Rep. Michael W. Tryon

Filed: 4/4/2014

 

 


 

 


 
09800HB5842ham001LRB098 18849 JLK 58215 a

1
AMENDMENT TO HOUSE BILL 5842

2    AMENDMENT NO. ______. Amend House Bill 5842 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Open Meetings Act is amended by changing
5Section 2 as follows:
 
6    (5 ILCS 120/2)  (from Ch. 102, par. 42)
7    Sec. 2. Open meetings.
8    (a) Openness required. All meetings of public bodies shall
9be open to the public unless excepted in subsection (c) and
10closed in accordance with Section 2a.
11    (b) Construction of exceptions. The exceptions contained
12in subsection (c) are in derogation of the requirement that
13public bodies meet in the open, and therefore, the exceptions
14are to be strictly construed, extending only to subjects
15clearly within their scope. The exceptions authorize but do not
16require the holding of a closed meeting to discuss a subject

 

 

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1included within an enumerated exception.
2    (c) Exceptions. A public body may hold closed meetings to
3consider the following subjects:
4        (1) The appointment, employment, compensation,
5    discipline, performance, or dismissal of specific
6    employees of the public body or legal counsel for the
7    public body, including hearing testimony on a complaint
8    lodged against an employee of the public body or against
9    legal counsel for the public body to determine its
10    validity.
11        (2) Collective negotiating matters between the public
12    body and its employees or their representatives, or
13    deliberations concerning salary schedules for one or more
14    classes of employees.
15        (3) The selection of a person to fill a public office,
16    as defined in this Act, including a vacancy in a public
17    office, when the public body is given power to appoint
18    under law or ordinance, or the discipline, performance or
19    removal of the occupant of a public office, when the public
20    body is given power to remove the occupant under law or
21    ordinance.
22        (4) Evidence or testimony presented in open hearing, or
23    in closed hearing where specifically authorized by law, to
24    a quasi-adjudicative body, as defined in this Act, provided
25    that the body prepares and makes available for public
26    inspection a written decision setting forth its

 

 

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1    determinative reasoning.
2        (5) The purchase or lease of real property for the use
3    of the public body, including meetings held for the purpose
4    of discussing whether a particular parcel should be
5    acquired.
6        (6) The setting of a price for sale or lease of
7    property owned by the public body.
8        (7) The sale or purchase of securities, investments, or
9    investment contracts. This exception shall not apply to the
10    investment of assets or income of funds deposited into the
11    Illinois Prepaid Tuition Trust Fund.
12        (8) Security procedures and the use of personnel and
13    equipment to respond to an actual, a threatened, or a
14    reasonably potential danger to the safety of employees,
15    students, staff, the public, or public property.
16        (9) Student disciplinary cases.
17        (10) The placement of individual students in special
18    education programs and other matters relating to
19    individual students.
20        (11) Litigation, when an action against, affecting or
21    on behalf of the particular public body has been filed and
22    is pending before a court or administrative tribunal, or
23    when the public body finds that an action is probable or
24    imminent, in which case the basis for the finding shall be
25    recorded and entered into the minutes of the closed
26    meeting.

 

 

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1        (12) The establishment of reserves or settlement of
2    claims as provided in the Local Governmental and
3    Governmental Employees Tort Immunity Act, if otherwise the
4    disposition of a claim or potential claim might be
5    prejudiced, or the review or discussion of claims, loss or
6    risk management information, records, data, advice or
7    communications from or with respect to any insurer of the
8    public body or any intergovernmental risk management
9    association or self insurance pool of which the public body
10    is a member.
11        (13) Conciliation of complaints of discrimination in
12    the sale or rental of housing, when closed meetings are
13    authorized by the law or ordinance prescribing fair housing
14    practices and creating a commission or administrative
15    agency for their enforcement.
16        (14) Informant sources, the hiring or assignment of
17    undercover personnel or equipment, or ongoing, prior or
18    future criminal investigations, when discussed by a public
19    body with criminal investigatory responsibilities.
20        (15) Professional ethics or performance when
21    considered by an advisory body appointed to advise a
22    licensing or regulatory agency on matters germane to the
23    advisory body's field of competence.
24        (16) Self evaluation, practices and procedures or
25    professional ethics, when meeting with a representative of
26    a statewide association of which the public body is a

 

 

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1    member.
2        (17) The recruitment, credentialing, discipline or
3    formal peer review of physicians or other health care
4    professionals for a hospital, or other institution
5    providing medical care, that is operated by the public
6    body.
7        (18) Deliberations for decisions of the Prisoner
8    Review Board.
9        (19) Review or discussion of applications received
10    under the Experimental Organ Transplantation Procedures
11    Act.
12        (20) The classification and discussion of matters
13    classified as confidential or continued confidential by
14    the State Government Suggestion Award Board.
15        (21) Discussion of minutes of meetings lawfully closed
16    under this Act, whether for purposes of approval by the
17    body of the minutes or semi-annual review of the minutes as
18    mandated by Section 2.06.
19        (22) Deliberations for decisions of the State
20    Emergency Medical Services Disciplinary Review Board.
21        (23) The operation by a municipality of a municipal
22    utility or the operation of a municipal power agency or
23    municipal natural gas agency when the discussion involves
24    (i) contracts relating to the purchase, sale, or delivery
25    of electricity or natural gas or (ii) the results or
26    conclusions of load forecast studies.

