Full Text of SB3943 96th General Assembly
SB3943 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB3943
Introduced 5/27/2010, by Sen. Terry Link SYNOPSIS AS INTRODUCED: |
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70 ILCS 3615/3B.02 |
from Ch. 111 2/3, par. 703B.02 |
70 ILCS 3615/3B.03 |
from Ch. 111 2/3, par. 703B.03 |
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Amends the Regional Transportation Authority Act. Provides for the termination of the terms of the current members of the Commuter Rail Board (METRA) and for the appointment of a new board by the Governor, with the advice and consent of the Senate. Sets forth the procedure for filling a vacancy in the Commuter Rail Board. Effective immediately.
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A BILL FOR
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SB3943 |
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LRB096 22492 RLJ 41789 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Regional Transportation Authority Act is | 5 |
| amended by changing Sections 3B.02 and 3B.03 as follows:
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| (70 ILCS 3615/3B.02) (from Ch. 111 2/3, par. 703B.02)
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| Sec. 3B.02. Commuter Rail Board. | 8 |
| (a) (Blank). Until April 1, 2008, the
governing body of the | 9 |
| Commuter
Rail Division shall be a board consisting of 7 | 10 |
| directors appointed pursuant
to Sections 3B.03 and 3B.04, as | 11 |
| follows:
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| (1)
One director shall be appointed by the Chairman of | 13 |
| the Board of DuPage
County with the advice and consent of | 14 |
| the County Board of DuPage County
and shall reside in | 15 |
| DuPage County.
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| (2)
Two directors appointed by the Chairmen of the | 17 |
| County Boards of Kane,
Lake, McHenry and Will Counties with | 18 |
| the concurrence of not less than a
majority of the chairmen | 19 |
| from such counties, from nominees by the Chairmen.
Each | 20 |
| such chairman may nominate not more than two persons for | 21 |
| each position.
Each such director shall reside in a county | 22 |
| in the metropolitan region other
than Cook or DuPage | 23 |
| County.
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| (3)
Three directors appointed by the members of the | 2 |
| Cook County Board elected
from that part of Cook County | 3 |
| outside of Chicago, or, in the event such Board
of | 4 |
| Commissioners becomes elected from single member | 5 |
| districts, by those
Commissioners elected from districts, | 6 |
| a majority of the residents of which
reside outside | 7 |
| Chicago. In either case, such appointment shall be with
the | 8 |
| concurrence of four such Commissioners. Each such director | 9 |
| shall reside
in that part of Cook County outside Chicago.
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| (4)
One director appointed by the Mayor of the City of | 11 |
| Chicago, with the
advice and consent of the City Council of | 12 |
| the City of Chicago. Such director
shall reside in the City | 13 |
| of Chicago.
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| (5) The chairman shall be appointed by the directors, | 15 |
| from the members of
the board, with the concurrence of 5 of | 16 |
| such directors.
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| (b) Until 30 days after the effective date of this | 18 |
| amendatory Act of the 96th General Assembly, After April 1, | 19 |
| 2008 the governing body of the Commuter Rail Division shall be | 20 |
| a board consisting of 11 directors appointed, pursuant to | 21 |
| Sections 3B.03 and 3B.04, as follows:
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| (1) One Director shall be appointed by the Chairman of | 23 |
| the DuPage County Board with the advice and consent of the | 24 |
| DuPage County Board and shall reside in DuPage County. To | 25 |
| implement the changes in appointing authority under this | 26 |
| Section, upon the expiration of the term of or vacancy in |
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| office of the Director appointed under item (1) of | 2 |
| subsection (a) of this Section who resides in DuPage | 3 |
| County, a Director shall be appointed under this | 4 |
| subparagraph.
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| (2) One Director shall be appointed by the Chairman of | 6 |
| the McHenry County Board with the advice and consent of the | 7 |
| McHenry County Board and shall reside in McHenry County. To | 8 |
| implement the change in appointing authority under this | 9 |
| Section, upon the expiration of the term of or vacancy in | 10 |
| office of the Director appointed under item (2) of | 11 |
| subsection (a) of this Section who resides in McHenry | 12 |
| County, a Director shall be appointed under this | 13 |
| subparagraph.
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| (3) One Director shall be appointed by the Will County | 15 |
| Executive with the advice and consent of the Will County | 16 |
| Board and shall reside in Will County. To implement the | 17 |
| change in appointing authority under this Section, upon the | 18 |
| expiration of the term of or vacancy in office of the | 19 |
| Director appointed under item (2) of subsection (a) of this | 20 |
| Section who resides in Will County, a Director shall be | 21 |
| appointed under this subparagraph.
