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Public Act 097-1116


 

Public Act 1116 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-1116
 
SB2937 EnrolledLRB097 16518 KMW 61687 b

    AN ACT concerning local government.
 
    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 Sections 2, 3, and 5.1 as follows:
 
    (70 ILCS 3610/2)  (from Ch. 111 2/3, par. 352)
    Sec. 2. Definitions. For the purposes of this Act:
    (a) "Mass transit facility" means any local public
transportation facility, whether buses, trolley-buses, or
railway systems, utilized by a substantial number of persons
for their daily transportation, and includes not only the local
public transportation facility itself but ancillary and
supporting facilities such as, for example, motor vehicle
parking facilities, as well.
    (b) "Participating municipality and county" means the
municipality or municipalities, county or counties creating
the local Mass Transit District pursuant to Section 3 of this
Act.
    (c) "Municipality" means a city, village, township, or
incorporated town.
    (d) "Corporate authorities" means (1) the city council or
similar body of a city, (2) the board of trustees or similar
body of a village or incorporated town, (3) the council of a
municipality under the commission form of municipal
government, and (4) the board of trustees in a township.
    (e) "County board" means the governing board of a county.
    (f) "District" means a local Mass Transit District created
pursuant to Section 3 of this Act.
    (g) "Board" means the Board of Trustees of a local Mass
Transit District created pursuant to Section 3 of this Act.
    (h) "Interstate transportation authority" shall mean any
political subdivision created by compact between this State and
another state, which is a body corporate and politic and a
political subdivision of both contracting states, and which
operates a public mass transportation system.
    (i) "Metro East Mass Transit District" means one or more
local mass transit districts created pursuant to this Act,
composed only of Madison, St. Clair or Monroe Counties, or any
combination thereof or any territory annexed to such district.
    (j) "Public mass transportation system" shall mean a
transportation system or systems owned and operated by an
interstate transportation authority, a municipality, District,
or other public or private authority, employing motor busses,
rails or any other means of conveyance, by whatsoever type or
power, operated for public use in the conveyance of persons,
mainly providing local transportation service within an
interstate transportation district, municipality, or county.
    (k) "Southeast Commuter Rail Transit District" means one or
more local mass transit districts created pursuant to this Act,
composed only of municipalities located within Cook County or
Will County, or both, or any territory annexed to such
district.
    (l) "Northwest Metra Commuter Rail District" means one or
more local mass transit districts created pursuant to this Act,
composed only of municipalities located within McHenry County,
or any territory annexed to such district.
(Source: P.A. 95-331, eff. 8-21-07; 96-1542, eff. 3-8-11.)
 
    (70 ILCS 3610/3)  (from Ch. 111 2/3, par. 353)
    Sec. 3. Creation of a district. For the purpose of
acquiring, constructing, owning, operating and maintaining
mass transit facilities for public service or subsidizing the
operation thereof a local Mass Transit District may be created,
composed of one or more municipalities or one or more counties
or any combination thereof, by ordinance approved by a majority
vote of the corporate authorities or by resolution approved by
a majority vote of the county board of each participating
municipality and county. A Metro East Mass Transit District
created by one or more counties shall include: (1) those
townships which were served by regularly scheduled mass transit
routes operated by an interstate transportation authority on
June 1, 1980; (2) in the case of a county without townships,
any municipality or unincorporated portion of a road district
which was served by regularly scheduled mass transit routes
operated by an interstate transportation authority on June 1,
1980; (3) any other townships or municipalities whose
participation is approved by ordinance adopted by a majority
vote of their Board of Trustees or corporate authorities; plus
(4) in the case of a county without townships, the
unincorporated portion of any road district, the participation
of which is approved by an ordinance adopted by a majority vote
of the Board of Commissioners of the county in which it is
located. Such District shall be known as the ".... Mass Transit
District", inserting all or any significant part of the name or
names of the municipality or the county, or both, creating the
District, or a name descriptive of the area to be served if the
District is created by more than one municipality, more than
one county, or any combination thereof. A Southeast Commuter
Rail Transit District shall include: the Village of Crete, the
Village of Steger, the Village of South Chicago Heights, the
City of Chicago Heights, the Village of Glenwood, the Village
of Thornton, the Village of South Holland, the Village of
Dolton, the City of Calumet City, the Village of Lansing, and
the Village of Lynwood. A Northwest Metra Commuter Rail
District shall include all municipalities located within
McHenry County.
    The District created pursuant to this Act shall be a
municipal corporation and shall have the right of eminent
domain to acquire private property which is necessary for the
purposes of the District, and shall have the power to contract
for public mass transportation with an Interstate
Transportation Authority.
    Upon the creation of any District, the clerk of the
municipality or of the county, or the clerks of the several
municipalities or counties, as the case may be, shall certify a
copy of the ordinance or resolution creating the District, and
the names of the persons first appointed Trustees thereof, and
shall file the same with the county clerk for recording as
certificates of incorporation and the county clerk shall cause
duplicate certified copies thereof to be filed with the
Secretary of State.
(Source: P.A. 96-1542, eff. 3-8-11.)
 
    (70 ILCS 3610/5.1)  (from Ch. 111 2/3, par. 355.1)
    Sec. 5.1. (a) The Board of Trustees of any district created
after July 1, 1967 (except districts created under Section 3.1)
has no authority to levy the tax provided for in subparagraph
(10) of paragraph (f) of Section 5 unless the question of
authorizing such tax is submitted to the voters of the district
and approved by a majority of the voters of the district voting
on the question.
    The board of trustees of any such district may by
resolution cause such question to be submitted to the voters of
the district at a regular election as specified in such
resolution. The question shall be certified, submitted and
notice of the election shall be given in accordance with the
general election law. The proposition shall be in substantially
the following form:
-------------------------------------------------------------
    Shall the board of trustees of........
Mass Transit District be authorized to levy a    YES
tax on property within the district at a rate  --------------
of not to exceed .25% on the assessed value      NO
of such property?
-------------------------------------------------------------
    (b) The Board of Trustees of any district which has the
authority to levy the tax at a rate not to exceed .05% provided
for in subparagraph (10) of paragraph (f) of Section 5 of this
Act before the effective date of this amendatory Act of 1974
does not have the authority to increase the tax levy to a rate
not to exceed .25% unless the question of increasing the taxing
authority is submitted to the voters of the district and
approved by a majority of the voters of the district voting on
the question.
    The Board of Trustees of any such district may by
resolution cause such question to be submitted to the voters of
the district at a regular election as specified in such
resolution. The question shall be certified, submitted and
notice of the election shall be given in accordance with the
general election law. The proposition shall be in substantially
the following form:
-------------------------------------------------------------
    Shall the board of trustees of........
Mass Transit District be given the authority to    YES
increase their power to levy a tax on property
within the district from a rate not to exceed    ------------
.05% on the assessed value of such property
to a rate not to exceed .25% on the assessed       NO
value of such property?
-------------------------------------------------------------
    The provisions of this subsection (b) shall not apply to
the Northwest Metra Commuter Rail District.
(Source: P.A. 81-1489.)

Effective Date: 1/1/2013