Full Text of HB4335 94th General Assembly
HB4335 94TH GENERAL ASSEMBLY
|
|
|
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4335
Introduced 12/29/2005, by Rep. Shane Cultra - Chapin Rose SYNOPSIS AS INTRODUCED: |
|
70 ILCS 3610/4 |
from Ch. 111 2/3, par. 354 |
|
Amends the Local Mass Transit District Act. Beginning with the general election in 2006, provides that the Board of Trustees for any Local Mass Transit District that is entirely within a county or that is coterminous with a county with a population of less than 250,000 and not contiguous to a county with a population of 500,000 or more shall consist of 7 elected trustees (now, the trustees are appointed by the county board). Makes corresponding changes. Effective immediately.
|
| |
|
|
A BILL FOR
|
|
|
|
|
HB4335 |
|
LRB094 16165 HLH 51406 b |
|
| 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 Local Mass Transit District Act is amended | 5 |
| by changing Section 4 as follows:
| 6 |
| (70 ILCS 3610/4) (from Ch. 111 2/3, par. 354)
| 7 |
| Sec. 4. Board of Trustees.
| 8 |
| (a) The powers of the local Mass Transit District shall | 9 |
| repose
in, and be exercised by, a Board of Trustees. | 10 |
| (b) Except as otherwise provided in subsection (d), if
If
| 11 |
| the District is
created by only one municipality or only one | 12 |
| county the corporate
authorities or the county board chairman | 13 |
| with the consent of the county
board of such municipality or | 14 |
| county shall
appoint either 3 or 5 trustees to the Board; | 15 |
| provided that in
any Metro East Mass Transit District created | 16 |
| by a single county, 5 trustees
shall be appointed and the | 17 |
| trustees so appointed shall be: (1) a mayor
of a municipality | 18 |
| within the District; (2) a township supervisor
from within the | 19 |
| District, or if in a county without
township supervisors, | 20 |
| another mayor within the District; (3) the county board | 21 |
| chairman in
which the District was formed or such other county | 22 |
| board
member as he shall designate; and (4) 2 members of the | 23 |
| general public.
| 24 |
| (c) Except as otherwise provided in subsection (d), if
If
| 25 |
| the District is created by one or
more municipalities or one or | 26 |
| more counties or any combination thereof,
the corporate | 27 |
| authorities and the county board chairman of each participating | 28 |
| municipality or county shall determine the percentage of | 29 |
| service that the District provides to each municipality or | 30 |
| county. Each participating municipality and county shall | 31 |
| appoint trustees in proportion to the percentage of service | 32 |
| received from the District by that municipality or county. The |
|
|
|
HB4335 |
- 2 - |
LRB094 16165 HLH 51406 b |
|
| 1 |
| corporate authorities or the county board chairman, with the | 2 |
| consent of the county board, of each participating municipality | 3 |
| or county shall appoint one trustee to the Board for each 30% | 4 |
| or fraction thereof of service that the municipality or county | 5 |
| receives from the District. If an even number of trustees are | 6 |
| appointed to the Board, the corporate authorities or the county | 7 |
| board chairman, with the consent of the county board, of the | 8 |
| municipality or county that receives the largest percentage of | 9 |
| service from the District shall appoint one additional trustee. | 10 |
| The first Trustees appointed to the Board and any 2 additional
| 11 |
| trustees, initially appointed as a result of this amendatory | 12 |
| Act of 1983
shall serve for terms of 4 years or less, the terms | 13 |
| to be staggered to the
extent possible so that they expire one | 14 |
| year apart and so that the terms
of not more than 2 trustees | 15 |
| expire in the same year, with the Trustees to
serve less than 4 | 16 |
| years to be selected by lot. Thereafter, their
successors shall | 17 |
| serve for 4 years. Vacancies shall be filled for the
unexpired | 18 |
| term in the same manner as the original appointment. | 19 |
| (d) Beginning with the general election in 2006, any | 20 |
| District that is entirely within a county with a population of | 21 |
| less than 250,000, or that is coterminous with a county with a | 22 |
| population of less than 250,000, shall have a board of 7 | 23 |
| trustees elected at large by the electors of the county in | 24 |
| accordance with the general election law. The trustees elected | 25 |
| in 2006 shall be elected to staggered terms as follows: 4 | 26 |
| members shall serve a term of 2 years each and 3 members shall | 27 |
| serve a term of 4 years each. Thereafter, their
successors | 28 |
| shall serve 4-year terms. The terms of all trustees in office | 29 |
| at the time of the general election in 2006 shall terminate | 30 |
| upon the election and qualification of the trustees elected in | 31 |
| the general election in 2006. Within 30 days after a vacancy | 32 |
| occurs, the term shall be filled by appointment by the county | 33 |
| board chairman, with the advice and consent of the county | 34 |
| board. If there remains an unexpired portion of the vacated | 35 |
| term of more than 28 months, then the appointed trustee shall | 36 |
| serve until the next general election, at which time a trustee |
|
|
|
HB4335 |
- 3 - |
LRB094 16165 HLH 51406 b |
|
| 1 |
| shall be elected to serve for the remainder of the term. This | 2 |
| subsection (d) does not apply to any district that is entirely | 3 |
| within or coterminous with a county with a population of less | 4 |
| than 250,000 if the county is contiguous to a county with a | 5 |
| population of 500,000 or more.
