SB1594 98TH GENERAL ASSEMBLY

LRB098 10051 OMW 40210 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1594

Introduced 2/13/2013, by Sen. Terry Link

SYNOPSIS AS INTRODUCED:

See Index

Creates the Transportation Modernization Act. Provides for the purpose of the Act and creates a transition committee that shall develop a detailed staff and operations integration plan to merge the staffs and operations of the Regional Transportation Authority and the Chicago Metropolitan Agency for Planning. Provides guidelines for the staff and operations integration plan. Amends the Regional Planning Act. Defines "Board Transition Date" and "service boards". Provides that on or after the Board Transition Date: (1) the Board shall consist of 18 members with specifically designated appointments and terms; (2) new Board appointees shall also serve as members of the Wastewater Committee; (3) an affirmative vote of three-fifths of Board members is required to take any action; and (4) the appointment of the chairman shall require the affirmative vote of at least 13 of the then members. Further provides that terms of board members currently appointed shall expire the day before the Board Transition Date. Provides that Board composition shall not be revised to allow a voting member that does not reside within the metropolitan region. Provides recommended legislation to complete the merger of the RTA and CMA. Further provides that for the exercise of authority under the Regional Transportation Authority Act, the jurisdiction and area of operation of the Board includes only the metropolitan region. Provides additional powers to the Board with respect to merging the RTA and CMAP. Amends the Regional Transportation Authority Act. Defines "Board Transition Date". Provides that the executive director hired under the Regional Planning Act shall serve as the Executive Director of the Authority. Provides for Board appointments after the Board Transition Date. Repeals Sections regarding the Chairman and other officers, terms and vacancies, and compensation on the Board Transition Date. Effective immediately.

A BILL FOR

AN ACT concerning local government.

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

Section 1. Short title. This Act may be cited as the Transportation Modernization Act.

Section 5. Purpose. The General Assembly declares and determines that a streamlined governance structure that integrates regional comprehensive planning and transit system oversight is necessary to conserve public resources and achieve the most effective public and private transportation investments that are vital to making the northeastern Illinois region competitive in the global economy. It is the intent of the General Assembly to merge, through an orderly transition, the operations and governance of the Regional Transportation Authority (RTA) and the Chicago Metropolitan Agency for Planning (CMAP) in order to most efficiently and effectively address the region's development and transportation challenges. It is intended that the new board and agency resulting from this merger eliminate unnecessary and duplicative functions and provide the most cost-effective means to ensure that transit services are fast, well-planned, coordinated, well-maintained, efficient, convenient, safe, and attractive and achieve a doubling of transit use in 25 years.

Section 10. Transition Committee.

(a) Promptly after the effective date of this Act, the RTA and CMAP shall establish a Transition Committee that includes eight members, as follows:

(1) The Executive Directors of both RTA and CMAP;

(2) The board chairpersons of both RTA and CMAP; and

(3) Two other board members selected by the RTA's and CMAP's respective board chairpersons. CMAP shall provide staffing support for the Transition Committee.

(b) Within 6 months of the effective date of this Act, the Executive Director of CMAP, in consultation with the other members of the Transition Committee, shall develop a detailed staff and operations integration plan to merge the staffs and operations of the RTA and CMAP to the fullest extent permissible by law. The members of the Transition Committee shall consult with the appointing authorities of the RTA and CMAP governing boards during the development of the staff and operations integration plan. The staff and operations integration plan must address, without limitation:

(1) Labor and employment matters, including employee pensions and benefits;

(2) Operational and administrative matters relating to the merging of staff and operations, including equipment and technology, leases and contracts, and office space;

(3) The alignment of functions and responsibilities of the RTA and CMAP; and

(4) The alignment of fiscal, budgeting, and planning processes of the RTA and CMAP.

(c) Within 8 months of the effective date of this Act, the Executive Director of CMAP, in consultation with the other members of Transition Committee and subject to applicable governing board authority, shall oversee the merger of the staff and operations of RTA into CMAP and implement those portions of the staff and operations integration plan that do not require further legislative action to effectuate.

Section 15. The Regional Planning Act is amended by changing Sections 10, 15, 25, 30, and 35 and by adding Sections 25a and 25b as follows:

(70 ILCS 1707/10)

Sec. 10. Definitions.

"Board" means the Board of the Chicago Metropolitan Agency for Planning.

"Board Transition Date" means January 1, 2014 or the first day of the sixth full calendar month following the effective date of this amendatory Act of the 98th General Assembly, whichever is later.

"CMAP" means the Chicago Metropolitan Agency for Planning.

"Chief elected county official" means the Board Chairman in DuPage, Kane, Kendall, Lake, and McHenry Counties and the County Executive in Will County.

"Fiscal year" means the fiscal year of the State.

"IDOT" means the Illinois Department of Transportation.

"MPO" means the metropolitan planning organization designated under 23 U.S.C. 134.

