Sen. Terry Link

Filed: 3/7/2013

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1594

2    AMENDMENT NO. ______. Amend Senate Bill 1594 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Transportation Modernization Act.
 
6    Section 5. Purpose. The General Assembly declares and
7determines that a streamlined governance structure that
8integrates regional comprehensive planning and transit system
9oversight is necessary to conserve public resources and achieve
10the most effective public and private transportation
11investments that are vital to making the northeastern Illinois
12region competitive in the global economy. It is the intent of
13the General Assembly to merge, through an orderly transition,
14the operations and governance of the Regional Transportation
15Authority (RTA) and the Chicago Metropolitan Agency for
16Planning (CMAP) in order to most efficiently and effectively

 

 

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1address the region's development and transportation
2challenges. It is intended that the new board and agency
3resulting from this merger eliminate unnecessary and
4duplicative functions and provide the most cost-effective
5means to ensure that transit services are fast, well-planned,
6coordinated, well-maintained, efficient, convenient, safe, and
7attractive and achieve a doubling of transit use in 25 years.
 
8    Section 10. Transition Committee.
9    (a) Promptly after the effective date of this Act, the RTA
10and CMAP shall establish a Transition Committee that includes
11eight members, as follows:
12        (1) The Executive Directors of both RTA and CMAP;
13        (2) The board chairpersons of both RTA and CMAP; and
14        (3) Two other board members selected by the RTA's and
15    CMAP's respective board chairpersons.
16CMAP shall provide staffing support for the Transition
17Committee.
18    (b) Within 6 months of the effective date of this Act, the
19Executive Director of CMAP, in consultation with the other
20members of the Transition Committee, shall develop a detailed
21staff and operations integration plan to merge the staffs and
22operations of the RTA and CMAP to the fullest extent
23permissible by law. The members of the Transition Committee
24shall consult with the appointing authorities of the RTA and
25CMAP governing boards during the development of the staff and

 

 

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1operations integration plan. The staff and operations
2integration plan must address, without limitation:
3        (1) Labor and employment matters, including employee
4    pensions and benefits;
5        (2) Operational and administrative matters relating to
6    the merging of staff and operations, including equipment
7    and technology, leases and contracts, and office space;
8        (3) The alignment of functions and responsibilities of
9    the RTA and CMAP; and
10        (4) The alignment of fiscal, budgeting, and planning
11    processes of the RTA and CMAP.
12    (c) Within 8 months of the effective date of this Act, the
13Executive Director of CMAP, in consultation with the other
14members of Transition Committee and subject to applicable
15governing board authority, shall oversee the merger of the
16staff and operations of RTA into CMAP and implement those
17portions of the staff and operations integration plan that do
18not require further legislative action to effectuate.
 
19    Section 15. The Regional Planning Act is amended by
20changing Sections 10, 15, 25, 30, and 35 and by adding Sections
2125a and 25b as follows:
 
22    (70 ILCS 1707/10)
23    Sec. 10. Definitions.
24    "Board" means the Board of the Chicago Metropolitan Agency

 

 

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1for Planning.
2    "Board Transition Date" means January 1, 2014 or the first
3day of the sixth full calendar month following the effective
4date of this amendatory Act of the 98th General Assembly,
5whichever is later.
6    "CMAP" means the Chicago Metropolitan Agency for Planning.
7    "Chief elected county official" means the Board Chairman in
8DuPage, Kane, Kendall, Lake, and McHenry Counties and the
9County Executive in Will County.
10    "Fiscal year" means the fiscal year of the State.
11    "IDOT" means the Illinois Department of Transportation.
12    "MPO" means the metropolitan planning organization
13designated under 23 U.S.C. 134.
14    "Members" means the members of the Board.
15    "Person" means an individual, partnership, firm, public or
16private corporation, State agency, transportation agency, or
17unit of local government.
18    "Policy Committee" means the decision-making body of the
19MPO.
20    "Region" or "northeastern Illinois region" means Cook,
21DuPage, Kane, Kendall, Lake, McHenry, and Will Counties.
22    "Service Boards" means the Board of the Commuter Rail
23Division of the Regional Transportation Authority, the Board of
24the Suburban Bus Division of the Regional Transportation
25Authority, and the Board of the Chicago Transit Authority
26established under the "Metropolitan Transit Authority Act",

 

 

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1approved April 12, 1945, as now or hereafter amended.
2    "State agency" means "agency" as defined in Section 1-20 of
3the Illinois Administrative Procedure Act.
4    "Transportation agency" means the Regional Transportation
5Authority and its Service Boards; the Illinois Toll Highway
6Authority; the Illinois Department of Transportation; and the
7transportation functions of units of local government.
8    "Unit of local government" means a unit of local
9government, as defined in Section 1 of Article VII of the
10Illinois Constitution, that is located within the jurisdiction
11and area of operation of the Board.
12    "USDOT" means the United States Department of
13Transportation.
14(Source: P.A. 94-510, eff. 8-9-05; 95-677, eff. 10-11-07.)
 
