Local Government Committee
Filed: 2/7/2007
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1 | AMENDMENT TO HOUSE BILL 4
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2 | AMENDMENT NO. ______. Amend House Bill 4 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Airport Authorities Act is amended by | ||||||
5 | changing Section 3.1 as follows:
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6 | (70 ILCS 5/3.1) (from Ch. 15 1/2, par. 68.3a)
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7 | Sec. 3.1. Boards of commissioners - Appointment. The Boards | ||||||
8 | of
Commissioners of Authorities shall be appointed as follows:
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9 | (1) In case there are one or more municipalities having a | ||||||
10 | population of
5,000 or more within the Authority, the | ||||||
11 | commissioners shall be appointed as
follows:
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12 | (a) Where there is only one such municipality, 3 | ||||||
13 | commissioners shall be
appointed from such municipality, | ||||||
14 | and 2 commissioners shall be appointed at
large.
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15 | (b) Where there are 2 or more such municipalities, one | ||||||
16 | commissioner
shall be appointed from each municipality |
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1 | with a population between 5,000 and 45,000, 2 commissioners | ||||||
2 | shall be appointed from each municipality with a population | ||||||
3 | of more than 45,000,
such municipality and 3 commissioners | ||||||
4 | shall be appointed at large; except
that when the physical | ||||||
5 | facilities of the airport of the Authority are located
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6 | wholly within a single county with a population between | ||||||
7 | 600,000 and
3,000,000 there shall be one commissioner | ||||||
8 | appointed from each municipality
within the corporate | ||||||
9 | limits of the Authority having 5,000 or more
population and | ||||||
10 | 5 commissioners appointed at large. If the
Authority is | ||||||
11 | located wholly within the corporate limits of such
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12 | municipalities, 2 commissioners shall be appointed from | ||||||
13 | the one of such
municipalities having the largest | ||||||
14 | population, and one commissioner shall be
appointed from | ||||||
15 | each of the other such municipalities, and 2 commissioners
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16 | shall be appointed at large.
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17 | (c) Commissioners representing the area within an | ||||||
18 | Authority located
outside of any municipality having 5,000 | ||||||
19 | or more population and
commissioners appointed at large | ||||||
20 | when the authority is wholly contained
within a single | ||||||
21 | county shall be appointed by the presiding officer of the
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22 | county board with the advice and consent of the county | ||||||
23 | board, and when the
physical facilities of the airport of | ||||||
24 | the Authority are located wholly within
a single county | ||||||
25 | with a population between 600,000 and 3,000,000 the
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26 | commissioners appointed at large shall be appointed by the
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1 | chairman of the county board of such county, and any
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2 | commissioner representing the area within any such | ||||||
3 | municipality shall be
appointed by its mayor or the | ||||||
4 | presiding officer of its governing body. If
however the | ||||||
5 | district is located in more than one county other than a
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6 | county with a population between 600,000 and 3,000,000, the | ||||||
7 | members of the
General Assembly whose legislative | ||||||
8 | districts encompass any portion of the
Authority shall | ||||||
9 | appoint the commissioners representing the area within an
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10 | Authority located outside of any municipality having 5,000 | ||||||
11 | or more
population and commissioners at large but any | ||||||
12 | commissioner representing the
area within any such | ||||||
13 | municipality shall be appointed by its mayor or the
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14 | presiding officer of its governing body.
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15 | (d) A commissioner representing the area within any | ||||||
16 | such municipality
shall reside within its corporate | ||||||
17 | limits. A commissioner appointed at large may reside
either | ||||||
18 | within or without any such municipality but must reside | ||||||
19 | within the
territory of the authority. Should any | ||||||
20 | commissioner cease to reside within
that part of the | ||||||
21 | territory he represents, or should the territory in which
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22 | he resides cease to be a part of the authority, then his | ||||||
23 | office shall be
deemed vacated, and shall be filled by | ||||||
24 | appointment for the remainder of the
term as hereinafter | ||||||
25 | provided.
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26 | (2) In case there are no municipalities having a population |
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1 | of 5,000 or
more within such authority located wholly within a | ||||||
2 | single county, such
order shall so find, and in such case the | ||||||
3 | Board shall consist of 5
commissioners who shall be appointed | ||||||
4 | at large by the presiding officer of
the county board with the | ||||||
5 | advice and consent of the county board. If
however the district | ||||||
6 | is located in more than one county, the members of the
General | ||||||
7 | Assembly whose legislative districts encompass any portion of | ||||||
8 | the
Authority shall appoint the commissioners at large.
