96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB6915

 

Introduced , by Rep. Jack D. Franks

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 375/2.5 new
10 ILCS 5/2A-1.2  from Ch. 46, par. 2A-1.2
10 ILCS 5/2A-56 new
40 ILCS 5/22-105 new
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 3615/3B.06  from Ch. 111 2/3, par. 703B.06
70 ILCS 3615/3B.07  from Ch. 111 2/3, par. 703B.07
70 ILCS 3615/3B.12  from Ch. 111 2/3, par. 703B.12

    Amends the State Employees Group Insurance Act of 1971, the Election Code, the Illinois Pension Code, and the Regional Transportation Authority Act. Provides for the nonpartisan election of a 9-member Commuter Rail Board, beginning at the consolidated election in 2011 (now, an 11-member board is appointed). Eliminates compensation and pension and group insurance benefits for members. Makes other changes. Effective immediately.


LRB096 23842 JAM 43229 b

 

 

A BILL FOR

 

HB6915LRB096 23842 JAM 43229 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Employees Group Insurance Act of 1971
5is amended by adding Section 2.5 as follows:
 
6    (5 ILCS 375/2.5 new)
7    Sec. 2.5. Application to Commuter Rail Board members. This
8Act does not apply to any elected member of the Commuter Rail
9Board established by subsection (b-5) of Section 3B.02 of the
10Regional Transportation Authority Act or to any person
11appointed to fill a vacancy on that elected Board.
 
12    Section 10. The Election Code is amended by changing
13Section 2A-1.2 and by adding Section 2A-56 as follows:
 
14    (10 ILCS 5/2A-1.2)  (from Ch. 46, par. 2A-1.2)
15    Sec. 2A-1.2. Consolidated Schedule of Elections - Offices
16Designated.
17    (a) At the general election in the appropriate
18even-numbered years, the following offices shall be filled or
19shall be on the ballot as otherwise required by this Code:
20        (1) Elector of President and Vice President of the
21    United States;

 

 

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1        (2) United States Senator and United States
2    Representative;
3        (3) State Executive Branch elected officers;
4        (4) State Senator and State Representative;
5        (5) County elected officers, including State's
6    Attorney, County Board member, County Commissioners, and
7    elected President of the County Board or County Chief
8    Executive;
9        (6) Circuit Court Clerk;
10        (7) Regional Superintendent of Schools, except in
11    counties or educational service regions in which that
12    office has been abolished;
13        (8) Judges of the Supreme, Appellate and Circuit
14    Courts, on the question of retention, to fill vacancies and
15    newly created judicial offices;
16        (9) (Blank);
17        (10) Trustee of the Metropolitan Sanitary District of
18    Chicago, and elected Trustee of other Sanitary Districts;
19        (11) Special District elected officers, not otherwise
20    designated in this Section, where the statute creating or
21    authorizing the creation of the district requires an annual
22    election and permits or requires election of candidates of
23    political parties.
24    (b) At the general primary election:
25        (1) in each even-numbered year candidates of political
26    parties shall be nominated for those offices to be filled

 

 

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1    at the general election in that year, except where pursuant
2    to law nomination of candidates of political parties is
3    made by caucus.
4        (2) in the appropriate even-numbered years the
5    political party offices of State central committeeman,
6    township committeeman, ward committeeman, and precinct
7    committeeman shall be filled and delegates and alternate
8    delegates to the National nominating conventions shall be
9    elected as may be required pursuant to this Code. In the
10    even-numbered years in which a Presidential election is to
11    be held, candidates in the Presidential preference primary
12    shall also be on the ballot.
13        (3) in each even-numbered year, where the municipality
14    has provided for annual elections to elect municipal
15    officers pursuant to Section 6(f) or Section 7 of Article
16    VII of the Constitution, pursuant to the Illinois Municipal
17    Code or pursuant to the municipal charter, the offices of
18    such municipal officers shall be filled at an election held
19    on the date of the general primary election, provided that
20    the municipal election shall be a nonpartisan election
21    where required by the Illinois Municipal Code. For partisan
22    municipal elections in even-numbered years, a primary to
23    nominate candidates for municipal office to be elected at
24    the general primary election shall be held on the Tuesday 6
25    weeks preceding that election.
26        (4) in each school district which has adopted the

