98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5747

 

Introduced , by Rep. Michael W. Tryon

 

SYNOPSIS AS INTRODUCED:
 
70 ILCS 3605/20  from Ch. 111 2/3, par. 320
70 ILCS 3615/3.01  from Ch. 111 2/3, par. 703.01
70 ILCS 3615/3A.02  from Ch. 111 2/3, par. 703A.02
70 ILCS 3615/3B.02  from Ch. 111 2/3, par. 703B.02

    Amends the Metropolitan Transit Authority Act and the Regional Transportation Authority Act. Provides that individuals are eligible for appointment to the Chicago Transit Board, the Regional Transportation Authority Board, the Commuter Rail Board, or the Suburban Bus Board if he or she possesses at least 5 years of experience in transportation, finance, or urban or financial planning and has resided in the geographic area for which he or she is appointed for at least one year. Requires a member of the Chicago Transit Board and Directors of the Regional Transportation Authority Board, the Commuter Rail Board, and the Suburban Bus Board to reside in the geographic area for which he or she is appointed for the duration of his or her term. Provides that if a member or Director ceases to reside in the geographic area for which he or she is appointed for more than 3 months, his or her office shall be vacant and may be filled by the appropriate appointing authority.


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A BILL FOR

 

HB5747LRB098 18218 JLK 53349 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 Metropolitan Transit Authority Act is
5amended by changing Section 20 as follows:
 
6    (70 ILCS 3605/20)  (from Ch. 111 2/3, par. 320)
7    Sec. 20. Within sixty (60) days after the adoption of this
8Act by the electors of one or more cities, villages and
9incorporated towns within the metropolitan area having a
10population in the aggregate of at least 100,000 according to
11the Federal census of 1940, the Governor, by and with the
12advice and consent of the Senate, shall appoint three members
13of the Board for initial terms expiring September first of the
14years 1947, 1948 and 1949, respectively, at least one of which
15members shall be a resident of that portion of the metropolitan
16area which is outside the corporate limits of the City of
17Chicago, and the Mayor, with advice and consent of the City
18Council of the City of Chicago, shall appoint four members of
19the Board for initial terms expiring September first of the
20years 1946, 1950, 1951 and 1952, respectively. At the
21expiration of the term of any member appointed by the Governor
22his successor shall be appointed by the Governor, and at the
23expiration of the term of any member appointed by the Mayor his

 

 

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1successor shall be appointed by the Mayor in like manner, and
2with like regard as to the place of residence of the appointee,
3as appointments for the initial terms. All successors shall
4hold office for the term of seven years from the first day of
5September of the year in which they are appointed, except in
6case of an appointment to fill a vacancy. In case of vacancy in
7the office of any member appointed by the Governor during the
8recess of the Senate, the Governor shall make a temporary
9appointment until the next meeting of the Senate when he shall
10nominate some person to fill such office; and any person so
11nominated, who is confirmed by the Senate, shall hold his
12office during the remainder of the term and until his successor
13shall be appointed and qualified. If the Senate is not in
14session at the time this Act takes effect, the Governor shall
15make temporary appointments as in case of vacancies. Each
16appointment by the Governor shall be subject to approval by the
17Mayor, and each appointment by the Mayor shall be subject to
18approval by the Governor and, when so approved, the Governor
19and the Mayor shall certify their respective appointments and
20approvals to the Secretary of State. If the Governor or the
21Mayor does not approve or disapprove the appointment by the
22Mayor or the Governor, respectively, within 15 days after
23receipt thereof, the person is appointed. Within thirty days
24after certification and approval of his appointment, and before
25entering upon the duties of his office, each member of the
26Board shall take and subscribe the constitutional oath of

 

 

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1office and file it in the office of the Secretary of State.
2    For appointments made on and after the effective date of
3this amendatory Act of the 98th General Assembly, an individual
4is eligible for appointment only if he or she:
5        (1) possesses at least 5 years of experience in
6    transportation, finance, or urban or financial planning;
7    and
8        (2) has resided in the geographic area for which he or
9    she is to be appointed for at least one year.
10    A member shall reside in the geographic area for which he
11or she is appointed for the duration of his or her term. If a
12member ceases to reside in the geographic area for which he or
13she was appointed for at least 3 months, his or her office
14shall be vacant and may be filled by the appropriate appointing
15authority for the remainder of the unexpired term.
16(Source: P.A. 79-938.)
 
