Public Act 093-0792
 
HB6229 Enrolled LRB093 15462 MKM 41065 b

    AN ACT in relation to transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Local Mass Transit District Act is amended
by changing Section 4 as follows:
 
    (70 ILCS 3610/4)  (from Ch. 111 2/3, par. 354)
    Sec. 4. The powers of the local Mass Transit District shall
repose in, and be exercised by, a Board of Trustees. If the
District is created by only one municipality or only one county
the corporate authorities or the county board chairman with the
consent of the county board of such municipality or county
shall appoint either 3 or 5 trustees to the Board; provided
that in any Metro East Mass Transit District created by a
single county, 5 trustees shall be appointed and the trustees
so appointed shall be: (1) a mayor of a municipality within the
District; (2) a township supervisor from within the District,
or if in a county without township supervisors, another mayor
within the District; (3) the county board chairman in which the
District was formed or such other county board member as he
shall designate; and (4) 2 members of the general public. If
the District is created by one or more municipalities or one or
more counties or any combination thereof, the corporate
authorities and the county board chairman of each participating
municipality or county shall determine the percentage of
service that the District provides to each municipality or
county. Each participating municipality and county shall
appoint trustees in proportion to the percentage of service
received from the District by that municipality or county. The
corporate authorities or the county board chairman, with the
consent of the county board, of each participating municipality
or county shall appoint one trustee to the Board for each 30%
or fraction thereof of service that the municipality or county
receives from the District. If an even number of trustees are
appointed to the Board, the corporate authorities or the county
board chairman, with the consent of the county board, of the
municipality or county that receives the largest percentage of
service from the District shall appoint one additional trustee.
or the county board chairman with the consent of the county
board of each participating municipality or county shall
appoint one trustee to the Board for every 100,000 inhabitants,
or fraction thereof, of such municipality or county. The first
Trustees appointed to the Board and any 2 additional trustees,
initially appointed as a result of this amendatory Act of 1983
shall serve for terms of 4 years or less, the terms to be
staggered to the extent possible so that they expire one year
apart and so that the terms of not more than 2 trustees expire
in the same year, with the Trustees to serve less than 4 years
to be selected by lot. Thereafter, their successors shall serve
for 4 years. Vacancies shall be filled for the unexpired term
in the same manner as the original appointment.
    Except in a Metro East Mass Transit District, no Trustee of
any District may be an elected official of the municipality or
municipalities or county or counties creating the District. A
Trustee shall hold office until his successor has been
appointed and has qualified. A certificate of the appointment
or reappointment of any Trustee shall be filed with the clerk
or clerks and such certificate shall be conclusive evidence of
the due and proper appointment of such Trustee. A Trustee shall
receive, as compensation for his services, not more than $100
for each day devoted to the business of the Board but not more
than $400 per month. For the purposes of this Section, each
District may determine what constitutes a business day. He
shall also be entitled to the necessary expenses, including
traveling expenses, incurred in the discharge of his duties.
The powers of each District and the Board shall be vested in
the Trustees thereof in office from time to time. A majority
shall constitute a quorum of the Board for the purpose of
conducting its business and exercising its powers and for all
other purposes. Action may be taken by the Board upon a vote of
the majority of the Trustees present, unless in any case the
bylaws of the Board shall require a larger number. The Board
shall select a chairman and a vice-chairman from among the
Trustees.
    No Trustee or employee of the Board shall acquire or have
any interest direct or indirect in any contract or proposed
contract for materials or services to be furnished or used in
connection with operations of the District. For inefficiency or
neglect of duty or misconduct in office, a Trustee may be
removed by the person or body which made the original
appointment, but a Trustee shall be removed only after he shall
have been given a copy of the charges against him at least 10
days prior to the hearing thereon and has had an opportunity to
be heard in person or by counsel. In the event of the removal
of any Trustee, a record of the proceedings, together with the
charges and findings thereon, shall be filed in the office of
the clerk or clerks of the creating county or counties or
municipality or municipalities.
    The Board shall employ a managing director of the District
and may employ a secretary, treasurer, technical experts and
such other officers, agents and employees, permanent and
temporary, as it may require, and shall fix and determine their
qualifications, duties and compensation and the amount of bond
to be furnished for such offices and positions. For such legal
services as it may require, the Board may call upon any chief
law officers of the municipality, municipalities, or the county
or counties as the case may be, or may employ and fix the
compensation of its own counsel and legal staff. The Board may
delegate to one or more of its agents or employees such powers
and duties as it may deem proper. Notwithstanding the other
provisions of this paragraph, employment of any person other
than a managing director or secretary by any Metro East Mass
Transit District created by a single county shall require the
authorization of the county board of such county.
    Neither the District, the members of its Board nor its
officers or employees shall be held liable for failure to
provide a security or police force or, if a security or police
force is provided, for failure to provide adequate police
protection or security, failure to prevent the commission of
crimes by fellow passengers or other third persons or for the
failure to apprehend criminals.
(Source: P.A. 93-590, eff. 1-1-04.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/22/2004