093_SB0685

 
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 1        AN ACT concerning transportation.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Local  Mass  Transit  District  Act is
 5    amended by changing Sections 2, 3, 3.01, 3.5, 4, 5, 5.01, and
 6    8.1 as follows:

 7        (70 ILCS 3610/2) (from Ch. 111 2/3, par. 352)
 8        Sec. 2.  For the purposes of this Act:
 9        (a)  "Mass  transit  facility"  means  any  local  public
10    transportation facility,  whether  buses,  trolley-buses,  or
11    railway  systems, utilized by a substantial number of persons
12    for their daily transportation, and  includes  not  only  the
13    local public transportation facility itself but ancillary and
14    supporting  facilities  such  as,  for example, motor vehicle
15    parking facilities, as well.
16        (b)  "Participating municipality and  county"  means  the
17    municipality  or  municipalities, county or counties creating
18    the local Mass Transit District pursuant to Section 3 of this
19    Act.
20        (c)  "Municipality" means a city, village,  township,  or
21    incorporated town.
22        (d)  "Corporate  authorities"  means (1) the city council
23    or similar body of a city,  (2)  the  board  of  trustees  or
24    similar  body  of  a  village  or  incorporated town, (3) the
25    council of  a  municipality  under  the  commission  form  of
26    municipal  government,  and  (4)  the  board of trustees in a
27    township.
28        (e)  "County  board"  means  the  governing  board  of  a
29    county.
30        (f)  "District"  means  a  local  Mass  Transit  District
31    created pursuant to Section 3 of this Act.
 
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 1        (g)  "Board" means the Board of Trustees of a local  Mass
 2    Transit District created pursuant to Section 3 of this Act.
 3        (h)  "Interstate transportation authority" shall mean any
 4    political  subdivision  created by compact between this State
 5    and another state, which is a body corporate and politic  and
 6    a political subdivision of both contracting states, and which
 7    operates a public mass transportation system;
 8        (i)  "Metro East Mass Transit District" means one or more
 9    local  mass  transit  districts created pursuant to this Act,
10    composed only of Madison, St. Clair or  Monroe  Counties,  or
11    any  combination  thereof  or  any  territory annexed to such
12    district.
13        (j)  "Public mass transportation  system"  shall  mean  a
14    transportation  system  or  systems  owned and operated by an
15    interstate   transportation   authority,   a    municipality,
16    District,  or  other  public  or private authority, employing
17    motor busses, rails or any  other  means  of  conveyance,  by
18    whatsoever  type  or  power,  operated  for public use in the
19    conveyance of persons, mainly providing local  transportation
20    service   within   an   interstate  transportation  district,
21    municipality, or county.
22    (Source: P.A. 82-783.)

23        (70 ILCS 3610/3) (from Ch. 111 2/3, par. 353)
24        Sec. 3.  For  the  purpose  of  acquiring,  constructing,
25    owning, operating and maintaining mass transit facilities for
26    public  service  or subsidizing the operation thereof a local
27    Mass Transit District may be created, composed of one or more
28    municipalities or one or more  counties  or  any  combination
29    thereof,  by  ordinance  approved  by  a majority vote of the
30    corporate authorities or by resolution approved by a majority
31    vote of the county board of each  participating  municipality
32    and county, and any county participating in a Metro East Mass
33    Transit  District may terminate its participation in the same
 
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 1    manner. A Metro East Mass Transit District created by one  or
 2    more  counties  shall include: (1) those townships which were
 3    served by regularly scheduled mass transit routes operated by
 4    an interstate transportation authority on June 1,  1980;  (2)
 5    in  the  case of a county without townships, any municipality
 6    or unincorporated portion of a road district which was served
 7    by regularly scheduled mass transit  routes  operated  by  an
 8    interstate  transportation authority on June 1, 1980; (3) any
 9    other townships  or  municipalities  whose  participation  is
10    approved  by  ordinance  adopted  by a majority vote of their
11    Board of Trustees or corporate authorities; plus (4)  in  the
12    case  of  a  county  without  townships,  the  unincorporated
13    portion  of  any road district, the participation of which is
14    approved by an ordinance adopted by a majority  vote  of  the
15    Board  of Commissioners of the county in which it is located.
16    Such District shall  be  known  as  the  "....  Mass  Transit
17    District",  inserting all or any significant part of the name
18    or names of the municipality or the county, or both, creating
19    the District, or a name descriptive of the area to be  served
20    if  the  District  is  created by more than one municipality,
21    more than one county, or any combination thereof.
22        The District created pursuant to  this  Act  shall  be  a
23    municipal  corporation  and  shall  have the right of eminent
24    domain to acquire private property which is necessary for the
25    purposes of  the  District,  and  shall  have  the  power  to
26    contract  for  public  mass transportation with an Interstate
27    Transportation Authority.
28        Upon the creation of  any  District,  the  clerk  of  the
29    municipality  or  of the county, or the clerks of the several
30    municipalities or counties, as the case may be, shall certify
31    a copy of the ordinance or resolution creating the  District,
32    and  the  names  of  the  persons  first  appointed  Trustees
33    thereof,  and  shall  file the same with the county clerk for
34    recording as certificates of  incorporation  and  the  county
 
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 1    clerk  shall  cause  duplicate certified copies thereof to be
 2    filed with the Secretary of State.
 3    (Source: P.A. 81-1471.)

 4        (70 ILCS 3610/3.01) (from Ch. 111 2/3, par. 353.01)
 5        Sec. 3.01.  Any municipality or county may be annexed  to
 6    a  District, other than a Metro East Transit District, formed
 7    pursuant to Section 3 when the District has no  tax  levy  in
 8    effect  and  has  no  bonded  indebtedness  if a petition for
 9    annexation is adopted by an ordinance or resolution  approved
10    by  a  majority  vote  of  the  corporate authorities of such
11    municipality or the county board  of  such  county  and  such
12    ordinance  or  resolution  is  approved  by a 2/3 vote of the
13    members of the board of trustees of the District.   Upon  the
14    approval  of  such  a  petition of annexation by the board of
15    trustees of a District, a certified copy of the ordinance  of
16    annexation  shall  be  filed by the secretary of the board in
17    the  same  manner  as  provided  for  upon  creation  of  the
18    District.
19        Any  contiguous  township  of  any  county,  not  already
20    participating in  a  Metro  East  Transit  District,  may  be
21    annexed to a Metro East Transit District formed by one county
22    pursuant  to Section 3 of this Act, provided that township is
23    within such county, if a petition for  annexation,  which  is
24    signed  by  at least 10% of the registered voters in the last
25    general election who are residents  of  the  township  to  be
26    annexed  or approved by a majority vote of the township board
27    of the township to  be  annexed,  is  adopted  by  resolution
28    approved  by a majority vote of the county board in which the
29    District was formed of such county  and  such  resolution  is
30    approved  by  a  2/3  vote  of  the  members  of the board of
31    trustees  of  the  District.   Upon   the  approval  of  such
32    petition  of  annexation  by  the  board  of  trustees  of  a
33    District, a certified copy of  the  ordinance  of  annexation
 
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 1    shall  be  filed  by  the  secretary of the board in the same
 2    manner as provided for upon creation of the District.
 3    (Source: P.A. 85-779.)

