2023 Illinois Compiled Statutes › Chapter 70 - SPECIAL DISTRICTS › 70 ILCS 3615/ - Regional Transportation Authority Act. › Article IV - Finances

(70 ILCS 3615/Art. IV heading)
ARTICLE IV.  
		FINANCES.
(70 ILCS 3615/4.01) (from Ch. 111 2/3, par. 704.01)
Sec. 4.01. Budget and Program.
(a) The Board shall control the finances
of the Authority. It shall by ordinance adopted by the affirmative vote of at least 12 of its then Directors (i) appropriate money to perform the
Authority's purposes and provide for payment of debts and expenses of
the Authority, (ii) take action with respect to the budget and two-year financial plan of each Service Board, as provided in Section 4.11, and (iii) adopt an Annual Budget and Two-Year Financial Plan for the Authority that includes the annual budget and two-year financial plan of each Service Board that has been approved by the Authority. The Annual Budget and Two-Year Financial Plan
 shall contain a statement
of the funds estimated to be on hand for the Authority and each Service Board at the beginning of the fiscal
year, the funds estimated to be received from all sources for such year, the estimated expenses and obligations of the Authority and each Service Board for all purposes, including expenses for contributions to be made with respect to pension and other employee benefits,
and the funds estimated to be on hand at the end of such year. The fiscal year of the Authority and each Service Board shall
begin on January 1st and end on the succeeding December 31st.
By July 1st of each year the Director of the
Illinois
Governor's Office of Management and Budget (formerly Bureau of the
Budget) shall submit
to the Authority an estimate of revenues for the next fiscal year of the Authority to be
collected from the taxes imposed by the Authority and the amounts to be
available in the Public Transportation Fund and the Regional Transportation
Authority Occupation and Use Tax Replacement Fund and the amounts otherwise to be appropriated by the State to the Authority for its purposes. The Authority shall file a copy of its Annual Budget and Two-Year Financial Plan with
 the
General Assembly and the Governor after its adoption.  Before the proposed Annual Budget and Two-Year Financial Plan
 is adopted, the Authority
shall hold at least one public hearing thereon
in the metropolitan region, and shall meet
 with the county board or its designee of
each of the several counties in the metropolitan region.  After conducting
such hearings and holding such meetings and after making such changes
in the proposed Annual Budget and Two-Year Financial Plan
 as the Board deems appropriate, the
Board shall adopt its annual appropriation and Annual Budget and Two-Year Financial Plan
 ordinance. The ordinance may be adopted
only upon the affirmative votes of 12
 of its then Directors. The
ordinance shall appropriate such sums of money as are deemed necessary
to defray all necessary expenses and obligations of the Authority,
specifying purposes and the objects or programs for which appropriations
are made and the amount appropriated for each object or program.
Additional appropriations, transfers between items and other changes in
such ordinance may be made from time to time by the Board upon the
affirmative votes of 12
 of its then Directors.
(b) The Annual Budget and Two-Year Financial Plan

shall show a balance between anticipated revenues from
all sources and anticipated expenses including funding of operating deficits
or the discharge of encumbrances incurred in prior periods and payment of
principal and interest when due, and shall show cash balances sufficient
to pay with reasonable promptness all obligations and expenses as incurred.
The Annual Budget and Two-Year Financial Plan
 must show:
(i) that the level of fares and charges for mass     transportation provided by, or under grant or purchase of service contracts of, the Service Boards is sufficient to cause the aggregate of all projected fare revenues from such fares and charges received in each fiscal year to equal at least 50% of the aggregate costs of providing such public transportation in such fiscal year. However, due to the fiscal impacts of the COVID-19 pandemic, the aggregate of all projected fare revenues from such fares and charges received in fiscal years 2021, 2022, 2023, 2024, and 2025 may be less than 50% of the aggregate costs of providing such public transportation in those fiscal years.  "Fare revenues" include the proceeds of all fares and charges for services provided, contributions received in connection with public transportation from units of local government other than the Authority, except for contributions received by the Chicago Transit Authority from a real estate transfer tax imposed under subsection (i) of Section 8-3-19 of the Illinois Municipal Code, and from the State pursuant to subsection (i) of Section 2705-305 of the Department of Transportation Law (20 ILCS 2705/2705-305), and all other operating revenues properly included consistent with generally accepted accounting principles but do not include: the proceeds of any borrowings, and, beginning with the 2007 fiscal year, all revenues and receipts, including but not limited to fares and grants received from the federal, State or any unit of local government or other entity, derived from providing ADA paratransit service pursuant to Section 2.30 of the Regional Transportation Authority Act.  "Costs" include all items properly included as operating costs consistent with generally accepted accounting principles, including administrative costs, but do not include: depreciation; payment of principal and interest on bonds, notes or other evidences of obligation for borrowed money issued by the Authority; payments with respect to public transportation facilities made pursuant to subsection (b) of Section 2.20 of this Act; any payments with respect to rate protection contracts, credit enhancements or liquidity agreements made under Section 4.14; any other cost to which it is reasonably expected that a cash expenditure will not be made; costs for passenger security including grants, contracts, personnel, equipment and administrative expenses, except in the case of the Chicago Transit Authority, in which case the term does not include costs spent annually by that entity for protection against crime as required by Section 27a of the Metropolitan Transit Authority Act; the payment by the Chicago Transit Authority of Debt Service, as defined in Section 12c of the Metropolitan Transit Authority Act, on bonds or notes issued pursuant to that Section; the payment by the Commuter Rail Division of debt service on bonds issued pursuant to Section 3B.09; expenses incurred by the Suburban Bus Division for the cost of new public transportation services funded from grants pursuant to Section 2.01e of this amendatory Act of the 95th General Assembly for a period of 2 years from the date of initiation of each such service; costs as exempted by the Board for projects pursuant to Section 2.09 of this Act; or, beginning with the 2007 fiscal year, expenses related to providing ADA paratransit service pursuant to Section 2.30 of the Regional Transportation Authority Act; and in fiscal years 2008 through 2012 inclusive, costs in the amount of $200,000,000 in fiscal year 2008, reducing by $40,000,000 in each fiscal year thereafter until this exemption is eliminated; and
(ii) that the level of fares charged for ADA     paratransit services is sufficient to cause the aggregate of all projected revenues from such fares charged and received in each fiscal year to equal at least 10% of the aggregate costs of providing such ADA paratransit services. However, due to the fiscal impacts of the COVID-19 pandemic, the aggregate of all projected fare revenues from such fares and charges received in fiscal years 2021, 2022, 2023, 2024, and 2025 may be less than 10% of the aggregate costs of providing such ADA paratransit services in those fiscal years. For purposes of this Act, the percentages in this subsection (b)(ii) shall be referred to as the "system generated ADA paratransit services revenue recovery ratio". For purposes of the system generated ADA paratransit services revenue recovery ratio, "costs" shall include all items properly included as operating costs consistent with generally accepted accounting principles.  However, the Board may exclude from costs an amount that does not exceed the allowable "capital costs of contracting" for ADA paratransit services pursuant to the Federal Transit Administration guidelines for the Urbanized Area Formula Program.
The Authority shall file a statement certifying that the Service Boards published the data described in subsection (b-5) with the General Assembly and the Governor after adoption of the Annual Budget and Two-Year Financial Plan required by subsection (a). If the Authority fails to file a statement certifying publication of the data, then the appropriations to the Department of Transportation for grants to the Authority intended to reimburse the Service Boards for providing free and reduced fares shall be withheld.
(b-5) For fiscal years 2024 and 2025, the Service Boards must publish a monthly comprehensive set of data regarding transit service and safety. The data included shall include information to track operations including:
(1) staffing levels, including numbers of budgeted     positions, current positions employed, hired staff, attrition, staff in training, and absenteeism rates;
(2) scheduled service and delivered service,     including percentage of scheduled service delivered by day, service by mode of transportation, service by route and rail line, total number of revenue miles driven, excess wait times by day, by mode of transportation, by bus route, and by stop; and
(3) safety on the system, including the number of     incidents of crime and code of conduct violations on system, any performance measures used to evaluate the effectiveness of investments in private security, safety equipment, and other security investments in the system. If no performance measures exist to evaluate the effectiveness of these safety investments, the Service Boards and Authority shall develop and publish these performance measures.
The Authority and Service Boards shall solicit input and ideas on publishing data on the service reliability, operations, and safety of the system from the public and groups representing transit riders, workers, and businesses.
(c) The actual administrative expenses of the Authority for the fiscal
year commencing January 1, 1985 may not exceed $5,000,000.
The actual administrative expenses of the Authority for the fiscal year
commencing January 1, 1986, and for each fiscal year thereafter shall not
exceed the maximum administrative expenses for the previous fiscal year plus
5%. "Administrative
expenses" are defined for purposes of this Section as all expenses except:
(1) capital expenses and purchases of the Authority on behalf of the Service
Boards; (2) payments to Service Boards; and (3) payment of principal
and interest on bonds, notes or other evidence of obligation for borrowed
money issued by the Authority; (4) costs for passenger security including
grants, contracts, personnel, equipment and administrative expenses; (5)
payments with respect to public transportation facilities made pursuant to
subsection (b) of Section 2.20 of this Act; and (6) any payments with
respect to rate protection contracts, credit enhancements or liquidity
agreements made pursuant to Section 4.14.
(d) This subsection applies only until the Department begins administering and enforcing an increased tax under Section 4.03(m) as authorized by this amendatory Act of the 95th General Assembly. After withholding 15% of the proceeds of any tax imposed by the
Authority and 15% of money received by the Authority from the Regional
Transportation Authority Occupation and Use Tax Replacement Fund,
the Board shall allocate the proceeds and money remaining to the Service
Boards as follows: (1) an amount equal to 85% of the proceeds of those
taxes collected within the City of Chicago and 85% of the money received by
the Authority on account of transfers to the Regional Transportation
Authority Occupation and Use Tax Replacement Fund from the County and Mass
Transit District Fund attributable to retail sales within the City of
Chicago shall be allocated to the Chicago Transit
Authority; (2) an amount equal to 85% of the proceeds of those taxes
collected within Cook County outside the City of Chicago and 85% of the
money received by the Authority on account of transfers to the Regional
Transportation Authority Occupation and Use Tax Replacement Fund from the
County and Mass Transit District Fund attributable to retail sales within
Cook County outside of the city of Chicago shall be allocated
30% to the Chicago Transit Authority, 55% to the Commuter Rail Board and
15% to the Suburban Bus Board; and (3) an amount equal to 85% of the
proceeds of the taxes collected within the Counties of DuPage, Kane, Lake,
McHenry and Will shall be allocated 70% to the Commuter Rail Board and 30%
to the Suburban Bus Board.
(e) This subsection applies only until the Department begins administering and enforcing an increased tax under Section 4.03(m) as authorized by this amendatory Act of the 95th General Assembly. Moneys received by the Authority on account of transfers to the
Regional Transportation Authority Occupation and Use Tax Replacement Fund
 from the State and Local Sales Tax Reform Fund shall be
allocated among the Authority and the Service Boards as follows: 15% of
such moneys shall be retained by the Authority and the remaining 85%
shall be transferred to the Service Boards as soon as may be
practicable after the Authority receives payment.  Moneys which are
distributable to the Service Boards pursuant to the preceding sentence
shall be allocated among the Service Boards on the basis of each Service
Board's distribution ratio.  The term "distribution ratio" means,
for purposes of this subsection (e) of this Section 4.01, the ratio of
the total amount distributed to a Service Board pursuant to subsection (d)
of Section 4.01 for the immediately preceding calendar year to the total
amount distributed to all of the Service Boards pursuant to subsection (d)
of Section 4.01 for the immediately preceding calendar year.
