SB3056 EnrolledLRB098 18041 JLK 53170 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Open Meetings Act is amended by changing
5Section 2 as follows:
 
6    (5 ILCS 120/2)  (from Ch. 102, par. 42)
7    Sec. 2. Open meetings.
8    (a) Openness required. All meetings of public bodies shall
9be open to the public unless excepted in subsection (c) and
10closed in accordance with Section 2a.
11    (b) Construction of exceptions. The exceptions contained
12in subsection (c) are in derogation of the requirement that
13public bodies meet in the open, and therefore, the exceptions
14are to be strictly construed, extending only to subjects
15clearly within their scope. The exceptions authorize but do not
16require the holding of a closed meeting to discuss a subject
17included within an enumerated exception.
18    (c) Exceptions. A public body may hold closed meetings to
19consider the following subjects:
20        (1) The appointment, employment, compensation,
21    discipline, performance, or dismissal of specific
22    employees of the public body or legal counsel for the
23    public body, including hearing testimony on a complaint

 

 

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1    lodged against an employee of the public body or against
2    legal counsel for the public body to determine its
3    validity.
4        (2) Collective negotiating matters between the public
5    body and its employees or their representatives, or
6    deliberations concerning salary schedules for one or more
7    classes of employees.
8        (3) The selection of a person to fill a public office,
9    as defined in this Act, including a vacancy in a public
10    office, when the public body is given power to appoint
11    under law or ordinance, or the discipline, performance or
12    removal of the occupant of a public office, when the public
13    body is given power to remove the occupant under law or
14    ordinance.
15        (4) Evidence or testimony presented in open hearing, or
16    in closed hearing where specifically authorized by law, to
17    a quasi-adjudicative body, as defined in this Act, provided
18    that the body prepares and makes available for public
19    inspection a written decision setting forth its
20    determinative reasoning.
21        (5) The purchase or lease of real property for the use
22    of the public body, including meetings held for the purpose
23    of discussing whether a particular parcel should be
24    acquired.
25        (6) The setting of a price for sale or lease of
26    property owned by the public body.

 

 

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1        (7) The sale or purchase of securities, investments, or
2    investment contracts. This exception shall not apply to the
3    investment of assets or income of funds deposited into the
4    Illinois Prepaid Tuition Trust Fund.
5        (8) Security procedures and the use of personnel and
6    equipment to respond to an actual, a threatened, or a
7    reasonably potential danger to the safety of employees,
8    students, staff, the public, or public property.
9        (9) Student disciplinary cases.
10        (10) The placement of individual students in special
11    education programs and other matters relating to
12    individual students.
13        (11) Litigation, when an action against, affecting or
14    on behalf of the particular public body has been filed and
15    is pending before a court or administrative tribunal, or
16    when the public body finds that an action is probable or
17    imminent, in which case the basis for the finding shall be
18    recorded and entered into the minutes of the closed
19    meeting.
20        (12) The establishment of reserves or settlement of
21    claims as provided in the Local Governmental and
22    Governmental Employees Tort Immunity Act, if otherwise the
23    disposition of a claim or potential claim might be
24    prejudiced, or the review or discussion of claims, loss or
25    risk management information, records, data, advice or
26    communications from or with respect to any insurer of the

 

 

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1    public body or any intergovernmental risk management
2    association or self insurance pool of which the public body
3    is a member.
4        (13) Conciliation of complaints of discrimination in
5    the sale or rental of housing, when closed meetings are
6    authorized by the law or ordinance prescribing fair housing
7    practices and creating a commission or administrative
8    agency for their enforcement.
9        (14) Informant sources, the hiring or assignment of
10    undercover personnel or equipment, or ongoing, prior or
11    future criminal investigations, when discussed by a public
12    body with criminal investigatory responsibilities.
13        (15) Professional ethics or performance when
14    considered by an advisory body appointed to advise a
15    licensing or regulatory agency on matters germane to the
16    advisory body's field of competence.
17        (16) Self evaluation, practices and procedures or
18    professional ethics, when meeting with a representative of
19    a statewide association of which the public body is a
20    member.
21        (17) The recruitment, credentialing, discipline or
22    formal peer review of physicians or other health care
23    professionals for a hospital, or other institution
24    providing medical care, that is operated by the public
25    body.
26        (18) Deliberations for decisions of the Prisoner

 

 

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1    Review Board.
2        (19) Review or discussion of applications received
3    under the Experimental Organ Transplantation Procedures
4    Act.
5        (20) The classification and discussion of matters
6    classified as confidential or continued confidential by
7    the State Government Suggestion Award Board.
8        (21) Discussion of minutes of meetings lawfully closed
9    under this Act, whether for purposes of approval by the
10    body of the minutes or semi-annual review of the minutes as
11    mandated by Section 2.06.
12        (22) Deliberations for decisions of the State
13    Emergency Medical Services Disciplinary Review Board.
14        (23) The operation by a municipality of a municipal
15    utility or the operation of a municipal power agency or
16    municipal natural gas agency when the discussion involves
17    (i) contracts relating to the purchase, sale, or delivery
18    of electricity or natural gas or (ii) the results or
19    conclusions of load forecast studies.
20        (24) Meetings of a residential health care facility
21    resident sexual assault and death review team or the
22    Executive Council under the Abuse Prevention Review Team
23    Act.
24        (25) Meetings of an independent team of experts under
25    Brian's Law.
26        (26) Meetings of a mortality review team appointed

 

 

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1    under the Department of Juvenile Justice Mortality Review
2    Team Act.
3        (27) (Blank).
4        (28) Correspondence and records (i) that may not be
5    disclosed under Section 11-9 of the Public Aid Code or (ii)
6    that pertain to appeals under Section 11-8 of the Public
7    Aid Code.
8        (29) Meetings between internal or external auditors
9    and governmental audit committees, finance committees, and
10    their equivalents, when the discussion involves internal
11    control weaknesses, identification of potential fraud risk
12    areas, known or suspected frauds, and fraud interviews
13    conducted in accordance with generally accepted auditing
14    standards of the United States of America.
15        (30) Those meetings or portions of meetings of an
16    at-risk adult fatality review team or the Illinois At-Risk
17    Adult Fatality Review Team Advisory Council during which a
18    review of the death of an eligible adult in which abuse or
19    neglect is suspected, alleged, or substantiated is
20    conducted pursuant to Section 15 of the Adult Protective
21    Services Act.
22        (31) (30) Meetings and deliberations for decisions of
23    the Concealed Carry Licensing Review Board under the
24    Firearm Concealed Carry Act.
25        (32) Meetings between the Regional Transportation
26    Authority Board and its Service Boards when the discussion

 

 

