc::::Fftl:.cr 31, 1933, :.heBoard sha.:!.l report .,-::.s res::1-t.s

=rernopcr:::tisns andt:.r.ancial ccnd:.t:.on to -::.he General l'.::::sembly afld the =ove:::nsr by Jam:ary 31. Fer the fi::::cal year bcg:inn:.ng January ::._934, aftd thereafter, the budget and p::egreFR shall be presen-::.cd ts the General Assembly andthe Governor after its adoption RC~ letcr ~han the presedi_ng Geceffiber 31st. Before the proposed Annual Budget and Two-Year Financial Plan budget and pregrarr. is adopted, the Authority shall hold at least one public hearing thereon in the metropolir:.an region and shall The 3eard shall hold at ~east enc FReet"'fig for eofts~derati_ofl e= the proposed program aftd budget with the countyboard or itsdesignee 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 pregrarH and budget as the Board deems appropriate, the Board shall adopt its annual appropriation and Annual Budget and Two-Year (I

( PublicAct 095-0708 HB0656 Re-Enrolled 

### LRBD95 04786 DRH 24846b

Financial Plan budge:. ordinance. The ordinance may be adopted onlyupon the affirmative votes of

### .11.**~** 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 maybemade from time to time by the Board upon the affirmativevotes of 

### 12**~** of its thenDirectors. {b) The Annual Budget and Two-Year Financial Plan budget shall show a balance between anticipated revenues from all

sources and anticipated expenses including funding of operatingdeficits orthe discharge ofencumbrances incurredin prior periods and payment of principal and interest when due, and shall show cash balances sufficient to paywith reasonable promptness allobligations andexpenses as incurred. TheAnnualBudgetandTwo-Year Financial Plan anr.ualbudg::::.t eecFR~dHf~i~·R!muffiHC~r~ce±l,.-,;p~lha~nnmust 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% ofthe aggregate costs ofproviding such public transportation in such fiscal year. "Fare revenues"PublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786DRH 24846b

include the proceeds of all fares and charges for services provided, contributions received in connectionwith public transportation from units of local government other than the Authority, except for contributions received bv the Chicago Transit Authority from a real estate transfer tax imposed under subsection (i) of Section 8-3-19 of t.he 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, includingbutnot limitedto fares andgrants receivedfrom the federal, State or anyunit of local government or other entity, derived from providing ADA paratransit service pursuant to Section 2.30 of the Regional Transportation AuthorityAct. "Costs" include all items properly included

as operating costs consistent with generally accepted accountingprinciples, 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 ofthisAct; anypayments with respect to rate protection contracts, credit (



### (

### PublicAct 095-0708 HB0656Re-Enrolled LRB095 04786 DRH 24846b

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 up ts s$~5~,~08"0B07,~8~8~88-----ea~ee,ce.~u~a~l~c~;,.- 

### for passenger security including grants, contracts, personnel, equipment and adminisLrative expenses, except in the case of the Chicago Transit Authority, in which case the term does not include costs spent annuallyby that entity for protection against crime

as required by 

### Section 27a of the Metropolitan Transit AuthorityAct; thepaymentbytheChicagoTransitAuthority 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.Ole of this amendatory Act of the 95th General Assembly for a period of 2 vears 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 byPublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b $401000,000 in each fiscal year thereafter until this exemption is eliminated; and (ii) that the level of fares charged for ADA para~ransit 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 in fiscal years 2007 and 2008 and at least 12"o of the aggregate costs of providing such

### ADA paratransit services in fiscal years 2009 and thereafter; for purposes of this Act, the percentages in this subsec"Lion (b)(ii) shall be referred to as the "system generated ADA paratransit services revenue recovery ratio". (c) The actual administrativeexpenses of theAuthority for the fiscal $5,000,000. year The commencing January 1, 1985 may not exceed actual administrative expenses of the Au"[hori~y 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 onbehalf of the ServiceBoards; (2) payments to Service Boards; and (3) payment of principal and interest on bonds, notes or other evidence of obligation for borrowedmoney issuedby theAuthority; (4) costs for passenger security including grants, contracts, personnel, equipment and( 

### PublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b


### administrative expenses; (5) payments witb. respect to public transportation facilities made pursuant to subsection (b) of Section 2.20 of this Act; and (6) anypayments with respect to rate protection contracts, credit enhancements or liquidity agreementsmadepursuanttoSection4.14. (d) This subsection applies only until the Department begins administering and enforcing an increased tax under Section 4.03(m) as authorized by t.his amendatory Act of the 95thGeneralAssembly. Afterwithholding 15% oftheproceeds 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 theproceeds andmoneyremaining tothe ServiceBoards

as follows: (1) an amountequal to 859 0 

### of theproceeds ofthose taxes collect.edwithintheCity of Chicago and 85% ofthemoney received by the Authority on account. of transfers to the Regional Transportation Authority Occupation and Use Tax ReplacementFundfromtheCountyandMass Transit DistrictFund 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 ReplacementFundfromtheCountyandMass Transit DistrictFund attributable to retail sales within Cook County outside of the

### PublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786DRH 

### 24846b 

### ci1:y of Chicago shall be allocated 30% to the Chicago Transit Authority, 55% to the Commuter Rail Board and 15'o 

### to the Suburban Bus Board; and (3) an amount equal 1:0 

### 859 0 

### of the p:!'.'oceeds of the taxes collectedwithin the Counties of DuPage, Kane, Lake, McHenry and Will shall be allocated 70% to the CommuterRail Boardand 30% totheSuburbanBusBoard. (e) This subsection applies only until the Department begins adminisr:ering and enforcing an increased tax under Section 4.03(ml as authorized by this amendatory Act of the 95th General Assembly. Moneys received by the Authority on account of transfers 1:0 

### 1:he Regional Transportation Authority Occupation and Use Tax Replacement Fund from the State and Local Sales Tax Reform Fund shall be allocated among the AuthorityandtheServiceBoards as follows: 159 0 

### of suchmoneys 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 shallbe allocatedamong 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 Section4.01 for the immediatelyprecedingcalendaryear to the total amount distributed to all of the Service Boards pursuant to subsection {d) of Section 4.01 for the immediately (PublicAct 095-0708 

### I HB0656Re-Enrolled LRB095 04786 DRH 24846b preceding calendaryear. (f) To carry out its duties andresponsibilitiesunder this Act, .:urther 2nd accomplish the preparation o.: the anr.ual b•.1dgcc ar.d progra:f. a.: wc~l as -::.1:-'.e !?"ve Year Prog_;_:"am prov"dcd fer in Sce-::.ian 2.81 

### of thi_s and to make such interim managcft',Cnt deci_s·ens e.s may be necessary, the Board shall employ staffwhich shall: (1) propose for adoptionbv the Board of the Authority rules for the Service Boards that establish (i) forms and schedules to be used and information required to be providedwith respect to a five-year capitalprogram, annual budgets, and two-year financial plans and reqular reporting of actual result.s 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
0 

### p~r~o~g""-r~a~m~;~---"12c.c) 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, costs 

### and relative prioricies; 

### Jll**~** keep the Board and thepublic informed ofthe extent to which the Service Boards and transportation agencies are meeting the goals and objectives adopted by the Authority in the Strategic Plan public transportation programs accomplishrrtents o"" such transporta~ion agencies; and 

### ill

assess the efficiency or adequacy of public transportationPublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786DRH 24846b

services provided by a Service Board and make recommendations for change in that service (3) coord:.nate -::he develepw.ent and implcmcr.:...a-::.iof't of public trar.::;portatio:1 pregrarr,s to the end that the moneys mor.ics available to the Authority may be expended in the most economical manner possible with the least possibleduplication. (g) All Under such ::sgulat::.cns ao -::be Boa::dmay prescribe, 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 Board such information pertaining to public transportation or relevant for plans therefor as it may from time to time require. The Executive Director, orhis orher designee, upon payw,en-::. -::.e any ..,uch agency o::- Sc::vicc Board

## o: the reasonable add"t.L:;nal cos-:. ofi-::.s so p::ovidir.g s..:ch "nforffiat"en otecpt as ffi&'.{ et.hcn;iscbe prcJ.:'..d::db:i,· agrccrr.cnt •,;i-:.h t.hc Aut.hority, and :...he Bea·cd o::::: any dulyauthor.::.zed CFr,Pleyec o:: the Eea::-d shall, for thepurpose of securinganysuchinformationnecessaryor 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 5i:tE-ft agency receiving funds from the Authority

or Service Board, and such Service Board or transportation agency shall complywith anvrequestbytheExecutive Director,

or his or her designee, within 30 days or an extended timePublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b

transp::;rta:._ion orrele;;an-= forpla:1s th2rc:=cr. (hi No Service Board shall undertake any capital improvement which is not identified in the Five-Year Capital Program. (Source: P.A. 94-370, eff. 7-29-05.)

(70 ILCS 3615/4.02) (fromCh. 111 2/3, par. 704.02) Sec. 4.02. Federal, StateandOtherFunds. (a) The Authority shall have the power to apply for, receive and expend grants, loans or other funds from the State of Illinois or any department or agency thereof, from any unit ( of local government, from the federal government or any department or agency thereof, for use in connection with anyof the powers or purposes of the Authority as set forth in this Act. The Authority shallhave power tomake such studies as may be necessary and to enter into contracts or agreements with the State of Illinois or any department or agency thereof, with any unit of local government, or with the federal government or any department or agency thereof, concerning such grants, loans or other funds, or any conditions relating thereto, including obligations to repay such funds. The Authority may make such covenants concerning such grants, loans and funds as it deems proper and necessary in carrying out its responsibilities, purposes andpowers asprovidedinthisAct. (b) The Authority shall be the primary public body in thePublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b metropolitan regionwith authorityto applyfor andreceive any grants, loans or other funds relating to public transportation programs fromthe State of Illinois or any department or agency thereof, or from the federal government or any department or agency thereof. Any unit of local government, Service Board or transportation agency may apply for and receive any such federal or state capi~al grants, loans or other funds, provided, however that a Service Board may not apply for or receive any grant or loan which is not identified in the Five-Year Capital Program. Any Service Board, unit of local government or transportation agency shall notify theAuthority prior to making any such application and shall file a copy thereof with the Authority. Nothing in this Section shall be construed to impose any limitation on the ability of the State of Illinois or any department or agency thereof, any unit of local government or Service Board or transportation agency to make any grants orto enterintoanyagreement or contract with the National Rail Passenger Corporation. Nor shall anything in this Section impose any limitationonthe abilityofany school district to apply for or receive anygrant, loanorother funds for transportationof school children. (c) The Authority shall provide to the Service Board any monies received relating to public transportation services under the jurisdiction of the Service Boards as provided in Section4.03.3 ofthisAct. fo:lmrs: (1) As soon as FFtC:Y be practi:::able after the Au~hority (PublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846 b payment, under Scc::.i_on l.0 3(ff,) or Sec::.i_on 4.03.1(d) 1 of the proceeds of those tanes levied by the Au::.bority, the l'rntho::.::.ty shall trar.s::"c:: to each Service Board the ameun-:. to cihich it er.:.itlcd under See::.:-ori 

### e.o:1d1 (2) ':'heAuthorityby ordinc.n;:::c adopt:::d by 9 o..= .::'.ts tf',cn Directors shall cstab 1ish .:: ::"ormula appo1-t"cnir.g any :"ederal :'.:ur.ds for opcrc.ti_ng assis:...ancc purposes -:::.he Au-:::.hori:.y rc:::c"-.es to each Serv-icc Board. ::n cstablish:_ng th:: formula, the Beu.rdshall consider, affiong other ::actors: ride:csf',.:;_p levels, tJo.c c::"..'.:"ieicncy w:_:....!'. uh:_ch the scr-,·ice "s provided, the degree cf trar,sit depender,cc o::" the area ( served and the cos-:::. of se::--.-iee. Tha::. portion e:': aP.y fcdera2. funds ::"er operating aosiotar.ce recc:_·.-ed by ::.r.e T,uthor7

### ty shall be paid to each Service 3sard as aeon as ffiay be pract.:.cab1e upon their rcccip-:::. provided the Authority has adopt:::d a balanced budget as required by S:::ctien 4.0~ and further provided '::.l=.at the se....-~·ice B::.ards arc in c;:;mpl"ance with the requireFFtents ifl See:....ior.**~**.11. (3) The }rntho!?i::.yby ord.::'.nance adoptedby 9 of :.ts then Direc::.ors shall apportier. to '::he Service Boards funda provided by ::.he State of Illinois under Section 4.09 and shall .aake paymer.t of said funds to each Service Board as

seen as may be practicable upon their receipt provided '::he Authority has 2.dep

....ed a ba1anced budget as required by Section 4.81 and further provided the Service Board is H,PublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846 b co:npliancc ,.·th ~F.e rcqu.:.rcfficnts in Scetio'.'l ~.11. (0 Beginning January 1, 2009, be:=sre rr.ak.::.og any payTF,cnt3, trans::ers, or c;:psndit:.:rcs under this subsect.=.on to a Service Board, the l'l:.;-::.her"ty r:-cust fir..,~ comply •,;ith Scc-::.ion q_Q2a or 1.021c o-"' thi;:; Act, h·hiche·;er FRay be applicc.blc.. (Source: P.A. 94-839, eff. 6-6-06; 95-331, eff. 8-21-07.)

