103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB0170

 

Introduced 1/31/2023, by Sen. Ram Villivalam

 

SYNOPSIS AS INTRODUCED:
 
70 ILCS 3605/31  from Ch. 111 2/3, par. 331
70 ILCS 3610/5  from Ch. 111 2/3, par. 355
70 ILCS 3615/3A.09  from Ch. 111 2/3, par. 703A.09
70 ILCS 3615/3B.09c new

    Amends the Metropolitan Transit Authority Act. Provides that the powers of the Chicago Transit Board include the power to pass ordinances or adopt rules and regulations concerning the suspension of riding privileges or confiscation of fare media. Amends the Local Mass Transit District Act and the Regional Transportation Authority Act. Provides that a local mass transit district's board and the Suburban Bus Board may adopt all ordinances and make all rules proper or necessary to regulate the use, operation, and maintenance of its property and facilities, and to carry into effect the powers granted to each board with any necessary fines or penalties, including ordinances, rules, or regulations concerning the suspension of riding privileges or confiscation of fare media, as each board deems proper. Includes similar provisions for the Chief of Police of the Metra Police Department.


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A BILL FOR

 

SB0170LRB103 24931 AWJ 51265 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Metropolitan Transit Authority Act is
5amended by changing Section 31 as follows:
 
6    (70 ILCS 3605/31)  (from Ch. 111 2/3, par. 331)
7    Sec. 31. The Board shall have power to pass all ordinances
8and make all rules and regulations proper or necessary to
9regulate the use, operation and maintenance of its property
10and facilities, and to carry into effect the powers granted to
11the Authority, with such fines or penalties, including
12ordinances, rules, and regulations concerning the suspension
13of riding privileges or confiscation of fare media, as may be
14deemed proper. No fine or penalty shall exceed $300.00, and no
15imprisonment shall exceed six (6) months for one offense. All
16fines and penalties shall be imposed by ordinances, which
17shall be published in a newspaper of general circulation
18published in the metropolitan area. No such ordinance shall
19take effect until ten days after its publication.
20(Source: P.A. 80-937.)
 
21    Section 10. The Local Mass Transit District Act is amended
22by changing Section 5 as follows:
 

 

 

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1    (70 ILCS 3610/5)  (from Ch. 111 2/3, par. 355)
2    Sec. 5. (a) The Board of Trustees of every District may
3establish or acquire any or all manner of mass transit
4facility. The Board may engage in the business of
5transportation of passengers on scheduled routes and by
6contract on nonscheduled routes within the territorial limits
7of the counties or municipalities creating the District, by
8whatever means it may decide. Its routes may be extended
9beyond such territorial limits with the consent of the
10governing bodies of the municipalities or counties into which
11such operation is extended.
12    (b) The Board of Trustees of every District may for the
13purposes of the District, acquire by gift, purchase, lease,
14legacy, condemnation, or otherwise and hold, use, improve,
15maintain, operate, own, manage or lease, as lessor or lessee,
16such cars, buses, equipment, buildings, structures, real and
17personal property, and interests therein, and services, lands
18for terminal and other related facilities, improvements and
19services, or any interest therein, including all or any part
20of the plant, land, buildings, equipment, vehicles, licenses,
21franchises, patents, property, service contracts and
22agreements of every kind and nature. Real property may be so
23acquired if it is situated within or partially within the area
24served by the District or if it is outside the area if it is
25desirable or necessary for the purposes of the District.

 

 

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1    (c) The Board of Trustees of every District which
2establishes, provides, or acquires mass transit facilities or
3services may contract with any person or corporation or public
4or private entity for the operation or provision thereof upon
5such terms and conditions as the District shall determine.
6    (d) The Board of Trustees of every District shall have the
7authority to contract for any and all purposes of the
8District, including with an interstate transportation
9authority, or with another local Mass Transit District or any
10other municipal, public, or private corporation entity in the
11transportation business including the authority to contract to
12lease its or otherwise provide land, buildings, and equipment,
13and other related facilities, improvements, and services, for
14the carriage of passengers beyond the territorial limits of
15the District or to subsidize transit operations by a public or
16private or municipal corporation operating entity providing
17mass transit facilities.
18    (e) The Board of Trustees of every District shall have the
19authority to establish, alter and discontinue transportation
20routes and services and any or all ancillary or supporting
21facilities and services, and to establish and amend rate
22schedules for the transportation of persons thereon or for the
23public or private use thereof which rate schedules shall,
24together with any grants, receipts or income from other
25sources, be sufficient to pay the expenses of the District,
26the repair, maintenance and the safe and adequate operation of

