Full Text of HB3726 94th General Assembly
HB3726 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB3726
Introduced 2/24/2005, by Rep. Jack D. Franks SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/2A-1.2 |
from Ch. 46, par. 2A-1.2 |
10 ILCS 5/2A-56 new |
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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 |
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Amends the Election Code and the Regional Transportation Authority Act. Provides for the nonpartisan election of members of the Commuter Rail Board, beginning at the consolidated election in 2007. Adds 2 additional members, and makes a pro rata reduction in member salaries. Makes other changes. Effective immediately.
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A BILL FOR
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HB3726 |
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| AN ACT concerning public transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing Section | 5 |
| 2A-1.2 and by adding Section 2A-56 as follows:
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| (10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
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| Sec. 2A-1.2. Consolidated Schedule of Elections - Offices | 8 |
| Designated.
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| (a) At the general election in the appropriate | 10 |
| even-numbered years, the
following offices shall be filled or | 11 |
| shall be on the ballot as otherwise
required by this Code:
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| (1) Elector of President and Vice President of the | 13 |
| United States;
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| (2) United States Senator and United States | 15 |
| Representative;
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| (3) State Executive Branch elected officers;
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| (4) State Senator and State Representative;
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| (5) County elected officers, including State's | 19 |
| Attorney, County Board
member, County Commissioners, and | 20 |
| elected President of the County Board or
County Chief | 21 |
| Executive;
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| (6) Circuit Court Clerk;
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| (7) Regional Superintendent of Schools, except in | 24 |
| counties or
educational service regions in which that | 25 |
| office has been abolished;
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| (8) Judges of the Supreme, Appellate and Circuit | 27 |
| Courts, on the question
of retention, to fill vacancies and | 28 |
| newly created judicial offices;
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| (9) (Blank);
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| (10) Trustee of the Metropolitan Sanitary District of | 31 |
| Chicago, and elected
Trustee of other Sanitary Districts;
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| (11) Special District elected officers, not otherwise |
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| designated in this
Section, where the statute creating or | 2 |
| authorizing the creation of
the district requires an annual | 3 |
| election and permits or requires election
of candidates of | 4 |
| political parties.
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| (b) At the general primary election:
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| (1) in each even-numbered year candidates of political | 7 |
| parties shall be
nominated for those offices to be filled | 8 |
| at the general election in that
year, except where pursuant | 9 |
| to law nomination of candidates of political
parties is | 10 |
| made by caucus.
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| (2) in the appropriate even-numbered years the | 12 |
| political party offices of
State central committeeman, | 13 |
| township committeeman, ward committeeman, and
precinct | 14 |
| committeeman shall be filled and delegates and alternate | 15 |
| delegates
to the National nominating conventions shall be | 16 |
| elected as may be required
pursuant to this Code. In the | 17 |
| even-numbered years in which a Presidential
election is to | 18 |
| be held, candidates in the Presidential preference primary
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| shall also be on the ballot.
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| (3) in each even-numbered year, where the municipality | 21 |
| has provided for
annual elections to elect municipal | 22 |
| officers pursuant to Section 6(f) or
Section 7 of Article | 23 |
| VII of the Constitution, pursuant to the Illinois
Municipal | 24 |
| Code or pursuant to the municipal charter, the offices of | 25 |
| such
municipal officers shall be filled at an election held | 26 |
| on the date of the
general primary election, provided that | 27 |
| the municipal election shall be a
nonpartisan election | 28 |
| where required by the Illinois Municipal Code. For
partisan | 29 |
| municipal elections in even-numbered years, a primary to | 30 |
| nominate
candidates for municipal office to be elected at | 31 |
| the general primary
election shall be held on the Tuesday 6 | 32 |
| weeks preceding that election.
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| (4) in each school district which has adopted the | 34 |
| provisions of
Article 33 of the School Code, successors to | 35 |
| the members of the board
of education whose terms expire in | 36 |
| the year in which the general primary is
held shall be |
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| elected.
