Bill Text: IL SB2277 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends Regional Transportation Authority Act. Provides that Metra Electric District Line and Rock Island District Line fares for transportation wholly within the City of Chicago shall be equal to the fares set by the Chicago Transit Board for rail transportation. Provides that fares for Electric District Line and Rock Island District Line transportation that originates or concludes outside of the City of Chicago shall be set by the Commuter Rail Board and be based on the zone in which the transportation originates and concludes. Provides that the Commuter Rail Board shall accept the Ventra card for use on the Electric District and Rock Island District Lines and riders using the Ventra card shall pay through the Ventra application or at a station. Provides that the Commuter Rail Board shall adopt a policy to periodically check riders' tickets, including Ventra tickets, on the Electric District and Rock Island District Lines to determine whether a rider has paid for transportation at the station or on the Ventra application. Provides that lost revenue experienced by the Commuter Rail Board due to the implementation of any requirement relating to specified Electric District Line and Rock Island District Line fare provisions are not "costs" in the calculation of whether fares and charges received in each fiscal year equal at least 50% of the aggregate costs of providing public transportation. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB2277 Detail]

Download: Illinois-2019-SB2277-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB2277 Introduced 10/28/2019, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED:
70 ILCS 3615/3B.09c new
70 ILCS 3615/4.01 from Ch. 111 2/3, par. 704.01
70 ILCS 3615/4.09 from Ch. 111 2/3, par. 704.09
Amends Regional Transportation Authority Act. Provides that Metra Electric District Line and Rock Island District Line fares for transportation wholly within the City of Chicago shall be equal to the fares set by the Chicago Transit Board for rail transportation. Provides that fares for Electric District Line and Rock Island District Line transportation that originates or concludes outside of the City of Chicago shall be set by the Commuter Rail Board and be based on the zone in which the transportation originates and concludes. Provides that the Commuter Rail Board shall accept the Ventra card for use on the Electric District and Rock Island District Lines and riders using the Ventra card shall pay through the Ventra application or at a station. Provides that the Commuter Rail Board shall adopt a policy to periodically check riders' tickets, including Ventra tickets, on the Electric District and Rock Island District Lines to determine whether a rider has paid for transportation at the station or on the Ventra application. Provides that lost revenue experienced by the Commuter Rail Board due to the implementation of any requirement relating to specified Eclectic District Line and Rock Island District Line fare provisions are not "costs" in the calculation of whether fares and charges received in each fiscal year equal at least 50% of the aggregate costs of providing public transportation. Effective immediately.
LRB101 14271 AWJ 63148 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
SB2277 LRB101 14271 AWJ 63148 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Regional Transportation Authority Act is
amended by changing Sections 4.01 and 4.09 and by adding
Section 3B.09c as follows:
(70 ILCS 3615/3B.09c new)
Sec. 3B.09c. Electric District Line and Rock Island
District Line Ventra fares.
(a) Electric District Line and Rock Island District Line
fares for transportation wholly within the City of Chicago
shall be equal to the fares set by the Chicago Transit Board
for rail transportation.
(b) Fares for Electric District Line and Rock Island
District Line transportation that originates or concludes
outside of the City of Chicago shall be set by the Commuter
Rail Board and be based on the zone in which the transportation
originates and concludes.
(c) The Commuter Rail Board shall accept the Ventra card
for use on the Electric District and Rock Island District
Lines. Riders using the Ventra card shall pay through the
Ventra application or at a station. The Commuter Rail Board
shall adopt a policy to periodically check riders' tickets,

SB2277 - 2 - LRB101 14271 AWJ 63148 b
including Ventra tickets, on the Electric District and Rock
Island District Lines to determine whether a rider has paid for
transportation at the station or on the Ventra application.
(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.

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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

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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. "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

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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

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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 any lost revenue experienced
by the Commuter Rail Board due to the implementation of any
requirement of Section 3B.09c; 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

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aggregate costs of providing such ADA paratransit
services. For purposes of this Act, the percentages in this
subsection (b)(ii) shall be referred to as the "system
generated ADA paratransit services revenue recovery
ratio". For purposes of the system generated ADA
paratransit services revenue recovery ratio, "costs" shall
include all items properly included as operating costs
consistent with generally accepted accounting principles.
However, the Board may exclude from costs an amount that
does not exceed the allowable "capital costs of
contracting" for ADA paratransit services pursuant to the
Federal Transit Administration guidelines for the
Urbanized Area Formula Program.
(c) The actual administrative expenses of the Authority for
the fiscal year commencing January 1, 1985 may not exceed
$5,000,000. The actual administrative expenses of the
Authority for the fiscal year commencing January 1, 1986, and
for each fiscal year thereafter shall not exceed the maximum
administrative expenses for the previous fiscal year plus 5%.
"Administrative expenses" are defined for purposes of this
Section as all expenses except: (1) capital expenses and
purchases of the Authority on behalf of the Service Boards; (2)
payments to Service Boards; and (3) payment of principal and
interest on bonds, notes or other evidence of obligation for
borrowed money issued by the Authority; (4) costs for passenger
security including grants, contracts, personnel, equipment and

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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

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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

SB2277 - 10 - LRB101 14271 AWJ 63148 b
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

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Metropolitan Agency for Planning, or transportation planning
agencies in the metropolitan region shall furnish to the
Authority such information pertaining to public transportation
or relevant for plans therefor as it may from time to time
require. The Executive Director, or his or her designee, shall,
for the purpose of securing any such information necessary or
appropriate to carry out any of the powers and responsibilities
of the Authority under this Act, have access to, and the right
to examine, all books, documents, papers or records of a
Service Board or any transportation agency receiving funds from
the Authority or Service Board, and such Service Board or
transportation agency shall comply with any request by the
Executive Director, or his or her designee, within 30 days or
an extended time provided by the Executive Director.
(h) No Service Board shall undertake any capital
improvement which is not identified in the Five-Year Capital
Program.
(i) Each Service Board shall furnish to the Board access to
its financial information including, but not limited to, audits
and reports. The Board shall have real-time access to the
financial information of the Service Boards; however, the Board
shall be granted read-only access to the Service Board's
financial information.
(Source: P.A. 98-1027, eff. 1-1-15.)
(70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09)

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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

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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

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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

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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,

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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).

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(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%.
(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

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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

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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

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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

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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

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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.

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(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

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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,

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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; and any lost
revenue experienced by the Commuter Rail Board due to the
implementation of any requirement of Section 3B.09c. If
said system generated revenues are less than 50% of said
costs, the Board shall remit an amount equal to the amount

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of the deficit to the State. The Treasurer shall deposit
any such payment in the Road Fund; and
(ii) whether, beginning with the 2007 fiscal year, the
aggregate of all fares charged and received for ADA
paratransit services equals the system generated ADA
paratransit services revenue recovery ratio percentage of
the aggregate of all costs of providing such ADA
paratransit services.
(h) If the Authority makes any payment to the State under
paragraph (g), the Authority shall reduce the amount provided
to a Service Board from funds transferred under paragraph (a)
in proportion to the amount by which that Service Board failed
to meet its required system generated revenues recovery ratio.
A Service Board which is affected by a reduction in funds under
this paragraph shall submit to the Authority concurrently with
its next due quarterly report a revised budget incorporating
the reduction in funds. The revised budget must meet the
criteria specified in clauses (i) through (vi) of Section
4.11(b)(2). The Board shall review and act on the revised
budget as provided in Section 4.11(b)(3).
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
101-10, eff. 6-5-19.)
Section 99. Effective date. This Act takes effect upon
becoming law.