HB3726 94TH GENERAL ASSEMBLY

LRB094 11136 EFG 41770 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB3726

Introduced 2/24/2005, by Rep. Jack D. Franks

SYNOPSIS AS INTRODUCED:

10 ILCS 5/2A-1.2	from Ch. 46, par. 2A-1.2
10 ILCS 5/2A-56 new
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
70 ILCS 3615/3B.06	from Ch. 111 2/3, par. 703B.06
70 ILCS 3615/3B.07	from Ch. 111 2/3, par. 703B.07
70 ILCS 3615/3B.12	from Ch. 111 2/3, par. 703B.12

Amends the Election Code and the Regional Transportation Authority Act. Provides for the nonpartisan election of members of the Commuter Rail Board, beginning at the consolidated election in 2007. Adds 2 additional members, and makes a pro rata reduction in member salaries. Makes other changes. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning public transportation.

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

Section 5. The Election Code is amended by changing Section 2A-1.2 and by adding Section 2A-56 as follows:

(10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)

Sec. 2A-1.2. Consolidated Schedule of Elections - Offices Designated.

(a) At the general election in the appropriate even-numbered years, the following offices shall be filled or shall be on the ballot as otherwise required by this Code:

(1) Elector of President and Vice President of the United States;

(2) United States Senator and United States Representative;

(3) State Executive Branch elected officers;

(4) State Senator and State Representative;

(5) County elected officers, including State's Attorney, County Board member, County Commissioners, and elected President of the County Board or County Chief Executive;

(6) Circuit Court Clerk;

(7) Regional Superintendent of Schools, except in counties or educational service regions in which that office has been abolished;

(8) Judges of the Supreme, Appellate and Circuit Courts, on the question of retention, to fill vacancies and newly created judicial offices;

(9) (Blank);

(10) Trustee of the Metropolitan Sanitary District of Chicago, and elected Trustee of other Sanitary Districts;

(11) Special District elected officers, not otherwise designated in this Section, where the statute creating or authorizing the creation of the district requires an annual election and permits or requires election of candidates of political parties.

(b) At the general primary election:

(1) in each even-numbered year candidates of political parties shall be nominated for those offices to be filled at the general election in that year, except where pursuant to law nomination of candidates of political parties is made by caucus.

(2) in the appropriate even-numbered years the political party offices of State central committeeman, township committeeman, ward committeeman, and precinct committeeman shall be filled and delegates and alternate delegates to the National nominating conventions shall be elected as may be required pursuant to this Code. In the even-numbered years in which a Presidential election is to be held, candidates in the Presidential preference primary shall also be on the ballot.

(3) in each even-numbered year, where the municipality has provided for annual elections to elect municipal officers pursuant to Section 6(f) or Section 7 of Article VII of the Constitution, pursuant to the Illinois Municipal Code or pursuant to the municipal charter, the offices of such municipal officers shall be filled at an election held on the date of the general primary election, provided that the municipal election shall be a nonpartisan election where required by the Illinois Municipal Code. For partisan municipal elections in even-numbered years, a primary to nominate candidates for municipal office to be elected at the general primary election shall be held on the Tuesday 6 weeks preceding that election.

(4) in each school district which has adopted the provisions of Article 33 of the School Code, successors to the members of the board of education whose terms expire in the year in which the general primary is held shall be elected.

(c) At the consolidated election in the appropriate odd-numbered years, the following offices shall be filled:

(1) Municipal officers, provided that in municipalities in which candidates for alderman or other municipal office are not permitted by law to be candidates of political parties, the runoff election where required by law, or the nonpartisan election where required by law, shall be held on the date of the consolidated election; and provided further, in the case of municipal officers provided for by an ordinance providing the form of government of the municipality pursuant to Section 7 of Article VII of the Constitution, such offices shall be filled by election or by runoff election as may be provided by such ordinance;

(2) Village and incorporated town library directors;

(3) City boards of stadium commissioners;

(4) Commissioners of park districts;

(5) Trustees of public library districts;

(6) Special District elected officers, not otherwise designated in this section, where the statute creating or authorizing the creation of the district permits or requires election of candidates of political parties;