(f) To carry out its duties and responsibilities under this Act,
 the Board shall employ staff which shall: (1) propose for adoption by the Board of the Authority rules for the Service Boards that establish (i) forms and schedules to be used and information required to be provided with respect to a five-year capital program, annual budgets, and two-year financial plans and regular reporting of actual results against adopted budgets and financial plans, (ii) financial practices to be followed in the budgeting and expenditure of public funds, (iii) assumptions and projections that must be followed in preparing and submitting its annual budget and two-year financial plan or a five-year capital program; (2) evaluate for
the Board public transportation programs operated or proposed by
the Service Boards and
transportation agencies in terms of the goals and objectives set out in the Strategic Plan; (3)
 keep the Board and the public informed of the extent to which the Service Boards and transportation agencies are meeting the goals and objectives adopted by the Authority in the Strategic Plan; and (4) assess the efficiency or adequacy of public transportation services provided by a Service Board and make recommendations for change in that service
 to the end that the moneys
 available to the Authority may be
expended in the most economical manner possible with the least possible
duplication.
(g) All

Service Boards, transportation agencies, comprehensive planning agencies, including the Chicago Metropolitan Agency for Planning, or
transportation planning agencies in the metropolitan region shall
furnish to the Authority
 such information pertaining to public
transportation or relevant for plans therefor as it may from time to time
require. The Executive Director, or his or her designee, shall, for the purpose of
securing any such information necessary or appropriate to carry out any of the powers and responsibilities of the Authority under this Act, have access to, and the right to examine, all
books, documents, papers or records of a Service Board or any transportation
 agency receiving funds from the Authority
or Service Board, and such Service Board or transportation agency shall comply with any request by the Executive Director, or his or her designee, within 30 days or an extended time provided by the Executive Director.
(h) No Service Board shall undertake any capital improvement which is not identified in the Five-Year Capital Program.
(i) Each Service Board shall furnish to the Board access to its financial information including, but not limited to, audits and reports.  The Board shall have real-time access to the financial information of the Service Boards;  however, the Board shall be granted read-only access to the Service Board's financial information.
(Source: P.A. 102-678, eff. 12-10-21; 103-281, eff. 1-1-24.)
(70 ILCS 3615/4.01a)
Sec. 4.01a. 
		(Repealed).
(Source: P.A. 86-463.  Repealed by P.A. 90-273, eff.
7-30-97.)
(70 ILCS 3615/4.02) (from Ch. 111 2/3, par. 704.02)
Sec. 4.02. Federal, State and Other Funds.
(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 any of the powers or purposes of the Authority
as set forth in this Act. The Authority shall have power to make 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 and powers as provided in this Act.
(b) The Authority shall be the primary public body in the metropolitan
region with authority to apply for and receive any grants, loans or other
funds relating to public transportation programs from the 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 capital 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 the Authority 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 or to enter into any agreement or
contract with the National Rail Passenger Corporation. Nor shall anything
in this Section impose any limitation on the ability of any school district
to apply for or receive any grant, loan or other funds for transportation
of 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 Section 4.03.3 of this Act.
(Source: P.A. 94-839, eff. 6-6-06; 95-331, eff. 8-21-07; 95-708, eff. 1-18-08.)
(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.
(b) Beginning January 1, 2009, if at any time the Authority 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 possible pay the amount of those overdue contributions to the Board of Trustees

of the Retirement Plan
 on behalf of the Chicago Transit Authority out of moneys otherwise payable to the Chicago Transit Authority under Section 4.03.3
 of this Act. The Authority shall thereafter have no liability to the Chicago Transit Authority for amounts paid to the Board of Trustees
 of the Retirement Plan
 under this Section.
(c) Whenever the Authority acts or determines that it is required to act under subsection (b), it shall so notify the Chicago Transit Authority, the Mayor of Chicago, the Governor, the Auditor General of the State of Illinois, and the General Assembly.
(Source: P.A. 94-839, eff. 6-6-06; 95-708, eff. 1-18-08.)
(70 ILCS 3615/4.02b)
Sec. 4.02b. Other contributions to pension funds.
(a) The Authority shall continually  review the payment of the  required employer contributions to affected pension plans under Section 22-103 of the Illinois Pension Code.
(b) Beginning January 1, 2009, if at any time the Authority determines that the Commuter Rail Board's or Suburban Bus Board's payment of any portion of the  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
 of this Act. The Authority shall thereafter have no liability to the Service Board for amounts paid to the trustee of the affected pension plan under this Section.
(c) Whenever the Authority acts or determines that it is required to act under subsection (b), it shall so notify the affected Service Board, the Mayor of Chicago, the Governor, the Auditor General of the State of Illinois, and the General Assembly.
(d) Beginning January 1, 2009, if  the Authority fails to pay to an affected pension 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 Accountability,  the Mayor of Chicago, the Governor, and the General Assembly, and it shall promptly pay the overdue amount out of the first money available to the Authority for its administrative expenses, as that term is defined in Section 4.01(c).
(Source: P.A. 94-839, eff. 6-6-06; 95-708, eff. 1-18-08.)
(70 ILCS 3615/4.03) (from Ch. 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
 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 imposed under this
Section and civil penalties imposed incident thereto shall be collected
and enforced by the State Department of Revenue. The Department shall
have the power to administer and enforce the taxes and to determine all
rights for refunds for erroneous payments of the taxes. Nothing in Public Act 95-708 is intended to invalidate any taxes currently imposed by the Authority. The increased vote requirements to impose a tax shall only apply to actions taken after January 1, 2008 (the effective date of Public Act 95-708).
(b) The Board may impose a public transportation tax upon all
persons engaged in the metropolitan region in the business of selling at
retail motor fuel for operation of motor vehicles upon public highways.  The
tax shall be at a rate 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 in the Motor Fuel Tax Law.  The Board may provide for details of the tax.  The provisions of
any tax shall conform, as closely as may be practicable, 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 of the tax
imposed, except that reference in the Act to any municipality shall refer to
the Authority and the tax shall be imposed only with regard to receipts from
sales of motor fuel in the metropolitan region, at rates as limited by this
Section.
(c) In connection with the tax imposed under paragraph (b) 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 of the 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 may provide 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 contract with
any unit of local government.  The State Department of Revenue shall have
no responsibility for the collection and enforcement unless the
Department agrees with the Authority to undertake the collection and
enforcement.  As used in this paragraph, the term "parking facility"
means a parking area or structure having parking spaces for more than 2
vehicles at which motor vehicles are permitted to park in return for an
hourly, daily, or other periodic fee, whether publicly or privately
owned, but does not include parking spaces on a public street, the use
of which is regulated by parking meters.
(e) The Board may impose a Regional Transportation Authority
Retailers' Occupation Tax upon all persons engaged in the business of
selling tangible personal property at retail in the metropolitan region.
In Cook County, the tax rate shall be 1.25%
 of the gross receipts from sales
of tangible personal property taxed at the 1% rate under the Retailers' Occupation Tax Act (or at the 0% rate imposed under this amendatory Act of the 102nd General Assembly), and 1%
 of the
gross receipts from other taxable sales made in the course of that business.
In DuPage, Kane, Lake, McHenry, and Will counties, the tax rate shall be 0.75%

of the gross receipts from all taxable sales made in the course of that
business. The rate of tax imposed in DuPage, Kane, Lake, McHenry, and Will counties under this Section on sales of aviation fuel on or after December 1, 2019 shall, however, be 0.25% unless the Regional Transportation Authority in DuPage, Kane, Lake, McHenry, and Will counties has an "airport-related purpose" and the additional 0.50% of the 0.75% tax on aviation fuel is expended for airport-related purposes.  If there is no airport-related purpose to which aviation fuel tax revenue is dedicated, then aviation fuel is excluded from the additional 0.50% of the 0.75% tax.  The tax
imposed under this Section and all civil penalties that may be
assessed as an incident thereof shall be collected and enforced by the
State Department of Revenue.  The Department shall have 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 shall have the same rights, remedies, privileges, immunities,
powers, and duties, and be subject to the same conditions, restrictions,
limitations, penalties, exclusions, exemptions, and definitions of terms,
and employ the same modes of procedure, as are prescribed in Sections 1,
1a, 1a-1, 1c, 1d, 1e, 1f, 1i, 1j, 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, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 4, 5, 5a, 5b, 5c, 5d,
5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12, and
13 of the Retailers' Occupation Tax Act and Section 3-7 of the
Uniform Penalty and Interest Act, as fully as if those
provisions were set forth herein.
The Board and DuPage, Kane, Lake, McHenry, and Will counties must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Section, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act.  This exclusion for aviation fuel only applies for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the Authority.
Persons subject to any tax imposed under the authority granted
in this Section may reimburse themselves for their seller's tax
liability hereunder 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 Act, under any bracket schedules the
Department may prescribe.
Whenever the Department determines that a refund should be 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 Transportation Authority tax
fund established under paragraph (n) of this Section or the Local Government Aviation Trust Fund, as appropriate.
If a tax is imposed under this subsection (e), a tax shall also
be imposed under subsections (f) and (g) of this Section.
For the purpose of determining whether a tax authorized under this
Section is applicable, a retail sale by a producer of coal or other
mineral mined in Illinois, is a sale at retail at the place where the
coal or other mineral mined in Illinois is extracted 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 not be titled in this State.
Nothing in this Section shall be construed to authorize the Regional
Transportation Authority to impose a tax upon the privilege of engaging
in any business that under the Constitution of the United States may
not be made the subject of taxation by this State.
(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 tangible personal property within the metropolitan region,
either in the form of tangible personal property or in the form of real estate
as an incident to a sale of service.  In Cook County, the tax rate
shall be:  (1) 1.25%
 of the serviceman's cost price of food prepared for
immediate consumption and transferred incident to a sale of service subject
to the service occupation tax by an entity licensed under the Hospital
Licensing Act, the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act that is located in the metropolitan
region; (2) 1.25%
 of the selling price of tangible personal property taxed at the 1% rate under the Service Occupation Tax Act (or at the 0% rate imposed under this amendatory Act of the 102nd General Assembly); and (3) 1%
 of the selling price from other taxable sales of
tangible personal property transferred.  In DuPage, Kane, Lake,
McHenry, and Will counties, the rate shall be 0.75%
 of the selling price
of all tangible personal property transferred. The rate of tax imposed in DuPage, Kane, Lake, McHenry, and Will counties under this Section on sales of aviation fuel on or after December 1, 2019 shall, however, be 0.25% unless the Regional Transportation Authority in DuPage, Kane, Lake, McHenry, and Will counties has an "airport-related purpose" and the additional 0.50% of the 0.75% tax on aviation fuel is expended for airport-related purposes.  If there is no airport-related purpose to which aviation fuel tax revenue is dedicated, then aviation fuel is excluded from the additional 0.5% of the 0.75% tax.
