HB3659 EnrolledLRB098 13071 OMW 47585 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Metropolitan Transit Authority Act is
5amended by changing Sections 2 and 19 as follows:
 
6    (70 ILCS 3605/2)  (from Ch. 111 2/3, par. 302)
7    Sec. 2. When used in this Act:
8    "Transportation System" means all plants, equipment,
9property and rights useful for transportation of passengers for
10hire except taxicabs and includes, without limiting the
11generality of the foregoing, street railways, elevated
12railroads, subways and underground railroads, motor vehicles,
13trolley buses, motor buses and any combination thereof.
14    "Metropolitan area of Cook County" embraces all the
15territory in the County of Cook, State of Illinois East of the
16east line of Range Eleven (11), East of the Third Principal
17Meridian of the United States Government survey.
18    "Metropolitan area" means the metropolitan area of Cook
19County, as above defined.
20    "Authority" means Chicago Transit Authority created by
21this Act.
22    "Board" means Chicago Transit Board.
23    "Governor" means Governor of the State of Illinois.

 

 

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1    "Mayor" means Mayor of the City of Chicago.
2    "Motor vehicle" means every vehicle which is
3self-propelled or which is propelled by electric power obtained
4from overhead trolley wires but not operated on rails.
5    "Municipal government" means a "municipality" as defined
6in Section 1 of Article VII of the Illinois Constitution.
7    "Unit of local government" has the meaning ascribed to it
8in Section 1 of Article VII of the Illinois Constitution.
9(Source: Laws 1955, p. 1166.)
 
10    (70 ILCS 3605/19)  (from Ch. 111 2/3, par. 319)
11    Sec. 19. The governing and administrative body of the
12Authority shall be a board consisting of seven members, to be
13known as Chicago Transit Board. Members of the Board shall be
14residents of the metropolitan area and persons of recognized
15business ability. No member of the Board of the Authority shall
16hold any other office or employment under the Federal, State or
17any County or any municipal government, or any other unit of
18local government, except an honorary office without
19compensation or an office in the National Guard. No employee of
20the Authority shall hold any other office or employment under
21the Federal, State or any County or any municipal government,
22or any other unit of local government, except an office with
23compensation not exceeding $15,000 annually or a position in
24the National Guard or the United States military reserves.
25Provided, however, that the Chairman may be a member of the

 

 

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1Board of the Regional Transportation Authority. No member of
2the Board or employee of the Authority shall have any private
3financial interest, profit or benefit in any contract, work or
4business of the Authority nor in the sale or lease of any
5property to or from the Authority. The salary of each member of
6the initial Board shall be $15,000.00 per annum, and such
7salary shall not be increased or diminished during his or her
8term of office. The salaries of successor members of the Board
9shall be fixed by the Board and shall not be increased or
10diminished during their respective terms of office. No Board
11member shall be allowed any fees, perquisites or emoluments,
12reward or compensation for his or her services as a member or
13officer of the Authority aside from his or her salary or
14pension, but he or she shall be reimbursed for actual expenses
15incurred by him or her in the performance of his or her duties.
16(Source: P.A. 95-968, eff. 1-1-09.)
 
17    Section 10. The Regional Transportation Authority Act is
18amended by changing Sections 3.01 and 3B.02 as follows:
 
19    (70 ILCS 3615/3.01)  (from Ch. 111 2/3, par. 703.01)
20    Sec. 3.01. Board of Directors. The corporate authorities
21and governing body of the Authority shall be a Board consisting
22of 13 Directors until April 1, 2008, and 16 Directors
23thereafter, appointed as follows:
24    (a) Four Directors appointed by the Mayor of the City of

 

 

