45 ILCS 105/ Bi-State Development Agency Act.

(45 ILCS 105/0.01) (from Ch. 127, par. 63s)

Sec. 0.01. Short title. This Act may be cited as the Bi-State Development Agency Act.

(Source: P.A. 86-1324.)

(45 ILCS 105/1) (from Ch. 127, par. 63s-1)

Sec. 1. Within ninety days after this act becomes effective the governor shall, by and with the advice and consent of the Senate, appoint five commissioners of the Bi-State Development Agency created by compact between the states of Missouri and Illinois. If the Senate is not in session at the time for making any appointment, the Governor shall make a temporary appointment as in case of a vacancy. All commissioners so appointed shall be qualified voters of the State of Illinois and shall reside within the Bi-State Development District established by the compact.

(Source: Laws 1949, p. 448.)

(45 ILCS 105/2) (from Ch. 127, par. 63s-2)

Sec. 2. (a) Of the Commissioners first appointed one shall be appointed to serve for a term of one year, one for two years, one for three years, one for four years and one for five years from the third Monday in January following his appointment. Beginning with the appointment to be filled in January of 2004, and the expiration of each term of each commissioner thereafter, and each succeeding commissioner thereafter, the Chairman of the County Board of the County of Madison or the County of St. Clair, as the case may be, shall, by and with the advice and consent of the respective County Board, appoint a successor who shall hold office for a term of five years. Each commissioner shall hold office until his successor has been appointed and qualified. The commissioners shall elect a chairman of the Illinois delegation annually from among themselves.

(b) The Chairman of the County Board of St. Clair County shall appoint a commissioner for the term expiring in January, 2004 and in the following year the Chairman of the County Board of Madison County shall appoint a commissioner for the term expiring in January of that year. Successive appointments shall alternate between the Chairman of the St. Clair County Board and the Chairman of the Madison County Board, except as may be modified by the provisions of subsection (c).

(c) In the event that a tax has been imposed in Monroe County consistent with the provisions of Section 5.01 of the Local Mass Transit District Act, the Chairman of the Monroe County Board shall, upon the expiration of the term of a commissioner who is a resident of the County in which 3 of the then remaining commissioners reside, appoint a commissioner with the advice and consent of the Monroe County Board. The commissioner appointed by the Monroe County Board shall hold office for a term of 5 years and a successor shall be appointed by the chairman of the Monroe County Board, with the advice and consent of the Monroe County Board. The appointments of the 4 remaining commissioners shall then continue to alternate between St. Clair and Madison County so that each County shall continue to retain the appointments of 2 commissioners. To the extent that this subsection (c) conflicts with any other provision of this Section or Section 3, the provisions of this subsection (c) control.

(d) A county authorized to appoint commissioners that does not contract for light rail service with the Bi-State Development Agency and does not pay for that service in part with county-generated revenue shall be limited to one commissioner. When the term of an existing commissioner expires from the county without light rail service and there is another commissioner from that county serving an unexpired term, the commissioner leaving shall be replaced by an appointee from a county contracting for light rail service; this process shall continue until the county without light rail service has only one commissioner. At that point, that one commissioner will continue to be appointed as previously authorized by this Act.

(Source: P.A. 101-584, eff. 1-1-20.)

(45 ILCS 105/3) (from Ch. 127, par. 63s-3)

Sec. 3. Vacancies occurring in the office of any commissioner shall be filled by appointment by the Chairman of the County Board that made the original appointment of that commissioner, with the advice and consent of the respective county board, for the unexpired term. Any vacancies occurring during the transition for the implementation of this amendatory Act of the 93rd General Assembly that were appointed by the Governor, and not by the respective County Board Chairmen, shall be filled by the appointment by the County Board Chairman of Madison County if occurring in the years 2004, 2006, or 2008 or by the County Board Chairman of St. Clair County if occurring in the years 2005 or 2007, each with the advice and consent of the respective county board.

(Source: P.A. 95-331, eff. 8-21-07.)

(45 ILCS 105/4) (from Ch. 127, par. 63s-4)

Sec. 4. The commissioners shall serve without compensation but shall be entitled to be reimbursed for the necessary expenses incurred in the performance of their duties.

(Source: Laws 1949, p. 448.)

(45 ILCS 105/5) (from Ch. 127, par. 63s-5)

Sec. 5. The commissioners shall have the powers and duties and be subject to the limitations provided for in the compact entered into between the two States, and together with five commissioners from the State of Missouri shall form the "Bi-State Development Agency".

(Source: Laws 1949, p. 448.)

