HB4181 104TH GENERAL ASSEMBLY

LRB104 15601 RTM 28768 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4181

Introduced 10/28/2025, by Rep. Stephanie A. Kifowit

SYNOPSIS AS INTRODUCED:

See Index

Amends the Airport Authorities Act. Provides that, in an order finding the results of an election to be favorable to the establishment of an airport authority, the circuit court shall determine, among other things, the population of each municipality within the authority having 5,000 or more inhabitants who reside within the corporate limits of the authority (rather than the population of each municipality within the authority having 5,000 or more inhabitants). Provides that, if a municipality not wholly located within the Springfield Airport Authority attains 5,000 or more inhabitants who reside within both the corporate limits of the municipality and the corporate limits of the Springfield Airport Authority, then a referendum may be held to determine whether those residents may be deannexed from the Springfield Airport Authority. Authorizes the referendum to be initiated either (i) by a petition signed by a number of voters equal to of at least 8% of the total votes cast for candidates for Governor in the last gubernatorial election by the registered voters who reside in the corporate limits of the municipality and the corporate limits of the Springfield Airport Authority or (ii) by the corporate authorities of a municipality not wholly located within the corporate limits of the Springfield Airport Authority with 5,000 or more inhabitants who reside within both the corporate limits of the municipality and the corporate limits of the Springfield Airport Authority. Specifies that, if the majority of those voting on the referendum approve of deannexation, then the Springfield Airport Authority shall either deannex all the territory within the corporate limits of the municipality or accept the appointment of one additional commissioner to the board who shall be appointed by the municipality that voted for deannexation. Requires the Springfield Airport Authority to vote to either deannex the affected property or accept the appointment of an additional commissioner within 45 days after certification of the vote. Requires all appointments of commissioners to boards of commissioners of airport authorities to indicate whether or not the person appointed resides within or without a municipality having a population of 5,000 or more inhabitants within the corporate limits of the authority (rather than a municipality having a population of 5,000 or more inhabitants).

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Airport Authorities Act is amended by changing Sections 3, 3.1, and 3.2 as follows:

(70 ILCS 5/3) (from Ch. 15 1/2, par. 68.3)

Sec. 3. Boards of commissioners. Every authority established under this Act shall be governed by a board of commissioners. For authorities other than Metropolitan Airport Authorities, the Greater Metropolitan Airport Authority, and the Crawford County Airport Authority, in the order finding the results of the election to be favorable to the establishment of the authority, the circuit court shall determine the population of the authority and the population of each municipality within the authority having 5,000 or more inhabitants who reside within the corporate limits of the authority according to the last census.

(Source: P.A. 95-365, eff. 1-1-08.)

(70 ILCS 5/3.1) (from Ch. 15 1/2, par. 68.3a)

Sec. 3.1. Boards of commissioners - Appointment. The Boards of Commissioners of Authorities shall be appointed as follows:

(1) In case there are one or more municipalities having a population of 5,000 or more within the Authority, the commissioners shall be appointed as follows:

(a) Where there is only one such municipality, 3 commissioners shall be appointed from such municipality, and 2 commissioners shall be appointed at large.

(a-5) Within 30 days after the effective date of this amendatory Act of the 95th General Assembly, one additional commissioner shall be appointed to the board of the Springfield Airport Authority from each municipality having a population of 5,000 or more within the Authority, and one additional commissioner shall be appointed at large. The additional commissioners shall serve for a term of 4 or 5 years, as determined by lot. Their successors shall serve for terms of 5 years.

(a-10) If a municipality not wholly located within the Springfield Airport Authority attains 5,000 or more inhabitants who reside within both the corporate limits of the municipality and the corporate limits of the Springfield Airport Authority, then the inhabitants who reside within both the corporate limits of the municipality and the corporate limits of the Springfield Airport Authority may hold a referendum to be deannexed from the Springfield Airport Authority through referendum. The referendum may be initiated by either (i) a petition signed by a number of voter equal to of at least 8% of the total votes cast or candidates for Governor in the last gubernatorial election by the registered voters who reside in the corporate limits of the municipality and the corporate limits of the Springfield Airport Authority or (ii) the corporate authorities of a municipality not wholly located within the corporate limits of the Springfield Airport Authority with 5,000 or more inhabitants who reside within both the corporate limits of the municipality and the corporate limits of the Springfield Airport Authority. If the majority of those voting on the referendum approve of deannexation, then the Springfield Airport Authority shall either deannex all the territory within the corporate limits of the municipality or accept the appointment of one additional commissioner to the board who shall be appointed by the municipality that voted for deannexation. The Springfield Airport Authority must vote to either deannex the affected property or accept the appointment of an additional commissioner within 45 days following certification of the vote.