 

 

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1    provisions of Article 33 of the School Code, successors to
2    the members of the board of education whose terms expire in
3    the year in which the general primary is held shall be
4    elected.
5    (c) At the consolidated election in the appropriate
6odd-numbered years, the following offices shall be filled:
7        (1) Municipal officers, provided that in
8    municipalities in which candidates for alderman or other
9    municipal office are not permitted by law to be candidates
10    of political parties, the runoff election where required by
11    law, or the nonpartisan election where required by law,
12    shall be held on the date of the consolidated election; and
13    provided further, in the case of municipal officers
14    provided for by an ordinance providing the form of
15    government of the municipality pursuant to Section 7 of
16    Article VII of the Constitution, such offices shall be
17    filled by election or by runoff election as may be provided
18    by such ordinance;
19        (2) Village and incorporated town library directors;
20        (3) City boards of stadium commissioners;
21        (4) Commissioners of park districts;
22        (5) Trustees of public library districts;
23        (6) Special District elected officers, not otherwise
24    designated in this section, where the statute creating or
25    authorizing the creation of the district permits or
26    requires election of candidates of political parties;

 

 

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1        (7) Township officers, including township park
2    commissioners, township library directors, and boards of
3    managers of community buildings, and Multi-Township
4    Assessors;
5        (8) Highway commissioners and road district clerks;
6        (9) Members of school boards in school districts which
7    adopt Article 33 of the School Code;
8        (10) The directors and chairman of the Chain O Lakes -
9    Fox River Waterway Management Agency;
10        (11) Forest preserve district commissioners elected
11    under Section 3.5 of the Downstate Forest Preserve District
12    Act;
13        (11.5) Members of the Commuter Rail Board;
14        (12) Elected members of school boards, school
15    trustees, directors of boards of school directors,
16    trustees of county boards of school trustees (except in
17    counties or educational service regions having a
18    population of 2,000,000 or more inhabitants) and members of
19    boards of school inspectors, except school boards in school
20    districts that adopt Article 33 of the School Code;
21        (13) Members of Community College district boards;
22        (14) Trustees of Fire Protection Districts;
23        (15) Commissioners of the Springfield Metropolitan
24    Exposition and Auditorium Authority;
25        (16) Elected Trustees of Tuberculosis Sanitarium
26    Districts;

 

 

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1        (17) Elected Officers of special districts not
2    otherwise designated in this Section for which the law
3    governing those districts does not permit candidates of
4    political parties.
5    (d) At the consolidated primary election in each
6odd-numbered year, candidates of political parties shall be
7nominated for those offices to be filled at the consolidated
8election in that year, except where pursuant to law nomination
9of candidates of political parties is made by caucus, and
10except those offices listed in paragraphs (12) through (17) of
11subsection (c).
12    At the consolidated primary election in the appropriate
13odd-numbered years, the mayor, clerk, treasurer, and aldermen
14shall be elected in municipalities in which candidates for
15mayor, clerk, treasurer, or alderman are not permitted by law
16to be candidates of political parties, subject to runoff
17elections to be held at the consolidated election as may be
18required by law, and municipal officers shall be nominated in a
19nonpartisan election in municipalities in which pursuant to law
20candidates for such office are not permitted to be candidates
21of political parties.
22    At the consolidated primary election in the appropriate
23odd-numbered years, municipal officers shall be nominated or
24elected, or elected subject to a runoff, as may be provided by
25an ordinance providing a form of government of the municipality
26pursuant to Section 7 of Article VII of the Constitution.

