Rep. David E. Miller
Filed: 5/18/2007
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1 | AMENDMENT TO HOUSE BILL 2135
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2 | AMENDMENT NO. ______. Amend House Bill 2135 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Metropolitan Transit Authority Act is | ||||||
5 | amended by changing Sections 19 and 20 and by adding Section | ||||||
6 | 28d as follows:
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7 | (70 ILCS 3605/19) (from Ch. 111 2/3, par. 319)
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8 | Sec. 19. The governing and administrative body of the | ||||||
9 | Authority shall be a
board consisting of 8
seven members, to be | ||||||
10 | known as Chicago Transit Board.
Members of the Board shall be | ||||||
11 | residents of the metropolitan area and persons of
recognized | ||||||
12 | business ability. No member of the Board of the
Authority shall | ||||||
13 | hold any other office or employment under the Federal,
State or | ||||||
14 | any County or any municipal government except an honorary | ||||||
15 | office
without compensation or an office in the National Guard. | ||||||
16 | No employee of
the Authority shall hold any other office or |
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1 | employment under the Federal,
State or any County or any | ||||||
2 | municipal government except an office with
compensation not | ||||||
3 | exceeding $5,000 annually or a position in the National
Guard | ||||||
4 | or the United States military reserves. Provided, however,
that | ||||||
5 | the Chairman may be a member of the Board of the Regional | ||||||
6 | Transportation
Authority. No member of the
Board or employee of | ||||||
7 | the Authority shall have any private financial
interest, profit | ||||||
8 | or benefit in any contract, work or business of the
Authority | ||||||
9 | nor in the sale or lease of any property to or from the
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10 | Authority. The salary of each member of the initial Board shall | ||||||
11 | be
$15,000.00 per annum, and such salary shall not be increased | ||||||
12 | or diminished
during his or her term of office. The salaries of | ||||||
13 | successor members of the
Board shall be fixed by the Board and | ||||||
14 | shall not be increased or diminished
during their respective | ||||||
15 | terms of office. No Board member shall be allowed
any fees, | ||||||
16 | perquisites or emoluments, reward or compensation for his or | ||||||
17 | her
services as a member or officer of the Authority aside from | ||||||
18 | his or her
salary or pension, but he or she shall be reimbursed | ||||||
19 | for actual expenses
incurred by him or her in the performance | ||||||
20 | of his or her duties.
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21 | (Source: P.A. 84-939.)
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22 | (70 ILCS 3605/20) (from Ch. 111 2/3, par. 320)
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23 | Sec. 20. Within sixty (60) days after the adoption of this | ||||||
24 | Act by the
electors of one or more cities, villages and | ||||||
25 | incorporated towns within the
metropolitan area having a |
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1 | population in the aggregate of at least 100,000
according to | ||||||
2 | the Federal census of 1940, the Governor, by and with the
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3 | advice and consent of the Senate, shall appoint three members | ||||||
4 | of the Board
for initial terms expiring September first of the | ||||||
5 | years 1947, 1948 and
1949, respectively, at least one of which | ||||||
6 | members shall be a resident of
that portion of the metropolitan | ||||||
7 | area which is outside the corporate limits
of the City of | ||||||
8 | Chicago, and the Mayor, with advice and consent of the City
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9 | Council of the City of Chicago, shall appoint four members of | ||||||
10 | the Board for
initial terms expiring September first of the | ||||||
11 | years 1946, 1950, 1951 and
1952, respectively. At the | ||||||
12 | expiration of the term of any member appointed
by the Governor | ||||||
13 | his successor shall be appointed by the Governor, and at
the | ||||||
14 | expiration of the term of any member appointed by the Mayor his
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15 | successor shall be appointed by the Mayor in like manner, and | ||||||
16 | with like
regard as to the place of residence of the appointee, | ||||||
17 | as appointments for
the initial terms. All successors shall | ||||||
18 | hold office for the term of seven
years from the first day of | ||||||
19 | September of the year in which they are
appointed, except in | ||||||
20 | case of an appointment to fill a vacancy. In case of
vacancy in | ||||||
21 | the office of any member appointed by the Governor during the
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22 | recess of the Senate, the Governor shall make a temporary | ||||||
23 | appointment until
the next meeting of the Senate when he shall | ||||||
24 | nominate some person to fill
such office; and any person so | ||||||
25 | nominated, who is confirmed by the Senate,
shall hold his | ||||||
26 | office during the remainder of the term and until his
successor |
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1 | shall be appointed and qualified. If the Senate is not in | ||||||
2 | session
at the time this Act takes effect, the Governor shall | ||||||
3 | make temporary
appointments as in case of vacancies. Each | ||||||
4 | appointment by the Governor
shall be subject to approval by the | ||||||
5 | Mayor, and each appointment by the
Mayor shall be subject to | ||||||
6 | approval by the Governor and, when so approved,
the Governor | ||||||
7 | and the Mayor shall certify their respective appointments and
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8 | approvals to the Secretary of State. If the Governor or the | ||||||
9 | Mayor does not
approve or disapprove the appointment by the | ||||||
10 | Mayor or the Governor, respectively,
within 15 days after | ||||||
11 | receipt thereof, the person is appointed. Within thirty
days | ||||||
12 | after certification
and approval of his appointment, and before | ||||||
13 | entering upon the duties of his
office, each member of the | ||||||
14 | Board shall take and subscribe the
constitutional oath of | ||||||
15 | office and file it in the office of the Secretary of
State. | ||||||
16 | There shall also be one non-voting member of the Board. The | ||||||
17 | non-voting member shall be appointed by the Governor and | ||||||
18 | recommended by the labor organization representing the | ||||||
19 | majority of the employees within the Authority. The non-voting | ||||||
20 | member shall be appointed for a term of 7 years. The board | ||||||
21 | chairman, at his or her discretion, may exclude the non-voting | ||||||
22 | member from attending any portion of a meeting of the board or | ||||||
23 | of any committee held for the purpose of discussing | ||||||
24 | negotiations with labor organizations.