 4        (70 ILCS 3610/3.5) (from Ch. 111 2/3, par. 353.5)
 5        Sec.  3.5.  If  the  district  acquires  a  mass  transit
 6    facility,  all  of  the  employees  in  the   operating   and
 7    maintenance  divisions  of such mass transit facility and all
 8    other employees except executive and administrative  officers
 9    and  employees,  shall  be  transferred  to  and appointed as
10    employees of the district, subject to all rights and benefits
11    of this Act, and these employees  shall  be  given  seniority
12    credit in accordance with the records and labor agreements of
13    the  mass  transit facility. Employees who left the employ of
14    such a mass transit facility to enter the military service of
15    the United States shall  have  the  same  rights  as  to  the
16    district,   under   the  provisions  of  the  "Service  Men's
17    Employment Tenure Act", approved July 17, 1941, as they would
18    have had thereunder as to such mass transit  facility.  After
19    such  acquisition the district shall be required to extend to
20    such former employees of such mass transit facility only  the
21    rights  and  benefits  as  to  pensions and retirement as are
22    accorded other employees of the district.
23    (Source: Laws 1959, p. 1635.)

24        (70 ILCS 3610/4) (from Ch. 111 2/3, par. 354)
25        Sec. 4.  The powers of the local  Mass  Transit  District
26    shall  repose  in,  and be exercised by, a Board of Trustees.
27    If the District is created by only one municipality  or  only
28    one  county  the  corporate  authorities  or the county board
29    chairman with  the  consent  of  the  county  board  of  such
30    municipality  or  county shall appoint either 3 or 5 trustees
31    to the Board; provided that in any Metro  East  Mass  Transit
32    District  created  by  a  single  county, 5 trustees shall be
 
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 1    appointed and the trustees so  appointed  shall  be:   (1)  a
 2    mayor  of  a  municipality  within the District county; (2) a
 3    township supervisor from within the District such county,  or
 4    if  in  a  county  without township supervisors, another such
 5    mayor within the District; (3) the county board  chairman  in
 6    which  the  District  was  formed  or such other county board
 7    member as he shall  designate;  and  (4)  2  members  of  the
 8    general  public.    If the District is created by one or more
 9    municipalities or one or more  counties  or  any  combination
10    thereof,  the  corporate  authorities  or  the  county  board
11    chairman  with  the  consent  of  the  county  board  of each
12    participating  municipality  or  county  shall  appoint   one
13    trustee  to  the  Board  for  every  100,000  inhabitants, or
14    fraction thereof, of such municipality or county.  The  first
15    Trustees   appointed  to  the  Board  and  any  2  additional
16    trustees, initially appointed as a result of this  amendatory
17    Act  of  1983  shall  serve for terms of 4 years or less, the
18    terms to be staggered to the extent  possible  so  that  they
19    expire  one year apart and so that the terms of not more than
20    2 trustees expire in the same  year,  with  the  Trustees  to
21    serve  less  than 4 years to be selected by lot.  Thereafter,
22    their successors shall serve for 4 years.  Vacancies shall be
23    filled for the unexpired term  in  the  same  manner  as  the
24    original appointment.
25        Except  in a Metro East Mass Transit District, no Trustee
26    of  any  District  may  be  an  elected   official   of   the
27    municipality or municipalities or county or counties creating
28    the District. A Trustee shall hold office until his successor
29    has  been  appointed and has qualified.  A certificate of the
30    appointment or reappointment of any Trustee  shall  be  filed
31    with  the  clerk  or  clerks  and  such  certificate shall be
32    conclusive evidence of the due and proper appointment of such
33    Trustee.  A Trustee  shall receive, as compensation  for  his
34    services,  not more than $100 $50 for each day devoted to the
 
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 1    business of the Board but not more than $400 $200 per  month.
 2    For the purposes of this Section, each District may determine
 3    what  constitutes  a business day.  He shall also be entitled
 4    to the  necessary  expenses,  including  traveling  expenses,
 5    incurred  in the discharge of his duties.  The powers of each
 6    District and the  Board  shall  be  vested  in  the  Trustees
 7    thereof  in  office  from  time  to  time.   A majority shall
 8    constitute  a  quorum  of  the  Board  for  the  purpose   of
 9    conducting its business and exercising its powers and for all
10    other purposes.  Action may be taken by the Board upon a vote
11    of  the  majority of the Trustees present, unless in any case
12    the bylaws of the Board shall require a larger  number.   The
13    Board  shall select a chairman and a vice-chairman from among
14    the Trustees.
15        No Trustee or employee of the Board shall acquire or have
16    any interest direct or indirect in any contract  or  proposed
17    contract for materials or services to be furnished or used in
18    connection with operations of the District.  For inefficiency
19    or  neglect of duty or misconduct in office, a Trustee may be
20    removed by  the  person  or  body  which  made  the  original
21    appointment,  but  a  Trustee  shall be removed only after he
22    shall have been given a copy of the charges  against  him  at
23    least  10  days  prior  to the hearing thereon and has had an
24    opportunity to be heard in person  or  by  counsel.   In  the
25    event  of  the  removal  of  any  Trustee,  a  record  of the
26    proceedings, together with the charges and findings  thereon,
27    shall  be  filed  in the office of the clerk or clerks of the
28    creating   county   or   counties    or    municipality    or
29    municipalities.
30        The  Board  shall  employ  a  managing  director  of  the
31    District  and  may  employ  a secretary, treasurer, technical
32    experts  and  such  other  officers,  agents  and  employees,
33    permanent and temporary, as it may require, and shall fix and
34    determine their qualifications, duties and  compensation  and
 
