HB 5187

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Full Text of HB5187
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	HB5187 - 104th General Assembly
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		HB5187 Enrolled		LRB104 20666 RTM 34164 b
1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Southwestern Illinois Metropolitan and
5Regional Planning Act is amended by changing Sections 6, 9,
610, 12, 14, 15, and 30 and by adding Section 6.5 as follows:
7    (70 ILCS 1710/6)  (from Ch. 85, par. 1156)
8    Sec. 6. (a) Commissioners appointed by the Governor prior
9to the effective date of this amendatory Act of 1975 shall
10serve the balance of 6-year terms to which they were
11appointed. Subsequent to the effective date of the amendatory
12Act of 1975, the Governor shall make no appointments of
13Commissioners to new terms or to fill vacancies until such
14time as the total number of Commissioners so appointed by the
15Governor and then holding valid terms on the Commission shall
16be reduced by expiration of terms, or attrition, or otherwise,
17to 7 in number. Thereafter, Commissioners shall be appointed
18by the Governor to fill terms expiring in such manner as to
19maintain the number of Governor-appointed Commissioners at 8
20in number. Commissioners so appointed after the effective date
21of the amendatory Act of 1975 shall serve for terms of 4 years
22and until successors are appointed and qualified, such terms
23to commence on October 1 of the year in which such
		HB5187 Enrolled	- 2 -	LRB104 20666 RTM 34164 b
1Commissioners are each first appointed, provided that initial
2appointments of Commissioners by the Governor pursuant to
3revisions enacted by the amendatory Act of 1975 shall be made
4for terms of one year, 2 years, 3 years, or 4 years (as the
5Governor shall determine in the case of each appointment) in
6order to establish a pattern of staggered terms of office in
7which the terms of 2 Governor-appointed Commissioners expire
8in each calendar year.
9    Commissioners appointed or selected by means other than
10appointment by the Governor or by virtue of holding an
11elective or appointive position separate from the Commission
12shall serve at the pleasure of the appointing or selecting
13agency, provided they remain qualified for service as a
14Commissioner, and provided further that each person or
15authority making such an appointment shall review the
16advisability of changing the person so appointed or selected
17at least every 2 years.
18    If a vacancy occurs by death, resignation or otherwise
19among Governor-appointed Commissioners, the Governor shall
20fill the vacancy by an appointment for the unexpired term,
21subject to the prohibition set forth above precluding the
22filling of vacancies, after the effective date of the
23amendatory Act of 1975, until the number of Governor-appointed
24Commissioners is reduced to 7 in number. In the event of a
25vacancy by reason of death, resignation or otherwise among
26Commissioners selected by means other than appointment by the
		HB5187 Enrolled	- 3 -	LRB104 20666 RTM 34164 b
1Governor or by virtue of holding an elective or appointive
2position separate from the Commission, the proper selecting
3authority shall make a replacement appointment within a
4reasonable time period not exceeding 90 days.
5    (b) Upon appointment of each new member of the Commission 
6under Section 6.5, the terms of the members appointed under 
7this Section shall expire.
8(Source: P.A. 79-477.)
9    (70 ILCS 1710/6.5 new)
10    Sec. 6.5. Commission membership.
11    (a) Beginning on the effective date of this amendatory Act 
12of the 104th General Assembly, the Commission shall consist of 
1333 commissioners, 27 of whom shall be voting members and 6 of 
14whom shall be nonvoting, at-large members.
15        (1) The 27 voting members of the Commission shall 
16    consist of the following commissioners:
17            (A) the chairman of the Bond County Board, the 
18        chairman of the Clinton County Board, the chairman of 
19        the Monroe County Board, the chairman of the Randolph 
20        County Board, the chairman of the Washington County 
21        Board, the chairman of the Madison County Board, and 
22        the chairman of the St. Clair County Board shall each 
23        serve as a commissioner during their respective terms 
24        of office;
25            (B) the chairman of the Bond County Board, the 
		HB5187 Enrolled	- 4 -	LRB104 20666 RTM 34164 b
1        chairman of the Clinton County Board, the chairman of 
2        the Monroe County Board, the chairman of the Randolph 
3        County Board, and the chairman of the Washington 
4        County Board shall each appoint 2 commissioners; the 
5        commissioners appointed under this subparagraph (B) 
6        shall be either elected or appointed officials of the 
7        county board or a unit of local government in the 
8        county that appointed them;
9            (C) the chairman of the Madison County Board and 
10        the chairman of the St. Clair County Board shall each 
11        appoint 3 commissioners; the commissioners appointed 
12        under this subparagraph (C) shall be either elected or 
13        appointed officials of the county board or a unit of 
14        local government in the county that appointed them;
15            (D) the board of the America's Central Port 
16        District and the board of Kaskaskia Regional Port 
17        District shall each appoint one commissioner;
18            (E) the Southwestern Illinois Council of Mayors 
19        shall appoint one commissioner from among its members; 
20        and
21            (F) the board of the Metro East Sanitary District 
22        shall appoint one commissioner from among its members.
