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Full Text of SB2606  98th General Assembly

SB2606 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2606

 

Introduced 10/22/2013, by Sen. William E. Brady

 

SYNOPSIS AS INTRODUCED:
 
70 ILCS 3615/3B.02  from Ch. 111 2/3, par. 703B.02
70 ILCS 3615/3B.03  from Ch. 111 2/3, par. 703B.03
70 ILCS 3615/5.06 new

    Amends the Regional Transportation Authority Act. Requires approval by city, county, and township boards for appointments to the Commuter Rail Board. Limits the term of the Chairman of the Commuter Rail Board to 2 years. Permits the Chairman to be reappointed, but prohibits consecutive reappointments. On the effective date of this amendatory Act, removes all directors currently serving on the Commuter Rail Board and provides that they may not be reappointed. Provides that new directors shall be appointed to fill these board vacancies and that each director newly appointed shall serve for the remainder of the unexpired term of the former director that he or she is appointed to replace. Permits directors appointed on or after the effective date of this amendatory Act to be reappointed, but prohibits consecutive reappointments. Sets forth procedures for city, county, or township boards to remove a director which they have appointed from office. Adds a new Section that sets forth procedures with regard to ex parte communications received by any of the Regional Transit Boards, Regional Transit Board heads, or other Regional Transit Board employees. Defines terms. Effective immediately.


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A BILL FOR

 

SB2606LRB098 14425 OMW 49106 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 and 3B.03 and by adding
6Section 5.06 as follows:
 
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.

 

 

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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 the governing body of the Commuter
18Rail Division shall be a board consisting of 11 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 DuPage County Board with the advice and consent, by a
22    two-thirds majority vote, of the DuPage County Board and
23    shall reside in DuPage County. To implement the changes in
24    appointing authority under this Section, upon the
25    expiration of the term of or vacancy in office of the
26    Director appointed under item (1) of subsection (a) of this

 

 

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

 

 

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

 

 

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

 

 

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1        upon the expiration of the term of or vacancy in office
2        of the Director appointed under paragraph (3) of
3        subsection (a) of this Section who resides in the
4        geographic area described in this subparagraph and
5        whose term of office had expired as of August 1, 2007,
6        a Director shall be appointed under this subparagraph.
7            (vi) The Directors identified under the provisions
8        of subparagraphs (ii) through (v) of this paragraph (7)
9        shall be appointed by the members of the Cook County
10        Board. Each individual Director shall be appointed by
11        those members of the Cook County Board whose Board
12        districts overlap in whole or in part with the
13        geographic territory described in the relevant
14        subparagraph. The vote of County Board members
15        eligible to appoint directors under the provisions of
16        subparagraphs (ii) through (v) of this paragraph (7)
17        shall be weighted by the number of electors residing in
18        those portions of their Board districts within the
19        geographic territory described in the relevant
20        subparagraph (ii) through (v) of this paragraph (7).
21        (8) The Chairman shall be appointed for a 2 year term
22    by the Directors, from the members of the Board, with the
23    concurrence of 8 of such Directors. The Chairman may be
24    reappointed, but may not be reappointed for consecutive
25    terms. To implement the changes in appointing authority
26    under this Section, upon the expiration of the term of or

 

 

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1    vacancy in office of the Chairman appointed under item (5)
2    of subsection (a) of this Section, a Chairman shall be
3    appointed under this subparagraph.
4    (c) No director, while serving as such, shall be an
5officer, a member of the board of directors or trustee or an
6employee of any transportation agency, or be an employee of the
7State of Illinois or any department or agency thereof, or of
8any unit of local government or receive any compensation from
9any elected or appointed office under the Constitution and laws
10of Illinois.
11    (d) Each appointment made under subsections (a) and (b) of
12this Section and under Section 3B.03 shall be certified by the
13appointing authority to the Commuter Rail Board which shall
14maintain the certifications as part of the official records of
15the Commuter Rail Board.
16(Source: P.A. 95-708, eff. 1-18-08.)
 
