Illinois General Assembly - Full Text of SB3056
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Full Text of SB3056  98th General Assembly

SB3056ham001 98TH GENERAL ASSEMBLY

Rep. Al Riley

Filed: 5/13/2014

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3056

2    AMENDMENT NO. ______. Amend Senate Bill 3056 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1included within an enumerated exception.
2    (c) Exceptions. A public body may hold closed meetings to
3consider the following subjects:
4        (1) The appointment, employment, compensation,
5    discipline, performance, or dismissal of specific
6    employees of the public body or legal counsel for the
7    public body, including hearing testimony on a complaint
8    lodged against an employee of the public body or against
9    legal counsel for the public body to determine its
10    validity.
11        (2) Collective negotiating matters between the public
12    body and its employees or their representatives, or
13    deliberations concerning salary schedules for one or more
14    classes of employees.
15        (3) The selection of a person to fill a public office,
16    as defined in this Act, including a vacancy in a public
17    office, when the public body is given power to appoint
18    under law or ordinance, or the discipline, performance or
19    removal of the occupant of a public office, when the public
20    body is given power to remove the occupant under law or
21    ordinance.
22        (4) Evidence or testimony presented in open hearing, or
23    in closed hearing where specifically authorized by law, to
24    a quasi-adjudicative body, as defined in this Act, provided
25    that the body prepares and makes available for public
26    inspection a written decision setting forth its

 

 

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1    determinative reasoning.
2        (5) The purchase or lease of real property for the use
3    of the public body, including meetings held for the purpose
4    of discussing whether a particular parcel should be
5    acquired.
6        (6) The setting of a price for sale or lease of
7    property owned by the public body.
8        (7) The sale or purchase of securities, investments, or
9    investment contracts. This exception shall not apply to the
10    investment of assets or income of funds deposited into the
11    Illinois Prepaid Tuition Trust Fund.
12        (8) Security procedures and the use of personnel and
13    equipment to respond to an actual, a threatened, or a
14    reasonably potential danger to the safety of employees,
15    students, staff, the public, or public property.
16        (9) Student disciplinary cases.
17        (10) The placement of individual students in special
18    education programs and other matters relating to
19    individual students.
20        (11) Litigation, when an action against, affecting or
21    on behalf of the particular public body has been filed and
22    is pending before a court or administrative tribunal, or
23    when the public body finds that an action is probable or
24    imminent, in which case the basis for the finding shall be
25    recorded and entered into the minutes of the closed
26    meeting.

 

 

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1        (12) The establishment of reserves or settlement of
2    claims as provided in the Local Governmental and
3    Governmental Employees Tort Immunity Act, if otherwise the
4    disposition of a claim or potential claim might be
5    prejudiced, or the review or discussion of claims, loss or
6    risk management information, records, data, advice or
7    communications from or with respect to any insurer of the
8    public body or any intergovernmental risk management
9    association or self insurance pool of which the public body
10    is a member.
11        (13) Conciliation of complaints of discrimination in
12    the sale or rental of housing, when closed meetings are
13    authorized by the law or ordinance prescribing fair housing
14    practices and creating a commission or administrative
15    agency for their enforcement.
16        (14) Informant sources, the hiring or assignment of
17    undercover personnel or equipment, or ongoing, prior or
18    future criminal investigations, when discussed by a public
19    body with criminal investigatory responsibilities.
20        (15) Professional ethics or performance when
21    considered by an advisory body appointed to advise a
22    licensing or regulatory agency on matters germane to the
23    advisory body's field of competence.
24        (16) Self evaluation, practices and procedures or
25    professional ethics, when meeting with a representative of
26    a statewide association of which the public body is a

 

 

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1    member.
2        (17) The recruitment, credentialing, discipline or
3    formal peer review of physicians or other health care
4    professionals for a hospital, or other institution
5    providing medical care, that is operated by the public
6    body.
7        (18) Deliberations for decisions of the Prisoner
8    Review Board.
9        (19) Review or discussion of applications received
10    under the Experimental Organ Transplantation Procedures
11    Act.
12        (20) The classification and discussion of matters
13    classified as confidential or continued confidential by
14    the State Government Suggestion Award Board.
15        (21) Discussion of minutes of meetings lawfully closed
16    under this Act, whether for purposes of approval by the
17    body of the minutes or semi-annual review of the minutes as
18    mandated by Section 2.06.
19        (22) Deliberations for decisions of the State
20    Emergency Medical Services Disciplinary Review Board.
21        (23) The operation by a municipality of a municipal
22    utility or the operation of a municipal power agency or
23    municipal natural gas agency when the discussion involves
24    (i) contracts relating to the purchase, sale, or delivery
25    of electricity or natural gas or (ii) the results or
26    conclusions of load forecast studies.

 

 

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1        (24) Meetings of a residential health care facility
2    resident sexual assault and death review team or the
3    Executive Council under the Abuse Prevention Review Team
4    Act.
5        (25) Meetings of an independent team of experts under
6    Brian's Law.
7        (26) Meetings of a mortality review team appointed
8    under the Department of Juvenile Justice Mortality Review
9    Team Act.
10        (27) (Blank).
11        (28) Correspondence and records (i) that may not be
12    disclosed under Section 11-9 of the Public Aid Code or (ii)
13    that pertain to appeals under Section 11-8 of the Public
14    Aid Code.
15        (29) Meetings between internal or external auditors
16    and governmental audit committees, finance committees, and
17    their equivalents, when the discussion involves internal
18    control weaknesses, identification of potential fraud risk
19    areas, known or suspected frauds, and fraud interviews
20    conducted in accordance with generally accepted auditing
21    standards of the United States of America.
22        (30) Those meetings or portions of meetings of an
23    at-risk adult fatality review team or the Illinois At-Risk
24    Adult Fatality Review Team Advisory Council during which a
25    review of the death of an eligible adult in which abuse or
26    neglect is suspected, alleged, or substantiated is

 

 

