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Full Text of SB1594  98th General Assembly

SB1594 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1594

 

Introduced 2/13/2013, by Sen. Terry Link

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Transportation Modernization Act. Provides for the purpose of the Act and creates a transition committee that shall develop a detailed staff and operations integration plan to merge the staffs and operations of the Regional Transportation Authority and the Chicago Metropolitan Agency for Planning. Provides guidelines for the staff and operations integration plan. Amends the Regional Planning Act. Defines "Board Transition Date" and "service boards". Provides that on or after the Board Transition Date: (1) the Board shall consist of 18 members with specifically designated appointments and terms; (2) new Board appointees shall also serve as members of the Wastewater Committee; (3) an affirmative vote of three-fifths of Board members is required to take any action; and (4) the appointment of the chairman shall require the affirmative vote of at least 13 of the then members. Further provides that terms of board members currently appointed shall expire the day before the Board Transition Date. Provides that Board composition shall not be revised to allow a voting member that does not reside within the metropolitan region. Provides recommended legislation to complete the merger of the RTA and CMA. Further provides that for the exercise of authority under the Regional Transportation Authority Act, the jurisdiction and area of operation of the Board includes only the metropolitan region. Provides additional powers to the Board with respect to merging the RTA and CMAP. Amends the Regional Transportation Authority Act. Defines "Board Transition Date". Provides that the executive director hired under the Regional Planning Act shall serve as the Executive Director of the Authority. Provides for Board appointments after the Board Transition Date. Repeals Sections regarding the Chairman and other officers, terms and vacancies, and compensation on the Board Transition Date. Effective immediately.


LRB098 10051 OMW 40210 b

 

 

A BILL FOR

 

SB1594LRB098 10051 OMW 40210 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 1. Short title. This Act may be cited as the
5Transportation Modernization Act.
 
6    Section 5. Purpose. The General Assembly declares and
7determines that a streamlined governance structure that
8integrates regional comprehensive planning and transit system
9oversight is necessary to conserve public resources and achieve
10the most effective public and private transportation
11investments that are vital to making the northeastern Illinois
12region competitive in the global economy. It is the intent of
13the General Assembly to merge, through an orderly transition,
14the operations and governance of the Regional Transportation
15Authority (RTA) and the Chicago Metropolitan Agency for
16Planning (CMAP) in order to most efficiently and effectively
17address the region's development and transportation
18challenges. It is intended that the new board and agency
19resulting from this merger eliminate unnecessary and
20duplicative functions and provide the most cost-effective
21means to ensure that transit services are fast, well-planned,
22coordinated, well-maintained, efficient, convenient, safe, and
23attractive and achieve a doubling of transit use in 25 years.
 

 

 

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1    Section 10. Transition Committee.
2    (a) Promptly after the effective date of this Act, the RTA
3and CMAP shall establish a Transition Committee that includes
4eight members, as follows:
5        (1) The Executive Directors of both RTA and CMAP;
6        (2) The board chairpersons of both RTA and CMAP; and
7        (3) Two other board members selected by the RTA's and
8    CMAP's respective board chairpersons.
9CMAP shall provide staffing support for the Transition
10Committee.
11    (b) Within 6 months of the effective date of this Act, the
12Executive Director of CMAP, in consultation with the other
13members of the Transition Committee, shall develop a detailed
14staff and operations integration plan to merge the staffs and
15operations of the RTA and CMAP to the fullest extent
16permissible by law. The members of the Transition Committee
17shall consult with the appointing authorities of the RTA and
18CMAP governing boards during the development of the staff and
19operations integration plan. The staff and operations
20integration plan must address, without limitation:
21        (1) Labor and employment matters, including employee
22    pensions and benefits;
23        (2) Operational and administrative matters relating to
24    the merging of staff and operations, including equipment
25    and technology, leases and contracts, and office space;

 

 

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1        (3) The alignment of functions and responsibilities of
2    the RTA and CMAP; and
3        (4) The alignment of fiscal, budgeting, and planning
4    processes of the RTA and CMAP.
5    (c) Within 8 months of the effective date of this Act, the
6Executive Director of CMAP, in consultation with the other
7members of Transition Committee and subject to applicable
8governing board authority, shall oversee the merger of the
9staff and operations of RTA into CMAP and implement those
10portions of the staff and operations integration plan that do
11not require further legislative action to effectuate.
 
