093_HB1475enr

 
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 1        AN ACT concerning port districts.

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

 4        Section 1.  Short title. This Act may  be  cited  as  the
 5    Heart of Illinois Regional Port District Act.

 6        Section 5.  Definitions. In this Act:
 7        "Airport"  means any locality, either land or water, that
 8    is used or  designed  for  the  landing  and  taking  off  of
 9    aircraft  or  for  the  location  of runways, landing fields,
10    airdromes, hangars, buildings, structures, airport  roadways,
11    and other facilities.
12        "Board"  means  Heart  of Illinois Regional Port District
13    Board.
14        "District" means the  Heart  of  Illinois  Regional  Port
15    District created by this Act.
16        "Governmental  agency" means the United States, the State
17    of Illinois, any local governmental body, and any  agency  or
18    instrumentality, corporate or otherwise, thereof.
19        "Governor" means the Governor of the State of Illinois.
20        "Intermodal" means a type of international freight system
21    that  permits transshipping among sea, highway, rail, and air
22    modes of transportation  through  use  of  ANSI/International
23    Organization   for   Standardization  containers,  line  haul
24    assets, and handling equipment.
25        "Navigable waters" mean any public waters that are or can
26    be made usable for water commerce.
27        "Person" means any individual, firm, partnership,  trust,
28    corporation, both domestic and foreign, company, association,
29    or   joint   stock  association  and  includes  any  trustee,
30    receiver, assignee, or personal representative thereof.
31        "Port facilities" mean all public  and  other  buildings,
 
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 1    structures,   works,   improvements,  and  equipment,  except
 2    terminal facilities as defined  in  this  Section,  that  are
 3    upon, in, over, under, adjacent, or near to navigable waters,
 4    harbors,  slips,  and basins and that are necessary or useful
 5    for or incident to the furtherance of water and land commerce
 6    and the operation of small boats and  pleasure  craft.  "Port
 7    facilities"  includes  the  widening and deepening of basins,
 8    slips, harbors, and navigable waters. "Port facilities"  also
 9    mean   all   lands,   buildings,   structures,  improvements,
10    equipment, and appliances located on district  property  that
11    are   used  for  industrial,  manufacturing,  commercial,  or
12    recreational purposes.
13        "Terminal" means a public place, station, depot, or  area
14    for  receiving and delivering articles, commodities, baggage,
15    mail, freight, or express matter and for any  combination  of
16    those  purposes  in  connection  with  the transportation and
17    movement by water and land of persons and property.
18        "Terminal  facilities"   mean   all   lands,   buildings,
19    structures, improvements, equipment, and appliances useful in
20    the    operation    of   public   warehouse,   storage,   and
21    transportation facilities for water and land commerce and for
22    handling, docking, storing, and  servicing  small  boats  and
23    pleasure craft.

24        Section  10.  Heart  of  Illinois  Regional Port District
25    created. There  is  created  a  political  subdivision,  body
26    politic,  and  municipal corporation by the name of the Heart
27    of Illinois Regional Port District  embracing  all  the  area
28    within  the  corporate  limits  of  Peoria, Fulton, Tazewell,
29    Woodford, and Marshall Counties and embracing  the  corporate
30    limits  of Mason County except for Havana Township. Territory
31    may be annexed to the district in the manner provided in this
32    Act. The district may sue and be sued in its  corporate  name
33    but  execution  shall  not  in  any  case  issue  against any
 
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 1    property of the district. It may  adopt  a  common  seal  and
 2    change the same at its pleasure.

 3        Section   15.  Property   of   district;  exemption.  All
 4    property of every kind belonging to  the  Heart  of  Illinois
 5    Regional   Port  District  shall  be  exempt  from  taxation,
 6    provided that a tax may  be  levied  upon  a  lessee  of  the
 7    district  by  reason  of  the  value  of  a  leasehold estate
 8    separate and apart from the fee or upon any improvements that
 9    are constructed and owned by others than the district.
10        All property of  the  Heart  of  Illinois  Regional  Port
11    District  shall  be  construed as constituting public grounds
12    owned by a municipal corporation  and  used  exclusively  for
13    public  purposes  within  the  tax  exemption  provisions  of
14    Sections  15-10,  15-15, 15-20, 15-30, 15-75, 15-140, 15-155,
15    and 15-160 of the Property Tax Code.

16        Section 20.  Duties. The port district shall have all  of
17    the following duties:
18        (a)  To  study  the existing harbor plans within the area
19    of  the  district  and  to  recommend  to   the   appropriate
20    governmental   agency,  including  the  General  Assembly  of
21    Illinois, any changes and modifications that may from time to
22    time be  required  by  continuing  development  and  to  meet
23    changing business and commercial needs.
24        (b)  To  make  an  investigation of conditions within the
25    area of the district and to prepare and adopt a comprehensive
26    plan for the development of port  facilities  and  intermodal
27    facilities  for  the  district. In preparing and recommending
28    changes and modifications  in  existing  harbor  plans  or  a
29    comprehensive plan for the development of port facilities and
30    intermodal   facilities,   the  district  may,  if  it  deems
31    desirable, set aside and allocate an area or areas within the
32    lands held by it to be used and operated by the  district  or
 