(45 ILCS 105/6) (from Ch. 127, par. 63s-6)

Sec. 6. The commissioners of "The Bi-State Development Agency" shall receive and take over the furniture, fixtures, books, maps, plans, records, reports, pictures, sketches, films, and other papers and property of what kind so ever pertaining or belonging to or in the custody of the members of the commission appointed pursuant to House Bill No. 460 of the Sixty-fifth General Assembly, or in their possession or under their control as such commissioners, or held by them, or for which they are responsible in their official capacity.

(Source: Laws 1949, p. 448.)

(45 ILCS 105/7) (from Ch. 127, par. 63s-7)

Sec. 7. The commissioners of the "Bi-State Development Agency" shall take up, study and consider the recommendations of the Bi-State Commission, appointed pursuant to House Bill No. 460 of the Sixty-fifth General Assembly, shall hold public hearings thereon, shall confer with the federal, state and municipal bodies within the district, and any other bodies having to do with Bi-State District facilities, and shall, for the purpose of securing advice and information, create an advisory council of representatives of business, labor, and other civic bodies within the District, whose objectives include consideration of the matters embraced in the Compact.

(Source: Laws 1949, p. 448.)

(45 ILCS 105/8) (from Ch. 127, par. 63s-8)

Sec. 8. The commissioners of "The Bi-State Development Agency" shall report to the legislature of the two states during January 1951, the results of such study, investigation, hearings and conference, and shall submit a "Comprehensive Plan for the Development of the District", based upon the results of such study, investigation, hearings and conference, together with their recommendations for such legislation as they deem appropriate for the effectuation and consummation of such plan.

(Source: Laws 1949, p. 448.)

(45 ILCS 105/8.5)

Sec. 8.5. Rail safety recommendation report. The Bi-State Development Agency may issue an annual report on or before December 31 of each year containing all rail safety recommendations made by the National Transportation Safety Board during the previous 12 months and the status of the Corporation's implementation of those recommendations. If the Bi-State Development Agency voluntarily issues a report under this Section, the Bi-State Development Agency shall make the report publicly available on the Agency's website.

(Source: P.A. 103-640, eff. 7-1-24.)

(45 ILCS 105/9)

Sec. 9. Conference by communications equipment. The commissioners of the Bi-State Development Agency may participate in a committee or board meeting by conference telephone or other communication equipment if all persons attending the meeting, including the general public, can hear and communicate with the commissioners when appropriate. Participation in a committee or board meeting in this manner by a commissioner shall constitute presence in person at the meeting.

(Source: P.A. 90-210, eff. 7-25-97.)

(45 ILCS 105/10)

Sec. 10. Urbanized Area Formula Funding program; Madison Mass Transit District.

(a) As used in this Section:

"Agency" means the Bi-State Development Agency.

"District" means the Madison Mass Transit District.

"Federal formula" means the Urbanized Area Formula Funding program under 49 USC 5307.

(b) The Agency shall pass through to the District on an annual basis the amount of federal formula assistance equal to 100% of the Alton/Wood River urbanized area formula allocation as capital assistance, on the basis that the District is the exclusive provider of public transit service in the Alton/Wood River urbanized area with total responsibility for capital and operating expenses to deliver such services. The District shall be responsible for any obligations associated with the receipt of these funds as required by the Federal Transit Administration.

(c) The Agency shall pass through to the District 100% of that portion of the federal formula funds allocation generated to the St. Louis urbanized area as a result of the District's filing of National Transit Database statistics for passengers miles and revenue miles for those transportation services operated and reported by the District, including motor bus, demand response, and vanpool services, as defined by the Federal Transit Administration. The Agency shall use the Federal Transit Administration Unit Values of Data, published annually in the Federal Register, to calculate this allocation each year. The District shall be responsible for any obligations associated with the receipt of these funds as required by the Federal Transit Administration.

(d) The Agency shall retain the federal formula funds allocated by the Federal Transit Administration to the region on the basis of Madison County, Illinois population and population density within the St. Louis urbanized area. Additionally, the Agency shall retain those federal formula funds allocated on the basis of regular fixed route and seasonal services operated and reported by the Agency in the St. Louis urbanized area. These revenues shall constitute the total financial commitment and payment in full for:

(1) all claims, debts or obligations, rights, liabilities, direct or indirect, made or asserted by the Agency, arising out of any previous service agreements, issues, or relationship between the District and the Agency occurring on or before June 30, 2019; and

(2) any capital or operating subsidy for the MetroLink Light Rail System, as currently configured or as may be extended in the future. The Agency shall afford the District's bus passengers and vehicles full access to the MetroLink system without any additional fees or surcharges above and beyond those fares typically charged residents of the St. Clair County, the City of St. Louis, Missouri, or St. Louis County, Missouri, for comparable distance trips, subject to any agreement between the Agency and the District existing on the effective date of this amendatory Act of the 101st General Assembly, until such time MetroLink is extended into Madison County.

(Source: P.A. 101-584, eff. 1-1-20.)