12    Section 15. The Regional Planning Act is amended by
13changing Sections 10, 15, 25, 30, and 35 and by adding Sections
1425a and 25b as follows:
 
15    (70 ILCS 1707/10)
16    Sec. 10. Definitions.
17    "Board" means the Board of the Chicago Metropolitan Agency
18for Planning.
19    "Board Transition Date" means January 1, 2014 or the first
20day of the sixth full calendar month following the effective
21date of this amendatory Act of the 98th General Assembly,
22whichever is later.
23    "CMAP" means the Chicago Metropolitan Agency for Planning.
24    "Chief elected county official" means the Board Chairman in

 

 

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1DuPage, Kane, Kendall, Lake, and McHenry Counties and the
2County Executive in Will County.
3    "Fiscal year" means the fiscal year of the State.
4    "IDOT" means the Illinois Department of Transportation.
5    "MPO" means the metropolitan planning organization
6designated under 23 U.S.C. 134.
7    "Members" means the members of the Board.
8    "Person" means an individual, partnership, firm, public or
9private corporation, State agency, transportation agency, or
10unit of local government.
11    "Policy Committee" means the decision-making body of the
12MPO.
13    "Region" or "northeastern Illinois region" means Cook,
14DuPage, Kane, Kendall, Lake, McHenry, and Will Counties.
15    "Service Boards" means the Board of the Commuter Rail
16Division of the Regional Transportation Authority, the Board of
17the Suburban Bus Division of the Regional Transportation
18Authority, and the Board of the Chicago Transit Authority
19established under the "Metropolitan Transit Authority Act",
20approved April 12, 1945, as now or hereafter amended.
21    "State agency" means "agency" as defined in Section 1-20 of
22the Illinois Administrative Procedure Act.
23    "Transportation agency" means the Regional Transportation
24Authority and its Service Boards; the Illinois Toll Highway
25Authority; the Illinois Department of Transportation; and the
26transportation functions of units of local government.

 

 

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1    "Unit of local government" means a unit of local
2government, as defined in Section 1 of Article VII of the
3Illinois Constitution, that is located within the jurisdiction
4and area of operation of the Board.
5    "USDOT" means the United States Department of
6Transportation.
7(Source: P.A. 94-510, eff. 8-9-05; 95-677, eff. 10-11-07.)
 
8    (70 ILCS 1707/15)
9    Sec. 15. Chicago Metropolitan Agency for Planning;
10structure.
11    (a) The Chicago Metropolitan Agency for Planning is
12established as a political subdivision, body politic, and
13municipal corporation. The Board shall be responsible for
14developing and adopting a funding and implementation strategy
15for an integrated land use and transportation planning process
16for the northeastern Illinois region.
17    (b) (Blank.)
18    (c) Prior to the Board Transition Date, the The Board shall
19consist of 15 voting members as follows:
20        (1) One member from DuPage County appointed
21    cooperatively by the mayors of DuPage County and the chief
22    elected county official of DuPage County.
23        (2) One member representing both Kane and Kendall
24    Counties appointed cooperatively by the mayors of Kane
25    County and Kendall County and the chief elected county

 

 

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

 

 

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

 

 

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1        Kane County Board with the advice and consent of the
2        Kane County Board, and in consultation with the
3        Chairman of the Kendall County Board. That member shall
4        reside in Kane County.
5            (ii) One member appointed by the County Executive
6        of Will County with the advice and consent of the Will
7        County Board. That member shall reside in Will County.
8            (iii) One member appointed by the Chairman of the
9        DuPage County Board with the advice and consent of the
10        DuPage County Board. That member shall reside in DuPage
11        County.
12            (iv) One member appointed by the Chairman of the
13        Lake County Board with the advice and consent of the
14        Lake County Board. That member shall reside in Lake
15        County.
16            (v) One member appointed by the Chairman of the
17        McHenry County Board with the advice and consent of the
18        McHenry County Board. That member shall reside in
19        McHenry County.
20        (4) Three members appointed by the Governor, selected
21    after consultation with the Senate President, the Speaker
22    of the House of Representatives, the Senate Minority
23    Leader, and the House of Representatives Minority Leader.
24    No more than two members may be from the same political
25    party as the Governor holding office at the time the
26    appointments are made. Party membership is defined as

