Illinois General Assembly - Full Text of SB1201
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Full Text of SB1201  95th General Assembly

SB1201ham002 95TH GENERAL ASSEMBLY

Rep. Suzanne Bassi

Filed: 5/29/2007

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1201

2     AMENDMENT NO. ______. Amend Senate Bill 1201, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
 
5     "Section 3. The State Finance Act is amended by adding
6 Sections 5.675 and 6z-69 as follows:
 
7     (30 ILCS 105/5.675 new)
8     Sec. 5.675. Comprehensive Regional Planning Fund.
 
9     (30 ILCS 105/6z-69 new)
10     Sec. 6z-69. Comprehensive Regional Planning Fund.
11     (a) As soon as possible after July 1, 2007, and on each
12 July 1 thereafter, the State Treasurer shall transfer
13 $5,000,000 from the General Revenue Fund to the Comprehensive
14 Regional Planning Fund.
15     (b) Subject to appropriation, the Illinois Department of

 

 

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1 Transportation shall make lump sum distributions from the
2 Comprehensive Regional Planning Fund as soon as possible after
3 each July 1 to the recipients and in the amounts specified in
4 subsection (c). The recipients must use the moneys for
5 comprehensive regional planning purposes.
6     (c) Each year's distribution under subsection (b) shall be
7 as follows: (i) 70% to the Chicago Metropolitan Agency for
8 Planning (CMAP); (ii) 25% to the State's other Metropolitan
9 Planning Organizations (exclusive of CMAP), each Organization
10 receiving a percentage equal to the percent its area population
11 represents to the total population of the areas of all the
12 State's Metropolitan Planning Organizations (exclusive of
13 CMAP); and (iii) 5% to the State's Rural Planning Agencies,
14 each Agency receiving a percentage equal to the percent its
15 area population represents to the total population of the areas
16 of all the State's Rural Planning Agencies.
 
17     Section 5. The Illinois Pension Code is amended by changing
18 Sections 7-132 and 14-103.05 and by adding Sections 7-139.12
19 and 14-104.13 as follows:
 
20     (40 ILCS 5/7-132)   (from Ch. 108 1/2, par. 7-132)
21     Sec. 7-132. Municipalities, instrumentalities and
22 participating instrumentalities included and effective dates.
 
23 (A) Municipalities and their instrumentalities.

 

 

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1     (a) The following described municipalities, but not
2 including any with more than 1,000,000 inhabitants, and the
3 instrumentalities thereof, shall be included within and be
4 subject to this Article beginning upon the effective dates
5 specified by the Board:
6         (1) Except as to the municipalities and
7     instrumentalities thereof specifically excluded under this
8     Article, every county shall be subject to this Article, and
9     all cities, villages and incorporated towns having a
10     population in excess of 5,000 inhabitants as determined by
11     the last preceding decennial or subsequent federal census,
12     shall be subject to this Article following publication of
13     the census by the Bureau of the Census. Within 90 days
14     after publication of the census, the Board shall notify any
15     municipality that has become subject to this Article as a
16     result of that census, and shall provide information to the
17     corporate authorities of the municipality explaining the
18     duties and consequences of participation. The notification
19     shall also include a proposed date upon which participation
20     by the municipality will commence.
21         However, for any city, village or incorporated town
22     that attains a population over 5,000 inhabitants after
23     having provided social security coverage for its employees
24     under the Social Security Enabling Act, participation
25     under this Article shall not be mandatory but may be
26     elected in accordance with subparagraph (3) or (4) of this

 

 

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1     paragraph (a), whichever is applicable.
2         (2) School districts, other than those specifically
3     excluded under this Article, shall be subject to this
4     Article, without election, with respect to all employees
5     thereof.
6         (3) Towns and all other bodies politic and corporate
7     which are formed by vote of, or are subject to control by,
8     the electors in towns and are located in towns which are
9     not participating municipalities on the effective date of
10     this Act, may become subject to this Article by election
11     pursuant to Section 7-132.1.
12         (4) Any other municipality (together with its
13     instrumentalities), other than those specifically excluded
14     from participation and those described in paragraph (3)
15     above, may elect to be included either by referendum under
16     Section 7-134 or by the adoption of a resolution or
17     ordinance by its governing body. A copy of such resolution
18     or ordinance duly authenticated and certified by the clerk
19     of the municipality or other appropriate official of its
20     governing body shall constitute the required notice to the
21     board of such action.
22     (b) A municipality that is about to begin participation
23 shall submit to the Board an application to participate, in a
24 form acceptable to the Board, not later than 90 days prior to
25 the proposed effective date of participation. The Board shall
26 act upon the application within 90 days, and if it finds that

 

 

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1 the application is in conformity with its requirements and the
2 requirements of this Article, participation by the applicant
3 shall commence on a date acceptable to the municipality and
4 specified by the Board, but in no event more than one year from
5 the date of application.
6     (c) A participating municipality which succeeds to the
7 functions of a participating municipality which is dissolved or
8 terminates its existence shall assume and be transferred the
9 net accumulation balance in the municipality reserve and the
10 municipality account receivable balance of the terminated
11 municipality.
12     (d) In the case of a Veterans Assistance Commission whose
13 employees were being treated by the Fund on January 1, 1990 as
14 employees of the county served by the Commission, the Fund may
15 continue to treat the employees of the Veterans Assistance
16 Commission as county employees for the purposes of this
17 Article, unless the Commission becomes a participating
18 instrumentality in accordance with subsection (B) of this
19 Section.
 
20 (B) Participating instrumentalities.
21     (a) The participating instrumentalities designated in
22 paragraph (b) of this subsection shall be included within and
23 be subject to this Article if:
24         (1) an application to participate, in a form acceptable
25     to the Board and adopted by a two-thirds vote of the

 

 

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1     governing body, is presented to the Board not later than 90
2     days prior to the proposed effective date; and
3         (2) the Board finds that the application is in
4     conformity with its requirements, that the applicant has
5     reasonable expectation to continue as a political entity
6     for a period of at least 10 years and has the prospective
7     financial capacity to meet its current and future
8     obligations to the Fund, and that the actuarial soundness
9     of the Fund may be reasonably expected to be unimpaired by
10     approval of participation by the applicant.
11     The Board shall notify the applicant of its findings within
12 90 days after receiving the application, and if the Board
13 approves the application, participation by the applicant shall
14 commence on the effective date specified by the Board.
15     (b) The following participating instrumentalities, so long
16 as they meet the requirements of Section 7-108 and the area
17 served by them or within their jurisdiction is not located
18 entirely within a municipality having more than one million
19 inhabitants, may be included hereunder:
20         i. Township School District Trustees.
21         ii. Multiple County and Consolidated Health
22     Departments created under Division 5-25 of the Counties
23     Code or its predecessor law.
24         iii. Public Building Commissions created under the
25     Public Building Commission Act, and located in counties of
26     less than 1,000,000 inhabitants.