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 1    leased  to  private  parties  for  industrial, manufacturing,
 2    commercial, recreational, or harbor purposes, where the  area
 3    or  areas  are  not, in the opinion of the district, required
 4    for its primary purposes in the  development  of  intermodal,
 5    harbor,  and  port facilities for the use of public water and
 6    land transportation, or will not be  immediately  needed  for
 7    those  purposes,  and  where the use and operation or leasing
 8    will in the opinion of  the  district  aid  and  promote  the
 9    development of intermodal, terminal, and port facilities.
10        (c)  To  study  and  make  recommendations  to the proper
11    authority  for  the  improvement  of  terminal,   lighterage,
12    wharfage,   warehousing,   transfer,   and  other  facilities
13    necessary for the promotion of commerce and  the  interchange
14    of traffic within, to, and from the district.
15        (d)  To   study,   prepare,  and  recommend  by  specific
16    proposals to the General Assembly changes in the jurisdiction
17    of the district.
18        (e)  To petition any federal, State, municipal, or  local
19    authority,  administrative, judicial, and legislative, having
20    jurisdiction in the district for the adoption  and  execution
21    of  any  physical  improvement,  change  in method, system of
22    handling  freight,  warehousing,  docking,  lightering,   and
23    transfer of freight that, in the opinion of the district, may
24    be  designed to improve or better the handling of commerce in
25    and   through   the   district   or   improve   terminal   or
26    transportation facilities within the district.
27        (f)  To foster, stimulate, and promote  the  shipment  of
28    cargoes  and  commerce  through  ports,  whether  originating
29    within or without the State of Illinois.
30        (g)  To  acquire,  construct,  own,  lease,  and  develop
31    terminals,  wharf  facilities, piers, docks, warehouses, bulk
32    terminals, grain  elevators,  tug  boats,  and  other  harbor
33    crafts,  and any other port facility or port-related facility
34    or service that it finds necessary and convenient.
 
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 1        (h)  To perform any other act or function that  may  tend
 2    to  or  be  useful  toward  development  and  improvement  of
 3    harbors,  sea ports, and port-related facilities and services
 4    and to increase foreign and  domestic  commerce  through  the
 5    harbors and ports within the port district.
 6        (i)  To   study   and   make  recommendations  for  river
 7    resources management and environmental education  within  the
 8    district,  including  but  not  limited  to,  wetlands banks,
 9    mitigation areas, water retention  and  sedimentation  areas,
10    fish  hatcheries,  or  wildlife sanctuaries, natural habitat,
11    and native plant research.

12        Section 25.  Changes in harbor  plans.  Any  changes  and
13    modifications  in  harbor  plans  within the area of the port
14    district from time to time recommended by the district or any
15    comprehensive plan for the development of the port facilities
16    adopted by the district, under the authority granted by  this
17    Act,   shall  be  submitted  to  the  Department  of  Natural
18    Resources for approval and approval by the  Department  shall
19    be  conclusive evidence, for all purposes, that these changes
20    and modifications conform to the provisions of this Act.

21        Section 30.  Rights and powers. The port  district  shall
22    have the following rights and powers:
23        (a)  To   issue  permits  for  the  construction  of  all
24    wharves,  piers,   dolphins,   booms,   weirs,   breakwaters,
25    bulkheads,  jetties, bridges, or other structures of any kind
26    over, under, in, or within 40 feet of  any  navigable  waters
27    within the district; for the deposit of rock, earth, sand, or
28    other  material; or for any matter of any kind or description
29    in those waters;
30        (b)  To prevent or  remove  obstructions,  including  the
31    removal of wrecks;
32        (c)  To  locate  and  establish  dock  lines and shore or
 
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 1    harbor lines;
 2        (d)  To acquire, own, construct,  sell,  lease,  operate,
 3    and  maintain  port  and  harbor,  water,  and  land terminal
 4    facilities and, subject to the provisions of Section  35,  to
 5    operate  or  contract  for the operation of those facilities,
 6    and   to   fix   and   collect    just,    reasonable,    and
 7    non-discriminatory  charges,  rentals, or fees for the use of
 8    those facilities. The charges, rentals, or fees so  collected
 9    shall  be made available to defray the reasonable expenses of
10    the district and to pay the principal of and interest on  any
11    revenue bonds issued by the district;
12        (e)  To  enter  into  any  agreement or contract with any
13    airport for the use  of  airport  facilities  to  the  extent
14    necessary to carry out any of the purposes of the district;
15        (f)  To  the  extent  authorized by the Intergovernmental
16    Cooperation Act, to enter into any agreements with any  other
17    public agency of this State, including other port districts;
18        (g)  To  the extent authorized by any interstate compact,
19    to enter into agreements with any  other  state  or  unit  of
20    local government of any other state; and
21        (h)  To  enter  into contracts dealing in any manner with
22    the objects and purposes of this Act.

23        Section 35.  Contracts for the  operation  of  warehouses
24    and  storage facilities. Any public warehouse or other public
25    storage  facility  owned  or  otherwise  controlled  by   the
26    district  shall  be  operated by persons under contracts with
27    the district. Any contract shall reserve  reasonable  rentals
28    or  other  charges  payable to the district sufficient to pay
29    the cost of maintaining, repairing, regulating, and operating
30    the facilities and to pay the principal of  and  interest  on
31    any  revenue bonds issued by the district and may contain any
32    other conditions that may be mutually agreed  upon.  However,
33    upon  the  breach  of  a  contract  or  if  no contract is in
 
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 1    existence as to any facility, the district shall  temporarily
 2    operate  the  facility until a contract for its operation can
 3    be negotiated.

 4        Section  40.  Procedure  for  leases  or  contracts   for
 5    operation of warehouses and storage facilities. All leases or
 6    other  contracts  for  operation  of  any public warehouse or
 7    public grain elevator to which  this  Section  is  applicable
 8    owned  or  otherwise  controlled  by  the  district  shall be
 9    governed by the following procedures. Notice shall  be  given
10    by  the district that bids will be received for the operation
11    of the public warehouse or public grain elevator. This notice
12    shall state the time within which and the  place  where  bids
13    may  be submitted, the time and place of opening of bids, and
14    shall be published not more than 30 days  nor  less  than  15
15    days  in  advance of the first day for the submission of bids
16    in any one or more newspapers designated by the district that
17    have a general circulation within the  district.  The  notice
18    shall  specify  sufficient  data of the proposed operation to
19    enable bidders to understand  the  scope  of  the  operation;
20    provided,  however,  that  contracts that by their nature are
21    not  adapted  to  award  by  competitive  bidding,  such   as
22    contracts  for  the services of individuals possessing a high
23    degree of personal  skill,  contracts  for  the  purchase  or
24    binding of magazines, books, periodicals, pamphlets, reports,
25    and similar articles, and contracts for utility services such
26    as  water, light, heat, telephone, or telegraph, shall not be
27    subject to  the  competitive  bidding  requirements  of  this
28    Section,  but may not be awarded without the affirmative vote
29    of 3/5ths of the Board.
30        The  Board  may,  by  ordinance,  promulgate   reasonable
31    regulations  prescribing the qualifications of the bidders as
32    to experience, adequacy of  equipment,  ability  to  complete
33    performance  within  the  time  set,  and  other  factors  in
 
