(70 ILCS 3615/3B.01)(from Ch. 111 2/3, par. 703B.01) Sec. 3B.01. Commuter Rail Division. There is established within the Authority the
Commuter Rail Division as the operating division responsible for providing
public transportation by commuter rail.
Purchase of service agreements between a transportation agency and the
Authority in effect on the effective date of this amendatory Act shall
remain in full force and effect in accordance with the terms of such
agreement. Such agreements shall first be the responsibility of the
Transition Board and, on the date of its creation, shall become the
responsibility of the Commuter Rail Division and its Board. (Source: P.A. 83‑885; 83‑886.)
(70 ILCS 3615/3B.02)(from Ch. 111 2/3, par. 703B.02) Sec. 3B.02. Commuter Rail Board. The governing body of the Commuter
Rail Division shall be a board consisting of 7 directors appointed pursuant
to Sections 3B.03 and 3B.04, as follows: (a) One director shall be appointed by the Chairman of the Board of DuPage
County with the advice and consent of the County Board of DuPage County
and shall reside in DuPage County; (b) Two directors appointed by the Chairmen of the County Boards of Kane,
Lake, McHenry and Will Counties with the concurrence of not less than a
majority of the chairmen from such counties, from nominees by the Chairmen.
Each such chairman may nominate not more than two persons for each position.
Each such director shall reside in a county in the metropolitan region other
than Cook or DuPage County. (c) Three directors appointed by the members of the Cook County Board elected
from that part of Cook County outside of Chicago, or, in the event such Board
of Commissioners becomes elected from single member districts, by those
Commissioners elected from districts, a majority of the residents of which
reside outside Chicago. In either case, such appointment shall be with
the concurrence of four such Commissioners. Each such director shall reside
in that part of Cook County outside Chicago. (d) One director appointed by the Mayor of the City of Chicago, with the
advice and consent of the City Council of the City of Chicago. Such director
shall reside in the City of Chicago. The chairman shall be appointed by the directors, from the members of
the board, with the concurrence of 5 of such directors. No director, while serving as such, shall be an officer, a member of the
board of directors or trustee or an employee of any transportation agency,
or be an employee of the State of Illinois or any department or agency thereof,
or of any unit of local government or receive any compensation from any
elected or appointed office under the Constitution and laws of Illinois. Each appointment made under paragraphs (a) through (d) and under Section
3B.03 shall be certified by the appointing authority to the Commuter Rail Board
which shall maintain the certifications as part of the official records
of the Commuter Rail Board; provided that the initial appointments shall
be certified to the Secretary of State, who shall transmit the certifications
to the Commuter Rail Board following its organization. Appointments to the Commuter Rail Board shall be apportioned so as to represent
the City of Chicago, that part of Cook County outside of the City of Chicago,
and DuPage County and that part of the metropolitan region other than Cook
and DuPage Counties based on morning boardings of the services provided
by the Commuter Rail Division as certified to the
Board of the Authority by the Commuter Rail Board, provided however that
the Mayor of the City of Chicago shall appoint no fewer than 1 member of
the Commuter Rail Board. Within two years after each federal decennial
census, the Board of the Authority shall review the composition of the Commuter
Rail Board and, if change is needed to comply with this requirement, shall
provide for the necessary reapportionment by July 1 of the second year after
such census. Insofar as may be practicable, the changes in board membership
necessary to achieve this purpose shall take effect as appropriate members
terms expire, no member's term being reduced by reason of such revision
of the composition of the Commuter Rail Board. (Source: P.A. 83‑886.)
(70 ILCS 3615/3B.03)(from Ch. 111 2/3, par. 703B.03) Sec. 3B.03. Terms, Vacancies. The initial term of the director appointed
pursuant to subdivision (a) of Section 3B.02 and the initial
term of one of the directors appointed pursuant to subdivision (b) of
Section 3B.02 shall expire on June 30, 1985;
the initial term of one of the directors appointed pursuant to
subdivision (b) of Section 3B.02 and the initial term of one of the
directors appointed pursuant to subdivision (c) of Section
3B.02 shall expire on June 30, 1986; the initial terms of two of the
directors appointed pursuant to subdivision (c) of Section 3B.02
shall expire on June 30, 1987; the initial term of the director appointed
pursuant to subdivision (d) of Section 3B.02
shall expire on June 30, 1988. Thereafter, each director shall be appointed
for a term of 4 years, and until his successor has been appointed and
qualified. A vacancy shall occur upon the resignation, death, conviction
of a felony, or removal from office of a director. Any director may be
removed from office upon the concurrence of not less than 6 directors, on
a formal finding of incompetence, neglect of duty, or malfeasance in office.