 

 

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1        (24) Meetings of a residential health care facility
2    resident sexual assault and death review team or the
3    Executive Council under the Abuse Prevention Review Team
4    Act.
5        (25) Meetings of an independent team of experts under
6    Brian's Law.
7        (26) Meetings of a mortality review team appointed
8    under the Department of Juvenile Justice Mortality Review
9    Team Act.
10        (27) (Blank).
11        (28) Correspondence and records (i) that may not be
12    disclosed under Section 11-9 of the Public Aid Code or (ii)
13    that pertain to appeals under Section 11-8 of the Public
14    Aid Code.
15        (29) Meetings between internal or external auditors
16    and governmental audit committees, finance committees, and
17    their equivalents, when the discussion involves internal
18    control weaknesses, identification of potential fraud risk
19    areas, known or suspected frauds, and fraud interviews
20    conducted in accordance with generally accepted auditing
21    standards of the United States of America.
22        (30) Those meetings or portions of meetings of an
23    at-risk adult fatality review team or the Illinois At-Risk
24    Adult Fatality Review Team Advisory Council during which a
25    review of the death of an eligible adult in which abuse or
26    neglect is suspected, alleged, or substantiated is

 

 

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1    conducted pursuant to Section 15 of the Adult Protective
2    Services Act.
3        (31) (30) Meetings and deliberations for decisions of
4    the Concealed Carry Licensing Review Board under the
5    Firearm Concealed Carry Act.
6        (32) Meetings between the Regional Transportation
7    Authority Board and its Service Boards when the discussion
8    involves review by the Regional Transportation Authority
9    Board of employment contracts under Section 28d of the
10    Metropolitan Transit Authority Act and Sections 3A.18 and
11    3B.26 of the Regional Transportation Authority Act.
12    (d) Definitions. For purposes of this Section:
13    "Employee" means a person employed by a public body whose
14relationship with the public body constitutes an
15employer-employee relationship under the usual common law
16rules, and who is not an independent contractor.
17    "Public office" means a position created by or under the
18Constitution or laws of this State, the occupant of which is
19charged with the exercise of some portion of the sovereign
20power of this State. The term "public office" shall include
21members of the public body, but it shall not include
22organizational positions filled by members thereof, whether
23established by law or by a public body itself, that exist to
24assist the body in the conduct of its business.
25    "Quasi-adjudicative body" means an administrative body
26charged by law or ordinance with the responsibility to conduct

 

 

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1hearings, receive evidence or testimony and make
2determinations based thereon, but does not include local
3electoral boards when such bodies are considering petition
4challenges.
5    (e) Final action. No final action may be taken at a closed
6meeting. Final action shall be preceded by a public recital of
7the nature of the matter being considered and other information
8that will inform the public of the business being conducted.
9(Source: P.A. 97-318, eff. 1-1-12; 97-333, eff. 8-12-11;
1097-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876, eff.
118-1-12; 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; revised
127-23-13.)
 
13    Section 15. The Metropolitan Transit Authority Act is
14amended by changing Section 28 and adding Section 28d as
15follows:
 
16    (70 ILCS 3605/28)  (from Ch. 111 2/3, par. 328)
17    Sec. 28. The Board shall classify all the offices,
18positions and grades of regular and exempt employment required,
19excepting that of the Chairman of the Board, the Executive
20Director, Secretary, Treasurer, General Counsel, and Chief
21Engineer, with reference to the duties, job title, job schedule
22number, and the compensation fixed therefor, and adopt rules
23governing appointments to any of such offices or positions on
24the basis of merit and efficiency. The job title shall be

 

 

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1generally descriptive of the duties performed in that job, and
2the job schedule number shall be used to identify a job title
3and to further classify positions within a job title. No
4discrimination shall be made in any appointment or promotion to
5any office, position, or grade of regular employment because of
6race, creed, color, sex, national origin, physical or mental
7handicap unrelated to ability, or political or religious
8affiliations. No officer or employee in regular employment
9shall be discharged or demoted except for cause which is
10detrimental to the service. Any officer or employee in regular
11employment who is discharged or demoted may file a complaint in
12writing with the Board within ten days after notice of his or
13her discharge or demotion. If an employee is a member of a
14labor organization the complaint may be filed by such
15organization for and in behalf of such employee. The Board
16shall grant a hearing on such complaint within thirty (30) days
17after it is filed. The time and place of the hearing shall be
18fixed by the Board and due notice thereof given to the
19complainant, the labor organization by or through which the
20complaint was filed and the Executive Director. The hearing
21shall be conducted by the Board, or any member thereof or any
22officers' committee or employees' committee appointed by the
23Board. The complainant may be represented by counsel. If the
24Board finds, or approves a finding of the member or committee
25appointed by the Board, that the complainant has been unjustly
26discharged or demoted, he or she shall be restored to his or