 

 

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1         iv. A multitype, consolidated or cooperative library
2     system created under the Illinois Library System Act. Any
3     library system created under the Illinois Library System
4     Act that has one or more predecessors that participated in
5     the Fund may participate in the Fund upon application. The
6     Board shall establish procedures for implementing the
7     transfer of rights and obligations from the predecessor
8     system to the successor system.
9         v. Regional Planning Commissions created under
10     Division 5-14 of the Counties Code or its predecessor law.
11         vi. Local Public Housing Authorities created under the
12     Housing Authorities Act, located in counties of less than
13     1,000,000 inhabitants.
14         vii. Illinois Municipal League.
15         viii. Northeastern Illinois Metropolitan Area Planning
16     Commission.
17         ix. Southwestern Illinois Metropolitan Area Planning
18     Commission.
19         x. Illinois Association of Park Districts.
20         xi. Illinois Supervisors, County Commissioners and
21     Superintendents of Highways Association.
22         xii. Tri-City Regional Port District.
23         xiii. An association, or not-for-profit corporation,
24     membership in which is authorized under Section 85-15 of
25     the Township Code.
26         xiv. Drainage Districts operating under the Illinois

 

 

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1     Drainage Code.
2         xv. Local mass transit districts created under the
3     Local Mass Transit District Act.
4         xvi. Soil and water conservation districts created
5     under the Soil and Water Conservation Districts Law.
6         xvii. Commissions created to provide water supply or
7     sewer services or both under Division 135 or Division 136
8     of Article 11 of the Illinois Municipal Code.
9         xviii. Public water districts created under the Public
10     Water District Act.
11         xix. Veterans Assistance Commissions established under
12     Section 9 of the Military Veterans Assistance Act that
13     serve counties with a population of less than 1,000,000.
14         xx. The governing body of an entity, other than a
15     vocational education cooperative, created under an
16     intergovernmental cooperative agreement established
17     between participating municipalities under the
18     Intergovernmental Cooperation Act, which by the terms of
19     the agreement is the employer of the persons performing
20     services under the agreement under the usual common law
21     rules determining the employer-employee relationship. The
22     governing body of such an intergovernmental cooperative
23     entity established prior to July 1, 1988 may make
24     participation retroactive to the effective date of the
25     agreement and, if so, the effective date of participation
26     shall be the date the required application is filed with

 

 

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1     the fund. If any such entity is unable to pay the required
2     employer contributions to the fund, then the participating
3     municipalities shall make payment of the required
4     contributions and the payments shall be allocated as
5     provided in the agreement or, if not so provided, equally
6     among them.
7         xxi. The Illinois Municipal Electric Agency.
8         xxii. The Waukegan Port District.
9         xxiii. The Fox Waterway Agency created under the Fox
10     Waterway Agency Act.
11         xxiv. The Illinois Municipal Gas Agency.
12         xxv. The Kaskaskia Regional Port District.
13         xxvi. The Southwestern Illinois Development Authority.
14         xxvii. The Cairo Public Utility Company.
15         xxviii. Except with respect to employees who elect to
16     participate in the State Employees' Retirement System of
17     Illinois under Section 14-104.13 of this Code, the Chicago
18     Metropolitan Agency for Planning created under the
19     Regional Planning Act, provided that, with respect to the
20     benefits payable pursuant to Sections 7-146, 7-150, and
21     7-164 and the requirement that eligibility for such
22     benefits is conditional upon satisfying a minimum period of
23     service or a minimum contribution, any employee of the
24     Chicago Metropolitan Agency for Planning that was
25     immediately prior to such employment an employee of the
26     Chicago Area Transportation Study or the Northeastern

 

 

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1     Illinois Planning Commission, such employee's service at
2     the Chicago Area Transportation Study or the Northeastern
3     Illinois Planning Commission and contributions to the
4     State Employees' Retirement System of Illinois established
5     under Article 14 and the Illinois Municipal Retirement Fund
6     shall count towards the satisfaction of such requirements.
7     (c) The governing boards of special education joint
8 agreements created under Section 10-22.31 of the School Code
9 without designation of an administrative district shall be
10 included within and be subject to this Article as participating
11 instrumentalities when the joint agreement becomes effective.
12 However, the governing board of any such special education
13 joint agreement in effect before September 5, 1975 shall not be
14 subject to this Article unless the joint agreement is modified
15 by the school districts to provide that the governing board is
16 subject to this Article, except as otherwise provided by this
17 Section.
18     The governing board of the Special Education District of
19 Lake County shall become subject to this Article as a
20 participating instrumentality on July 1, 1997. Notwithstanding
21 subdivision (a)1 of Section 7-139, on the effective date of
22 participation, employees of the governing board of the Special
23 Education District of Lake County shall receive creditable
24 service for their prior service with that employer, up to a
25 maximum of 5 years, without any employee contribution.
26 Employees may establish creditable service for the remainder of

 

 

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1 their prior service with that employer, if any, by applying in
2 writing and paying an employee contribution in an amount
3 determined by the Fund, based on the employee contribution
4 rates in effect at the time of application for the creditable
5 service and the employee's salary rate on the effective date of
6 participation for that employer, plus interest at the effective
7 rate from the date of the prior service to the date of payment.
8 Application for this creditable service must be made before
9 July 1, 1998; the payment may be made at any time while the
10 employee is still in service. The employer may elect to make
11 the required contribution on behalf of the employee.
12     The governing board of a special education joint agreement
13 created under Section 10-22.31 of the School Code for which an
14 administrative district has been designated, if there are
15 employees of the cooperative educational entity who are not
16 employees of the administrative district, may elect to
17 participate in the Fund and be included within this Article as
18 a participating instrumentality, subject to such application
19 procedures and rules as the Board may prescribe.
20     The Boards of Control of cooperative or joint educational
21 programs or projects created and administered under Section
22 3-15.14 of the School Code, whether or not the Boards act as
23 their own administrative district, shall be included within and
24 be subject to this Article as participating instrumentalities
25 when the agreement establishing the cooperative or joint
26 educational program or project becomes effective.

