Full Text of HB1342 103rd General Assembly
HB1342 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB1342 Introduced 1/31/2023, by Rep. Eva-Dina Delgado SYNOPSIS AS INTRODUCED: |
| 70 ILCS 3605/31 | from Ch. 111 2/3, par. 331 | 70 ILCS 3610/5 | from Ch. 111 2/3, par. 355 | 70 ILCS 3615/3A.09 | from Ch. 111 2/3, par. 703A.09 | 70 ILCS 3615/3B.09c new | |
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Amends the Metropolitan Transit Authority Act. Provides that the powers of the Chicago Transit Board include the power to pass ordinances or adopt rules and regulations concerning the suspension of riding privileges or confiscation of fare media. Amends the Local Mass Transit District Act and the Regional Transportation Authority Act. Provides that a local mass transit district's board and the Suburban Bus Board may adopt all ordinances and make all rules proper or necessary to regulate the use, operation, and maintenance of its property and facilities, and to carry into effect the powers granted to each board with any necessary fines or penalties, including ordinances, rules, or regulations concerning the suspension of riding privileges or confiscation of fare media, as each board deems proper. Includes similar provisions for the Chief of Police of the Metra Police Department.
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| | A BILL FOR |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Metropolitan Transit Authority Act is | 5 | | amended by changing Section 31 as follows:
| 6 | | (70 ILCS 3605/31) (from Ch. 111 2/3, par. 331)
| 7 | | Sec. 31.
The Board shall have power to pass all ordinances | 8 | | and make
all rules and regulations proper or necessary to | 9 | | regulate the use,
operation and maintenance of its property | 10 | | and facilities, and to carry
into effect the powers granted to | 11 | | the Authority, with such fines or
penalties , including | 12 | | ordinances, rules, and regulations concerning the suspension | 13 | | of riding privileges or confiscation of fare media, as may be | 14 | | deemed proper. No fine or penalty shall exceed
$300.00, and no | 15 | | imprisonment shall exceed six (6) months for one
offense. All | 16 | | fines and penalties shall be imposed by ordinances, which
| 17 | | shall be published in a newspaper of
general circulation | 18 | | published in
the metropolitan area. No such ordinance shall | 19 | | take effect until ten
days after its publication.
| 20 | | (Source: P.A. 80-937.)
| 21 | | Section 10. The Local Mass Transit District Act is amended | 22 | | by changing Section 5 as follows:
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| 1 | | (70 ILCS 3610/5) (from Ch. 111 2/3, par. 355)
| 2 | | Sec. 5.
(a) The Board of Trustees of every District may | 3 | | establish or
acquire any or all manner of mass transit | 4 | | facility. The Board may engage
in the business of | 5 | | transportation of passengers on scheduled routes and
by | 6 | | contract on nonscheduled routes within the territorial limits | 7 | | of the
counties or municipalities creating the District, by | 8 | | whatever means it
may decide. Its routes may be extended | 9 | | beyond such territorial limits
with the consent of the | 10 | | governing bodies of the municipalities or
counties into which | 11 | | such operation is extended.
| 12 | | (b) The Board of Trustees of every District may for the | 13 | | purposes of
the District, acquire by gift, purchase, lease, | 14 | | legacy, condemnation, or
otherwise and hold, use, improve, | 15 | | maintain, operate, own, manage or
lease, as lessor or lessee, | 16 | | such cars, buses, equipment, buildings,
structures, real and | 17 | | personal property, and interests therein, and services,
lands | 18 | | for
terminal and other related facilities, improvements and | 19 | | services, or
any interest therein, including all or
any part | 20 | | of the plant, land, buildings, equipment, vehicles, licenses,
| 21 | | franchises,
patents, property, service contracts and | 22 | | agreements of every kind and
nature.
Real property may be so | 23 | | acquired if it is situated within or partially
within the area | 24 | | served by the District or if it is outside the area
if it is | 25 | | desirable or necessary for the purposes of the District.