 

 

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1her office or position with back pay. The decision of the Board
2shall be final and not subject to review. The Board may
3designate such offices, positions, and grades of employment as
4exempt as it deems necessary for the efficient operation of the
5business of the Authority. The total number of employees
6occupying exempt offices, positions, or grades of employment
7may not exceed 3% of the total employment of the Authority. All
8exempt offices, positions, and grades of employment shall be at
9will. No discrimination shall be made in any appointment or
10promotion to any office, position, or grade of exempt
11employment because of race, creed, color, sex, national origin,
12physical or mental handicap unrelated to ability, or religious
13or political affiliation. The Board may abolish any vacant or
14occupied office or position. Additionally, the Board may reduce
15the force of employees for lack of work or lack of funds as
16determined by the Board. When the number of positions or
17employees holding positions of regular employment within a
18particular job title and job schedule number are reduced, those
19employees with the least company seniority in that job title
20and job schedule number shall be first released from regular
21employment service. For a period of one year, an employee
22released from service shall be eligible for reinstatement to
23the job title and job schedule number from which he or she was
24released, in order of company seniority, if additional force of
25employees is required. "Company seniority" as used in this
26Section means the overall employment service credited to an

 

 

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1employee by the Authority since the employee's most recent date
2of hire irrespective of job titles held. If 2 or more employees
3have the same company seniority date, time in the affected job
4title and job schedule number shall be used to break the
5company seniority tie. For purposes of this Section, company
6seniority shall be considered a working condition. When
7employees are represented by a labor organization that has a
8labor agreement with the Authority, the wages, hours, and
9working conditions (including, but not limited to, seniority
10rights) shall be governed by the terms of the agreement. Exempt
11employment shall not include any employees who are represented
12by a labor organization that has a labor agreement with the
13Authority.
14    No employee, officer, or agent of the Chicago Transit Board
15may receive a bonus that exceeds 10% of his or her annual
16salary unless that bonus has been reviewed for a period of 14
17days by the Regional Transportation Authority Board. After 14
18days, the bonus shall be considered reviewed. This Section does
19not apply to usual and customary salary adjustments.
20(Source: P.A. 90-183, eff. 1-1-98.)
 
21    (70 ILCS 3605/28d new)
22    Sec. 28d. Employment contracts. Except as otherwise
23provided in Section 28a, before the Chicago Transit Board may
24enter into or amend any employment contract in excess of
25$100,000, the Chicago Transit Board must submit that contract

 

 

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1or amendment to the Regional Transportation Authority Board for
2review for a period of 14 days. After 14 days, the contract
3shall be considered reviewed. This Section applies only to
4contracts entered into or amended on or after the effective
5date of this amendatory Act of the 98th General Assembly.
 
6    Section 20. The Regional Transportation Authority Act is
7amended by changing Sections 2.14, 3A.05, 3B.05, 4.01 and by
8adding Sections 3A.18, 3B.26, 4.15, 4.16 and 5.06 as follows:
 
9    (70 ILCS 3615/2.14)  (from Ch. 111 2/3, par. 702.14)
10    Sec. 2.14. Appointment of Officers and Employees. The
11Authority may appoint, retain and employ officers, attorneys,
12agents, engineers and employees. The officers shall include an
13Executive Director, who shall be the chief executive officer of
14the Authority, appointed by the Chairman with the concurrence
15of 11 of the other then Directors of the Board. The Executive
16Director shall organize the staff of the Authority, shall
17allocate their functions and duties, shall transfer such staff
18to the Suburban Bus Division and the Commuter Rail Division as
19is sufficient to meet their purposes, shall fix compensation
20and conditions of employment of the staff of the Authority, and
21consistent with the policies of and direction from the Board,
22take all actions necessary to achieve its purposes, fulfill its
23responsibilities and carry out its powers, and shall have such
24other powers and responsibilities as the Board shall determine.

 

 

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1The Executive Director must be an individual of proven
2transportation and management skills and may not be a member of
3the Board. The Authority may employ its own professional
4management personnel to provide professional and technical
5expertise concerning its purposes and powers and to assist it
6in assessing the performance of the Service Boards in the
7metropolitan region.
8    No employee, officer, or agent of the Authority may receive
9a bonus that exceeds 10% of his or her annual salary unless
10that bonus has been reviewed by the Board for a period of 14
11days. After 14 days, the contract shall be considered reviewed.
12This Section does not apply to usual and customary salary
13adjustments.
14    No unlawful discrimination, as defined and prohibited in
15the Illinois Human Rights Act, shall be made in any term or
16aspect of employment nor shall there be discrimination based
17upon political reasons or factors. The Authority shall
18establish regulations to insure that its discharges shall not
19be arbitrary and that hiring and promotion are based on merit.
20    The Authority shall be subject to the "Illinois Human
21Rights Act", as now or hereafter amended, and the remedies and
22procedure established thereunder. The Authority shall file an
23affirmative action program for employment by it with the
24Department of Human Rights to ensure that applicants are
25employed and that employees are treated during employment,
26without regard to unlawful discrimination. Such affirmative

 

 

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1action program shall include provisions relating to hiring,
2upgrading, demotion, transfer, recruitment, recruitment
3advertising, selection for training and rates of pay or other
4forms of compensation.
5(Source: P.A. 95-708, eff. 1-18-08.)
 