(70 ILCS 3615/4.02a) Sec. 4.02a. Chicago Transit Authority contributions to pension funds. (a} The Authority shall continually review the Chicago Transit Authority's payment of the required contributions to its retirement system under Section 22-101 of the Illinois Pension Code. (bl BeginningJanuary 1, 2009, if at anytime theAuthority determines that the Chicago Transit Authority's payment of any portion of the required contributions to its retirement system under Section 22-101 of the Illinois Pension Code is more than

one month overdue, it shall as soon as possiblepay the amount of those overdue contributions to the BoardofTrustees ~rustec of the Retirement Plan retirement system on behalf of the Chicago Transit Authority out of moneys otherwise payable to the Chicago Transit Authority under subsection (c) of Section 4.03.3**~** of this Act. The Authority shall thereafterhave no liability to the Chicago Transit Authority for amounts paid to 

### (

### ( PublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b

theBoardof Trustees tr:::1Stcc oftheRetirement Planr:::t'runcnt sys-:.emunder this SecLion. (c) Whenever the Authority acts or determines that it is required to act under subsection {bl, it shall so notify the Chicago Transit Authority, the Mayor of Chicago, the Governor, the Auditor General of Lhe State of Illinois and the General Assembly. (Source: P.A. 94-839, eff. 6-6-06.)

(70 ILCS 3615/4.02b) Sec. 4.02b. Othercontributions topension funds. (a} The Authority shall continually review the payment of L.he required employer contributions to affecLed pension plans under Section22-103 ofthe Illinois PensionCode. (b) Beginning January 1, 2009, ifat any time theAuthority det.ermines that the Commuter Rail Board's or Suburban Bus Board'spayment of anyportionofthe required contributions to

an affected pension plan under Section 22-103 of the Illinois Pension Code is more than one month overdue, it shall as soon
as possible pay the amount of those overdue contributions to the trustee of the affected pension plan on behalf of that Service Board out of moneys otherwise payable to that Service Board under Section 4.03.3 subaect'on (c) of Section 1.82 of this Act. The Authority shall thereafter have no liability to the Service Board for amounts paid to the trustee of the affectedpensionplanunder this Section.PublicAct 095-0708 HB0656 Re-Enrolled 

### LRB095 04786 DRH 24846b (cl Whenever the Authorii:.y acts or determines that it is required to act under subsection (b), it shall so notify the affected Service Board, i:.he Mayor ofChicago, the Governor, the Auditor General of i:.he State of Illinois Assembly. and i:.he General

(d) Beginning January 1, 2009, if the Authority fails to pay to an affectedpension fund within 30 days after it is due any employer contribution that it is required to make as a contributing employer under Section 22-103 of the Illinois Pension Code, it. shall promptly so notify the Commission on Government Forecasting and Accouni:.ability, the Mayor of Chicago, the Governor, and i:.he General Assembly, and ii: shall promptly pay the overdue amount out of the first money available to the Authority for its administrative expenses, as that termis definedin Section 4.0l(c) (Source: P.A. 94-839, eff. 6-6-06.)

(70 ILCS 3615/4.03) (fromCh. 111 2/3, par. 704.03) Sec. 4.03. Taxes. (a) In order to carry out any of the powers or purposes of the Authority, the Board may by ordinance adopted with the

concurrence of 12 ..g. of the then Directors, impose throughout the metropolitan region any or all of the taxes provided in this Section. Except as otherwise provided in this Act, taxes imposedunder this Sectionand civilpenalties imposedincident thereto shallbe collectedandenforcedbythe State Department (

# '

( 

### PublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b

of Revenue. The Department shall have the power to adminisr.er and enforce the taxes and to determine all rights for refunds 

### forerroneouspayments ofthetaxes. Noching in this amendatory Act of the 95th General Assemblv is intended to invalidate any taxes currently imposed by the Authority. The increased vote requirements to 

### impose a ~ax shall only 

### apply to 

### actions taken after the effective date of this amendatory Act of the 95th 

### General Assembly. (bl The Board may impose a public cransportation tax upon all persons engaged in the metropolitan region in the business 

### of sellingat retailmotor fuel for operation ofmotorvehicles upon public highways. The tax shallbe at a ra~e not to exceed 5% of the gross receipts from the sales of motor fuel in the

course of the business. As used in this Act, the term "motor fuel" shall have the same meaning as inthe Motor Fuel Tax Law. The Boardmayprovide for details of the tax. Theprovisions of any tax shall conform, as closely as maybepracticable, to the provisions of the Municipal Retailers Occupation Tax Act, including without limitation, conformity to penalties with respect to the tax imposed and as to the powers of the State Department of Revenue to promulgate and enforce rules and regulations relating to the administration and enforcement of the provisions ofthe tax imposed, except that reference in the Act to any municipality shall refer to the Authority and the tax shallbe imposed onlywith regard to receipts from sales of motor fuel in the metropolitan region, at rates as limited byPublicAct. 095-0708 HB0656Re-Enrolled

t.his Section. LRB095 04786DRH 24846b

(c) In connect.ion with the tax imposedunder paragraph (bl of this Section the Board may impose a tax upon the privilege of using in the metropolitan region motor fuel for the operation of a motor vehicle upon public highways, the tax to be at a rate not in excess of the rate of tax imposed under paragraph (b) of this Section. The Board may provide for details ofthe tax. (d) The Board may impose a motor vehicle parking tax upon the privilege of parking motor vehicles at off-street parking facilities in the metropolitan region at which a fee is charged, and mayprovide for reasonable classifications in and exemptions to the tax, for administration and enforcement thereof and for civil penalties and refunds thereunder and may provide criminal penalties thereunder, the maximum penalties not to exceed the maximum criminal penalties provided in the Retailers' Occupation Tax Act. The Authority may collect and enforce the tax itself or by contruct with any unit of local government. The State Department of Revenue shall have no responsibility for t.he collection and enforcement unless the Department agrees with the Authority to undertake the collectionand enforcement. As used inthisparagraph, the term "parking facility" means a parking area or structure having parking spaces formore than 2 vehicles at. whichmotor vehicles

are permitted topark in return for an hourly, daily, or other periodic fee, whetherpubliclyorprivatelyowned, but does not 

### ((

(

( 

### PublicAcL. 095-0708 HB0656Re-Enrolled LRB095 04786 DRH 24846 b

include parking spaces on a public street, the use of which is regulatedbyparkingmeters. (e) The Board may impose a Regional Transportation AuthorityRetailers' Occupation Tax upon all persons engaged in the business of selling cangiblepersonal propertyat retail in Lhe metropolitan region. In Cook County the tax rate shall be 1.25%**~** of the gross receipLs from sales of food for human consumption that is tobe consumed offthe premises where it is sold (other than alcoholic beverages, soft drinks and food that has been prepared for immediate consumption} and prescription and nonprescription medicines, drugs, medical appliances and insulin, urine testing materials, syringes and needles usedby diabetics, and 1%**~** of the gross receipts from othertaxable sales made in the course of that business. In DuPage, Kane, Lake, McHenry, and Will Counties, the tax rate shall be 0.75% +-,,L4-%- of the gross receipts from all taxable sales made in the

course of thatbusiness. The tax imposedunder this Section and all civilpenalties that maybe assessed as an incidentthereof shall be collected and enforced by the State Department of Revenue. The Department shallhave full power to administer and enforce this Section; to collect all taxes and penalties so collected in the manner hereinafter provided; and to determine all rights to credit memoranda arising on account of the

erroneous payment of tax or penalty hereunder. In the administration of, and compliance with this Section, the Department and persons who are subject to this Section shallPublicAct 095-0708 HB0656 Re-Enrolled 1RB095 04786 DRH 24846 b

have the same rights, remedies, privileges, immuniLies, powers and duties, and be subject to the same condiLions, restrictions, limitations, penalties, exclusions, exemptions and definitions of terms, and employ the same modes of procedure, as are prescribed in Sections 1, la, la-1, le, ld, le, lf, li, lj, 2 through 2-65 (in respect to all provisions therein other than the State rate of tax), 2c, 3 (except as to the disposition of taxes and penalties collected), 4, 5, Sa, Sb, Sc, Sd, Se, Sf, Sg, Sh, Si, Sj, Sk, 51, 6, 6a, 6b, 6c, 7, 8,

0 

### ,, 10, 11, 12 and 13 of the Retailers 1 Occupation Tax Act and Section 3-7 of the Uniform PenalLy and Interest Act, as fully

as ifthoseprovisions were setforth herein. Persons subject to any tax imposed under the authority 

### ( granted in this Section may reimburse themselves for their seller's tax liabilityhereunder by separately stating the tax

as an additional charge, which charge may be stated in combination in a single amount with State taxes that sellers

are required to collect under the Use Tax AcL, under any bracket schedules the Departmentmayprescribe. Whenever the Department determines that a refund shouldbe made under this Section to a claimant instead of issuing a credit memorandum, the Department shall notify the State Comptroller, who shall cause the warrant to be drawn for the amount specified, and to the person named, in the notification from the Department. The refund shall be paid by the State Treasurer out of the Regional TransportationAuthoritytax fundPublicAct 095-0708 HB0656Re-Enrolled LRB095 04786 DRH 24846 b

establishedunderparagraph (n) ofthis Section. If a Lax is imposedunder this subsection (e), a tax shall alsobe imposedunder subsections (f) and (g) ofthis Section. For the purpose of determining whether a tax authorized under this Section is applicable, a retail sale by a producer of coal or othermineralminedin Illinois, is a sale at retail at Lhe place where the coal or other mineralmined in Illinois is extracLed from the earth. This paragraph does not apply to coal or other mineral when it is delivered or shipped by the seller to the purchaser at a point outside Illinois so that the sale is exempt under the Federal Constitution as a sale in interstate or foreign commerce. No tax shall be imposed or collected under this subsection

on the sale of a motor vehicle in this State to a resident of another state if that motor vehicle will notbe titled in this State. Nothing in this Section shallbe construedto authorizethe Regional Transportation Authority to impose a tax upon the privilege of engaging in any business that under the Constitution of Lhe United States may not be made the subject oftaxationbythis SLate. (f) If a tax has been imposed under paragraph (e), a Regional Transportation Authority Service Occupation Tax shall also be imposed upon all persons engaged, in the metropolitan region in the business of making sales of service, who as an incident to making the sales of service, transfer tangiblePublicAct 095-0708 HB0656Re-Enrolled LRB095 04786DRH 24846b personalpropertywithin themetropolitan region, either in the form of tangible personal property or in the form of real estate as an incident to a sale of service. InCook County, the tax rate shall be: (1) 1.25°0 Hof the serviceman's cost price of food prepared for immediate consumption and transferred incident to a saleof service subject to the serviceoccupation tax by an entity licensed under the Hospital Licensing Act or the Nursing Home Care Act that is located in the metropolitan region; (2) 1.25% ±-%- of the selling price of food for human consumption that is LObeconsumed offthepremises where it is sold (otherthan alcoholicbeverages, softdrinks andfood that has been prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances and insulin, urine testingmaterials, syringes and needles usedby diabetics; and (3) 1%**~** of the selling price from other taxable sales of t.angible personal property transferred. In DuPage, Kane, Lake, McHenryandWill Counties the rate shallbe 0.75% ±-1-4-%- of the selling price of all tangible personal propertytransferred. The tax imposed under this paragraph and all civil penalties that maybe assessed as an incident thereof shall be collected and enforcedby the State Department of Revenue. The Department shall have full powerto administer andenforce this paragraph; tocollect all taxes andpenalties duehereunder; to dispose of taxes and penalties collected in the manner hereinafter provided; and to determine all rights to credit I



