Public Act 098-0709
 
HB3659 EnrolledLRB098 13071 OMW 47585 b


  
    AN ACT concerning local government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 5. The Metropolitan Transit Authority Act is 
amended  by changing Sections 2 and 19 as follows:
 



    (70 ILCS 3605/2)  (from Ch. 111 2/3, par. 302)



    Sec. 2. When used in this Act: 

    "Transportation System" means all plants, equipment, 
property and rights
useful for transportation of passengers for 
hire except taxicabs and
includes, without limiting the 
generality of the foregoing, street
railways, elevated 
railroads, subways and underground railroads, motor
vehicles, 
trolley buses, motor buses and any combination thereof.

    "Metropolitan area of Cook County" embraces all the 
territory in the
County of Cook, State of Illinois East of the 
east line of Range Eleven
(11), East of the Third Principal 
Meridian of the United States Government
survey.

    "Metropolitan area" means the metropolitan area of Cook 
County, as above
defined.

    "Authority" means Chicago Transit Authority created by 
this Act.

    "Board" means Chicago Transit Board.

    "Governor" means Governor of the State of Illinois.

    "Mayor" means Mayor of the City of Chicago.

    "Motor vehicle" means every vehicle which is 
self-propelled or which is
propelled by electric power obtained 
from overhead trolley wires but not
operated on rails.
    "Municipal government" means a "municipality" as defined 
in Section 1 of Article VII of the Illinois Constitution.
    "Unit of local government" has the meaning ascribed to it 
in Section 1 of Article VII of the Illinois Constitution. 

(Source: Laws 1955, p. 1166.)

 



    (70 ILCS 3605/19)  (from Ch. 111 2/3, par. 319)



    Sec. 19. The governing and administrative body of the 
Authority shall be a
board consisting of seven members, to be 
known as Chicago Transit Board.
Members of the Board shall be 
residents of the metropolitan area and persons of
recognized 
business ability.  No member of the Board of the
Authority shall 
hold any other office or employment under the Federal,
State or 
any County or any municipal government, or any other unit of 
local government, except an honorary office
without 
compensation or an office in the National Guard. No employee of

the Authority shall hold any other office or employment under 
the Federal,
State or any County or any municipal government, 
or any other unit of local government, except an office with

compensation not exceeding $15,000 annually or a position in 
the National
Guard or the United States military reserves.  
Provided, however,
that the Chairman may be a member of the 
Board of the Regional Transportation
Authority. No member of 
the
Board or employee of the Authority shall have any private 
financial
interest, profit or benefit in any contract, work or 
business of the
Authority nor in the sale or lease of any 
property to or from the
Authority.  The salary of each member of 
the initial Board shall be
$15,000.00 per annum, and such 
salary shall not be increased or diminished
during his or her 
term of office.  The salaries of successor members of the
Board 
shall be fixed by the Board and shall not be increased or 
diminished
during their respective terms of office.  No Board 
member shall be allowed
any fees, perquisites or emoluments, 
reward or compensation for his or her
services as a member or 
officer of the Authority aside from his or her
salary or 
pension, but he or she shall be reimbursed for actual expenses

incurred by him or her in the performance of his or her duties.

(Source: P.A. 95-968, eff. 1-1-09.)

 
    Section 10. The Regional Transportation Authority Act is 
amended  by changing Sections 3.01 and 3B.02 as follows:
 



    (70 ILCS 3615/3.01)  (from Ch. 111 2/3, par. 703.01)


    Sec. 3.01. Board of Directors. The
 corporate authorities 
and governing body of the Authority shall
be a Board consisting 
of 13 Directors until April 1, 2008, and 16 Directors 
thereafter, appointed as follows:

    (a) Four Directors appointed by the Mayor of the City of

Chicago, with the advice and consent of the City Council of the 
City of
Chicago, and, only until April 1, 2008, a fifth 
director who shall be the Chairman of the Chicago
Transit 
Authority.  After April 1, 2008, the Mayor of the City of 
Chicago, with the advice and consent of the City Council of the 
City of Chicago, shall appoint a fifth Director. The Directors 
appointed by the Mayor of the City of Chicago  shall not be the 
Chairman or a Director of the Chicago Transit Authority. Each 
such Director shall reside in the City of Chicago.