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1Chicago, with the advice and consent of the City Council of the
2City of Chicago, and, only until April 1, 2008, a fifth
3director who shall be the Chairman of the Chicago Transit
4Authority. After April 1, 2008, the Mayor of the City of
5Chicago, with the advice and consent of the City Council of the
6City of Chicago, shall appoint a fifth Director. The Directors
7appointed by the Mayor of the City of Chicago shall not be the
8Chairman or a Director of the Chicago Transit Authority. Each
9such Director shall reside in the City of Chicago.
10    (b) Four Directors appointed by the votes of a majority of
11the members of the Cook County Board elected from districts, a
12majority of the electors of which reside outside Chicago. After
13April 1, 2008, a fifth Director appointed by the President of
14the Cook County Board with the advice and consent of the
15members of the Cook County Board. Each Director appointed under
16this subparagraph shall reside in that part of Cook County
17outside Chicago.
18    (c) Until April 1, 2008, 3 Directors appointed by the
19Chairmen of the County Boards of DuPage, Kane, Lake, McHenry,
20and Will Counties, as follows:
21        (i) Two Directors appointed by the Chairmen of the
22    county boards of Kane, Lake, McHenry and Will Counties,
23    with the concurrence of not less than a majority of the
24    Chairmen from such counties, from nominees by the Chairmen.
25    Each such Chairman may nominate not more than 2 persons for
26    each position. Each such Director shall reside in a county

 

 

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1    in the metropolitan region other than Cook or DuPage
2    Counties.
3        (ii) One Director appointed by the Chairman of the
4    DuPage County Board with the advice and consent of the
5    DuPage County Board. Such Director shall reside in DuPage
6    County.
7    (d) After April 1, 2008, 5 Directors appointed by the
8Chairmen of the County Boards of DuPage, Kane, Lake and McHenry
9Counties and the County Executive of Will County, as follows:
10        (i) One Director appointed by the Chairman of the Kane
11    County Board with the advice and consent of the Kane County
12    Board. Such Director shall reside in Kane County.
13        (ii) One Director appointed by the County Executive of
14    Will County with the advice and consent of the Will County
15    Board. Such Director shall reside in Will County.
16        (iii) One Director appointed by the Chairman of the
17    DuPage County Board with the advice and consent of the
18    DuPage County Board. Such Director shall reside in DuPage
19    County.
20        (iv) One Director appointed by the Chairman of the Lake
21    County Board with the advice and consent of the Lake County
22    Board. Such Director shall reside in Lake County.
23        (v) One Director appointed by the Chairman of the
24    McHenry County Board with the advice and consent of the
25    McHenry County Board. Such Director shall reside in McHenry
26    County.

 

 

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1        (vi) To implement the changes in appointing authority
2    under this subparagraph (d) the three Directors appointed
3    under subparagraph (c) and residing in Lake County, DuPage
4    County, and Kane County respectively shall each continue to
5    serve as Director until the expiration of their respective
6    term of office and until his or her successor is appointed
7    and qualified or a vacancy occurs in the office. Thereupon,
8    the appointment shall be made by the officials given
9    appointing authority with respect to the Director whose
10    term has expired or office has become vacant.
11    (e) The Chairman serving on the effective date of this
12amendatory Act of the 95th General Assembly shall continue to
13serve as Chairman until the expiration of his or her term of
14office and until his or her successor is appointed and
15qualified or a vacancy occurs in the office. Upon the
16expiration or vacancy of the term of the Chairman then serving
17upon the effective date of this amendatory Act of the 95th
18General Assembly, the Chairman shall be appointed by the other
19Directors, by the affirmative vote of at least 11 of the then
20Directors with at least 2 affirmative votes from Directors who
21reside in the City of Chicago, at least 2 affirmative votes
22from Directors who reside in Cook County outside the City of
23Chicago, and at least 2 affirmative votes from Directors who
24reside in the Counties of DuPage, Lake, Will, Kane, or McHenry.
25The chairman shall not be appointed from among the other
26Directors. The chairman shall be a resident of the metropolitan

 

 

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1region.
2    (f) Except as otherwise provided by this Act no Director
3shall, while serving as such, be an officer, a member of the
4Board of Directors or Trustees or an employee of any Service
5Board or transportation agency, or be an employee of the State
6of Illinois or any department or agency thereof, or of any
7municipality, county, or any other unit of local government or
8receive any compensation from any elected or appointed office
9under the Constitution and laws of Illinois; except that a
10Director may be a member of a school board.
11    (g) Each appointment made under this Section and under
12Section 3.03 shall be certified by the appointing authority to
13the Board, which shall maintain the certifications as part of
14the official records of the Authority.
15    (h) (Blank).
16(Source: P.A. 95-708, eff. 1-18-08.)
 