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 1    addition  to financial responsibility, and may, by ordinance,
 2    provide for suitable performance guaranties to qualify a bid.
 3    Copies of all regulations shall  be  made  available  to  all
 4    bidders.
 5        The  district may determine in advance the minimum rental
 6    that should be produced by the  public  warehouse  or  public
 7    grain  elevator offered and, if no qualified bid will produce
 8    the minimum rental, all bids may be rejected and the district
 9    shall then readvertise for bids. If after the readvertisement
10    no responsible and satisfactory bid within the terms  of  the
11    advertisement  is received, the district may then negotiate a
12    lease for not less than  the  amount  of  minimum  rental  so
13    determined.  If, after negotiating for a lease as provided in
14    this Section, it is found necessary  to  revise  the  minimum
15    rental  to  be  produced by the facilities offered for lease,
16    then the  district  shall  again  readvertise  for  bids,  as
17    provided in this Section, before negotiating a lease.
18        If  the  district  shall  temporarily  operate any public
19    warehouse or public grain elevator as provided in Section 35,
20    the temporary operation shall not continue for more than  one
21    year  without  advertising  for bids for the operation of the
22    facility as provided in this Section.

23        Section 45.  Obligations for expenses not to be  incurred
24    until appropriations made. Unless and until the revenues from
25    operations conducted by the district are adequate to meet all
26    expenditures  or  unless and until otherwise determined by an
27    act of the General Assembly, the district shall not incur any
28    obligations for salaries, office, or administrative  expenses
29    before the making of appropriations to meet those expenses.

30        Section 50.  Acquisition of property.
31        (a)  The  district shall have power to acquire and accept
32    by purchase, lease, gift, grant, or  otherwise  any  and  all
 
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 1    real  property,  whether  a  fee  simple absolute or a lesser
 2    estate, and personal property either within  or  without  its
 3    corporate  limits  or  any  right  that may be useful for its
 4    purposes and to  provide  for  the  development  of  adequate
 5    channels,   ports,   harbors,   terminals,  port  facilities,
 6    intermodal facilities, and terminal  facilities  adequate  to
 7    serve the needs of commerce within the district. The district
 8    shall  have  the right to grant easements and permits for the
 9    use of any real property, rights of way, or privileges  that,
10    in  the opinion of the Board, will not interfere with the use
11    of the district's property by the district  for  its  primary
12    purposes  and  the  easements  and  permits  may  contain any
13    conditions and retain any interest therein that may be deemed
14    for the best interest of the district by the Board.
15        (b)  Any  property  or  facility  shall  be   leased   or
16    operated,  if at all, only by 2 or more unrelated contracting
17    parties in parcels that are as nearly equal in  all  respects
18    as  practicable unless the Board determines that it is in the
19    best interest of  the  district  to  lease  the  property  or
20    facility to a single contracting party.
21        The  district,  subject  to  the  public bid requirements
22    prescribed in Section 40 with respect to public warehouses or
23    public grain elevators, may lease to others for any period of
24    time not to exceed 99 years upon any terms that the Board may
25    determine any  of  its  real  property,  rights  of  way,  or
26    privileges,  any  interest  therein,  or any part thereof for
27    industrial,  manufacturing,  commercial,   recreational,   or
28    harbor  purposes,  that  is  in  the  opinion of the Board no
29    longer required for its primary purposes in  the  development
30    of port, intermodal, and harbor facilities or that may not be
31    immediately  needed for those purposes. Where the leases will
32    in the opinion of the Board aid and promote  those  purposes,
33    and  in conjunction with those leases, the district may grant
34    rights of way and  privileges  across  the  property  of  the
 
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 1    district,   which   rights  of  way  and  privileges  may  be
 2    assignable and irrevocable during the term of any  lease  and
 3    may  include  the  right  to  enter  upon the property of the
 4    district to do any things  that  may  be  necessary  for  the
 5    enjoyment  of  the  leases, rights of way, and privileges and
 6    the leases may contain any conditions and retain any interest
 7    that may be deemed for the best interest of the  district  by
 8    the Board.
 9        With  respect to any and all leases, easements, rights of
10    way, privileges, and permits made or granted  by  the  Board,
11    the  Board  may  agree upon and collect the rentals, charges,
12    and fees that may be deemed for  the  best  interest  of  the
13    district  by  the Board. The rentals, charges, and fees shall
14    be used to defray the reasonable expenses of the district and
15    to pay the principal of and interest  on  any  revenue  bonds
16    issued by the district.
17        (c)  The  district may dedicate to the public for highway
18    purposes any of its real property and those  dedications  may
19    be  subject  to  any  conditions  and  the  retention  of any
20    interest that may be deemed for  the  best  interest  of  the
21    district by the Board.
22        (d)  The district may sell, convey, or operate any of its
23    buildings,  structures,  or  other  improvements located upon
24    district property that may be deemed in the best interest  of
25    the district by the Board.

26        Section   55.  Grants,  loans,  and  appropriations.  The
27    district has power to apply for and accept grants, loans,  or
28    appropriations  from  the federal government or any agency or
29    instrumentality thereof or  the  State  of  Illinois  or  any
30    agency  or  instrumentality thereof to be used for any of the
31    purposes of the district and to enter into any agreement with
32    the federal government, the State of Illinois, or any  agency
33    or  instrumentality thereof in relation to the grants, loans,
 
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 1    or appropriations.

