Bill Text: IL SB0170 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Metropolitan Transit Authority Act. Provides that the powers of the Chicago Transit Board include the power to pass ordinances or adopt rules and regulations concerning the suspension of riding privileges or confiscation of fare media. Amends the Local Mass Transit District Act and the Regional Transportation Authority Act. Provides that a local mass transit district's board and the Suburban Bus Board may adopt all ordinances and make all rules proper or necessary to regulate the use, operation, and maintenance of its property and facilities, and to carry into effect the powers granted to each board with any necessary fines or penalties, including ordinances, rules, or regulations concerning the suspension of riding privileges or confiscation of fare media, as each board deems proper. Includes similar provisions for the Chief of Police of the Metra Police Department.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-01-31 - Referred to Assignments [SB0170 Detail]

Download: Illinois-2023-SB0170-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0170 Introduced 1/31/2023, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED:
70 ILCS 3605/31 from Ch. 111 2/3, par. 331
70 ILCS 3610/5 from Ch. 111 2/3, par. 355
70 ILCS 3615/3A.09 from Ch. 111 2/3, par. 703A.09
70 ILCS 3615/3B.09c new
Amends the Metropolitan Transit Authority Act. Provides that the powers of the Chicago Transit Board include the power to pass ordinances or adopt rules and regulations concerning the suspension of riding privileges or confiscation of fare media. Amends the Local Mass Transit District Act and the Regional Transportation Authority Act. Provides that a local mass transit district's board and the Suburban Bus Board may adopt all ordinances and make all rules proper or necessary to regulate the use, operation, and maintenance of its property and facilities, and to carry into effect the powers granted to each board with any necessary fines or penalties, including ordinances, rules, or regulations concerning the suspension of riding privileges or confiscation of fare media, as each board deems proper. Includes similar provisions for the Chief of Police of the Metra Police Department.
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A BILL FOR
SB0170 LRB103 24931 AWJ 51265 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Metropolitan Transit Authority Act is
amended by changing Section 31 as follows:
(70 ILCS 3605/31) (from Ch. 111 2/3, par. 331)
Sec. 31. The Board shall have power to pass all ordinances
and make all rules and regulations proper or necessary to
regulate the use, operation and maintenance of its property
and facilities, and to carry into effect the powers granted to
the Authority, with such fines or penalties, including
ordinances, rules, and regulations concerning the suspension
of riding privileges or confiscation of fare media, as may be
deemed proper. No fine or penalty shall exceed $300.00, and no
imprisonment shall exceed six (6) months for one offense. All
fines and penalties shall be imposed by ordinances, which
shall be published in a newspaper of general circulation
published in the metropolitan area. No such ordinance shall
take effect until ten days after its publication.
(Source: P.A. 80-937.)
Section 10. The Local Mass Transit District Act is amended
by changing Section 5 as follows:

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(70 ILCS 3610/5) (from Ch. 111 2/3, par. 355)
Sec. 5. (a) The Board of Trustees of every District may
establish or acquire any or all manner of mass transit
facility. The Board may engage in the business of
transportation of passengers on scheduled routes and by
contract on nonscheduled routes within the territorial limits
of the counties or municipalities creating the District, by
whatever means it may decide. Its routes may be extended
beyond such territorial limits with the consent of the
governing bodies of the municipalities or counties into which
such operation is extended.
(b) The Board of Trustees of every District may for the
purposes of the District, acquire by gift, purchase, lease,
legacy, condemnation, or otherwise and hold, use, improve,
maintain, operate, own, manage or lease, as lessor or lessee,
such cars, buses, equipment, buildings, structures, real and
personal property, and interests therein, and services, lands
for terminal and other related facilities, improvements and
services, or any interest therein, including all or any part
of the plant, land, buildings, equipment, vehicles, licenses,
franchises, patents, property, service contracts and
agreements of every kind and nature. Real property may be so
acquired if it is situated within or partially within the area
served by the District or if it is outside the area if it is
desirable or necessary for the purposes of the District.