 

 

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1    (e) (Blank).
2    (f) At any election established in Section 2A-1.1, public
3questions may be submitted to voters pursuant to this Code and
4any special election otherwise required or authorized by law or
5by court order may be conducted pursuant to this Code.
6    Notwithstanding the regular dates for election of officers
7established in this Article, whenever a referendum is held for
8the establishment of a political subdivision whose officers are
9to be elected, the initial officers shall be elected at the
10election at which such referendum is held if otherwise so
11provided by law. In such cases, the election of the initial
12officers shall be subject to the referendum.
13    Notwithstanding the regular dates for election of
14officials established in this Article, any community college
15district which becomes effective by operation of law pursuant
16to Section 6-6.1 of the Public Community College Act, as now or
17hereafter amended, shall elect the initial district board
18members at the next regularly scheduled election following the
19effective date of the new district.
20    (g) At any election established in Section 2A-1.1, if in
21any precinct there are no offices or public questions required
22to be on the ballot under this Code then no election shall be
23held in the precinct on that date.
24    (h) There may be conducted a referendum in accordance with
25the provisions of Division 6-4 of the Counties Code.
26(Source: P.A. 89-5, eff. 1-1-96; 89-95, eff. 1-1-96; 89-626,

 

 

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1eff. 8-9-96; 90-358, eff. 1-1-98.)
 
2    (10 ILCS 5/2A-56 new)
3    Sec. 2A-56. Commuter Rail Board member. A Commuter Rail
4Board member under Section 3B.02 of the Regional Transportation
5Authority Act shall be elected at the consolidated election to
6succeed each incumbent Commuter Rail Board member whose term
7expires before the following consolidated election.
 
8    Section 15. The Illinois Pension Code is amended by adding
9Section 22-105 as follows:
 
10    (40 ILCS 5/22-105 new)
11    Sec. 22-105. Application to Commuter Rail Board members.
12This Code does not apply to any elected member of the Commuter
13Rail Board established by subsection (b-5) of Section 3B.02 of
14the Regional Transportation Authority Act or to any person
15appointed to fill a vacancy on that elected Board.
 
16    Section 20. The Regional Transportation Authority Act is
17amended by changing Sections 3B.02, 3B.03, 3B.06, 3B.07, and
183B.12 as follows:
 
19    (70 ILCS 3615/3B.02)  (from Ch. 111 2/3, par. 703B.02)
20    Sec. 3B.02. Commuter Rail Board.
21    (a) (Blank.) Until April 1, 2008, the governing body of the

 

 

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1Commuter Rail Division shall be a board consisting of 7
2directors appointed pursuant to Sections 3B.03 and 3B.04, as
3follows:
4        (1) One director shall be appointed by the Chairman of
5    the Board of DuPage County with the advice and consent of
6    the County Board of DuPage County and shall reside in
7    DuPage County.
8        (2) Two directors appointed by the Chairmen of the
9    County Boards of Kane, Lake, McHenry and Will Counties with
10    the concurrence of not less than a majority of the chairmen
11    from such counties, from nominees by the Chairmen. Each
12    such chairman may nominate not more than two persons for
13    each position. Each such director shall reside in a county
14    in the metropolitan region other than Cook or DuPage
15    County.
16        (3) Three directors appointed by the members of the
17    Cook County Board elected from that part of Cook County
18    outside of Chicago, or, in the event such Board of
19    Commissioners becomes elected from single member
20    districts, by those Commissioners elected from districts,
21    a majority of the residents of which reside outside
22    Chicago. In either case, such appointment shall be with the
23    concurrence of four such Commissioners. Each such director
24    shall reside in that part of Cook County outside Chicago.
25        (4) One director appointed by the Mayor of the City of
26    Chicago, with the advice and consent of the City Council of

 

 

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1    the City of Chicago. Such director shall reside in the City
2    of Chicago.
3        (5) The chairman shall be appointed by the directors,
4    from the members of the board, with the concurrence of 5 of
5    such directors.
6    (b) After April 1, 2008 and until May 1, 2011 the governing
7body of the Commuter Rail Division shall be a board consisting
8of 11 directors appointed, pursuant to Sections 3B.03 and
93B.04, as follows:
10        (1) One Director shall be appointed by the Chairman of
11    the DuPage County Board with the advice and consent of the
12    DuPage County Board and shall reside in DuPage County. To
13    implement the changes in appointing authority under this
14    Section, upon the expiration of the term of or vacancy in
15    office of the Director appointed under item (1) of
16    subsection (a) of this Section who resides in DuPage
17    County, a Director shall be appointed under this
18    subparagraph.
19        (2) One Director shall be appointed by the Chairman of
20    the McHenry County Board with the advice and consent of the
21    McHenry County Board and shall reside in McHenry County. To
22    implement the change in appointing authority under this
23    Section, upon the expiration of the term of or vacancy in
24    office of the Director appointed under item (2) of
25    subsection (a) of this Section who resides in McHenry
26    County, a Director shall be appointed under this

