Full Text of HB6229 93rd General Assembly
HB6229enr 93RD GENERAL ASSEMBLY
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| AN ACT in relation to transportation.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Local Mass Transit District Act is amended | 5 |
| by changing Section 4 as follows:
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| (70 ILCS 3610/4) (from Ch. 111 2/3, par. 354)
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| 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 | 24 |
| municipality or county shall determine the percentage of | 25 |
| service that the District provides to each municipality or | 26 |
| county. Each participating municipality and county shall | 27 |
| appoint trustees in proportion to the percentage of service | 28 |
| received from the District by that municipality or county. The | 29 |
| corporate authorities or the county board chairman, with the | 30 |
| consent of the county board, of each participating municipality | 31 |
| or county shall appoint one trustee to the Board for each 30% | 32 |
| or fraction thereof of service that the municipality or county |
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| receives from the District. If an even number of trustees are | 2 |
| appointed to the Board, the corporate authorities or the county | 3 |
| board chairman, with the consent of the county board, of the | 4 |
| municipality or county that receives the largest percentage of | 5 |
| service from the District shall appoint one additional trustee.
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| or the county board chairman with the consent
of the county | 7 |
| board of each participating
municipality or county shall | 8 |
| appoint one trustee to the Board for every
100,000 inhabitants, | 9 |
| or fraction thereof, of such municipality or
county. The first | 10 |
| Trustees appointed to the Board and any 2 additional
trustees, | 11 |
| initially appointed as a result of this amendatory Act of 1983
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| shall serve for terms of 4 years or less, the terms to be | 13 |
| staggered to the
extent possible so that they expire one year | 14 |
| apart and so that the terms
of not more than 2 trustees expire | 15 |
| in the same year, with the Trustees to
serve less than 4 years | 16 |
| to be selected by lot. Thereafter, their
successors shall serve | 17 |
| for 4 years. Vacancies shall be filled for the
unexpired term | 18 |
| in the same manner as the original appointment.
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| Except in a Metro East Mass Transit District, no Trustee of | 20 |
| any District
may be an elected official of the
municipality or | 21 |
| municipalities or county or counties creating the
District. A | 22 |
| Trustee shall hold office until his successor has been
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| appointed and has qualified. A certificate of the appointment | 24 |
| or
reappointment of any Trustee shall be filed with the clerk | 25 |
| or clerks and
such certificate shall be conclusive evidence of | 26 |
| the due and proper
appointment of such Trustee. A Trustee shall | 27 |
| receive, as compensation
for his services,
not more than $100 | 28 |
| for each day devoted to the
business of the Board but not more | 29 |
| than $400 per month. For the
purposes
of this Section, each | 30 |
| District may determine what constitutes a business
day. He | 31 |
| shall also be entitled to the necessary expenses, including
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| traveling expenses, incurred in the discharge of his duties. | 33 |
| The powers
of each District and the Board shall be vested in | 34 |
| the Trustees thereof in
office from
time to time. A majority | 35 |
| shall constitute a quorum of the Board for the
purpose of | 36 |
| conducting its business and exercising its powers and for all
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| other purposes. Action may be taken by the Board upon a vote of | 2 |
| the
majority of the Trustees present, unless in any case the | 3 |
| bylaws of the
Board shall require a larger number. The Board | 4 |
| shall select a chairman
and a vice-chairman from among the | 5 |
| Trustees.
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| No Trustee or employee of the Board shall acquire or have | 7 |
| any
interest direct or indirect in any contract or proposed | 8 |
| contract for
materials or services to be furnished or used in | 9 |
| connection with
operations of the District. For inefficiency or | 10 |
| neglect of duty or
misconduct in office, a Trustee may be | 11 |
| removed by the person or body
which made the original | 12 |
| appointment, but a Trustee shall be removed only
after he shall | 13 |
| have been given a copy of the charges against him at
least 10 | 14 |
| days prior to the hearing thereon and has had an opportunity to
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| be heard in person or by counsel. In the event of the removal | 16 |
| of any
Trustee, a record of the proceedings, together with the | 17 |
| charges and
findings thereon, shall be filed in the office of | 18 |
| the clerk or clerks of
the creating county or counties or | 19 |
| municipality or municipalities.
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| The Board shall employ a managing director of the District | 21 |
| and may
employ a secretary, treasurer, technical experts and | 22 |
| such other
officers, agents and employees, permanent and | 23 |
| temporary, as it may
require, and shall fix and determine their | 24 |
| qualifications, duties and
compensation and the amount of bond | 25 |
| to be furnished for such offices and
positions. For such legal | 26 |
| services as it may require, the Board may
call upon any chief | 27 |
| law officers of the municipality, municipalities, or
the county | 28 |
| or counties as the case may be, or may employ and fix the
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| compensation of its own counsel and legal staff. The Board may | 30 |
| delegate
to one or more of its agents or employees such powers | 31 |
| and duties as it
may deem proper. Notwithstanding the other | 32 |
| provisions of this paragraph,
employment of any person other | 33 |
| than a managing director or secretary by
any Metro East Mass | 34 |
| Transit District created by a single county shall require
the | 35 |
| authorization of the county board of such county.
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| Neither the District, the members of its Board nor its |
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| officers or
employees shall be held liable for failure
to | 2 |
| provide a security or police force or, if a security or police | 3 |
| force is
provided, for failure to provide adequate police | 4 |
| protection or security,
failure to prevent the commission of | 5 |
| crimes by fellow passengers or other
third persons or for the | 6 |
| failure to apprehend criminals.
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| (Source: P.A. 93-590, eff. 1-1-04.)
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| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law.
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