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 1    the  amount  of  bond  to  be  furnished for such offices and
 2    positions.  For such legal services as it  may  require,  the
 3    Board   may   call   upon  any  chief  law  officers  of  the
 4    municipality, municipalities, or the county  or  counties  as
 5    the  case  may  be, or may employ and fix the compensation of
 6    its own counsel and legal staff.  The Board may  delegate  to
 7    one or more of its agents or employees such powers and duties
 8    as  it may deem proper.  Notwithstanding the other provisions
 9    of this paragraph, employment of  any  person  other  than  a
10    managing director or secretary by any Metro East Mass Transit
11    District  created  by  a  single  county  shall  require  the
12    authorization of the county board of such county.
13        Neither  the  District,  the members of its Board nor its
14    officers or employees shall be held  liable  for  failure  to
15    provide  a  security  or  police  force  or, if a security or
16    police force is provided, for  failure  to  provide  adequate
17    police   protection  or  security,  failure  to  prevent  the
18    commission of crimes by  fellow  passengers  or  other  third
19    persons or for the failure to apprehend criminals.
20    (Source: P.A. 85-779.)

21        (70 ILCS 3610/5) (from Ch. 111 2/3, par. 355)
22        Sec.  5.  (a) The Board of Trustees of every District may
23    establish or acquire  any  or  all  manner  of  mass  transit
24    facility.   The   Board   may   engage  in  the  business  of
25    transportation of  passengers  on  scheduled  routes  and  by
26    contract on nonscheduled routes within the territorial limits
27    of  the  counties or municipalities creating the District, by
28    whatever means it may decide.  Its  routes  may  be  extended
29    beyond  such  territorial  limits  with  the  consent  of the
30    governing bodies of the municipalities or counties into which
31    such operation is extended.
32        (b)  The Board of Trustees of every District may for  the
33    purposes  of  the District, acquire by gift, purchase, lease,
 
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 1    legacy, condemnation, or otherwise and  hold,  use,  improve,
 2    maintain, operate, own, manage or lease, as lessor or lessee,
 3    such  cars, buses, equipment, buildings, structures, real and
 4    personal property, and interests therein, and services, lands
 5    for terminal and other related facilities,  improvements  and
 6    services,  or any interest therein, including all or any part
 7    of  the  plant,  land,   buildings,    equipment,   vehicles,
 8    licenses,  franchises,  patents,  property, service contracts
 9    and agreements of every kind and nature. Real property may be
10    so acquired if it is situated within or partially within  the
11    area  served  by the District or if it is outside the area if
12    it  is  desirable  or  necessary  for  the  purposes  of  the
13    District.
14        (c)  The  Board  of  Trustees  of  every  District  which
15    establishes, provides, or acquires mass transit facilities or
16    services may contract  with  any  person  or  corporation  or
17    public  or  private  entity  for  the  operation or provision
18    thereof upon such terms and conditions as the District  shall
19    determine.
20        (d)  The  Board  of Trustees of every District shall have
21    the authority to contract for any and  all  purposes  of  the
22    District,   including   with   an  interstate  transportation
23    authority, or with another local Mass Transit District or any
24    other municipal, public, or private corporation entity in the
25    transportation business including the authority  to  contract
26    to  lease  its  or  otherwise  provide  land,  buildings, and
27    equipment, and other related  facilities,  improvements,  and
28    services,   for   the   carriage  of  passengers  beyond  the
29    territorial limits of the District or  to  subsidize  transit
30    operations  by  a  public or private or municipal corporation
31    operating entity providing mass transit facilities.
32        (e)  The Board of Trustees of every District  shall  have
33    the   authority   to   establish,   alter   and   discontinue
34    transportation  routes  and services and any or all ancillary
 
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 1    or supporting facilities and services, and to  establish  and
 2    amend  rate  schedules  for  the  transportation  of  persons
 3    thereon  or  for the public or private use thereof which rate
 4    schedules shall, together with any grants, receipts or income
 5    from other sources, be sufficient to pay the expenses of  the
 6    District,  the  repair, maintenance and the safe and adequate
 7    operation of its mass  transit  facilities  and  public  mass
 8    transportation  system and to fulfill the terms of its debts,
 9    undertakings, and obligations.
10        (f)  The Board of Trustees of every District  shall  have
11    perpetual  succession  and shall have the following powers in
12    addition to any others in this Act granted:
13             (1)  to sue and be sued;
14             (2)  to adopt and use a seal;
15             (3)  to make and execute  contracts  loans,  leases,
16        subleases,  installment  purchase  agreements, contracts,
17        notes  and   other   instruments   evidencing   financial
18        obligations,   and   other   instruments   necessary   or
19        convenient in the exercise of its powers;
20             (4)  to  make,  amend  and  repeal bylaws, rules and
21        regulations not inconsistent with this Act;
22             (5)  to sell, lease,  sublease,  license,  transfer,
23        convey  or  otherwise  and  dispose of any of its real or
24        personal property,  or  interests  interest  therein,  in
25        whole  or  in  part,  at  any  time  upon  such terms and
26        conditions as it may determine, with  public  bidding  if
27        the  value  exceeds  $1,000  at  negotiated, competitive,
28        public, or private sale;
29             (6)  to invest funds,  not  required  for  immediate
30        disbursement,  in  property,  agreements,  or  securities
31        legal  for  investment  of  public  funds  controlled  by
32        savings banks under applicable law;
33             (7)  to  mortgage,  pledge, hypothecate or otherwise
34        encumber all or any part of its real or personal property
 
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 1        or other assets, or interests therein;
 2             (8)  to apply for, accept and use grants,  loans  or
 3        other  financial  assistance  from  any private entity or
 4        municipal, county, State or Federal  governmental  agency
 5        or other public entity;
 6             (9)  to   borrow   money   from  the  United  States
 7        Government or any  agency  thereof,  or  from  any  other
 8        public  or  private  source,  for  the  purposes  of  the
 9        District  and,  as evidence thereof, to issue its revenue
10        bonds, payable solely from the revenue derived  from  the
11        operation of the District. These bonds may be issued with
12        maturities  not  exceeding  40 years from the date of the
13        bonds, and in such amounts as may be necessary to provide
14        sufficient  funds,  together  with  interest,   for   the
15        purposes of the District. These bonds shall bear interest
16        at a rate of not more than the maximum rate authorized by
17        the Bond Authorization Act, as amended at the time of the
18        making  of  the  contract of sale, payable semi-annually,
19        may be made registerable as to principal, and may be made
20        payable and callable as provided on any interest  payment
21        date  at  a  price of par and accrued interest under such
22        terms and conditions as may be  fixed  by  the  ordinance
23        authorizing the issuance of the bonds. Bonds issued under
24        this  Section  are  negotiable instruments. They shall be
25        executed by the chairman and  members  of  the  Board  of
26        Trustees,  attested by the secretary, and shall be sealed
27        with the corporate seal of  the  District.  In  case  any
28        Trustee  or  officer whose signature appears on the bonds
29        or coupons ceases to hold that office  before  the  bonds
30        are   delivered,  such  officer's  his  signature,  shall
31        nevertheless be valid and sufficient  for  all  purposes,
32        the same as though such officer he had remained in office
33        until  the  bonds were delivered. The bonds shall be sold
34        in such manner and  upon  such  terms  as  the  Board  of
 
