Full Text of HB0004 95th General Assembly
HB0004 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0004
Introduced 1/19/2007, by Rep. Dan Brady SYNOPSIS AS INTRODUCED: |
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70 ILCS 5/3.1 |
from Ch. 15 1/2, par. 68.3a |
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Amends the Airport Authorities Act. Provides that, for an airport authority containing 2 or more municipalities with a population of 5,000 or more that (i) is not located wholly within the corporate limits of the municipalities, and (ii) does not have physical facilities located wholly within a single county with a population between 600,000 and 3,000,000, 2 commissioners (instead of 1) shall be appointed by each municipality and 3 commissioners shall be appointed at large. Effective immediately.
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A BILL FOR
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HB0004 |
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LRB095 03797 HLH 23827 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 Airport Authorities Act is amended by | 5 |
| changing Section 3.1 as follows:
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| (70 ILCS 5/3.1) (from Ch. 15 1/2, par. 68.3a)
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| Sec. 3.1. Boards of commissioners - Appointment. The Boards | 8 |
| of
Commissioners of Authorities shall be appointed as follows:
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| (1) In case there are one or more municipalities having a | 10 |
| population of
5,000 or more within the Authority, the | 11 |
| commissioners shall be appointed as
follows:
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| (a) Where there is only one such municipality, 3 | 13 |
| commissioners shall be
appointed from such municipality, | 14 |
| and 2 commissioners shall be appointed at
large.
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| (b) Where there are 2 or more such municipalities, 2 | 16 |
| commissioners
one commissioner
shall be appointed from | 17 |
| each such municipality and 3 commissioners shall be | 18 |
| appointed at large; except
that when the physical | 19 |
| facilities of the airport of the Authority are located
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| wholly within a single county with a population between | 21 |
| 600,000 and
3,000,000 there shall be one commissioner | 22 |
| appointed from each municipality
within the corporate | 23 |
| limits of the Authority having 5,000 or more
population and |
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HB0004 |
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LRB095 03797 HLH 23827 b |
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| 5 commissioners appointed at large. If the
Authority is | 2 |
| located wholly within the corporate limits of such
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| municipalities, 2 commissioners shall be appointed from | 4 |
| the one of such
municipalities having the largest | 5 |
| population, and one commissioner shall be
appointed from | 6 |
| each of the other such municipalities, and 2 commissioners
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| shall be appointed at large.
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| (c) Commissioners representing the area within an | 9 |
| Authority located
outside of any municipality having 5,000 | 10 |
| or more population and
commissioners appointed at large | 11 |
| when the authority is wholly contained
within a single | 12 |
| county shall be appointed by the presiding officer of the
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| county board with the advice and consent of the county | 14 |
| board, and when the
physical facilities of the airport of | 15 |
| the Authority are located wholly within
a single county | 16 |
| with a population between 600,000 and 3,000,000 the
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| commissioners appointed at large shall be appointed by the
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| chairman of the county board of such county, and any
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| commissioner representing the area within any such | 20 |
| municipality shall be
appointed by its mayor or the | 21 |
| presiding officer of its governing body. If
however the | 22 |
| district is located in more than one county other than a
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| county with a population between 600,000 and 3,000,000, the | 24 |
| members of the
General Assembly whose legislative | 25 |
| districts encompass any portion of the
Authority shall | 26 |
| appoint the commissioners representing the area within an
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HB0004 |
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LRB095 03797 HLH 23827 b |
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| Authority located outside of any municipality having 5,000 | 2 |
| or more
population and commissioners at large but any | 3 |
| commissioner representing the
area within any such | 4 |
| municipality shall be appointed by its mayor or the
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| presiding officer of its governing body.
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| (d) A commissioner representing the area within any | 7 |
| such municipality
shall reside within its corporate | 8 |
| limits. A commissioner appointed at large may reside
either | 9 |
| within or without any such municipality but must reside | 10 |
| within the
territory of the authority. Should any | 11 |
| commissioner cease to reside within
that part of the | 12 |
| territory he represents, or should the territory in which
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| he resides cease to be a part of the authority, then his | 14 |
| office shall be
deemed vacated, and shall be filled by | 15 |
| appointment for the remainder of the
term as hereinafter | 16 |
| provided.
