Bill Text: IL HB5236 | 2011-2012 | 97th General Assembly | Chaptered


Bill Title: 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.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Passed) 2012-08-17 - Public Act . . . . . . . . . 97-0996 [HB5236 Detail]

Download: Illinois-2011-HB5236-Chaptered.html



Public Act 097-0996
HB5236 EnrolledLRB097 19235 KMW 64477 b
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.
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