Rep. Al Riley

Filed: 5/13/2014

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1 AMENDMENT TO SENATE BILL 3056

2 AMENDMENT NO. ______. Amend Senate Bill 3056 by replacing

3 everything after the enacting clause with the following:

4 "Section 5. The Open Meetings Act is amended by changing

5 Section 2 as follows:

6 (5 ILCS 120/2) (from Ch. 102, par. 42)

7 Sec. 2. Open meetings.

8 (a) Openness required. All meetings of public bodies shall

9 be open to the public unless excepted in subsection (c) and

10 closed in accordance with Section 2a.

11 (b) Construction of exceptions. The exceptions contained

12 in subsection (c) are in derogation of the requirement that

13 public bodies meet in the open, and therefore, the exceptions

14 are to be strictly construed, extending only to subjects

15 clearly within their scope. The exceptions authorize but do not

16 require the holding of a closed meeting to discuss a subject

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1 included within an enumerated exception.

2 (c) Exceptions. A public body may hold closed meetings to

3 consider the following subjects:

4 (1) The appointment, employment, compensation,

5 discipline, performance, or dismissal of specific

6 employees of the public body or legal counsel for the

7 public body, including hearing testimony on a complaint

8 lodged against an employee of the public body or against

9 legal counsel for the public body to determine its

10 validity.

11 (2) Collective negotiating matters between the public

12 body and its employees or their representatives, or

13 deliberations concerning salary schedules for one or more

14 classes of employees.

15 (3) The selection of a person to fill a public office,

16 as defined in this Act, including a vacancy in a public

17 office, when the public body is given power to appoint

18 under law or ordinance, or the discipline, performance or

19 removal of the occupant of a public office, when the public

20 body is given power to remove the occupant under law or

21 ordinance.

22 (4) Evidence or testimony presented in open hearing, or

23 in closed hearing where specifically authorized by law, to

24 a quasi-adjudicative body, as defined in this Act, provided

25 that the body prepares and makes available for public

26 inspection a written decision setting forth its

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1 determinative reasoning.

2 (5) The purchase or lease of real property for the use

3 of the public body, including meetings held for the purpose

4 of discussing whether a particular parcel should be

5 acquired.

6 (6) The setting of a price for sale or lease of

7 property owned by the public body.

8 (7) The sale or purchase of securities, investments, or

9 investment contracts. This exception shall not apply to the

10 investment of assets or income of funds deposited into the

11 Illinois Prepaid Tuition Trust Fund.

12 (8) Security procedures and the use of personnel and

13 equipment to respond to an actual, a threatened, or a

14 reasonably potential danger to the safety of employees,

15 students, staff, the public, or public property.

16 (9) Student disciplinary cases.

17 (10) The placement of individual students in special

18 education programs and other matters relating to

19 individual students.

20 (11) Litigation, when an action against, affecting or

21 on behalf of the particular public body has been filed and

22 is pending before a court or administrative tribunal, or

23 when the public body finds that an action is probable or

24 imminent, in which case the basis for the finding shall be

25 recorded and entered into the minutes of the closed

26 meeting.

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1 (12) The establishment of reserves or settlement of

2 claims as provided in the Local Governmental and

3 Governmental Employees Tort Immunity Act, if otherwise the

4 disposition of a claim or potential claim might be

5 prejudiced, or the review or discussion of claims, loss or

6 risk management information, records, data, advice or

7 communications from or with respect to any insurer of the

8 public body or any intergovernmental risk management

9 association or self insurance pool of which the public body

10 is a member.

11 (13) Conciliation of complaints of discrimination in

12 the sale or rental of housing, when closed meetings are

13 authorized by the law or ordinance prescribing fair housing

14 practices and creating a commission or administrative

15 agency for their enforcement.

16 (14) Informant sources, the hiring or assignment of

17 undercover personnel or equipment, or ongoing, prior or

18 future criminal investigations, when discussed by a public

19 body with criminal investigatory responsibilities.

20 (15) Professional ethics or performance when

21 considered by an advisory body appointed to advise a

22 licensing or regulatory agency on matters germane to the

23 advisory body's field of competence.

24 (16) Self evaluation, practices and procedures or

25 professional ethics, when meeting with a representative of

26 a statewide association of which the public body is a

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1 member.

2 (17) The recruitment, credentialing, discipline or

3 formal peer review of physicians or other health care

4 professionals for a hospital, or other institution

5 providing medical care, that is operated by the public

6 body.

7 (18) Deliberations for decisions of the Prisoner

8 Review Board.

9 (19) Review or discussion of applications received

10 under the Experimental Organ Transplantation Procedures

11 Act.

12 (20) The classification and discussion of matters

13 classified as confidential or continued confidential by

14 the State Government Suggestion Award Board.

15 (21) Discussion of minutes of meetings lawfully closed

16 under this Act, whether for purposes of approval by the

17 body of the minutes or semi-annual review of the minutes as

18 mandated by Section 2.06.

19 (22) Deliberations for decisions of the State

20 Emergency Medical Services Disciplinary Review Board.

21 (23) The operation by a municipality of a municipal

22 utility or the operation of a municipal power agency or

23 municipal natural gas agency when the discussion involves

24 (i) contracts relating to the purchase, sale, or delivery

25 of electricity or natural gas or (ii) the results or

26 conclusions of load forecast studies.

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1 (24) Meetings of a residential health care facility

2 resident sexual assault and death review team or the

3 Executive Council under the Abuse Prevention Review Team

4 Act.

5 (25) Meetings of an independent team of experts under

6 Brian's Law.

7 (26) Meetings of a mortality review team appointed

8 under the Department of Juvenile Justice Mortality Review

9 Team Act.

10 (27) (Blank).

11 (28) Correspondence and records (i) that may not be

12 disclosed under Section 11-9 of the Public Aid Code or (ii)

13 that pertain to appeals under Section 11-8 of the Public

14 Aid Code.

15 (29) Meetings between internal or external auditors

16 and governmental audit committees, finance committees, and

17 their equivalents, when the discussion involves internal

18 control weaknesses, identification of potential fraud risk

19 areas, known or suspected frauds, and fraud interviews

20 conducted in accordance with generally accepted auditing

21 standards of the United States of America.

22 (30) Those meetings or portions of meetings of an

23 at-risk adult fatality review team or the Illinois At-Risk

24 Adult Fatality Review Team Advisory Council during which a

25 review of the death of an eligible adult in which abuse or

26 neglect is suspected, alleged, or substantiated is

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1 conducted pursuant to Section 15 of the Adult Protective

2 Services Act.

3 (31) ~~(30)~~ Meetings and deliberations for decisions of

4 the Concealed Carry Licensing Review Board under the

5 Firearm Concealed Carry Act.

6 (32) Meetings between the Regional Transportation

7 Authority Board and its Service Boards when the discussion

8 involves review by the Regional Transportation Authority

9 Board of employment contracts under Section 28d of the

10 Metropolitan Transit Authority Act and Sections 3A.18 and

11 3B.26 of the Regional Transportation Authority Act.

