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.


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A BILL FOR

 

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1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Jackson-Union Counties Regional Port
5District Act is amended by changing Sections 15, 16, 17, and 19
6as follows:
 
7    (70 ILCS 1820/15)  (from Ch. 19, par. 865)
8    Sec. 15. On the effective date of this amendatory Act of
9the 97th General Assembly, the terms of office of the members
10of the Board appointed pursuant to this Act shall terminate and
11the board reconstituted. After the effective date of this
12amendatory Act of the 97th General Assembly, the The governing
13and administrative body of the Port District shall be a Board
14consisting of 7 23 members, to be known as the Jackson-Union
15Counties Regional Port District Board. All members of the Board
16appointed by the Governor shall be residents of the District.
17Every member of the Board appointed by a unit of local
18government after the effective date of this amendatory Act of
191981 shall be a resident of the appointing unit of local
20government. The members of the Board shall serve without
21compensation but shall be reimbursed for actual expenses
22incurred by them in the performance of their duties. However,
23any member of the Board who is appointed to the office of

 

 

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1secretary or treasurer may receive compensation for his
2services as such officer. No member of the Board or employee of
3the District shall have any private financial interest, profit
4or benefit in any contract, work or business of the District
5nor in the sale or lease of any property to or from the
6District.
7(Source: P.A. 82-388.)
 
8    (70 ILCS 1820/16)  (from Ch. 19, par. 866)
9    Sec. 16. Appointment; vacancies. The Governor shall
10appoint 3 4 members of the Board, each Mayor of the
11municipalities of Grand Tower, Jonesboro, Gorham, Murphysboro,
12Carbondale, Anna, Cobden, Makanda, Ava, Mill Creek, Elkville,
13Alto Pass, Vergennes, Dowell, DeSoto, Campbell Hill, and
14Dongola shall appoint one member of the Board, and each County
15Board of Jackson County and Union County shall appoint 2
16members one member of the Board. All initial appointments shall
17be made within 60 days after this Act takes effect. Of this
18amendatory Act of the 97th General Assembly, of Of the 3 4
19members initially appointed by the Governor one 2 shall be
20appointed for an initial term terms expiring June 1, 2014 June
211, 1978, and 2 for an initial term expiring June 1, 2015 June
221, 1979. Of the 4 members initially appointed by the County
23Boards, 2 shall be appointed for an initial term expiring June
241, 2014, and 2 for an initial term expiring June 1, 2015. The
25terms of the members initially appointed by the respective

 

 

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1Mayors and County Boards shall expire June 1, 1979. At the
2expiration of the term of any member, his or her successor
3shall be appointed by the Governor, the respective Mayors, or
4the respective County Boards in like manner and with like
5regard to place of residence of the appointee, as in the case
6of appointments for the initial terms.
7    After the expiration of initial terms, each successor shall
8hold office for the term of 3 years beginning the first day of
9June of the year in which the term of office commences. In the
10case of a vacancy during the term of office of any member
11appointed by the Governor, the Governor shall make an
12appointment for the remainder of the term vacant and until a
13successor is appointed and qualified. In case of a vacancy
14during the term of office of any member appointed by a Mayor,
15the proper Mayor shall make an appointment for the remainder of
16the term vacant and until a successor is appointed and
17qualified. In case of a vacancy during the term of office of
18any member appointed by a County Board, the proper County Board
19shall make an appointment for the remainder of the term vacant
20and until a successor is appointed and qualified. The Governor,
21each Mayor, and each County Board shall certify their
22respective appointments to the Secretary of State. Within 30
23days after certification of his or her appointment, and before
24entering upon the duties of his or her office, each member of
25the Board shall take and subscribe the constitutional oath of
26office and file it in the office of the Secretary of State.

 

 

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1    Notwithstanding any provision of this Section to the
2contrary, if there is a vacancy for 3 months or more in the
3office of a member appointed by a mayor, then the Board may
4request that the county board of the county in which the
5municipality is located appoint a person to fill the vacancy
6for the remainder of the term or until a successor is appointed
7and qualified. Before requesting that the county board fill the
8vacancy, the Board must notify the mayor authorized to fill the
9vacancy by first class mail. The notice must be sent no later
10than 30 days after the vacancy occurs. Any Board member
11appointed under this paragraph must be a resident of the county
12making the appointment to fill the vacancy.
13    Every person appointed to the Board after the effective
14date of this amendatory Act of 1981 shall be a resident of the
15unit of local government which makes the appointment. Persons
16appointed by the Governor shall reside in the district.
17(Source: P.A. 96-1015, eff. 7-8-10.)
 
18    (70 ILCS 1820/17)  (from Ch. 19, par. 867)
19    Sec. 17. Members of the Board shall hold office until their
20respective successors have been appointed and qualified. Any
21member may resign from his office to take effect when his
22successor has been appointed and has qualified. The Governor,
23each Mayor, and each County Board, respectively, may remove any
24member of the Board they have appointed in case of
25incompetency, neglect of duty or malfeasance in office. They

 

 

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1shall give such member a copy of the charges against him and an
2opportunity to be publicly heard in person or by counsel in his
3own defense upon not less than 10 days' notice. In case of
4failure to qualify within the time required, or of abandonment
5of his office, or in case of death, conviction of a felony or
6removal from office, the office of such member shall become
7vacant. Each vacancy shall be filled for the unexpired term by
8appointment in like manner as in case of expiration of the term
9of a member of the Board.
10(Source: P.A. 79-1475.)
 
11    (70 ILCS 1820/19)  (from Ch. 19, par. 869)
12    Sec. 19. Regular meetings of the Board shall be held at
13least once in each calendar month, the time and place of such
14meetings to be fixed by the Board. Four Twelve members of the
15Board shall constitute a quorum for the transaction of
16business. All action of the Board shall be by ordinance or
17resolution and the affirmative vote of at least 4 12 members
18shall be necessary for the adoption of any ordinance or
19resolution. All such ordinances and resolutions before taking
20effect shall be approved by the chairman of the Board, and if
21he approves thereof he shall sign the same, and such as he does
22not approve he shall return to the Board with his objections
23thereto in writing at the next regular meeting of the Board
24occurring after the passage thereof. But in the case the
25chairman fails to return any ordinance or resolution with his

 

 

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1objections thereto by the time aforesaid, he shall be deemed to
2have approved the same and it shall take effect accordingly.
3Upon the return of any ordinance or resolution by the chairman
4with his objections, the vote by which the same was passed
5shall be reconsidered by the Board, and if upon such
6reconsideration said ordinance or resolution is passed by the
7affirmative vote of at least 5 16 members, it shall go into
8effect notwithstanding the veto of the chairman. All
9ordinances, resolutions and all proceedings of the District and
10all documents and records in its possession shall be public
11records, and open to public inspection, except such documents
12and records as are kept or prepared by the Board for use in
13negotiations, legal actions or proceedings to which the
14District is a party.
15(Source: P.A. 79-1475.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.