 

 

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1     The governing board of a special education joint agreement
2 entered into after June 30, 1984 and prior to September 17,
3 1985 which provides for representation on the governing board
4 by less than all the participating districts shall be included
5 within and subject to this Article as a participating
6 instrumentality. Such participation shall be effective as of
7 the date the joint agreement becomes effective.
8     The governing boards of educational service centers
9 established under Section 2-3.62 of the School Code shall be
10 included within and subject to this Article as participating
11 instrumentalities. The governing boards of vocational
12 education cooperative agreements created under the
13 Intergovernmental Cooperation Act and approved by the State
14 Board of Education shall be included within and be subject to
15 this Article as participating instrumentalities. If any such
16 governing boards or boards of control are unable to pay the
17 required employer contributions to the fund, then the school
18 districts served by such boards shall make payment of required
19 contributions as provided in Section 7-172. The payments shall
20 be allocated among the several school districts in proportion
21 to the number of students in average daily attendance for the
22 last full school year for each district in relation to the
23 total number of students in average attendance for such period
24 for all districts served. If such educational service centers,
25 vocational education cooperatives or cooperative or joint
26 educational programs or projects created and administered

 

 

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1 under Section 3-15.14 of the School Code are dissolved, the
2 assets and obligations shall be distributed among the districts
3 in the same proportions unless otherwise provided.
4     (d) The governing boards of special recreation joint
5 agreements created under Section 8-10b of the Park District
6 Code, operating without designation of an administrative
7 district or an administrative municipality appointed to
8 administer the program operating under the authority of such
9 joint agreement shall be included within and be subject to this
10 Article as participating instrumentalities when the joint
11 agreement becomes effective. However, the governing board of
12 any such special recreation joint agreement in effect before
13 January 1, 1980 shall not be subject to this Article unless the
14 joint agreement is modified, by the districts and
15 municipalities which are parties to the agreement, to provide
16 that the governing board is subject to this Article.
17     If the Board returns any employer and employee
18 contributions to any employer which erroneously submitted such
19 contributions on behalf of a special recreation joint
20 agreement, the Board shall include interest computed from the
21 end of each year to the date of payment, not compounded, at the
22 rate of 7% per annum.
23     (e) Each multi-township assessment district, the board of
24 trustees of which has adopted this Article by ordinance prior
25 to April 1, 1982, shall be a participating instrumentality
26 included within and subject to this Article effective December

 

 

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1 1, 1981. The contributions required under Section 7-172 shall
2 be included in the budget prepared under and allocated in
3 accordance with Section 2-30 of the Property Tax Code.
4     (f) The Illinois Medical District Commission created under
5 the Illinois Medical District Act may be included within and
6 subject to this Article as a participating instrumentality,
7 notwithstanding that the location of the District is entirely
8 within the City of Chicago. To become a participating
9 instrumentality, the Commission must apply to the Board in the
10 manner set forth in paragraph (a) of this subsection (B). If
11 the Board approves the application, under the criteria and
12 procedures set forth in paragraph (a) and any other applicable
13 rules, criteria, and procedures of the Board, participation by
14 the Commission shall commence on the effective date specified
15 by the Board.
 
16 (C) Prospective participants.
17      Beginning January 1, 1992, each prospective participating
18 municipality or participating instrumentality shall pay to the
19 Fund the cost, as determined by the Board, of a study prepared
20 by the Fund or its actuary, detailing the prospective costs of
21 participation in the Fund to be expected by the municipality or
22 instrumentality.
23 (Source: P.A. 93-777, eff. 7-21-04; 94-1046, eff. 7-24-06.)
 
24     (40 ILCS 5/7-139.12 new)

 

 

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1     Sec. 7-139.12. Transfer of creditable service to Article
2 14. A person employed by the Chicago Metropolitan Agency for
3 Planning (formerly the Regional Planning Board) on the
4 effective date of this Section who was a member of the State
5 Employees' Retirement System of Illinois as an employee of the
6 Chicago Area Transportation Study may apply for transfer of his
7 or her creditable service as an employee of the Chicago
8 Metropolitan Agency for Planning upon payment of (1) the
9 amounts accumulated to the credit of the applicant for such
10 service on the books of the Fund on the date of transfer and
11 (2) the corresponding municipality credits, including
12 interest, on the books of the Fund on the date of transfer.
13 Participation in this Fund with respect to the transferred
14 credits shall terminate on the date of transfer.
 
15     (40 ILCS 5/14-103.05)  (from Ch. 108 1/2, par. 14-103.05)
16     Sec. 14-103.05. Employee.
17     (a) Any person employed by a Department who receives salary
18 for personal services rendered to the Department on a warrant
19 issued pursuant to a payroll voucher certified by a Department
20 and drawn by the State Comptroller upon the State Treasurer,
21 including an elected official described in subparagraph (d) of
22 Section 14-104, shall become an employee for purpose of
23 membership in the Retirement System on the first day of such
24 employment.
25     A person entering service on or after January 1, 1972 and

 

 

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1 prior to January 1, 1984 shall become a member as a condition
2 of employment and shall begin making contributions as of the
3 first day of employment.
4     A person entering service on or after January 1, 1984
5 shall, upon completion of 6 months of continuous service which
6 is not interrupted by a break of more than 2 months, become a
7 member as a condition of employment. Contributions shall begin
8 the first of the month after completion of the qualifying
9 period.
10     A person employed by the Chicago Metropolitan Agency for
11 Planning on the effective date of this amendatory Act of the
12 95th General Assembly who was a member of this System as an
13 employee of the Chicago Area Transportation Study and makes an
14 election under Section 14-104.13 to participate in this System
15 for his or her employment with the Chicago Metropolitan Agency
16 for Planning.
17     The qualifying period of 6 months of service is not
18 applicable to: (1) a person who has been granted credit for
19 service in a position covered by the State Universities
20 Retirement System, the Teachers' Retirement System of the State
21 of Illinois, the General Assembly Retirement System, or the
22 Judges Retirement System of Illinois unless that service has
23 been forfeited under the laws of those systems; (2) a person
24 entering service on or after July 1, 1991 in a noncovered
25 position; or (3) a person to whom Section 14-108.2a or
26 14-108.2b applies.

