(70 ILCS 3615/Art. V heading)
ARTICLE V.
PROCEDURES AND MISCELLANEOUS PROVISIONS.
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(70 ILCS 3615/5.01) (from Ch. 111 2/3, par. 705.01)
Sec. 5.01. Hearings and Citizen Participation.
(a) The Authority shall provide for and encourage participation by the
public in the development and review of public transportation policy, and
in the process by which major decisions significantly affecting the
provision of public transportation are made. The Authority shall coordinate such public participation processes with the Chicago Metropolitan Agency for Planning to the extent practicable.
(b) The Authority shall hold such public hearings as may be required by
this Act or as the Authority may deem appropriate to the performance of any
of its functions. The Authority shall coordinate such public hearings with the Chicago Metropolitan Agency for Planning to the extent practicable.
(c) Unless such items are specifically provided for either in the
Five-Year Capital Program or in the annual budget program which has been the
subject of public hearings as provided in Sections 2.01 or 4.01 of this
Act, the Board shall hold public hearings at which citizens may be heard
prior to:
(i) the construction or acquisition of any public
| | transportation facility, the aggregate cost of which exceeds $5 million; and
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(ii) the extension of, or major addition to services
| | provided by the Authority or by any transportation agency pursuant to a purchase of service agreement with the Authority.
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(d) Unless such items are specifically provided for in the annual budget
and program which has been the subject of public hearing, as provided in
Section 4.01 of this Act, the Board shall hold public hearings at which
citizens may be heard prior to the providing for or allowing, by means of
any purchase of service agreement or any grant pursuant to Section 2.02 of
this Act, or so providing for or allowing
any discontinuance of any public transportation route, or major portion
thereof, which has been in service for more than a year.
(e) At least twenty days prior notice of any public hearing, as required
in this Section, shall be given by public advertisement in a newspaper of
general circulation in the metropolitan region.
(e-5) With respect to any increase in fares or charges
for public transportation, whether by the Authority or by any
Service Board or transportation agency, a public hearing must be held in each county in which the fare increase takes effect. Notice of the public hearing shall be given at least 20 days prior to the hearing and at least 30 days prior to the effective date of any fare increase. Notice shall be given by public advertisement in a newspaper of
general circulation in the metropolitan region and must also be sent to the Governor and to each member of the General Assembly whose district overlaps in whole or in part with the area in which the increase takes effect. The notice must state the date, time, and place of the hearing and must contain a description of the proposed increase. The notice must also specify how interested persons may obtain copies of any reports, resolutions, or certificates describing the basis upon which the increase was calculated.
(f) The Authority may designate one or more Directors or may appoint one
or more hearing officers to preside over any hearing pursuant to this Act.
The Authority shall have the power in connection with any such hearing to
issue subpoenas to require the attendance of witnesses and the production
of documents, and the Authority may apply to any circuit court in the State
to require compliance with such subpoenas.
(g) The Authority may require any Service Board to hold one or more public hearings with respect to any item described in paragraphs (c), (d), and (e-5) of this Section 5.01, notwithstanding whether such item has been the subject of a public hearing under this Section 5.01 or Section 2.01 or 4.01 of this Act.
(Source: P.A. 95-708, eff. 1-18-08; 95-906, eff. 8-26-08.)
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(70 ILCS 3615/5.02) (from Ch. 111 2/3, par. 705.02)
Sec. 5.02.
Limitation on Home Rule Powers.
Insofar as this Act authorizes the Authority to take or authorize any
action notwithstanding or in lieu of any ordinance, rule, regulation or
power of any unit of local government; or provides that any unit of
local government restrictions are not effective with regard to the
Authority or provides that any power or action of any unit of local
government is subject to any power or action of the Authority, this Act
is an express limitation on the powers of home rule municipalities and
counties within the meaning of paragraph (g) of Section 6 of Article VII
of the Illinois Constitution. No such action by the Authority shall be
such a limit unless taken pursuant to an ordinance which is passed by at
least seven members of the Board and which specifically states that it is
a limit on the home rule unit; and provided further that this Act is not
a limit on the power of home rule units to license, tax, franchise or
regulate taxicabs except for services provided pursuant to purchase of
service agreements. Except as provided in this Section, this Act is not
a limit on any home rule unit.