(7) Township officers, including township park commissioners, township library directors, and boards of managers of community buildings, and Multi-Township Assessors;

(8) Highway commissioners and road district clerks;

(9) Members of school boards in school districts which adopt Article 33 of the School Code;

(10) The directors and chairman of the Chain O Lakes - Fox River Waterway Management Agency;

(11) Forest preserve district commissioners elected under Section 3.5 of the Downstate Forest Preserve District Act;

(11.5) Members of the Commuter Rail Board;

(12) Elected members of school boards, school trustees, directors of boards of school directors, trustees of county boards of school trustees (except in counties or educational service regions having a population of 2,000,000 or more inhabitants) and members of boards of school inspectors, except school boards in school districts that adopt Article 33 of the School Code;

(13) Members of Community College district boards;

(14) Trustees of Fire Protection Districts;

(15) Commissioners of the Springfield Metropolitan Exposition and Auditorium Authority;

(16) Elected Trustees of Tuberculosis Sanitarium Districts;

(17) Elected Officers of special districts not otherwise designated in this Section for which the law governing those districts does not permit candidates of political parties.

(d) At the consolidated primary election in each odd-numbered year, candidates of political parties shall be nominated for those offices to be filled at the consolidated election in that year, except where pursuant to law nomination of candidates of political parties is made by caucus, and except those offices listed in paragraphs (12) through (17) of subsection (c).

At the consolidated primary election in the appropriate odd-numbered years, the mayor, clerk, treasurer, and aldermen shall be elected in municipalities in which candidates for mayor, clerk, treasurer, or alderman are not permitted by law to be candidates of political parties, subject to runoff elections to be held at the consolidated election as may be required by law, and municipal officers shall be nominated in a nonpartisan election in municipalities in which pursuant to law candidates for such office are not permitted to be candidates of political parties.

At the consolidated primary election in the appropriate odd-numbered years, municipal officers shall be nominated or elected, or elected subject to a runoff, as may be provided by an ordinance providing a form of government of the municipality pursuant to Section 7 of Article VII of the Constitution.

(e) (Blank).

(f) At any election established in Section 2A-1.1, public questions may be submitted to voters pursuant to this Code and any special election otherwise required or authorized by law or by court order may be conducted pursuant to this Code.

Notwithstanding the regular dates for election of officers established in this Article, whenever a referendum is held for the establishment of a political subdivision whose officers are to be elected, the initial officers shall be elected at the election at which such referendum is held if otherwise so provided by law. In such cases, the election of the initial officers shall be subject to the referendum.

Notwithstanding the regular dates for election of officials established in this Article, any community college district which becomes effective by operation of law pursuant to Section 6-6.1 of the Public Community College Act, as now or hereafter amended, shall elect the initial district board members at the next regularly scheduled election following the effective date of the new district.

(g) At any election established in Section 2A-1.1, if in any precinct there are no offices or public questions required to be on the ballot under this Code then no election shall be held in the precinct on that date.

(h) There may be conducted a referendum in accordance with the provisions of Division 6-4 of the Counties Code.

(Source: P.A. 89-5, eff. 1-1-96; 89-95, eff. 1-1-96; 89-626, eff. 8-9-96; 90-358, eff. 1-1-98.)

(10 ILCS 5/2A-56 new)

Sec. 2A-56. A Commuter Rail Board member under Section 3B.02 of the Regional Transportation Authority Act shall be elected at the consolidated election to succeed each incumbent Commuter Rail Board member whose term expires before the following consolidated election.

Section 10. The Regional Transportation Authority Act is amended by changing Sections 3B.02, 3B.03, 3B.06, 3B.07, and 3B.12 as follows:

(70 ILCS 3615/3B.02) (from Ch. 111 2/3, par. 703B.02)

Sec. 3B.02. Commuter Rail Board.

(1) Until May 1, 2007, the The governing body of the Commuter Rail Division shall be a board consisting of 7 directors appointed pursuant to Sections 3B.03 and 3B.04 and subject to the provisions of this subsection (1), as follows:

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

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

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

(d) One director appointed by the Mayor of the City of Chicago, with the advice and consent of the City Council of the City of Chicago. Such director shall reside in the City of Chicago.