 

 

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1its mass transit facilities and public mass transportation
2system and to fulfill the terms of its debts, undertakings,
3and obligations.
4    (f) The Board of Trustees of every District shall have
5perpetual succession and shall have the following powers in
6addition to any others in this Act granted:
7        (1) to sue and be sued;
8        (2) to adopt and use a seal;
9        (3) to make and execute contracts loans, leases,
10    subleases, installment purchase agreements, contracts,
11    notes and other instruments evidencing financial
12    obligations, and other instruments necessary or convenient
13    in the exercise of its powers;
14        (4) to make, amend and repeal bylaws, rules and
15    regulations not inconsistent with this Act, including
16    rules and regulations proper or necessary to regulate the
17    use, operation, and maintenance of its properties and
18    facilities and to carry into effect the powers granted to
19    the Board of Trustees, with any necessary fines or
20    penalties, such as the suspension of riding privileges or
21    confiscation of fare media, as the Board deems proper;
22        (5) to sell, lease, sublease, license, transfer,
23    convey or otherwise dispose of any of its real or personal
24    property, or interests therein, in whole or in part, at
25    any time upon such terms and conditions as it may
26    determine, with public bidding if the value exceeds $1,000

 

 

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1    at negotiated, competitive, public, or private sale;
2        (6) to invest funds, not required for immediate
3    disbursement, in property, agreements, or securities legal
4    for investment of public funds controlled by savings banks
5    under applicable law;
6        (7) to mortgage, pledge, hypothecate or otherwise
7    encumber all or any part of its real or personal property
8    or other assets, or interests therein;
9        (8) to apply for, accept and use grants, loans or
10    other financial assistance from any private entity or
11    municipal, county, State or Federal governmental agency or
12    other public entity;
13        (9) to borrow money from the United States Government
14    or any agency thereof, or from any other public or private
15    source, for the purposes of the District and, as evidence
16    thereof, to issue its revenue bonds, payable solely from
17    the revenue derived from the operation of the District.
18    These bonds may be issued with maturities not exceeding 40
19    years from the date of the bonds, and in such amounts as
20    may be necessary to provide sufficient funds, together
21    with interest, for the purposes of the District. These
22    bonds shall bear interest at a rate of not more than the
23    maximum rate authorized by the Bond Authorization Act, as
24    amended at the time of the making of the contract of sale,
25    payable semi-annually, may be made registerable as to
26    principal, and may be made payable and callable as

 

 

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1    provided on any interest payment date at a price of par and
2    accrued interest under such terms and conditions as may be
3    fixed by the ordinance authorizing the issuance of the
4    bonds. Bonds issued under this Section are negotiable
5    instruments. They shall be executed by the chairman and
6    members of the Board of Trustees, attested by the
7    secretary, and shall be sealed with the corporate seal of
8    the District. In case any Trustee or officer whose
9    signature appears on the bonds or coupons ceases to hold
10    that office before the bonds are delivered, such officer's
11    signature, shall nevertheless be valid and sufficient for
12    all purposes, the same as though such officer had remained
13    in office until the bonds were delivered. The bonds shall
14    be sold in such manner and upon such terms as the Board of
15    Trustees shall determine, except that the selling price
16    shall be such that the interest cost to the District of the
17    proceeds of the bonds shall not exceed the maximum rate
18    authorized by the Bond Authorization Act, as amended at
19    the time of the making of the contract of sale, payable
20    semi-annually, computed to maturity according to the
21    standard table of bond values.
22        The ordinance shall fix the amount of revenue bonds
23    proposed to be issued, the maturity or maturities, the
24    interest rate, which shall not exceed the maximum rate
25    authorized by the Bond Authorization Act, as amended at
26    the time of the making of the contract of sale, and all the

 

 

