Illinois General Assembly - Full Text of HB3659
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Full Text of HB3659  98th General Assembly

HB3659ham001 98TH GENERAL ASSEMBLY

Rep. Jack D. Franks

Filed: 2/24/2014

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3659

2    AMENDMENT NO. ______. Amend House Bill 3659 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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

 

 

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1compensation or an office in the National Guard. No employee of
2the Authority shall hold any other office or employment under
3the Federal, State or any County or any municipal government,
4or any other unit of local government, except an office with
5compensation not exceeding $15,000 annually or a position in
6the National Guard or the United States military reserves.
7Provided, however, that the Chairman may be a member of the
8Board of the Regional Transportation Authority. No member of
9the Board or employee of the Authority shall have any private
10financial interest, profit or benefit in any contract, work or
11business of the Authority nor in the sale or lease of any
12property to or from the Authority. The salary of each member of
13the initial Board shall be $15,000.00 per annum, and such
14salary shall not be increased or diminished during his or her
15term of office. The salaries of successor members of the Board
16shall be fixed by the Board and shall not be increased or
17diminished during their respective terms of office. No Board
18member shall be allowed any fees, perquisites or emoluments,
19reward or compensation for his or her services as a member or
20officer of the Authority aside from his or her salary or
21pension, but he or she shall be reimbursed for actual expenses
22incurred by him or her in the performance of his or her duties.
23(Source: P.A. 95-968, eff. 1-1-09.)
 
24    Section 10. The Regional Transportation Authority Act is
25amended by changing Sections 3.01 and 3B.02 as follows:
 

 

 

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1    (70 ILCS 3615/3.01)  (from Ch. 111 2/3, par. 703.01)
2    Sec. 3.01. Board of Directors. The corporate authorities
3and governing body of the Authority shall be a Board consisting
4of 13 Directors until April 1, 2008, and 16 Directors
5thereafter, appointed as follows:
6    (a) Four Directors appointed by the Mayor of the City of
7Chicago, with the advice and consent of the City Council of the
8City of Chicago, and, only until April 1, 2008, a fifth
9director who shall be the Chairman of the Chicago Transit
10Authority. After April 1, 2008, the Mayor of the City of
11Chicago, with the advice and consent of the City Council of the
12City of Chicago, shall appoint a fifth Director. The Directors
13appointed by the Mayor of the City of Chicago shall not be the
14Chairman or a Director of the Chicago Transit Authority. Each
15such Director shall reside in the City of Chicago.
16    (b) Four Directors appointed by the votes of a majority of
17the members of the Cook County Board elected from districts, a
18majority of the electors of which reside outside Chicago. After
19April 1, 2008, a fifth Director appointed by the President of
20the Cook County Board with the advice and consent of the
21members of the Cook County Board. Each Director appointed under
22this subparagraph shall reside in that part of Cook County
23outside Chicago.
24    (c) Until April 1, 2008, 3 Directors appointed by the
25Chairmen of the County Boards of DuPage, Kane, Lake, McHenry,

 

 

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1and Will Counties, as follows:
2        (i) Two Directors appointed by the Chairmen of the
3    county boards of Kane, Lake, McHenry and Will Counties,
4    with the concurrence of not less than a majority of the
5    Chairmen from such counties, from nominees by the Chairmen.
6    Each such Chairman may nominate not more than 2 persons for
7    each position. Each such Director shall reside in a county
8    in the metropolitan region other than Cook or DuPage
9    Counties.
10        (ii) One Director appointed by the Chairman of the
11    DuPage County Board with the advice and consent of the
12    DuPage County Board. Such Director shall reside in DuPage
13    County.
14    (d) After April 1, 2008, 5 Directors appointed by the
15Chairmen of the County Boards of DuPage, Kane, Lake and McHenry
16Counties and the County Executive of Will County, as follows:
17        (i) One Director appointed by the Chairman of the Kane
18    County Board with the advice and consent of the Kane County
19    Board. Such Director shall reside in Kane County.
20        (ii) One Director appointed by the County Executive of
21    Will County with the advice and consent of the Will County
22    Board. Such Director shall reside in Will County.
23        (iii) One Director appointed by the Chairman of the
24    DuPage County Board with the advice and consent of the
25    DuPage County Board. Such Director shall reside in DuPage
26    County.