    (b) Four Directors appointed by the votes of a majority of 
the members of the Cook County Board
elected from districts, a 
majority of
the electors of which reside outside Chicago.  After 
April 1, 2008, a fifth Director appointed by the President of 
the Cook County Board with the advice and consent of  the 
members of the Cook County Board.

Each Director appointed under 
this subparagraph shall reside in that part of Cook County 
outside
Chicago.

    (c) Until April 1, 2008,  3 Directors appointed by the 
Chairmen of the County Boards of DuPage, Kane, Lake, McHenry, 
and Will Counties, as follows:

        (i) Two Directors appointed by the Chairmen of the 
    county boards
of Kane, Lake, McHenry and Will Counties, 
    with the concurrence of not less
than a majority of the 
    Chairmen from such counties, from nominees by
the Chairmen. 
    Each such Chairman may nominate not more than 2 persons for

    each position. Each such Director shall reside in a county 
    in the metropolitan
region other than Cook or DuPage 
    Counties.

        (ii)
 One Director appointed by the Chairman
of the 
    DuPage County Board with the advice and consent of the 
    DuPage County Board.  Such Director
 shall reside in DuPage 
    County.

    (d) After April 1, 2008, 5 Directors appointed by the 
Chairmen of the County Boards of DuPage, Kane, Lake and McHenry 
Counties and the County Executive of Will County, as follows:

        (i) One Director appointed by the Chairman of the Kane 
    County Board with the advice and consent of the Kane County 
    Board.  Such Director shall reside in Kane County.

        (ii) One Director appointed by the County Executive of 
    Will County with the advice and consent of the Will County 
    Board.  Such Director shall reside in Will County.

        (iii) One Director appointed by the Chairman of the 
    DuPage County Board with the advice and consent of the 
    DuPage County Board.  Such Director shall reside in DuPage 
    County.

        (iv) One Director appointed by the Chairman of the Lake 
    County Board with the advice and consent of the Lake County 
    Board.  Such Director shall reside in Lake County.

        (v) One Director appointed by the Chairman of the 
    McHenry County Board with the advice and consent of the 
    McHenry County Board.  Such Director shall reside in McHenry 
    County.

        (vi) To implement the changes in appointing authority 
    under this subparagraph (d) the three Directors appointed 
    under subparagraph (c) and residing in Lake County, DuPage 
    County, and Kane County respectively shall each continue to 
    serve as Director until the expiration of their respective 
    term of office and until his or her successor is appointed 
    and qualified or a vacancy occurs in the office.  Thereupon, 
    the appointment shall be made by the officials given 
    appointing authority with respect to the  Director whose 
    term has expired or office has become vacant.

    (e)
The Chairman serving on the effective date of this 
amendatory Act of the 95th General Assembly shall  continue to 
serve as Chairman until the expiration of his or her term of 
office and until his or her successor is appointed and 
qualified or a vacancy occurs in the office. Upon the 
expiration or vacancy of the term of the Chairman then serving 
upon the effective date of this amendatory Act of the 95th 
General Assembly, the Chairman shall be appointed by the other 
Directors, by the affirmative vote of at least 11 of the then 
Directors with at least 2 affirmative votes from Directors who 
reside in the City of Chicago, at least 2 affirmative votes 
from Directors who reside in Cook County outside the City of 
Chicago, and at least 2 affirmative votes from Directors who 
reside in the Counties of DuPage, Lake, Will, Kane, or McHenry. 
The
chairman shall not be appointed from among the other 
Directors. The chairman
shall be a resident of the metropolitan 
region.

