99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB3308

 

Introduced 2/19/2016, by Sen. Toi W. Hutchinson

 

SYNOPSIS AS INTRODUCED:
 
70 ILCS 3610/4  from Ch. 111 2/3, par. 354

    Amends the Local Mass Transit District Act. Provides that no trustee of any District, except in a Metro East District, may be an elected village president, mayor, council member, or board member (currently, just elected official) of the municipality or municipalities or county or counties creating the District. Effective immediately.


LRB099 19509 AWJ 43902 b

 

 

A BILL FOR

 

SB3308LRB099 19509 AWJ 43902 b

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 Section 4 as follows:
 
6    (70 ILCS 3610/4)  (from Ch. 111 2/3, par. 354)
7    Sec. 4. The powers of the local Mass Transit District shall
8repose in, and be exercised by, a Board of Trustees. If the
9District is created by only one municipality or only one county
10the corporate authorities or the county board chairman with the
11consent of the county board of such municipality or county
12shall appoint either 3 or 5 trustees to the Board; provided
13that in any Metro East Mass Transit District created by a
14single county, 5 trustees shall be appointed and the trustees
15so appointed shall be: (1) a mayor of a municipality within the
16District; (2) a township supervisor from within the District,
17or if in a county without township supervisors, another mayor
18within the District; (3) the county board chairman in which the
19District was formed or such other county board member as he
20shall designate; and (4) 2 members of the general public. If
21the District is created by one or more municipalities or one or
22more counties or any combination thereof, the corporate
23authorities and the county board chairman of each participating

 

 

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1municipality or county shall determine the percentage of
2service that the District provides to each municipality or
3county. Each participating municipality and county shall
4appoint trustees in proportion to the percentage of service
5received from the District by that municipality or county. The
6corporate authorities or the county board chairman, with the
7consent of the county board, of each participating municipality
8or county shall appoint one trustee to the Board for each 30%
9or fraction thereof of service that the municipality or county
10receives from the District. If an even number of trustees are
11appointed to the Board, the corporate authorities or the county
12board chairman, with the consent of the county board, of the
13municipality or county that receives the largest percentage of
14service from the District shall appoint one additional trustee.
15The first Trustees appointed to the Board and any 2 additional
16trustees, initially appointed as a result of this amendatory
17Act of 1983 shall serve for terms of 4 years or less, the terms
18to be staggered to the extent possible so that they expire one
19year apart and so that the terms of not more than 2 trustees
20expire in the same year, with the Trustees to serve less than 4
21years to be selected by lot. Thereafter, their successors shall
22serve for 4 years. Vacancies shall be filled for the unexpired
23term in the same manner as the original appointment.
24    Except in a Metro East Mass Transit District, no Trustee of
25any District may be an elected village president, mayor,
26council member, or board member official of the municipality or

 

 

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1municipalities or county or counties creating the District. A
2Trustee shall hold office until his successor has been
3appointed and has qualified. A certificate of the appointment
4or reappointment of any Trustee shall be filed with the clerk
5or clerks and such certificate shall be conclusive evidence of
6the due and proper appointment of such Trustee. A Trustee shall
7receive, as compensation for his services, not more than $100
8for each day devoted to the business of the Board but not more
9than $400 per month. For the purposes of this Section, each
10District may determine what constitutes a business day. He
11shall also be entitled to the necessary expenses, including
12traveling expenses, incurred in the discharge of his duties.
13The powers of each District and the Board shall be vested in
14the Trustees thereof in office from time to time. A majority
15shall constitute a quorum of the Board for the purpose of
16conducting its business and exercising its powers and for all
17other purposes. Action may be taken by the Board upon a vote of
18the majority of the Trustees present, unless in any case the
19bylaws of the Board shall require a larger number. The Board
20shall select a chairman and a vice-chairman from among the
21Trustees.
22    No Trustee or employee of the Board shall acquire or have
23any interest direct or indirect in any contract or proposed
24contract for materials or services to be furnished or used in
25connection with operations of the District. For inefficiency or
26neglect of duty or misconduct in office, a Trustee may be

 

 

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1removed by the person or body which made the original
2appointment, but a Trustee shall be removed only after he shall
3have been given a copy of the charges against him at least 10
4days prior to the hearing thereon and has had an opportunity to
5be heard in person or by counsel. In the event of the removal
6of any Trustee, a record of the proceedings, together with the
7charges and findings thereon, shall be filed in the office of
8the clerk or clerks of the creating county or counties or
9municipality or municipalities.
10    The Board shall employ a managing director of the District
11and may employ a secretary, treasurer, technical experts and
12such other officers, agents and employees, permanent and
13temporary, as it may require, and shall fix and determine their
14qualifications, duties and compensation and the amount of bond
15to be furnished for such offices and positions. For such legal
16services as it may require, the Board may call upon any chief
17law officers of the municipality, municipalities, or the county
18or counties as the case may be, or may employ and fix the
19compensation of its own counsel and legal staff. The Board may
20delegate to one or more of its agents or employees such powers
21and duties as it may deem proper. Notwithstanding the other
22provisions of this paragraph, employment of any person other
23than a managing director or secretary by any Metro East Mass
24Transit District created by a single county shall require the
25authorization of the county board of such county.
26    Neither the District, the members of its Board nor its

 

 

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1officers or employees shall be held liable for failure to
2provide a security or police force or, if a security or police
3force is provided, for failure to provide adequate police
4protection or security, failure to prevent the commission of
5crimes by fellow passengers or other third persons or for the
6failure to apprehend criminals.
7(Source: P.A. 93-590, eff. 1-1-04; 93-792, eff. 7-22-04.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.