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| 1 | | (c) The Board of Trustees of every District which | 2 | | establishes, provides,
or
acquires mass transit facilities or | 3 | | services may contract with any person
or
corporation or public | 4 | | or private entity for the operation or provision
thereof upon | 5 | | such terms and conditions as
the District shall determine.
| 6 | | (d) The Board of Trustees of every District shall have the | 7 | | authority
to contract for any and all purposes of the | 8 | | District, including with an
interstate
transportation | 9 | | authority, or with another local
Mass Transit District or any | 10 | | other municipal, public, or private
corporation
entity in
the | 11 | | transportation business including the authority to contract to | 12 | | lease
its or otherwise provide land, buildings, and equipment, | 13 | | and other
related facilities, improvements, and services, for | 14 | | the carriage of
passengers beyond the territorial
limits of | 15 | | the District or to subsidize transit operations by a public or
| 16 | | private
or municipal corporation operating entity providing | 17 | | mass transit
facilities.
| 18 | | (e) The Board of Trustees of every District shall have the | 19 | | authority
to establish, alter and discontinue transportation | 20 | | routes and services and
any or all
ancillary or supporting | 21 | | facilities and services, and to establish and amend
rate
| 22 | | schedules for the transportation of persons thereon or for the | 23 | | public or
private use thereof which rate schedules shall, | 24 | | together with any
grants, receipts or income from other | 25 | | sources, be sufficient to pay the
expenses of the District, | 26 | | the repair, maintenance and the safe and
adequate operation of |
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| 1 | | its mass transit facilities and public mass
transportation
| 2 | | system and to fulfill the terms of its debts, undertakings, | 3 | | and
obligations.
| 4 | | (f) The Board of Trustees of every District shall have | 5 | | perpetual
succession and shall have the following powers in | 6 | | addition to any others
in this Act granted:
| 7 | | (1) to sue and be sued;
| 8 | | (2) to adopt and use a seal;
| 9 | | (3) to make and execute contracts loans, leases, | 10 | | subleases, installment
purchase agreements, contracts, | 11 | | notes and other instruments evidencing
financial | 12 | | obligations, and other instruments necessary or
convenient | 13 | | in the exercise of its powers;
| 14 | | (4) to make, amend and repeal bylaws, rules and | 15 | | regulations not
inconsistent with this Act , including | 16 | | rules and regulations proper or necessary to regulate the | 17 | | use, operation, and maintenance of its properties and | 18 | | facilities and to carry into effect the powers granted to | 19 | | the Board of Trustees, with any necessary fines or | 20 | | penalties, such as the suspension of riding privileges or | 21 | | confiscation of fare media, as the Board deems proper ;
| 22 | | (5) to sell, lease, sublease, license, transfer, | 23 | | convey or
otherwise dispose of any of its real or personal | 24 | | property, or
interests
therein, in whole or in part, at | 25 | | any time upon such terms and conditions as
it may | 26 | | determine,
with public bidding if the value exceeds $1,000 |
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| 1 | | at negotiated, competitive,
public, or private sale;
| 2 | | (6) to invest funds, not required for immediate | 3 | | disbursement, in
property, agreements, or securities legal | 4 | | for investment of public
funds
controlled by
savings banks | 5 | | under applicable law;
| 6 | | (7) to mortgage, pledge, hypothecate or otherwise | 7 | | encumber all or
any part of its real or personal property | 8 | | or other assets, or
interests therein;
| 9 | | (8) to apply for, accept and use grants, loans or | 10 | | other financial
assistance from any private entity or | 11 | | municipal, county, State or Federal
governmental
agency or | 12 | | other public entity;
| 13 | | (9) to borrow money from the United States Government | 14 | | or any agency
thereof, or from any other public or private | 15 | | source, for the purposes of
the District and,
as evidence | 16 | | thereof, to issue its revenue bonds, payable solely from | 17 | | the
revenue derived from the operation of the District. | 18 | | These bonds may be
issued with maturities not exceeding 40 | 19 | | years from the date of the
bonds, and in such amounts as | 20 | | may be necessary to provide sufficient
funds, together | 21 | | with interest, for the purposes of the District. These