"Members" means the members of the Board.

"Person" means an individual, partnership, firm, public or private corporation, State agency, transportation agency, or unit of local government.

"Policy Committee" means the decision-making body of the MPO.

"Region" or "northeastern Illinois region" means Cook, DuPage, Kane, Kendall, Lake, McHenry, and Will Counties.

"Service Boards" means the Board of the Commuter Rail Division of the Regional Transportation Authority, the Board of the Suburban Bus Division of the Regional Transportation Authority, and the Board of the Chicago Transit Authority established under the "Metropolitan Transit Authority Act", approved April 12, 1945, as now or hereafter amended.

"State agency" means "agency" as defined in Section 1-20 of the Illinois Administrative Procedure Act.

"Transportation agency" means the Regional Transportation Authority and its Service Boards; the Illinois Toll Highway Authority; the Illinois Department of Transportation; and the transportation functions of units of local government.

"Unit of local government" means a unit of local government, as defined in Section 1 of Article VII of the Illinois Constitution, that is located within the jurisdiction and area of operation of the Board.

"USDOT" means the United States Department of Transportation.

(Source: P.A. 94-510, eff. 8-9-05; 95-677, eff. 10-11-07.)

(70 ILCS 1707/15)

Sec. 15. Chicago Metropolitan Agency for Planning; structure.

(a) The Chicago Metropolitan Agency for Planning is established as a political subdivision, body politic, and municipal corporation. The Board shall be responsible for developing and adopting a funding and implementation strategy for an integrated land use and transportation planning process for the northeastern Illinois region.

(b) (Blank.)

(c) Prior to the Board Transition Date, the The Board shall consist of 15 voting members as follows:

(1) One member from DuPage County appointed cooperatively by the mayors of DuPage County and the chief elected county official of DuPage County.

(2) One member representing both Kane and Kendall Counties appointed cooperatively by the mayors of Kane County and Kendall County and the chief elected county officials of Kane County and Kendall County.

(3) One member from Lake County appointed cooperatively by the mayors of Lake County and the chief elected county official of Lake County.

(4) One member from McHenry County appointed cooperatively by the mayors of McHenry County and the chief elected county official of McHenry County.

(5) One member from Will County appointed cooperatively by the mayors of Will County and the chief elected county official of Will County.

(6) Five members from the City of Chicago appointed by the Mayor of the City of Chicago.

(7) One member from that portion of Cook County outside of the City of Chicago appointed by the President of the Cook County Board of Commissioners.

(8) Four members from that portion of Cook County outside of the City of Chicago appointed, with the consent of the President of the Cook County Board of Commissioners, as follows:

(i) One by the mayors representing those communities in Cook County that are outside of the City of Chicago and north of Devon Avenue.

(ii) One by the mayors representing those communities in Cook County that are outside of the City of Chicago, south of Devon Avenue, and north of Interstate 55, and in addition the Village of Summit.

(iii) One by the mayors representing those communities in Cook County that are outside of the City of Chicago, south of Interstate 55, and west of Interstate 57, excluding the communities of Summit, Dixmoor, Posen, Robbins, Midlothian, Oak Forest, and Tinley Park.

(iv) One by the mayors representing those communities in Cook County that are outside of the City of Chicago and east of Interstate 57, and, in addition, the communities of Dixmoor, Posen, Robbins, Midlothian, Oak Forest, and Tinley Park. The terms of the members initially appointed to the Board shall begin within 60 days after this Act takes effect.

(c-5) On and after the Board Transition Date, the Board shall consist of 18 voting members as follows:

(1) Five members appointed by the Mayor of the City of Chicago. Each of these members shall reside in the City of Chicago.

(2) Five members appointed by the President of the Cook County Board, with the advice and consent of the members of the Cook County Board elected from districts where a majority of the electors reside outside of Chicago. Each member appointed under this paragraph shall reside in that part of Cook County outside the City of Chicago.

(3) Five members appointed as follows:

(i) One member appointed by the Chairman of the Kane County Board with the advice and consent of the Kane County Board, and in consultation with the Chairman of the Kendall County Board. That member shall reside in Kane County.

(ii) One member appointed by the County Executive of Will County with the advice and consent of the Will County Board. That member shall reside in Will County.

(iii) One member appointed by the Chairman of the DuPage County Board with the advice and consent of the DuPage County Board. That member shall reside in DuPage County.

(iv) One member appointed by the Chairman of the Lake County Board with the advice and consent of the Lake County Board. That member shall reside in Lake County.

(v) One member appointed by the Chairman of the McHenry County Board with the advice and consent of the McHenry County Board. That member shall reside in McHenry County.