15    (70 ILCS 1707/15)
16    Sec. 15. Chicago Metropolitan Agency for Planning;
17structure.
18    (a) The Chicago Metropolitan Agency for Planning is
19established as a political subdivision, body politic, and
20municipal corporation. The Board shall be responsible for
21developing and adopting a funding and implementation strategy
22for an integrated land use and transportation planning process
23for the northeastern Illinois region.
24    (b) (Blank.)
25    (c) Prior to the Board Transition Date, the The Board shall

 

 

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

 

 

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1            (i) One by the mayors representing those
2        communities in Cook County that are outside of the City
3        of Chicago and north of Devon Avenue.
4            (ii) One by the mayors representing those
5        communities in Cook County that are outside of the City
6        of Chicago, south of Devon Avenue, and north of
7        Interstate 55, and in addition the Village of Summit.
8            (iii) One by the mayors representing those
9        communities in Cook County that are outside of the City
10        of Chicago, south of Interstate 55, and west of
11        Interstate 57, excluding the communities of Summit,
12        Dixmoor, Posen, Robbins, Midlothian, Oak Forest, and
13        Tinley Park.
14            (iv) One by the mayors representing those
15        communities in Cook County that are outside of the City
16        of Chicago and east of Interstate 57, and, in addition,
17        the communities of Dixmoor, Posen, Robbins,
18        Midlothian, Oak Forest, and Tinley Park.
19The terms of the members initially appointed to the Board shall
20begin within 60 days after this Act takes effect.
21    (c-5) On and after the Board Transition Date, the Board
22shall consist of 18 voting members as follows:
23        (1) Five members appointed by the Mayor of the City of
24    Chicago. Each of these members shall reside in the City of
25    Chicago.
26        (2) Five members appointed by the President of the Cook

 

 

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1    County Board, with the advice and consent of the members of
2    the Cook County Board elected from districts where a
3    majority of the electors reside outside of Chicago. Each
4    member appointed under this paragraph shall reside in that
5    part of Cook County outside the City of Chicago.
6        (3) Five members appointed as follows:
7            (i) One member appointed by the Chairman of the
8        Kane County Board with the advice and consent of the
9        Kane County Board, and in consultation with the
10        Chairman of the Kendall County Board. That member shall
11        reside in Kane County.
12            (ii) One member appointed by the County Executive
13        of Will County with the advice and consent of the Will
14        County Board. That member shall reside in Will County.
15            (iii) One member appointed by the Chairman of the
16        DuPage County Board with the advice and consent of the
17        DuPage County Board. That member shall reside in DuPage
18        County.
19            (iv) One member appointed by the Chairman of the
20        Lake County Board with the advice and consent of the
21        Lake County Board. That member shall reside in Lake
22        County.
23            (v) One member appointed by the Chairman of the
24        McHenry County Board with the advice and consent of the
25        McHenry County Board. That member shall reside in
26        McHenry County.

 

 

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1        (4) Three members appointed by the Governor, selected
2    after consultation with the Senate President, the Speaker
3    of the House of Representatives, the Senate Minority
4    Leader, and the House of Representatives Minority Leader.
5    No more than two members may be from the same political
6    party as the Governor holding office at the time the
7    appointments are made. Party membership is defined as
8    having voted in the primary of the party in the last
9    primary before appointment. The residency of those members
10    shall be as follows:
11            (i) one member who resides in the City of Chicago;
12            (ii) one member who resides in Cook County outside
13        the City of Chicago; and
14            (iii) one member who resides in DuPage, Kane, Lake,
15        McHenry, or Will County.
16        The members appointed under this subsection may be
17    appointed from among the members of the governing bodies of
18    the Chicago Metropolitan Agency for Planning and the
19    Regional Transportation Authority serving prior to the
20    Board Transition Date. A member of the Board appointed
21    under this subsection shall not also serve on a Service
22    Board, as defined in Section 1.03 of the Regional
23    Transportation Authority Act. The terms of the members
24    appointed to the Board under this subsection shall begin
25    upon their appointment.
26    (d) The CMAP Board may appoint non-voting members of the

 

 

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1Board. On and after the Board Transition Date, the Board shall
2include a non-voting member appointed by the Chairman of the
3Kendall County Board. A non-voting member shall reside in
4Kendall County.
5    (e) (1) The CMAP Board shall create a Wastewater Committee
6with the responsibility of recommending directly to the
7Illinois Environmental Protection Agency (IEPA) the
8appropriateness of proposed requests for modifications and
9amendments to the established boundaries of wastewater
10facility planning areas, requests for the creation of new
11wastewater facility planning areas, requests for the
12elimination of existing wastewater facility planning areas,
13requests for new or expanded sewage treatment facilities, or
14any other amendments to the State of Illinois Water Quality
15Management Plan required under the federal Clean Water Act. The
16Chairmanship of the Wastewater Committee shall rotate every 24
17months between the individuals described in subsections
18(e)(2)(iv) and (e)(2)(v) with the individual identified in
19subsection (e)(2)(v) serving as chairman for the initial
2024-month period commencing on the effective date of this
21amendatory Act of the 95th General Assembly.
22        (2) The Wastewater Committee shall consist of 5 members
23    of the CMAP Board designated as follows:
24            (i) One member of the Wastewater Committee shall,
25        prior to the Board Transition Date, be one of the CMAP
26        Board members designated in subsection (c)(1) through

