Sen. Terry Link

Filed: 7/9/2013

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1594

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

 

 

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1and effectively address the region's development and
2transportation challenges. It is intended that the Chicago
3Metropolitan Agency for Planning board and agency eliminate
4unnecessary and duplicative functions previously overseen by
5the Regional Transportation Authority and provide the most
6cost-effective means to ensure that transit services are fast,
7well-planned, coordinated, well-maintained, efficient,
8convenient, safe, and attractive and achieve a doubling of
9transit use in 25 years.
 
10    Section 10. The Regional Planning Act is amended by
11changing Sections 10, 15, 25, 30, and 35 and by adding Section
1225a as follows:
 
13    (70 ILCS 1707/10)
14    Sec. 10. Definitions.
15    "Board" means the Board of the Chicago Metropolitan Agency
16for Planning.
17    "CMAP" means the Chicago Metropolitan Agency for Planning.
18    "Chief elected county official" means the Board Chairman in
19DuPage, Kane, Kendall, Lake, and McHenry Counties and the
20County Executive in Will County.
21    "Fiscal year" means the fiscal year of the State.
22    "IDOT" means the Illinois Department of Transportation.
23    "MPO" means the metropolitan planning organization
24designated under 23 U.S.C. 134.

 

 

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1    "Members" means the members of the Board.
2    "Person" means an individual, partnership, firm, public or
3private corporation, State agency, transportation agency, or
4unit of local government.
5    "Policy Committee" means the decision-making body of the
6MPO.
7    "RTA" means the Regional Transportation Authority.
8    "Region" or "northeastern Illinois region" means Cook,
9DuPage, Kane, Kendall, Lake, McHenry, and Will Counties.
10    "Service Boards" means the Board of the Commuter Rail
11Division of the Regional Transportation Authority, the Board of
12the Suburban Bus Division of the Regional Transportation
13Authority, and the Board of the Chicago Transit Authority.
14    "State agency" means "agency" as defined in Section 1-20 of
15the Illinois Administrative Procedure Act.
16    "Transportation agency" means the Regional Transportation
17Authority and its Service Boards; the Illinois Toll Highway
18Authority; the Illinois Department of Transportation; and the
19transportation functions of units of local government.
20    "Unit of local government" means a unit of local
21government, as defined in Section 1 of Article VII of the
22Illinois Constitution, that is located within the jurisdiction
23and area of operation of the Board.
24    "USDOT" means the United States Department of
25Transportation.
26(Source: P.A. 94-510, eff. 8-9-05; 95-677, eff. 10-11-07.)
 

 

 

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1    (70 ILCS 1707/15)
2    Sec. 15. Chicago Metropolitan Agency for Planning;
3structure.
4    (a) The Chicago Metropolitan Agency for Planning is
5established as a political subdivision, body politic, and
6municipal corporation. The Board shall be responsible for
7developing and adopting a funding and implementation strategy
8for an integrated land use and transportation planning process
9for the northeastern Illinois region.
10    (b) (Blank.)
11    (c) The Board shall consist of 16 15 voting members as
12follows:
13        (1) One member from DuPage County appointed
14    cooperatively by the mayors of DuPage County and the chief
15    elected county official of DuPage County.
16        (2) One member from representing both Kane County and
17    Kendall Counties appointed cooperatively by the mayors of
18    Kane County and Kendall County and the chief elected county
19    official officials of Kane County, in consultation with the
20    chief elected county official of and Kendall County.
21        (3) One member from Lake County appointed
22    cooperatively by the mayors of Lake County and the chief
23    elected county official of Lake County.
24        (4) One member from McHenry County appointed
25    cooperatively by the mayors of McHenry County and the chief

 

 

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1    elected county official of McHenry County.
2        (5) One member from Will County appointed
3    cooperatively by the mayors of Will County and the chief
4    elected county official of Will County.
5        (6) Five members from the City of Chicago appointed by
6    the Mayor of the City of Chicago.
7        (7) One member from that portion of Cook County outside
8    of the City of Chicago appointed by the President of the
9    Cook County Board of Commissioners.
10        (8) Four members from that portion of Cook County
11    outside of the City of Chicago appointed, with the consent
12    of the President of the Cook County Board of Commissioners,
13    as follows:
14            (i) One by the mayors representing those
15        communities in Cook County that are outside of the City
16        of Chicago and north of Devon Avenue.
17            (ii) One by the mayors representing those
18        communities in Cook County that are outside of the City
19        of Chicago, south of Devon Avenue, and north of
20        Interstate 55, and in addition the Village of Summit.
21            (iii) One by the mayors representing those
22        communities in Cook County that are outside of the City
23        of Chicago, south of Interstate 55, and west of
24        Interstate 57, excluding the communities of Summit,
25        Dixmoor, Posen, Robbins, Midlothian, Oak Forest, and
26        Tinley Park.