12 (d) Definitions. For purposes of this Section:

13 "Employee" means a person employed by a public body whose

14 relationship with the public body constitutes an

15 employer-employee relationship under the usual common law

16 rules, and who is not an independent contractor.

17 "Public office" means a position created by or under the

18 Constitution or laws of this State, the occupant of which is

19 charged with the exercise of some portion of the sovereign

20 power of this State. The term "public office" shall include

21 members of the public body, but it shall not include

22 organizational positions filled by members thereof, whether

23 established by law or by a public body itself, that exist to

24 assist the body in the conduct of its business.

25 "Quasi-adjudicative body" means an administrative body

26 charged by law or ordinance with the responsibility to conduct

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1 hearings, receive evidence or testimony and make

2 determinations based thereon, but does not include local

3 electoral boards when such bodies are considering petition

4 challenges.

5 (e) Final action. No final action may be taken at a closed

6 meeting. Final action shall be preceded by a public recital of

7 the nature of the matter being considered and other information

8 that will inform the public of the business being conducted.

9 (Source: P.A. 97-318, eff. 1-1-12; 97-333, eff. 8-12-11;

10 97-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876, eff.

11 8-1-12; 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; revised

12 7-23-13.)

13 Section 15. The Metropolitan Transit Authority Act is

14 amended by changing Section 28 and adding Section 28d as

15 follows:

16 (70 ILCS 3605/28) (from Ch. 111 2/3, par. 328)

17 Sec. 28. The Board shall classify all the offices,

18 positions and grades of regular and exempt employment required,

19 excepting that of the Chairman of the Board, the Executive

20 Director, Secretary, Treasurer, General Counsel, and Chief

21 Engineer, with reference to the duties, job title, job schedule

22 number, and the compensation fixed therefor, and adopt rules

23 governing appointments to any of such offices or positions on

24 the basis of merit and efficiency. The job title shall be

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1 generally descriptive of the duties performed in that job, and

2 the job schedule number shall be used to identify a job title

3 and to further classify positions within a job title. No

4 discrimination shall be made in any appointment or promotion to

5 any office, position, or grade of regular employment because of

6 race, creed, color, sex, national origin, physical or mental

7 handicap unrelated to ability, or political or religious

8 affiliations. No officer or employee in regular employment

9 shall be discharged or demoted except for cause which is

10 detrimental to the service. Any officer or employee in regular

11 employment who is discharged or demoted may file a complaint in

12 writing with the Board within ten days after notice of his or

13 her discharge or demotion. If an employee is a member of a

14 labor organization the complaint may be filed by such

15 organization for and in behalf of such employee. The Board

16 shall grant a hearing on such complaint within thirty (30) days

17 after it is filed. The time and place of the hearing shall be

18 fixed by the Board and due notice thereof given to the

19 complainant, the labor organization by or through which the

20 complaint was filed and the Executive Director. The hearing

21 shall be conducted by the Board, or any member thereof or any

22 officers' committee or employees' committee appointed by the

23 Board. The complainant may be represented by counsel. If the

24 Board finds, or approves a finding of the member or committee

25 appointed by the Board, that the complainant has been unjustly

26 discharged or demoted, he or she shall be restored to his or

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1 her office or position with back pay. The decision of the Board

2 shall be final and not subject to review. The Board may

3 designate such offices, positions, and grades of employment as

4 exempt as it deems necessary for the efficient operation of the

5 business of the Authority. The total number of employees

6 occupying exempt offices, positions, or grades of employment

7 may not exceed 3% of the total employment of the Authority. All

8 exempt offices, positions, and grades of employment shall be at

9 will. No discrimination shall be made in any appointment or

10 promotion to any office, position, or grade of exempt

11 employment because of race, creed, color, sex, national origin,

12 physical or mental handicap unrelated to ability, or religious

13 or political affiliation. The Board may abolish any vacant or

14 occupied office or position. Additionally, the Board may reduce

15 the force of employees for lack of work or lack of funds as

16 determined by the Board. When the number of positions or

17 employees holding positions of regular employment within a

18 particular job title and job schedule number are reduced, those

19 employees with the least company seniority in that job title

20 and job schedule number shall be first released from regular

21 employment service. For a period of one year, an employee

22 released from service shall be eligible for reinstatement to

23 the job title and job schedule number from which he or she was

24 released, in order of company seniority, if additional force of

25 employees is required. "Company seniority" as used in this

26 Section means the overall employment service credited to an

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1 employee by the Authority since the employee's most recent date

2 of hire irrespective of job titles held. If 2 or more employees

3 have the same company seniority date, time in the affected job

4 title and job schedule number shall be used to break the

5 company seniority tie. For purposes of this Section, company

6 seniority shall be considered a working condition. When

7 employees are represented by a labor organization that has a

8 labor agreement with the Authority, the wages, hours, and

9 working conditions (including, but not limited to, seniority

10 rights) shall be governed by the terms of the agreement. Exempt

11 employment shall not include any employees who are represented

12 by a labor organization that has a labor agreement with the

13 Authority.

14 No employee, officer, or agent of the Chicago Transit Board

15 may receive a bonus that exceeds 10% of his or her annual

16 salary unless that bonus has been reviewed for a period of 14

17 days by the Regional Transportation Authority Board. After 14

18 days, the bonus shall be considered reviewed. This Section does

19 not apply to usual and customary salary adjustments.

20 (Source: P.A. 90-183, eff. 1-1-98.)

21 (70 ILCS 3605/28d new)

22 Sec. 28d. Employment contracts. Except as otherwise

23 provided in Section 28a, before the Chicago Transit Board may

24 enter into or amend any employment contract in excess of

25 $100,000, the Chicago Transit Board must submit that contract

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1 or amendment to the Regional Transportation Authority Board for

2 review for a period of 14 days. After 14 days, the contract

3 shall be considered reviewed. This Section applies only to

4 contracts entered into or amended on or after the effective

5 date of this amendatory Act of the 98th General Assembly.

6 Section 20. The Regional Transportation Authority Act is

7 amended by changing Sections 1.02, 2.01, 2.01a, 2.06.1, 2.14,

8 3A.05, 3B.05, 4.01 and by adding Sections 3A.18, 3B.26, 4.15,

9 4.16 and 5.06 as follows:

10 (70 ILCS 3615/1.02) (from Ch. 111 2/3, par. 701.02)

11 Sec. 1.02. Findings and Purpose.

12 (a) The General Assembly finds;

13 (i) Public transportation is, as provided in Section 7

14 of Article XIII of the Illinois Constitution, an essential

15 public purpose for which public funds may be expended and

16 that Section authorizes the State to provide financial

17 assistance to units of local government for distribution to

18 providers of public transportation. There is an urgent need

19 to reform and continue a unit of local government to assure

20 the proper management of public transportation and to

21 receive and distribute State or federal operating

22 assistance and to raise and distribute revenues for local

23 operating assistance. System generated revenues are not

24 adequate for such service and a public need exists to

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1 provide for, aid and assist public transportation in the

2 northeastern area of the State, consisting of Cook, DuPage,

3 Kane, Lake, McHenry and Will Counties.

4 (ii) Comprehensive and coordinated regional public

5 transportation is essential to the public health, safety

6 and welfare. It is essential to economic well-being,

7 maintenance of full employment, conservation of sources of

8 energy and land for open space and reduction of traffic

9 congestion and for providing and maintaining a healthful

10 environment for the benefit of present and future

11 generations in the metropolitan region. Public

12 transportation improves the mobility of the public and

13 improves access to jobs, commercial facilities, schools

14 and cultural attractions. Public transportation decreases

15 air pollution and other environmental hazards resulting

16 from excessive use of automobiles and allows for more

17 efficient land use and planning.

