101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3911

 

Introduced 10/17/2019, by Rep. Luis Arroyo

 

SYNOPSIS AS INTRODUCED:
 
70 ILCS 3615/3B.02  from Ch. 111 2/3, par. 703B.02
70 ILCS 3615/3B.04  from Ch. 111 2/3, par. 703B.04
70 ILCS 3615/3B.05  from Ch. 111 2/3, par. 703B.05

    Amends the Commuter Rail Division of the Regional Transportation Authority Act. Provides that the terms of the directors of the Commuter Rail Board serving on the effective date of the amendatory Act are terminated on the effective date. Provides that on and after the effective date of the amendatory Act, the Governor shall appoint the directors of the Commuter Rail Board (currently, directors are appointed by county board chairs or president, a county executive, the mayor of the City of Chicago, and members of a county board). Provides that the Executive Director and specified officers serving on the effective date of the amendatory Act shall continue to serve until a successor is selected and qualified by the Commuter Rail Board. Effective immediately.


LRB101 14466 AWJ 63358 b

 

 

A BILL FOR

 

HB3911LRB101 14466 AWJ 63358 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 Regional Transportation Authority Act is
5amended by changing Sections 3B.02, 3B.04, and 3B.05 as
6follows:
 
7    (70 ILCS 3615/3B.02)  (from Ch. 111 2/3, par. 703B.02)
8    Sec. 3B.02. Commuter Rail Board.
9    (a) Until April 1, 2008, the governing body of the Commuter
10Rail Division shall be a board consisting of 7 directors
11appointed pursuant to Sections 3B.03 and 3B.04, as follows:
12        (1) One director shall be appointed by the Chairman of
13    the Board of DuPage County with the advice and consent of
14    the County Board of DuPage County and shall reside in
15    DuPage County.
16        (2) Two directors appointed by the Chairmen of the
17    County Boards of Kane, Lake, McHenry and Will Counties with
18    the concurrence of not less than a majority of the chairmen
19    from such counties, from nominees by the Chairmen. Each
20    such chairman may nominate not more than two persons for
21    each position. Each such director shall reside in a county
22    in the metropolitan region other than Cook or DuPage
23    County.

 

 

HB3911- 2 -LRB101 14466 AWJ 63358 b

1        (3) Three directors appointed by the members of the
2    Cook County Board elected from that part of Cook County
3    outside of Chicago, or, in the event such Board of
4    Commissioners becomes elected from single member
5    districts, by those Commissioners elected from districts,
6    a majority of the residents of which reside outside
7    Chicago. In either case, such appointment shall be with the
8    concurrence of four such Commissioners. Each such director
9    shall reside in that part of Cook County outside Chicago.
10        (4) One director appointed by the Mayor of the City of
11    Chicago, with the advice and consent of the City Council of
12    the City of Chicago. Such director shall reside in the City
13    of Chicago.
14        (5) The chairman shall be appointed by the directors,
15    from the members of the board, with the concurrence of 5 of
16    such directors.
17    (b) After April 1, 2008 and before the effective date of
18this amendatory Act of the 101st General Assembly, the
19governing body of the Commuter Rail Division shall be a board
20consisting of 11 directors appointed, pursuant to Sections
213B.03 and 3B.04, as follows:
22        (1) One Director shall be appointed by the Chairman of
23    the DuPage County Board with the advice and consent of the
24    DuPage County Board and shall reside in DuPage County. To
25    implement the changes in appointing authority under this
26    Section, upon the expiration of the term of or vacancy in

 

 

HB3911- 3 -LRB101 14466 AWJ 63358 b

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

 

 

HB3911- 4 -LRB101 14466 AWJ 63358 b

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

 

 

HB3911- 5 -LRB101 14466 AWJ 63358 b

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

 

 

HB3911- 6 -LRB101 14466 AWJ 63358 b

1        those members of the Cook County Board whose Board
2        districts overlap in whole or in part with the
3        geographic territory described in the relevant
4        subparagraph. The vote of County Board members
5        eligible to appoint directors under the provisions of
6        subparagraphs (ii) through (v) of this paragraph (7)
7        shall be weighted by the number of electors residing in
8        those portions of their Board districts within the
9        geographic territory described in the relevant
10        subparagraph (ii) through (v) of this paragraph (7).
11        (8) The Chairman shall be appointed by the Directors,
12    from the members of the Board, with the concurrence of 8 of
13    such Directors. To implement the changes in appointing
14    authority under this Section, upon the expiration of the
15    term of or vacancy in office of the Chairman appointed
16    under item (5) of subsection (a) of this Section, a
17    Chairman shall be appointed under this subparagraph.
18    Notwithstanding any provision of law to the contrary, the
19term of office of each director appointed under this Section
20serving on the effective date of this amendatory Act of the
21101st General Assembly is terminated and a vacancy in each
22office is created on the effective date of this amendatory act
23of the 101st General Assembly.
24    (b-5) On and after the effective date of this amendatory
25Act of the 101st General Assembly, directors shall be appointed
26by the Governor in the following manner:

 

 