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1    involves review by the Regional Transportation Authority
2    Board of employment contracts under Section 28d of the
3    Metropolitan Transit Authority Act and Sections 3A.18 and
4    3B.26 of the Regional Transportation Authority Act.
5    (d) Definitions. For purposes of this Section:
6    "Employee" means a person employed by a public body whose
7relationship with the public body constitutes an
8employer-employee relationship under the usual common law
9rules, and who is not an independent contractor.
10    "Public office" means a position created by or under the
11Constitution or laws of this State, the occupant of which is
12charged with the exercise of some portion of the sovereign
13power of this State. The term "public office" shall include
14members of the public body, but it shall not include
15organizational positions filled by members thereof, whether
16established by law or by a public body itself, that exist to
17assist the body in the conduct of its business.
18    "Quasi-adjudicative body" means an administrative body
19charged by law or ordinance with the responsibility to conduct
20hearings, receive evidence or testimony and make
21determinations based thereon, but does not include local
22electoral boards when such bodies are considering petition
23challenges.
24    (e) Final action. No final action may be taken at a closed
25meeting. Final action shall be preceded by a public recital of
26the nature of the matter being considered and other information

 

 

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1that will inform the public of the business being conducted.
2(Source: P.A. 97-318, eff. 1-1-12; 97-333, eff. 8-12-11;
397-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876, eff.
48-1-12; 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; revised
57-23-13.)
 
6    Section 15. The Metropolitan Transit Authority Act is
7amended by changing Section 28 and adding Section 28d as
8follows:
 
9    (70 ILCS 3605/28)  (from Ch. 111 2/3, par. 328)
10    Sec. 28. The Board shall classify all the offices,
11positions and grades of regular and exempt employment required,
12excepting that of the Chairman of the Board, the Executive
13Director, Secretary, Treasurer, General Counsel, and Chief
14Engineer, with reference to the duties, job title, job schedule
15number, and the compensation fixed therefor, and adopt rules
16governing appointments to any of such offices or positions on
17the basis of merit and efficiency. The job title shall be
18generally descriptive of the duties performed in that job, and
19the job schedule number shall be used to identify a job title
20and to further classify positions within a job title. No
21discrimination shall be made in any appointment or promotion to
22any office, position, or grade of regular employment because of
23race, creed, color, sex, national origin, physical or mental
24handicap unrelated to ability, or political or religious

 

 

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1affiliations. No officer or employee in regular employment
2shall be discharged or demoted except for cause which is
3detrimental to the service. Any officer or employee in regular
4employment who is discharged or demoted may file a complaint in
5writing with the Board within ten days after notice of his or
6her discharge or demotion. If an employee is a member of a
7labor organization the complaint may be filed by such
8organization for and in behalf of such employee. The Board
9shall grant a hearing on such complaint within thirty (30) days
10after it is filed. The time and place of the hearing shall be
11fixed by the Board and due notice thereof given to the
12complainant, the labor organization by or through which the
13complaint was filed and the Executive Director. The hearing
14shall be conducted by the Board, or any member thereof or any
15officers' committee or employees' committee appointed by the
16Board. The complainant may be represented by counsel. If the
17Board finds, or approves a finding of the member or committee
18appointed by the Board, that the complainant has been unjustly
19discharged or demoted, he or she shall be restored to his or
20her office or position with back pay. The decision of the Board
21shall be final and not subject to review. The Board may
22designate such offices, positions, and grades of employment as
23exempt as it deems necessary for the efficient operation of the
24business of the Authority. The total number of employees
25occupying exempt offices, positions, or grades of employment
26may not exceed 3% of the total employment of the Authority. All

 

 

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1exempt offices, positions, and grades of employment shall be at
2will. No discrimination shall be made in any appointment or
3promotion to any office, position, or grade of exempt
4employment because of race, creed, color, sex, national origin,
5physical or mental handicap unrelated to ability, or religious
6or political affiliation. The Board may abolish any vacant or
7occupied office or position. Additionally, the Board may reduce
8the force of employees for lack of work or lack of funds as
9determined by the Board. When the number of positions or
10employees holding positions of regular employment within a
11particular job title and job schedule number are reduced, those
12employees with the least company seniority in that job title
13and job schedule number shall be first released from regular
14employment service. For a period of one year, an employee
15released from service shall be eligible for reinstatement to
16the job title and job schedule number from which he or she was
17released, in order of company seniority, if additional force of
18employees is required. "Company seniority" as used in this
19Section means the overall employment service credited to an
20employee by the Authority since the employee's most recent date
21of hire irrespective of job titles held. If 2 or more employees
22have the same company seniority date, time in the affected job
23title and job schedule number shall be used to break the
24company seniority tie. For purposes of this Section, company
25seniority shall be considered a working condition. When
26employees are represented by a labor organization that has a

 

 

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1labor agreement with the Authority, the wages, hours, and
2working conditions (including, but not limited to, seniority
3rights) shall be governed by the terms of the agreement. Exempt
4employment shall not include any employees who are represented
5by a labor organization that has a labor agreement with the
6Authority.
7    No employee, officer, or agent of the Chicago Transit Board
8may receive a bonus that exceeds 10% of his or her annual
9salary unless that bonus has been reviewed for a period of 14
10days by the Regional Transportation Authority Board. After 14
11days, the bonus shall be considered reviewed. This Section does
12not apply to usual and customary salary adjustments.
13(Source: P.A. 90-183, eff. 1-1-98.)
 
14    (70 ILCS 3605/28d new)
15    Sec. 28d. Employment contracts. Except as otherwise
16provided in Section 28a, before the Chicago Transit Board may
17enter into or amend any employment contract in excess of
18$100,000, the Chicago Transit Board must submit that contract
19or amendment to the Regional Transportation Authority Board for
20review for a period of 14 days. After 14 days, the contract
21shall be considered reviewed. This Section applies only to
22contracts entered into or amended on or after the effective
23date of this amendatory Act of the 98th General Assembly.
 