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(c) The Board of Trustees of every District which
establishes, provides, or acquires mass transit facilities or
services may contract with any person or corporation or public
or private entity for the operation or provision thereof upon
such terms and conditions as the District shall determine.
(d) The Board of Trustees of every District shall have the
authority to contract for any and all purposes of the
District, including with an interstate transportation
authority, or with another local Mass Transit District or any
other municipal, public, or private corporation entity in the
transportation business including the authority to contract to
lease its or otherwise provide land, buildings, and equipment,
and other related facilities, improvements, and services, for
the carriage of passengers beyond the territorial limits of
the District or to subsidize transit operations by a public or
private or municipal corporation operating entity providing
mass transit facilities.
(e) The Board of Trustees of every District shall have the
authority to establish, alter and discontinue transportation
routes and services and any or all ancillary or supporting
facilities and services, and to establish and amend rate
schedules for the transportation of persons thereon or for the
public or private use thereof which rate schedules shall,
together with any grants, receipts or income from other
sources, be sufficient to pay the expenses of the District,
the repair, maintenance and the safe and adequate operation of

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its mass transit facilities and public mass transportation
system and to fulfill the terms of its debts, undertakings,
and obligations.
(f) The Board of Trustees of every District shall have
perpetual succession and shall have the following powers in
addition to any others in this Act granted:
(1) to sue and be sued;
(2) to adopt and use a seal;
(3) to make and execute contracts loans, leases,
subleases, installment purchase agreements, contracts,
notes and other instruments evidencing financial
obligations, and other instruments necessary or convenient
in the exercise of its powers;
(4) to make, amend and repeal bylaws, rules and
regulations not inconsistent with this Act, including
rules and regulations proper or necessary to regulate the
use, operation, and maintenance of its properties and
facilities and to carry into effect the powers granted to
the Board of Trustees, with any necessary fines or
penalties, such as the suspension of riding privileges or
confiscation of fare media, as the Board deems proper;
(5) to sell, lease, sublease, license, transfer,
convey or otherwise dispose of any of its real or personal
property, or interests therein, in whole or in part, at
any time upon such terms and conditions as it may
determine, with public bidding if the value exceeds $1,000

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at negotiated, competitive, public, or private sale;
(6) to invest funds, not required for immediate
disbursement, in property, agreements, or securities legal
for investment of public funds controlled by savings banks
under applicable law;
(7) to mortgage, pledge, hypothecate or otherwise
encumber all or any part of its real or personal property
or other assets, or interests therein;
(8) to apply for, accept and use grants, loans or
other financial assistance from any private entity or
municipal, county, State or Federal governmental agency or
other public entity;
(9) to borrow money from the United States Government
or any agency thereof, or from any other public or private
source, for the purposes of the District and, as evidence
thereof, to issue its revenue bonds, payable solely from
the revenue derived from the operation of the District.
These bonds may be issued with maturities not exceeding 40
years from the date of the bonds, and in such amounts as
may be necessary to provide sufficient funds, together
with interest, for the purposes of the District. These
bonds shall bear interest at a rate of not more than the
maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract of sale,
payable semi-annually, may be made registerable as to
principal, and may be made payable and callable as

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provided on any interest payment date at a price of par and
accrued interest under such terms and conditions as may be
fixed by the ordinance authorizing the issuance of the
bonds. Bonds issued under this Section are negotiable
instruments. They shall be executed by the chairman and
members of the Board of Trustees, attested by the
secretary, and shall be sealed with the corporate seal of
the District. In case any Trustee or officer whose
signature appears on the bonds or coupons ceases to hold
that office before the bonds are delivered, such officer's
signature, shall nevertheless be valid and sufficient for
all purposes, the same as though such officer had remained
in office until the bonds were delivered. The bonds shall
be sold in such manner and upon such terms as the Board of
Trustees shall determine, except that the selling price
shall be such that the interest cost to the District of the
proceeds of the bonds shall not exceed the maximum rate
authorized by the Bond Authorization Act, as amended at
the time of the making of the contract of sale, payable
semi-annually, computed to maturity according to the
standard table of bond values.
The ordinance shall fix the amount of revenue bonds
proposed to be issued, the maturity or maturities, the
interest rate, which shall not exceed the maximum rate
authorized by the Bond Authorization Act, as amended at
the time of the making of the contract of sale, and all the

