Rep. Suzanne Bassi
Filed: 4/30/2007
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1 | AMENDMENT TO HOUSE BILL 1134
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2 | AMENDMENT NO. ______. Amend House Bill 1134 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Pension Code is amended by | ||||||
5 | changing Sections 7-132 and 14-103.05 and by adding Sections | ||||||
6 | 7-139.12 and 14-104.13 as follows:
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7 | (40 ILCS 5/7-132)
(from Ch. 108 1/2, par. 7-132)
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8 | Sec. 7-132. Municipalities, instrumentalities and | ||||||
9 | participating
instrumentalities included and effective dates.
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10 | (A) Municipalities and their instrumentalities.
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11 | (a) The following described municipalities, but not | ||||||
12 | including any with
more than 1,000,000 inhabitants, and the | ||||||
13 | instrumentalities thereof,
shall be included within and be | ||||||
14 | subject to this Article beginning upon the
effective dates | ||||||
15 | specified by the Board:
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1 | (1) Except as to the municipalities and | ||||||
2 | instrumentalities thereof
specifically excluded under this | ||||||
3 | Article, every county shall be subject to
this Article, and | ||||||
4 | all cities, villages and incorporated towns having a
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5 | population in excess of 5,000 inhabitants as determined by | ||||||
6 | the last
preceding decennial or subsequent federal census, | ||||||
7 | shall be subject to this
Article following publication of | ||||||
8 | the census by the Bureau of the Census.
Within 90 days | ||||||
9 | after publication of the census, the Board shall notify
any | ||||||
10 | municipality that has become subject to this Article as a | ||||||
11 | result of
that census, and shall provide information to the | ||||||
12 | corporate authorities of
the municipality explaining the | ||||||
13 | duties and consequences of participation.
The notification | ||||||
14 | shall also include a proposed date upon which
participation | ||||||
15 | by the municipality will commence.
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16 | However, for any city, village or incorporated town | ||||||
17 | that attains a
population over 5,000 inhabitants after | ||||||
18 | having provided social security
coverage for its employees | ||||||
19 | under the Social Security Enabling Act,
participation | ||||||
20 | under this Article shall not be mandatory but may be | ||||||
21 | elected
in accordance with subparagraph (3) or (4) of this | ||||||
22 | paragraph (a), whichever
is applicable.
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23 | (2) School districts, other than those specifically
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24 | excluded under this Article, shall be subject to this | ||||||
25 | Article, without
election, with respect to all employees | ||||||
26 | thereof.
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1 | (3) Towns and all other bodies politic and corporate | ||||||
2 | which
are formed by vote of, or are subject to control by, | ||||||
3 | the electors in towns
and are located in towns which are | ||||||
4 | not participating municipalities on the
effective date of | ||||||
5 | this Act, may become subject to this Article by
election | ||||||
6 | pursuant to Section 7-132.1.
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7 | (4) Any other municipality (together with its | ||||||
8 | instrumentalities),
other than those specifically excluded | ||||||
9 | from participation and those
described in paragraph (3) | ||||||
10 | above, may elect to be included either by
referendum under | ||||||
11 | Section 7-134 or by the adoption of a resolution or
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12 | ordinance by its governing body. A copy of such resolution | ||||||
13 | or ordinance
duly authenticated and certified by the clerk | ||||||
14 | of the municipality or other
appropriate official of its | ||||||
15 | governing body shall constitute the required
notice to the | ||||||
16 | board of such action.
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17 | (b) A municipality that is about to begin participation | ||||||
18 | shall submit to
the Board an application to participate, in a | ||||||
19 | form acceptable to the Board,
not later than 90 days prior to | ||||||
20 | the proposed effective date of
participation. The Board shall | ||||||
21 | act upon the application within 90 days,
and if it finds that | ||||||
22 | the application is in conformity with its requirements
and the | ||||||
23 | requirements of this Article, participation by the applicant | ||||||
24 | shall
commence on a date acceptable to the municipality and | ||||||
25 | specified by the
Board, but in no event more than one year from | ||||||
26 | the date of application.
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1 | (c) A participating municipality which succeeds to the | ||||||
2 | functions
of a participating municipality which is dissolved or | ||||||
3 | terminates its
existence shall assume and be transferred the | ||||||
4 | net accumulation balance
in the municipality reserve and the | ||||||
5 | municipality account receivable
balance of the terminated | ||||||
6 | municipality.
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7 | (d) In the case of a Veterans Assistance Commission whose | ||||||
8 | employees
were being treated by the Fund on January 1, 1990 as | ||||||
9 | employees of the
county served by the Commission, the Fund may | ||||||
10 | continue to treat the
employees of the Veterans Assistance | ||||||
11 | Commission as county employees for
the purposes of this | ||||||
12 | Article, unless the Commission becomes a participating
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13 | instrumentality in accordance with subsection (B) of this | ||||||
14 | Section.
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15 | (B) Participating instrumentalities.
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16 | (a) The participating instrumentalities designated in
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17 | paragraph (b) of this subsection shall be included within
and | ||||||
18 | be subject to this Article if:
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19 | (1) an application to participate, in a form acceptable | ||||||
20 | to
the Board and adopted by a two-thirds vote of the | ||||||
21 | governing body, is
presented to the Board not later than 90 | ||||||
22 | days prior to the proposed
effective date; and
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23 | (2) the Board finds that the application is in
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24 | conformity with its requirements, that the applicant has | ||||||
25 | reasonable
expectation to continue as a political entity |
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1 | for a period of at least
10 years and has the prospective | ||||||
2 | financial capacity to meet its
current and future | ||||||
3 | obligations to the Fund, and that the actuarial
soundness | ||||||
4 | of the Fund may be reasonably expected to be unimpaired by
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5 | approval of participation by the applicant.
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6 | The Board shall notify the applicant of its findings within | ||||||
7 | 90 days
after receiving the application, and if the
Board | ||||||
8 | approves the application, participation by the applicant shall
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9 | commence on the effective date specified by the Board.
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10 | (b) The following participating instrumentalities, so long | ||||||
11 | as
they meet the requirements of Section 7-108 and the area | ||||||
12 | served by them
or within their jurisdiction is not located | ||||||
13 | entirely within a municipality
having more than one million | ||||||
14 | inhabitants, may be included hereunder:
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15 | i. Township School District Trustees.
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16 | ii. Multiple County and Consolidated Health | ||||||
17 | Departments created
under Division 5-25 of the Counties | ||||||
18 | Code or its predecessor law.
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19 | iii. Public Building Commissions created under the | ||||||
20 | Public Building
Commission Act, and located in counties of | ||||||
21 | less
than 1,000,000 inhabitants.
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22 | iv. A multitype, consolidated or cooperative
library | ||||||
23 | system created under the Illinois Library System Act. Any
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24 | library system created under the Illinois Library System | ||||||
25 | Act that has one
or more predecessors that participated in | ||||||
26 | the Fund may participate in the
Fund upon application. The |
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1 | Board shall establish procedures for
implementing the | ||||||
2 | transfer of rights and obligations from the predecessor
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3 | system to the successor system.
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4 | v. Regional Planning Commissions created under | ||||||
5 | Division 5-14 of the
Counties Code or its predecessor law.
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6 | vi. Local Public Housing Authorities created under the | ||||||
7 | Housing
Authorities Act, located in counties of less than | ||||||
8 | 1,000,000 inhabitants.
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9 | vii. Illinois Municipal League.
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10 | viii. Northeastern Illinois Metropolitan Area Planning | ||||||
11 | Commission.
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12 | ix. Southwestern Illinois Metropolitan Area Planning | ||||||
13 | Commission.
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14 | x. Illinois Association of Park Districts.
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15 | xi. Illinois Supervisors, County Commissioners and | ||||||
16 | Superintendents
of Highways Association.
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17 | xii. Tri-City Regional Port District.
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18 | xiii. An association, or not-for-profit corporation, | ||||||
19 | membership in
which is authorized under Section 85-15 of | ||||||
20 | the Township Code.
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21 | xiv. Drainage Districts operating under the Illinois | ||||||
22 | Drainage
Code.
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23 | xv. Local mass transit districts created under the | ||||||
24 | Local Mass
Transit District Act.
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25 | xvi. Soil and water conservation districts created | ||||||
26 | under the Soil
and Water Conservation Districts Law.