24    Section 20. The Regional Transportation Authority Act is

 

 

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1amended by changing Sections 1.02, 2.01, 2.01a, 2.06.1, 2.14,
23A.05, 3B.05, 4.01 and by adding Sections 3A.18, 3B.26, 4.15,
34.16 and 5.06 as follows:
 
4    (70 ILCS 3615/1.02)  (from Ch. 111 2/3, par. 701.02)
5    Sec. 1.02. Findings and Purpose.
6    (a) The General Assembly finds;
7        (i) Public transportation is, as provided in Section 7
8    of Article XIII of the Illinois Constitution, an essential
9    public purpose for which public funds may be expended and
10    that Section authorizes the State to provide financial
11    assistance to units of local government for distribution to
12    providers of public transportation. There is an urgent need
13    to reform and continue a unit of local government to assure
14    the proper management of public transportation and to
15    receive and distribute State or federal operating
16    assistance and to raise and distribute revenues for local
17    operating assistance. System generated revenues are not
18    adequate for such service and a public need exists to
19    provide for, aid and assist public transportation in the
20    northeastern area of the State, consisting of Cook, DuPage,
21    Kane, Lake, McHenry and Will Counties.
22        (ii) Comprehensive and coordinated regional public
23    transportation is essential to the public health, safety
24    and welfare. It is essential to economic well-being,
25    maintenance of full employment, conservation of sources of

 

 

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1    energy and land for open space and reduction of traffic
2    congestion and for providing and maintaining a healthful
3    environment for the benefit of present and future
4    generations in the metropolitan region. Public
5    transportation improves the mobility of the public and
6    improves access to jobs, commercial facilities, schools
7    and cultural attractions. Public transportation decreases
8    air pollution and other environmental hazards resulting
9    from excessive use of automobiles and allows for more
10    efficient land use and planning.
11        (iii) Because system generated receipts are not
12    presently adequate, public transportation facilities and
13    services in the northeastern area are in grave financial
14    condition. With existing methods of financing,
15    coordination and management, and relative convenience of
16    automobiles, such public transportation facilities are not
17    providing adequate public transportation to insure the
18    public health, safety and welfare.
19        (iv) Additional commitments to the public
20    transportation needs of the disabled, the economically
21    disadvantaged, and the elderly are necessary.
22        (v) To solve these problems, it is necessary to provide
23    for the creation of a regional transportation authority
24    with the powers necessary to insure adequate public
25    transportation.
26    (b) The General Assembly further finds, in connection with

 

 

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1this amendatory Act of 1983:
2        (i) Substantial, recurring deficits in the operations
3    of public transportation services subject to the
4    jurisdiction of the Regional Transportation Authority and
5    periodic cash shortages have occurred either of which could
6    bring about a loss of public transportation services
7    throughout the metropolitan region at any time;
8        (ii) A substantial or total loss of public
9    transportation services or any segment thereof would
10    create an emergency threatening the safety and well-being
11    of the people in the northeastern area of the State; and
12        (iii) To meet the urgent needs of the people of the
13    metropolitan region that such an emergency be averted and
14    to provide financially sound methods of managing the
15    provision of public transportation services in the
16    northeastern area of the State, it is necessary, while
17    maintaining and continuing the existing Authority, to
18    modify the powers and responsibilities of the Authority, to
19    reallocate responsibility for operating decisions, to
20    change the composition and appointment of the Board of
21    Directors thereof, and to immediately establish a new Board
22    of Directors.
23    (c) The General Assembly further finds in connection with
24this amendatory Act of the 95th General Assembly:
25        (i) The economic vitality of northeastern Illinois
26    requires regionwide and systemwide efforts to increase

 

 

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1    ridership on the transit systems, constrain road
2    congestion within the metropolitan region, and allocate
3    resources for transportation so as to assist in the
4    development of an adequate, efficient, geographically
5    equitable and coordinated regional transportation system
6    that is in a state of good repair.
7        (ii) To achieve the purposes of this amendatory Act of
8    the 95th General Assembly, the powers and duties of the
9    Authority must be enhanced to improve overall planning and
10    coordination, to achieve an integrated and efficient
11    regional transit system, to advance the mobility of transit
12    users, and to increase financial transparency of the
13    Authority and the Service Boards.
14    (d) It is the purpose of this Act to provide for, aid and
15assist public transportation in the northeastern area of the
16State without impairing the overall quality of existing public
17transportation by providing for the creation of a single
18authority responsive to the people and elected officials of the
19area and with the power and competence to develop, implement,
20and enforce plans that promote adequate, efficient,
21geographically equitable and coordinated public
22transportation, provide financial review of the providers of
23public transportation in the metropolitan region and
24facilitate public transportation provided by Service Boards
25which is attractive and economical to users, comprehensive,
26coordinated among its various elements, economical, safe,

 

 

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1efficient and coordinated with area and State plans.
2(Source: P.A. 95-708, eff. 1-18-08.)
 
3    (70 ILCS 3615/2.01)  (from Ch. 111 2/3, par. 702.01)
4    Sec. 2.01. General Allocation of Responsibility for Public
5Transportation.
6    (a) In order to accomplish the purposes as set forth in
7this Act, the responsibility for planning, operating, and
8funding public transportation in the metropolitan region shall
9be allocated as described in this Act. The Authority shall:
10        (i) adopt plans that implement the public policy of the
11    State to provide adequate, efficient, geographically
12    equitable and coordinated public transportation throughout
13    the metropolitan region;
14        (ii) set goals, objectives, and standards for the
15    Authority, the Service Boards, and transportation
16    agencies;
17        (iii) develop performance measures to inform the
18    public about the extent to which the provision of public
19    transportation in the metropolitan region meets those
20    goals, objectives, and standards;
21        (iv) allocate operating and capital funds made
22    available to support public transportation in the
23    metropolitan region;
24        (v) provide financial oversight of the Service Boards;
25    and

 

 

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1        (vi) coordinate the provision of public transportation
2    and the investment in public transportation facilities to
3    enhance the integration of public transportation
4    throughout the metropolitan region, all as provided in this
5    Act.
6    The Service Boards shall, on a continuing basis determine
7the level, nature and kind of public transportation which
8should be provided for the metropolitan region in order to meet
9the plans, goals, objectives, and standards adopted by the
10Authority. The Service Boards may provide public
11transportation by purchasing such service from transportation
12agencies through purchase of service agreements, by grants to
13such agencies or by operating such service, all pursuant to
14this Act and the "Metropolitan Transit Authority Act", as now
15or hereafter amended. Certain of its actions to implement the
16responsibilities allocated to the Authority in this subsection
17(a) shall be taken in 3 public documents adopted by the
18affirmative vote of at least 12 of its then Directors: A
19Strategic Plan; a Five-Year Capital Program; and an Annual
20Budget and Two-Year Financial Plan.
21    (b) The Authority shall subject the operating and capital
22plans and expenditures of the Service Boards in the
23metropolitan region with regard to public transportation to
24continuing review so that the Authority may budget and expend
25its funds with maximum effectiveness and efficiency. The
26Authority shall conduct audits of each of the Service Boards no

 

 

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1less than every 5 years. Such audits may include management,
2performance, financial, and infrastructure condition audits.
3The Authority may conduct management, performance, financial,
4and infrastructure condition audits of transportation agencies
5that receive funds from the Authority. The Authority may direct
6a Service Board to conduct any such audit of a transportation
7agency that receives funds from such Service Board, and the
8Service Board shall comply with such request to the extent it
9has the right to do so. These audits of the Service Boards or
10transportation agencies may be project or service specific
11audits to evaluate their achievement of the goals and
12objectives of that project or service and their compliance with
13any applicable requirements.
14(Source: P.A. 95-708, eff. 1-18-08.)
 