6    (70 ILCS 3615/3A.05)  (from Ch. 111 2/3, par. 703A.05)
7    Sec. 3A.05. Appointment of officers and employees. The
8Suburban Bus Board shall appoint an Executive Director who
9shall be the chief executive officer of the Division,
10appointed, retained or dismissed with the concurrence of 9 of
11the directors of the Suburban Bus Board. The Executive Director
12shall appoint, retain and employ officers, attorneys, agents,
13engineers, employees and shall organize the staff, shall
14allocate their functions and duties, fix compensation and
15conditions of employment, and consistent with the policies of
16and direction from the Suburban Bus Board take all actions
17necessary to achieve its purposes, fulfill its
18responsibilities and carry out its powers, and shall have such
19other powers and responsibilities as the Suburban Bus Board
20shall determine. The Executive Director shall be an individual
21of proven transportation and management skills and may not be a
22member of the Suburban Bus Board. The Division may employ its
23own professional management personnel to provide professional
24and technical expertise concerning its purposes and powers and
25to assist it in assessing the performance of transportation

 

 

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1agencies in the metropolitan region.
2    No employee, officer, or agent of the Suburban Bus Board
3may receive a bonus that exceeds 10% of his or her annual
4salary unless that bonus has been reviewed by the Regional
5Transportation Authority Board for a period of 14 days. After
614 days, the contract shall be considered reviewed. This
7Section does not apply to usual and customary salary
8adjustments.
9    No unlawful discrimination, as defined and prohibited in
10the Illinois Human Rights Act, shall be made in any term or
11aspect of employment nor shall there be discrimination based
12upon political reasons or factors. The Suburban Bus Board shall
13establish regulations to insure that its discharges shall not
14be arbitrary and that hiring and promotion are based on merit.
15    The Division shall be subject to the "Illinois Human Rights
16Act", as now or hereafter amended, and the remedies and
17procedure established thereunder. The Suburban Bus Board shall
18file an affirmative action program for employment by it with
19the Department of Human Rights to ensure that applicants are
20employed and that employees are treated during employment,
21without regard to unlawful discrimination. Such affirmative
22action program shall include provisions relating to hiring,
23upgrading, demotion, transfer, recruitment, recruitment
24advertising, selection for training and rates of pay or other
25forms of compensation.
26(Source: P.A. 95-906, eff. 8-26-08.)
 

 

 

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1    (70 ILCS 3615/3A.18 new)
2    Sec. 3A.18. Employment contracts. Except as otherwise
3provided in Section 3A.14, before the Suburban Bus Board may
4enter into or amend any employment contract in excess of
5$100,000, the Suburban Bus Board must submit that contract or
6amendment to the Board for review for a period of 14 days.
7After 14 days, the contract shall be considered reviewed. This
8Section applies only to contracts entered into or amended on or
9after the effective date of this amendatory Act of the 98th
10General Assembly.
 
11    (70 ILCS 3615/3B.05)  (from Ch. 111 2/3, par. 703B.05)
12    Sec. 3B.05. Appointment of officers and employees. The
13Commuter Rail Board shall appoint an Executive Director who
14shall be the chief executive officer of the Division,
15appointed, retained or dismissed with the concurrence of 8 of
16the directors of the Commuter Rail Board. The Executive
17Director shall appoint, retain and employ officers, attorneys,
18agents, engineers, employees and shall organize the staff,
19shall allocate their functions and duties, fix compensation and
20conditions of employment, and consistent with the policies of
21and direction from the Commuter Rail Board take all actions
22necessary to achieve its purposes, fulfill its
23responsibilities and carry out its powers, and shall have such
24other powers and responsibilities as the Commuter Rail Board

 

 

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1shall determine. The Executive Director shall be an individual
2of proven transportation and management skills and may not be a
3member of the Commuter Rail Board. The Division may employ its
4own professional management personnel to provide professional
5and technical expertise concerning its purposes and powers and
6to assist it in assessing the performance of transportation
7agencies in the metropolitan region.
8    No employee, officer, or agent of the Commuter Rail Board
9may receive a bonus that exceeds 10% of his or her annual
10salary unless that bonus has been reviewed by the Regional
11Transportation Authority Board for a period of 14 days. After
1214 days, the contract shall be considered reviewed. This
13Section does not apply to usual and customary salary
14adjustments.
15    No unlawful discrimination, as defined and prohibited in
16the Illinois Human Rights Act, shall be made in any term or
17aspect of employment nor shall there be discrimination based
18upon political reasons or factors. The Commuter Rail Board
19shall establish regulations to insure that its discharges shall
20not be arbitrary and that hiring and promotion are based on
21merit.
22    The Division shall be subject to the "Illinois Human Rights
23Act", as now or hereafter amended, and the remedies and
24procedure established thereunder. The Commuter Rail Board
25shall file an affirmative action program for employment by it
26with the Department of Human Rights to ensure that applicants