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1 | xvii. Commissions created to provide water supply or | ||||||
2 | sewer services
or both under Division 135 or Division 136 | ||||||
3 | of Article 11 of the Illinois
Municipal Code.
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4 | xviii. Public water districts created under the Public | ||||||
5 | Water
District Act.
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6 | xix. Veterans Assistance Commissions established under | ||||||
7 | Section
9 of the Military Veterans Assistance Act that
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8 | serve counties with a population of less than 1,000,000.
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9 | xx. The governing body of an entity, other than a | ||||||
10 | vocational education
cooperative, created under an | ||||||
11 | intergovernmental cooperative agreement
established | ||||||
12 | between participating municipalities under the
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13 | Intergovernmental Cooperation Act, which by the terms of | ||||||
14 | the agreement is
the employer of the persons performing | ||||||
15 | services under the agreement under
the usual common law | ||||||
16 | rules determining the employer-employee relationship.
The | ||||||
17 | governing body of such an intergovernmental cooperative | ||||||
18 | entity
established prior to July 1, 1988 may make | ||||||
19 | participation retroactive to the
effective date of the | ||||||
20 | agreement and, if so, the effective date of
participation | ||||||
21 | shall be the date the required application is filed with | ||||||
22 | the
fund. If any such entity is unable to pay the required | ||||||
23 | employer
contributions to the fund, then the participating | ||||||
24 | municipalities shall make
payment of the required | ||||||
25 | contributions and the payments shall be allocated
as | ||||||
26 | provided in the agreement or, if not so provided, equally |
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1 | among them.
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2 | xxi. The Illinois Municipal Electric Agency.
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3 | xxii. The Waukegan Port District.
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4 | xxiii. The Fox Waterway Agency created under the Fox | ||||||
5 | Waterway Agency
Act.
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6 | xxiv. The Illinois Municipal Gas Agency.
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7 | xxv. The Kaskaskia Regional Port District.
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8 | xxvi. The Southwestern Illinois Development Authority.
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9 | xxvii. The Cairo Public Utility Company.
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10 | xxviii. Except with respect to employees who elect to | ||||||
11 | participate in the State Employees' Retirement System of | ||||||
12 | Illinois under Section 14-104.13 of this Code, the Chicago | ||||||
13 | Metropolitan Agency for Planning created under the | ||||||
14 | Regional Planning Act, provided that, with respect to the | ||||||
15 | benefits payable pursuant to Sections 7-146, 7-150, and | ||||||
16 | 7-164 and the requirement that eligibility for such | ||||||
17 | benefits is conditional upon satisfying a minimum period of | ||||||
18 | service or a minimum contribution, any employee of the | ||||||
19 | Chicago Metropolitan Agency for Planning that was | ||||||
20 | immediately prior to such employment an employee of the | ||||||
21 | Chicago Area Transportation Study or the Northeastern | ||||||
22 | Illinois Planning Commission, such employee's service at | ||||||
23 | the Chicago Area Transportation Study or the Northeastern | ||||||
24 | Illinois Planning Commission and contributions to the | ||||||
25 | State Employees' Retirement System of Illinois established | ||||||
26 | under Article 14 and the Illinois Municipal Retirement Fund |
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1 | shall count towards the satisfaction of such requirements.
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2 | (c) The governing boards of special education joint | ||||||
3 | agreements
created under Section 10-22.31 of the School Code | ||||||
4 | without designation of an
administrative district shall be | ||||||
5 | included within and be subject to this
Article as participating | ||||||
6 | instrumentalities when the joint agreement becomes
effective. | ||||||
7 | However, the governing board of any such special education
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8 | joint agreement in effect before September 5, 1975 shall not be | ||||||
9 | subject to this
Article unless the joint agreement is modified | ||||||
10 | by the school districts to
provide that the governing board is | ||||||
11 | subject to this Article, except as
otherwise provided by this | ||||||
12 | Section.
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13 | The governing board of the Special Education District of | ||||||
14 | Lake County shall
become subject to this Article as a | ||||||
15 | participating instrumentality on July 1,
1997. Notwithstanding | ||||||
16 | subdivision (a)1 of Section 7-139, on the effective date
of | ||||||
17 | participation, employees of the governing board of the Special | ||||||
18 | Education
District of Lake County shall receive creditable | ||||||
19 | service for their prior
service with that employer, up to a | ||||||
20 | maximum of 5 years, without any employee
contribution. | ||||||
21 | Employees may establish creditable service for the remainder
of | ||||||
22 | their prior service with that employer, if any, by applying in | ||||||
23 | writing and
paying an employee contribution in an amount | ||||||
24 | determined by the Fund, based on
the employee contribution | ||||||
25 | rates in effect at the time of application for the
creditable | ||||||
26 | service and the employee's salary rate on the effective date of
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1 | participation for that employer, plus interest at the effective | ||||||
2 | rate from the
date of the prior service to the date of payment. | ||||||
3 | Application for this
creditable service must be made before | ||||||
4 | July 1, 1998; the payment may be made
at any time while the | ||||||
5 | employee is still in service. The employer may elect to
make | ||||||
6 | the required contribution on behalf of the employee.
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7 | The governing board of a special education joint agreement | ||||||
8 | created
under Section 10-22.31 of the School Code for which an | ||||||
9 | administrative
district has been designated, if there are | ||||||
10 | employees of the cooperative
educational entity who are not | ||||||
11 | employees of the administrative district,
may elect to | ||||||
12 | participate in the Fund and be included within this Article as
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13 | a participating instrumentality, subject to such application | ||||||
14 | procedures and
rules as the Board may prescribe.
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15 | The Boards of Control of cooperative or joint educational | ||||||
16 | programs or
projects created and administered under Section | ||||||
17 | 3-15.14 of the School
Code, whether or not the Boards act as | ||||||
18 | their own administrative district,
shall be included within and | ||||||
19 | be subject to this Article as participating
instrumentalities | ||||||
20 | when the agreement establishing the cooperative or joint
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21 | educational program or project becomes effective.
| ||||||
22 | The governing board of a special education joint agreement | ||||||
23 | entered into
after June 30, 1984 and prior to September 17, | ||||||
24 | 1985 which provides for
representation on the governing board | ||||||
25 | by less than all the participating
districts shall be included | ||||||
26 | within and subject to this Article as a
participating |
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1 | instrumentality. Such participation shall be effective as of
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2 | the date the joint agreement becomes effective.
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3 | The governing boards of educational service centers | ||||||
4 | established under
Section 2-3.62 of the School Code shall be | ||||||
5 | included within and subject to
this Article as participating | ||||||
6 | instrumentalities. The governing boards of
vocational | ||||||
7 | education cooperative agreements created under the
| ||||||
8 | Intergovernmental Cooperation Act and approved by the State | ||||||
9 | Board of
Education shall be included within and be subject to | ||||||
10 | this
Article as participating instrumentalities. If any such | ||||||
11 | governing boards
or boards of control are unable to pay the | ||||||
12 | required employer contributions
to the fund, then the school | ||||||
13 | districts served by such boards shall make
payment of required | ||||||
14 | contributions as provided in Section 7-172. The
payments shall | ||||||
15 | be allocated among the several school districts in
proportion | ||||||
16 | to the number of students in average daily attendance for the
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17 | last full school year for each district in relation to the | ||||||
18 | total number of
students in average attendance for such period | ||||||
19 | for all districts served.
If such educational service centers, | ||||||
20 | vocational education cooperatives or
cooperative or joint | ||||||
21 | educational programs or projects created and
administered | ||||||
22 | under Section 3-15.14 of the School Code are dissolved, the
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23 | assets and obligations shall be distributed among the districts | ||||||
24 | in the
same proportions unless otherwise provided.
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25 | (d) The governing boards of special recreation joint | ||||||
26 | agreements
created under Section 8-10b of the Park District |
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1 | Code, operating
without
designation of an administrative | ||||||
2 | district or an administrative
municipality appointed to | ||||||
3 | administer the program operating under the
authority of such | ||||||
4 | joint agreement shall be included within and be
subject to this | ||||||
5 | Article as participating instrumentalities when the
joint | ||||||
6 | agreement becomes effective. However, the governing board of | ||||||
7 | any
such special recreation joint agreement in effect before | ||||||
8 | January 1,
1980 shall not be subject to this Article unless the | ||||||
9 | joint agreement is
modified, by the districts and | ||||||
10 | municipalities which are parties to the
agreement, to provide | ||||||
11 | that the governing board is subject to this Article.