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| (c) At the consolidated election in the appropriate | 3 |
| odd-numbered years,
the following offices shall be filled:
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| (1) Municipal officers, provided that in | 5 |
| municipalities in which
candidates for alderman or other | 6 |
| municipal office are not permitted by law
to be candidates | 7 |
| of political parties, the runoff election where required
by | 8 |
| law, or the nonpartisan election where required by law, | 9 |
| shall be held on
the date of the consolidated election; and | 10 |
| provided further, in the case of
municipal officers | 11 |
| provided for by an ordinance providing the form of
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| government of the municipality pursuant to Section 7 of | 13 |
| Article VII of the
Constitution, such offices shall be | 14 |
| filled by election or by runoff
election as may be provided | 15 |
| by such ordinance;
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| (2) Village and incorporated town library directors;
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| (3) City boards of stadium commissioners;
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| (4) Commissioners of park districts;
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| (5) Trustees of public library districts;
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| (6) Special District elected officers, not otherwise | 21 |
| designated in this
section, where the statute creating or | 22 |
| authorizing the creation of the district
permits or | 23 |
| requires election of candidates of political parties;
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| (7) Township officers, including township park | 25 |
| commissioners, township
library directors, and boards of | 26 |
| managers of community buildings, and
Multi-Township | 27 |
| Assessors;
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| (8) Highway commissioners and road district clerks;
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| (9) Members of school boards in school districts which | 30 |
| adopt Article 33
of the School Code;
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| (10) The directors and chairman of the Chain O Lakes - | 32 |
| Fox River Waterway
Management Agency;
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| (11) Forest preserve district commissioners elected | 34 |
| under Section 3.5 of
the Downstate Forest Preserve District | 35 |
| Act;
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| (11.5) Members of the Commuter Rail Board;
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| (12) Elected members of school boards, school | 2 |
| trustees, directors of
boards of school directors, | 3 |
| trustees of county boards of school trustees
(except in | 4 |
| counties or educational service regions having a | 5 |
| population
of 2,000,000 or more inhabitants) and members of | 6 |
| boards of school inspectors,
except school boards in school
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| districts that adopt Article 33 of the School Code;
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| (13) Members of Community College district boards;
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| (14) Trustees of Fire Protection Districts;
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| (15) Commissioners of the Springfield Metropolitan | 11 |
| Exposition and
Auditorium
Authority;
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| (16) Elected Trustees of Tuberculosis Sanitarium | 13 |
| Districts;
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| (17) Elected Officers of special districts not | 15 |
| otherwise designated in
this Section for which the law | 16 |
| governing those districts does not permit
candidates of | 17 |
| political parties.
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| (d) At the consolidated primary election in each | 19 |
| odd-numbered year,
candidates of political parties shall be | 20 |
| nominated for those offices to be
filled at the consolidated | 21 |
| election in that year, except where pursuant to
law nomination | 22 |
| of candidates of political parties is made by caucus, and
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| except those offices listed in paragraphs (12) through (17) of | 24 |
| subsection
(c).
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| At the consolidated primary election in the appropriate | 26 |
| odd-numbered years,
the mayor, clerk, treasurer, and aldermen | 27 |
| shall be elected in
municipalities in which
candidates for | 28 |
| mayor, clerk, treasurer, or alderman are not permitted by
law | 29 |
| to be candidates
of political parties, subject to runoff | 30 |
| elections to be held at the
consolidated election as may be | 31 |
| required
by law, and municipal officers shall be nominated in a | 32 |
| nonpartisan election
in municipalities in which pursuant to law | 33 |
| candidates for such office are
not permitted to be candidates | 34 |
| of political parties.
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| At the consolidated primary election in the appropriate | 36 |
| odd-numbered years,
municipal officers shall be nominated or |
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| elected, or elected subject to
a runoff, as may be provided by | 2 |
| an ordinance providing a form of government
of the municipality | 3 |
| pursuant to Section 7 of Article VII of the Constitution.