 

 

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1        (iv) One Director appointed by the Chairman of the Lake
2    County Board with the advice and consent of the Lake County
3    Board. Such Director shall reside in Lake County.
4        (v) One Director appointed by the Chairman of the
5    McHenry County Board with the advice and consent of the
6    McHenry County Board. Such Director shall reside in McHenry
7    County.
8        (vi) To implement the changes in appointing authority
9    under this subparagraph (d) the three Directors appointed
10    under subparagraph (c) and residing in Lake County, DuPage
11    County, and Kane County respectively shall each continue to
12    serve as Director until the expiration of their respective
13    term of office and until his or her successor is appointed
14    and qualified or a vacancy occurs in the office. Thereupon,
15    the appointment shall be made by the officials given
16    appointing authority with respect to the Director whose
17    term has expired or office has become vacant.
18    (e) The Chairman serving on the effective date of this
19amendatory Act of the 95th General Assembly shall continue to
20serve as Chairman until the expiration of his or her term of
21office and until his or her successor is appointed and
22qualified or a vacancy occurs in the office. Upon the
23expiration or vacancy of the term of the Chairman then serving
24upon the effective date of this amendatory Act of the 95th
25General Assembly, the Chairman shall be appointed by the other
26Directors, by the affirmative vote of at least 11 of the then

 

 

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1Directors with at least 2 affirmative votes from Directors who
2reside in the City of Chicago, at least 2 affirmative votes
3from Directors who reside in Cook County outside the City of
4Chicago, and at least 2 affirmative votes from Directors who
5reside in the Counties of DuPage, Lake, Will, Kane, or McHenry.
6The chairman shall not be appointed from among the other
7Directors. The chairman shall be a resident of the metropolitan
8region.
9    (f) Except as otherwise provided by this Act no Director
10shall, while serving as such, be an officer, a member of the
11Board of Directors or Trustees or an employee of any Service
12Board or transportation agency, or be an employee of the State
13of Illinois or any department or agency thereof, or of any
14municipality, county, or any other unit of local government or
15receive any compensation from any elected or appointed office
16under the Constitution and laws of Illinois; except that a
17Director may be a member of a school board.
18    (g) Each appointment made under this Section and under
19Section 3.03 shall be certified by the appointing authority to
20the Board, which shall maintain the certifications as part of
21the official records of the Authority.
22    (h) (Blank).
23(Source: P.A. 95-708, eff. 1-18-08.)
 
24    (70 ILCS 3615/3B.02)  (from Ch. 111 2/3, par. 703B.02)
25    Sec. 3B.02. Commuter Rail Board.

 

 

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1    (a) Until April 1, 2008, the governing body of the Commuter
2Rail Division shall be a board consisting of 7 directors
3appointed pursuant to Sections 3B.03 and 3B.04, as follows:
4        (1) One director shall be appointed by the Chairman of
5    the Board of DuPage County with the advice and consent of
6    the County Board of DuPage County and shall reside in
7    DuPage County.
8        (2) Two directors appointed by the Chairmen of the
9    County Boards of Kane, Lake, McHenry and Will Counties with
10    the concurrence of not less than a majority of the chairmen
11    from such counties, from nominees by the Chairmen. Each
12    such chairman may nominate not more than two persons for
13    each position. Each such director shall reside in a county
14    in the metropolitan region other than Cook or DuPage
15    County.
16        (3) Three directors appointed by the members of the
17    Cook County Board elected from that part of Cook County
18    outside of Chicago, or, in the event such Board of
19    Commissioners becomes elected from single member
20    districts, by those Commissioners elected from districts,
21    a majority of the residents of which reside outside
22    Chicago. In either case, such appointment shall be with the
23    concurrence of four such Commissioners. Each such director
24    shall reside in that part of Cook County outside Chicago.
25        (4) One director appointed by the Mayor of the City of
26    Chicago, with the advice and consent of the City Council of

 

 