 

 

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1     (b) The term "employee" does not include the following:
2         (1) members of the State Legislature, and persons
3     electing to become members of the General Assembly
4     Retirement System pursuant to Section 2-105;
5         (2) incumbents of offices normally filled by vote of
6     the people;
7         (3) except as otherwise provided in this Section, any
8     person appointed by the Governor with the advice and
9     consent of the Senate unless that person elects to
10     participate in this system;
11         (3.1) any person serving as a commissioner of an ethics
12     commission created under the State Officials and Employees
13     Ethics Act unless that person elects to participate in this
14     system with respect to that service as a commissioner;
15         (3.2) any person serving as a part-time employee in any
16     of the following positions: Legislative Inspector General,
17     Special Legislative Inspector General, employee of the
18     Office of the Legislative Inspector General, Executive
19     Director of the Legislative Ethics Commission, or staff of
20     the Legislative Ethics Commission, regardless of whether
21     he or she is in active service on or after July 8, 2004
22     (the effective date of Public Act 93-685), unless that
23     person elects to participate in this System with respect to
24     that service; in this item (3.2), a "part-time employee" is
25     a person who is not required to work at least 35 hours per
26     week;

 

 

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1         (3.3) any person who has made an election under Section
2     1-123 and who is serving either as legal counsel in the
3     Office of the Governor or as Chief Deputy Attorney General;
4         (4) except as provided in Section 14-108.2 or
5     14-108.2c, any person who is covered or eligible to be
6     covered by the Teachers' Retirement System of the State of
7     Illinois, the State Universities Retirement System, or the
8     Judges Retirement System of Illinois;
9         (5) an employee of a municipality or any other
10     political subdivision of the State;
11         (6) any person who becomes an employee after June 30,
12     1979 as a public service employment program participant
13     under the Federal Comprehensive Employment and Training
14     Act and whose wages or fringe benefits are paid in whole or
15     in part by funds provided under such Act;
16         (7) enrollees of the Illinois Young Adult Conservation
17     Corps program, administered by the Department of Natural
18     Resources, authorized grantee pursuant to Title VIII of the
19     "Comprehensive Employment and Training Act of 1973", 29 USC
20     993, as now or hereafter amended;
21         (8) enrollees and temporary staff of programs
22     administered by the Department of Natural Resources under
23     the Youth Conservation Corps Act of 1970;
24         (9) any person who is a member of any professional
25     licensing or disciplinary board created under an Act
26     administered by the Department of Professional Regulation

 

 

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1     or a successor agency or created or re-created after the
2     effective date of this amendatory Act of 1997, and who
3     receives per diem compensation rather than a salary,
4     notwithstanding that such per diem compensation is paid by
5     warrant issued pursuant to a payroll voucher; such persons
6     have never been included in the membership of this System,
7     and this amendatory Act of 1987 (P.A. 84-1472) is not
8     intended to effect any change in the status of such
9     persons;
10         (10) any person who is a member of the Illinois Health
11     Care Cost Containment Council, and receives per diem
12     compensation rather than a salary, notwithstanding that
13     such per diem compensation is paid by warrant issued
14     pursuant to a payroll voucher; such persons have never been
15     included in the membership of this System, and this
16     amendatory Act of 1987 is not intended to effect any change
17     in the status of such persons;
18         (11) any person who is a member of the Oil and Gas
19     Board created by Section 1.2 of the Illinois Oil and Gas
20     Act, and receives per diem compensation rather than a
21     salary, notwithstanding that such per diem compensation is
22     paid by warrant issued pursuant to a payroll voucher; or
23         (12) a person employed by the State Board of Higher
24     Education in a position with the Illinois Century Network
25     as of June 30, 2004, who remains continuously employed
26     after that date by the Department of Central Management

 

 

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1     Services in a position with the Illinois Century Network
2     and participates in the Article 15 system with respect to
3     that employment.
4     (c) An individual who represents or is employed as an
5 officer or employee of a statewide labor organization that
6 represents members of this System may participate in the System
7 and shall be deemed an employee, provided that (1) the
8 individual has previously earned creditable service under this
9 Article, (2) the individual files with the System an
10 irrevocable election to become a participant within 6 months
11 after the effective date of this amendatory Act of the 94th
12 General Assembly, and (3) the individual does not receive
13 credit for that employment under any other provisions of this
14 Code. An employee under this subsection (c) is responsible for
15 paying to the System both (i) employee contributions based on
16 the actual compensation received for service with the labor
17 organization and (ii) employer contributions based on the
18 percentage of payroll certified by the board; all or any part
19 of these contributions may be paid on the employee's behalf or
20 picked up for tax purposes (if authorized under federal law) by
21 the labor organization.
22     A person who is an employee as defined in this subsection
23 (c) may establish service credit for similar employment prior
24 to becoming an employee under this subsection by paying to the
25 System for that employment the contributions specified in this
26 subsection, plus interest at the effective rate from the date

 

 

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1 of service to the date of payment. However, credit shall not be
2 granted under this subsection (c) for any such prior employment
3 for which the applicant received credit under any other
4 provision of this Code or during which the applicant was on a
5 leave of absence.
6 (Source: P.A. 93-685, eff. 7-8-04; 93-839, eff. 7-30-04;
7 93-1069, eff. 1-15-05; 94-1111, eff. 2-27-07.)
 
8     (40 ILCS 5/14-104.13 new)
9     Sec. 14-104.13. Chicago Metropolitan Agency for Planning;
10 employee election.
11     (a) Within one year after the effective date of this
12 Section, a person employed by the Chicago Metropolitan Agency
13 for Planning (formerly the Regional Planning Board) on the
14 effective date of this Section who was a member of this System
15 as an employee of the Chicago Area Transportation Study may
16 elect to participate in this System for his or her employment
17 with the Chicago Metropolitan Agency for Planning.
18     (b) An employee who elects to participate in the System
19 pursuant to subsection (a) may elect to transfer any creditable
20 service earned by the employee under the Illinois Municipal
21 Retirement Fund for his or her employment with the Chicago
22 Metropolitan Agency for Planning (formerly the Regional
23 Planning Board) upon payment to this System of the amount by
24 which (1) the employer and employee contributions that would
25 have been required if the employee had participated in this

 

 

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1 System during the period for which the credit under Section
2 7-139.12 is being transferred, plus interest thereon from the
3 date of such participation to the date of payment, exceeds (2)
4 the amounts actually transferred under Section 7-139.12 to this
5 System.
 
6     Section 10. The Regional Planning Act is amended by
7 changing Sections 5, 10, 15, 20, 25, 45, 55, 60, and 65 and by
8 adding Sections 44, 47, 48, 51, 55, 61, 62, 63, and 65 as
9 follows:
 
10     (70 ILCS 1707/5)
11     Sec. 5. Purpose. The General Assembly declares and
12 determines that a streamlined, consolidated regional planning
13 agency is necessary in order to plan for the most effective
14 public and private investments in the northeastern Illinois
15 region and to better integrate plans for land use and
16 transportation. The purpose of this Act is to define and
17 describe the powers and responsibilities of the Chicago
18 Metropolitan Agency for Planning, a unit of government whose
19 purpose it is to effectively address the development and
20 transportation challenges in the northeastern Illinois region.
21 It is the intent of the General Assembly to consolidate,
22 through an orderly transition, the functions of the
23 Northeastern Illinois Planning Commission (NIPC) and the
24 Chicago Area Transportation Study (CATS) in order to address

 

 

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1 the development and transportation challenges in the
2 northeastern Illinois region.
3 (Source: P.A. 94-510, eff. 8-9-05.)
 
