State of Illinois
91st General Assembly

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 1        AN ACT concerning mass transit.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.   The  Local  Mass  Transit  District  Act  is
 5    amended by changing Section 4 as follows:

 6        (70 ILCS 3610/4) (from Ch. 111 2/3, par. 354)
 7        Sec. 4.  Board of trustees.  The powers of the local Mass
 8    Transit  District  shall  repose  in,  and be exercised by, a
 9    Board of Trustees.  If the District is created  by  only  one
10    municipality  or only one county the corporate authorities or
11    the county board chairman with  the  consent  of  the  county
12    board  of  such municipality or county shall appoint either 3
13    or 5 trustees to the Board; provided that in any  Metro  East
14    Mass  Transit District created by a single county, 5 trustees
15    shall be appointed and the trustees so  appointed  shall  be:
16    (1)  a  mayor  of  a  municipality  within  the county; (2) a
17    township supervisor from such  county,  or  if  in  a  county
18    without  township  supervisors,  another  such mayor; (3) the
19    county board chairman or such other county board member as he
20    shall designate; and (4) 2 members of the general public.  If
21    the District is created by one or more municipalities or  one
22    or  more  counties  or any combination thereof, the corporate
23    authorities or the county board chairman with the consent  of
24    the county board of each participating municipality or county
25    shall  appoint  one  trustee  to  the Board for every 100,000
26    inhabitants, or fraction thereof,  of  such  municipality  or
27    county.   The first Trustees appointed to the Board and any 2
28    additional trustees, initially appointed as a result of  this
29    amendatory  Act  of  1983 shall serve for terms of 4 years or
30    less, the terms to be staggered to  the  extent  possible  so
31    that  they expire one year apart and so that the terms of not
                            -2-                LRB9111946MWcs
 1    more than 2 trustees  expire  in  the  same  year,  with  the
 2    Trustees  to  serve  less than 4 years to be selected by lot.
 3    Thereafter,  their  successors  shall  serve  for  4   years.
 4    Vacancies  shall be filled for the unexpired term in the same
 5    manner as the original appointment.
 6        Except in a Metro East Mass Transit District, no  Trustee
 7    of   any   District   may  be  an  elected  official  of  the
 8    municipality or municipalities or county or counties creating
 9    the District. A Trustee shall hold office until his successor
10    has been appointed and has qualified.  A certificate  of  the
11    appointment  or  reappointment  of any Trustee shall be filed
12    with the clerk  or  clerks  and  such  certificate  shall  be
13    conclusive evidence of the due and proper appointment of such
14    Trustee.   A  Trustee  shall receive, as compensation for his
15    services, $50 for each day devoted to  the  business  of  the
16    Board  but not more than $200 per month.  For the purposes of
17    this Section, each District may determine what constitutes  a
18    business  day.   He  shall  also be entitled to the necessary
19    expenses,  including  traveling  expenses,  incurred  in  the
20    discharge of his duties.  The powers of each  District  shall
21    be  vested  in  the  Trustees  thereof in office from time to
22    time.  A majority shall constitute a quorum of the Board  for
23    the  purpose  of  conducting  its business and exercising its
24    powers and for all other purposes.  Action may  be  taken  by
25    the  Board  upon  a  vote  of  the  majority  of the Trustees
26    present, unless in any case the bylaws  of  the  Board  shall
27    require  a  larger number.  The Board shall select a chairman
28    and a vice-chairman from among the Trustees.
29        No Trustee or employee of the Board shall acquire or have
30    any interest direct or indirect in any contract  or  proposed
31    contract for materials or services to be furnished or used in
32    connection with operations of the District.  For inefficiency
33    or  neglect of duty or misconduct in office, a Trustee may be
34    removed by  the  person  or  body  which  made  the  original
                            -3-                LRB9111946MWcs
 1    appointment,  but  a  Trustee  shall be removed only after he
 2    shall have been given a copy of the charges  against  him  at
 3    least  10  days  prior  to the hearing thereon and has had an
 4    opportunity to be heard in person  or  by  counsel.   In  the
 5    event  of  the  removal  of  any  Trustee,  a  record  of the
 6    proceedings, together with the charges and findings  thereon,
 7    shall  be  filed  in the office of the clerk or clerks of the
 8    creating   county   or   counties    or    municipality    or
 9    municipalities.
10        The  Board  shall  employ  a  managing  director  of  the
11    District  and  may  employ  a secretary, treasurer, technical
12    experts  and  such  other  officers,  agents  and  employees,
13    permanent and temporary, as it may require, and shall fix and
14    determine their qualifications, duties and  compensation  and
15    the  amount  of  bond  to  be  furnished for such offices and
16    positions.  For such legal services as it  may  require,  the
17    Board   may   call   upon  any  chief  law  officers  of  the
18    municipality, municipalities, or the county  or  counties  as
19    the  case  may  be, or may employ and fix the compensation of
20    its own counsel and legal staff.  The Board may  delegate  to
21    one or more of its agents or employees such powers and duties
22    as  it may deem proper.  Notwithstanding the other provisions
23    of this paragraph, employment of  any  person  other  than  a
24    managing director or secretary by any Metro East Mass Transit
25    District  created  by  a  single  county  shall  require  the
26    authorization of the county board of such county.
27        Neither  the  District,  the members of its Board nor its
28    officers or employees shall be held  liable  for  failure  to
29    provide  a  security  or  police  force  or, if a security or
30    police force is provided, for  failure  to  provide  adequate
31    police   protection  or  security,  failure  to  prevent  the
32    commission of crimes by  fellow  passengers  or  other  third
33    persons or for the failure to apprehend criminals.
34    (Source: P.A. 85-779.)

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