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91_HB2283enr
HB2283 Enrolled LRB9104558MWgcB
1 AN ACT providing for the State of Illinois to enter into
2 an agreement with Missouri and Iowa to establish the
3 Mid-America Port Commission.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 1. Short title. This Act may be cited as the
7 Mid-America Port Commission Agreement Act.
8 Section 5. Agreement. The State of Illinois ratifies
9 and approves the Mid-America Port Commission Agreement and
10 enters into that Agreement with Missouri and Iowa in
11 substantially the following form:
12 AGREEMENT
13 This agreement shall be known as and may be cited as the
14 "Mid-America Port Commission Agreement". This agreement
15 allows for the states of Illinois and Iowa to join the effort
16 of the state of Missouri for developing the Mid-America Port
17 Commission.
18 PORT COMMISSION
19 There is created a Mid-America Port Commission to be
20 governed by a nine-member port commission. The governors of
21 Missouri, Illinois and Iowa shall appoint one member to the
22 port commission in accordance with the laws of the respective
23 state. Each state shall also be represented by two members
24 elected through the county governance in the geographical
25 jurisdiction of the port commission. The port commission
26 members shall hold office for a period of six years. The port
27 commission members shall elect a chairperson of the port
28 commission after all the members are selected. The position
29 of chairperson shall rotate among the Missouri, Iowa and
30 Illinois members for two-year periods. A member of the port
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1 commission shall not serve more than two terms.
2 POWERS OF COMMISSION
3 The port commission shall have the power to acquire,
4 purchase, install, lease, construct, own, hold, maintain,
5 equip, use, control or operate ports, harbors, waterways,
6 channels, wharves, piers, docks, quays, elevators, tipples,
7 compresses, bulk loading and unloading facilities,
8 warehouses, dry docks, marine support railways, tugboats,
9 ships, vessels, shipyards, shipbuilding facilities, machinery
10 and equipment, dredges or any other facilities required or
11 incidental to the construction, outfitting, dry docking or
12 repair of ships or vessels, or water, air, or rail terminals,
13 or roadways or approaches thereto, or other structures or
14 facilities necessary for the convenient use of the same in
15 the aid of commerce, including the dredging, deepening,
16 extending, widening, or enlarging of any ports, harbors,
17 rivers, channels, or waterways, the damming of inland
18 waterways, the establishment of a water basin, the
19 acquisition and development of industrial sites, or the
20 reclaiming of submerged lands.
21 Section 10. Jurisdiction. Adams, Brown, Cass, Hancock,
22 Pike, Schuyler, Henderson, Warren, Morgan, Mercer, and Scott
23 Counties in Illinois and any additional counties that may be
24 added to the Mid-America Intermodal Authority Port District
25 are included in the jurisdiction of the Mid-America Port
26 Commission. Any territory that is disconnected from the
27 Mid-America Intermodal Authority Port District shall cease to
28 be under the jurisdiction of the Mid-America Port Commission.
29 Section 15. Powers.
30 (a) Any power or powers, privileges, or authority
31 exercised or capable of exercise by a public agency of this
32 State may be exercised and enjoyed jointly with the
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1 Mid-America Port Commission according to the powers delegated
2 to the commission pursuant to this Act.
3 (b) A public agency of this State may enter into a
4 letter of understanding with the Commission to advance the
5 purposes of the Commission.
6 (c) The Mid-America Port Commission shall exercise no
7 control over the operation of port districts established by
8 any other law of this State, except by voluntary agreement
9 between the port district and the Commission.
10 Section 20. Appointment of commissioners; vacancy.
11 (a) Within 90 days after the effective date of this Act,
12 the Governor shall appoint one commissioner to the
13 Mid-America Port Commission created by agreement between
14 Illinois, Missouri, and Iowa. This commissioner must be
15 appointed from among those members of the Mid-America
16 Intermodal Authority Port District Board that were appointed
17 by the Governor.
