State of Illinois
90th General Assembly
Legislation

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[ Engrossed ]

90_SB1499

      New Act
      5 ILCS 220/2              from Ch. 127, par. 742
          Creates  the  Mid-America   Intermodal   Authority   Port
      District  Act.  Establishes the duties, rights, and powers of
      the port district.  Allows the port district  to  enter  into
      agreements  or  contracts  with  airports.   Allows  the port
      district  to  acquire  property.    Provides  that  the  port
      district may apply for the right to establish a foreign trade
      zone.  Allows the  port  district  to  issue  revenue  bonds.
      Allows  the port district to levy taxes after approval by the
      voters.  Provides for  the  appointment  of  the  Mid-America
      Intermodal  Authority Port District Board.  Provides that the
      Board  may  adopt  ordinances  and  resolutions   proper   or
      necessary  to  carry  into  effect  the  powers  of  the port
      district.    Contains   other   provisions.     Amends    the
      Intergovernmental   Cooperation   Act  to  provide  that  the
      Mid-America Intermodal Authority Port District is  a  "public
      agency" for the purposes of the Act.  Effective immediately.
                                                     SRS90S0056PMch
                                               SRS90S0056PMch
 1        AN  ACT  to  create  the Mid-America Intermodal Authority
 2    Port District.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  1.  Short  title.   This Act may be cited as the
 6    Mid-America Intermodal Authority Port District Act.
 7        Section 5.  Definitions.  In this Act:
 8        "Airport" means any locality, either land or water,  that
 9    is  used  or  designed  for  the  landing  and  taking off of
10    aircraft or for the  location  of  runways,  landing  fields,
11    airdromes,  hangars, buildings, structures, airport roadways,
12    and other facilities.
13        "Board"  means  Mid-America  Intermodal  Authority   Port
14    District Board.
15        "District"  means  the  Mid-America  Intermodal Authority
16    Port District created by this Act.
17        "Governmental agency" means the United States, the  State
18    of  Illinois,  any local governmental body, and any agency or
19    instrumentality, corporate or otherwise, thereof.
20        "Governor" means the Governor of the State of Illinois.
21        "Intermodal" means a type of international freight system
22    that permits transshipping among sea, highway, rail, and  air
23    modes  of  transportation  through  use of ANSI/International
24    Organization  for  Standardization  containers,   line   haul
25    assets, and handling equipment.
26        "Navigable waters" mean any public waters that are or can
27    be made usable for water commerce.
28        "Person"  means any individual, firm, partnership, trust,
29    corporation, both domestic and foreign, company, association,
30    or  joint  stock  association  and  includes   any   trustee,
31    receiver, assignee, or personal representative thereof.
                            -2-                SRS90S0056PMch
 1        "Port  facilities"  mean  all public and other buildings,
 2    structures,  works,  improvements,  and   equipment,   except
 3    terminal  facilities  as  defined  in  this Section, that are
 4    upon, in, over, under, adjacent, or near to navigable waters,
 5    harbors, slips, and basins and that are necessary  or  useful
 6    for or incident to the furtherance of water and land commerce
 7    and  the  operation of small boats and pleasure craft.  "Port
 8    facilities" includes the widening and  deepening  of  basins,
 9    slips,  harbors,  and  navigable  waters.   "Port facilities"
10    also mean all  lands,  buildings,  structures,  improvements,
11    equipment,  and  appliances located on district property that
12    are  used  for  industrial,  manufacturing,  commercial,   or
13    recreational purposes.
14        "Terminal"  means a public place, station, depot, or area
15    for receiving and delivering articles, commodities,  baggage,
16    mail,  freight,  or express matter and for any combination of
17    those purposes in  connection  with  the  transportation  and
18    movement by water and land of persons and property.
19        "Terminal   facilities"   mean   all   lands,  buildings,
20    structures, improvements, equipment, and appliances useful in
21    the   operation   of   public   warehouse,    storage,    and
22    transportation facilities for water and land commerce and for
23    handling,  docking,  storing,  and  servicing small boats and
24    pleasure craft.
25        Section  10.  Mid-America   Intermodal   Authority   Port
26    District  created.  There is created a political subdivision,
27    body politic, and municipal corporation by the  name  of  the
28    Mid-America  Intermodal Authority Port District embracing all
29    the area within the corporate limits of Adams,  Brown,  Cass,
30    Hancock,  Pike,  Schuyler, and Scott Counties.  Territory may
31    be annexed to the district in the  manner  provided  in  this
32    Act.   The district may sue and be sued in its corporate name
33    but execution  shall  not  in  any  case  issue  against  any
                            -3-                SRS90S0056PMch
 1    property  of  the  district.  It  may adopt a common seal and
 2    change the same at its pleasure.
 3        Section  15.   Property  of  district;  exemption.    All
 4    property   of   every   kind  belonging  to  the  Mid-America
 5    Intermodal Authority  Port  District  shall  be  exempt  from
 6    taxation,  provided that a tax may be levied upon a lessee of
 7    the district by reason of the value  of  a  leasehold  estate
 8    separate and apart from the fee or upon any improvements that
 9    are constructed and owned by others than the district.
10        All property of the Mid-America Intermodal Authority Port
11    District  shall  be  construed as constituting public grounds
12    owned by a municipal corporation  and  used  exclusively  for
13    public  purposes  within  the  tax  exemption  provisions  of
14    Sections  15-10,  15-15, 15-20, 15-30, 15-75, 15-140, 15-155,
15    and 15-160 of the Property Tax Code.