 

 

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1        (c)(5) and, on and after the Board Transition Date, one
2        of the Board members designated in subsection
3        (c-5)(3).
4            (ii) One member of the Wastewater Committee shall,
5        prior to the Board Transition Date, be one of the CMAP
6        Board members designated in subsection (c)(6) and, on
7        and after the Board Transition Date, one of the Board
8        members designated in subsection (c-5)(1).
9            (iii) One member of the Wastewater Committee
10        shall, prior to the Board Transition Date, be one of
11        the CMAP Board members designated in subsection (c)(7)
12        or (c)(8) and, on and after the Board Transition Date,
13        one of the Board members designated in subsection
14        (c-5)(2).
15            (iv) One member of the Wastewater Committee shall
16        be a person appointed by the President of the
17        Metropolitan Water Reclamation District of Greater
18        Chicago (and who does not need to serve on the CMAP
19        Board).
20            (v) One member of the Wastewater Committee shall be
21        a person appointed by the President of the largest
22        statewide association of wastewater agencies (and who
23        does not need to serve on the CMAP Board).
24        (3) Terms of the members of the Wastewater Committee
25    shall be consistent with those identified in Section 25,
26    except that the term of the member of the Wastewater

 

 

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1    Committee appointed by the President of the Metropolitan
2    Water Reclamation District of Greater Chicago shall expire
3    on July 1, 2009, and the term of the member of the
4    Wastewater Committee appointed by the President of the
5    largest statewide association of wastewater agencies shall
6    expire on July 1, 2009.
7    (f) With the exception of matters considered and
8recommended by the Wastewater Committee directly to the IEPA,
9which shall require only a concurrence of a simple majority of
10the Wastewater Committee members in office, the following
11affirmative vote requirements shall apply to actions of the
12Board:
13        (1) Prior to the Board Transition Date, concurrence of
14    four-fifths of the Board members in office is necessary for
15    the Board to take any action; and
16        (2) On and after the Board Transition Date, the
17    affirmative vote of three-fifths of the Board members in
18    office is necessary for the Board to take any action.
19        
20(Source: P.A. 94-510, eff. 8-9-05; 95-677, eff. 10-11-07.)
 
21    (70 ILCS 1707/25)
22    Sec. 25. Operations.
23    (a) Each appointing authority shall give notice of its
24Board appointments to each other appointing authority, to the
25Board, and to the Secretary of State. Within 30 days after his

 

 

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1or her appointment and before entering upon the duties of the
2office, each Board member shall take and subscribe to the
3constitutional oath of office and file it with the Secretary of
4State. Board members shall hold office for a term of 4 years or
5until successors are appointed and qualified; provided,
6however, that the terms of all members of the Board then in
7office shall expire one day before the Board Transition Date,
8and the terms of Board members appointed under subsection (c-5)
9of Section 15 of this Act shall expire as set forth in
10subsection (a-5) of this Section. On and after the Board
11Transition Date, the Board may meet and take action when 12
12members have been appointed and are qualified to enter upon the
13duties of the office under this subsection.
14    The terms of the initial Board members shall expire as
15follows:
16        (1) The terms of the member from DuPage County and the
17    member representing both Kane and Kendall Counties shall
18    expire on July 1, 2007.
19        (2) The terms of those members from Lake, McHenry, and
20    Will Counties shall expire on July 1, 2009.
21        (3) As designated at the time of appointment, the terms
22    of 2 members from the City of Chicago shall expire on July
23    1, 2007 and the terms of 3 members from the City of Chicago
24    shall expire on July 1, 2009.
25        (4) The term of the member appointed by the President
26    of the Cook County Board of Commissioners shall expire on

 

 

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

 

 

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1    Chicago and east of Interstate 57, and, in addition, the
2    communities of Dixmoor, Posen, Robbins, Midlothian, Oak
3    Forest, and Tinley Park, shall expire on July 1, 2009.
4    (a-5) The terms of the Board members appointed under
5subsection (c-5) of Section 15 of this Act shall expire as
6follows:
7        (1) the terms of the members appointed by the Chairmen
8    of the County Boards of DuPage and Kane Counties shall
9    expire on July 1, 2016;
10        (2) the terms of the members appointed by the Chairmen
11    of the County Boards of Lake and McHenry Counties and the
12    member appointed by the County Executive of Will County
13    shall expire on July 1, 2018;
14        (3) as designated at the time of appointment, the terms
15    of 2 members appointed by the Mayor of the City of Chicago
16    shall expire on July 1, 2016 and the terms of 3 members
17    appointed by the Mayor of the City of Chicago shall expire
18    on July 1, 2018;
19        (4) as designated at the time of appointment, the terms
20    of 3 of the members appointed by the President of the Cook
21    County Board shall expire on July 1, 2016 and the terms of
22    2 of the members appointed by the President of the Cook
23    County Board shall expire on July 1, 2018; and
24        (5) as designated at the time of appointment, the terms
25    of 2 of the members appointed by the Governor shall expire
26    on July 1, 2016 and the terms of 1 member appointed by the