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9 | (3) Should a municipality which is wholly within an | ||||||
10 | authority attain, or
should such a municipality be established, | ||||||
11 | having a population of 5,000 or
more after the entry of said | ||||||
12 | order by the circuit court, the presiding
officer of such | ||||||
13 | municipality may petition the circuit court for an order
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14 | finding and determining the population of such municipality | ||||||
15 | and, if it is
found and determined upon the hearing of said | ||||||
16 | petition that the population
of such municipality is 5,000 or | ||||||
17 | more, the board of commissioners of such
authority as | ||||||
18 | previously established shall be increased by one commissioner
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19 | who shall reside within the corporate limits of such | ||||||
20 | municipality and shall
be appointed by its presiding officer. | ||||||
21 | The initial commissioner so
appointed shall serve for a term of | ||||||
22 | 1, 2, 3, 4 or 5 years, as may be
determined by lot, and his | ||||||
23 | successors shall be similarly appointed and
shall serve for | ||||||
24 | terms of 5 years. All provisions of this section applicable
to | ||||||
25 | commissioners representing municipal areas shall apply to any | ||||||
26 | such
commissioner. Each such commissioner shall reside within |
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1 | the authority and
shall continue to reside therein.
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2 | (4) Notwithstanding any other provision of this Section, | ||||||
3 | the Board of
Commissioners of a Metropolitan Airport Authority | ||||||
4 | shall consist of 9
commissioners.
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5 | Seven commissioners shall be residents of the county with
a | ||||||
6 | population between 600,000 and 3,000,000 within which the | ||||||
7 | Metropolitan
Airport Authority was established. These | ||||||
8 | commissioners shall be
appointed by the county board chairman | ||||||
9 | of the county
with a population between 600,000 and 3,000,000 | ||||||
10 | within which the
Metropolitan Airport Authority was | ||||||
11 | established, with the advice and
consent of the county board of | ||||||
12 | that county.
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13 | Two commissioners shall be residents of the territory of | ||||||
14 | the Authority
located outside the county with a population | ||||||
15 | between 600,000 and 3,000,000.
These commissioners shall be | ||||||
16 | appointed jointly by the mayors of the
municipalities having a | ||||||
17 | population over 5,000 that are located outside the
county with | ||||||
18 | a population between 600,000 and 3,000,000, with the advice and
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19 | consent of the governing bodies of those municipalities.
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20 | The transition from the pre-existing composition of the | ||||||
21 | Metropolitan
Airport Authority Board of Commissioners to the | ||||||
22 | composition specified in
this amendatory Act of 1991 shall be | ||||||
23 | accomplished as follows:
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24 | (A) The appointee who was required to be a resident of | ||||||
25 | the area
outside of the county with a population between | ||||||
26 | 600,000 and 3,000,000 may
serve until his or her term |
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1 | expires. The replacement shall be one of the 2
appointees | ||||||
2 | who shall be residents of the territory of the Authority | ||||||
3 | located
outside the county with a population between | ||||||
4 | 600,000 and 3,000,000.
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5 | (B) The other 8 commissioners may serve until their | ||||||
6 | terms expire. Upon
the occurrence of the second vacancy | ||||||
7 | among these 8 commissioners after the
effective date of | ||||||
8 | this amendatory Act of 1991, the replacement shall be the
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9 | second of the 2 appointees who shall be residents of the | ||||||
10 | territory of the
Authority located outside of the county | ||||||
11 | with a population between 600,000
and 3,000,000. Upon the | ||||||
12 | expiration of the terms of the other 7
commissioners, the | ||||||
13 | replacements shall be residents of the county with a
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14 | population between 600,000 and 3,000,000.
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15 | (C) All commissioners appointed after the effective | ||||||
16 | date of this
amendatory Act of 1991, and their successors, | ||||||
17 | shall be appointed in the
manner set forth in this | ||||||
18 | amendatory Act of 1991.
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19 | (Source: P.A. 94-466, eff. 1-1-06.)
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20 | Section 99. Effective date. This Act takes effect upon | ||||||
21 | becoming law.".
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