 2        Section  60.  Foreign  trade  zones  and  sub-zones.  The
 3    district has power to apply to the proper authorities of  the
 4    United  States  of  America under the appropriate law for the
 5    right to establish,  operate,  maintain,  and  lease  foreign
 6    trade  zones  and  sub-zones  within  the jurisdiction of the
 7    United States Customs  Service  and  to  establish,  operate,
 8    maintain, and lease the foreign trade zones and sub-zones.

 9        Section  65.  Insurance contracts. The district has power
10    to procure and enter into contracts for any type of insurance
11    and indemnity against loss or damage  to  property  from  any
12    cause,  including loss of use and occupancy, against death or
13    injury of any person, against employers'  liability,  against
14    any  act  of any member, officer, or employee of the Board or
15    of the district in the performance of the duties  of  his  or
16    her office or employment or any other insurable risk.

17        Section 70.  Borrowing money; revenue bonds.
18        (a)  The  district  has  the  continuing  power to borrow
19    money   for   the   purpose   of   acquiring,   constructing,
20    reconstructing, extending, operating, or improving terminals,
21    terminal  facilities,   intermodal   facilities,   and   port
22    facilities;  for  acquiring any property and equipment useful
23    for the construction, reconstruction, extension, improvement,
24    or  operation  of   its   terminals,   terminal   facilities,
25    intermodal facilities, and port facilities; and for acquiring
26    necessary  cash  working funds. For the purpose of evidencing
27    the obligation of the district to repay any  money  borrowed,
28    the  district  may,  by  ordinances adopted by the Board from
29    time to time, issue  and  dispose  of  its  interest  bearing
30    revenue  bonds, notes, or certificates and may also from time
31    to time issue and dispose of  its  interest  bearing  revenue
 
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 1    bonds,  notes, or certificates to refund any bonds, notes, or
 2    certificates at maturity or by redemption  provisions  or  at
 3    any  time  before  maturity  with  the consent of the holders
 4    thereof.
 5        (b)  All bonds, notes, and certificates shall be  payable
 6    solely  from  the  revenues  or income to be derived from the
 7    terminals, terminal facilities,  intermodal  facilities,  and
 8    port  facilities  or  any  part thereof; may bear any date or
 9    dates; may mature at any time or times not exceeding 40 years
10    from their respective dates; may bear interest at any rate or
11    rates payable semiannually; may be in any form; may carry any
12    registration privileges; may be executed in any  manner;  may
13    be  payable  at  any  place or places; may be made subject to
14    redemption in any manner and upon any terms, with or  without
15    premium   that   is  stated  on  the  face  thereof;  may  be
16    authenticated in any manner; and may contain  any  terms  and
17    covenants  as may be provided in the ordinance. The holder or
18    holders  of  any  bonds,  notes,  certificates,  or  interest
19    coupons appertaining to the bonds,  notes,  and  certificates
20    issued  by the district may bring civil actions to compel the
21    performance and observance by the  district  or  any  of  its
22    officers,  agents,  or  employees of any contract or covenant
23    made by the district with the holders of those bonds,  notes,
24    certificates,  or interest coupons and to compel the district
25    and any of its officers, agents, or employees to perform  any
26    duties  required  to  be  performed  for  the  benefit of the
27    holders  of  any  bonds,  notes,  certificates,  or  interest
28    coupons by the provision in the ordinance  authorizing  their
29    issuance, and to enjoin the district and any of its officers,
30    agents,  or employees from taking any action in conflict with
31    any such contract or covenant, including the establishment of
32    charges, fees,  and  rates  for  the  use  of  facilities  as
33    provided  in  this Act. Notwithstanding the form and tenor of
34    any bonds, notes, or certificates and in the absence  of  any
 
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 1    express recital on the face thereof that it is nonnegotiable,
 2    all  bonds,  notes,  and  certificates  shall  be  negotiable
 3    instruments.  Pending  the  preparation  and execution of any
 4    bonds, notes, or certificates,  temporary  bonds,  notes,  or
 5    certificates  may  be issued with or without interest coupons
 6    as may be provided by ordinance.
 7        (c)  The bonds, notes, or certificates shall be  sold  by
 8    the  corporate authorities of the district in any manner that
 9    the corporate authorities shall  determine,  except  that  if
10    issued  to bear interest at the minimum rate permitted by the
11    Bond Authorization Act, the bonds shall be sold for not  less
12    than  par  and  accrued  interest and except that the selling
13    price of bonds bearing interest  at  a  rate  less  than  the
14    maximum  rate  permitted  in  that Act shall be such that the
15    interest cost to the district of the money received from  the
16    bond  sale  shall  not  exceed  such  maximum  rate  annually
17    computed  to  absolute maturity of said bonds or certificates
18    according to standard tables of bond values.
19        (d)  From and after the issue of  any  bonds,  notes,  or
20    certificates  as  provided  in  this Section, it shall be the
21    duty of the corporate authorities of the district to fix  and
22    establish  rates, charges, and fees for the use of facilities
23    acquired, constructed, reconstructed, extended,  or  improved
24    with  the proceeds derived from the sale of the bonds, notes,
25    or certificates sufficient at all times with  other  revenues
26    of  the district, if any, to pay (i) the cost of maintaining,
27    repairing, regulating, and operating the facilities and  (ii)
28    the  bonds,  notes,  or  certificates and interest thereon as
29    they shall become due, all sinking fund requirements, and all
30    other requirements provided by the ordinance authorizing  the
31    issuance  of the bonds, notes, or certificates or as provided
32    by any trust agreement executed to secure payment thereof. To
33    secure the  payment  of  any  or  all  of  bonds,  notes,  or
34    certificates  and  for  the  purpose  of  setting  forth  the
 
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 1    covenants  and undertaking of the district in connection with
 2    the issuance of those bonds, notes, or certificates  and  the
 3    issuance  of  any  additional  bonds,  notes, or certificates
 4    payable from revenue income to be derived from the terminals,
 5    terminal  facilities,   intermodal   facilities,   and   port
 6    facilities  the  district  may  execute  and  deliver a trust
 7    agreement or agreements. A lien upon any physical property of
 8    the district may be created by the trust agreement. A  remedy
 9    for any breach or default of the terms of any trust agreement
10    by the district may be by mandamus proceedings in the circuit
11    court   to   compel   performance  and  compliance  with  the
12    agreement, but the trust agreement may prescribe by  whom  or
13    on whose behalf the action may be instituted.

