Public Act 90-0183 of the 90th General Assembly

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Public Act 90-0183

SB285 Enrolled                                 LRB9001460NTsb

    AN ACT concerning transportation, amending named Acts.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  3.  The  Metropolitan  Transit  Authority Act is
amended by changing Section 28 as follows:

    (70 ILCS 3605/28) (from Ch. 111 2/3, par. 328)
    Sec. 28.  The  Board  shall  classify  all  the  offices,
positions   and  grades  of  regular  and  exempt  employment
required, excepting that of the Chairman of  the  Board,  the
Executive  Director,  Secretary,  Treasurer, General Counsel,
and Chief Engineer, with reference to the duties, job  title,
job schedule number, and the compensation fixed therefor, and
adopt  rules governing appointments to any of such offices or
positions on the basis of merit and efficiency. The job title
shall be generally descriptive of  the  duties  performed  in
that  job,  and  the  job  schedule  number  shall be used to
identify a job title and to further classify positions within
a  job  title.  No  discrimination  shall  be  made  in   any
appointment or promotion to any office, position, or grade of
regular  employment  because  of  race,  creed,  color,  sex,
national  origin,  physical  or  mental handicap unrelated to
ability, or political or religious affiliations.  No  officer
or  employee  in  regular  employment  shall be discharged or
demoted except for cause which is detrimental to the service.
Any  officer  or  employee  in  regular  employment  who   is
discharged  or  demoted  may file a complaint in writing with
the Board  within  ten  days  after  notice  of  his  or  her
discharge or demotion.  If an employee is a member of a labor
organization  the complaint may be filed by such organization
for and in behalf of such employee.  The Board shall grant  a
hearing on such complaint within thirty (30) days after it is
filed.   The  time and place of the hearing shall be fixed by
the Board and due notice thereof given  to  the  complainant,
the  labor organization by or through which the complaint was
filed and  the  Executive  Director.  The  hearing  shall  be
conducted  by  the  Board,  or  any  member  thereof  or  any
officers'  committee or employees' committee appointed by the
Board.  The complainant may be represented  by  counsel.   If
the  Board  finds,  or  approves  a  finding of the member or
committee appointed by the Board, that  the  complainant  has
been  unjustly  discharged  or  demoted,  he  or she shall be
restored to his or her office or position with back pay.  The
decision of the Board shall  be  final  and  not  subject  to
review.  The Board may designate such offices, positions, and
grades of employment as exempt as it deems necessary for  the
efficient  operation  of  the business of the Authority.  The
total  number  of   employees   occupying   exempt   offices,
positions,  or  grades of employment may not exceed 3% of the
total employment  of  the  Authority.   All  exempt  offices,
positions,  and  grades  of  employment shall be at will.  No
discrimination shall be made in any appointment or  promotion
to  any  office,  position,  or  grade  of  exempt employment
because of race, creed, color, sex, national origin, physical
or mental handicap unrelated  to  ability,  or  religious  or
political  affiliation.  The  Board may abolish any vacant or
occupied office or position.   Additionally,  the  Board  may
reduce  the  force  of  employees for lack of work or lack of
funds  as  determined  by  the  Board.  When  the  number  of
positions  or  employees   holding   positions   of   regular
employment  within  a  particular  job title and job schedule
number are reduced, those employees with  the  least  company
seniority  in that job title and job schedule number shall be
first released from regular employment service.  For a period
of one year, an  employee  released  from  service  shall  be
eligible  for reinstatement to the job title and job schedule
number from which he or she was released, in order of company
seniority, if additional  force  of  employees  is  required.
"Company seniority" as used in this Section means the overall
employment  service  credited to an employee by the Authority
since the employee's most recent date of hire irrespective of
job titles held.  If  2  or  more  employees  have  the  same
company  seniority  date,  time in the affected job title and
job schedule number  shall  be  used  to  break  the  company
seniority   tie.   For  purposes  of  this  Section,  company
seniority shall be  considered  a  working  condition.   When
employees  are represented by a labor organization that has a
labor agreement with the Authority,  the  wages,  hours,  and
working  conditions (including, but not limited to, seniority
rights) shall be governed by  the  terms  of  the  agreement.
Exempt  employment  shall  not  include any employees who are
represented  by  a  labor  organization  that  has  a   labor
agreement with the Authority.
(Source: P.A. 87-597; 88-518.)