17    Section 10. The Regional Transportation Authority Act is
18amended by changing Sections 3.01, 3A.02, 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
21and governing body of the Authority shall be a Board consisting
22of 13 Directors until April 1, 2008, and 16 Directors
23thereafter, appointed as follows:
24    (a) Four Directors appointed by the Mayor of the City of

 

 

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1Chicago, with the advice and consent of the City Council of the
2City of Chicago, and, only until April 1, 2008, a fifth
3director who shall be the Chairman of the Chicago Transit
4Authority. After April 1, 2008, the Mayor of the City of
5Chicago, with the advice and consent of the City Council of the
6City of Chicago, shall appoint a fifth Director. The Directors
7appointed by the Mayor of the City of Chicago shall not be the
8Chairman or a Director of the Chicago Transit Authority. Each
9such Director shall reside in the City of Chicago.
10    (b) Four Directors appointed by the votes of a majority of
11the members of the Cook County Board elected from districts, a
12majority of the electors of which reside outside Chicago. After
13April 1, 2008, a fifth Director appointed by the President of
14the Cook County Board with the advice and consent of the
15members of the Cook County Board. Each Director appointed under
16this subparagraph shall reside in that part of Cook County
17outside Chicago.
18    (c) Until April 1, 2008, 3 Directors appointed by the
19Chairmen of the County Boards of DuPage, Kane, Lake, McHenry,
20and 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
8Chairmen of the County Boards of DuPage, Kane, Lake and McHenry
9Counties 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
12amendatory Act of the 95th General Assembly shall continue to
13serve as Chairman until the expiration of his or her term of
14office and until his or her successor is appointed and
15qualified or a vacancy occurs in the office. Upon the
16expiration or vacancy of the term of the Chairman then serving
17upon the effective date of this amendatory Act of the 95th
18General Assembly, the Chairman shall be appointed by the other
19Directors, by the affirmative vote of at least 11 of the then
20Directors with at least 2 affirmative votes from Directors who
21reside in the City of Chicago, at least 2 affirmative votes
22from Directors who reside in Cook County outside the City of
23Chicago, and at least 2 affirmative votes from Directors who
24reside in the Counties of DuPage, Lake, Will, Kane, or McHenry.
25The chairman shall not be appointed from among the other
26Directors. The chairman shall be a resident of the metropolitan

 

 

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1region.
2    (f) Except as otherwise provided by this Act no Director
3shall, while serving as such, be an officer, a member of the
4Board of Directors or Trustees or an employee of any Service
5Board or transportation agency, or be an employee of the State
6of Illinois or any department or agency thereof, or of any unit
7of local government or receive any compensation from any
8elected or appointed office under the Constitution and laws of
9Illinois; except that a Director may be a member of a school
10board.
11    (g) Each appointment made under this Section and under
12Section 3.03 shall be certified by the appointing authority to
13the Board, which shall maintain the certifications as part of
14the official records of the Authority.
15    (h) (Blank).
16    (i) For appointments made on and after the effective date
17of this amendatory Act of the 98th General Assembly, an
18individual is eligible for appointment only if he or she:
19        (1) possesses at least 5 years of experience in
20    transportation, finance, or urban or financial planning;
21    and
22        (2) has resided in the geographic area for which he or
23    she is to be appointed for at least one year.
24    A Director shall reside in the geographic area for which he
25or she is appointed for the duration of his or her term. If a
26Director ceases to reside in the geographic area for which he

 

 

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1or she was appointed for at least 3 months, his or her office
2shall be vacant and may be filled as set forth in Section 3.03
3of this Act for the remainder of the unexpired term.
4(Source: P.A. 95-708, eff. 1-18-08.)
 
5    (70 ILCS 3615/3A.02)  (from Ch. 111 2/3, par. 703A.02)
6    Sec. 3A.02. Suburban Bus Board. The governing body of the
7Suburban Bus Division shall be a board consisting of 13
8directors appointed as follows:
9        (a) Six Directors appointed by the members of the Cook
10    County Board elected from that part of Cook County outside
11    of Chicago, or in the event such Board of Commissioners
12    becomes elected from single member districts, by those
13    Commissioners elected from districts, a majority of the
14    residents of which reside outside of Chicago from the chief
15    executive officers of the municipalities, of that portion
16    of Cook County outside of Chicago. Provided however, that:
17            (i) One of the Directors shall be the chief
18        executive officer of a municipality within the area of
19        the Northwest Region defined in Section 3A.13;
20            (ii) One of the Directors shall be the chief
21        executive officer of a municipality within the area of
22        the North Central Region defined in Section 3A.13;
23            (iii) One of the Directors shall be the chief
24        executive officer of a municipality within the area of
25        the North Shore Region defined in Section 3A.13;

 

 

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1            (iv) One of the Directors shall be the chief
2        executive officer of a municipality within the area of
3        the Central Region defined in Section 3A.13;
4            (v) One of the Directors shall be the chief
5        executive officer of a municipality within the area of
6        the Southwest Region defined in Section 3A.13;
7            (vi) One of the Directors shall be the chief
8        executive officer of a municipality within the area of
9        the South Region defined in Section 3A.13;
10        (b) One Director by the Chairman of the Kane County
11    Board who shall be a chief executive officer of a
12    municipality within Kane County;
13        (c) One Director by the Chairman of the Lake County
14    Board who shall be a chief executive officer of a
15    municipality within Lake County;
16        (d) One Director by the Chairman of the DuPage County
17    Board who shall be a chief executive officer of a
18    municipality within DuPage County;
19        (e) One Director by the Chairman of the McHenry County
20    Board who shall be a chief executive officer of a
21    municipality within McHenry County;
22        (f) One Director by the Chairman of the Will County
23    Board who shall be a chief executive officer of a
24    municipality within Will County;
25        (g) The Commissioner of the Mayor's Office for People
26    with Disabilities, from the City of Chicago, who shall

