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.)