| 22 | | bonds shall bear interest at a rate of not more than the | 23 | | maximum rate
authorized by the Bond Authorization Act, as | 24 | | amended at the time of the
making of the contract of sale, | 25 | | payable semi-annually, may be made
registerable as to
| 26 | | principal, and may be made payable and callable as |
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| 1 | | provided on any
interest payment date at a price of
par and | 2 | | accrued interest under such terms and conditions as may be | 3 | | fixed by the
ordinance authorizing the issuance of the | 4 | | bonds. Bonds issued under this
Section are negotiable | 5 | | instruments. They shall be executed by the chairman and
| 6 | | members of the Board of Trustees, attested by the | 7 | | secretary, and shall be
sealed with the corporate seal of
| 8 | | the District. In case any Trustee or officer whose | 9 | | signature appears on the
bonds or
coupons ceases to hold | 10 | | that office before the bonds are delivered, such
officer's
| 11 | | signature, shall nevertheless be valid and sufficient for | 12 | | all purposes, the
same as though such officer had remained | 13 | | in office until the bonds
were delivered. The
bonds shall | 14 | | be sold in such manner and upon such terms as the Board of | 15 | | Trustees
shall determine, except that the selling price | 16 | | shall be such that the interest
cost to the District of the | 17 | | proceeds of the bonds shall not exceed the maximum
rate | 18 | | authorized by the Bond Authorization Act, as amended at | 19 | | the time of the
making of the contract of sale, payable | 20 | | semi-annually, computed to maturity
according
to the | 21 | | standard table of bond values.
| 22 | | The ordinance shall fix the amount of revenue bonds | 23 | | proposed to be
issued, the maturity or maturities, the | 24 | | interest rate, which shall not
exceed the maximum rate | 25 | | authorized by the Bond Authorization Act, as amended
at | 26 | | the time of the making of the contract of sale, and all the |
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| 1 | | details in
connection
with the bonds. The ordinance may | 2 | | contain such covenants and restrictions upon
the issuance | 3 | | of additional revenue bonds thereafter, which will share | 4 | | equally
in the revenue of the District, as may be deemed | 5 | | necessary or advisable for
the
assurance of the payment of | 6 | | the bonds first issued. Any District may also
provide in | 7 | | the ordinance authorizing the issuance of bonds under this | 8 | | Section
that the bonds, or such ones thereof as may be | 9 | | specified, shall, to the extent
and in the manner | 10 | | prescribed, be subordinated and be junior in standing, | 11 | | with
respect to the payment of principal and interest and | 12 | | the security thereof, to
such other bonds as are | 13 | | designated in the ordinance.
| 14 | | The ordinance shall pledge the revenue derived from | 15 | | the operations of
the District for the purpose of paying | 16 | | the cost of operation and
maintenance of the District, | 17 | | and, as applicable, providing adequate
depreciation funds,
| 18 | | and paying the principal of and interest on the bonds of | 19 | | the District
issued under this Section;
| 20 | | (10) subject to Section 5.1, to levy a tax on property | 21 | | within the
District at the rate of not to exceed .25% on | 22 | | the assessed value of such
property in the manner provided | 23 | | in the Illinois Municipal Budget Law;
| 24 | | (11) to issue tax anticipation warrants;
| 25 | | (12) to contract with any school district in this | 26 | | State to provide
for the transportation of pupils to and |
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| 1 | | from school within such district
pursuant to the | 2 | | provisions of Section 29-15 of the School Code;
| 3 | | (13) to provide for the insurance of any property, | 4 | | directors,
officers, employees or operations of the | 5 | | District against any risk or
hazard, and to self-insure or | 6 | | participate in joint self-insurance pools or
entities to | 7 | | insure against such risk or hazard;
| 8 | | (14) to use its established funds, personnel, and | 9 | | other resources to
acquire, construct, operate, and | 10 | | maintain bikeways and trails. Districts
may cooperate with | 11 | | other governmental and private agencies in bikeway and
| 12 | | trail programs; and
| 13 | | (15) to acquire, own, maintain, construct, | 14 | | reconstruct, improve, repair,
operate or lease any | 15 | | light-rail public transportation system, terminal,
| 16 | | terminal facility, public airport, or bridge or toll | 17 | | bridge across waters with
any city, state, or both.
