Full Text of HB2135 95th General Assembly
HB2135ham001 95TH GENERAL ASSEMBLY
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Rep. David E. Miller
Filed: 5/18/2007
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| AMENDMENT TO HOUSE BILL 2135
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| AMENDMENT NO. ______. Amend House Bill 2135 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Metropolitan Transit Authority Act is | 5 |
| amended by changing Sections 19 and 20 and by adding Section | 6 |
| 28d as follows:
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| (70 ILCS 3605/19) (from Ch. 111 2/3, par. 319)
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| Sec. 19. The governing and administrative body of the | 9 |
| Authority shall be a
board consisting of 8
seven members, to be | 10 |
| known as Chicago Transit Board.
Members of the Board shall be | 11 |
| residents of the metropolitan area and persons of
recognized | 12 |
| business ability. No member of the Board of the
Authority shall | 13 |
| hold any other office or employment under the Federal,
State or | 14 |
| any County or any municipal government except an honorary | 15 |
| office
without compensation or an office in the National Guard. | 16 |
| No employee of
the Authority shall hold any other office or |
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| employment under the Federal,
State or any County or any | 2 |
| municipal government except an office with
compensation not | 3 |
| exceeding $5,000 annually or a position in the National
Guard | 4 |
| or the United States military reserves. Provided, however,
that | 5 |
| the Chairman may be a member of the Board of the Regional | 6 |
| Transportation
Authority. No member of the
Board or employee of | 7 |
| the Authority shall have any private financial
interest, profit | 8 |
| or benefit in any contract, work or business of the
Authority | 9 |
| nor in the sale or lease of any property to or from the
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| Authority. The salary of each member of the initial Board shall | 11 |
| be
$15,000.00 per annum, and such salary shall not be increased | 12 |
| or diminished
during his or her term of office. The salaries of | 13 |
| successor members of the
Board shall be fixed by the Board and | 14 |
| shall not be increased or diminished
during their respective | 15 |
| terms of office. No Board member shall be allowed
any fees, | 16 |
| perquisites or emoluments, reward or compensation for his or | 17 |
| her
services as a member or officer of the Authority aside from | 18 |
| his or her
salary or pension, but he or she shall be reimbursed | 19 |
| for actual expenses
incurred by him or her in the performance | 20 |
| of his or her duties.
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| (Source: P.A. 84-939.)
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| (70 ILCS 3605/20) (from Ch. 111 2/3, par. 320)
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| Sec. 20. Within sixty (60) days after the adoption of this | 24 |
| Act by the
electors of one or more cities, villages and | 25 |
| incorporated towns within the
metropolitan area having a |
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| population in the aggregate of at least 100,000
according to | 2 |
| the Federal census of 1940, the Governor, by and with the
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| advice and consent of the Senate, shall appoint three members | 4 |
| of the Board
for initial terms expiring September first of the | 5 |
| years 1947, 1948 and
1949, respectively, at least one of which | 6 |
| members shall be a resident of
that portion of the metropolitan | 7 |
| area which is outside the corporate limits
of the City of | 8 |
| Chicago, and the Mayor, with advice and consent of the City
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| Council of the City of Chicago, shall appoint four members of | 10 |
| the Board for
initial terms expiring September first of the | 11 |
| years 1946, 1950, 1951 and
1952, respectively. At the | 12 |
| expiration of the term of any member appointed
by the Governor | 13 |
| his successor shall be appointed by the Governor, and at
the | 14 |
| expiration of the term of any member appointed by the Mayor his
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| successor shall be appointed by the Mayor in like manner, and | 16 |
| with like
regard as to the place of residence of the appointee, | 17 |
| as appointments for
the initial terms. All successors shall | 18 |
| hold office for the term of seven
years from the first day of | 19 |
| September of the year in which they are
appointed, except in | 20 |
| case of an appointment to fill a vacancy. In case of
vacancy in | 21 |
| the office of any member appointed by the Governor during the
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| recess of the Senate, the Governor shall make a temporary | 23 |
| appointment until
the next meeting of the Senate when he shall | 24 |
| nominate some person to fill
such office; and any person so | 25 |
| nominated, who is confirmed by the Senate,
shall hold his | 26 |
| office during the remainder of the term and until his
successor |
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| shall be appointed and qualified. If the Senate is not in | 2 |
| session
at the time this Act takes effect, the Governor shall | 3 |
| make temporary
appointments as in case of vacancies. Each | 4 |
| appointment by the Governor
shall be subject to approval by the | 5 |
| Mayor, and each appointment by the
Mayor shall be subject to | 6 |
| approval by the Governor and, when so approved,
the Governor | 7 |
| and the Mayor shall certify their respective appointments and
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| approvals to the Secretary of State. If the Governor or the | 9 |
| Mayor does not
approve or disapprove the appointment by the | 10 |
| Mayor or the Governor, respectively,
within 15 days after | 11 |
| receipt thereof, the person is appointed. Within thirty
days | 12 |
| after certification
and approval of his appointment, and before | 13 |
| entering upon the duties of his
office, each member of the | 14 |
| Board shall take and subscribe the
constitutional oath of | 15 |
| office and file it in the office of the Secretary of
State. | 16 |
| There shall also be one non-voting member of the Board. The | 17 |
| non-voting member shall be appointed by the Governor and | 18 |
| recommended by the labor organization representing the | 19 |
| majority of the employees within the Authority. The non-voting | 20 |
| member shall be appointed for a term of 7 years. The board | 21 |
| chairman, at his or her discretion, may exclude the non-voting | 22 |
| member from attending any portion of a meeting of the board or | 23 |
| of any committee held for the purpose of discussing | 24 |
| negotiations with labor organizations.
