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| Public Act 093-0792 |
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AN ACT in relation to transportation.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Local Mass Transit District Act is amended | ||||
by changing Section 4 as follows:
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(70 ILCS 3610/4) (from Ch. 111 2/3, par. 354)
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Sec. 4. The powers of the local Mass Transit District shall | ||||
repose
in, and be exercised by, a Board of Trustees. If the | ||||
District is
created by only one municipality or only one county | ||||
the corporate
authorities or the county board chairman with the | ||||
consent of the county
board of such municipality or county | ||||
shall
appoint either 3 or 5 trustees to the Board; provided | ||||
that in
any Metro East Mass Transit District created by a | ||||
single county, 5 trustees
shall be appointed and the trustees | ||||
so appointed shall be: (1) a mayor
of a municipality within the | ||||
District; (2) a township supervisor
from within the District, | ||||
or if in a county without
township supervisors, another mayor | ||||
within the District; (3) the county board chairman in
which the | ||||
District was formed or such other county board
member as he | ||||
shall designate; and (4) 2 members of the general public.
If | ||||
the District is created by one or
more municipalities or one or | ||||
more counties or any combination thereof,
the corporate | ||||
authorities and the county board chairman of each participating | ||||
municipality or county shall determine the percentage of | ||||
service that the District provides to each municipality or | ||||
county. Each participating municipality and county shall | ||||
appoint trustees in proportion to the percentage of service | ||||
received from the District by that municipality or county. The | ||||
corporate authorities or the county board chairman, with the | ||||
consent of the county board, of each participating municipality | ||||
or county shall appoint one trustee to the Board for each 30% | ||||
or fraction thereof of service that the municipality or county | ||||
receives from the District. If an even number of trustees are | ||
appointed to the Board, the corporate authorities or the county | ||
board chairman, with the consent of the county board, of the | ||
municipality or county that receives the largest percentage of | ||
service from the District shall appoint one additional trustee.
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or the county board chairman with the consent
of the county | ||
board of each participating
municipality or county shall | ||
appoint one trustee to the Board for every
100,000 inhabitants, | ||
or fraction thereof, of such municipality or
county. The first | ||
Trustees appointed to the Board and any 2 additional
trustees, | ||
initially appointed as a result of this amendatory Act of 1983
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shall serve for terms of 4 years or less, the terms to be | ||
staggered to the
extent possible so that they expire one year | ||
apart and so that the terms
of not more than 2 trustees expire | ||
in the same year, with the Trustees to
serve less than 4 years | ||
to be selected by lot. Thereafter, their
successors shall serve | ||
for 4 years. Vacancies shall be filled for the
unexpired term | ||
in the same manner as the original appointment.
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Except in a Metro East Mass Transit District, no Trustee of | ||
any District
may be an elected official of the
municipality or | ||
municipalities or county or counties creating the
District. A | ||
Trustee shall hold office until his successor has been
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appointed and has qualified. A certificate of the appointment | ||
or
reappointment of any Trustee shall be filed with the clerk | ||
or clerks and
such certificate shall be conclusive evidence of | ||
the due and proper
appointment of such Trustee. A Trustee shall | ||
receive, as compensation
for his services,
not more than $100 | ||
for each day devoted to the
business of the Board but not more | ||
than $400 per month. For the
purposes
of this Section, each | ||
District may determine what constitutes a business
day. He | ||
shall also be entitled to the necessary expenses, including
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traveling expenses, incurred in the discharge of his duties. | ||
The powers
of each District and the Board shall be vested in | ||
the Trustees thereof in
office from
time to time. A majority | ||
shall constitute a quorum of the Board for the
purpose of | ||
conducting its business and exercising its powers and for all
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other purposes. Action may be taken by the Board upon a vote of | ||
the
majority of the Trustees present, unless in any case the | ||
bylaws of the
Board shall require a larger number. The Board | ||
shall select a chairman
and a vice-chairman from among the | ||
Trustees.
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No Trustee or employee of the Board shall acquire or have | ||
any
interest direct or indirect in any contract or proposed | ||
contract for
materials or services to be furnished or used in | ||
connection with
operations of the District. For inefficiency or | ||
neglect of duty or
misconduct in office, a Trustee may be | ||
removed by the person or body
which made the original | ||
appointment, but a Trustee shall be removed only
after he shall | ||
have been given a copy of the charges against him at
least 10 | ||
days prior to the hearing thereon and has had an opportunity to
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be heard in person or by counsel. In the event of the removal | ||
of any
Trustee, a record of the proceedings, together with the | ||
charges and
findings thereon, shall be filed in the office of | ||
the clerk or clerks of
the creating county or counties or | ||
municipality or municipalities.
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The Board shall employ a managing director of the District | ||
and may
employ a secretary, treasurer, technical experts and | ||
such other
officers, agents and employees, permanent and | ||
temporary, as it may
require, and shall fix and determine their | ||
qualifications, duties and
compensation and the amount of bond | ||
to be furnished for such offices and
positions. For such legal | ||
services as it may require, the Board may
call upon any chief | ||
law officers of the municipality, municipalities, or
the county | ||
or counties as the case may be, or may employ and fix the
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compensation of its own counsel and legal staff. The Board may | ||
delegate
to one or more of its agents or employees such powers | ||
and duties as it
may deem proper. Notwithstanding the other | ||
provisions of this paragraph,
employment of any person other | ||
than a managing director or secretary by
any Metro East Mass | ||
Transit District created by a single county shall require
the | ||
authorization of the county board of such county.
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Neither the District, the members of its Board nor its | ||
officers or
employees shall be held liable for failure
to | ||
provide a security or police force or, if a security or police | ||
force is
provided, for failure to provide adequate police | ||
protection or security,
failure to prevent the commission of | ||
crimes by fellow passengers or other
third persons or for the | ||
failure to apprehend criminals.
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(Source: P.A. 93-590, eff. 1-1-04.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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