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25 | (Source: P.A. 79-938.)
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1 | (70 ILCS 3605/28d new) | ||||||
2 | Sec. 28d. Employee convenience and safety; restroom | ||||||
3 | breaks. The Authority shall ensure that the work schedule of | ||||||
4 | each employee of the Authority allows the employee a reasonable | ||||||
5 | amount of time to use restroom facilities. | ||||||
6 | Section 10. The Local Mass Transit District Act is amended | ||||||
7 | by changing Section 4 and by adding Section 5.5 as follows:
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8 | (70 ILCS 3610/4) (from Ch. 111 2/3, par. 354)
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9 | Sec. 4. The powers of the local Mass Transit District shall | ||||||
10 | repose
in, and be exercised by, a Board of Trustees. If the | ||||||
11 | District is
created by only one municipality or only one county | ||||||
12 | the corporate
authorities or the county board chairman with the | ||||||
13 | consent of the county
board of such municipality or county | ||||||
14 | shall
appoint either 3 or 5 trustees to the Board; provided | ||||||
15 | that in
any Metro East Mass Transit District created by a | ||||||
16 | single county, 5 trustees
shall be appointed and the trustees | ||||||
17 | so appointed shall be: (1) a mayor
of a municipality within the | ||||||
18 | District; (2) a township supervisor
from within the District, | ||||||
19 | or if in a county without
township supervisors, another mayor | ||||||
20 | within the District; (3) the county board chairman in
which the | ||||||
21 | District was formed or such other county board
member as he | ||||||
22 | shall designate; and (4) 2 members of the general public.
There | ||||||
23 | shall also be one non-voting member of the Board of Trustees. | ||||||
24 | The non-voting member shall be recommended by the labor |
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1 | organization representing the majority of the employees within | ||||||
2 | the local Mass Transit District. The non-voting member shall be | ||||||
3 | appointed for a term of 4 years. The board chairman, at his or | ||||||
4 | her discretion, may exclude the non-voting member from | ||||||
5 | attending any portion of a meeting of the board or of any | ||||||
6 | committee held for the purpose of discussing negotiations with | ||||||
7 | labor organizations. If the District is created by one or
more | ||||||
8 | municipalities or one or more counties or any combination | ||||||
9 | thereof,
the corporate authorities and the county board | ||||||
10 | chairman of each participating municipality or county shall | ||||||
11 | determine the percentage of service that the District provides | ||||||
12 | to each municipality or county. Each participating | ||||||
13 | municipality and county shall appoint trustees in proportion to | ||||||
14 | the percentage of service received from the District by that | ||||||
15 | municipality or county. The corporate authorities or the county | ||||||
16 | board chairman, with the consent of the county board, of each | ||||||
17 | participating municipality or county shall appoint one trustee | ||||||
18 | to the Board for each 30% or fraction thereof of service that | ||||||
19 | the municipality or county receives from the District. If an | ||||||
20 | even number of trustees are appointed to the Board, the | ||||||
21 | corporate authorities or the county board chairman, with the | ||||||
22 | consent of the county board, of the municipality or county that | ||||||
23 | receives the largest percentage of service from the District | ||||||
24 | shall appoint one additional trustee. The first Trustees | ||||||
25 | appointed to the Board and any 2 additional
trustees, initially | ||||||
26 | appointed as a result of this amendatory Act of 1983
shall |
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1 | serve for terms of 4 years or less, the terms to be staggered | ||||||
2 | to the
extent possible so that they expire one year apart and | ||||||
3 | so that the terms
of not more than 2 trustees expire in the | ||||||
4 | same year, with the Trustees to
serve less than 4 years to be | ||||||
5 | selected by lot. Thereafter, their
successors shall serve for 4 | ||||||
6 | years. Vacancies shall be filled for the
unexpired term in the | ||||||
7 | same manner as the original appointment.