 

 

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1    having voted in the primary of the party in the last
2    primary before appointment. The residency of those members
3    shall be as follows:
4            (i) one member who resides in the City of Chicago;
5            (ii) one member who resides in Cook County outside
6        the City of Chicago; and
7            (iii) one member who resides in DuPage, Kane,
8        Kendall, Lake, McHenry, or Will County.
9        The members appointed under this subsection may be
10    appointed from among the members of the governing bodies of
11    the Chicago Metropolitan Agency for Planning and the
12    Regional Transportation Authority serving prior to the
13    Board Transition Date. A member of the Board appointed
14    under this subsection shall not also serve on a Service
15    Board, as defined in Section 1.03 of the Regional
16    Transportation Authority Act. The terms of the members
17    appointed to the Board under this subsection shall begin
18    upon their appointment.
19    (d) The CMAP Board may appoint non-voting members of the
20Board. On and after the Board Transition Date, the Board shall
21include a non-voting member appointed by the Chairman of the
22Kendall County Board. A non-voting member shall reside in
23Kendall County.
24    (e) (1) The CMAP Board shall create a Wastewater Committee
25with the responsibility of recommending directly to the
26Illinois Environmental Protection Agency (IEPA) the

 

 

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1appropriateness of proposed requests for modifications and
2amendments to the established boundaries of wastewater
3facility planning areas, requests for the creation of new
4wastewater facility planning areas, requests for the
5elimination of existing wastewater facility planning areas,
6requests for new or expanded sewage treatment facilities, or
7any other amendments to the State of Illinois Water Quality
8Management Plan required under the federal Clean Water Act. The
9Chairmanship of the Wastewater Committee shall rotate every 24
10months between the individuals described in subsections
11(e)(2)(iv) and (e)(2)(v) with the individual identified in
12subsection (e)(2)(v) serving as chairman for the initial
1324-month period commencing on the effective date of this
14amendatory Act of the 95th General Assembly.
15        (2) The Wastewater Committee shall consist of 5 members
16    of the CMAP Board designated as follows:
17            (i) One member of the Wastewater Committee shall,
18        prior to the Board Transition Date, be one of the CMAP
19        Board members designated in subsection (c)(1) through
20        (c)(5) and, on and after the Board Transition Date, one
21        of the Board members designated in subsection
22        (c-5)(3).
23            (ii) One member of the Wastewater Committee shall,
24        prior to the Board Transition Date, be one of the CMAP
25        Board members designated in subsection (c)(6) and, on
26        and after the Board Transition Date, one of the Board

 

 

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1        members designated in subsection (c-5)(1).
2            (iii) One member of the Wastewater Committee
3        shall, prior to the Board Transition Date, be one of
4        the CMAP Board members designated in subsection (c)(7)
5        or (c)(8) and, on and after the Board Transition Date,
6        one of the Board members designated in subsection
7        (c-5)(2).
8            (iv) One member of the Wastewater Committee shall
9        be a person appointed by the President of the
10        Metropolitan Water Reclamation District of Greater
11        Chicago (and who does not need to serve on the CMAP
12        Board).
13            (v) One member of the Wastewater Committee shall be
14        a person appointed by the President of the largest
15        statewide association of wastewater agencies (and who
16        does not need to serve on the CMAP Board).
17        (3) Terms of the members of the Wastewater Committee
18    shall be consistent with those identified in Section 25,
19    except that the term of the member of the Wastewater
20    Committee appointed by the President of the Metropolitan
21    Water Reclamation District of Greater Chicago shall expire
22    on July 1, 2009, and the term of the member of the
23    Wastewater Committee appointed by the President of the
24    largest statewide association of wastewater agencies shall
25    expire on July 1, 2009.
26    (f) With the exception of matters considered and

 

 