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12 | If the Board returns any employer and employee | ||||||
13 | contributions to any
employer which erroneously submitted such | ||||||
14 | contributions on behalf of a
special recreation joint | ||||||
15 | agreement, the Board shall include interest
computed from the | ||||||
16 | end of each year to the date of payment, not compounded,
at the | ||||||
17 | rate of 7% per annum.
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18 | (e) Each multi-township assessment district, the board of
| ||||||
19 | trustees of which has adopted this Article by ordinance prior | ||||||
20 | to April 1,
1982, shall be a participating instrumentality | ||||||
21 | included within and subject
to this Article effective December | ||||||
22 | 1, 1981. The contributions required
under Section 7-172 shall | ||||||
23 | be included in the budget prepared under and
allocated in | ||||||
24 | accordance with Section 2-30 of the Property Tax Code.
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25 | (f) The Illinois Medical District Commission created under | ||||||
26 | the Illinois Medical District Act may be included within and |
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1 | subject to
this Article as a participating instrumentality, | ||||||
2 | notwithstanding that the location of the District is entirely | ||||||
3 | within the City of Chicago. To become a participating | ||||||
4 | instrumentality, the Commission must apply to the Board in the | ||||||
5 | manner set forth in paragraph (a) of this subsection (B). If | ||||||
6 | the
Board approves the application, under the criteria and | ||||||
7 | procedures set forth in paragraph (a) and any other applicable | ||||||
8 | rules, criteria, and procedures of the Board, participation by | ||||||
9 | the Commission shall
commence on the effective date specified | ||||||
10 | by the Board.
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11 | (C) Prospective participants. | ||||||
12 | Beginning January 1, 1992, each prospective participating
| ||||||
13 | municipality or participating instrumentality shall pay to the | ||||||
14 | Fund the
cost, as determined by the Board, of a study prepared | ||||||
15 | by the Fund or its
actuary, detailing the prospective costs of | ||||||
16 | participation in the Fund to be
expected by the municipality or | ||||||
17 | instrumentality.
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18 | (Source: P.A. 93-777, eff. 7-21-04; 94-1046, eff. 7-24-06.)
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19 | (40 ILCS 5/7-139.12 new)
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20 | Sec. 7-139.12. Transfer of creditable service to Article | ||||||
21 | 14. A person employed by the Chicago Metropolitan Agency for | ||||||
22 | Planning (formerly the Regional Planning Board) on the | ||||||
23 | effective date of this Section who was a member of the State | ||||||
24 | Employees' Retirement System of Illinois as an employee of the |
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| |||||||
1 | Chicago Area Transportation Study may apply for transfer of his | ||||||
2 | or her creditable service as an employee of the Chicago | ||||||
3 | Metropolitan Agency for Planning upon payment of (1) the | ||||||
4 | amounts accumulated to the credit of the applicant for such | ||||||
5 | service on the books of the Fund on the date of transfer and | ||||||
6 | (2) the corresponding municipality credits, including | ||||||
7 | interest, on the books of the Fund on the date of transfer. | ||||||
8 | Participation in this Fund with respect to the transferred | ||||||
9 | credits shall terminate on the date of transfer.
| ||||||
10 | (40 ILCS 5/14-103.05) (from Ch. 108 1/2, par. 14-103.05)
| ||||||
11 | Sec. 14-103.05. Employee.
| ||||||
12 | (a) Any person employed by a Department who receives salary
| ||||||
13 | for personal services rendered to the Department on a warrant
| ||||||
14 | issued pursuant to a payroll voucher certified by a Department | ||||||
15 | and drawn
by the State Comptroller upon the State Treasurer, | ||||||
16 | including an elected
official described in subparagraph (d) of | ||||||
17 | Section 14-104, shall become
an employee for purpose of | ||||||
18 | membership in the Retirement System on the
first day of such | ||||||
19 | employment.
| ||||||
20 | A person entering service on or after January 1, 1972 and | ||||||
21 | prior to January
1, 1984 shall become a member as a condition | ||||||
22 | of employment and shall begin
making contributions as of the | ||||||
23 | first day of employment.
| ||||||
24 | A person entering service on or after January 1, 1984 | ||||||
25 | shall, upon completion
of 6 months of continuous service which |
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1 | is not interrupted by a break of more
than 2 months, become a | ||||||
2 | member as a condition of employment. Contributions
shall begin | ||||||
3 | the first of the month after completion of the qualifying | ||||||
4 | period.
| ||||||
5 | A person employed by the Chicago Metropolitan Agency for | ||||||
6 | Planning on the effective date of this amendatory Act of the | ||||||
7 | 95th General Assembly who was a member of this System as an | ||||||
8 | employee of the Chicago Area Transportation Study and makes an | ||||||
9 | election under Section 14-104.13 to participate in this System | ||||||
10 | for his or her employment with the Chicago Metropolitan Agency | ||||||
11 | for Planning.
| ||||||
12 | The qualifying period of 6 months of service is not | ||||||
13 | applicable to: (1)
a person who has been granted credit for | ||||||
14 | service in a position covered by
the State Universities | ||||||
15 | Retirement System, the Teachers' Retirement System
of the State | ||||||
16 | of Illinois, the General Assembly Retirement System, or the
| ||||||
17 | Judges Retirement System of Illinois unless that service has | ||||||
18 | been forfeited
under the laws of those systems; (2) a person | ||||||
19 | entering service on or
after July 1, 1991 in a noncovered | ||||||
20 | position; or (3) a person to whom Section
14-108.2a or | ||||||
21 | 14-108.2b applies.
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22 | (b) The term "employee" does not include the following:
| ||||||
23 | (1) members of the State Legislature, and persons | ||||||
24 | electing to become
members of the General Assembly | ||||||
25 | Retirement System pursuant to Section 2-105;
| ||||||
26 | (2) incumbents of offices normally filled by vote of |
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| |||||||
1 | the people;
| ||||||
2 | (3) except as otherwise provided in this Section, any | ||||||
3 | person
appointed by the Governor with the advice and | ||||||
4 | consent
of the Senate unless that person elects to | ||||||
5 | participate in this system;
| ||||||
6 | (3.1) any person serving as a commissioner of an ethics | ||||||
7 | commission created under the State Officials and Employees | ||||||
8 | Ethics Act unless that person elects to participate in this | ||||||
9 | system with respect to that service as a commissioner;
| ||||||
10 | (3.2) any person serving as a part-time employee in any | ||||||
11 | of the following positions: Legislative Inspector General, | ||||||
12 | Special Legislative Inspector General, employee of the | ||||||
13 | Office of the Legislative Inspector General, Executive | ||||||
14 | Director of the Legislative Ethics Commission, or staff of | ||||||
15 | the Legislative Ethics Commission, regardless of whether | ||||||
16 | he or she is in active service on or after July 8, 2004 | ||||||
17 | (the effective date of Public Act 93-685), unless that | ||||||
18 | person elects to participate in this System with respect to | ||||||
19 | that service; in this item (3.2), a "part-time employee" is | ||||||
20 | a person who is not required to work at least 35 hours per | ||||||
21 | week; | ||||||
22 | (3.3) any person who has made an election under Section | ||||||
23 | 1-123 and who is serving either as legal counsel in the | ||||||
24 | Office of the Governor or as Chief Deputy Attorney General;
| ||||||
25 | (4) except as provided in Section 14-108.2 or | ||||||
26 | 14-108.2c, any person
who is covered or eligible to be |
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| |||||||
1 | covered by the Teachers' Retirement System of
the State of | ||||||
2 | Illinois, the State Universities Retirement System, or the | ||||||
3 | Judges
Retirement System of Illinois;
| ||||||
4 | (5) an employee of a municipality or any other | ||||||
5 | political subdivision
of the State;
| ||||||
6 | (6) any person who becomes an employee after June 30, | ||||||
7 | 1979 as a
public service employment program participant | ||||||
8 | under the Federal
Comprehensive Employment and Training | ||||||
9 | Act and whose wages or fringe
benefits are paid in whole or | ||||||
10 | in part by funds provided under such Act;
| ||||||
11 | (7) enrollees of the Illinois Young Adult Conservation | ||||||
12 | Corps program,
administered by the Department of Natural | ||||||
13 | Resources, authorized grantee
pursuant to Title VIII of the | ||||||
14 | "Comprehensive Employment and Training Act of
1973", 29 USC | ||||||
15 | 993, as now or hereafter amended;
| ||||||
16 | (8) enrollees and temporary staff of programs | ||||||
17 | administered by the
Department of Natural Resources under | ||||||
18 | the Youth
Conservation Corps Act of 1970;
| ||||||
19 | (9) any person who is a member of any professional | ||||||
20 | licensing or
disciplinary board created under an Act | ||||||
21 | administered by the Department of
Professional Regulation | ||||||
22 | or a successor agency or created or re-created
after the | ||||||
23 | effective date of this amendatory Act of 1997, and who | ||||||
24 | receives
per diem compensation rather than a salary, | ||||||
25 | notwithstanding that such per diem
compensation is paid by | ||||||
26 | warrant issued pursuant to a payroll voucher; such
persons |
| |||||||
| |||||||
1 | have never been included in the membership of this System, | ||||||
2 | and this
amendatory Act of 1987 (P.A. 84-1472) is not | ||||||
3 | intended to effect any change in
the status of such | ||||||
4 | persons;
| ||||||
5 | (10) any person who is a member of the Illinois Health | ||||||
6 | Care Cost
Containment Council, and receives per diem | ||||||
7 | compensation rather than a
salary, notwithstanding that | ||||||
8 | such per diem compensation is paid by warrant
issued | ||||||
9 | pursuant to a payroll voucher; such persons have never been | ||||||
10 | included
in the membership of this System, and this | ||||||
11 | amendatory Act of 1987 is not
intended to effect any change | ||||||
12 | in the status of such persons;
| ||||||
13 | (11) any person who is a member of the Oil and Gas | ||||||
14 | Board created by
Section 1.2 of the Illinois Oil and Gas | ||||||
15 | Act, and receives per diem
compensation rather than a | ||||||
16 | salary, notwithstanding that such per diem
compensation is | ||||||
17 | paid by warrant issued pursuant to a payroll voucher; or
| ||||||
18 | (12) a person employed by the State Board of Higher | ||||||
19 | Education in a position with the Illinois Century Network | ||||||
20 | as of June 30, 2004, who remains continuously employed | ||||||
21 | after that date by the Department of Central Management | ||||||
22 | Services in a position with the Illinois Century Network | ||||||
23 | and participates in the Article 15 system with respect to | ||||||
24 | that employment.
