Bill Text: IL SB3943 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2010-11-16 - Assigned to Transportation [SB3943 Detail]

Download: Illinois-2009-SB3943-Introduced.html

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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
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 as follows:
(70 ILCS 3615/3B.02) (from Ch. 111 2/3, par. 703B.02)
Sec. 3B.02. Commuter Rail Board.
(a) (Blank). 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.

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(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) Until 30 days after the effective date of this
amendatory Act of the 96th General Assembly, 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

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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

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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

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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

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

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shall be reappointed as a Director under this subsection.
On and after the effective date of this amendatory Act of
the 96th General Assembly, 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, by the
Governor, with the advice and consent of the Senate, as
follows:
(1) One Director shall reside in DuPage County.
(2) One Director shall reside in McHenry County.
(3) One Director shall reside in Will County.
(4) One Director shall reside in Lake County.
(5) One Director shall reside in Kane County.
(6) One Director shall reside in the City of Chicago.
(7) Five Directors shall reside in Cook County outside
of the City of Chicago, as follows:
(A) One Director shall reside in Cook County
outside of the City of Chicago.
(B) One Director shall reside in the township of
Barrington, Palatine, Wheeling, Hanover, Schaumburg,
or Elk Grove.
(C) One Director shall reside in the township of
Northfield, New Trier, Maine, Niles, Evanston, Leyden,
Norwood Park, River Forest, or Oak Park.
(D) One Director shall reside in the township of
Proviso, Riverside, Berwyn, Cicero, Lyons, Stickney,
Lemont, Palos, or Orland.

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(E) One Director shall reside in the township of
Worth, Calumet, Bremen, Thornton, Rich, or Bloom.
No more than 6 directors shall be affiliated with the same
political party.
The chairperson shall be appointed by the Directors, from
the members of the Board, with the concurrence of 8 of such
Directors.
(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) (Blank). 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. Each director shall be
appointed for a term of 4 years, and until his or her successor
has been appointed and qualified. A vacancy shall occur upon
the resignation, death, conviction of a felony, or removal from

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office of a director. Each director must be a resident of the
geographic area from which he or she was appointed. The failure
of a director to meet or maintain this residency requirement
constitutes a resignation by that director, and creates a
vacancy which shall be filled by the Governor with the advice
and consent of the Senate. Any director may be removed from
office by the Governor for upon the concurrence of not less
than 8 directors, on a formal finding of incompetence, neglect
of duty, or malfeasance in office. Within 30 days after the
office of any director becomes vacant for any reason, the
Governor, with the advice and consent of the Senate,
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.
(Source: P.A. 95-708, eff. 1-18-08.)
Section 99. Effective date. This Act takes effect upon
becoming law.