HB4335 94TH GENERAL ASSEMBLY

LRB094 16165 HLH 51406 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4335

Introduced 12/29/2005, by Rep. Shane Cultra - Chapin Rose

SYNOPSIS AS INTRODUCED:

70 ILCS 3610/4

from Ch. 111 2/3, par. 354

Amends the Local Mass Transit District Act. Beginning with the general election in 2006, provides that the Board of Trustees for any Local Mass Transit District that is entirely within a county or that is coterminous with a county with a population of less than 250,000 and not contiguous to a county with a population of 500,000 or more shall consist of 7 elected trustees (now, the trustees are appointed by the county board). Makes corresponding changes. Effective immediately.

A BILL FOR

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 Section 4 as follows:

(70 ILCS 3610/4) (from Ch. 111 2/3, par. 354)

Sec. 4. Board of Trustees.

(a) The powers of the local Mass Transit District shall repose in, and be exercised by, a Board of Trustees.

(b) Except as otherwise provided in subsection (d), if If the District is created by only one municipality or only one county the corporate authorities or the county board chairman with the consent of the county board of such municipality or county shall appoint either 3 or 5 trustees to the Board; provided that in any Metro East Mass Transit District created by a single county, 5 trustees shall be appointed and the trustees so appointed shall be: (1) a mayor of a municipality within the District; (2) a township supervisor from within the District, or if in a county without township supervisors, another mayor within the District; (3) the county board chairman in which the District was formed or such other county board member as he shall designate; and (4) 2 members of the general public.

(c) Except as otherwise provided in subsection (d), if If the District is created by one or more municipalities or one or more counties or any combination thereof, the corporate authorities and the county board chairman of each participating municipality or county shall determine the percentage of service that the District provides to each municipality or county. Each participating municipality and county shall appoint trustees in proportion to the percentage of service received from the District by that municipality or county. The corporate authorities or the county board chairman, with the consent of the county board, of each participating municipality or county shall appoint one trustee to the Board for each 30% or fraction thereof of service that the municipality or county receives from the District. If an even number of trustees are appointed to the Board, the corporate authorities or the county board chairman, with the consent of the county board, of the municipality or county that receives the largest percentage of service from the District shall appoint one additional trustee. The first Trustees appointed to the Board and any 2 additional trustees, initially appointed as a result of this amendatory Act of 1983 shall serve for terms of 4 years or less, the terms to be staggered to the extent possible so that they expire one year apart and so that the terms of not more than 2 trustees expire in the same year, with the Trustees to serve less than 4 years to be selected by lot. Thereafter, their successors shall serve for 4 years. Vacancies shall be filled for the unexpired term in the same manner as the original appointment.

(d) Beginning with the general election in 2006, any District that is entirely within a county with a population of less than 250,000, or that is coterminous with a county with a population of less than 250,000, shall have a board of 7 trustees elected at large by the electors of the county in accordance with the general election law. The trustees elected in 2006 shall be elected to staggered terms as follows: 4 members shall serve a term of 2 years each and 3 members shall serve a term of 4 years each. Thereafter, their successors shall serve 4-year terms. The terms of all trustees in office at the time of the general election in 2006 shall terminate upon the election and qualification of the trustees elected in the general election in 2006. Within 30 days after a vacancy occurs, the term shall be filled by appointment by the county board chairman, with the advice and consent of the county board. If there remains an unexpired portion of the vacated term of more than 28 months, then the appointed trustee shall serve until the next general election, at which time a trustee shall be elected to serve for the remainder of the term. This subsection (d) does not apply to any district that is entirely within or coterminous with a county with a population of less than 250,000 if the county is contiguous to a county with a population of 500,000 or more.

(e) Except in a Metro East Mass Transit District, no Trustee of any District may be an elected official of the municipality or municipalities or county or counties creating the District. A Trustee shall hold office until his successor has been appointed and has qualified. A certificate of the appointment or reappointment of any Trustee shall be filed with the clerk or clerks and such certificate shall be conclusive evidence of the due and proper appointment of such Trustee. A Trustee shall receive, as compensation for his services, not more than $100 for each day devoted to the business of the Board but not more than $400 per month. For the purposes of this Section, each District may determine what constitutes a business day. He shall also be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his duties. The powers of each District and the Board shall be vested in the Trustees thereof in office from time to time. A majority shall constitute a quorum of the Board for the purpose of conducting its business and exercising its powers and for all other purposes. Action may be taken by the Board upon a vote of the majority of the Trustees present, unless in any case the bylaws of the Board shall require a larger number. The Board shall select a chairman and a vice-chairman from among the Trustees.

(f) No Trustee or employee of the Board shall acquire or have any interest direct or indirect in any contract or proposed contract for materials or services to be furnished or used in connection with operations of the District. For inefficiency or neglect of duty or misconduct in office, any appointed a Trustee may be removed by the person or body which made the original appointment, but the a Trustee shall be removed only after he shall have been given a copy of the charges against him at least 10 days prior to the hearing thereon and has had an opportunity to be heard in person or by counsel. In the event of the removal of any appointed Trustee, a record of the proceedings, together with the charges and findings thereon, shall be filed in the office of the clerk or clerks of the creating county or counties or municipality or municipalities.

(g) The Board shall employ a managing director of the District and may employ a secretary, treasurer, technical experts and such other officers, agents and employees, permanent and temporary, as it may require, and shall fix and determine their qualifications, duties and compensation and the amount of bond to be furnished for such offices and positions. For such legal services as it may require, the Board may call upon any chief law officers of the municipality, municipalities, or the county or counties as the case may be, or may employ and fix the compensation of its own counsel and legal staff. The Board may delegate to one or more of its agents or employees such powers and duties as it may deem proper. Notwithstanding the other provisions of this paragraph, employment of any person other than a managing director or secretary by any Metro East Mass Transit District created by a single county shall require the authorization of the county board of such county.

(h) Neither the District, the members of its Board nor its officers or employees shall be held liable for failure to provide a security or police force or, if a security or police force is provided, for failure to provide adequate police protection or security, failure to prevent the commission of crimes by fellow passengers or other third persons or for the failure to apprehend criminals.

(Source: P.A. 93-590, eff. 1-1-04; 93-792, eff. 7-22-04.)

Section 99. Effective date. This Act takes effect upon becoming law.