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| (e) (Blank).
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| (f) At any election established in Section 2A-1.1, public | 6 |
| questions may
be submitted to voters pursuant to this Code and | 7 |
| any special election
otherwise required or authorized by law or | 8 |
| by court order may be conducted
pursuant to this Code.
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| Notwithstanding the regular dates for election of officers | 10 |
| established
in this Article, whenever a referendum is held for | 11 |
| the establishment of
a political subdivision whose officers are | 12 |
| to be elected, the initial officers
shall be elected at the | 13 |
| election at which such referendum is held if otherwise
so | 14 |
| provided by law. In such cases, the election of the initial | 15 |
| officers
shall be subject to the referendum.
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| Notwithstanding the regular dates for election of | 17 |
| officials established
in this Article, any community college | 18 |
| district which becomes effective by
operation of law pursuant | 19 |
| to Section 6-6.1 of the Public Community College
Act, as now or | 20 |
| hereafter amended, shall elect the initial district board
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| members at the next regularly scheduled election following the | 22 |
| effective
date of the new district.
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| (g) At any election established in Section 2A-1.1, if in | 24 |
| any precinct
there are no offices or public questions required | 25 |
| to be on the ballot under
this Code then no election shall be | 26 |
| held in the precinct on that date.
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| (h) There may be conducted a
referendum in accordance with | 28 |
| the provisions of Division 6-4 of the
Counties Code.
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| (Source: P.A. 89-5, eff. 1-1-96; 89-95,
eff. 1-1-96; 89-626, | 30 |
| eff. 8-9-96; 90-358, eff. 1-1-98.)
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| (10 ILCS 5/2A-56 new) | 32 |
| Sec. 2A-56. A
Commuter Rail Board member under Section | 33 |
| 3B.02 of the
Regional Transportation Authority Act shall be | 34 |
| elected at the consolidated
election to succeed each incumbent | 35 |
| Commuter Rail Board member whose term expires before the
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| following consolidated election. | 2 |
| Section 10. The Regional Transportation Authority Act is | 3 |
| amended by changing Sections 3B.02, 3B.03, 3B.06, 3B.07, and | 4 |
| 3B.12 as follows:
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| (70 ILCS 3615/3B.02) (from Ch. 111 2/3, par. 703B.02)
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| Sec. 3B.02. Commuter Rail Board. | 7 |
| (1) Until May 1, 2007, the
The governing body of the | 8 |
| Commuter
Rail Division shall be a board consisting of 7 | 9 |
| directors appointed pursuant
to Sections 3B.03 and 3B.04 and | 10 |
| subject to the provisions of this subsection (1) , as follows:
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| (a) One director shall be appointed by the Chairman of the | 12 |
| Board of DuPage
County with the advice and consent of the | 13 |
| County Board of DuPage County
and shall reside in DuPage | 14 |
| County;
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| (b) Two directors appointed by the Chairmen of the County | 16 |
| Boards of Kane,
Lake, McHenry and Will Counties with the | 17 |
| concurrence of not less than a
majority of the chairmen from | 18 |
| such counties, from nominees by the Chairmen.
Each such | 19 |
| chairman may nominate not more than two persons for each | 20 |
| position.
Each such director shall reside in a county in the | 21 |
| metropolitan region other
than Cook or DuPage County.
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| (c) Three directors appointed by the members of the Cook | 23 |
| County Board elected
from that part of Cook County outside of | 24 |
| Chicago, or, in the event such Board
of Commissioners becomes | 25 |
| elected from single member districts, by those
Commissioners | 26 |
| elected from districts, a majority of the residents of which
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| reside outside Chicago. In either case, such appointment shall | 28 |
| be with
the concurrence of four such Commissioners. Each such | 29 |
| director shall reside
in that part of Cook County outside | 30 |
| Chicago.