| ||||||
25 | (c) An individual who represents or is employed as an | ||||||
26 | officer or employee of a statewide labor organization that |
| |||||||
| |||||||
1 | represents members of this System may participate in the System | ||||||
2 | and shall be deemed an employee, provided that (1) the | ||||||
3 | individual has previously earned creditable service under this | ||||||
4 | Article, (2) the individual files with the System an | ||||||
5 | irrevocable election to become a participant within 6 months | ||||||
6 | after the effective date of this amendatory Act of the 94th | ||||||
7 | General Assembly, and (3) the individual does not receive | ||||||
8 | credit for that employment under any other provisions of this | ||||||
9 | Code. An employee under this subsection (c) is responsible for | ||||||
10 | paying to the System both (i) employee contributions based on | ||||||
11 | the actual compensation received for service with the labor | ||||||
12 | organization and (ii) employer contributions based on the | ||||||
13 | percentage of payroll certified by the board; all or any part | ||||||
14 | of these contributions may be paid on the employee's behalf or | ||||||
15 | picked up for tax purposes (if authorized under federal law) by | ||||||
16 | the labor organization. | ||||||
17 | A person who is an employee as defined in this subsection | ||||||
18 | (c) may establish service credit for similar employment prior | ||||||
19 | to becoming an employee under this subsection by paying to the | ||||||
20 | System for that employment the contributions specified in this | ||||||
21 | subsection, plus interest at the effective rate from the date | ||||||
22 | of service to the date of payment. However, credit shall not be | ||||||
23 | granted under this subsection (c) for any such prior employment | ||||||
24 | for which the applicant received credit under any other | ||||||
25 | provision of this Code or during which the applicant was on a | ||||||
26 | leave of absence.
|
| |||||||
| |||||||
1 | (Source: P.A. 93-685, eff. 7-8-04; 93-839, eff. 7-30-04; | ||||||
2 | 93-1069, eff. 1-15-05; 94-1111, eff. 2-27-07.)
| ||||||
3 | (40 ILCS 5/14-104.13 new) | ||||||
4 | Sec. 14-104.13. Chicago Metropolitan Agency for Planning; | ||||||
5 | employee election.
| ||||||
6 | (a) Within one year after the effective date of this | ||||||
7 | Section, a person employed by the Chicago Metropolitan Agency | ||||||
8 | for Planning (formerly the Regional Planning Board) on the | ||||||
9 | effective date of this Section who was a member of this System | ||||||
10 | as an employee of the Chicago Area Transportation Study may | ||||||
11 | elect to participate in this System for his or her employment | ||||||
12 | with the Chicago Metropolitan Agency for Planning.
| ||||||
13 | (b) An employee who elects to participate in the System | ||||||
14 | pursuant to subsection (a) may elect to transfer any creditable | ||||||
15 | service earned by the employee under the Illinois Municipal | ||||||
16 | Retirement Fund for his or her employment with the Chicago | ||||||
17 | Metropolitan Agency for Planning (formerly the Regional | ||||||
18 | Planning Board) upon payment to this System of the amount by | ||||||
19 | which (1) the employer and employee contributions that would | ||||||
20 | have been required if the employee had participated in this | ||||||
21 | System during the period for which the credit under Section | ||||||
22 | 7-139.12 is being transferred, plus interest thereon from the | ||||||
23 | date of such participation to the date of payment, exceeds (2) | ||||||
24 | the amounts actually transferred under Section 7-139.12 to this | ||||||
25 | System. |
| |||||||
| |||||||
1 | Section 10. The Regional Planning Act is amended by | ||||||
2 | changing Sections 5, 10, 15, 20, 25, 45, 55, 60, and 65 and by | ||||||
3 | adding Sections 44, 47, 48, 51, 55, 61, 62, 63, and 65 as | ||||||
4 | follows: | ||||||
5 | (70 ILCS 1707/5)
| ||||||
6 | Sec. 5. Purpose. The General Assembly declares and | ||||||
7 | determines that a streamlined, consolidated regional planning | ||||||
8 | agency is necessary in order to plan for the most effective | ||||||
9 | public and private investments in the northeastern Illinois | ||||||
10 | region and to better integrate plans for land use and | ||||||
11 | transportation. The purpose of this Act is to define and | ||||||
12 | describe the powers and responsibilities of the Chicago | ||||||
13 | Metropolitan Agency for Planning, a unit of government whose | ||||||
14 | purpose it is to effectively address the development and | ||||||
15 | transportation challenges in the northeastern Illinois region.
| ||||||
16 | It is the intent of the General Assembly to consolidate, | ||||||
17 | through an orderly transition, the functions of the | ||||||
18 | Northeastern Illinois Planning Commission (NIPC) and the | ||||||
19 | Chicago Area Transportation Study (CATS) in order to address | ||||||
20 | the development and transportation challenges in the | ||||||
21 | northeastern Illinois region.
| ||||||
22 | (Source: P.A. 94-510, eff. 8-9-05.) | ||||||
23 | (70 ILCS 1707/10)
|
| |||||||
| |||||||
1 | Sec. 10. Definitions. | ||||||
2 | "Board" means the Regional Planning Board of the Chicago | ||||||
3 | Metropolitan Agency for Planning .
| ||||||
4 | "CMAP" means the Chicago Metropolitan Agency for Planning.
| ||||||
5 | "CATS" means the Chicago Area Transportation Study.
| ||||||
6 | "CATS Policy Committee" means the policy board of the | ||||||
7 | Chicago Area Transportation Study.
| ||||||
8 | "Chief elected county official" means the Board Chairman in | ||||||
9 | DuPage, Kane, Kendall, Lake, and McHenry Counties and the | ||||||
10 | County Executive in Will County. | ||||||
11 | "Fiscal year" means the fiscal year of the State.
| ||||||
12 | "IDOT" means the Illinois Department of Transportation.
| ||||||
13 | "MPO" means the metropolitan planning organization | ||||||
14 | designated under 23 U.S.C. 134.
| ||||||
15 | "Members" means the members of the Regional Planning Board.