 

 

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1            (iv) One by the mayors representing those
2        communities in Cook County that are outside of the City
3        of Chicago and east of Interstate 57, and, in addition,
4        the communities of Dixmoor, Posen, Robbins,
5        Midlothian, Oak Forest, and Tinley Park.
6        (9) One at-large member appointed by the Governor. That
7    member must reside in Cook, DuPage, Kane, Lake, McHenry, or
8    Will County.
9The terms of the members initially appointed to the Board shall
10begin within 60 days after this Act takes effect. Any member
11appointed to an initial term on the Board after the effective
12date of this amendatory Act of the 98th General Assembly may
13not also serve on a Service Board.
14    (d) The CMAP Board may appoint non-voting members of the
15Board. The CMAP Board shall include a non-voting member from
16Kendall County appointed cooperatively by the mayors of Kendall
17County and the chief elected county official of Kendall County.
18    (e) (1) The CMAP Board shall create a Wastewater Committee
19with the responsibility of recommending directly to the
20Illinois Environmental Protection Agency (IEPA) the
21appropriateness of proposed requests for modifications and
22amendments to the established boundaries of wastewater
23facility planning areas, requests for the creation of new
24wastewater facility planning areas, requests for the
25elimination of existing wastewater facility planning areas,
26requests for new or expanded sewage treatment facilities, or

 

 

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1any other amendments to the State of Illinois Water Quality
2Management Plan required under the federal Clean Water Act. The
3Chairmanship of the Wastewater Committee shall rotate every 24
4months between the individuals described in subsections
5(e)(2)(iv) and (e)(2)(v) with the individual identified in
6subsection (e)(2)(v) serving as chairman for the initial
724-month period commencing on the effective date of this
8amendatory Act of the 95th General Assembly.
9        (2) The Wastewater Committee shall consist of 5 members
10    of the CMAP Board designated as follows:
11            (i) One member of the Wastewater Committee shall be
12        one of the CMAP Board members designated in subsection
13        (c)(1) through (c)(5).
14            (ii) One member of the Wastewater Committee shall
15        be one of the CMAP Board members designated in
16        subsection (c)(6).
17            (iii) One member of the Wastewater Committee shall
18        be one of the CMAP Board members designated in
19        subsection (c)(7) or (c)(8).
20            (iv) One member of the Wastewater Committee shall
21        be a person appointed by the President of the
22        Metropolitan Water Reclamation District of Greater
23        Chicago (and who does not need to serve on the CMAP
24        Board).
25            (v) One member of the Wastewater Committee shall be
26        a person appointed by the President of the largest

 

 

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1        statewide association of wastewater agencies (and who
2        does not need to serve on the CMAP Board).
3        (3) Terms of the members of the Wastewater Committee
4    shall be consistent with those identified in Section 25,
5    except that the term of the member of the Wastewater
6    Committee appointed by the President of the Metropolitan
7    Water Reclamation District of Greater Chicago shall expire
8    on July 1, 2009, and the term of the member of the
9    Wastewater Committee appointed by the President of the
10    largest statewide association of wastewater agencies shall
11    expire on July 1, 2009.
12    (f) With the exception of matters considered and
13recommended by the Wastewater Committee directly to the IEPA,
14which shall require only a concurrence of a simple majority of
15the Wastewater Committee members in office, concurrence of
16three-fourths four-fifths of the Board members in office is
17necessary for the Board to take any action.
18    (g) (1) The Board shall create a Transit Executive Council
19with the responsibility of reviewing and making
20recommendations to the Board on all matters relating to transit
21and implementing all provisions of this Act and the Regional
22Transportation Authority Act that require coordination or
23collective action among the Service Boards.
24        (2) The Transit Executive Council shall consist of 6
25members designated as follows:
26            (i) The President of the Chicago Transit

 

 

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1        Authority.
2            (ii) The Chairman of the Board of the Chicago
3        Transit Authority, or his or her designee.
4            (iii) The Executive Director of the Commuter Rail
5        Division of the RTA.
6            (iv) The Chairman of the Board of the Commuter Rail
7        Division of the RTA, or his or her designee.
8            (v) The Executive Director of the Suburban Bus
9        Division of the RTA.
10            (vi) The Chairman of the Board of the Suburban Bus
11        Division of the RTA, or his or her designee.
12        (3) The Transit Executive Council shall, at intervals
13    of no less than 5 years, or earlier upon request of the
14    Board, conduct a study and submit a report with
15    recommendations to the Board regarding transit operating
16    and capital funding which shall address the following:
17            (i) The adequacy of available funding to meet the
18        current and future transportation needs of the region.
19            (ii) The ability of the current method of
20        allocating operating funding among the Service Boards
21        to further the goals identified in Section 25a of this
22        Act and to execute the Strategic Plan prescribed by
23        Sections 2.01 and 2.01a of the Regional Transportation
24        Authority Act.
25            (iii) The ability of the current method of
26        allocating capital funding among the Service Boards to

 

 

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1        further the goals identified in Section 25a of this Act
2        and to execute the Strategic Plan prescribed by
3        Sections 2.01 and 2.01a of the Regional Transportation
4        Authority Act.
5        (4) The Transit Executive Council shall identify and
6    recommend to the Board methods of saving money and
7    streamlining services through coordination among the
8    Service Boards.
9        (5) The Board shall consider any relevant
10    recommendations and reports previously made by the Transit
11    Executive Council prior to taking action on matters related
12    to transit.
13(Source: P.A. 94-510, eff. 8-9-05; 95-677, eff. 10-11-07.)
 