14        Section  75.  Bonds  not  obligations  of  the  State  or
15    district.  Under  no circumstances shall any bonds, notes, or
16    certificates issued by the district or any  other  obligation
17    of the district be or become an indebtedness or obligation of
18    the  State  of Illinois or of any other political subdivision
19    of or municipality within the  State,  nor  shall  any  bond,
20    note, certificate, or obligation be or become an indebtedness
21    of  the  district  within  the  purview of any constitutional
22    limitation or provision. It shall be plainly  stated  on  the
23    face  of  each  bond,  note, and certificate that it does not
24    constitute an  indebtedness  or  obligation  but  is  payable
25    solely from the revenues or income of the district.

26        Section  80.  Revenue  bonds  as  legal  investments. The
27    State and all counties, cities, villages, incorporated  towns
28    and  other  municipal  corporations,  political subdivisions,
29    public bodies, and public officers of any thereof; all banks,
30    bankers, trust companies,  savings  banks  and  institutions,
31    building    and   loan   associations,   savings   and   loan
32    associations,  investment  companies,   and   other   persons
 
HB1475 Enrolled             -15-     LRB093 09906 BDD 10156 b
 1    carrying  on  a  banking  business;  all insurance companies,
 2    insurance associations, and  other  persons  carrying  on  an
 3    insurance   business;   and  all  executors,  administrators,
 4    guardians, trustees, and their fiduciaries may legally invest
 5    any sinking funds, moneys, or other funds belonging  to  them
 6    or  within their control in any bonds, notes, or certificates
 7    issued under this Act. It is the purpose of this  Section  to
 8    authorize  the investment in bonds, notes, or certificates of
 9    all sinking, insurance,  retirement,  compensation,  pension,
10    and  trust  funds,  whether owned or controlled by private or
11    public persons or officers; provided, however,  that  nothing
12    contained  in  this Section may be construed as relieving any
13    person  from  any  duty  of  exercising  reasonable  care  in
14    selecting securities for purchase or investment.

15        Section 90.  Permits. It shall be unlawful  to  make  any
16    fill  or  deposit of rock, earth, sand, or other material, or
17    any refuse matter of any kind or  description,  or  build  or
18    commence  the  building  of  any  wharf, pier, dolphin, boom,
19    weir, breakwater, bulkhead, jetty, bridge, or other structure
20    over, under, in, or within 40 feet of  any  navigable  waters
21    within  the  district  without  first  submitting  the plans,
22    profiles, and specifications for it, and any other  data  and
23    information  that  may  be  required,  to  the  district  and
24    receiving a permit. Any person, corporation, company, city or
25    municipality,  or  other  agency  that does any of the things
26    prohibited in this  Section  without  securing  a  permit  is
27    guilty  of  a  Class  A  misdemeanor. Any structure, fill, or
28    deposit erected or made in any of the public bodies of  water
29    within  the  district  in violation of the provisions of this
30    Section is declared to be a purpresture and may be abated  as
31    such  at  the  expense  of  the person, corporation, company,
32    city, municipality, or other agency responsible for it. If in
33    the discretion  of  the  district  it  is  decided  that  the
 
HB1475 Enrolled             -16-     LRB093 09906 BDD 10156 b
 1    structure,  fill, or deposit may remain, the district may fix
 2    any rule, regulation, requirement, restrictions,  or  rentals
 3    or require and compel any changes, modifications, and repairs
 4    that  shall  be  necessary  to  protect  the  interest of the
 5    district.

 6        Section 100.  Heart of Illinois  Regional  Port  District
 7    Board; compensation. The governing and administrative body of
 8    the  district shall be a board consisting of 9 members, to be
 9    known as the Heart of Illinois Regional Port District  Board.
10    Members  of  the  Board  shall be residents of a county whose
11    territory, in whole or in part, is embraced by  the  district
12    and  persons  of  recognized business ability. The members of
13    the Board shall not receive compensation for their  services.
14    Each  member shall be reimbursed for actual expenses incurred
15    in the performance of his or her duties. Any  person  who  is
16    appointed  to  the  office  of  secretary or treasurer of the
17    Board may receive compensation for services as an officer, as
18    determined by the Board. No member of the Board  or  employee
19    of  the  district  shall have any private financial interest,
20    profit, or benefit in any contract, work, or business of  the
21    district  or  in the sale or lease of any property to or from
22    the district.

23        Section  105.  Board;  appointments;  terms  of   office;
24    certification  and oath. The Governor, by and with the advice
25    and consent of the Senate, shall appoint  3  members  of  the
26    Board.  Of  the 3 members appointed by the Governor, at least
27    one must be a member of a labor organization, as  defined  in
28    Section  3 of the Workplace Literacy Act. If the Senate is in
29    recess when the appointment is made, the Governor shall  make
30    a temporary appointment until the next meeting of the Senate.
31    The  county  board  chairmen  of  Tazewell, Woodford, Peoria,
32    Marshall, Mason, and Fulton Counties shall each  appoint  one
 
HB1475 Enrolled             -17-     LRB093 09906 BDD 10156 b
 1    member  of  the  Board  with  the advice and consent of their
 2    respective county boards. Of the members initially appointed,
 3    the 3 appointed  by  the  Governor  shall  be  appointed  for
 4    initial  terms  expiring June 1, 2009, and the 6 appointed by
 5    their county board chairmen shall be  appointed  for  initial
 6    terms expiring June 1, 2010. All vacancies shall be filled in
 7    a  like manner and with like regard to the place of residence
 8    of the appointee. After the expiration of  initial  terms,  a
 9    successor shall hold office for the term of 6 years beginning
10    the first day of June of the year in which the term of office
11    commences.  The  Governor  and  the  respective  county board
12    chairmen shall certify their appointments to the Secretary of
13    State. Within 30 days after certification of appointment, and
14    before entering upon the duties of his office, each member of
15    the Board shall take and subscribe the constitutional oath of
16    office and file it in the office of the Secretary of State.

