Full Text of HB1134 95th General Assembly
HB1134ham001 95TH GENERAL ASSEMBLY
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Rep. Suzanne Bassi
Filed: 3/28/2007
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| AMENDMENT TO HOUSE BILL 1134
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| AMENDMENT NO. ______. Amend House Bill 1134 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Finance Authority Act is amended | 5 |
| by adding Section 825-14 as follows: | 6 |
| (20 ILCS 3501/825-14 new) | 7 |
| Sec. 825-14. Supervision of the Chicago Metropolitan | 8 |
| Agency for Planning
bond issuances. | 9 |
| (a) All bond issuances of the Chicago Metropolitan Agency | 10 |
| for Planning are
subject to supervision, management, control, | 11 |
| and approval of the Authority. | 12 |
| (b) All bonds issued by the Chicago Metropolitan Agency for | 13 |
| Planning under the
supervision of the Authority are subject to | 14 |
| the terms and conditions that are set
forth in the Regional | 15 |
| Planning Act. |
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| Section 10. The Illinois Pension Code is amended by | 2 |
| changing Sections 7-132 and 14-103.05 and by adding Sections | 3 |
| 7-139.12 and 14-104.13 as follows:
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| (40 ILCS 5/7-132)
(from Ch. 108 1/2, par. 7-132)
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| Sec. 7-132. Municipalities, instrumentalities and | 6 |
| participating
instrumentalities included and effective dates.
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| (A) Municipalities and their instrumentalities.
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| (a) The following described municipalities, but not | 9 |
| including any with
more than 1,000,000 inhabitants, and the | 10 |
| instrumentalities thereof,
shall be included within and be | 11 |
| subject to this Article beginning upon the
effective dates | 12 |
| specified by the Board:
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| (1) Except as to the municipalities and | 14 |
| instrumentalities thereof
specifically excluded under this | 15 |
| Article, every county shall be subject to
this Article, and | 16 |
| all cities, villages and incorporated towns having a
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| population in excess of 5,000 inhabitants as determined by | 18 |
| the last
preceding decennial or subsequent federal census, | 19 |
| shall be subject to this
Article following publication of | 20 |
| the census by the Bureau of the Census.
Within 90 days | 21 |
| after publication of the census, the Board shall notify
any | 22 |
| municipality that has become subject to this Article as a | 23 |
| result of
that census, and shall provide information to the | 24 |
| corporate authorities of
the municipality explaining the |
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| duties and consequences of participation.
The notification | 2 |
| shall also include a proposed date upon which
participation | 3 |
| by the municipality will commence.
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| However, for any city, village or incorporated town | 5 |
| that attains a
population over 5,000 inhabitants after | 6 |
| having provided social security
coverage for its employees | 7 |
| under the Social Security Enabling Act,
participation | 8 |
| under this Article shall not be mandatory but may be | 9 |
| elected
in accordance with subparagraph (3) or (4) of this | 10 |
| paragraph (a), whichever
is applicable.
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| (2) School districts, other than those specifically
| 12 |
| excluded under this Article, shall be subject to this | 13 |
| Article, without
election, with respect to all employees | 14 |
| thereof.
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| (3) Towns and all other bodies politic and corporate | 16 |
| which
are formed by vote of, or are subject to control by, | 17 |
| the electors in towns
and are located in towns which are | 18 |
| not participating municipalities on the
effective date of | 19 |
| this Act, may become subject to this Article by
election | 20 |
| pursuant to Section 7-132.1.
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| (4) Any other municipality (together with its | 22 |
| instrumentalities),
other than those specifically excluded | 23 |
| from participation and those
described in paragraph (3) | 24 |
| above, may elect to be included either by
referendum under | 25 |
| Section 7-134 or by the adoption of a resolution or
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| ordinance by its governing body. A copy of such resolution |
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| or ordinance
duly authenticated and certified by the clerk | 2 |
| of the municipality or other
appropriate official of its | 3 |
| governing body shall constitute the required
notice to the | 4 |
| board of such action.
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| (b) A municipality that is about to begin participation | 6 |
| shall submit to
the Board an application to participate, in a | 7 |
| form acceptable to the Board,
not later than 90 days prior to | 8 |
| the proposed effective date of
participation. The Board shall | 9 |
| act upon the application within 90 days,
and if it finds that | 10 |
| the application is in conformity with its requirements
and the | 11 |
| requirements of this Article, participation by the applicant | 12 |
| shall
commence on a date acceptable to the municipality and | 13 |
| specified by the
Board, but in no event more than one year from | 14 |
| the date of application.
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| (c) A participating municipality which succeeds to the | 16 |
| functions
of a participating municipality which is dissolved or | 17 |
| terminates its
existence shall assume and be transferred the | 18 |
| net accumulation balance
in the municipality reserve and the | 19 |
| municipality account receivable
balance of the terminated | 20 |
| municipality.
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| (d) In the case of a Veterans Assistance Commission whose | 22 |
| employees
were being treated by the Fund on January 1, 1990 as | 23 |
| employees of the
county served by the Commission, the Fund may | 24 |
| continue to treat the
employees of the Veterans Assistance | 25 |
| Commission as county employees for
the purposes of this | 26 |
| Article, unless the Commission becomes a participating
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| instrumentality in accordance with subsection (B) of this | 2 |
| Section.
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| (B) Participating instrumentalities.
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| (a) The participating instrumentalities designated in
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| paragraph (b) of this subsection shall be included within
and | 6 |
| be subject to this Article if:
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| (1) an application to participate, in a form acceptable | 8 |
| to
the Board and adopted by a two-thirds vote of the | 9 |
| governing body, is
presented to the Board not later than 90 | 10 |
| days prior to the proposed
effective date; and
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| (2) the Board finds that the application is in
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| conformity with its requirements, that the applicant has | 13 |
| reasonable
expectation to continue as a political entity | 14 |
| for a period of at least
10 years and has the prospective | 15 |
| financial capacity to meet its
current and future | 16 |
| obligations to the Fund, and that the actuarial
soundness | 17 |
| of the Fund may be reasonably expected to be unimpaired by
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| approval of participation by the applicant.
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| The Board shall notify the applicant of its findings within | 20 |
| 90 days
after receiving the application, and if the
Board | 21 |
| approves the application, participation by the applicant shall
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| commence on the effective date specified by the Board.
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| (b) The following participating instrumentalities, so long | 24 |
| as
they meet the requirements of Section 7-108 and the area | 25 |
| served by them
or within their jurisdiction is not located |
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| entirely within a municipality
having more than one million | 2 |
| inhabitants, may be included hereunder:
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| i. Township School District Trustees.
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| ii. Multiple County and Consolidated Health | 5 |
| Departments created
under Division 5-25 of the Counties | 6 |
| Code or its predecessor law.
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| iii. Public Building Commissions created under the | 8 |
| Public Building
Commission Act, and located in counties of | 9 |
| less
than 1,000,000 inhabitants.
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| iv. A multitype, consolidated or cooperative
library | 11 |
| system created under the Illinois Library System Act. Any
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| library system created under the Illinois Library System | 13 |
| Act that has one
or more predecessors that participated in | 14 |
| the Fund may participate in the
Fund upon application. The | 15 |
| Board shall establish procedures for
implementing the | 16 |
| transfer of rights and obligations from the predecessor
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| system to the successor system.
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| v. Regional Planning Commissions created under | 19 |
| Division 5-14 of the
Counties Code or its predecessor law.
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| vi. Local Public Housing Authorities created under the | 21 |
| Housing
Authorities Act, located in counties of less than | 22 |
| 1,000,000 inhabitants.
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| vii. Illinois Municipal League.
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| viii. Northeastern Illinois Metropolitan Area Planning | 25 |
| Commission.
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| ix. Southwestern Illinois Metropolitan Area Planning |
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| Commission.
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| x. Illinois Association of Park Districts.
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| xi. Illinois Supervisors, County Commissioners and | 4 |
| Superintendents
of Highways Association.
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| xii. Tri-City Regional Port District.
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| xiii. An association, or not-for-profit corporation, | 7 |
| membership in
which is authorized under Section 85-15 of | 8 |
| the Township Code.
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| xiv. Drainage Districts operating under the Illinois | 10 |
| Drainage
Code.
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| xv. Local mass transit districts created under the | 12 |
| Local Mass
Transit District Act.
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| xvi. Soil and water conservation districts created | 14 |
| under the Soil
and Water Conservation Districts Law.
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| xvii. Commissions created to provide water supply or | 16 |
| sewer services
or both under Division 135 or Division 136 | 17 |
| of Article 11 of the Illinois
Municipal Code.
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| xviii. Public water districts created under the Public | 19 |
| Water
District Act.