23        (2) The 6 nonvoting at-large members of the Commission 
24    shall reside in the Metropolitan and Regional Counties 
25    Area and be appointed as follows:
26            (A) one member appointed by the Director of 
		HB5187 Enrolled	- 5 -	LRB104 20666 RTM 34164 b
1        Commerce and Economic Opportunity;
2            (B) one member appointed by the executive 
3        committee of the Southwestern Illinois Leadership 
4        Council;
5            (C) one member appointed by the Board of 
6        Commissioners of the Bi-State Development Agency;
7            (D) one member appointed by the Board of Trustees 
8        of the Madison County Transit District;
9            (E) one member appointed by the Board of Trustees 
10        of the St. Clair County Transit District; and
11            (F) one member appointed by the Board of Directors 
12        of the East-West Gateway Council of Governments.
13    (b) Commissioners appointed under subparagraphs (B), (C), 
14(D), (E), and (F) of paragraph (1) of subsection (a) and 
15Commissioners appointed under subparagraphs (A), (B), (C), 
16(D), and (E) of paragraph (2) of subsection (a) shall serve 
174-year terms. Persons appointed under subparagraphs (B), (C), 
18(D), (E), and (F) of paragraph (1) of subsection (a) and 
19Commissioners appointed under subparagraphs (A), (B), (C), 
20(D), and (E) of paragraph (2) of subsection (a) may be 
21reappointed.
22    (c) If a vacancy occurs by reason of death, resignation, 
23or otherwise among the commissioners, then the authority that 
24appointed the commissioner shall appoint a replacement within 
2590 days.
26    (d) Commissioners appointed under subparagraphs (B), (C), 
		HB5187 Enrolled	- 6 -	LRB104 20666 RTM 34164 b
1(D), (E), or (F) of paragraph (1) of subsection (a) and 
2paragraph (2) of subsection (a) shall be residents of the 
3Metropolitan and Regional Counties Area and shall meet all 
4other required qualifications as required in this Act.
5    (70 ILCS 1710/9)  (from Ch. 85, par. 1159)
6    Sec. 9. At its annual meeting before July first of each
7year the Commission shall elect an executive committee of 9 [26]
8members from among its membership. The Executive Committee so
9elected each year shall serve in office for the period July 1
10through June 30 following their election. The Executive
11Committee so elected shall be vested with authority to act on
12behalf of the Commission and to transact all business of the
13Commission between meetings of the Commission as specified in
14Section 10 of this Act. The executive committee shall
15establish a schedule of regular meetings each year. At its
16first regular meeting after election each year, the executive
17committee shall elect from among its membership the following
18officers of the Commission: a president, a vice president, a
19secretary, and a treasurer. The newly elected Executive
20Committee and officers shall assume office as of July 1 of each
21year.
22    The vice-president shall act as president during the
23absence or disability of the president and in case of
24resignation or death of the president. The secretary and
25treasurer shall perform duties as defined in bylaws of the
		HB5187 Enrolled	- 7 -	LRB104 20666 RTM 34164 b
1Commission as may be adopted from time to time by the
2Commission.
3(Source: P.A. 82-944.)
4    (70 ILCS 1710/10)  (from Ch. 85, par. 1160)
5    Sec. 10. Regular meetings of the Commission shall be held
6at least once in each calendar year, the time and place of such
7meetings to be fixed by rule of the Commission.
8    Special meetings of the Commission may be called by the
9president or by any 5 commissioners [8 Commissioners]. A written
10notice of the time and place of any special meeting shall be
11mailed or sent electronically to all commissioners
12[Commissioners] by the secretary at least 7 days prior to the
13date fixed for the meeting, except that if the time and place
14of a special meeting is fixed at a regular meeting at which all
15commissioners [Commissioners] are present, no such written
16notice is required.
17    All meetings of the Commission shall be open to the
18public.
19(Source: P.A. 82-944.)