16        Section 20. Duties.  It shall be the  duty  of  the  port
17    district:
18        (a)  To  study  the existing harbor plans within the area
19    of  the  district  and  to  recommend  to   the   appropriate
20    governmental   agency,  including  the  General  Assembly  of
21    Illinois, any changes and modifications that may from time to
22    time be  required  by  continuing  development  and  to  meet
23    changing business and commercial needs;
24        (b)  To  make  an  investigation of conditions within the
25    area of the district and to prepare and adopt a comprehensive
26    plan for the development of port  facilities  and  intermodal
27    facilities  for  the  district. In preparing and recommending
28    changes and modifications  in  existing  harbor  plans  or  a
29    comprehensive plan for the development of port facilities and
30    intermodal   facilities,   the  district  may,  if  it  deems
31    desirable, set aside and allocate an area or areas within the
32    lands held by it to be used and operated by the  district  or
                            -4-                SRS90S0056PMch
 1    leased  to  private  parties  for  industrial, manufacturing,
 2    commercial, recreational, or harbor purposes, where the  area
 3    or  areas  are  not, in the opinion of the district, required
 4    for its primary purposes in the development of harbor,  port,
 5    and  intermodal  facilities  for  the use of public water and
 6    land transportation, or will not be  immediately  needed  for
 7    those  purposes,  and  where the use and operation or leasing
 8    will in the opinion of  the  district  aid  and  promote  the
 9    development of terminal, port, and intermodal facilities;
10        (c)  To  study  and  make  recommendations  to the proper
11    authority  for  the  improvement  of  terminal,   lighterage,
12    wharfage,   warehousing,   transfer,   and  other  facilities
13    necessary for the promotion of commerce and  the  interchange
14    of traffic within, to, and from the district;
15        (d)  To   study,   prepare,  and  recommend  by  specific
16    proposals to the General Assembly changes in the jurisdiction
17    of the district;
18        (e)  To petition any federal, State, municipal, or  local
19    authority,  administrative, judicial, and legislative, having
20    jurisdiction in the district for the adoption  and  execution
21    of  any  physical  improvement,  change  in method, system of
22    handling  freight,  warehousing,  docking,  lightering,   and
23    transfer of freight that, in the opinion of the district, may
24    be  designed to improve or better the handling of commerce in
25    and   through   the   district   or   improve   terminal   or
26    transportation facilities within the district;
27        (f)  To foster, stimulate, and promote  the  shipment  of
28    cargoes  and  commerce  through  ports,  whether  originating
29    within or without the State of Illinois;
30        (g)  To  acquire,  construct,  own,  lease,  and  develop
31    terminals,  wharf  facilities, piers, docks, warehouses, bulk
32    terminals, grain  elevators,  tug  boats,  and  other  harbor
33    crafts,  and any other port facility or port-related facility
34    or service that it finds necessary and convenient;
                            -5-                SRS90S0056PMch
 1        (h)  To perform any other act or function that  may  tend
 2    to  or  be  useful  toward  development  and  improvement  of
 3    harbors,  sea ports, and port-related facilities and services
 4    and to increase foreign and  domestic  commerce  through  the
 5    harbors and ports within the port district; and
 6        (i)  To   study   and   make  recommendations  for  river
 7    resources management and environmental education  within  the
 8    district,  including  but  not  limited  to,  wetlands banks,
 9    mitigation areas, water retention  and  sedimentation  areas,
10    fish  hatcheries,  or  wildlife sanctuaries, natural habitat,
11    and native plant research.
12        Section 25.  Changes in harbor plans.   Any  changes  and
13    modifications  in  harbor  plans  within the area of the port
14    district from time to time recommended by the district or any
15    comprehensive plan for the development of the port facilities
16    adopted by the district, under the authority granted by  this
17    Act,   shall  be  submitted  to  the  Department  of  Natural
18    Resources for approval and approval by the  Department  shall
19    be  conclusive evidence, for all purposes, that these changes
20    and modifications conform to the provisions of this Act.
21        Section 30. Rights and powers.  The port  district  shall
22    have the following rights and powers:
23        (a)  To   issue  permits  for  the  construction  of  all
24    wharves,  piers,   dolphins,   booms,   weirs,   breakwaters,
25    bulkheads,  jetties, bridges, or other structures of any kind
26    over, under, in, or within 40 feet of  any  navigable  waters
27    within the district; for the deposit of rock, earth, sand, or
28    other  material; or for any matter of any kind or description
29    in those waters;
30        (b)  To prevent or  remove  obstructions,  including  the
31    removal of wrecks;
32        (c)  To  locate  and  establish  dock  lines and shore or
                            -6-                SRS90S0056PMch
 1    harbor lines;
 2        (d)  To acquire, own, construct,  sell,  lease,  operate,
 3    and  maintain  port  and  harbor,  water,  and  land terminal
 4    facilities and, subject to the provisions of Section  35,  to
 5    operate  or  contract  for the operation of those facilities,
 6    and   to   fix   and   collect    just,    reasonable,    and
 7    non-discriminatory  charges,  rentals, or fees for the use of
 8    those facilities. The charges, rentals, or fees so  collected
 9    shall  be made available to defray the reasonable expenses of
10    the district and to pay the principal of and interest on  any
11    revenue bonds issued by the district;
12        (e)  To  enter  into  any  agreement or contract with any
13    airport for the use  of  airport  facilities  to  the  extent
14    necessary to carry out any of the purposes of the district;
15        (f)  To  the  extent  authorized by the Intergovernmental
16    Cooperation Act, to enter into any agreements with any  other
17    public agency of this State;
18        (g)  To  the extent authorized by any interstate compact,
19    to enter into agreements with any  other  state  or  unit  of
20    local government of any other state; and
21        (h)  To  enter  into contracts dealing in any manner with
22    the objects and purposes of this Act.
23        Section 35.  Contracts for operation  of  warehouses  and
24    storage  facilities.    Any  public warehouse or other public
25    storage  facility  owned  or  otherwise  controlled  by   the
26    district  shall  be  operated by persons under contracts with
27    the district. Any contract shall reserve  reasonable  rentals
28    or  other  charges  payable to the district sufficient to pay
29    the cost of maintaining, repairing, regulating, and operating
30    the facilities and to pay the principal of  and  interest  on
31    any  revenue bonds issued by the district and may contain any
32    other conditions that may be mutually agreed  upon.  However,
33    upon  the  breach  of  a  contract  or  if  no contract is in
                            -7-                SRS90S0056PMch
 1    existence as to any facility, the district shall  temporarily
 2    operate  the  facility until a contract for its operation can
 3    be negotiated.
