2023 Illinois Compiled Statutes › Chapter 220 - UTILITIES › 220 ILCS 5/ - Public Utilities Act. › Article XIV - Local Transit Commissions

(220 ILCS 5/Art. XIV heading)
ARTICLE XIV.  
		LOCAL TRANSIT COMMISSIONS
(220 ILCS 5/14-101) (from Ch. 111 2/3, par. 14-101)
Sec. 14-101. 
		
		Whenever the city council of any city in this state shall
pass and there shall become operative and effective an ordinance granting
consent, permission and authority for the establishment, maintenance and
operation of a comprehensive unified local transportation system, the major
portion of which is or is to be located within or the major portion of the
service of which is or is to be supplied to the inhabitants of such city,
and which system is used or to be used chiefly for the transportation of
persons, there shall be created and established a local transit commission
as and for the purposes hereinafter provided.
Such local transit commission shall be designated "Transit Commission"
preceded by the name of such city.
The term "transit commission" as hereinafter used in this Article means
the local transit commission created and established pursuant to the
provisions of this Article.
The term "city" as hereinafter used in this Article means any city
establishing a local transit commission pursuant to the provisions of this
Article.
The term "comprehensive unified local transportation system" as used in
this Article means a transportation system comprising all of the street
railways and also all of the local railroads the major portions of which
are within the city (provided there are such local railroads in such city)
and may also comprise public utility motor vehicle lines and/or any other
local public utility transportation facilities, the major portions of which
are within the city.
The term "local railroads" as herein used means railroads used chiefly
for local passenger transportation and does not include a railroad
constituting or used as part of a steam trunk line railroad system operated
as a common carrier of freight and passengers.
The transit commission shall consist of three members to be appointed by
the mayor by and with the advice and consent of the city council of the
city, one of which members shall be designated chairman of the commission.
Immediately upon appointment the members of the commission shall
respectively take and subscribe to the constitutional oath of office. Each
member of the commission shall before entering upon the duties of his
office give bond with a surety or sureties approved by the city council of
the city in the sum of $25,000.00 conditioned upon the faithful performance
of his duties as such member.
Upon the qualification of the members of the commission as herein
provided, the commission shall be deemed created and established for all of
the purposes of this Article, and the fact of such creation and
establishment shall by the Commission be certified to the Governor of the
State of Illinois and to the Illinois Commerce Commission.
(Source: P.A. 84-617.)
(220 ILCS 5/14-102) (from Ch. 111 2/3, par. 14-102)
Sec. 14-102. Terms of office, vacancies, restrictions, and removals.
Terms of office. The first members of the transit commission shall be
appointed for two, three, and four year terms respectively. The term of
office of each member thereafter appointed shall be four years.
Vacancies. Any vacancy in the membership of the transit commission occurring by
reason of the death, resignation, disqualification, removal, or inability
or refusal to act of any of the members of such transit commission shall be filled
by appointment by the mayor by and with the advice and consent of the city
council of the city.
Restrictions and removals. Each member of the transit commission shall
devote all time necessary to perform properly and adequately the duties of
his office, and shall hold no other office or position of profit, or engage
in any other business, employment, or vocation to the detriment or neglect
of such duties.
No person holding stocks or bonds in any corporation subject to the
jurisdiction of the transit commission, or who is in any other manner
directly or indirectly pecuniarily interested in any such corporation,
shall be appointed as a member of the transit commission or shall be
appointed or employed by the transit commission.
No member of the transit commission or any officer or employee of the
transit commission shall voluntarily become so interested and if he shall
become so interested otherwise than voluntarily he shall within a
reasonable time divest himself of such interest.
No member of the transit commission or any officer or employee of the
transit commission shall solicit or accept any gift, gratuity, emolument,
or employment from any corporation subject to the jurisdiction of the
transit commission or from any officer, agent, or employee thereof; nor
solicit, request, or recommend directly or indirectly, to any such
corporation or to any officer, agent, or employee thereof, the appointment
or employment of any person by any such corporation to any office or
position. And no such corporation or any officer, agent, or employee 
thereof, shall offer to any member of the transit commission or any officer or employee
 of the transit commission any gift, gratuity, emolument, or employment.
Violation of any of the provisions of this paragraph by any member,
officer, or employee of the transit commission shall be ground for his
removal from the office or employment held by him.
No member of the transit commission shall be removed from office during
the term for which he shall be appointed except upon written charges made
and sustained, as hereinafter provided for violation of any of the
provisions of this paragraph, or for malfeasance, misfeasance, or
nonfeasance in the discharge of the duties of his office.
Such charges shall be preferred by the mayor in writing to the city
council of the city, or by resolution of the city council of the city and
shall be investigated by a committee designated by the city council, which
shall afford full opportunity to the commissioner complained of to appear
and be heard in his own defense and to be represented by counsel.