14    (70 ILCS 1707/25)
15    Sec. 25. Operations.
16    (a) Each appointing authority shall give notice of its
17Board appointments to each other appointing authority, to the
18Board, and to the Secretary of State. Within 30 days after his
19or her appointment and before entering upon the duties of the
20office, each Board member shall take and subscribe to the
21constitutional oath of office and file it with the Secretary of
22State. Except as otherwise provided in this subsection, Board
23members shall hold office for a term of 4 years or until
24successors are appointed and qualified. The terms of the
25initial Board members shall expire as follows:

 

 

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

 

 

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1        (7) The terms of those members appointed, with the
2    consent of the President of the Cook County Board of
3    Commissioners, by the mayor representing those communities
4    in Cook County that are outside of the City of Chicago,
5    south of Devon Avenue, and north of Interstate 55, and, in
6    addition, the Village of Summit, shall expire on July 1,
7    2009.
8        (8) 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 and east of Interstate 57, and, in addition, the
13    communities of Dixmoor, Posen, Robbins, Midlothian, Oak
14    Forest, and Tinley Park, shall expire on July 1, 2009.
15        (9) The term of the member appointed by the Governor
16    shall expire on the second Wednesday in January 2015 and
17    every 4 years thereafter.
18    (b) If a vacancy occurs, the appropriate appointing
19authority shall fill the vacancy by an appointment for the
20unexpired term. Board members shall receive no compensation,
21but shall be reimbursed for expenses incurred in the
22performance of their duties.
23    (c) The Board shall be so appointed as to represent the
24City of Chicago, that part of Cook County outside the City of
25Chicago, and that part of the metropolitan region outside of
26Cook County on a one man one vote basis. Within 6 months after

 

 

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1the release of each certified federal decennial census, the
2Board shall review its composition and, if a change is
3necessary in order to comply with the representation
4requirements of this subsection (c), shall recommend the
5necessary revision for approval by the General Assembly.
6Notwithstanding the foregoing, Board composition shall not be
7revised to establish a voting member from any county that is
8not within the metropolitan region as defined in Section 1.03
9of the Regional Transportation Authority Act.
10    (d) Regular meetings of the Board shall be held at least
11once in each calendar quarter. The time and place of Board
12meetings shall be fixed by resolution of the Board. Special
13meetings of the Board may be called by the chairman or a
14majority of the Board members. A written notice of the time and
15place of any special meeting shall be provided to all Board
16members at least 3 days prior to the date fixed for the
17meeting, except that if the time and place of a special meeting
18is fixed at a regular meeting at which all Board members are
19present, no such written notice is required. A majority of the
20Board members in office constitutes a quorum for the purpose of
21convening a meeting of the Board.
22    (e) The meetings of the Board shall be held in compliance
23with the Open Meetings Act. The Board shall maintain records in
24accordance with the provisions of the State Records Act.
25    (f) At its initial meeting and its first regular meeting
26after July 1 of each year thereafter, the Board from its

 

 

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1membership, and with the affirmative vote of at least 13
2members, shall appoint a chairperson. chairman The Board and
3may appoint vice chairpersons chairmen and shall provide the
4term and duties of those officers pursuant to its bylaws.
5Before entering upon duties of office, the chairperson chairman
6shall execute a bond with corporate sureties to be approved by
7the Board and shall file it with the principal office of the
8Board. The bond shall be payable to the Board in whatever penal
9sum may be directed and shall be conditioned upon the faithful
10performance of the duties of office and the payment of all
11money received by the chairperson chairman according to law and
12the orders of the Board. The Board may appoint, from time to
13time, an executive committee and standing and ad hoc committees
14to assist in carrying out its responsibilities.
15(Source: P.A. 94-510, eff. 8-9-05; 95-677, eff. 10-11-07.)
 
16    (70 ILCS 1707/25a new)
17    Sec. 25a. Merger of the Regional Transportation Authority
18into the Chicago Metropolitan Agency for Planning.
19    (a) Within 8 months of the effective date of this
20amendatory Act of the 98th General Assembly, the Executive
21Director of CMAP, subject to the Board's authority and
22direction, shall merge the staff and operations of the RTA into
23CMAP to the fullest extent permissible under law.
24    (b) By no later than January 1, 2015, the Board shall
25prepare and recommend for enactment by the General Assembly

 

 

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1legislation that meets the requirements of subsection (c) of
2this Section. Prior to submitting its recommended legislation
3to the General Assembly, the Board shall consult with the
4appointing authorities of the Board, consider the
5recommendations of the Transit Executive Council, and conduct
6at least 3 public hearings in Cook County and at least one
7public hearing in each of the following counties: DuPage
8County, Kane County, Kendall County, Lake County, McHenry
9County, and Will County. Through the consultation and public
10hearing process, the Board shall develop goals, objectives, and
11principles to charge and guide the governance structure for
12regional comprehensive planning and transit oversight. These
13goals, objectives, and principles shall be in addition to the
14responsibilities of the Board and agency set forth in this Act
15and shall address and be generally consistent with the
16following:
17        (i) increase the use of public transit as a share of
18    all trips in the northeastern Illinois region;
19        (ii) ensure that transit services are well-maintained,
20    and efficient;
21        (iii) identify and eliminate unnecessary functions of
22    the RTA, CMAP, and the Service Boards;
23        (iv) eliminate any functions of the RTA that duplicate
24    functions of CMAP, the Service Boards, or other agencies;
25        (v) ensure that methods of raising revenue and
26    allocating funds will reward efficiency and coordinated

 

 

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1    performance, are fair, are adequate to meet the
2    northeastern Illinois region's changing needs, and are
3    based on sound criteria, including, but not limited to,
4    asset condition, number of riders impacted, reliability
5    impact, safety impact, and operating and maintenance cost
6    impact; and
7        (vi) ensure that transit investments are consistent
8    with the regional comprehensive plan developed under
9    Section 45 of this Act.
10    (c) The legislation prepared by the Board under subsection
11(b) of this Section shall, without limitation:
12        (i) merge the powers and authorities contained within
13    the Regional Transportation Authority Act into this Act to
14    the extent needed to address the goals, objectives, and
15    principles developed by the Board pursuant to subsection
16    (b) of this Section;
17        (ii) eliminate unnecessary or duplicative powers or
18    authorities contained within the Regional Transportation
19    Authority Act;
20        (iii) provide that CMAP will assume the outstanding
21    bonded indebtedness and other debts of the RTA and provide
22    that all bonds, notes, and other evidences of indebtedness
23    outstanding on the effective date of the legislation shall
24    be unaffected by the merger of the RTA into CMAP;
25        (iv) address the transfer of assets, liabilities, and
26    obligations from the RTA to CMAP;