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| xix. Veterans Assistance Commissions established under | 21 |
| Section
9 of the Military Veterans Assistance Act that
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| serve counties with a population of less than 1,000,000.
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| xx. The governing body of an entity, other than a | 24 |
| vocational education
cooperative, created under an | 25 |
| intergovernmental cooperative agreement
established | 26 |
| between participating municipalities under the
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| Intergovernmental Cooperation Act, which by the terms of | 2 |
| the agreement is
the employer of the persons performing | 3 |
| services under the agreement under
the usual common law | 4 |
| rules determining the employer-employee relationship.
The | 5 |
| governing body of such an intergovernmental cooperative | 6 |
| entity
established prior to July 1, 1988 may make | 7 |
| participation retroactive to the
effective date of the | 8 |
| agreement and, if so, the effective date of
participation | 9 |
| shall be the date the required application is filed with | 10 |
| the
fund. If any such entity is unable to pay the required | 11 |
| employer
contributions to the fund, then the participating | 12 |
| municipalities shall make
payment of the required | 13 |
| contributions and the payments shall be allocated
as | 14 |
| provided in the agreement or, if not so provided, equally | 15 |
| among them.
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| xxi. The Illinois Municipal Electric Agency.
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| xxii. The Waukegan Port District.
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| xxiii. The Fox Waterway Agency created under the Fox | 19 |
| Waterway Agency
Act.
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| xxiv. The Illinois Municipal Gas Agency.
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| xxv. The Kaskaskia Regional Port District.
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| xxvi. The Southwestern Illinois Development Authority.
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| xxvii. The Cairo Public Utility Company.
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| xxviii. Except with respect to employees who elect to | 25 |
| participate in the State Employees' Retirement System of | 26 |
| Illinois under Section 14-104.13 of this Code, the Chicago |
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| Metropolitan Agency for Planning created under the | 2 |
| Regional Planning Act, provided that, with respect to the | 3 |
| benefits payable pursuant to Sections 7-146, 7-150, and | 4 |
| 7-164 and the requirement that eligibility for such | 5 |
| benefits is conditional upon satisfying a minimum period of | 6 |
| service or a minimum contribution, any employee of the | 7 |
| Chicago Metropolitan Agency for Planning that was | 8 |
| immediately prior to such employment an employee of the | 9 |
| Chicago Area Transportation Study or the Northeastern | 10 |
| Illinois Planning Commission, such employee's service at | 11 |
| the Chicago Area Transportation Study or the Northeastern | 12 |
| Illinois Planning Commission and contributions to the | 13 |
| State Employees' Retirement System of Illinois established | 14 |
| under Article 14 and the Illinois Municipal Retirement Fund | 15 |
| shall count towards the satisfaction of such requirements.
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| (c) The governing boards of special education joint | 17 |
| agreements
created under Section 10-22.31 of the School Code | 18 |
| without designation of an
administrative district shall be | 19 |
| included within and be subject to this
Article as participating | 20 |
| instrumentalities when the joint agreement becomes
effective. | 21 |
| However, the governing board of any such special education
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| joint agreement in effect before September 5, 1975 shall not be | 23 |
| subject to this
Article unless the joint agreement is modified | 24 |
| by the school districts to
provide that the governing board is | 25 |
| subject to this Article, except as
otherwise provided by this | 26 |
| Section.
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| The governing board of the Special Education District of | 2 |
| Lake County shall
become subject to this Article as a | 3 |
| participating instrumentality on July 1,
1997. Notwithstanding | 4 |
| subdivision (a)1 of Section 7-139, on the effective date
of | 5 |
| participation, employees of the governing board of the Special | 6 |
| Education
District of Lake County shall receive creditable | 7 |
| service for their prior
service with that employer, up to a | 8 |
| maximum of 5 years, without any employee
contribution. | 9 |
| Employees may establish creditable service for the remainder
of | 10 |
| their prior service with that employer, if any, by applying in | 11 |
| writing and
paying an employee contribution in an amount | 12 |
| determined by the Fund, based on
the employee contribution | 13 |
| rates in effect at the time of application for the
creditable | 14 |
| service and the employee's salary rate on the effective date of
| 15 |
| participation for that employer, plus interest at the effective | 16 |
| rate from the
date of the prior service to the date of payment. | 17 |
| Application for this
creditable service must be made before | 18 |
| July 1, 1998; the payment may be made
at any time while the | 19 |
| employee is still in service. The employer may elect to
make | 20 |
| the required contribution on behalf of the employee.
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| The governing board of a special education joint agreement | 22 |
| created
under Section 10-22.31 of the School Code for which an | 23 |
| administrative
district has been designated, if there are | 24 |
| employees of the cooperative
educational entity who are not | 25 |
| employees of the administrative district,
may elect to | 26 |
| participate in the Fund and be included within this Article as
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| a participating instrumentality, subject to such application | 2 |
| procedures and
rules as the Board may prescribe.
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| The Boards of Control of cooperative or joint educational | 4 |
| programs or
projects created and administered under Section | 5 |
| 3-15.14 of the School
Code, whether or not the Boards act as | 6 |
| their own administrative district,
shall be included within and | 7 |
| be subject to this Article as participating
instrumentalities | 8 |
| when the agreement establishing the cooperative or joint
| 9 |
| educational program or project becomes effective.
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| The governing board of a special education joint agreement | 11 |
| entered into
after June 30, 1984 and prior to September 17, | 12 |
| 1985 which provides for
representation on the governing board | 13 |
| by less than all the participating
districts shall be included | 14 |
| within and subject to this Article as a
participating | 15 |
| instrumentality. Such participation shall be effective as of
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| the date the joint agreement becomes effective.
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| The governing boards of educational service centers | 18 |
| established under
Section 2-3.62 of the School Code shall be | 19 |
| included within and subject to
this Article as participating | 20 |
| instrumentalities. The governing boards of
vocational | 21 |
| education cooperative agreements created under the
| 22 |
| Intergovernmental Cooperation Act and approved by the State | 23 |
| Board of
Education shall be included within and be subject to | 24 |
| this
Article as participating instrumentalities. If any such | 25 |
| governing boards
or boards of control are unable to pay the | 26 |
| required employer contributions
to the fund, then the school |
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| districts served by such boards shall make
payment of required | 2 |
| contributions as provided in Section 7-172. The
payments shall | 3 |
| be allocated among the several school districts in
proportion | 4 |
| to the number of students in average daily attendance for the
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| last full school year for each district in relation to the | 6 |
| total number of
students in average attendance for such period | 7 |
| for all districts served.
If such educational service centers, | 8 |
| vocational education cooperatives or
cooperative or joint | 9 |
| educational programs or projects created and
administered | 10 |
| under Section 3-15.14 of the School Code are dissolved, the
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| assets and obligations shall be distributed among the districts | 12 |
| in the
same proportions unless otherwise provided.
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| (d) The governing boards of special recreation joint | 14 |
| agreements
created under Section 8-10b of the Park District | 15 |
| Code, operating
without
designation of an administrative | 16 |
| district or an administrative
municipality appointed to | 17 |
| administer the program operating under the
authority of such | 18 |
| joint agreement shall be included within and be
subject to this | 19 |
| Article as participating instrumentalities when the
joint | 20 |
| agreement becomes effective. However, the governing board of | 21 |
| any
such special recreation joint agreement in effect before | 22 |
| January 1,
1980 shall not be subject to this Article unless the | 23 |
| joint agreement is
modified, by the districts and | 24 |
| municipalities which are parties to the
agreement, to provide | 25 |
| that the governing board is subject to this Article.
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| If the Board returns any employer and employee |
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| contributions to any
employer which erroneously submitted such | 2 |
| contributions on behalf of a
special recreation joint | 3 |
| agreement, the Board shall include interest
computed from the | 4 |
| end of each year to the date of payment, not compounded,
at the | 5 |
| rate of 7% per annum.
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| (e) Each multi-township assessment district, the board of
| 7 |
| trustees of which has adopted this Article by ordinance prior | 8 |
| to April 1,
1982, shall be a participating instrumentality | 9 |
| included within and subject
to this Article effective December | 10 |
| 1, 1981. The contributions required
under Section 7-172 shall | 11 |
| be included in the budget prepared under and
allocated in | 12 |
| accordance with Section 2-30 of the Property Tax Code.