 4        Section  40.  Procedure  for  leases  or  contracts   for
 5    operation  of  warehouses and storage facilities.  All leases
 6    or other contracts for operation of any public  warehouse  or
 7    public  grain  elevator  to  which this Section is applicable
 8    owned or  otherwise  controlled  by  the  district  shall  be
 9    governed  by the following procedures.  Notice shall be given
10    by the district that bids will be received for the  operation
11    of the public warehouse or public grain elevator. This notice
12    shall  state  the  time within which and the place where bids
13    may be submitted, the time and place of opening of bids,  and
14    shall  be  published  not  more than 30 days nor less than 15
15    days in advance of the first day for the submission  of  bids
16    in any one or more newspapers designated by the district that
17    have  a  general  circulation within the district. The notice
18    shall specify sufficient data of the  proposed  operation  to
19    enable  bidders  to  understand  the  scope of the operation;
20    provided, however, that contracts that by  their  nature  are
21    not   adapted  to  award  by  competitive  bidding,  such  as
22    contracts for the services of individuals possessing  a  high
23    degree  of  personal  skill,  contracts  for  the purchase or
24    binding of magazines, books, periodicals, pamphlets, reports,
25    and similar articles, and contracts for utility services such
26    as water, light, heat, telephone, or telegraph, shall not  be
27    subject  to  the  competitive  bidding  requirements  of this
28    Section.
29        The  Board  may,  by  ordinance,  promulgate   reasonable
30    regulations  prescribing the qualifications of the bidders as
31    to experience, adequacy of  equipment,  ability  to  complete
32    performance  within  the  time  set,  and  other  factors  in
33    addition  to financial responsibility, and may, by ordinance,
                            -8-                SRS90S0056PMch
 1    provide for suitable performance guaranties to qualify a bid.
 2    Copies of all regulations shall  be  made  available  to  all
 3    bidders.
 4        The  district may determine in advance the minimum rental
 5    that should be produced by the  public  warehouse  or  public
 6    grain  elevator offered and, if no qualified bid will produce
 7    the minimum rental, all bids may be rejected and the district
 8    shall then readvertise for bids. If after the readvertisement
 9    no responsible and satisfactory bid within the terms  of  the
10    advertisement  is received, the district may then negotiate a
11    lease for not less than  the  amount  of  minimum  rental  so
12    determined.  If, after negotiating for a lease as provided in
13    this Section, it is found necessary  to  revise  the  minimum
14    rental  to  be  produced by the facilities offered for lease,
15    then the  district  shall  again  readvertise  for  bids,  as
16    provided in this Section, before negotiating a lease.
17        If  the  district  shall  temporarily  operate any public
18    warehouse or public grain elevator as provided in Section 35,
19    the temporary operation shall not continue for more than  one
20    year  without  advertising  for bids for the operation of the
21    facility as provided in this Section.
22        Section 45.  Obligations for expenses not to be  incurred
23    until  appropriations  made.   Unless  and until the revenues
24    from operations conducted by the  district  are  adequate  to
25    meet   all   expenditures   or  unless  and  until  otherwise
26    determined by an act of the General  Assembly,  the  district
27    shall  not  incur  any  obligations  for salaries, office, or
28    administrative expenses before the making  of  appropriations
29    to meet those expenses.
30        Section 50.  Acquisition of property.
31        (a)  The  district shall have power to acquire and accept
32    by purchase, lease, gift, grant, or  otherwise  any  and  all
                            -9-                SRS90S0056PMch
 1    real  property,  whether  a  fee  simple absolute or a lesser
 2    estate, and personal property either within  or  without  its
 3    corporate  limits  or  any  right  that may be useful for its
 4    purposes and to  provide  for  the  development  of  adequate
 5    channels,   ports,   harbors,   terminals,  port  facilities,
 6    terminal facilities, and intermodal  facilities  adequate  to
 7    serve  the  needs  of  commerce  within  the  district.   The
 8    district  shall have the right to grant easements and permits
 9    for  the  use  of  any  real  property,  rights  of  way,  or
10    privileges that, in  the  opinion  of  the  Board,  will  not
11    interfere  with  the  use  of  the district's property by the
12    district for its  primary  purposes  and  the  easements  and
13    permits  may  contain  any conditions and retain any interest
14    therein that may be deemed  for  the  best  interest  of  the
15    district by the Board.
16        (b)  Any   property   or  facility  shall  be  leased  or
17    operated, if at all, only by 2 or more unrelated  contracting
18    parties  in  parcels that are as nearly equal in all respects
19    as practicable unless the Board determines that it is in  the
20    best  interest  of  the  district  to  lease  the property or
21    facility to a single contracting party.
22        The district, subject  to  the  public  bid  requirements
23    prescribed in Section 40 with respect to public warehouses or
24    public grain elevators, may lease to others for any period of
25    time not to exceed 99 years upon any terms that the Board may
26    determine  any  of  its  real  property,  rights  of  way, or
27    privileges, any interest therein, or  any  part  thereof  for
28    industrial,   manufacturing,   commercial,  recreational,  or
29    harbor purposes, that is in  the  opinion  of  the  Board  no
30    longer  required  for its primary purposes in the development
31    of port, harbor, and intermodal facilities or that may not be
32    immediately needed for those purposes.  Where the leases will
33    in the opinion of the Board aid and promote  those  purposes,
34    and  in conjunction with those leases, the district may grant
                            -10-               SRS90S0056PMch
 1    rights of way and  privileges  across  the  property  of  the
 2    district,   which   rights  of  way  and  privileges  may  be
 3    assignable and irrevocable during the term of any  lease  and
 4    may  include  the  right  to  enter  upon the property of the
 5    district to do any things  that  may  be  necessary  for  the
 6    enjoyment  of  the  leases, rights of way, and privileges and
 7    the leases may contain any conditions and retain any interest
 8    that may be deemed for the best interest of the  district  by
 9    the Board.
10        With  respect to any and all leases, easements, rights of
11    way, privileges, and permits made or granted  by  the  Board,
12    the  Board  may  agree upon and collect the rentals, charges,
13    and fees that may be deemed for  the  best  interest  of  the
14    district  by the Board.  The rentals, charges, and fees shall
15    be used to defray the reasonable expenses of the district and
16    to pay the principal of and interest  on  any  revenue  bonds
17    issued by the district.
18        (c)  The  district may dedicate to the public for highway
19    purposes any of its real property and those  dedications  may
20    be  subject  to  any  conditions  and  the  retention  of any
21    interest that may be deemed for  the  best  interest  of  the
22    district by the Board.
23        (d)  The district may sell, convey, or operate any of its
24    buildings,  structures,  or  other  improvements located upon
25    district property that may be deemed in the best interest  of
26    the district by the Board.
27        Section  55.  Grants,  loans,  and  appropriations.   The
28    district  has power to apply for and accept grants, loans, or
29    appropriations from the federal government or any  agency  or
30    instrumentality  thereof  or  the  State  of  Illinois or any
31    agency or instrumentality thereof to be used for any  of  the
32    purposes of the district and to enter into any agreement with
33    the  federal government, the State of Illinois, or any agency
                            -11-               SRS90S0056PMch
 1    or instrumentality thereof in relation to the grants,  loans,
 2    or appropriations.