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1recommended by the Wastewater Committee directly to the IEPA,
2which shall require only a concurrence of a simple majority of
3the Wastewater Committee members in office, the following
4affirmative vote requirements shall apply to actions of the
5Board:
6        (1) Prior to the Board Transition Date, concurrence of
7    four-fifths of the Board members in office is necessary for
8    the Board to take any action; and
9        (2) On and after the Board Transition Date, the
10    affirmative vote of three-fifths of the Board members in
11    office is necessary for the Board to take any action.
12        
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. Board members shall hold office for a term of 4 years or
23until successors are appointed and qualified; provided,
24however, that the terms of all members of the Board then in
25office shall expire one day before the Board Transition Date,

 

 

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1and the terms of Board members appointed under subsection (c-5)
2of Section 15 of this Act shall expire as set forth in
3subsection (a-5) of this Section. On and after the Board
4Transition Date, the Board may meet and take action when 12
5members have been appointed and are qualified to enter upon the
6duties of the office under this subsection.
7    The terms of the initial Board members shall expire as
8follows:
9        (1) The terms of the member from DuPage County and the
10    member representing both Kane and Kendall Counties shall
11    expire on July 1, 2007.
12        (2) The terms of those members from Lake, McHenry, and
13    Will Counties shall expire on July 1, 2009.
14        (3) As designated at the time of appointment, the terms
15    of 2 members from the City of Chicago shall expire on July
16    1, 2007 and the terms of 3 members from the City of Chicago
17    shall expire on July 1, 2009.
18        (4) The term of the member appointed by the President
19    of the Cook County Board of Commissioners shall expire on
20    July 1, 2007.
21        (5) The terms of those members appointed, with the
22    consent of the President of the Cook County Board of
23    Commissioners, by the mayors representing those
24    communities in Cook County that are outside of the City of
25    Chicago and north of Devon Avenue shall expire on July 1,
26    2007.

 

 

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

 

 

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1    of the County Boards of DuPage and Kane Counties shall
2    expire on July 1, 2016;
3        (2) the terms of the members appointed by the Chairmen
4    of the County Boards of Lake and McHenry Counties and the
5    member appointed by the County Executive of Will County
6    shall expire on July 1, 2018;
7        (3) as designated at the time of appointment, the terms
8    of 2 members appointed by the Mayor of the City of Chicago
9    shall expire on July 1, 2015 and the terms of 3 members
10    appointed by the Mayor of the City of Chicago shall expire
11    on July 1, 2018;
12        (4) as designated at the time of appointment, the terms
13    of 3 of the members appointed by the President of the Cook
14    County Board shall expire on July 1, 2016 and the terms of
15    2 of the members appointed by the President of the Cook
16    County Board shall expire on July 1, 2018; and
17        (5) as designated at the time of appointment, the terms
18    of 2 of the members appointed by the Governor shall expire
19    on July 1, 2015 and the terms of 1 member appointed by the
20    Governor shall expire on July 1, 2018.
21    (b) If a vacancy occurs, the appropriate appointing
22authority shall fill the vacancy by an appointment for the
23unexpired term. Board members shall receive no compensation,
24but shall be reimbursed for expenses incurred in the
25performance of their duties.
26    (c) The Board shall be so appointed as to represent the

 

 

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

 

 

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1accordance with the provisions of the State Records Act.
2    (f) At its initial meeting and its first regular meeting
3after July 1 of each year thereafter, the Board from its
4membership shall appoint a chairman and may appoint vice
5chairmen and shall provide the term and duties of those
6officers pursuant to its bylaws. On and after the Board
7Transition Date, the appointment of the chairman shall require
8the affirmative vote of at least 13 of the then members. Before
9entering upon duties of office, the chairman shall execute a
10bond with corporate sureties to be approved by the Board and
11shall file it with the principal office of the Board. The bond
12shall be payable to the Board in whatever penal sum may be
13directed and shall be conditioned upon the faithful performance
14of the duties of office and the payment of all money received
15by the chairman according to law and the orders of the Board.
16The Board may appoint, from time to time, an executive
17committee and standing and ad hoc committees to assist in
18carrying out its responsibilities.
19(Source: P.A. 94-510, eff. 8-9-05; 95-677, eff. 10-11-07.)
 