4     (70 ILCS 1707/10)
5     Sec. 10. Definitions.
6     "Board" means the Regional Planning Board of the Chicago
7 Metropolitan Agency for Planning.
8     "CMAP" means the Chicago Metropolitan Agency for Planning.
9     "CATS" means the Chicago Area Transportation Study.
10     "CATS Policy Committee" means the policy board of the
11 Chicago Area Transportation Study.
12     "Chief elected county official" means the Board Chairman in
13 DuPage, Kane, Kendall, Lake, and McHenry Counties and the
14 County Executive in Will County.
15     "Fiscal year" means the fiscal year of the State.
16     "IDOT" means the Illinois Department of Transportation.
17     "MPO" means the metropolitan planning organization
18 designated under 23 U.S.C. 134.
19     "Members" means the members of the Regional Planning Board.
20     "NIPC" means the Northeastern Illinois Planning
21 Commission.
22     "Person" means an individual, partnership, firm, public or
23 private corporation, State agency, transportation agency, or
24 unit of local government.
25     "Policy Committee" means the decision-making body of the

 

 

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1 MPO.
2     "Region" or "northeastern Illinois region" means Cook,
3 DuPage, Kane, Kendall, Lake, McHenry, and Will Counties.
4     "State agency" means "agency" as defined in Section 1-20 of
5 the Illinois Administrative Procedure Act.
6     "Transition period" means the period of time the Regional
7 Planning Board takes to fully implement the funding and
8 implementation strategy described under subsection (a) of
9 Section 15.
10     "Transportation agency" means the Regional Transportation
11 Authority and its Service Boards; the Illinois Toll Highway
12 Authority; the Illinois Department of Transportation; and the
13 transportation functions of units of local government.
14     "Unit of local government" means a unit of local
15 government, as defined in Section 1 of Article VII of the
16 Illinois Constitution, that is located within the jurisdiction
17 and area of operation of the Board.
18     "USDOT" means the United States Department of
19 Transportation.
20 (Source: P.A. 94-510, eff. 8-9-05.)
 
21     (70 ILCS 1707/15)
22     Sec. 15. Chicago Metropolitan Agency for Planning;
23 structure Regional Planning Board; powers.
24     (a) The Chicago Metropolitan Agency for Planning Regional
25 Planning Board is established as a political subdivision, body

 

 

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1 politic, and municipal corporation. The Board shall be
2 responsible for developing and adopting a funding and
3 implementation strategy for an integrated land use and
4 transportation planning process for the northeastern Illinois
5 region. The strategy shall include a process for the orderly
6 transition of the CATS Policy Committee to be a standing
7 transportation planning body of the Board and NIPC to be a
8 standing comprehensive planning body of the Board. The CATS
9 Policy Committee and NIPC shall continue to exist and perform
10 their duties throughout the transition period. The strategy
11 must also include recommendations for legislation for
12 transition, which must contain a complete description of
13 recommended comprehensive planning functions of the Board and
14 an associated funding strategy and recommendations related to
15 consolidating the functions of the Board, the CATS Policy
16 Committee, and NIPC. The Board shall submit its strategy to the
17 General Assembly no later than September 1, 2006.
18     (b) (Blank.) The Regional Planning Board shall, in addition
19 to those powers enumerated elsewhere in this Act:
20         (1) Provide a policy framework under which all regional
21     plans are developed.
22         (2) Coordinate regional transportation and land use
23     planning.
24         (3) Identify and promote regional priorities.
25         (4) Serve as a single point of contact and direct all
26     public involvement activities.

 

 

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1         (5) Create a Citizens' Advisory Committee.
2     (c) The Board shall consist of 15 voting members as
3 follows:
4         (1) One member from DuPage County appointed
5     cooperatively by the mayors of DuPage County and the chief
6     elected county official of DuPage County.
7         (2) One member representing both Kane and Kendall
8     Counties appointed cooperatively by the mayors of Kane
9     County and Kendall County and the chief elected county
10     officials of Kane County and Kendall County.
11         (3) One member from Lake County appointed
12     cooperatively by the mayors of Lake County and the chief
13     elected county official of Lake County.
14         (4) One member from McHenry County appointed
15     cooperatively by the mayors of McHenry County and the chief
16     elected county official of McHenry County.
17         (5) One member from Will County appointed
18     cooperatively by the mayors of Will County and the chief
19     elected county official of Will County.
20         (6) Five members from the City of Chicago appointed by
21     the Mayor of the City of Chicago.
22         (7) One member from that portion of Cook County outside
23     of the City of Chicago appointed by the President of the
24     Cook County Board of Commissioners.
25         (8) Four members from that portion of Cook County
26     outside of the City of Chicago appointed, with the consent

 

 

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1     of the President of the Cook County Board of Commissioners,
2     as follows:
3             (i) One by the mayors representing those
4         communities in Cook County that are outside of the City
5         of Chicago and north of Devon Avenue.
6             (ii) One by the mayors representing those
7         communities in Cook County that are outside of the City
8         of Chicago, south of Devon Avenue, and north of
9         Interstate 55, and in addition the Village of Summit.
10             (iii) One by the mayors representing those
11         communities in Cook County that are outside of the City
12         of Chicago, south of Interstate 55, and west of
13         Interstate 57, excluding the communities of Summit,
14         Dixmoor, Posen, Robbins, Midlothian, Oak Forest, and
15         Tinley Park.
16             (iv) One by the mayors representing those
17         communities in Cook County that are outside of the City
18         of Chicago and east of Interstate 57, and, in addition,
19         the communities of Dixmoor, Posen, Robbins,
20         Midlothian, Oak Forest, and Tinley Park.
21 The terms of the members initially appointed to the Board shall
22 begin within 60 days after this Act takes effect.
23     (d) The CMAP Board may CATS Policy Committee and NIPC shall
24 each appoint one of their members to serve as a non-voting
25 members member of the Regional Planning Board.
26     (e) (1) The CMAP Board shall create a Wastewater Committee

 

 

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1 with the responsibility of recommending directly to the
2 Illinois Environmental Protection Agency (IEPA) the
3 appropriateness of proposed requests for modifications and
4 amendments to the established boundaries of wastewater
5 facility planning areas, requests for the creation of new
6 wastewater facility planning areas, requests for the
7 elimination of existing wastewater facility planning areas,
8 requests for new or expanded sewage treatment facilities, or
9 any other amendments to the State of Illinois Water Quality
10 Management Plan required under the federal Clean Water Act. The
11 Chairmanship of the Wastewater Committee shall rotate every 24
12 months between the individuals described in subsections
13 (e)(2)(iv) and (e)(2)(v) with the individual identified in
14 subsection (e)(2)(v) serving as chairman for the initial
15 24-month period commencing on the effective date of this
16 amendatory Act of the 95th General Assembly.
17         (2) The Wastewater Committee shall consist of 5 members
18     of the CMAP Board designated as follows:
19             (i) One member of the Wastewater Committee shall be
20         one of the CMAP Board members designated in subsection
21         (c)(1) through (c)(5).
22             (ii) One member of the Wastewater Committee shall
23         be one of the CMAP Board members designated in
24         subsection (c)(6).
25             (iii) One member of the Wastewater Committee shall
26         be one of the CMAP Board members designated in