18 (iii) Because system generated receipts are not

19 presently adequate, public transportation facilities and

20 services in the northeastern area are in grave financial

21 condition. With existing methods of financing,

22 coordination and management, and relative convenience of

23 automobiles, such public transportation facilities are not

24 providing adequate public transportation to insure the

25 public health, safety and welfare.

26 (iv) Additional commitments to the public

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1 transportation needs of the disabled, the economically

2 disadvantaged, and the elderly are necessary.

3 (v) To solve these problems, it is necessary to provide

4 for the creation of a regional transportation authority

5 with the powers necessary to insure adequate public

6 transportation.

7 (b) The General Assembly further finds, in connection with

8 this amendatory Act of 1983:

9 (i) Substantial, recurring deficits in the operations

10 of public transportation services subject to the

11 jurisdiction of the Regional Transportation Authority and

12 periodic cash shortages have occurred either of which could

13 bring about a loss of public transportation services

14 throughout the metropolitan region at any time;

15 (ii) A substantial or total loss of public

16 transportation services or any segment thereof would

17 create an emergency threatening the safety and well-being

18 of the people in the northeastern area of the State; and

19 (iii) To meet the urgent needs of the people of the

20 metropolitan region that such an emergency be averted and

21 to provide financially sound methods of managing the

22 provision of public transportation services in the

23 northeastern area of the State, it is necessary, while

24 maintaining and continuing the existing Authority, to

25 modify the powers and responsibilities of the Authority, to

26 reallocate responsibility for operating decisions, to

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1 change the composition and appointment of the Board of

2 Directors thereof, and to immediately establish a new Board

3 of Directors.

4 (c) The General Assembly further finds in connection with

5 this amendatory Act of the 95th General Assembly:

6 (i) The economic vitality of northeastern Illinois

7 requires regionwide and systemwide efforts to increase

8 ridership on the transit systems, constrain road

9 congestion within the metropolitan region, and allocate

10 resources for transportation so as to assist in the

11 development of an adequate, efficient, geographically

12 equitable and coordinated regional transportation system

13 that is in a state of good repair.

14 (ii) To achieve the purposes of this amendatory Act of

15 the 95th General Assembly, the powers and duties of the

16 Authority must be enhanced to improve overall planning and

17 coordination, to achieve an integrated and efficient

18 regional transit system, to advance the mobility of transit

19 users, and to increase financial transparency of the

20 Authority and the Service Boards.

21 (d) It is the purpose of this Act to provide for, aid and

22 assist public transportation in the northeastern area of the

23 State without impairing the overall quality of existing public

24 transportation by providing for the creation of a single

25 authority responsive to the people and elected officials of the

26 area and with the power and competence to develop, implement,

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1 and enforce plans that promote adequate, efficient,

2 geographically equitable and coordinated public

3 transportation, provide financial review of the providers of

4 public transportation in the metropolitan region and

5 facilitate public transportation provided by Service Boards

6 which is attractive and economical to users, comprehensive,

7 coordinated among its various elements, economical, safe,

8 efficient and coordinated with area and State plans.

9 (Source: P.A. 95-708, eff. 1-18-08.)

10 (70 ILCS 3615/2.01) (from Ch. 111 2/3, par. 702.01)

11 Sec. 2.01. General Allocation of Responsibility for Public

12 Transportation.

13 (a) In order to accomplish the purposes as set forth in

14 this Act, the responsibility for planning, operating, and

15 funding public transportation in the metropolitan region shall

16 be allocated as described in this Act. The Authority shall:

17 (i) adopt plans that implement the public policy of the

18 State to provide adequate, efficient, geographically

19 equitable and coordinated public transportation throughout

20 the metropolitan region;

21 (ii) set goals, objectives, and standards for the

22 Authority, the Service Boards, and transportation

23 agencies;

24 (iii) develop performance measures to inform the

25 public about the extent to which the provision of public

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1 transportation in the metropolitan region meets those

2 goals, objectives, and standards;

3 (iv) allocate operating and capital funds made

4 available to support public transportation in the

5 metropolitan region;

6 (v) provide financial oversight of the Service Boards;

7 and

8 (vi) coordinate the provision of public transportation

9 and the investment in public transportation facilities to

10 enhance the integration of public transportation

11 throughout the metropolitan region, all as provided in this

12 Act.

13 The Service Boards shall, on a continuing basis determine

14 the level, nature and kind of public transportation which

15 should be provided for the metropolitan region in order to meet

16 the plans, goals, objectives, and standards adopted by the

17 Authority. The Service Boards may provide public

18 transportation by purchasing such service from transportation

19 agencies through purchase of service agreements, by grants to

20 such agencies or by operating such service, all pursuant to

21 this Act and the "Metropolitan Transit Authority Act", as now

22 or hereafter amended. Certain of its actions to implement the

23 responsibilities allocated to the Authority in this subsection

24 (a) shall be taken in 3 public documents adopted by the

25 affirmative vote of at least 12 of its then Directors: A

26 Strategic Plan; a Five-Year Capital Program; and an Annual

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1 Budget and Two-Year Financial Plan.

2 (b) The Authority shall subject the operating and capital

3 plans and expenditures of the Service Boards in the

4 metropolitan region with regard to public transportation to

5 continuing review so that the Authority may budget and expend

6 its funds with maximum effectiveness and efficiency. The

7 Authority shall conduct audits of each of the Service Boards no

8 less than every 5 years. Such audits may include management,

9 performance, financial, and infrastructure condition audits.

10 The Authority may conduct management, performance, financial,

11 and infrastructure condition audits of transportation agencies

12 that receive funds from the Authority. The Authority may direct

13 a Service Board to conduct any such audit of a transportation

14 agency that receives funds from such Service Board, and the

15 Service Board shall comply with such request to the extent it

16 has the right to do so. These audits of the Service Boards or

17 transportation agencies may be project or service specific

18 audits to evaluate their achievement of the goals and

19 objectives of that project or service and their compliance with

20 any applicable requirements.

21 (Source: P.A. 95-708, eff. 1-18-08.)