20    (70 ILCS 1710/12)  (from Ch. 85, par. 1162)
21    Sec. 12. A majority of the voting commissioners
22[Commissioners] duly appointed at each time quorum is at issue
23shall constitute a quorum for the transaction of business of
24the Commission and the concurrence of a majority of the voting 
		HB5187 Enrolled	- 8 -	LRB104 20666 RTM 34164 b
1commissioners [Commissioners] present at any meeting where
2business is conducted is necessary for the Commission to take
3any action authorized by this Act, except that the executive
4committee, selected as hereinbefore provided, shall exercise
5such powers and authority of the Commission as are delegated
6to such committee by the bylaws and regulations adopted by the
7Commission or as is authorized the executive committee by
8Section 9 of this Act. Any voting commissioner [Commissioner]
9shall have authority and it shall be valid for him or her to
10vote by written proxy at any meeting of the Executive
11Committee or other committees of the Commission on which the 
12commissioner [such Commissioner] may serve, provided that
13proxies shall never be valid at any meeting of the full
14Commission and, provided further that no voting commissioner
15[Commissioner] shall be privileged to vote by written proxy at
16more than 2 successive meetings of the Executive Committee or
17other committees of the Commission on which the commissioner
18[such Commissioner] may serve.
19(Source: P.A. 79-477.)
20    (70 ILCS 1710/14)  (from Ch. 85, par. 1164)
21    Sec. 14. All funds received for the use of the Commission 
22shall be deposited in the name of the Commission by the 
23treasurer, in a depository approved by the Commission and 
24shall be withdrawn or paid out only by check, draft, 
25electronic funds transfer, automated clearing house 
		HB5187 Enrolled	- 9 -	LRB104 20666 RTM 34164 b
1transaction, wire transfer, or direct online payment upon the 
2depository authorized by any 2 of the commissioners or 
3employees designated by the Commission to act as signatories 
4to withdraw funds of the Commission. Funds appropriated to the 
5Commission by the General Assembly shall not be expended 
6except in accordance with a formal planning program and budget 
7reviewed and approved by the Department of Commerce and 
8Economic Opportunity. [All funds received for the use of the ]
9[Commission shall be deposited in the name of the Commission by ]
10[the treasurer, in a depository approved by the Commission and ]
11[shall be withdrawn or paid out only by check or draft upon the ]
12[depository signed by any two of such Commissioners or ]
13[employees of the Commission as may be designated for this ]
14[purpose by the Commission, provided further that funds ]
15[appropriated to the Commission by the General Assembly shall ]
16[not be expended except in accordance with a formal planning ]
17[program and budget which has been reviewed and approved by the ]
18[Department of Commerce and Economic Opportunity. All persons ]
19[so designated shall execute bonds with corporate sureties ]
20[approved by the Commission in the same manner and amount as ]
21[required of the treasurer, and in such amount as determined by ]
22[the Commission.]
23    All commissioners and employees designated by the 
24Commission to act as signatories to withdraw funds of the 
25Commission shall execute bonds with corporate sureties 
26approved by the Commission in the same manner and amount as 
		HB5187 Enrolled	- 10 -	LRB104 20666 RTM 34164 b
1required of the treasurer, and in such amount as determined by 
2the Commission. In case any person whose signature appears
3upon any check or draft, issued pursuant to this Act, ceases
4(after attaching his signature) to hold his office before the
5delivery thereof to the payee, his signature nevertheless
6shall be valid and sufficient for all purposes with the same
7effect as if he had remained in office until delivery thereof.
8(Source: P.A. 94-793, eff. 5-19-06.)
9    (70 ILCS 1710/15)  (from Ch. 85, par. 1165)
10    Sec. 15. The Commission shall appoint an executive
11director, who shall be the chief of staff of the Commission,
12and fix the executive director's [his] compensation. The
13executive director shall be a person qualified in the fields
14of municipal and regional planning or public or business
15administration.
16    With the approval of the Commission, the executive
17director may appoint a deputy director to assist the executive 
18director [him] in the performance of the executive director's
19[his] duties and may, with such approval, contract in the name of
20the Commission for such personal and contractual services,
21supplies and commodities as may be necessary.
22(Source: Laws 1963, p. 1619.)
23    (70 ILCS 1710/30)  (from Ch. 85, par. 1180)
24    Sec. 30. Prior to the adoption of comprehensive and
		HB5187 Enrolled	- 11 -	LRB104 20666 RTM 34164 b
1functional plans for the development of the Metropolitan and
2Regional Counties Area, the Commission shall hold a public
3hearing thereon.
4    Notice of the time, date and place set by the Commission
5for the public hearing shall be published in a newspaper
6having a general circulation within the area of operation of
7the Commission at least 14 days prior to the date set for the
8hearing, which notice shall contain a short explanation of the
9purpose of the hearing.
10    At such hearing the president of the Commission or some
11commissioner [Commissioner] designated by the president of the 
12Commission [him] shall preside.
13    Such hearing may be continued from time to time as may be
14deemed necessary by the Commission.
15(Source: P.A. 78-924.)
16    (70 ILCS 1710/5 rep.)
17    Section 10. The Southwestern Illinois Metropolitan and
18Regional Planning Act is amended by repealing Section 5.