HB3911- 7 -LRB101 14466 AWJ 63358 b

1        (1) One director shall be appointed from DuPage County.
2        (2) One director shall be appointed from McHenry
3    County.
4        (3) One director shall be appointed from Will County.
5        (4) One director shall be appointed from Lake County.
6        (5) One director shall be appointed from Kane County.
7        (6) One director shall be appointed from the City of
8    Chicago.
9        (7) Five directors residing in Cook County outside of
10    the City of Chicago shall be appointed, as follows:
11            (A) One director who resides in Cook County outside
12        of the City of Chicago.
13            (B) One director who resides in the township of
14        Barrington, Palatine, Wheeling, Hanover, Schaumburg,
15        or Elk Grove.
16            (C) One director who resides in the township of
17        Northfield, New Trier, Maine, Niles, Evanston, Leyden,
18        Norwood Park, River Forest, or Oak Park.
19            (D) One director who resides in the township of
20        Proviso, Riverside, Berwyn, Cicero, Lyons, Stickney,
21        Lemont, Palos, or Orland.
22            (E) One director who resides in the township of
23        Worth, Calumet, Bremen, Thornton, Rich, or Bloom.
24    The Chairman shall be appointed by the directors, from the
25members of the Board, with the concurrence of 8 of the
26directors.

 

 

HB3911- 8 -LRB101 14466 AWJ 63358 b

1    (c) No director, while serving as such, shall be an
2officer, a member of the board of directors or trustee or an
3employee of any transportation agency, or be an employee of the
4State of Illinois or any department or agency thereof, or of
5any county, municipality, or any other unit of local government
6or receive any compensation from any elected or appointed
7office under the Constitution and laws of Illinois.
8    (d) Each appointment made under subsections (a) and (b) of
9this Section and under Section 3B.03 shall be certified by the
10appointing authority to the Commuter Rail Board which shall
11maintain the certifications as part of the official records of
12the Commuter Rail Board.
13(Source: P.A. 98-709, eff. 7-16-14.)
 
14    (70 ILCS 3615/3B.04)  (from Ch. 111 2/3, par. 703B.04)
15    Sec. 3B.04. Chairman and Other Officers.
16    (a) The Chairman shall preside at meetings of the Commuter
17Rail Board and shall be entitled to vote on all matters. The
18Commuter Rail Board shall select a Secretary and a Treasurer
19and may select persons to fill such other offices of the
20Division and to perform such duties as it shall from time to
21time determine. The Secretary, Treasurer and other officers of
22the Division may but need not be members of the Commuter Rail
23Board.
24    (b) The Secretary, Treasurer, and any other officers
25selected under this Section serving on the effective date of

 

 

HB3911- 9 -LRB101 14466 AWJ 63358 b

1this amendatory Act of the 101st General Assembly shall
2continue to serve until his or her successor is appointed and
3qualified or a vacancy occurs in the office. This subsection
4does not apply to an officer that is also a director serving on
5the effective date of this amendatory Act of the 101st General
6Assembly.
7(Source: P.A. 83-886.)
 
8    (70 ILCS 3615/3B.05)  (from Ch. 111 2/3, par. 703B.05)
9    Sec. 3B.05. Appointment of officers and employees. The
10Commuter Rail Board shall appoint an Executive Director who
11shall be the chief executive officer of the Division,
12appointed, retained or dismissed with the concurrence of 8 of
13the directors of the Commuter Rail Board. The Executive
14Director shall appoint, retain and employ officers, attorneys,
15agents, engineers, employees and shall organize the staff,
16shall allocate their functions and duties, fix compensation and
17conditions of employment, and consistent with the policies of
18and direction from the Commuter Rail Board take all actions
19necessary to achieve its purposes, fulfill its
20responsibilities and carry out its powers, and shall have such
21other powers and responsibilities as the Commuter Rail Board
22shall determine. The Executive Director shall be an individual
23of proven transportation and management skills and may not be a
24member of the Commuter Rail Board. The Division may employ its
25own professional management personnel to provide professional

 

 

HB3911- 10 -LRB101 14466 AWJ 63358 b

1and technical expertise concerning its purposes and powers and
2to assist it in assessing the performance of transportation
3agencies in the metropolitan region.
4    The Executive Director serving on the effective date of
5this amendatory Act of the 101st General Assembly shall
6continue to serve as Executive Director until the expiration of
7his or her term of office and until his or her successor is
8appointed and qualified or a vacancy occurs in the office.
9    No employee, officer, or agent of the Commuter Rail Board
10may receive a bonus that exceeds 10% of his or her annual
11salary unless that bonus has been reviewed by the Regional
12Transportation Authority Board for a period of 14 days. After
1314 days, the contract shall be considered reviewed. This
14Section does not apply to usual and customary salary
15adjustments.
16    No unlawful discrimination, as defined and prohibited in
17the Illinois Human Rights Act, shall be made in any term or
18aspect of employment nor shall there be discrimination based
19upon political reasons or factors. The Commuter Rail Board
20shall establish regulations to insure that its discharges shall
21not be arbitrary and that hiring and promotion are based on
22merit.
23    The Division shall be subject to the "Illinois Human Rights
24Act", as now or hereafter amended, and the remedies and
25procedure established thereunder. The Commuter Rail Board
26shall file an affirmative action program for employment by it

 

 

HB3911- 11 -LRB101 14466 AWJ 63358 b

1with the Department of Human Rights to ensure that applicants
2are employed and that employees are treated during employment,
3without regard to unlawful discrimination. Such affirmative
4action program shall include provisions relating to hiring,
5upgrading, demotion, transfer, recruitment, recruitment
6advertising, selection for training and rates of pay or other
7forms of compensation.
8(Source: P.A. 98-1027, eff. 1-1-15.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.