| ||||||
16 | "NIPC" means the Northeastern Illinois Planning | ||||||
17 | Commission.
| ||||||
18 | "Person" means an individual, partnership, firm, public or | ||||||
19 | private corporation, State agency, transportation agency, or | ||||||
20 | unit of local government.
| ||||||
21 | "Policy Committee" means the decision-making body of the | ||||||
22 | MPO.
| ||||||
23 | "Region" or "northeastern Illinois region" means Cook, | ||||||
24 | DuPage, Kane, Kendall, Lake, McHenry, and Will Counties.
| ||||||
25 | "State agency" means "agency" as defined in Section 1-20 of | ||||||
26 | the Illinois Administrative Procedure Act.
|
| |||||||
| |||||||
1 | "Transition period" means the period of time the Regional | ||||||
2 | Planning Board takes to fully implement the funding and | ||||||
3 | implementation strategy described under subsection (a) of | ||||||
4 | Section 15. | ||||||
5 | "Transportation agency" means the Regional Transportation | ||||||
6 | Authority and its Service Boards; the Illinois Toll Highway | ||||||
7 | Authority; the Illinois Department of Transportation; and the | ||||||
8 | transportation functions of units of local government.
| ||||||
9 | "Unit of local government" means a unit of local | ||||||
10 | government, as defined in Section 1 of Article VII of the | ||||||
11 | Illinois Constitution, that is located within the jurisdiction | ||||||
12 | and area of operation of the Board.
| ||||||
13 | "USDOT" means the United States Department of | ||||||
14 | Transportation.
| ||||||
15 | (Source: P.A. 94-510, eff. 8-9-05.) | ||||||
16 | (70 ILCS 1707/15)
| ||||||
17 | Sec. 15. Chicago Metropolitan Agency for Planning; | ||||||
18 | structure
Regional Planning Board; powers . | ||||||
19 | (a) The Chicago Metropolitan Agency for Planning
Regional | ||||||
20 | Planning Board is established as a political subdivision, body | ||||||
21 | politic, and municipal corporation. The Board shall be | ||||||
22 | responsible for developing and adopting a funding and | ||||||
23 | implementation strategy for an integrated land use and | ||||||
24 | transportation planning process for the northeastern Illinois | ||||||
25 | region. The strategy shall include a process for the orderly |
| |||||||
| |||||||
1 | transition of the CATS Policy Committee to be a standing | ||||||
2 | transportation planning body of the Board and NIPC to be a | ||||||
3 | standing comprehensive planning body of the Board. The CATS | ||||||
4 | Policy Committee and NIPC shall continue to exist and perform | ||||||
5 | their duties throughout the transition period. The strategy | ||||||
6 | must also include recommendations for legislation for | ||||||
7 | transition, which must contain a complete description of | ||||||
8 | recommended comprehensive planning functions of the Board and | ||||||
9 | an associated funding strategy and recommendations related to | ||||||
10 | consolidating the functions of the Board, the CATS Policy | ||||||
11 | Committee, and NIPC. The Board shall submit its strategy to the | ||||||
12 | General Assembly no later than September 1, 2006.
| ||||||
13 | (b) (Blank.)
The Regional Planning Board shall, in addition | ||||||
14 | to those powers enumerated elsewhere in this Act: | ||||||
15 | (1) Provide a policy framework under which all regional | ||||||
16 | plans are developed. | ||||||
17 | (2) Coordinate regional transportation and land use | ||||||
18 | planning. | ||||||
19 | (3) Identify and promote regional priorities. | ||||||
20 | (4) Serve as a single point of contact and direct all | ||||||
21 | public involvement activities. | ||||||
22 | (5) Create a Citizens' Advisory Committee. | ||||||
23 | (c) The Board shall consist of 15 voting members as | ||||||
24 | follows: | ||||||
25 | (1) One member from DuPage County appointed | ||||||
26 | cooperatively by the mayors of DuPage County and the chief |
| |||||||
| |||||||
1 | elected county official of DuPage County. | ||||||
2 | (2) One member representing both Kane and Kendall | ||||||
3 | Counties appointed cooperatively by the mayors of Kane | ||||||
4 | County and Kendall County and the chief elected county | ||||||
5 | officials of Kane County and Kendall County. | ||||||
6 | (3) One member from Lake County appointed | ||||||
7 | cooperatively by the mayors of Lake County and the chief | ||||||
8 | elected county official of Lake County. | ||||||
9 | (4) One member from McHenry County appointed | ||||||
10 | cooperatively by the mayors of McHenry County and the chief | ||||||
11 | elected county official of McHenry County. | ||||||
12 | (5) One member from Will County appointed | ||||||
13 | cooperatively by the mayors of Will County and the chief | ||||||
14 | elected county official of Will County. | ||||||
15 | (6) Five members from the City of Chicago appointed by | ||||||
16 | the Mayor of the City of Chicago. | ||||||
17 | (7) One member from that portion of Cook County outside | ||||||
18 | of the City of Chicago appointed by the President of the | ||||||
19 | Cook County Board of Commissioners. | ||||||
20 | (8) Four members from that portion of Cook County | ||||||
21 | outside of the City of Chicago appointed, with the consent | ||||||
22 | of the President of the Cook County Board of Commissioners, | ||||||
23 | as follows: | ||||||
24 | (i) One by the mayors representing those | ||||||
25 | communities in Cook County that are outside of the City | ||||||
26 | of Chicago and north of Devon Avenue. |
| |||||||
| |||||||
1 | (ii) One by the mayors representing those | ||||||
2 | communities in Cook County that are outside of the City | ||||||
3 | of Chicago, south of Devon Avenue, and north of | ||||||
4 | Interstate 55, and in addition the Village of Summit. | ||||||
5 | (iii) One by the mayors representing those | ||||||
6 | communities in Cook County that are outside of the City | ||||||
7 | of Chicago, south of Interstate 55, and west of | ||||||
8 | Interstate 57, excluding the communities of Summit, | ||||||
9 | Dixmoor, Posen, Robbins, Midlothian, Oak Forest, and | ||||||
10 | Tinley Park. | ||||||
11 | (iv) One by the mayors representing those | ||||||
12 | communities in Cook County that are outside of the City | ||||||
13 | of Chicago and east of Interstate 57, and, in addition, | ||||||
14 | the communities of Dixmoor, Posen, Robbins, | ||||||
15 | Midlothian, Oak Forest, and Tinley Park. | ||||||
16 | The terms of the members initially appointed to the Board shall | ||||||
17 | begin within 60 days after this Act takes effect. | ||||||
18 | (d) The CMAP Board may
CATS Policy Committee and NIPC shall | ||||||
19 | each appoint one of their members to serve as a non-voting | ||||||
20 | members
member of the Regional Planning Board. | ||||||
21 | (e) Concurrence of four-fifths of the Board members in | ||||||
22 | office is necessary for the Board to approve and amend
take any | ||||||
23 | action, including remanding regional plans and programs, adopt | ||||||
24 | a budget, and hire an executive director.
with comments to the | ||||||
25 | CATS Policy Committee and NIPC.
| ||||||
26 | (Source: P.A. 94-510, eff. 8-9-05.) |
| |||||||
| |||||||
1 | (70 ILCS 1707/20)
| ||||||
2 | Sec. 20. Duties. In addition to those duties enumerated | ||||||
3 | elsewhere in this Act, the Regional Planning Board shall: | ||||||
4 | (a)
(1) Hire an executive director to act as the chief | ||||||
5 | administrative officer and to direct and coordinate all | ||||||
6 | staff work. | ||||||
7 | (b) Provide a policy framework under which all regional | ||||||
8 | plans are developed. | ||||||
9 | (c) Coordinate regional transportation and land use | ||||||
10 | planning. | ||||||
11 | (d) Identify and promote regional priorities.
to | ||||||
12 | coordinate staff work of CATS and NIPC. The executive | ||||||
13 | director shall hire a deputy for comprehensive planning and | ||||||
14 | a deputy for transportation planning with the approval of | ||||||
15 | NIPC and the CATS Policy Committee, respectively.