Within 30 days after the office of any director becomes vacant for any reason,
the appropriate appointing authorities of such director, as provided
in Section 3B.02, shall make an appointment to
fill the vacancy. A vacancy shall be filled for the unexpired term. (Source: P.A. 84‑939.)
(70 ILCS 3615/3B.04)(from Ch. 111 2/3, par. 703B.04) Sec. 3B.04. Chairman and Other Officers. The Chairman shall preside at
meetings of the Commuter Rail Board and shall be entitled to vote on all
matters. The Commuter Rail Board shall select a Secretary and a Treasurer
and may select persons to fill such other offices of the Division and to
perform such duties as it shall from time to time determine. The Secretary,
Treasurer and other officers of the Division may but need not be members
of the Commuter Rail Board. (Source: P.A. 83‑886.)
(70 ILCS 3615/3B.05)(from Ch. 111 2/3, par. 703B.05) Sec. 3B.05. Appointment of officers and employees. The Commuter Rail
Board shall appoint an Executive Director who shall
be the chief executive officer of the Division, appointed, retained or dismissed
with the concurrence of 6 of the directors of the Commuter Rail Board.
The Executive Director shall appoint, retain and employ officers, attorneys,
agents, engineers, employees and shall organize the staff, shall allocate
their functions and duties, fix compensation and conditions of employment,
and consistent with the policies
of and direction from the Commuter Rail Board take all actions necessary
to achieve its purposes, fulfill its responsibilities and carry out its
powers, and shall have
such other powers and responsibilities as the Commuter Rail Board shall
determine. The Executive Director shall be an individual of proven transportation
and management skills and may not be a member of the Commuter Rail Board.
The Division may employ its own professional management personnel to provide
professional and technical expertise concerning its purposes and powers
and to assist it in assessing the performance of transportation agencies
in the metropolitan region. No unlawful discrimination, as defined and prohibited in the Illinois Human
Rights Act, shall be made in any term or aspect of employment nor shall
there be discrimination based upon political reasons or factors. The Commuter
Rail Board shall establish regulations to insure that its discharges shall
not be arbitrary and that hiring and promotion are based on merit. The Division shall be subject to the "Illinois Human Rights Act", as now
or hereafter amended, and the remedies and procedure established thereunder.
The Commuter Rail Board shall file an affirmative action program for employment
by it with the Department of Human Rights to ensure that applicants are
employed and that employees are treated during employment, without regard
to unlawful discrimination. Such affirmative action program shall include
provisions relating to hiring, upgrading, demotion, transfer, recruitment,
recruitment advertising, selection for training and rates of pay or other
forms of compensation. (Source: P.A. 83‑885; 83‑886.)
(70 ILCS 3615/3B.06)(from Ch. 111 2/3, par. 703B.06) Sec. 3B.06. Compensation. The Chairman of the Commuter Rail Board
shall receive an annual salary of $25,000. Other members of the Commuter
Rail Board shall receive an annual salary of $15,000. Each member shall be
reimbursed for actual expenses incurred in the performance of his duties. Officers of the Division shall not be required to comply with the
requirements of "An Act requiring certain custodians of public monies to
file and publish statements of the receipts and disbursements thereof",
approved June 24, 1919, as now or hereafter amended. (Source: P.A. 83‑1156.)
(70 ILCS 3615/3B.07)(from Ch. 111 2/3, par. 703B.07) Sec. 3B.07. Meetings. The Commuter Rail Board shall prescribe the times
and places for meetings and the manner in which special meetings may be
called. The Commuter Rail Board shall comply in all respects with the "Open
Meetings Act", as now or hereafter amended. All records, documents and
papers of the Commuter Rail Division, other than those relating to matters
concerning which closed sessions of the Commuter Rail Board may be held,
shall be available for public examination, subject to such reasonable regulations
as the board may adopt. A majority of the members shall constitute a quorum for the conduct of
business. The affirmative votes of at least 4 members shall be necessary
for any action required by this Act to be taken by ordinance. (Source: P.A. 83‑886.)