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 1        Trustees  shall  determine, except that the selling price
 2        shall be such that the interest cost to the  District  of
 3        the  proceeds  of  the bonds shall not exceed the maximum
 4        rate authorized by the Bond Authorization Act, as amended
 5        at the time of  the  making  of  the  contract  of  sale,
 6        payable  semi-annually, computed to maturity according to
 7        the standard table of bond values.
 8             The ordinance shall fix the amount of revenue  bonds
 9        proposed  to  be  issued, the maturity or maturities, the
10        interest rate, which shall not exceed  the  maximum  rate
11        authorized  by  the Bond Authorization Act, as amended at
12        the time of the making of the contract of sale,  and  all
13        the  details  in connection with the bonds. The ordinance
14        may contain such  covenants  and  restrictions  upon  the
15        issuance  of  additional  revenue bonds thereafter, which
16        will share equally in the revenue of the District, as may
17        be deemed necessary or advisable for the assurance of the
18        payment of the bonds first issued. Any District may  also
19        provide  in  the  ordinance  authorizing  the issuance of
20        bonds under this Section that the  bonds,  or  such  ones
21        thereof  as may be specified, shall, to the extent and in
22        the manner prescribed, be subordinated and be  junior  in
23        standing,  with  respect  to the payment of principal and
24        interest and the security thereof, to such other bonds as
25        are designated in the ordinance.
26             The ordinance shall pledge the revenue derived  from
27        the  operations operation of the District for the purpose
28        of paying the cost of operation and  maintenance  of  the
29        District,  and,  as  applicable,  providing  an  adequate
30        depreciation  funds fund, and paying the principal of and
31        interest on the bonds of the District issued  under  this
32        Section.
33             No  Metro  East  Mass  Transit  District  may  issue
34        revenue  bonds  under  this  subparagraph  (9) unless the
 
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 1        question of the issuance of such bonds is first submitted
 2        to and approved by  the  voters  of  the  District  at  a
 3        referendum   within   the   District.    Notice  of  such
 4        referendum shall be  given  and  the  election  shall  be
 5        conducted in accordance with the general election law.
 6             (10)  subject  to  Section  5.1,  to  levy  a tax on
 7        property within the District at the rate of not to exceed
 8        .25% on the assessed value of such property in the manner
 9        provided in "The Illinois Municipal Budget Law", approved
10        July 12, 1937, as amended;
11             (11)  to issue tax anticipation warrants;
12             (12)  to contract with any school district  in  this
13        State  to provide for the transportation of pupils to and
14        from  school  within  such  district  pursuant   to   the
15        provisions of Section 29-15 of the School Code;
16             (13)  to  provide for the insurance of any property,
17        directors,  officers,  employees  or  operations  of  the
18        District against any risk or hazard, and  to  self-insure
19        or  participate in joint self-insurance pools or entities
20        to insure against such risk or hazard;
21             (14)  to use its established funds,  personnel,  and
22        other  resources  to  acquire,  construct,  operate,  and
23        maintain  bikeways  and  trails.  Districts may cooperate
24        with other governmental and private agencies  in  bikeway
25        and trail programs; and
26             (15)  to    acquire,   own,   maintain,   construct,
27        reconstruct,  improve,  repair,  operate  or  lease   any
28        light-rail   public   transportation   system,  terminal,
29        terminal facility, public  airport,  or  bridge  or  toll
30        bridge across waters with any city, state, or both.
31        With  respect  to  instruments  for  the payment of money
32    issued under this Section either before,  on,  or  after  the
33    effective  date  of  this  amendatory  Act of 1989, it is and
34    always has been the intention of  the  General  Assembly  (i)
 
                            -14-     LRB093 07875 BDD 08065 b
 1    that   the  Omnibus  Bond  Acts  are  and  always  have  been
 2    supplementary  grants  of  power  to  issue  instruments   in
 3    accordance  with  the  Omnibus  Bond  Acts, regardless of any
 4    provision of this Act that may appear to be or to  have  been
 5    more restrictive than those Acts, (ii) that the provisions of
 6    this  Section  are  not  a  limitation  on  the supplementary
 7    authority granted by the Omnibus Bond Acts,  and  (iii)  that
 8    instruments    issued   under   this   Section   within   the
 9    supplementary authority granted by the Omnibus Bond Acts  are
10    not  invalid  because  of  any provision of this Act that may
11    appear to be or to have  been  more  restrictive  than  those
12    Acts.
13        This  Section shall be liberally construed to give effect
14    to its purposes.
15    (Source: P.A. 87-985; 88-115.)

16        (70 ILCS 3610/5.01) (from Ch. 111 2/3, par. 355.01)
17        Sec. 5.01. Metro East  Mass  Transit  District;  use  and
18    occupation taxes.
19        (a)  The Board of Trustees of any Metro East Mass Transit
20    District  may,  by  ordinance adopted with the concurrence of
21    two-thirds  of  the  then  trustees,  impose  throughout  the
22    District any or all of the taxes and fees  provided  in  this
23    Section.  All taxes and fees imposed under this Section shall
24    be  used only for public mass transportation systems, and the
25    amount used to provide mass transit service to unserved areas
26    of the District shall be in the same proportion to the  total
27    proceeds  as  the  number of persons residing in the unserved
28    areas is to the total population of the District.  Except  as
29    otherwise  provided  in  this  Act,  taxes imposed under this
30    Section and civil penalties imposed incident thereto shall be
31    collected and enforced by the State  Department  of  Revenue.
32    The Department shall have the power to administer and enforce
33    the  taxes  and  to  determine  all  rights  for  refunds for
 
