Illinois General Assembly - Full Text of HB1475
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Full Text of HB1475  93rd General Assembly

HB1475sam001 93rd General Assembly


093_HB1475sam001

 










                                     LRB093 09906 BDD 15484 a

 1                    AMENDMENT TO HOUSE BILL 1475

 2        AMENDMENT NO.     .  Amend House Bill 1475  by  replacing
 3    everything after the enacting clause with the following:

 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
 
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 1    Organization  for  Standardization  containers,   line   haul
 2    assets, and handling equipment.
 3        "Navigable waters" mean any public waters that are or can
 4    be made usable for water commerce.
 5        "Person"  means any individual, firm, partnership, trust,
 6    corporation, both domestic and foreign, company, association,
 7    or  joint  stock  association  and  includes   any   trustee,
 8    receiver, assignee, or personal representative thereof.
 9        "Port  facilities"  mean  all public and other buildings,
10    structures,  works,  improvements,  and   equipment,   except
11    terminal  facilities  as  defined  in  this Section, that are
12    upon, in, over, under, adjacent, or near to navigable waters,
13    harbors, slips, and basins and that are necessary  or  useful
14    for or incident to the furtherance of water and land commerce
15    and  the  operation  of small boats and pleasure craft. "Port
16    facilities" includes the widening and  deepening  of  basins,
17    slips,  harbors, and navigable waters. "Port facilities" also
18    mean  all   lands,   buildings,   structures,   improvements,
19    equipment,  and  appliances located on district property that
20    are  used  for  industrial,  manufacturing,  commercial,   or
21    recreational purposes.
22        "Terminal"  means a public place, station, depot, or area
23    for receiving and delivering articles, commodities,  baggage,
24    mail,  freight,  or express matter and for any combination of
25    those purposes in  connection  with  the  transportation  and
26    movement by water and land of persons and property.
27        "Terminal   facilities"   mean   all   lands,  buildings,
28    structures, improvements, equipment, and appliances useful in
29    the   operation   of   public   warehouse,    storage,    and
30    transportation facilities for water and land commerce and for
31    handling,  docking,  storing,  and  servicing small boats and
32    pleasure craft.

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

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

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

21        Section  25.  Changes  in  harbor  plans. Any changes and
22    modifications in harbor plans within the  area  of  the  port
23    district from time to time recommended by the district or any
24    comprehensive plan for the development of the port facilities
25    adopted  by the district, under the authority granted by this
26    Act,  shall  be  submitted  to  the  Department  of   Natural
27    Resources  for  approval and approval by the Department shall
28    be conclusive evidence, for all purposes, that these  changes
29    and modifications conform to the provisions of this Act.

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

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

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

32        Section  45.  Obligations for expenses not to be incurred
33    until appropriations made. Unless and until the revenues from
 
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 1    operations conducted by the district are adequate to meet all
 2    expenditures or unless and until otherwise determined  by  an
 3    act of the General Assembly, the district shall not incur any
 4    obligations  for salaries, office, or administrative expenses
 5    before the making of appropriations to meet those expenses.

 6        Section 50.  Acquisition of property.
 7        (a)  The district shall have power to acquire and  accept
 8    by  purchase,  lease,  gift,  grant, or otherwise any and all
 9    real property, whether a fee  simple  absolute  or  a  lesser
10    estate,  and  personal  property either within or without its
11    corporate limits or any right that  may  be  useful  for  its
12    purposes  and  to  provide  for  the  development of adequate
13    channels,  ports,  harbors,   terminals,   port   facilities,
14    intermodal  facilities,  and  terminal facilities adequate to
15    serve the needs of commerce within the district. The district
16    shall have the right to grant easements and permits  for  the
17    use  of any real property, rights of way, or privileges that,
18    in the opinion of the Board, will not interfere with the  use
19    of  the  district's  property by the district for its primary
20    purposes and  the  easements  and  permits  may  contain  any
21    conditions and retain any interest therein that may be deemed
22    for the best interest of the district by the Board.
23        (b)  Any   property   or  facility  shall  be  leased  or
24    operated, if at all, only by 2 or more unrelated  contracting
25    parties  in  parcels that are as nearly equal in all respects
26    as practicable unless the Board determines that it is in  the
27    best  interest  of  the  district  to  lease  the property or
28    facility to a single contracting party.
29        The district, subject  to  the  public  bid  requirements
30    prescribed in Section 40 with respect to public warehouses or
31    public grain elevators, may lease to others for any period of
32    time not to exceed 99 years upon any terms that the Board may
33    determine  any  of  its  real  property,  rights  of  way, or
 