The Board and DuPage, Kane, Lake, McHenry, and Will counties must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Section, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act.  This exclusion for aviation fuel only applies for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the Authority.
The tax imposed under this paragraph and all civil
penalties that may be assessed as an incident thereof shall be collected
and enforced by the State Department of Revenue.  The Department shall
have full power to administer and enforce this paragraph; to collect all
taxes and penalties due hereunder; to dispose of taxes and penalties
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 paragraph, the Department and persons who are subject to this
paragraph shall have the same rights, remedies, privileges, immunities,
powers, and duties, and be subject to the same conditions, restrictions,
limitations, penalties, exclusions, exemptions, and definitions of terms,
and employ the same modes of procedure, as are prescribed in Sections 1a-1, 2,
2a, 3 through 3-50 (in respect to all provisions therein other than 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, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 10, 11, 12 (except the reference
therein to Section 2b of the Retailers' Occupation Tax Act), 13 (except
that any reference to the State shall mean the Authority), the first
paragraph of Section 15, 16, 17, 18, 19, and 20 of the Service
Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest
Act, as fully as if those provisions were set forth herein.
Persons subject to any tax imposed under the authority granted
in this paragraph may reimburse themselves for their serviceman's tax
liability hereunder by separately stating the tax as an additional
charge, that charge may be stated in combination in a single amount
with State tax that servicemen are authorized to collect under the
Service Use Tax Act, under any bracket schedules the
Department may prescribe.
Whenever the Department determines that a refund should be 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 the Department.  The refund shall be paid by
the State Treasurer out of the Regional Transportation Authority tax
fund established under paragraph (n) of this Section or the Local Government Aviation Trust Fund, as appropriate.
Nothing in this paragraph shall be construed to authorize the
Authority to impose a tax upon the privilege of engaging in any business
that under the Constitution of the United States may not be made the
subject of taxation by the State.
(g) If a tax has been imposed under paragraph (e), a tax shall
also be imposed upon the privilege of using in the metropolitan region,
any item of tangible personal property that is purchased outside the
metropolitan region at retail 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%
 of the selling price of the tangible personal property,
as "selling price" is defined in the Use Tax Act.  In DuPage, Kane, Lake,
McHenry, and Will counties, the tax rate shall be 0.75%
 of the selling price of
the tangible personal property, as "selling price" is defined in the
Use Tax 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 Authority.  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 registration 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 property must be titled or
registered if the Department and the State 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, the Department and persons who are subject to this paragraph
shall have the same rights, remedies, privileges, immunities, powers, and
duties, and be subject to the same conditions, restrictions,
limitations, penalties, exclusions, exemptions, and definitions of terms
and employ the same modes of procedure, as are prescribed in Sections 2
(except the definition of "retailer maintaining a place of business 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 tax
by retailers), 4, 11, 12, 12a, 14, 15, 19 (except the portions pertaining
to claims by retailers and except the last paragraph concerning refunds),
20, 21, and 22 of the Use Tax Act, and are not inconsistent with this
paragraph, as fully as if those provisions were set forth herein.
Whenever the Department determines that a refund should be made under
this paragraph to a claimant instead of issuing a credit memorandum, the
Department shall notify the State 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 of the Regional Transportation Authority tax fund
established under paragraph (n) of this 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
purchased within 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 the
passage of the ordinance imposing the tax and receipt of a certified copy
of the ordinance by the Department of Revenue.  The Department of Revenue
shall collect the tax for the Authority in accordance with Sections 3-2002
and 3-2003 of the Illinois Vehicle Code.
The Department shall immediately pay over to the State Treasurer,
ex officio, as trustee, all taxes collected hereunder.
As soon as possible after the first day of each month, beginning January 1, 2011, upon certification of the Department of Revenue, the Comptroller shall order transferred, and the Treasurer shall transfer, to the STAR Bonds Revenue Fund the local sales tax increment, as defined in the Innovation Development and Economy Act, collected under this Section during the second preceding calendar month for sales within a STAR bond district.
After the monthly transfer to the STAR Bonds Revenue Fund, on
or before the 25th day of each calendar month, the Department shall
prepare and certify to the Comptroller the disbursement of stated sums
of money to the Authority. The amount to be paid to the Authority shall be
the amount collected hereunder during the second preceding calendar month
by the Department, less any amount determined by the Department to be
necessary for the payment of refunds, and less any amounts that are transferred to the STAR Bonds Revenue Fund.  Within 10 days after receipt by the
Comptroller of the disbursement certification to the Authority provided
for in this Section to be given to the Comptroller by the Department, the
Comptroller shall cause the orders to be drawn for that amount in
accordance with the directions contained in the certification.
(i) The Board may not impose any other taxes except as it may from
time to time be authorized by law to 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 required under the tax.  A certificate issued under the
Use Tax Act or the Service Use Tax Act shall be applicable with regard to
any tax imposed under paragraph (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 the
provisions of the Use Tax Act, including
without limitation conformity as 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 of the tax imposed.
The taxes shall be imposed only on use within the metropolitan region
and at rates as provided in the paragraph.
(l) The Board in imposing any tax as provided in paragraphs (b)
and (c) of this Section, shall, after seeking the advice of the State
Department of Revenue, provide means for retailers, users or purchasers
of motor fuel for purposes other than those with regard to which the
taxes may be imposed as provided in those paragraphs to receive refunds
of taxes improperly paid, which provisions may be at variance with the
refund provisions as applicable under the Municipal Retailers
Occupation Tax Act.  The State Department of Revenue may provide for
certificates of registration for users or purchasers of motor 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 or uses.
(m) Any ordinance imposing or discontinuing any tax under this Section shall
be adopted and a certified copy thereof filed with the Department on or before
June 1, whereupon the Department of Revenue shall proceed to administer and
enforce this Section on behalf of the Regional Transportation Authority as of
September 1 next following such adoption and filing.
Beginning January 1, 1992, an ordinance or resolution imposing or
discontinuing 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 imposing, increasing, decreasing, or
discontinuing the tax hereunder shall be adopted and a certified copy
thereof filed with the Department,
whereupon the Department shall proceed to administer and enforce this
Section as of the first day of the first month to occur not less than 60 days
 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 Public Act 95-708.  The tax rates authorized by Public Act 95-708 are effective only if imposed by ordinance of the Authority.
(n) Except as  otherwise provided in this subsection (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. If an airport-related purpose has been certified, taxes and penalties collected in DuPage, Kane, Lake, McHenry and Will counties on aviation fuel sold on or after December 1, 2019 from the 0.50% of the 0.75% rate shall be immediately paid over by the Department to the State Treasurer, ex officio, as trustee, for deposit into the Local Government Aviation Trust Fund. The Department shall only pay moneys into the Local Government Aviation Trust Fund under this Act for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the Authority.  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
 to the Authority (i) the
amount of taxes collected in each county other than Cook County in the
metropolitan region, (not including, if an airport-related purpose has been certified, the taxes and penalties collected from the 0.50% of the 0.75% rate on aviation fuel sold on or after December 1, 2019 that are deposited into the Local Government Aviation Trust Fund) (ii)
 the amount of taxes collected within the City
of Chicago,
 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), and less 1.5% of the remainder, which shall be transferred from the trust fund into the Tax Compliance and Administration Fund. The Department, at the time of each monthly disbursement to the Authority, shall prepare and certify to the State Comptroller the amount to be transferred into the Tax Compliance and Administration Fund under this subsection.
Within 10 days after receipt by the Comptroller of the certification of
the amounts, the Comptroller shall cause an
order to be drawn for the transfer of the amount certified into the Tax Compliance and Administration Fund and the payment of two-thirds of the amounts certified in item (i) of this subsection to the Authority and one-third of the amounts certified in item (i) of this subsection to the respective counties other than Cook County and the amount certified in items (ii) and (iii) of this subsection to the Authority.
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 allocation 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 disbursed under this paragraph in the preceding calendar
year.  The Department of Revenue shall prepare and certify to the
Comptroller for disbursement the allocations made in accordance with this
paragraph.
(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 tax imposed by the Authority otherwise in conformity
with law.
(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 authorized under paragraphs (e), (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
authorized by paragraph (e), (f), or (g) of this Section are imposed and
becomes effective. Once any tax authorized by paragraph (e), (f), or (g)
is imposed the Board may not reimpose taxes as authorized in paragraphs
(b), (c), and (d) of the Section unless any tax authorized by paragraph
 (e), (f), or (g) of this Section becomes ineffective by means
other than an ordinance of the Board.
(q) Any existing rights, remedies and obligations (including
enforcement by the Regional Transportation Authority) arising under any
tax imposed under paragraph (b), (c), or (d) of this Section shall not
be affected by the imposition of a tax under paragraph (e), (f),  or (g)
of this Section.
(Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; 101-604, eff. 12-13-19; 102-700, eff. 4-19-22.)
(70 ILCS 3615/4.03.1) (from Ch. 111 2/3, par. 704.03.1)
Sec. 4.03.1. 
		
		(a) The Board may impose a tax upon all persons engaged in
the business of renting automobiles in the metropolitan region at the rate
of not to exceed 1% of the gross receipts from such business within Cook
County and not to exceed 1/4% of the gross receipts from such business
within the Counties of DuPage, Kane, Lake, McHenry and Will. The tax imposed
pursuant to this paragraph and all civil penalties that may be assessed
as an incident thereof shall be collected and enforced by the State Department
of Revenue. The certificate of registration which is issued by the Department
to a retailer under the Retailers' Occupation Tax Act or under the Automobile Renting Occupation and Use Tax
Act shall  permit such
person to engage in a business which is taxable under any ordinance or
resolution
enacted pursuant to this paragraph without registering separately with the
Department under such ordinance or resolution or under this paragraph. The
Department shall have full power to administer and enforce this
paragraph; to collect all taxes and penalties due hereunder; to dispose
of 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 paragraph, the Department and persons who are
subject to this paragraph shall have the same rights, remedies, privileges,
immunities, powers and duties, and be subject to the same conditions, restrictions,
limitations, penalties and definitions of terms, and employ the same modes
of procedure, as are prescribed in Sections 2 and 3 (in respect to all
provisions
therein other than the State rate of tax; and with relation to the provisions
of the Retailers' Occupation Tax referred to therein, except as to
the
disposition of taxes and penalties collected, and except for the provision
allowing retailers a deduction from the tax cover certain costs, and except
that credit memoranda issued hereunder may not be used to discharge any
State tax liability) of the Automobile Renting Occupation and Use Tax
Act as fully as if provisions contained in those Sections
of said Act were set forth herein. Persons subject to any tax imposed pursuant
to the authority granted in this paragraph may reimburse themselves for
their tax liability hereunder by separately stating such tax as an additional
charge, which charge may be stated in combination, in a single amount, with
State tax which sellers are required to collect under the Automobile
Renting
Occupation and Use Tax Act pursuant to such bracket schedules as the
Department
may prescribe. Nothing in this paragraph shall be construed to authorize
the Authority to impose a tax upon the privilege of engaging in any business
which under the Constitution of the United States may not be made
the subject
of taxation by this State.
