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Public Act 91-0566
HB2283 Enrolled LRB9104558MWgcB
AN ACT providing for the State of Illinois to enter into
an agreement with Missouri and Iowa to establish the
Mid-America Port Commission.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Mid-America Port Commission Agreement Act.
Section 5. Agreement. The State of Illinois ratifies
and approves the Mid-America Port Commission Agreement and
enters into that Agreement with Missouri and Iowa in
substantially the following form:
This agreement shall be known as and may be cited as the
"Mid-America Port Commission Agreement". This agreement
allows for the states of Illinois and Iowa to join the effort
of the state of Missouri for developing the Mid-America Port
There is created a Mid-America Port Commission to be
governed by a nine-member port commission. The governors of
Missouri, Illinois and Iowa shall appoint one member to the
port commission in accordance with the laws of the respective
state. Each state shall also be represented by two members
elected through the county governance in the geographical
jurisdiction of the port commission. The port commission
members shall hold office for a period of six years. The port
commission members shall elect a chairperson of the port
commission after all the members are selected. The position
of chairperson shall rotate among the Missouri, Iowa and
Illinois members for two-year periods. A member of the port
commission shall not serve more than two terms.
POWERS OF COMMISSION
The port commission shall have the power to acquire,
purchase, install, lease, construct, own, hold, maintain,
equip, use, control or operate ports, harbors, waterways,
channels, wharves, piers, docks, quays, elevators, tipples,
compresses, bulk loading and unloading facilities,
warehouses, dry docks, marine support railways, tugboats,
ships, vessels, shipyards, shipbuilding facilities, machinery
and equipment, dredges or any other facilities required or
incidental to the construction, outfitting, dry docking or
repair of ships or vessels, or water, air, or rail terminals,
or roadways or approaches thereto, or other structures or
facilities necessary for the convenient use of the same in
the aid of commerce, including the dredging, deepening,
extending, widening, or enlarging of any ports, harbors,
rivers, channels, or waterways, the damming of inland
waterways, the establishment of a water basin, the
acquisition and development of industrial sites, or the
reclaiming of submerged lands.
Section 10. Jurisdiction. Adams, Brown, Cass, Hancock,
Pike, Schuyler, Henderson, Warren, Morgan, Mercer, and Scott
Counties in Illinois and any additional counties that may be
added to the Mid-America Intermodal Authority Port District
are included in the jurisdiction of the Mid-America Port
Commission. Any territory that is disconnected from the
Mid-America Intermodal Authority Port District shall cease to
be under the jurisdiction of the Mid-America Port Commission.
Section 15. Powers.
(a) Any power or powers, privileges, or authority
exercised or capable of exercise by a public agency of this
State may be exercised and enjoyed jointly with the
Mid-America Port Commission according to the powers delegated
to the commission pursuant to this Act.
(b) A public agency of this State may enter into a
letter of understanding with the Commission to advance the
purposes of the Commission.
(c) The Mid-America Port Commission shall exercise no
control over the operation of port districts established by
any other law of this State, except by voluntary agreement
between the port district and the Commission.
Section 20. Appointment of commissioners; vacancy.
(a) Within 90 days after the effective date of this Act,
the Governor shall appoint one commissioner to the
Mid-America Port Commission created by agreement between
Illinois, Missouri, and Iowa. This commissioner must be
appointed from among those members of the Mid-America
Intermodal Authority Port District Board that were appointed
by the Governor.
(b) Within 90 days after the effective date of this Act,
the Mid-America Intermodal Authority Port District Board,
from its members, shall appoint 2 commissioners to the
Mid-America Port Commission.
(c) Commissioners must be members of the Mid-America
Intermodal Authority Port District Board. If a commissioner
ceases to be a member of the Mid-America Intermodal Authority
Port District Board, there shall be vacancy in the office of
(d) A vacancy in the office of commissioner shall be
filled by appointment of the Governor, in the case of a
vacancy in the office of commissioner appointed by the
Governor, or by the Mid-America Intermodal Authority Port
District Board, in the case of a vacancy in the office of
commissioner appointed by the Mid-America Intermodal
Authority Port District Board.
Section 25. Term of office. Each commissioner shall be
appointed to serve a term of 6 years. At the expiration of
the term of the commissioner appointed by the Governor, the
Governor shall appoint a successor who shall hold office for
6 years. At the expiration of the term of a commissioner
appointed by the Mid-America Intermodal Authority Port
District Board, the Mid-America Intermodal Authority Port
District Board shall appoint a successor who shall hold
office for 6 years. Each commissioner shall hold office
until his successor has been appointed.
Section 27. Commissioners; compensation. The
commissioners shall serve without compensation but shall be
entitled to be reimbursed for their necessary expenses
incurred in the performance of their duties.
Section 30. Consent and approval of agreement by
Congress. The Mid-America Port Commission has the power to
apply to the Congress of the United States for its consent
and approval of the agreement. In the absence of the
consent of Congress and until the consent of Congress has
been secured, the agreement shall be binding on the State of
Illinois in all respects permitted by the law for the states
of Illinois, Missouri, and Iowa without the consent of
Congress to cooperate, for the purposes enumerated in and in
the manner provided in the agreement.
Section 900. The Mid-America Intermodal Authority Port
District Act is amended by changing Section 10 and by adding
Section 172 as follows:
(70 ILCS 1832/10)
Sec. 10. Mid-America Intermodal Authority Port District
created. There is created a political subdivision, body
politic, and municipal corporation by the name of the
Mid-America Intermodal Authority Port District embracing all
the area within the corporate limits of Adams, Brown, Cass,
Hancock, Pike, Schuyler, Henderson, Warren, Morgan, Mercer,
and Scott Counties. Territory may be annexed to the district
in the manner provided in this Act. The district may sue and
be sued in its corporate name but execution shall not in any
case issue against any property of the district. It may adopt
a common seal and change the same at its pleasure.
(Source: P.A. 90-636, eff. 7-24-98.)
(70 ILCS 1832/172 new)
Sec. 172. Disconnection. The registered voters of a
county included in the District may petition the State Board
of Elections requesting the submission of the question of
whether the county should be disconnected from the District
to the electors of the county. The petition shall be
circulated in the manner required by Section 28-3 of the
Election Code and objections thereto and the manner of their
disposition shall be in accordance with Section 28-4 of the
Election Code. If a petition is filed with the State Board
of Elections, signed by not less than 5% of the registered
voters of the county, requesting that the question of
disconnection be submitted to the electors of the county, the
State Board of Elections must certify the question to the
proper election authority, which must submit the question at
a regular election held at least 78 days after the petition
is filed in accordance with the Election Code.
The question must be submitted in substantially the
Shall (name of county) be disconnected from the
Mid-America Intermodal Authority Port District?
The votes must be recorded as "Yes" or "No".
If a majority of the electors voting on the question vote
in the affirmative, the county shall be disconnected from the
Section 99. Effective date. This Act takes effect upon
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