 

 

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1        (v) address the ability of employees to transfer
2    creditable service to the pension system utilized by CMAP;
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 of the 98th General Assembly, further the
7    goals identified in subsection (b) of this Section, and be
8    consistent with the strategic planning requirements
9    contained in Sections 2.01 and 2.01a of the Regional
10    Transportation Authority Act, provided that those methods
11    shall not, for any fiscal year of the RTA, result in an
12    allocation to a Service Board of a dollar amount less than
13    the dollar amount received by the Service Board pursuant to
14    subsection (a) of Section 4.03.3 of the Regional
15    Transportation Authority Act during the 2013 fiscal year
16    unless total tax receipts of the RTA under Section 4.03 of
17    the Regional Transportation Authority Act have declined;
18        (vii) establish methods for allocating capital funding
19    to the Service Boards that will replace those methods in
20    effect as of the effective date of this amendatory Act of
21    the 98th General Assembly, further the goals identified in
22    subsection (b) of this Section, and be consistent with the
23    strategic planning processes and Five Year Capital Program
24    requirements contained in Sections 2.01, 2.01a, and 2.01b
25    of the Regional Transportation Authority Act; and
26        (viii) include all other provisions needed to

 

 

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1    effectuate the merger of the staff, operations, and
2    functions of the RTA into CMAP.
3    (d) By no later than July 1, 2015, the Board shall, in
4cooperation with Department of Transportation, the Toll
5Highway Authority, and the Service Boards, develop, adopt, and
6commence implementation of a plan to increase the use of public
7transit as a share of all trips in the northeastern Illinois
8region. The Board shall ensure that the plan is cost effective
9and financially sound. Upon adoption, the plan shall be
10submitted to the Governor, the President of the Senate, the
11Speaker of the House of Representatives, the Minority Leader of
12the Senate, and the Minority Leader of the House of
13Representatives.
14    (e) All bonds, notes, and other evidences of indebtedness
15of the RTA that are outstanding as of the effective date of
16this amendatory Act of the 98th General Assembly shall be
17unaffected by the merger of staff and operations of the RTA
18into CMAP pursuant to this Section.
 
19    (70 ILCS 1707/30)
20    Sec. 30. Jurisdiction and area of operation. The
21jurisdiction and area of operation of the Board includes Cook,
22DuPage, Kane, Kendall, Lake, McHenry, and Will Counties. The
23Board may enter into agreements with units of local government
24located outside of, but contiguous to, its jurisdiction and
25area of operation in order to include those areas in plans for

 

 

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1the region. For activities related to the MPO, the jurisdiction
2of the MPO shall be that area defined by federal requirements.
3For the exercise of authority under the Regional Transportation
4Authority Act, the jurisdiction and area of operation of the
5Board includes only the metropolitan region as defined in
6Section 1.03 of the Regional Transportation Authority Act.
7(Source: P.A. 94-510, eff. 8-9-05.)
 
8    (70 ILCS 1707/35)
9    Sec. 35. General powers and authority. In addition to any
10other rights, powers, duties, or obligations granted to the
11Board under this Act or specifically granted to the Board under
12any other law, the Board has all of the following general
13powers and authority:
14        (1) To sue and be sued in its official name.
15        (2) To enter into agreements with units of local
16    government, transportation agencies, State agencies,
17    federal agencies, and persons in order to implement any of
18    the provisions of this Act, including agreements for
19    specialized planning services.
20        (3) To accept and expend, for purposes consistent with
21    the purposes of this Act, funds and moneys from any source,
22    including gifts, bequests, grants, appropriations, loans,
23    or contributions made by any person, unit of local
24    government, the State, or the federal government.
25        (4) To enter into contracts or other transactions with

 

 

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1    any unit of local government, transportation agency, State
2    agency, public or private organization, or any other source
3    in furtherance of the purpose of this Act, and to take any
4    necessary action in order to avail itself of such aid and
5    cooperation.
6        (5) To purchase, receive, take by grant, gift, devise,
7    or bequest, lease, or otherwise acquire, own, hold,
8    improve, employ, use, and otherwise deal in and with real
9    or personal property, or any interest therein, wherever
10    situated.
11        (6) To adopt, alter, or repeal its own bylaws and any
12    rules that the Board deems necessary in governing the
13    exercise of its authority and the performance of its duties
14    under this Act.
15        (7) To make purchases under this Act in compliance with
16    the Local Government Prompt Payment Act.
17        (8) To adopt an annual operating budget and work
18    program for each fiscal year and make appropriations in
19    accordance with the Illinois Municipal Budget Law and to
20    have the power to expend such budgeted moneys.
21        (9) To exercise any other implied powers that are
22    necessary or convenient for the Board to accomplish its
23    purposes and that are not inconsistent with its expressed
24    powers.
25        (10) To cooperate with any planning agency of a state
26    contiguous to the region in order to integrate and

 

 

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1    coordinate plans for development of urban areas in that
2    state with the regional comprehensive plan developed under
3    this Act.
4        (11) To serve as the corporate authorities and
5    governing body of the RTA under the Regional Transportation
6    Authority Act and to assume all powers and duties of the
7    Board of the RTA, as provided in the Regional
8    Transportation Authority Act.
9        (12) To manage the operations of the RTA until the time
10    when such agency is fully merged into CMAP, including,
11    without limitation, determining the appropriate
12    designation of all programs established or administered
13    pursuant to the Regional Transportation Authority Act.
14        (13) To manage the operating and capital plans and
15    expenditures of CMAP and the RTA in accordance with the
16    continuing evaluation, review, and audit processes
17    provided in Section 2.01(b) of the Regional Transportation
18    Authority Act.
19        (14) To do and perform all acts necessary to assume and
20    pay all of the bonded indebtedness and other debts and
21    obligations of the RTA.
22(Source: P.A. 94-510, eff. 8-9-05.)
 