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| (Source: P.A. 79-938.)
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| (70 ILCS 3605/28d new) | 2 |
| Sec. 28d. Employee convenience and safety; restroom | 3 |
| breaks. The Authority shall ensure that the work schedule of | 4 |
| each employee of the Authority allows the employee a reasonable | 5 |
| amount of time to use restroom facilities. | 6 |
| Section 10. The Local Mass Transit District Act is amended | 7 |
| by changing Section 4 and by adding Section 5.5 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 | 10 |
| repose
in, and be exercised by, a Board of Trustees. If the | 11 |
| District is
created by only one municipality or only one county | 12 |
| the corporate
authorities or the county board chairman with the | 13 |
| consent of the county
board of such municipality or county | 14 |
| shall
appoint either 3 or 5 trustees to the Board; provided | 15 |
| that in
any Metro East Mass Transit District created by a | 16 |
| single county, 5 trustees
shall be appointed and the trustees | 17 |
| so appointed shall be: (1) a mayor
of a municipality within the | 18 |
| District; (2) a township supervisor
from within the District, | 19 |
| or if in a county without
township supervisors, another mayor | 20 |
| within the District; (3) the county board chairman in
which the | 21 |
| District was formed or such other county board
member as he | 22 |
| shall designate; and (4) 2 members of the general public.
There | 23 |
| shall also be one non-voting member of the Board of Trustees. | 24 |
| The non-voting member shall be recommended by the labor |
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| organization representing the majority of the employees within | 2 |
| the local Mass Transit District. The non-voting member shall be | 3 |
| appointed for a term of 4 years. The board chairman, at his or | 4 |
| her discretion, may exclude the non-voting member from | 5 |
| attending any portion of a meeting of the board or of any | 6 |
| committee held for the purpose of discussing negotiations with | 7 |
| labor organizations. If the District is created by one or
more | 8 |
| municipalities or one or more counties or any combination | 9 |
| thereof,
the corporate authorities and the county board | 10 |
| chairman of each participating municipality or county shall | 11 |
| determine the percentage of service that the District provides | 12 |
| to each municipality or county. Each participating | 13 |
| municipality and county shall appoint trustees in proportion to | 14 |
| the percentage of service received from the District by that | 15 |
| municipality or county. The corporate authorities or the county | 16 |
| board chairman, with the consent of the county board, of each | 17 |
| participating municipality or county shall appoint one trustee | 18 |
| to the Board for each 30% or fraction thereof of service that | 19 |
| the municipality or county receives from the District. If an | 20 |
| even number of trustees are appointed to the Board, the | 21 |
| corporate authorities or the county board chairman, with the | 22 |
| consent of the county board, of the municipality or county that | 23 |
| receives the largest percentage of service from the District | 24 |
| shall appoint one additional trustee. The first Trustees | 25 |
| appointed to the Board and any 2 additional
trustees, initially | 26 |
| appointed as a result of this amendatory Act of 1983
shall |
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| serve for terms of 4 years or less, the terms to be staggered | 2 |
| to the
extent possible so that they expire one year apart and | 3 |
| so that the terms
of not more than 2 trustees expire in the | 4 |
| same year, with the Trustees to
serve less than 4 years to be | 5 |
| selected by lot. Thereafter, their
successors shall serve for 4 | 6 |
| years. Vacancies shall be filled for the
unexpired term in the | 7 |
| same manner as the original appointment.