| 6 |
| (e) Except in a Metro East Mass Transit District, no | 7 |
| Trustee of any District
may be an elected official of the
| 8 |
| municipality or municipalities or county or counties creating | 9 |
| the
District. A Trustee shall hold office until his successor | 10 |
| has been
appointed and has qualified. A certificate of the | 11 |
| appointment or
reappointment of any Trustee shall be filed with | 12 |
| the clerk or clerks and
such certificate shall be conclusive | 13 |
| evidence of the due and proper
appointment of such Trustee. A | 14 |
| Trustee shall receive, as compensation
for his services,
not | 15 |
| more than $100 for each day devoted to the
business of the | 16 |
| Board but not more than $400 per month. For the
purposes
of | 17 |
| this Section, each District may determine what constitutes a | 18 |
| business
day. He shall also be entitled to the necessary | 19 |
| expenses, including
traveling expenses, incurred in the | 20 |
| discharge of his duties. The powers
of each District and the | 21 |
| Board shall be vested in the Trustees thereof in
office from
| 22 |
| time to time. A majority shall constitute a quorum of the Board | 23 |
| for the
purpose of conducting its business and exercising its | 24 |
| powers and for all
other purposes. Action may be taken by the | 25 |
| Board upon a vote of the
majority of the Trustees present, | 26 |
| unless in any case the bylaws of the
Board shall require a | 27 |
| larger number. The Board shall select a chairman
and a | 28 |
| vice-chairman from among the Trustees.
| 29 |
| (f) No Trustee or employee of the Board shall acquire or | 30 |
| have any
interest direct or indirect in any contract or | 31 |
| proposed contract for
materials or services to be furnished or | 32 |
| used in connection with
operations of the District. For | 33 |
| inefficiency or neglect of duty or
misconduct in office, any | 34 |
| appointed
a Trustee may be removed by the person or body
which | 35 |
| made the original appointment, but the
a Trustee shall be | 36 |
| removed only
after he shall have been given a copy of the |
|
|
|
HB4335 |
- 4 - |
LRB094 16165 HLH 51406 b |
|
| 1 |
| charges against him at
least 10 days prior to the hearing | 2 |
| thereon and has had an opportunity to
be heard in person or by | 3 |
| counsel. In the event of the removal of any
appointed Trustee, | 4 |
| a record of the proceedings, together with the charges and
| 5 |
| findings thereon, shall be filed in the office of the clerk or | 6 |
| clerks of
the creating county or counties or municipality or | 7 |
| municipalities.
| 8 |
| (g) The Board shall employ a managing director of the | 9 |
| District and may
employ a secretary, treasurer, technical | 10 |
| experts and such other
officers, agents and employees, | 11 |
| permanent and temporary, as it may
require, and shall fix and | 12 |
| determine their qualifications, duties and
compensation and | 13 |
| the amount of bond to be furnished for such offices and
| 14 |
| positions. For such legal services as it may require, the Board | 15 |
| may
call upon any chief law officers of the municipality, | 16 |
| municipalities, or
the county or counties as the case may be, | 17 |
| or may employ and fix the
compensation of its own counsel and | 18 |
| legal staff. The Board may delegate
to one or more of its | 19 |
| agents or employees such powers and duties as it
may deem | 20 |
| proper. Notwithstanding the other provisions of this | 21 |
| paragraph,
employment of any person other than a managing | 22 |
| director or secretary by
any Metro East Mass Transit District | 23 |
| created by a single county shall require
the authorization of | 24 |
| the county board of such county.
| 25 |
| (h) Neither the District, the members of its Board nor its | 26 |
| officers or
employees shall be held liable for failure
to | 27 |
| provide a security or police force or, if a security or police | 28 |
| force is
provided, for failure to provide adequate police | 29 |
| protection or security,
failure to prevent the commission of | 30 |
| crimes by fellow passengers or other
third persons or for the | 31 |
| failure to apprehend criminals.
| 32 |
| (Source: P.A. 93-590, eff. 1-1-04; 93-792, eff. 7-22-04.)
| 33 |
| Section 99. Effective date. This Act takes effect upon | 34 |
| becoming law.
|
|