[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
| [ Senate Amendment 002 ] |
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 HB2283 Enrolled -2- LRB9104558MWgcB 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 HB2283 Enrolled -3- LRB9104558MWgcB 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. HB2283 Enrolled -4- LRB9104558MWgcB 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 HB2283 Enrolled -5- LRB9104558MWgcB 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 HB2283 Enrolled -6- LRB9104558MWgcB 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.