 

 

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1    subparagraph.
2        (3) One Director shall be appointed by the Will County
3    Executive with the advice and consent of the Will County
4    Board and shall reside in Will County. To implement the
5    change in appointing authority under this Section, upon the
6    expiration of the term of or vacancy in office of the
7    Director appointed under item (2) of subsection (a) of this
8    Section who resides in Will County, a Director shall be
9    appointed under this subparagraph.
10        (4) One Director shall be appointed by the Chairman of
11    the Lake County Board with the advice and consent of the
12    Lake County Board and shall reside in Lake County.
13        (5) One Director shall be appointed by the Chairman of
14    the Kane County Board with the advice and consent of the
15    Kane County Board and shall reside in Kane County.
16        (6) One Director shall be appointed by the Mayor of the
17    City of Chicago with the advice and consent of the City
18    Council of the City of Chicago and shall reside in the City
19    of Chicago. To implement the changes in appointing
20    authority under this Section, upon the expiration of the
21    term of or vacancy in office of the Director appointed
22    under item (4) of subsection (a) of this Section who
23    resides in the City of Chicago, a Director shall be
24    appointed under this subparagraph.
25        (7) Five Directors residing in Cook County outside of
26    the City of Chicago, as follows:

 

 

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1            (i) One Director who resides in Cook County outside
2        of the City of Chicago, appointed by the President of
3        the Cook County Board with the advice and consent of
4        the members of the Cook County Board.
5            (ii) One Director who resides in the township of
6        Barrington, Palatine, Wheeling, Hanover, Schaumburg,
7        or Elk Grove. To implement the changes in appointing
8        authority under this Section, upon the expiration of
9        the term of or vacancy in office of the Director
10        appointed under paragraph (3) of subsection (a) of this
11        Section who resides in the geographic area described in
12        this subparagraph, a Director shall be appointed under
13        this subparagraph.
14            (iii) One Director who resides in the township of
15        Northfield, New Trier, Maine, Niles, Evanston, Leyden,
16        Norwood Park, River Forest, or Oak Park.
17            (iv) One Director who resides in the township of
18        Proviso, Riverside, Berwyn, Cicero, Lyons, Stickney,
19        Lemont, Palos, or Orland. To implement the changes in
20        appointing authority under this Section, upon the
21        expiration of the term of or vacancy in office of the
22        Director appointed under paragraph (3) of subsection
23        (a) of this Section who resides in the geographic area
24        described in this subparagraph and whose term of office
25        had not expired as of August 1, 2007, a Director shall
26        be appointed under this subparagraph.

 

 

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1            (v) One Director who resides in the township of
2        Worth, Calumet, Bremen, Thornton, Rich, or Bloom. To
3        implement the changes in appointing authority under
4        this Section, upon the expiration of the term of or
5        vacancy in office of the Director appointed under
6        paragraph (3) of subsection (a) of this Section who
7        resides in the geographic area described in this
8        subparagraph and whose term of office had expired as of
9        August 1, 2007, a Director shall be appointed under
10        this subparagraph.
11            (vi) The Directors identified under the provisions
12        of subparagraphs (ii) through (v) of this paragraph (7)
13        shall be appointed by the members of the Cook County
14        Board. Each individual Director shall be appointed by
15        those members of the Cook County Board whose Board
16        districts overlap in whole or in part with the
17        geographic territory described in the relevant
18        subparagraph. The vote of County Board members
19        eligible to appoint directors under the provisions of
20        subparagraphs (ii) through (v) of this paragraph (7)
21        shall be weighted by the number of electors residing in
22        those portions of their Board districts within the
23        geographic territory described in the relevant
24        subparagraph (ii) through (v) of this paragraph (7).
25        (8) The Chairman shall be appointed by the Directors,
26    from the members of the Board, with the concurrence of 8 of

 

 