### (

### ( PublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b

memoranda arisingon account ofthe erroneouspayment of tax or penaltyhereunder. In the administrationof and compliancewith this paragraph, this paragraphthe Department shall have and persons who are subject to Lhe same rights, remedies, privileges, immunities, powers and dm:.ies, and be subject to the same conditions, restrictions, limitaL.ions, penalL.ies, exclusions, exemptions and definitions ofterms, andemploythe

samemodes ofprocedure, as areprescribedin Sections la-1, 2, 2a, 3 through 3-50 (in respect to all provisions therein other 1:.han the State rate of tax), 4 (except that the reference to the State shall be to the Authority), 5, 7, 8 (except that the jurisdiction to which the tax shall be a debt to the extent indicated in that Section 8 shall be the Authority), 9 (except

as to the disposition of taxes and penalties collected, and except that the returned merchandise credit for this tax may not be taken against any State tax), 10, 11, 12 (except the reference therein LO Section 2b of the Retailers' Occupation TaxAct), 13 (except that any reference to the State shallmean the Authority), the first paragraph of Section 15, 16, 17, 18, 19 and 20 of the ServiceOccupation Tax Act and Section 3-7 of the Uniform Penalty and Interest Act, as fully as if those provisionswere set forth herein. Persons subject to any tax imposed under the authority granted in this paragraph may reimburse themselves for their serviceman's tax liabilityhereunderby separately stating the tax as an additional charge, that charge may be stated inPublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786DRH 24846b

combination in a single amount with State tax that servicemen

are authorized to collect under the Service Use Tax Act, under anybracket. schedules theDepartmentmayprescribe. Whenever the Department determines t.hat a refund shouldbe made under this paragraph to a claimant instead of issuing a credit memorandum, the Department shall notify the State Comptroller, who shall cause the warrant to be drawn for the amount specified, and to the person named in the notification from t.he Department. The refund shall be paid by the State Treasurer out ofthe Regional TransportationAuthoritytax fund establishedunderparagraph (n) ofthis Section. Nothing in this paragraph shall be construed to authorize the Authorityto impose a taxupon theprivilege ofengagingin any business that under the Constitution of the United States maynotbemade the subjectoftaxationbythe State. (g) If a tax has been imposed under paragraph (e), a tax shall also be imposed upon the privilege of using in the metropolitc1n region, any itern of tangible personal property that is purchased outside the metropolitan region at ret.ail from a retailer, and that is titled or registered with an agency of this State's government. In Cook County the tax rate shall be 1% 3/~~ of the sellingprice of the tangible personal property, as "selling price" is defined in the Use Tax Act. In DuPage, Kane, Lake, shall be O.75% .:J:...,L4.%.McHenry and Will of the selling counties price of the tax rate the tangible personal property, as "sellingprice" is definedintheUse Tax I( 

### PublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786DRH 24846b

Act. The tax shall be collected from persons whose Illinois address for titling or registration purposes is given as being in the metropolitan region. The tax shall be collected by the Department of Revenue for the Regional Transportation AuthoriLy. The tax must be paid to the State, or an exemption determination must be obtained from the Department of Revenue, before the title or certificate of registraLion for the property may be issued. The tax or proof of exemption may be transmitted to the Department by way of the State agency with which, or the State officer with whom, the tangible personal propertymustbe titledor registeredifthe Department andthe Sta.:,e agency or State officer determine that this procedure will expedite the processing of applications for title or registration. The Department shall have full power to administer and enforce this paragraph; to collect all taxes, penalties and interest due hereunder; to dispose of taxes, penalties and interest collected in the manner hereinafter provided; and to determine all rights to credit memoranda or refunds arising on account of the erroneous payment of tax, penalty or interest hereunder. In the administration of and compliance with this paragraph, paragraph the Department and persons who are subject to this shall have the same immunities, powers and duties,rights, and beremedies, subject privileges, to the same conditions, restrictions, limitations, penalties, exclusions, exemptions and definitions of terms and employ the same modesPublicAct 095-0708 HB0656 Re-Enrolled 

### LRBD95 04786DRH 24846b

of procedure, as are prescribed in Sect.ions 2 (except. the definition of "retailermaintaining a place ofbusiness in this State"}, 3 through 3-80 (except provisions pertaining to the State rate of tax, and except provisions concerning collection

or refunding of the taxby retailers), 4, 11, 12, 12a, 14, 15, 19 (except the portions pertaining to claims by retailers and except the lastparagraphconcerning refunds), 20, 21 and22 of the Use Tax AcL, and are not inconsistent with this paragraph,

as fully as ifthoseprovisionswere set forthherein. Whenever the Department determines that a refund shouldbe made under this paragraph to a claimant instead of issuing a credit memorandum, the Department shall notify the S1:.a1:.e Comptroller, who shall cause the order to be drawn for the amount specified, and to the person named in the notification from the Department.. The refund shall be paid by the State Treasurer out ofthe Regional TransportationAuthoritytax fund establishedunderparagraph (n) ofthis Section. (h) The Authority may impose a replacement vehicle tax of $50 on any passenger car as defined in Section 1-157 of the Illinois Vehicle Code purchasedwithin the metropolitan region by or on behalf of an insurance company to replace a passenger
car of an insured person in settlement of a total loss claim. The tax imposed may not become effective before the first day of the month following 1:.he passage of the ordinance imposing the tax and receipt of a certifiedcopy of the ordinancebythe Department of Revenue. The Department of Revenue shall collect (

(

### PublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786DRH 24846b

the tax for the Authority in accordance with Sections 3-2002 and 3-2003ofthe IllinoisVehicleCode. The Department shall Treasurer, ex officio, inunediately pay over to

as trustee, all taxes the State collected hereunder. On or before the 25th day of each calendar month, the Department shallprepare andcertifyto the Comptrollerthe disbursement of stated sums of money to the Authority. The amount to be paid to Lhe Authority shall be the amount collected hereunder during the secondpreceding calendarmonth bythe Department, less any amount determinedbytheDepartment to be necessary for the payment of refunds. Within 10 days after receipt by the Comptroller of the disbursement certification to the Authorityprovided for in this Section to be given to the Comptroller by the DeparLment, the Comptroller shall cause the orders to be drawn for that amount in accordancewiththedirections containedinthe certification. (i) The Board may not impose any other taxes except as it mayfrom timetotimebe auchorizedbylawto impose. (j) 

### A certificate of registration issued by the State Department of Revenue to a retailer under the Retailers' Occupation Tax Act or under the Service Occupation Tax Act shall permit the registrant to engage in a business that is taxed under the tax imposed under paragraphs (b), (e), (f) 

### or (g) of this Section and no additional registration shall be requiredunder the tax. Acertificate issued under the Use Tax Act or the Service Use Tax Act shall be applicable with regardPublicAct 095~0708 HB0656 Re-Enrolled LRB095 04786DRH 24846b

to anytaximposedunderparagraph (c) of this Section. (k} The provisions of any tax imposed under paragraph (c} of this Section shall conform as closely as may be practicable to Lhe provisions of Lhe Use Tax Act, including without limitation conformity as to penalties with respect to the tax imposed and as to thepowers ofthe StaLe Department ofRevenue topromulgate andenforce rules andregulations relatingto the administration and enforcement of the provisions of the tax imposed. The taxes shall be imposed only on use within the meLropolitan regionandat rates asprovidedintheparagraph. (1) The Board in imposing any tax as providedinparagraphs (b) and (c) of this Section, shall, after seekingthe advice of the State Department of Revenue, provide means for retailers,

users orpurchasers ofmotor fuel forpurposes otherthan those with regard to which the taxes may be imposed as provided in Lhose paragraphs to receive refunds of taxes improperly paid, which provisions maybe at variance with the refundprovisions

as applicableunder theMunicipalRetailersOccupation TaxAct. The StateDepartmentofRevenuemayprovide for certificates of registration for users orpurchasers ofmoLor fuel for purposes other than those with regard to which taxes may be imposed as provided in paragraphs (b) and (c) of this Section to facilitate the reporting and nontaxability of the exempt sales

oruses. (m) Any ordinance imposing or discontinuing any tax under this Section shall be adopted and a certified copy thereof ({

( PublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b

filed with the Depar-t.ment on or before June 1, whereupon the Department of Revenue shall proceed to administer and enforce this Section onbehalf of theRegional Transportation Authority

as of September 1 next following such adoption and filing. Beginning January 1, 1992, an ordinance or resolution imposing

or discom:.inuing the tax hereunder shall be adopted and a certified copy thereof filed with the Department on or before the first day of July, whereupon the Department shall proceed to administer and enforce this Section as of the first day of October next following such adoption and filing. Beginning January 1, 1993, an ordinance or resolution imposingL increasing, decreasing, or discontinuing the tax hereunder shall be adopted and a certified copy thereof filed with the Department on or before the ~irst day ofOctober, whereupon the Departrnen~ shallproceedto administer andenforce this Section

as of the first day of the first monthto occurnot less than 60 days -7anua.::::y neHt following such adoption and filing. Any ordinance or resolution of the Authority imposing a tax under this Section and in effect on August 1, 2007 shall remain in full force and effect and shall be administered by the Department of Revenue under the terms and conditions and rates of tax established by such ordinance or resolution until the Department begins administering and enforcing an increased tax under this Section as authorized by this amendatory Act of the 95th General Assembly. The tax rates authorized by this amendatory Act of the 95th General Assembly are effective onlyPublicAct 095-0708 HB0656 Re-Enrolled 

### LRB095 04786 DRH 24846b

if imposedbyordinance oftheAuthoritv. (n) The State Department of Revenue shall, upon collecting any taxes as provided in this Section, pay the taxes over to the State Treasurer as trustee for the Authority. The taxes shall be held in a trust fund outside the State Treasury. On or before the 25th day of each calendar month, the State Department of Revenue shall prepare and certify to the Comptroller of the State of Illinois and -::.he affi0t;_n-:::_ -::.o be paid to the l\u-::.hcrit.y, wbicf', Sfwll be -::.he -::.hen balance i?. th;:. L:nd, less any am::ur.t determined by the Dcpartfficnt to be .:-.cccssary for the pq,."snt cf refunds. The S~a:__c Bcpartl'f,CE~ s"" Reven:;;:. sfiall a:so cert"fy to the Authority 

### ill the amount of taxes collected in each County other than Cook County in the metropolitan region (ii) less the amount necessary for the payment cf re:::.-:nds to -::.anpa:i,•ers in t.he '.:aunty. 

## w.:.th :=egard to the County ;:;:;: Coo;~, "':he ecrti::"cat.:.on shall spcei::y the amount of taxes collected within the City of Chicago.L. less the amour.-:. necessary fsr the payff,Cnt of refunds to -::.a::paycrs in the Cit:i,· of Ch.:.~ago and {iii) the amount collected in that portion of Cook County outside of Chicago, each amount less the amount necessary for the payment of refunds to taxpayers located in those areas described in items (i), (ii), and (iii) in that port.i_on of Cool:Cm:..nty out.si_de o::" Chicago. Within 10 days after receipt by the Comptroller of the certification of the amounts aFrtount t.o bepaidto the Authority, the Comptroller shall cause

an order to be drawn for the payment of two-thirds of the (

(( PublicAct 095-0708 HB0656Re-Enrolled LRB095 04786 DRH 24846b

amounts certified in item (i) of this subsection to the 

### Authorityandone-thirdofthe amounts certifiedinitem (i) 

### of this subsection to the respective counties other than Cook County andthe amount certified in items (ii) and 

### (iii) of this subsection to the Authority ~or the affts;.;.nt ·n accordance '"1ith "'he ct_:_rcct·of'. inthe cc::tif_:_ca-::.:;.ofl. 