The finding or decision of such committee shall be reported by it to the
city council. In case such finding or decision shall sustain the charges
and shall be approved by a vote of two-thirds of all of the members of the
city council, the mayor of the city shall issue a declaration removing such
commissioner from office and the vacancy thus created shall be filled as in
this Section provided.
(Source: P.A. 103-154, eff. 6-30-23.)
(220 ILCS 5/14-103) (from Ch. 111 2/3, par. 14-103)
Sec. 14-103. Offices, employees and supplies, salaries.
Offices. The transit commission shall establish and maintain an office
in the city hall of the city or at such other place as the city council of
the city shall from time to time authorize or provide.
Such office shall be open for business between the hours of nine o'clock
A. M. and five o'clock P. M. of each week day except holidays, except on
Saturdays the hours shall be from nine o'clock A. M. to twelve o'clock
noon.
Employees and supplies. The transit commission shall have power to
appoint a secretary, and to employ such accountants, engineers, experts,
inspectors, clerks, and other employees and fix their compensation, and to
purchase such furniture, stationery, and other supplies and materials, as
are reasonably necessary to enable it properly to perform its duties and
exercise its powers.
The secretary and such other employees as the transit commission may require
shall give bond in such amount and with such security as the transit commission may
prescribe.
Salaries and expenses. Each of the members of the transit commission
shall receive such annual salary as shall be fixed by the city council of
the city.
The salary of any member shall not be reduced during his term of office.
The city council of the city shall have power to provide for the payment
of the salaries of all members and the expenses of the transit commission.
(Source: P.A. 103-154, eff. 6-30-23.)
(220 ILCS 5/14-104) (from Ch. 111 2/3, par. 14-104)
Sec. 14-104. Rules and regulations, meetings, seal and authentication
of records, etc.
Rules and regulations. Consistent with the provisions of this Article,
the transit commission may adopt such rules and regulations and may alter
and amend the same as it shall deem advisable relative to the calling,
holding, and conduct of its meetings, the transaction of its business, the
regulation and control of its agents and employees, the filing of complaints
and petitions and the service of notices thereof and the conduct of
hearings thereon, and the performance in general of its duties and powers
hereunder.
Meetings. For the purpose of receiving, considering, and acting upon any
complaints or applications which may be presented to it or for the purpose
of conducting investigations or hearings on its own motion the transit
commission shall hold a regular meeting at least once a week except in the
months of July and August in each year. In addition to such other meetings of
the transit commission as may be held, called or provided for by the rules and
regulations of the transit commission, the Chairman shall call a meeting of the transit
commission at any time upon the request of the mayor or city council of
the city.
Quorum and Majority Rule. Two members of the transit commission shall
constitute a quorum to transact business and no vacancy shall impair the
right of the remaining commissioners to exercise all the powers of the transit
commission; and every finding, order, decision, rule, regulation, or
requirement of the transit commission approved by at least two members thereof
shall be deemed to be the finding, order, decision, rule, regulation, or
requirement of the transit commission.
Seal, Authentication of records, etc. The transit commission may adopt,
keep, and use a common seal, of which judicial notice shall be taken in all
courts of this State. Any process, notice, or other instrument which
the transit commission may be authorized by law to issue shall be deemed sufficient
if signed by the secretary of the transit commission and authenticated by such
seal. All acts, orders, decisions, rules, and records of the transit commission,
and all reports, schedules, and documents filed with the transit commission may be
proved in any court in this State by a copy thereof certified by the
secretary under the seal of the transit commission.
(Source: P.A. 103-154, eff. 6-30-23.)
(220 ILCS 5/14-105) (from Ch. 111 2/3, par. 14-105)
Sec. 14-105. 
		Powers and duties. 
		The jurisdiction, powers, and duties of
the transit commission shall extend to:
(a) the comprehensive unified local transportation system for which a
permit is granted as mentioned in the foregoing Section 14-101 of this
Article including any and every part of such system extending or which
may be extended into adjacent or suburban territory within this state lying
outside of the city not more than 30 miles distant from the
nearest point marking the corporate limits of the city;
(b) all other local public utility transportation facilities owned or
operated or to be owned or operated mainly in the transportation of persons
the major portion of which facilities are located or to be located within,
or the major portion of the service of which is or is to be supplied to the
inhabitants of the city, including such part or parts of any of said
facilities extending or which may be extended into adjacent and suburban
territory within this state lying outside of the city within 30
miles distant from the nearest point marking the corporate limits of the
city; but not including any railroad located or to be located in the city
constituting or used as part of a steam trunk line railroad system,
operated as a common carrier of freight and passengers;
(c) every corporation that now or hereafter may or may be authorized to
own, control, operate, or manage the comprehensive unified local
transportation system or any of the other local transportation facilities
mentioned in the preceding paragraphs (a) and (b) of this Section.