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1    the City of Chicago. Such director shall reside in the City
2    of Chicago.
3        (5) The chairman shall be appointed by the directors,
4    from the members of the board, with the concurrence of 5 of
5    such directors.
6    (b) After April 1, 2008 the governing body of the Commuter
7Rail Division shall be a board consisting of 11 directors
8appointed, pursuant to Sections 3B.03 and 3B.04, as follows:
9        (1) One Director shall be appointed by the Chairman of
10    the DuPage County Board with the advice and consent of the
11    DuPage County Board and shall reside in DuPage County. To
12    implement the changes in appointing authority under this
13    Section, upon the expiration of the term of or vacancy in
14    office of the Director appointed under item (1) of
15    subsection (a) of this Section who resides in DuPage
16    County, a Director shall be appointed under this
17    subparagraph.
18        (2) One Director shall be appointed by the Chairman of
19    the McHenry County Board with the advice and consent of the
20    McHenry County Board and shall reside in McHenry County. To
21    implement the change in appointing authority under this
22    Section, upon the expiration of the term of or vacancy in
23    office of the Director appointed under item (2) of
24    subsection (a) of this Section who resides in McHenry
25    County, a Director shall be appointed under this
26    subparagraph.

 

 

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

 

 

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1        of the City of Chicago, appointed by the President of
2        the Cook County Board with the advice and consent of
3        the members of the Cook County Board.
4            (ii) One Director who resides in the township of
5        Barrington, Palatine, Wheeling, Hanover, Schaumburg,
6        or Elk Grove. To implement the changes in appointing
7        authority under this Section, upon the expiration of
8        the term of or vacancy in office of the Director
9        appointed under paragraph (3) of subsection (a) of this
10        Section who resides in the geographic area described in
11        this subparagraph, a Director shall be appointed under
12        this subparagraph.
13            (iii) One Director who resides in the township of
14        Northfield, New Trier, Maine, Niles, Evanston, Leyden,
15        Norwood Park, River Forest, or Oak Park.
16            (iv) One Director who resides in the township of
17        Proviso, Riverside, Berwyn, Cicero, Lyons, Stickney,
18        Lemont, Palos, or Orland. To implement the changes in
19        appointing authority under this Section, upon the
20        expiration of the term of or vacancy in office of the
21        Director appointed under paragraph (3) of subsection
22        (a) of this Section who resides in the geographic area
23        described in this subparagraph and whose term of office
24        had not expired as of August 1, 2007, a Director shall
25        be appointed under this subparagraph.
26            (v) One Director who resides in the township of

 

 

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1        Worth, Calumet, Bremen, Thornton, Rich, or Bloom. To
2        implement the changes in appointing authority under
3        this Section, upon the expiration of the term of or
4        vacancy in office of the Director appointed under
5        paragraph (3) of subsection (a) of this Section who
6        resides in the geographic area described in this
7        subparagraph and whose term of office had expired as of
8        August 1, 2007, a Director shall be appointed under
9        this subparagraph.
10            (vi) The Directors identified under the provisions
11        of subparagraphs (ii) through (v) of this paragraph (7)
12        shall be appointed by the members of the Cook County
13        Board. Each individual Director shall be appointed by
14        those members of the Cook County Board whose Board
15        districts overlap in whole or in part with the
16        geographic territory described in the relevant
17        subparagraph. The vote of County Board members
18        eligible to appoint directors under the provisions of
19        subparagraphs (ii) through (v) of this paragraph (7)
20        shall be weighted by the number of electors residing in
21        those portions of their Board districts within the
22        geographic territory described in the relevant
23        subparagraph (ii) through (v) of this paragraph (7).
24        (8) The Chairman shall be appointed by the Directors,
25    from the members of the Board, with the concurrence of 8 of
26    such Directors. To implement the changes in appointing

 

 

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1    authority under this Section, upon the expiration of the
2    term of or vacancy in office of the Chairman appointed
3    under item (5) of subsection (a) of this Section, a
4    Chairman shall be appointed under this subparagraph.
5    (c) No director, while serving as such, shall be an
6officer, a member of the board of directors or trustee or an
7employee of any transportation agency, or be an employee of the
8State of Illinois or any department or agency thereof, or of
9any county, municipality, or any other unit of local government
10or receive any compensation from any elected or appointed
11office under the Constitution and laws of Illinois.
12    (d) Each appointment made under subsections (a) and (b) of
13this Section and under Section 3B.03 shall be certified by the
14appointing authority to the Commuter Rail Board which shall
15maintain the certifications as part of the official records of
16the Commuter Rail Board.
17(Source: P.A. 95-708, eff. 1-18-08.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.".