 

 

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1are employed and that employees are treated during employment,
2without regard to unlawful discrimination. Such affirmative
3action program shall include provisions relating to hiring,
4upgrading, demotion, transfer, recruitment, recruitment
5advertising, selection for training and rates of pay or other
6forms of compensation.
7(Source: P.A. 95-708, eff. 1-18-08.)
 
8    (70 ILCS 3615/3B.26 new)
9    Sec. 3B.26. Employment contracts. Except as otherwise
10provided in Section 3B.13, before the Commuter Rail Board may
11enter into or amend any employment contract in excess of
12$100,000, the Commuter Rail Board must submit that contract or
13amendment to the Board for review for a period of 14 days.
14After 14 days, the contract shall be considered reviewed. This
15Section applies only to contracts entered into or amended on or
16after the effective date of this amendatory Act of the 98th
17General Assembly.
18    Before the Board of the Regional Transportation Authority
19may enter into or amend any employment contract in excess of
20$100,000, the Board must submit that contract to the Chairman
21and Minority Spokesman of the Mass Transit Committee, or its
22successor committee, of the House of Representatives, and to
23the Chairman and Minority Spokesman of the Transportation
24Committee, or its successor committee, of the Senate.
 

 

 

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1    (70 ILCS 3615/4.01)  (from Ch. 111 2/3, par. 704.01)
2    Sec. 4.01. Budget and Program.
3    (a) The Board shall control the finances of the Authority.
4It shall by ordinance adopted by the affirmative vote of at
5least 12 of its then Directors (i) appropriate money to perform
6the Authority's purposes and provide for payment of debts and
7expenses of the Authority, (ii) take action with respect to the
8budget and two-year financial plan of each Service Board, as
9provided in Section 4.11, and (iii) adopt an Annual Budget and
10Two-Year Financial Plan for the Authority that includes the
11annual budget and two-year financial plan of each Service Board
12that has been approved by the Authority. The Annual Budget and
13Two-Year Financial Plan shall contain a statement of the funds
14estimated to be on hand for the Authority and each Service
15Board at the beginning of the fiscal year, the funds estimated
16to be received from all sources for such year, the estimated
17expenses and obligations of the Authority and each Service
18Board for all purposes, including expenses for contributions to
19be made with respect to pension and other employee benefits,
20and the funds estimated to be on hand at the end of such year.
21The fiscal year of the Authority and each Service Board shall
22begin on January 1st and end on the succeeding December 31st.
23By July 1st of each year the Director of the Illinois
24Governor's Office of Management and Budget (formerly Bureau of
25the Budget) shall submit to the Authority an estimate of
26revenues for the next fiscal year of the Authority to be

 

 

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1collected from the taxes imposed by the Authority and the
2amounts to be available in the Public Transportation Fund and
3the Regional Transportation Authority Occupation and Use Tax
4Replacement Fund and the amounts otherwise to be appropriated
5by the State to the Authority for its purposes. The Authority
6shall file a copy of its Annual Budget and Two-Year Financial
7Plan with the General Assembly and the Governor after its
8adoption. Before the proposed Annual Budget and Two-Year
9Financial Plan is adopted, the Authority shall hold at least
10one public hearing thereon in the metropolitan region, and
11shall meet with the county board or its designee of each of the
12several counties in the metropolitan region. After conducting
13such hearings and holding such meetings and after making such
14changes in the proposed Annual Budget and Two-Year Financial
15Plan as the Board deems appropriate, the Board shall adopt its
16annual appropriation and Annual Budget and Two-Year Financial
17Plan ordinance. The ordinance may be adopted only upon the
18affirmative votes of 12 of its then Directors. The ordinance
19shall appropriate such sums of money as are deemed necessary to
20defray all necessary expenses and obligations of the Authority,
21specifying purposes and the objects or programs for which
22appropriations are made and the amount appropriated for each
23object or program. Additional appropriations, transfers
24between items and other changes in such ordinance may be made
25from time to time by the Board upon the affirmative votes of 12
26of its then Directors.