With respect to said comprehensive unified local transportation system
and said other local transportation facilities and those owning and/or
operating or authorized to own and/or operate the same as aforesaid, the
transit commission shall have the same regulatory and supervisory powers
and duties as are conferred and imposed upon the Illinois Commerce
Commission by the provisions of this Act.
Provided, however, that the initial acquisition, consolidation,
unification, or merger of the properties for the establishment of and to
comprise said comprehensive unified local transportation system and the
issuance of bonds, stocks, or other securities therefor or in connection
therewith, shall be within and subject to the jurisdiction and control of
the Illinois Commerce Commission with respect to any consent, permission,
approval, authority, or certificate for such acquisition, consolidation, or
merger of said properties including any certificate of convenience and
necessity, and the issuance of such securities required by the provisions
of this Act.
(Source: P.A. 84-617.)
(220 ILCS 5/14-106) (from Ch. 111 2/3, par. 14-106)
Sec. 14-106. 
		
		Proceedings before the Commission and in the
courts. The provisions of Article X, Sections 4-201 through
4-205, Sections 5-201 through 5-203, and Section 9-252 of this Act, except as
herein otherwise provided, shall apply to and govern the proceedings by or
before the transit commission, appeals from the rules, regulations, orders,
or decisions of the transit commission, and actions for the enforcement of
rules, regulations, orders, or decisions of the transit commission or to
recover penalties for violation thereof or of the provisions of this
Article XIV.
(Source: P.A. 84-617.)
(220 ILCS 5/14-107) (from Ch. 111 2/3, par. 14-107)
Sec. 14-107. 
		Powers of supervision, etc. 
		Except as otherwise provided in this Article the transit commission
shall have general supervision of the corporations owning or operating the
comprehensive unified local transportation system or any of the other local
transportation facilities mentioned in the foregoing Section 14-105. It
shall inquire into and keep itself informed as to the general condition of
such corporations their franchises, capitalization, rates and charges, the
manner in which their properties are managed and operated with respect to
adequacy of service, and as to compliance with the applicable provisions of
this Act, with the orders of the transit commission, and with the
requirements, terms, and conditions of any ordinance grant, permit or
franchise.
The corporations subject to the jurisdiction of the transit commission
shall furnish to the commission all information required by it to carry
into effect the provisions of this Article.
Whenever required by the transit commission such corporations shall
deliver to the commission all maps, profiles, reports, documents, books,
accounts, papers and records in their possession in any way relating to
their property or affecting their business, and inventories of their
property, in such form as the commission may direct, or verified copies of
all or any of the same.
(Source: P.A. 84-617.)
(220 ILCS 5/14-108) (from Ch. 111 2/3, par. 14-108)
Sec. 14-108. 
		Transit Commission's powers to be regulatory. 
		The powers and duties conferred and imposed upon the transit commission
are to be taken and deemed powers and duties of reasonable and lawful
public service regulation as distinguished from managerial powers or
functions.
(Source: P.A. 84-617.)
(220 ILCS 5/14-109) (from Ch. 111 2/3, par. 14-109)
Sec. 14-109. 
		Transit Commission to supersede Illinois Commerce Commission. 
		As concerns the comprehensive unified local transportation system and
other local transportation facilities mentioned in the foregoing Section
14-105 and the corporations, owning and/or operating or authorized to own
and/or operate the same, the transit commission shall supersede the
Illinois Commerce Commission created by this Act and the Illinois Commerce
Commission shall have no jurisdiction over such system, facilities or
corporations, except as otherwise provided in this Article.
(Source: P.A. 84-617.)
(220 ILCS 5/14-110) (from Ch. 111 2/3, par. 14-110)
Sec. 14-110. 
		Saving provisions. 
		The creation of a transit commission under this  Article shall not
affect pending actions or proceedings instituted in any court under the
provisions of this Act by or against any public utility corporation owning
or operating local transportation facilities which are subject to the
jurisdiction of such transit commission as in this Article provided.
Any investigation, hearing, or proceeding instituted or conducted by the
Illinois Commerce Commission under the provisions of this Act against or
concerning any such public utility corporation and pending and undetermined
at the time of the creation of such transit commission shall be conducted
and continued to final determination by such transit commission except as
herein otherwise provided.
All orders, decisions, rules, or regulations heretofore made, issued, or
promulgated by the Illinois Commerce Commission under the provisions of
this Act relating to or affecting any such public utility corporation,
shall continue in force; but such transit commission shall have all powers
with respect to such orders, decisions, rules, or regulations, the same as
if made, issued, or promulgated by such transit commission under the
provisions of this Article.
(Source: P.A. 84-617.)