SB0329sam001 96TH GENERAL ASSEMBLY

Sen. Dan Kotowski

Filed: 3/23/2009

09600SB0329sam001 LRB096 06384 RLJ 23804 a

AMENDMENT TO SENATE BILL 329

AMENDMENT NO. ______. Amend Senate Bill 329 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois International Port District Act is amended by changing Section 4 and by adding Section 28 as follows:

(70 ILCS 1810/4) (from Ch. 19, par. 155)

Sec. 4. It shall be the duty of the Port District:

(a) To study the existing harbor plans within the area of the Port District and to recommend to the appropriate governmental agency, including the General Assembly of Illinois, such changes and modifications as may from time to time be required by the continuing development therein and to meet changing business and commercial needs.

(b) To make an investigation of conditions within the area of the Port District and to prepare and adopt a comprehensive plan for the development of the port facilities for the said Port District. In preparing and recommending changes and modifications in existing harbor plans, or a comprehensive plan for the development of said port facilities, as above provided, the District may if it deems desirable set aside and allocate an area, or areas, within the lands held by it, to be used and operated by the District or leased to private parties for industrial, manufacturing, commercial, recreational, or harbor purposes, where such area or areas are not, in the opinion of the District, required for its primary purposes in the development of harbor and port facilities for the use of public water and land transportation, or will not be immediately needed for such purposes, and where such use and operation or leasing will in the opinion of the District aid and promote the development of terminal and port facilities.

(c) To study and make recommendations to the proper authority for the improvement of terminal, lighterage, wharfage, warehousing, transfer and other facilities necessary for the promotion of commerce and the interchange of traffic within, to and from the Port District.

(d) To study, prepare and recommend by specific proposals to the General Assembly of Illinois changes in the jurisdiction of the Port District.

(e) To petition any federal, state, municipal or local authority, administrative, judicial and legislative, having jurisdiction in the premises, for the adoption and execution of any physical improvement, change in method, system of handling freight, warehousing, docking, lightering and transfer of freight, which in the opinion of the Port District may be designed to improve or better the handling of commerce in and through the Port District or improve terminal or transportation facilities therein.

(f) To foster, stimulate and promote the shipment of cargoes and commerce through such ports, whether originating within or without the State of Illinois.

(g) To acquire, construct, own, lease and develop terminals, wharf facilities, piers, docks, warehouses, bulk terminals, grain elevators, tug boats and other harbor crafts, and any other port facility or port-related facility or service as it finds necessary and convenient.

(h) To perform any other act or function which may tend to or be useful toward development and improvement of harbors, sea ports, and port-related facilities and services and to increase foreign and domestic commerce through the harbors and ports within the City of Chicago.

(i) After the effective date of this amendatory Act of the 96th General Assembly, the duties of the District shall be assumed by the City of Chicago.

(Source: P.A. 91-357, eff. 7-29-99.)

(70 ILCS 1810/28 new)

Sec. 28. Dissolution of Illinois International Port District; disposition of land and real estate.

(a) Notwithstanding any provision of law to the contrary, the Illinois International Port District is dissolved by operation of law one year after the effective date of this amendatory Act of the 96th General Assembly.

(b) On or before the day 2 months after the effective date of this amendatory Act of the 96th General Assembly, the Board of Directors shall forward to the City of Chicago all transition plans relating to the consolidation of all of the existing programs, personnel, and infrastructure of the District into the City of Chicago to be administered by the City. Beginning on the effective date of this amendatory Act of the 96th General Assembly, the District shall not make any enhancements to pensions.

(c) Upon dissolution of the District: (i) all assets and liabilities of the Illinois International Port District dissolved under this amendatory Act of the 96th General Assembly shall be transferred to the City of Chicago and the monetary assets shall be deposited into a special purpose fund for the development and improvement of harbors, sea ports, and port related facilities and services and to increase foreign and domestic commerce through the harbors and ports within the City of Chicago; (ii) the City of Chicago shall assume all duties and responsibilities enumerated in Section 4; and (iii) employees of the Illinois International Port District become employees of the City of Chicago.

(d) The City Council of the City of Chicago may transfer to the Chicago Park District or the Cook County Forest Preserve District appropriate unimproved or improved recreational real estate owned by the Illinois International Port District at the time of its dissolution. After the dissolution of the District, any land owned by the District at the time of its dissolution remains subject to any leases and encumbrances that existed upon the dissolution of the District and, if the land is subject to a lease, the land may not be taken by any unit of government during the term of the lease.

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