23    Section 15. The Regional Transportation Authority Act is
24amended by changing Sections 2.14, 3.01, 4.01, and 4.07 as
25follows:
 

 

 

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1    (70 ILCS 3615/2.14)  (from Ch. 111 2/3, par. 702.14)
2    Sec. 2.14. Appointment of Officers and Employees. The
3Authority may appoint, retain and employ officers, attorneys,
4agents, engineers and employees. The officers shall include an
5Executive Director, who shall be the chief executive officer of
6the Authority and who shall be the same Executive Director
7hired under Section 20 of the Regional Planning Act , appointed
8by the Chairman with the concurrence of 11 of the other then
9Directors of the Board. The employment of the Executive
10Director of the Authority in office on the effective date of
11this amendatory Act of the 98th General Assembly shall
12terminate on the effective date of this amendatory Act of the
1398th General Assembly. The Executive Director shall organize
14the staff of the Authority, shall allocate their functions and
15duties, shall transfer such staff to the Suburban Bus Division
16and the Commuter Rail Division as is sufficient to meet their
17purposes, shall fix compensation and conditions of employment
18of the staff of the Authority, and consistent with the policies
19of and direction from the Board, take all actions necessary to
20achieve its purposes, fulfill its responsibilities and carry
21out its powers, and shall have such other powers and
22responsibilities as the Board shall determine. The Executive
23Director must be an individual of proven transportation and
24management skills and may not be a member of the Board. The
25Authority may employ its own professional management personnel

 

 

09800SB1594sam002- 23 -LRB098 10051 OMW 47099 a

1to provide professional and technical expertise concerning its
2purposes and powers and to assist it in assessing the
3performance of the Service Boards in the metropolitan region.
4    No unlawful discrimination, as defined and prohibited in
5the Illinois Human Rights Act, shall be made in any term or
6aspect of employment nor shall there be discrimination based
7upon political reasons or factors. The Authority shall
8establish regulations to insure that its discharges shall not
9be arbitrary and that hiring and promotion are based on merit.
10    The Authority shall be subject to the "Illinois Human
11Rights Act", as now or hereafter amended, and the remedies and
12procedure established thereunder. The Authority shall file an
13affirmative action program for employment by it with the
14Department of Human Rights to ensure that applicants are
15employed and that employees are treated during employment,
16without regard to unlawful discrimination. Such affirmative
17action program shall include provisions relating to hiring,
18upgrading, demotion, transfer, recruitment, recruitment
19advertising, selection for training and rates of pay or other
20forms of compensation.
21(Source: P.A. 95-708, eff. 1-18-08.)
 
22    (70 ILCS 3615/3.01)  (from Ch. 111 2/3, par. 703.01)
23    Sec. 3.01. Board of Directors. The corporate authorities
24and governing body of the Authority shall be the Board of the
25Chicago Metropolitan Agency for Planning appointed pursuant to

 

 

09800SB1594sam002- 24 -LRB098 10051 OMW 47099 a

1Section 15 of the Regional Planning Act. Notwithstanding any
2contrary provisions of this Act, any action or approval that
3requires the affirmative vote of the governing body of the
4Authority may be authorized by the affirmative vote of
5three-fourths of the members of the Board appointed pursuant to
6Section 15 of the Regional Planning Act. a Board consisting of
713 Directors until April 1, 2008, and 16 Directors thereafter,
8appointed as follows:
9    (a) Four Directors appointed by the Mayor of the City of
10Chicago, with the advice and consent of the City Council of the
11City of Chicago, and, only until April 1, 2008, a fifth
12director who shall be the Chairman of the Chicago Transit
13Authority. After April 1, 2008, the Mayor of the City of
14Chicago, with the advice and consent of the City Council of the
15City of Chicago, shall appoint a fifth Director. The Directors
16appointed by the Mayor of the City of Chicago shall not be the
17Chairman or a Director of the Chicago Transit Authority. Each
18such Director shall reside in the City of Chicago.
19    (b) Four Directors appointed by the votes of a majority of
20the members of the Cook County Board elected from districts, a
21majority of the electors of which reside outside Chicago. After
22April 1, 2008, a fifth Director appointed by the President of
23the Cook County Board with the advice and consent of the
24members of the Cook County Board. Each Director appointed under
25this subparagraph shall reside in that part of Cook County
26outside Chicago.

