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.