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1    details in connection with the bonds. The ordinance may
2    contain such covenants and restrictions upon the issuance
3    of additional revenue bonds thereafter, which will share
4    equally in the revenue of the District, as may be deemed
5    necessary or advisable for the assurance of the payment of
6    the bonds first issued. Any District may also provide in
7    the ordinance authorizing the issuance of bonds under this
8    Section that the bonds, or such ones thereof as may be
9    specified, shall, to the extent and in the manner
10    prescribed, be subordinated and be junior in standing,
11    with respect to the payment of principal and interest and
12    the security thereof, to such other bonds as are
13    designated in the ordinance.
14        The ordinance shall pledge the revenue derived from
15    the operations of the District for the purpose of paying
16    the cost of operation and maintenance of the District,
17    and, as applicable, providing adequate depreciation funds,
18    and paying the principal of and interest on the bonds of
19    the District issued under this Section;
20        (10) subject to Section 5.1, to levy a tax on property
21    within the District at the rate of not to exceed .25% on
22    the assessed value of such property in the manner provided
23    in the Illinois Municipal Budget Law;
24        (11) to issue tax anticipation warrants;
25        (12) to contract with any school district in this
26    State to provide for the transportation of pupils to and

 

 

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1    from school within such district pursuant to the
2    provisions of Section 29-15 of the School Code;
3        (13) to provide for the insurance of any property,
4    directors, officers, employees or operations of the
5    District against any risk or hazard, and to self-insure or
6    participate in joint self-insurance pools or entities to
7    insure against such risk or hazard;
8        (14) to use its established funds, personnel, and
9    other resources to acquire, construct, operate, and
10    maintain bikeways and trails. Districts may cooperate with
11    other governmental and private agencies in bikeway and
12    trail programs; and
13        (15) to acquire, own, maintain, construct,
14    reconstruct, improve, repair, operate or lease any
15    light-rail public transportation system, terminal,
16    terminal facility, public airport, or bridge or toll
17    bridge across waters with any city, state, or both.
18    With respect to instruments for the payment of money
19issued under this Section either before, on, or after June 6,
201989 (the effective date of Public Act 86-4), it is and always
21has been the intention of the General Assembly (i) that the
22Omnibus Bond Acts are and always have been supplementary
23grants of power to issue instruments in accordance with the
24Omnibus Bond Acts, regardless of any provision of this Act
25that may appear to be or to have been more restrictive than
26those Acts, (ii) that the provisions of this Section are not a

 

 

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1limitation on the supplementary authority granted by the
2Omnibus Bond Acts, and (iii) that instruments issued under
3this Section within the supplementary authority granted by the
4Omnibus Bond Acts are not invalid because of any provision of
5this Act that may appear to be or to have been more restrictive
6than those Acts.
7    This Section shall be liberally construed to give effect
8to its purposes.
9(Source: P.A. 99-642, eff. 7-28-16.)
 
10    Section 15. The Regional Transportation Authority Act is
11amended by changing Section 3A.09 and by adding Section 3B.09c
12as follows:
 
13    (70 ILCS 3615/3A.09)  (from Ch. 111 2/3, par. 703A.09)
14    Sec. 3A.09. General powers. In addition to any powers
15elsewhere provided to the Suburban Bus Board, it shall have
16all of the powers specified in Section 2.20 of this Act except
17for the powers specified in Section 2.20(a)(v). The Board
18shall also have the power:
19        (a) to cooperate with the Regional Transportation
20    Authority in the exercise by the Regional Transportation
21    Authority of all the powers granted it by such Act;
22        (b) to receive funds from the Regional Transportation
23    Authority pursuant to Sections 2.02, 4.01, 4.02, 4.09 and
24    4.10 of the Regional Transportation Authority Act, all as

 

 

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1    provided in the Regional Transportation Authority Act;
2        (c) to receive financial grants from the Regional
3    Transportation Authority or a Service Board, as defined in
4    the Regional Transportation Authority Act, upon such terms
5    and conditions as shall be set forth in a grant contract
6    between either the Division and the Regional
7    Transportation Authority or the Division and another
8    Service Board, which contract or agreement may be for such
9    number of years or duration as the parties agree, all as
10    provided in the Regional Transportation Authority Act;
11        (d) to perform all functions necessary for the
12    provision of paratransit services under Section 2.30 of
13    this Act; and
14        (e) to borrow money for the purposes of: (i)
15    constructing a new garage in the northwestern Cook County
16    suburbs, (ii) converting the South Cook garage in Markham
17    to a Compressed Natural Gas facility, (iii) constructing a
18    new paratransit garage in DuPage County, (iv) expanding
19    the North Shore garage in Evanston to accommodate
20    additional indoor bus parking, and (v) purchasing new
21    transit buses. For the purpose of evidencing the
22    obligation of the Suburban Bus Board to repay any money
23    borrowed as provided in this subsection, the Suburban Bus
24    Board may issue revenue bonds from time to time pursuant
25    to ordinance adopted by the Suburban Bus Board, subject to
26    the approval of the Regional Transportation Authority of