 

 

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1    Governor shall expire on July 1, 2018.
2    (b) If a vacancy occurs, the appropriate appointing
3authority shall fill the vacancy by an appointment for the
4unexpired term. Board members shall receive no compensation,
5but shall be reimbursed for expenses incurred in the
6performance of their duties.
7    (c) The Board shall be so appointed as to represent the
8City of Chicago, that part of Cook County outside the City of
9Chicago, and that part of the metropolitan region outside of
10Cook County on a one man one vote basis. Within 6 months after
11the release of each certified federal decennial census, the
12Board shall review its composition and, if a change is
13necessary in order to comply with the representation
14requirements of this subsection (c), shall recommend the
15necessary revision for approval by the General Assembly.
16Notwithstanding the foregoing, Board composition shall not be
17revised to establish a voting member from any county that is
18not within the metropolitan region as defined in Section 1.03
19of the Regional Transportation Authority Act.
20    (d) Regular meetings of the Board shall be held at least
21once in each calendar quarter. The time and place of Board
22meetings shall be fixed by resolution of the Board. Special
23meetings of the Board may be called by the chairman or a
24majority of the Board members. A written notice of the time and
25place of any special meeting shall be provided to all Board
26members at least 3 days prior to the date fixed for the

 

 

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1meeting, except that if the time and place of a special meeting
2is fixed at a regular meeting at which all Board members are
3present, no such written notice is required. A majority of the
4Board members in office constitutes a quorum for the purpose of
5convening a meeting of the Board.
6    (e) The meetings of the Board shall be held in compliance
7with the Open Meetings Act. The Board shall maintain records in
8accordance with the provisions of the State Records Act.
9    (f) At its initial meeting and its first regular meeting
10after July 1 of each year thereafter, the Board from its
11membership shall appoint a chairman and may appoint vice
12chairmen and shall provide the term and duties of those
13officers pursuant to its bylaws. On and after the Board
14Transition Date, the appointment of the chairman shall require
15the affirmative vote of at least 13 of the then members. Before
16entering upon duties of office, the chairman shall execute a
17bond with corporate sureties to be approved by the Board and
18shall file it with the principal office of the Board. The bond
19shall be payable to the Board in whatever penal sum may be
20directed and shall be conditioned upon the faithful performance
21of the duties of office and the payment of all money received
22by the chairman according to law and the orders of the Board.
23The Board may appoint, from time to time, an executive
24committee and standing and ad hoc committees to assist in
25carrying out its responsibilities.
26(Source: P.A. 94-510, eff. 8-9-05; 95-677, eff. 10-11-07.)
 

 

 

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1    (70 ILCS 1707/25a new)
2    Sec. 25a. Recommended legislation to complete the merger of
3the Regional Transportation Authority and Chicago Metropolitan
4Agency for Planning.
5    (a) Within 9 months of the Board Transition Date, the Board
6shall prepare and recommend for enactment by the General
7Assembly legislation that meets the requirements of subsection
8(b) of this Section. Prior to submitting its recommended
9legislation to the General Assembly, the Board shall consult
10with the appointing authorities of the Board and conduct at
11least 3 public hearings in Cook County and at least one public
12hearing in each of the following counties: DuPage County, Kane
13County, Kendall County, Lake County, McHenry County, and Will
14County. Through the consultation and public hearing process,
15the Board shall develop goals, objectives, and principles to
16charge and guide the governance structure for regional
17comprehensive planning and transit oversight. These goals,
18objectives, and principles shall be in addition to the
19responsibilities of the Board and agency set forth in this Act
20and shall address and be generally consistent with the
21following:
22        (i) double the use of public transit in the
23    northeastern Illinois region by 2040;
24        (ii) ensure that transit services are well
25    coordinated, easy to use, safe, reliable, attractive, well

 

 

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1    maintained, and efficient;
2        (iii) identify and eliminate unnecessary functions of
3    RTA, CMAP, and the Service Boards;
4        (iv) eliminate duplication of functions among RTA,
5    CMAP, and the Service Boards;
6        (v) ensure that methods of raising revenue and
7    allocating funds are based on sound criteria, will reward
8    efficiency and coordinated performance, are fair, and are
9    adequate to meet the northeastern Illinois region's
10    changing needs; and
11        (vi) ensure that transit investments are consistent
12    with the regional comprehensive plan developed under
13    Section 45 of this Act.
14    (b) The legislation prepared by the Board under subsection
15(a) of this Section shall, without limitation:
16        (i) designate the name of the new agency resulting from
17    the merger of the Regional Transportation Authority and
18    CMAP;
19        (ii) merge the powers and authorities contained within
20    this Act and the Regional Transportation Authority Act;
21        (iii) address the assumption of bonds and other
22    indebtedness of the Regional Transportation Authority and
23    CMAP by the new agency resulting from their merger;
24        (iv) address the transfer of assets, liabilities, and
25    obligations to the new agency;
26        (v) address the ability of employees to transfer