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details in connection with the bonds. The ordinance may
contain such covenants and restrictions upon the issuance
of additional revenue bonds thereafter, which will share
equally in the revenue of the District, as may be deemed
necessary or advisable for the assurance of the payment of
the bonds first issued. Any District may also provide in
the ordinance authorizing the issuance of bonds under this
Section that the bonds, or such ones thereof as may be
specified, shall, to the extent and in the manner
prescribed, be subordinated and be junior in standing,
with respect to the payment of principal and interest and
the security thereof, to such other bonds as are
designated in the ordinance.
The ordinance shall pledge the revenue derived from
the operations of the District for the purpose of paying
the cost of operation and maintenance of the District,
and, as applicable, providing adequate depreciation funds,
and paying the principal of and interest on the bonds of
the District issued under this Section;
(10) subject to Section 5.1, to levy a tax on property
within the District at the rate of not to exceed .25% on
the assessed value of such property in the manner provided
in the Illinois Municipal Budget Law;
(11) to issue tax anticipation warrants;
(12) to contract with any school district in this
State to provide for the transportation of pupils to and

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from school within such district pursuant to the
provisions of Section 29-15 of the School Code;
(13) to provide for the insurance of any property,
directors, officers, employees or operations of the
District against any risk or hazard, and to self-insure or
participate in joint self-insurance pools or entities to
insure against such risk or hazard;
(14) to use its established funds, personnel, and
other resources to acquire, construct, operate, and
maintain bikeways and trails. Districts may cooperate with
other governmental and private agencies in bikeway and
trail programs; and
(15) to acquire, own, maintain, construct,
reconstruct, improve, repair, operate or lease any
light-rail public transportation system, terminal,
terminal facility, public airport, or bridge or toll
bridge across waters with any city, state, or both.
With respect to instruments for the payment of money
issued under this Section either before, on, or after June 6,
1989 (the effective date of Public Act 86-4), it is and always
has been the intention of the General Assembly (i) that the
Omnibus Bond Acts are and always have been supplementary
grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act
that may appear to be or to have been more restrictive than
those Acts, (ii) that the provisions of this Section are not a

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limitation on the supplementary authority granted by the
Omnibus Bond Acts, and (iii) that instruments issued under
this Section within the supplementary authority granted by the
Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive
than those Acts.
This Section shall be liberally construed to give effect
to its purposes.
(Source: P.A. 99-642, eff. 7-28-16.)
Section 15. The Regional Transportation Authority Act is
amended by changing Section 3A.09 and by adding Section 3B.09c
as follows:
(70 ILCS 3615/3A.09) (from Ch. 111 2/3, par. 703A.09)
Sec. 3A.09. General powers. In addition to any powers
elsewhere provided to the Suburban Bus Board, it shall have
all of the powers specified in Section 2.20 of this Act except
for the powers specified in Section 2.20(a)(v). The Board
shall also have the power:
(a) to cooperate with the Regional Transportation
Authority in the exercise by the Regional Transportation
Authority of all the powers granted it by such Act;
(b) to receive funds from the Regional Transportation
Authority pursuant to Sections 2.02, 4.01, 4.02, 4.09 and
4.10 of the Regional Transportation Authority Act, all as

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provided in the Regional Transportation Authority Act;
(c) to receive financial grants from the Regional
Transportation Authority or a Service Board, as defined in
the Regional Transportation Authority Act, upon such terms
and conditions as shall be set forth in a grant contract
between either the Division and the Regional
Transportation Authority or the Division and another
Service Board, which contract or agreement may be for such
number of years or duration as the parties agree, all as
provided in the Regional Transportation Authority Act;
(d) to perform all functions necessary for the
provision of paratransit services under Section 2.30 of
this Act; and
(e) to borrow money for the purposes of: (i)
constructing a new garage in the northwestern Cook County
suburbs, (ii) converting the South Cook garage in Markham
to a Compressed Natural Gas facility, (iii) constructing a
new paratransit garage in DuPage County, (iv) expanding
the North Shore garage in Evanston to accommodate
additional indoor bus parking, and (v) purchasing new
transit buses. For the purpose of evidencing the
obligation of the Suburban Bus Board to repay any money
borrowed as provided in this subsection, the Suburban Bus
Board may issue revenue bonds from time to time pursuant
to ordinance adopted by the Suburban Bus Board, subject to
the approval of the Regional Transportation Authority of