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1    conducted pursuant to Section 15 of the Adult Protective
2    Services Act.
3        (31) (30) Meetings and deliberations for decisions of
4    the Concealed Carry Licensing Review Board under the
5    Firearm Concealed Carry Act.
6        (32) Meetings between the Regional Transportation
7    Authority Board and its Service Boards when the discussion
8    involves review by the Regional Transportation Authority
9    Board of employment contracts under Section 28d of the
10    Metropolitan Transit Authority Act and Sections 3A.18 and
11    3B.26 of the Regional Transportation Authority Act.
12    (d) Definitions. For purposes of this Section:
13    "Employee" means a person employed by a public body whose
14relationship with the public body constitutes an
15employer-employee relationship under the usual common law
16rules, and who is not an independent contractor.
17    "Public office" means a position created by or under the
18Constitution or laws of this State, the occupant of which is
19charged with the exercise of some portion of the sovereign
20power of this State. The term "public office" shall include
21members of the public body, but it shall not include
22organizational positions filled by members thereof, whether
23established by law or by a public body itself, that exist to
24assist the body in the conduct of its business.
25    "Quasi-adjudicative body" means an administrative body
26charged by law or ordinance with the responsibility to conduct

 

 

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1hearings, receive evidence or testimony and make
2determinations based thereon, but does not include local
3electoral boards when such bodies are considering petition
4challenges.
5    (e) Final action. No final action may be taken at a closed
6meeting. Final action shall be preceded by a public recital of
7the nature of the matter being considered and other information
8that will inform the public of the business being conducted.
9(Source: P.A. 97-318, eff. 1-1-12; 97-333, eff. 8-12-11;
1097-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876, eff.
118-1-12; 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; revised
127-23-13.)
 
13    Section 15. The Metropolitan Transit Authority Act is
14amended by changing Section 28 and adding Section 28d as
15follows:
 
16    (70 ILCS 3605/28)  (from Ch. 111 2/3, par. 328)
17    Sec. 28. The Board shall classify all the offices,
18positions and grades of regular and exempt employment required,
19excepting that of the Chairman of the Board, the Executive
20Director, Secretary, Treasurer, General Counsel, and Chief
21Engineer, with reference to the duties, job title, job schedule
22number, and the compensation fixed therefor, and adopt rules
23governing appointments to any of such offices or positions on
24the basis of merit and efficiency. The job title shall be

 

 

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1generally descriptive of the duties performed in that job, and
2the job schedule number shall be used to identify a job title
3and to further classify positions within a job title. No
4discrimination shall be made in any appointment or promotion to
5any office, position, or grade of regular employment because of
6race, creed, color, sex, national origin, physical or mental
7handicap unrelated to ability, or political or religious
8affiliations. No officer or employee in regular employment
9shall be discharged or demoted except for cause which is
10detrimental to the service. Any officer or employee in regular
11employment who is discharged or demoted may file a complaint in
12writing with the Board within ten days after notice of his or
13her discharge or demotion. If an employee is a member of a
14labor organization the complaint may be filed by such
15organization for and in behalf of such employee. The Board
16shall grant a hearing on such complaint within thirty (30) days
17after it is filed. The time and place of the hearing shall be
18fixed by the Board and due notice thereof given to the
19complainant, the labor organization by or through which the
20complaint was filed and the Executive Director. The hearing
21shall be conducted by the Board, or any member thereof or any
22officers' committee or employees' committee appointed by the
23Board. The complainant may be represented by counsel. If the
24Board finds, or approves a finding of the member or committee
25appointed by the Board, that the complainant has been unjustly
26discharged or demoted, he or she shall be restored to his or

 

 

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1her office or position with back pay. The decision of the Board
2shall be final and not subject to review. The Board may
3designate such offices, positions, and grades of employment as
4exempt as it deems necessary for the efficient operation of the
5business of the Authority. The total number of employees
6occupying exempt offices, positions, or grades of employment
7may not exceed 3% of the total employment of the Authority. All
8exempt offices, positions, and grades of employment shall be at
9will. No discrimination shall be made in any appointment or
10promotion to any office, position, or grade of exempt
11employment because of race, creed, color, sex, national origin,
12physical or mental handicap unrelated to ability, or religious
13or political affiliation. The Board may abolish any vacant or
14occupied office or position. Additionally, the Board may reduce
15the force of employees for lack of work or lack of funds as
16determined by the Board. When the number of positions or
17employees holding positions of regular employment within a
18particular job title and job schedule number are reduced, those
19employees with the least company seniority in that job title
20and job schedule number shall be first released from regular
21employment service. For a period of one year, an employee
22released from service shall be eligible for reinstatement to
23the job title and job schedule number from which he or she was
24released, in order of company seniority, if additional force of
25employees is required. "Company seniority" as used in this
26Section means the overall employment service credited to an

 

 

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1employee by the Authority since the employee's most recent date
2of hire irrespective of job titles held. If 2 or more employees
3have the same company seniority date, time in the affected job
4title and job schedule number shall be used to break the
5company seniority tie. For purposes of this Section, company
6seniority shall be considered a working condition. When
7employees are represented by a labor organization that has a
8labor agreement with the Authority, the wages, hours, and
9working conditions (including, but not limited to, seniority
10rights) shall be governed by the terms of the agreement. Exempt
11employment shall not include any employees who are represented
12by a labor organization that has a labor agreement with the
13Authority.
14    No employee, officer, or agent of the Chicago Transit Board
15may receive a bonus that exceeds 10% of his or her annual
16salary unless that bonus has been reviewed for a period of 14
17days by the Regional Transportation Authority Board. After 14
18days, the bonus shall be considered reviewed. This Section does
19not apply to usual and customary salary adjustments.
20(Source: P.A. 90-183, eff. 1-1-98.)
 