 3        Section  60.  Foreign  trade  zones  and  sub-zones.  The
 4    district has power to apply to the proper authorities of  the
 5    United  States  of  America under the appropriate law for the
 6    right to establish,  operate,  maintain,  and  lease  foreign
 7    trade  zones  and  sub-zones  within  the jurisdiction of the
 8    United States Customs  Service  and  to  establish,  operate,
 9    maintain, and lease the foreign trade zones and sub-zones.
10        Section  65. Insurance contracts.  The district has power
11    to procure and enter into contracts for any type of insurance
12    and indemnity against loss or damage  to  property  from  any
13    cause,  including loss of use and occupancy, against death or
14    injury of any person, against employers'  liability,  against
15    any  act  of any member, officer, or employee of the Board or
16    of the district in the performance of the duties  of  his  or
17    her office or employment or any other insurable risk.
18        Section 70.  Borrowing money; revenue bonds.
19        (a)  The  district  has  the  continuing  power to borrow
20    money   for   the   purpose   of   acquiring,   constructing,
21    reconstructing, extending, operating, or improving terminals,
22    terminal  facilities,   port   facilities,   and   intermodal
23    facilities;  for  acquiring any property and equipment useful
24    for the construction, reconstruction, extension, improvement,
25    or operation of  its  terminals,  terminal  facilities,  port
26    facilities,  and  intermodal  facilities;  and  for acquiring
27    necessary cash working funds.  For the purpose of  evidencing
28    the  obligation  of the district to repay any money borrowed,
29    the district may, by ordinances adopted  by  the  Board  from
30    time  to  time,  issue  and  dispose  of its interest bearing
31    revenue bonds, notes, or certificates and may also from  time
                            -12-               SRS90S0056PMch
 1    to  time  issue  and  dispose of its interest bearing revenue
 2    bonds, notes, or certificates to refund any bonds, notes,  or
 3    certificates  at  maturity  or by redemption provisions or at
 4    any time before maturity with  the  consent  of  the  holders
 5    thereof.
 6        (b)  All  bonds, notes, and certificates shall be payable
 7    solely from the revenues or income to  be  derived  from  the
 8    terminals,   terminal   facilities,   port   facilities,  and
 9    intermodal facilities or any part thereof; may bear any  date
10    or  dates;  may  mature at any time or times not exceeding 40
11    years from their respective dates; may bear interest  at  any
12    rate  or  rates payable semiannually; may be in any form; may
13    carry any registration privileges; may  be  executed  in  any
14    manner;  may  be  payable at any place or places; may be made
15    subject to redemption in any manner and upon any terms,  with
16    or without premium that is stated on the face thereof; may be
17    authenticated  in  any  manner; and may contain any terms and
18    covenants as may be provided in the ordinance.  The holder or
19    holders  of  any  bonds,  notes,  certificates,  or  interest
20    coupons appertaining to the bonds,  notes,  and  certificates
21    issued  by the district may bring civil actions to compel the
22    performance and observance by the  district  or  any  of  its
23    officers,  agents,  or  employees of any contract or covenant
24    made by the district with the holders of those bonds,  notes,
25    certificates,  or interest coupons and to compel the district
26    and any of its officers, agents, or employees to perform  any
27    duties  required  to  be  performed  for  the  benefit of the
28    holders  of  any  bonds,  notes,  certificates,  or  interest
29    coupons by the provision in the ordinance  authorizing  their
30    issuance, and to enjoin the district and any of its officers,
31    agents,  or employees from taking any action in conflict with
32    any such contract or covenant, including the establishment of
33    charges, fees,  and  rates  for  the  use  of  facilities  as
34    provided  in this Act.  Notwithstanding the form and tenor of
                            -13-               SRS90S0056PMch
 1    any bonds, notes, or certificates and in the absence  of  any
 2    express recital on the face thereof that it is nonnegotiable,
 3    all  bonds,  notes,  and  certificates  shall  be  negotiable
 4    instruments.   Pending  the  preparation and execution of any
 5    bonds, notes, or certificates,  temporary  bonds,  notes,  or
 6    certificates  may  be issued with or without interest coupons
 7    as may be provided by ordinance.
 8        (c)  The bonds, notes, or certificates shall be  sold  by
 9    the  corporate authorities of the district in any manner that
10    the corporate authorities shall  determine,  except  that  if
11    issued to bear interest at the minimum rate permitted by Bond
12    Authorization  Act, the bonds shall be sold for not less than
13    par and accrued interest and except that the selling price of
14    bonds bearing interest at a rate less than the  maximum  rate
15    permitted in that Act shall be such that the interest cost to
16    the  district  of the money received from the bond sale shall
17    not exceed such maximum rate annually  computed  to  absolute
18    maturity  of said bonds or certificates according to standard
19    tables of bond values.
20        (d)  From and after the issue of  any  bonds,  notes,  or
21    certificates  as  provided  in  this Section, it shall be the
22    duty of the corporate authorities of the district to fix  and
23    establish  rates, charges, and fees for the use of facilities
24    acquired, constructed, reconstructed, extended,  or  improved
25    with  the proceeds derived from the sale of the bonds, notes,
26    or certificates sufficient at all times with  other  revenues
27    of  the district, if any, to pay (i) the cost of maintaining,
28    repairing, regulating, and operating the facilities and  (ii)
29    the  bonds,  notes,  or  certificates and interest thereon as
30    they shall become due, all sinking fund requirements, and all
31    other requirements provided by the ordinance authorizing  the
32    issuance  of the bonds, notes, or certificates or as provided
33    by any trust agreement executed to  secure  payment  thereof.
34    To  secure  the  payment  of  any  or all of bonds, notes, or
                            -14-               SRS90S0056PMch
 1    certificates  and  for  the  purpose  of  setting  forth  the
 2    covenants and undertaking of the district in connection  with
 3    the  issuance  of those bonds, notes, or certificates and the
 4    issuance of any  additional  bonds,  notes,  or  certificates
 5    payable from revenue income to be derived from the terminals,
 6    terminal   facilities,   port   facilities,   and  intermodal
 7    facilities the district  may  execute  and  deliver  a  trust
 8    agreement  or  agreements.  A lien upon any physical property
 9    of the district may be created by  the  trust  agreement.   A
10    remedy  for  any  breach or default of the terms of any trust
11    agreement by the district may be by mandamus  proceedings  in
12    the  circuit  court to compel performance and compliance with
13    the agreement, but the trust agreement may prescribe by  whom
14    or on whose behalf the action may be instituted.