 

 

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1         subsection (c)(7) or (c)(8).
2             (iv) One member of the Wastewater Committee shall
3         be a person appointed by the President of the
4         Metropolitan Water Reclamation District of Greater
5         Chicago (and who does not need to serve on the CMAP
6         Board).
7             (v) One member of the Wastewater Committee shall be
8         a person appointed by the President of the largest
9         statewide association of wastewater agencies (and who
10         does not need to serve on the CMAP Board).
11         (3) Terms of the members of the Wastewater Committee
12     shall be consistent with those identified in Section 25,
13     except that the term of the member of the Wastewater
14     Committee appointed by the President of the Metropolitan
15     Water Reclamation District of Greater Chicago shall expire
16     on July 1, 2009, and the term of the member of the
17     Wastewater Committee appointed by the President of the
18     largest statewide association of wastewater agencies shall
19     expire on July 1, 2009.
20     (f) With the exception of matters considered and
21 recommended by the Wastewater Committee directly to the IEPA,
22 which shall require only a concurrence of a simple majority of
23 the Wastewater Committee members in office, concurrence
24 Concurrence of four-fifths of the Board members in office is
25 necessary for the Board to take any action, including remanding
26 regional plans with comments to the CATS Policy Committee and

 

 

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1 NIPC.
2 (Source: P.A. 94-510, eff. 8-9-05.)
 
3     (70 ILCS 1707/20)
4     Sec. 20. Duties. In addition to those duties enumerated
5 elsewhere in this Act, the Regional Planning Board shall:
6         (a) (1) Hire an executive director to act as the chief
7     administrative officer and to direct and coordinate all
8     staff work.
9         (b) Provide a policy framework under which all regional
10     plans are developed.
11         (c) Coordinate regional transportation and land use
12     planning.
13         (d) Identify and promote regional priorities. to
14     coordinate staff work of CATS and NIPC. The executive
15     director shall hire a deputy for comprehensive planning and
16     a deputy for transportation planning with the approval of
17     NIPC and the CATS Policy Committee, respectively.
18         (2) Merge the staffs of CATS and NIPC into a single
19     staff over a transition period that protects current
20     employees' benefits.
21         (3) Secure agreements with funding agencies to provide
22     support for Board operations.
23         (4) Develop methods to handle operational and
24     administrative matters relating to the transition,
25     including labor and employment matters, pension benefits,

 

 

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1     equipment and technology, leases and contracts, office
2     space, and excess property.
3         (5) Notwithstanding any other provision of law to the
4     contrary, within 180 days after this Act becomes law,
5     locate the staffs of CATS and NIPC within the same office.
6 (Source: P.A. 94-510, eff. 8-9-05.)
 
7     (70 ILCS 1707/25)
8     Sec. 25. Operations.
9     (a) Each appointing authority shall give notice of its
10 Board appointments to each other appointing authority, to the
11 Board, and to the Secretary of State. Within 30 days after his
12 or her appointment and before entering upon the duties of the
13 office, each Board member shall take and subscribe to the
14 constitutional oath of office and file it with the Secretary of
15 State. Board members shall hold office for a term of 4 years or
16 until successors are appointed and qualified. The terms of the
17 initial Board members shall expire as follows:
18         (1) The terms of the member from DuPage County and the
19     member representing both Kane and Kendall Counties shall
20     expire on July 1, 2007.
21         (2) The terms of those members from Lake, McHenry, and
22     Will Counties shall expire on July 1, 2009.
23         (3) As designated at the time of appointment, the terms
24     of 2 members from the City of Chicago shall expire on July
25     1, 2007 and the terms of 3 members from the City of Chicago

 

 

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1     shall expire on July 1, 2009.
2         (4) The term of the member appointed by the President
3     of the Cook County Board of Commissioners shall expire on
4     July 1, 2007.
5         (5) The terms of those members appointed, with the
6     consent of the President of the Cook County Board of
7     Commissioners, by the mayors representing those
8     communities in Cook County that are outside of the City of
9     Chicago and north of Devon Avenue shall expire on July 1,
10     2007.
11         (6) The terms of those members appointed, with the
12     consent of the President of the Cook County Board of
13     Commissioners, by the mayors representing those
14     communities in Cook County that are outside of the City of
15     Chicago, south of Interstate 55, and west of Interstate 57,
16     excluding the communities of Summit, Dixmoor, Posen,
17     Robbins, Midlothian, Oak Forest, and Tinley Park, shall
18     expire on July 1, 2007.
19         (7) The terms of those members appointed, with the
20     consent of the President of the Cook County Board of
21     Commissioners, by the mayor representing those communities
22     in Cook County that are outside of the City of Chicago,
23     south of Devon Avenue, and north of Interstate 55, and, in
24     addition, the Village of Summit, shall expire on July 1,
25     2009.
26         (8) The terms of those members appointed, with the

 

 

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1     consent of the President of the Cook County Board of
2     Commissioners, by the mayors representing those
3     communities in Cook County that are outside of the City of
4     Chicago and east of Interstate 57, and, in addition, the
5     communities of Dixmoor, Posen, Robbins, Midlothian, Oak
6     Forest, and Tinley Park, shall expire on July 1, 2009.
7     (b) If a vacancy occurs, the appropriate appointing
8 authority shall fill the vacancy by an appointment for the
9 unexpired term. Board members shall receive no compensation,
10 but shall be reimbursed for expenses incurred in the
11 performance of their duties.
12     (c) The Board shall be so appointed as to represent the
13 City of Chicago, that part of Cook County outside the City of
14 Chicago, and that part of the metropolitan region outside of
15 Cook County on a one man one vote basis. Within 6 months after
16 the release of each certified federal decennial census, the
17 Board shall review its composition and, if a change is
18 necessary in order to comply with the representation
19 requirements of this subsection (c), shall recommend the
20 necessary revision for approval by the General Assembly.
21     (d) Regular meetings of the Board shall be held at least
22 once in each calendar quarter. The time and place of Board
23 meetings shall be fixed by resolution of the Board. Special
24 meetings of the Board may be called by the chairman or a
25 majority of the Board members. A written notice of the time and
26 place of any special meeting shall be provided to all Board