(b) The Board may impose a tax upon the privilege of using, in the
metropolitan
region an automobile which is rented from a renter outside Illinois, and
which is titled or registered with an agency of this State's government,
at a rate not to exceed 1% of the rental price of such automobile within
the County of Cook, and not to exceed 1/4% of the rental price within the
counties of DuPage, Kane, Lake, McHenry and Will. Such tax shall be collected
from persons whose Illinois address for titling or registration purposes
is given as being in the
metropolitan region. Such tax shall be collected by the Department of Revenue
for the Regional Transportation Authority. Such 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 registration 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 State officer with whom, the tangible
personal property must be titled or registered if the Department and such
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 so 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, the Department and persons who are
subject to this paragraph shall have the same rights, remedies, privileges,
immunities, powers and duties, and be subject to the same conditions, restrictions,
limitations, penalties and definitions of terms, and employ the same modes
of procedure, as are prescribed in Sections 2 and 4 (except provisions pertaining
to the State rate of tax; and with relation to the provisions of the Use
Tax Act referred to therein, except provisions concerning collection or
refunding of the tax by retailers, and except the provisions of Section 19
pertaining to claims by retailers and except the last paragraph concerning
refunds, and except that credit memoranda issued hereunder may not be used
to discharge any State tax liability) of the Automobile Renting Occupation
and Use Tax Act which are not inconsistent with
this paragraph, as fully as if provisions contained in those Sections of
said Act were set forth herein.
(c) Whenever the Department determines that a refund should be made under
this Section to a claimant instead of issuing a credit memorandum, the
Department
shall notify the State Comptroller, who shall cause the order to be drawn
for the amount specified, and to the person named, in such notification
from the Department. Such refund shall be paid by the State Treasurer out
of the Regional Transportation Authority tax fund created pursuant to Section
4.03 of this Act.
(d) The Department shall forthwith pay over to the State Treasurer, ex-officio,
as trustee, all taxes, penalties and interest collected under this Section.
On or before the 25th day of each calendar month, the Department shall prepare
and certify to the State Comptroller the amount to be paid to the Authority.
The State Department of Revenue shall also certify to the Authority the
amount of taxes collected in each County other than Cook County in the metropolitan
region less the amount necessary for the payment of refunds to taxpayers
in such County.  With regard to the County of Cook, the certification shall
specify the amount of taxes collected within the City of Chicago less the
amount necessary for the payment of refunds to taxpayers in the City of
Chicago and the amount collected in that portion of Cook County outside
of Chicago less the amount necessary for the payment of refunds to taxpayers
in that portion of Cook County outside of Chicago. The amount to be paid
to the Authority shall be the amount (not including credit memoranda) collected
hereunder during the second preceding calendar month by the Department,
and not including an amount equal to the amount of refunds made
during the second preceding calendar month by the Department on behalf of
the Authority. Within 10 days after receipt, by the State Comptroller, of
the disbursement certification to the Authority, the State Comptroller shall
cause the orders to be drawn in accordance with the directions contained
in such certification.
(e) An ordinance imposing a tax hereunder or effecting a change in the
rate thereof shall be effective on the first day of the calendar month next
following the month in which such ordinance is passed. The Board shall transmit
to the Department of Revenue on or not later than 5 days after passage of
the ordinance a certified copy of the ordinance imposing such tax whereupon
the Department of Revenue shall proceed to administer and enforce this Section
on behalf of the Authority as of the effective date of the ordinance. Upon
a change in rate of a tax levied hereunder, or upon the discontinuance of
the tax, the Board shall, on or not later than 5 days after passage of the
ordinance discontinuing the tax or effecting a change in rate, transmit
to the Department of Revenue a certified copy of the ordinance effecting
such change or discontinuance.
(Source: P.A. 91-357, eff. 7-29-99.)
(70 ILCS 3615/4.03.3)
Sec. 4.03.3. Distribution of Revenues.  This Section applies only after the Department begins administering and enforcing an increased tax under Section 4.03(m) as authorized by this amendatory Act of the 95th General Assembly. After providing for payment of its obligations with respect to bonds and notes issued under the provisions of Section 4.04 and obligations related to those bonds and notes and separately accounting for the tax on aviation fuel deposited into the Local Government Aviation Trust Fund, the Authority shall disburse the remaining proceeds from taxes it has received from the Department of Revenue under this Article IV and the remaining proceeds it has received from the State under Section 4.09(a) as follows:
(a) With respect to taxes imposed by the Authority under Section 4.03, after withholding 15% of 80% of the receipts from those taxes collected in Cook 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%, 15% of one-half of the receipts from those taxes collected in DuPage, Kane, Lake, McHenry, and Will Counties, and 15% of money received by the Authority from the Regional Transportation Authority Occupation and Use Tax Replacement Fund or from the Regional Transportation Authority tax fund created in Section 4.03(n), the Board shall allocate 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 collected within 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%, and (iii) 85% of the money received by the Authority on account of transfers to 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 the City 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 collected within 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 to 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 Transit Authority, 55% to the Commuter Rail Board, and 15% to the Suburban Bus Board; and
(3) an amount equal to 85% of one-half of the     receipts from the taxes collected within the Counties of DuPage, Kane, Lake, McHenry, and Will shall be allocated 70% to the Commuter Rail Board and 30% to the Suburban Bus Board.
(b) Moneys received by the Authority on account of transfers to the Regional Transportation Authority Occupation and Use Tax Replacement Fund from the State and Local Sales Tax Reform Fund shall be allocated among the Authority and the Service Boards as follows: 15% of such moneys shall be retained by the Authority and the remaining 85% shall be transferred to the Service Boards as soon as may be practicable after the Authority receives payment. Moneys which are distributable to the Service Boards pursuant to the preceding sentence shall be allocated among the Service Boards on the basis of each Service Board's distribution ratio. The term "distribution ratio" means, for purposes of this subsection (b), the ratio of the total amount distributed to a Service Board pursuant to subsection (a) of Section 4.03.3 for the immediately preceding calendar year to the total amount distributed to all of the Service Boards pursuant to subsection (a) of Section 4.03.3 for the immediately preceding calendar year.
(c)(i) 20% of the receipts from those taxes collected in Cook County under Section 4.03 at the rate of 1.25%, (ii) 25% of the receipts from those taxes collected in Cook County under Section 4.03 at the rate of 1%, (iii) 50% of the receipts from those taxes collected in DuPage, Kane, Lake, McHenry, and Will Counties under Section 4.03, and (iv) amounts received from the State under Section 4.09 (a)(2) and items (i), (ii), and (iii) of Section 4.09 (a)(3) shall be allocated as follows: the amount required to be deposited into the ADA Paratransit Fund described in Section 2.01d, the amount required to be deposited into the Suburban Community Mobility Fund described in Section 2.01e, and the amount required to be deposited into the Innovation, Coordination and Enhancement Fund described in Section 2.01c, and the balance shall be allocated 48% to the Chicago Transit Authority, 39% to the Commuter Rail Board, and 13% to the Suburban Bus Board.
(d) Amounts 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 and public transportation services or facilities or to fund operating, capital, right-of-way, construction, and maintenance costs of other transportation purposes, including 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 not be used as the basis for reducing any funds that such counties would otherwise have received from the State of Illinois, any agency or instrumentality thereof, the Authority, or the Service Boards.
(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(a)(1) as it shall determine and shall make payment of the amounts  to each Service Board as soon as may be practicable upon their receipt provided the Authority has adopted a balanced budget as required by Section 4.01 and further provided the Service Board is in compliance with the requirements in Section 4.11.
(g)  Beginning January 1, 2009, before making any payments, transfers, or expenditures under this Section to a Service Board, the Authority must first comply with Section 4.02a or 4.02b of this Act, whichever may be applicable.
(h) Moneys may be appropriated from the Public Transportation Fund to the Office of the Executive Inspector General for the costs incurred by the Executive Inspector General while serving as the inspector general for the Authority and each of the Service Boards. Beginning December 31, 2012, and each year thereafter, the Office of the Executive Inspector General shall annually report to the General Assembly the expenses incurred while serving as the inspector general for the Authority and each of the Service Boards.
(Source: P.A. 101-604, eff. 12-13-19.)
(70 ILCS 3615/4.04) (from Ch. 111 2/3, par. 704.04)
Sec. 4.04. Issuance and Pledge of Bonds and Notes.
(a) The Authority shall have the continuing power to borrow money and to
issue its negotiable bonds or notes as provided in this Section.  Unless
otherwise indicated in this Section, the term "notes" also includes bond
anticipation notes, which are 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 any public 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; to provide funds for
any transportation agency to pay principal
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 to provide funds to purchase
such bonds or notes; and to provide funds for any transportation agency 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 other borrowing as may be authorized by this Section,
the Authority may issue its notes, from time to time, in anticipation of
tax receipts of the Authority or of other
revenues or receipts of the Authority, in order to provide money for the
Authority 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 this Section as "Working Cash Notes".  No Working
Cash Notes shall be 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 the Authority or a Service Board from time 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 Suburban Bus
Board, the Commuter Rail Board or the Board of the Chicago Transit Authority
may demand and direct that the Authority issue its Working Cash Notes in
such amounts and having such maturities as the Service Board may determine.
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 Notes the proceeds of
which were used for the direct benefit of a Service Board or any other
Bonds or Notes of the Authority the proceeds of which were used for the
direct benefit of a Service Board shall constitute a reduction of the amount
of any other funds provided by the Authority to that 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 such bonds or
notes to pay the 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 its bonds 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 or notes of the
Authority, including any accrued interest or redemption premium thereon,
without advertising or submitting such notes or bonds for public bidding.
(b) The ordinance providing for the issuance of any such bonds or
notes shall fix the date or dates of maturity, the dates on which
interest is payable, any sinking fund account or reserve fund account
provisions and all other details of such bonds or notes and may provide
for such covenants or agreements necessary or desirable with regard to
the issue, sale and security of such bonds or notes.  The rate or rates 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 Bond Authorization 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, shall be 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 the
option of the Authority, 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 thereof shall mature at
any time or times exceeding 5 years from the date of the first issuance
of such note.  The Authority may provide for the registration of bonds or
notes 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 notes may provide for
the exchange of such bonds or notes which are fully registered, as to
both principal and interest, with bonds or notes which are registerable
as to principal only.  All bonds or notes issued under this Section by
the Authority other than those issued in exchange for property or for
bonds or notes of the Authority shall be sold at a price which may be 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 such
bonds or notes, computed to stated maturity according to standard tables
of bond values, shall not exceed that permitted in the Bond Authorization
Act.  The Authority shall notify
the
Governor's 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 such bonds or notes shall be sold
to the highest and best bidder on sealed bids as the Authority shall deem.
As such bonds or notes are to be sold the Authority 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-insurance
pool or entity may be sold either upon competitive bidding or by negotiated
sale
(without any requirement of publication of intention to negotiate the sale
of such Notes), as the Board shall determine by ordinance adopted with the
affirmative votes 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 to be such officer before delivery of such bonds 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 or coupons by reason of the issuance thereof.
(c) All bonds or notes of the Authority issued pursuant to this Section
shall be general obligations
of the Authority to 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 addition to any other security, a specific
pledge 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 law be utilized for debt
service purposes and a specific pledge or assignment of and lien on or security
interest in any funds or accounts established or provided for by the ordinance
of the Authority authorizing the issuance of such bonds 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 any physical delivery or further act
and shall be valid and binding as against and prior to 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 of the Authority.