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| (f) The Illinois Medical District Commission created under | 14 |
| the Illinois Medical District Act may be included within and | 15 |
| subject to
this Article as a participating instrumentality, | 16 |
| notwithstanding that the location of the District is entirely | 17 |
| within the City of Chicago. To become a participating | 18 |
| instrumentality, the Commission must apply to the Board in the | 19 |
| manner set forth in paragraph (a) of this subsection (B). If | 20 |
| the
Board approves the application, under the criteria and | 21 |
| procedures set forth in paragraph (a) and any other applicable | 22 |
| rules, criteria, and procedures of the Board, participation by | 23 |
| the Commission shall
commence on the effective date specified | 24 |
| by the Board.
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| (C) Prospective participants. |
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| Beginning January 1, 1992, each prospective participating
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| municipality or participating instrumentality shall pay to the | 3 |
| Fund the
cost, as determined by the Board, of a study prepared | 4 |
| by the Fund or its
actuary, detailing the prospective costs of | 5 |
| participation in the Fund to be
expected by the municipality or | 6 |
| instrumentality.
| 7 |
| (Source: P.A. 93-777, eff. 7-21-04; 94-1046, eff. 7-24-06.)
| 8 |
| (40 ILCS 5/7-139.12 new)
| 9 |
| Sec. 7-139.12. Transfer of creditable service to Article | 10 |
| 14. A person employed by the Chicago Metropolitan Agency for | 11 |
| Planning (formerly the Regional Planning Board) on the | 12 |
| effective date of this Section who was a member of the State | 13 |
| Employees' Retirement System of Illinois as an employee of the | 14 |
| Chicago Area Transportation Study may apply for transfer of his | 15 |
| or her creditable service as an employee of the Chicago | 16 |
| Metropolitan Agency for Planning upon payment of (1) the | 17 |
| amounts accumulated to the credit of the applicant for such | 18 |
| service on the books of the Fund on the date of transfer and | 19 |
| (2) the corresponding municipality credits, including | 20 |
| interest, on the books of the Fund on the date of transfer. | 21 |
| Participation in this Fund with respect to the transferred | 22 |
| credits shall terminate on the date of transfer.
| 23 |
| (40 ILCS 5/14-103.05) (from Ch. 108 1/2, par. 14-103.05)
| 24 |
| Sec. 14-103.05. Employee.
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| (a) Any person employed by a Department who receives salary
| 2 |
| for personal services rendered to the Department on a warrant
| 3 |
| issued pursuant to a payroll voucher certified by a Department | 4 |
| and drawn
by the State Comptroller upon the State Treasurer, | 5 |
| including an elected
official described in subparagraph (d) of | 6 |
| Section 14-104, shall become
an employee for purpose of | 7 |
| membership in the Retirement System on the
first day of such | 8 |
| employment.
| 9 |
| A person entering service on or after January 1, 1972 and | 10 |
| prior to January
1, 1984 shall become a member as a condition | 11 |
| of employment and shall begin
making contributions as of the | 12 |
| first day of employment.
| 13 |
| A person entering service on or after January 1, 1984 | 14 |
| shall, upon completion
of 6 months of continuous service which | 15 |
| is not interrupted by a break of more
than 2 months, become a | 16 |
| member as a condition of employment. Contributions
shall begin | 17 |
| the first of the month after completion of the qualifying | 18 |
| period.
| 19 |
| A person employed by the Chicago Metropolitan Agency for | 20 |
| Planning on the effective date of this amendatory Act of the | 21 |
| 95th General Assembly who was a member of this System as an | 22 |
| employee of the Chicago Area Transportation Study and makes an | 23 |
| election under Section 14-104.13 to participate in this System | 24 |
| for his or her employment with the Chicago Metropolitan Agency | 25 |
| for Planning.
| 26 |
| The qualifying period of 6 months of service is not |
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| applicable to: (1)
a person who has been granted credit for | 2 |
| service in a position covered by
the State Universities | 3 |
| Retirement System, the Teachers' Retirement System
of the State | 4 |
| of Illinois, the General Assembly Retirement System, or the
| 5 |
| Judges Retirement System of Illinois unless that service has | 6 |
| been forfeited
under the laws of those systems; (2) a person | 7 |
| entering service on or
after July 1, 1991 in a noncovered | 8 |
| position; or (3) a person to whom Section
14-108.2a or | 9 |
| 14-108.2b applies.
| 10 |
| (b) The term "employee" does not include the following:
| 11 |
| (1) members of the State Legislature, and persons | 12 |
| electing to become
members of the General Assembly | 13 |
| Retirement System pursuant to Section 2-105;
| 14 |
| (2) incumbents of offices normally filled by vote of | 15 |
| the people;
| 16 |
| (3) except as otherwise provided in this Section, any | 17 |
| person
appointed by the Governor with the advice and | 18 |
| consent
of the Senate unless that person elects to | 19 |
| participate in this system;
| 20 |
| (3.1) any person serving as a commissioner of an ethics | 21 |
| commission created under the State Officials and Employees | 22 |
| Ethics Act unless that person elects to participate in this | 23 |
| system with respect to that service as a commissioner;
| 24 |
| (3.2) any person serving as a part-time employee in any | 25 |
| of the following positions: Legislative Inspector General, | 26 |
| Special Legislative Inspector General, employee of the |
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| Office of the Legislative Inspector General, Executive | 2 |
| Director of the Legislative Ethics Commission, or staff of | 3 |
| the Legislative Ethics Commission, regardless of whether | 4 |
| he or she is in active service on or after July 8, 2004 | 5 |
| (the effective date of Public Act 93-685), unless that | 6 |
| person elects to participate in this System with respect to | 7 |
| that service; in this item (3.2), a "part-time employee" is | 8 |
| a person who is not required to work at least 35 hours per | 9 |
| week; | 10 |
| (3.3) any person who has made an election under Section | 11 |
| 1-123 and who is serving either as legal counsel in the | 12 |
| Office of the Governor or as Chief Deputy Attorney General;
| 13 |
| (4) except as provided in Section 14-108.2 or | 14 |
| 14-108.2c, any person
who is covered or eligible to be | 15 |
| covered by the Teachers' Retirement System of
the State of | 16 |
| Illinois, the State Universities Retirement System, or the | 17 |
| Judges
Retirement System of Illinois;
| 18 |
| (5) an employee of a municipality or any other | 19 |
| political subdivision
of the State;
| 20 |
| (6) any person who becomes an employee after June 30, | 21 |
| 1979 as a
public service employment program participant | 22 |
| under the Federal
Comprehensive Employment and Training | 23 |
| Act and whose wages or fringe
benefits are paid in whole or | 24 |
| in part by funds provided under such Act;
| 25 |
| (7) enrollees of the Illinois Young Adult Conservation | 26 |
| Corps program,
administered by the Department of Natural |
|
|
|
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| Resources, authorized grantee
pursuant to Title VIII of the | 2 |
| "Comprehensive Employment and Training Act of
1973", 29 USC | 3 |
| 993, as now or hereafter amended;
| 4 |
| (8) enrollees and temporary staff of programs | 5 |
| administered by the
Department of Natural Resources under | 6 |
| the Youth
Conservation Corps Act of 1970;
| 7 |
| (9) any person who is a member of any professional | 8 |
| licensing or
disciplinary board created under an Act | 9 |
| administered by the Department of
Professional Regulation | 10 |
| or a successor agency or created or re-created
after the | 11 |
| effective date of this amendatory Act of 1997, and who | 12 |
| receives
per diem compensation rather than a salary, | 13 |
| notwithstanding that such per diem
compensation is paid by | 14 |
| warrant issued pursuant to a payroll voucher; such
persons | 15 |
| have never been included in the membership of this System, | 16 |
| and this
amendatory Act of 1987 (P.A. 84-1472) is not | 17 |
| intended to effect any change in
the status of such | 18 |
| persons;
| 19 |
| (10) any person who is a member of the Illinois Health | 20 |
| Care Cost
Containment Council, and receives per diem | 21 |
| compensation rather than a
salary, notwithstanding that | 22 |
| such per diem compensation is paid by warrant
issued | 23 |
| pursuant to a payroll voucher; such persons have never been | 24 |
| included
in the membership of this System, and this | 25 |
| amendatory Act of 1987 is not
intended to effect any change | 26 |
| in the status of such persons;
|
|
|
|
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| 1 |
| (11) any person who is a member of the Oil and Gas | 2 |
| Board created by
Section 1.2 of the Illinois Oil and Gas | 3 |
| Act, and receives per diem
compensation rather than a | 4 |
| salary, notwithstanding that such per diem
compensation is | 5 |
| paid by warrant issued pursuant to a payroll voucher; or
| 6 |
| (12) a person employed by the State Board of Higher | 7 |
| Education in a position with the Illinois Century Network | 8 |
| as of June 30, 2004, who remains continuously employed | 9 |
| after that date by the Department of Central Management | 10 |
| Services in a position with the Illinois Century Network | 11 |
| and participates in the Article 15 system with respect to | 12 |
| that employment.