 

 

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1    (b) The Annual Budget and Two-Year Financial Plan shall
2show a balance between anticipated revenues from all sources
3and anticipated expenses including funding of operating
4deficits or the discharge of encumbrances incurred in prior
5periods and payment of principal and interest when due, and
6shall show cash balances sufficient to pay with reasonable
7promptness all obligations and expenses as incurred.
8    The Annual Budget and Two-Year Financial Plan must show:
9         (i) that the level of fares and charges for mass
10    transportation provided by, or under grant or purchase of
11    service contracts of, the Service Boards is sufficient to
12    cause the aggregate of all projected fare revenues from
13    such fares and charges received in each fiscal year to
14    equal at least 50% of the aggregate costs of providing such
15    public transportation in such fiscal year. "Fare revenues"
16    include the proceeds of all fares and charges for services
17    provided, contributions received in connection with public
18    transportation from units of local government other than
19    the Authority, except for contributions received by the
20    Chicago Transit Authority from a real estate transfer tax
21    imposed under subsection (i) of Section 8-3-19 of the
22    Illinois Municipal Code, and from the State pursuant to
23    subsection (i) of Section 2705-305 of the Department of
24    Transportation Law (20 ILCS 2705/2705-305), and all other
25    operating revenues properly included consistent with
26    generally accepted accounting principles but do not

 

 

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1    include: the proceeds of any borrowings, and, beginning
2    with the 2007 fiscal year, all revenues and receipts,
3    including but not limited to fares and grants received from
4    the federal, State or any unit of local government or other
5    entity, derived from providing ADA paratransit service
6    pursuant to Section 2.30 of the Regional Transportation
7    Authority Act. "Costs" include all items properly included
8    as operating costs consistent with generally accepted
9    accounting principles, including administrative costs, but
10    do not include: depreciation; payment of principal and
11    interest on bonds, notes or other evidences of obligation
12    for borrowed money issued by the Authority; payments with
13    respect to public transportation facilities made pursuant
14    to subsection (b) of Section 2.20 of this Act; any payments
15    with respect to rate protection contracts, credit
16    enhancements or liquidity agreements made under Section
17    4.14; any other cost to which it is reasonably expected
18    that a cash expenditure will not be made; costs for
19    passenger security including grants, contracts, personnel,
20    equipment and administrative expenses, except in the case
21    of the Chicago Transit Authority, in which case the term
22    does not include costs spent annually by that entity for
23    protection against crime as required by Section 27a of the
24    Metropolitan Transit Authority Act; the payment by the
25    Chicago Transit Authority of Debt Service, as defined in
26    Section 12c of the Metropolitan Transit Authority Act, on

 

 

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1    bonds or notes issued pursuant to that Section; the payment
2    by the Commuter Rail Division of debt service on bonds
3    issued pursuant to Section 3B.09; expenses incurred by the
4    Suburban Bus Division for the cost of new public
5    transportation services funded from grants pursuant to
6    Section 2.01e of this amendatory Act of the 95th General
7    Assembly for a period of 2 years from the date of
8    initiation of each such service; costs as exempted by the
9    Board for projects pursuant to Section 2.09 of this Act;
10    or, beginning with the 2007 fiscal year, expenses related
11    to providing ADA paratransit service pursuant to Section
12    2.30 of the Regional Transportation Authority Act; and in
13    fiscal years 2008 through 2012 inclusive, costs in the
14    amount of $200,000,000 in fiscal year 2008, reducing by
15    $40,000,000 in each fiscal year thereafter until this
16    exemption is eliminated; and
17        (ii) that the level of fares charged for ADA
18    paratransit services is sufficient to cause the aggregate
19    of all projected revenues from such fares charged and
20    received in each fiscal year to equal at least 10% of the
21    aggregate costs of providing such ADA paratransit
22    services. For purposes of this Act, the percentages in this
23    subsection (b)(ii) shall be referred to as the "system
24    generated ADA paratransit services revenue recovery
25    ratio". For purposes of the system generated ADA
26    paratransit services revenue recovery ratio, "costs" shall

 

 

09800HB5842ham001- 24 -LRB098 18849 JLK 58215 a

1    include all items properly included as operating costs
2    consistent with generally accepted accounting principles.
3    However, the Board may exclude from costs an amount that
4    does not exceed the allowable "capital costs of
5    contracting" for ADA paratransit services pursuant to the
6    Federal Transit Administration guidelines for the
7    Urbanized Area Formula Program.
8    (c) The actual administrative expenses of the Authority for
9the fiscal year commencing January 1, 1985 may not exceed
10$5,000,000. The actual administrative expenses of the
11Authority for the fiscal year commencing January 1, 1986, and
12for each fiscal year thereafter shall not exceed the maximum
13administrative expenses for the previous fiscal year plus 5%.
14"Administrative expenses" are defined for purposes of this
15Section as all expenses except: (1) capital expenses and
16purchases of the Authority on behalf of the Service Boards; (2)
17payments to Service Boards; and (3) payment of principal and
18interest on bonds, notes or other evidence of obligation for
19borrowed money issued by the Authority; (4) costs for passenger
20security including grants, contracts, personnel, equipment and
21administrative expenses; (5) payments with respect to public
22transportation facilities made pursuant to subsection (b) of
23Section 2.20 of this Act; and (6) any payments with respect to
24rate protection contracts, credit enhancements or liquidity
25agreements made pursuant to Section 4.14.
26    (d) This subsection applies only until the Department

