Rep. Al Riley
Filed: 5/13/2014
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| 1 | AMENDMENT TO SENATE BILL 3056
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| 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)
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| 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 | ||||||
| |||||||
| |||||||
| 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)
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| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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, | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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;
| ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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;
| ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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
| ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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
| ||||||
| |||||||
| |||||||
| 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, | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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
| ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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). | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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.".
| ||||||