 

 

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1    serve as an ex-officio member; and
2        (h) The Chairman by the Governor for the initial term,
3    and thereafter by a majority of the Chairmen of the DuPage,
4    Kane, Lake, McHenry and Will County Boards and the members
5    of the Cook County Board elected from that part of Cook
6    County outside of Chicago, or in the event such Board of
7    Commissioners is elected from single member districts, by
8    those Commissioners elected from districts, a majority of
9    the electors of which reside outside of Chicago; and who
10    after the effective date of this amendatory Act of the 95th
11    General Assembly may not be a resident of the City of
12    Chicago.
13    For appointments made on and after the effective date of
14this amendatory Act of the 98th General Assembly, an individual
15is eligible for appointment only if he or she:
16        (1) possesses at least 5 years of experience in
17    transportation, finance, or urban or financial planning;
18    and
19        (2) has resided in the geographic area for which he or
20    she is to be appointed for at least one year.
21    A Director shall reside in the geographic area for which he
22or she is appointed for the duration of his or her term. If a
23Director ceases to reside in the geographic area for which he
24or she was appointed for at least 3 months, his or her office
25shall be vacant and may be filled as set forth in Section 3A.03
26of this Act for the remainder of the unexpired term.

 

 

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1    Each appointment made under paragraphs (a) through (g) and
2under Section 3A.03 shall be certified by the appointing
3authority to the Suburban Bus Board which shall maintain the
4certifications as part of the official records of the Suburban
5Bus Board; provided that the initial appointments shall be
6certified to the Secretary of State, who shall transmit the
7certifications to the Suburban Bus Board following its
8organization.
9    For the purposes of this Section, "chief executive officer
10of a municipality" includes a former chief executive officer of
11a municipality within the specified Region or County, provided
12that the former officer continues to reside within such Region
13or County.
14(Source: P.A. 95-906, eff. 8-26-08.)
 
15    (70 ILCS 3615/3B.02)  (from Ch. 111 2/3, par. 703B.02)
16    Sec. 3B.02. Commuter Rail Board.
17    (a) Until April 1, 2008, the governing body of the Commuter
18Rail Division shall be a board consisting of 7 directors
19appointed pursuant to Sections 3B.03 and 3B.04, as follows:
20        (1) One director shall be appointed by the Chairman of
21    the Board of DuPage County with the advice and consent of
22    the County Board of DuPage County and shall reside in
23    DuPage County.
24        (2) Two directors appointed by the Chairmen of the
25    County Boards of Kane, Lake, McHenry and Will Counties with

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1            (vi) The Directors identified under the provisions
2        of subparagraphs (ii) through (v) of this paragraph (7)
3        shall be appointed by the members of the Cook County
4        Board. Each individual Director shall be appointed by
5        those members of the Cook County Board whose Board
6        districts overlap in whole or in part with the
7        geographic territory described in the relevant
8        subparagraph. The vote of County Board members
9        eligible to appoint directors under the provisions of
10        subparagraphs (ii) through (v) of this paragraph (7)
11        shall be weighted by the number of electors residing in
12        those portions of their Board districts within the
13        geographic territory described in the relevant
14        subparagraph (ii) through (v) of this paragraph (7).
15        (8) The Chairman shall be appointed by the Directors,
16    from the members of the Board, with the concurrence of 8 of
17    such Directors. To implement the changes in appointing
18    authority under this Section, upon the expiration of the
19    term of or vacancy in office of the Chairman appointed
20    under item (5) of subsection (a) of this Section, a
21    Chairman shall be appointed under this subparagraph.
22    (c) No director, while serving as such, shall be an
23officer, a member of the board of directors or trustee or an
24employee of any transportation agency, or be an employee of the
25State of Illinois or any department or agency thereof, or of
26any unit of local government or receive any compensation from

 

 

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1any elected or appointed office under the Constitution and laws
2of Illinois.
3    (d) Each appointment made under subsections (a) and (b) of
4this Section and under Section 3B.03 shall be certified by the
5appointing authority to the Commuter Rail Board which shall
6maintain the certifications as part of the official records of
7the Commuter Rail Board.
8    (e) For appointments made on and after the effective date
9of this amendatory Act of the 98th General Assembly, an
10individual is eligible for appointment only if he or she:
11        (1) possesses at least 5 years of experience in
12    transportation, finance, or urban or financial planning;
13    and
14        (2) has resided in the geographic area for which he or
15    she is to be appointed for at least one year.
16    A Director shall reside in the geographic area for which he
17or she is appointed for the duration of his or her term. If a
18Director ceases to reside in the geographic area for which he
19or she was appointed for at least 3 months, his or her office
20shall be vacant and may be filled as set forth in Section 3B.03
21of this Act for the remainder of the unexpired term.
22(Source: P.A. 95-708, eff. 1-18-08.)