18 (b) Within 90 days after the effective date of this Act,
19 the Mid-America Intermodal Authority Port District Board,
20 from its members, shall appoint 2 commissioners to the
21 Mid-America Port Commission.
22 (c) Commissioners must be members of the Mid-America
23 Intermodal Authority Port District Board. If a commissioner
24 ceases to be a member of the Mid-America Intermodal Authority
25 Port District Board, there shall be vacancy in the office of
26 commissioner.
27 (d) A vacancy in the office of commissioner shall be
28 filled by appointment of the Governor, in the case of a
29 vacancy in the office of commissioner appointed by the
30 Governor, or by the Mid-America Intermodal Authority Port
31 District Board, in the case of a vacancy in the office of
32 commissioner appointed by the Mid-America Intermodal
33 Authority Port District Board.
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1 Section 25. Term of office. Each commissioner shall be
2 appointed to serve a term of 6 years. At the expiration of
3 the term of the commissioner appointed by the Governor, the
4 Governor shall appoint a successor who shall hold office for
5 6 years. At the expiration of the term of a commissioner
6 appointed by the Mid-America Intermodal Authority Port
7 District Board, the Mid-America Intermodal Authority Port
8 District Board shall appoint a successor who shall hold
9 office for 6 years. Each commissioner shall hold office
10 until his successor has been appointed.
11 Section 27. Commissioners; compensation. The
12 commissioners shall serve without compensation but shall be
13 entitled to be reimbursed for their necessary expenses
14 incurred in the performance of their duties.
15 Section 30. Consent and approval of agreement by
16 Congress. The Mid-America Port Commission has the power to
17 apply to the Congress of the United States for its consent
18 and approval of the agreement. In the absence of the
19 consent of Congress and until the consent of Congress has
20 been secured, the agreement shall be binding on the State of
21 Illinois in all respects permitted by the law for the states
22 of Illinois, Missouri, and Iowa without the consent of
23 Congress to cooperate, for the purposes enumerated in and in
24 the manner provided in the agreement.
25 Section 900. The Mid-America Intermodal Authority Port
26 District Act is amended by changing Section 10 and by adding
27 Section 172 as follows:
28 (70 ILCS 1832/10)
29 Sec. 10. Mid-America Intermodal Authority Port District
30 created. There is created a political subdivision, body
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1 politic, and municipal corporation by the name of the
2 Mid-America Intermodal Authority Port District embracing all
3 the area within the corporate limits of Adams, Brown, Cass,
4 Hancock, Pike, Schuyler, Henderson, Warren, Morgan, Mercer,
5 and Scott Counties. Territory may be annexed to the district
6 in the manner provided in this Act. The district may sue and
7 be sued in its corporate name but execution shall not in any
8 case issue against any property of the district. It may adopt
9 a common seal and change the same at its pleasure.
10 (Source: P.A. 90-636, eff. 7-24-98.)
11 (70 ILCS 1832/172 new)
12 Sec. 172. Disconnection. The registered voters of a
13 county included in the District may petition the State Board
14 of Elections requesting the submission of the question of
15 whether the county should be disconnected from the District
16 to the electors of the county. The petition shall be
17 circulated in the manner required by Section 28-3 of the
18 Election Code and objections thereto and the manner of their
19 disposition shall be in accordance with Section 28-4 of the
20 Election Code. If a petition is filed with the State Board
21 of Elections, signed by not less than 5% of the registered
22 voters of the county, requesting that the question of
23 disconnection be submitted to the electors of the county, the
24 State Board of Elections must certify the question to the
25 proper election authority, which must submit the question at
26 a regular election held at least 78 days after the petition
27 is filed in accordance with the Election Code.
28 The question must be submitted in substantially the
29 following form:
30 Shall (name of county) be disconnected from the
31 Mid-America Intermodal Authority Port District?
32 The votes must be recorded as "Yes" or "No".
33 If a majority of the electors voting on the question vote
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1 in the affirmative, the county shall be disconnected from the
2 District.
3 Section 99. Effective date. This Act takes effect upon
4 becoming law.
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