21    (70 ILCS 3605/28d new)
22    Sec. 28d. Employment contracts. Except as otherwise
23provided in Section 28a, before the Chicago Transit Board may
24enter into or amend any employment contract in excess of
25$100,000, the Chicago Transit Board must submit that contract

 

 

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1or amendment to the Regional Transportation Authority Board for
2review for a period of 14 days. After 14 days, the contract
3shall be considered reviewed. This Section applies only to
4contracts entered into or amended on or after the effective
5date of this amendatory Act of the 98th General Assembly.
 
6    Section 20. The Regional Transportation Authority Act is
7amended by changing Sections 1.02, 2.01, 2.01a, 2.06.1, 2.14,
83A.05, 3B.05, 4.01 and by adding Sections 3A.18, 3B.26, 4.15,
94.16 and 5.06 as follows:
 
10    (70 ILCS 3615/1.02)  (from Ch. 111 2/3, par. 701.02)
11    Sec. 1.02. Findings and Purpose.
12    (a) The General Assembly finds;
13        (i) Public transportation is, as provided in Section 7
14    of Article XIII of the Illinois Constitution, an essential
15    public purpose for which public funds may be expended and
16    that Section authorizes the State to provide financial
17    assistance to units of local government for distribution to
18    providers of public transportation. There is an urgent need
19    to reform and continue a unit of local government to assure
20    the proper management of public transportation and to
21    receive and distribute State or federal operating
22    assistance and to raise and distribute revenues for local
23    operating assistance. System generated revenues are not
24    adequate for such service and a public need exists to

 

 

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1    provide for, aid and assist public transportation in the
2    northeastern area of the State, consisting of Cook, DuPage,
3    Kane, Lake, McHenry and Will Counties.
4        (ii) Comprehensive and coordinated regional public
5    transportation is essential to the public health, safety
6    and welfare. It is essential to economic well-being,
7    maintenance of full employment, conservation of sources of
8    energy and land for open space and reduction of traffic
9    congestion and for providing and maintaining a healthful
10    environment for the benefit of present and future
11    generations in the metropolitan region. Public
12    transportation improves the mobility of the public and
13    improves access to jobs, commercial facilities, schools
14    and cultural attractions. Public transportation decreases
15    air pollution and other environmental hazards resulting
16    from excessive use of automobiles and allows for more
17    efficient land use and planning.
18        (iii) Because system generated receipts are not
19    presently adequate, public transportation facilities and
20    services in the northeastern area are in grave financial
21    condition. With existing methods of financing,
22    coordination and management, and relative convenience of
23    automobiles, such public transportation facilities are not
24    providing adequate public transportation to insure the
25    public health, safety and welfare.
26        (iv) Additional commitments to the public

 

 

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1    transportation needs of the disabled, the economically
2    disadvantaged, and the elderly are necessary.
3        (v) To solve these problems, it is necessary to provide
4    for the creation of a regional transportation authority
5    with the powers necessary to insure adequate public
6    transportation.
7    (b) The General Assembly further finds, in connection with
8this amendatory Act of 1983:
9        (i) Substantial, recurring deficits in the operations
10    of public transportation services subject to the
11    jurisdiction of the Regional Transportation Authority and
12    periodic cash shortages have occurred either of which could
13    bring about a loss of public transportation services
14    throughout the metropolitan region at any time;
15        (ii) A substantial or total loss of public
16    transportation services or any segment thereof would
17    create an emergency threatening the safety and well-being
18    of the people in the northeastern area of the State; and
19        (iii) To meet the urgent needs of the people of the
20    metropolitan region that such an emergency be averted and
21    to provide financially sound methods of managing the
22    provision of public transportation services in the
23    northeastern area of the State, it is necessary, while
24    maintaining and continuing the existing Authority, to
25    modify the powers and responsibilities of the Authority, to
26    reallocate responsibility for operating decisions, to

 

 

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1    change the composition and appointment of the Board of
2    Directors thereof, and to immediately establish a new Board
3    of Directors.
4    (c) The General Assembly further finds in connection with
5this amendatory Act of the 95th General Assembly:
6        (i) The economic vitality of northeastern Illinois
7    requires regionwide and systemwide efforts to increase
8    ridership on the transit systems, constrain road
9    congestion within the metropolitan region, and allocate
10    resources for transportation so as to assist in the
11    development of an adequate, efficient, geographically
12    equitable and coordinated regional transportation system
13    that is in a state of good repair.
14        (ii) To achieve the purposes of this amendatory Act of
15    the 95th General Assembly, the powers and duties of the
16    Authority must be enhanced to improve overall planning and
17    coordination, to achieve an integrated and efficient
18    regional transit system, to advance the mobility of transit
19    users, and to increase financial transparency of the
20    Authority and the Service Boards.
21    (d) It is the purpose of this Act to provide for, aid and
22assist public transportation in the northeastern area of the
23State without impairing the overall quality of existing public
24transportation by providing for the creation of a single
25authority responsive to the people and elected officials of the
26area and with the power and competence to develop, implement,

 

 

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

 

 

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1    transportation in the metropolitan region meets those
2    goals, objectives, and standards;
3        (iv) allocate operating and capital funds made
4    available to support public transportation in the
5    metropolitan region;
6        (v) provide financial oversight of the Service Boards;
7    and
8        (vi) coordinate the provision of public transportation
9    and the investment in public transportation facilities to
10    enhance the integration of public transportation
11    throughout the metropolitan region, all as provided in this
12    Act.
13    The Service Boards shall, on a continuing basis determine
14the level, nature and kind of public transportation which
15should be provided for the metropolitan region in order to meet
16the plans, goals, objectives, and standards adopted by the
17Authority. The Service Boards may provide public
18transportation by purchasing such service from transportation
19agencies through purchase of service agreements, by grants to
20such agencies or by operating such service, all pursuant to
21this Act and the "Metropolitan Transit Authority Act", as now
22or hereafter amended. Certain of its actions to implement the
23responsibilities allocated to the Authority in this subsection
24(a) shall be taken in 3 public documents adopted by the
25affirmative vote of at least 12 of its then Directors: A
26Strategic Plan; a Five-Year Capital Program; and an Annual

 

 

