Rep. Michael W. Tryon

Filed: 5/9/2012

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2937

2    AMENDMENT NO. ______. Amend Senate Bill 2937 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Local Mass Transit District Act is amended
5by changing Sections 2, 3, and 5.1 as follows:
 
6    (70 ILCS 3610/2)  (from Ch. 111 2/3, par. 352)
7    Sec. 2. Definitions. For the purposes of this Act:
8    (a) "Mass transit facility" means any local public
9transportation facility, whether buses, trolley-buses, or
10railway systems, utilized by a substantial number of persons
11for their daily transportation, and includes not only the local
12public transportation facility itself but ancillary and
13supporting facilities such as, for example, motor vehicle
14parking facilities, as well.
15    (b) "Participating municipality and county" means the
16municipality or municipalities, county or counties creating

 

 

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1the local Mass Transit District pursuant to Section 3 of this
2Act.
3    (c) "Municipality" means a city, village, township, or
4incorporated town.
5    (d) "Corporate authorities" means (1) the city council or
6similar body of a city, (2) the board of trustees or similar
7body of a village or incorporated town, (3) the council of a
8municipality under the commission form of municipal
9government, and (4) the board of trustees in a township.
10    (e) "County board" means the governing board of a county.
11    (f) "District" means a local Mass Transit District created
12pursuant to Section 3 of this Act.
13    (g) "Board" means the Board of Trustees of a local Mass
14Transit District created pursuant to Section 3 of this Act.
15    (h) "Interstate transportation authority" shall mean any
16political subdivision created by compact between this State and
17another state, which is a body corporate and politic and a
18political subdivision of both contracting states, and which
19operates a public mass transportation system.
20    (i) "Metro East Mass Transit District" means one or more
21local mass transit districts created pursuant to this Act,
22composed only of Madison, St. Clair or Monroe Counties, or any
23combination thereof or any territory annexed to such district.
24    (j) "Public mass transportation system" shall mean a
25transportation system or systems owned and operated by an
26interstate transportation authority, a municipality, District,

 

 

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1or other public or private authority, employing motor busses,
2rails or any other means of conveyance, by whatsoever type or
3power, operated for public use in the conveyance of persons,
4mainly providing local transportation service within an
5interstate transportation district, municipality, or county.
6    (k) "Southeast Commuter Rail Transit District" means one or
7more local mass transit districts created pursuant to this Act,
8composed only of municipalities located within Cook County or
9Will County, or both, or any territory annexed to such
10district.
11    (l) "Northwest Metra Commuter Rail District" means one or
12more local mass transit districts created pursuant to this Act,
13composed only of municipalities located within McHenry County,
14or any territory annexed to such district.
15(Source: P.A. 95-331, eff. 8-21-07; 96-1542, eff. 3-8-11.)
 
16    (70 ILCS 3610/3)  (from Ch. 111 2/3, par. 353)
17    Sec. 3. Creation of a district. For the purpose of
18acquiring, constructing, owning, operating and maintaining
19mass transit facilities for public service or subsidizing the
20operation thereof a local Mass Transit District may be created,
21composed of one or more municipalities or one or more counties
22or any combination thereof, by ordinance approved by a majority
23vote of the corporate authorities or by resolution approved by
24a majority vote of the county board of each participating
25municipality and county. A Metro East Mass Transit District

 

 

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1created by one or more counties shall include: (1) those
2townships which were served by regularly scheduled mass transit
3routes operated by an interstate transportation authority on
4June 1, 1980; (2) in the case of a county without townships,
5any municipality or unincorporated portion of a road district
6which was served by regularly scheduled mass transit routes
7operated by an interstate transportation authority on June 1,
81980; (3) any other townships or municipalities whose
9participation is approved by ordinance adopted by a majority
10vote of their Board of Trustees or corporate authorities; plus
11(4) in the case of a county without townships, the
12unincorporated portion of any road district, the participation
13of which is approved by an ordinance adopted by a majority vote
14of the Board of Commissioners of the county in which it is
15located. Such District shall be known as the ".... Mass Transit
16District", inserting all or any significant part of the name or
17names of the municipality or the county, or both, creating the
18District, or a name descriptive of the area to be served if the
19District is created by more than one municipality, more than
20one county, or any combination thereof. A Southeast Commuter
21Rail Transit District shall include: the Village of Crete, the
22Village of Steger, the Village of South Chicago Heights, the
23City of Chicago Heights, the Village of Glenwood, the Village
24of Thornton, the Village of South Holland, the Village of
25Dolton, the City of Calumet City, the Village of Lansing, and
26the Village of Lynwood. A Northwest Metra Commuter Rail

 

 

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1District shall include all municipalities located within
2McHenry County.
3    The District created pursuant to this Act shall be a
4municipal corporation and shall have the right of eminent
5domain to acquire private property which is necessary for the
6purposes of the District, and shall have the power to contract
7for public mass transportation with an Interstate
8Transportation Authority.
9    Upon the creation of any District, the clerk of the
10municipality or of the county, or the clerks of the several
11municipalities or counties, as the case may be, shall certify a
12copy of the ordinance or resolution creating the District, and
13the names of the persons first appointed Trustees thereof, and
14shall file the same with the county clerk for recording as
15certificates of incorporation and the county clerk shall cause
16duplicate certified copies thereof to be filed with the
17Secretary of State.
18(Source: P.A. 96-1542, eff. 3-8-11.)
 
19    (70 ILCS 3610/5.1)  (from Ch. 111 2/3, par. 355.1)
20    Sec. 5.1. (a) The Board of Trustees of any district created
21after July 1, 1967 (except districts created under Section 3.1)
22has no authority to levy the tax provided for in subparagraph
23(10) of paragraph (f) of Section 5 unless the question of
24authorizing such tax is submitted to the voters of the district
25and approved by a majority of the voters of the district voting

 

 

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1on the question.
2    The board of trustees of any such district may by
3resolution cause such question to be submitted to the voters of
4the district at a regular election as specified in such
5resolution. The question shall be certified, submitted and
6notice of the election shall be given in accordance with the
7general election law. The proposition shall be in substantially
8the following form:
9-------------------------------------------------------------
10    Shall the board of trustees of........
11Mass Transit District be authorized to levy a    YES
12tax on property within the district at a rate  --------------
13of not to exceed .25% on the assessed value      NO
14of such property?
15-------------------------------------------------------------
16    (b) The Board of Trustees of any district which has the
17authority to levy the tax at a rate not to exceed .05% provided
18for in subparagraph (10) of paragraph (f) of Section 5 of this
19Act before the effective date of this amendatory Act of 1974
20does not have the authority to increase the tax levy to a rate
21not to exceed .25% unless the question of increasing the taxing
22authority is submitted to the voters of the district and
23approved by a majority of the voters of the district voting on
24the question.
25    The Board of Trustees of any such district may by
26resolution cause such question to be submitted to the voters of

 

 

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1the district at a regular election as specified in such
2resolution. The question shall be certified, submitted and
3notice of the election shall be given in accordance with the
4general election law. The proposition shall be in substantially
5the following form:
6-------------------------------------------------------------
7    Shall the board of trustees of........
8Mass Transit District be given the authority to    YES
9increase their power to levy a tax on property
10within the district from a rate not to exceed    ------------
11.05% on the assessed value of such property
12to a rate not to exceed .25% on the assessed       NO
13value of such property?
14-------------------------------------------------------------
15    The provisions of this subsection (b) shall not apply to
16the Northwest Metra Commuter Rail District.
17(Source: P.A. 81-1489.)".