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

No director, while serving as such, shall be an officer, a member of the board of directors or trustee or an employee of any transportation agency, or be an employee of the State of Illinois or any department or agency thereof, or of any unit of local government or receive any compensation from any elected or appointed office under the Constitution and laws of Illinois.

Each appointment made under paragraphs (a) through (d) of this subsection (1) and under Section 3B.03 shall be certified by the appointing authority to the Commuter Rail Board which shall maintain the certifications as part of the official records of the Commuter Rail Board; provided that the initial appointments shall be certified to the Secretary of State, who shall transmit the certifications to the Commuter Rail Board following its organization.

Appointments to the Commuter Rail Board shall be apportioned so as to represent the City of Chicago, that part of Cook County outside of the City of Chicago, and DuPage County and that part of the metropolitan region other than Cook and DuPage Counties based on morning boardings of the services provided by the Commuter Rail Division as certified to the Board of the Authority by the Commuter Rail Board, provided however that the Mayor of the City of Chicago shall appoint no fewer than 1 member of the Commuter Rail Board. Within two years after each federal decennial census, the Board of the Authority shall review the composition of the Commuter Rail Board and, if change is needed to comply with this requirement, shall provide for the necessary reapportionment by July 1 of the second year after such census. Insofar as may be practicable, the changes in board membership necessary to achieve this purpose shall take effect as appropriate members terms expire, no member's term being reduced by reason of such revision of the composition of the Commuter Rail Board.

Notwithstanding any other provision of this Act, however, the terms of all members of the Commuter Rail Board serving on April 30, 2007 shall terminate at the close of business on that day, and the Commuter Rail Board shall thereupon be reconstituted as provided in subsection (2) of this Section.

(2) Beginning May 1, 2007, the governing body of the Commuter Rail Division shall be a board consisting of 9 directors elected as follows:

(a) One director shall be elected by the electors of the City of Chicago, and shall represent and reside in the City of Chicago;

(b) Three directors shall be elected by the electors of that part of Cook County outside the City of Chicago, and shall represent and reside in that part of Cook County;

(c) One director shall be elected by the electors of DuPage County, and shall represent and reside in DuPage County;

(d) One director shall be elected by the electors of Kane County, and shall represent and reside in Kane County;

(e) One director shall be elected by the electors of Lake County, and shall represent and reside in Lake County;

(f) One director shall be elected by the electors of McHenry County, and shall represent and reside in McHenry County;

(g) One director shall be elected by the electors of Will County, and shall represent and reside in Will County.

The chairman shall be appointed by the directors, from the members of the board, with the concurrence of at least 6 of the directors.

No director, while serving as such, shall be an officer, a member of the board of directors or trustees, or an employee of any transportation agency, or be an employee of the State of Illinois or any department or agency thereof, or of any unit of local government, or receive any compensation from any other elected or appointed office under the Constitution and laws of Illinois.

The directors provided for in this subsection (2) shall be nominated and elected on a nonpartisan basis as provided in Section 3B.03 of this Act and in the Election Code.

(Source: P.A. 83-886.)

(70 ILCS 3615/3B.03) (from Ch. 111 2/3, par. 703B.03)

Sec. 3B.03. Terms, Elections, Vacancies.

(1) This subsection (1) applies only to directors appointed under subsection (1) of Section 3B.02.

The initial term of the director appointed pursuant to subdivision (1)(a) of Section 3B.02 and the initial term of one of the directors appointed pursuant to subdivision (1)(b) of Section 3B.02 shall expire on June 30, 1985; the initial term of one of the directors appointed pursuant to subdivision (1)(b) of Section 3B.02 and the initial term of one of the directors appointed pursuant to subdivision (1)(c) of Section 3B.02 shall expire on June 30, 1986; the initial terms of two of the directors appointed pursuant to subdivision (1)(c) of Section 3B.02 shall expire on June 30, 1987; the initial term of the director appointed pursuant to subdivision (1)(d) of Section 3B.02 shall expire on June 30, 1988. Thereafter, each director shall be appointed for a term of 4 years, and until his successor has been appointed and qualified.

