Full Text of SB2937 97th General Assembly
SB2937ham001 97TH GENERAL ASSEMBLY | Rep. Michael W. Tryon Filed: 5/9/2012
| | 09700SB2937ham001 | | LRB097 16518 KMW 69418 a |
|
| 1 | | AMENDMENT TO SENATE BILL 2937
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2937 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Local Mass Transit District Act is amended | 5 | | by changing Sections 2, 3, and 5.1 as follows:
| 6 | | (70 ILCS 3610/2) (from Ch. 111 2/3, par. 352)
| 7 | | Sec. 2. Definitions. For the purposes of this Act:
| 8 | | (a) "Mass transit facility" means any local public | 9 | | transportation
facility, whether buses, trolley-buses, or | 10 | | railway systems, utilized by
a substantial number of persons | 11 | | for their daily transportation, and
includes not only the local | 12 | | public transportation facility itself but
ancillary and | 13 | | supporting facilities such as, for example, motor vehicle
| 14 | | parking facilities, as well.
| 15 | | (b) "Participating municipality and county" means the | 16 | | municipality
or municipalities, county or counties creating |
| | | 09700SB2937ham001 | - 2 - | LRB097 16518 KMW 69418 a |
|
| 1 | | the local Mass Transit
District pursuant to Section 3 of this | 2 | | Act.
| 3 | | (c) "Municipality" means a city, village, township, or | 4 | | incorporated
town.
| 5 | | (d) "Corporate authorities" means (1) the city council or | 6 | | similar
body of a city, (2) the board of trustees or similar | 7 | | body of a village
or incorporated town, (3) the council of a | 8 | | municipality under the
commission form of municipal | 9 | | government, and (4) the board of trustees
in a township.
| 10 | | (e) "County board" means the governing board of a county.
| 11 | | (f) "District" means a local Mass Transit District created | 12 | | pursuant
to Section 3 of this Act.
| 13 | | (g) "Board" means the Board of Trustees of a local Mass | 14 | | Transit
District created pursuant to Section 3 of this Act.
| 15 | | (h) "Interstate transportation authority" shall mean any | 16 | | political
subdivision created by compact between this State and | 17 | | another state, which is
a body corporate and politic and a | 18 | | political subdivision of both contracting
states, and which | 19 | | operates a public mass transportation system.
| 20 | | (i) "Metro East Mass Transit District" means one or more | 21 | | local mass transit
districts created pursuant to this Act, | 22 | | composed only of Madison, St. Clair
or Monroe Counties, or any | 23 | | combination thereof or any territory annexed to such
district.
| 24 | | (j) "Public mass transportation system" shall mean a | 25 | | transportation system
or systems owned and operated by an | 26 | | interstate transportation authority,
a municipality, District, |
| | | 09700SB2937ham001 | - 3 - | LRB097 16518 KMW 69418 a |
|
| 1 | | or other public or private authority, employing
motor busses, | 2 | | rails or any other means of conveyance, by whatsoever type or
| 3 | | power, operated for public use in the conveyance of persons, | 4 | | mainly providing
local transportation service within an | 5 | | interstate transportation district,
municipality, or county.
| 6 | | (k) "Southeast Commuter Rail Transit District" means one or | 7 | | more local mass transit districts created pursuant to this Act, | 8 | | composed only of municipalities located within Cook County or | 9 | | Will County, or both, or any territory annexed to such | 10 | | district. | 11 | | (l) "Northwest Metra Commuter Rail District" means one or | 12 | | more local mass transit districts created pursuant to this Act, | 13 | | composed only of municipalities located within McHenry County, | 14 | | or any territory annexed to such district. | 15 | | (Source: P.A. 95-331, eff. 8-21-07; 96-1542, eff. 3-8-11.)
| 16 | | (70 ILCS 3610/3) (from Ch. 111 2/3, par. 353)
| 17 | | Sec. 3. Creation of a district. For the purpose of | 18 | | acquiring, constructing, owning, operating
and maintaining | 19 | | mass transit facilities for public service or
subsidizing the | 20 | | operation thereof a local Mass Transit District may be
created, | 21 | | composed of one or more municipalities or one or more counties
| 22 | | or any combination thereof, by ordinance approved by a majority | 23 | | vote of
the corporate authorities or by resolution approved by | 24 | | a majority vote
of the county board of each participating | 25 | | municipality and county.
A Metro East Mass Transit District |
| | | 09700SB2937ham001 | - 4 - | LRB097 16518 KMW 69418 a |
|
| 1 | | created by one or more counties shall
include: (1) those | 2 | | townships which were served by regularly scheduled mass
transit | 3 | | routes operated by an interstate transportation authority on | 4 | | June
1, 1980; (2) in the case of a county without townships, | 5 | | any municipality
or unincorporated portion of a road district | 6 | | which was served by regularly
scheduled mass transit routes | 7 | | operated by an interstate transportation
authority
on June 1, | 8 | | 1980; (3) any other townships or municipalities whose | 9 | | participation
is approved by ordinance adopted by a majority | 10 | | vote of their Board of Trustees
or corporate authorities; plus | 11 | | (4) in the case of a county without townships,
the | 12 | | unincorporated portion of any road district, the participation | 13 | | of which
is approved by an ordinance adopted by a majority vote | 14 | | of the Board of
Commissioners
of the county in which it is | 15 | | located.