(Source: P.A. 81-2nd S.S.-3.)
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(70 ILCS 3615/5.03) (from Ch. 111 2/3, par. 705.03)
Sec. 5.03.
Limitation on Actions.
The Authority shall not be liable in any civil action for any injury to
any person or property for any acts or omissions of any transportation
agency or unit of local government, as a result of the Authority making
grants to or having a purchase of service agreement with such agency or
unit of local government. Nothing in this Act, however, limits the power of
the Authority in its purchase of service agreements to pay the cost of any
such injuries.
No civil action shall be commenced in any court against the Authority by
any person on account of any wrongful death or for any injury to any person
unless it is commenced within one year from the date that the
cause of
action accrued; provided, however, that the foregoing shall not limit a
transportation agency in bringing a civil action to enforce its rights
under a purchase of service agreement with the Authority. This amendatory
Act of 1995 applies only to causes of action accruing on or after January 1,
1996.
(Source: P.A. 89-109, eff. 1-1-96.)
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(70 ILCS 3615/5.04) (from Ch. 111 2/3, par. 705.04)
Sec. 5.04.
Severability.
If any Section, sentence, clause or provision of this Act or any
application thereof to any person or circumstance is for any reason held
invalid or unconstitutional, such invalidity or unconstitutionality shall
not affect the validity or constitutionality of the other provisions or
applications of this Act which can be given effect without the invalid or
unconstitutional application or provision, and to this end the provisions
of this Act are declared to be severable.
(Source: P.A. 78-3rd S.S.-5.)
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(70 ILCS 3615/5.05) (from Ch. 111 2/3, par. 705.05)
Sec. 5.05.
Opt Out.
(a) Notwithstanding any other provision of this
Act, if the County Board of the County of DuPage, Kane, Lake, McHenry or
Will by ordinance authorizes that such county shall elect to terminate the
powers of the Authority and the Suburban Bus Division in that County, the
Secretary of such County Board shall certify that proposition to the proper
election officials, who shall submit such proposition at an election in
accordance with the general election law to decide whether or not the County
shall opt out; and if a majority of the voters voting upon the proposition
is in favor of terminating the powers of the Authority and the Suburban
Bus Division those powers shall be terminated.
The form of the ballot to be used at the referendum shall be substantially
as follows:
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Shall ..... County Terminate the
Powers of the Regional Transportation YES
Authority and the Suburban Bus ----------------------
Division in .... County NO
on ..... (date)
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If a majority of the voters vote in favor of terminating the powers of
the Authority and the Suburban Bus Division then all of the powers of the
Authority and the Suburban Bus Division shall terminate in such county
except those powers and functions which the Authority determines to be
necessary to exercise with regard to:
(i) public transportation by commuter rail, and
| | related public transportation facilities;
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(ii) public transportation other than by commuter
| | rail which is required in order to comply with federal or State laws and regulations, and related public transportation facilities; and
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(iii) public transportation other than by commuter
| | rail provided by the Suburban Bus Division pursuant to contract with the County or other governmental entity therein, and related public transportation facilities.
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(b) The termination of the powers of the Authority and the Suburban Bus
Division referred to in paragraph
(a) of this Section with respect to any County shall occur on approval of
the referendum by the electors provided on or prior to the date of such
termination, such County shall have:
(i) assumed the obligations of the Authority under
| | all laws, federal or State, and all contracts with respect to public transportation or public transportation facilities in such County, which statutory or contractual obligations extend beyond the termination date provided for in accordance with paragraph (c) of this Section provided that such obligations shall not be deemed to include any indebtedness of the Authority for borrowed money;
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(ii) agreed to indemnify and hold harmless the
| | Authority against any and all claims, actions and liabilities arising out of or in connection with the termination of the Authority's powers and functions pursuant to paragraph (a) of this Section; and
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(iii) taken or caused to be taken all necessary
| | actions and fulfilled or caused to be fulfilled all requirements under federal and State laws, rules and regulations with respect to such termination and any related transfers of assets or liabilities of the Authority. A County may, by mutual agreement with the Authority, permit the Authority to fulfill one or more contracts which by their terms extend beyond the termination date provided for in accordance with paragraph (c) of this Section, in which case the powers and functions of the Authority in that County shall survive only to the extent deemed necessary by the Authority to fulfill said contract or contracts. The satisfaction of the requirements provided for in this paragraph shall be evidenced in such manner as the Authority may require.