### In addition to the disbursement required by the preceding paragraph, an allocation shall be made in July 1991 and each year thereafter to the Regional Transportation Authority. The allocar.ion shall be made in an amount equal to the average monthly distribution during the preceding calendar year (excluding the 2 months of lowest receipts) and the allocation shall include the amount of average monthly distribution from the Regional Transportation Authority Occupation and Use Tax Replacement Fund. The distribution made in July 1992 and each year thereafter under this paragraph and the preceding paragraph shall be reduced by the amount allocated and disbursedunder this paragraph in the preceding calendar year. The Department of Revenue shall prepare and certify to the Comptroller for disbursement the allocations made in accordancewiththisparagraph. (o) Failure to adopt a budget ordinance or otherwise to comply with Section 4.01 of this Act or to adopt a Five-year Capital Program or otherwise to comply with paragraph (b) of Section 2.01 of this Act shall not affect the validity of any taximposedbytheAuthorityotherwisein conformitywith law.PublicAct 095-0708 HB0656 Re-Enrolled 1RB095 04786 DRH 24846b (p) At no time shall a public transportation tax or motor vehicle parking tax authorized under paragraphs (b}, (c) and (d) of this Section be in effect at the same time as any retailers' occupation, 

### use or service occupation tax authorizedunder paragraphs (el, (f} and (g) of this Section is in effect. Any taxes imposed under the authority provided in paragraphs (b), (c) and (d) shall remain in effect only until the time as any tax au-;::horizedbyparagraphs (e), (f) or (g) of this Section are imposed and becomes effective. Once any tax authorized by paragraphs (e), (f) or (g) is imposed the Board maynot reimpose taxes as authorized inparagraphs (bl, (c) and (d) of the Section unless any -;::ax authorizedbyparagraphs (e), ( (f) or (g) of this Section becomes ineffective by means other than an ordinance of theBoard. (qi Any existing rights, remedies and obligations (including enforcement by the Regional Transportation Authority) arising under any tax imposed under paragraphs (b), (c) or (d) of this Section shall not be affected by the imposition of a tax under paragraphs (e), (f) or (g) of this Section. (Source: P.A. 92-221, 8-2-01; eff. 7-11-02; 

### 93-1068, eff. 

### 1-15-05.)

(70 ILCS 3615/4.03.3 new) Sec. 

### 4.03.3. Distribution of Revenues. This Section( PublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 CRH 24846b applies only after the Department beg-ins administering and enforcing an increased tax under Section 4.03(m) as authorized by this amendatory Act of the 95th General Assembly. After providing for payment of its obligations with respect to bonds and notes issued under the provisions of Section 4.04 and obligat.ions related to those bonds and notes, the Authority shall disburse r.he remaining proceeds from taxes it has received from the Department of Revenue under this Article IV andr.he remainingproceeds ithas received from the St2teunder Section 4.09(a) as follows: (a) With respect to taxes imposed by the Authority under Section 4.03, afterwithholding 15% of 80% ofthe receipts from t.hose taxes collectedinCook County at a rate of 1.25%, 15% of 75% of the receipts from those taxes collected in Cook County at the rate of 1%, 1590 of one-half of the receipts from those taxes collect.ed in DuPage, Kane, Lake, McHenry, and Will Counties, and 15% of money received by the Authority from the Regional Transportation Authoritv Occupation and Use Tax Replacement Fund or from the Regional Transportation Authority tax fund created in Section 4.03(n), the Board shall al1ocate the proceeds and money remaining to the Service Boards as follows:(1) an amount equal to (i) 85% of 80% of the receipts from those taxes collectedwithin the City of Chicago at a rate of 1.25%, {ii) 85% of 75% of the receipts from those taxes collected in the City of Chicago at the rate of 1%,PublicAct 095-0708 HB0656 Re-Enrolled 

### LRB095 04786 DRH 24846b ' I
and (iii) 85% of the money received by the Authority on account of transfers to the Regional Transportation AuthorityOccupation and Use TaxReplacement Fundor to the Regional Transportation Authority tax fund created in Section 4.03(n} from the County and Mass Transit District Fund attributable to retail sales within the Clty of Chicago shall be allocated to the Chicago Transit Authority; (2) an amount equal to (i) 85% of 80% of the receipts from those taxes collected within Cook County outside of the City of Chicago at a rate of 1.25%, (ii) 85% of 75% of the receipts from those taxes collectedwithin Cook County outside the City of Chicago at a rate of 1%, and (iii) 85% ( of the money received by the Authority on account of transfers co the Regional Transportation Authority Occupation and Use Tax Replacement Fund or to the Regional Transportation Authority tax fund created in Section 4.03(n} 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 TransitAuthority, 55% to the Commuter Rail Board, and 15% to the SuburbanBus Board; and (3) an amount equal to 85% of one-half of the receipts from the taxes collected within the Counties of DuPageI Kane, Lake, McHenry, andWill shall be allocated70% to the CorrunuterRail Boardand30% to theSuburban BusBoard.PublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786DRH 24846 b (bl Moneys received by the Authority on account of transfers to the Regional Transportation Authority Occupation andUse Tax Replacement Fund fromthe State and Local Sales Tax Reform Fund shall be allocated among the Authority and the ServiceBoards as follows: 15% of suchmoneys shallbe retained by the Aur.hority 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 ServiceBoards on thebasis ofeach Service Board's distribution ratio. The term "distribution ratio" means, for purposes of this subsection (b), the ratio of the total amount distributed to a Service Board pursuant to subsection (al of Section 4.03.3 for the immediatelypreceding calendar year to the total amount distributed to all of the ServiceBoards pursuantto subsection (a) of Section 4.03.3 for the immediatelyprecedingcalendaryear. (cl(i) 20% of the receipts from those taxes collected in Cook County under Section 4.03 at the rate of 1.25%, (ii) 25% ofthe receipts from thosetaxes collected inCookCountyunder Section 4.03 at the rate of IS'o, (iii) 50% of the receipts from those taxes collected in DuPage, Kane, Lake, McHenry, and 

### Will Counties under Section 4.03, and (iv) amounts receivedfromthe State under Section 4.09 (a)(2) and items (i) (ii) and (iii) of Section 4.09 (a)(3) shall be allocated as follows: in 2008, $1001ODO,000 shall be deposited in the ADA Paratransit FundPublicAct 095-0708 HB0656Re-Enrolled LRB095 04786 DRH 24846b

described in Section 2.0ld, $20,000,000 shall be deposited in the Suburban Community Mobility Fund described in Section 2.0le, and $10,000,000 shall be deposited in the Innovation, Coordination and Enhancement Fund described in Section 2.0lc, and the balance shall be allocated 48% to the Chicago Transit Authority, 39~o to the Commuter Rail Board, and 1Yo to the Suburban Bus Board; and in 2009 and each year thereafter, the amounts deposited in the ADA ParaLransit Fund, the Suburban Community Mobility Fund and the Innovation, Coordination and Enhancement Fund respectively shall equal the amount deposited in the previous year increased or decreased

### by the percentage grm·n::h or decline in revenues received by the Authority from taxes imposed under Section 4.03 in the previous year, andthe balance shall be allocated 48% to the Chicago Transit Authority, 39% to the Commuter Rail Board and 139 0 to the SuburbanBusBoard. (d) J\...rnounts received from the State under Section 4.09 (a)(3)(iv) shall be distributed 100% to the Chicago Transit Authority. (e) With respect to those taxes collected in DuPage, Kane, Lake, McHenry, and Will Counties and paid directly to the counties under Section 4.03, the County Board of each county shall use those amounts to fund operating and capital costs of public safety andpublic transportation services or facilities

or to fund operating, capital, right-of-way, construction, and maintenance costs of other transportation purposes, including 

### (PublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b road, bridge, public safety, and transit purposes intended to improve mobility or reduce congestion in the county. The receipt of funding by such counties pursuant to this paragraph shall notbeused as the basis for reducing any funds thaL such counties would ot.herwise have received from the State of Illinois, any agency or instrumentality Lhereof, the Authority, orthe ServiceBoards. (f) The Authority by ordinance adopted by 12 of its then Directors shall apportion to the Service Boards funds provided by the State of Illinois under Section 4.09(al (1) as it shall determine and shallmakepaymentofthe amounts toeach Service Boardas soon asmaybepracticableupon their receiptprovided the Authority has adopted a balanced budget as required bv Section 4.01 and further provided the Service Board is in compliancewiththerequirements in Section 4.11. (g) Beginning January 1, 2009, before making anypayments, transfers, or expenditures under this Section to a Service Board, the Authority must first comply with Section 4.02a or 4.02bofthisAct, whichevermaybe applicable.

(70 ILCS 3615/4.04) (fromCh. 111 2/3, par. 704.04) Sec. 4.04. Issuance andPledgeofBonds andNotes. (a) TheAuthority shallhavethe continuingpowertoborrow money and toissue its negotiablebonds or notes asprovided in this Section. Unless otherwise indicated in this Section, the term "notes" also includes bond anticipation notes, which are

### PublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786DRH 24846b

notes which by 

### their terms provide for their payment from the proceeds of bonds thereafter to be issued. Bonds or notes of the Authority may be issued for any or all of the following purposes: to pay costs to the Authority or a Service Board of constructing or acquiring anypublic transportation facilities (including funds and rights relating thereto, as provided in Section 2.05 of this Act}; to repay advances to the Authority

or a Service Board made for such purposes; to pay other expenses of the Authority or a Service Board incident to or incurred in connection with such construction or acquisition; toprovide funds for anytransportation agencytopayprincipal of or interest or redemption premium on any bonds or notes, whether as such amounts become due or by earlier redemption, issued prior to the date of this amendatory Act by such transportation agency to 

### construct 

### or acquire public transportation facilities or toprovide funds to purchase such bonds or notes; and to provide funds for any transportation ugency to construct or acquire any public transportation facilities, to repay advances made for such purposes, and to pay other expenses incident to or incurred in connection with such construction or acquisition; and to provide funds for payment of obligations, including the funding of reserves, under any self-insurance plan or joint self-insurance pool or entity. In addition to any otherborrowing as maybe authorizedby this Section, the Authority may issue its notes, from time to

### PublicAct 095-0708 HB0656Re-Enrolled LRB095 04786 DRH 24846b time, in anticipation of tax receipts of the Authority or of other revenues or receipts of the Authority, in order to provide money for theAuthority or the Service Boards to cover any cash flow deficit which the Authority or a Service Board anticipates incurring. Any such notes are referred to in Lhis Section as "WorkingCashNotes". No Ililorking CashNotes shallbe issued for a term of longer than 24 ±-& 

### months. Proceeds of Working Cash Notes may be used to pay day to day operating expenses of the Authority or the Service Boards, consisting of wages, salaries and fringe benefits, professional and technical services (including legal, audit, engineering and other consulting services), office rental, furniture, fixtures and equipment, insurance premiums, claims for self-insured amounts under insurance policies, public utility obligations for telephone, light, heat and similar items, travel expenses, office supplies, postage, dues, subscriptions, public hearings and information expenses, fuel purchases, and payments of grants and payments under purchase of service agreements for operations of transportation agencies, prior to the receipt by theAuthority or a ServiceBoard fromtime to time of funds for paying such expenses. In addition to any Working Cash Notes that the Board of the Authority may determine to issue, the SuburbanBus Board, the CormnuterRail Boardorthe Boardof the Chicago Transit Authority may demand and direct that the Authority issue its Working Cash Notes in such amounts and having suchmaturities as the ServiceBoardmaydetermine.PublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b Notwithstanding any other provision of this Act, any amounts necessary to pay principal of and interest on any Working Cash Notes issued at the demand and direction of a Service Board or any Working Cash NOL.es the proceeds of which

were used for the direct benefit of a Service Board or any Ol:her Bonds or Notes of the Authorh:.y the proceeds of which

were used for the direct benefit of a Service Board shall constitute a reduction of L.he amount of any other funds providedby the Authority to Lhat Service Board. The Authority shall, after deducting any costs of issuance, tender the net proceeds of any Working Cash Notes issued at the demand and direction of a Service Board to such Service Board as soon as may be practicable after the proceeds are received. The Authority may also issue notes or bonds to pay, refund or redeem any of its notes and bonds, including to pay redemption premiums or accrued interest on such bonds or notes being renewed, paid or refunded, and other costs in connection therewith. The Authority may also utilize the proceeds of any suchbonds or notes topaythe legal, financial, administrative and other expenses of such authorization, issuance, sale or delivery of bonds or notes or to provide or increase a debt service reserve fund with respect to any or