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1Budget and Two-Year Financial Plan.
2    (b) The Authority shall subject the operating and capital
3plans and expenditures of the Service Boards in the
4metropolitan region with regard to public transportation to
5continuing review so that the Authority may budget and expend
6its funds with maximum effectiveness and efficiency. The
7Authority shall conduct audits of each of the Service Boards no
8less than every 5 years. Such audits may include management,
9performance, financial, and infrastructure condition audits.
10The Authority may conduct management, performance, financial,
11and infrastructure condition audits of transportation agencies
12that receive funds from the Authority. The Authority may direct
13a Service Board to conduct any such audit of a transportation
14agency that receives funds from such Service Board, and the
15Service Board shall comply with such request to the extent it
16has the right to do so. These audits of the Service Boards or
17transportation agencies may be project or service specific
18audits to evaluate their achievement of the goals and
19objectives of that project or service and their compliance with
20any applicable requirements.
21(Source: P.A. 95-708, eff. 1-18-08.)
 
22    (70 ILCS 3615/2.01a)
23    Sec. 2.01a. Strategic Plan.
24    (a) By the affirmative vote of at least 12 of its then
25Directors, the Authority shall adopt a Strategic Plan, no less

 

 

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1than every 5 years, after consultation with the Service Boards
2and after holding a minimum of 3 public hearings in Cook County
3and one public hearing in each of the other counties in the
4region. The Executive Director of the Authority shall review
5the Strategic Plan on an ongoing basis and make recommendations
6to the Board of the Authority with respect to any update or
7amendment of the Strategic Plan. The Strategic Plan shall
8describe the specific actions to be taken by the Authority and
9the Service Boards to provide adequate, efficient, and
10coordinated public transportation.
11    (b) The Strategic Plan shall identify goals and objectives
12with respect to:
13        (i) increasing ridership and passenger miles on public
14    transportation funded by the Authority;
15        (ii) coordination of public transportation services
16    and the investment in public transportation facilities to
17    enhance the integration of public transportation
18    throughout the metropolitan region;
19        (iii) coordination of fare and transfer policies to
20    promote transfers by riders among Service Boards,
21    transportation agencies, and public transportation modes,
22    which may include goals and objectives for development of a
23    universal fare instrument that riders may use
24    interchangeably on all public transportation funded by the
25    Authority, and methods to be used to allocate revenues from
26    transfers;

 

 

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1        (iv) improvements in public transportation facilities
2    to bring those facilities into a state of good repair,
3    enhancements that attract ridership and improve customer
4    service, and expansions needed to serve areas with
5    sufficient demand for public transportation;
6        (v) access for transit-dependent populations,
7    including access by low-income communities to places of
8    employment, utilizing analyses provided by the Chicago
9    Metropolitan Agency for Planning regarding employment and
10    transportation availability, and giving consideration to
11    the location of employment centers in each county and the
12    availability of public transportation at off-peak hours
13    and on weekends;
14        (vi) the financial viability of the public
15    transportation system, including both operating and
16    capital programs;
17        (vii) limiting road congestion within the metropolitan
18    region and enhancing transit options to improve mobility;
19    and
20        (viii) such other goals and objectives that advance the
21    policy of the State to provide adequate, efficient,
22    geographically equitable and coordinated public
23    transportation in the metropolitan region.
24    (c) The Strategic Plan shall establish the process and
25criteria by which proposals for capital improvements by a
26Service Board or a transportation agency will be evaluated by

 

 

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1the Authority for inclusion in the Five-Year Capital Program,
2which may include criteria for:
3        (i) allocating funds among maintenance, enhancement,
4    and expansion improvements;
5        (ii) projects to be funded from the Innovation,
6    Coordination, and Enhancement Fund;
7        (iii) projects intended to improve or enhance
8    ridership or customer service;
9        (iv) design and location of station or transit
10    improvements intended to promote transfers, increase
11    ridership, and support transit-oriented land development;
12        (v) assessing the impact of projects on the ability to
13    operate and maintain the existing transit system; and
14        (vi) other criteria that advance the goals and
15    objectives of the Strategic Plan.
16    (d) The Strategic Plan shall establish performance
17standards and measurements regarding the adequacy, efficiency,
18geographic equity and coordination of public transportation
19services in the region and the implementation of the goals and
20objectives in the Strategic Plan. At a minimum, such standards
21and measures shall include customer-related performance data
22measured by line, route, or sub-region, as determined by the
23Authority, on the following:
24        (i) travel times and on-time performance;
25        (ii) ridership data;
26        (iii) equipment failure rates;

 

 

09800SB3056ham001- 22 -LRB098 18041 JLK 59277 a

1        (iv) employee and customer safety; and
2        (v) customer satisfaction.
3    The Service Boards and transportation agencies that
4receive funding from the Authority or Service Boards shall
5prepare, publish, and submit to the Authority such reports with
6regard to these standards and measurements in the frequency and
7form required by the Authority; however, the frequency of such
8reporting shall be no less than annual. The Service Boards
9shall publish such reports on their respective websites. The
10Authority shall compile and publish such reports on its
11website. Such performance standards and measures shall not be
12used as the basis for disciplinary action against any employee
13of the Authority or Service Boards, except to the extent the
14employment and disciplinary practices of the Authority or
15Service Board provide for such action.
16    (e) The Strategic Plan shall identify innovations to
17improve the delivery of public transportation and the
18construction of public transportation facilities.
19    (f) The Strategic Plan shall describe the expected
20financial condition of public transportation in the
21metropolitan region prospectively over a 10-year period, which
22may include information about the cash position and all known
23obligations of the Authority and the Service Boards including
24operating expenditures, debt service, contributions for
25payment of pension and other post-employment benefits, the
26expected revenues from fares, tax receipts, grants from the

 

 