 

 

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1    each such issuance by the affirmative vote of 12 of its
2    then Directors; provided that the Suburban Bus Board may
3    not issue bonds for the purpose of financing the
4    acquisition, construction, or improvement of any facility
5    other than those listed in this subsection (e). All such
6    bonds shall be payable solely from the revenues or income
7    or any other funds that the Suburban Bus Board may
8    receive, provided that the Suburban Bus Board may not
9    pledge as security for such bonds the moneys, if any, that
10    the Suburban Bus Board receives from the Regional
11    Transportation Authority pursuant to Section 4.03.3(f) of
12    the Regional Transportation Authority Act. The bonds shall
13    bear interest at a rate not to exceed the maximum rate
14    authorized by the Bond Authorization Act and shall mature
15    at such time or times not exceeding 25 years from their
16    respective dates. Bonds issued pursuant to this paragraph
17    must be issued with scheduled principal or mandatory
18    redemption payments in equal amounts in each fiscal year
19    over the term of the bonds, with the first principal or
20    mandatory redemption payment scheduled within the fiscal
21    year in which bonds are issued or within the next
22    succeeding fiscal year. At least 25%, based on total
23    principal amount, of all bonds authorized pursuant to this
24    Section shall be sold pursuant to notice of sale and
25    public bid. No more than 75%, based on total principal
26    amount, of all bonds authorized pursuant to this Section

 

 

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1    shall be sold by negotiated sale. The maximum principal
2    amount of the bonds that may be issued may not exceed
3    $100,000,000. The bonds shall have all the qualities of
4    negotiable instruments under the laws of this State. To
5    secure the payment of any or all of such bonds and for the
6    purpose of setting forth the covenants and undertakings of
7    the Suburban Bus Board in connection with the issuance
8    thereof and the issuance of any additional bonds payable
9    from such revenue or income as well as the use and
10    application of the revenue or income received by the
11    Suburban Bus Board, the Suburban Bus Board may execute and
12    deliver a trust agreement or agreements; provided that no
13    lien upon any physical property of the Suburban Bus Board
14    shall be created thereby. A remedy for any breach or
15    default of the terms of any such trust agreement by the
16    Suburban Bus Board may be by mandamus proceedings in any
17    court of competent jurisdiction to compel performance and
18    compliance therewith, but the trust agreement may
19    prescribe by whom or on whose behalf such action may be
20    instituted. Under no circumstances shall any bonds issued
21    by the Suburban Bus Board or any other obligation of the
22    Suburban Bus Board in connection with the issuance of such
23    bonds be or become an indebtedness or obligation of the
24    State of Illinois, the Regional Transportation Authority,
25    or any other political subdivision of or municipality
26    within the State, nor shall any such bonds or obligations

 

 

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1    be or become an indebtedness of the Suburban Bus Board
2    within the purview of any constitutional limitation or
3    provision, and it shall be plainly stated on the face of
4    each bond that it does not constitute such an indebtedness
5    or obligation but is payable solely from the revenues or
6    income as aforesaid; and .
7        (f) to adopt ordinances and make all rules and
8    regulations proper or necessary to regulate the use,
9    operation, and maintenance of its property and facilities
10    and to carry into effect the powers granted to the
11    Suburban Bus Board, with any necessary fines or penalties,
12    such as the suspension of riding privileges or
13    confiscation of fare media, as the Board deems proper.
14(Source: P.A. 99-665, eff. 7-29-16.)
 
15    (70 ILCS 3615/3B.09c new)
16    Sec. 3B.09c. Regulation of the use, operation, and
17maintenance of property. The Chief of Police of the Metra
18Police Department may make rules and regulations proper or
19necessary to regulate the use, operation, and maintenance of
20the property and facilities of the Commuter Rail Board and to
21carry into effect the powers granted to the Chief by the
22Commuter Rail Board, with any necessary fines or penalties,
23such as the suspension of riding privileges or confiscation of
24fare media, that the Chief deems proper.