20    (70 ILCS 1707/25a new)
21    Sec. 25a. Recommended legislation to complete the merger of
22the Regional Transportation Authority and Chicago Metropolitan
23Agency for Planning.
24    (a) Within 9 months of the Board Transition Date, the Board
25shall prepare and recommend for enactment by the General

 

 

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1Assembly legislation that meets the requirements of subsection
2(b) of this Section. Prior to submitting its recommended
3legislation to the General Assembly, the Board shall consult
4with the appointing authorities of the Board and conduct at
5least 3 public hearings in Cook County and at least one public
6hearing in each of the following counties: DuPage County, Kane
7County, Kendall County, Lake County, McHenry County, and Will
8County. Through the consultation and public hearing process,
9the Board shall develop goals, objectives, and principles to
10charge and guide the governance structure for regional
11comprehensive planning and transit oversight. These goals,
12objectives, and principles shall be in addition to the
13responsibilities of the Board and agency set forth in this Act
14and shall address and be generally consistent with the
15following:
16        (i) double the use of public transit in the
17    northeastern Illinois region by 2040;
18        (ii) ensure that transit services are well
19    coordinated, easy to use, safe, reliable, attractive, well
20    maintained, and efficient;
21        (iii) identify and eliminate unnecessary functions of
22    RTA, CMAP, and the Service Boards;
23        (iv) eliminate duplication of functions among RTA,
24    CMAP, and the Service Boards;
25        (v) ensure that methods of raising revenue and
26    allocating funds are based on sound criteria, will reward

 

 

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1    efficiency and coordinated performance, are fair, and are
2    adequate to meet the northeastern Illinois region's
3    changing needs; and
4        (vi) ensure that transit investments are consistent
5    with the regional comprehensive plan developed under
6    Section 45 of this Act.
7    (b) The legislation prepared by the Board under subsection
8(a) of this Section shall, without limitation:
9        (i) designate the name of the new agency resulting from
10    the merger of the Regional Transportation Authority and
11    CMAP;
12        (ii) merge the powers and authorities contained within
13    this Act and the Regional Transportation Authority Act;
14        (iii) address the assumption of bonds and other
15    indebtedness of the Regional Transportation Authority and
16    CMAP by the new agency resulting from their merger;
17        (iv) address the transfer of assets, liabilities, and
18    obligations to the new agency;
19        (v) address the ability of employees to transfer
20    creditable service to the pension system utilized by the
21    new agency;
22        (vi) establish methods for allocating operating
23    subsidies to the Service Boards that will replace those
24    methods in effect as of the effective date of this
25    amendatory Act, further the goals identified in subsection
26    (a) of this Section, and be consistent with the strategic

 

 

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1    planning requirements contained in Sections 2.01 and 2.01a
2    of the Regional Transportation Authority Act;
3        (vii) establish methods for allocating capital funding
4    to the Service Boards that will replace those methods in
5    effect as of the effective date of this amendatory Act of
6    the 98th General Assembly, further the goals identified in
7    subsection (a) of this Section, and be consistent with the
8    strategic planning processes and Five Year Capital Program
9    requirements contained in Sections 2.01, 2.01a, and 2.01b
10    of the Regional Transportation Authority Act; and
11        (viii) include all other provisions needed to
12    effectuate the merger of the staff, operations, and
13    functions of the RTA and CMAP into the new agency.
14    (c) Within 12 months of the Board Transition Date, the
15Board shall, in cooperation with Illinois Department of
16Transportation, the Illinois Toll Highway Authority, and the
17Service Boards, develop, adopt, and commence implementation of
18a plan to double the use of public transit in the northeastern
19Illinois region by 2040. The Board shall ensure that the plan
20is cost-effective and financially sound. Upon adoption, the
21plan must be submitted to the Governor, the Illinois Senate
22President, the Speaker of the Illinois House of
23Representatives, the Illinois Senate Minority Leader, and the
24Illinois House of Representatives Minority Leader.
 
25    (70 ILCS 1707/25b new)

 

 

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1    Sec. 25b. Coordination of Service Boards.
2    (a) By no later than July 1, 2015, the Board shall:
3        (i) develop and commence implementation of a process
4    through which the Service Boards shall engage in joint
5    procurement and purchasing of insurance, risk management
6    services, energy, fuel, and other services or commodities
7    as the Board may determine are appropriate for joint
8    purchasing for the purpose of obtaining best pricing and
9    overall value; and
10        (ii) develop and commence implementation of a system
11    under which each Service Board shall sell tickets or fare
12    cards for the fixed-route transportation services operated
13    by each of the other Service Boards, unless the Service
14    Boards operate under a unified fare payment system. The
15    ticket agents employed by each Service Board shall make
16    tickets and fare cards available to consumers for purchase
17    and shall be trained to assist consumers in accessing the
18    transportation services operated by each of the other
19    Service Boards.
 