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each such issuance by the affirmative vote of 12 of its
then Directors; provided that the Suburban Bus Board may
not issue bonds for the purpose of financing the
acquisition, construction, or improvement of any facility
other than those listed in this subsection (e). All such
bonds shall be payable solely from the revenues or income
or any other funds that the Suburban Bus Board may
receive, provided that the Suburban Bus Board may not
pledge as security for such bonds the moneys, if any, that
the Suburban Bus Board receives from the Regional
Transportation Authority pursuant to Section 4.03.3(f) of
the Regional Transportation Authority Act. The bonds shall
bear interest at a rate not to exceed the maximum rate
authorized by the Bond Authorization Act and shall mature
at such time or times not exceeding 25 years from their
respective dates. Bonds issued pursuant to this paragraph
must be issued with scheduled principal or mandatory
redemption payments in equal amounts in each fiscal year
over the term of the bonds, with the first principal or
mandatory redemption payment scheduled within the fiscal
year in which bonds are issued or within the next
succeeding fiscal year. At least 25%, based on total
principal amount, of all bonds authorized pursuant to this
Section shall be sold pursuant to notice of sale and
public bid. No more than 75%, based on total principal
amount, of all bonds authorized pursuant to this Section

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shall be sold by negotiated sale. The maximum principal
amount of the bonds that may be issued may not exceed
$100,000,000. The bonds shall have all the qualities of
negotiable instruments under the laws of this State. To
secure the payment of any or all of such bonds and for the
purpose of setting forth the covenants and undertakings of
the Suburban Bus Board in connection with the issuance
thereof and the issuance of any additional bonds payable
from such revenue or income as well as the use and
application of the revenue or income received by the
Suburban Bus Board, the Suburban Bus Board may execute and
deliver a trust agreement or agreements; provided that no
lien upon any physical property of the Suburban Bus Board
shall be created thereby. A remedy for any breach or
default of the terms of any such trust agreement by the
Suburban Bus Board may be by mandamus proceedings in any
court of competent jurisdiction to compel performance and
compliance therewith, but the trust agreement may
prescribe by whom or on whose behalf such action may be
instituted. Under no circumstances shall any bonds issued
by the Suburban Bus Board or any other obligation of the
Suburban Bus Board in connection with the issuance of such
bonds be or become an indebtedness or obligation of the
State of Illinois, the Regional Transportation Authority,
or any other political subdivision of or municipality
within the State, nor shall any such bonds or obligations

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be or become an indebtedness of the Suburban Bus Board
within the purview of any constitutional limitation or
provision, and it shall be plainly stated on the face of
each bond that it does not constitute such an indebtedness
or obligation but is payable solely from the revenues or
income as aforesaid; and .
(f) to adopt ordinances and make all rules and
regulations proper or necessary to regulate the use,
operation, and maintenance of its property and facilities
and to carry into effect the powers granted to the
Suburban Bus Board, with any necessary fines or penalties,
such as the suspension of riding privileges or
confiscation of fare media, as the Board deems proper.
(Source: P.A. 99-665, eff. 7-29-16.)
(70 ILCS 3615/3B.09c new)
Sec. 3B.09c. Regulation of the use, operation, and
maintenance of property. The Chief of Police of the Metra
Police Department may make rules and regulations proper or
necessary to regulate the use, operation, and maintenance of
the property and facilities of the Commuter Rail Board and to
carry into effect the powers granted to the Chief by the
Commuter Rail Board, with any necessary fines or penalties,
such as the suspension of riding privileges or confiscation of
fare media, that the Chief deems proper.