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1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Local Mass Transit District Act is amended
5by changing Sections 2, 3, and 5.1 as follows:
 
6    (70 ILCS 3610/2)  (from Ch. 111 2/3, par. 352)
7    Sec. 2. Definitions. For the purposes of this Act:
8    (a) "Mass transit facility" means any local public
9transportation facility, whether buses, trolley-buses, or
10railway systems, utilized by a substantial number of persons
11for their daily transportation, and includes not only the local
12public transportation facility itself but ancillary and
13supporting facilities such as, for example, motor vehicle
14parking facilities, as well.
15    (b) "Participating municipality and county" means the
16municipality or municipalities, county or counties creating
17the local Mass Transit District pursuant to Section 3 of this
18Act.
19    (c) "Municipality" means a city, village, township, or
20incorporated town.
21    (d) "Corporate authorities" means (1) the city council or
22similar body of a city, (2) the board of trustees or similar
23body of a village or incorporated town, (3) the council of a

 

 

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1municipality under the commission form of municipal
2government, and (4) the board of trustees in a township.
3    (e) "County board" means the governing board of a county.
4    (f) "District" means a local Mass Transit District created
5pursuant to Section 3 of this Act.
6    (g) "Board" means the Board of Trustees of a local Mass
7Transit District created pursuant to Section 3 of this Act.
8    (h) "Interstate transportation authority" shall mean any
9political subdivision created by compact between this State and
10another state, which is a body corporate and politic and a
11political subdivision of both contracting states, and which
12operates a public mass transportation system.
13    (i) "Metro East Mass Transit District" means one or more
14local mass transit districts created pursuant to this Act,
15composed only of Madison, St. Clair or Monroe Counties, or any
16combination thereof or any territory annexed to such district.
17    (j) "Public mass transportation system" shall mean a
18transportation system or systems owned and operated by an
19interstate transportation authority, a municipality, District,
20or other public or private authority, employing motor busses,
21rails or any other means of conveyance, by whatsoever type or
22power, operated for public use in the conveyance of persons,
23mainly providing local transportation service within an
24interstate transportation district, municipality, or county.
25    (k) "Southeast Commuter Rail Transit District" means one or
26more local mass transit districts created pursuant to this Act,

 

 

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1composed only of municipalities located within Cook County or
2Will County, or both, or any territory annexed to such
3district.
4    (l) "Northwest Metra Commuter Rail District" means one or
5more local mass transit districts created pursuant to this Act,
6composed only of municipalities located within McHenry County,
7or any territory annexed to such district.
8(Source: P.A. 95-331, eff. 8-21-07; 96-1542, eff. 3-8-11.)
 
9    (70 ILCS 3610/3)  (from Ch. 111 2/3, par. 353)
10    Sec. 3. Creation of a district. For the purpose of
11acquiring, constructing, owning, operating and maintaining
12mass transit facilities for public service or subsidizing the
13operation thereof a local Mass Transit District may be created,
14composed of one or more municipalities or one or more counties
15or any combination thereof, by ordinance approved by a majority
16vote of the corporate authorities or by resolution approved by
17a majority vote of the county board of each participating
18municipality and county. A Metro East Mass Transit District
19created by one or more counties shall include: (1) those
20townships which were served by regularly scheduled mass transit
21routes operated by an interstate transportation authority on
22June 1, 1980; (2) in the case of a county without townships,
23any municipality or unincorporated portion of a road district
24which was served by regularly scheduled mass transit routes
25operated by an interstate transportation authority on June 1,

 

 

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11980; (3) any other townships or municipalities whose
2participation is approved by ordinance adopted by a majority
3vote of their Board of Trustees or corporate authorities; plus
4(4) in the case of a county without townships, the
5unincorporated portion of any road district, the participation
6of which is approved by an ordinance adopted by a majority vote
7of the Board of Commissioners of the county in which it is
8located. Such District shall be known as the ".... Mass Transit
9District", inserting all or any significant part of the name or
10names of the municipality or the county, or both, creating the
11District, or a name descriptive of the area to be served if the
12District is created by more than one municipality, more than
13one county, or any combination thereof. A Southeast Commuter
14Rail Transit District shall include: the Village of Crete, the
15Village of Steger, the Village of South Chicago Heights, the
16City of Chicago Heights, the Village of Glenwood, the Village
17of Thornton, the Village of South Holland, the Village of
18Dolton, the City of Calumet City, the Village of Lansing, and
19the Village of Lynwood. A Northwest Metra Commuter Rail
20District shall include all municipalities located within
21McHenry County.
22    The District created pursuant to this Act shall be a
23municipal corporation and shall have the right of eminent
24domain to acquire private property which is necessary for the
25purposes of the District, and shall have the power to contract
26for public mass transportation with an Interstate

 

 

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1Transportation Authority.
2    Upon the creation of any District, the clerk of the
3municipality or of the county, or the clerks of the several
4municipalities or counties, as the case may be, shall certify a
5copy of the ordinance or resolution creating the District, and
6the names of the persons first appointed Trustees thereof, and
7shall file the same with the county clerk for recording as
8certificates of incorporation and the county clerk shall cause
9duplicate certified copies thereof to be filed with the
10Secretary of State.
11(Source: P.A. 96-1542, eff. 3-8-11.)
 
12    (70 ILCS 3610/5.1)  (from Ch. 111 2/3, par. 355.1)
13    Sec. 5.1. (a) The Board of Trustees of any district created
14after July 1, 1967 (except districts created under Section 3.1)
15has no authority to levy the tax provided for in subparagraph
16(10) of paragraph (f) of Section 5 unless the question of
17authorizing such tax is submitted to the voters of the district
18and approved by a majority of the voters of the district voting
19on the question.
20    The board of trustees of any such district may by
21resolution cause such question to be submitted to the voters of
22the district at a regular election as specified in such
23resolution. The question shall be certified, submitted and
24notice of the election shall be given in accordance with the
25general election law. The proposition shall be in substantially

 

 

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1the following form:
2-------------------------------------------------------------
3    Shall the board of trustees of........
4Mass Transit District be authorized to levy a    YES
5tax on property within the district at a rate  --------------
6of not to exceed .25% on the assessed value      NO
7of such property?
8-------------------------------------------------------------
9    (b) The Board of Trustees of any district which has the
10authority to levy the tax at a rate not to exceed .05% provided
11for in subparagraph (10) of paragraph (f) of Section 5 of this
12Act before the effective date of this amendatory Act of 1974
13does not have the authority to increase the tax levy to a rate
14not to exceed .25% unless the question of increasing the taxing
15authority is submitted to the voters of the district and
16approved by a majority of the voters of the district voting on
17the question.
18    The Board of Trustees of any such district may by
19resolution cause such question to be submitted to the voters of
20the district at a regular election as specified in such
21resolution. The question shall be certified, submitted and
22notice of the election shall be given in accordance with the
23general election law. The proposition shall be in substantially
24the following form:
25-------------------------------------------------------------
26    Shall the board of trustees of........

 

 

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1Mass Transit District be given the authority to    YES
2increase their power to levy a tax on property
3within the district from a rate not to exceed    ------------
4.05% on the assessed value of such property
5to a rate not to exceed .25% on the assessed       NO
6value of such property?
7-------------------------------------------------------------
8    The provisions of this subsection (b) shall not apply to
9the Northwest Metra Commuter Rail District.
10(Source: P.A. 81-1489.)