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| (d) One director appointed by the Mayor of the City of | 32 |
| Chicago, with the
advice and consent of the City Council of the | 33 |
| City of Chicago. Such director
shall reside in the City of | 34 |
| Chicago.
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| The chairman shall be appointed by the directors, from the | 2 |
| members of
the board, with the concurrence of 5 of such | 3 |
| directors.
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| No director, while serving as such, shall be an officer, a | 5 |
| member of the
board of directors or trustee or an employee of | 6 |
| any transportation agency,
or be an employee of the State of | 7 |
| Illinois or any department or agency thereof,
or of any unit of | 8 |
| local government or receive any compensation from any
elected | 9 |
| or appointed office under the Constitution and laws of | 10 |
| Illinois.
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| Each appointment made under paragraphs (a) through (d) of | 12 |
| this subsection (1) and under Section
3B.03 shall be certified | 13 |
| by the appointing authority to the Commuter Rail Board
which | 14 |
| shall maintain the certifications as part of the official | 15 |
| records
of the Commuter Rail Board; provided that the initial | 16 |
| appointments shall
be certified to the Secretary of State, who | 17 |
| shall transmit the certifications
to the Commuter Rail Board | 18 |
| following its organization.
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| Appointments to the Commuter Rail Board shall be | 20 |
| apportioned so as to represent
the City of Chicago, that part | 21 |
| of Cook County outside of the City of Chicago,
and DuPage | 22 |
| County and that part of the metropolitan region other than Cook
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| and DuPage Counties based on morning boardings of the services | 24 |
| provided
by the Commuter Rail Division as certified to the
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| Board of the Authority by the Commuter Rail Board, provided | 26 |
| however that
the Mayor of the City of Chicago shall appoint no | 27 |
| fewer than 1 member of
the Commuter Rail Board. Within two | 28 |
| years after each federal decennial
census, the Board of the | 29 |
| Authority shall review the composition of the Commuter
Rail | 30 |
| Board and, if change is needed to comply with this requirement, | 31 |
| shall
provide for the necessary reapportionment by July 1 of | 32 |
| the second year after
such census. Insofar as may be | 33 |
| practicable, the changes in board membership
necessary to | 34 |
| achieve this purpose shall take effect as appropriate members
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| terms expire, no member's term being reduced by reason of such | 36 |
| revision
of the composition of the Commuter Rail Board.
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| Notwithstanding any other provision of this Act, however, | 2 |
| the terms of all members of the Commuter Rail Board serving on | 3 |
| April 30, 2007 shall terminate at the close of business on that | 4 |
| day, and the Commuter Rail Board shall thereupon be | 5 |
| reconstituted as provided in subsection (2) of this Section.
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| (2) Beginning May 1, 2007, the governing body of the | 7 |
| Commuter
Rail Division shall be a board consisting of 9 | 8 |
| directors elected as follows: | 9 |
| (a) One director shall be elected by the electors of | 10 |
| the City of Chicago, and shall represent and reside in the | 11 |
| City of Chicago; | 12 |
| (b) Three directors shall be elected by the electors of | 13 |
| that part of Cook County outside the City of Chicago, and | 14 |
| shall represent and reside in that part of Cook County; | 15 |
| (c) One director shall be elected by the electors of | 16 |
| DuPage
County, and shall represent and reside in DuPage | 17 |
| County; | 18 |
| (d) One director shall be elected by the electors of | 19 |
| Kane
County, and shall represent and reside in Kane County; | 20 |
| (e) One director shall be elected by the electors of | 21 |
| Lake
County, and shall represent and reside in Lake County; | 22 |
| (f) One director shall be elected by the electors of | 23 |
| McHenry
County, and shall represent and reside in McHenry | 24 |
| County;
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| (g) One director shall be elected by the electors of | 26 |
| Will
County, and shall represent and reside in Will County.