 

 

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1    creditable service to the pension system utilized by the
2    new agency;
3        (vi) establish methods for allocating operating
4    subsidies to the Service Boards that will replace those
5    methods in effect as of the effective date of this
6    amendatory Act, further the goals identified in subsection
7    (a) of this Section, and be consistent with the strategic
8    planning requirements contained in Sections 2.01 and 2.01a
9    of the Regional Transportation Authority Act;
10        (vii) establish methods for allocating capital funding
11    to the Service Boards that will replace those methods in
12    effect as of the effective date of this amendatory Act of
13    the 98th General Assembly, further the goals identified in
14    subsection (a) of this Section, and be consistent with the
15    strategic planning processes and Five Year Capital Program
16    requirements contained in Sections 2.01, 2.01a, and 2.01b
17    of the Regional Transportation Authority Act; and
18        (viii) include all other provisions needed to
19    effectuate the merger of the staff, operations, and
20    functions of the RTA and CMAP into the new agency.
21    (c) Within 12 months of the Board Transition Date, the
22Board shall, in cooperation with Illinois Department of
23Transportation, the Illinois Toll Highway Authority, and the
24Service Boards, develop, adopt, and commence implementation of
25a plan to double the use of public transit in the northeastern
26Illinois region by 2040. The Board shall ensure that the plan

 

 

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1is cost-effective and financially sound. Upon adoption, the
2plan must be submitted to the Governor, the Illinois Senate
3President, the Speaker of the Illinois House of
4Representatives, the Illinois Senate Minority Leader, and the
5Illinois House of Representatives Minority Leader.
 
6    (70 ILCS 1707/25b new)
7    Sec. 25b. Coordination of Service Boards.
8    (a) By no later than July 1, 2015, the Board shall:
9        (i) develop and commence implementation of a process
10    through which the Service Boards shall engage in joint
11    procurement and purchasing of insurance, risk management
12    services, energy, fuel, and other services or commodities
13    as the Board may determine are appropriate for joint
14    purchasing for the purpose of obtaining best pricing and
15    overall value; and
16        (ii) develop and commence implementation of a system
17    under which each Service Board shall sell tickets or fare
18    cards for the fixed-route transportation services operated
19    by each of the other Service Boards, unless the Service
20    Boards operate under a unified fare payment system. The
21    ticket agents employed by each Service Board shall make
22    tickets and fare cards available to consumers for purchase
23    and shall be trained to assist consumers in accessing the
24    transportation services operated by each of the other
25    Service Boards.
 

 

 

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1    (70 ILCS 1707/30)
2    Sec. 30. Jurisdiction and area of operation. The
3jurisdiction and area of operation of the Board includes Cook,
4DuPage, Kane, Kendall, Lake, McHenry, and Will Counties. The
5Board may enter into agreements with units of local government
6located outside of, but contiguous to, its jurisdiction and
7area of operation in order to include those areas in plans for
8the region. For activities related to the MPO, the jurisdiction
9of the MPO shall be that area defined by federal requirements.
10    On and after the Board Transition Date, for the exercise of
11authority under the Regional Transportation Authority Act, the
12jurisdiction and area of operation of the Board includes only
13the metropolitan region as defined in Section 1.03 of the
14Regional Transportation Authority Act.
15(Source: P.A. 94-510, eff. 8-9-05.)
 
16    (70 ILCS 1707/35)
17    Sec. 35. General powers and authority. In addition to any
18other rights, powers, duties, or obligations granted to the
19Board under this Act or specifically granted to the Board under
20any other law, the Board has all of the following general
21powers and authority:
22        (1) To sue and be sued in its official name.
23        (2) To enter into agreements with units of local
24    government, transportation agencies, State agencies,

 

 

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1    federal agencies, and persons in order to implement any of
2    the provisions of this Act, including agreements for
3    specialized planning services.
4        (3) To accept and expend, for purposes consistent with
5    the purposes of this Act, funds and moneys from any source,
6    including gifts, bequests, grants, appropriations, loans,
7    or contributions made by any person, unit of local
8    government, the State, or the federal government.
9        (4) To enter into contracts or other transactions with
10    any unit of local government, transportation agency, State
11    agency, public or private organization, or any other source
12    in furtherance of the purpose of this Act, and to take any
13    necessary action in order to avail itself of such aid and
14    cooperation.
15        (5) To purchase, receive, take by grant, gift, devise,
16    or bequest, lease, or otherwise acquire, own, hold,
17    improve, employ, use, and otherwise deal in and with real
18    or personal property, or any interest therein, wherever
19    situated.
20        (6) To adopt, alter, or repeal its own bylaws and any
21    rules that the Board deems necessary in governing the
22    exercise of its authority and the performance of its duties
23    under this Act.
24        (7) To make purchases under this Act in compliance with
25    the Local Government Prompt Payment Act.
26        (8) To adopt an annual operating budget and work

 

 