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| (4) One Director shall be appointed by the Chairman of | 23 |
| the Lake County Board with the advice and consent of the | 24 |
| Lake County Board and shall reside in Lake County.
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| (5) One Director shall be appointed by the Chairman of | 26 |
| the Kane County Board with the advice and consent of the |
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| Kane County Board and shall reside in Kane County.
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| (6) One Director shall be appointed by the Mayor of the | 3 |
| City of Chicago with the advice and consent of the City | 4 |
| Council of the City of Chicago and shall reside in the City | 5 |
| of Chicago. To implement the changes in appointing | 6 |
| authority under this Section, upon the expiration of the | 7 |
| term of or vacancy in office of the Director appointed | 8 |
| under item (4) of subsection (a) of this Section who | 9 |
| resides in the City of Chicago, a Director shall be | 10 |
| appointed under this subparagraph.
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| (7) Five Directors residing in Cook County outside of | 12 |
| the City of Chicago, as follows: | 13 |
| (i) One Director who resides in Cook County outside | 14 |
| of the City of Chicago, appointed by the President of | 15 |
| the Cook County Board with the advice and consent of | 16 |
| the members of the Cook County Board. | 17 |
| (ii) One Director who resides in the township of | 18 |
| Barrington, Palatine, Wheeling, Hanover, Schaumburg, | 19 |
| or Elk Grove. To implement the changes in appointing | 20 |
| authority under this Section, upon the expiration of | 21 |
| the term of or vacancy in office of the Director | 22 |
| appointed under paragraph (3) of subsection (a) of this | 23 |
| Section who resides in the geographic area described in | 24 |
| this subparagraph, a Director shall be appointed under | 25 |
| this subparagraph. | 26 |
| (iii) One Director who resides in the township of |
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| Northfield, New Trier, Maine, Niles, Evanston, Leyden, | 2 |
| Norwood Park, River Forest, or Oak Park. | 3 |
| (iv) One Director who resides in the township of | 4 |
| Proviso, Riverside, Berwyn, Cicero, Lyons, Stickney, | 5 |
| Lemont, Palos, or Orland. To implement the changes in | 6 |
| appointing authority under this Section, upon the | 7 |
| expiration of the term of or vacancy in office of the | 8 |
| Director appointed under paragraph (3) of subsection | 9 |
| (a) of this Section who resides in the geographic area | 10 |
| described in this subparagraph and whose term of office | 11 |
| had not expired as of August 1, 2007, a Director shall | 12 |
| be appointed under this subparagraph. | 13 |
| (v) One Director who resides in the township of | 14 |
| Worth, Calumet, Bremen, Thornton, Rich, or Bloom. To | 15 |
| implement the changes in appointing authority under | 16 |
| this Section, upon the expiration of the term of or | 17 |
| vacancy in office of the Director appointed under | 18 |
| paragraph (3) of subsection (a) of this Section who | 19 |
| resides in the geographic area described in this | 20 |
| subparagraph and whose term of office had expired as of | 21 |
| August 1, 2007, a Director shall be appointed under | 22 |
| this subparagraph. | 23 |
| (vi) The Directors identified under the provisions | 24 |
| of subparagraphs (ii) through (v) of this paragraph (7) | 25 |
| shall be appointed by the members of the Cook County | 26 |
| Board. Each individual Director shall be appointed by |
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| those members of the Cook County Board whose Board | 2 |
| districts overlap in whole or in part with the | 3 |
| geographic territory described in the relevant | 4 |
| subparagraph. The vote of County Board members | 5 |
| eligible to appoint directors under the provisions of | 6 |
| subparagraphs (ii) through (v) of this paragraph (7) | 7 |
| shall be weighted by the number of electors residing in | 8 |
| those portions of their Board districts within the | 9 |
| geographic territory described in the relevant | 10 |
| subparagraph (ii) through (v) of this paragraph (7).
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| (8) The Chairman shall be appointed by the Directors, | 12 |
| from the members of the Board, with the concurrence of 8 of | 13 |
| such Directors. To implement the changes in appointing | 14 |
| authority under this Section, upon the expiration of the | 15 |
| term of or vacancy in office of the Chairman appointed | 16 |
| under item (5) of subsection (a) of this Section, a | 17 |
| Chairman shall be appointed under this subparagraph.