| 13 |
| (Source: P.A. 92-14, eff. 6-28-01; 93-685, eff. 7-8-04; 93-839, | 14 |
| eff. 7-30-04; 93-1069, eff. 1-15-05.)
| 15 |
| (40 ILCS 5/14-104.13 new) | 16 |
| Sec. 14-104.13. Chicago Metropolitan Agency for Planning; | 17 |
| employee election.
| 18 |
| (a) Within one year after the effective date of this | 19 |
| Section, a person employed by the Chicago Metropolitan Agency | 20 |
| for Planning (formerly the Regional Planning Board) on the | 21 |
| effective date of this Section who was a member of this System | 22 |
| as an employee of the Chicago Area Transportation Study may | 23 |
| elect to participate in this System for his or her employment | 24 |
| with the Chicago Metropolitan Agency for Planning.
| 25 |
| (b) An employee who elects to participate in the System |
|
|
|
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| 1 |
| pursuant to subsection (a) may elect to transfer any creditable | 2 |
| service earned by the employee under the Illinois Municipal | 3 |
| Retirement Fund for his or her employment with the Chicago | 4 |
| Metropolitan Agency for Planning (formerly the Regional | 5 |
| Planning Board) upon payment to this System of the amount by | 6 |
| which (1) the employer and employee contributions that would | 7 |
| have been required if the employee had participated in this | 8 |
| System during the period for which the credit under Section | 9 |
| 7-139.12 is being transferred, plus interest thereon from the | 10 |
| date of such participation to the date of payment, exceeds (2) | 11 |
| the amounts actually transferred under Section 7-139.12 to this | 12 |
| System. | 13 |
| Section 15. The Regional Planning Act is amended by | 14 |
| changing Sections 5, 10, 15, 20, 25, 45, 55, 60, and 65 and by | 15 |
| adding Sections 44, 47, 48, 51, 52, 55, 61, 62, 63, and 65 as | 16 |
| follows: | 17 |
| (70 ILCS 1707/5)
| 18 |
| Sec. 5. Purpose. The General Assembly declares and | 19 |
| determines that a streamlined, consolidated regional planning | 20 |
| agency is necessary in order to plan for the most effective | 21 |
| public and private investments in the northeastern Illinois | 22 |
| region and to better integrate plans for land use and | 23 |
| transportation. The purpose of this Act is to define and | 24 |
| describe the powers and responsibilities of the Chicago |
|
|
|
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| 1 |
| Metropolitan Agency for Planning, a unit of government whose | 2 |
| purpose it is to effectively address the development and | 3 |
| transportation challenges in the northeastern Illinois region.
| 4 |
| It is the intent of the General Assembly to consolidate, | 5 |
| through an orderly transition, the functions of the | 6 |
| Northeastern Illinois Planning Commission (NIPC) and the | 7 |
| Chicago Area Transportation Study (CATS) in order to address | 8 |
| the development and transportation challenges in the | 9 |
| northeastern Illinois region.
| 10 |
| (Source: P.A. 94-510, eff. 8-9-05.) | 11 |
| (70 ILCS 1707/10)
| 12 |
| Sec. 10. Definitions. | 13 |
| "Board" means the Regional Planning Board of the Chicago | 14 |
| Metropolitan Agency for Planning .
| 15 |
| "CMAP" means the Chicago Metropolitan Agency for Planning.
| 16 |
| "CATS" means the Chicago Area Transportation Study.
| 17 |
| "CATS Policy Committee" means the policy board of the | 18 |
| Chicago Area Transportation Study.
| 19 |
| "Chief elected county official" means the Board Chairman in | 20 |
| DuPage, Kane, Kendall, Lake, and McHenry Counties and the | 21 |
| County Executive in Will County. | 22 |
| "Fiscal year" means the fiscal year of the State.
| 23 |
| "IDOT" means the Illinois Department of Transportation.
| 24 |
| "MPO" means the metropolitan planning organization | 25 |
| designated under 23 U.S.C. 134.
|
|
|
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| "Members" means the members of the Regional Planning Board.
| 2 |
| "NIPC" means the Northeastern Illinois Planning | 3 |
| Commission.
| 4 |
| "Person" means an individual, partnership, firm, public or | 5 |
| private corporation, State agency, transportation agency, or | 6 |
| unit of local government.
| 7 |
| "Region" or "northeastern Illinois region" means Cook, | 8 |
| DuPage, Kane, Kendall, Lake, McHenry, and Will Counties.
| 9 |
| "State agency" means "agency" as defined in Section 1-20 of | 10 |
| the Illinois Administrative Procedure Act.
| 11 |
| "Transition period" means the period of time the Regional | 12 |
| Planning Board takes to fully implement the funding and | 13 |
| implementation strategy described under subsection (a) of | 14 |
| Section 15. | 15 |
| "Transportation agency" means the Regional Transportation | 16 |
| Authority and its Service Boards; the Illinois Toll Highway | 17 |
| Authority; the Illinois Department of Transportation; and the | 18 |
| transportation functions of units of local government.
| 19 |
| "Unit of local government" means a unit of local | 20 |
| government, as defined in Section 1 of Article VII of the | 21 |
| Illinois Constitution, that is located within the jurisdiction | 22 |
| and area of operation of the Board.
| 23 |
| "USDOT" means the United States Department of | 24 |
| Transportation.
| 25 |
| (Source: P.A. 94-510, eff. 8-9-05.) |
|
|
|
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| 1 |
| (70 ILCS 1707/15)
| 2 |
| Sec. 15. Chicago Metropolitan Agency for Planning; | 3 |
| structure
Regional Planning Board; powers . | 4 |
| (a) The Chicago Metropolitan Agency for Planning
Regional | 5 |
| Planning Board is established as a political subdivision, body | 6 |
| politic, and municipal corporation. The Board shall be | 7 |
| responsible for developing and adopting a funding and | 8 |
| implementation strategy for an integrated land use and | 9 |
| transportation planning process for the northeastern Illinois | 10 |
| region. The strategy shall include a process for the orderly | 11 |
| transition of the CATS Policy Committee to be a standing | 12 |
| transportation planning body of the Board and NIPC to be a | 13 |
| standing comprehensive planning body of the Board. The CATS | 14 |
| Policy Committee and NIPC shall continue to exist and perform | 15 |
| their duties throughout the transition period. The strategy | 16 |
| must also include recommendations for legislation for | 17 |
| transition, which must contain a complete description of | 18 |
| recommended comprehensive planning functions of the Board and | 19 |
| an associated funding strategy and recommendations related to | 20 |
| consolidating the functions of the Board, the CATS Policy | 21 |
| Committee, and NIPC. The Board shall submit its strategy to the | 22 |
| General Assembly no later than September 1, 2006.
| 23 |
| (b) (Blank.)
The Regional Planning Board shall, in addition | 24 |
| to those powers enumerated elsewhere in this Act: | 25 |
| (1) Provide a policy framework under which all regional | 26 |
| plans are developed. |
|
|
|
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| (2) Coordinate regional transportation and land use | 2 |
| planning. | 3 |
| (3) Identify and promote regional priorities. | 4 |
| (4) Serve as a single point of contact and direct all | 5 |
| public involvement activities. | 6 |
| (5) Create a Citizens' Advisory Committee. | 7 |
| (c) The Board shall consist of 15 voting members as | 8 |
| follows: | 9 |
| (1) One member from DuPage County appointed | 10 |
| cooperatively by the mayors of DuPage County and the chief | 11 |
| elected county official of DuPage County. | 12 |
| (2) One member representing both Kane and Kendall | 13 |
| Counties appointed cooperatively by the mayors of Kane | 14 |
| County and Kendall County and the chief elected county | 15 |
| officials of Kane County and Kendall County. | 16 |
| (3) One member from Lake County appointed | 17 |
| cooperatively by the mayors of Lake County and the chief | 18 |
| elected county official of Lake County. | 19 |
| (4) One member from McHenry County appointed | 20 |
| cooperatively by the mayors of McHenry County and the chief | 21 |
| elected county official of McHenry County. | 22 |
| (5) One member from Will County appointed | 23 |
| cooperatively by the mayors of Will County and the chief | 24 |
| elected county official of Will County. | 25 |
| (6) Five members from the City of Chicago appointed by | 26 |
| the Mayor of the City of Chicago. |
|
|
|
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| (7) One member from that portion of Cook County outside | 2 |
| of the City of Chicago appointed by the President of the | 3 |
| Cook County Board of Commissioners. | 4 |
| (8) Four members from that portion of Cook County | 5 |
| outside of the City of Chicago appointed, with the consent | 6 |
| of the President of the Cook County Board of Commissioners, | 7 |
| as follows: | 8 |
| (i) One by the mayors representing those | 9 |
| communities in Cook County that are outside of the City | 10 |
| of Chicago and north of Devon Avenue. | 11 |
| (ii) One by the mayors representing those | 12 |
| communities in Cook County that are outside of the City | 13 |
| of Chicago, south of Devon Avenue, and north of | 14 |
| Interstate 55, and in addition the Village of Summit. | 15 |
| (iii) One by the mayors representing those | 16 |
| communities in Cook County that are outside of the City | 17 |
| of Chicago, south of Interstate 55, and west of | 18 |
| Interstate 57, excluding the communities of Summit, | 19 |
| Dixmoor, Posen, Robbins, Midlothian, Oak Forest, and | 20 |
| Tinley Park. | 21 |
| (iv) One by the mayors representing those | 22 |
| communities in Cook County that are outside of the City | 23 |
| of Chicago and east of Interstate 57, and, in addition, | 24 |
| the communities of Dixmoor, Posen, Robbins, | 25 |
| Midlothian, Oak Forest, and Tinley Park. | 26 |
| The terms of the members initially appointed to the Board shall |
|
|
|
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| 1 |
| begin within 60 days after this Act takes effect. | 2 |
| (d) The CMAP Board may
CATS Policy Committee and NIPC shall | 3 |
| each appoint one of their members to serve as a non-voting | 4 |
| members
member of the Regional Planning Board. | 5 |
| (e) Concurrence of four-fifths of the Board members in | 6 |
| office is necessary for the Board to approve and amend
take any | 7 |
| action, including remanding regional plans and programs, adopt | 8 |
| a budget, and hire an executive director.