| 18 | | With respect to instruments for the payment of money | 19 | | issued under this
Section either before, on, or after June 6, | 20 | | 1989 (the effective date of Public Act 86-4), it is and always | 21 | | has been the intention of the General
Assembly (i) that the | 22 | | Omnibus Bond Acts are and always have been
supplementary | 23 | | grants of power to issue instruments in accordance with the
| 24 | | Omnibus Bond Acts, regardless of any provision of this Act | 25 | | that may appear
to be or to have been more restrictive than | 26 | | those Acts, (ii) that the
provisions of this Section are not a |
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| 1 | | limitation on the supplementary
authority granted by the | 2 | | Omnibus Bond Acts, and (iii) that instruments
issued under | 3 | | this Section within the supplementary authority granted
by the | 4 | | Omnibus Bond Acts are not invalid because of any provision of
| 5 | | this Act that may appear to be or to have been more restrictive | 6 | | than
those Acts.
| 7 | | This Section shall be liberally construed to give effect | 8 | | to its purposes.
| 9 | | (Source: P.A. 99-642, eff. 7-28-16.)
| 10 | | Section 15. The Regional Transportation Authority Act is | 11 | | amended by changing Section 3A.09 and by adding Section 3B.09c | 12 | | as follows:
| 13 | | (70 ILCS 3615/3A.09) (from Ch. 111 2/3, par. 703A.09)
| 14 | | Sec. 3A.09. General powers. In addition to any powers | 15 | | elsewhere provided
to the Suburban Bus Board, it shall have | 16 | | all of the powers specified in
Section 2.20 of this Act except | 17 | | for the powers specified in Section 2.20(a)(v). The Board | 18 | | shall also have the power:
| 19 | | (a) to cooperate with the Regional Transportation | 20 | | Authority in the
exercise by the Regional Transportation | 21 | | Authority of all the powers granted
it by such Act;
| 22 | | (b) to receive funds from the Regional Transportation | 23 | | Authority pursuant
to Sections 2.02, 4.01, 4.02, 4.09 and | 24 | | 4.10 of the Regional Transportation
Authority Act, all as |
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| 1 | | provided in the Regional Transportation Authority Act;
| 2 | | (c) to receive financial grants from the Regional | 3 | | Transportation
Authority or a Service Board, as defined in | 4 | | the Regional Transportation
Authority Act, upon such terms | 5 | | and conditions as shall be set forth in a
grant contract | 6 | | between either the Division and the Regional | 7 | | Transportation
Authority or the Division and another | 8 | | Service Board, which contract or
agreement may be for such | 9 | | number of years or duration as the parties agree,
all as | 10 | | provided in the Regional Transportation Authority Act; | 11 | | (d) to perform all functions necessary for the | 12 | | provision of paratransit services under Section 2.30 of | 13 | | this Act; and
| 14 | | (e) to borrow money for the purposes of: (i) | 15 | | constructing a new garage in the northwestern Cook County | 16 | | suburbs, (ii) converting the South Cook garage in Markham | 17 | | to a Compressed Natural Gas facility, (iii) constructing a | 18 | | new paratransit garage in DuPage County, (iv) expanding | 19 | | the North Shore garage in Evanston to accommodate | 20 | | additional indoor bus parking, and (v) purchasing new | 21 | | transit buses. For the purpose of evidencing the | 22 | | obligation of the Suburban Bus Board to repay any money | 23 | | borrowed as provided in this subsection, the Suburban Bus | 24 | | Board may issue revenue bonds from time to time pursuant | 25 | | to ordinance adopted by the Suburban Bus Board, subject to | 26 | | the approval of the Regional Transportation Authority of |