09800SB3056ham001- 23 -LRB098 18041 JLK 59277 a

1federal, State, and local governments for operating and capital
2purposes and issuance of debt, the availability of working
3capital, and the resources needed to achieve the goals and
4objectives described in the Strategic Plan.
5    (g) In developing the Strategic Plan, the Authority shall
6rely on such demographic and other data, forecasts, and
7assumptions developed by the Chicago Metropolitan Agency for
8Planning with respect to the patterns of population density and
9growth, projected commercial and residential development, and
10environmental factors, within the metropolitan region and in
11areas outside the metropolitan region that may impact public
12transportation utilization in the metropolitan region. The
13Authority shall also consult with the Illinois Department of
14Transportation's Office of Planning and Programming when
15developing the Strategic Plan. Before adopting or amending any
16Strategic Plan, the Authority shall consult with the Chicago
17Metropolitan Agency for Planning regarding the consistency of
18the Strategic Plan with the Regional Comprehensive Plan adopted
19pursuant to the Regional Planning Act.
20    (h) The Authority may adopt, by the affirmative vote of at
21least 12 of its then Directors, sub-regional or corridor plans
22for specific geographic areas of the metropolitan region in
23order to improve the adequacy, efficiency, geographic equity
24and coordination of existing, or the delivery of new, public
25transportation. Such plans may also address areas outside the
26metropolitan region that may impact public transportation

 

 

09800SB3056ham001- 24 -LRB098 18041 JLK 59277 a

1utilization in the metropolitan region. In preparing a
2sub-regional or corridor plan, the Authority may identify
3changes in operating practices or capital investment in the
4sub-region or corridor that could increase ridership, reduce
5costs, improve coordination, or enhance transit-oriented
6development. The Authority shall consult with any affected
7Service Boards in the preparation of any sub-regional or
8corridor plans.
9    (i) If the Authority determines, by the affirmative vote of
10at least 12 of its then Directors, that, with respect to any
11proposed new public transportation service or facility, (i)
12multiple Service Boards or transportation agencies are
13potential service providers and (ii) the public transportation
14facilities to be constructed or purchased to provide that
15service have an expected construction cost of more than
16$25,000,000, the Authority shall have sole responsibility for
17conducting any alternatives analysis and preliminary
18environmental assessment required by federal or State law.
19Nothing in this subparagraph (i) shall prohibit a Service Board
20from undertaking alternatives analysis and preliminary
21environmental assessment for any public transportation service
22or facility identified in items (i) and (ii) above that is
23included in the Five-Year Capital Program as of the effective
24date of this amendatory Act of the 95th General Assembly;
25however, any expenditure related to any such public
26transportation service or facility must be included in a

 

 

09800SB3056ham001- 25 -LRB098 18041 JLK 59277 a

1Five-Year Capital Program under the requirements of Sections
22.01b and 4.02 of this Act.
3(Source: P.A. 95-708, eff. 1-18-08.)
 
4    (70 ILCS 3615/2.06.1)  (from Ch. 111 2/3, par. 702.06.1)
5    Sec. 2.06.1. Bikeways and trails. The Authority may use its
6established funds, personnel, and other resources to acquire,
7construct, operate, and maintain bikeways and trails. The
8Authority shall may cooperate with other governmental and
9private agencies in bikeway and trail programs.
10(Source: P.A. 87-985.)
 
11    (70 ILCS 3615/2.14)  (from Ch. 111 2/3, par. 702.14)
12    Sec. 2.14. Appointment of Officers and Employees. The
13Authority may appoint, retain and employ officers, attorneys,
14agents, engineers and employees. The officers shall include an
15Executive Director, who shall be the chief executive officer of
16the Authority, appointed by the Chairman with the concurrence
17of 11 of the other then Directors of the Board. The Executive
18Director shall organize the staff of the Authority, shall
19allocate their functions and duties, shall transfer such staff
20to the Suburban Bus Division and the Commuter Rail Division as
21is sufficient to meet their purposes, shall fix compensation
22and conditions of employment of the staff of the Authority, and
23consistent with the policies of and direction from the Board,
24take all actions necessary to achieve its purposes, fulfill its

 

 

09800SB3056ham001- 26 -LRB098 18041 JLK 59277 a

1responsibilities and carry out its powers, and shall have such
2other powers and responsibilities as the Board shall determine.
3The Executive Director must be an individual of proven
4transportation and management skills and may not be a member of
5the Board. The Authority may employ its own professional
6management personnel to provide professional and technical
7expertise concerning its purposes and powers and to assist it
8in assessing the performance of the Service Boards in the
9metropolitan region.
10    No employee, officer, or agent of the Authority may receive
11a bonus that exceeds 10% of his or her annual salary unless
12that bonus has been reviewed by the Board for a period of 14
13days. After 14 days, the contract shall be considered reviewed.
14This Section does not apply to usual and customary salary
15adjustments.
16    No unlawful discrimination, as defined and prohibited in
17the Illinois Human Rights Act, shall be made in any term or
18aspect of employment nor shall there be discrimination based
19upon political reasons or factors. The Authority shall
20establish regulations to insure that its discharges shall not
21be arbitrary and that hiring and promotion are based on merit.
22    The Authority shall be subject to the "Illinois Human
23Rights Act", as now or hereafter amended, and the remedies and
24procedure established thereunder. The Authority shall file an
25affirmative action program for employment by it with the
26Department of Human Rights to ensure that applicants are

 

 

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1employed and that employees are treated during employment,
2without regard to unlawful discrimination. Such affirmative
3action program shall include provisions relating to hiring,
4upgrading, demotion, transfer, recruitment, recruitment
5advertising, selection for training and rates of pay or other
6forms of compensation.
7(Source: P.A. 95-708, eff. 1-18-08.)
 
