Local Government Committee

Filed: 2/7/2007

 

 


 

 


 
09500HB0004ham001 LRB095 03797 HLH 30877 a

1
AMENDMENT TO HOUSE BILL 4

2     AMENDMENT NO. ______. Amend House Bill 4 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Airport Authorities Act is amended by
5 changing Section 3.1 as follows:
 
6     (70 ILCS 5/3.1)  (from Ch. 15 1/2, par. 68.3a)
7     Sec. 3.1. Boards of commissioners - Appointment. The Boards
8 of Commissioners of Authorities shall be appointed as follows:
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:
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.
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
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
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
16     shall be appointed at large.
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
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
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
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
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
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
14     presiding officer of its governing body.
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
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.
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.
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
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
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.
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.
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.
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
19 consent of the governing bodies of those municipalities.
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:
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.
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
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
14     population between 600,000 and 3,000,000.
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.
19 (Source: P.A. 94-466, eff. 1-1-06.)
 
20     Section 99. Effective date. This Act takes effect upon
21 becoming law.".