(4) Three members appointed by the Governor, selected after consultation with the Senate President, the Speaker of the House of Representatives, the Senate Minority Leader, and the House of Representatives Minority Leader. No more than two members may be from the same political party as the Governor holding office at the time the appointments are made. Party membership is defined as having voted in the primary of the party in the last primary before appointment. The residency of those members shall be as follows:

(i) one member who resides in the City of Chicago;

(ii) one member who resides in Cook County outside the City of Chicago; and

(iii) one member who resides in DuPage, Kane, Kendall, Lake, McHenry, or Will County.

The members appointed under this subsection may be appointed from among the members of the governing bodies of the Chicago Metropolitan Agency for Planning and the Regional Transportation Authority serving prior to the Board Transition Date. A member of the Board appointed under this subsection shall not also serve on a Service Board, as defined in Section 1.03 of the Regional Transportation Authority Act. The terms of the members appointed to the Board under this subsection shall begin upon their appointment.

(d) The CMAP Board may appoint non-voting members of the Board. On and after the Board Transition Date, the Board shall include a non-voting member appointed by the Chairman of the Kendall County Board. A non-voting member shall reside in Kendall County.

(e) (1) The CMAP Board shall create a Wastewater Committee with the responsibility of recommending directly to the Illinois Environmental Protection Agency (IEPA) the appropriateness of proposed requests for modifications and amendments to the established boundaries of wastewater facility planning areas, requests for the creation of new wastewater facility planning areas, requests for the elimination of existing wastewater facility planning areas, requests for new or expanded sewage treatment facilities, or any other amendments to the State of Illinois Water Quality Management Plan required under the federal Clean Water Act. The Chairmanship of the Wastewater Committee shall rotate every 24 months between the individuals described in subsections (e)(2)(iv) and (e)(2)(v) with the individual identified in subsection (e)(2)(v) serving as chairman for the initial 24-month period commencing on the effective date of this amendatory Act of the 95th General Assembly.

(2) The Wastewater Committee shall consist of 5 members of the CMAP Board designated as follows:

(i) One member of the Wastewater Committee shall, prior to the Board Transition Date, be one of the CMAP Board members designated in subsection (c)(1) through (c)(5) and, on and after the Board Transition Date, one of the Board members designated in subsection (c-5)(3).

(ii) One member of the Wastewater Committee shall, prior to the Board Transition Date, be one of the CMAP Board members designated in subsection (c)(6) and, on and after the Board Transition Date, one of the Board members designated in subsection (c-5)(1).

(iii) One member of the Wastewater Committee shall, prior to the Board Transition Date, be one of the CMAP Board members designated in subsection (c)(7) or (c)(8) and, on and after the Board Transition Date, one of the Board members designated in subsection (c-5)(2).

(iv) One member of the Wastewater Committee shall be a person appointed by the President of the Metropolitan Water Reclamation District of Greater Chicago (and who does not need to serve on the CMAP Board).

(v) One member of the Wastewater Committee shall be a person appointed by the President of the largest statewide association of wastewater agencies (and who does not need to serve on the CMAP Board).

(3) Terms of the members of the Wastewater Committee shall be consistent with those identified in Section 25, except that the term of the member of the Wastewater Committee appointed by the President of the Metropolitan Water Reclamation District of Greater Chicago shall expire on July 1, 2009, and the term of the member of the Wastewater Committee appointed by the President of the largest statewide association of wastewater agencies shall expire on July 1, 2009.

(f) With the exception of matters considered and recommended by the Wastewater Committee directly to the IEPA, which shall require only a concurrence of a simple majority of the Wastewater Committee members in office, the following affirmative vote requirements shall apply to actions of the Board:

(1) Prior to the Board Transition Date, concurrence of four-fifths of the Board members in office is necessary for the Board to take any action; and

(2) On and after the Board Transition Date, the affirmative vote of three-fifths of the Board members in office is necessary for the Board to take any action.

(Source: P.A. 94-510, eff. 8-9-05; 95-677, eff. 10-11-07.)

(70 ILCS 1707/25)

Sec. 25. Operations.

(a) Each appointing authority shall give notice of its Board appointments to each other appointing authority, to the Board, and to the Secretary of State. Within 30 days after his or her appointment and before entering upon the duties of the office, each Board member shall take and subscribe to the constitutional oath of office and file it with the Secretary of State. Board members shall hold office for a term of 4 years or until successors are appointed and qualified; provided, however, that the terms of all members of the Board then in office shall expire one day before the Board Transition Date, and the terms of Board members appointed under subsection (c-5) of Section 15 of this Act shall expire as set forth in subsection (a-5) of this Section. On and after the Board Transition Date, the Board may meet and take action when 12 members have been appointed and are qualified to enter upon the duties of the office under this subsection.

The terms of the initial Board members shall expire as follows:

(1) The terms of the member from DuPage County and the member representing both Kane and Kendall Counties shall expire on July 1, 2007.

(2) The terms of those members from Lake, McHenry, and Will Counties shall expire on July 1, 2009.

(3) As designated at the time of appointment, the terms of 2 members from the City of Chicago shall expire on July 1, 2007 and the terms of 3 members from the City of Chicago shall expire on July 1, 2009.