17        Section 110.  Resignation and removal of  Board  members;
18    vacancies. Members of the Board shall hold office until their
19    respective  successors have been appointed and qualified. Any
20    member may resign from his or her office, to take effect when
21    his or her successor has been appointed  and  has  qualified.
22    The  Governor  and the county boards may remove any member of
23    the Board appointed by them in case of incompetency,  neglect
24    of duty, or malfeasance in office. They shall give the member
25    a  copy  of the charges against him or her and an opportunity
26    to be publicly heard in person or by counsel in  his  or  her
27    own  defense  upon  not less than 10 days' notice. In case of
28    failure to qualify within the time required,  of  abandonment
29    of  office,  or  of  death, conviction of a crime, or removal
30    from office, the office shall  become  vacant.  Each  vacancy
31    shall be filled for the unexpired term by appointment in like
32    manner,  and with like regard as to the place of residence of
33    the appointee, as in case of expiration  of  the  term  of  a
 
HB1475 Enrolled             -18-     LRB093 09906 BDD 10156 b
 1    member of the Board.

 2        Section  115.  Organization  of  the  Board.  As  soon as
 3    possible after the appointment of the  initial  members,  the
 4    Board  shall organize for the transaction of business, select
 5    a chairperson and a temporary secretary from its own  number,
 6    and  adopt by-laws and regulations to govern its proceedings.
 7    The initial chairperson and successors shall  be  elected  by
 8    the Board from time to time for the term of his or her office
 9    as  a  member  of  the  Board  or  for  the  term of 3 years,
10    whichever is shorter.

11        Section  120.  Meetings;  ordinances   and   resolutions;
12    public  records.  Regular meetings of the Board shall be held
13    at least once in each calendar month, the time and  place  of
14    the  meeting  to  be  fixed by the Board. Five members of the
15    Board shall  constitute  a  quorum  for  the  transaction  of
16    business.  All  action  of the Board shall be by ordinance or
17    resolution and the affirmative vote of  at  least  5  members
18    shall  be  necessary  for  the  adoption  of any ordinance or
19    resolution. All  ordinances  and  resolutions  before  taking
20    effect  shall be approved by the chairperson of the Board. If
21    the chairperson shall approve the ordinance or resolution, he
22    or she shall sign it. Those  ordinances  or  resolutions  the
23    chairperson shall not approve the chairperson shall return to
24    the  Board  with his or her objections in writing at the next
25    regular meeting of the Board occurring after the  passage  of
26    the  ordinances or resolutions. If the chairperson shall fail
27    to return  any  ordinance  or  resolution  with  his  or  her
28    objections  by  the  time required in this Section, he or she
29    shall be deemed to have approved it and it shall take  effect
30    accordingly.  Upon  the return of any ordinance or resolution
31    by the chairperson with his or her objections,  the  vote  by
32    which  the  ordinance  or  resolution  was  passed  shall  be
 
HB1475 Enrolled             -19-     LRB093 09906 BDD 10156 b
 1    reconsidered  by  the  Board.  If  upon  reconsideration  the
 2    ordinance  or resolution is passed by the affirmative vote of
 3    at least 6 members, it shall go into  effect  notwithstanding
 4    the veto of the chairperson. All ordinances, resolutions, all
 5    proceedings of the district, and all documents and records in
 6    its  possession  shall  be public records, and open to public
 7    inspection, except any documents and records  that  shall  be
 8    kept  or  prepared  by  the  Board  for  use in negotiations,
 9    actions, or proceedings to which the district is a party.

10        Section 125.  Secretary and treasurer; oath and bond. The
11    Board shall appoint a secretary and a treasurer who need  not
12    be members of the Board to hold office during the pleasure of
13    the Board. The Board shall fix their duties and compensation.
14    Before  entering upon the duties of their respective offices,
15    they shall take and  subscribe  the  constitutional  oath  of
16    office  and the treasurer shall execute a bond with corporate
17    sureties to be approved by  the  Board.  The  bond  shall  be
18    payable to the district in whatever penal sum may be directed
19    by the Board conditioned upon the faithful performance of the
20    duties to the office and the payment of all money received by
21    him  or her according to law and the orders of the Board. The
22    Board may, at any time, require a new bond from the treasurer
23    in any penal sum that may be determined  by  the  Board.  The
24    obligation  of  the  sureties  shall  not  extend to any loss
25    sustained by the  insolvency,  failure,  or  closing  of  any
26    savings  and  loan  association  or  national  or  State bank
27    wherein the treasurer has deposited  funds  if  the  bank  or
28    savings  and  loan association has been approved by the Board
29    as a depositary for those funds. The oaths of office and  the
30    treasurer's  bond  shall  be filed in the principal office of
31    the district.

32        Section 130.  Deposits; checks or drafts.
 
HB1475 Enrolled             -20-     LRB093 09906 BDD 10156 b
 1        (a)  All funds deposited by the treasurer in any bank  or
 2    savings  and  loan association shall be placed in the name of
 3    the district and shall be withdrawn or paid out only by check
 4    or draft upon the  bank  or  savings  and  loan  association,
 5    signed  by the treasurer and countersigned by the chairperson
 6    of the Board. The Board may designate any of its  members  or
 7    any  officer  or  employee  of  the  district  to  affix  the
 8    signature  of  the  chairperson  and  another  to  affix  the
 9    signature  of the treasurer to any check or draft for payment
10    of salaries or wages and for payment of any other  obligation
11    of not more than $10,000.
12        No  bank  or  savings  and loan association shall receive
13    public funds as permitted  by  this  Section  unless  it  has
14    complied with the requirements established under Section 6 of
15    the Public Funds Investment Act.
16        (b)  In case any officer whose signature appears upon any
17    check  or  draft  issued under this Act ceases to hold his or
18    her office before the delivery of the check or draft  to  the
19    payee,  his  or her signature nevertheless shall be valid and
20    sufficient for all purposes with the same effect as if he  or
21    she  had  remained  in  office until delivery of the check or
22    draft.