17    (70 ILCS 3615/3B.03)  (from Ch. 111 2/3, par. 703B.03)
18    Sec. 3B.03. Terms, Vacancies.
19    (a) Each director shall be appointed for a term of 4 years,
20and until his successor has been appointed and qualified. A
21vacancy shall occur upon the resignation, death, conviction of
22a felony, or removal from office of a director. Any director
23may be removed from office (i) upon the concurrence of not less
24than 8 directors, on a formal finding of incompetence, neglect
25of duty, or malfeasance in office, or (ii) by the Governor in

 

 

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1response to a summary report received from the Executive
2Inspector General in accordance with Section 20-50 of the State
3Officials and Employees Ethics Act, provided he or she has an
4opportunity to be publicly heard in person or by counsel prior
5to removal, or (iii) by that director's appointing authority,
6with the consent of the relevant local legislative body or
7bodies under Section 3B.02 of this Act, in the same manner as
8provided for consent in Section 3B.02 of this Act. Within 30
9days after the office of any director becomes vacant for any
10reason, the appropriate appointing authorities of such
11director, as provided in Section 3B.02, shall make an
12appointment to fill the vacancy. A vacancy shall be filled for
13the unexpired term.
14    (b) Notwithstanding any other provision of law to the
15contrary, all directors holding office on the effective date of
16this amendatory Act of the 98th General Assembly are hereby
17removed from office on the effective date of this amendatory
18Act of the 98th General Assembly and may not be reappointed.
19New directors shall be appointed to fill the vacancies created
20under this subsection pursuant to Section 3B.02 of this Act.
21Each director newly appointed under this subsection shall serve
22for the remainder of the unexpired term of the former director
23that he or she is appointed to replace. Directors appointed on
24or after the effective date of this amendatory Act of the 98th
25General Assembly may be reappointed, but may not be reappointed
26for consecutive terms.

 

 

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1(Source: P.A. 95-708, eff. 1-18-08; 96-1528, eff. 7-1-11.)
 
2    (70 ILCS 3615/5.06 new)
3    Sec. 5.06. Ex parte communications.
4    (a) "Ex parte communication" means any written or oral
5communication by any person that imparts or requests material
6information or makes a material argument regarding potential
7action concerning regulatory, quasi-adjudicatory, investment,
8or licensing matters pending before or under consideration by
9any of the Regional Transit Boards. "Ex parte communication"
10shall also include any written or oral communication made by a
11person that imparts or requests material information or makes a
12material argument concerning procurement or personnel
13decisions by any of the Regional Transit Boards. "Ex parte
14communication" does not include the following: (i) statements
15by a person publicly made in a public forum; (ii) statements
16regarding matters of procedure and practice, such as format,
17the number of copies required, the manner of filing, and the
18status of a matter; and (iii) statements made by an employee of
19a Regional Transit Board to the head or other employees of that
20Regional Transit Board.
21    (b) An ex parte communication received by a Regional
22Transit Board, or by the head or other employee of a Regional
23Transit Board, from an interested party or his or her official
24representative or attorney shall promptly be memorialized and
25made a part of the record.

 

 

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1    (c) An ex parte communication received by any Regional
2Transit Board, or by the head or other employee of a Regional
3Transit Board, other than an ex parte communication described
4in subsection (b), shall immediately be reported to that
5Regional Transit Board's ethics officer by the recipient of the
6communication and by any other employee of that Regional
7Transit Board who responds to the communication. The ethics
8officer shall require that the ex parte communication be
9promptly made a part of the public record and made available to
10the public. The ethics officer shall promptly file the ex parte
11communication with the Office of the Executive Inspector
12General, including all written communications, all written
13responses to the communications, and a memorandum prepared by
14the ethics officer stating the nature and substance of all oral
15communications, the identity and job title of the person to
16whom each communication was made, all responses made, the
17identity and job title of the person making each response, the
18identity of each person from whom the written or oral ex parte
19communication was received, the individual or entity
20represented by that person, any action the person requested or
21recommended, and any other pertinent information. The
22disclosure shall also contain the date of any ex parte
23communication.
24    (d) Any person who fails to (i) report an ex parte
25communication to an ethics officer, (ii) make information part
26of the record, or (iii) make a filing with the Office of the

 

 

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1Executive Inspector General as required by this Section is
2guilty of a business offense and is subject to a fine of at
3least $1,001 and up to $5,000.
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.