with comments to the | 9 |
| CATS Policy Committee and NIPC.
| 10 |
| (Source: P.A. 94-510, eff. 8-9-05.) | 11 |
| (70 ILCS 1707/20)
| 12 |
| Sec. 20. Duties. In addition to those duties enumerated | 13 |
| elsewhere in this Act, the Regional Planning Board shall: | 14 |
| (a)
(1) Hire an executive director to act as the chief | 15 |
| administrative officer and to direct and coordinate all | 16 |
| staff work. | 17 |
| (b) Provide a policy framework under which all regional | 18 |
| plans are developed. | 19 |
| (c) Coordinate regional transportation and land use | 20 |
| planning. | 21 |
| (d) Identify and promote regional priorities.
to | 22 |
| coordinate staff work of CATS and NIPC. The executive | 23 |
| director shall hire a deputy for comprehensive planning and | 24 |
| a deputy for transportation planning with the approval of | 25 |
| NIPC and the CATS Policy Committee, respectively.
|
|
|
|
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| 1 |
| (2) Merge the staffs of CATS and NIPC into a single | 2 |
| staff over a transition period that protects current | 3 |
| employees' benefits. | 4 |
| (3) Secure agreements with funding agencies to provide | 5 |
| support for Board operations. | 6 |
| (4) Develop methods to handle operational and | 7 |
| administrative matters relating to the transition, | 8 |
| including labor and employment matters, pension benefits, | 9 |
| equipment and technology, leases and contracts, office | 10 |
| space, and excess property. | 11 |
| (5) Notwithstanding any other provision of law to the | 12 |
| contrary, within 180 days after this Act becomes law, | 13 |
| locate the staffs of CATS and NIPC within the same office.
| 14 |
| (Source: P.A. 94-510, eff. 8-9-05.) | 15 |
| (70 ILCS 1707/25)
| 16 |
| Sec. 25. Operations. | 17 |
| (a) Each appointing authority shall give notice of its | 18 |
| Board appointments to each other appointing authority, to the | 19 |
| Board, and to the Secretary of State. Within 30 days after his | 20 |
| or her appointment and before entering upon the duties of the | 21 |
| office, each Board member shall take and subscribe to the | 22 |
| constitutional oath of office and file it with the Secretary of | 23 |
| State. Board members shall hold office for a term of 4 years or | 24 |
| until successors are appointed and qualified. The terms of the | 25 |
| initial Board members shall expire as follows: |
|
|
|
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| (1) The terms of the member from DuPage County and the | 2 |
| member representing both Kane and Kendall Counties shall | 3 |
| expire on July 1, 2007. | 4 |
| (2) The terms of those members from Lake, McHenry, and | 5 |
| Will Counties shall expire on July 1, 2009. | 6 |
| (3) As designated at the time of appointment, the terms | 7 |
| of 2 members from the City of Chicago shall expire on July | 8 |
| 1, 2007 and the terms of 3 members from the City of Chicago | 9 |
| shall expire on July 1, 2009. | 10 |
| (4) The term of the member appointed by the President | 11 |
| of the Cook County Board of Commissioners shall expire on | 12 |
| July 1, 2007. | 13 |
| (5) The terms of those members appointed, with the | 14 |
| consent of the President of the Cook County Board of | 15 |
| Commissioners, by the mayors representing those | 16 |
| communities in Cook County that are outside of the City of | 17 |
| Chicago and north of Devon Avenue shall expire on July 1, | 18 |
| 2007. | 19 |
| (6) The terms of those members appointed, with the | 20 |
| consent of the President of the Cook County Board of | 21 |
| Commissioners, by the mayors representing those | 22 |
| communities in Cook County that are outside of the City of | 23 |
| Chicago, south of Interstate 55, and west of Interstate 57, | 24 |
| excluding the communities of Summit, Dixmoor, Posen, | 25 |
| Robbins, Midlothian, Oak Forest, and Tinley Park, shall | 26 |
| expire on July 1, 2007. |
|
|
|
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| 1 |
| (7) The terms of those members appointed, with the | 2 |
| consent of the President of the Cook County Board of | 3 |
| Commissioners, by the mayor representing those communities | 4 |
| in Cook County that are outside of the City of Chicago, | 5 |
| south of Devon Avenue, and north of Interstate 55, and, in | 6 |
| addition, the Village of Summit, shall expire on July 1, | 7 |
| 2009. | 8 |
| (8) The terms of those members appointed, with the | 9 |
| consent of the President of the Cook County Board of | 10 |
| Commissioners, by the mayors representing those | 11 |
| communities in Cook County that are outside of the City of | 12 |
| Chicago and east of Interstate 57, and, in addition, the | 13 |
| communities of Dixmoor, Posen, Robbins, Midlothian, Oak | 14 |
| Forest, and Tinley Park, shall expire on July 1, 2009. | 15 |
| (b) If a vacancy occurs, the appropriate appointing | 16 |
| authority shall fill the vacancy by an appointment for the | 17 |
| unexpired term. Board members shall receive no compensation, | 18 |
| but shall be reimbursed for expenses incurred in the | 19 |
| performance of their duties. | 20 |
| (c) The Board shall be so appointed as to represent the | 21 |
| City of Chicago, that part of Cook County outside the City of | 22 |
| Chicago, and that part of the metropolitan region outside of | 23 |
| Cook County on a one man one vote basis. Within 6 months after | 24 |
| the release of each certified federal decennial census, the | 25 |
| Board shall review its composition and, if a change is | 26 |
| necessary in order to comply with the representation |
|
|
|
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| 1 |
| requirements of this subsection (c), shall recommend the | 2 |
| necessary revision for approval by the General Assembly. | 3 |
| (d) Regular meetings of the Board shall be held at least | 4 |
| once in each calendar quarter. The time and place of Board | 5 |
| meetings shall be fixed by resolution of the Board. Special | 6 |
| meetings of the Board may be called by the chairman or a | 7 |
| majority of the Board members. A written notice of the time and | 8 |
| place of any special meeting shall be provided to all Board | 9 |
| members at least 3 days prior to the date fixed for the | 10 |
| meeting, except that if the time and place of a special meeting | 11 |
| is fixed at a regular meeting at which all Board members are | 12 |
| present, no such written notice is required.
A majority of the | 13 |
| Board members in office constitutes a quorum for the purpose of | 14 |
| convening a meeting of the Board.
| 15 |
| (e) The meetings of the Board shall be held in compliance | 16 |
| with the Open Meetings Act. The Board shall maintain records in | 17 |
| accordance with the provisions of the State Records Act. | 18 |
| (f) At its initial meeting and its first regular meeting | 19 |
| after July 1 of each year thereafter, the Board shall appoint
| 20 |
| from its membership shall appoint a chairman and may appoint
| 21 |
| vice chairmen
chairman and shall provide the term and duties of | 22 |
| those officers pursuant to its bylaws. The vice chairman shall | 23 |
| act as chairman during the absence or disability of the | 24 |
| chairman and in case of resignation or death of the chairman.
| 25 |
| Before entering upon duties of office, the chairman shall | 26 |
| execute a bond with corporate sureties to be approved by the |
|
|
|
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| Board and shall file it with the principal office of the Board. | 2 |
| The bond shall be payable to the Board in whatever penal sum | 3 |
| may be directed and shall be conditioned upon the faithful | 4 |
| performance of the duties of office and the payment of all | 5 |
| money received by the chairman according to law and the orders | 6 |
| of the Board.