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8 | Except in a Metro East Mass Transit District, no Trustee of | ||||||
9 | any District
may be an elected official of the
municipality or | ||||||
10 | municipalities or county or counties creating the
District. A | ||||||
11 | Trustee shall hold office until his successor has been
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12 | appointed and has qualified. A certificate of the appointment | ||||||
13 | or
reappointment of any Trustee shall be filed with the clerk | ||||||
14 | or clerks and
such certificate shall be conclusive evidence of | ||||||
15 | the due and proper
appointment of such Trustee. A Trustee shall | ||||||
16 | receive, as compensation
for his services,
not more than $100 | ||||||
17 | for each day devoted to the
business of the Board but not more | ||||||
18 | than $400 per month. For the
purposes
of this Section, each | ||||||
19 | District may determine what constitutes a business
day. He | ||||||
20 | shall also be entitled to the necessary expenses, including
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21 | traveling expenses, incurred in the discharge of his duties. | ||||||
22 | The powers
of each District and the Board shall be vested in | ||||||
23 | the Trustees thereof in
office from
time to time. A majority | ||||||
24 | shall constitute a quorum of the Board for the
purpose of | ||||||
25 | conducting its business and exercising its powers and for all
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26 | other purposes. Action may be taken by the Board upon a vote of |
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1 | the
majority of the Trustees present, unless in any case the | ||||||
2 | bylaws of the
Board shall require a larger number. The Board | ||||||
3 | shall select a chairman
and a vice-chairman from among the | ||||||
4 | Trustees.
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5 | No Trustee or employee of the Board shall acquire or have | ||||||
6 | any
interest direct or indirect in any contract or proposed | ||||||
7 | contract for
materials or services to be furnished or used in | ||||||
8 | connection with
operations of the District. For inefficiency or | ||||||
9 | neglect of duty or
misconduct in office, a Trustee may be | ||||||
10 | removed by the person or body
which made the original | ||||||
11 | appointment, but a Trustee shall be removed only
after he shall | ||||||
12 | have been given a copy of the charges against him at
least 10 | ||||||
13 | days prior to the hearing thereon and has had an opportunity to
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14 | be heard in person or by counsel. In the event of the removal | ||||||
15 | of any
Trustee, a record of the proceedings, together with the | ||||||
16 | charges and
findings thereon, shall be filed in the office of | ||||||
17 | the clerk or clerks of
the creating county or counties or | ||||||
18 | municipality or municipalities.
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19 | The Board shall employ a managing director of the District | ||||||
20 | and may
employ a secretary, treasurer, technical experts and | ||||||
21 | such other
officers, agents and employees, permanent and | ||||||
22 | temporary, as it may
require, and shall fix and determine their | ||||||
23 | qualifications, duties and
compensation and the amount of bond | ||||||
24 | to be furnished for such offices and
positions. For such legal | ||||||
25 | services as it may require, the Board may
call upon any chief | ||||||
26 | law officers of the municipality, municipalities, or
the county |
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1 | or counties as the case may be, or may employ and fix the
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2 | compensation of its own counsel and legal staff. The Board may | ||||||
3 | delegate
to one or more of its agents or employees such powers | ||||||
4 | and duties as it
may deem proper. Notwithstanding the other | ||||||
5 | provisions of this paragraph,
employment of any person other | ||||||
6 | than a managing director or secretary by
any Metro East Mass | ||||||
7 | Transit District created by a single county shall require
the | ||||||
8 | authorization of the county board of such county.
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9 | Neither the District, the members of its Board nor its | ||||||
10 | officers or
employees shall be held liable for failure
to | ||||||
11 | provide a security or police force or, if a security or police | ||||||
12 | force is
provided, for failure to provide adequate police | ||||||
13 | protection or security,
failure to prevent the commission of | ||||||
14 | crimes by fellow passengers or other
third persons or for the | ||||||
15 | failure to apprehend criminals.
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16 | (Source: P.A. 93-590, eff. 1-1-04; 93-792, eff. 7-22-04.)
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17 | (70 ILCS 3610/5.5 new) | ||||||
18 | Sec. 5.5. Employee convenience and safety; restroom | ||||||
19 | breaks. Each local Mass Transit District shall ensure that the | ||||||
20 | work schedule of each employee of the local Mass Transit | ||||||
21 | District allows the employee a reasonable amount of time to use | ||||||
22 | restroom facilities. | ||||||
23 | Section 15. The Regional Transportation Authority Act is | ||||||
24 | amended by adding Section 2.16.1 as follows: |
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1 | (70 ILCS 3615/2.16.1 new) | ||||||
2 | Sec. 2.16.1. Employee convenience and safety; restroom | ||||||
3 | breaks. The Authority shall ensure that the work schedule of | ||||||
4 | each employee of the Authority allows the employee a reasonable | ||||||
5 | amount of time to use restroom facilities. ".
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