15    (70 ILCS 3615/2.01a)
16    Sec. 2.01a. Strategic Plan.
17    (a) By the affirmative vote of at least 12 of its then
18Directors, the Authority shall adopt a Strategic Plan, no less
19than every 5 years, after consultation with the Service Boards
20and after holding a minimum of 3 public hearings in Cook County
21and one public hearing in each of the other counties in the
22region. The Executive Director of the Authority shall review
23the Strategic Plan on an ongoing basis and make recommendations
24to the Board of the Authority with respect to any update or
25amendment of the Strategic Plan. The Strategic Plan shall

 

 

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1describe the specific actions to be taken by the Authority and
2the Service Boards to provide adequate, efficient, and
3coordinated public transportation.
4    (b) The Strategic Plan shall identify goals and objectives
5with respect to:
6        (i) increasing ridership and passenger miles on public
7    transportation funded by the Authority;
8        (ii) coordination of public transportation services
9    and the investment in public transportation facilities to
10    enhance the integration of public transportation
11    throughout the metropolitan region;
12        (iii) coordination of fare and transfer policies to
13    promote transfers by riders among Service Boards,
14    transportation agencies, and public transportation modes,
15    which may include goals and objectives for development of a
16    universal fare instrument that riders may use
17    interchangeably on all public transportation funded by the
18    Authority, and methods to be used to allocate revenues from
19    transfers;
20        (iv) improvements in public transportation facilities
21    to bring those facilities into a state of good repair,
22    enhancements that attract ridership and improve customer
23    service, and expansions needed to serve areas with
24    sufficient demand for public transportation;
25        (v) access for transit-dependent populations,
26    including access by low-income communities to places of

 

 

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1    employment, utilizing analyses provided by the Chicago
2    Metropolitan Agency for Planning regarding employment and
3    transportation availability, and giving consideration to
4    the location of employment centers in each county and the
5    availability of public transportation at off-peak hours
6    and on weekends;
7        (vi) the financial viability of the public
8    transportation system, including both operating and
9    capital programs;
10        (vii) limiting road congestion within the metropolitan
11    region and enhancing transit options to improve mobility;
12    and
13        (viii) such other goals and objectives that advance the
14    policy of the State to provide adequate, efficient,
15    geographically equitable and coordinated public
16    transportation in the metropolitan region.
17    (c) The Strategic Plan shall establish the process and
18criteria by which proposals for capital improvements by a
19Service Board or a transportation agency will be evaluated by
20the Authority for inclusion in the Five-Year Capital Program,
21which may include criteria for:
22        (i) allocating funds among maintenance, enhancement,
23    and expansion improvements;
24        (ii) projects to be funded from the Innovation,
25    Coordination, and Enhancement Fund;
26        (iii) projects intended to improve or enhance

 

 

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1    ridership or customer service;
2        (iv) design and location of station or transit
3    improvements intended to promote transfers, increase
4    ridership, and support transit-oriented land development;
5        (v) assessing the impact of projects on the ability to
6    operate and maintain the existing transit system; and
7        (vi) other criteria that advance the goals and
8    objectives of the Strategic Plan.
9    (d) The Strategic Plan shall establish performance
10standards and measurements regarding the adequacy, efficiency,
11geographic equity and coordination of public transportation
12services in the region and the implementation of the goals and
13objectives in the Strategic Plan. At a minimum, such standards
14and measures shall include customer-related performance data
15measured by line, route, or sub-region, as determined by the
16Authority, on the following:
17        (i) travel times and on-time performance;
18        (ii) ridership data;
19        (iii) equipment failure rates;
20        (iv) employee and customer safety; and
21        (v) customer satisfaction.
22    The Service Boards and transportation agencies that
23receive funding from the Authority or Service Boards shall
24prepare, publish, and submit to the Authority such reports with
25regard to these standards and measurements in the frequency and
26form required by the Authority; however, the frequency of such

 

 

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1reporting shall be no less than annual. The Service Boards
2shall publish such reports on their respective websites. The
3Authority shall compile and publish such reports on its
4website. Such performance standards and measures shall not be
5used as the basis for disciplinary action against any employee
6of the Authority or Service Boards, except to the extent the
7employment and disciplinary practices of the Authority or
8Service Board provide for such action.
9    (e) The Strategic Plan shall identify innovations to
10improve the delivery of public transportation and the
11construction of public transportation facilities.
12    (f) The Strategic Plan shall describe the expected
13financial condition of public transportation in the
14metropolitan region prospectively over a 10-year period, which
15may include information about the cash position and all known
16obligations of the Authority and the Service Boards including
17operating expenditures, debt service, contributions for
18payment of pension and other post-employment benefits, the
19expected revenues from fares, tax receipts, grants from the
20federal, State, and local governments for operating and capital
21purposes and issuance of debt, the availability of working
22capital, and the resources needed to achieve the goals and
23objectives described in the Strategic Plan.
24    (g) In developing the Strategic Plan, the Authority shall
25rely on such demographic and other data, forecasts, and
26assumptions developed by the Chicago Metropolitan Agency for

 

 

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1Planning with respect to the patterns of population density and
2growth, projected commercial and residential development, and
3environmental factors, within the metropolitan region and in
4areas outside the metropolitan region that may impact public
5transportation utilization in the metropolitan region. The
6Authority shall also consult with the Illinois Department of
7Transportation's Office of Planning and Programming when
8developing the Strategic Plan. Before adopting or amending any
9Strategic Plan, the Authority shall consult with the Chicago
10Metropolitan Agency for Planning regarding the consistency of
11the Strategic Plan with the Regional Comprehensive Plan adopted
12pursuant to the Regional Planning Act.
13    (h) The Authority may adopt, by the affirmative vote of at
14least 12 of its then Directors, sub-regional or corridor plans
15for specific geographic areas of the metropolitan region in
16order to improve the adequacy, efficiency, geographic equity
17and coordination of existing, or the delivery of new, public
18transportation. Such plans may also address areas outside the
19metropolitan region that may impact public transportation
20utilization in the metropolitan region. In preparing a
21sub-regional or corridor plan, the Authority may identify
22changes in operating practices or capital investment in the
23sub-region or corridor that could increase ridership, reduce
24costs, improve coordination, or enhance transit-oriented
25development. The Authority shall consult with any affected
26Service Boards in the preparation of any sub-regional or

 

 

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1corridor plans.
2    (i) If the Authority determines, by the affirmative vote of
3at least 12 of its then Directors, that, with respect to any
4proposed new public transportation service or facility, (i)
5multiple Service Boards or transportation agencies are
6potential service providers and (ii) the public transportation
7facilities to be constructed or purchased to provide that
8service have an expected construction cost of more than
9$25,000,000, the Authority shall have sole responsibility for
10conducting any alternatives analysis and preliminary
11environmental assessment required by federal or State law.
12Nothing in this subparagraph (i) shall prohibit a Service Board
13from undertaking alternatives analysis and preliminary
14environmental assessment for any public transportation service
15or facility identified in items (i) and (ii) above that is
16included in the Five-Year Capital Program as of the effective
17date of this amendatory Act of the 95th General Assembly;
18however, any expenditure related to any such public
19transportation service or facility must be included in a
20Five-Year Capital Program under the requirements of Sections
212.01b and 4.02 of this Act.
22(Source: P.A. 95-708, eff. 1-18-08.)
 
