Illinois General Assembly - Full Text of Public Act 098-0709

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Public Act 098-0709

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Public Act 0709 98TH GENERAL ASSEMBLY

Public Act 098-0709

HB3659 Enrolled LRB098 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.

Effective Date: 7/16/2014

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