HB5236 97TH GENERAL ASSEMBLY

LRB097 19235 KMW 64477 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5236

Introduced 2/8/2012, by Rep. Mike Bost

SYNOPSIS AS INTRODUCED:

70 ILCS 1820/15	from Ch. 19, par. 865
70 ILCS 1820/16	from Ch. 19, par. 866
70 ILCS 1820/17	from Ch. 19, par. 867
70 ILCS 1820/19	from Ch. 19, par. 869

Amends the Jackson-Union Counties Regional Port District Act. Provides that on the effective date of the amendatory Act, the terms of the current members of the Jackson-Union Counties Regional Port District Board shall terminate. Provides that the reconstituted Board shall consist of 7 members, rather than 23 members who are currently appointed to the Board. Sets forth procedures concerning the appointment of new Board members. Provides that 4 (now, 12) members of the Board shall constitute a quorum for the transaction of business. Makes corresponding changes. Effective immediately.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Jackson-Union Counties Regional Port District Act is amended by changing Sections 15, 16, 17, and 19 as follows:

(70 ILCS 1820/15) (from Ch. 19, par. 865)

Sec. 15. On the effective date of this amendatory Act of the 97th General Assembly, the terms of office of the members of the Board appointed pursuant to this Act shall terminate and the board reconstituted. After the effective date of this amendatory Act of the 97th General Assembly, the The governing and administrative body of the Port District shall be a Board consisting of 7 23 members, to be known as the Jackson-Union Counties Regional Port District Board. All members of the Board appointed by the Governor shall be residents of the District. Every member of the Board appointed by a unit of local government after the effective date of this amendatory Act of 1981 shall be a resident of the appointing unit of local government. The members of the Board shall serve without compensation but shall be reimbursed for actual expenses incurred by them in the performance of their duties. However, any member of the Board who is appointed to the office of secretary or treasurer may receive compensation for his services as such officer. No member of the Board or employee of the District shall have any private financial interest, profit or benefit in any contract, work or business of the District nor in the sale or lease of any property to or from the District.

(Source: P.A. 82-388.)

(70 ILCS 1820/16) (from Ch. 19, par. 866)

Sec. 16. Appointment; vacancies. The Governor shall appoint 3 4 members of the Board, each Mayor of the municipalities of Grand Tower, Jonesboro, Gorham, Murphysboro, Carbondale, Anna, Cobden, Makanda, Ava, Mill Creek, Elkville, Alto Pass, Vergennes, Dowell, DeSoto, Campbell Hill, and Dongola shall appoint one member of the Board, and each County Board of Jackson County and Union County shall appoint 2 members one member of the Board. All initial appointments shall be made within 60 days after this Act takes effect. Of this amendatory Act of the 97th General Assembly, of Of the 3 4 members initially appointed by the Governor one 2 shall be appointed for an initial term terms expiring June 1, 2014 June 1, 1978, and 2 for an initial term expiring June 1, 2015 June 1, 1979. Of the 4 members initially appointed by the County Boards, 2 shall be appointed for an initial term expiring June 1, 2014, and 2 for an initial term expiring June 1, 2015. The terms of the members initially appointed by the respective Mayors and County Boards shall expire June 1, 1979. At the expiration of the term of any member, his or her successor shall be appointed by the Governor, the respective Mayors, or the respective County Boards in like manner and with like regard to place of residence of the appointee, as in the case of appointments for the initial terms.

After the expiration of initial terms, each successor shall hold office for the term of 3 years beginning the first day of June of the year in which the term of office commences. In the case of a vacancy during the term of office of any member appointed by the Governor, the Governor shall make an appointment for the remainder of the term vacant and until a successor is appointed and qualified. In case of a vacancy during the term of office of any member appointed by a Mayor, the proper Mayor shall make an appointment for the remainder of the term vacant and until a successor is appointed and qualified. In case of a vacancy during the term of office of any member appointed by a County Board, the proper County Board shall make an appointment for the remainder of the term vacant and until a successor is appointed and qualified. The Governor, each Mayor, and each County Board shall certify their respective appointments to the Secretary of State. Within 30 days after certification of his or her appointment, and before entering upon the duties of his or her office, each member of the Board shall take and subscribe the constitutional oath of office and file it in the office of the Secretary of State.

Notwithstanding any provision of this Section to the contrary, if there is a vacancy for 3 months or more in the office of a member appointed by a mayor, then the Board may request that the county board of the county in which the municipality is located appoint a person to fill the vacancy for the remainder of the term or until a successor is appointed and qualified. Before requesting that the county board fill the vacancy, the Board must notify the mayor authorized to fill the vacancy by first class mail. The notice must be sent no later than 30 days after the vacancy occurs. Any Board member appointed under this paragraph must be a resident of the county making the appointment to fill the vacancy.

Every person appointed to the Board after the effective date of this amendatory Act of 1981 shall be a resident of the unit of local government which makes the appointment. Persons appointed by the Governor shall reside in the district.

(Source: P.A. 96-1015, eff. 7-8-10.)

(70 ILCS 1820/17) (from Ch. 19, par. 867)

Sec. 17. Members of the Board shall hold office until their respective successors have been appointed and qualified. Any member may resign from his office to take effect when his successor has been appointed and has qualified. The Governor, each Mayor, and each County Board, respectively, may remove any member of the Board they have appointed in case of incompetency, neglect of duty or malfeasance in office. They shall give such member a copy of the charges against him and an opportunity to be publicly heard in person or by counsel in his own defense upon not less than 10 days' notice. In case of failure to qualify within the time required, or of abandonment of his office, or in case of death, conviction of a felony or removal from office, the office of such member shall become vacant. Each vacancy shall be filled for the unexpired term by appointment in like manner as in case of expiration of the term of a member of the Board.

(Source: P.A. 79-1475.)

(70 ILCS 1820/19) (from Ch. 19, par. 869)

Sec. 19. Regular meetings of the Board shall be held at least once in each calendar month, the time and place of such meetings to be fixed by the Board. Four Twelve members of the Board shall constitute a quorum for the transaction of business. All action of the Board shall be by ordinance or resolution and the affirmative vote of at least 4 12 members shall be necessary for the adoption of any ordinance or resolution. All such ordinances and resolutions before taking effect shall be approved by the chairman of the Board, and if he approves thereof he shall sign the same, and such as he does not approve he shall return to the Board with his objections thereto in writing at the next regular meeting of the Board occurring after the passage thereof. But in the case the chairman fails to return any ordinance or resolution with his objections thereto by the time aforesaid, he shall be deemed to have approved the same and it shall take effect accordingly. Upon the return of any ordinance or resolution by the chairman with his objections, the vote by which the same was passed shall be reconsidered by the Board, and if upon such reconsideration said ordinance or resolution is passed by the affirmative vote of at least 5 16 members, it shall go into effect notwithstanding the veto of the chairman. All ordinances, resolutions and all proceedings of the District and all documents and records in its possession shall be public records, and open to public inspection, except such documents and records as are kept or prepared by the Board for use in negotiations, legal actions or proceedings to which the District is a party.

(Source: P.A. 79-1475.)

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