(b) Where there are 2 or more such municipalities, one commissioner shall be appointed from each municipality with a population between 5,000 and 45,000, 2 commissioners shall be appointed from each municipality with a population of more than 45,000, and 3 commissioners shall be appointed at large; except that when the physical facilities of the airport of the Authority are located wholly within a single county with a population between 600,000 and 3,000,000 there shall be one commissioner appointed from each municipality within the corporate limits of the Authority having 5,000 or more population and 5 commissioners appointed at large. If the Authority is located wholly within the corporate limits of such municipalities, 2 commissioners shall be appointed from the one of such municipalities having the largest population, and one commissioner shall be appointed from each of the other such municipalities, and 2 commissioners shall be appointed at large.

(c) Commissioners representing the area within an Authority located outside of any municipality having 5,000 or more population and commissioners appointed at large when the authority is wholly contained within a single county shall be appointed by the presiding officer of the county board with the advice and consent of the county board, and when the physical facilities of the airport of the Authority are located wholly within a single county with a population between 600,000 and 3,000,000 the commissioners appointed at large shall be appointed by the chairman of the county board of such county, and any commissioner representing the area within any such municipality shall be appointed by its mayor or the presiding officer of its governing body. If however the district is located in more than one county other than a county with a population between 600,000 and 3,000,000, the members of the General Assembly whose legislative districts encompass any portion of the Authority shall appoint the commissioners representing the area within an Authority located outside of any municipality having 5,000 or more population and commissioners at large but any commissioner representing the area within any such municipality shall be appointed by its mayor or the presiding officer of its governing body.

(d) A commissioner representing the area within any such municipality shall reside within its corporate limits. A commissioner appointed at large may reside either within or without any such municipality but must reside within the territory of the authority. Should any commissioner cease to reside within that part of the territory he represents, or should the territory in which he resides cease to be a part of the authority, then his office shall be deemed vacated, and shall be filled by appointment for the remainder of the term as hereinafter provided.

(2) In case there are no municipalities having a population of 5,000 or more within such authority located wholly within a single county, such order shall so find, and in such case the Board shall consist of 5 commissioners who shall be appointed at large by the presiding officer of the county board with the advice and consent of the county board. If however the district is located in more than one county, the members of the General Assembly whose legislative districts encompass any portion of the Authority shall appoint the commissioners at large.

(3) Should a municipality which is wholly within an authority attain, or should such a municipality be established, having a population of 5,000 or more after the entry of said order by the circuit court, the presiding officer of such municipality may petition the circuit court for an order finding and determining the population of such municipality and, if it is found and determined upon the hearing of said petition that the population of such municipality is 5,000 or more, the board of commissioners of such authority as previously established shall be increased by one commissioner who shall reside within the corporate limits of such municipality and shall be appointed by its presiding officer. The initial commissioner so appointed shall serve for a term of 1, 2, 3, 4 or 5 years, as may be determined by lot, and his successors shall be similarly appointed and shall serve for terms of 5 years. All provisions of this section applicable to commissioners representing municipal areas shall apply to any such commissioner. Each such commissioner shall reside within the authority and shall continue to reside therein.

(4) Notwithstanding any other provision of this Section, the Board of Commissioners of a Metropolitan Airport Authority shall consist of 9 commissioners.

Seven commissioners shall be residents of the county with a population between 600,000 and 3,000,000 within which the Metropolitan Airport Authority was established. These commissioners shall be appointed by the county board chairman of the county with a population between 600,000 and 3,000,000 within which the Metropolitan Airport Authority was established, with the advice and consent of the county board of that county.

Two commissioners shall be residents of the territory of the Authority located outside the county with a population between 600,000 and 3,000,000. These commissioners shall be appointed jointly by the mayors of the municipalities having a population over 5,000 that are located outside the county with a population between 600,000 and 3,000,000, with the advice and consent of the governing bodies of those municipalities.

The transition from the pre-existing composition of the Metropolitan Airport Authority Board of Commissioners to the composition specified in this amendatory Act of 1991 shall be accomplished as follows:

(A) The appointee who was required to be a resident of the area outside of the county with a population between 600,000 and 3,000,000 may serve until his or her term expires. The replacement shall be one of the 2 appointees who shall be residents of the territory of the Authority located outside the county with a population between 600,000 and 3,000,000.

(B) The other 8 commissioners may serve until their terms expire. Upon the occurrence of the second vacancy among these 8 commissioners after the effective date of this amendatory Act of 1991, the replacement shall be the second of the 2 appointees who shall be residents of the territory of the Authority located outside of the county with a population between 600,000 and 3,000,000. Upon the expiration of the terms of the other 7 commissioners, the replacements shall be residents of the county with a population between 600,000 and 3,000,000.

(C) All commissioners appointed after the effective date of this amendatory Act of 1991, and their successors, shall be appointed in the manner set forth in this amendatory Act of 1991.

(Source: P.A. 94-466, eff. 1-1-06; 95-641, eff. 10-11-07.)

(70 ILCS 5/3.2) (from Ch. 15 1/2, par. 68.3b)

Sec. 3.2. Manner of exercising appointments. All appointments of Commissioners to Boards of Commissioners of Airport Authorities shall be in writing and shall indicate the legal residence of the person appointed and whether or not he resides within or without a municipality having a population of 5,000 or more inhabitants within the corporate limits of the authority.

(Source: P.A. 77-685.)