15        Section  75.  Bonds  not  obligations  of  the  State  or
16    district.   Under no circumstances shall any bonds, notes, or
17    certificates issued by the district or any  other  obligation
18    of the district be or become an indebtedness or obligation of
19    the  State  of Illinois or of any other political subdivision
20    of or municipality within the  State,  nor  shall  any  bond,
21    note, certificate, or obligation be or become an indebtedness
22    of  the  district  within  the  purview of any constitutional
23    limitation or provision.  It shall be plainly stated  on  the
24    face  of  each  bond,  note, and certificate that it does not
25    constitute an  indebtedness  or  obligation  but  is  payable
26    solely from the revenues or income of the district.
27        Section  80.  Revenue  bonds  as  legal investments.  The
28    State and all counties, cities, villages, incorporated  towns
29    and  other  municipal  corporations,  political subdivisions,
30    public bodies, and public officers of any thereof; all banks,
31    bankers, trust companies,  savings  banks  and  institutions,
32    building    and   loan   associations,   savings   and   loan
                            -15-               SRS90S0056PMch
 1    associations,  investment  companies,   and   other   persons
 2    carrying  on  a  banking  business;  all insurance companies,
 3    insurance associations, and  other  persons  carrying  on  an
 4    insurance   business;   and  all  executors,  administrators,
 5    guardians, trustees, and other fiduciaries may legally invest
 6    any sinking funds, moneys, or other funds belonging  to  them
 7    or  within their control in any bonds, notes, or certificates
 8    issued under this Act.  It is the purpose of this Section  to
 9    authorize  the investment in bonds, notes, or certificates of
10    all sinking, insurance,  retirement,  compensation,  pension,
11    and  trust  funds,  whether owned or controlled by private or
12    public persons or officers; provided, however,  that  nothing
13    contained  in  this Section may be construed as relieving any
14    person  from  any  duty  of  exercising  reasonable  care  in
15    selecting securities for purchase or investment.
16        Section 85.  Taxes.   The  Board  may,  after  referendum
17    approval,  levy  a tax for corporate purposes of the district
18    annually at the rate approved by referendum, but  which  rate
19    shall  not  exceed  .05% of the value of all taxable property
20    within the port district as  equalized  or  assessed  by  the
21    Department of Revenue.
22        If  the  Board  desires to levy a tax it shall order that
23    the question be submitted at an election to  be  held  within
24    the  district and shall certify the order and the question to
25    the proper election officials, who shall submit the  question
26    to  the voters at an election under the general election law.
27    The Board shall cause the result  of  the  referendum  to  be
28    entered upon the records of the port district.  If a majority
29    of  the  vote on the question is in favor of the proposition,
30    the Board may annually thereafter levy a  tax  for  corporate
31    purposes  at a rate not to exceed that approved by referendum
32    but in no event to exceed .05% of the value  of  all  taxable
33    property  within the district as equalized or assessed by the
                            -16-               SRS90S0056PMch
 1    Department of Revenue.
 2        The question shall  be  in  substantially  the  following
 3    form:
 4             Shall  the  Mid-America  Intermodal  Authority  Port
 5        District  levy a tax annually not to exceed (insert rate)
 6        % of the  value  of  taxable  property  as  equalized  or
 7        assessed  by  the  Department  of  Revenue  for corporate
 8        purposes.
 9    The votes shall be recorded as "Yes" or "No".
10        Section 90. Permits.  It shall be unlawful  to  make  any
11    fill  or  deposit of rock, earth, sand, or other material, or
12    any refuse matter of any kind or  description,  or  build  or
13    commence  the  building  of  any  wharf, pier, dolphin, boom,
14    weir, breakwater, bulkhead, jetty, bridge, or other structure
15    over, under, in, or within 40 feet of  any  navigable  waters
16    within  the  district  without  first  submitting  the plans,
17    profiles, and specifications for it, and any other  data  and
18    information  that  may  be  required,  to  the  district  and
19    receiving  a  permit.  Any person, corporation, company, city
20    or municipality, or other agency that does any of the  things
21    prohibited  in  this  Section  without  securing  a permit is
22    guilty of a Class A  misdemeanor.  Any  structure,  fill,  or
23    deposit  erected or made in any of the public bodies of water
24    within the district in violation of the  provisions  of  this
25    Section  is declared to be a purpresture and may be abated as
26    such at the expense  of  the  person,  corporation,  company,
27    city,  municipality,  or other agency responsible for it.  If
28    in the discretion of the district  it  is  decided  that  the
29    structure,  fill, or deposit may remain, the district may fix
30    any rule, regulation, requirement, restrictions,  or  rentals
31    or require and compel any changes, modifications, and repairs
32    that  shall  be  necessary  to  protect  the  interest of the
33    district.
                            -17-               SRS90S0056PMch
 1        Section  100.   Mid-America  Intermodal  Authority   Port
 2    District    Board;    compensation.     The   governing   and
 3    administrative  body  of  the  district  shall  be  a   board
 4    consisting  of  7  members,  to  be  known as the Mid-America
 5    Intermodal Authority Port District  Board.   Members  of  the
 6    Board  shall  be  residents  of  a county whose territory, in
 7    whole or in part, is embraced by the district and persons  of
 8    recognized  business ability.  The members of the Board shall
 9    receive compensation for their services, set by the Board  at
10    an   amount  not  to  exceed  $20,000  annually,  except  the
11    chairperson may receive an  additional  $5,000  annually,  if
12    approved  by  the  Board.   All  compensation  shall  be paid
13    directly from the district's operating  funds.   The  members
14    shall  receive no other compensation whatever, whether in the
15    form of salary, per diem allowance, or otherwise, for  or  in
16    connection  with  their  service  as  a members.  Each member
17    shall be reimbursed for actual expenses incurred  by  him  or
18    her  in  the  performance of the member's duties.  Any person
19    who is appointed to the office of secretary or  treasurer  of
20    the  Board  may  receive  compensation  for  services  as  an
21    officer, as determined by the Board, provided that the person
22    is  not  a  member  of  the Board.  No member of the Board or
23    employee of the district shall  have  any  private  financial
24    interest,  profit,  or  benefit  in  any  contract,  work, or
25    business of the district or in  the  sale  or  lease  of  any
26    property to or from the district.