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(c) Following an election to terminate the powers of the Authority and
the Suburban Bus Division at a referendum held under paragraph (a) of this
Section the County Board shall notify the Authority of the results of the
referendum which notice shall specify a termination date, which is the last
day of the calendar month, but no earlier than December 31, 1984. Unless
the termination date is extended by mutual agreement between the County
and the Authority, the termination of the powers and functions of the Authority
in the County shall occur at midnight on the termination date, provided
that the requirements of this Section have been met.
(d) The proceeds of taxes imposed by the Authority under Sections 4.03
and 4.03.1 collected after the termination date within a County wherein
the powers of the Authority and the Suburban Bus Division have been
terminated under this Section shall
be provided by the Authority
to the Commuter Rail Board to support services under the jurisdiction of
the Commuter Rail Board which are attributable to that County, as determined
by the Commuter Rail Board. Any proceeds which are in excess of that necessary
to support such services shall be paid by the Authority to that County to
be expended for general transportation purposes in accordance with law.
If no services under the jurisdiction of the Commuter Rail Board are provided
in a County wherein the powers of the Authority have been terminated under
this Section, all proceeds of taxes imposed by the Authority in the County
shall be paid by the Authority to the County to be expended for general
transportation purposes in accordance with law. The Authority or the Suburban
Bus Division has no obligation to see that the funds expended under this
paragraph by the County are spent for general transportation purposes in
accordance with law.
(Source: P.A. 83-885; 83-886.)
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(70 ILCS 3615/5.06)
Sec. 5.06. Greater Chicago Mass Transit Transparency and Accountability Portal (CHI-TAP).
(a) The Authority, within 12 months after the effective date of this amendatory Act of the 98th General Assembly, shall establish and maintain a website, known as the Greater Chicago Mass Transit Transparency and Accountability Portal (CHI-TAP), and shall be tasked with compiling and updating the CHI-TAP database with information received from the Authority and all of its Service Boards.
(b) For purposes of this Section:
"Contracts" means payment obligations with vendors on
| | file to purchase goods and services exceeding $10,000 in value.
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| "Recipients" means the Authority or any of its
| | (c) The CHI-TAP shall provide direct access to each of the following:
(1) A database of all current employees of the
| | Authority and its Service Boards, sorted separately by:
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| (i) Name.
(ii) Employing entity.
(iii) Employing division or department.
(iv) Employment position title.
(v) Current base salary or hourly rate and
| | (2) A database of all current Authority expenditures,
| | sorted separately by Service Board and category.
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| (3) A database of all Authority and Service Board
| | contracts entered into after the effective date of this amendatory Act of the 98th General Assembly, sorted separately by contractor name, awarding officer or agency, contract value, and goods or services provided.
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| (4) A database of all employees of the Authority and
| | its Service Boards hired on or after the effective date of this amendatory Act of the 98th General Assembly, sorted searchably by each of the following at the time of employment:
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| (i) Name.
(ii) Employing entity.
(iii) Employing division.
(iv) Employment position title.
(v) Current base salary or hourly rate and
| | (vi) County of employment location.
(vii) Status of position including, but not
| | limited to, bargained-for positions, at-will positions, or not bargained for positions.
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| (viii) Employment status including, but not
| | limited to, full-time permanent, full-time temporary, part-time permanent and part-time temporary.
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| (ix) Status as a military veteran.
(5) A database of publicly available accident-related
| | and safety-related information currently required to be reported to the federal Secretary of Transportation under 49 U.S.C. 5335.
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| (d) The CHI-TAP shall include all information required to be published by subsection (c) of this Section that is available to the Authority in a format the Authority can compile and publish on the CHI-TAP. The Authority shall update the CHI-TAP within 30 days as additional information becomes available in a format that can be compiled and published on the CHI-TAP by the Authority.
(e) Each Service Board shall cooperate with the Authority in furnishing the information necessary for the implementation of this Section within a timeframe specified by the Authority.
(f) The Authority and its Service Boards are independently responsible for the accuracy of the specific information provided by each agency to be displayed on CHI-TAP.
(Source: P.A. 98-1027, eff. 1-1-15.)
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