### all of itsbonds or notes. The Authority may also issue and deliver its bonds or notes in exchange for any public transportation facilities, (including funds and rights relating thereto, as provided in Section 2.05 of this Act) or in exchange for outstanding bonds (

(( 

### PublicAct095-0708 HB0656 Re-Enrolled LRB095 04786DRH 24846b

or notes of the Authority, including any accrued interest or redemption premium thereon, without advertising or submitting suchnotesorbonds forpublicbidding. (b) The ordinance providing for 1:.he issuance of any such bonds or notes shall fix the date or dates of maturity, the dates onwhich interestispayable, any sinking fund accountor
reserve fund account provisions and all other details of such bonds ornotes andmayprovide for such covenants or agreements necessary or desirable with regard to the issue, sale and securi1:.y of suchbonds or notes. The rate or raLes of interest

on its bonds or notes may be fixed or variable and the Authority shall determine or provide for the determination of the rate or rates of interest of its bonds or notes issued under this Act in an ordinance adopted by the Authority prior to the issuance thereof, none of which rates of interest shall exceed that permitted in the BondAuthorization Act. Interest may be payable at such times as are provided for by the Board. Bonds and notes issued under this Section may be issued as serial or term obligations, shall be of such denomination or denominations and form, including interest coupons to be attached thereto, be executed in such manner, shallbe payable at such place or places and bear such date as the Authority shall fix by the ordinance authorizing such bond or note and shall mature at such time or times, within a period not to exceed forty years from the date of issue, and may be redeemable prior to maturity with or without premium, at thePublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786DRH 24846b option of theAuthority, upon such terms and conditions as the Authority shall fix by the ordinance authorizing the issuance of such bonds or notes. No bond anticipation note or any renewal Lhereof shall mature at any time or t.imes exceeding 5 years from the date of the first issuance of such note. The Authoritymayprovide for the registration ofbonds or n01:.es in the name of the owner as to the principal alone or as to both principal and interest, upon such terms and conditions as the Authority may determine. The ordinance authorizing bonds or notesmayprovide for the exchange of suchbonds ornot.eswhich

are fully registered, as to both principal and interest, with bonds ornotes which are registerable as toprincipal only. All bonds orno~es issuedunder this SectionbytheAuthorityother than those issued in exchange for property or for bonds or notes of theAuthority shallbe sold at a price whichmaybe at

a premium or discount but such that. the interest cost (excluding any redemption premium) to the Authority of the proceeds of an issue of suchbonds ornotes, computedto stated maturityaccordingto standardtables ofbondvalues, shall not exceed that permitted in the Bond Authorization Act. The Authority shall notify the Governor 1s Office of Management and Budget and the State Comptroller at least 30 days before any bond sale and shall file with the Governor's Office of Management and Budget and the State Comptroller a certified copy of any ordinance authorizing the issuance of bonds at or before the issuance of the bonds. After December 31, 1994, any (( 

### PublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b


### such bonds or notes shall be sold to the highest and best bidder on sealed bids as the Authority shall deem. As such bonds ornoLes are tobe soldtheAuthority shall advertise for proposals to purchase the bonds or notes which advertisement shall be published at least once in a daily newspaper of general circulation published in the metropolitan region at least 10 days before the time set for the submission of bids. The Authority shall have the right to reject any or 

### all bids. Notwithstanding any other provisions of this Section, Working Cash Notes or bonds or notes to provide funds for self-insurance or a joint self-insurancepool or entitymay be sold either upon competitive bidding or by negotiated sale (wiLhout any requirement of publication of intention to negotiate the sale of suchNotes), as the Board shall determine byordinance adoptedwith the affirmativevotes of at least 9=!- 

### Directors. In case any officer whose signature appears on any bonds, notes or coupons authorized pursuant to this Section shall cease tobe suchofficerbefore deliveryof suchbonds or notes, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until such delivery. Neither the Directors of the Authority nor any person executing any bonds or notes thereof shall be liable personally on any such bonds or notes

orcouponsby reasonofthe issuancethereof. (c) All bonds or notes of the Authority issued pursuant to this Section shall be general obligations of the Authority toPublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b

which shall be pledged the full faith and credit of the Authority, as provided in this Section. Such bonds or notes shall be secured as provided in the authorizing ordinance, which may, notwithstanding any other provision of this Act, include in additionto any other security, a specificpledge or assignment of and lien on or security interest in any or all tax receipts of the Authority and on any or all other revenues
or moneys of the Authority from whatever source, which may by lawbeutilized for debt servicepurposes anda specificpledge

or assignment of and lien on or security interest in any funds

or accounts establishedorprovidedforbythe ordinance ofthe Authority authorizing the issuance of suchbonds or notes. Any such pledge, assignment, lien or security interest for the benefit of holders of bonds or notes of the Authority shall be valid and binding from the time the bonds or notes are issued without anyphysical deliveryor further act and shallbevalid and binding as againsL and prior LO the claims of all other parties having claims of any kind against the Authority or any other person irrespective of whether such other parties have notice of such pledge, assignment, lien or security interest. The obligations of the Authority incurred pursuant to this Section shall be superior to and have priority over any other obligations oftheAuthority. The Authoritymayprovide in the ordinance authorizing the issuance of anybonds or notes issued pursuant to this Section for the creation of, deposits in, and regulation and I

(



### I( 

### PublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b 

### disposition of sinking fund or reserve accounts relating to suchbonds or notes. The ordinance authorizing the issuance of any bonds or notes pursuant to this Section may contain provisions as part of the contract with the holders of the bonds or notes, for ~he creation of a separate fund to provide for the payment of principal and interest on such bonds or notes and for the deposit in such fund from any or all the tax receipts of theAuthorityand from any orall such othermoneys
or revenues of the Authority fromwhatever source which may by law be utilized for debt service purposes, such ordinance, of 

### amounts to meet all as provided in the debt service requirements on such bonds or notes, interest, and any sinking fund orincluding principal and

reserve fund account requirements as may be provided by such ordinance, and all expenses incident to or in connection with such fund and accounts or the payment of suchbonds or notes. Such ordinance may also provide limitations on the issuance of additional bonds or no~es of the Authority. No such bonds or notes of the Authority shall constitute a debt of the State of Illinois. Nothing in this Act shallbe construed to enable the Authority to impose anyadvaloremtaxonproperty. {d) Theordinance oftheAuthorityauthorizingthe issuance of anybonds or notes may provide additional security for such bonds or notes by providing for appointment of a corporate trustee (which may be any trust company or bank having the powers of a trust company within the state) with respect toPublicAct 095-0708 HB0656Re-Enrolled 

### LRB095 04786DRH 24846b

suchbonds or notes. The ordinance shall prescribe the rights, duties and powers of the trustee to be exercised for the benefit of the Authority and the protection of the holders of such bonds or notes. The ordinance mayprovide for the trustee to hold in trust, invest anduse amounts in funds and accounts created as providedby the ordinance with respect to the bonds

or notes. The ordinance may provide for the assignmern:. and direct payment to the trustee of any or all amounts produced from the sources provided in Section 4.03 and Section 4.09 of this Act and provided in Section 6z-17 of "An .J:\.ct in relation to SL.ate finance", approved June 10, 1919, as amended. Upon receipt of notice of any such assignment, the Department of Revenue and the Comptroller of the State of Illinois shall thereafter, notwithstanding the provisions of Section 4.03 and Section 4.09 of this Act and Section 6z-17 of "An Act in relationto State finance", approvedJune 10, 1919, as amended, provide for such assigned amounts to be paid directly to the trustee instead of the Authority, all in accordance with the terms of the ordinance making the assignment. The ordinance shallprovide that amounts sopaidto the trusteewhich are not required to be deposited, held or invested in funds and accounts created by the ordinance with respect to bonds or notes or used for paying bonds or notes to be paid by the trusteeto theAuthority. {e) Anybonds or notes of the Authority issuedpursuant to this Section shall constitute a contract between the Authority (PublicAct 095-0708 HB0656Re-Enrolled LRB095 04786 DRH 24846b

and the holders from time to time of such bonds or notes. In issuing any bond or note, the Authority may include in the ordinance authorizing such issue a covenant as part of the contract with the holders of the bonds or notes, that as long

as such obligations are outstanding, it shall make such deposits, as provided in paragraph (c) of ~his Section. It may also so covenant that it shall impose and continue to impose ~axes, as providedin Section 4.03 of this Act and in addition thereto as subsequently authorized by law, sufficient to make such deposits and pay the principal and interest and to meet other debt service requirements of suchbonds or notes as they become due. A certified copy of the ordinance authorizing the issuance of any such obligations shall be filed at or prior to the issuance of such obligations with the Comptroller of the Stateof Illinoisandthe Illinois DepartmentofRevenue. (f) The State of Illinois pledges to and agrees with the holders of thebonds and notes of theAuthorityissuedpursuant to this Section that the State will not limit or alter the rights andpowers vested in the Authorityby this Act so as to impair the terms of any contract made by the Authority with such holders or in any way impair the rights and remedies of suchholders until suchbonds andnotes, togetherwith interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceedings by or on behalf of suchholders, are fullymet and discharged. In addition, the State pledges to and agrees withPublicAct 095-0708 HB0656Re-Enrolled 

### LRB095 04786 CRH 24846b

the holders of the bonds and notes of the Authority issued pursuant to this Section that the Statewill not limit or alter t.he basis on which St.ate funds are to be paid to the Authority

as provided in this Act, or the use of such funds, so as to impair the terms of any such contract. The Authority is authorizedto include thesepledges and agreements ofthe State in any contract with the holders of bonds or notes issued pursuant to this Section. (g) (1) Except. as provided in subdivisions (g) (2) and (g) (3) of Section 4.04 of this Act, theAuthority shall not at any time issue, sell or deliver any bonds or notes (other than Working Cash Notes) pursuant to this Section 4.04 which will cause it to have issued and outstanding at any time in excess of $800,000,000 of such bonds and notes (other thanWorking CashNotes). TheAuthority shall not at any time issue, sell, or deliver any Working Cash Notes pursuant to th-is Section that will cause it to have issued and outstandina at any time in excess of $100,000, 000. Notwithstanding "Che foregoing, before July 1 1 2009, the Authority may issue, sellr and deliver an additional $300,000,000 inWorking Cash Notes, provided that any such additional notes shall mature on 

### or before June 30 2011. The Autho•·"ty shall not at any tiffte issue, sel1 er delh·er any Werkir.g Cash ~Jct.cs pursuant. to th:.s Sec:...ion v;hich ·,.ill

cause i_t to J:wvc issued afl:d outotand"ng at any time in 

### e2wess of $100,COO,900 of Workir.g Cash Hstcs. Bonds or (

(( PublicAct 095-0708 HB0656 Re-Enrolled 

### LRB095 04786 DRH 24846b

notes which are being paid or retired by such issuance, sale or delivery of bonds or notes, and bonds or notes for which sufficient funds have been deposited with the paying agency of such bonds or notes to provide for payment of principal and interest thereon or to provide for the redemption thereof, all pursuant to the ordinance authorizing the issuance of such bonds or notes, shall not be considered to be outstanding for the purposes of the first two sentences ofthis subsection. (2) In addition to the authorityprovidedbyparagraphs (1) and (3), theAuthority is authorizedto issue~ sell and deliver bonds or notes for Strategic Capital Improvement Projects approvedpursuant to Section 4.13 as follows: $100,000,000 is authorized to be issued on or after January 1, 1990;

an additional $100,000,000 is authorized to be issued

on orafterJanuary 1, 1991;

an additional $100,000,000 is authorized to be issued

on or after January 1, 1992;

an additional $100,000,000 is authorized to be issued

on or after January 1, 1993;

an additional $100,000,000 is authorized to be issued

on orafterJanuary 1, 1994; and the aggregate total authorization of bonds and notes for StrategicCapital Improvement Projects as ofJanuary 1, 1994, shallbe $500,000,000.PublicACL 095-0708 HB0656 Re-Enrolled 