The Authority may provide in the
ordinance authorizing the issuance of any bonds or notes issued pursuant to
this Section for the creation of, deposits in, and regulation and disposition
of sinking fund or reserve accounts relating to such bonds 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 the 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 the
Authority and from any or all such other moneys or revenues of the
Authority from whatever source which may by law be utilized for debt
service purposes, all as provided in such ordinance, of amounts to meet
the debt service requirements on such bonds or notes, including
principal and interest, and any sinking fund or 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 such bonds or notes.
Such ordinance may also provide limitations on the issuance of additional
bonds or notes of the Authority.  No such bonds or notes of the Authority
shall constitute a debt of the State of Illinois.  Nothing in this Act shall
be construed to enable the Authority to impose any ad valorem tax on property.
(d) The ordinance of the Authority authorizing the issuance of any bonds
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
to such bonds 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
may provide for the trustee to hold in trust, invest, and use amounts in
funds and accounts created as provided by the ordinance with respect to
the bonds or notes.  The ordinance may provide for the assignment 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 the State Finance Act.
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 the State Finance Act, 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 shall provide that
amounts so paid to the trustee which 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 trustee
to the Authority.
(e) Any bonds or notes of the Authority issued pursuant to this
Section shall constitute a contract between the Authority 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 this Section. It may also
so covenant that it shall impose and continue to impose taxes, as
provided in 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 such bonds 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 State of Illinois and the Illinois Department of Revenue.
(f) The State of Illinois pledges to and agrees with the holders of
the bonds and notes of the Authority issued pursuant to this Section
that the State will not limit or alter the rights and powers vested in
the Authority by 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 such holders until such bonds and notes, together with
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 such holders, are fully met and discharged. In
addition, the State pledges to and agrees with the holders of the bonds
and notes of the Authority issued pursuant to this Section that the
State will not limit or alter the basis on which State 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
authorized to include these pledges and agreements of the 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, the Authority shall not at any time issue, sell or deliver
any bonds or notes (other than Working Cash Notes and lines of credit) 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 than Working Cash Notes and lines of credit).
The Authority shall not issue, sell, or deliver any Working Cash Notes or establish a line of credit pursuant to this Section that will cause it to have issued and outstanding at any time in excess of  $100,000,000.  However, the Authority may issue, sell, and deliver additional Working Cash Notes or establish a line of credit before July 1, 2022 that are over and above and in addition to the $100,000,000 authorization such that the outstanding amount of these additional Working Cash Notes and lines of credit does not exceed at any time $300,000,000.

Bonds or 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 this subsection.
(2) In addition to the authority provided by paragraphs
(1) and (3), 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:
$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 or after January 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 or after January 1, 1994; and
the aggregate total authorization of bonds and notes     for Strategic Capital Improvement Projects as of January 1, 1994, shall be $500,000,000.
The Authority 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)(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 debt service requirements for
such refunding bonds or notes in the current or any future fiscal year shall
not exceed the debt service requirements for that year on the refunded bonds
or notes.
(3) In addition to the authority provided by paragraphs (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 to be issued     on or after January 1, 2001;
an additional $260,000,000 is authorized to be issued     on or after January 1, 2002;
an additional $260,000,000 is authorized to be issued     on or after January 1, 2003;
an additional $260,000,000 is authorized to be issued     on or after January 1, 2004; and
the aggregate total authorization of bonds and notes     for Strategic Capital Improvement Projects pursuant to this paragraph (3) as of January 1, 2004 shall be $1,300,000,000.
The Authority 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 exceed the debt service requirements for that year on the refunded bonds or
notes.
(h) The Authority, subject to the terms of any agreements with noteholders
or bond holders as may then exist, shall have power, out of any funds
available therefor, to purchase notes or bonds of the Authority, which
shall thereupon be 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 State Treasury which is not needed
for current expenditures due or about to become due in Working Cash Notes. In the event of a default on a Working Cash Note issued by the Regional Transportation Authority in which State money in the State treasury was invested, the Treasurer may, after giving notice to the Authority, certify to the Comptroller the amounts of the defaulted Working Cash Note, in accordance with any applicable rules of the Comptroller, and the Comptroller must deduct and remit to the State treasury the certified amounts or a portion of those amounts from the following proportions of payments of State funds to the Authority:
(1)   in the first year after default, one-third of     the total amount of any payments of State funds to the Authority;
(2)   in the second year after default, two-thirds of     the total amount of any payments of State funds to the Authority; and
(3)   in the third year after default and for each     year thereafter until the total invested amount is repaid, the total amount of any payments of State funds to the Authority.
(j) The Authority may establish a line of credit with a bank or other financial institution as may be evidenced by the issuance of notes or other obligations, secured by and payable from all tax receipts of the Authority and any or all other revenues or moneys of the Authority, in an amount not to exceed the limitations set forth in paragraph (1) of subsection (g). Money borrowed under this subsection (j) shall be used to provide money for the Authority or the Service Boards to cover any cash flow deficit that the Authority or a Service Board anticipates incurring and shall be repaid within 24 months.
Before establishing a line of credit under this subsection (j), the Authority shall authorize the line of credit by ordinance. The ordinance shall set forth facts demonstrating the need for the line of credit, state the amount to be borrowed, establish a maximum interest rate limit not to exceed the maximum rate authorized by the Bond Authorization Act, and provide a date by which the borrowed funds shall be repaid. The ordinance shall authorize and direct the relevant officials to make arrangements to set apart and hold, as applicable, the moneys that will be used to repay the borrowing. In addition, the ordinance may authorize the relevant officials to make partial repayments on the line of credit as the moneys become available and may contain any other terms, restrictions, or limitations desirable or necessary to give effect to this subsection (j).
The Authority shall notify the Governor's Office of Management and Budget and the State Comptroller at least 30 days before establishing a line of credit and shall file with the Governor's Office of Management and Budget and the State Comptroller a certified copy of any ordinance authorizing the establishment of a line of credit upon or before establishing the line of credit.
Moneys borrowed under a line of credit pursuant to this subsection (j) are general obligations of the Authority that are secured by the full faith and credit of the Authority.
(Source: P.A. 101-485, eff. 8-23-19; 102-558, eff. 8-20-21.)
(70 ILCS 3615/4.05) (from Ch. 111 2/3, par. 704.05)
Sec. 4.05. 
		Financial Statements and Annual Reports. 
		Within six months after the end of each fiscal year, the Board shall
prepare a complete and detailed report consolidating the audits of the
Service Boards and reviewing the State of the Authority, the Service Boards,
and of the public transportation provided by the various Service Boards
and transportation
agencies. The report shall include evaluations of public transportation in
the metropolitan region and of the Authority's activities, and financial
statements of the Authority's and the Service Boards' revenues and expenditures
for such year and
of their assets and liabilities, which financial statements shall have been
audited by an independent certified public accountant. The report shall
also set forth the financial results as reported to the Service Boards from each
transportation agency which during such year had a purchase of service
agreement with a Service Board or which received financial
grants or
financial assistance from a Service Board, such results
to be set forth
separately for each such agency.  A sufficient
number of copies of each annual report shall be printed for distribution to
anyone, upon request, and a copy thereof shall be filed with the Governor,
the State Comptroller, the Speaker and Minority Leader of the Illinois
House of Representatives, the President and Minority Leader of the Illinois
Senate, the Mayor of the City of Chicago and the President or Chairman of
the county board of each county in the metropolitan region, each Service
Board, and with each
transportation agency which during such year had a purchase of service
agreement with a Service Board or which received financial
grants or other
financial assistance from a Service Board.
(Source: P.A. 83-1362.)
(70 ILCS 3615/4.06) (from Ch. 111 2/3, par. 704.06)
Sec. 4.06. Public bidding.
(a) The Board shall adopt regulations to ensure
that the acquisition by the Authority or a Service Board
other than the Chicago Transit Authority of services or public
transportation facilities (other than real estate) involving a cost of more
than the small purchase threshold set by the Federal Transit Administration and the disposition of all property of the Authority or a
Service Board other than the Chicago Transit Authority shall be after
public notice and with public bidding. The Board shall adopt regulations to ensure that the construction, demolition, rehabilitation, renovation, and building maintenance projects by the Authority or a Service Board other than the Chicago Transit Authority for services or public transportation facilities involving a cost of more than $40,000 shall be after public notice and with public bidding. Such regulations may provide for
exceptions to such requirements for acquisition of repair parts, accessories,
equipment or services previously furnished or contracted for; for the
immediate delivery of supplies, material or equipment or performance of
service when it is determined by the concurrence of two-thirds of the then
Directors that an emergency requires immediate delivery or supply thereof;
for goods or services that are economically procurable from only one
source; for contracts for the maintenance or servicing of equipment which
are made with the manufacturers or authorized service agent of that
equipment where the maintenance or servicing can best be performed by the
manufacturer or authorized service agent or such a contract would be
otherwise advantageous to the Authority or a Service Board, other
than the Chicago Transit Authority, except that the exceptions in this
clause shall not apply to contracts for plumbing, heating, piping,
refrigeration and automatic temperature control systems, ventilating and
distribution systems for conditioned air, and electrical wiring; for goods
or services procured from another governmental agency; for purchases and
contracts for the use or purchase of data processing equipment and data
processing systems software; for the acquisition of professional or
utility services; and for the acquisition of public transportation
equipment including, but not limited to, rolling stock, locomotives and
buses, provided that: (i) it is determined by a vote of 2/3 of the then
Directors of the Service Board making the acquisition that a negotiated
acquisition offers opportunities with respect to the cost or financing of
the equipment, its delivery, or the performance of a portion of the work
within the State or the use of goods produced or
services provided within the State; (ii) a notice of intention to negotiate
for the acquisition of such public transportation equipment is published in
a newspaper of general circulation within the City of Chicago inviting
proposals from qualified vendors; and (iii) any contract with respect to
such acquisition is authorized by a vote of 2/3 of the then Directors of
the Service Board making the acquisition. The requirements set forth
in this Section shall not apply to purchase of service
agreements or other
contracts, purchases or sales entered into by the Authority with any
transportation agency or unit of local government.
(b) (1) In connection with two-phase design/build selection procedures
authorized in this Section, a Service Board may authorize, by
the affirmative vote of two-thirds of the then members of the
Service Board, the use of competitive selection and the prequalification of
responsible bidders consistent with applicable federal regulations and this
subsection (b).
(2) Two-phase design/build selection procedures shall     consist of the following:
(i) A Service Board shall develop, through         licensed architects or licensed engineers, a scope of work statement for inclusion in the solicitation for phase-one proposals that defines the project and provides prospective offerors with sufficient information regarding the Service Board's requirements.  The statement shall include criteria and preliminary design, and general budget parameters and general schedule or delivery requirements to enable the offerors to submit proposals which meet the Service Board's needs. When the two-phase design/build selection procedure is used and the Service Board contracts for development of the scope of work statement, the Service Board shall contract for architectural or engineering services as defined by and in accordance with the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act and all applicable licensing statutes.
(ii) The evaluation factors to be used in         evaluating phase-one proposals must be stated in the solicitation and must include specialized experience and technical competence, capability to perform, past performance of the offeror's team (including the architect-engineer and construction members of the team) and other appropriate technical and qualifications factors.  Each solicitation must establish the relative importance assigned to the evaluation factors and the subfactors that must be considered in the evaluation of phase-one proposals on the basis of the evaluation factors set forth in the solicitation.  Each design/build team must include a licensed design professional independent from the Service Board's licensed architect or engineer and a licensed design professional must be named in the phase-one proposals submitted to the Service Board.