 

 

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1 members at least 3 days prior to the date fixed for the
2 meeting, except that if the time and place of a special meeting
3 is fixed at a regular meeting at which all Board members are
4 present, no such written notice is required. A majority of the
5 Board members in office constitutes a quorum for the purpose of
6 convening a meeting of the Board.
7     (e) The meetings of the Board shall be held in compliance
8 with the Open Meetings Act. The Board shall maintain records in
9 accordance with the provisions of the State Records Act.
10     (f) At its initial meeting and its first regular meeting
11 after July 1 of each year thereafter, the Board shall appoint
12 from its membership shall appoint a chairman and may appoint
13 vice chairmen chairman and shall provide the term and duties of
14 those officers pursuant to its bylaws. The vice chairman shall
15 act as chairman during the absence or disability of the
16 chairman and in case of resignation or death of the chairman.
17 Before entering upon duties of office, the chairman shall
18 execute a bond with corporate sureties to be approved by the
19 Board and shall file it with the principal office of the Board.
20 The bond shall be payable to the Board in whatever penal sum
21 may be directed and shall be conditioned upon the faithful
22 performance of the duties of office and the payment of all
23 money received by the chairman according to law and the orders
24 of the Board. The Board may appoint, from time to time, an
25 executive committee and standing and ad hoc committees to
26 assist in carrying out its responsibilities.

 

 

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1 (Source: P.A. 94-510, eff. 8-9-05.)
 
2     (70 ILCS 1707/44 new)
3     Sec. 44. Regional Data and Information Program. CMAP shall
4 be the authoritative source for regional data collection,
5 exchange, dissemination, analysis, evaluation, forecasting and
6 modeling. With the involvement of state, regional, and local
7 governments and agencies, CMAP shall create and maintain a
8 timely, ongoing, and coordinated data and information sharing
9 program that will provide the best available data on the
10 region. This program shall include a publicly accessible
11 mechanism for data access and distribution. CMAP's official
12 forecasts shall be the foundation for all planning in the
13 region.
 
14     (70 ILCS 1707/45)
15     Sec. 45. Regional comprehensive plan. At intervals not to
16 exceed every 5 years, or as needed to be consistent with
17 federal law, the Board shall develop a regional comprehensive
18 plan that integrates land use and transportation. The regional
19 comprehensive plan and any modifications to it shall be
20 developed cooperatively by the Board, the CATS Policy
21 Committee, and NIPC with the involvement of citizens, units of
22 local government, business and labor organizations,
23 environmental organizations, transportation and planning
24 agencies, State agencies, private and civic organizations,

 

 

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1 public and private providers of transportation, and land
2 preservation agencies. Any elements of the regional
3 comprehensive plan or modifications that relate to
4 transportation shall be developed cooperatively with the
5 Policy Committee. Units of local government shall continue to
6 maintain control over land use and zoning decisions.
7     Scope of Regional Comprehensive Plan. The Regional
8 Comprehensive Plan shall present the goals, policies,
9 guidelines, and recommendations to guide the physical
10 development of the Region. It shall include, but shall not be
11 limited to:
12     (a) Official forecasts for overall growth and change and an
13 evaluation of alternative scenarios for the future of the
14 Region including alternatives for public and private
15 investments in housing, economic development, preservation of
16 natural resources, transportation, water supply, flood
17 control, sewers, and other physical infrastructure. It shall
18 present a preferred plan that makes optimum use of public and
19 private resources to achieve the goals of the Plan.
20     (b) Land use and transportation policies that reflect the
21 relationship of transportation to land use, economic
22 development, the environment, air quality, and energy
23 consumption; foster the efficient movement of people and goods;
24 coordinate modes of transportation; coordinate planning among
25 federal agencies, state agencies, transportation agencies, and
26 local governments; and address the safety and equity of

 

 

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1 transportation services across the Region.
2     (c) A plan for a coordinated and integrated transportation
3 system for the region consisting of a multimodal network of
4 facilities and services to be developed over a 20-year period
5 to support efficient movement of people and goods. The
6 transportation system plan shall include statements of minimum
7 levels of service that describe the performance for each mode
8 in order to meet the goals and policies of the Plan.
9     (d) A listing of proposed public investment priorities in
10 transportation and other public facilities and utilities of
11 regional significance. The list shall include a project
12 description, an identification of the responsible agency, the
13 timeframe that the facility or utility is proposed for
14 construction or installation, an estimate of costs, and sources
15 of public and private revenue for covering such costs.
16     (e) The criteria and procedures proposed for evaluating and
17 ranking projects in the Plan and for the allocation of
18 transportation funds.
19     (f) Measures to best coordinate programs of local
20 governments, transportation agencies, and State agencies to
21 promote the goals and policies of the Regional Comprehensive
22 Plan.
23     (g) Proposals for model ordinances and agreements that may
24 be enacted by local governments.
25     (h) Recommendations for legislation as may be necessary to
26 fully implement the Regional Comprehensive Plan.

 

 

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1     (i) Developing components for regional functional issues
2 including:
3         (1) A regional housing component that documents the
4     needs for housing in the region and the extent to which
5     private-sector and public-sector programs are meeting
6     those needs; provides the framework for and facilitates
7     planning for the housing needs of the region, including the
8     need for affordable housing, especially as it relates to
9     the location of such housing proximate to job sites, and
10     develops sound strategies, programs and other actions to
11     address the need for housing choice throughout the region.
12         (2) A regional freight component, the purpose of which
13     is to create an efficient system of moving goods that
14     supports economic growth of the region and sound regional
15     and community development by identifying investments in
16     freight facilities of regional, State, and national
17     significance that will be needed to eliminate existing and
18     forecasted bottlenecks and inefficiencies in the
19     functioning of the region's freight network; recommending
20     improvements in the operation and management of the freight
21     network; and recommending policies to effect the efficient
22     multi-modal movement of goods to, through, and from the
23     region.
24         (3) A component for protecting and enhancing the
25     environment and the region's natural resources the purpose
26     of which is to improve the region's environmental health,

 

 

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1     quality of life, and community well-being by defining and
2     protecting environmentally critical areas; encouraging
3     development that does not harm environmentally critical
4     areas; promoting sustainable land use and transportation
5     practices and policies by local governments.
6         (4) Optionally, other regional components for services
7     and facilities, including, but not limited to: water,
8     sewer, transportation, solid waste, historic preservation,
9     and flood control. Such plans shall provide additional
10     goals, policies, guidelines, and supporting analyses that
11     add detail, and are consistent with, the adopted Regional
12     Comprehensive Plan.
13 (Source: P.A. 94-510, eff. 8-9-05.)
 