22 (70 ILCS 3615/2.01a)

23 Sec. 2.01a. Strategic Plan.

24 (a) By the affirmative vote of at least 12 of its then

25 Directors, the Authority shall adopt a Strategic Plan, no less

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1 than every 5 years, after consultation with the Service Boards

2 and after holding a minimum of 3 public hearings in Cook County

3 and one public hearing in each of the other counties in the

4 region. The Executive Director of the Authority shall review

5 the Strategic Plan on an ongoing basis and make recommendations

6 to the Board of the Authority with respect to any update or

7 amendment of the Strategic Plan. The Strategic Plan shall

8 describe the specific actions to be taken by the Authority and

9 the Service Boards to provide adequate, efficient, and

10 coordinated public transportation.

11 (b) The Strategic Plan shall identify goals and objectives

12 with respect to:

13 (i) increasing ridership and passenger miles on public

14 transportation funded by the Authority;

15 (ii) coordination of public transportation services

16 and the investment in public transportation facilities to

17 enhance the integration of public transportation

18 throughout the metropolitan region;

19 (iii) coordination of fare and transfer policies to

20 promote transfers by riders among Service Boards,

21 transportation agencies, and public transportation modes,

22 which may include goals and objectives for development of a

23 universal fare instrument that riders may use

24 interchangeably on all public transportation funded by the

25 Authority, and methods to be used to allocate revenues from

26 transfers;

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1 (iv) improvements in public transportation facilities

2 to bring those facilities into a state of good repair,

3 enhancements that attract ridership and improve customer

4 service, and expansions needed to serve areas with

5 sufficient demand for public transportation;

6 (v) access for transit-dependent populations,

7 including access by low-income communities to places of

8 employment, utilizing analyses provided by the Chicago

9 Metropolitan Agency for Planning regarding employment and

10 transportation availability, and giving consideration to

11 the location of employment centers in each county and the

12 availability of public transportation at off-peak hours

13 and on weekends;

14 (vi) the financial viability of the public

15 transportation system, including both operating and

16 capital programs;

17 (vii) limiting road congestion within the metropolitan

18 region and enhancing transit options to improve mobility;

19 and

20 (viii) such other goals and objectives that advance the

21 policy of the State to provide adequate, efficient,

22 geographically equitable and coordinated public

23 transportation in the metropolitan region.

24 (c) The Strategic Plan shall establish the process and

25 criteria by which proposals for capital improvements by a

26 Service Board or a transportation agency will be evaluated by

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1 the Authority for inclusion in the Five-Year Capital Program,

2 which may include criteria for:

3 (i) allocating funds among maintenance, enhancement,

4 and expansion improvements;

5 (ii) projects to be funded from the Innovation,

6 Coordination, and Enhancement Fund;

7 (iii) projects intended to improve or enhance

8 ridership or customer service;

9 (iv) design and location of station or transit

10 improvements intended to promote transfers, increase

11 ridership, and support transit-oriented land development;

12 (v) assessing the impact of projects on the ability to

13 operate and maintain the existing transit system; and

14 (vi) other criteria that advance the goals and

15 objectives of the Strategic Plan.

16 (d) The Strategic Plan shall establish performance

17 standards and measurements regarding the adequacy, efficiency,

18 geographic equity and coordination of public transportation

19 services in the region and the implementation of the goals and

20 objectives in the Strategic Plan. At a minimum, such standards

21 and measures shall include customer-related performance data

22 measured by line, route, or sub-region, as determined by the

23 Authority, on the following:

24 (i) travel times and on-time performance;

25 (ii) ridership data;

26 (iii) equipment failure rates;

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1 (iv) employee and customer safety; and

2 (v) customer satisfaction.

3 The Service Boards and transportation agencies that

4 receive funding from the Authority or Service Boards shall

5 prepare, publish, and submit to the Authority such reports with

6 regard to these standards and measurements in the frequency and

7 form required by the Authority; however, the frequency of such

8 reporting shall be no less than annual. The Service Boards

9 shall publish such reports on their respective websites. The

10 Authority shall compile and publish such reports on its

11 website. Such performance standards and measures shall not be

12 used as the basis for disciplinary action against any employee

13 of the Authority or Service Boards, except to the extent the

14 employment and disciplinary practices of the Authority or

15 Service Board provide for such action.

16 (e) The Strategic Plan shall identify innovations to

17 improve the delivery of public transportation and the

18 construction of public transportation facilities.

19 (f) The Strategic Plan shall describe the expected

20 financial condition of public transportation in the

21 metropolitan region prospectively over a 10-year period, which

22 may include information about the cash position and all known

23 obligations of the Authority and the Service Boards including

24 operating expenditures, debt service, contributions for

25 payment of pension and other post-employment benefits, the

26 expected revenues from fares, tax receipts, grants from the

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1 federal, State, and local governments for operating and capital

2 purposes and issuance of debt, the availability of working

3 capital, and the resources needed to achieve the goals and

4 objectives described in the Strategic Plan.

5 (g) In developing the Strategic Plan, the Authority shall

6 rely on such demographic and other data, forecasts, and

7 assumptions developed by the Chicago Metropolitan Agency for

8 Planning with respect to the patterns of population density and

9 growth, projected commercial and residential development, and

10 environmental factors, within the metropolitan region and in

11 areas outside the metropolitan region that may impact public

12 transportation utilization in the metropolitan region. The

13 Authority shall also consult with the Illinois Department of

14 Transportation's Office of Planning and Programming when

15 developing the Strategic Plan. Before adopting or amending any

16 Strategic Plan, the Authority shall consult with the Chicago

17 Metropolitan Agency for Planning regarding the consistency of

18 the Strategic Plan with the Regional Comprehensive Plan adopted

19 pursuant to the Regional Planning Act.

20 (h) The Authority may adopt, by the affirmative vote of at

21 least 12 of its then Directors, sub-regional or corridor plans

22 for specific geographic areas of the metropolitan region in

23 order to improve the adequacy, efficiency, geographic equity

24 and coordination of existing, or the delivery of new, public

25 transportation. Such plans may also address areas outside the

26 metropolitan region that may impact public transportation

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1 utilization in the metropolitan region. In preparing a

2 sub-regional or corridor plan, the Authority may identify

3 changes in operating practices or capital investment in the

4 sub-region or corridor that could increase ridership, reduce

5 costs, improve coordination, or enhance transit-oriented

6 development. The Authority shall consult with any affected

7 Service Boards in the preparation of any sub-regional or

8 corridor plans.

9 (i) If the Authority determines, by the affirmative vote of

10 at least 12 of its then Directors, that, with respect to any

11 proposed new public transportation service or facility, (i)

12 multiple Service Boards or transportation agencies are

13 potential service providers and (ii) the public transportation

14 facilities to be constructed or purchased to provide that

15 service have an expected construction cost of more than

16 $25,000,000, the Authority shall have sole responsibility for

17 conducting any alternatives analysis and preliminary

18 environmental assessment required by federal or State law.