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1    such Directors. To implement the changes in appointing
2    authority under this Section, upon the expiration of the
3    term of or vacancy in office of the Chairman appointed
4    under item (5) of subsection (a) of this Section, a
5    Chairman shall be appointed under this subparagraph.
6    Notwithstanding any other provision of this Act, however,
7the terms of all members of the Commuter Rail Board serving on
8April 30, 2011 shall terminate at the close of business on that
9day, and the Commuter Rail Board shall thereupon be
10reconstituted as provided in subsection (b-5) of this Section.
11    (b-5) Beginning May 1, 2011, the governing body of the
12Commuter Rail Division shall be a board consisting of 9
13directors elected as follows:
14        (1) One director shall be elected by the electors of
15    the City of Chicago and shall represent and reside in the
16    City of Chicago;
17        (2) Three directors shall be elected by the electors of
18    that part of Cook County outside the City of Chicago and
19    shall represent and reside in that part of Cook County;
20        (3) One director shall be elected by the electors of
21    DuPage County and shall represent and reside in DuPage
22    County;
23        (4) One director shall be elected by the electors of
24    Kane County and shall represent and reside in Kane County;
25        (5) One director shall be elected by the electors of
26    Lake County and shall represent and reside in Lake County;

 

 

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1        (6) One director shall be elected by the electors of
2    McHenry County and shall represent and reside in McHenry
3    County;
4        (7) One director shall be elected by the electors of
5    Will County and shall represent and reside in Will County.
6    The chairman shall be appointed by the directors, from the
7members of the board, with the concurrence of at least 6 of the
8directors.
9    The directors provided for in this subsection (b-5) shall
10be nominated and elected on a nonpartisan basis as provided in
11Section 3B.03 of this Act and in the Election Code.
12    (c) No director, while serving as such, shall be an
13officer, a member of the board of directors or trustee or an
14employee of any transportation agency, or be an employee of the
15State of Illinois or any department or agency thereof, or of
16any unit of local government or receive any compensation from
17any elected or appointed office under the Constitution and laws
18of Illinois.
19    (d) Each appointment made under subsections (a) and (b) of
20this Section and under Section 3B.03 shall be certified by the
21appointing authority to the Commuter Rail Board which shall
22maintain the certifications as part of the official records of
23the Commuter Rail Board.
24(Source: P.A. 95-708, eff. 1-18-08.)
 
25    (70 ILCS 3615/3B.03)  (from Ch. 111 2/3, par. 703B.03)

 

 

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1    Sec. 3B.03. Terms, Elections, Vacancies.
2    (a) This subsection (a) applies only to directors appointed
3under subsection (b) of Section 3B.02. Each director shall be
4appointed for a term of 4 years, and until his successor has
5been appointed and qualified. A vacancy shall occur upon the
6resignation, death, conviction of a felony, or removal from
7office of a director. Any director may be removed from office
8upon the concurrence of not less than 8 directors, on a formal
9finding of incompetence, neglect of duty, or malfeasance in
10office. Within 30 days after the office of any appointed
11director becomes vacant for any reason other than the
12termination of appointed directors under subsection (b-5) of
13Section 3B.02, the appropriate appointing authorities of such
14director, as provided in Section 3B.02, shall make an
15appointment to fill the vacancy. A vacancy shall be filled for
16the unexpired term.
17    (b) The directors provided for in subsection (b-5) of
18Section 3B.02 shall be elected on a nonpartisan basis at the
19consolidated election, beginning in 2011.
20    Nomination shall be by petition, signed by at least 0.1% of
21the registered voters of the area to be represented, filed with
22the appropriate election authority in accordance with the
23general election law. In elections for directors representing
24that part of Cook County outside the City of Chicago, when more
25than one such director is to be elected, the electors may vote
26for as many candidates as there are directors to be elected but

 

 