(iii) On the basis of the phase-one proposal the         Service Board shall select as the most highly qualified the number of offerors specified in the solicitation and request the selected offerors to submit phase-two competitive proposals and cost or price information.  Each solicitation must establish the relative importance assigned to the evaluation factors and the subfactors that must be considered in the evaluation of phase-two proposals on the basis of the evaluation factors set forth in the solicitation.  A Service Board may negotiate with the selected design/build team after award but prior to contract execution for the purpose of securing better terms than originally proposed, provided the salient features of the design/build solicitation are not diminished. Each phase-two solicitation evaluates separately (A) the technical submission for the proposal, including design concepts or proposed solutions to requirements addressed within the scope of work, and (B) the evaluation factors and subfactors, including cost or price, that must be considered in the evaluations of proposals.
(iv) A design/build solicitation issued under the         procedures in this subsection (b) shall state the maximum number of offerors that are to be selected to submit competitive phase-two proposals.  The maximum number specified in the solicitation shall not exceed 5 unless the Service Board with respect to an individual solicitation determines that a specified number greater than 5 is in the best interest of the Service Board and is consistent with the purposes and objectives of the two-phase design/build selection process.
(v) All designs submitted as part of the         two-phase selection process and not selected shall be proprietary to the preparers.
(Source: P.A. 100-523, eff. 9-22-17.)
(70 ILCS 3615/4.07) (from Ch. 111 2/3, par. 704.07)
Sec. 4.07. 
		Bonds, Notes and Certificates to be Legal Investments.
The State, all units of local government, all public officers, banks,
bankers, trust companies, savings banks and institutions, building and loan
associations, savings and loan associations, investment companies and other
persons carrying on a banking business, insurance companies, insurance
associations and other persons carrying on an insurance business, and all
executors, administrators, guardians, trustees and other fiduciaries may
legally invest any sinking funds, monies or other funds belonging to them
or within their control in any bonds, notes or equipment trust certificates
issued pursuant to this Act, it being the purpose of this Section to
authorize the investment in such bonds, notes or certificates of all
sinking, insurance, retirement, compensation, pension and trust funds,
whether owned or controlled by private or public persons or officers:
provided, however, that nothing contained in this Section may be construed
as relieving any person, firm or corporation from any duty of exercising
reasonable care in selecting securities for purchase or investment.
(Source: P.A. 78-3rd S.S.-5.)
(70 ILCS 3615/4.08) (from Ch. 111 2/3, par. 704.08)
Sec. 4.08. 
		Exemption from Taxation. 
		The Authority and the Service Boards shall be exempt from all State
and unit of local
government taxes and registration and license fees other than as required
for motor vehicle registration in accordance with the "Illinois Vehicle
Code", as now or hereafter amended. All property of the Authority and
the Service Boards is
declared to be public property devoted to an essential public and
governmental function and purpose and shall be exempt from all taxes and
special assessments of the State, any subdivision thereof, or any unit of
local government.
(Source: P.A. 83-886.)
(70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09)
Sec. 4.09. Public Transportation Fund and the Regional Transportation
Authority Occupation and Use Tax Replacement Fund.
(a)(1)
 Except as otherwise provided in paragraph (4), as soon as possible after
the first day of each month, beginning July 1, 1984, upon certification of
the Department of Revenue, the Comptroller shall order transferred and the
Treasurer shall transfer from the General Revenue Fund to a special fund in the State Treasury to be known as the Public
Transportation Fund an amount equal to 25% of the net revenue, before the
deduction of the serviceman and retailer discounts pursuant to Section 9 of
the Service Occupation Tax Act and Section 3 of the Retailers' Occupation
Tax Act, realized from
any tax imposed by the Authority pursuant to
Sections 4.03 and 4.03.1 and 25% of the amounts deposited into the Regional
Transportation Authority tax fund created by Section 4.03 of this Act, from
the County and Mass Transit District Fund as provided in Section 6z-20 of
the State Finance Act and 25% of the amounts deposited into the Regional
Transportation Authority Occupation and Use Tax Replacement Fund from the
State and Local Sales Tax Reform Fund as provided in Section 6z-17 of the
State Finance Act.
On the first day of the month following the date that the Department receives revenues from increased taxes under Section 4.03(m) as authorized by Public Act 95-708, in lieu of the transfers authorized in the preceding sentence, upon certification of the Department of Revenue, the Comptroller shall order transferred and the Treasurer shall transfer from the General Revenue Fund to the Public Transportation Fund an amount equal to 25% of the net revenue, before the deduction of the serviceman and retailer discounts pursuant to Section 9 of the Service Occupation Tax Act and Section 3 of the Retailers' Occupation Tax Act, realized from (i) 80% of the proceeds of any tax imposed by the Authority at a rate of 1.25% in Cook County, (ii) 75% of the proceeds of any tax imposed by the Authority at the rate of 1% in Cook County, and (iii) one-third of the proceeds of any tax imposed by the Authority at the rate of 0.75% in the Counties of DuPage, Kane, Lake, McHenry, and Will, all pursuant to Section 4.03, and 25% of the net revenue realized from any tax imposed by the Authority pursuant to Section 4.03.1, and 25% of the amounts deposited into the Regional Transportation Authority tax fund created by Section 4.03 of this Act from the County and Mass Transit District Fund as provided in Section 6z-20 of the State Finance Act, and 25% of the amounts deposited into the Regional Transportation Authority Occupation and Use Tax Replacement Fund from the State and Local Sales Tax Reform Fund as provided in Section 6z-17 of the State Finance Act. As used in this Section, net revenue realized for a month shall be the revenue
collected by the State pursuant to Sections 4.03 and 4.03.1 during the
previous month from within the metropolitan region, less the amount paid
out during that same month as refunds to taxpayers for overpayment of
liability in the metropolitan region under Sections 4.03 and 4.03.1.
Notwithstanding any provision of law to the contrary, beginning on July 6, 2017 (the effective date of Public Act 100-23), those amounts required under this paragraph (1) of subsection (a) to be transferred by the Treasurer into the Public Transportation Fund from the General Revenue Fund shall be directly deposited into the Public Transportation Fund as the revenues are realized from the taxes indicated.
(2)  Except as otherwise provided in paragraph (4), on February 1, 2009 (the first day of the month following the effective date of Public Act 95-708) and each month thereafter, upon certification by the Department of Revenue, the  Comptroller shall order transferred and the Treasurer shall  transfer from the General Revenue Fund to the Public  Transportation Fund an amount equal to 5% of the net revenue,  before the deduction of the serviceman and retailer discounts pursuant to Section 9 of the Service Occupation Tax Act and Section 3 of the Retailers' Occupation Tax Act, realized from any tax imposed by the Authority pursuant to  Sections 4.03 and 4.03.1  and certified by the Department of Revenue under Section 4.03(n) of this Act to be paid to the Authority and 5% of the amounts deposited into the Regional Transportation Authority tax fund created by Section 4.03 of this Act from the County and Mass Transit District Fund as provided in Section 6z-20 of the State Finance Act, and 5% of the amounts deposited into the Regional Transportation Authority Occupation and Use Tax Replacement Fund from the State and Local Sales Tax Reform Fund as provided in Section 6z-17 of the State Finance Act, and 5% of the revenue realized by the Chicago Transit Authority as financial assistance from the City of Chicago from the proceeds of any tax imposed by the City of Chicago under Section 8-3-19 of the Illinois Municipal Code.
Notwithstanding any provision of law to the contrary, beginning on July 6, 2017 (the effective date of Public Act 100-23), those amounts required under this paragraph (2) of subsection (a) to be transferred by the Treasurer into the Public Transportation Fund from the General Revenue Fund shall be directly deposited into the Public Transportation Fund as the revenues are realized from the taxes indicated.
(3)  Except as otherwise provided in paragraph (4), as soon as possible after the first day of January, 2009 and each month thereafter, upon certification of the Department of Revenue with respect to the taxes collected under Section 4.03, the Comptroller shall order transferred and the Treasurer shall transfer from the General Revenue Fund to the Public Transportation Fund an amount equal to 25% of the net revenue, before the deduction of the serviceman and retailer discounts pursuant to Section 9 of the Service Occupation Tax Act and Section 3 of the Retailers' Occupation Tax Act, realized from (i) 20% of the proceeds of any tax imposed by the Authority at a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any tax imposed by the Authority at the rate of 1% in Cook County, and (iii) one-third of the proceeds of any tax imposed by the Authority at the rate of 0.75% in the Counties of DuPage, Kane, Lake, McHenry, and Will, all pursuant to Section 4.03, and the Comptroller shall order transferred and the Treasurer shall transfer from the General Revenue Fund to the Public Transportation Fund (iv) an amount equal to 25% of the revenue realized by the Chicago Transit Authority as financial assistance from the City of Chicago from the proceeds of any tax imposed by the City of Chicago under Section 8-3-19 of the Illinois Municipal Code.
Notwithstanding any provision of law to the contrary, beginning on July 6, 2017 (the effective date of Public Act 100-23), those amounts required under this paragraph (3) of subsection (a) to be transferred by the Treasurer into the Public Transportation Fund from the General Revenue Fund shall be directly deposited into the Public Transportation Fund as the revenues are realized from the taxes indicated.
(4) Notwithstanding any provision of law to the contrary, of the transfers to be made under paragraphs (1), (2), and (3) of this subsection (a) from the General Revenue Fund to the Public Transportation Fund, the first $150,000,000 that would have otherwise been transferred from the General Revenue Fund shall be transferred from the Road Fund. The remaining balance of such transfers shall be made from the General Revenue Fund.
(5) (Blank).
(6) (Blank).
(7) For State fiscal year 2020 only, notwithstanding any provision of law to the contrary, the total amount of revenue and deposits under this Section attributable to revenues realized during State fiscal year 2020 shall be reduced by 5%.
(8)   For State fiscal year 2021 only, notwithstanding any provision of law to the contrary, the total amount of revenue and deposits under this Section attributable to revenues realized during State fiscal year 2021 shall be reduced by 5%.
(b)(1) All moneys deposited in the Public Transportation Fund and the
Regional Transportation Authority Occupation and Use Tax Replacement Fund,
whether deposited pursuant to this Section or otherwise, are allocated to
the Authority, except for amounts appropriated to the Office of the Executive Inspector General as authorized by subsection (h) of Section 4.03.3 and amounts transferred to the Audit Expense Fund pursuant to Section 6z-27 of the State Finance Act. The Comptroller, as soon as
possible after each monthly transfer provided in this Section and after
each deposit into the Public Transportation Fund, shall order the Treasurer
to pay to the Authority out of the Public Transportation Fund the amount so
transferred or deposited. Any Additional State Assistance and Additional Financial Assistance paid to the Authority under this Section shall be expended by the Authority for its purposes as provided in this Act. The balance of the amounts paid to the Authority from the Public Transportation Fund shall be expended by the Authority as provided in Section 4.03.3. The
 Comptroller,
as soon as possible after each deposit into the Regional Transportation
Authority Occupation and Use Tax Replacement Fund provided in this Section
and Section 6z-17 of the State Finance Act, shall order the Treasurer
to pay to the Authority out of the Regional Transportation Authority
Occupation and Use Tax Replacement Fund the amount so deposited.  Such
amounts paid to the Authority may be expended by it for its purposes as
provided in this Act. The provisions directing the distributions from the Public Transportation Fund and the Regional Transportation Authority Occupation and Use Tax Replacement Fund provided for in this Section shall constitute an irrevocable and continuing appropriation of all amounts as provided herein. The State Treasurer and State Comptroller are hereby authorized and directed to make distributions as provided in this Section. (2) Provided, however, no moneys deposited under subsection (a)
of this Section shall be paid from the Public Transportation
Fund to the Authority or its assignee for any fiscal year until the Authority has certified to
the Governor, the Comptroller, and the Mayor of the City of Chicago that it
has adopted for that fiscal year an Annual Budget and Two-Year Financial Plan
 meeting the
requirements in Section 4.01(b).