19 Nothing in this subparagraph (i) shall prohibit a Service Board

20 from undertaking alternatives analysis and preliminary

21 environmental assessment for any public transportation service

22 or facility identified in items (i) and (ii) above that is

23 included in the Five-Year Capital Program as of the effective

24 date of this amendatory Act of the 95th General Assembly;

25 however, any expenditure related to any such public

26 transportation service or facility must be included in a

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1 Five-Year Capital Program under the requirements of Sections

2 2.01b and 4.02 of this Act.

3 (Source: P.A. 95-708, eff. 1-18-08.)

4 (70 ILCS 3615/2.06.1) (from Ch. 111 2/3, par. 702.06.1)

5 Sec. 2.06.1. Bikeways and trails. The Authority may use its

6 established funds, personnel, and other resources to acquire,

7 construct, operate, and maintain bikeways and trails. The

8 Authority shall ~~may~~cooperate with other governmental and

9 private agencies in bikeway and trail programs.

10 (Source: P.A. 87-985.)

11 (70 ILCS 3615/2.14) (from Ch. 111 2/3, par. 702.14)

12 Sec. 2.14. Appointment of Officers and Employees. The

13 Authority may appoint, retain and employ officers, attorneys,

14 agents, engineers and employees. The officers shall include an

15 Executive Director, who shall be the chief executive officer of

16 the Authority, appointed by the Chairman with the concurrence

17 of 11 of the other then Directors of the Board. The Executive

18 Director shall organize the staff of the Authority, shall

19 allocate their functions and duties, shall transfer such staff

20 to the Suburban Bus Division and the Commuter Rail Division as

21 is sufficient to meet their purposes, shall fix compensation

22 and conditions of employment of the staff of the Authority, and

23 consistent with the policies of and direction from the Board,

24 take all actions necessary to achieve its purposes, fulfill its

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1 responsibilities and carry out its powers, and shall have such

2 other powers and responsibilities as the Board shall determine.

3 The Executive Director must be an individual of proven

4 transportation and management skills and may not be a member of

5 the Board. The Authority may employ its own professional

6 management personnel to provide professional and technical

7 expertise concerning its purposes and powers and to assist it

8 in assessing the performance of the Service Boards in the

9 metropolitan region.

10 No employee, officer, or agent of the Authority may receive

11 a bonus that exceeds 10% of his or her annual salary unless

12 that bonus has been reviewed by the Board for a period of 14

13 days. After 14 days, the contract shall be considered reviewed.

14 This Section does not apply to usual and customary salary

15 adjustments.

16 No unlawful discrimination, as defined and prohibited in

17 the Illinois Human Rights Act, shall be made in any term or

18 aspect of employment nor shall there be discrimination based

19 upon political reasons or factors. The Authority shall

20 establish regulations to insure that its discharges shall not

21 be arbitrary and that hiring and promotion are based on merit.

22 The Authority shall be subject to the "Illinois Human

23 Rights Act", as now or hereafter amended, and the remedies and

24 procedure established thereunder. The Authority shall file an

25 affirmative action program for employment by it with the

26 Department of Human Rights to ensure that applicants are

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1 employed and that employees are treated during employment,

2 without regard to unlawful discrimination. Such affirmative

3 action program shall include provisions relating to hiring,

4 upgrading, demotion, transfer, recruitment, recruitment

5 advertising, selection for training and rates of pay or other

6 forms of compensation.

7 (Source: P.A. 95-708, eff. 1-18-08.)

8 (70 ILCS 3615/3A.05) (from Ch. 111 2/3, par. 703A.05)

9 Sec. 3A.05. Appointment of officers and employees. The

10 Suburban Bus Board shall appoint an Executive Director who

11 shall be the chief executive officer of the Division,

12 appointed, retained or dismissed with the concurrence of 9 of

13 the directors of the Suburban Bus Board. The Executive Director

14 shall appoint, retain and employ officers, attorneys, agents,

15 engineers, employees and shall organize the staff, shall

16 allocate their functions and duties, fix compensation and

17 conditions of employment, and consistent with the policies of

18 and direction from the Suburban Bus Board take all actions

19 necessary to achieve its purposes, fulfill its

20 responsibilities and carry out its powers, and shall have such

21 other powers and responsibilities as the Suburban Bus Board

22 shall determine. The Executive Director shall be an individual

23 of proven transportation and management skills and may not be a

24 member of the Suburban Bus Board. The Division may employ its

25 own professional management personnel to provide professional

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1 and technical expertise concerning its purposes and powers and

2 to assist it in assessing the performance of transportation

3 agencies in the metropolitan region.

4 No employee, officer, or agent of the Suburban Bus Board

5 may receive a bonus that exceeds 10% of his or her annual

6 salary unless that bonus has been reviewed by the Regional

7 Transportation Authority Board for a period of 14 days. After

8 14 days, the contract shall be considered reviewed. This

9 Section does not apply to usual and customary salary

10 adjustments.

11 No unlawful discrimination, as defined and prohibited in

12 the Illinois Human Rights Act, shall be made in any term or

13 aspect of employment nor shall there be discrimination based

14 upon political reasons or factors. The Suburban Bus Board shall

15 establish regulations to insure that its discharges shall not

16 be arbitrary and that hiring and promotion are based on merit.

17 The Division shall be subject to the "Illinois Human Rights

18 Act", as now or hereafter amended, and the remedies and

19 procedure established thereunder. The Suburban Bus Board shall

20 file an affirmative action program for employment by it with

21 the Department of Human Rights to ensure that applicants are

22 employed and that employees are treated during employment,

23 without regard to unlawful discrimination. Such affirmative

24 action program shall include provisions relating to hiring,

25 upgrading, demotion, transfer, recruitment, recruitment

26 advertising, selection for training and rates of pay or other

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1 forms of compensation.

2 (Source: P.A. 95-906, eff. 8-26-08.)

3 (70 ILCS 3615/3A.18 new)

4 Sec. 3A.18. Employment contracts. Except as otherwise

5 provided in Section 3A.14, before the Suburban Bus Board may

6 enter into or amend any employment contract in excess of

7 $100,000, the Suburban Bus Board must submit that contract or

8 amendment to the Board for review for a period of 14 days.

9 After 14 days, the contract shall be considered reviewed. This

10 Section applies only to contracts entered into or amended on or

11 after the effective date of this amendatory Act of the 98th

12 General Assembly.

13 (70 ILCS 3615/3B.05) (from Ch. 111 2/3, par. 703B.05)

14 Sec. 3B.05. Appointment of officers and employees. The

15 Commuter Rail Board shall appoint an Executive Director who

16 shall be the chief executive officer of the Division,

17 appointed, retained or dismissed with the concurrence of 8 of

18 the directors of the Commuter Rail Board. The Executive

19 Director shall appoint, retain and employ officers, attorneys,

20 agents, engineers, employees and shall organize the staff,

21 shall allocate their functions and duties, fix compensation and

22 conditions of employment, and consistent with the policies of

23 and direction from the Commuter Rail Board take all actions

24 necessary to achieve its purposes, fulfill its

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1 responsibilities and carry out its powers, and shall have such

2 other powers and responsibilities as the Commuter Rail Board

3 shall determine. The Executive Director shall be an individual

4 of proven transportation and management skills and may not be a

5 member of the Commuter Rail Board. The Division may employ its

6 own professional management personnel to provide professional

7 and technical expertise concerning its purposes and powers and

8 to assist it in assessing the performance of transportation

9 agencies in the metropolitan region.