 

 

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

 

 

09800SB1594sam002- 26 -LRB098 10051 OMW 47099 a

1    DuPage County Board. Such Director shall reside in DuPage
2    County.
3        (iv) One Director appointed by the Chairman of the Lake
4    County Board with the advice and consent of the Lake County
5    Board. Such Director shall reside in Lake County.
6        (v) One Director appointed by the Chairman of the
7    McHenry County Board with the advice and consent of the
8    McHenry County Board. Such Director shall reside in McHenry
9    County.
10        (vi) To implement the changes in appointing authority
11    under this subparagraph (d) the three Directors appointed
12    under subparagraph (c) and residing in Lake County, DuPage
13    County, and Kane County respectively shall each continue to
14    serve as Director until the expiration of their respective
15    term of office and until his or her successor is appointed
16    and qualified or a vacancy occurs in the office. Thereupon,
17    the appointment shall be made by the officials given
18    appointing authority with respect to the Director whose
19    term has expired or office has become vacant.
20    (e) The Chairman serving on the effective date of this
21amendatory Act of the 95th General Assembly shall continue to
22serve as Chairman until the expiration of his or her term of
23office and until his or her successor is appointed and
24qualified or a vacancy occurs in the office. Upon the
25expiration or vacancy of the term of the Chairman then serving
26upon the effective date of this amendatory Act of the 95th

 

 

09800SB1594sam002- 27 -LRB098 10051 OMW 47099 a

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

 

 

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1    (70 ILCS 3615/4.01)  (from Ch. 111 2/3, par. 704.01)
2    Sec. 4.01. Budget and Program.
3    (a) The Board shall control the finances of the Authority.
4It shall by ordinance adopted by the affirmative vote of at
5least 12 of its then Directors (i) appropriate money to perform
6the Authority's purposes and provide for payment of debts and
7expenses of the Authority, (ii) take action with respect to the
8budget and two-year financial plan of each Service Board, as
9provided in Section 4.11, and (iii) adopt an Annual Budget and
10Two-Year Financial Plan for the Authority that includes the
11annual budget and two-year financial plan of each Service Board
12that has been approved by the Authority. The Annual Budget and
13Two-Year Financial Plan shall contain a statement of the funds
14estimated to be on hand for the Authority and each Service
15Board at the beginning of the fiscal year, the funds estimated
16to be received from all sources for such year, the estimated
17expenses and obligations of the Authority and each Service
18Board for all purposes, including expenses for contributions to
19be made with respect to pension and other employee benefits,
20and the funds estimated to be on hand at the end of such year.
21The fiscal year of the Authority and each Service Board shall
22begin on January 1st and end on the succeeding December 31st.
23By July 1st of each year the Director of the Illinois
24Governor's Office of Management and Budget (formerly Bureau of
25the Budget) shall submit to the Authority an estimate of
26revenues for the next fiscal year of the Authority to be

 

 

09800SB1594sam002- 29 -LRB098 10051 OMW 47099 a

1collected from the taxes imposed by the Authority and the
2amounts to be available in the Public Transportation Fund and
3the Regional Transportation Authority Occupation and Use Tax
4Replacement Fund and the amounts otherwise to be appropriated
5by the State to the Authority for its purposes. The Authority
6shall file a copy of its Annual Budget and Two-Year Financial
7Plan with the General Assembly and the Governor after its
8adoption. Before the proposed Annual Budget and Two-Year
9Financial Plan is adopted, the Authority shall hold at least
10one public hearing thereon in the metropolitan region, and
11shall meet with the county board or its designee of each of the
12several counties in the metropolitan region. After conducting
13such hearings and holding such meetings and after making such
14changes in the proposed Annual Budget and Two-Year Financial
15Plan as the Board deems appropriate, the Board shall adopt its
16annual appropriation and Annual Budget and Two-Year Financial
17Plan ordinance. The ordinance may be adopted only upon the
18affirmative votes of 12 of its then Directors. The ordinance
19shall appropriate such sums of money as are deemed necessary to
20defray all necessary expenses and obligations of the Authority,
21specifying purposes and the objects or programs for which
22appropriations are made and the amount appropriated for each
23object or program. Additional appropriations, transfers
24between items and other changes in such ordinance may be made
25from time to time by the Board upon the affirmative votes of 12
26of its then Directors.

 

 

09800SB1594sam002- 30 -LRB098 10051 OMW 47099 a

1    (b) The Annual Budget and Two-Year Financial Plan shall
2show a balance between anticipated revenues from all sources
3and anticipated expenses including funding of operating
4deficits or the discharge of encumbrances incurred in prior
5periods and payment of principal and interest when due, and
6shall show cash balances sufficient to pay with reasonable
7promptness all obligations and expenses as incurred.
8    The Annual Budget and Two-Year Financial Plan must show:
9         (i) that the level of fares and charges for mass
10    transportation provided by, or under grant or purchase of
11    service contracts of, the Service Boards is sufficient to
12    cause the aggregate of all projected fare revenues from
13    such fares and charges received in each fiscal year to
14    equal at least 50% of the aggregate costs of providing such
15    public transportation in such fiscal year. "Fare revenues"
16    include the proceeds of all fares and charges for services
17    provided, contributions received in connection with public
18    transportation from units of local government other than
19    the Authority, except for contributions received by the
20    Chicago Transit Authority from a real estate transfer tax
21    imposed under subsection (i) of Section 8-3-19 of the
22    Illinois Municipal Code, and from the State pursuant to
23    subsection (i) of Section 2705-305 of the Department of
24    Transportation Law (20 ILCS 2705/2705-305), and all other
25    operating revenues properly included consistent with
26    generally accepted accounting principles but do not

 

 