                            -15-     LRB093 07875 BDD 08065 b
 1    erroneous payments of the taxes.
 2        (b)  The Board may  impose  a  Metro  East  Mass  Transit
 3    District  Retailers'  Occupation Tax upon all persons engaged
 4    in the business of  selling  tangible  personal  property  at
 5    retail  in  the  district  at  a  rate  of  1/4  of 1%, or as
 6    authorized under subsection (d-5) of  this  Section,  of  the
 7    gross  receipts  from  the  sales  made in the course of such
 8    business within the district.  The  tax  imposed  under  this
 9    Section  and  all  civil penalties that may be assessed as an
10    incident thereof shall be collected and enforced by the State
11    Department of Revenue.  The Department shall have full  power
12    to  administer and enforce this Section; to collect all taxes
13    and  penalties  so  collected  in  the   manner   hereinafter
14    provided;  and  to  determine  all rights to credit memoranda
15    arising on account of the erroneous payment of tax or penalty
16    hereunder.  In the administration of,  and  compliance  with,
17    this  Section,  the Department and persons who are subject to
18    this  Section  shall  have   the   same   rights,   remedies,
19    privileges,  immunities, powers and duties, and be subject to
20    the same conditions,  restrictions,  limitations,  penalties,
21    exclusions,  exemptions  and  definitions of terms and employ
22    the same modes of procedure, as are prescribed in Sections 1,
23    1a, 1a-1, 1c, 1d, 1e, 1f, 1i, 1j, 2 through 2-65 (in  respect
24    to  all provisions therein other than the State rate of tax),
25    2c, 3 (except as to the disposition of  taxes  and  penalties
26    collected), 4, 5, 5a, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l,
27    6,  6a,  6b,  6c,  7,  8,  9,  10,  11, 12, 13, and 14 of the
28    Retailers' Occupation Tax Act and Section 3-7 of the  Uniform
29    Penalty  and  Interest  Act,  as fully as if those provisions
30    were set forth herein.
31        Persons subject to any tax imposed under the Section  may
32    reimburse   themselves   for  their  seller's  tax  liability
33    hereunder by separately stating  the  tax  as  an  additional
34    charge,  which  charge  may  be  stated  in combination, in a
 
                            -16-     LRB093 07875 BDD 08065 b
 1    single amount, with State taxes that sellers are required  to
 2    collect  under  the  Use  Tax  Act,  in  accordance with such
 3    bracket schedules as the Department may prescribe.
 4        Whenever the Department determines that a  refund  should
 5    be made under this Section to a claimant instead of issuing a
 6    credit  memorandum,  the  Department  shall  notify the State
 7    Comptroller, who shall cause the warrant to be drawn for  the
 8    amount   specified,   and   to   the  person  named,  in  the
 9    notification from the Department.  The refund shall  be  paid
10    by  the  State  Treasurer  out of the Metro East Mass Transit
11    District tax fund established under  paragraph  (g)  of  this
12    Section.
13        If  a  tax  is  imposed  under this subsection (b), a tax
14    shall also be imposed under subsections (c) and (d)  of  this
15    Section.
16        For  the  purpose of determining whether a tax authorized
17    under this  Section  is  applicable,  a  retail  sale,  by  a
18    producer  of  coal  or  other mineral mined in Illinois, is a
19    sale at retail at the place where the coal or  other  mineral
20    mined   in  Illinois  is  extracted  from  the  earth.   This
21    paragraph does not apply to coal or other mineral when it  is
22    delivered  or  shipped  by  the  seller to the purchaser at a
23    point outside Illinois so that the sale is exempt  under  the
24    Federal  Constitution  as  a  sale  in  interstate or foreign
25    commerce.
26        Nothing in this Section shall be construed  to  authorize
27    the Metro East Mass Transit District to impose a tax upon the
28    privilege  of  engaging  in  any  business  which  under  the
29    Constitution of the United States may not be made the subject
30    of taxation by this State.
31        (c)  If  a  tax  has been imposed under subsection (b), a
32    Metro East Mass Transit District Service Occupation Tax shall
33    also be imposed upon all persons engaged, in the district, in
34    the business of making sales of service, who, as an  incident
 
                            -17-     LRB093 07875 BDD 08065 b
 1    to  making those sales of service, transfer tangible personal
 2    property within the District, either in the form of  tangible
 3    personal  property  or  in  the  form  of  real  estate as an
 4    incident to a sale of service. The tax rate shall be 1/4%, or
 5    as authorized under subsection (d-5) of this Section, of  the
 6    selling  price  of  tangible personal property so transferred
 7    within the district.  The tax imposed  under  this  paragraph
 8    and  all  civil penalties that may be assessed as an incident
 9    thereof  shall  be  collected  and  enforced  by  the   State
10    Department  of  Revenue. The Department shall have full power
11    to administer and enforce  this  paragraph;  to  collect  all
12    taxes  and  penalties  due hereunder; to dispose of taxes and
13    penalties so collected in the  manner  hereinafter  provided;
14    and  to  determine  all rights to credit memoranda arising on
15    account of the erroneous payment of tax or penalty hereunder.
16    In the administration of, and compliance with this paragraph,
17    the Department and persons who are subject to this  paragraph
18    shall have the same rights, remedies, privileges, immunities,
19    powers  and  duties,  and  be subject to the same conditions,
20    restrictions, limitations, penalties, exclusions,  exemptions
21    and  definitions  of  terms  and  employ  the  same  modes of
22    procedure as are prescribed in Sections 1a-1, 2 (except  that
23    the   reference  to  State  in  the  definition  of  supplier
24    maintaining a place of business in this State shall mean  the
25    Authority),  2a, 3 through 3-50 (in respect to all provisions
26    therein other than the State rate of tax), 4 (except that the
27    reference to the State shall be to the Authority),  5,  7,  8
28    (except  that  the  jurisdiction  to which the tax shall be a
29    debt to the extent indicated in that Section 8 shall  be  the
30    District),  9  (except  as  to  the  disposition of taxes and
31    penalties collected, and except that the returned merchandise
32    credit for this tax may not be taken against any State  tax),
33    10, 11, 12 (except the reference therein to Section 2b of the
34    Retailers' Occupation Tax Act), 13 (except that any reference
 
