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| Public Act 097-1116 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Local Mass Transit District Act is amended | ||||
by changing Sections 2, 3, and 5.1 as follows:
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(70 ILCS 3610/2) (from Ch. 111 2/3, par. 352)
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Sec. 2. Definitions. For the purposes of this Act:
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(a) "Mass transit facility" means any local public | ||||
transportation
facility, whether buses, trolley-buses, or | ||||
railway systems, utilized by
a substantial number of persons | ||||
for their daily transportation, and
includes not only the local | ||||
public transportation facility itself but
ancillary and | ||||
supporting facilities such as, for example, motor vehicle
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parking facilities, as well.
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(b) "Participating municipality and county" means the | ||||
municipality
or municipalities, county or counties creating | ||||
the local Mass Transit
District pursuant to Section 3 of this | ||||
Act.
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(c) "Municipality" means a city, village, township, or | ||||
incorporated
town.
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(d) "Corporate authorities" means (1) the city council or | ||||
similar
body of a city, (2) the board of trustees or similar | ||||
body of a village
or incorporated town, (3) the council of a | ||||
municipality under the
commission form of municipal | ||
government, and (4) the board of trustees
in a township.
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(e) "County board" means the governing board of a county.
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(f) "District" means a local Mass Transit District created | ||
pursuant
to Section 3 of this Act.
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(g) "Board" means the Board of Trustees of a local Mass | ||
Transit
District created pursuant to Section 3 of this Act.
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(h) "Interstate transportation authority" shall mean any | ||
political
subdivision created by compact between this State and | ||
another state, which is
a body corporate and politic and a | ||
political subdivision of both contracting
states, and which | ||
operates a public mass transportation system.
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(i) "Metro East Mass Transit District" means one or more | ||
local mass transit
districts created pursuant to this Act, | ||
composed only of Madison, St. Clair
or Monroe Counties, or any | ||
combination thereof or any territory annexed to such
district.
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(j) "Public mass transportation system" shall mean a | ||
transportation system
or systems owned and operated by an | ||
interstate transportation authority,
a municipality, District, | ||
or other public or private authority, employing
motor busses, | ||
rails or any other means of conveyance, by whatsoever type or
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power, operated for public use in the conveyance of persons, | ||
mainly providing
local transportation service within an | ||
interstate transportation district,
municipality, or county.
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(k) "Southeast Commuter Rail Transit District" means one or | ||
more local mass transit districts created pursuant to this Act, | ||
composed only of municipalities located within Cook County or | ||
Will County, or both, or any territory annexed to such | ||
district. | ||
(l) "Northwest Metra Commuter Rail District" means one or | ||
more local mass transit districts created pursuant to this Act, | ||
composed only of municipalities located within McHenry County, | ||
or any territory annexed to such district. | ||
(Source: P.A. 95-331, eff. 8-21-07; 96-1542, eff. 3-8-11.)
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(70 ILCS 3610/3) (from Ch. 111 2/3, par. 353)
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Sec. 3. Creation of a district. For the purpose of | ||
acquiring, constructing, owning, operating
and maintaining | ||
mass transit facilities for public service or
subsidizing the | ||
operation thereof a local Mass Transit District may be
created, | ||
composed of one or more municipalities or one or more counties
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or any combination thereof, by ordinance approved by a majority | ||
vote of
the corporate authorities or by resolution approved by | ||
a majority vote
of the county board of each participating | ||
municipality and county.
A Metro East Mass Transit District | ||
created by one or more counties shall
include: (1) those | ||
townships which were served by regularly scheduled mass
transit | ||
routes operated by an interstate transportation authority on | ||
June
1, 1980; (2) in the case of a county without townships, | ||
any municipality
or unincorporated portion of a road district | ||
which was served by regularly
scheduled mass transit routes | ||
operated by an interstate transportation
authority
on June 1, | ||
1980; (3) any other townships or municipalities whose | ||
participation
is approved by ordinance adopted by a majority | ||
vote of their Board of Trustees
or corporate authorities; plus | ||
(4) in the case of a county without townships,
the | ||
unincorporated portion of any road district, the participation | ||
of which
is approved by an ordinance adopted by a majority vote | ||
of the Board of
Commissioners
of the county in which it is | ||
located.