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| The chairman shall be appointed by the directors, from the | 28 |
| members of
the board, with the concurrence of at least 6 of the | 29 |
| directors. | 30 |
| No director, while serving as such, shall be an officer, a | 31 |
| member of the
board of directors or trustees, or an employee of | 32 |
| any transportation agency,
or be an employee of the State of | 33 |
| Illinois or any department or agency thereof,
or of any unit of | 34 |
| local government, or receive any compensation from any
other | 35 |
| elected or appointed office under the Constitution and laws of | 36 |
| Illinois. |
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| The directors provided for in this subsection (2) shall be | 2 |
| nominated and elected on a nonpartisan basis as provided in | 3 |
| Section 3B.03 of this Act and in the Election Code.
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| (Source: P.A. 83-886.)
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| (70 ILCS 3615/3B.03) (from Ch. 111 2/3, par. 703B.03)
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| Sec. 3B.03. Terms, Elections, Vacancies. | 8 |
| (1) This subsection (1) applies only to directors appointed | 9 |
| under subsection (1) of Section 3B.02.
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| The initial term of the director appointed
pursuant to | 11 |
| subdivision (1) (a) of Section 3B.02 and the initial
term of one | 12 |
| of the directors appointed pursuant to subdivision (1) (b) of
| 13 |
| Section 3B.02 shall expire on June 30, 1985;
the initial term | 14 |
| of one of the directors appointed pursuant to
subdivision | 15 |
| (1) (b) of Section 3B.02 and the initial term of one of the
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| directors appointed pursuant to subdivision (1) (c) of Section
| 17 |
| 3B.02 shall expire on June 30, 1986; the initial terms of two | 18 |
| of the
directors appointed pursuant to subdivision (1) (c) of | 19 |
| Section 3B.02
shall expire on June 30, 1987; the initial term | 20 |
| of the director appointed
pursuant to subdivision (1) (d) of | 21 |
| Section 3B.02
shall expire on June 30, 1988. Thereafter, each | 22 |
| director shall be appointed
for a term of 4 years, and until | 23 |
| his successor has been appointed and
qualified. | 24 |
| A vacancy shall occur upon the resignation, death, | 25 |
| conviction
of a felony, or removal from office of a director. | 26 |
| Any appointed director may be
removed from office upon the | 27 |
| concurrence of not less than 6 directors, on
a formal finding | 28 |
| of incompetence, neglect of duty, or malfeasance in office.
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| Within 30 days after the office of any appointed director | 30 |
| becomes vacant for any reason other than the termination of | 31 |
| appointed directors under subsection (1) of Section 3B.02 ,
the | 32 |
| appropriate appointing authorities of such director, as | 33 |
| provided
in subsection (1) of Section 3B.02, shall make an | 34 |
| appointment to
fill the vacancy. A vacancy shall be filled for | 35 |
| the unexpired term.
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| (2) The directors provided for in subsection (2) of Section | 2 |
| 3B.02 shall be elected on a nonpartisan basis at the | 3 |
| consolidated election, beginning in 2007.
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| Nomination shall be by petition, signed by at least 0.1% of | 5 |
| the registered voters of the area to be represented, filed with | 6 |
| the appropriate election authority in accordance with the | 7 |
| general election law. In elections for directors representing | 8 |
| that part of Cook County outside the City of Chicago, when more | 9 |
| than one such director is to be elected, the electors may vote | 10 |
| for as many candidates as there are directors to be elected, | 11 |
| but may not give any one candidate more than one vote.
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| Of the directors elected in 2007, (i) the directors | 13 |
| described in items (c), (e), and (g) of subsection (2) of | 14 |
| Section 3B.02, and the director described in item (b) thereof | 15 |
| who receives the greatest number of votes in the consolidated | 16 |
| election, shall be elected for terms of 4 years; and (ii) the | 17 |
| directors described in items (a), (d), and (f) of subsection | 18 |
| (2) of Section 3B.02, and the 2 directors described in item (b) | 19 |
| thereof who receive the second and third greatest number of | 20 |
| votes, shall be elected for terms of 2 years. Thereafter, all | 21 |
| directors shall be elected for terms of 4 years. All terms | 22 |
| shall begin on May 1, and directors shall continue to serve | 23 |
| until their successors are elected and have qualified.
