96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3943

 

Introduced 5/27/2010, by Sen. Terry Link

 

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

    Amends the Regional Transportation Authority Act. Provides for the termination of the terms of the current members of the Commuter Rail Board (METRA) and for the appointment of a new board by the Governor, with the advice and consent of the Senate. Sets forth the procedure for filling a vacancy in the Commuter Rail Board. Effective immediately.


LRB096 22492 RLJ 41789 b

 

 

A BILL FOR

 

SB3943 LRB096 22492 RLJ 41789 b

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 Regional Transportation Authority Act is
5 amended by changing Sections 3B.02 and 3B.03 as follows:
 
6     (70 ILCS 3615/3B.02)  (from Ch. 111 2/3, par. 703B.02)
7     Sec. 3B.02. Commuter Rail Board.
8     (a) (Blank). Until April 1, 2008, the governing body of the
9 Commuter Rail Division shall be a board consisting of 7
10 directors appointed pursuant to Sections 3B.03 and 3B.04, as
11 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) Until 30 days after the effective date of this
18 amendatory Act of the 96th General Assembly, After April 1,
19 2008 the governing body of the Commuter Rail Division shall be
20 a board consisting of 11 directors appointed, pursuant to
21 Sections 3B.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

 

 

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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

 

 

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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

 

 

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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

 

 

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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     (b-5) Notwithstanding any provision of this Article to the
19 contrary, the term of office of each Director ends 30 days
20 after the effective date of this amendatory Act of the 96th
21 General Assembly or when their successors are appointed and
22 qualified. Within 30 days after the effective date of this
23 amendatory Act of the 96th General Assembly, the Governor shall
24 appoint, with the advice and consent of the Senate, 11 members
25 to the Board who otherwise meet the qualifications under this
26 Section. No Director whose term was ended under this subsection

 

 

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1 shall be reappointed as a Director under this subsection.
2     On and after the effective date of this amendatory Act of
3 the 96th General Assembly, the governing body of the Commuter
4 Rail Division shall be a board consisting of 11 directors
5 appointed, pursuant to Sections 3B.03 and 3B.04, by the
6 Governor, with the advice and consent of the Senate, as
7 follows:
8         (1) One Director shall reside in DuPage County.
9         (2) One Director shall reside in McHenry County.
10         (3) One Director shall reside in Will County.
11         (4) One Director shall reside in Lake County.
12         (5) One Director shall reside in Kane County.
13         (6) One Director shall reside in the City of Chicago.
14         (7) Five Directors shall reside in Cook County outside
15     of the City of Chicago, as follows:
16             (A) One Director shall reside in Cook County
17         outside of the City of Chicago.
18             (B) One Director shall reside in the township of
19         Barrington, Palatine, Wheeling, Hanover, Schaumburg,
20         or Elk Grove.
21             (C) One Director shall reside in the township of
22         Northfield, New Trier, Maine, Niles, Evanston, Leyden,
23         Norwood Park, River Forest, or Oak Park.
24             (D) One Director shall reside in the township of
25         Proviso, Riverside, Berwyn, Cicero, Lyons, Stickney,
26         Lemont, Palos, or Orland.

 

 

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1             (E) One Director shall reside in the township of
2         Worth, Calumet, Bremen, Thornton, Rich, or Bloom.
3     No more than 6 directors shall be affiliated with the same
4 political party.
5     The chairperson shall be appointed by the Directors, from
6 the members of the Board, with the concurrence of 8 of such
7 Directors.
8     (c) No director, while serving as such, shall be an
9 officer, a member of the board of directors or trustee or an
10 employee of any transportation agency, or be an employee of the
11 State of Illinois or any department or agency thereof, or of
12 any unit of local government or receive any compensation from
13 any elected or appointed office under the Constitution and laws
14 of Illinois.
15     (d) (Blank). Each appointment made under subsections (a)
16 and (b) of this Section and under Section 3B.03 shall be
17 certified by the appointing authority to the Commuter Rail
18 Board which shall maintain the certifications as part of the
19 official records of the Commuter Rail Board.
20 (Source: P.A. 95-708, eff. 1-18-08.)
 
21     (70 ILCS 3615/3B.03)  (from Ch. 111 2/3, par. 703B.03)
22     Sec. 3B.03. Terms, Vacancies. Each director shall be
23 appointed for a term of 4 years, and until his or her successor
24 has been appointed and qualified. A vacancy shall occur upon
25 the resignation, death, conviction of a felony, or removal from

 

 

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1 office of a director. Each director must be a resident of the
2 geographic area from which he or she was appointed. The failure
3 of a director to meet or maintain this residency requirement
4 constitutes a resignation by that director, and creates a
5 vacancy which shall be filled by the Governor with the advice
6 and consent of the Senate. Any director may be removed from
7 office by the Governor for upon the concurrence of not less
8 than 8 directors, on a formal finding of incompetence, neglect
9 of duty, or malfeasance in office. Within 30 days after the
10 office of any director becomes vacant for any reason, the
11 Governor, with the advice and consent of the Senate,
12 appropriate appointing authorities of such director, as
13 provided in Section 3B.02, shall make an appointment to fill
14 the vacancy. A vacancy shall be filled for the unexpired term.
15 (Source: P.A. 95-708, eff. 1-18-08.)
 
16     Section 99. Effective date. This Act takes effect upon
17 becoming law.