10 No employee, officer, or agent of the Commuter Rail Board

11 may receive a bonus that exceeds 10% of his or her annual

12 salary unless that bonus has been reviewed by the Regional

13 Transportation Authority Board for a period of 14 days. After

14 14 days, the contract shall be considered reviewed. This

15 Section does not apply to usual and customary salary

16 adjustments.

17 No unlawful discrimination, as defined and prohibited in

18 the Illinois Human Rights Act, shall be made in any term or

19 aspect of employment nor shall there be discrimination based

20 upon political reasons or factors. The Commuter Rail Board

21 shall establish regulations to insure that its discharges shall

22 not be arbitrary and that hiring and promotion are based on

23 merit.

24 The Division shall be subject to the "Illinois Human Rights

25 Act", as now or hereafter amended, and the remedies and

26 procedure established thereunder. The Commuter Rail Board

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1 shall file an affirmative action program for employment by it

2 with the Department of Human Rights to ensure that applicants

3 are employed and that employees are treated during employment,

4 without regard to unlawful discrimination. Such affirmative

5 action program shall include provisions relating to hiring,

6 upgrading, demotion, transfer, recruitment, recruitment

7 advertising, selection for training and rates of pay or other

8 forms of compensation.

9 (Source: P.A. 95-708, eff. 1-18-08.)

10 (70 ILCS 3615/3B.26 new)

11 Sec. 3B.26. Employment contracts. Except as otherwise

12 provided in Section 3B.13, before the Commuter Rail Board may

13 enter into or amend any employment contract in excess of

14 $100,000, the Commuter Rail Board must submit that contract or

15 amendment to the Board for review for a period of 14 days.

16 After 14 days, the contract shall be considered reviewed. This

17 Section applies only to contracts entered into or amended on or

18 after the effective date of this amendatory Act of the 98th

19 General Assembly.

20 Before the Board of the Regional Transportation Authority

21 may enter into or amend any employment contract in excess of

22 $100,000, the Board must submit that contract to the Chairman

23 and Minority Spokesman of the Mass Transit Committee, or its

24 successor committee, of the House of Representatives, and to

25 the Chairman and Minority Spokesman of the Transportation

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1 Committee, or its successor committee, of the Senate.

2 (70 ILCS 3615/4.01) (from Ch. 111 2/3, par. 704.01)

3 Sec. 4.01. Budget and Program.

4 (a) The Board shall control the finances of the Authority.

5 It shall by ordinance adopted by the affirmative vote of at

6 least 12 of its then Directors (i) appropriate money to perform

7 the Authority's purposes and provide for payment of debts and

8 expenses of the Authority, (ii) take action with respect to the

9 budget and two-year financial plan of each Service Board, as

10 provided in Section 4.11, and (iii) adopt an Annual Budget and

11 Two-Year Financial Plan for the Authority that includes the

12 annual budget and two-year financial plan of each Service Board

13 that has been approved by the Authority. The Annual Budget and

14 Two-Year Financial Plan shall contain a statement of the funds

15 estimated to be on hand for the Authority and each Service

16 Board at the beginning of the fiscal year, the funds estimated

17 to be received from all sources for such year, the estimated

18 expenses and obligations of the Authority and each Service

19 Board for all purposes, including expenses for contributions to

20 be made with respect to pension and other employee benefits,

21 and the funds estimated to be on hand at the end of such year.

22 The fiscal year of the Authority and each Service Board shall

23 begin on January 1st and end on the succeeding December 31st.

24 By July 1st of each year the Director of the Illinois

25 Governor's Office of Management and Budget (formerly Bureau of

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1 the Budget) shall submit to the Authority an estimate of

2 revenues for the next fiscal year of the Authority to be

3 collected from the taxes imposed by the Authority and the

4 amounts to be available in the Public Transportation Fund and

5 the Regional Transportation Authority Occupation and Use Tax

6 Replacement Fund and the amounts otherwise to be appropriated

7 by the State to the Authority for its purposes. The Authority

8 shall file a copy of its Annual Budget and Two-Year Financial

9 Plan with the General Assembly and the Governor after its

10 adoption. Before the proposed Annual Budget and Two-Year

11 Financial Plan is adopted, the Authority shall hold at least

12 one public hearing thereon in the metropolitan region, and

13 shall meet with the county board or its designee of each of the

14 several counties in the metropolitan region. After conducting

15 such hearings and holding such meetings and after making such

16 changes in the proposed Annual Budget and Two-Year Financial

17 Plan as the Board deems appropriate, the Board shall adopt its

18 annual appropriation and Annual Budget and Two-Year Financial

19 Plan ordinance. The ordinance may be adopted only upon the

20 affirmative votes of 12 of its then Directors. The ordinance

21 shall appropriate such sums of money as are deemed necessary to

22 defray all necessary expenses and obligations of the Authority,

23 specifying purposes and the objects or programs for which

24 appropriations are made and the amount appropriated for each

25 object or program. Additional appropriations, transfers

26 between items and other changes in such ordinance may be made

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1 from time to time by the Board upon the affirmative votes of 12

2 of its then Directors.

3 (b) The Annual Budget and Two-Year Financial Plan shall

4 show a balance between anticipated revenues from all sources

5 and anticipated expenses including funding of operating

6 deficits or the discharge of encumbrances incurred in prior

7 periods and payment of principal and interest when due, and

8 shall show cash balances sufficient to pay with reasonable

9 promptness all obligations and expenses as incurred.