09800SB1594sam002- 31 -LRB098 10051 OMW 47099 a

1    include: the proceeds of any borrowings, and, beginning
2    with the 2007 fiscal year, all revenues and receipts,
3    including but not limited to fares and grants received from
4    the federal, State or any unit of local government or other
5    entity, derived from providing ADA paratransit service
6    pursuant to Section 2.30 of the Regional Transportation
7    Authority Act. "Costs" include all items properly included
8    as operating costs consistent with generally accepted
9    accounting principles, including administrative costs, but
10    do not include: depreciation; payment of principal and
11    interest on bonds, notes or other evidences of obligation
12    for borrowed money issued by the Authority; payments with
13    respect to public transportation facilities made pursuant
14    to subsection (b) of Section 2.20 of this Act; any payments
15    with respect to rate protection contracts, credit
16    enhancements or liquidity agreements made under Section
17    4.14; any other cost to which it is reasonably expected
18    that a cash expenditure will not be made; costs for
19    passenger security including grants, contracts, personnel,
20    equipment and administrative expenses, except in the case
21    of the Chicago Transit Authority, in which case the term
22    does not include costs spent annually by that entity for
23    protection against crime as required by Section 27a of the
24    Metropolitan Transit Authority Act; the payment by the
25    Chicago Transit Authority of Debt Service, as defined in
26    Section 12c of the Metropolitan Transit Authority Act, on

 

 

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1    bonds or notes issued pursuant to that Section; the payment
2    by the Commuter Rail Division of debt service on bonds
3    issued pursuant to Section 3B.09; expenses incurred by the
4    Suburban Bus Division for the cost of new public
5    transportation services funded from grants pursuant to
6    Section 2.01e of this amendatory Act of the 95th General
7    Assembly for a period of 2 years from the date of
8    initiation of each such service; costs as exempted by the
9    Board for projects pursuant to Section 2.09 of this Act;
10    or, beginning with the 2007 fiscal year, expenses related
11    to providing ADA paratransit service pursuant to Section
12    2.30 of the Regional Transportation Authority Act; and in
13    fiscal years 2008 through 2012 inclusive, costs in the
14    amount of $200,000,000 in fiscal year 2008, reducing by
15    $40,000,000 in each fiscal year thereafter until this
16    exemption is eliminated; and
17        (ii) that the level of fares charged for ADA
18    paratransit services is sufficient to cause the aggregate
19    of all projected revenues from such fares charged and
20    received in each fiscal year to equal at least 10% of the
21    aggregate costs of providing such ADA paratransit
22    services. For purposes of this Act, the percentages in this
23    subsection (b)(ii) shall be referred to as the "system
24    generated ADA paratransit services revenue recovery
25    ratio". For purposes of the system generated ADA
26    paratransit services revenue recovery ratio, "costs" shall

 

 

09800SB1594sam002- 33 -LRB098 10051 OMW 47099 a

1    include all items properly included as operating costs
2    consistent with generally accepted accounting principles.
3    However, the Board may exclude from costs an amount that
4    does not exceed the allowable "capital costs of
5    contracting" for ADA paratransit services pursuant to the
6    Federal Transit Administration guidelines for the
7    Urbanized Area Formula Program.
8    (c) The actual administrative expenses of the Authority for
9the fiscal year commencing January 1, 1985 may not exceed
10$5,000,000. The actual administrative expenses of the
11Authority for the fiscal year commencing January 1, 1986, and
12for each fiscal year thereafter shall not exceed the maximum
13administrative expenses for the previous fiscal year plus 5%.
14The actual administrative expenses of the Authority for the
15second fiscal year commencing after the effective date of this
16amendatory Act of the 98th General Assembly shall not exceed
1750% of the actual administrative expenses of the Authority for
18the fiscal year during which the effective date of this
19amendatory Act of the 98th General Assembly occurs. The full
20amount resulting from the reduction in administrative expenses
21described in the preceding sentence shall be distributed to the
22Service Boards. "Administrative expenses" are defined for
23purposes of this Section as all expenses except: (1) capital
24expenses and purchases of the Authority on behalf of the
25Service Boards; (2) payments to Service Boards; and (3) payment
26of principal and interest on bonds, notes or other evidence of

 

 

09800SB1594sam002- 34 -LRB098 10051 OMW 47099 a

1obligation for borrowed money issued by the Authority; (4)
2costs for passenger security including grants, contracts,
3personnel, equipment and administrative expenses; (5) payments
4with respect to public transportation facilities made pursuant
5to subsection (b) of Section 2.20 of this Act; and (6) any
6payments with respect to rate protection contracts, credit
7enhancements or liquidity agreements made pursuant to Section
84.14.
9    (d) This subsection applies only until the Department
10begins administering and enforcing an increased tax under
11Section 4.03(m) as authorized by this amendatory Act of the
1295th General Assembly. After withholding 15% of the proceeds of
13any tax imposed by the Authority and 15% of money received by
14the Authority from the Regional Transportation Authority
15Occupation and Use Tax Replacement Fund, the Board shall
16allocate the proceeds and money remaining to the Service Boards
17as follows: (1) an amount equal to 85% of the proceeds of those
18taxes collected within the City of Chicago and 85% of the money
19received by the Authority on account of transfers to the
20Regional Transportation Authority Occupation and Use Tax
21Replacement Fund from the County and Mass Transit District Fund
22attributable to retail sales within the City of Chicago shall
23be allocated to the Chicago Transit Authority; (2) an amount
24equal to 85% of the proceeds of those taxes collected within
25Cook County outside the City of Chicago and 85% of the money
26received by the Authority on account of transfers to the

 

 