                            -18-     LRB093 07875 BDD 08065 b
 1    to the State shall mean the District), the first paragraph of
 2    Section  15,  16, 17, 18, 19 and 20 of the Service Occupation
 3    Tax Act and Section 3-7 of the Uniform Penalty  and  Interest
 4    Act, as fully as if those provisions were set forth herein.
 5        Persons  subject  to  any tax imposed under the authority
 6    granted in this paragraph may reimburse themselves for  their
 7    serviceman's  tax  liability  hereunder by separately stating
 8    the tax as an additional charge, which charge may  be  stated
 9    in  combination,  in  a  single  amount,  with State tax that
10    servicemen are authorized to collect under  the  Service  Use
11    Tax  Act,  in  accordance  with such bracket schedules as the
12    Department may prescribe.
13        Whenever the Department determines that a  refund  should
14    be made under this paragraph to a claimant instead of issuing
15    a  credit  memorandum,  the Department shall notify the State
16    Comptroller, who shall cause the warrant to be drawn for  the
17    amount   specified,   and   to   the  person  named,  in  the
18    notification from the Department.  The refund shall  be  paid
19    by  the  State  Treasurer  out of the Metro East Mass Transit
20    District tax fund established under  paragraph  (g)  of  this
21    Section.
22        Nothing in this paragraph shall be construed to authorize
23    the  District  to impose a tax upon the privilege of engaging
24    in any business which under the Constitution  of  the  United
25    States may not be made the subject of taxation by the State.
26        (d)  If  a  tax  has been imposed under subsection (b), a
27    Metro East Mass  Transit  District  Use  Tax  shall  also  be
28    imposed  upon  the  privilege  of using, in the district, any
29    item of tangible personal property that is purchased  outside
30    the district at retail from a retailer, and that is titled or
31    registered  with  an  agency of this State's government, at a
32    rate of 1/4%, or as authorized under subsection (d-5) of this
33    Section, of  the  selling  price  of  the  tangible  personal
34    property  within  the District, as "selling price" is defined
 
                            -19-     LRB093 07875 BDD 08065 b
 1    in the Use Tax Act.  The tax shall be collected from  persons
 2    whose  Illinois  address for titling or registration purposes
 3    is given  as  being  in  the  District.   The  tax  shall  be
 4    collected  by  the  Department  of Revenue for the Metro East
 5    Mass Transit District.  The tax must be paid to the State, or
 6    an  exemption  determination  must  be  obtained   from   the
 7    Department  of  Revenue,  before  the title or certificate of
 8    registration for the property may  be  issued.   The  tax  or
 9    proof  of  exemption  may be transmitted to the Department by
10    way of the State agency with which, or the State officer with
11    whom, the  tangible  personal  property  must  be  titled  or
12    registered  if  the  Department and the State agency or State
13    officer determine  that  this  procedure  will  expedite  the
14    processing of applications for title or registration.
15        The  Department  shall  have full power to administer and
16    enforce this paragraph; to collect all taxes,  penalties  and
17    interest  due  hereunder;  to dispose of taxes, penalties and
18    interest so collected in the manner hereinafter provided; and
19    to determine  all  rights  to  credit  memoranda  or  refunds
20    arising  on  account of the erroneous payment of tax, penalty
21    or  interest  hereunder.  In  the  administration   of,   and
22    compliance  with,  this paragraph, the Department and persons
23    who are subject to this paragraph shall have the same rights,
24    remedies, privileges, immunities, powers and duties,  and  be
25    subject  to  the  same conditions, restrictions, limitations,
26    penalties, exclusions, exemptions and  definitions  of  terms
27    and  employ the same modes of procedure, as are prescribed in
28    Sections 2 (except the definition of "retailer maintaining  a
29    place  of  business  in  this State"), 3 through 3-80 (except
30    provisions pertaining to the State rate of  tax,  and  except
31    provisions  concerning  collection or refunding of the tax by
32    retailers), 4, 11, 12, 12a, 14, 15, 19 (except  the  portions
33    pertaining  to  claims  by  retailers  and  except  the  last
34    paragraph  concerning  refunds), 20, 21 and 22 of the Use Tax
 
                            -20-     LRB093 07875 BDD 08065 b
 1    Act and Section 3-7 of the Uniform Penalty and Interest  Act,
 2    that are not inconsistent with this paragraph, as fully as if
 3    those provisions were set forth herein.
 4        Whenever  the  Department determines that a refund should
 5    be made under this paragraph to a claimant instead of issuing
 6    a credit memorandum, the Department shall  notify  the  State
 7    Comptroller,  who  shall  cause the order to be drawn for the
 8    amount  specified,  and  to  the   person   named,   in   the
 9    notification from the Department. The refund shall be paid by
10    the  State  Treasurer  out  of  the  Metro  East Mass Transit
11    District tax fund established under  paragraph  (g)  of  this
12    Section.
13        (d-5)  (A) The  county  board of any county participating
14    in the Metro East Mass Transit  District  may  authorize,  by
15    ordinance,  a  referendum  on the question of whether the tax
16    rates for the Metro East  Mass  Transit  District  Retailers'
17    Occupation  Tax, the Metro East Mass Transit District Service
18    Occupation Tax, and the Metro East Mass Transit District  Use
19    Tax for the District should be increased from 0.25% to 0.75%.
20    Upon  adopting  the ordinance, the county board shall certify
21    the proposition to the proper election  officials  who  shall
22    submit  the  proposition to the voters of the District at the
23    next election, in accordance with the general election law.
24        The proposition shall be in substantially  the  following
25    form:
26             Shall  the tax rates for the Metro East Mass Transit
27        District Retailers' Occupation Tax, the Metro  East  Mass
28        Transit  District  Service  Occupation Tax, and the Metro
29        East Mass Transit District Use  Tax  be   increased  from
30        0.25% to 0.75%?
31        (B)  Two thousand five hundred electors of any Metro East
32    Mass  Transit  District  may  petition the Chief Judge of the
33    Circuit Court, or any judge of that Circuit designated by the
34    Chief Judge, in which that District is located to cause to be
 