| ||||||
16 | (2) Merge the staffs of CATS and NIPC into a single | ||||||
17 | staff over a transition period that protects current | ||||||
18 | employees' benefits. | ||||||
19 | (3) Secure agreements with funding agencies to provide | ||||||
20 | support for Board operations. | ||||||
21 | (4) Develop methods to handle operational and | ||||||
22 | administrative matters relating to the transition, | ||||||
23 | including labor and employment matters, pension benefits, | ||||||
24 | equipment and technology, leases and contracts, office | ||||||
25 | space, and excess property. |
| |||||||
| |||||||
1 | (5) Notwithstanding any other provision of law to the | ||||||
2 | contrary, within 180 days after this Act becomes law, | ||||||
3 | locate the staffs of CATS and NIPC within the same office.
| ||||||
4 | (Source: P.A. 94-510, eff. 8-9-05.) | ||||||
5 | (70 ILCS 1707/25)
| ||||||
6 | Sec. 25. Operations. | ||||||
7 | (a) Each appointing authority shall give notice of its | ||||||
8 | Board appointments to each other appointing authority, to the | ||||||
9 | Board, and to the Secretary of State. Within 30 days after his | ||||||
10 | or her appointment and before entering upon the duties of the | ||||||
11 | office, each Board member shall take and subscribe to the | ||||||
12 | constitutional oath of office and file it with the Secretary of | ||||||
13 | State. Board members shall hold office for a term of 4 years or | ||||||
14 | until successors are appointed and qualified. The terms of the | ||||||
15 | initial Board members shall expire as follows: | ||||||
16 | (1) The terms of the member from DuPage County and the | ||||||
17 | member representing both Kane and Kendall Counties shall | ||||||
18 | expire on July 1, 2007. | ||||||
19 | (2) The terms of those members from Lake, McHenry, and | ||||||
20 | Will Counties shall expire on July 1, 2009. | ||||||
21 | (3) As designated at the time of appointment, the terms | ||||||
22 | of 2 members from the City of Chicago shall expire on July | ||||||
23 | 1, 2007 and the terms of 3 members from the City of Chicago | ||||||
24 | shall expire on July 1, 2009. | ||||||
25 | (4) The term of the member appointed by the President |
| |||||||
| |||||||
1 | of the Cook County Board of Commissioners shall expire on | ||||||
2 | July 1, 2007. | ||||||
3 | (5) The terms of those members appointed, with the | ||||||
4 | consent of the President of the Cook County Board of | ||||||
5 | Commissioners, by the mayors representing those | ||||||
6 | communities in Cook County that are outside of the City of | ||||||
7 | Chicago and north of Devon Avenue shall expire on July 1, | ||||||
8 | 2007. | ||||||
9 | (6) The terms of those members appointed, with the | ||||||
10 | consent of the President of the Cook County Board of | ||||||
11 | Commissioners, by the mayors representing those | ||||||
12 | communities in Cook County that are outside of the City of | ||||||
13 | Chicago, south of Interstate 55, and west of Interstate 57, | ||||||
14 | excluding the communities of Summit, Dixmoor, Posen, | ||||||
15 | Robbins, Midlothian, Oak Forest, and Tinley Park, shall | ||||||
16 | expire on July 1, 2007. | ||||||
17 | (7) The terms of those members appointed, with the | ||||||
18 | consent of the President of the Cook County Board of | ||||||
19 | Commissioners, by the mayor representing those communities | ||||||
20 | in Cook County that are outside of the City of Chicago, | ||||||
21 | south of Devon Avenue, and north of Interstate 55, and, in | ||||||
22 | addition, the Village of Summit, shall expire on July 1, | ||||||
23 | 2009. | ||||||
24 | (8) The terms of those members appointed, with the | ||||||
25 | consent of the President of the Cook County Board of | ||||||
26 | Commissioners, by the mayors representing those |
| |||||||
| |||||||
1 | communities in Cook County that are outside of the City of | ||||||
2 | Chicago and east of Interstate 57, and, in addition, the | ||||||
3 | communities of Dixmoor, Posen, Robbins, Midlothian, Oak | ||||||
4 | Forest, and Tinley Park, shall expire on July 1, 2009. | ||||||
5 | (b) If a vacancy occurs, the appropriate appointing | ||||||
6 | authority shall fill the vacancy by an appointment for the | ||||||
7 | unexpired term. Board members shall receive no compensation, | ||||||
8 | but shall be reimbursed for expenses incurred in the | ||||||
9 | performance of their duties. | ||||||
10 | (c) The Board shall be so appointed as to represent the | ||||||
11 | City of Chicago, that part of Cook County outside the City of | ||||||
12 | Chicago, and that part of the metropolitan region outside of | ||||||
13 | Cook County on a one man one vote basis. Within 6 months after | ||||||
14 | the release of each certified federal decennial census, the | ||||||
15 | Board shall review its composition and, if a change is | ||||||
16 | necessary in order to comply with the representation | ||||||
17 | requirements of this subsection (c), shall recommend the | ||||||
18 | necessary revision for approval by the General Assembly. | ||||||
19 | (d) Regular meetings of the Board shall be held at least | ||||||
20 | once in each calendar quarter. The time and place of Board | ||||||
21 | meetings shall be fixed by resolution of the Board. Special | ||||||
22 | meetings of the Board may be called by the chairman or a | ||||||
23 | majority of the Board members. A written notice of the time and | ||||||
24 | place of any special meeting shall be provided to all Board | ||||||
25 | members at least 3 days prior to the date fixed for the | ||||||
26 | meeting, except that if the time and place of a special meeting |
| |||||||
| |||||||
1 | is fixed at a regular meeting at which all Board members are | ||||||
2 | present, no such written notice is required.
A majority of the | ||||||
3 | Board members in office constitutes a quorum for the purpose of | ||||||
4 | convening a meeting of the Board.
| ||||||
5 | (e) The meetings of the Board shall be held in compliance | ||||||
6 | with the Open Meetings Act. The Board shall maintain records in | ||||||
7 | accordance with the provisions of the State Records Act. | ||||||
8 | (f) At its initial meeting and its first regular meeting | ||||||
9 | after July 1 of each year thereafter, the Board shall appoint
| ||||||
10 | from its membership shall appoint a chairman and may appoint
| ||||||
11 | vice chairmen
chairman and shall provide the term and duties of | ||||||
12 | those officers pursuant to its bylaws. The vice chairman shall | ||||||
13 | act as chairman during the absence or disability of the | ||||||
14 | chairman and in case of resignation or death of the chairman.
| ||||||
15 | Before entering upon duties of office, the chairman shall | ||||||
16 | execute a bond with corporate sureties to be approved by the | ||||||
17 | Board and shall file it with the principal office of the Board. | ||||||
18 | The bond shall be payable to the Board in whatever penal sum | ||||||
19 | may be directed and shall be conditioned upon the faithful | ||||||
20 | performance of the duties of office and the payment of all | ||||||
21 | money received by the chairman according to law and the orders | ||||||
22 | of the Board.
The Board may appoint, from time to time, an | ||||||
23 | executive committee and standing and ad hoc committees to | ||||||
24 | assist in carrying out its responsibilities.
| ||||||
25 | (Source: P.A. 94-510, eff. 8-9-05.) |
| |||||||
| |||||||
1 | (70 ILCS 1707/44 new) | ||||||
2 | Sec. 44. Regional Data and Information Program. CMAP shall | ||||||
3 | be the
authoritative source for regional data collection, | ||||||
4 | exchange, dissemination,
analysis, evaluation, forecasting and | ||||||
5 | modeling. With the involvement of state,
regional, and local | ||||||
6 | governments and agencies, CMAP shall create and maintain
a | ||||||
7 | timely, ongoing, and coordinated data and information sharing | ||||||
8 | program that will
provide the best available data on the | ||||||
9 | region. This program shall include a
publicly accessible | ||||||
10 | mechanism for data access and distribution. CMAP's official
| ||||||
11 | forecasts shall be the foundation for all planning in the | ||||||
12 | region. | ||||||
13 | (70 ILCS 1707/45)
| ||||||
14 | Sec. 45. Regional comprehensive plan. At intervals not to | ||||||
15 | exceed every 5 years, or as needed to be consistent with | ||||||
16 | federal law, the Board shall develop a regional comprehensive | ||||||
17 | plan that integrates land use and transportation. The regional | ||||||
18 | comprehensive plan and any modifications to it shall be | ||||||
19 | developed cooperatively by the Board, the CATS Policy | ||||||
20 | Committee, and NIPC with the involvement of citizens, units of | ||||||
21 | local government, business and labor organizations, | ||||||
22 | environmental organizations, transportation and planning | ||||||
23 | agencies, State agencies, private and civic organizations, | ||||||
24 | public and private providers of transportation, and land | ||||||
25 | preservation agencies. Except any elements of the regional |
| |||||||
| |||||||
1 | comprehensive plan or modifications that relate to | ||||||
2 | transportation that shall be developed cooperatively with the | ||||||
3 | Policy Committee, units
Units of local government shall | ||||||
4 | continue to maintain control over land use and zoning | ||||||
5 | decisions.