### LRB095 04786DRH 24846b

The Authority is also authorized to issue, sell, and deliverbonds or notes in such amounts as are necessary to provide for the refunding or advance refunding ofbonds or notes issued for Strategic Capital Improvement Projects under this subdivision (g) (2), provided that no such refunding bond or note shall mature later than the final maturity date of the series of bonds or notes being refunded, and provided further that the debL service requirements for such refunding bonds or notes in the current or any future fiscal year shallnot exceedthe debt service requirements for that year on Lhe refundedbonds or notes. (3) In addition to the authorityprovidedbyparagraphs (1) and (2), the Authority is authorized to issue, sell, and deliver bonds or notes for Strategic Capital Improvement Projects approved pursuant to Section 4.13 as follows: $260,000,000 is authorized to be issued on or after January 1, 2000;

an additional $260,000,000 is authorized co be issued

onorafterJanuary 1, 2001;

an additional $260,000,000 is authorized to be issued

on orafterJanuary 1, 2002;

an additional $260,000,000 is authorized to be issued

on orafterJanuary 1, 2003;

an additional $260,000,000 is authorized to be issued 

## ' 

## '

(( PublicAct 095-0708 HB0656 Re-Enrolled

on or afterJanuary 1, 2004; and LRB095 04786 DRH 24846 b

the aggregaLe total authorization of bonds and notes for Strategic Capital ImprovemenL Projects pursuant to this paragraph $1,300,000,000. I3) as of January 1, 2004 shall be

The Aur.hority is also authorized to issue, sell, and deliver bonds or notes in such amounts as are necessary to provide for the refunding or advance refunding of bonds or notes issued for Strategic Capital Improvement projects under this subdivision (g)(3), provided that no such refunding bond or note shall mature later than the final maturity date of the series of bonds or notes being refunded, and provided further that the debt service requirements for such refunding bonds or notes 

### in the current or any future fiscal year shall not exceedthe debt service requirements for that year on the refundedbonds or notes. (h) The Authority, subject to the terms of any agreements wi-ch noteholders or bondholders as may then exist, shall have power, out of any funds available therefor, to purchase notes

orbonds oftheAuthority, which shall thereuponbe cancelled. {i) In addition to any other authority granted by law, the State Treasurer may, with the approval of the Governor, invest

or reinvest, at a price not to exceed par, any State money in the StateTreasurywhich isnot needed for current expenditures due or about tobecome due inWorkingCashNotes.PublicAct 095-0708 HB0656 Re-Enrolled 

### LRB095 04786 DRH 24846b (Source: P.A. 94-793, eff. 5-19-06.J

(70 ILCS 3615/4.09) (fromCh. 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) (a) As .:.,Oon as poss'ble after :he f'rst day o: cc.ch 

### rr.or.::.t, b.::g.::.r.nir.g Hcvcmber ::., 1983, the Comptroller shal.l :;..;::-dcr :rar.sfcrrcd ar.d :;,.c Treasurer shall transfer -""roffi "the Ge:1eral

RCJCP.UC :'und :::. speci:::.:'.. fund .::.n the s:a:e ':'rcas:.:ry, -ts be l::10.,r. as :he "Pc.b1ic Trar.spcrtat.::.cn FuPtd" $9,375,GOG for each Ff.or.th 

### ··c...ainii.g in State fiscal year 198q. As soon as possible after Lhe first day of eachmonth, beginning July 1, 1984, upon ( certification of the Department of Revenue, the Comptroller shall order Lransferred and the Treasurer shall transfer from the General Revenue Fund to a special fund in the State Treasurv to be known as the Public Transportation Fund an amount equal to 25t 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 amoun1:.s 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 

### 62-20 of the State Finance Act and 25% of the amounts deposited intothe( PublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b Regional Transportation Authority Occupation and Use Tax Replacement Fund from the Stateand 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 increasedtaxesunder Section 4.03(m) as authorizedbvthis amendatoryAct of the 95thGeneralAssembly, in lieu of the transfers authorized in the preceding sentence, upon certificaLion 

### 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 imposedby the Authority at

a rate of 1.259 6in Cook County, (ii) 7596 of theproceeds of any tax imposedby 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 therate of 0.75% inthe Counties of DuPage, Kane, Lake, McHenry, andWill, 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 DistrictFund asprovidedin Section 6z-20 ofthe State FinanceAct, and 25% ofthe amounts depositedinto the RegionalPublicAct 095-0708 HB0656 Re-Enrolled 

### LRB095 04786DRH 24846b Transportation Authority Occupation and Use Tax Replacement Fundfrom the State andLocal Sales Tax ReformFund as provided in Section 6z-17 of the State Finance Act. As used in this

0 S~e~c~t=i0 o~n~~n~e=t**~** revenue realized for a month shall be the

revenue collec-r.ed by the Sc.ate pursuant to Sections 4.03 and 4.03.l during the previous month from within the metropolitan region, less the amount paid out during that same month as refunds to -r.axpayers for overpayment of liability in the metropolitan regionunder Sections 4.03 and4.03.1. (2) On the first day of the month following the effective date of this amendatory Act of the 95th General Assewbly and eachmonth thereafter, upon certificationby the Departmen-r. 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 pursuan-r. 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 Authorityand5% ofthe revenue realized

### bythe ChicagoTransit Authorityas financial assistance from the CityofChicago from the proceeds of any tax imposed by the City of Chicago under Section 8-3-19 ofthe IllinoisMunicipal Code. (3) As soon as possible after the first day of January,( 

### PublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b

2009 and each mom:.h thereaft.er, upon certification o-f the 

### Department of Revenue with respect 

### to thetaxes collectedunder Section 4.03 1 the Compr.roller shall order transferred and the Treasurer shall t.ransfer 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 Occupat.ion Tax 

### Act and Section 3 of the Retailers' Occupation Tax Act realizedfrom {i) 20% oftheproceeds ofanytax imposedby

### the Authority at a rate of 1.25% in Cook Countv, (ii) 25~o of i:.he proceeds of any tax imposed by the Authority at the rate of 1% in Cook County, and (iii) one-third of the proceeds of anv 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 Cityof Chicago from the proceeds of any tax imposed by the City of Chicago under Section 8-3-19 of the IllinoisMunicipal Code. (bl (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. The Pursuant to appropriation, the Comptroller, as soon as possiblePublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b

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 Fundthe amount so transferredor deposited. Any Additional St.ate Assistance and Additional Financial Assistance paid to the Authoritv under this Section shall be expendedby 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 St:ch affiounts pc.id :=.e ::he Autl':eri-::.yff'.ay be c~pendedb:i,· it for its purposes as provided in -::.h"s A:::t. Subjcc'.:. -::o app:::cp-c::.ation ::.c the Gepar-::men-::. of Re·c·er.ue, '.:.he 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 t.he 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 Authoritymaybe expendedby it for itspurposes as providedin 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 (PublicAct 095-0708 HB0656Re-Enrolled LRB095 04786 DRH 24846b

directedLo make distributions as providedin this Section. (2) Provided, however, no moneys deposited under subs.ection (a) of this Section shall be paid from the Public Transportation Fund to the Authority or iLs assignee for any fiscal yearbcg'nning after the c.:=""'ccti-;c d::.::.e of this ,:.mcr.datory l'ret

## o: ~983 um:.il the Authority has certified to the Governor, the CompLroller, and the Mayor of the City of Chicago that it has adopted for that fiscal year anAnnual Budget and Two-Year Financial Plan ubudge:... and :'inancial plan meeting the requirements in Section 

### 4.01lb). (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 Authorityfrom the General Revenue Fundunder subsection (a) of this Section. Additional State Assistance shall be calculated

as providedin subsection (d), but shall in no event exceedthe following specifiedamounts withrespect 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;PublicAct 095-0708 HB0656 Re-Enrolled

1997 1998 each year thereafter LRB095 04786 DRH 24846 b $50,000,000; $55,000,000; and $55,000,000. (c-5) 

### The State shall provide financial 

### assis-cance ("Additional Financial Assistance") 

### in addition co the Additional State Assistance provided by subsection (c) and -che amounts transferred to the Authority from the General Revenue Fundunder 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 specifiedamountswithrespect 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 eachyear thereafter $100,000,000. (d) Beginning with State fiscal year 1990 and continuing for each Stace fiscal year thereafter, the Authority shall annually certify to the State Comptroller and Scace 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 ((

( PublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b 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 thisAct. (2) An estimate of the amount necessary and requiredto pay its obligations for debt service for anybonds 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) Itsdebtservice savings duringthepreceding State fiscal year from refunding or advance refunding ofbonds 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 issuedpursuant to subdivisions (g) (2) and (g) (3) of Section 4.04, other than refunding or advance refundingbonds or notes. The certification shall include a specific schedule ofdebt servicepayments, including the date and amount of eachpayment for all outsLandingbonds 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 estimateddate andestimatedamount ofeachpayment. 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 toPublicAct. 095-0708 HB0656 Re-Enrolled LRB095 04786DRH 24846b

item (2) above, to specify the actual schedule of debt service payments, including the date and amount of each payment, for theremainderofthe State fiscal year. On the first day of eachmonth of the State fiscal year in which there are bonds outscanding with respect to which 1::he certification is made, the Stat.e Comptroller shall order transferred and the State Treasurer shall t.ransfer from 1::he General Revenue Fund Additional State to the Public Assistance and Transportation Additional Fund the Financial 

### Assistance in an amount equal to the aggregate of 

### (ii one-twelfthofthe sumof the amounts certifiedunder items (1) and (3) above less the amoun~ 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 ofmonths remaining inthe 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 forpriormonths, until an amount equal to the sum of the amounts certified under items (1) and (3) above, plus t.he 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 {I



### (



### I PublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786DRH 24846b by the Aut.horiLy under subdivision {g) (2) of Section 4.04 

### exceedthe lesseroft.he annualmaximumamount specifiedin 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 t.he total transfers in any State fiscal year relat.ing to outstandingbonds and notes issued by the Authority under subdivision (g) (3) of Section 4.04 

### exceedthe lesserof the annualmaximum amount specifiedin subsection (c-5) or the sum of the amounts certifiedunder 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 "outs1:.anding" does not include bonds or notes for which refunding or advance refunding bonds or notes have been issued. (el 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 Auchority. The Authority may not assign its right to receive Additional Sta-c.e Assistance or Additional Additional Financial Assistance, State Assistance 

### or or direct payment of Additional FinancialPublicAct 095-0708 HB0656Re-Enrolled LRB095 04786DRH 24846b Assist.ance, to a trustee orany other entity for thepayment of debt. serviceonitsbonds. (f) The certification required under subsection (d) wit.h respect to outstanding bonds and notes oft.he Authority shall be filed as early as practicable before the beginning of the State fiscal year to which it relates. The cercification shall be revised as may be necessary to accurately state the debt servicerequirements oftheAuthority. {g) Within 6 months ofthe end of "':.he 3 fftOff'.:°:: per_i_odending Ecccmber 31, 1983, and each fiscal year "':.he.:'.'c:::..ftcr, the Authority shall determine: (i) whether the aggregate of all system generated

revenues for public transportation in the metropolitan region which is providedby, 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 bv 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 ((



### ( PublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b



### 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 AuthorityAct. "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

case as to which it is reasonably expected that a cash expenditure will not be made; costs up to $5,000,GOO aI'l:nua::.ly 

### 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

### PublicAct 095-0708 HB0656 Re-Enrolled 

### LRB095 04786 DRH 24846b Authority Act; the cos:cs of Debt Service paid by the Chicago TransitAu:chority, as definedin Section 12c ofthe Metropolitan Transit Authoritv 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.Ole 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; or in fiscal years 2008 through 2012 inclusive, costs in the amount of $200,0001

### 000 in fiscal year 20081 

### reducing by $40,000,000 in each fiscal year thereafter until this exemption is eliminated. If said systemgenerated revenues
are less than 50% of said costs, the Board shall remit an amount equal totheamount ofthe deficit to the State. The Treasurer shall deposit any such payment in the General RevenueFund; 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 (( PublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b paratransit services revenue recovery ratio percentage of the aggregate of all costs paratransit services. of providing such ADA

(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 bywhich that Service Board failed to meet its required system generated revenues recovery ratio. A ServiceBoardwhich 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 crh:eria specified in clauses (i) through (vi) of Section 4.11(b)(2). The Board shall review and act on the revised budget asprovidedin Section 4.11(b) (3) (Source: P.A. 94-370, eff. 7-29-05.)