A vacancy shall occur upon the resignation, death, conviction of a felony, or removal from office of a director. Any appointed director may be removed from office upon the concurrence of not less than 6 directors, on a formal finding of incompetence, neglect of duty, or malfeasance in office. Within 30 days after the office of any appointed director becomes vacant for any reason other than the termination of appointed directors under subsection (1) of Section 3B.02, the appropriate appointing authorities of such director, as provided in subsection (1) of Section 3B.02, shall make an appointment to fill the vacancy. A vacancy shall be filled for the unexpired term.

(2) The directors provided for in subsection (2) of Section 3B.02 shall be elected on a nonpartisan basis at the consolidated election, beginning in 2007.

Nomination shall be by petition, signed by at least 0.1% of the registered voters of the area to be represented, filed with the appropriate election authority in accordance with the general election law. In elections for directors representing that part of Cook County outside the City of Chicago, when more than one such director is to be elected, the electors may vote for as many candidates as there are directors to be elected, but may not give any one candidate more than one vote.

Of the directors elected in 2007, (i) the directors described in items (c), (e), and (g) of subsection (2) of Section 3B.02, and the director described in item (b) thereof who receives the greatest number of votes in the consolidated election, shall be elected for terms of 4 years; and (ii) the directors described in items (a), (d), and (f) of subsection (2) of Section 3B.02, and the 2 directors described in item (b) thereof who receive the second and third greatest number of votes, shall be elected for terms of 2 years. Thereafter, all directors shall be elected for terms of 4 years. All terms shall begin on May 1, and directors shall continue to serve until their successors are elected and have qualified.

(3) Beginning May 1, 2007, a vacancy shall be filled for the remainder of the term by a person appointed by the county board chairman of the county represented by the director causing the vacancy, or in the case of the director representing the City of Chicago, by the Mayor of the City of Chicago.

(Source: P.A. 84-939.)

(70 ILCS 3615/3B.06) (from Ch. 111 2/3, par. 703B.06)

Sec. 3B.06. Compensation. The Chairman of the Commuter Rail Board shall receive an annual salary of $25,000. Until May 1, 2007, Other members of the Commuter Rail Board other than the chairman shall receive an annual salary of $15,000. Beginning May 1, 2007, members of the Commuter Rail Board other than the chairman shall receive an annual salary of $11,250. Each member shall be reimbursed for actual expenses incurred in the performance of his duties.

Officers of the Division shall not be required to comply with the requirements of the Public Funds Statement Publication Act "An Act requiring certain custodians of public monies to file and publish statements of the receipts and disbursements thereof", approved June 24, 1919, as now or hereafter amended.

(Source: P.A. 83-1156.)

(70 ILCS 3615/3B.07) (from Ch. 111 2/3, par. 703B.07)

Sec. 3B.07. Meetings. The Commuter Rail Board shall prescribe the times and places for meetings and the manner in which special meetings may be called. The Commuter Rail Board shall comply in all respects with the "Open Meetings Act", as now or hereafter amended. All records, documents and papers of the Commuter Rail Division, other than those relating to matters concerning which closed sessions of the Commuter Rail Board may be held, shall be available for public examination, subject to such reasonable regulations as the board may adopt.

A majority of the members shall constitute a quorum for the conduct of business. Until May 1, 2007, the The affirmative votes of at least 4 members shall be necessary for any action required by this Act to be taken by ordinance. Beginning May 1, 2007, the affirmative votes of at least 5 members shall be necessary for any action required by this Act to be taken by ordinance.

(Source: P.A. 83-886.)

(70 ILCS 3615/3B.12) (from Ch. 111 2/3, par. 703B.12)

Sec. 3B.12. Working Cash Borrowing. The Commuter Rail Board with the affirmative vote of at least two-thirds of 5 of its Directors may demand and direct the Board of the Authority to issue Working Cash Notes at such time and in such amounts and having such maturities as the Commuter Rail Board deems proper, provided however any such borrowing shall have been specifically identified in the budget of the Commuter Rail Board as approved by the Board of the Authority. Provided further, that the Commuter Rail Board may not demand and direct the Board of the Authority to have issued and have outstanding at any time in excess of $20,000,000 in Working Cash Notes.

(Source: P.A. 83-886.)

Section 99. Effective date. This Act takes effect upon becoming law.