23        Section 135.  Prompt payment. Purchases made  under  this
24    Act  shall  be  made  in compliance with the Local Government
25    Prompt Payment Act.

26        Section   140.  Executive   director,    officers,    and
27    employees.  The  Board may appoint an executive director, who
28    shall  be  a  person  of  recognized  ability  and   business
29    experience,  to hold office during the pleasure of the Board.
30    The  executive  director  shall  have   management   of   the
31    properties,  business,  and  the  employees  of  the district
32    subject to the general control of the Board; shall direct the
 
HB1475 Enrolled             -21-     LRB093 09906 BDD 10156 b
 1    enforcement  of  all  ordinances,  resolutions,  rules,   and
 2    regulations  of the Board; and shall perform any other duties
 3    that may be prescribed from time to time by  the  Board.  The
 4    Board may appoint a general attorney and a chief engineer and
 5    shall  provide  for  the  appointment  of any other officers,
 6    attorneys, engineers, consultants, agents, and employees that
 7    may be necessary. The Board shall  define  their  duties  and
 8    require bonds of those that it may designate.
 9        The executive director, general attorney, chief engineer,
10    and  all other officers provided for under this Section shall
11    be exempt from taking and subscribing any oath of office  and
12    shall  not  be  members of the Board. The compensation of the
13    executive director, general attorney, chief engineer, and all
14    other officers, attorneys, consultants, agents, and employees
15    shall be fixed by the Board, subject  to  the  provisions  of
16    Section 125 of this Act.

17        Section  145.  Fines  and penalties. The Board shall have
18    power to pass all  ordinances  and  to  make  all  rules  and
19    regulations  proper  or  necessary  to  carry into effect the
20    powers granted to the district, with any fines  or  penalties
21    that  may  be deemed proper. All fines and penalties shall be
22    imposed by ordinances that shall be published in a  newspaper
23    of  general circulation published in the area embraced by the
24    district. No ordinance shall take effect until 10 days  after
25    its publication.

26        Section  150.  Report  and  financial  statement. As soon
27    after the end of each fiscal year as may  be  expedient,  the
28    Board  shall prepare and print a complete and detailed report
29    and financial statement of its operations and of  its  assets
30    and  liabilities. A reasonably sufficient number of copies of
31    the report shall  be  printed  for  distribution  to  persons
32    interested,  upon  request, and a copy of the report shall be
 
HB1475 Enrolled             -22-     LRB093 09906 BDD 10156 b
 1    filed with the Governor and the county clerk of  each  county
 2    that is within the area of the district. A copy of the report
 3    shall  be  addressed  to  and  mailed  to  the mayor and city
 4    council  or  president  and  board  of   trustees   of   each
 5    municipality within the area of the district.

 6        Section  155.  Investigations by the Board. The Board may
 7    investigate conditions in which it has an interest within the
 8    area of the district;  the  enforcement  of  its  ordinances,
 9    rules,   and   regulations;  and  the  action,  conduct,  and
10    efficiency of all officers,  agents,  and  employees  of  the
11    district. In the conduct of investigations the Board may hold
12    public  hearings  on  its  own  motion  and  shall  do  so on
13    complaint of  any  municipality  within  the  district.  Each
14    member  of the Board shall have power to administer oaths and
15    the secretary, by order of the Board, shall  issue  subpoenas
16    to  secure  the attendance and testimony of witnesses and the
17    production of books and papers relevant to investigations and
18    to any hearing before the Board or any member of the Board.
19        Any circuit court of this State, upon application of  the
20    Board  or  any  member  of  the  Board, may in its discretion
21    compel the attendance of witnesses, the production  of  books
22    and  papers, and giving of testimony before the Board, before
23    any member of the Board, or before  any  officers'  committee
24    appointed   by  the  Board  by  attachment  for  contempt  or
25    otherwise in the same manner as the  production  of  evidence
26    may be compelled before the court.

27        Section 160.  Annexation. Territory that is contiguous to
28    the  district  and that is not included within any other port
29    district may be annexed to and become a part of the  district
30    in  the  manner  provided in Section 165 or 170, whichever is
31    applicable.
 
HB1475 Enrolled             -23-     LRB093 09906 BDD 10156 b
 1        Section 165.  Petition for annexation. At least 5% of the
 2    legal voters resident  within  the  limits  of  the  proposed
 3    addition to the district shall petition the circuit court for
 4    a  county  in which a major part of the district is situated,
 5    to cause the question  of  whether  the  proposed  additional
 6    territory shall become a part of the district to be submitted
 7    to the legal voters of the proposed additional territory. The
 8    petition  shall be addressed to the court and shall contain a
 9    definite description of the boundaries of the territory to be
10    embraced in the proposed addition.
11        Upon the filing of any petition with  the  clerk  of  the
12    court,  the  court  shall  fix a time and place for a hearing
13    upon the subject of the petition.
14        Notice shall be given by the court to whom  the  petition
15    is addressed or by the circuit clerk or sheriff of the county
16    in  which  the petition is made at the order and direction of
17    the court of the time and  place  of  the  hearing  upon  the
18    subject  of  the petition at least 20 days before the hearing
19    by at least one publication of the notice  in  any  newspaper
20    having  general  circulation  within  the area proposed to be
21    annexed, and by mailing a copy of the notice to the mayor  or
22    president  of  the board of trustees of all cities, villages,
23    and incorporated towns within the district.
24        At the hearing, the district,  all  persons  residing  or
25    owning property within the district, and all persons residing
26    in  or  owning  property  situated in the area proposed to be
27    annexed to the district may appear and be heard touching upon
28    the sufficiency of the petition. If the court finds that  the
29    petition  does  not  comply with the requirements of the law,
30    the court shall dismiss the petition. If the court finds that
31    the petition is  sufficient,  the  court  shall  certify  the
32    petition and the proposition to the proper election officials
33    who shall submit the proposition to the voters at an election
34    under   the   general   election  law.  In  addition  to  the
 