(4) The term of the member appointed by the President of the Cook County Board of Commissioners shall expire on July 1, 2007.

(5) The terms of those members appointed, with the consent of the President of the Cook County Board of Commissioners, by the mayors representing those communities in Cook County that are outside of the City of Chicago and north of Devon Avenue shall expire on July 1, 2007.

(6) The terms of those members appointed, with the consent of the President of the Cook County Board of Commissioners, by the mayors representing those communities in Cook County that are outside of the City of Chicago, south of Interstate 55, and west of Interstate 57, excluding the communities of Summit, Dixmoor, Posen, Robbins, Midlothian, Oak Forest, and Tinley Park, shall expire on July 1, 2007.

(7) The terms of those members appointed, with the consent of the President of the Cook County Board of Commissioners, by the mayor representing those communities in Cook County that are outside of the City of Chicago, south of Devon Avenue, and north of Interstate 55, and, in addition, the Village of Summit, shall expire on July 1, 2009.

(8) The terms of those members appointed, with the consent of the President of the Cook County Board of Commissioners, by the mayors representing those communities in Cook County that are outside of the City of Chicago and east of Interstate 57, and, in addition, the communities of Dixmoor, Posen, Robbins, Midlothian, Oak Forest, and Tinley Park, shall expire on July 1, 2009.

(a-5) The terms of the Board members appointed under subsection (c-5) of Section 15 of this Act shall expire as follows:

(1) the terms of the members appointed by the Chairmen of the County Boards of DuPage and Kane Counties shall expire on July 1, 2016;

(2) the terms of the members appointed by the Chairmen of the County Boards of Lake and McHenry Counties and the member appointed by the County Executive of Will County shall expire on July 1, 2018;

(3) as designated at the time of appointment, the terms of 2 members appointed by the Mayor of the City of Chicago shall expire on July 1, 2015 and the terms of 3 members appointed by the Mayor of the City of Chicago shall expire on July 1, 2018;

(4) as designated at the time of appointment, the terms of 3 of the members appointed by the President of the Cook County Board shall expire on July 1, 2016 and the terms of 2 of the members appointed by the President of the Cook County Board shall expire on July 1, 2018; and

(5) as designated at the time of appointment, the terms of 2 of the members appointed by the Governor shall expire on July 1, 2015 and the terms of 1 member appointed by the Governor shall expire on July 1, 2018.

(b) If a vacancy occurs, the appropriate appointing authority shall fill the vacancy by an appointment for the unexpired term. Board members shall receive no compensation, but shall be reimbursed for expenses incurred in the performance of their duties.

(c) The Board shall be so appointed as to represent the City of Chicago, that part of Cook County outside the City of Chicago, and that part of the metropolitan region outside of Cook County on a one man one vote basis. Within 6 months after the release of each certified federal decennial census, the Board shall review its composition and, if a change is necessary in order to comply with the representation requirements of this subsection (c), shall recommend the necessary revision for approval by the General Assembly. Notwithstanding the foregoing, Board composition shall not be revised to establish a voting member from any county that is not within the metropolitan region as defined in Section 1.03 of the Regional Transportation Authority Act.

(d) Regular meetings of the Board shall be held at least once in each calendar quarter. The time and place of Board meetings shall be fixed by resolution of the Board. Special meetings of the Board may be called by the chairman or a majority of the Board members. A written notice of the time and place of any special meeting shall be provided to all Board members at least 3 days prior to the date fixed for the meeting, except that if the time and place of a special meeting is fixed at a regular meeting at which all Board members are present, no such written notice is required. A majority of the Board members in office constitutes a quorum for the purpose of convening a meeting of the Board.

(e) The meetings of the Board shall be held in compliance with the Open Meetings Act. The Board shall maintain records in accordance with the provisions of the State Records Act.

(f) At its initial meeting and its first regular meeting after July 1 of each year thereafter, the Board from its membership shall appoint a chairman and may appoint vice chairmen and shall provide the term and duties of those officers pursuant to its bylaws. On and after the Board Transition Date, the appointment of the chairman shall require the affirmative vote of at least 13 of the then members. Before entering upon duties of office, the chairman shall execute a bond with corporate sureties to be approved by the Board and shall file it with the principal office of the Board. The bond shall be payable to the Board in whatever penal sum may be directed and shall be conditioned upon the faithful performance of the duties of office and the payment of all money received by the chairman according to law and the orders of the Board. The Board may appoint, from time to time, an executive committee and standing and ad hoc committees to assist in carrying out its responsibilities.

(Source: P.A. 94-510, eff. 8-9-05; 95-677, eff. 10-11-07.)

(70 ILCS 1707/25a new)

Sec. 25a. Recommended legislation to complete the merger of the Regional Transportation Authority and Chicago Metropolitan Agency for Planning.