23    (70 ILCS 3615/2.06.1)  (from Ch. 111 2/3, par. 702.06.1)
24    Sec. 2.06.1. Bikeways and trails. The Authority may use its
25established funds, personnel, and other resources to acquire,

 

 

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1construct, operate, and maintain bikeways and trails. The
2Authority shall may cooperate with other governmental and
3private agencies in bikeway and trail programs.
4(Source: P.A. 87-985.)
 
5    (70 ILCS 3615/2.14)  (from Ch. 111 2/3, par. 702.14)
6    Sec. 2.14. Appointment of Officers and Employees. The
7Authority may appoint, retain and employ officers, attorneys,
8agents, engineers and employees. The officers shall include an
9Executive Director, who shall be the chief executive officer of
10the Authority, appointed by the Chairman with the concurrence
11of 11 of the other then Directors of the Board. The Executive
12Director shall organize the staff of the Authority, shall
13allocate their functions and duties, shall transfer such staff
14to the Suburban Bus Division and the Commuter Rail Division as
15is sufficient to meet their purposes, shall fix compensation
16and conditions of employment of the staff of the Authority, and
17consistent with the policies of and direction from the Board,
18take all actions necessary to achieve its purposes, fulfill its
19responsibilities and carry out its powers, and shall have such
20other powers and responsibilities as the Board shall determine.
21The Executive Director must be an individual of proven
22transportation and management skills and may not be a member of
23the Board. The Authority may employ its own professional
24management personnel to provide professional and technical
25expertise concerning its purposes and powers and to assist it

 

 

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1in assessing the performance of the Service Boards in the
2metropolitan region.
3    No employee, officer, or agent of the Authority may receive
4a bonus that exceeds 10% of his or her annual salary unless
5that bonus has been reviewed by the Board for a period of 14
6days. After 14 days, the contract shall be considered reviewed.
7This Section does not apply to usual and customary salary
8adjustments.
9    No unlawful discrimination, as defined and prohibited in
10the Illinois Human Rights Act, shall be made in any term or
11aspect of employment nor shall there be discrimination based
12upon political reasons or factors. The Authority shall
13establish regulations to insure that its discharges shall not
14be arbitrary and that hiring and promotion are based on merit.
15    The Authority shall be subject to the "Illinois Human
16Rights Act", as now or hereafter amended, and the remedies and
17procedure established thereunder. The Authority shall file an
18affirmative action program for employment by it with the
19Department of Human Rights to ensure that applicants are
20employed and that employees are treated during employment,
21without regard to unlawful discrimination. Such affirmative
22action program shall include provisions relating to hiring,
23upgrading, demotion, transfer, recruitment, recruitment
24advertising, selection for training and rates of pay or other
25forms of compensation.
26(Source: P.A. 95-708, eff. 1-18-08.)
 

 

 

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1    (70 ILCS 3615/3A.05)  (from Ch. 111 2/3, par. 703A.05)
2    Sec. 3A.05. Appointment of officers and employees. The
3Suburban Bus Board shall appoint an Executive Director who
4shall be the chief executive officer of the Division,
5appointed, retained or dismissed with the concurrence of 9 of
6the directors of the Suburban Bus Board. The Executive Director
7shall appoint, retain and employ officers, attorneys, agents,
8engineers, employees and shall organize the staff, shall
9allocate their functions and duties, fix compensation and
10conditions of employment, and consistent with the policies of
11and direction from the Suburban Bus Board take all actions
12necessary to achieve its purposes, fulfill its
13responsibilities and carry out its powers, and shall have such
14other powers and responsibilities as the Suburban Bus Board
15shall determine. The Executive Director shall be an individual
16of proven transportation and management skills and may not be a
17member of the Suburban Bus Board. The Division may employ its
18own professional management personnel to provide professional
19and technical expertise concerning its purposes and powers and
20to assist it in assessing the performance of transportation
21agencies in the metropolitan region.
22    No employee, officer, or agent of the Suburban Bus Board
23may receive a bonus that exceeds 10% of his or her annual
24salary unless that bonus has been reviewed by the Regional
25Transportation Authority Board for a period of 14 days. After

 

 

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114 days, the contract shall be considered reviewed. This
2Section does not apply to usual and customary salary
3adjustments.
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 Suburban Bus Board shall
8establish regulations to insure that its discharges shall not
9be arbitrary and that hiring and promotion are based on merit.
10    The Division shall be subject to the "Illinois Human Rights
11Act", as now or hereafter amended, and the remedies and
12procedure established thereunder. The Suburban Bus Board shall
13file an affirmative action program for employment by it with
14the Department 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. 95-906, eff. 8-26-08.)
 
22    (70 ILCS 3615/3A.18 new)
23    Sec. 3A.18. Employment contracts. Except as otherwise
24provided in Section 3A.14, before the Suburban Bus Board may
25enter into or amend any employment contract in excess of

 

 

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1$100,000, the Suburban Bus Board must submit that contract or
2amendment to the Board for review for a period of 14 days.
3After 14 days, the contract shall be considered reviewed. This
4Section applies only to contracts entered into or amended on or
5after the effective date of this amendatory Act of the 98th
6General Assembly.
 