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| Except in a Metro East Mass Transit District, no Trustee of | 9 |
| any District
may be an elected official of the
municipality or | 10 |
| municipalities or county or counties creating the
District. A | 11 |
| Trustee shall hold office until his successor has been
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| appointed and has qualified. A certificate of the appointment | 13 |
| or
reappointment of any Trustee shall be filed with the clerk | 14 |
| or clerks and
such certificate shall be conclusive evidence of | 15 |
| the due and proper
appointment of such Trustee. A Trustee shall | 16 |
| receive, as compensation
for his services,
not more than $100 | 17 |
| for each day devoted to the
business of the Board but not more | 18 |
| than $400 per month. For the
purposes
of this Section, each | 19 |
| District may determine what constitutes a business
day. He | 20 |
| shall also be entitled to the necessary expenses, including
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| traveling expenses, incurred in the discharge of his duties. | 22 |
| The powers
of each District and the Board shall be vested in | 23 |
| the Trustees thereof in
office from
time to time. A majority | 24 |
| shall constitute a quorum of the Board for the
purpose of | 25 |
| 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 |
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| the
majority of the Trustees present, unless in any case the | 2 |
| bylaws of the
Board shall require a larger number. The Board | 3 |
| shall select a chairman
and a vice-chairman from among the | 4 |
| Trustees.
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| No Trustee or employee of the Board shall acquire or have | 6 |
| any
interest direct or indirect in any contract or proposed | 7 |
| contract for
materials or services to be furnished or used in | 8 |
| connection with
operations of the District. For inefficiency or | 9 |
| neglect of duty or
misconduct in office, a Trustee may be | 10 |
| removed by the person or body
which made the original | 11 |
| appointment, but a Trustee shall be removed only
after he shall | 12 |
| have been given a copy of the charges against him at
least 10 | 13 |
| 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 | 15 |
| of any
Trustee, a record of the proceedings, together with the | 16 |
| charges and
findings thereon, shall be filed in the office of | 17 |
| the clerk or clerks of
the creating county or counties or | 18 |
| municipality or municipalities.
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| The Board shall employ a managing director of the District | 20 |
| and may
employ a secretary, treasurer, technical experts and | 21 |
| such other
officers, agents and employees, permanent and | 22 |
| temporary, as it may
require, and shall fix and determine their | 23 |
| qualifications, duties and
compensation and the amount of bond | 24 |
| to be furnished for such offices and
positions. For such legal | 25 |
| services as it may require, the Board may
call upon any chief | 26 |
| law officers of the municipality, municipalities, or
the county |
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| 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 | 3 |
| delegate
to one or more of its agents or employees such powers | 4 |
| and duties as it
may deem proper. Notwithstanding the other | 5 |
| provisions of this paragraph,
employment of any person other | 6 |
| than a managing director or secretary by
any Metro East Mass | 7 |
| Transit District created by a single county shall require
the | 8 |
| authorization of the county board of such county.
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| Neither the District, the members of its Board nor its | 10 |
| officers or
employees shall be held liable for failure
to | 11 |
| provide a security or police force or, if a security or police | 12 |
| force is
provided, for failure to provide adequate police | 13 |
| protection or security,
failure to prevent the commission of | 14 |
| crimes by fellow passengers or other
third persons or for the | 15 |
| failure to apprehend criminals.
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| (Source: P.A. 93-590, eff. 1-1-04; 93-792, eff. 7-22-04.)
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| (70 ILCS 3610/5.5 new) | 18 |
| Sec. 5.5. Employee convenience and safety; restroom | 19 |
| breaks. Each local Mass Transit District shall ensure that the | 20 |
| work schedule of each employee of the local Mass Transit | 21 |
| District allows the employee a reasonable amount of time to use | 22 |
| restroom facilities. | 23 |
| Section 15. The Regional Transportation Authority Act is | 24 |
| amended by adding Section 2.16.1 as follows: |
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| (70 ILCS 3615/2.16.1 new) | 2 |
| Sec. 2.16.1. Employee convenience and safety; restroom | 3 |
| breaks. The Authority shall ensure that the work schedule of | 4 |
| each employee of the Authority allows the employee a reasonable | 5 |
| amount of time to use restroom facilities. ".
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