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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB5513 Introduced , by Rep. Brandon W. Phelps SYNOPSIS AS INTRODUCED: |
| 70 ILCS 3610/4 | from Ch. 111 2/3, par. 354 |
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Amends the Local Mass Transit District Act. Provides that the corporate authorities and the county board chairman of each participating municipality or county shall determine the make up of the board of trustees.
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| | A BILL FOR |
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| | HB5513 | | LRB098 19877 JLK 55096 b |
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1 | | AN ACT concerning local government.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Local Mass Transit District Act is amended |
5 | | by changing Section 4 as follows:
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6 | | (70 ILCS 3610/4) (from Ch. 111 2/3, par. 354)
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7 | | Sec. 4. The powers of the local Mass Transit District shall |
8 | | repose
in, and be exercised by, a Board of Trustees. If the |
9 | | District is
created by only one municipality or only one county |
10 | | the corporate
authorities or the county board chairman with the |
11 | | consent of the county
board of such municipality or county |
12 | | shall
appoint either 3 or 5 trustees to the Board; provided |
13 | | that in
any Metro East Mass Transit District created by a |
14 | | single county, 5 trustees
shall be appointed and the trustees |
15 | | so appointed shall be: (1) a mayor
of a municipality within the |
16 | | District; (2) a township supervisor
from within the District, |
17 | | or if in a county without
township supervisors, another mayor |
18 | | within the District; (3) the county board chairman in
which the |
19 | | District was formed or such other county board
member as he |
20 | | shall designate; and (4) 2 members of the general public.
If |
21 | | the District is created by one or
more municipalities or one or |
22 | | more counties or any combination thereof, the corporate |
23 | | authorities and the county board chairman of each participating |
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1 | | municipality or county shall determine the make up of the board |
2 | | of trustees. If no determination is made, then
the corporate |
3 | | authorities and the county board chairman of each participating |
4 | | municipality or county shall determine the percentage of |
5 | | service that the District provides to each municipality or |
6 | | county. Each participating municipality and county shall |
7 | | appoint trustees in proportion to the percentage of service |
8 | | received from the District by that municipality or county. The |
9 | | corporate authorities or the county board chairman, with the |
10 | | consent of the county board, of each participating municipality |
11 | | or county shall appoint one trustee to the Board for each 30% |
12 | | or fraction thereof of service that the municipality or county |
13 | | receives from the District. If an even number of trustees are |
14 | | appointed to the Board, the corporate authorities or the county |
15 | | board chairman, with the consent of the county board, of the |
16 | | municipality or county that receives the largest percentage of |
17 | | service from the District shall appoint one additional trustee. |
18 | | The first Trustees appointed to the Board and any 2 additional
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19 | | trustees, initially appointed as a result of this amendatory |
20 | | Act of 1983
shall serve for terms of 4 years or less, the terms |
21 | | to be staggered to the
extent possible so that they expire one |
22 | | year apart and so that the terms
of not more than 2 trustees |
23 | | expire in the same year, with the Trustees to
serve less than 4 |
24 | | years to be selected by lot. Thereafter, their
successors shall |
25 | | serve for 4 years. Vacancies shall be filled for the
unexpired |
26 | | term in the same manner as the original appointment.
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1 | | Except in a Metro East Mass Transit District, no Trustee of |
2 | | any District
may be an elected official of the
municipality or |
3 | | municipalities or county or counties creating the
District. A |
4 | | Trustee shall hold office until his successor has been
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5 | | appointed and has qualified. A certificate of the appointment |
6 | | or
reappointment of any Trustee shall be filed with the clerk |
7 | | or clerks and
such certificate shall be conclusive evidence of |
8 | | the due and proper
appointment of such Trustee. A Trustee shall |
9 | | receive, as compensation
for his services,
not more than $100 |
10 | | for each day devoted to the
business of the Board but not more |
11 | | than $400 per month. For the
purposes
of this Section, each |
12 | | District may determine what constitutes a business
day. He |
13 | | shall also be entitled to the necessary expenses, including
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14 | | traveling expenses, incurred in the discharge of his duties. |
15 | | The powers
of each District and the Board shall be vested in |
16 | | the Trustees thereof in
office from
time to time. A majority |
17 | | shall constitute a quorum of the Board for the
purpose of |
18 | | conducting its business and exercising its powers and for all
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19 | | other purposes. Action may be taken by the Board upon a vote of |
20 | | the
majority of the Trustees present, unless in any case the |
21 | | bylaws of the
Board shall require a larger number. The Board |
22 | | shall select a chairman
and a vice-chairman from among the |
23 | | Trustees.
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24 | | No Trustee or employee of the Board shall acquire or have |
25 | | any
interest direct or indirect in any contract or proposed |
26 | | contract for
materials or services to be furnished or used in |
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1 | | connection with
operations of the District. For inefficiency or |
2 | | neglect of duty or
misconduct in office, a Trustee may be |
3 | | removed by the person or body
which made the original |
4 | | appointment, but a Trustee shall be removed only
after he shall |
5 | | have been given a copy of the charges against him at
least 10 |
6 | | days prior to the hearing thereon and has had an opportunity to
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7 | | be heard in person or by counsel. In the event of the removal |
8 | | of any
Trustee, a record of the proceedings, together with the |
9 | | charges and
findings thereon, shall be filed in the office of |
10 | | the clerk or clerks of
the creating county or counties or |
11 | | municipality or municipalities.
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12 | | The Board shall employ a managing director of the District |
13 | | and may
employ a secretary, treasurer, technical experts and |
14 | | such other
officers, agents and employees, permanent and |
15 | | temporary, as it may
require, and shall fix and determine their |
16 | | qualifications, duties and
compensation and the amount of bond |
17 | | to be furnished for such offices and
positions. For such legal |
18 | | services as it may require, the Board may
call upon any chief |
19 | | law officers of the municipality, municipalities, or
the county |
20 | | or counties as the case may be, or may employ and fix the
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21 | | compensation of its own counsel and legal staff. The Board may |
22 | | delegate
to one or more of its agents or employees such powers |
23 | | and duties as it
may deem proper. Notwithstanding the other |
24 | | provisions of this paragraph,
employment of any person other |
25 | | than a managing director or secretary by
any Metro East Mass |
26 | | Transit District created by a single county shall require
the |
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1 | | authorization of the county board of such county.
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2 | | Neither the District, the members of its Board nor its |
3 | | officers or
employees shall be held liable for failure
to |
4 | | provide a security or police force or, if a security or police |
5 | | force is
provided, for failure to provide adequate police |
6 | | protection or security,
failure to prevent the commission of |
7 | | crimes by fellow passengers or other
third persons or for the |
8 | | failure to apprehend criminals.
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9 | | (Source: P.A. 93-590, eff. 1-1-04; 93-792, eff. 7-22-04.)
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