    Section  5.   The  Illinois  Highway  Code  is amended by
adding  Section  6-131  and  by  changing  Section  6-207  as
follows:

    (605 ILCS 5/6-131 new)
    Sec.  6-131.  Senior  citizen  transportation  and   mass
transit  programs;  district  road fund.  A road district may
use money in its district road fund to pay for all or part of
the direct costs of senior citizen transportation programs or
senior citizen mass transit programs, or both.

    (605 ILCS 5/6-207) (from Ch. 121, par. 6-207)
    Sec. 6-207.  Compensation  of  highway  commissioner  and
other officers.
    (a)  Unless an annual salary is fixed as provided in this
Section,  the highway commissioner shall receive for each day
he or  she  is  necessarily  employed  in  the  discharge  of
official duties a per diem to be fixed by the county board in
road  districts  in counties not under township organization,
by the highway board of  trustees  in  consolidated  township
road  districts,  and  by  the  board  of  town  trustees  in
districts composed of a single township.  Before any per diem
is paid, a sworn statement shall be filed by the commissioner
in  the  office  of the district clerk, showing the number of
days the commissioner was employed, the kind  of  employment,
and the dates of employment.
    The  boards  specified  in  the  preceding paragraph may,
instead of a per diem, fix an annual salary for  the  highway
commissioner  at  not  less  than $3,000, to be paid in equal
monthly installments.  The boards shall fix the  compensation
of  the commissioner, whether an annual salary or a per diem,
on or before the last Tuesday in March  before  the  date  of
election of the commissioner.
    If  the  term  of any highway commissioner is extended by
operation of law, the board  that  fixes  the  commissioner's
rate   of   compensation   may   increase  the  rate  of  the
compensation, within the limits provided in this Section,  in
relation  to  that  portion  of  the commissioner's term that
extends beyond the period for which he or she was elected.
    The board of town trustees shall  order  payment  of  the
amount  of  per  diem  claimed  in the highway commissioner's
sworn statement at the first regular  meeting  following  the
filing  of  the  statement.   In  consolidated  township road
districts, the compensation and the expenses of  the  offices
of  the  highway  commissioner,  district clerk, and district
treasurer shall be audited by the highway board of trustees.
    The compensation of the  highway  commissioner  shall  be
paid from the general township fund in districts comprised of
a  single  township  and  shall be paid from the regular road
fund in all other  districts  having  highway  commissioners;
however,  in  districts  comprised  of  a  single township, a
portion (not exceeding 50%)  of  the  highway  commissioner's
salary may be paid from the corporate road and bridge fund or
the permanent road fund if approved by the township board and
the highway commissioner.
    (b)  The officers composing the highway board of trustees
in  consolidated township road districts shall be entitled to
$3 per day for attending meetings of the board,  to  be  paid
out  of  the  town  fund  of  their respective townships.  In
consolidated township road districts, the compensation of the
district clerk and the district treasurer shall be  paid  out
of the road fund of the district.
    (c)  The district clerk shall receive $4 per day for each
day  he  or  she  shall  be required to meet with the highway
commissioner and the same amount per day for the time  he  or
she shall be employed in canvassing the returns of elections.
The  district  clerk  shall  receive  no  other per diem.  In
addition to the above, the district clerk shall also  receive
fees  for  the  following  services,  to  be  paid out of the
district road fund, except where otherwise specified:
         (1)  For serving notice of election  or  appointment
    upon district officers as required by this Code, 25 cents
    each.
         (2)  For  posting  up  notices  required  by law, 25
    cents each.
         (3)  For copying any record in the district  clerk's
    office and certifying to the copy, 10 cents for every 100
    words,  to  be  paid  by  the  person  applying  for  the
    certified copy.
    (d)  Except  as  otherwise  provided  in  this  Code, the
district  treasurer  shall,  in   addition   to   any   other
compensation  to  which he or she is by law entitled, receive
an annual salary of not less than $100 nor more  than  $1,000
per year to be fixed by the county board in road districts in
counties  not  under  township  organization,  by the highway
board of trustees in consolidated  township  road  districts,
and  by the board of town trustees in districts composed of a
single township.
    Except as otherwise provided in this Code,  the  district
treasurer  shall,  in  addition  to any other compensation to
which he or she is by law entitled, receive an annual  salary
deemed  appropriate  and  to  be fixed by the county board in
road districts in counties not under township organization.
    The compensation of the district treasurer shall be  paid
from  the  general  township  fund in districts composed of a
single township and shall be paid from the regular road  fund
in all other districts having district treasurers.
(Source: P.A. 89-662, eff. 8-14-96.)

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