    (f) Except as otherwise provided by this Act no Director

shall, while serving as such, be an officer,
a member of the 
Board of Directors or Trustees or an employee of any Service 
Board or transportation
agency, or be an employee of the State 
of Illinois or any department or
agency thereof, or of any 
municipality, county, or any other unit of local government or 
receive any compensation
from any elected or appointed office 
under the Constitution and laws of
Illinois; except that a 
Director may be a member of a school board.

    (g) Each appointment made under this Section and
under 
Section 3.03 shall be certified by the appointing authority to 
the
Board, which shall maintain the certifications as part of 
the official
records of the Authority.

    (h) (Blank).



(Source: P.A. 95-708, eff. 1-18-08.)

 



    (70 ILCS 3615/3B.02)  (from Ch. 111 2/3, par. 703B.02)


    Sec. 3B.02. Commuter Rail Board. 
    (a) Until April 1, 2008, the
 governing body of the Commuter

Rail Division shall be a board consisting of 7 directors 
appointed pursuant
to Sections 3B.03 and 3B.04, as follows:

        (1)
 One director shall be appointed by the Chairman of 
    the Board of DuPage
County with the advice and consent of 
    the County Board of DuPage County
and shall reside in 
    DuPage County.


        (2)
 Two directors appointed by the Chairmen of the 
    County Boards of Kane,
Lake, McHenry and Will Counties with 
    the concurrence of not less than a
majority of the chairmen 
    from such counties, from nominees by the Chairmen.
Each 
    such chairman may nominate not more than two persons for 
    each position.
Each such director shall reside in a county 
    in the metropolitan region other
than Cook or DuPage 
    County.

        (3)
 Three directors appointed by the members of the 
    Cook County Board elected
from that part of Cook County 
    outside of Chicago, or, in the event such Board
of 
    Commissioners becomes elected from single member 
    districts, by those
Commissioners elected from districts, 
    a majority of the residents of which
reside outside 
    Chicago.  In either case, such appointment shall be with
the 
    concurrence of four such Commissioners.  Each such director 
    shall reside
in that part of Cook County outside Chicago.

        (4)
 One director appointed by the Mayor of the City of 
    Chicago, with the
advice and consent of the City Council of 
    the City of Chicago.  Such director
shall reside in the City 
    of Chicago.

        (5) The chairman shall be appointed by the directors, 
    from the members of
the board, with the concurrence of 5 of 
    such directors.

    (b) After April 1, 2008  the governing body of the Commuter 
Rail Division shall be a board consisting of 11 directors 
appointed, pursuant to Sections 3B.03 and 3B.04, as follows:

        (1) One Director shall be appointed by the Chairman of 
    the DuPage County Board with the advice and consent of the 
    DuPage County Board and shall reside in DuPage County.  To 
    implement the changes in appointing authority under this 
    Section, upon the expiration of the term of or vacancy in 
    office of the Director appointed under item (1) of 
    subsection (a) of this Section who resides in DuPage 
    County, a Director shall be appointed under this 
    subparagraph.

        (2) One Director shall be appointed by the Chairman of 
    the McHenry County Board with the advice and consent of the 
    McHenry County Board and  shall reside in McHenry County.  To 
    implement the change in appointing authority under this 
    Section, upon the expiration of the term of or vacancy in 
    office of the Director appointed under item (2) of 
    subsection (a) of this Section who resides in McHenry 
    County, a Director shall be appointed under this 
    subparagraph.

        (3) One Director shall be appointed by the Will County 
    Executive with the advice and consent of the Will County 
    Board and  shall reside in Will County.  To implement the 
    change in appointing authority under this Section, upon the 
    expiration of the term of or vacancy in office of the 
    Director appointed under item (2) of subsection (a) of this 
    Section who resides in Will County, a Director shall be 
    appointed under this subparagraph.

        (4) One Director shall be appointed by the Chairman of 
    the Lake County Board with the advice and consent of the 
    Lake County Board and shall reside in Lake County.

        (5) One Director shall be appointed by the Chairman of 
    the Kane County Board with the advice and consent of the 
    Kane County Board and shall reside in Kane County.