 

 

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1begins administering and enforcing an increased tax under
2Section 4.03(m) as authorized by this amendatory Act of the
395th General Assembly. After withholding 15% of the proceeds of
4any tax imposed by the Authority and 15% of money received by
5the Authority from the Regional Transportation Authority
6Occupation and Use Tax Replacement Fund, the Board shall
7allocate the proceeds and money remaining to the Service Boards
8as follows: (1) an amount equal to 85% of the proceeds of those
9taxes collected within the City of Chicago and 85% of the money
10received by the Authority on account of transfers to the
11Regional Transportation Authority Occupation and Use Tax
12Replacement Fund from the County and Mass Transit District Fund
13attributable to retail sales within the City of Chicago shall
14be allocated to the Chicago Transit Authority; (2) an amount
15equal to 85% of the proceeds of those taxes collected within
16Cook County outside the City of Chicago and 85% of the money
17received by the Authority on account of transfers to the
18Regional Transportation Authority Occupation and Use Tax
19Replacement Fund from the County and Mass Transit District Fund
20attributable to retail sales within Cook County outside of the
21city of Chicago shall be allocated 30% to the Chicago Transit
22Authority, 55% to the Commuter Rail Board and 15% to the
23Suburban Bus Board; and (3) an amount equal to 85% of the
24proceeds of the taxes collected within the Counties of DuPage,
25Kane, Lake, McHenry and Will shall be allocated 70% to the
26Commuter Rail Board and 30% to the Suburban Bus Board.

 

 

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1    (e) This subsection applies only until the Department
2begins administering and enforcing an increased tax under
3Section 4.03(m) as authorized by this amendatory Act of the
495th General Assembly. Moneys received by the Authority on
5account of transfers to the Regional Transportation Authority
6Occupation and Use Tax Replacement Fund from the State and
7Local Sales Tax Reform Fund shall be allocated among the
8Authority and the Service Boards as follows: 15% of such moneys
9shall be retained by the Authority and the remaining 85% shall
10be transferred to the Service Boards as soon as may be
11practicable after the Authority receives payment. Moneys which
12are distributable to the Service Boards pursuant to the
13preceding sentence shall be allocated among the Service Boards
14on the basis of each Service Board's distribution ratio. The
15term "distribution ratio" means, for purposes of this
16subsection (e) of this Section 4.01, the ratio of the total
17amount distributed to a Service Board pursuant to subsection
18(d) of Section 4.01 for the immediately preceding calendar year
19to the total amount distributed to all of the Service Boards
20pursuant to subsection (d) of Section 4.01 for the immediately
21preceding calendar year.
22    (f) To carry out its duties and responsibilities under this
23Act, the Board shall employ staff which shall: (1) propose for
24adoption by the Board of the Authority rules for the Service
25Boards that establish (i) forms and schedules to be used and
26information required to be provided with respect to a five-year

 

 

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1capital program, annual budgets, and two-year financial plans
2and regular reporting of actual results against adopted budgets
3and financial plans, (ii) financial practices to be followed in
4the budgeting and expenditure of public funds, (iii)
5assumptions and projections that must be followed in preparing
6and submitting its annual budget and two-year financial plan or
7a five-year capital program; (2) evaluate for the Board public
8transportation programs operated or proposed by the Service
9Boards and transportation agencies in terms of the goals and
10objectives set out in the Strategic Plan; (3) keep the Board
11and the public informed of the extent to which the Service
12Boards and transportation agencies are meeting the goals and
13objectives adopted by the Authority in the Strategic Plan; and
14(4) assess the efficiency or adequacy of public transportation
15services provided by a Service Board and make recommendations
16for change in that service to the end that the moneys available
17to the Authority may be expended in the most economical manner
18possible with the least possible duplication.
19    (g) All Service Boards, transportation agencies,
20comprehensive planning agencies, including the Chicago
21Metropolitan Agency for Planning, or transportation planning
22agencies in the metropolitan region shall furnish to the
23Authority such information pertaining to public transportation
24or relevant for plans therefor as it may from time to time
25require. The Executive Director, or his or her designee, shall,
26for the purpose of securing any such information necessary or

 

 

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1appropriate to carry out any of the powers and responsibilities
2of the Authority under this Act, have access to, and the right
3to examine, all books, documents, papers or records of a
4Service Board or any transportation agency receiving funds from
5the Authority or Service Board, and such Service Board or
6transportation agency shall comply with any request by the
7Executive Director, or his or her designee, within 30 days or
8an extended time provided by the Executive Director.
9    (h) No Service Board shall undertake any capital
10improvement which is not identified in the Five-Year Capital
11Program.
12    (i) Each Service Board shall furnish to the Board access to
13its financial information including, but not limited to, audits
14and reports. The Board shall have real-time access to the
15financial information of the Service Boards; however, the Board
16shall be granted read-only access to the Service Board's
17financial information.
18(Source: P.A. 94-370, eff. 7-29-05; 95-708, eff. 1-18-08;
1995-906, eff. 8-26-08.)
 