8    (70 ILCS 3615/3A.05)  (from Ch. 111 2/3, par. 703A.05)
9    Sec. 3A.05. Appointment of officers and employees. The
10Suburban Bus Board shall appoint an Executive Director who
11shall be the chief executive officer of the Division,
12appointed, retained or dismissed with the concurrence of 9 of
13the directors of the Suburban Bus Board. The Executive Director
14shall appoint, retain and employ officers, attorneys, agents,
15engineers, employees and shall organize the staff, shall
16allocate their functions and duties, fix compensation and
17conditions of employment, and consistent with the policies of
18and direction from the Suburban Bus Board take all actions
19necessary to achieve its purposes, fulfill its
20responsibilities and carry out its powers, and shall have such
21other powers and responsibilities as the Suburban Bus Board
22shall determine. The Executive Director shall be an individual
23of proven transportation and management skills and may not be a
24member of the Suburban Bus Board. The Division may employ its
25own professional management personnel to provide professional

 

 

09800SB3056ham001- 28 -LRB098 18041 JLK 59277 a

1and technical expertise concerning its purposes and powers and
2to assist it in assessing the performance of transportation
3agencies in the metropolitan region.
4    No employee, officer, or agent of the Suburban Bus Board
5may receive a bonus that exceeds 10% of his or her annual
6salary unless that bonus has been reviewed by the Regional
7Transportation Authority Board for a period of 14 days. After
814 days, the contract shall be considered reviewed. This
9Section does not apply to usual and customary salary
10adjustments.
11    No unlawful discrimination, as defined and prohibited in
12the Illinois Human Rights Act, shall be made in any term or
13aspect of employment nor shall there be discrimination based
14upon political reasons or factors. The Suburban Bus Board shall
15establish regulations to insure that its discharges shall not
16be arbitrary and that hiring and promotion are based on merit.
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 Suburban Bus Board shall
20file an affirmative action program for employment by it with
21the Department of Human Rights to ensure that applicants are
22employed 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

 

 

09800SB3056ham001- 29 -LRB098 18041 JLK 59277 a

1forms of compensation.
2(Source: P.A. 95-906, eff. 8-26-08.)
 
3    (70 ILCS 3615/3A.18 new)
4    Sec. 3A.18. Employment contracts. Except as otherwise
5provided in Section 3A.14, before the Suburban Bus Board may
6enter into or amend any employment contract in excess of
7$100,000, the Suburban Bus 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    (70 ILCS 3615/3B.05)  (from Ch. 111 2/3, par. 703B.05)
14    Sec. 3B.05. Appointment of officers and employees. The
15Commuter Rail Board shall appoint an Executive Director who
16shall be the chief executive officer of the Division,
17appointed, retained or dismissed with the concurrence of 8 of
18the directors of the Commuter Rail Board. The Executive
19Director shall appoint, retain and employ officers, attorneys,
20agents, engineers, employees and shall organize the staff,
21shall allocate their functions and duties, fix compensation and
22conditions of employment, and consistent with the policies of
23and direction from the Commuter Rail Board take all actions
24necessary to achieve its purposes, fulfill its

 

 

09800SB3056ham001- 30 -LRB098 18041 JLK 59277 a

1responsibilities and carry out its powers, and shall have such
2other powers and responsibilities as the Commuter Rail Board
3shall determine. The Executive Director shall be an individual
4of proven transportation and management skills and may not be a
5member of the Commuter Rail Board. The Division may employ its
6own professional management personnel to provide professional
7and technical expertise concerning its purposes and powers and
8to assist it in assessing the performance of transportation
9agencies in the metropolitan region.
10    No employee, officer, or agent of the Commuter Rail Board
11may receive a bonus that exceeds 10% of his or her annual
12salary unless that bonus has been reviewed by the Regional
13Transportation Authority Board for a period of 14 days. After
1414 days, the contract shall be considered reviewed. This
15Section does not apply to usual and customary salary
16adjustments.
17    No unlawful discrimination, as defined and prohibited in
18the Illinois Human Rights Act, shall be made in any term or
19aspect of employment nor shall there be discrimination based
20upon political reasons or factors. The Commuter Rail Board
21shall establish regulations to insure that its discharges shall
22not be arbitrary and that hiring and promotion are based on
23merit.
24    The Division shall be subject to the "Illinois Human Rights
25Act", as now or hereafter amended, and the remedies and
26procedure established thereunder. The Commuter Rail Board

 

 

09800SB3056ham001- 31 -LRB098 18041 JLK 59277 a

1shall file an affirmative action program for employment by it
2with the Department of Human Rights to ensure that applicants
3are employed and that employees are treated during employment,
4without regard to unlawful discrimination. Such affirmative
5action program shall include provisions relating to hiring,
6upgrading, demotion, transfer, recruitment, recruitment
7advertising, selection for training and rates of pay or other
8forms of compensation.
9(Source: P.A. 95-708, eff. 1-18-08.)
 
10    (70 ILCS 3615/3B.26 new)
11    Sec. 3B.26. Employment contracts. Except as otherwise
12provided in Section 3B.13, before the Commuter Rail Board may
13enter into or amend any employment contract in excess of
14$100,000, the Commuter Rail Board must submit that contract or
15amendment to the Board for review for a period of 14 days.
16After 14 days, the contract shall be considered reviewed. This
17Section applies only to contracts entered into or amended on or
18after the effective date of this amendatory Act of the 98th
19General Assembly.
20    Before the Board of the Regional Transportation Authority
21may enter into or amend any employment contract in excess of
22$100,000, the Board must submit that contract to the Chairman
23and Minority Spokesman of the Mass Transit Committee, or its
24successor committee, of the House of Representatives, and to
25the Chairman and Minority Spokesman of the Transportation

 

 

09800SB3056ham001- 32 -LRB098 18041 JLK 59277 a

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

 

 

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

 

 