(a) Within 9 months of the Board Transition Date, the Board shall prepare and recommend for enactment by the General Assembly legislation that meets the requirements of subsection (b) of this Section. Prior to submitting its recommended legislation to the General Assembly, the Board shall consult with the appointing authorities of the Board and conduct at least 3 public hearings in Cook County and at least one public hearing in each of the following counties: DuPage County, Kane County, Kendall County, Lake County, McHenry County, and Will County. Through the consultation and public hearing process, the Board shall develop goals, objectives, and principles to charge and guide the governance structure for regional comprehensive planning and transit oversight. These goals, objectives, and principles shall be in addition to the responsibilities of the Board and agency set forth in this Act and shall address and be generally consistent with the following:

(i) double the use of public transit in the northeastern Illinois region by 2040;

(ii) ensure that transit services are well coordinated, easy to use, safe, reliable, attractive, well maintained, and efficient;

(iii) identify and eliminate unnecessary functions of RTA, CMAP, and the Service Boards;

(iv) eliminate duplication of functions among RTA, CMAP, and the Service Boards;

(v) ensure that methods of raising revenue and allocating funds are based on sound criteria, will reward efficiency and coordinated performance, are fair, and are adequate to meet the northeastern Illinois region's changing needs; and

(vi) ensure that transit investments are consistent with the regional comprehensive plan developed under Section 45 of this Act.

(b) The legislation prepared by the Board under subsection (a) of this Section shall, without limitation:

(i) designate the name of the new agency resulting from the merger of the Regional Transportation Authority and CMAP;

(ii) merge the powers and authorities contained within this Act and the Regional Transportation Authority Act;

(iii) address the assumption of bonds and other indebtedness of the Regional Transportation Authority and CMAP by the new agency resulting from their merger;

(iv) address the transfer of assets, liabilities, and obligations to the new agency;

(v) address the ability of employees to transfer creditable service to the pension system utilized by the new agency;

(vi) establish methods for allocating operating subsidies to the Service Boards that will replace those methods in effect as of the effective date of this amendatory Act, further the goals identified in subsection (a) of this Section, and be consistent with the strategic planning requirements contained in Sections 2.01 and 2.01a of the Regional Transportation Authority Act;

(vii) establish methods for allocating capital funding to the Service Boards that will replace those methods in effect as of the effective date of this amendatory Act of the 98th General Assembly, further the goals identified in subsection (a) of this Section, and be consistent with the strategic planning processes and Five Year Capital Program requirements contained in Sections 2.01, 2.01a, and 2.01b of the Regional Transportation Authority Act; and

(viii) include all other provisions needed to effectuate the merger of the staff, operations, and functions of the RTA and CMAP into the new agency.

(c) Within 12 months of the Board Transition Date, the Board shall, in cooperation with Illinois Department of Transportation, the Illinois Toll Highway Authority, and the Service Boards, develop, adopt, and commence implementation of a plan to double the use of public transit in the northeastern Illinois region by 2040. The Board shall ensure that the plan is cost-effective and financially sound. Upon adoption, the plan must be submitted to the Governor, the Illinois Senate President, the Speaker of the Illinois House of Representatives, the Illinois Senate Minority Leader, and the Illinois House of Representatives Minority Leader.

(70 ILCS 1707/25b new)

Sec. 25b. Coordination of Service Boards.

(a) By no later than July 1, 2015, the Board shall:

(i) develop and commence implementation of a process through which the Service Boards shall engage in joint procurement and purchasing of insurance, risk management services, energy, fuel, and other services or commodities as the Board may determine are appropriate for joint purchasing for the purpose of obtaining best pricing and overall value; and

(ii) develop and commence implementation of a system under which each Service Board shall sell tickets or fare cards for the fixed-route transportation services operated by each of the other Service Boards, unless the Service Boards operate under a unified fare payment system. The ticket agents employed by each Service Board shall make tickets and fare cards available to consumers for purchase and shall be trained to assist consumers in accessing the transportation services operated by each of the other Service Boards.

(70 ILCS 1707/30)

Sec. 30. Jurisdiction and area of operation. The jurisdiction and area of operation of the Board includes Cook, DuPage, Kane, Kendall, Lake, McHenry, and Will Counties. The Board may enter into agreements with units of local government located outside of, but contiguous to, its jurisdiction and area of operation in order to include those areas in plans for the region. For activities related to the MPO, the jurisdiction of the MPO shall be that area defined by federal requirements.

On and after the Board Transition Date, for the exercise of authority under the Regional Transportation Authority Act, the jurisdiction and area of operation of the Board includes only the metropolitan region as defined in Section 1.03 of the Regional Transportation Authority Act.

(Source: P.A. 94-510, eff. 8-9-05.)

(70 ILCS 1707/35)

Sec. 35. General powers and authority. In addition to any other rights, powers, duties, or obligations granted to the Board under this Act or specifically granted to the Board under any other law, the Board has all of the following general powers and authority:

(1) To sue and be sued in its official name.

