|
Public Act 097-1116
|
| SB2937 Enrolled | LRB097 16518 KMW 61687 b |
|
|
AN ACT concerning local government.
|
Be it enacted by the People of the State of Illinois,
|
represented in the General Assembly:
|
Section 5. The Local Mass Transit District Act is amended |
by changing Sections 2, 3, and 5.1 as follows:
|
(70 ILCS 3610/2) (from Ch. 111 2/3, par. 352)
|
Sec. 2. Definitions. For the purposes of this Act:
|
(a) "Mass transit facility" means any local public |
transportation
facility, whether buses, trolley-buses, or |
railway systems, utilized by
a substantial number of persons |
for their daily transportation, and
includes not only the local |
public transportation facility itself but
ancillary and |
supporting facilities such as, for example, motor vehicle
|
parking facilities, as well.
|
(b) "Participating municipality and county" means the |
municipality
or municipalities, county or counties creating |
the local Mass Transit
District pursuant to Section 3 of this |
Act.
|
(c) "Municipality" means a city, village, township, or |
incorporated
town.
|
(d) "Corporate authorities" means (1) the city council or |
similar
body of a city, (2) the board of trustees or similar |
body of a village
or incorporated town, (3) the council of a |
|
municipality under the
commission form of municipal |
government, and (4) the board of trustees
in a township.
|
(e) "County board" means the governing board of a county.
|
(f) "District" means a local Mass Transit District created |
pursuant
to Section 3 of this Act.
|
(g) "Board" means the Board of Trustees of a local Mass |
Transit
District created pursuant to Section 3 of this Act.
|
(h) "Interstate transportation authority" shall mean any |
political
subdivision created by compact between this State and |
another state, which is
a body corporate and politic and a |
political subdivision of both contracting
states, and which |
operates a public mass transportation system.
|
(i) "Metro East Mass Transit District" means one or more |
local mass transit
districts created pursuant to this Act, |
composed only of Madison, St. Clair
or Monroe Counties, or any |
combination thereof or any territory annexed to such
district.
|
(j) "Public mass transportation system" shall mean a |
transportation system
or systems owned and operated by an |
interstate transportation authority,
a municipality, District, |
or other public or private authority, employing
motor busses, |
rails or any other means of conveyance, by whatsoever type or
|
power, operated for public use in the conveyance of persons, |
mainly providing
local transportation service within an |
interstate transportation district,
municipality, or county.
|
(k) "Southeast Commuter Rail Transit District" means one or |
more local mass transit districts created pursuant to this Act, |
|
composed only of municipalities located within Cook County or |
Will County, or both, or any territory annexed to such |
district. |
(l) "Northwest Metra Commuter Rail District" means one or |
more local mass transit districts created pursuant to this Act, |
composed only of municipalities located within McHenry County, |
or any territory annexed to such district. |
(Source: P.A. 95-331, eff. 8-21-07; 96-1542, eff. 3-8-11.)
|
(70 ILCS 3610/3) (from Ch. 111 2/3, par. 353)
|
Sec. 3. Creation of a district. For the purpose of |
acquiring, constructing, owning, operating
and maintaining |
mass transit facilities for public service or
subsidizing the |
operation thereof a local Mass Transit District may be
created, |
composed of one or more municipalities or one or more counties
|
or any combination thereof, by ordinance approved by a majority |
vote of
the corporate authorities or by resolution approved by |
a majority vote
of the county board of each participating |
municipality and county.
A Metro East Mass Transit District |
created by one or more counties shall
include: (1) those |
townships which were served by regularly scheduled mass
transit |
routes operated by an interstate transportation authority on |
June
1, 1980; (2) in the case of a county without townships, |
any municipality
or unincorporated portion of a road district |
which was served by regularly
scheduled mass transit routes |
operated by an interstate transportation
authority
on June 1, |
|
1980; (3) any other townships or municipalities whose |
participation
is approved by ordinance adopted by a majority |
vote of their Board of Trustees
or corporate authorities; plus |
(4) in the case of a county without townships,
the |
unincorporated portion of any road district, the participation |
of which
is approved by an ordinance adopted by a majority vote |
of the Board of
Commissioners
of the county in which it is |
located.