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1from time to time by the Board upon the affirmative votes of 12
2of its then Directors.
3    (b) The Annual Budget and Two-Year Financial Plan shall
4show a balance between anticipated revenues from all sources
5and anticipated expenses including funding of operating
6deficits or the discharge of encumbrances incurred in prior
7periods and payment of principal and interest when due, and
8shall show cash balances sufficient to pay with reasonable
9promptness all obligations and expenses as incurred.
10    The Annual Budget and Two-Year Financial Plan must show:
11         (i) that the level of fares and charges for mass
12    transportation provided by, or under grant or purchase of
13    service contracts of, the Service Boards is sufficient to
14    cause the aggregate of all projected fare revenues from
15    such fares and charges received in each fiscal year to
16    equal at least 50% of the aggregate costs of providing such
17    public transportation in such fiscal year. "Fare revenues"
18    include the proceeds of all fares and charges for services
19    provided, contributions received in connection with public
20    transportation from units of local government other than
21    the Authority, except for contributions received by the
22    Chicago Transit Authority from a real estate transfer tax
23    imposed under subsection (i) of Section 8-3-19 of the
24    Illinois Municipal Code, and from the State pursuant to
25    subsection (i) of Section 2705-305 of the Department of
26    Transportation Law (20 ILCS 2705/2705-305), and all other

 

 

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

 

 

09800SB3056ham001- 36 -LRB098 18041 JLK 59277 a

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

 

 

09800SB3056ham001- 37 -LRB098 18041 JLK 59277 a

1    ratio". For purposes of the system generated ADA
2    paratransit services revenue recovery ratio, "costs" shall
3    include all items properly included as operating costs
4    consistent with generally accepted accounting principles.
5    However, the Board may exclude from costs an amount that
6    does not exceed the allowable "capital costs of
7    contracting" for ADA paratransit services pursuant to the
8    Federal Transit Administration guidelines for the
9    Urbanized Area Formula Program.
10    (c) The actual administrative expenses of the Authority for
11the fiscal year commencing January 1, 1985 may not exceed
12$5,000,000. The actual administrative expenses of the
13Authority for the fiscal year commencing January 1, 1986, and
14for each fiscal year thereafter shall not exceed the maximum
15administrative expenses for the previous fiscal year plus 5%.
16"Administrative expenses" are defined for purposes of this
17Section as all expenses except: (1) capital expenses and
18purchases of the Authority on behalf of the Service Boards; (2)
19payments to Service Boards; and (3) payment of principal and
20interest on bonds, notes or other evidence of obligation for
21borrowed money issued by the Authority; (4) costs for passenger
22security including grants, contracts, personnel, equipment and
23administrative expenses; (5) payments with respect to public
24transportation facilities made pursuant to subsection (b) of
25Section 2.20 of this Act; and (6) any payments with respect to
26rate protection contracts, credit enhancements or liquidity

 

 

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1agreements made pursuant to Section 4.14.
2    (d) This subsection applies only until the Department
3begins administering and enforcing an increased tax under
4Section 4.03(m) as authorized by this amendatory Act of the
595th General Assembly. After withholding 15% of the proceeds of
6any tax imposed by the Authority and 15% of money received by
7the Authority from the Regional Transportation Authority
8Occupation and Use Tax Replacement Fund, the Board shall
9allocate the proceeds and money remaining to the Service Boards
10as follows: (1) an amount equal to 85% of the proceeds of those
11taxes collected within 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 the City of Chicago shall
16be allocated to the Chicago Transit Authority; (2) an amount
17equal to 85% of the proceeds of those taxes collected within
18Cook County outside the City of Chicago and 85% of the money
19received by the Authority on account of transfers to the
20Regional Transportation Authority Occupation and Use Tax
21Replacement Fund from the County and Mass Transit District Fund
22attributable to retail sales within Cook County outside of the
23city of Chicago shall be allocated 30% to the Chicago Transit
24Authority, 55% to the Commuter Rail Board and 15% to the
25Suburban Bus Board; and (3) an amount equal to 85% of the
26proceeds of the taxes collected within the Counties of DuPage,

 

 

09800SB3056ham001- 39 -LRB098 18041 JLK 59277 a

1Kane, Lake, McHenry and Will shall be allocated 70% to the
2Commuter Rail Board and 30% to the Suburban Bus Board.
3    (e) This subsection applies only until the Department
4begins administering and enforcing an increased tax under
5Section 4.03(m) as authorized by this amendatory Act of the
695th General Assembly. Moneys received by the Authority on
7account of transfers to the Regional Transportation Authority
8Occupation and Use Tax Replacement Fund from the State and
9Local Sales Tax Reform Fund shall be allocated among the
10Authority and the Service Boards as follows: 15% of such moneys
11shall be retained by the Authority and the remaining 85% shall
12be transferred to the Service Boards as soon as may be
13practicable after the Authority receives payment. Moneys which
14are distributable to the Service Boards pursuant to the
15preceding sentence shall be allocated among the Service Boards
16on the basis of each Service Board's distribution ratio. The
17term "distribution ratio" means, for purposes of this
18subsection (e) of this Section 4.01, the ratio of the total
19amount distributed to a Service Board pursuant to subsection
20(d) of Section 4.01 for the immediately preceding calendar year
21to the total amount distributed to all of the Service Boards
22pursuant to subsection (d) of Section 4.01 for the immediately
23preceding calendar year.
24    (f) To carry out its duties and responsibilities under this
25Act, the Board shall employ staff which shall: (1) propose for
26adoption by the Board of the Authority rules for the Service

 

 

09800SB3056ham001- 40 -LRB098 18041 JLK 59277 a

1Boards that establish (i) forms and schedules to be used and
2information required to be provided with respect to a five-year
3capital program, annual budgets, and two-year financial plans
4and regular reporting of actual results against adopted budgets
5and financial plans, (ii) financial practices to be followed in
6the budgeting and expenditure of public funds, (iii)
7assumptions and projections that must be followed in preparing
8and submitting its annual budget and two-year financial plan or
9a five-year capital program; (2) evaluate for the Board public
10transportation programs operated or proposed by the Service
11Boards and transportation agencies in terms of the goals and
12objectives set out in the Strategic Plan; (3) keep the Board
13and the public informed of the extent to which the Service
14Boards and transportation agencies are meeting the goals and
15objectives adopted by the Authority in the Strategic Plan; and
16(4) assess the efficiency or adequacy of public transportation
17services provided by a Service Board and make recommendations
18for change in that service to the end that the moneys available
19to the Authority may be expended in the most economical manner
20possible with the least possible duplication.
21    (g) All Service Boards, transportation agencies,
22comprehensive planning agencies, including the Chicago
23Metropolitan Agency for Planning, or transportation planning
24agencies in the metropolitan region shall furnish to the
25Authority such information pertaining to public transportation
26or relevant for plans therefor as it may from time to time