(2) To enter into agreements with units of local government, transportation agencies, State agencies, federal agencies, and persons in order to implement any of the provisions of this Act, including agreements for specialized planning services.

(3) To accept and expend, for purposes consistent with the purposes of this Act, funds and moneys from any source, including gifts, bequests, grants, appropriations, loans, or contributions made by any person, unit of local government, the State, or the federal government.

(4) To enter into contracts or other transactions with any unit of local government, transportation agency, State agency, public or private organization, or any other source in furtherance of the purpose of this Act, and to take any necessary action in order to avail itself of such aid and cooperation.

(5) To purchase, receive, take by grant, gift, devise, or bequest, lease, or otherwise acquire, own, hold, improve, employ, use, and otherwise deal in and with real or personal property, or any interest therein, wherever situated.

(6) To adopt, alter, or repeal its own bylaws and any rules that the Board deems necessary in governing the exercise of its authority and the performance of its duties under this Act.

(7) To make purchases under this Act in compliance with the Local Government Prompt Payment Act.

(8) To adopt an annual operating budget and work program for each fiscal year and make appropriations in accordance with the Illinois Municipal Budget Law and to have the power to expend such budgeted moneys.

(9) To exercise any other implied powers that are necessary or convenient for the Board to accomplish its purposes and that are not inconsistent with its expressed powers.

(10) To cooperate with any planning agency of a state contiguous to the region in order to integrate and coordinate plans for development of urban areas in that state with the regional comprehensive plan developed under this Act.

(11) On and after the Board Transition Date, to serve as the corporate authorities and governing body of the Regional Transportation Authority under the Regional Transportation Authority Act and to assume all powers and duties of the Board of the Regional Transportation Authority, as provided in the Regional Transportation Authority Act.

(12) On and after the Board Transition Date, to manage the operations of CMAP and the Regional Transportation Authority until the time when the powers and authorities of those agencies are merged, including without limitation, determining the appropriate designation of all programs and functions under the authority of the Board.

(13) On and after the Board Transition Date, to manage the operating and capital plans and expenditures of CMAP and the Regional Transportation Authority in accordance with the continuing evaluation, review, and audit processes provided in Section 2.01(b) of the Regional Transportation Authority Act.

(Source: P.A. 94-510, eff. 8-9-05.)

Section 35. The Regional Transportation Authority Act is amended by changing Sections 1.03, 2.14, 3.01, 3.02, 3.03, and 3.04 as follows:

(70 ILCS 3615/1.03) (from Ch. 111 2/3, par. 701.03)

Sec. 1.03. Definitions. As used in this Act:

"Authority" means the Regional Transportation Authority;

"Board" means the Board of Directors of the Regional Transportation Authority;

"Board Transition Date" means January 1, 2014 or the first day of the sixth full calendar month following the effective date of this amendatory Act of the 98th General Assembly, whichever is later.

"Construct or acquire" means plan, design, construct, reconstruct, improve, modify, extend, landscape, expand or acquire;

"Metropolitan Region" means all territory included within the territory of the Authority as provided in this Act, and such territory as may be annexed to the Authority;

"Municipality", "County" and "Unit of Local Government" have the meanings given to such terms in Section 1 of Article VII of the Illinois Constitution;

"Operate" means operate, maintain, administer, repair, promote and any other acts necessary or proper with regard to such matters;

"Public Transportation" means the transportation or conveyance of persons within the metropolitan region by means available to the general public, including groups of the general public with special needs, except for transportation by automobiles not used for conveyance of the general public as passengers;

"Public Transportation Facilities" means all equipment or property, real or personal, or rights therein, useful or necessary for providing, maintaining or administering public transportation within the metropolitan region or otherwise useful for carrying out or meeting the purposes or powers of the Authority, except it shall not include roads, streets, highways or bridges or toll highways or toll bridges for general public use; and

"Service Boards" means the Board of the Commuter Rail Division of the Authority, the Board of the Suburban Bus Division of the Authority and the Board of the Chicago Transit Authority established pursuant to the "Metropolitan Transit Authority Act", approved April 12, 1945, as now or hereafter amended.

"Transportation Agency" means any individual, firm, partnership, corporation, association, body politic, municipal corporation, public authority, unit of local government or other person, other than the Authority and the Service Boards, which provides public transportation, any local mass transit district created pursuant to the "Local Mass Transit District Act", as now or hereafter amended, and any urban transportation district created pursuant to the "Urban Transportation District Act", as now or hereafter amended, which districts are located in whole or in part within the metropolitan region.

(Source: P.A. 83-885; 83-886.)