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| 1 | | each such issuance by the affirmative vote of 12 of its | 2 | | then Directors; provided that the Suburban Bus Board may | 3 | | not issue bonds for the purpose of financing the | 4 | | acquisition, construction, or improvement of any facility | 5 | | other than those listed in this subsection (e). All such | 6 | | bonds shall be payable solely from the revenues or income | 7 | | or any other funds that the Suburban Bus Board may | 8 | | receive, provided that the Suburban Bus Board may not | 9 | | pledge as security for such bonds the moneys, if any, that | 10 | | the Suburban Bus Board receives from the Regional | 11 | | Transportation Authority pursuant to Section 4.03.3(f) of | 12 | | the Regional Transportation Authority Act. The bonds shall | 13 | | bear interest at a rate not to exceed the maximum rate | 14 | | authorized by the Bond Authorization Act and shall mature | 15 | | at such time or times not exceeding 25 years from their | 16 | | respective dates. Bonds issued pursuant to this paragraph | 17 | | must be issued with scheduled principal or mandatory | 18 | | redemption payments in equal amounts in each fiscal year | 19 | | over the term of the bonds, with the first principal or | 20 | | mandatory redemption payment scheduled within the fiscal | 21 | | year in which bonds are issued or within the next | 22 | | succeeding fiscal year. At least 25%, based on total | 23 | | principal amount, of all bonds authorized pursuant to this | 24 | | Section shall be sold pursuant to notice of sale and | 25 | | public bid. No more than 75%, based on total principal | 26 | | amount, of all bonds authorized pursuant to this Section |
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| 1 | | shall be sold by negotiated sale. The maximum principal | 2 | | amount of the bonds that may be issued may not exceed | 3 | | $100,000,000. The bonds shall have all the qualities of | 4 | | negotiable instruments under the laws of this State. To | 5 | | secure the payment of any or all of such bonds and for the | 6 | | purpose of setting forth the covenants and undertakings of | 7 | | the Suburban Bus Board in connection with the issuance | 8 | | thereof and the issuance of any additional bonds payable | 9 | | from such revenue or income as well as the use and | 10 | | application of the revenue or income received by the | 11 | | Suburban Bus Board, the Suburban Bus Board may execute and | 12 | | deliver a trust agreement or agreements; provided that no | 13 | | lien upon any physical property of the Suburban Bus Board | 14 | | shall be created thereby. A remedy for any breach or | 15 | | default of the terms of any such trust agreement by the | 16 | | Suburban Bus Board may be by mandamus proceedings in any | 17 | | court of competent jurisdiction to compel performance and | 18 | | compliance therewith, but the trust agreement may | 19 | | prescribe by whom or on whose behalf such action may be | 20 | | instituted. Under no circumstances shall any bonds issued | 21 | | by the Suburban Bus Board or any other obligation of the | 22 | | Suburban Bus Board in connection with the issuance of such | 23 | | bonds be or become an indebtedness or obligation of the | 24 | | State of Illinois, the Regional Transportation Authority, | 25 | | or any other political subdivision of or municipality | 26 | | within the State, nor shall any such bonds or obligations |
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| 1 | | be or become an indebtedness of the Suburban Bus Board | 2 | | within the purview of any constitutional limitation or | 3 | | provision, and it shall be plainly stated on the face of | 4 | | each bond that it does not constitute such an indebtedness | 5 | | or obligation but is payable solely from the revenues or | 6 | | income as aforesaid ; and . | 7 | | (f) to adopt ordinances and make all rules and | 8 | | regulations proper or necessary to regulate the use, | 9 | | operation, and maintenance of its property and facilities | 10 | | and to carry into effect the powers granted to the | 11 | | Suburban Bus Board, with any necessary fines or penalties, | 12 | | such as the suspension of riding privileges or | 13 | | confiscation of fare media, as the Board deems proper. | 14 | | (Source: P.A. 99-665, eff. 7-29-16.)
| 15 | | (70 ILCS 3615/3B.09c new) | 16 | | Sec. 3B.09c. Regulation of the use, operation, and | 17 | | maintenance of property. The Chief of Police of the Metra | 18 | | Police Department may make rules and regulations proper or | 19 | | necessary to regulate the use, operation, and maintenance of | 20 | | the property and facilities of the Commuter Rail Board and to | 21 | | carry into effect the powers granted to the Chief by the | 22 | | Commuter Rail Board, with any necessary fines or penalties, | 23 | | such as the suspension of riding privileges or confiscation of | 24 | | fare media, that the Chief deems proper.
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