7    (70 ILCS 3615/3B.05)  (from Ch. 111 2/3, par. 703B.05)
8    Sec. 3B.05. Appointment of officers and employees. The
9Commuter Rail Board shall appoint an Executive Director who
10shall be the chief executive officer of the Division,
11appointed, retained or dismissed with the concurrence of 8 of
12the directors of the Commuter Rail Board. The Executive
13Director shall appoint, retain and employ officers, attorneys,
14agents, engineers, employees and shall organize the staff,
15shall allocate their functions and duties, fix compensation and
16conditions of employment, and consistent with the policies of
17and direction from the Commuter Rail Board take all actions
18necessary to achieve its purposes, fulfill its
19responsibilities and carry out its powers, and shall have such
20other powers and responsibilities as the Commuter Rail Board
21shall determine. The Executive Director shall be an individual
22of proven transportation and management skills and may not be a
23member of the Commuter Rail Board. The Division may employ its
24own professional management personnel to provide professional
25and technical expertise concerning its purposes and powers and

 

 

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1to assist it in assessing the performance of transportation
2agencies in the metropolitan region.
3    No employee, officer, or agent of the Commuter Rail Board
4may receive a bonus that exceeds 10% of his or her annual
5salary unless that bonus has been reviewed by the Regional
6Transportation Authority Board for a period of 14 days. After
714 days, the contract shall be considered reviewed. This
8Section does not apply to usual and customary salary
9adjustments.
10    No unlawful discrimination, as defined and prohibited in
11the Illinois Human Rights Act, shall be made in any term or
12aspect of employment nor shall there be discrimination based
13upon political reasons or factors. The Commuter Rail Board
14shall establish regulations to insure that its discharges shall
15not be arbitrary and that hiring and promotion are based on
16merit.
17    The Division shall be subject to the "Illinois Human Rights
18Act", as now or hereafter amended, and the remedies and
19procedure established thereunder. The Commuter Rail Board
20shall file an affirmative action program for employment by it
21with the Department of Human Rights to ensure that applicants
22are employed and that employees are treated during employment,
23without regard to unlawful discrimination. Such affirmative
24action program shall include provisions relating to hiring,
25upgrading, demotion, transfer, recruitment, recruitment
26advertising, selection for training and rates of pay or other

 

 

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1forms of compensation.
2(Source: P.A. 95-708, eff. 1-18-08.)
 
3    (70 ILCS 3615/3B.26 new)
4    Sec. 3B.26. Employment contracts. Except as otherwise
5provided in Section 3B.13, before the Commuter Rail Board may
6enter into or amend any employment contract in excess of
7$100,000, the Commuter Rail Board must submit that contract or
8amendment to the Board for review for a period of 14 days.
9After 14 days, the contract shall be considered reviewed. This
10Section applies only to contracts entered into or amended on or
11after the effective date of this amendatory Act of the 98th
12General Assembly.
13    Before the Board of the Regional Transportation Authority
14may enter into or amend any employment contract in excess of
15$100,000, the Board must submit that contract to the Chairman
16and Minority Spokesman of the Mass Transit Committee, or its
17successor committee, of the House of Representatives, and to
18the Chairman and Minority Spokesman of the Transportation
19Committee, or its successor committee, of the Senate.
 
20    (70 ILCS 3615/4.01)  (from Ch. 111 2/3, par. 704.01)
21    Sec. 4.01. Budget and Program.
22    (a) The Board shall control the finances of the Authority.
23It shall by ordinance adopted by the affirmative vote of at
24least 12 of its then Directors (i) appropriate money to perform

 

 

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1the Authority's purposes and provide for payment of debts and
2expenses of the Authority, (ii) take action with respect to the
3budget and two-year financial plan of each Service Board, as
4provided in Section 4.11, and (iii) adopt an Annual Budget and
5Two-Year Financial Plan for the Authority that includes the
6annual budget and two-year financial plan of each Service Board
7that has been approved by the Authority. The Annual Budget and
8Two-Year Financial Plan shall contain a statement of the funds
9estimated to be on hand for the Authority and each Service
10Board at the beginning of the fiscal year, the funds estimated
11to be received from all sources for such year, the estimated
12expenses and obligations of the Authority and each Service
13Board for all purposes, including expenses for contributions to
14be made with respect to pension and other employee benefits,
15and the funds estimated to be on hand at the end of such year.
16The fiscal year of the Authority and each Service Board shall
17begin on January 1st and end on the succeeding December 31st.
18By July 1st of each year the Director of the Illinois
19Governor's Office of Management and Budget (formerly Bureau of
20the Budget) shall submit to the Authority an estimate of
21revenues for the next fiscal year of the Authority to be
22collected from the taxes imposed by the Authority and the
23amounts to be available in the Public Transportation Fund and
24the Regional Transportation Authority Occupation and Use Tax
25Replacement Fund and the amounts otherwise to be appropriated
26by the State to the Authority for its purposes. The Authority

 

 

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1shall file a copy of its Annual Budget and Two-Year Financial
2Plan with the General Assembly and the Governor after its
3adoption. Before the proposed Annual Budget and Two-Year
4Financial Plan is adopted, the Authority shall hold at least
5one public hearing thereon in the metropolitan region, and
6shall meet with the county board or its designee of each of the
7several counties in the metropolitan region. After conducting
8such hearings and holding such meetings and after making such
9changes in the proposed Annual Budget and Two-Year Financial
10Plan as the Board deems appropriate, the Board shall adopt its
11annual appropriation and Annual Budget and Two-Year Financial
12Plan ordinance. The ordinance may be adopted only upon the
13affirmative votes of 12 of its then Directors. The ordinance
14shall appropriate such sums of money as are deemed necessary to
15defray all necessary expenses and obligations of the Authority,
16specifying purposes and the objects or programs for which
17appropriations are made and the amount appropriated for each
18object or program. Additional appropriations, transfers
19between items and other changes in such ordinance may be made
20from time to time by the Board upon the affirmative votes of 12
21of its then Directors.
22    (b) The Annual Budget and Two-Year Financial Plan shall
23show a balance between anticipated revenues from all sources
24and anticipated expenses including funding of operating
25deficits or the discharge of encumbrances incurred in prior
26periods and payment of principal and interest when due, and

 

 

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1shall show cash balances sufficient to pay with reasonable
2promptness all obligations and expenses as incurred.
3    The Annual Budget and Two-Year Financial Plan must show:
4         (i) that the level of fares and charges for mass
5    transportation provided by, or under grant or purchase of
6    service contracts of, the Service Boards is sufficient to
7    cause the aggregate of all projected fare revenues from
8    such fares and charges received in each fiscal year to
9    equal at least 50% of the aggregate costs of providing such
10    public transportation in such fiscal year. "Fare revenues"
11    include the proceeds of all fares and charges for services
12    provided, contributions received in connection with public
13    transportation from units of local government other than
14    the Authority, except for contributions received by the
15    Chicago Transit Authority from a real estate transfer tax
16    imposed under subsection (i) of Section 8-3-19 of the
17    Illinois Municipal Code, and from the State pursuant to
18    subsection (i) of Section 2705-305 of the Department of
19    Transportation Law (20 ILCS 2705/2705-305), and all other
20    operating revenues properly included consistent with
21    generally accepted accounting principles but do not
22    include: the proceeds of any borrowings, and, beginning
23    with the 2007 fiscal year, all revenues and receipts,
24    including but not limited to fares and grants received from
25    the federal, State or any unit of local government or other
26    entity, derived from providing ADA paratransit service