                            -21-     LRB093 07875 BDD 08065 b
 1    submitted to a vote of the electors the question whether  the
 2    tax rates for the Metro East Mass Transit District Retailers'
 3    Occupation  Tax, the Metro East Mass Transit District Service
 4    Occupation Tax, and the Metro East Mass Transit District  Use
 5    Tax for the District should be increased from 0.25% to 0.75%.
 6        Upon  submission  of  such petition the court shall set a
 7    date not less than 10 nor more than 30 days thereafter for  a
 8    hearing  on  the sufficiency thereof. Notice of the filing of
 9    such petition and of such date shall be given in  writing  to
10    the  District and the County Clerk at least 7 days before the
11    date of such hearing.
12        If such petition if found  sufficient,  the  court  shall
13    enter  an  order  to  submit  that  proposition  at  the next
14    election, in accordance with general election law.
15        The form of the petition shall be  in  substantially  the
16    following  form:  To the Circuit Court of the County of (name
17    of county):
18             We, the undersigned electors of the (name of transit
19        district), respectfully petition your honor to submit  to
20        a  vote of the electors of (name of transit district) the
21        following proposition:
22             Shall the tax rates for the Metro East Mass  Transit
23        District  Retailers'  Occupation Tax, the Metro East Mass
24        Transit District Service Occupation Tax,  and  the  Metro
25        East  Mass  Transit  District  Use  Tax be increased from
26        0.25% to 0.75%?
27             Name                Address, with Street and Number.
28    ....................     ....................................
29    ....................     ....................................
30        (C)  The votes shall be recorded as "YES" or "NO".  If  a
31    majority  of  all  votes  cast on the proposition are for the
32    increase in the  tax  rates,  the  Metro  East  Mass  Transit
33    District  shall  begin  imposing  the  increased rates in the
34    District,  and  the  Department  of   Revenue   shall   begin
 
                            -22-     LRB093 07875 BDD 08065 b
 1    collecting  the  increased  amounts,  as  provided under this
 2    Section.  An  ordinance  imposing  or  discontinuing  a   tax
 3    hereunder  or effecting a change in the rate thereof shall be
 4    adopted  and  a  certified  copy  thereof  filed   with   the
 5    Department  on  or before the first day of October, whereupon
 6    the Department shall proceed to administer and  enforce  this
 7    Section  as  of  the  first day of January next following the
 8    adoption and filing.
 9        (D)  If the voters have approved a referendum under  this
10    subsection, before November 1, 1994, to increase the tax rate
11    under  this  subsection, the Metro East Mass Transit District
12    Board of Trustees may adopt by a majority vote  an  ordinance
13    at  any  time  before  January 1, 1995 that excludes from the
14    rate increase tangible personal property that  is  titled  or
15    registered  with  an  agency of this State's government.  The
16    ordinance excluding titled or  registered  tangible  personal
17    property  from  the  rate  increase  must  be  filed with the
18    Department at least 15 days before its effective date. At any
19    time after adopting an  ordinance  excluding  from  the  rate
20    increase   tangible  personal  property  that  is  titled  or
21    registered with an agency of  this  State's  government,  the
22    Metro  East Mass Transit District Board of Trustees may adopt
23    an ordinance applying the  rate  increase  to  that  tangible
24    personal  property.  The  ordinance  shall  be adopted, and a
25    certified copy of that ordinance  shall  be  filed  with  the
26    Department,  on or before October 1, whereupon the Department
27    shall proceed to administer and  enforce  the  rate  increase
28    against  tangible personal property titled or registered with
29    an agency of this State's  government  as  of  the  following
30    January  1.   After  December  31,  1995,  any reimposed rate
31    increase in effect under  this  subsection  shall  no  longer
32    apply to tangible personal property titled or registered with
33    an  agency  of this State's government.  Beginning January 1,
34    1996, the Board of Trustees of any Metro  East  Mass  Transit
 
                            -23-     LRB093 07875 BDD 08065 b
 1    District  may  never  reimpose a previously excluded tax rate
 2    increase on tangible personal property titled  or  registered
 3    with an agency of this State's government.
 4        (d-6)  If  the  Board  of Trustees of any Metro East Mass
 5    Transit District has imposed a rate increase under subsection
 6    (d-5) and filed an ordinance with the Department  of  Revenue
 7    excluding  titled  property  from  the higher rate, then that
 8    Board may, by  ordinance  adopted  with  the  concurrence  of
 9    two-thirds  of  the  then  trustees,  impose  throughout  the
10    District  a  fee.  The fee on the excluded property shall not
11    exceed $20 per retail transaction or an amount equal  to  the
12    amount  of  tax  excluded,  whichever  is  less,  on tangible
13    personal property that is titled or registered with an agency
14    of this State's government.   The Board of  Trustees  of  any
15    Metro  East  Mass  Transit  District shall have full power to
16    administer and enforce this subsection and to  determine  all
17    rights  to  credit memoranda or refunds arising on account of
18    the erroneous payment of the fee hereunder.  The Board  shall
19    proceed  to  administer and enforce this subsection as of the
20    first day of the second month following the adoption  of  the
21    ordinance.
22        (d-7)  If  a fee has been imposed under subsection (d-6),
23    a fee shall also be imposed upon the privilege of  using,  in
24    the  district, any item of tangible personal property that is
25    titled  or  registered  with  any  agency  of  this   State's
26    government,  in  an  amount  equal  to  the amount of the fee
27    imposed under subsection (d-6).  The Board of Trustees of any
28    Metro East Mass Transit District shall  have  full  power  to
29    administer  and  enforce this subsection and to determine all
30    rights to credit memoranda or refunds arising on  account  of
31    the  erroneous payment of the fee hereunder.  The Board shall
32    proceed   to   administer   and   enforce   this   subsection
33    concurrently with the administration of the fee imposed under
34    subsection (d-6).
 
                            -24-     LRB093 07875 BDD 08065 b
 1        (d-8)  No item of titled property  shall  be  subject  to
 2    both  the  higher  rate approved by referendum, as authorized
 3    under subsection (d-5), and any fee imposed under  subsection
 4    (d-6) or (d-7).
 5        (d-9)  If  fees have been imposed under subsections (d-6)
 6    and (d-7), the Board shall forward a copy  of  the  ordinance
 7    adopting  such  fees,  which  shall  include all zip codes in
 8    whole or in part within the boundaries of  the  district,  to
 9    the  Secretary  of  State within thirty days.  By the 25th of
10    each month, the Secretary of State shall subsequently provide
11    the Illinois Department of  Revenue  Board  with  a  list  of
12    identifiable  retail  transactions  subject  to the .25% rate
13    occurring within the zip codes which are in whole or in  part
14    within  the  boundaries  of  the district and a list of title
15    applications for  addresses  within  the  boundaries  of  the
16    district for the previous month.
17        (d-10)  In  the  event  that  a  retailer  fails  to  pay
18    applicable   fees   within   30  days  of  the  date  of  the
19    transaction, a penalty shall be assessed at the rate  of  25%
20    of  the  amount  of  fees.   Interest  on  both late fees and
21    penalties shall be assessed at the rate of 1% per month.  All
22    fees, penalties, and attorney fees shall constitute a lien on
23    the personal and real property of the retailer.  The Board of
24    Trustees of any Metro East Transit District shall  have  full
25    power to administer and enforce this subsection.
26        (e)  A  certificate  of  registration issued by the State
27    Department of Revenue to  a  retailer  under  the  Retailers'
28    Occupation  Tax  Act  or under the Service Occupation Tax Act
29    shall permit the registrant to engage in a business  that  is
30    taxed  under the tax imposed under paragraphs (b), (c) or (d)
31    of this Section  and  no  additional  registration  shall  be
32    required  under  the  tax. A certificate issued under the Use
33    Tax Act or the Service Use Tax Act shall be  applicable  with
34    regard  to  any  tax  imposed  under  paragraph  (c)  of this
 