27        Section 105. Appointment of Board members.  The Governor,
28    by  and  with  the  advice  and  consent of the Senate, shall
29    appoint 3 members of the Board  for  initial  terms  expiring
30    June  first  of the years 2000, 2001, and 2002, respectively,
31    and the chairpersons of county boards of the counties  within
32    the  district  shall  appoint  4  members  for  initial terms
33    expiring June first of the years 2000, 2001, 2002, and  2003,
                            -18-               SRS90S0056PMch
 1    respectively,  in  a  meeting  specifically convened for that
 2    purpose.  Except  as  provided  in  this  Section,   at   the
 3    expiration  of  the  term  of  any  member  appointed  by the
 4    Governor, his or her successor  shall  be  appointed  by  the
 5    Governor in like manner, and at the expiration of the term of
 6    any  member  appointed  by  the  county  boards,  his  or her
 7    successor shall be appointed by the  county  boards  in  like
 8    manner,      as  appointments  for  the  initial  terms.  All
 9    successors shall hold office for the term of 5 years from the
10    first day of June of the year in which  they  are  appointed,
11    except  in  the  case of an appointment to fill a vacancy. In
12    case of vacancy in the office of any member appointed by  the
13    Governor  during the recess of the Senate, the Governor shall
14    make a temporary appointment until the next  meeting  of  the
15    Senate  when  the Governor shall nominate some person to fill
16    the office; and any person so nominated, who is confirmed  by
17    the Senate, shall hold his or her office during the remainder
18    of the term and until his or her successor shall be appointed
19    and  qualified.    Each  appointment by the Governor shall be
20    subject to approval by the county boards and each appointment
21    by the county boards shall be  subject  to  approval  by  the
22    Governor,  and, when so approved, the Governor and the county
23    boards  shall  certify  their  respective  appointments   and
24    approvals  to  the  Secretary  of State. Within 30 days after
25    certification and approval of his  or  her  appointment,  and
26    before  entering  upon  the duties of his or her office, each
27    member  of  the  Board   shall   take   and   subscribe   the
28    constitutional  oath  of  office and file it in the office of
29    the Secretary of State.
30        All members of the Board shall reside within the area  of
31    the district as defined in Section 10 of this Act.
32        Section  110.  Resignation  and removal of Board members;
33    vacancies.  Members of the  Board  shall  hold  office  until
                            -19-               SRS90S0056PMch
 1    their   respective   successors   have   been  appointed  and
 2    qualified. Any member may resign from his or her  office,  to
 3    take  effect when his or her successor has been appointed and
 4    has qualified. The Governor and the county boards may  remove
 5    any  member  of  the  Board  appointed  by  them  in  case of
 6    incompetency, neglect of duty, or malfeasance in office. They
 7    shall give the member a copy of the charges  against  him  or
 8    her  and  an opportunity to be publicly heard in person or by
 9    counsel in his or her own defense upon not less than 10 days'
10    notice. In  case  of  failure  to  qualify  within  the  time
11    required,  of  abandonment of office, or of death, conviction
12    of a crime, or removal from office, the office  shall  become
13    vacant.  Each  vacancy shall be filled for the unexpired term
14    by appointment in like manner, and with like regard as to the
15    place of residence of the appointee, as in case of expiration
16    of the term of a member of the Board.
17        Section 115. Organization  of  the  Board.   As  soon  as
18    possible  after  the  appointment of the initial members, the
19    Board shall organize for the transaction of business,  select
20    a  chairperson and a temporary secretary from its own number,
21    and adopt by-laws and regulations to govern its  proceedings.
22    The  initial  chairperson  and successors shall be elected by
23    the Board from time to time for the term of his or her office
24    as a member of  the  Board  or  for  the  term  of  3  years,
25    whichever is shorter.
26        Section 120. Meetings; ordinances and resolutions; public
27    records.   Regular    meetings  of the Board shall be held at
28    least once in each calendar month, the time and place of  the
29    meeting  to  be fixed by the Board. Four members of the Board
30    shall constitute a quorum for the  transaction  of  business.
31    All  action  of the Board shall be by ordinance or resolution
32    and the affirmative vote of  at  least  4  members  shall  be
                            -20-               SRS90S0056PMch
 1    necessary  for  the  adoption of any ordinance or resolution.
 2    All ordinances and resolutions before taking effect shall  be
 3    approved by the chairperson of the Board.  If the chairperson
 4    shall  approve  the  ordinance or resolution, he or she shall
 5    sign it.  Those ordinances  or  resolutions  the  chairperson
 6    shall  not  approve the chairperson shall return to the Board
 7    with his or her objections in writing  at  the  next  regular
 8    meeting  of  the  Board  occurring  after  the passage of the
 9    ordinances or resolutions.   If the chairperson shall fail to
10    return any ordinance or resolution with his or her objections
11    by the time required in this Section,  he  or  she  shall  be
12    deemed   to  have  approved  it  and  it  shall  take  effect
13    accordingly. Upon the return of any ordinance  or  resolution
14    by  the  chairperson  with his or her objections, the vote by
15    which  the  ordinance  or  resolution  was  passed  shall  be
16    reconsidered by  the  Board.   If  upon  reconsideration  the
17    ordinance  or resolution is passed by the affirmative vote of
18    at least 5 members, it shall go into  effect  notwithstanding
19    the veto of the chairperson. All ordinances, resolutions, all
20    proceedings of the district, and all documents and records in
21    its  possession  shall  be public records, and open to public
22    inspection, except any documents and records  that  shall  be
23    kept  or  prepared  by  the  Board  for  use in negotiations,
24    actions, or proceedings to which the district is a party.
25        Section 125. Secretary and treasurer; oath and bond.  The
26    Board shall appoint a secretary and a treasurer who need  not
27    be members of the Board to hold office during the pleasure of
28    the   Board.    The   Board   shall   fix  their  duties  and
29    compensation.  Before  entering  upon  the  duties  of  their
30    respective  offices,  they  shall  take  and  subscribe   the
31    constitutional oath of office and the treasurer shall execute
32    a  bond  with corporate sureties to be approved by the Board.
33    The bond shall be payable to the district in  whatever  penal
                            -21-               SRS90S0056PMch
 1    sum  may  be  directed  by  the  Board  conditioned  upon the
 2    faithful performance of the duties  to  the  office  and  the
 3    payment  of all money received by him or her according to law
 4    and the orders of the Board. The  Board  may,  at  any  time,
 5    require  a  new bond from the treasurer in any penal sum that
 6    may be  determined  by  the  Board.  The  obligation  of  the
 7    sureties  shall  not  extend  to  any  loss  sustained by the
 8    insolvency, failure, or  closing  of  any  savings  and  loan
 9    association  or  national or State bank wherein the treasurer
10    has  deposited  funds  if  the  bank  or  savings  and   loan
11    association  has  been  approved by the Board as a depositary
12    for those funds. The oaths of office and the treasurer's bond
13    shall be filed in the principal office of the district.