The Board may appoint, from time to time, an | 7 |
| executive committee and standing and ad hoc committees to | 8 |
| assist in carrying out its responsibilities.
| 9 |
| (Source: P.A. 94-510, eff. 8-9-05.) | 10 |
| (70 ILCS 1707/44 new) | 11 |
| Sec. 44. Regional Data and Information Program. CMAP shall | 12 |
| be the
authoritative source for regional data collection, | 13 |
| exchange, dissemination,
analysis, evaluation, forecasting and | 14 |
| modeling. With the involvement of state,
regional, and local | 15 |
| governments and agencies, CMAP shall create and maintain
a | 16 |
| timely, ongoing, and coordinated data and information sharing | 17 |
| program that will
provide the best available data on the | 18 |
| region. This program shall include a
publicly accessible | 19 |
| mechanism for data access and distribution. CMAP's official
| 20 |
| forecasts shall be the foundation for all planning in the | 21 |
| region. | 22 |
| (70 ILCS 1707/45)
| 23 |
| Sec. 45. Regional comprehensive plan. At intervals not to | 24 |
| exceed every 5 years, or as needed to be consistent with |
|
|
|
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| 1 |
| federal law, the Board shall develop a regional comprehensive | 2 |
| plan that integrates land use and transportation. The regional | 3 |
| comprehensive plan and any modifications to it shall be | 4 |
| developed cooperatively by the Board , the CATS Policy | 5 |
| Committee, and NIPC with the involvement of citizens, units of | 6 |
| local government, business and labor organizations, | 7 |
| environmental organizations, transportation and planning | 8 |
| agencies, State agencies, private and civic organizations, | 9 |
| public and private providers of transportation, and land | 10 |
| preservation agencies. Units of local government shall | 11 |
| continue to maintain control over land use and zoning | 12 |
| decisions.
| 13 |
| Scope of Regional Comprehensive Plan. The Regional | 14 |
| Comprehensive Plan shall present the goals, policies, | 15 |
| guidelines, and recommendations to guide the physical | 16 |
| development of the Region. It shall include, but shall not be | 17 |
| limited to: | 18 |
| (a) Official forecasts for overall growth and change and an | 19 |
| evaluation of alternative scenarios for the future of the | 20 |
| Region including alternatives for public and private | 21 |
| investments in housing, economic development, preservation of | 22 |
| natural resources, transportation, water supply, flood | 23 |
| control, sewers, and other physical infrastructure. It shall | 24 |
| present a preferred plan that makes optimum use of public and | 25 |
| private resources to achieve the goals of the Plan. | 26 |
| (b) Land use and transportation policies that reflect the |
|
|
|
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| relationship of transportation to land use, economic | 2 |
| development, the environment, air quality, and energy | 3 |
| consumption; foster the efficient movement of people and goods; | 4 |
| coordinate modes of transportation; coordinate planning among | 5 |
| federal agencies, state agencies, transportation agencies, and | 6 |
| local governments; and address the safety and equity of | 7 |
| transportation services across the Region. | 8 |
| (c) A plan for a coordinated and integrated transportation | 9 |
| system for the region consisting of a multimodal network of | 10 |
| facilities and services to be developed over a 20-year period | 11 |
| to support efficient movement of people and goods. The | 12 |
| transportation system plan shall include statements of minimum | 13 |
| levels of service that describe the performance for each mode | 14 |
| in order to meet the goals and policies of the Plan. | 15 |
| (d) A listing of proposed public investment priorities in | 16 |
| transportation and other public facilities and utilities of | 17 |
| regional significance. The list shall include a project | 18 |
| description, an identification of the responsible agency, the | 19 |
| timeframe that the facility or utility is proposed for | 20 |
| construction or installation, an estimate of costs, and sources | 21 |
| of public and private revenue for covering such costs. | 22 |
| (e) The criteria and procedures for evaluating and ranking | 23 |
| projects in the Plan and for the allocation of transportation | 24 |
| funds. | 25 |
| (f) Measures to best coordinate programs of local | 26 |
| governments, transportation agencies, and State agencies to |
|
|
|
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| 1 |
| promote the goals and policies of the Regional Comprehensive | 2 |
| Plan. | 3 |
| (g) Proposals for model ordinances and agreements that may | 4 |
| be enacted by local governments. | 5 |
| (h) Recommendations for legislation as may be necessary to | 6 |
| fully implement the Regional Comprehensive Plan. | 7 |
| (i) Developing components for regional functional issues | 8 |
| including: | 9 |
| (1) A regional housing component that documents the | 10 |
| needs for housing in the region and the extent to which | 11 |
| private-sector and public-sector programs are meeting | 12 |
| those needs; provides the framework for and facilitates | 13 |
| planning for the housing needs of the region, including the | 14 |
| need for affordable housing, especially as it relates to | 15 |
| the location of such housing proximate to job sites, and | 16 |
| develops sound strategies, programs and other actions to | 17 |
| address the need for housing choice throughout the region. | 18 |
| (2) A regional freight component, the purpose of which | 19 |
| is to create an efficient system of moving goods that | 20 |
| supports economic growth of the region and sound regional | 21 |
| and community development by identifying investments in | 22 |
| freight facilities of regional, State, and national | 23 |
| significance that will be needed to eliminate existing and | 24 |
| forecasted bottlenecks and inefficiencies in the | 25 |
| functioning of the region's freight network; recommending | 26 |
| improvements in the operation and management of the freight |
|
|
|
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|
| 1 |
| network; and recommending policies to effect the efficient | 2 |
| multi-modal movement of goods to, through, and from the | 3 |
| region. | 4 |
| (3) A component for protecting and enhancing the | 5 |
| environment and the region's natural resources the purpose | 6 |
| of which is to improve the region's environmental health, | 7 |
| quality of life, and community well-being by defining and | 8 |
| protecting environmentally critical areas; encouraging | 9 |
| development that does not harm environmentally critical | 10 |
| areas; promoting sustainable land use and transportation | 11 |
| practices and policies by local governments. | 12 |
| (4)
Optionally, other regional components for services | 13 |
| and facilities, including, but not limited to: water, | 14 |
| sewer, transportation, solid waste, historic preservation, | 15 |
| and flood control. Such plans shall provide additional | 16 |
| goals, policies, guidelines, and supporting analyses that | 17 |
| add detail, and are consistent with, the adopted Regional | 18 |
| Comprehensive Plan.
| 19 |
| (Source: P.A. 94-510, eff. 8-9-05.) | 20 |
| (70 ILCS 1707/47 new) | 21 |
| Sec. 47. Developments of Regional Importance. The Board | 22 |
| shall consider the regional and intergovernmental impacts of
| 23 |
| proposed major developments, infrastructure investments and | 24 |
| major policies and
actions by public and private entities on | 25 |
| natural resources, neighboring
communities, and residents.
The |
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| Board shall: | 2 |
| (a) Define the Scope of Developments of Regional Importance | 3 |
| (DRI) and create an efficient
process for reviewing them. | 4 |
| (b) Require any DRI project sponsor, which can be either a | 5 |
| public or private entity,
to submit information about the | 6 |
| proposed DRI to CMAP and neighboring
communities, counties, and | 7 |
| regional planning and transportation agencies for
review. | 8 |
| (c) Review and comment on a proposed DRI regarding | 9 |
| consistency with regional
plans and intergovernmental and | 10 |
| regional impacts. | 11 |
| The Board shall review applications to change the | 12 |
| boundaries of a waste water
facility planning area as an | 13 |
| amendment to the State of Illinois Water Quality
Management | 14 |
| Plan required under the federal Clean Water Act when that | 15 |
| review
is required under that Act and is requested by the | 16 |
| appropriate designated
management agency under the | 17 |
| Environmental Protection Act or the federal
Clean Water Act. | 18 |
| Such review shall be consistent with the review process for
| 19 |
| DRIs and evaluate the regional impact of proposed boundary | 20 |
| changes. | 21 |
| The Board shall complete a review under this Section within | 22 |
| a timeframe
established when creating the DRI process. A delay | 23 |
| in the review process either
requested or agreed to by the | 24 |
| applicant shall toll the running of the review period.