        (6) One Director shall be appointed by the Mayor of the 
    City of Chicago with the advice and consent of the City 
    Council of the City of Chicago and  shall reside in the City 
    of Chicago. To implement the changes in appointing 
    authority under this Section, upon the expiration of the 
    term of or vacancy in office of the Director appointed 
    under item (4) of subsection (a) of this Section who 
    resides in the City of Chicago, a Director shall be 
    appointed under this subparagraph.

        (7) Five Directors residing in Cook County outside of 
    the City of Chicago, as follows:
            (i) One Director who resides in Cook County outside 
        of the City of Chicago, appointed by the President of 
        the Cook County Board with the advice and consent of  
        the members of the Cook County Board.
            (ii) One Director who resides in the township of 
        Barrington, Palatine, Wheeling, Hanover, Schaumburg, 
        or Elk Grove.  To implement the changes in appointing 
        authority under this Section, upon the expiration of 
        the term of or vacancy in office of the Director 
        appointed under paragraph (3) of subsection (a) of this 
        Section who resides in the geographic area described in 
        this subparagraph, a Director shall be appointed under 
        this subparagraph.
            (iii) One Director who resides in the township of 
        Northfield, New Trier, Maine, Niles, Evanston, Leyden, 
        Norwood Park, River Forest, or Oak Park.
            (iv) One Director who resides in the township of 
        Proviso, Riverside, Berwyn, Cicero, Lyons, Stickney, 
        Lemont, Palos, or Orland.  To implement the changes in 
        appointing authority under this Section, upon the 
        expiration of the term of or vacancy in office of the 
        Director appointed under paragraph (3) of subsection 
        (a) of this Section who resides in the geographic area 
        described in this subparagraph and whose term of office 
        had not expired as of August 1, 2007, a Director shall 
        be appointed under this subparagraph.
            (v) One Director who resides in the township of 
        Worth, Calumet, Bremen, Thornton, Rich, or Bloom.  To 
        implement the changes in appointing authority under 
        this Section, upon the expiration of the term of or 
        vacancy in office of the Director appointed under 
        paragraph (3) of subsection (a) of this Section who 
        resides in the geographic area described in this 
        subparagraph and whose term of office had expired as of 
        August 1, 2007, a Director shall be appointed under 
        this subparagraph.
            (vi) The Directors identified under the provisions 
        of subparagraphs (ii) through (v) of this paragraph (7) 
        shall be appointed by the members of the Cook County 
        Board.  Each individual Director shall be appointed by 
        those members of the Cook County Board whose Board 
        districts overlap in whole or in part with the 
        geographic territory described in the relevant 
        subparagraph.  The vote of County Board members 
        eligible to appoint directors under the provisions of 
        subparagraphs (ii) through (v) of this paragraph (7) 
        shall be weighted by the number of electors residing in 
        those portions of their Board districts within the 
        geographic territory described in the relevant 
        subparagraph (ii) through (v) of this paragraph (7).

        (8) The Chairman shall be appointed by the Directors, 
    from the members of the Board, with the concurrence of 8 of 
    such Directors. To implement the changes in appointing 
    authority under this Section, upon the expiration of the 
    term of or vacancy in office of the Chairman appointed 
    under item (5) of subsection (a) of this Section, a 
    Chairman shall be appointed under this subparagraph.

    (c) No director, while serving as such, shall be an 
officer, a member of the
board of directors or trustee or an 
employee of any transportation agency,
or be an employee of the 
State of Illinois or any department or agency thereof,
or of 
any county, municipality, or any other unit of local government 
or receive any compensation from any
elected or appointed 
office under the Constitution and laws of Illinois.

    (d) Each appointment made under subsections (a) and (b) of 
this Section
 and under Section
3B.03 shall be certified by the 
appointing authority to the Commuter Rail Board
which shall 
maintain the certifications as part of the official records
of 
the Commuter Rail Board.


(Source: P.A. 95-708, eff. 1-18-08.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.