09800SB1594sam002- 35 -LRB098 10051 OMW 47099 a

1Regional Transportation Authority Occupation and Use Tax
2Replacement Fund from the County and Mass Transit District Fund
3attributable to retail sales within Cook County outside of the
4city of Chicago shall be allocated 30% to the Chicago Transit
5Authority, 55% to the Commuter Rail Board and 15% to the
6Suburban Bus Board; and (3) an amount equal to 85% of the
7proceeds of the taxes collected within the Counties of DuPage,
8Kane, Lake, McHenry and Will shall be allocated 70% to the
9Commuter Rail Board and 30% to the Suburban Bus Board.
10    (e) This subsection applies only until the Department
11begins administering and enforcing an increased tax under
12Section 4.03(m) as authorized by this amendatory Act of the
1395th General Assembly. Moneys received by the Authority on
14account of transfers to the Regional Transportation Authority
15Occupation and Use Tax Replacement Fund from the State and
16Local Sales Tax Reform Fund shall be allocated among the
17Authority and the Service Boards as follows: 15% of such moneys
18shall be retained by the Authority and the remaining 85% shall
19be transferred to the Service Boards as soon as may be
20practicable after the Authority receives payment. Moneys which
21are distributable to the Service Boards pursuant to the
22preceding sentence shall be allocated among the Service Boards
23on the basis of each Service Board's distribution ratio. The
24term "distribution ratio" means, for purposes of this
25subsection (e) of this Section 4.01, the ratio of the total
26amount distributed to a Service Board pursuant to subsection

 

 

09800SB1594sam002- 36 -LRB098 10051 OMW 47099 a

1(d) of Section 4.01 for the immediately preceding calendar year
2to the total amount distributed to all of the Service Boards
3pursuant to subsection (d) of Section 4.01 for the immediately
4preceding calendar year.
5    (f) To carry out its duties and responsibilities under this
6Act, the Board shall employ staff which shall: (1) propose for
7adoption by the Board of the Authority rules for the Service
8Boards that establish (i) forms and schedules to be used and
9information required to be provided with respect to a five-year
10capital program, annual budgets, and two-year financial plans
11and regular reporting of actual results against adopted budgets
12and financial plans, (ii) financial practices to be followed in
13the budgeting and expenditure of public funds, (iii)
14assumptions and projections that must be followed in preparing
15and submitting its annual budget and two-year financial plan or
16a five-year capital program; (2) evaluate for the Board public
17transportation programs operated or proposed by the Service
18Boards and transportation agencies in terms of the goals and
19objectives set out in the Strategic Plan; (3) keep the Board
20and the public informed of the extent to which the Service
21Boards and transportation agencies are meeting the goals and
22objectives adopted by the Authority in the Strategic Plan; and
23(4) assess the efficiency or adequacy of public transportation
24services provided by a Service Board and make recommendations
25for change in that service to the end that the moneys available
26to the Authority may be expended in the most economical manner

 

 

09800SB1594sam002- 37 -LRB098 10051 OMW 47099 a

1possible with the least possible duplication.
2    (g) All Service Boards, transportation agencies,
3comprehensive planning agencies, including the Chicago
4Metropolitan Agency for Planning, or transportation planning
5agencies in the metropolitan region shall furnish to the
6Authority such information pertaining to public transportation
7or relevant for plans therefor as it may from time to time
8require. The Executive Director, or his or her designee, shall,
9for the purpose of securing any such information necessary or
10appropriate to carry out any of the powers and responsibilities
11of the Authority under this Act, have access to, and the right
12to examine, all books, documents, papers or records of a
13Service Board or any transportation agency receiving funds from
14the Authority or Service Board, and such Service Board or
15transportation agency shall comply with any request by the
16Executive Director, or his or her designee, within 30 days or
17an extended time provided by the Executive Director.
18    (h) No Service Board shall undertake any capital
19improvement which is not identified in the Five-Year Capital
20Program.
21(Source: P.A. 94-370, eff. 7-29-05; 95-708, eff. 1-18-08;
2295-906, eff. 8-26-08.)
 
23    (70 ILCS 3615/4.07)  (from Ch. 111 2/3, par. 704.07)
24    Sec. 4.07. Bonds, Notes and Certificates to be Legal
25Investments.

 

 

09800SB1594sam002- 38 -LRB098 10051 OMW 47099 a

1    The State, all units of local government, all public
2officers, banks, bankers, trust companies, savings banks and
3institutions, building and loan associations, savings and loan
4associations, investment companies and other persons carrying
5on a banking business, insurance companies, insurance
6associations and other persons carrying on an insurance
7business, and all executors, administrators, guardians,
8trustees and other fiduciaries may legally invest any sinking
9funds, monies or other funds belonging to them or within their
10control in any bonds, notes or equipment trust certificates
11issued pursuant to this Act, it being the purpose of this
12Section to authorize the investment in such bonds, notes or
13certificates of all sinking, insurance, retirement,
14compensation, pension and trust funds, whether owned or
15controlled by private or public persons or officers: provided,
16however, that nothing contained in this Section may be
17construed as relieving any person, firm or corporation from any
18duty of exercising reasonable care in selecting securities for
19purchase or investment. All bonds, notes, certificates, or
20other evidences of indebtedness of the Authority outstanding on
21the effective date of this amendatory Act of the 98th General
22Assembly shall be unaffected by the changes in governance of
23the Authority made pursuant to this amendatory Act of the 98th
24General Assembly.
25(Source: P.A. 78-3rd S.S.-5.)
 

 

 

09800SB1594sam002- 39 -LRB098 10051 OMW 47099 a

1    (70 ILCS 3615/3.02 rep.)
2    (70 ILCS 3615/3.03 rep.)
3    (70 ILCS 3615/3.04 rep.)
4    Section 20. The Regional Transportation Authority Act is
5amended by repealing Sections 3.02, 3.03, and 3.04.
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".