10 The Annual Budget and Two-Year Financial Plan must show:

11 (i) that the level of fares and charges for mass

12 transportation provided by, or under grant or purchase of

13 service contracts of, the Service Boards is sufficient to

14 cause the aggregate of all projected fare revenues from

15 such fares and charges received in each fiscal year to

16 equal at least 50% of the aggregate costs of providing such

17 public transportation in such fiscal year. "Fare revenues"

18 include the proceeds of all fares and charges for services

19 provided, contributions received in connection with public

20 transportation from units of local government other than

21 the Authority, except for contributions received by the

22 Chicago Transit Authority from a real estate transfer tax

23 imposed under subsection (i) of Section 8-3-19 of the

24 Illinois Municipal Code, and from the State pursuant to

25 subsection (i) of Section 2705-305 of the Department of

26 Transportation Law (20 ILCS 2705/2705-305), and all other

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1 operating revenues properly included consistent with

2 generally accepted accounting principles but do not

3 include: the proceeds of any borrowings, and, beginning

4 with the 2007 fiscal year, all revenues and receipts,

5 including but not limited to fares and grants received from

6 the federal, State or any unit of local government or other

7 entity, derived from providing ADA paratransit service

8 pursuant to Section 2.30 of the Regional Transportation

9 Authority Act. "Costs" include all items properly included

10 as operating costs consistent with generally accepted

11 accounting principles, including administrative costs, but

12 do not include: depreciation; payment of principal and

13 interest on bonds, notes or other evidences of obligation

14 for borrowed money issued by the Authority; payments with

15 respect to public transportation facilities made pursuant

16 to subsection (b) of Section 2.20 of this Act; any payments

17 with respect to rate protection contracts, credit

18 enhancements or liquidity agreements made under Section

19 4.14; any other cost to which it is reasonably expected

20 that a cash expenditure will not be made; costs for

21 passenger security including grants, contracts, personnel,

22 equipment and administrative expenses, except in the case

23 of the Chicago Transit Authority, in which case the term

24 does not include costs spent annually by that entity for

25 protection against crime as required by Section 27a of the

26 Metropolitan Transit Authority Act; the payment by the

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1 Chicago Transit Authority of Debt Service, as defined in

2 Section 12c of the Metropolitan Transit Authority Act, on

3 bonds or notes issued pursuant to that Section; the payment

4 by the Commuter Rail Division of debt service on bonds

5 issued pursuant to Section 3B.09; expenses incurred by the

6 Suburban Bus Division for the cost of new public

7 transportation services funded from grants pursuant to

8 Section 2.01e of this amendatory Act of the 95th General

9 Assembly for a period of 2 years from the date of

10 initiation of each such service; costs as exempted by the

11 Board for projects pursuant to Section 2.09 of this Act;

12 or, beginning with the 2007 fiscal year, expenses related

13 to providing ADA paratransit service pursuant to Section

14 2.30 of the Regional Transportation Authority Act; and in

15 fiscal years 2008 through 2012 inclusive, costs in the

16 amount of $200,000,000 in fiscal year 2008, reducing by

17 $40,000,000 in each fiscal year thereafter until this

18 exemption is eliminated; and

19 (ii) that the level of fares charged for ADA

20 paratransit services is sufficient to cause the aggregate

21 of all projected revenues from such fares charged and

22 received in each fiscal year to equal at least 10% of the

23 aggregate costs of providing such ADA paratransit

24 services. For purposes of this Act, the percentages in this

25 subsection (b)(ii) shall be referred to as the "system

26 generated ADA paratransit services revenue recovery

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1 ratio". For purposes of the system generated ADA

2 paratransit services revenue recovery ratio, "costs" shall

3 include all items properly included as operating costs

4 consistent with generally accepted accounting principles.

5 However, the Board may exclude from costs an amount that

6 does not exceed the allowable "capital costs of

7 contracting" for ADA paratransit services pursuant to the

8 Federal Transit Administration guidelines for the

9 Urbanized Area Formula Program.

10 (c) The actual administrative expenses of the Authority for

11 the fiscal year commencing January 1, 1985 may not exceed

12 $5,000,000. The actual administrative expenses of the

13 Authority for the fiscal year commencing January 1, 1986, and

14 for each fiscal year thereafter shall not exceed the maximum

15 administrative expenses for the previous fiscal year plus 5%.

16 "Administrative expenses" are defined for purposes of this

17 Section as all expenses except: (1) capital expenses and

18 purchases of the Authority on behalf of the Service Boards; (2)

19 payments to Service Boards; and (3) payment of principal and

20 interest on bonds, notes or other evidence of obligation for

21 borrowed money issued by the Authority; (4) costs for passenger

22 security including grants, contracts, personnel, equipment and

23 administrative expenses; (5) payments with respect to public

24 transportation facilities made pursuant to subsection (b) of

25 Section 2.20 of this Act; and (6) any payments with respect to

26 rate protection contracts, credit enhancements or liquidity

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1 agreements made pursuant to Section 4.14.

2 (d) This subsection applies only until the Department

3 begins administering and enforcing an increased tax under

4 Section 4.03(m) as authorized by this amendatory Act of the

5 95th General Assembly. After withholding 15% of the proceeds of

6 any tax imposed by the Authority and 15% of money received by

7 the Authority from the Regional Transportation Authority

8 Occupation and Use Tax Replacement Fund, the Board shall

9 allocate the proceeds and money remaining to the Service Boards

10 as follows: (1) an amount equal to 85% of the proceeds of those

11 taxes collected within the City of Chicago and 85% of the money

12 received by the Authority on account of transfers to the

13 Regional Transportation Authority Occupation and Use Tax

14 Replacement Fund from the County and Mass Transit District Fund

15 attributable to retail sales within the City of Chicago shall

16 be allocated to the Chicago Transit Authority; (2) an amount

17 equal to 85% of the proceeds of those taxes collected within

18 Cook County outside the City of Chicago and 85% of the money

19 received by the Authority on account of transfers to the

20 Regional Transportation Authority Occupation and Use Tax

21 Replacement Fund from the County and Mass Transit District Fund

22 attributable to retail sales within Cook County outside of the

23 city of Chicago shall be allocated 30% to the Chicago Transit

24 Authority, 55% to the Commuter Rail Board and 15% to the

25 Suburban Bus Board; and (3) an amount equal to 85% of the

26 proceeds of the taxes collected within the Counties of DuPage,

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1 Kane, Lake, McHenry and Will shall be allocated 70% to the

2 Commuter Rail Board and 30% to the Suburban Bus Board.

3 (e) This subsection applies only until the Department

4 begins administering and enforcing an increased tax under

5 Section 4.03(m) as authorized by this amendatory Act of the

6 95th General Assembly. Moneys received by the Authority on

7 account of transfers to the Regional Transportation Authority

8 Occupation and Use Tax Replacement Fund from the State and

9 Local Sales Tax Reform Fund shall be allocated among the

10 Authority and the Service Boards as follows: 15% of such moneys

11 shall be retained by the Authority and the remaining 85% shall

12 be transferred to the Service Boards as soon as may be

13 practicable after the Authority receives payment. Moneys which

14 are distributable to the Service Boards pursuant to the

15 preceding sentence shall be allocated among the Service Boards

16 on the basis of each Service Board's distribution ratio. The

17 term "distribution ratio" means, for purposes of this

18 subsection (e) of this Section 4.01, the ratio of the total

19 amount distributed to a Service Board pursuant to subsection

20 (d) of Section 4.01 for the immediately preceding calendar year

21 to the total amount distributed to all of the Service Boards

22 pursuant to subsection (d) of Section 4.01 for the immediately

23 preceding calendar year.