20    (70 ILCS 1707/30)
21    Sec. 30. Jurisdiction and area of operation. The
22jurisdiction and area of operation of the Board includes Cook,
23DuPage, Kane, Kendall, Lake, McHenry, and Will Counties. The
24Board may enter into agreements with units of local government
25located outside of, but contiguous to, its jurisdiction and

 

 

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

 

 

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

 

 

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1        (10) To cooperate with any planning agency of a state
2    contiguous to the region in order to integrate and
3    coordinate plans for development of urban areas in that
4    state with the regional comprehensive plan developed under
5    this Act.
6        (11) On and after the Board Transition Date, to serve
7    as the corporate authorities and governing body of the
8    Regional Transportation Authority under the Regional
9    Transportation Authority Act and to assume all powers and
10    duties of the Board of the Regional Transportation
11    Authority, as provided in the Regional Transportation
12    Authority Act.
13        (12) On and after the Board Transition Date, to manage
14    the operations of CMAP and the Regional Transportation
15    Authority until the time when the powers and authorities of
16    those agencies are merged, including without limitation,
17    determining the appropriate designation of all programs
18    and functions under the authority of the Board.
19        (13) On and after the Board Transition Date, to manage
20    the operating and capital plans and expenditures of CMAP
21    and the Regional Transportation Authority in accordance
22    with the continuing evaluation, review, and audit
23    processes provided in Section 2.01(b) of the Regional
24    Transportation Authority Act.
25(Source: P.A. 94-510, eff. 8-9-05.)
 

 

 

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1    Section 35. The Regional Transportation Authority Act is
2amended by changing Sections 1.03, 2.14, 3.01, 3.02, 3.03, and
33.04 as follows:
 
4    (70 ILCS 3615/1.03)  (from Ch. 111 2/3, par. 701.03)
5    Sec. 1.03. Definitions. As used in this Act:
6    "Authority" means the Regional Transportation Authority;
7    "Board" means the Board of Directors of the Regional
8Transportation Authority;
9    "Board Transition Date" means January 1, 2014 or the first
10day of the sixth full calendar month following the effective
11date of this amendatory Act of the 98th General Assembly,
12whichever is later.
13    "Construct or acquire" means plan, design, construct,
14reconstruct, improve, modify, extend, landscape, expand or
15acquire;
16    "Metropolitan Region" means all territory included within
17the territory of the Authority as provided in this Act, and
18such territory as may be annexed to the Authority;
19    "Municipality", "County" and "Unit of Local Government"
20have the meanings given to such terms in Section 1 of Article
21VII of the Illinois Constitution;
22    "Operate" means operate, maintain, administer, repair,
23promote and any other acts necessary or proper with regard to
24such matters;
25    "Public Transportation" means the transportation or

 

 

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1conveyance of persons within the metropolitan region by means
2available to the general public, including groups of the
3general public with special needs, except for transportation by
4automobiles not used for conveyance of the general public as
5passengers;
6    "Public Transportation Facilities" means all equipment or
7property, real or personal, or rights therein, useful or
8necessary for providing, maintaining or administering public
9transportation within the metropolitan region or otherwise
10useful for carrying out or meeting the purposes or powers of
11the Authority, except it shall not include roads, streets,
12highways or bridges or toll highways or toll bridges for
13general public use; and
14    "Service Boards" means the Board of the Commuter Rail
15Division of the Authority, the Board of the Suburban Bus
16Division of the Authority and the Board of the Chicago Transit
17Authority established pursuant to the "Metropolitan Transit
18Authority Act", approved April 12, 1945, as now or hereafter
19amended.
20    "Transportation Agency" means any individual, firm,
21partnership, corporation, association, body politic, municipal
22corporation, public authority, unit of local government or
23other person, other than the Authority and the Service Boards,
24which provides public transportation, any local mass transit
25district created pursuant to the "Local Mass Transit District
26Act", as now or hereafter amended, and any urban transportation

 

 

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1district created pursuant to the "Urban Transportation
2District Act", as now or hereafter amended, which districts are
3located in whole or in part within the metropolitan region.
4(Source: P.A. 83-885; 83-886.)
 