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1    program for each fiscal year and make appropriations in
2    accordance with the Illinois Municipal Budget Law and to
3    have the power to expend such budgeted moneys.
4        (9) To exercise any other implied powers that are
5    necessary or convenient for the Board to accomplish its
6    purposes and that are not inconsistent with its expressed
7    powers.
8        (10) To cooperate with any planning agency of a state
9    contiguous to the region in order to integrate and
10    coordinate plans for development of urban areas in that
11    state with the regional comprehensive plan developed under
12    this Act.
13        (11) On and after the Board Transition Date, to serve
14    as the corporate authorities and governing body of the
15    Regional Transportation Authority under the Regional
16    Transportation Authority Act and to assume all powers and
17    duties of the Board of the Regional Transportation
18    Authority, as provided in the Regional Transportation
19    Authority Act.
20        (12) On and after the Board Transition Date, to manage
21    the operations of CMAP and the Regional Transportation
22    Authority until the time when the powers and authorities of
23    those agencies are merged, including without limitation,
24    determining the appropriate designation of all programs
25    and functions under the authority of the Board.
26        (13) On and after the Board Transition Date, to manage

 

 

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1    the operating and capital plans and expenditures of CMAP
2    and the Regional Transportation Authority in accordance
3    with the continuing evaluation, review, and audit
4    processes provided in Section 2.01(b) of the Regional
5    Transportation Authority Act.
6(Source: P.A. 94-510, eff. 8-9-05.)
 
7    Section 35. The Regional Transportation Authority Act is
8amended by changing Sections 1.03, 2.14, 3.01, 3.02, 3.03, and
93.04 as follows:
 
10    (70 ILCS 3615/1.03)  (from Ch. 111 2/3, par. 701.03)
11    Sec. 1.03. Definitions. As used in this Act:
12    "Authority" means the Regional Transportation Authority;
13    "Board" means the Board of Directors of the Regional
14Transportation Authority;
15    "Board Transition Date" means January 1, 2014 or the first
16day of the sixth full calendar month following the effective
17date of this amendatory Act of the 98th General Assembly,
18whichever is later.
19    "Construct or acquire" means plan, design, construct,
20reconstruct, improve, modify, extend, landscape, expand or
21acquire;
22    "Metropolitan Region" means all territory included within
23the territory of the Authority as provided in this Act, and
24such territory as may be annexed to the Authority;

 

 

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1    "Municipality", "County" and "Unit of Local Government"
2have the meanings given to such terms in Section 1 of Article
3VII of the Illinois Constitution;
4    "Operate" means operate, maintain, administer, repair,
5promote and any other acts necessary or proper with regard to
6such matters;
7    "Public Transportation" means the transportation or
8conveyance of persons within the metropolitan region by means
9available to the general public, including groups of the
10general public with special needs, except for transportation by
11automobiles not used for conveyance of the general public as
12passengers;
13    "Public Transportation Facilities" means all equipment or
14property, real or personal, or rights therein, useful or
15necessary for providing, maintaining or administering public
16transportation within the metropolitan region or otherwise
17useful for carrying out or meeting the purposes or powers of
18the Authority, except it shall not include roads, streets,
19highways or bridges or toll highways or toll bridges for
20general public use; and
21    "Service Boards" means the Board of the Commuter Rail
22Division of the Authority, the Board of the Suburban Bus
23Division of the Authority and the Board of the Chicago Transit
24Authority established pursuant to the "Metropolitan Transit
25Authority Act", approved April 12, 1945, as now or hereafter
26amended.

 

 

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1    "Transportation Agency" means any individual, firm,
2partnership, corporation, association, body politic, municipal
3corporation, public authority, unit of local government or
4other person, other than the Authority and the Service Boards,
5which provides public transportation, any local mass transit
6district created pursuant to the "Local Mass Transit District
7Act", as now or hereafter amended, and any urban transportation
8district created pursuant to the "Urban Transportation
9District Act", as now or hereafter amended, which districts are
10located in whole or in part within the metropolitan region.
11(Source: P.A. 83-885; 83-886.)
 
12    (70 ILCS 3615/2.14)  (from Ch. 111 2/3, par. 702.14)
13    Sec. 2.14. Appointment of Officers and Employees. The
14Authority may appoint, retain and employ officers, attorneys,
15agents, engineers and employees. The officers shall include an
16Executive Director, who shall be the chief executive officer of
17the Authority. Prior to the Board Transition Date, the
18Executive Director shall be , appointed by the Chairman with the
19concurrence of 11 of the other then Directors of the Board. On
20and after the Board Transition Date, the executive director
21hired under Section 20 of the Regional Planning Act shall also
22be the Executive Director of the Authority. The Executive
23Director shall organize the staff of the Authority, shall
24allocate their functions and duties, shall transfer such staff
25to the Suburban Bus Division and the Commuter Rail Division as

 

 