If the | 25 |
| Board fails to complete the review within the required period, | 26 |
| the review fee
paid by the applicant under this Section shall |
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| be refunded in full to the applicant.
If, however, the | 2 |
| applicant withdraws the application at any time after the Board
| 3 |
| commences its review, no part of the review fee shall be | 4 |
| refunded to the
applicant.
| 5 |
| (70 ILCS 1707/48 new) | 6 |
| Sec. 48. Incentives for Creating More Sustainable | 7 |
| Communities. CMAP shall establish an incentive program to | 8 |
| enable local governments and
developers to: create more | 9 |
| affordable workforce housing options near jobs and
transit; | 10 |
| create jobs near existing affordable workforce housing; create | 11 |
| transit-oriented development; integrate transportation and | 12 |
| land use planning; provide a
range of viable transportation | 13 |
| choices in addition to the car; encourage compact
and mixed-use | 14 |
| development; and support neighborhood revitalization. CMAP
| 15 |
| shall work with federal, State, regional, and local agencies to | 16 |
| identify funding
opportunities for these incentives from | 17 |
| existing and proposed programs. | 18 |
| (70 ILCS 1707/51 new) | 19 |
| Sec. 51. Certification; cooperation between local and | 20 |
| regional plans; plan
review. | 21 |
| Certification of regional plan and forecasts. Upon the | 22 |
| adoption of a Regional
Plan or segment of a Regional Plan, the | 23 |
| Board shall certify a copy thereof to the
State, each | 24 |
| transportation agency and each local government affected by |
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| such
plan. CMAP's official forecasts and plans shall be the | 2 |
| foundation for all planning
in the region. | 3 |
| Agencies to provide information and cooperate. Each local | 4 |
| government,
transportation agency, and State agency shall | 5 |
| cooperate with and assist the
Board in carrying out its | 6 |
| functions and shall provide to the Board all information
| 7 |
| requested by the Board. Counties and municipalities shall | 8 |
| submit copies of any
official plans to CMAP, including but not | 9 |
| limited to comprehensive, transportation,
housing, and capital | 10 |
| improvement plans. | 11 |
| Review of county and municipal plans. The Board may review | 12 |
| and comment on
proposed county and municipal plans and plan | 13 |
| amendments within its jurisdiction
for consistency with the | 14 |
| regional comprehensive plan and maintain a copy of
such plans. | 15 |
| (70 ILCS 1707/52 new) | 16 |
| Sec. 52. Revenue Bonds. | 17 |
| (a) CMAP shall have the power to issue revenue bonds, | 18 |
| notes, or other
evidences of indebtedness under the supervision | 19 |
| of the Illinois Finance Authority
in an aggregate amount not to | 20 |
| exceed $500,000,000 for the purpose of
developing, | 21 |
| constructing, acquiring, or improving infrastructure projects | 22 |
| of
regional importance. For the purpose of
evidencing the | 23 |
| obligations of CMAP to repay any money borrowed, CMAP may,
| 24 |
| pursuant to resolution, from time to time issue and dispose of | 25 |
| its interest bearing
revenue bonds, notes, or other evidences |
|
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| of indebtedness and may also from
time to time issue and | 2 |
| dispose of such bonds, notes, or other evidences of
| 3 |
| indebtedness to refund, at maturity, at a redemption date, or | 4 |
| in advance of either,
any revenue bonds, notes, or other | 5 |
| evidences of indebtedness pursuant to
redemption provisions or | 6 |
| at any time before maturity. All such revenue bonds,
notes, or | 7 |
| other evidences of indebtedness shall be payable solely from | 8 |
| the
revenues or income to be derived from loans made with | 9 |
| respect to projects, from
the leasing or sale of the projects, | 10 |
| or from any other funds available to CMAP for
such purposes, | 11 |
| including, when so provided by resolution of CMAP authorizing
| 12 |
| the issuance of revenue bonds or notes. The revenue bonds, | 13 |
| notes, or other
evidences of indebtedness may bear such date or | 14 |
| dates, may mature at such
time or times not exceeding 40 years | 15 |
| from their respective dates, may bear
interest at such rate or | 16 |
| rates not exceeding the maximum rate permitted by the
Bond | 17 |
| Authorization Act, may be in such form, may carry such | 18 |
| registration
privileges, may be executed in such manner, may be | 19 |
| payable at such place or
places, may be made subject to | 20 |
| redemption in such manner and upon such
terms, with or without | 21 |
| premium as is stated on the face thereof, may be
authenticated | 22 |
| in such manner, and may contain such terms and covenants as
may | 23 |
| be provided by an applicable resolution. | 24 |
| (b) The holder or holders of any revenue bonds, notes, or | 25 |
| other evidences of
indebtedness issued by CMAP may bring suits | 26 |
| at law or proceedings in equity to
compel the performance and |
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| observance by any corporation or person or by
CMAP or any of | 2 |
| its agents or employees of any contract or covenant made with
| 3 |
| the holders of such revenue bonds, notes, or other evidences of | 4 |
| indebtedness, to
compel such corporation, person, CMAP, and any | 5 |
| of its agents or employees to
perform any duties required to be | 6 |
| performed for the benefit of the holders of any
such revenue | 7 |
| bonds, notes, or other evidences of indebtedness by the | 8 |
| provision
of the resolution authorizing their issuance and to | 9 |
| enjoin such corporation,
person, CMAP, and any of its agents or | 10 |
| employees from taking any action in
conflict with any such | 11 |
| contract or covenant. | 12 |
| (c) If CMAP fails to pay the principal of or interest on | 13 |
| any of the revenue bonds or
premium, if any, as the same become | 14 |
| due, a civil action to compel payment may
be instituted in the | 15 |
| appropriate circuit court by the holder or holders of the
| 16 |
| revenue bonds on which such default of payment exists or by an | 17 |
| indenture
trustee acting on behalf of such holders. Delivery of | 18 |
| a summons and a copy of
the complaint to the chairperson of the | 19 |
| Board shall constitute sufficient service to
give the circuit | 20 |
| court jurisdiction of the subject matter of such a suit and
| 21 |
| jurisdiction over CMAP and its officers named as defendants for | 22 |
| the purpose of
compelling such payment. Any case, controversy, | 23 |
| or cause of action concerning
the validity of this Act relates | 24 |
| to the revenue of the State of Illinois. | 25 |
| (d) Notwithstanding the form and tenor of any such revenue | 26 |
| bonds, notes, or
other evidences of indebtedness and in the |
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| absence of any express recital on the
face of any such revenue | 2 |
| bond, note, or other evidence of indebtedness that it is
| 3 |
| non-negotiable, all such revenue bonds, notes, and other | 4 |
| evidences of
indebtedness shall be negotiable instruments. | 5 |
| Pending the preparation and
execution of any such revenue | 6 |
| bonds, notes, or other evidences of indebtedness,
temporary | 7 |
| revenue bonds, notes, or evidences of indebtedness may be | 8 |
| issued
as provided by resolution. | 9 |
| (e) To secure the payment of any or all of such revenue | 10 |
| bonds, notes, or other
evidences of indebtedness, the revenues | 11 |
| to be received by CMAP from a lease
agreement or loan agreement | 12 |
| shall be pledged, and, for the purpose of setting
forth the | 13 |
| covenants and undertakings of CMAP in connection with the | 14 |
| issuance
thereof and the issuance of any additional revenue | 15 |
| bonds, notes, or other
evidences of indebtedness payable from | 16 |
| such revenues, income, or other funds
to be derived from | 17 |
| projects, CMAP may execute and deliver a mortgage or trust
| 18 |
| agreement. A remedy for any breach or default of the terms of | 19 |
| any such
mortgage or trust agreement by CMAP may be by mandamus | 20 |
| proceedings in the
appropriate circuit court to compel the | 21 |
| performance and compliance therewith,
but the trust agreement | 22 |
| may prescribe by whom or on whose behalf the action
may be | 23 |
| instituted. | 24 |
| (f) The revenue bonds or notes shall be secured as provided | 25 |
| in the authorizing
resolution that may, notwithstanding any | 26 |
| other provision of this Act, include in
addition to any other |
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| security a specific pledge or assignment of and lien on or
| 2 |
| security interest in any or all revenues or money of CMAP from | 3 |
| whatever source
that may by law be used for debt service | 4 |
| purposes and a specific pledge or
assignment of and lien on or | 5 |
| security interest in any funds or accounts
established or | 6 |
| provided for by resolution of CMAP authorizing the issuance of
| 7 |
| such revenue bonds or notes. | 8 |
| (g) The State of Illinois pledges to and agrees with the | 9 |