Such
District shall be known as the ".... Mass Transit | ||
District", inserting
all or any significant part of the name or | ||
names of the municipality or
the county, or both, creating the | ||
District, or a name descriptive of the
area to be served if the | ||
District is created by more than one
municipality, more than | ||
one county, or any combination thereof. A Southeast Commuter | ||
Rail Transit District shall include: the Village of Crete, the | ||
Village of Steger, the Village of South Chicago Heights, the | ||
City of Chicago Heights, the Village of Glenwood, the Village | ||
of Thornton, the Village of South Holland, the Village of | ||
Dolton, the City of Calumet City, the Village of Lansing, and | ||
the Village of Lynwood. A Northwest Metra Commuter Rail | ||
District shall include all municipalities located within | ||
McHenry County.
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The District created pursuant to this Act shall be a | ||
municipal
corporation and shall have the right of eminent | ||
domain to acquire
private property which is necessary for the | ||
purposes of the District,
and shall have the power to contract | ||
for public mass transportation with
an Interstate | ||
Transportation Authority.
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Upon the creation of any District, the clerk of the | ||
municipality or
of the county, or the clerks of the several | ||
municipalities or counties,
as the case may be, shall certify a | ||
copy of the ordinance or resolution
creating the District, and | ||
the names of the persons first appointed
Trustees thereof, and | ||
shall file the same with the county clerk for
recording as | ||
certificates of incorporation and the county clerk shall
cause | ||
duplicate certified copies thereof to be filed with the | ||
Secretary
of State.
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(Source: P.A. 96-1542, eff. 3-8-11.)
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(70 ILCS 3610/5.1) (from Ch. 111 2/3, par. 355.1)
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Sec. 5.1.
(a) The Board of Trustees of any district created | ||
after
July 1, 1967 (except districts created under Section 3.1) | ||
has no
authority to levy the tax provided for in subparagraph | ||
(10) of paragraph
(f) of Section 5 unless the question of | ||
authorizing such tax is
submitted to the voters of the district | ||
and approved by a majority of
the voters of the district voting | ||
on the question.
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The board of trustees of any such district may by | ||
resolution cause
such question to be submitted to the voters of | ||
the district at a regular
election as specified in such | ||
resolution. The question shall
be certified, submitted and | ||
notice of the election shall be given
in accordance with the | ||
general election law. The proposition shall be in
substantially | ||
the following form:
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Shall the board of trustees of........
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Mass Transit District be authorized to levy a YES
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tax on property within the district at a rate --------------
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of not to exceed .25% on the assessed value NO
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of such property?
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(b) The Board of Trustees of any district which has the | ||
authority to
levy the tax at a rate not to exceed .05% provided | ||
for in subparagraph
(10) of paragraph (f) of Section 5 of this | ||
Act before the effective date
of this amendatory Act of 1974 | ||
does not have the authority to increase
the tax levy to a rate | ||
not to exceed .25% unless the question of
increasing the taxing | ||
authority is submitted to the voters of the
district and | ||
approved by a majority of the voters of the district voting
on | ||
the question.
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The Board of Trustees of any such district may by | ||
resolution cause
such question to be submitted to the voters of | ||
the district at a regular
election as specified in such | ||
resolution. The question shall
be certified, submitted and | ||
notice of the election shall be given
in accordance with the | ||
general election law. The proposition shall be in
substantially | ||
the following form:
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-------------------------------------------------------------
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Shall the board of trustees of........
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Mass Transit District be given the authority to YES
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increase their power to levy a tax on property
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within the district from a rate not to exceed ------------
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.05% on the assessed value of such property
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to a rate not to exceed .25% on the assessed NO
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value of such property?
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The provisions of this subsection (b) shall not apply to | ||
the Northwest Metra Commuter Rail District. | ||
(Source: P.A. 81-1489.)
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