(70 ILCS 3615/2.14) (from Ch. 111 2/3, par. 702.14)

Sec. 2.14. Appointment of Officers and Employees. The Authority may appoint, retain and employ officers, attorneys, agents, engineers and employees. The officers shall include an Executive Director, who shall be the chief executive officer of the Authority. Prior to the Board Transition Date, the Executive Director shall be , appointed by the Chairman with the concurrence of 11 of the other then Directors of the Board. On and after the Board Transition Date, the executive director hired under Section 20 of the Regional Planning Act shall also be the Executive Director of the Authority. The Executive Director shall organize the staff of the Authority, shall allocate their functions and duties, shall transfer such staff to the Suburban Bus Division and the Commuter Rail Division as is sufficient to meet their purposes, shall fix compensation and conditions of employment of the staff of the Authority, and consistent with the policies of and direction from the Board, take all actions necessary to achieve its purposes, fulfill its responsibilities and carry out its powers, and shall have such other powers and responsibilities as the Board shall determine. The Executive Director must be an individual of proven transportation and management skills and may not be a member of the Board. The Authority may employ its own professional management personnel to provide professional and technical expertise concerning its purposes and powers and to assist it in assessing the performance of the Service Boards in the metropolitan region.

No unlawful discrimination, as defined and prohibited in the Illinois Human Rights Act, shall be made in any term or aspect of employment nor shall there be discrimination based upon political reasons or factors. The Authority shall establish regulations to insure that its discharges shall not be arbitrary and that hiring and promotion are based on merit.

The Authority shall be subject to the "Illinois Human Rights Act", as now or hereafter amended, and the remedies and procedure established thereunder. The Authority shall file an affirmative action program for employment by it with the Department of Human Rights to ensure that applicants are employed and that employees are treated during employment, without regard to unlawful discrimination. Such affirmative action program shall include provisions relating to hiring, upgrading, demotion, transfer, recruitment, recruitment advertising, selection for training and rates of pay or other forms of compensation.

(Source: P.A. 95-708, eff. 1-18-08.)

(70 ILCS 3615/3.01) (from Ch. 111 2/3, par. 703.01)

Sec. 3.01. Board of Directors. Prior to the Board Transition Date, the The corporate authorities and governing body of the Authority shall be a Board consisting of 13 Directors until April 1, 2008, and 16 Directors thereafter, appointed as follows:

(a) Four Directors appointed by the Mayor of the City of Chicago, with the advice and consent of the City Council of the City of Chicago, and, only until April 1, 2008, a fifth director who shall be the Chairman of the Chicago Transit Authority. After April 1, 2008, the Mayor of the City of Chicago, with the advice and consent of the City Council of the City of Chicago, shall appoint a fifth Director. The Directors appointed by the Mayor of the City of Chicago shall not be the Chairman or a Director of the Chicago Transit Authority. Each such Director shall reside in the City of Chicago.

(b) Four Directors appointed by the votes of a majority of the members of the Cook County Board elected from districts, a majority of the electors of which reside outside Chicago. After April 1, 2008, a fifth Director appointed by the President of the Cook County Board with the advice and consent of the members of the Cook County Board. Each Director appointed under this subparagraph shall reside in that part of Cook County outside Chicago.

(c) Until April 1, 2008, 3 Directors appointed by the Chairmen of the County Boards of DuPage, Kane, Lake, McHenry, and Will Counties, as follows:

(i) Two Directors appointed by the Chairmen of the county boards of Kane, Lake, McHenry and Will Counties, with the concurrence of not less than a majority of the Chairmen from such counties, from nominees by the Chairmen. Each such Chairman may nominate not more than 2 persons for each position. Each such Director shall reside in a county in the metropolitan region other than Cook or DuPage Counties.

(ii) One Director appointed by the Chairman of the DuPage County Board with the advice and consent of the DuPage County Board. Such Director shall reside in DuPage County.

(d) After April 1, 2008, 5 Directors appointed by the Chairmen of the County Boards of DuPage, Kane, Lake and McHenry Counties and the County Executive of Will County, as follows:

(i) One Director appointed by the Chairman of the Kane County Board with the advice and consent of the Kane County Board. Such Director shall reside in Kane County.

(ii) One Director appointed by the County Executive of Will County with the advice and consent of the Will County Board. Such Director shall reside in Will County.

(iii) One Director appointed by the Chairman of the DuPage County Board with the advice and consent of the DuPage County Board. Such Director shall reside in DuPage County.

(iv) One Director appointed by the Chairman of the Lake County Board with the advice and consent of the Lake County Board. Such Director shall reside in Lake County.

(v) One Director appointed by the Chairman of the McHenry County Board with the advice and consent of the McHenry County Board. Such Director shall reside in McHenry County.

(vi) To implement the changes in appointing authority under this subparagraph (d) the three Directors appointed under subparagraph (c) and residing in Lake County, DuPage County, and Kane County respectively shall each continue to serve as Director until the expiration of their respective term of office and until his or her successor is appointed and qualified or a vacancy occurs in the office. Thereupon, the appointment shall be made by the officials given appointing authority with respect to the Director whose term has expired or office has become vacant.