 

 

09800SB3056ham001- 41 -LRB098 18041 JLK 59277 a

1require. The Executive Director, or his or her designee, shall,
2for the purpose of securing any such information necessary or
3appropriate to carry out any of the powers and responsibilities
4of the Authority under this Act, have access to, and the right
5to examine, all books, documents, papers or records of a
6Service Board or any transportation agency receiving funds from
7the Authority or Service Board, and such Service Board or
8transportation agency shall comply with any request by the
9Executive Director, or his or her designee, within 30 days or
10an extended time provided by the Executive Director.
11    (h) No Service Board shall undertake any capital
12improvement which is not identified in the Five-Year Capital
13Program.
14    (i) Each Service Board shall furnish to the Board access to
15its financial information including, but not limited to, audits
16and reports. The Board shall have real-time access to the
17financial information of the Service Boards; however, the Board
18shall be granted read-only access to the Service Board's
19financial information.
20(Source: P.A. 94-370, eff. 7-29-05; 95-708, eff. 1-18-08;
2195-906, eff. 8-26-08.)
 
22    (70 ILCS 3615/4.15 new)
23    Sec. 4.15. Revolving door prohibition. No Director,
24Service Board director or member, former Director, or former
25Service Board director or member shall, during his or her term

 

 

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1and for a period of one year immediately after the end of his
2or her term, engage in business dealings with, knowingly accept
3employment from, or receive compensation or fees for services
4from the Regional Transportation Authority, the Suburban Bus
5Board, the Commuter Rail Board or the Chicago Transit Board.
6This prohibition shall not apply to any business dealings
7engaged in by the Director or Service Board director or member
8in the course of his or her official duties or responsibilities
9as a Director or Service Board director or member.
 
10    (70 ILCS 3615/4.16 new)
11    Sec. 4.16. Severance and employment-related settlement
12agreements. If any of the Service Boards seek to enter into a
13severance agreement in excess of $50,000 or an
14employment-related settlement agreement in excess of $200,000,
15that agreement shall be reviewed by the Board prior to
16execution for a period of 14 days. After 14 days, the agreement
17shall be considered reviewed. The Board shall review the
18agreement to determine whether the terms are reasonable and in
19the region's best interest. The Service Boards may only enter
20into severance agreements or employment-related settlement
21agreements that have been reviewed by the Board.
 
22    (70 ILCS 3615/5.06 new)
23    Sec. 5.06. Greater Chicago Mass Transit Transparency and
24Accountability Portal (CHI-TAP).

 

 

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1    (a) The Authority, within 12 months after the effective
2date of this amendatory Act of the 98th General Assembly, shall
3establish and maintain a website, known as the Greater Chicago
4Mass Transit Transparency and Accountability Portal (CHI-TAP),
5and shall be tasked with compiling and updating the CHI-TAP
6database with information received from the Authority and all
7of its Service Boards.
8    (b) For purposes of this Section:
9        "Contracts" means payment obligations with vendors on
10    file to purchase goods and services exceeding $10,000 in
11    value.
12        "Recipients" means the Authority or any of its Service
13    Boards.
14    (c) The CHI-TAP shall provide direct access to each of the
15following:
16        (1) A database of all current employees of the
17    Authority and its Service Boards, sorted separately by:
18            (i) Name.
19            (ii) Employing entity.
20            (iii) Employing division or department.
21            (iv) Employment position title.
22            (v) Current base salary or hourly rate and
23        year-to-date gross pay.
24        (2) A database of all current Authority expenditures,
25    sorted separately by Service Board and category.
26        (3) A database of all Authority and Service Board

 

 

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1    contracts entered into after the effective date of this
2    amendatory Act of the 98th General Assembly, sorted
3    separately by contractor name, awarding officer or agency,
4    contract value, and goods or services provided.
5        (4) A database of all employees of the Authority and
6    its Service Boards hired on or after the effective date of
7    this amendatory Act of the 98th General Assembly, sorted
8    searchably by each of the following at the time of
9    employment:
10            (i) Name.
11            (ii) Employing entity.
12            (iii) Employing division.
13            (iv) Employment position title.
14            (v) Current base salary or hourly rate and
15        year-to-date gross pay.
16            (vi) County of employment location.
17            (vii) Status of position including, but not
18        limited to, bargained-for positions, at-will
19        positions, or not bargained for positions.
20            (viii) Employment status including, but not
21        limited to, full-time permanent, full-time temporary,
22        part-time permanent and part-time temporary.
23            (ix) Status as a military veteran.
24        (5) A database of publicly available accident-related
25    and safety-related information currently required to be
26    reported to the federal Secretary of Transportation under

 

 

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1    49 U.S.C. 5335.
2    (d) The CHI-TAP shall include all information required to
3be published by subsection (c) of this Section that is
4available to the Authority in a format the Authority can
5compile and publish on the CHI-TAP. The Authority shall update
6the CHI-TAP within 30 days as additional information becomes
7available in a format that can be compiled and published on the
8CHI-TAP by the Authority.
9    (e) Each Service Board shall cooperate with the Authority
10in furnishing the information necessary for the implementation
11of this Section within a timeframe specified by the Authority.
12    (f) The Authority and its Service Boards are independently
13responsible for the accuracy of the specific information
14provided by each agency to be displayed on CHI-TAP.
 
15    Section 90. The State Mandates Act is amended by adding
16Section 8.38 as follows:
 
17    (30 ILCS 805/8.38 new)
18    Sec. 8.38. Exempt mandate. Notwithstanding Sections 6 and 8
19of this Act, no reimbursement by the State is required for the
20implementation of any mandate created by this amendatory Act of
21the 98th General Assembly.".