Bill Text: IL SB2595 | 2013-2014 | 98th General Assembly | Introduced

---

Bill Title: Amends the Regional Transportation Authority Act. Requires approval by city, county, and township boards for appointments to the Commuter Rail Board. On the effective date of the 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 the 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. 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB2595 Detail]

Download: Illinois-2013-SB2595-Introduced.html

---

98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB2595 Introduced 10/9/2013, 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.
LRB098 12865 OMW 47420 b
A BILL FOR
SB2595 LRB098 12865 OMW 47420 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 Regional Transportation Authority Act is
amended by changing Sections 3B.02 and 3B.03 and by adding
Section 5.06 as follows:
(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.

SB2595 - 2 - LRB098 12865 OMW 47420 b
(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, by a
two-thirds majority vote, 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

SB2595 - 3 - LRB098 12865 OMW 47420 b
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, by a
two-thirds majority vote, 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, by a two-thirds
majority vote, 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, by a
two-thirds majority vote, 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, by a

SB2595 - 4 - LRB098 12865 OMW 47420 b
two-thirds majority vote, 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, by a
two-thirds majority vote, 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, by a
two-thirds majority vote, 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. The Director shall be approved by a
majority vote of at least 4 of the township boards. 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

SB2595 - 5 - LRB098 12865 OMW 47420 b
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. The Director
shall be approved by a majority vote of at least 6 of
the township boards.
(iv) One Director who resides in the township of
Proviso, Riverside, Berwyn, Cicero, Lyons, Stickney,
Lemont, Palos, or Orland. The Director shall be
approved by a majority vote of at least 6 of the
township boards. 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. The
Director shall be approved by a majority vote of at
least 4 of the township boards. To implement the
changes in appointing authority under this Section,

SB2595 - 6 - LRB098 12865 OMW 47420 b
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 for a 2 year term
by the Directors, from the members of the Board, with the
concurrence of 8 of such Directors. The Chairman may be
reappointed, but may not be reappointed for consecutive
terms. To implement the changes in appointing authority
under this Section, upon the expiration of the term of or

SB2595 - 7 - LRB098 12865 OMW 47420 b
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 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.)
(70 ILCS 3615/3B.03) (from Ch. 111 2/3, par. 703B.03)
Sec. 3B.03. Terms, Vacancies.
(a) Each director shall be appointed for a term of 4 years,
and until his successor has been appointed and qualified. A
vacancy shall occur upon the resignation, death, conviction of
a felony, or removal from office of a director. Any director
may be removed from office (i) upon the concurrence of not less
than 8 directors, on a formal finding of incompetence, neglect
of duty, or malfeasance in office, or (ii) by the Governor in

SB2595 - 8 - LRB098 12865 OMW 47420 b
response to a summary report received from the Executive
Inspector General in accordance with Section 20-50 of the State
Officials and Employees Ethics Act, provided he or she has an
opportunity to be publicly heard in person or by counsel prior
to removal, or (iii) by that director's appointing authority,
with the consent of the relevant local legislative body or
bodies under Section 3B.02 of this Act, in the same manner as
provided for consent in Section 3B.02 of this Act. Within 30
days after the office of any director becomes vacant for any
reason, the appropriate appointing authorities of such
director, as provided in Section 3B.02, shall make an
appointment to fill the vacancy. A vacancy shall be filled for
the unexpired term.
(b) Notwithstanding any other provision of law to the
contrary, all directors holding office on the effective date of
this amendatory Act of the 98th General Assembly are hereby
removed from office on the effective date of this amendatory
Act of the 98th General Assembly and may not be reappointed.
New directors shall be appointed to fill the vacancies created
under this subsection pursuant to Section 3B.02 of this Act.
Each director newly appointed under this subsection shall serve
for the remainder of the unexpired term of the former director
that he or she is appointed to replace. Directors appointed on
or after the effective date of this amendatory Act of the 98th
General Assembly may be reappointed, but may not be reappointed
for consecutive terms.

SB2595 - 9 - LRB098 12865 OMW 47420 b
(Source: P.A. 95-708, eff. 1-18-08; 96-1528, eff. 7-1-11.)
(70 ILCS 3615/5.06 new)
Sec. 5.06. Ex parte communications.
(a) "Ex parte communication" means any written or oral
communication by any person that imparts or requests material
information or makes a material argument regarding potential
action concerning regulatory, quasi-adjudicatory, investment,
or licensing matters pending before or under consideration by
any of the Regional Transit Boards. "Ex parte communication"
shall also include any written or oral communication made by a
person that imparts or requests material information or makes a
material argument concerning procurement or personnel
decisions by any of the Regional Transit Boards. "Ex parte
communication" does not include the following: (i) statements
by a person publicly made in a public forum; (ii) statements
regarding matters of procedure and practice, such as format,
the number of copies required, the manner of filing, and the
status of a matter; and (iii) statements made by an employee of
a Regional Transit Board to the head or other employees of that
Regional Transit Board.
(b) An ex parte communication received by a Regional
Transit Board, or by the head or other employee of a Regional
Transit Board, from an interested party or his or her official
representative or attorney shall promptly be memorialized and
made a part of the record.

SB2595 - 10 - LRB098 12865 OMW 47420 b
(c) An ex parte communication received by any Regional
Transit Board, or by the head or other employee of a Regional
Transit Board, other than an ex parte communication described
in subsection (b), shall immediately be reported to that
Regional Transit Board's ethics officer by the recipient of the
communication and by any other employee of that Regional
Transit Board who responds to the communication. The ethics
officer shall require that the ex parte communication be
promptly made a part of the public record and made available to
the public. The ethics officer shall promptly file the ex parte
communication with the Office of the Executive Inspector
General, including all written communications, all written
responses to the communications, and a memorandum prepared by
the ethics officer stating the nature and substance of all oral
communications, the identity and job title of the person to
whom each communication was made, all responses made, the
identity and job title of the person making each response, the
identity of each person from whom the written or oral ex parte
communication was received, the individual or entity
represented by that person, any action the person requested or
recommended, and any other pertinent information. The
disclosure shall also contain the date of any ex parte
communication.
(d) Any person who fails to (i) report an ex parte
communication to an ethics officer, (ii) make information part
of the record, or (iii) make a filing with the Office of the

SB2595 - 11 - LRB098 12865 OMW 47420 b
Executive Inspector General as required by this Section is
guilty of a business offense and is subject to a fine of at
least $1,001 and up to $5,000.
Section 99. Effective date. This Act takes effect upon
becoming law.