14        Section 130. Deposits; checks or drafts.
15        (a)  All funds deposited by the treasurer in any bank  or
16    savings  and  loan association shall be placed in the name of
17    the district and shall be withdrawn or paid out only by check
18    or draft upon the  bank  or  savings  and  loan  association,
19    signed  by the treasurer and countersigned by the chairperson
20    of the Board. The Board may designate any of its  members  or
21    any  officer  or  employee  of  the  district  to  affix  the
22    signature  of  the  chairperson  and  another  to  affix  the
23    signature  of the treasurer to any check or draft for payment
24    of salaries or wages and for payment of any other  obligation
25    of not more than $10,000.
26        No  bank  or  savings  and loan association shall receive
27    public funds as permitted  by  this  Section  unless  it  has
28    complied with the requirements established under Section 6 of
29    the Public Funds Investment Act.
30        (b)  In case any officer whose signature appears upon any
31    check  or  draft  issued under this Act ceases to hold his or
32    her office before the delivery of the check or draft  to  the
33    payee,  his  or her signature nevertheless shall be valid and
                            -22-               SRS90S0056PMch
 1    sufficient for all purposes with the same effect as if he  or
 2    she  had  remained  in  office until delivery of the check or
 3    draft.
 4        Section 135.  Prompt payment.  Purchases made under  this
 5    Act  shall  be  made  in compliance with the Local Government
 6    Prompt Payment Act.
 7        Section   140.    Executive   director,   officers,   and
 8    employees.  The Board may appoint an executive director,  who
 9    shall   be  a  person  of  recognized  ability  and  business
10    experience, to hold office during the pleasure of the  Board.
11    The   executive   director   shall  have  management  of  the
12    properties, business,  and  the  employees  of  the  district
13    subject to the general control of the Board; shall direct the
14    enforcement   of  all  ordinances,  resolutions,  rules,  and
15    regulations of the Board; and shall perform any other  duties
16    that  may  be prescribed from time to time by the Board.  The
17    Board may appoint a general attorney and a chief engineer and
18    shall provide for the  appointment  of  any  other  officers,
19    attorneys, engineers, consultants, agents, and employees that
20    may  be  necessary.   The Board shall define their duties and
21    require bonds of those that it may designate.
22        The executive director, general attorney, chief engineer,
23    and all other officers provided for under this Section  shall
24    be  exempt from taking and subscribing any oath of office and
25    shall not be members of the Board. The  compensation  of  the
26    executive director, general attorney, chief engineer, and all
27    other officers, attorneys, consultants, agents, and employees
28    shall  be  fixed  by  the Board, subject to the provisions of
29    Section 125 of this Act.
30        Section 145. Fines and penalties.  The Board  shall  have
31    power  to  pass  all  ordinances  and  to  make all rules and
                            -23-               SRS90S0056PMch
 1    regulations proper or necessary  to  carry  into  effect  the
 2    powers  granted  to the district, with any fines or penalties
 3    that may be deemed proper. All fines and penalties  shall  be
 4    imposed  by ordinances that shall be published in a newspaper
 5    of general circulation published in the area embraced by  the
 6    district.  No ordinance shall take effect until 10 days after
 7    its publication.
 8        Section 150. Report and  financial  statement.   As  soon
 9    after  the  end  of each fiscal year as may be expedient, the
10    Board shall prepare and print a complete and detailed  report
11    and  financial  statement of its operations and of its assets
12    and liabilities. A reasonably sufficient number of copies  of
13    the  report  shall  be  printed  for  distribution to persons
14    interested, upon request, and a copy of the report  shall  be
15    filed  with  the Governor and the county clerk of each county
16    that is within the area of the district. A copy of the report
17    shall be addressed to  and  mailed  to  the  mayor  and  city
18    council   or   president   and  board  of  trustees  of  each
19    municipality within the area of the district.
20        Section 155. Investigations by the Board.  The Board  may
21    investigate conditions in which it has an interest within the
22    area  of  the  district;  the  enforcement of its ordinances,
23    rules,  and  regulations;  and  the  action,   conduct,   and
24    efficiency  of  all  officers,  agents,  and employees of the
25    district. In the conduct of investigations the Board may hold
26    public hearings  on  its  own  motion  and  shall  do  so  on
27    complaint  of  any  municipality  within  the  district. Each
28    member of the Board shall have power to administer oaths  and
29    the  secretary,  by order of the Board, shall issue subpoenas
30    to secure the attendance and testimony of witnesses  and  the
31    production of books and papers relevant to investigations and
32    to any hearing before the Board or any member of the Board.
                            -24-               SRS90S0056PMch
 1        Any  circuit court of this State, upon application of the
 2    Board or any member of  the  Board,  may  in  its  discretion
 3    compel  the  attendance of witnesses, the production of books
 4    and papers, and giving of testimony before the Board,  before
 5    any  member  of  the Board, or before any officers' committee
 6    appointed  by  the  Board  by  attachment  for  contempt   or
 7    otherwise  in  the  same manner as the production of evidence
 8    may be compelled before the court.
 9        Section 160.  Annexation.  Territory that  is  contiguous
10    to  the  district  and  that is not included within any other
11    port district may be annexed to and  become  a  part  of  the
12    district  in  the  manner  provided  in  Section  165 or 170,
13    whichever is applicable.
14        Section 165.  Petition for annexation.  At  least  5%  of
15    the  legal  voters resident within the limits of the proposed
16    addition to the district shall petition the circuit court for
17    a county in which a major part of the district  is  situated,
18    to  cause  the  question  of  whether the proposed additional
19    territory shall become a part of the district to be submitted
20    to the legal voters of  the  proposed  additional  territory.
21    The  petition  shall  be  addressed  to  the  court and shall
22    contain a definite  description  of  the  boundaries  of  the
23    territory to be embraced in the proposed addition.
24        Upon  the  filing  of  any petition with the clerk of the
25    court, the court shall fix a time and  place  for  a  hearing
26    upon the subject of the petition.