| holders of the revenue
bonds and notes of CMAP issued pursuant | 10 |
| to this Section that the State will not
limit or alter the | 11 |
| rights and powers vested in CMAP by this Act so as to impair | 12 |
| the
terms of any contract made by CMAP with such holders or in | 13 |
| any way impair the
rights and remedies of such holders until | 14 |
| such revenue bonds and notes,
together with interest thereon, | 15 |
| with interest on any unpaid installments of interest,
and all | 16 |
| costs and expenses in connection with any action or proceedings | 17 |
| by or on
behalf of such holders, are fully met and discharged. | 18 |
| CMAP is authorized to
include these pledges and agreements of | 19 |
| the State in any contract with the
holders of revenue bonds or | 20 |
| notes issued pursuant to this Section. | 21 |
| (h) Under no circumstances shall any bonds issued by CMAP | 22 |
| or any other
obligation of CMAP be or become an indebtedness or | 23 |
| obligation of the State of
Illinois or of any other political | 24 |
| subdivision of or municipality within the State, nor
shall any | 25 |
| such bond or obligation be or become an indebtedness of CMAP | 26 |
| within
the purview of any constitutional limitation or |
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| provision, and it shall be plainly
stated on the face of each | 2 |
| bond that it does not constitute such an indebtedness
or | 3 |
| obligation but is payable solely from the revenues or income as | 4 |
| aforesaid. | 5 |
| (i) For the purpose of financing a project pursuant to this | 6 |
| Act, CMAP shall be
authorized to apply for an allocation of | 7 |
| tax-exempt bond financing authorization
provided by Section | 8 |
| 11143 of the Safe, Accountable, Flexible, Efficient
| 9 |
| Transportation Equity Act: A Legacy for Users (SAFETEA-LU), | 10 |
| Public Law 109-
59, as well as financing available under any | 11 |
| other federal law or program. | 12 |
| (70 ILCS 1707/55)
| 13 |
| Sec. 55. Transportation financial plan. | 14 |
| (a) Concurrent with preparation of the regional | 15 |
| transportation and comprehensive plans, the Board shall | 16 |
| prepare and adopt, in cooperation with transportation agencies | 17 |
| in the region
the CATS Policy Committee , a transportation | 18 |
| financial plan for the region in accordance with federal and | 19 |
| State laws, rules, and regulations. | 20 |
| (b) The transportation financial plan shall address the | 21 |
| following matters related to the transportation agencies: (i) | 22 |
| adequacy of funding to meet identified needs; and (ii) | 23 |
| allocation of funds to regional priorities. | 24 |
| (c) The transportation financial plan may propose | 25 |
| recommendations for additional funding by the federal |
|
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| government, the State, or units of local government that may be | 2 |
| necessary to fully implement regional plans.
| 3 |
| (Source: P.A. 94-510, eff. 8-9-05.) | 4 |
| (70 ILCS 1707/60)
| 5 |
| Sec. 60. Transportation decision-making
Metropolitan | 6 |
| planning organization . | 7 |
| (a) It is the intent of this Act that the transportation | 8 |
| planning and investment decision-making process be fully | 9 |
| integrated into the regional planning process. | 10 |
| (b) The Board, in cooperation with local governments and | 11 |
| transportation providers, shall create a transportation | 12 |
| decision-making process that meets all federal requirements. | 13 |
| The adopted process shall ensure that all MPO plans, reports, | 14 |
| and programs shall be approved by the CMAP Board prior to final | 15 |
| approval by the MPO. If redesignation of the MPO by the federal | 16 |
| government becomes necessary, then this Section shall not take | 17 |
| effect until the redesignation has been completed. | 18 |
| (c) The Board shall continue directly involving local | 19 |
| elected officials in federal program allocations for the | 20 |
| Surface Transportation Program and Congestion Mitigation and | 21 |
| Air Quality funds and in addressing other regional | 22 |
| transportation issues.
| 23 |
| (a) It is the intent of this Act that the CATS Policy | 24 |
| Committee, as the Transportation Planning Committee for the | 25 |
| Board, remain the federally designated Metropolitan Planning |
|
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| Organization for the Chicago region under the requirements of | 2 |
| federal regulations promulgated by USDOT.
The CATS Policy | 3 |
| Committee shall prepare and approve all plans, reports, and | 4 |
| programs required of an MPO, including the federally mandated | 5 |
| Regional Transportation Plan, Transportation Improvement | 6 |
| Program and Unified Work Program.
| 7 |
| (b) The processes previously established by the CATS Policy | 8 |
| Committee shall be continued as the means by which local | 9 |
| elected officials program federal Surface Transportation | 10 |
| Program and Congestion, Mitigation, and Air Quality funds and | 11 |
| address other regional transportation issues.
| 12 |
| (Source: P.A. 94-510, eff. 8-9-05.) | 13 |
| (70 ILCS 1707/61 new) | 14 |
| Sec. 61. Agency Designated Planning Grant Recipient and | 15 |
| Other Designations. The Board is eligible to apply for and | 16 |
| receive federal
grants and loans for regional planning in the | 17 |
| northeastern Illinois region. The
Board shall review | 18 |
| applications requesting significant federal grants and loans | 19 |
| to
transportation agencies and local governments based on | 20 |
| criteria including
conformity with the Regional Comprehensive | 21 |
| Plan and relevant functional
components. | 22 |
| (70 ILCS 1707/62 new) | 23 |
| Sec. 62. Board Funding. In order to carry out any of the | 24 |
| powers or purposes of CMAP, the Board shall
allocate |
|
|
|
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| 1 |
| traditional sources of funds such as those from the federal | 2 |
| Metropolitan
Planning Program, State Planning and Research | 3 |
| Program and CMAP as well as
non-traditional federal funds | 4 |
| consistent with the Board's broader mission. These
funds may be | 5 |
| supplemented by fees for services and by grants from | 6 |
| nongovernmental
agencies. The Board may also pursue and accept | 7 |
| funding from
State, regional, and local sources in order to | 8 |
| meet its planning objectives. | 9 |
| Additional funding shall be provided to CMAP to support | 10 |
| those functions and
programs authorized by this Act. Such | 11 |
| additional funding shall be raised in the
following manner: | 12 |
| The capital element of any highway appropriation | 13 |
| passed by the State of
Illinois shall allocate 1/2 of 1% of | 14 |
| those capital expenditures for comprehensive
planning. | 15 |
| These funds shall be deposited into the State metropolitan | 16 |
| planning
appropriation for use by metropolitan and rural | 17 |
| areas in Illinois to undertake
comprehensive planning | 18 |
| activities. The funding allocation shall be 60%
for CMAP, | 19 |
| 30% for other metropolitan planning organizations, and 10% | 20 |
| for non-urbanized areas. | 21 |
| (70 ILCS 1707/63 new) | 22 |
| Sec. 63. Succession; Transfers Related to NIPC. CMAP shall | 23 |
| succeed to all rights and interests of
NIPC. Such transfer and | 24 |
| succession shall not limit or restrict any power or
authority | 25 |
| of CMAP exercised pursuant to this Act and shall not limit any |
|
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| rights or
obligations of CMAP with respect to any contracts, | 2 |
| agreements, bonds or other
indebtedness, right or interest | 3 |
| relating to any cause of action then in existence of
NIPC that | 4 |
| shall continue and shall be assumed by CMAP. Funds appropriated
| 5 |
| or otherwise made available to NIPC shall become available to | 6 |
| CMAP for the
balance of the current State fiscal year for | 7 |
| interim use as determined by CMAP.
NIPC shall transfer all of | 8 |
| the records, documents, property, and assets of NIPC
to CMAP. | 9 |
| (70 ILCS 1707/65)
| 10 |
| Sec. 65. Annual report. The Board shall prepare, publish, | 11 |
| and distribute a concise
an annual report on the region's | 12 |
| progress toward achieving its priorities and on the degree to | 13 |
| which consistency exists between local and regional plans. Any
| 14 |
| and any other reports and plans that relate to the purpose of | 15 |
| this Act may also be included .
| 16 |
| (Source: P.A. 94-510, eff. 8-9-05.)
| 17 |
| (70 ILCS 1705/Act rep.)
| 18 |
| Section 20. The Northeastern Illinois Planning Act is | 19 |
| repealed.
| 20 |
| Section 90. The State Mandates Act is amended by adding | 21 |
| Section 8.31 as follows: | 22 |
| (30 ILCS 805/8.31 new) |
|
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| Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | 2 |
| of this Act, no reimbursement by the State is required for the | 3 |
| implementation of any mandate created by this amendatory Act of | 4 |
| the 95th General Assembly. | 5 |
| Section 99. Effective date. This Act takes effect upon | 6 |
| becoming law.".
|
|