Such
District shall be known as the ".... Mass Transit |
District", inserting
all or any significant part of the name or |
names of the municipality or
the county, or both, creating the |
District, or a name descriptive of the
area to be served if the |
District is created by more than one
municipality, more than |
one county, or any combination thereof. A Southeast Commuter |
Rail Transit District shall include: the Village of Crete, the |
Village of Steger, the Village of South Chicago Heights, the |
City of Chicago Heights, the Village of Glenwood, the Village |
of Thornton, the Village of South Holland, the Village of |
Dolton, the City of Calumet City, the Village of Lansing, and |
the Village of Lynwood. A Northwest Metra Commuter Rail |
District shall include all municipalities located within |
McHenry County.
|
The District created pursuant to this Act shall be a |
municipal
corporation and shall have the right of eminent |
domain to acquire
private property which is necessary for the |
purposes of the District,
and shall have the power to contract |
for public mass transportation with
an Interstate |
|
Transportation Authority.
|
Upon the creation of any District, the clerk of the |
municipality or
of the county, or the clerks of the several |
municipalities or counties,
as the case may be, shall certify a |
copy of the ordinance or resolution
creating the District, and |
the names of the persons first appointed
Trustees thereof, and |
shall file the same with the county clerk for
recording as |
certificates of incorporation and the county clerk shall
cause |
duplicate certified copies thereof to be filed with the |
Secretary
of State.
|
(Source: P.A. 96-1542, eff. 3-8-11.)
|
(70 ILCS 3610/5.1) (from Ch. 111 2/3, par. 355.1)
|
Sec. 5.1.
(a) The Board of Trustees of any district created |
after
July 1, 1967 (except districts created under Section 3.1) |
has no
authority to levy the tax provided for in subparagraph |
(10) of paragraph
(f) of Section 5 unless the question of |
authorizing such tax is
submitted to the voters of the district |
and approved by a majority of
the voters of the district voting |
on the question.
|
The board of trustees of any such district may by |
resolution cause
such question to be submitted to the voters of |
the district at a regular
election as specified in such |
resolution. The question shall
be certified, submitted and |
notice of the election shall be given
in accordance with the |
general election law. The proposition shall be in
substantially |
|
the following form:
|
-------------------------------------------------------------
|
Shall the board of trustees of........
|
Mass Transit District be authorized to levy a YES
|
tax on property within the district at a rate --------------
|
of not to exceed .25% on the assessed value NO
|
of such property?
|
-------------------------------------------------------------
|
(b) The Board of Trustees of any district which has the |
authority to
levy the tax at a rate not to exceed .05% provided |
for in subparagraph
(10) of paragraph (f) of Section 5 of this |
Act before the effective date
of this amendatory Act of 1974 |
does not have the authority to increase
the tax levy to a rate |
not to exceed .25% unless the question of
increasing the taxing |
authority is submitted to the voters of the
district and |
approved by a majority of the voters of the district voting
on |
the question.
|
The Board of Trustees of any such district may by |
resolution cause
such question to be submitted to the voters of |
the district at a regular
election as specified in such |
resolution. The question shall
be certified, submitted and |
notice of the election shall be given
in accordance with the |
general election law. The proposition shall be in
substantially |
the following form:
|
-------------------------------------------------------------
|
Shall the board of trustees of........
|
|
Mass Transit District be given the authority to YES
|
increase their power to levy a tax on property
|
within the district from a rate not to exceed ------------
|
.05% on the assessed value of such property
|
to a rate not to exceed .25% on the assessed NO
|
value of such property?
|
-------------------------------------------------------------
|
The provisions of this subsection (b) shall not apply to |
the Northwest Metra Commuter Rail District. |
(Source: P.A. 81-1489.)
|