27        Notice  shall  be given by the court to whom the petition
28    is addressed or by the circuit clerk or sheriff of the county
29    in which the petition is made at the order and  direction  of
30    the  court  of  the  time  and  place of the hearing upon the
31    subject of the petition at least 20 days before  the  hearing
32    by  at  least  one publication of the notice in any newspaper
                            -25-               SRS90S0056PMch
 1    having general circulation within the  area  proposed  to  be
 2    annexed,  and by mailing a copy of the notice to the mayor or
 3    president of the board of trustees of all  cities,  villages,
 4    and incorporated towns within the district.
 5        At  the  hearing  the  district,  all persons residing or
 6    owning property within the district, and all persons residing
 7    in or owning property situated in the  area  proposed  to  be
 8    annexed to the district may appear and be heard touching upon
 9    the sufficiency of the petition.  If the court finds that the
10    petition  does  not  comply with the requirements of the law,
11    the court shall dismiss the petition.   If  the  court  finds
12    that  the petition is sufficient, the court shall certify the
13    petition and the proposition to the proper election officials
14    who shall submit the proposition to the voters at an election
15    under  the  general  election  law.   In  addition   to   the
16    requirements  of  the general election law, the notice of the
17    referendum shall include a description of the  area  proposed
18    to be annexed to the district.
19        The  proposition  shall be in substantially the following
20    form:
21             Shall (description of the territory proposed  to  be
22        annexed)  join  the Mid-America Intermodal Authority Port
23        District?
24    The votes shall be recorded as "Yes" or "No".
25        The court shall cause a statement of the  result  of  the
26    referendum to be filed in the records of the court.
27        If  a  majority  of  the  votes cast upon the question of
28    annexation to the district are in favor of becoming a part of
29    the district, the court shall then  enter  an  order  stating
30    that   the  additional  territory  shall  thenceforth  be  an
31    integral part of the Mid-America  Intermodal  Authority  Port
32    District  and  subject  to all of the benefits of service and
33    responsibilities of the district.  The  circuit  clerk  shall
34    transmit  a  certified copy of the order to the circuit clerk
                            -26-               SRS90S0056PMch
 1    of any other county in which any of the territory affected is
 2    situated.
 3        Section 170.  Annexation of  territory  having  no  legal
 4    voters.   If  there  is  territory contiguous to the district
 5    that has no legal voters residing within it,  a  petition  to
 6    annex the territory signed by all the owners of record of the
 7    territory  may be filed with the circuit court for the county
 8    in which a major part of the district is  situated.   A  time
 9    and  place for a hearing on the subject of the petition shall
10    be fixed and notice of the hearing  shall  be  given  in  the
11    manner  provided in Section 165.  At the hearing any owner of
12    land in the territory proposed to be annexed,  the  district,
13    and  any  resident  of  the  district may appear and be heard
14    touching on the sufficiency of the petition.   If  the  court
15    finds  that  the  petition satisfies the requirements of this
16    Section, it shall enter an order stating that thenceforth the
17    territory shall  be  an  integral  part  of  the  Mid-America
18    Intermodal  Authority Port District and subject to all of the
19    benefits of service and  responsibilities  of  the  district.
20    The  circuit  clerk  shall  transmit  a certified copy of the
21    order of the court to the circuit clerk of any  other  county
22    in which the annexed territory is situated.
23        Section  175.   Administrative  Review  Law.   All  final
24    administrative  decisions  of  the Board, shall be subject to
25    judicial review under the provisions  of  the  Administrative
26    Review  Law  and  the  rules adopted under that Act. The term
27    "administrative decision" means the same as in Section  3-101
28    of the Code of Civil Procedure.
29        Section  180. Severability.  If any provision of this Act
30    or its application to any  person  or  circumstance  is  held
31    invalid, the invalidity of that provision or application does
                            -27-               SRS90S0056PMch
 1    not affect  other provisions or applications of this Act that
 2    can   be  given  effect  without  the  invalid  provision  or
 3    application.
 4        Section 185.  Interference with private facilities.   The
 5    provisions  of this Act shall not be considered as impairing,
 6    altering, modifying, repealing, or  superseding  any  of  the
 7    jurisdiction or powers of the Illinois Commerce Commission or
 8    of  the  Department  of  Natural  Resources under the Rivers,
 9    Lakes, and Streams Act.  Nothing in this Act  or  done  under
10    its  authority  shall apply to, restrict, limit, or interfere
11    with  the  use  of  any  terminal,  terminal  facility,  port
12    facility, or intermodal facility owned  or  operated  by  any
13    private person for the storage or handling or transfer of any
14    commodity  moving  in  interstate  commerce or the use of the
15    land and facilities of  a  common  carrier  or  other  public
16    utility and the space above that land and those facilities or
17    the  right  to  use  that  land  and  those facilities in the
18    business of any  common  carrier  or  other  public  utility,
19    without  approval  of  the  Illinois  Commerce Commission and
20    without the  payment  of  just  compensation  to  any  common
21    carrier  or  other  public utility for damages resulting from
22    any restriction, limitation, or interference.
23        Section 190.  Non-applicability of conflicting provisions
24    of the  Illinois  Municipal  Code.   The  provisions  of  the
25    Illinois  Municipal  Code  shall  not be effective within the
26    area of the district insofar as the provisions  of  that  Act
27    conflict   with   the   provisions   of  this  Act  or  grant
28    substantially the same powers to  any  municipal  corporation
29    that are granted to the district by this Act.
30        Section  800.   The  Intergovernmental Cooperation Act is
31    amended by changing Section 2 as follows:
                            -28-               SRS90S0056PMch
 1        (5 ILCS 220/2) (from Ch. 127, par. 742)
 2        Sec. 2. Definitions. For the purpose of this Act:
 3        (1)  The term "public agency"  shall  mean  any  unit  of
 4    local  government  as defined in the Illinois Constitution of
 5    1970, any  school  district,  any  public  community  college
 6    district,  any  public  building  commission,  the  State  of
 7    Illinois, any agency of the State government or of the United
 8    States,  or  of any other State, any political subdivision of
 9    another State, and any combination of the above  pursuant  to
10    an  intergovernmental agreement which includes provisions for
11    a governing body of the agency created by the agreement.
12        For the purposes of this Act,  "public  agency"  includes
13    the  Mid-America  Intermodal  Authority Port District created
14    under the Mid-America Intermodal Authority Port District Act.
15        (2)  The term "state" shall mean a state  of  the  United
16    States.
17    (Source: P.A. 87-1208.)
18        Section 999.  Effective date.  This Act takes effect upon
19    becoming law.

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