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| (2) In case there are no municipalities having a population | 18 |
| of 5,000 or
more within such authority located wholly within a | 19 |
| single county, such
order shall so find, and in such case the | 20 |
| Board shall consist of 5
commissioners who shall be appointed | 21 |
| at large by the presiding officer of
the county board with the | 22 |
| advice and consent of the county board. If
however the district | 23 |
| is located in more than one county, the members of the
General | 24 |
| Assembly whose legislative districts encompass any portion of | 25 |
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Authority shall appoint the commissioners at large.
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| (3) Should a municipality which is wholly within an |
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| authority attain, or
should such a municipality be established, | 2 |
| having a population of 5,000 or
more after the entry of said | 3 |
| order by the circuit court, the presiding
officer of such | 4 |
| municipality may petition the circuit court for an order
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| finding and determining the population of such municipality | 6 |
| and, if it is
found and determined upon the hearing of said | 7 |
| petition that the population
of such municipality is 5,000 or | 8 |
| more, the board of commissioners of such
authority as | 9 |
| previously established shall be increased by one commissioner
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| who shall reside within the corporate limits of such | 11 |
| municipality and shall
be appointed by its presiding officer. | 12 |
| The initial commissioner so
appointed shall serve for a term of | 13 |
| 1, 2, 3, 4 or 5 years, as may be
determined by lot, and his | 14 |
| successors shall be similarly appointed and
shall serve for | 15 |
| terms of 5 years. All provisions of this section applicable
to | 16 |
| commissioners representing municipal areas shall apply to any | 17 |
| such
commissioner. Each such commissioner shall reside within | 18 |
| the authority and
shall continue to reside therein.
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| (4) Notwithstanding any other provision of this Section, | 20 |
| the Board of
Commissioners of a Metropolitan Airport Authority | 21 |
| shall consist of 9
commissioners.
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| Seven commissioners shall be residents of the county with
a | 23 |
| population between 600,000 and 3,000,000 within which the | 24 |
| Metropolitan
Airport Authority was established. These | 25 |
| commissioners shall be
appointed by the county board chairman | 26 |
| of the county
with a population between 600,000 and 3,000,000 |
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LRB095 03797 HLH 23827 b |
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| within which the
Metropolitan Airport Authority was | 2 |
| established, with the advice and
consent of the county board of | 3 |
| that county.
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| Two commissioners shall be residents of the territory of | 5 |
| the Authority
located outside the county with a population | 6 |
| between 600,000 and 3,000,000.
These commissioners shall be | 7 |
| appointed jointly by the mayors of the
municipalities having a | 8 |
| population over 5,000 that are located outside the
county with | 9 |
| a population between 600,000 and 3,000,000, with the advice and
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| consent of the governing bodies of those municipalities.
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| The transition from the pre-existing composition of the | 12 |
| Metropolitan
Airport Authority Board of Commissioners to the | 13 |
| composition specified in
this amendatory Act of 1991 shall be | 14 |
| accomplished as follows:
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| (A) The appointee who was required to be a resident of | 16 |
| the area
outside of the county with a population between | 17 |
| 600,000 and 3,000,000 may
serve until his or her term | 18 |
| expires. The replacement shall be one of the 2
appointees | 19 |
| who shall be residents of the territory of the Authority | 20 |
| located
outside the county with a population between | 21 |
| 600,000 and 3,000,000.
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| (B) The other 8 commissioners may serve until their | 23 |
| terms expire. Upon
the occurrence of the second vacancy | 24 |
| among these 8 commissioners after the
effective date of | 25 |
| this amendatory Act of 1991, the replacement shall be the
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| second of the 2 appointees who shall be residents of the |
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| territory of the
Authority located outside of the county | 2 |
| with a population between 600,000
and 3,000,000. Upon the | 3 |
| expiration of the terms of the other 7
commissioners, the | 4 |
| replacements shall be residents of the county with a
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| population between 600,000 and 3,000,000.
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| (C) All commissioners appointed after the effective | 7 |
| date of this
amendatory Act of 1991, and their successors, | 8 |
| shall be appointed in the
manner set forth in this | 9 |
| amendatory Act of 1991.
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| (Source: P.A. 94-466, eff. 1-1-06.)
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| Section 99. Effective date. This Act takes effect upon | 12 |
| becoming law.
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