| ||||||
6 | Scope of Regional Comprehensive Plan. The Regional | ||||||
7 | Comprehensive Plan shall present the goals, policies, | ||||||
8 | guidelines, and recommendations to guide the physical | ||||||
9 | development of the Region. It shall include, but shall not be | ||||||
10 | limited to: | ||||||
11 | (a) Official forecasts for overall growth and change and an | ||||||
12 | evaluation of alternative scenarios for the future of the | ||||||
13 | Region including alternatives for public and private | ||||||
14 | investments in housing, economic development, preservation of | ||||||
15 | natural resources, transportation, water supply, flood | ||||||
16 | control, sewers, and other physical infrastructure. It shall | ||||||
17 | present a preferred plan that makes optimum use of public and | ||||||
18 | private resources to achieve the goals of the Plan. | ||||||
19 | (b) Land use and transportation policies that reflect the | ||||||
20 | relationship of transportation to land use, economic | ||||||
21 | development, the environment, air quality, and energy | ||||||
22 | consumption; foster the efficient movement of people and goods; | ||||||
23 | coordinate modes of transportation; coordinate planning among | ||||||
24 | federal agencies, state agencies, transportation agencies, and | ||||||
25 | local governments; and address the safety and equity of | ||||||
26 | transportation services across the Region. |
| |||||||
| |||||||
1 | (c) A plan for a coordinated and integrated transportation | ||||||
2 | system for the region consisting of a multimodal network of | ||||||
3 | facilities and services to be developed over a 20-year period | ||||||
4 | to support efficient movement of people and goods. The | ||||||
5 | transportation system plan shall include statements of minimum | ||||||
6 | levels of service that describe the performance for each mode | ||||||
7 | in order to meet the goals and policies of the Plan. | ||||||
8 | (d) A listing of proposed public investment priorities in | ||||||
9 | transportation and other public facilities and utilities of | ||||||
10 | regional significance. The list shall include a project | ||||||
11 | description, an identification of the responsible agency, the | ||||||
12 | timeframe that the facility or utility is proposed for | ||||||
13 | construction or installation, an estimate of costs, and sources | ||||||
14 | of public and private revenue for covering such costs. | ||||||
15 | (e) The criteria and procedures proposed for evaluating and | ||||||
16 | ranking projects in the Plan and for the allocation of | ||||||
17 | transportation funds. | ||||||
18 | (f) Measures to best coordinate programs of local | ||||||
19 | governments, transportation agencies, and State agencies to | ||||||
20 | promote the goals and policies of the Regional Comprehensive | ||||||
21 | Plan. | ||||||
22 | (g) Proposals for model ordinances and agreements that may | ||||||
23 | be enacted by local governments. | ||||||
24 | (h) Recommendations for legislation as may be necessary to | ||||||
25 | fully implement the Regional Comprehensive Plan. | ||||||
26 | (i) Developing components for regional functional issues |
| |||||||
| |||||||
1 | including: | ||||||
2 | (1) A regional housing component that documents the | ||||||
3 | needs for housing in the region and the extent to which | ||||||
4 | private-sector and public-sector programs are meeting | ||||||
5 | those needs; provides the framework for and facilitates | ||||||
6 | planning for the housing needs of the region, including the | ||||||
7 | need for affordable housing, especially as it relates to | ||||||
8 | the location of such housing proximate to job sites, and | ||||||
9 | develops sound strategies, programs and other actions to | ||||||
10 | address the need for housing choice throughout the region. | ||||||
11 | (2) A regional freight component, the purpose of which | ||||||
12 | is to create an efficient system of moving goods that | ||||||
13 | supports economic growth of the region and sound regional | ||||||
14 | and community development by identifying investments in | ||||||
15 | freight facilities of regional, State, and national | ||||||
16 | significance that will be needed to eliminate existing and | ||||||
17 | forecasted bottlenecks and inefficiencies in the | ||||||
18 | functioning of the region's freight network; recommending | ||||||
19 | improvements in the operation and management of the freight | ||||||
20 | network; and recommending policies to effect the efficient | ||||||
21 | multi-modal movement of goods to, through, and from the | ||||||
22 | region. | ||||||
23 | (3) A component for protecting and enhancing the | ||||||
24 | environment and the region's natural resources the purpose | ||||||
25 | of which is to improve the region's environmental health, | ||||||
26 | quality of life, and community well-being by defining and |
| |||||||
| |||||||
1 | protecting environmentally critical areas; encouraging | ||||||
2 | development that does not harm environmentally critical | ||||||
3 | areas; promoting sustainable land use and transportation | ||||||
4 | practices and policies by local governments. | ||||||
5 | (4)
Optionally, other regional components for services | ||||||
6 | and facilities, including, but not limited to: water, | ||||||
7 | sewer, transportation, solid waste, historic preservation, | ||||||
8 | and flood control. Such plans shall provide additional | ||||||
9 | goals, policies, guidelines, and supporting analyses that | ||||||
10 | add detail, and are consistent with, the adopted Regional | ||||||
11 | Comprehensive Plan.
| ||||||
12 | (Source: P.A. 94-510, eff. 8-9-05.) | ||||||
13 | (70 ILCS 1707/47 new) | ||||||
14 | Sec. 47. Developments of Regional Importance. The Board | ||||||
15 | shall consider the regional and intergovernmental impacts of
| ||||||
16 | proposed major developments, infrastructure investments and | ||||||
17 | major policies and
actions by public and private entities on | ||||||
18 | natural resources, neighboring
communities, and residents.
The | ||||||
19 | Board shall: | ||||||
20 | (a) Define the Scope of Developments of Regional Importance | ||||||
21 | (DRI) and create an efficient
process for reviewing them. | ||||||
22 | (b) Require any DRI project sponsor, which can be either a | ||||||
23 | public or private entity,
to submit information about the | ||||||
24 | proposed DRI to CMAP and neighboring
communities, counties, and | ||||||
25 | regional planning and transportation agencies for
review. |
| |||||||
| |||||||
1 | (c) Review and comment on a proposed DRI regarding | ||||||
2 | consistency with regional
plans and intergovernmental and | ||||||
3 | regional impacts. | ||||||
4 | The Board shall review applications to change the | ||||||
5 | boundaries of a waste water
facility planning area as an | ||||||
6 | amendment to the State of Illinois Water Quality
Management | ||||||
7 | Plan required under the federal Clean Water Act when that | ||||||
8 | review
is required under that Act and is requested by the | ||||||
9 | appropriate designated
management agency under the | ||||||
10 | Environmental Protection Act or the federal
Clean Water Act. | ||||||
11 | Such review shall be consistent with the review process for
| ||||||
12 | DRIs and evaluate the regional impact of proposed boundary | ||||||
13 | changes. | ||||||
14 | The Board shall complete a review under this Section within | ||||||
15 | a timeframe
established when creating the DRI process. A delay | ||||||
16 | in the review process either
requested or agreed to by the | ||||||
17 | applicant shall toll the running of the review period.
If the | ||||||
18 | Board fails to complete the review within the required period, | ||||||
19 | the review fee
paid by the applicant under this Section shall | ||||||
20 | be refunded in full to the applicant.
