96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3943


 
Introduced 5/27/2010, by Sen. Terry Link
 
SYNOPSIS AS INTRODUCED:
 		





 










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








     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.
  















LRB096 22492 RLJ 41789 b

















 


 


A BILL FOR









 




  






SB3943

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 
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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. 
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    (a) (Blank). Until April 1, 2008, the
 governing body of the 
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Commuter
Rail Division shall be a board consisting of 7 
10
directors appointed pursuant
to Sections 3B.03 and 3B.04, as 
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follows:

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        (1)
 One director shall be appointed by the Chairman of 
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    the Board of DuPage
County with the advice and consent of 
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    the County Board of DuPage County
and shall reside in 
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    DuPage County.


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        (2)
 Two directors appointed by the Chairmen of the 
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    County Boards of Kane,
Lake, McHenry and Will Counties with 
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    the concurrence of not less than a
majority of the chairmen 
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    from such counties, from nominees by the Chairmen.
Each 
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    such chairman may nominate not more than two persons for 
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    each position.
Each such director shall reside in a county 
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    in the metropolitan region other
than Cook or DuPage 
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    County.

 


 






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        (3)
 Three directors appointed by the members of the 
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    Cook County Board elected
from that part of Cook County 
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    outside of Chicago, or, in the event such Board
of 
4
    Commissioners becomes elected from single member 
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    districts, by those
Commissioners elected from districts, 
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    a majority of the residents of which
reside outside 
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    Chicago.  In either case, such appointment shall be with
the 
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    concurrence of four such Commissioners.  Each such director 
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    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 
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    Chicago, with the
advice and consent of the City Council of 
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    the City of Chicago.  Such director
shall reside in the City 
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    of Chicago.

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        (5) The chairman shall be appointed by the directors, 
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    from the members of
the board, with the concurrence of 5 of 
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    such directors.

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    (b) Until 30 days after the effective date of this 
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amendatory Act of the 96th General Assembly, After April 1, 
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2008  the governing body of the Commuter Rail Division shall be 
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a board consisting of 11 directors appointed, pursuant to 
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Sections 3B.03 and 3B.04, as follows:

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        (1) One Director shall be appointed by the Chairman of 
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    the DuPage County Board with the advice and consent of the 
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    DuPage County Board and shall reside in DuPage County.  To 
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    implement the changes in appointing authority under this 
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    Section, upon the expiration of the term of or vacancy in 
 


 






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    office of the Director appointed under item (1) of 
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    subsection (a) of this Section who resides in DuPage 
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    County, a Director shall be appointed under this 
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    subparagraph.

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        (2) One Director shall be appointed by the Chairman of 
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    the McHenry County Board with the advice and consent of the 
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    McHenry County Board and  shall reside in McHenry County.  To 
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    implement the change in appointing authority under this 
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    Section, upon the expiration of the term of or vacancy in 
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    office of the Director appointed under item (2) of 
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    subsection (a) of this Section who resides in McHenry 
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    County, a Director shall be appointed under this 
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    subparagraph.

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        (3) One Director shall be appointed by the Will County 
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    Executive with the advice and consent of the Will County 
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    Board and  shall reside in Will County.  To implement the 
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    change in appointing authority under this Section, upon the 
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    expiration of the term of or vacancy in office of the 
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    Director appointed under item (2) of subsection (a) of this 
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    Section who resides in Will County, a Director shall be 
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    appointed under this subparagraph.

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        (4) One Director shall be appointed by the Chairman of 
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    the Lake County Board with the advice and consent of the 
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    Lake County Board and shall reside in Lake County.

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        (5) One Director shall be appointed by the Chairman of 
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    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 
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    City of Chicago with the advice and consent of the City 
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    Council of the City of Chicago and  shall reside in the City 
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    of Chicago. To implement the changes in appointing 
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    authority under this Section, upon the expiration of the 
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    term of or vacancy in office of the Director appointed 
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    under item (4) of subsection (a) of this Section who 
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    resides in the City of Chicago, a Director shall be 
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    appointed under this subparagraph.

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        (7) Five Directors residing in Cook County outside of 
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    the City of Chicago, as follows:
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            (i) One Director who resides in Cook County outside 
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        of the City of Chicago, appointed by the President of 
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        the Cook County Board with the advice and consent of  
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        the members of the Cook County Board.
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            (ii) One Director who resides in the township of 
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        Barrington, Palatine, Wheeling, Hanover, Schaumburg, 
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        or Elk Grove.  To implement the changes in appointing 
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        authority under this Section, upon the expiration of 
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        the term of or vacancy in office of the Director 
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        appointed under paragraph (3) of subsection (a) of this 
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        Section who resides in the geographic area described in 
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        this subparagraph, a Director shall be appointed under 
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        this subparagraph.
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            (iii) One Director who resides in the township of 
 


 