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| (3) Beginning May 1, 2007, a vacancy shall be filled for | 25 |
| the remainder of the term by a person appointed by the county | 26 |
| board chairman of the county represented by the director | 27 |
| causing the vacancy, or in the case of the director | 28 |
| representing the City of Chicago, by the Mayor of the City of | 29 |
| Chicago.
| 30 |
| (Source: P.A. 84-939.)
| 31 |
| (70 ILCS 3615/3B.06) (from Ch. 111 2/3, par. 703B.06)
| 32 |
| Sec. 3B.06. Compensation. The Chairman of the Commuter Rail | 33 |
| Board
shall receive an annual salary of $25,000. Until May 1, | 34 |
| 2007,
Other members of the Commuter
Rail Board other than the | 35 |
| chairman shall receive an annual salary of $15,000. Beginning |
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| May 1, 2007, members of the Commuter
Rail Board other than the | 2 |
| chairman shall receive an annual salary of $11,250. Each member | 3 |
| shall be
reimbursed for actual expenses incurred in the | 4 |
| performance of his duties.
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| Officers of the Division shall not be required to comply | 6 |
| with the
requirements of the Public Funds Statement Publication | 7 |
| Act
"An Act requiring certain custodians of public monies to
| 8 |
| file and publish statements of the receipts and disbursements | 9 |
| thereof",
approved June 24, 1919, as now or hereafter amended .
| 10 |
| (Source: P.A. 83-1156.)
| 11 |
| (70 ILCS 3615/3B.07) (from Ch. 111 2/3, par. 703B.07)
| 12 |
| Sec. 3B.07. Meetings. The Commuter Rail Board shall | 13 |
| prescribe the times
and places for meetings and the manner in | 14 |
| which special meetings may be
called. The Commuter Rail Board | 15 |
| shall comply in all respects with the "Open
Meetings Act", as | 16 |
| now or hereafter amended. All records, documents and
papers of | 17 |
| the Commuter Rail Division, other than those relating to | 18 |
| matters
concerning which closed sessions of the Commuter Rail | 19 |
| Board may be held,
shall be available for public examination, | 20 |
| subject to such reasonable regulations
as the board may adopt.
| 21 |
| A majority of the members shall constitute a quorum for the | 22 |
| conduct of
business. Until May 1, 2007, the
The affirmative | 23 |
| votes of at least 4 members shall be necessary
for any action | 24 |
| required by this Act to be taken by ordinance. Beginning May 1, | 25 |
| 2007, the affirmative votes of at least 5 members shall be | 26 |
| necessary
for any action required by this Act to be taken by | 27 |
| ordinance.
| 28 |
| (Source: P.A. 83-886.)
| 29 |
| (70 ILCS 3615/3B.12) (from Ch. 111 2/3, par. 703B.12)
| 30 |
| Sec. 3B.12. Working Cash Borrowing. The Commuter Rail Board | 31 |
| with the
affirmative vote of at least two-thirds
of 5 of its | 32 |
| Directors may demand and direct the Board
of the Authority to | 33 |
| issue Working Cash Notes at such time and in such amounts
and | 34 |
| having such maturities as the Commuter Rail Board deems proper, |
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| provided
however any such borrowing shall have been | 2 |
| specifically identified in the
budget of the Commuter Rail | 3 |
| Board as approved by the Board of the Authority.
Provided | 4 |
| further, that the Commuter Rail Board may not demand and direct | 5 |
| the Board
of the Authority to have issued and have outstanding | 6 |
| at any time in excess of
$20,000,000 in Working Cash Notes.
| 7 |
| (Source: P.A. 83-886.)
| 8 |
| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law.
|
|