HB1475 Enrolled             -24-     LRB093 09906 BDD 10156 b
 1    requirements of the general election law, the notice  of  the
 2    referendum  shall  include a description of the area proposed
 3    to be annexed to the district.
 4        The proposition shall be in substantially  the  following
 5    form:
 6             Shall  (description  of the territory proposed to be
 7        annexed)  join  the  Heart  of  Illinois  Regional   Port
 8        District?
 9    The votes shall be recorded as "Yes" or "No".
10        The  court  shall  cause a statement of the result of the
11    referendum to be filed in the records of the court.
12        If a majority of the votes  cast  upon  the  question  of
13    annexation to the district are in favor of becoming a part of
14    the  district,  the  court  shall then enter an order stating
15    that  the  additional  territory  shall  thenceforth  be   an
16    integral part of the Heart of Illinois Regional Port District
17    and   subject   to   all  of  the  benefits  of  service  and
18    responsibilities of the district.  The  circuit  clerk  shall
19    transmit  a  certified copy of the order to the circuit clerk
20    of any other county in which any of the territory affected is
21    situated.

22        Section 170.  Annexation of  territory  having  no  legal
23    voters. If there is territory contiguous to the district that
24    has  no  legal voters residing within it, a petition to annex
25    the territory signed by all  the  owners  of  record  of  the
26    territory  may be filed with the circuit court for the county
27    in which a major part of the district is situated. A time and
28    place for a hearing on the subject of the petition  shall  be
29    fixed  and notice of the hearing shall be given in the manner
30    provided in Section 165. At the hearing any owner of land  in
31    the  territory  proposed to be annexed, the district, and any
32    resident of the district may appear and be heard touching  on
33    the  sufficiency of the petition. If the court finds that the
 
HB1475 Enrolled             -25-     LRB093 09906 BDD 10156 b
 1    petition satisfies the requirements of this Section, it shall
 2    enter an order stating that thenceforth the  territory  shall
 3    be  an  integral  part of the Heart of Illinois Regional Port
 4    District and subject to all of the benefits  of  service  and
 5    responsibilities  of  the  district.  The circuit clerk shall
 6    transmit a certified copy of the order of the  court  to  the
 7    circuit  clerk  of  any  other  county  in  which the annexed
 8    territory is situated.

 9        Section 172.  Disconnection. The registered voters  of  a
10    county  included in the district may petition the State Board
11    of Elections requesting the submission  of  the  question  of
12    whether  the  county should be disconnected from the district
13    to  the  electors  of  the  county.  The  petition  shall  be
14    circulated in the manner required  by  Section  28-3  of  the
15    Election  Code and objections thereto and the manner of their
16    disposition shall be in accordance with Section 28-4  of  the
17    Election Code. If a petition is filed with the State Board of
18    Elections,  signed  by  not  less  than  5% of the registered
19    voters of the county or that portion of the  county  that  is
20    within   the   district,  requesting  that  the  question  of
21    disconnection be submitted to the electors of the county, the
22    State Board of Elections must certify  the  question  to  the
23    proper  election authority, which must submit the question at
24    a regular election held at least 78 days after  the  petition
25    is filed in accordance with the Election Code.
26        The  question  must  be  submitted  in  substantially the
27    following form:
28             Shall (name of  county)  be  disconnected  from  the
29        Heart of Illinois   Regional Port District?
30    The votes must be recorded as "Yes" or "No". If a majority of
31    the  electors voting on the question vote in the affirmative,
32    the county or portion  of  the  county  that  is  within  the
33    district shall be disconnected from the district.
 
HB1475 Enrolled             -26-     LRB093 09906 BDD 10156 b
 1        Section   175.  Administrative   Review  Law.  All  final
 2    administrative decisions of the Board, shall  be  subject  to
 3    judicial  review  under  the provisions of the Administrative
 4    Review Law and the rules adopted under  that  Act.  The  term
 5    "administrative  decision" means the same as in Section 3-101
 6    of the Code of Civil Procedure.

 7        Section 180.  Severability. If any provision of this  Act
 8    or  its  application  to  any  person or circumstance is held
 9    invalid, the invalidity of that provision or application does
10    not affect other provisions or applications of this Act  that
11    can   be  given  effect  without  the  invalid  provision  or
12    application.

13        Section 185.  Interference with private  facilities.  The
14    provisions  of this Act shall not be considered as impairing,
15    altering, modifying, repealing, or  superseding  any  of  the
16    jurisdiction or powers of the Illinois Commerce Commission or
17    of  the  Department  of  Natural  Resources under the Rivers,
18    Lakes, and Streams Act. Nothing in this Act or done under its
19    authority shall apply to, restrict, limit, or interfere  with
20    the  use  of  any  terminal,  terminal  facility,  intermodal
21    facility,  or  port facility owned or operated by any private
22    person for  the  storage  or  handling  or  transfer  of  any
23    commodity  moving  in  interstate  commerce or the use of the
24    land and facilities of  a  common  carrier  or  other  public
25    utility and the space above that land and those facilities or
26    the  right  to  use  that  land  and  those facilities in the
27    business of any  common  carrier  or  other  public  utility,
28    without  approval  of  the  Illinois  Commerce Commission and
29    without the  payment  of  just  compensation  to  any  common
30    carrier  or  other  public utility for damages resulting from
31    any restriction, limitation, or interference.
 
HB1475 Enrolled             -27-     LRB093 09906 BDD 10156 b
 1        Section 190.  Non-applicability of conflicting provisions
 2    of  the  Illinois  Municipal  Code.  The  provisions  of  the
 3    Illinois Municipal Code shall not  be  effective  within  the
 4    area  of  the  district insofar as the provisions of that Act
 5    conflict  with  the  provisions  of   this   Act   or   grant
 6    substantially  the  same  powers to any municipal corporation
 7    that are granted to the district by this Act.

 8        Section 999. Effective date. This Act takes  effect  upon
 9    becoming law.