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        Northfield, New Trier, Maine, Niles, Evanston, Leyden, 
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        Norwood Park, River Forest, or Oak Park.
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            (iv) One Director who resides in the township of 
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        Proviso, Riverside, Berwyn, Cicero, Lyons, Stickney, 
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        Lemont, Palos, or Orland.  To implement the changes in 
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        appointing authority under this Section, upon the 
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        expiration of the term of or vacancy in office of the 
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        Director appointed under paragraph (3) of subsection 
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        (a) of this Section who resides in the geographic area 
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        described in this subparagraph and whose term of office 
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        had not expired as of August 1, 2007, a Director shall 
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        be appointed under this subparagraph.
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            (v) One Director who resides in the township of 
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        Worth, Calumet, Bremen, Thornton, Rich, or Bloom.  To 
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        implement the changes in appointing authority under 
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        this Section, upon the expiration of the term of or 
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        vacancy in office of the Director appointed under 
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        paragraph (3) of subsection (a) of this Section who 
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        resides in the geographic area described in this 
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        subparagraph and whose term of office had expired as of 
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        August 1, 2007, a Director shall be appointed under 
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        this subparagraph.
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            (vi) The Directors identified under the provisions 
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        of subparagraphs (ii) through (v) of this paragraph (7) 
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        shall be appointed by the members of the Cook County 
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        Board.  Each individual Director shall be appointed by 
 


 






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        those members of the Cook County Board whose Board 
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        districts overlap in whole or in part with the 
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        geographic territory described in the relevant 
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        subparagraph.  The vote of County Board members 
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        eligible to appoint directors under the provisions of 
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        subparagraphs (ii) through (v) of this paragraph (7) 
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        shall be weighted by the number of electors residing in 
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        those portions of their Board districts within the 
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        geographic territory described in the relevant 
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        subparagraph (ii) through (v) of this paragraph (7).

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        (8) The Chairman shall be appointed by the Directors, 
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    from the members of the Board, with the concurrence of 8 of 
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    such Directors. To implement the changes in appointing 
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    authority under this Section, upon the expiration of the 
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    term of or vacancy in office of the Chairman appointed 
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    under item (5) of subsection (a) of this Section, a 
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    Chairman shall be appointed under this subparagraph.

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    (b-5) Notwithstanding any provision of this Article to the 
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contrary, the term of office of each Director ends 30 days 
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after the effective date of this amendatory Act of the 96th 
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General Assembly or when their successors are appointed and 
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qualified. Within 30 days after the effective date of this 
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amendatory Act of the 96th General Assembly, the Governor shall 
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appoint, with the advice and consent of the Senate, 11 members 
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to the Board who otherwise meet the qualifications under this 
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Section. No Director whose term was ended under this subsection 
 


 






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shall be reappointed as a Director under this subsection. 
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    On and after the effective date of this amendatory Act of 
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the 96th General Assembly, the governing body of the Commuter 
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Rail Division shall be a board consisting of 11 directors 
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appointed, pursuant to Sections 3B.03 and 3B.04, by the 
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Governor, with the advice and consent of the Senate, as 
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follows:
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        (1) One Director shall reside in DuPage County.
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        (2) One Director shall reside in McHenry County.
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        (3) One Director shall reside in Will County.
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        (4) One Director shall reside in Lake County.
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        (5) One Director shall reside in Kane County.
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        (6) One Director shall reside in the City of Chicago.
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        (7) Five Directors shall reside in Cook County outside 
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    of the City of Chicago, as follows:
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            (A) One Director shall reside in Cook County 
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        outside of the City of Chicago.
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            (B) One Director shall reside in the township of 
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        Barrington, Palatine, Wheeling, Hanover, Schaumburg, 
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        or Elk Grove.
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            (C) One Director shall reside in the township of 
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        Northfield, New Trier, Maine, Niles, Evanston, Leyden, 
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        Norwood Park, River Forest, or Oak Park.
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            (D) One Director shall reside in the township of 
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        Proviso, Riverside, Berwyn, Cicero, Lyons, Stickney, 
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        Lemont, Palos, or Orland.
 


 






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            (E) One Director shall reside in the township of 
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        Worth, Calumet, Bremen, Thornton, Rich, or Bloom. 
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    No more than 6 directors shall be affiliated with the same 
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political party. 
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    The chairperson shall be appointed by the Directors, from 
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the members of the Board, with the concurrence of 8 of such 
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Directors. 
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    (c) No director, while serving as such, shall be an 
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officer, a member of the
board of directors or trustee or an 
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employee of any transportation agency,
or be an employee of the 
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State of Illinois or any department or agency thereof,
or of 
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any unit of local government or receive any compensation from 
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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) 
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and (b) of this Section
 and under Section
3B.03 shall be 
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certified by the appointing authority to the Commuter Rail 
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Board
which shall maintain the certifications as part of the 
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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)


22
    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 
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geographic area from which he or she was appointed. The failure 
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of a director to meet or maintain this residency requirement 
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constitutes a resignation by that director, and creates a 
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vacancy which shall be filled by the Governor with the advice 
6
and consent of the Senate. Any director may be
removed from 
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office by the Governor for upon the concurrence of not less 
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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. 

15
(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.