20    (70 ILCS 3615/4.15 new)
21    Sec. 4.15. Revolving door prohibition. No Director,
22Service Board director or member, former Director, or former
23Service Board director or member shall, during his or her term
24and for a period of one year immediately after the end of his
25or her term, engage in business dealings with, knowingly accept

 

 

09800HB5842ham001- 29 -LRB098 18849 JLK 58215 a

1employment from, or receive compensation or fees for services
2from the Regional Transportation Authority from the Regional
3Transportation Authority, the Suburban Bus Board, the Commuter
4Rail Board or the Chicago Transit Board. This prohibition shall
5not apply to any business dealings engaged in by the Director
6or Service Board director or member in the course of his or her
7official duties or responsibilities as a Director or Service
8Board director or member.
 
9    (70 ILCS 3615/4.16 new)
10    Sec. 4.16. Severance and employment-related settlement
11agreements. If any of the Service Boards seek to enter into a
12severance agreement in excess of $50,000 or an
13employment-related settlement agreement in excess of $200,000,
14that agreement shall be reviewed by the Board prior to
15execution for a period of 14 days. After 14 days, the agreement
16shall be considered reviewed. The Board shall review the
17agreement to determine whether the terms are reasonable and in
18the region's best interest. The Service Boards may only enter
19into severance agreements or employment-related settlement
20agreements that have been reviewed by the Board.
 
21    (70 ILCS 3615/5.06 new)
22    Sec. 5.06. Greater Chicago Mass Transit Transparency and
23Accountability Portal (CHI-TAP).
24    (a) The Authority, within 12 months after the effective

 

 

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1date of this amendatory Act of the 98th General Assembly, shall
2establish and maintain a website, known as the Greater Chicago
3Mass Transit Transparency and Accountability Portal (CHI-TAP),
4and shall be tasked with compiling and updating the CHI-TAP
5database with information received from the Authority and all
6of its Service Boards.
7    (b) For purposes of this Section:
8        "Contracts" means payment obligations with vendors on
9    file to purchase goods and services exceeding $10,000 in
10    value.
11        "Recipients" means the Authority or any of its Service
12    Boards.
13    (c) The CHI-TAP shall provide direct access to each of the
14following:
15        (1) A database of all current employees of the
16    Authority and its Service Boards, sorted separately by:
17            (i) Name.
18            (ii) Employing entity.
19            (iii) Employing division or department.
20            (iv) Employment position title.
21            (v) Current base salary or hourly rate and
22        year-to-date gross pay.
23        (2) A database of all current Authority expenditures,
24    sorted separately by Service Board and category.
25        (3) A database of all Authority and Service Board
26    contracts entered into after the effective date of this

 

 

09800HB5842ham001- 31 -LRB098 18849 JLK 58215 a

1    amendatory Act of the 98th General Assembly, sorted
2    separately by contractor name, awarding officer or agency,
3    contract value, and goods or services provided.
4        (4) A database of all employees of the Authority and
5    its Service Boards hired on or after the effective date of
6    this amendatory Act of the 98th General Assembly, sorted
7    searchably by each of the following at the time of
8    employment:
9            (i) Name.
10            (ii) Employing entity.
11            (iii) Employing division.
12            (iv) Employment position title.
13            (v) Current base salary or hourly rate and
14        year-to-date gross pay.
15            (vi) County of employment location.
16            (vii) Status of position including, but not
17        limited to, bargained-for positions, at-will
18        positions, or not bargained for positions.
19            (viii) Employment status including, but not
20        limited to, full-time permanent, full-time temporary,
21        part-time permanent and part-time temporary.
22            (ix) Status as a military veteran.
23        (5) A database of publicly available accident-related
24    and safety-related information currently required to be
25    reported to the federal Secretary of Transportation under
26    49 U.S.C. 5335.

 

 

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1    (d) The CHI-TAP shall include all information required to
2be published by subsection (c) of this Section that is
3available to the Authority in a format the Authority can
4compile and publish on the CHI-TAP. The Authority shall update
5the CHI-TAP within 30 days as additional information becomes
6available in a format that can be compiled and published on the
7CHI-TAP by the Authority.
8    (e) Each Service Board shall cooperate with the Authority
9in furnishing the information necessary for the implementation
10of this Section within a timeframe specified by the Authority.
11    (f) The Authority and its Service Boards are independently
12responsible for the accuracy of the specific information
13provided by each agency to be displayed on CHI-TAP.
 
14    Section 90. The State Mandates Act is amended by adding
15Section 8.38 as follows:
 
16    (30 ILCS 805/8.38 new)
17    Sec. 8.38. Exempt mandate. Notwithstanding Sections 6 and 8
18of this Act, no reimbursement by the State is required for the
19implementation of any mandate created by this amendatory Act of
20the 98th General Assembly.".