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| (b-5) Notwithstanding any provision of this Article to the | 19 |
| contrary, the term of office of each Director ends 30 days | 20 |
| after the effective date of this amendatory Act of the 96th | 21 |
| General Assembly or when their successors are appointed and | 22 |
| qualified. Within 30 days after the effective date of this | 23 |
| amendatory Act of the 96th General Assembly, the Governor shall | 24 |
| appoint, with the advice and consent of the Senate, 11 members | 25 |
| to the Board who otherwise meet the qualifications under this | 26 |
| Section. No Director whose term was ended under this subsection |
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| shall be reappointed as a Director under this subsection. | 2 |
| On and after the effective date of this amendatory Act of | 3 |
| the 96th General Assembly, the governing body of the Commuter | 4 |
| Rail Division shall be a board consisting of 11 directors | 5 |
| appointed, pursuant to Sections 3B.03 and 3B.04, by the | 6 |
| Governor, with the advice and consent of the Senate, as | 7 |
| follows: | 8 |
| (1) One Director shall reside in DuPage County. | 9 |
| (2) One Director shall reside in McHenry County. | 10 |
| (3) One Director shall reside in Will County. | 11 |
| (4) One Director shall reside in Lake County. | 12 |
| (5) One Director shall reside in Kane County. | 13 |
| (6) One Director shall reside in the City of Chicago. | 14 |
| (7) Five Directors shall reside in Cook County outside | 15 |
| of the City of Chicago, as follows: | 16 |
| (A) One Director shall reside in Cook County | 17 |
| outside of the City of Chicago. | 18 |
| (B) One Director shall reside in the township of | 19 |
| Barrington, Palatine, Wheeling, Hanover, Schaumburg, | 20 |
| or Elk Grove. | 21 |
| (C) One Director shall reside in the township of | 22 |
| Northfield, New Trier, Maine, Niles, Evanston, Leyden, | 23 |
| Norwood Park, River Forest, or Oak Park. | 24 |
| (D) One Director shall reside in the township of | 25 |
| Proviso, Riverside, Berwyn, Cicero, Lyons, Stickney, | 26 |
| Lemont, Palos, or Orland. |
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| (E) One Director shall reside in the township of | 2 |
| Worth, Calumet, Bremen, Thornton, Rich, or Bloom. | 3 |
| No more than 6 directors shall be affiliated with the same | 4 |
| political party. | 5 |
| The chairperson shall be appointed by the Directors, from | 6 |
| the members of the Board, with the concurrence of 8 of such | 7 |
| Directors. | 8 |
| (c) No director, while serving as such, shall be an | 9 |
| officer, a member of the
board of directors or trustee or an | 10 |
| employee of any transportation agency,
or be an employee of the | 11 |
| State of Illinois or any department or agency thereof,
or of | 12 |
| any unit of local government or receive any compensation from | 13 |
| any
elected or appointed office under the Constitution and laws | 14 |
| of Illinois.
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| (d) (Blank). Each appointment made under subsections (a) | 16 |
| and (b) of this Section
and under Section
3B.03 shall be | 17 |
| certified by the appointing authority to the Commuter Rail | 18 |
| Board
which shall maintain the certifications as part of the | 19 |
| official records
of the Commuter Rail Board.
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| (Source: P.A. 95-708, eff. 1-18-08.)
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| (70 ILCS 3615/3B.03) (from Ch. 111 2/3, par. 703B.03)
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| Sec. 3B.03. Terms, Vacancies. Each
director shall be | 23 |
| appointed
for a term of 4 years, and until his or her successor | 24 |
| has been appointed and
qualified. A vacancy shall occur upon | 25 |
| the resignation, death, conviction
of a felony, or removal from |
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| office of a director. Each director must be a resident of the | 2 |
| geographic area from which he or she was appointed. The failure | 3 |
| of a director to meet or maintain this residency requirement | 4 |
| constitutes a resignation by that director, and creates a | 5 |
| vacancy which shall be filled by the Governor with the advice | 6 |
| and consent of the Senate. Any director may be
removed from | 7 |
| office by the Governor for upon the concurrence of not less | 8 |
| than 8 directors, on
a formal finding of incompetence, neglect | 9 |
| of duty, or malfeasance in office.
Within 30 days after the | 10 |
| office of any director becomes vacant for any reason,
the | 11 |
| Governor, with the advice and consent of the Senate, | 12 |
| appropriate appointing authorities of such director, as | 13 |
| provided
in Section 3B.02, shall make an appointment to
fill | 14 |
| the vacancy. A vacancy shall be filled for the unexpired term.
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| (Source: P.A. 95-708, eff. 1-18-08.)
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| Section 99. Effective date. This Act takes effect upon | 17 |
| becoming law.
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