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1may not give any one candidate more than one vote.
2    Of the directors elected in 2011, (i) the directors
3described in items (3), (5), and (7) of subsection (b-5) of
4Section 3B.02, and the director described in item (2) thereof
5who receives the greatest number of votes in the consolidated
6election, shall be elected for terms of 4 years; and (ii) the
7directors described in items (1), (4), and (6) of subsection
8(b-5) of Section 3B.02, and the 2 directors described in item
9(2) thereof who receive the second and third greatest number of
10votes, shall be elected for terms of 2 years. Thereafter, all
11directors shall be elected for terms of 4 years. All terms
12shall begin on May 1, and directors shall continue to serve
13until their successors are elected and have qualified.
14    (c) Beginning May 1, 2011, a vacancy shall be filled for
15the remainder of the term by a person appointed by the county
16board chairman of the county represented by the director
17causing the vacancy or, in the case of the director
18representing the City of Chicago, by the Mayor of the City of
19Chicago.
20(Source: P.A. 95-708, eff. 1-18-08.)
 
21    (70 ILCS 3615/3B.06)  (from Ch. 111 2/3, par. 703B.06)
22    Sec. 3B.06. Compensation; pension; benefits. Until May 1,
232011, the The Chairman of the Commuter Rail Board shall receive
24an annual salary of $25,000. Until May 1, 2011, Other members
25of the Commuter Rail Board other than the chairman shall

 

 

HB6915- 18 -LRB096 23842 JAM 43229 b

1receive an annual salary of $15,000. Beginning May 1, 2011,
2members of the Commuter Rail Board, including the chairman,
3shall receive no annual salary or other compensation for their
4service in office, except that the chairman and each Each
5member shall be reimbursed for actual expenses incurred in the
6performance of his duties.
7    No service or contribution shall be credited in any
8retirement system or pension fund, under the Illinois Pension
9Code or otherwise, to the chairman or any other member of the
10Board for service in that office beginning on or after May 1,
112011, and no public funds shall be appropriated, expended, or
12otherwise obligated for such a retirement system or pension
13fund credit. Except as otherwise provided in this Act,
14beginning May 1, 2011, the chairman or any other member of the
15Board shall receive no financial benefit or perquisite for his
16or her service in such office, including without limitation
17participation in a program of life or health insurance.
18    Officers of the Division shall not be required to comply
19with the requirements of the Public Funds Statement Publication
20Act "An Act requiring certain custodians of public monies to
21file and publish statements of the receipts and disbursements
22thereof", approved June 24, 1919, as now or hereafter amended.
23(Source: P.A. 83-1156.)
 
24    (70 ILCS 3615/3B.07)  (from Ch. 111 2/3, par. 703B.07)
25    Sec. 3B.07. Meetings. The Commuter Rail Board shall

 

 

HB6915- 19 -LRB096 23842 JAM 43229 b

1prescribe the times and places for meetings and the manner in
2which special meetings may be called. The Commuter Rail Board
3shall comply in all respects with the "Open Meetings Act", as
4now or hereafter amended. All records, documents and papers of
5the Commuter Rail Division, other than those relating to
6matters concerning which closed sessions of the Commuter Rail
7Board may be held, shall be available for public examination,
8subject to such reasonable regulations as the board may adopt.
9    A majority of the members shall constitute a quorum for the
10conduct of business. Until May 1, 2011, the The affirmative
11votes of at least 6 members shall be necessary for any action
12required by this Act to be taken by ordinance. Beginning May 1,
132011, the affirmative votes of at least 5 members shall be
14necessary for any action required by this Act to be taken by
15ordinance.
16(Source: P.A. 95-708, eff. 1-18-08.)
 
17    (70 ILCS 3615/3B.12)  (from Ch. 111 2/3, par. 703B.12)
18    Sec. 3B.12. Working Cash Borrowing. The Commuter Rail Board
19with the affirmative vote of at least two-thirds of 7 of its
20Directors may demand and direct the Board of the Authority to
21issue Working Cash Notes at such time and in such amounts and
22having such maturities as the Commuter Rail Board deems proper,
23provided however any such borrowing shall have been
24specifically identified in the budget of the Commuter Rail
25Board as approved by the Board of the Authority. Provided

 

 

HB6915- 20 -LRB096 23842 JAM 43229 b

1further, that the Commuter Rail Board may not demand and direct
2the Board of the Authority to have issued and have outstanding
3at any time in excess of $20,000,000 in Working Cash Notes.
4(Source: P.A. 95-708, eff. 1-18-08.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.