(d-5) On and after the Board Transition Date, the corporate authorities and governing body of the Authority shall be the board appointed under subsection (c-5) of Section 15 of the Regional Planning Act. All references in this Act on or after the Board Transition Date to the Board shall mean the board appointed under subsection (c-5) of Section 15 of the Regional Planning Act. All references in this Act on or after the Board Transition Date to the Directors of the Authority shall mean the voting members of the board appointed under subsection (c-5) of Section 15 of the Regional Planning Act. Notwithstanding anything to the contrary contained in this Act, any action or approval that requires the affirmative vote of the Directors of the Authority under this Act on and after the Board Transition Date may be authorized by the affirmative vote of three-fifths of the members of the board appointed under subsection (c-5) of Section 15 of the Regional Planning Act then holding office.

(e) The Chairman serving on the effective date of this amendatory Act of the 95th General Assembly shall continue to serve as Chairman until the expiration of his or her term of office and until his or her successor is appointed and qualified or a vacancy occurs in the office. Upon the expiration or vacancy of the term of the Chairman then serving upon the effective date of this amendatory Act of the 95th General Assembly, and until the Board Transition Date, the Chairman shall be appointed by the other Directors, by the affirmative vote of at least 11 of the then Directors with at least 2 affirmative votes from Directors who reside in the City of Chicago, at least 2 affirmative votes from Directors who reside in Cook County outside the City of Chicago, and at least 2 affirmative votes from Directors who reside in the Counties of DuPage, Lake, Will, Kane, or McHenry. The chairman shall not be appointed from among the other Directors. Until the Board Transition Date, the The chairman shall be a resident of the metropolitan region. On and after the Board Transition Date, the chairman of the Authority shall mean the Chairman appointed under subsection (f) of Section 25 of the Regional Planning Act.

(f) Except as otherwise provided by this Act no Director shall, while serving as such, be an officer, a member of the Board of Directors or Trustees or an employee of any Service Board or transportation agency, or be an employee of the State of Illinois or any department or agency thereof, or of any unit of local government or receive any compensation from any elected or appointed office under the Constitution and laws of Illinois; except that a Director may be a member of a school board.

(g) Each appointment made under this Section and under Section 3.03 shall be certified by the appointing authority to the Board, which shall maintain the certifications as part of the official records of the Authority.

(h) (Blank).

(Source: P.A. 95-708, eff. 1-18-08.)

(70 ILCS 3615/3.02) (from Ch. 111 2/3, par. 703.02)

Sec. 3.02. Chairman and Other Officers. The Chairman shall preside at meetings of the Board, and shall be entitled to vote on all matters. The Board shall select a Secretary and a Treasurer and may select persons to fill such other offices of the Authority and to perform such duties as it shall from time to time determine. The Secretary, Treasurer and other officers of the Authority may, but need not be, members of the Board.

This Section 3.02 is repealed on the Board Transition Date.

(Source: P.A. 83-886.)

(70 ILCS 3615/3.03) (from Ch. 111 2/3, par. 703.03)

Sec. 3.03. Terms, vacancies. Each Director shall hold office for a term of 5 years, and until his successor has been appointed and has qualified. A vacancy shall occur upon resignation, death, conviction of a felony, or removal from office of a Director. Any Director may be removed from office (i) upon concurrence of not less than 11 Directors, on a formal finding of incompetence, neglect of duty, or malfeasance in office or (ii) by the Governor in response to a summary report received from the Executive Inspector General in accordance with Section 20-50 of the State Officials and Employees Ethics Act, provided he or she has an opportunity to be publicly heard in person or by counsel prior to removal. Within 30 days after the office of any member becomes vacant for any reason, the appointing authorities of such member shall make an appointment to fill the vacancy. A vacancy shall be filled for the unexpired term.

Whenever a vacancy for a Director, except as to the Chairman or those Directors appointed by the Mayor of the City of Chicago, exists for longer than 4 months, the new Director shall be chosen by election by all legislative members in the General Assembly representing the affected area. In order to qualify as a voting legislative member in this matter, the affected area must be more than 50% of the geographic area of the legislative district.

This Section 3.03 is repealed as of the Board Transition Date.

(Source: P.A. 95-708, eff. 1-18-08; 96-1528, eff. 7-1-11.)

(70 ILCS 3615/3.04) (from Ch. 111 2/3, par. 703.04)

Sec. 3.04. Compensation. Each Director including the Chairman, except for the Chairman of the Chicago Transit Authority who shall not be compensated by the Authority, shall be compensated at the rate of $25,000 per year.

Officers of the Authority shall not be required to comply with the requirements of "An Act requiring certain custodians of public moneys to file and publish statements of the receipts and disbursements thereof", approved June 24, 1919, as now or hereafter amended.

This Section 3.04 is repealed as of the Board Transition Date.

(Source: P.A. 83-885; 83-886.)

Section 99. Effective date. This Act takes effect upon becoming law.