17    (70 ILCS 3615/3B.02)  (from Ch. 111 2/3, par. 703B.02)
18    Sec. 3B.02. Commuter Rail Board.
19    (a) Until April 1, 2008, the governing body of the Commuter
20Rail Division shall be a board consisting of 7 directors
21appointed pursuant to Sections 3B.03 and 3B.04, as follows:
22        (1) One director shall be appointed by the Chairman of
23    the Board of DuPage County with the advice and consent of
24    the County Board of DuPage County and shall reside in
25    DuPage County.

 

 

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1        (2) Two directors appointed by the Chairmen of the
2    County Boards of Kane, Lake, McHenry and Will Counties with
3    the concurrence of not less than a majority of the chairmen
4    from such counties, from nominees by the Chairmen. Each
5    such chairman may nominate not more than two persons for
6    each position. Each such director shall reside in a county
7    in the metropolitan region other than Cook or DuPage
8    County.
9        (3) Three directors appointed by the members of the
10    Cook County Board elected from that part of Cook County
11    outside of Chicago, or, in the event such Board of
12    Commissioners becomes elected from single member
13    districts, by those Commissioners elected from districts,
14    a majority of the residents of which reside outside
15    Chicago. In either case, such appointment shall be with the
16    concurrence of four such Commissioners. Each such director
17    shall reside in that part of Cook County outside Chicago.
18        (4) One director appointed by the Mayor of the City of
19    Chicago, with the advice and consent of the City Council of
20    the City of Chicago. Such director shall reside in the City
21    of Chicago.
22        (5) The chairman shall be appointed by the directors,
23    from the members of the board, with the concurrence of 5 of
24    such directors.
25    (b) After April 1, 2008 the governing body of the Commuter
26Rail Division shall be a board consisting of 11 directors

 

 

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1appointed, pursuant to Sections 3B.03 and 3B.04, as follows:
2        (1) One Director shall be appointed by the Chairman of
3    the DuPage County Board with the advice and consent of the
4    DuPage County Board and shall reside in DuPage County. To
5    implement the changes in appointing authority under this
6    Section, upon the expiration of the term of or vacancy in
7    office of the Director appointed under item (1) of
8    subsection (a) of this Section who resides in DuPage
9    County, a Director shall be appointed under this
10    subparagraph.
11        (2) One Director shall be appointed by the Chairman of
12    the McHenry County Board with the advice and consent of the
13    McHenry County Board and shall reside in McHenry County. To
14    implement the change in appointing authority under this
15    Section, upon the expiration of the term of or vacancy in
16    office of the Director appointed under item (2) of
17    subsection (a) of this Section who resides in McHenry
18    County, a Director shall be appointed under this
19    subparagraph.
20        (3) One Director shall be appointed by the Will County
21    Executive with the advice and consent of the Will County
22    Board and shall reside in Will County. To implement the
23    change in appointing authority under this Section, upon the
24    expiration of the term of or vacancy in office of the
25    Director appointed under item (2) of subsection (a) of this
26    Section who resides in Will County, a Director shall be

 

 