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. Prior to the Board Transition Date, the
11Executive Director shall be , appointed by the Chairman with the
12concurrence of 11 of the other then Directors of the Board. On
13and after the Board Transition Date, the executive director
14hired under Section 20 of the Regional Planning Act shall also
15be the Executive Director of the Authority. The Executive
16Director shall organize the staff of the Authority, shall
17allocate their functions and duties, shall transfer such staff
18to the Suburban Bus Division and the Commuter Rail Division as
19is sufficient to meet their purposes, shall fix compensation
20and conditions of employment of the staff of the Authority, and
21consistent with the policies of and direction from the Board,
22take all actions necessary to achieve its purposes, fulfill its
23responsibilities and carry out its powers, and shall have such
24other powers and responsibilities as the Board shall determine.
25The Executive Director must be an individual of proven

 

 

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

 

 

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1    Sec. 3.01. Board of Directors. Prior to the Board
2Transition Date, the The corporate authorities and governing
3body of the Authority shall be a Board consisting of 13
4Directors until April 1, 2008, and 16 Directors thereafter,
5appointed as follows:
6    (a) Four Directors appointed by the Mayor of the City of
7Chicago, with the advice and consent of the City Council of the
8City of Chicago, and, only until April 1, 2008, a fifth
9director who shall be the Chairman of the Chicago Transit
10Authority. After April 1, 2008, the Mayor of the City of
11Chicago, with the advice and consent of the City Council of the
12City of Chicago, shall appoint a fifth Director. The Directors
13appointed by the Mayor of the City of Chicago shall not be the
14Chairman or a Director of the Chicago Transit Authority. Each
15such Director shall reside in the City of Chicago.
16    (b) Four Directors appointed by the votes of a majority of
17the members of the Cook County Board elected from districts, a
18majority of the electors of which reside outside Chicago. After
19April 1, 2008, a fifth Director appointed by the President of
20the Cook County Board with the advice and consent of the
21members of the Cook County Board. Each Director appointed under
22this subparagraph shall reside in that part of Cook County
23outside Chicago.
24    (c) Until April 1, 2008, 3 Directors appointed by the
25Chairmen of the County Boards of DuPage, Kane, Lake, McHenry,
26and Will Counties, as follows:

 

 

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

 

 

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

 

 

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1Notwithstanding anything to the contrary contained in this Act,
2any action or approval that requires the affirmative vote of
3the Directors of the Authority under this Act on and after the
4Board Transition Date may be authorized by the affirmative vote
5of three-fifths of the members of the board appointed under
6subsection (c-5) of Section 15 of the Regional Planning Act
7then holding office.
8    (e) The Chairman serving on the effective date of this
9amendatory Act of the 95th General Assembly shall continue to
10serve as Chairman until the expiration of his or her term of
11office and until his or her successor is appointed and
12qualified or a vacancy occurs in the office. Upon the
13expiration or vacancy of the term of the Chairman then serving
14upon the effective date of this amendatory Act of the 95th
15General Assembly, and until the Board Transition Date, the
16Chairman shall be appointed by the other Directors, by the
17affirmative vote of at least 11 of the then Directors with at
18least 2 affirmative votes from Directors who reside in the City
19of Chicago, at least 2 affirmative votes from Directors who
20reside in Cook County outside the City of Chicago, and at least
212 affirmative votes from Directors who reside in the Counties
22of DuPage, Lake, Will, Kane, or McHenry. The chairman shall not
23be appointed from among the other Directors. Until the Board
24Transition Date, the The chairman shall be a resident of the
25metropolitan region. On and after the Board Transition Date,
26the chairman of the Authority shall mean the Chairman appointed

 

 

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1under subsection (f) of Section 25 of the Regional Planning
2Act.
3    (f) Except as otherwise provided by this Act no Director
4shall, while serving as such, be an officer, a member of the
5Board of Directors or Trustees or an employee of any Service
6Board or transportation agency, or be an employee of the State
7of Illinois or any department or agency thereof, or of any unit
8of local government or receive any compensation from any
9elected or appointed office under the Constitution and laws of
10Illinois; except that a Director may be a member of a school
11board.
12    (g) Each appointment made under this Section and under
13Section 3.03 shall be certified by the appointing authority to
14the Board, which shall maintain the certifications as part of
15the official records of the Authority.
16    (h) (Blank).
17(Source: P.A. 95-708, eff. 1-18-08.)
 
