(70 ILCS 3615/5.05) (from Ch. 111 2/3, par. 705.05)

Sec. 5.05.

Opt Out.

(a) Notwithstanding any other provision of this
Act, if the County Board of the County of DuPage, Kane, Lake, McHenry or
Will by ordinance authorizes that such county shall elect to terminate the
powers of the Authority and the Suburban Bus Division in that County, the
Secretary of such County Board shall certify that proposition to the proper
election officials, who shall submit such proposition at an election in
accordance with the general election law to decide whether or not the County
shall opt out; and if a majority of the voters voting upon the proposition
is in favor of terminating the powers of the Authority and the Suburban
Bus Division those powers shall be terminated.

The form of the ballot to be used at the referendum shall be substantially
as follows:

---------------------------------------------------------------------------------------------------------------------
    Shall ..... County Terminate the
Powers of the Regional Transportation        YES
Authority and the Suburban Bus          ---------------------------------------------------------------------
Division in .... County                       NO
on ..... (date)
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If a majority of the voters vote in favor of terminating the powers of
the Authority and the Suburban Bus Division then all of the powers of the
Authority and the Suburban Bus Division shall terminate in such county
except those powers and functions which the Authority determines to be
necessary to exercise with regard to:

(i) public transportation by commuter rail, and related public transportation

facilities;

(ii) public transportation other than by commuter rail which is required in order to

comply with federal or State laws and regulations, and related public transportation facilities; and

(iii) public transportation other than by commuter rail provided by the Suburban Bus

Division pursuant to contract with the County or other governmental entity therein, and related public transportation facilities.

(b) The termination of the powers of the Authority and the Suburban Bus
Division referred to in paragraph
(a) of this Section with respect to any County shall occur on approval of
the referendum by the electors provided on or prior to the date of such
termination, such County shall have:

(i) assumed the obligations of the Authority under all laws, federal or State, and all

contracts with respect to public transportation or public transportation facilities in such County, which statutory or contractual obligations extend beyond the termination date provided for in accordance with paragraph (c) of this Section provided that such obligations shall not be deemed to include any indebtedness of the Authority for borrowed money;

(ii) agreed to indemnify and hold harmless the Authority against any and all claims,

actions and liabilities arising out of or in connection with the termination of the Authority's powers and functions pursuant to paragraph (a) of this Section; and

(iii) taken or caused to be taken all necessary actions and fulfilled or caused to be

fulfilled all requirements under federal and State laws, rules and regulations with respect to such termination and any related transfers of assets or liabilities of the Authority.  A County may, by mutual agreement with the Authority, permit the Authority to fulfill one or more contracts which by their terms extend beyond the termination date provided for in accordance with paragraph (c) of this Section, in which case the powers and functions of the Authority in that County shall survive only to the extent deemed necessary by the Authority to fulfill said contract or contracts. The satisfaction of the requirements provided for in this paragraph shall be evidenced in such manner as the Authority may require.

(c) Following an election to terminate the powers of the Authority and
the Suburban Bus Division at a referendum held under paragraph (a) of this
Section the County Board shall notify the Authority of the results of the
referendum which notice shall specify a termination date, which is the last
day of the calendar month, but no earlier than December 31, 1984.  Unless
the termination date is extended by mutual agreement between the County
and the Authority, the termination of the powers and functions of the Authority
in the County shall occur at midnight on the termination date, provided
that the requirements of this Section have been met.

(d) The proceeds of taxes imposed by the Authority under Sections 4.03
and 4.03.1 collected after the termination date within a County wherein
the powers of the Authority and the Suburban Bus Division have been
terminated under this Section shall
be provided by the Authority
to the Commuter Rail Board to support services under the jurisdiction of
the Commuter Rail Board which are attributable to that County, as determined
by the Commuter Rail Board. Any proceeds which are in excess of that necessary
to support such services shall be paid by the Authority to that County to
be expended for general transportation purposes in accordance with law.
If no services under the jurisdiction of the Commuter Rail Board are provided
in a County wherein the powers of the Authority have been terminated under
this Section, all proceeds of taxes imposed by the Authority in the County
shall be paid by the Authority to the County to be expended for general
transportation purposes in accordance with law.  The Authority or the Suburban
Bus Division has no obligation to see that the funds expended under this
paragraph by the County are spent for general transportation purposes in
accordance with law.

(Source: P.A. 83-885; 83-886.)