(70 ILCS 3615/3B.08)(from Ch. 111 2/3, par. 703B.08) Sec. 3B.08. Jurisdiction. Any public transportation within the metropolitan
region outside of the City of Chicago by commuter rail and within the City
of Chicago, public transportation by commuter rail along the line or route
provided on the effective date of this
amendatory Act of 1983 by the Burlington Northern Inc., the Chicago, Milwaukee,
St. Paul, and Pacific Railroad Company, the Illinois Central Gulf Railroad
Company, the Norfolk & Western Railway, the Chicago, Rock Island & Pacific
Railroad Company, the Chicago and North Western Railroad Company, the Chicago
South Shore and South Bend Railroad and the Authority, or their respective successors,
other than public transportation provided by the Chicago Transit
Authority, shall be subject to the jurisdiction of the Commuter Rail Board. (Source: P.A. 83‑885; 83‑886.)
(70 ILCS 3615/3B.09)(from Ch. 111 2/3, par. 703B.09) Sec. 3B.09. General Powers. In addition to any powers elsewhere provided
to the Commuter Rail 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 provided in the
"Regional Transportation Authority Act"; and (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 may
agree, all as provided in the "Regional Transportation Authority Act". (Source: P.A. 83‑885; 83‑886.)
(70 ILCS 3615/3B.09a) Sec. 3B.09a. Bicycles on commuter rail trains. Effective July 1, 1999 and
after first adopting an ordinance imposing terms and conditions designed to
protect the safety and convenience of passengers, the Commuter Rail Board
may
allow bicycles to be transported on commuter rail trains. A
reasonable fare increase may be charged to those passengers with bicycles. (Source: P.A. 90‑45, eff. 1‑1‑98.)
(70 ILCS 3615/3B.10)(from Ch. 111 2/3, par. 703B.10) Sec. 3B.10. Budget and Program. The Commuter Rail Board, subject to
the powers of the Authority in Section 4.11, shall control the finances
of the Division. It shall by ordinance appropriate money to perform the
Division's purposes and provide for payment of debts and expenses of the
Division. Each year the Commuter Rail Board shall prepare and publish a
comprehensive annual budget and program document, and a financial plan for
the two years thereafter describing the state of the Division and presenting
for the forthcoming fiscal year and the two following years the Commuter
Rail Board's plans for such operations and capital expenditures as the Commuter
Rail Board intends to undertake and the means by which it intends to finance
them. The proposed budget and financial plan shall be based on the Authority's
estimate of funds to be made available to the Commuter Rail Board by or through
the Authority and shall conform in all respects to the requirements established
by the Authority. The proposed program and budget shall contain a statement
of the funds estimated to be on hand at the beginning of the fiscal year,
the funds estimated to be received from all sources for such year and the
funds estimated to be on hand at the end of such year.
After adoption of the Authority's first Five‑Year Program, as provided in
Section 2.01 of this Act, the proposed program and budget shall specifically
identify any respect in which the recommended program deviates from the
Authority's then existing Five‑Year Program, giving the reasons for such
deviation. The fiscal year of the Division shall be the same as the fiscal
year of the Authority. Before the proposed budget and program and financial
plan are submitted to the Authority, the Commuter Rail Board shall hold
at least one public hearing thereon in each of the counties in the metropolitan
region in which the Division provides service. The Commuter Rail Board
shall hold at least one meeting for consideration of the proposed program
and budget with the county board of each of the several counties in the
metropolitan region in which the Division provides service. After conducting
such hearings and holding such meetings and after making such changes in
the proposed program and budget as the Commuter Rail Board deems appropriate,
the board shall adopt its annual budget ordinance at least by November 15 next
preceding
the beginning of each fiscal year. The budget and program, and financial
plan shall then be submitted to the Authority as provided in Section 4.11.
In the event that the Board of the Authority determines that the budget
and program, and financial plan do not meet the standards of Section 4.11,
the Commuter Rail Board shall make such changes as are necessary to meet
such requirements and adopt an amended budget ordinance. The amended budget
ordinance shall be resubmitted to the Authority pursuant to Section 4.11. The ordinance
shall appropriate such sums of money as are deemed necessary to defray all
necessary expenses and obligations of the Division, specifying purposes
and the objects or programs for which appropriations are made and the amount
appropriated for each object or program. Additional appropriations, transfers
between items and other changes in such ordinance which do not alter the
basis upon which the balanced budget determination was made by the Board
of the Authority may be made from time to time by the Commuter Rail Board. The budget shall: (i) show a balance between (A) anticipated revenues from all sources including
operating subsidies and (B) the costs of providing the services specified
and of funding any operating deficits or encumbrances incurred in prior
periods, including provision for payment when due of principal and interest
on outstanding indebtedness; (ii) show cash balances including the proceeds of any anticipated cash
flow borrowing sufficient to pay with reasonable promptness all costs
and expenses as incurred; (iii) provide for a level of fares or charges for the public transportation
provided by or subject to the jurisdiction of such Commuter Rail Board sufficient
to allow the Commuter Rail Board to meet its required system generated
revenue recovery ratio; (iv) be based upon and employ assumptions and projections which the Board
of the Authority finds to be reasonable and prudent; (v) have been prepared in accordance with sound financial practices as
determined by the Board of the Authority; and (vi) meet such other uniform financial, budgetary, or fiscal requirements
that the Board of the Authority may by rule or regulation establish. (Source: P.A. 83‑885; 83‑886.)