24 (f) To carry out its duties and responsibilities under this

25 Act, the Board shall employ staff which shall: (1) propose for

26 adoption by the Board of the Authority rules for the Service

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1 Boards that establish (i) forms and schedules to be used and

2 information required to be provided with respect to a five-year

3 capital program, annual budgets, and two-year financial plans

4 and regular reporting of actual results against adopted budgets

5 and financial plans, (ii) financial practices to be followed in

6 the budgeting and expenditure of public funds, (iii)

7 assumptions and projections that must be followed in preparing

8 and submitting its annual budget and two-year financial plan or

9 a five-year capital program; (2) evaluate for the Board public

10 transportation programs operated or proposed by the Service

11 Boards and transportation agencies in terms of the goals and

12 objectives set out in the Strategic Plan; (3) keep the Board

13 and the public informed of the extent to which the Service

14 Boards and transportation agencies are meeting the goals and

15 objectives adopted by the Authority in the Strategic Plan; and

16 (4) assess the efficiency or adequacy of public transportation

17 services provided by a Service Board and make recommendations

18 for change in that service to the end that the moneys available

19 to the Authority may be expended in the most economical manner

20 possible with the least possible duplication.

21 (g) All Service Boards, transportation agencies,

22 comprehensive planning agencies, including the Chicago

23 Metropolitan Agency for Planning, or transportation planning

24 agencies in the metropolitan region shall furnish to the

25 Authority such information pertaining to public transportation

26 or relevant for plans therefor as it may from time to time

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1 require. The Executive Director, or his or her designee, shall,

2 for the purpose of securing any such information necessary or

3 appropriate to carry out any of the powers and responsibilities

4 of the Authority under this Act, have access to, and the right

5 to examine, all books, documents, papers or records of a

6 Service Board or any transportation agency receiving funds from

7 the Authority or Service Board, and such Service Board or

8 transportation agency shall comply with any request by the

9 Executive Director, or his or her designee, within 30 days or

10 an extended time provided by the Executive Director.

11 (h) No Service Board shall undertake any capital

12 improvement which is not identified in the Five-Year Capital

13 Program.

14 (i) Each Service Board shall furnish to the Board access to

15 its financial information including, but not limited to, audits

16 and reports. The Board shall have real-time access to the

17 financial information of the Service Boards; however, the Board

18 shall be granted read-only access to the Service Board's

19 financial information.

20 (Source: P.A. 94-370, eff. 7-29-05; 95-708, eff. 1-18-08;

21 95-906, eff. 8-26-08.)

22 (70 ILCS 3615/4.15 new)

23 Sec. 4.15. Revolving door prohibition. No Director,

24 Service Board director or member, former Director, or former

25 Service Board director or member shall, during his or her term

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1 and for a period of one year immediately after the end of his

2 or her term, engage in business dealings with, knowingly accept

3 employment from, or receive compensation or fees for services

4 from the Regional Transportation Authority, the Suburban Bus

5 Board, the Commuter Rail Board or the Chicago Transit Board.

6 This prohibition shall not apply to any business dealings

7 engaged in by the Director or Service Board director or member

8 in the course of his or her official duties or responsibilities

9 as a Director or Service Board director or member.

10 (70 ILCS 3615/4.16 new)

11 Sec. 4.16. Severance and employment-related settlement

12 agreements. If any of the Service Boards seek to enter into a

13 severance agreement in excess of $50,000 or an

14 employment-related settlement agreement in excess of $200,000,

15 that agreement shall be reviewed by the Board prior to

16 execution for a period of 14 days. After 14 days, the agreement

17 shall be considered reviewed. The Board shall review the

18 agreement to determine whether the terms are reasonable and in

19 the region's best interest. The Service Boards may only enter

20 into severance agreements or employment-related settlement

21 agreements that have been reviewed by the Board.

22 (70 ILCS 3615/5.06 new)

23 Sec. 5.06. Greater Chicago Mass Transit Transparency and

24 Accountability Portal (CHI-TAP).

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1 (a) The Authority, within 12 months after the effective

2 date of this amendatory Act of the 98th General Assembly, shall

3 establish and maintain a website, known as the Greater Chicago

4 Mass Transit Transparency and Accountability Portal (CHI-TAP),

5 and shall be tasked with compiling and updating the CHI-TAP

6 database with information received from the Authority and all

7 of its Service Boards.

8 (b) For purposes of this Section:

9 "Contracts" means payment obligations with vendors on

10 file to purchase goods and services exceeding $10,000 in

11 value.

12 "Recipients" means the Authority or any of its Service

13 Boards.

14 (c) The CHI-TAP shall provide direct access to each of the

15 following:

16 (1) A database of all current employees of the

17 Authority and its Service Boards, sorted separately by:

18 (i) Name.

19 (ii) Employing entity.

20 (iii) Employing division or department.

21 (iv) Employment position title.

22 (v) Current base salary or hourly rate and

23 year-to-date gross pay.

24 (2) A database of all current Authority expenditures,

25 sorted separately by Service Board and category.

26 (3) A database of all Authority and Service Board

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1 contracts entered into after the effective date of this

2 amendatory Act of the 98th General Assembly, sorted

3 separately by contractor name, awarding officer or agency,

4 contract value, and goods or services provided.

5 (4) A database of all employees of the Authority and

6 its Service Boards hired on or after the effective date of

7 this amendatory Act of the 98th General Assembly, sorted

8 searchably by each of the following at the time of

9 employment:

10 (i) Name.

11 (ii) Employing entity.

12 (iii) Employing division.

13 (iv) Employment position title.

14 (v) Current base salary or hourly rate and

15 year-to-date gross pay.

16 (vi) County of employment location.

17 (vii) Status of position including, but not

18 limited to, bargained-for positions, at-will

19 positions, or not bargained for positions.

20 (viii) Employment status including, but not

21 limited to, full-time permanent, full-time temporary,

22 part-time permanent and part-time temporary.

23 (ix) Status as a military veteran.

24 (5) A database of publicly available accident-related

25 and safety-related information currently required to be

26 reported to the federal Secretary of Transportation under

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1 49 U.S.C. 5335.

2 (d) The CHI-TAP shall include all information required to

3 be published by subsection (c) of this Section that is

4 available to the Authority in a format the Authority can

5 compile and publish on the CHI-TAP. The Authority shall update

6 the CHI-TAP within 30 days as additional information becomes

7 available in a format that can be compiled and published on the

8 CHI-TAP by the Authority.

9 (e) Each Service Board shall cooperate with the Authority

10 in furnishing the information necessary for the implementation

11 of this Section within a timeframe specified by the Authority.

12 (f) The Authority and its Service Boards are independently

13 responsible for the accuracy of the specific information

14 provided by each agency to be displayed on CHI-TAP.

15 Section 90. The State Mandates Act is amended by adding

16 Section 8.38 as follows:

17 (30 ILCS 805/8.38 new)

18 Sec. 8.38. Exempt mandate. Notwithstanding Sections 6 and 8

19 of this Act, no reimbursement by the State is required for the

20 implementation of any mandate created by this amendatory Act of

21 the 98th General Assembly.".