(c) In recognition of the efforts of the Authority to enhance the mass
transportation facilities under its control, the State shall provide
financial assistance ("Additional State Assistance") in excess of the
amounts transferred to the Authority from the General Revenue Fund under
subsection (a) of this Section.   Additional State Assistance shall be
calculated as provided in
subsection (d), but shall in no event exceed the following
specified amounts with respect to the following State fiscal years:
1990
$5,000,000;
1991
$5,000,000;
1992
$10,000,000;
1993
$10,000,000;
1994
$20,000,000;
1995
$30,000,000;
1996
$40,000,000;
1997
$50,000,000;
1998
$55,000,000; and
each year thereafter
$55,000,000.
(c-5) The State shall provide financial assistance ("Additional Financial
Assistance") in addition to the Additional State Assistance provided by
subsection (c) and the amounts transferred to the Authority from the General
Revenue Fund under subsection (a) of this Section.  Additional Financial
Assistance provided by this subsection shall be calculated as provided in
subsection (d), but shall in no event exceed the following specified amounts
with respect to the following State fiscal years:
2000
$0;
2001
$16,000,000;
2002
$35,000,000;
2003
$54,000,000;
2004
$73,000,000;
2005
$93,000,000; and
each year thereafter
$100,000,000.
(d) Beginning with State fiscal year 1990 and continuing for each
State fiscal year thereafter, the Authority shall annually certify to the
State Comptroller and State Treasurer, separately with respect to each of
subdivisions (g)(2) and (g)(3) of Section 4.04 of this Act, the following
amounts:
(1) The amount necessary and required, during the     State fiscal year with respect to which the certification is made, to pay its obligations for debt service on all outstanding bonds or notes issued by the Authority under subdivisions (g)(2) and (g)(3) of Section 4.04 of this Act.
(2) An estimate of the amount necessary and required     to pay its obligations for debt service for any bonds or notes which the Authority anticipates it will issue under subdivisions (g)(2) and (g)(3) of Section 4.04 during that State fiscal year.
(3) Its debt service savings during the preceding     State fiscal year from refunding or advance refunding of bonds or notes issued under subdivisions (g)(2) and (g)(3) of Section 4.04.
(4) The amount of interest, if any, earned by the     Authority during the previous State fiscal year on the proceeds of bonds or notes issued pursuant to subdivisions (g)(2) and (g)(3) of Section 4.04, other than refunding or advance refunding bonds or notes.
The certification shall include a specific
schedule of debt service payments, including the date and amount of each
payment for all outstanding bonds or notes and an estimated schedule of
anticipated debt service for all bonds and notes it intends to issue, if any,
during that State fiscal year, including the estimated date and estimated
amount of each payment.
Immediately upon the issuance of bonds for which an estimated schedule
of debt service payments was prepared, the Authority shall file an amended
certification with respect to item (2) above, to specify the actual
schedule of debt service payments, including the date and amount of each
payment, for the remainder of the State fiscal year.
On the first day of each month of the
State fiscal year in which there are bonds outstanding with respect to which
the certification is made, the State Comptroller shall order transferred and
the State Treasurer shall transfer from the Road Fund to the
Public Transportation Fund the Additional State Assistance and Additional
Financial Assistance in an amount equal to the aggregate of
(i) one-twelfth of the sum of the amounts certified under items
(1) and (3) above less the amount certified under item (4) above, plus
(ii)
the amount required to pay debt service on bonds and notes
issued during the fiscal year, if any, divided by the number of months
remaining in the fiscal year after the date of issuance, or some smaller
portion as may be necessary under subsection (c)
or (c-5) of this Section for the relevant State fiscal year, plus
(iii) any cumulative deficiencies in transfers for prior months,
until an amount equal to the
sum of the amounts certified under items (1) and (3) above,
plus the actual debt service certified under item (2) above,
less the amount certified under item (4) above,
has been transferred; except that these transfers are subject to the
following limits:
(A) In no event shall the total transfers in any     State fiscal year relating to outstanding bonds and notes issued by the Authority under subdivision (g)(2) of Section 4.04 exceed the lesser of the annual maximum amount specified in subsection (c) or the sum of the amounts certified under items (1) and (3) above, plus the actual debt service certified under item (2) above, less the amount certified under item (4) above, with respect to those bonds and notes.
(B) In no event shall the total transfers in any     State fiscal year relating to outstanding bonds and notes issued by the Authority under subdivision (g)(3) of Section 4.04 exceed the lesser of the annual maximum amount specified in subsection (c-5) or the sum of the amounts certified under items (1) and (3) above, plus the actual debt service certified under item (2) above, less the amount certified under item (4) above, with respect to those bonds and notes.
The term "outstanding" does not include bonds or notes for which
refunding or advance refunding bonds or notes have been issued.
(e) Neither Additional State Assistance nor Additional Financial
Assistance may be pledged, either directly or
indirectly as general revenues of the Authority, as security for any bonds
issued by the Authority.  The Authority may not assign its right to receive
Additional State Assistance or Additional Financial Assistance, or direct
payment of Additional State
Assistance or Additional Financial Assistance, to a trustee or any other
entity for the
payment of debt service
on its bonds.
(f) The certification required under subsection (d) with respect to
outstanding bonds and notes of the Authority shall be
filed as early as practicable before the beginning of the State fiscal
year to which it relates.  The certification shall be revised as may be
necessary to accurately state the debt service requirements of the Authority.
(g) Within 6 months of the end of each fiscal year, the Authority shall determine:
(i) whether the aggregate of all system generated     revenues for public transportation in the metropolitan region which is provided by, or under grant or purchase of service contracts with, the Service Boards equals 50% of the aggregate of all costs of providing such public transportation.  "System generated revenues" include all the proceeds of fares and charges for services provided, contributions received in connection with public transportation from units of local government other than the Authority, except for contributions received by the Chicago Transit Authority from a real estate transfer tax imposed under subsection (i) of Section 8-3-19 of the Illinois Municipal Code, and from the State pursuant to subsection (i) of Section 2705-305 of the Department of Transportation Law, and all other revenues properly included consistent with generally accepted accounting principles but may not include: the proceeds from any borrowing, and, beginning with the 2007 fiscal year, all revenues and receipts, including but not limited to fares and grants received from the federal, State or any unit of local government or other entity, derived from providing ADA paratransit service pursuant to Section 2.30 of the Regional Transportation Authority Act. "Costs" include all items properly included as operating costs consistent with generally accepted accounting principles, including administrative costs, but do not include: depreciation; payment of principal and interest on bonds, notes or other evidences of obligations for borrowed money of the Authority; payments with respect to public transportation facilities made pursuant to subsection (b) of Section 2.20; any payments with respect to rate protection contracts, credit enhancements or liquidity agreements made under Section 4.14; any other cost as to which it is reasonably expected that a cash expenditure will not be made; costs for passenger security including grants, contracts, personnel, equipment and administrative expenses, except in the case of the Chicago Transit Authority, in which case the term does not include costs spent annually by that entity for protection against crime as required by Section 27a of the Metropolitan Transit Authority Act; the costs of Debt Service paid by the Chicago Transit Authority, as defined in Section 12c of the Metropolitan Transit Authority Act, or bonds or notes issued pursuant to that Section; the payment by the Commuter Rail Division of debt service on bonds issued pursuant to Section 3B.09; expenses incurred by the Suburban Bus Division for the cost of new public transportation services funded from grants pursuant to Section 2.01e of this Act for a period of 2 years from the date of initiation of each such service; costs as exempted by the Board for projects pursuant to Section 2.09 of this Act; or, beginning with the 2007 fiscal year, expenses related to providing ADA paratransit service pursuant to Section 2.30 of the Regional Transportation Authority Act; or in fiscal years 2008 through 2012 inclusive, costs in the amount of $200,000,000 in fiscal year 2008, reducing by $40,000,000 in each fiscal year thereafter until this exemption is eliminated. If said system generated revenues are less than 50% of said costs, the Board shall remit an amount equal to the amount of the deficit to the State; however, due to the fiscal impacts from the COVID-19 pandemic, for fiscal years 2021, 2022, 2023, 2024, and 2025, no such payment shall be required. The Treasurer shall deposit any such payment in the Road Fund; and
(ii) whether, beginning with the 2007 fiscal year,     the aggregate of all fares charged and received for ADA paratransit services equals the system generated ADA paratransit services revenue recovery ratio percentage of the aggregate of all costs of providing such ADA paratransit services.
(h) If the Authority makes any payment to the State under paragraph (g),
the Authority shall reduce the amount provided to a Service Board from funds
transferred under paragraph (a) in proportion to the amount by which
that Service Board failed to meet its required system generated revenues
recovery ratio. A Service Board which is affected by a reduction in funds
under this paragraph shall submit to the Authority concurrently with its
next due quarterly report a revised budget incorporating the reduction in
funds.  The revised budget must meet the criteria specified in clauses (i)
through (vi) of Section 4.11(b)(2).  The Board shall review and act on the
revised budget as provided in Section 4.11(b)(3).
(Source: P.A. 102-678, eff. 12-10-21; 103-281, eff. 1-1-24.)
(70 ILCS 3615/4.10) (from Ch. 111 2/3, par. 704.10)
Sec. 4.10. 
		Agreements with the Chicago Transit Authority. 
		The Authority shall not for any fiscal year of the Authority release to the
Chicago Transit Authority any funds except for the proceeds of taxes imposed
by the Authority under Sections 4.03 and 4.03.1 which are allocated to the
Chicago Transit Authority under Section 4.01(d) unless a unit or units
of local government in
Cook County (other than the Chicago Transit Authority) enters or enter into
an agreement with the Chicago Transit Authority to make a monetary contribution
for such
year of at least $5,000,000 for public transportation.
Except as otherwise provided in this Section, the Authority shall not
for any fiscal year of the Authority release to the Chicago Transit
Authority any funds except for the proceeds of taxes imposed by the Authority
under Sections 4.03 and 4.03.1 which are allocated to the Chicago Transit
Authority under Section 4.01(d) unless the County of Cook and City of
Chicago continue to provide services
to the Chicago Transit Authority at the same level and on the same basis as
are being provided by such units as of the effective date of this Act. The
Authority may from time to time approve reductions in the level and basis
of services to be provided pursuant to this Section.
(Source: P.A. 83-886.)