 

 

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1    pursuant to Section 2.30 of the Regional Transportation
2    Authority Act. "Costs" include all items properly included
3    as operating costs consistent with generally accepted
4    accounting principles, including administrative costs, but
5    do not include: depreciation; payment of principal and
6    interest on bonds, notes or other evidences of obligation
7    for borrowed money issued by the Authority; payments with
8    respect to public transportation facilities made pursuant
9    to subsection (b) of Section 2.20 of this Act; any payments
10    with respect to rate protection contracts, credit
11    enhancements or liquidity agreements made under Section
12    4.14; any other cost to which it is reasonably expected
13    that a cash expenditure will not be made; costs for
14    passenger security including grants, contracts, personnel,
15    equipment and administrative expenses, except in the case
16    of the Chicago Transit Authority, in which case the term
17    does not include costs spent annually by that entity for
18    protection against crime as required by Section 27a of the
19    Metropolitan Transit Authority Act; the payment by the
20    Chicago Transit Authority of Debt Service, as defined in
21    Section 12c of the Metropolitan Transit Authority Act, on
22    bonds or notes issued pursuant to that Section; the payment
23    by the Commuter Rail Division of debt service on bonds
24    issued pursuant to Section 3B.09; expenses incurred by the
25    Suburban Bus Division for the cost of new public
26    transportation services funded from grants pursuant to

 

 

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1    Section 2.01e of this amendatory Act of the 95th General
2    Assembly for a period of 2 years from the date of
3    initiation of each such service; costs as exempted by the
4    Board for projects pursuant to Section 2.09 of this Act;
5    or, beginning with the 2007 fiscal year, expenses related
6    to providing ADA paratransit service pursuant to Section
7    2.30 of the Regional Transportation Authority Act; and in
8    fiscal years 2008 through 2012 inclusive, costs in the
9    amount of $200,000,000 in fiscal year 2008, reducing by
10    $40,000,000 in each fiscal year thereafter until this
11    exemption is eliminated; and
12        (ii) that the level of fares charged for ADA
13    paratransit services is sufficient to cause the aggregate
14    of all projected revenues from such fares charged and
15    received in each fiscal year to equal at least 10% of the
16    aggregate costs of providing such ADA paratransit
17    services. For purposes of this Act, the percentages in this
18    subsection (b)(ii) shall be referred to as the "system
19    generated ADA paratransit services revenue recovery
20    ratio". For purposes of the system generated ADA
21    paratransit services revenue recovery ratio, "costs" shall
22    include all items properly included as operating costs
23    consistent with generally accepted accounting principles.
24    However, the Board may exclude from costs an amount that
25    does not exceed the allowable "capital costs of
26    contracting" for ADA paratransit services pursuant to the

 

 

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1    Federal Transit Administration guidelines for the
2    Urbanized Area Formula Program.
3    (c) The actual administrative expenses of the Authority for
4the fiscal year commencing January 1, 1985 may not exceed
5$5,000,000. The actual administrative expenses of the
6Authority for the fiscal year commencing January 1, 1986, and
7for each fiscal year thereafter shall not exceed the maximum
8administrative expenses for the previous fiscal year plus 5%.
9"Administrative expenses" are defined for purposes of this
10Section as all expenses except: (1) capital expenses and
11purchases of the Authority on behalf of the Service Boards; (2)
12payments to Service Boards; and (3) payment of principal and
13interest on bonds, notes or other evidence of obligation for
14borrowed money issued by the Authority; (4) costs for passenger
15security including grants, contracts, personnel, equipment and
16administrative expenses; (5) payments with respect to public
17transportation facilities made pursuant to subsection (b) of
18Section 2.20 of this Act; and (6) any payments with respect to
19rate protection contracts, credit enhancements or liquidity
20agreements made pursuant to Section 4.14.
21    (d) This subsection applies only until the Department
22begins administering and enforcing an increased tax under
23Section 4.03(m) as authorized by this amendatory Act of the
2495th General Assembly. After withholding 15% of the proceeds of
25any tax imposed by the Authority and 15% of money received by
26the Authority from the Regional Transportation Authority

 

 

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1Occupation and Use Tax Replacement Fund, the Board shall
2allocate the proceeds and money remaining to the Service Boards
3as follows: (1) an amount equal to 85% of the proceeds of those
4taxes collected within the City of Chicago and 85% of the money
5received by the Authority on account of transfers to the
6Regional Transportation Authority Occupation and Use Tax
7Replacement Fund from the County and Mass Transit District Fund
8attributable to retail sales within the City of Chicago shall
9be allocated to the Chicago Transit Authority; (2) an amount
10equal to 85% of the proceeds of those taxes collected within
11Cook County outside the City of Chicago and 85% of the money
12received by the Authority on account of transfers to the
13Regional Transportation Authority Occupation and Use Tax
14Replacement Fund from the County and Mass Transit District Fund
15attributable to retail sales within Cook County outside of the
16city of Chicago shall be allocated 30% to the Chicago Transit
17Authority, 55% to the Commuter Rail Board and 15% to the
18Suburban Bus Board; and (3) an amount equal to 85% of the
19proceeds of the taxes collected within the Counties of DuPage,
20Kane, Lake, McHenry and Will shall be allocated 70% to the
21Commuter Rail Board and 30% to the Suburban Bus Board.
22    (e) This subsection applies only until the Department
23begins administering and enforcing an increased tax under
24Section 4.03(m) as authorized by this amendatory Act of the
2595th General Assembly. Moneys received by the Authority on
26account of transfers to the Regional Transportation Authority

 

 

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1Occupation and Use Tax Replacement Fund from the State and
2Local Sales Tax Reform Fund shall be allocated among the
3Authority and the Service Boards as follows: 15% of such moneys
4shall be retained by the Authority and the remaining 85% shall
5be transferred to the Service Boards as soon as may be
6practicable after the Authority receives payment. Moneys which
7are distributable to the Service Boards pursuant to the
8preceding sentence shall be allocated among the Service Boards
9on the basis of each Service Board's distribution ratio. The
10term "distribution ratio" means, for purposes of this
11subsection (e) of this Section 4.01, the ratio of the total
12amount distributed to a Service Board pursuant to subsection
13(d) of Section 4.01 for the immediately preceding calendar year
14to the total amount distributed to all of the Service Boards
15pursuant to subsection (d) of Section 4.01 for the immediately
16preceding calendar year.
17    (f) To carry out its duties and responsibilities under this
18Act, the Board shall employ staff which shall: (1) propose for
19adoption by the Board of the Authority rules for the Service
20Boards that establish (i) forms and schedules to be used and
21information required to be provided with respect to a five-year
22capital program, annual budgets, and two-year financial plans
23and regular reporting of actual results against adopted budgets
24and financial plans, (ii) financial practices to be followed in
25the budgeting and expenditure of public funds, (iii)
26assumptions and projections that must be followed in preparing