(70 ILCS 3615/4.11) (fromCh. 111 2/3, par. 704.11) Sec. 4.11. BudgetReview Powers. (a) Thepro-:isions e- this Sec-::.ion shall onlybe app:!.icab:!.e to financial peri_ods beginning aft:::.r December 31, 1983. '.::'he Transitio:1 Board shall adept a timetable governing the certification of cs-::.imatcs and any submissions required under this Section for fiscal year 1984 •,;hich sha1l control over the pro·dsions of this Act. Based upon estimates which shall be given to theAuthoritybythe Director of the Governor's OfficePublicAct 095-0708 HB0656Re-Enrolled LRB095 04786DRH 24846b

ofManagemem:. andBudget (formerlyBureau of theBudget) ofthe receipts tobe receivedbytheAuthority fromthe taxes imposed by the Authority and the authorized estimates of amounts to be available from State and other sources to the Service Boards, and the times at which such receipts and amounts will be available, the Board shall, not later than the next preceding September 15th prior to the beginning of the Authority's next fiscal year, advise each ServiceBoardof the amounts estimated bytheBoardtobe available for such ServiceBoardduring such fiscal year andthe two following fiscal years and the times at which such amounts will be available. The Board shall, at the

same time, also advise each Service Board of its required system generated revenues recovery ratio for the next fiscal year which shall be the percentage of the aggregate costs of providing public transportation by or under jurisdiction of that Service Board which must be recovered from system generated revenues. The Board shall, at the same time, beginning with the 2007 fiscal year, also advise each Service Board that provides ADA paratransit services of its required system generated ADA paratransit services revenue recovery ratio for thenext fiscal year which shallbe thepercentage of the aggregate costs ofprovidingADAparatransit services

### by or under jurisdiction of that Service Board which must be recovered from fares charged for such services, except 1:.hat such required system generated ADA paratransit services

revenue recovery ratio shall not exceed the minimumpercentagePublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b

established pursuant to Section 4.0l(b)(ii) of this Act. In determining a Service Board's system generated revenue recovery ratio, the Board shall consider the historical system generated revenues recovery ratio for the services subject to the jurisdiccion of that. Service Board. The Board shall not increase a Service Board's system generated revenues recovery ratio for the next fiscal year over such ratio for the current fiscal year disproportionately or prejudicially to increases in such ratios for other ordinance, provide that Service Boards. (ii the cost The Board may, by of research and development projects in the fiscal year beginning January 1, 1986 andendingDecember 31, 1986 conductedpursuant to Section 2.09 of this Act, a?.-Et (ii) up to $§,G~0,080 ar.n"Ca1ly of the costs for passenger security, and (iii) expenditures of amounts granted to a Service Board from the Innovation, Coordination, and Enhancement Fund for operating purposes may be exempted from the farebox recovery ratio or the system generated

revenues recovery ratio of the Chicago Transit Authority, the Suburban Bus Board, and the Commuter Rail Board, or any of them. During fiscal years 2008 through 2012, theBoardmayalso allocate the exemption of $2001000,000 andthe reducing amoun~s of costs provided by this amendatory Act of the 95th General Assembly from the farebox recovery ratio or system generated

revenues recovery ratio of each Service Board. For the f"scal year beginning January 1, 1986 and ending Deeefflber 31, !986, and for the fiscal y::ar bcginfling January 1,**~**987 af'.d eflding

### PublicAct 095-0708 HB0656Re-Enrolled 

### LRB095 04786 DRH 24846b

December 31

, -1.981, the Board shall, by ord~nance, pa-o7idc :.J",a"'.:.:

:.._;-,e Gepa·etFFtcr.t

# ;:,= ~ranspcrta-:::.ion ..=-er the 

### cost of s.:.a·v7ce:::s for -:::.t.2 FF.obili_ty l 'mi,__edprovidedby the Chicago Trar.s't Authc:d-::.y, and (2) the amount of a grant, 

### pursuaAt to Scc-:::.ion 2705 310 of the 

### Department of Transpo:rtatior. La·.c (20 ILCS 2'795/~705 31:::'), f··offi the Department e:: Tranopcrtaticn for the cost of services fO::'.' trw mobiliEj' liw.ited by the Suburban E::s E;:ard or the Ccmmu-:::.2.r 

### Rail Beard, be ezerr.p-:::. -rem :_he farebox recovery 

### ratio

erthe syste.T.ger.cratcd re,cr.ues rcccv·eryrat.:.o. 

### (b) (1) Not. later than the next precedingNovember 15 prior to the commencement of such fiscal year, each Service Board shall submit to the Authority its proposed budget for such fiscal year and its proposed financial plan for the two following fiscal years. Such budget and financial plan shall (i} 

### be prepared in the format, follow the financial and budqetary practices, and be based on any assumptions and projections required by the Authority and (ii} not project or
assume a receipt of revenues from the Authority in amounts greater than those set forth in the estimates provided by the Authoritypursuantto subsection (a) ofthis Section. (2) TheBoard shallreviewtheproposedbudgetand two-year financial plan submittedbyeachServiceBoard, and shall adept



### a conscl'dated 

### budget and financial plan. 

### The Board shall approve the budget and two-year financial plan of a ServicePublicAct 095-0708 HB0656Re-Enrolled

Boardif: LRB095 04786 DRH 24846b

I') the Beardhas appre·.edch2 proposedbudget aed eaoh f 1ow plan fc::::: s1..:ch f_:_scal year o::" cash Serl"cc Board, p·arouoF.c ts the send'cicns sec forth in 

### eco~oeo Ii'I through (vii) oft'.",isparag::-e.ph; 

### ill+i-4+ such budget and plan show 

### a balance between (A) anticipated revenues from all sources including operating subsidies and (B) the costs of providing the services specifiedandof funding anyoperaLing deficits or encumbrances incurred in prior periods, including provision forpaymentwhen due ofprincipal and intereston outstandingindebtedness; JjjJ_ (ii..'._) such budget and plan show cash balances including the proceeds of any anticipated cash flow borrowing sufficient to pay with reasonable promptness all costs andexpenses as incurred; (iii)**~** suchbudget and planprovide for a level of fares or charges and operating or administrative costs for the public transportation provided by or subject to the jurisdiction of such Service Board sufficient to allow the ServiceBoard

### tomeet its required systemgeneraLedrevenue recovery ratio and, beginning with the 2007 fiscal year, system generatedADA paratransit services revenue recovery ratio; (iv) -t,,-+- suchbudget andplan arebasedupon and employ assumptions and projections which are reasonable andPublicAcL 095-0708 HB0656 Re-Enrolled prudent; LRB095 04786 DRH 24846b



### M**~** such budget and plan have been prepared in accordance with sound financial practices as determined by theBoard; rn'TEt such budget and plan meet such other financial, budgetary, or fiscal requirements that the Boardmaybyrule orregulation establish; and~ (vii) such budget and plan are consistent with the goals and objectives adooLed by the Authoritv in the StrateqicPlan. (3) (Blank} 

### :n deEermir..::.r.g ·,;h2-'.:.he~ -:hebc.dgc-'.:. and f"nanc"al plan p:evid2 a 1c:cl c:: ::"arcs er dwrg::s su-"':'.:ic.::.cnt to a'10-.1 a Scn,ice Soard to m::e-:. its rcqu.::.red sys-:cff', gencra-'.:.cd r::vcnue recoveryra-:io and, beg.::.r.r.ir.gw.::.th -:he 2007 -"'isca::. year, sys-:em genera~ed .7'.DA parat:::ansi**~** ser-;iees re-ceuue rcco·ocry ratio ·,rnder clause (i·:) ir. s;.;:bparagraph (2), the Boa::d shal' alle·.; a Service Beard cs e::..rry e·,-cr ca::h frol'f, -"'a:;:"cbo:: rea.·cr.ues ts s;.;:bsequcnt fiscal year..,. (4) Unless the Board by an affirmative vote of 11_**~** of the then Directors determines that the budget and financial plan of

a Service Board mee1:s the criteria specified in clauses 

### ill**~** through (vii) of subparagraph (2) of this paragraph (b), the Board shallwithhold from not release to that ServiceBoard 259 0 of ar.y funds for the periods co·vcred by such budget and financial plar. e::cept fer the cashproceeds of taxes imposedby the Authority under Section 4.03 and Section 4.03.1 and( PublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b

received afterFebruary 1 and25% of the amounts transferred to theAuthority from the Public TransportationFundunder Section 4.09(al (but not including Section 4.09(a)(3) (iv)) after February 1 that the Boardhas estimatedto be available to that Service Board under Section 4.11(a). Such funding shall be released to the Service Board only upon approval of a budget and financial plan under this Section or adoption of a budget and financial plan on behalf of the Service Board by the Authority -"-hich arc allocated te the Scrvi:::e Board under

r _,__. ~ecc::.cn q.01. (5) If the Board has not found ~hat the budget and financial plan of a Service Boardmeets the criteria specified in clauses (i) through (vii) of subparagraph (2) of this paragraph (b), the Board, by the affirmative vote of at least 12 of its then Directors shall shall, five wcr~cing days after -::.he s-::.arc of -::.3c S::rv_:_ee Board1s f.:.sea2- year adopt a budget and financial planmeeting such criteria for that ServiceBoard. (c)(1) If the Board shall at any time have received a revised estimate, or revises any estimate the Board has made, pursuant to this Section of the receipts tobe collectedby the Authority which, in the judgment of the Board, requires a change in the estimates on which the budget of any Service Board is based, the Board shall advise the affected Service Board of such revised estimates, and such Service Board shall within 30 days after receipt of such advice submit a revised budget incorporating such revised estimates. If the revisedPublicAct 095~0708 HB0656Re-Enrolled LRB095 04786 DRH 24846b

estimat.es require, in the judgment of the Board, that the systemgeneratedrevenues recoveryratio ofone ormore Service Boards be revised in order to allow the Authority to meet. its required ratio, the Board shall advise any such Service Board of its revised ratio and such Service Board shall within 30 days after receipt of such advice submit a revised budget incorporating suchrevisedestimates orratio. (2) Each Service Board shall, within suchperiod after the end of each fiscal quarter as shall be specifiedby the Board, report to the Authority its financial condition and results of operat.ions and the financial condition and results 

### of operations ofthepublictransportation services subjecttoits jurisdiction, as at the end of and for such quarter. If in the judgment of the Board such condition and results are not substantially in accordance with such Service Boardts budget for such period, the Board shall so advise such Service Board and such ServiceBoard shallwithintheperiod specifiedbythe Board submit a revisedbudgetincorporating such results. (3) If the Board shall determine that a revised budget submitted by a Service Board pursuant to subparagraph (1) or (2) of this paragraph (c) does not meet the criteria specified 

### in clauses JjJ_**~** 

### through (vii) of subparagraph (2) of paragraph (b} of this Section, the Board shall withhold from not release a::-.y fftGfl.:;_es to that Service Board 25% of eHccpt the cash proceeds of taxes imposed by the Authority under Section 4.03 or 4.03.1 and received by the Authority after February 1PublicAct 095-0708 HB0656 Re-Enrolled 