(70 ILCS 3615/4.11) (from Ch. 111 2/3, par. 704.11)
Sec. 4.11. Budget Review Powers.
(a)  Based
upon estimates which shall be given to the Authority by the Director of
the
Governor's Office of Management and Budget (formerly
Bureau of the Budget) of the receipts to be received by the
Authority from the 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 Service Board of the amounts estimated by the Board to be available
for such Service Board during such fiscal year and the 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, consider the written determination of the Executive Director, made pursuant to Section 2.01d, of the costs of ADA paratransit services that are required to be provided under the federal Americans with Disabilities Act of 1990 and its implementing regulations, and shall amend the current year budgets of the Authority and the Service Boards to provide for additional funding for the provision of ADA paratransit services, if needed. 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 the next fiscal year which shall be the percentage of the aggregate costs of providing ADA paratransit services by or under jurisdiction of that Service Board which must be recovered from fares charged for such services, except that such required system generated ADA paratransit services revenue recovery ratio shall not exceed the minimum percentage established pursuant to Section 4.01(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 jurisdiction 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 Service Boards.  The Board may, by ordinance,
provide that (i) the cost of research and development projects in the
fiscal year beginning January 1, 1986 and ending December 31, 1986
conducted pursuant to Section 2.09 of this Act, (ii) 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, the Board may also allocate the exemption of $200,000,000 and the reducing amounts 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.
(b)(1) Not later than the next preceding November 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 budgetary 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 Authority pursuant to subsection (a) of this Section.
(2) The Board shall review the proposed budget and two-year
financial plan submitted
by each Service Board.  The Board shall approve the budget and two-year financial plan of a Service Board if:
(i)  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 specified and of funding any operating deficits or encumbrances incurred in prior periods, including provision for payment when due of principal and interest on outstanding indebtedness;
(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 and expenses as incurred;
(iii)  such budget and plan 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 such Service Board sufficient to allow the Service Board to meet its required system generated revenue recovery ratio and, beginning with the 2007 fiscal year, system generated ADA paratransit services revenue recovery ratio;
(iv)  such budget and plan are based upon and employ     assumptions and projections which are reasonable and prudent;
(v)  such budget and plan have been prepared in     accordance with sound financial practices as determined by the Board;
(vi)  such budget and plan meet such other financial,     budgetary, or fiscal requirements that the Board may by rule or regulation establish; and
(vii) such budget and plan are consistent with the     goals and objectives adopted by the Authority in the Strategic Plan.
(3) (Blank).
(4) Unless the Board by an affirmative vote of 12
 of the then Directors
determines that the budget and financial plan of a Service Board meets the
criteria specified in clauses (i)
 through (vii) of subparagraph (2) of
this paragraph (b), the Board shall withhold from that Service Board 25% of
 the cash proceeds of taxes imposed by the Authority under Section 4.03
and Section 4.03.1 and received after February 1 and 25% of the amounts transferred to the Authority from the Public Transportation Fund under Section 4.09(a) (but not including Section 4.09(a)(3)(iv))  after February 1 that the Board has estimated to 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.
(5) If the Board has not found that the budget and financial plan of a
Service Board meets 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
 adopt a budget and
financial plan meeting such criteria for that Service Board.
(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 to be collected by 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 revised estimates require, in the judgment
of the Board, that the system generated revenues recovery ratio of one or
more 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 such revised estimates or ratio.
(2) Each Service Board shall, within such period after the end of each
fiscal quarter as shall be specified by the Board, report to the Authority
its financial condition and results of operations and the financial condition
and results of operations of the public transportation services subject
to its 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 Board's budget for such period, the Board shall so advise
such Service Board and such Service Board shall within the period specified
by the Board submit a revised budget incorporating 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 (i)
 through (vii) of
subparagraph
(2) of paragraph (b) of this Section, the Board shall withhold from that Service Board 25% of the cash proceeds of taxes imposed by the Authority
under Section 4.03 or 4.03.1 and received by the Authority after February 1 and 25% of the amounts transferred to the Authority from the Public Transportation Fund under Section 4.09(a) (but not including Section 4.09(a)(3)(iv)) after February 1 that the Board has estimated to be available to that Service Board under
Section 4.11(a).  If the Service Board submits a revised financial plan and
budget which plan and budget shows that the criteria will be met within
a four quarter period, the Board shall release any such withheld funds to the
Service Board.  The Board by the affirmative vote of at least 12
 of its then Directors may
require a Service Board to submit a revised financial plan and budget which
shows that the criteria will be met in a time period less than four quarters.
(d) All budgets and financial plans, financial statements, audits and
other information presented to the Authority pursuant to this Section or
which may be required by the Board to permit 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
specified by the Board, shall present such information as the Authority shall prescribe that fairly presents the condition of any pension plan or trust for health care benefits 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 identify and describe the assumptions and
projections employed in the preparation
thereof to the extent required by the Board.  If the Executive Director certifies that a Service Board has not presented its budget and two-year financial plan in conformity with the rules adopted by the Authority under the provisions of Section 4.01(f) and this subsection (d), and such certification is accepted by the affirmative vote of at least 12 of the then Directors of the Authority, the Authority 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 of transportation services
and fares or charges therefor as it deems appropriate and necessary in the
preparation of a budget and financial plan meeting the criteria set forth
in clauses (i)
 through (vii) of subparagraph (2) of paragraph (b) of this
Section.  The Authority
 shall have access to and the right to examine and copy
all books, documents, papers, records, or other source data of a Service
Board relevant to any information submitted pursuant to 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 incorporated in a
written report of the Board and such report shall be submitted within 10
days after such determinations are made to
the Governor, the Mayor of Chicago (if such determinations relate to the
Chicago Transit Authority), and the Auditor General of Illinois.
(Source: P.A. 97-399, eff. 8-16-11.)
(70 ILCS 3615/4.12) (from Ch. 111 2/3, par. 704.12)
Sec. 4.12. 
		RTA Strategic Capital Improvement Program. 
		The program
created by this amendatory Act of 1989 in Sections 4.12 and 4.13 shall be
known as the RTA Strategic Capital Improvement Program (the "Strategic
Capital Improvement Program"). The Strategic Capital Improvement Program
will enhance the ability of the Authority to acquire, repair or replace
public transportation facilities in the metropolitan region and shall be
financed through the issuance of bonds or notes authorized for Strategic Capital Improvement Projects under
Section 4.04 of this Act.  The Program is intended as a supplement to the
ongoing capital development activities of the Authority and the Service
Boards financed with grants, loans and other moneys made available by the
federal government or the State of Illinois.  The Authority and the Service
Boards shall continue to seek, receive and expend all available grants,
loans and other moneys.
Any contracts for architectural or engineering services
for projects approved pursuant to Section 4.13 shall comply with the
requirements set forth in "An Act concerning municipalities, counties and
other political subdivisions", as now or hereafter amended.
(Source: P.A. 91-37, eff. 7-1-99.)
(70 ILCS 3615/4.13) (from Ch. 111 2/3, par. 704.13)
Sec. 4.13. Annual Capital Improvement Plan.
(a) With respect to each calendar year, the Authority shall prepare as
part of its Five Year Program an Annual Capital Improvement Plan (the
"Plan") which shall describe its intended development and implementation of
the Strategic Capital Improvement Program.  The Plan shall include the
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     Authority 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 capital development activities;
(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 to or possessed by the Authority or a Service Board but which had not been obligated was less than $350,000,000, or a 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 committed 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 Section 4.01 of this Act;
(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 such bonds and the estimated additional debt service payments through June 30 of the following calendar year expected to result from bonds to be sold prior thereto;
(vi) a long-range summary of the Strategic Capital     Improvement Program describing the projects to be funded through the Program with respect to project cost, category, location, and implementing entity, and presenting a financial plan including an estimated time schedule for obligating funds for the performance of approved projects, issuing bonds, expending bond proceeds and paying debt service throughout the duration of the Program; and
(vii) the source of funding for each project in the     Plan.  For any project for which full funding has not yet been secured and which is not subject to a federal full funding contract, the Authority must identify alternative, dedicated funding sources available to complete the project.  The Governor may waive this requirement on a project by project basis.
(b) The Authority shall submit the Plan with respect to any calendar
year to the Governor on or before January 15 of that year, or as soon as
possible thereafter; provided, however, that the Plan shall be adopted on
the affirmative votes of 12

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 Authority shall not request approval of the
Plan from the Governor in any calendar year in which it is unable to make the
certifications required under items (ii), (iii) and (iv) of subsection (a).
In no event shall the Authority seek approval of the Plan from the Governor for
projects in an aggregate amount exceeding the proceeds of bonds or notes
for Strategic Capital Improvement Projects issued under Section 4.04 of this
Act.
(d) The Governor may 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 to make
the certifications required under 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 issued under
Section 4.04 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 issued for Strategic Capital 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 which project
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 or notes for
Strategic Capital Improvement Projects issued under Section 4.04 of this Act.
(Source: P.A. 94-839, eff. 6-6-06; 95-708, eff. 1-18-08.)
(70 ILCS 3615/4.14) (from Ch. 111 2/3, par. 704.14)
Sec. 4.14. Rate Protection Contract. "Rate Protection Contract" means
interest rate price exchange agreements; currency exchange agreements;
forward payment conversion agreements; contracts providing for payment 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 payments; contracts, 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, spread or similar exposure; the obligation, right, or
option to 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 the
Authority's or an obligor's risk exposure; repurchase agreements;
securities lending agreements; and other agreements or arrangements similar
to the 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 the benefit of the holders
of its obligations or their trustee, may enter into rate protection
contracts.  The Authority may enter into rate protection contracts only
pursuant to a determination by a vote of 12
 of the then Directors that the
terms of the contracts and any related agreements reduce the risk of loss
to the Authority, or protect, preserve or enhance the value of its assets,
or provide compensation to the Authority for losses resulting from changes
in interest rates.  The Authority's obligations
under any rate protection contract or credit enhancement or 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 contract
determined by the Authority as necessary or appropriate to permit it to
manage payment, currency or interest rate risks or levels.
(Source: P.A. 95-708, eff. 1-18-08.)
(70 ILCS 3615/4.15)
Sec. 4.15. Revolving door prohibition.  No Director, Service Board director or member, former Director, or former Service Board director or member shall, during his or her term and for a period of one year immediately after the end of his or her term, engage in business dealings with, knowingly accept employment from, or receive compensation or fees for services from the Regional Transportation Authority, the Suburban Bus Board, the Commuter Rail Board or the Chicago Transit Board. This prohibition shall not apply to any business dealings engaged in by the Director or Service Board director or member in the course of his or her official duties or responsibilities as a Director or Service Board director or member.
(Source: P.A. 98-1027, eff. 1-1-15.)
(70 ILCS 3615/4.16)
Sec. 4.16. Severance and employment-related settlement agreements.  If any of the Service Boards seek to enter into a severance agreement in excess of $50,000 or an employment-related settlement agreement in excess of $200,000, that agreement shall be reviewed by the Board prior to execution for a period of 14 days. After 14 days, the agreement shall be considered reviewed. The Board shall review the agreement to determine whether the terms are reasonable and in the region's best interest. The Service Boards may only enter into severance agreements or employment-related settlement agreements that have been reviewed by the Board.
(Source: P.A. 98-1027, eff. 1-1-15.)