 

 

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1and submitting its annual budget and two-year financial plan or
2a five-year capital program; (2) evaluate for the Board public
3transportation programs operated or proposed by the Service
4Boards and transportation agencies in terms of the goals and
5objectives set out in the Strategic Plan; (3) keep the Board
6and the public informed of the extent to which the Service
7Boards and transportation agencies are meeting the goals and
8objectives adopted by the Authority in the Strategic Plan; and
9(4) assess the efficiency or adequacy of public transportation
10services provided by a Service Board and make recommendations
11for change in that service to the end that the moneys available
12to the Authority may be expended in the most economical manner
13possible with the least possible duplication.
14    (g) All Service Boards, transportation agencies,
15comprehensive planning agencies, including the Chicago
16Metropolitan Agency for Planning, or transportation planning
17agencies in the metropolitan region shall furnish to the
18Authority such information pertaining to public transportation
19or relevant for plans therefor as it may from time to time
20require. The Executive Director, or his or her designee, shall,
21for the purpose of securing any such information necessary or
22appropriate to carry out any of the powers and responsibilities
23of the Authority under this Act, have access to, and the right
24to examine, all books, documents, papers or records of a
25Service Board or any transportation agency receiving funds from
26the Authority or Service Board, and such Service Board or

 

 

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1transportation agency shall comply with any request by the
2Executive Director, or his or her designee, within 30 days or
3an extended time provided by the Executive Director.
4    (h) No Service Board shall undertake any capital
5improvement which is not identified in the Five-Year Capital
6Program.
7    (i) Each Service Board shall furnish to the Board access to
8its financial information including, but not limited to, audits
9and reports. The Board shall have real-time access to the
10financial information of the Service Boards; however, the Board
11shall be granted read-only access to the Service Board's
12financial information.
13(Source: P.A. 94-370, eff. 7-29-05; 95-708, eff. 1-18-08;
1495-906, eff. 8-26-08.)
 
15    (70 ILCS 3615/4.15 new)
16    Sec. 4.15. Revolving door prohibition. No Director,
17Service Board director or member, former Director, or former
18Service Board director or member shall, during his or her term
19and for a period of one year immediately after the end of his
20or her term, engage in business dealings with, knowingly accept
21employment from, or receive compensation or fees for services
22from the Regional Transportation Authority, the Suburban Bus
23Board, the Commuter Rail Board or the Chicago Transit Board.
24This prohibition shall not apply to any business dealings
25engaged in by the Director or Service Board director or member

 

 

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1in the course of his or her official duties or responsibilities
2as a Director or Service Board director or member.
 
3    (70 ILCS 3615/4.16 new)
4    Sec. 4.16. Severance and employment-related settlement
5agreements. If any of the Service Boards seek to enter into a
6severance agreement in excess of $50,000 or an
7employment-related settlement agreement in excess of $200,000,
8that agreement shall be reviewed by the Board prior to
9execution for a period of 14 days. After 14 days, the agreement
10shall be considered reviewed. The Board shall review the
11agreement to determine whether the terms are reasonable and in
12the region's best interest. The Service Boards may only enter
13into severance agreements or employment-related settlement
14agreements that have been reviewed by the Board.
 
15    (70 ILCS 3615/5.06 new)
16    Sec. 5.06. Greater Chicago Mass Transit Transparency and
17Accountability Portal (CHI-TAP).
18    (a) The Authority, within 12 months after the effective
19date of this amendatory Act of the 98th General Assembly, shall
20establish and maintain a website, known as the Greater Chicago
21Mass Transit Transparency and Accountability Portal (CHI-TAP),
22and shall be tasked with compiling and updating the CHI-TAP
23database with information received from the Authority and all
24of its Service Boards.

 

 

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1    (b) For purposes of this Section:
2        "Contracts" means payment obligations with vendors on
3    file to purchase goods and services exceeding $10,000 in
4    value.
5        "Recipients" means the Authority or any of its Service
6    Boards.
7    (c) The CHI-TAP shall provide direct access to each of the
8following:
9        (1) A database of all current employees of the
10    Authority and its Service Boards, sorted separately by:
11            (i) Name.
12            (ii) Employing entity.
13            (iii) Employing division or department.
14            (iv) Employment position title.
15            (v) Current base salary or hourly rate and
16        year-to-date gross pay.
17        (2) A database of all current Authority expenditures,
18    sorted separately by Service Board and category.
19        (3) A database of all Authority and Service Board
20    contracts entered into after the effective date of this
21    amendatory Act of the 98th General Assembly, sorted
22    separately by contractor name, awarding officer or agency,
23    contract value, and goods or services provided.
24        (4) A database of all employees of the Authority and
25    its Service Boards hired on or after the effective date of
26    this amendatory Act of the 98th General Assembly, sorted

 

 

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1    searchably by each of the following at the time of
2    employment:
3            (i) Name.
4            (ii) Employing entity.
5            (iii) Employing division.
6            (iv) Employment position title.
7            (v) Current base salary or hourly rate and
8        year-to-date gross pay.
9            (vi) County of employment location.
10            (vii) Status of position including, but not
11        limited to, bargained-for positions, at-will
12        positions, or not bargained for positions.
13            (viii) Employment status including, but not
14        limited to, full-time permanent, full-time temporary,
15        part-time permanent and part-time temporary.
16            (ix) Status as a military veteran.
17        (5) A database of publicly available accident-related
18    and safety-related information currently required to be
19    reported to the federal Secretary of Transportation under
20    49 U.S.C. 5335.
21    (d) The CHI-TAP shall include all information required to
22be published by subsection (c) of this Section that is
23available to the Authority in a format the Authority can
24compile and publish on the CHI-TAP. The Authority shall update
25the CHI-TAP within 30 days as additional information becomes
26available in a format that can be compiled and published on the

 

 

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1CHI-TAP by the Authority.
2    (e) Each Service Board shall cooperate with the Authority
3in furnishing the information necessary for the implementation
4of this Section within a timeframe specified by the Authority.
5    (f) The Authority and its Service Boards are independently
6responsible for the accuracy of the specific information
7provided by each agency to be displayed on CHI-TAP.
 
8    Section 90. The State Mandates Act is amended by adding
9Section 8.38 as follows:
 
10    (30 ILCS 805/8.38 new)
11    Sec. 8.38. Exempt mandate. Notwithstanding Sections 6 and 8
12of this Act, no reimbursement by the State is required for the
13implementation of any mandate created by this amendatory Act of
14the 98th General Assembly.