State of Illinois
91st General Assembly
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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:

                          AGREEMENT
    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
Commission.

                       PORT COMMISSION
    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
commissioner.
    (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
following form:
         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
District.

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

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