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1is sufficient to meet their purposes, shall fix compensation
2and conditions of employment of the staff of the Authority, and
3consistent with the policies of and direction from the Board,
4take all actions necessary to achieve its purposes, fulfill its
5responsibilities and carry out its powers, and shall have such
6other powers and responsibilities as the Board shall determine.
7The Executive Director must be an individual of proven
8transportation and management skills and may not be a member of
9the Board. The Authority may employ its own professional
10management personnel to provide professional and technical
11expertise concerning its purposes and powers and to assist it
12in assessing the performance of the Service Boards in the
13metropolitan region.
14    No unlawful discrimination, as defined and prohibited in
15the Illinois Human Rights Act, shall be made in any term or
16aspect of employment nor shall there be discrimination based
17upon political reasons or factors. The Authority shall
18establish regulations to insure that its discharges shall not
19be arbitrary and that hiring and promotion are based on merit.
20    The Authority shall be subject to the "Illinois Human
21Rights Act", as now or hereafter amended, and the remedies and
22procedure established thereunder. The Authority shall file an
23affirmative action program for employment by it with the
24Department of Human Rights to ensure that applicants are
25employed and that employees are treated during employment,
26without regard to unlawful discrimination. Such affirmative

 

 

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1action program shall include provisions relating to hiring,
2upgrading, demotion, transfer, recruitment, recruitment
3advertising, selection for training and rates of pay or other
4forms of compensation.
5(Source: P.A. 95-708, eff. 1-18-08.)
 
6    (70 ILCS 3615/3.01)  (from Ch. 111 2/3, par. 703.01)
7    Sec. 3.01. Board of Directors. Prior to the Board
8Transition Date, the The corporate authorities and governing
9body of the Authority shall be a Board consisting of 13
10Directors until April 1, 2008, and 16 Directors thereafter,
11appointed as follows:
12    (a) Four Directors appointed by the Mayor of the City of
13Chicago, with the advice and consent of the City Council of the
14City of Chicago, and, only until April 1, 2008, a fifth
15director who shall be the Chairman of the Chicago Transit
16Authority. After April 1, 2008, the Mayor of the City of
17Chicago, with the advice and consent of the City Council of the
18City of Chicago, shall appoint a fifth Director. The Directors
19appointed by the Mayor of the City of Chicago shall not be the
20Chairman or a Director of the Chicago Transit Authority. Each
21such Director shall reside in the City of Chicago.
22    (b) Four Directors appointed by the votes of a majority of
23the members of the Cook County Board elected from districts, a
24majority of the electors of which reside outside Chicago. After
25April 1, 2008, a fifth Director appointed by the President of

 

 

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1the Cook County Board with the advice and consent of the
2members of the Cook County Board. Each Director appointed under
3this subparagraph shall reside in that part of Cook County
4outside Chicago.
5    (c) Until April 1, 2008, 3 Directors appointed by the
6Chairmen of the County Boards of DuPage, Kane, Lake, McHenry,
7and Will Counties, as follows:
8        (i) Two Directors appointed by the Chairmen of the
9    county boards of Kane, Lake, McHenry and Will Counties,
10    with the concurrence of not less than a majority of the
11    Chairmen from such counties, from nominees by the Chairmen.
12    Each such Chairman may nominate not more than 2 persons for
13    each position. Each such Director shall reside in a county
14    in the metropolitan region other than Cook or DuPage
15    Counties.
16        (ii) One Director appointed by the Chairman of the
17    DuPage County Board with the advice and consent of the
18    DuPage County Board. Such Director shall reside in DuPage
19    County.
20    (d) After April 1, 2008, 5 Directors appointed by the
21Chairmen of the County Boards of DuPage, Kane, Lake and McHenry
22Counties and the County Executive of Will County, as follows:
23        (i) One Director appointed by the Chairman of the Kane
24    County Board with the advice and consent of the Kane County
25    Board. Such Director shall reside in Kane County.
26        (ii) One Director appointed by the County Executive of

 

 

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1    Will County with the advice and consent of the Will County
2    Board. Such Director shall reside in Will County.
3        (iii) One Director appointed by the Chairman of the
4    DuPage County Board with the advice and consent of the
5    DuPage County Board. Such Director shall reside in DuPage
6    County.
7        (iv) One Director appointed by the Chairman of the Lake
8    County Board with the advice and consent of the Lake County
9    Board. Such Director shall reside in Lake County.
10        (v) One Director appointed by the Chairman of the
11    McHenry County Board with the advice and consent of the
12    McHenry County Board. Such Director shall reside in McHenry
13    County.
14        (vi) To implement the changes in appointing authority
15    under this subparagraph (d) the three Directors appointed
16    under subparagraph (c) and residing in Lake County, DuPage
17    County, and Kane County respectively shall each continue to
18    serve as Director until the expiration of their respective
19    term of office and until his or her successor is appointed
20    and qualified or a vacancy occurs in the office. Thereupon,
21    the appointment shall be made by the officials given
22    appointing authority with respect to the Director whose
23    term has expired or office has become vacant.
24    (d-5) On and after the Board Transition Date, the corporate
25authorities and governing body of the Authority shall be the
26board appointed under subsection (c-5) of Section 15 of the

 

 