14     (70 ILCS 1707/47 new)
15     Sec. 47. Developments of Regional Importance. The Board
16 shall consider the regional and intergovernmental impacts of
17 proposed major developments, infrastructure investments and
18 major policies and actions by public and private entities on
19 natural resources, neighboring communities, and residents. The
20 Board shall:
21     (a) Define the Scope of Developments of Regional Importance
22 (DRI) and create an efficient process for reviewing them.
23     (b) Require any DRI project sponsor, which can be either a
24 public or private entity, to submit information about the
25 proposed DRI to CMAP and neighboring communities, counties, and

 

 

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1 regional planning and transportation agencies for review.
2     (c) Review and comment on a proposed DRI regarding
3 consistency with regional plans and intergovernmental and
4 regional impacts.
5     The Board shall complete a review under this Section within
6 a timeframe established when creating the DRI process. A delay
7 in the review process either requested or agreed to by the
8 applicant shall toll the running of the review period. If the
9 Board fails to complete the review within the required period,
10 the review fee paid by the applicant under this Section shall
11 be refunded in full to the applicant. If, however, the
12 applicant withdraws the application at any time after the Board
13 commences its review, no part of the review fee shall be
14 refunded to the applicant.
 
15     (70 ILCS 1707/48 new)
16     Sec. 48. Incentives for Creating More Sustainable
17 Communities. CMAP shall establish an incentive program to
18 enable local governments and developers to: create more
19 affordable workforce housing options near jobs and transit;
20 create jobs near existing affordable workforce housing; create
21 transit-oriented development; integrate transportation and
22 land use planning; provide a range of viable transportation
23 choices in addition to the car; encourage compact and mixed-use
24 development; and support neighborhood revitalization. CMAP
25 shall work with federal, State, regional, and local agencies to

 

 

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1 identify funding opportunities for these incentives from
2 existing and proposed programs.
 
3     (70 ILCS 1707/51 new)
4     Sec. 51. Certification; cooperation between local and
5 regional plans; plan review.
6     Certification of regional plan and forecasts. Upon the
7 adoption of a Regional Plan or segment of a Regional Plan, the
8 Board shall certify a copy thereof to the State, each
9 transportation agency and each local government affected by
10 such plan. CMAP's official forecasts and plans shall be the
11 foundation for all planning in the region.
12     Agencies to provide information and cooperate. Each local
13 government, transportation agency, and State agency shall
14 cooperate with and assist the Board in carrying out its
15 functions and shall provide to the Board all information
16 requested by the Board. Counties and municipalities shall
17 submit copies of any official plans to CMAP, including but not
18 limited to comprehensive, transportation, housing, and capital
19 improvement plans.
20     Review of county and municipal plans. The Board may review
21 and comment on proposed county and municipal plans and plan
22 amendments within its jurisdiction for consistency with the
23 regional comprehensive plan and maintain a copy of such plans.
 
24     (70 ILCS 1707/55)

 

 

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1     Sec. 55. Transportation financial plan.
2     (a) Concurrent with preparation of the regional
3 transportation and comprehensive plans, the Board shall
4 prepare and adopt, in cooperation with the CATS Policy
5 Committee, a transportation financial plan for the region in
6 accordance with federal and State laws, rules, and regulations.
7     (b) The transportation financial plan shall address the
8 following matters related to the transportation agencies: (i)
9 adequacy of funding to meet identified needs; and (ii)
10 allocation of funds to regional priorities.
11     (c) The transportation financial plan may propose
12 recommendations for additional funding by the federal
13 government, the State, or units of local government that may be
14 necessary to fully implement regional plans.
15 (Source: P.A. 94-510, eff. 8-9-05.)
 
16     (70 ILCS 1707/60)
17     Sec. 60. Transportation decision-making Metropolitan
18 planning organization.
19     (a) The It is the intent of this Act that the CATS Policy
20 Committee is , as the Transportation Planning Committee for the
21 Board, remain the federally designated Metropolitan Planning
22 Organization for the Chicago region under the requirements of
23 federal regulations promulgated by USDOT. The CATS Policy
24 Committee shall prepare and approve all plans, reports, and
25 programs required of an MPO, including the federally mandated

 

 

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1 Regional Transportation Plan, Transportation Improvement
2 Program and Unified Work Program.
3     (b) It is the intent of this Act that the transportation
4 planning and investment decision-making process be fully
5 integrated into the regional planning process.
6     (c) The Board, in cooperation with local governments and
7 transportation providers, shall develop and adopt a process for
8 making the transportation decisions that require final MPO
9 approval pursuant to federal law. That process shall comply
10 with all applicable federal requirements. The adopted process
11 shall ensure that all MPO plans, reports, and programs shall be
12 approved by the CMAP Board prior to final approval by the MPO.
13     (d) The Board shall continue directly involving local
14 elected officials in federal program allocation decisions for
15 the Surface Transportation Program and Congestion Mitigation
16 and Air Quality funds and in addressing other regional
17 transportation issues.
18     (b) The processes previously established by the CATS Policy
19 Committee shall be continued as the means by which local
20 elected officials program federal Surface Transportation
21 Program and Congestion, Mitigation, and Air Quality funds and
22 address other regional transportation issues.
23 (Source: P.A. 94-510, eff. 8-9-05.)
 
24     (70 ILCS 1707/61 new)
25     Sec. 61. Agency Designated Planning Grant Recipient and

 

 

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1 Other Designations. The Board is eligible to apply for and
2 receive federal grants for regional planning in the
3 northeastern Illinois region. The Board shall review
4 applications requesting significant federal grants to
5 transportation agencies and local governments based on
6 criteria including conformity with the Regional Comprehensive
7 Plan and relevant functional components.
 
8     (70 ILCS 1707/62 new)
9     Sec. 62. Board Funding. In order to carry out any of the
10 powers or purposes of CMAP, the Board shall be involved in the
11 allocation of traditional sources of funds such as those from
12 the federal Metropolitan Planning Program and CMAQ as well as
13 non-traditional federal funds consistent with the Board's
14 broader mission. These funds may be supplemented by fees for
15 services and by grants from nongovernmental agencies. The Board
16 may also pursue and accept funding from State, regional, and
17 local sources in order to meet its planning objectives.
18     Additional funding shall be provided to CMAP to support
19 those functions and programs authorized by this Act.
 
20     (70 ILCS 1707/63 new)
21     Sec. 63. Succession; Transfers Related to NIPC. CMAP shall
22 succeed to all rights and interests of NIPC. Such transfer and
23 succession shall not limit or restrict any power or authority
24 of CMAP exercised pursuant to this Act and shall not limit any

 

 

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1 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 15. 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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1     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.".