If, however, the | ||||||
21 | applicant withdraws the application at any time after the Board
| ||||||
22 | commences its review, no part of the review fee shall be | ||||||
23 | refunded to the
applicant.
| ||||||
24 | (70 ILCS 1707/48 new) | ||||||
25 | Sec. 48. Incentives for Creating More Sustainable |
| |||||||
| |||||||
1 | Communities. CMAP shall establish an incentive program to | ||||||
2 | enable local governments and
developers to: create more | ||||||
3 | affordable workforce housing options near jobs and
transit; | ||||||
4 | create jobs near existing affordable workforce housing; create | ||||||
5 | transit-oriented development; integrate transportation and | ||||||
6 | land use planning; provide a
range of viable transportation | ||||||
7 | choices in addition to the car; encourage compact
and mixed-use | ||||||
8 | development; and support neighborhood revitalization. CMAP
| ||||||
9 | shall work with federal, State, regional, and local agencies to | ||||||
10 | identify funding
opportunities for these incentives from | ||||||
11 | existing and proposed programs. | ||||||
12 | (70 ILCS 1707/51 new) | ||||||
13 | Sec. 51. Certification; cooperation between local and | ||||||
14 | regional plans; plan
review. | ||||||
15 | Certification of regional plan and forecasts. Upon the | ||||||
16 | adoption of a Regional
Plan or segment of a Regional Plan, the | ||||||
17 | Board shall certify a copy thereof to the
State, each | ||||||
18 | transportation agency and each local government affected by | ||||||
19 | such
plan. CMAP's official forecasts and plans shall be the | ||||||
20 | foundation for all planning
in the region. | ||||||
21 | Agencies to provide information and cooperate. Each local | ||||||
22 | government,
transportation agency, and State agency shall | ||||||
23 | cooperate with and assist the
Board in carrying out its | ||||||
24 | functions and shall provide to the Board all information
| ||||||
25 | requested by the Board. Counties and municipalities shall |
| |||||||
| |||||||
1 | submit copies of any
official plans to CMAP, including but not | ||||||
2 | limited to comprehensive, transportation,
housing, and capital | ||||||
3 | improvement plans. | ||||||
4 | Review of county and municipal plans. The Board may review | ||||||
5 | and comment on
proposed county and municipal plans and plan | ||||||
6 | amendments within its jurisdiction
for consistency with the | ||||||
7 | regional comprehensive plan and maintain a copy of
such plans. | ||||||
8 | (70 ILCS 1707/55)
| ||||||
9 | Sec. 55. Transportation financial plan. | ||||||
10 | (a) Concurrent with preparation of the regional | ||||||
11 | transportation and comprehensive plans, the Board shall | ||||||
12 | prepare and adopt, in cooperation with
the CATS Policy | ||||||
13 | Committee, a transportation financial plan for the region in | ||||||
14 | accordance with federal and State laws, rules, and regulations. | ||||||
15 | (b) The transportation financial plan shall address the | ||||||
16 | following matters related to the transportation agencies: (i) | ||||||
17 | adequacy of funding to meet identified needs; and (ii) | ||||||
18 | allocation of funds to regional priorities. | ||||||
19 | (c) The transportation financial plan may propose | ||||||
20 | recommendations for additional funding by the federal | ||||||
21 | government, the State, or units of local government that may be | ||||||
22 | necessary to fully implement regional plans.
| ||||||
23 | (Source: P.A. 94-510, eff. 8-9-05.) | ||||||
24 | (70 ILCS 1707/60)
|
| |||||||
| |||||||
1 | Sec. 60. Transportation decision-making
Metropolitan | ||||||
2 | planning organization . | ||||||
3 | (a) The
It is the intent of this Act that the CATS Policy | ||||||
4 | Committee, as the Transportation Planning Committee for the | ||||||
5 | Board, is
remain the federally designated Metropolitan | ||||||
6 | Planning Organization for the Chicago region under the | ||||||
7 | requirements of federal regulations promulgated by USDOT.
The | ||||||
8 | CATS Policy Committee shall prepare and approve all plans, | ||||||
9 | reports, and programs required of an MPO, including the | ||||||
10 | federally mandated Regional Transportation Plan, | ||||||
11 | Transportation Improvement Program and Unified Work Program.
| ||||||
12 | (b) It is the intent of this Act that the transportation | ||||||
13 | planning and investment decision-making process be fully | ||||||
14 | integrated into the regional planning process. | ||||||
15 | (c) The Board, in cooperation with local governments and | ||||||
16 | transportation providers, shall develop and adopt a process for | ||||||
17 | making the transportation decisions that require final MPO | ||||||
18 | approval pursuant to federal law. That process shall comply | ||||||
19 | with all applicable federal requirements. The adopted process | ||||||
20 | shall ensure that all MPO plans, reports, and programs shall be | ||||||
21 | approved by the CMAP Board prior to final approval by the MPO. | ||||||
22 | (d) The Board shall continue directly involving local | ||||||
23 | elected officials in federal program allocation decisions for | ||||||
24 | the Surface Transportation Program and Congestion Mitigation | ||||||
25 | and Air Quality funds and in addressing other regional | ||||||
26 | transportation issues.
|
| |||||||
| |||||||
1 | (b) The processes previously established by the CATS Policy | ||||||
2 | Committee shall be continued as the means by which local | ||||||
3 | elected officials program federal Surface Transportation | ||||||
4 | Program and Congestion, Mitigation, and Air Quality funds and | ||||||
5 | address other regional transportation issues.
| ||||||
6 | (Source: P.A. 94-510, eff. 8-9-05.) | ||||||
7 | (70 ILCS 1707/61 new) | ||||||
8 | Sec. 61. Agency Designated Planning Grant Recipient and | ||||||
9 | Other Designations. The Board is eligible to apply for and | ||||||
10 | receive federal
grants for regional planning in the | ||||||
11 | northeastern Illinois region. The
Board shall review | ||||||
12 | applications requesting significant federal grants to
| ||||||
13 | transportation agencies and local governments based on | ||||||
14 | criteria including
conformity with the Regional Comprehensive | ||||||
15 | Plan and relevant functional
components. | ||||||
16 | (70 ILCS 1707/62 new) | ||||||
17 | Sec. 62. Board Funding. In order to carry out any of the | ||||||
18 | powers or purposes of CMAP, the Board shall
be involved in the | ||||||
19 | allocation of traditional sources of funds such as those from | ||||||
20 | the federal Metropolitan
Planning Program and CMAQ as well as
| ||||||
21 | non-traditional federal funds consistent with the Board's | ||||||
22 | broader mission. These
funds may be supplemented by fees for | ||||||
23 | services and by grants from nongovernmental
agencies. The Board | ||||||
24 | may also pursue and accept funding from
State, regional, and |
| |||||||
| |||||||
1 | local sources in order to meet its planning objectives. | ||||||
2 | Additional funding shall be provided to CMAP to support | ||||||
3 | those functions and
programs authorized by this Act. | ||||||
4 | (70 ILCS 1707/63 new) | ||||||
5 | Sec. 63. Succession; Transfers Related to NIPC. CMAP shall | ||||||
6 | succeed to all rights and interests of
NIPC. Such transfer and | ||||||
7 | succession shall not limit or restrict any power or
authority | ||||||
8 | of CMAP exercised pursuant to this Act and shall not limit any | ||||||
9 | rights or
obligations of CMAP with respect to any contracts, | ||||||
10 | agreements, bonds or other
indebtedness, right or interest | ||||||
11 | relating to any cause of action then in existence of
NIPC that | ||||||
12 | shall continue and shall be assumed by CMAP. Funds appropriated
| ||||||
13 | or otherwise made available to NIPC shall become available to | ||||||
14 | CMAP for the
balance of the current State fiscal year for | ||||||
15 | interim use as determined by CMAP.
NIPC shall transfer all of | ||||||
16 | the records, documents, property, and assets of NIPC
to CMAP. | ||||||
17 | (70 ILCS 1707/65)
| ||||||
18 | Sec. 65. Annual report. The Board shall prepare, publish, | ||||||
19 | and distribute a concise
an annual report on the region's | ||||||
20 | progress toward achieving its priorities and on the degree to | ||||||
21 | which consistency exists between local and regional plans. Any
| ||||||
22 | and any other reports and plans that relate to the purpose of | ||||||
23 | this Act may also be included .
| ||||||
24 | (Source: P.A. 94-510, eff. 8-9-05.)
|
| |||||||
| |||||||
1 | (70 ILCS 1705/Act rep.)
| ||||||
2 | Section 15. The Northeastern Illinois Planning Act is | ||||||
3 | repealed.
| ||||||
4 | Section 90. The State Mandates Act is amended by adding | ||||||
5 | Section 8.31 as follows: | ||||||
6 | (30 ILCS 805/8.31 new) | ||||||
7 | Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
8 | of this Act, no reimbursement by the State is required for the | ||||||
9 | implementation of any mandate created by this amendatory Act of | ||||||
10 | the 95th General Assembly. | ||||||
11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.".
|