Full Text of HB3659 98th General Assembly
HB3659enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Metropolitan Transit Authority Act is | 5 | | amended 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, | 9 | | property and rights
useful for transportation of passengers for | 10 | | hire except taxicabs and
includes, without limiting the | 11 | | generality of the foregoing, street
railways, elevated | 12 | | railroads, subways and underground railroads, motor
vehicles, | 13 | | trolley buses, motor buses and any combination thereof.
| 14 | | "Metropolitan area of Cook County" embraces all the | 15 | | territory in the
County of Cook, State of Illinois East of the | 16 | | east line of Range Eleven
(11), East of the Third Principal | 17 | | Meridian of the United States Government
survey.
| 18 | | "Metropolitan area" means the metropolitan area of Cook | 19 | | County, as above
defined.
| 20 | | "Authority" means Chicago Transit Authority created by | 21 | | this 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 | 3 | | self-propelled or which is
propelled by electric power obtained | 4 | | from overhead trolley wires but not
operated on rails. | 5 | | "Municipal government" means a "municipality" as defined | 6 | | in Section 1 of Article VII of the Illinois Constitution. | 7 | | "Unit of local government" has the meaning ascribed to it | 8 | | in 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 | 12 | | Authority shall be a
board consisting of seven members, to be | 13 | | known as Chicago Transit Board.
Members of the Board shall be | 14 | | residents of the metropolitan area and persons of
recognized | 15 | | business ability. No member of the Board of the
Authority shall | 16 | | hold any other office or employment under the Federal,
State or | 17 | | any County or any municipal government , or any other unit of | 18 | | local government, except an honorary office
without | 19 | | compensation or an office in the National Guard. No employee of
| 20 | | the Authority shall hold any other office or employment under | 21 | | the Federal,
State or any County or any municipal government , | 22 | | or any other unit of local government, except an office with
| 23 | | compensation not exceeding $15,000 annually or a position in | 24 | | the National
Guard or the United States military reserves. | 25 | | Provided, however,
that the Chairman may be a member of the |
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| 1 | | Board of the Regional Transportation
Authority. No member of | 2 | | the
Board or employee of the Authority shall have any private | 3 | | financial
interest, profit or benefit in any contract, work or | 4 | | business of the
Authority nor in the sale or lease of any | 5 | | property to or from the
Authority. The salary of each member of | 6 | | the initial Board shall be
$15,000.00 per annum, and such | 7 | | salary shall not be increased or diminished
during his or her | 8 | | term of office. The salaries of successor members of the
Board | 9 | | shall be fixed by the Board and shall not be increased or | 10 | | diminished
during their respective terms of office. No Board | 11 | | member shall be allowed
any fees, perquisites or emoluments, | 12 | | reward or compensation for his or her
services as a member or | 13 | | officer of the Authority aside from his or her
salary or | 14 | | pension, but he or she shall be reimbursed for actual expenses
| 15 | | incurred 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 | 18 | | amended 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 | 21 | | and governing body of the Authority shall
be a Board consisting | 22 | | of 13 Directors until April 1, 2008, and 16 Directors | 23 | | thereafter, appointed as follows:
| 24 | | (a) Four Directors appointed by the Mayor of the City of
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| 1 | | Chicago, with the advice and consent of the City Council of the | 2 | | City of
Chicago, and, only until April 1, 2008, a fifth | 3 | | director who shall be the Chairman of the Chicago
Transit | 4 | | Authority. After April 1, 2008, the Mayor of the City of | 5 | | Chicago, with the advice and consent of the City Council of the | 6 | | City of Chicago, shall appoint a fifth Director. The Directors | 7 | | appointed by the Mayor of the City of Chicago shall not be the | 8 | | Chairman or a Director of the Chicago Transit Authority. Each | 9 | | such Director shall reside in the City of Chicago.
| 10 | | (b) Four Directors appointed by the votes of a majority of | 11 | | the members of the Cook County Board
elected from districts, a | 12 | | majority of
the electors of which reside outside Chicago. After | 13 | | April 1, 2008, a fifth Director appointed by the President of | 14 | | the Cook County Board with the advice and consent of the | 15 | | members of the Cook County Board.
Each Director appointed under | 16 | | this subparagraph shall reside in that part of Cook County | 17 | | outside
Chicago.
| 18 | | (c) Until April 1, 2008, 3 Directors appointed by the | 19 | | Chairmen of the County Boards of DuPage, Kane, Lake, McHenry, | 20 | | and 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 | 8 | | Chairmen of the County Boards of DuPage, Kane, Lake and McHenry | 9 | | Counties 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 | 12 | | amendatory Act of the 95th General Assembly shall continue to | 13 | | serve as Chairman until the expiration of his or her term of | 14 | | office and until his or her successor is appointed and | 15 | | qualified or a vacancy occurs in the office. Upon the | 16 | | expiration or vacancy of the term of the Chairman then serving | 17 | | upon the effective date of this amendatory Act of the 95th | 18 | | General Assembly, the Chairman shall be appointed by the other | 19 | | Directors, by the affirmative vote of at least 11 of the then | 20 | | Directors with at least 2 affirmative votes from Directors who | 21 | | reside in the City of Chicago, at least 2 affirmative votes | 22 | | from Directors who reside in Cook County outside the City of | 23 | | Chicago, and at least 2 affirmative votes from Directors who | 24 | | reside in the Counties of DuPage, Lake, Will, Kane, or McHenry. | 25 | | The
chairman shall not be appointed from among the other | 26 | | Directors. The chairman
shall be a resident of the metropolitan |
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| 1 | | region.
| 2 | | (f) Except as otherwise provided by this Act no Director
| 3 | | shall, while serving as such, be an officer,
a member of the | 4 | | Board of Directors or Trustees or an employee of any Service | 5 | | Board or transportation
agency, or be an employee of the State | 6 | | of Illinois or any department or
agency thereof, or of any | 7 | | municipality, county, or any other unit of local government or | 8 | | receive any compensation
from any elected or appointed office | 9 | | under the Constitution and laws of
Illinois; except that a | 10 | | Director may be a member of a school board.
| 11 | | (g) Each appointment made under this Section and
under | 12 | | Section 3.03 shall be certified by the appointing authority to | 13 | | the
Board, which shall maintain the certifications as part of | 14 | | the 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
| 20 | | Rail Division shall be a board consisting of 7 directors | 21 | | appointed 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 | 26 | | Rail Division shall be a board consisting of 11 directors |
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| 1 | | appointed, 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 | 25 | | officer, a member of the
board of directors or trustee or an | 26 | | employee of any transportation agency,
or be an employee of the |
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| 1 | | State of Illinois or any department or agency thereof,
or of | 2 | | any county, municipality, or any other unit of local government | 3 | | or receive any compensation from any
elected or appointed | 4 | | office under the Constitution and laws of Illinois.
| 5 | | (d) Each appointment made under subsections (a) and (b) of | 6 | | this Section
and under Section
3B.03 shall be certified by the | 7 | | appointing authority to the Commuter Rail Board
which shall | 8 | | maintain the certifications as part of the official records
of | 9 | | the Commuter Rail Board.
| 10 | | (Source: P.A. 95-708, eff. 1-18-08.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.
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