                            -25-     LRB093 07875 BDD 08065 b
 1    Section.
 2        (f)  The Board may impose a replacement  vehicle  tax  of
 3    $50  on any passenger car, as defined in Section 1-157 of the
 4    Illinois Vehicle Code, purchased within the district area  by
 5    or  on  behalf of an insurance company to replace a passenger
 6    car of an insured person in settlement of a total loss claim.
 7    The tax imposed may not become effective before the first day
 8    of the month following the passage of the ordinance  imposing
 9    the  tax  and receipt of a certified copy of the ordinance by
10    the Department of Revenue.  The Department of  Revenue  shall
11    collect  the tax for the district in accordance with Sections
12    3-2002 and 3-2003 of the Illinois Vehicle Code.
13        The Department shall immediately pay over  to  the  State
14    Treasurer,  ex  officio,  as  trustee,  all  taxes  collected
15    hereunder.  On or before the 25th day of each calendar month,
16    the  Department  shall prepare and certify to the Comptroller
17    the disbursement of stated sums of money to named  districts,
18    the  districts  to  be  those  from which retailers have paid
19    taxes or penalties hereunder to  the  Department  during  the
20    second  preceding  calendar  month.  The amount to be paid to
21    each district shall be the amount collected hereunder  during
22    the  second  preceding calendar month by the Department, less
23    any amount determined by the Department to be  necessary  for
24    the  payment of refunds.  Within 10 days after receipt by the
25    Comptroller  of  the  disbursement   certification   to   the
26    districts,  provided  for  in this Section to be given to the
27    Comptroller by the Department, the  Comptroller  shall  cause
28    the  orders  to  be  drawn  for  the  respective  amounts  in
29    accordance    with    the   directions   contained   in   the
30    certification.
31        (g)  Any ordinance  imposing  or  discontinuing  any  tax
32    under  this  Section  shall  be  adopted and a certified copy
33    thereof filed with  the  Department  on  or  before  June  1,
34    whereupon   the   Department  of  Revenue  shall  proceed  to
 
                            -26-     LRB093 07875 BDD 08065 b
 1    administer and enforce this Section on behalf  of  the  Metro
 2    East  Mass  Transit District as of September 1 next following
 3    such adoption and filing.   Beginning  January  1,  1992,  an
 4    ordinance  or  resolution  imposing  or discontinuing the tax
 5    hereunder shall be adopted and a certified copy thereof filed
 6    with the Department on or  before  the  first  day  of  July,
 7    whereupon  the  Department  shall  proceed  to administer and
 8    enforce this Section as of the  first  day  of  October  next
 9    following  such  adoption  and  filing.  Beginning January 1,
10    1993, except as provided in subsection (d-5) of this Section,
11    an ordinance or resolution imposing or discontinuing the  tax
12    hereunder shall be adopted and a certified copy thereof filed
13    with  the  Department  on or before the first day of October,
14    whereupon the Department  shall  proceed  to  administer  and
15    enforce  this  Section  as  of  the first day of January next
16    following such adoption and filing.
17        (h)  The  State  Department  of   Revenue   shall,   upon
18    collecting  any  taxes  as  provided in this Section, pay the
19    taxes  over  to  the  State  Treasurer  as  trustee  for  the
20    District. The taxes shall be held in a trust fund outside the
21    State Treasury. On or before the 25th day  of  each  calendar
22    month,  the  State  Department  of  Revenue shall prepare and
23    certify to the Comptroller  of  the  State  of  Illinois  the
24    amount  to  be  paid to the District, which shall be the then
25    balance in the  fund,  less  any  amount  determined  by  the
26    Department to be necessary for the payment of refunds. Within
27    10 days after receipt by the Comptroller of the certification
28    of  the  amount  to  be paid to the District, the Comptroller
29    shall cause an order to be drawn for payment for  the  amount
30    in accordance with the direction in the certification.
31    (Source: P.A. 91-51, eff. 6-30-99.)

32        (70 ILCS 3610/8.1) (from Ch. 111 2/3, par. 358.1)
33        Sec. 8.1.
 
                            -27-     LRB093 07875 BDD 08065 b
 1        Any territory which is contiguous to a local mass transit
 2    district organized under Section 3.1 of this Act and which is
 3    not  included  in  any  local  mass  transit  district may be
 4    annexed to such contiguous local mass transit district in the
 5    manner provided by this Section.
 6        (a)  If  there  are  no  legal  voters  residing  in  the
 7    territory to be annexed, then  upon  written  petition  under
 8    oath  signed  by all owners of record of the territory sought
 9    to be annexed filed  with  the  secretary  of  the  Board  of
10    Trustees  requesting  annexation,  if  the  Board of Trustees
11    deems it to be in the best interests of  the  District,  such
12    territory may be annexed to the District by an ordinance duly
13    enacted by the Board.
14        (b)  A  petition,  signed  by  2/3  of  the  legal voters
15    residing in the territory sought to be annexed and  addressed
16    to  the  circuit  court of the county in which the local mass
17    transit district to which annexation is sought was  organized
18    requesting  that  the  territory described in the petition be
19    annexed to such local mass transit  district,  may  be  filed
20    with  the  clerk  of that court. The clerk of the court shall
21    thereupon present such petition to the court which  shall  be
22    not  less  than  20  nor more than 45 days after the date the
23    petition was filed. The court shall give notice of the  time,
24    place  and date of the hearing, by publication in one or more
25    newspapers having a general circulation within the local mass
26    transit district  and  within  the  territory  sought  to  be
27    annexed  thereto, which publication shall be made at least 15
28    days before the date set for the hearing.
29    (Source: P.A. 76-1292.)

30        (70 ILCS 3610/8.4 rep.)
31        Section 10.  The  Local  Mass  Transit  District  Act  is
32    amended by repealing Section 8.4.