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1Regional Planning Act. All references in this Act on or after
2the Board Transition Date to the Board shall mean the board
3appointed under subsection (c-5) of Section 15 of the Regional
4Planning Act. All references in this Act on or after the Board
5Transition Date to the Directors of the Authority shall mean
6the voting members of the board appointed under subsection
7(c-5) of Section 15 of the Regional Planning Act.
8Notwithstanding anything to the contrary contained in this Act,
9any action or approval that requires the affirmative vote of
10the Directors of the Authority under this Act on and after the
11Board Transition Date may be authorized by the affirmative vote
12of three-fifths of the members of the board appointed under
13subsection (c-5) of Section 15 of the Regional Planning Act
14then holding office.
15    (e) The Chairman serving on the effective date of this
16amendatory Act of the 95th General Assembly shall continue to
17serve as Chairman until the expiration of his or her term of
18office and until his or her successor is appointed and
19qualified or a vacancy occurs in the office. Upon the
20expiration or vacancy of the term of the Chairman then serving
21upon the effective date of this amendatory Act of the 95th
22General Assembly, and until the Board Transition Date, the
23Chairman shall be appointed by the other Directors, by the
24affirmative vote of at least 11 of the then Directors with at
25least 2 affirmative votes from Directors who reside in the City
26of Chicago, at least 2 affirmative votes from Directors who

 

 

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1reside in Cook County outside the City of Chicago, and at least
22 affirmative votes from Directors who reside in the Counties
3of DuPage, Lake, Will, Kane, or McHenry. Until the Board
4Transition Date, the The chairman shall not be appointed from
5among the other Directors. The chairman shall be a resident of
6the metropolitan region. On and after the Board Transition
7Date, the chairman of the Authority shall mean the Chairman
8appointed under subsection (f) of Section 25 of the Regional
9Planning Act.
10    (f) Except as otherwise provided by this Act no Director
11shall, while serving as such, be an officer, a member of the
12Board of Directors or Trustees or an employee of any Service
13Board or transportation agency, or be an employee of the State
14of Illinois or any department or agency thereof, or of any unit
15of local government or receive any compensation from any
16elected or appointed office under the Constitution and laws of
17Illinois; except that a Director may be a member of a school
18board.
19    (g) Each appointment made under this Section and under
20Section 3.03 shall be certified by the appointing authority to
21the Board, which shall maintain the certifications as part of
22the official records of the Authority.
23    (h) (Blank).
24(Source: P.A. 95-708, eff. 1-18-08.)
 
25    (70 ILCS 3615/3.02)  (from Ch. 111 2/3, par. 703.02)

 

 

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1    Sec. 3.02. Chairman and Other Officers. The Chairman shall
2preside at meetings of the Board, and shall be entitled to vote
3on all matters. The Board shall select a Secretary and a
4Treasurer and may select persons to fill such other offices of
5the Authority and to perform such duties as it shall from time
6to time determine. The Secretary, Treasurer and other officers
7of the Authority may, but need not be, members of the Board.
8    This Section 3.02 is repealed on the Board Transition Date.
9(Source: P.A. 83-886.)
 
10    (70 ILCS 3615/3.03)  (from Ch. 111 2/3, par. 703.03)
11    Sec. 3.03. Terms, vacancies. Each Director shall hold
12office for a term of 5 years, and until his successor has been
13appointed and has qualified. A vacancy shall occur upon
14resignation, death, conviction of a felony, or removal from
15office of a Director. Any Director may be removed from office
16(i) upon concurrence of not less than 11 Directors, on a formal
17finding of incompetence, neglect of duty, or malfeasance in
18office or (ii) by the Governor in response to a summary report
19received from the Executive Inspector General in accordance
20with Section 20-50 of the State Officials and Employees Ethics
21Act, provided he or she has an opportunity to be publicly heard
22in person or by counsel prior to removal. Within 30 days after
23the office of any member becomes vacant for any reason, the
24appointing authorities of such member shall make an appointment
25to fill the vacancy. A vacancy shall be filled for the

 

 

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1unexpired term.
2    Whenever a vacancy for a Director, except as to the
3Chairman or those Directors appointed by the Mayor of the City
4of Chicago, exists for longer than 4 months, the new Director
5shall be chosen by election by all legislative members in the
6General Assembly representing the affected area. In order to
7qualify as a voting legislative member in this matter, the
8affected area must be more than 50% of the geographic area of
9the legislative district.
10    This Section 3.03 is repealed as of the Board Transition
11Date.
12(Source: P.A. 95-708, eff. 1-18-08; 96-1528, eff. 7-1-11.)
 
13    (70 ILCS 3615/3.04)  (from Ch. 111 2/3, par. 703.04)
14    Sec. 3.04. Compensation. Each Director including the
15Chairman, except for the Chairman of the Chicago Transit
16Authority who shall not be compensated by the Authority, shall
17be compensated at the rate of $25,000 per year.
18    Officers of the Authority shall not be required to comply
19with the requirements of "An Act requiring certain custodians
20of public moneys to file and publish statements of the receipts
21and disbursements thereof", approved June 24, 1919, as now or
22hereafter amended.
23    This Section 3.04 is repealed as of the Board Transition
24Date.
25(Source: P.A. 83-885; 83-886.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".