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1    appointed under this subparagraph.
2        (4) One Director shall be appointed by the Chairman of
3    the Lake County Board with the advice and consent of the
4    Lake County Board and shall reside in Lake County.
5        (5) One Director shall be appointed by the Chairman of
6    the Kane County Board with the advice and consent of the
7    Kane County Board and shall reside in Kane County.
8        (6) One Director shall be appointed by the Mayor of the
9    City of Chicago with the advice and consent of the City
10    Council of the City of Chicago and shall reside in the City
11    of Chicago. To implement the changes in appointing
12    authority under this Section, upon the expiration of the
13    term of or vacancy in office of the Director appointed
14    under item (4) of subsection (a) of this Section who
15    resides in the City of Chicago, a Director shall be
16    appointed under this subparagraph.
17        (7) Five Directors residing in Cook County outside of
18    the City of Chicago, as follows:
19            (i) One Director who resides in Cook County outside
20        of the City of Chicago, appointed by the President of
21        the Cook County Board with the advice and consent of
22        the members of the Cook County Board.
23            (ii) One Director who resides in the township of
24        Barrington, Palatine, Wheeling, Hanover, Schaumburg,
25        or Elk Grove. To implement the changes in appointing
26        authority under this Section, upon the expiration of

 

 

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1        the term of or vacancy in office of the Director
2        appointed under paragraph (3) of subsection (a) of this
3        Section who resides in the geographic area described in
4        this subparagraph, a Director shall be appointed under
5        this subparagraph.
6            (iii) One Director who resides in the township of
7        Northfield, New Trier, Maine, Niles, Evanston, Leyden,
8        Norwood Park, River Forest, or Oak Park.
9            (iv) One Director who resides in the township of
10        Proviso, Riverside, Berwyn, Cicero, Lyons, Stickney,
11        Lemont, Palos, or Orland. To implement the changes in
12        appointing authority under this Section, upon the
13        expiration of the term of or vacancy in office of the
14        Director appointed under paragraph (3) of subsection
15        (a) of this Section who resides in the geographic area
16        described in this subparagraph and whose term of office
17        had not expired as of August 1, 2007, a Director shall
18        be appointed under this subparagraph.
19            (v) One Director who resides in the township of
20        Worth, Calumet, Bremen, Thornton, Rich, or Bloom. To
21        implement the changes in appointing authority under
22        this Section, upon the expiration of the term of or
23        vacancy in office of the Director appointed under
24        paragraph (3) of subsection (a) of this Section who
25        resides in the geographic area described in this
26        subparagraph and whose term of office had expired as of

 

 

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1        August 1, 2007, a Director shall be appointed under
2        this subparagraph.
3            (vi) The Directors identified under the provisions
4        of subparagraphs (ii) through (v) of this paragraph (7)
5        shall be appointed by the members of the Cook County
6        Board. Each individual Director shall be appointed by
7        those members of the Cook County Board whose Board
8        districts overlap in whole or in part with the
9        geographic territory described in the relevant
10        subparagraph. The vote of County Board members
11        eligible to appoint directors under the provisions of
12        subparagraphs (ii) through (v) of this paragraph (7)
13        shall be weighted by the number of electors residing in
14        those portions of their Board districts within the
15        geographic territory described in the relevant
16        subparagraph (ii) through (v) of this paragraph (7).
17        (8) The Chairman shall be appointed by the Directors,
18    from the members of the Board, with the concurrence of 8 of
19    such Directors. To implement the changes in appointing
20    authority under this Section, upon the expiration of the
21    term of or vacancy in office of the Chairman appointed
22    under item (5) of subsection (a) of this Section, a
23    Chairman shall be appointed under this subparagraph.
24    (c) No director, while serving as such, shall be an
25officer, a member of the board of directors or trustee or an
26employee of any transportation agency, or be an employee of the

 

 

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1State of Illinois or any department or agency thereof, or of
2any county, municipality, or any other unit of local government
3or receive any compensation from any elected or appointed
4office under the Constitution and laws of Illinois.
5    (d) Each appointment made under subsections (a) and (b) of
6this Section and under Section 3B.03 shall be certified by the
7appointing authority to the Commuter Rail Board which shall
8maintain the certifications as part of the official records of
9the Commuter Rail Board.
10(Source: P.A. 95-708, eff. 1-18-08.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.