### LRB095 04786DRH 24846b

and 25~o of the amounts transferred to the Authority from the Public Transportation Fund under Section 4.09(a) (but not includinq Section 4.09{a)(3) (iv)) after Februarv 1 that the Boardhas est-imatedtobe availablewhich arc a:!.lccated to that -::he Service Board under Section 4.11(a) 4-:-8-±-. If the Service Board submits a revised financial plan and budget ·"',hich plan and budget shows that the criteria will be met within a four quarter period, withheld funds the Board shall c.:::ntir.ue to release any such to the Service Board. The Board by the affirmative vote of at least 12 a 9 "·c-::.e of its then Directors may require a Service Board to submit a revised financial plan andbudget which shows that the criteria will be met in a time periodless than four quarters. (d) All budgets and financial plans, financial sta~ements, audits and other information presented to the Authority pursuant to this Section or which may be requiredbythe Board topermit it to monitor compliance with the provisions of this Section shall be prepared and presented in such manner and frequency and in such detail as shall have been prescribed by the Board, shall be prepared on both an accrual and cash flow basis as specifiedbytheBoard, shallpresent suchinformation

as the Authority shall prescribe that fairly presents the condition of any pensionplan ortrust for healthcarebenefits with respect to retirees established by the Service Board and describes the plans of the Service Board to meet the requirements of Sections 4.02a and 4.02b, and shall identifyPublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786DRH 24846b

and describe the assumptions and projections employed in the preparation thereof to the extent requiredbythe Board. Ifthe Executive Director certifies that a Service Board has not presented its budget and two-year financial olan in conformity with the rules adoptedbvtheAuthorityunder theprovisions of Section 4.01(f) andLhis subsection (d) 1 and such certification is acceptedby the affirmative vote of a~ least 12 of the then Directors of the AuLhority, theAuthoritv shall not distribute to that Service Board any funds for operating purposes in

excess of the amounts distributed for such purposes to the Service Board in the previous fiscal year. ExcepT. when the Board adopts a budget and a financial plan for a Service Board under paragraph (b)(5), a Service Board shall provide for such levels oftransportation services and fares orcharges therefor

as it deems appropriate and necessary in the preparation of a budget and financial plan meeting the criteria set forth in clauses

## J..il.-H:4+ through (vii) of subparagraph (2) ofparagraph (b) of this Section. The Authority Board shall have access to andthe righttoexamine and copy all books, documents, papers, records, or other source data of a Service Board relevant to anyinformation submittedpursuantto this Section. (e) Whenever this Section requires the Board to make determinations with respect to estimates, budgets or financial plans, or rules or regulations with respect thereto such determinations shall be made upon the affirmative vote of at least 12**~** of the then Directors and shall be incorporatedin a (PublicAct 095-0708 HB0656Re-Enrolled LRB095 04786 DRH 24846b

written report of the Board and such report shall be submitted within 10 days afLer such determinations are made to the Governor, the Mayor of Chicago (if such der.erminations relate to the Chicago Transit Authority) 1 and r.he Auditor General of Illinois. (Source: P.A. 94-370, eff. 7-29-05.)

(70 ILCS 3615/4.13) (fromCh. 111 2/3, par. 704.13) Sec. 4.13. Annual Capital Improvement Plan. (a) With respect to each calendar year, theAuthority shall prepare as part of its Five Year Program an Annual Capital Improvement Plan (the "Plan") which shalldescribe its intended development and implementation of the Strategic Capital Improvement Program. The Plan shall include Lhe following information: (i) a list of projects for which approval is sought from the Governor, with a description of each project stating at a minimum the project cost, its category, its location and the entity responsible for its implementation; (ii) a certification by the Authority that the Aur.hority and the Service Boards have applied for all grants, loans and other moneys made available by the federal government or the State of Illinois during the preceding federal and State fiscal years for financing its capitaldevelopment activities;PublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786DRH 24846b (iii) a certification that, as of September 30 of the preceding calendar year or any later date, the balance of all federal capital grant funds and all other funds to be used as matching funds therefor which were committed t.o or possessedbytheAuthorityora ServiceBoardbutwhichhad notbeen obligatedwas less than $350,000,000, ora greater amount as authorized in writing by the Governor (for purposes of this subsection (a)' "obligated" means committed to be paid by the Authority or a Service Board under a contract with a nongovernmental entity in connection with the performance of a project. or coITLmitted under a force account plan approved by the federal government); (iv) a certification that the Authority has adopted a balanced budget with respect to such calendar year under Section4.01 ofthisAct; (v) a schedule of all bonds or notes previously issued for Strategic Capital Improvement Projects and all debt service payments to be made with respect to all suchbonds and the estimated additional debt service payments through June 30 of the following calendar year expected to result frombonds tobe soldpriorthereto; (vi) a long-range summary of the Strategic Capital Improvement Program describing the projects to be funded throughtheProgramwithrespect toproject cost, category, location, and implementing entity, and presenting a 

### (( 

### PublicAct 095-0708 HB0656Re-Enrolled 

### LRB095 04786DRH 24846b

financial plan including an estimated Lime schedule for obligating funds for the performance of approvedprojects, issuing bonds, expending bond proceeds and paying debt service throughoutthedurationof theProgram; and (vii) the source of funding for each project in the Plan. For any project for which full funding has not yeL. been secured and which is not subject to a federal full funding contract, the Authoritymust identify alternative, dedicated funding sources available to complete the project. The Governor may waive this requirement on a projecLbyprojectbasis. (b) TheAuthority shall submitthe Planwithrespect to any calendar year to the Governor on or before January 15 of that year, or as soon as possible thereafter; provided, however, that thePlan shallbe adoptedonthe affirmativevotes of

## 11.**~** 

### of the then Directors. The Plan may be revised or amended at any time, but any revision in the projects approved shall require the Governor's approval. (c) The Authority shall seek approval from the Governor only through the Plan or an amendment thereto. The AuthoriLy shall not request approval of the Plan from theGovernor in any calendar year in which it is unable to make the certifications requiredunder items (ii), (iii) and (iv) of subsection (a). In

no event shall cheAuthority seekapproval of the Plan from the Governor for projects in an aggregate amount exceeding the proceeds of bonds or notes for Strategic Capital ImprovementPublicAct 095-0708 HB0656Re-Enrolled LRB095 04786 DRH 24846b Projects issuedunderSection4.04 of thisAct. (d) The Governormay approve the Plan for which approval is requested. The Governor's approval is limited to the amount of the project cost stated in the Plan. The Governor shall not approve the Plan in a calendar year if the Authority is unable tomake the certifications requiredunder items (ii), (iii) and (iv) of subsection {a). In no event shall the Governor approve the Plan for projects in an aggregate amount exceeding the proceeds of bonds or notes for Strategic Capital Improvement Projects issuedunder Section4.04 of this Act. (e) With respect to capital improvements, only those capital improvements which are in a Plan approved by the Governor shall be financed with the proceeds of bonds or notes issuedfor StrategicCapital Improvement Projects. 

### (f} Before the Authority or a Service Board obligates any funds for a project for which the Authority or Service Board intends to use the proceeds of bonds or notes for Strategic Capital Improvement Projects, but whichproject is not included in an approved Plan, the Authority must notify the Governor of the intended obligation. No project. costs incurred prior to approval of the Plan including that project may be paid from the proceeds of bonds o:r notes for Strategic Capital Improvement Projects issuedunder Section 4.04 of this Act. (Source: P.A. 94-839, eff. 6-6-06.)

(70 ILCS 3615/4.14) (fromCh. 111 2/3, par. 704.14) 

### I

(

### PublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786DRH 24846b

Sec. 4.14. Rate Protection Contract. "Rate Protection ConL.ract" means interest rate price exchange agreements; currency exchange agreements; forward payment conversion agreements; contractsproviding forpayment or receipt of funds based on levels of, or changes in, interest rates, currency exchange rates, stock or other indices; contracts to exchange cash flows or a series of paymenL.s; cont.racts, including without limitation, interest rate caps; interest rate floor; interest rate locks; interest rate collars; rate of return guarantees or assurances, to manage payment, currency, rate, spreador similarexposure; the obligation, right, oroptionto issue, put, lend, sell, grant a security interest in, buy, borrow or otherwise acquire, a bond, note or other security or interest therein as an investment, as collateral, as a hedge,

or otherwise as a source or assurance of payment to or by the Authority or as a reduction of theAuthority's or an obligor's risk exposure; repurchase agreements; securities lending agreements; andotheragreemenL.s orarrangements similartothe foregoing. Notwithstanding any provision in Section 2.20 (a) (ii) of this Act to the contrary, in connection with or incidental to the issuance by the Authority of its bonds or notes under the provisions of Section 4.04 or the exercise of its powers under subsection (b) of Section 2.20, the Authority, for its own benefit or for thebenefit of theholders of its obligations or their trustee, may enter into rate protection contracts. ThePublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b AuthoriLy may enter into rate protection contracLs only pursuant:. to a determination by a vote of 12 .g. of the then Direc1:.ors t:.hat t:.he terms of the contracts and any related agreemen1:.s reduce the risk of loss to the Authority, or protect, preserve or enhance the value of its assets, or provide compensationto theAuthorityfor losses resultingfrom changes in interest rates. The Authority's obligations under anyrateprot:.ectioncontractorcreditenhancementor liquidity agreement shall not be considered bonds or notes for purposes of this Act. For purposes of this Section a rate protection contract is a conLract determinedbytheAuthority as necessary
or appropriate to permit it to manage payment, currency or interest raterisks or levels. (Source: P.A. 87-764.)

(70 ILCS 3615/5.01) (fromCh. 1112/3, par. 705.01) Sec. 5.01. Hearings andCitizen Participation. (a) The Authority shall provide for and encourage participation by the public in the development and review of publictransportationpolicy, andin theprocessbywhichmajor decisions significantly affecting the provision of public transportation are made. The Authoritv shall coordinate such public participation processes with the Chicago Metropolitan Agencyfor Planningtotheextentpracticable. (b) TheAuLhority shallhold suchpublichearings asmaybe required by this Act or as the Authority may deem appropriate( 

### PublicAct 095-0708 HB0656 Re-Enrolled 

### LRB095 04786 DRH 24846b

LO the performance of any of its functions. TheAuthority shall coordinate such public hearings with the Chicago Metropolitan 

### Agencyfor Planningtotheextentpracticable. (c) Unless such items are specificallyprovided for either 

### in the Five-Year Capital Program or in the annual budget program which has been the subject of public hearings as provided in Sections 2.01 or 4.01 of this Act, the Board shall 

### holdpublichearings atwhichcitizensmaybeheardpriorto: (i) the construction or acquisition of any public transporLation facility, the aggregaLe cosL of whichexceeds $5 

### million; and (ii) 

### the extension of, or major addition to services provided by the Authority or by any transporta1:.ion agency pursuant to a purchase of service agreement with theAuthority. (d) Unless such items are specifically provided for in the annual budget and program which has been the subject of public hearing, as provided in Section 4.01 of this Act, the Board shall holdpublichearings at which citizens maybe heardprior to the providing for or allowing, by means of any purchase of service agreement or anygrant pursuant to Section 2.02 of this Act, any general increase or series of increases in fares or charges for public transportation, whether by the Authority or by any transportation agency, which increase or series of increases within any twelve months affects more than 25% of the

consumers of service of the Authority or of the transportation agency; or so providing for or allowing any discontinuance ofPublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRl-l 24846 b

any public transportation route, or major pore.ion thereof, whichhas beenin service formore than a year. (e) At least twenty days prior notice of any public hearing, as required in this Section, shall be given bypublic advertisement in a newspaper of general circulation in i:.he metropolitan region. (f) The Authority may designate one or more Directors or may appoint one or more hearing officers to preside over any hearing pursuant to this Act. The Authority shall have the power in connectionwith any such hearing to issue subpoenas to require the attendance of witnesses and the production of documents, and the Authoritymay apply to any circuit court in the Stateto require compliancewithsuch subpoenas. {g) TheAuthoritymay require any Service Boardto hold one
or more public hearings with respect to any item described in paragraphs (c) and (d) of this Section 5.01, notwithstanding whether such itern has been the subject of a pub1ic hearing underthis SecLion 5.01 orSection 2.01 or 4.01 ofthisAct. (Source: P.A. 78-3rd S.S.-5.)

(70 ILCS 3615/2.12arep.) (70 ILCS 3615/3.09 rep.) (70 ILCS 3615/3.10 rep.) Section 25. The Regional Transportation Authority Act is amendedbyrepealing Sections 2.12a, 3.09, and 3.10. (

(

(

### (



### ( PublicAct 095-0708 HB0656 Re-Enrolled LRB095 04786 DRH 24846b

Section 97. Severability. The provisions of this Act are severable under SecLion 1.31 of the Statuteon Statutes.

Section 99. Effective date. This Act takes effect upon becoming law.

### (

(