(70 ILCS 3615/3B.11)(from Ch. 111 2/3, par. 703B.11) Sec. 3B.11. Citizens Advisory Board. The Commuter Rail Board shall
establish a citizens advisory board composed of ten residents of those portions
of the metropolitan region in which the Commuter Rail Board provides service
who have an interest in public transportation. The members of the advisory
board shall be named for two year terms, shall select one of their members
to serve as chairman and shall serve without compensation. The citizens
advisory board shall meet with the Commuter Rail Board at least quarterly
and advise the Commuter Rail Board of the impact of its policies and programs
on the communities it serves. (Source: P.A. 83‑886.)
(70 ILCS 3615/3B.12)(from Ch. 111 2/3, par. 703B.12) Sec. 3B.12. Working Cash Borrowing. The Commuter Rail Board with the
affirmative vote of 5 of its Directors may demand and direct the Board
of the Authority to issue Working Cash Notes at such time and in such amounts
and having such maturities as the Commuter Rail Board deems proper, provided
however any such borrowing shall have been specifically identified in the
budget of the Commuter Rail Board as approved by the Board of the Authority.
Provided further, that the Commuter Rail Board may not demand and direct the Board
of the Authority to have issued and have outstanding at any time in excess of
$20,000,000 in Working Cash Notes. (Source: P.A. 83‑886.)
(70 ILCS 3615/3B.13)(from Ch. 111 2/3, par. 703B.13) Sec. 3B.13. Labor. (a) The provisions of this Section apply to collective
bargaining agreements (including extensions and amendments of existing
agreements) entered into on or after January 1, 1984. This Section does not
apply to collective bargaining agreements that are subject to the
provisions of the Railway Labor Act, as now or hereafter amended. (b) The Commuter Rail Board shall deal with and enter into written
contracts with their employees, through accredited representatives of such
employees authorized to act for such employees concerning wages, salaries,
hours, working conditions,
and pension or retirement provisions about which a collective bargaining
agreement has been entered prior to the effective date of this amendatory
Act of 1983. Any such agreement of the Commuter Rail Board shall provide
that the agreement may be reopened if the amended budget submitted pursuant
to Section 2.18a of this Act is not approved by the Board of the Authority.
The agreement may not include a provision requiring the payment of wage
increases based on changes in the Consumer Price Index.
The Commuter Rail Board shall not have the authority to enter collective
bargaining agreements with respect to inherent management rights which include
such areas of discretion or policy as the functions of the employer, standards
of services, its overall budget, the organizational structure and selection
of new employees and direction of personnel. Employers, however, shall
be required to bargain collectively with regard to policy matters directly
affecting wages, hours and terms and conditions of employment, as well as
the impact thereon, upon request by employee representatives. To preserve
the rights of the Commuter Rail Board and exclusive representatives which
have established collective bargaining relationships or negotiated
collective bargaining agreements prior to the effective date of this
amendatory Act of 1983, the Commuter Rail Board shall be required to
bargain collectively with regard to any matter concerning wages, hours or
conditions of employment about which they have bargained prior to the
effective date of this amendatory Act of 1983. (c) The collective bargaining agreement may not include a prohibition
on the use of part‑time operators on any service operated by the Commuter
Rail Board except where prohibited by federal law. (d) Within 30 days of the signing of any such collective bargaining
agreement, the Commuter Rail Board shall determine the costs of each
provision of the agreement, prepare an amended budget incorporating the
costs of the agreement, and present the amended budget to the Board of the
Authority for its approval under Section 4.11. The Board may approve the
amended budget by an affirmative vote of 9 of its then Directors. If the
budget is not approved by the Board of the Authority, the agreement may be
reopened and its terms may be renegotiated. Any amended budget which may be
prepared following renegotiation shall be presented to the Board of the
Authority for its approval in like manner. (Source: P.A. 84‑1308.)
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