Such
District shall be known as the ".... Mass Transit | 16 | | District", inserting
all or any significant part of the name or | 17 | | names of the municipality or
the county, or both, creating the | 18 | | District, or a name descriptive of the
area to be served if the | 19 | | District is created by more than one
municipality, more than | 20 | | one county, or any combination thereof. A Southeast Commuter | 21 | | Rail Transit District shall include: the Village of Crete, the | 22 | | Village of Steger, the Village of South Chicago Heights, the | 23 | | City of Chicago Heights, the Village of Glenwood, the Village | 24 | | of Thornton, the Village of South Holland, the Village of | 25 | | Dolton, the City of Calumet City, the Village of Lansing, and | 26 | | the Village of Lynwood. A Northwest Metra Commuter Rail |
| | | 09700SB2937ham001 | - 5 - | LRB097 16518 KMW 69418 a |
|
| 1 | | District shall include all municipalities located within | 2 | | McHenry County.
| 3 | | The District created pursuant to this Act shall be a | 4 | | municipal
corporation and shall have the right of eminent | 5 | | domain to acquire
private property which is necessary for the | 6 | | purposes of the District,
and shall have the power to contract | 7 | | for public mass transportation with
an Interstate | 8 | | Transportation Authority.
| 9 | | Upon the creation of any District, the clerk of the | 10 | | municipality or
of the county, or the clerks of the several | 11 | | municipalities or counties,
as the case may be, shall certify a | 12 | | copy of the ordinance or resolution
creating the District, and | 13 | | the names of the persons first appointed
Trustees thereof, and | 14 | | shall file the same with the county clerk for
recording as | 15 | | certificates of incorporation and the county clerk shall
cause | 16 | | duplicate certified copies thereof to be filed with the | 17 | | Secretary
of State.
| 18 | | (Source: P.A. 96-1542, eff. 3-8-11.)
| 19 | | (70 ILCS 3610/5.1) (from Ch. 111 2/3, par. 355.1)
| 20 | | Sec. 5.1.
(a) The Board of Trustees of any district created | 21 | | after
July 1, 1967 (except districts created under Section 3.1) | 22 | | has no
authority to levy the tax provided for in subparagraph | 23 | | (10) of paragraph
(f) of Section 5 unless the question of | 24 | | authorizing such tax is
submitted to the voters of the district | 25 | | and approved by a majority of
the voters of the district voting |
| | | 09700SB2937ham001 | - 6 - | LRB097 16518 KMW 69418 a |
|
| 1 | | on the question.
| 2 | | The board of trustees of any such district may by | 3 | | resolution cause
such question to be submitted to the voters of | 4 | | the district at a regular
election as specified in such | 5 | | resolution. The question shall
be certified, submitted and | 6 | | notice of the election shall be given
in accordance with the | 7 | | general election law. The proposition shall be in
substantially | 8 | | the following form:
| 9 | | -------------------------------------------------------------
| 10 | | Shall the board of trustees of........
| 11 | | Mass Transit District be authorized to levy a YES
| 12 | | tax on property within the district at a rate --------------
| 13 | | of not to exceed .25% on the assessed value NO
| 14 | | of such property?
| 15 | | -------------------------------------------------------------
| 16 | | (b) The Board of Trustees of any district which has the | 17 | | authority to
levy the tax at a rate not to exceed .05% provided | 18 | | for in subparagraph
(10) of paragraph (f) of Section 5 of this | 19 | | Act before the effective date
of this amendatory Act of 1974 | 20 | | does not have the authority to increase
the tax levy to a rate | 21 | | not to exceed .25% unless the question of
increasing the taxing | 22 | | authority is submitted to the voters of the
district and | 23 | | approved by a majority of the voters of the district voting
on | 24 | | the question.
| 25 | | The Board of Trustees of any such district may by | 26 | | resolution cause
such question to be submitted to the voters of |
| | | 09700SB2937ham001 | - 7 - | LRB097 16518 KMW 69418 a |
|
| 1 | | the district at a regular
election as specified in such | 2 | | resolution. The question shall
be certified, submitted and | 3 | | notice of the election shall be given
in accordance with the | 4 | | general election law. The proposition shall be in
substantially | 5 | | the following form:
| 6 | | -------------------------------------------------------------
| 7 | | Shall the board of trustees of........
| 8 | | Mass Transit District be given the authority to YES
| 9 | | increase their power to levy a tax on property
| 10 | | within the district from a rate not to exceed ------------
| 11 | | .05% on the assessed value of such property
| 12 | | to a rate not to exceed .25% on the assessed NO
| 13 | | value of such property?
| 14 | | -------------------------------------------------------------
| 15 | | The provisions of this subsection (b) shall not apply to | 16 | | the Northwest Metra Commuter Rail District. | 17 | | (Source: P.A. 81-1489 .)".
|
|