18    (70 ILCS 3615/3.02)  (from Ch. 111 2/3, par. 703.02)
19    Sec. 3.02. Chairman and Other Officers. The Chairman shall
20preside at meetings of the Board, and shall be entitled to vote
21on all matters. The Board shall select a Secretary and a
22Treasurer and may select persons to fill such other offices of
23the Authority and to perform such duties as it shall from time
24to time determine. The Secretary, Treasurer and other officers
25of the Authority may, but need not be, members of the Board.

 

 

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1    This Section 3.02 is repealed on the Board Transition Date.
2(Source: P.A. 83-886.)
 
3    (70 ILCS 3615/3.03)  (from Ch. 111 2/3, par. 703.03)
4    Sec. 3.03. Terms, vacancies. Each Director shall hold
5office for a term of 5 years, and until his successor has been
6appointed and has qualified. A vacancy shall occur upon
7resignation, death, conviction of a felony, or removal from
8office of a Director. Any Director may be removed from office
9(i) upon concurrence of not less than 11 Directors, on a formal
10finding of incompetence, neglect of duty, or malfeasance in
11office or (ii) by the Governor in response to a summary report
12received from the Executive Inspector General in accordance
13with Section 20-50 of the State Officials and Employees Ethics
14Act, provided he or she has an opportunity to be publicly heard
15in person or by counsel prior to removal. Within 30 days after
16the office of any member becomes vacant for any reason, the
17appointing authorities of such member shall make an appointment
18to fill the vacancy. A vacancy shall be filled for the
19unexpired term.
20    Whenever a vacancy for a Director, except as to the
21Chairman or those Directors appointed by the Mayor of the City
22of Chicago, exists for longer than 4 months, the new Director
23shall be chosen by election by all legislative members in the
24General Assembly representing the affected area. In order to
25qualify as a voting legislative member in this matter, the

 

 

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1affected area must be more than 50% of the geographic area of
2the legislative district.
3    This Section 3.03 is repealed as of the Board Transition
4Date.
5(Source: P.A. 95-708, eff. 1-18-08; 96-1528, eff. 7-1-11.)
 
6    (70 ILCS 3615/3.04)  (from Ch. 111 2/3, par. 703.04)
7    Sec. 3.04. Compensation. Each Director including the
8Chairman, except for the Chairman of the Chicago Transit
9Authority who shall not be compensated by the Authority, shall
10be compensated at the rate of $25,000 per year.
11    Officers of the Authority shall not be required to comply
12with the requirements of "An Act requiring certain custodians
13of public moneys to file and publish statements of the receipts
14and disbursements thereof", approved June 24, 1919, as now or
15hereafter amended.
16    This Section 3.04 is repealed as of the Board Transition
17Date.
18(Source: P.A. 83-885; 83-886.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.

 

 

SB1594- 36 -LRB098 10051 OMW 40210 b

1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    70 ILCS 1707/10
5    70 ILCS 1707/15
6    70 ILCS 1707/25
7    70 ILCS 1707/25a new
8    70 ILCS 1707/25b new
9    70 ILCS 1707/30
10    70 ILCS 1707/35
11    70 ILCS 3615/1.03from Ch. 111 2/3, par. 701.03
12    70 ILCS 3615/2.14from Ch. 111 2/3, par. 702.14
13    70 ILCS 3615/3.01from Ch. 111 2/3, par. 703.01
14    70 ILCS 3615/3.02from Ch. 111 2/3, par. 703.02
15    70 ILCS 3615/3.03from Ch. 111 2/3, par. 703.03
16    70 ILCS 3615/3.04from Ch. 111 2/3, par. 703.04