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 1    privileges, any interest therein, or  any  part  thereof  for
 2    industrial,   manufacturing,   commercial,  recreational,  or
 3    harbor purposes, that is in  the  opinion  of  the  Board  no
 4    longer  required  for its primary purposes in the development
 5    of port, intermodal, and harbor facilities or that may not be
 6    immediately needed for those purposes. Where the leases  will
 7    in  the  opinion of the Board aid and promote those purposes,
 8    and in conjunction with those leases, the district may  grant
 9    rights  of  way  and  privileges  across  the property of the
10    district,  which  rights  of  way  and  privileges   may   be
11    assignable  and  irrevocable during the term of any lease and
12    may include the right to  enter  upon  the  property  of  the
13    district  to  do  any  things  that  may be necessary for the
14    enjoyment of the leases, rights of way,  and  privileges  and
15    the leases may contain any conditions and retain any interest
16    that  may  be deemed for the best interest of the district by
17    the Board.
18        With respect to any and all leases, easements, rights  of
19    way,  privileges,  and  permits made or granted by the Board,
20    the Board may agree upon and collect  the  rentals,  charges,
21    and  fees  that  may  be  deemed for the best interest of the
22    district by the Board. The rentals, charges, and  fees  shall
23    be used to defray the reasonable expenses of the district and
24    to  pay  the  principal  of and interest on any revenue bonds
25    issued by the district.
26        (c)  The district may dedicate to the public for  highway
27    purposes  any  of its real property and those dedications may
28    be subject  to  any  conditions  and  the  retention  of  any
29    interest  that  may  be  deemed  for the best interest of the
30    district by the Board.
31        (d)  The district may sell, convey, or operate any of its
32    buildings, structures, or  other  improvements  located  upon
33    district  property that may be deemed in the best interest of
34    the district by the Board.
 
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 1        Section  55.  Grants,  loans,  and  appropriations.   The
 2    district  has power to apply for and accept grants, loans, or
 3    appropriations from the federal government or any  agency  or
 4    instrumentality  thereof  or  the  State  of  Illinois or any
 5    agency or instrumentality thereof to be used for any  of  the
 6    purposes of the district and to enter into any agreement with
 7    the  federal government, the State of Illinois, or any agency
 8    or instrumentality thereof in relation to the grants,  loans,
 9    or appropriations.

10        Section  60.  Foreign  trade  zones  and  sub-zones.  The
11    district  has power to apply to the proper authorities of the
12    United States of America under the appropriate  law  for  the
13    right  to  establish,  operate,  maintain,  and lease foreign
14    trade zones and sub-zones  within  the  jurisdiction  of  the
15    United  States  Customs  Service  and  to establish, operate,
16    maintain, and lease the foreign trade zones and sub-zones.

17        Section 65.  Insurance contracts. The district has  power
18    to procure and enter into contracts for any type of insurance
19    and  indemnity  against  loss  or damage to property from any
20    cause, including loss of use and occupancy, against death  or
21    injury  of  any person, against employers' liability, against
22    any act of any member, officer, or employee of the  Board  or
23    of  the  district  in the performance of the duties of his or
24    her office or employment or any other insurable risk.

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

22        Section  75.  Bonds  not  obligations  of  the  State  or
23    district. Under no circumstances shall any bonds,  notes,  or
24    certificates  issued  by the district or any other obligation
25    of the district be or become an indebtedness or obligation of
26    the State of Illinois or of any other  political  subdivision
27    of  or  municipality  within  the  State, nor shall any bond,
28    note, certificate, or obligation be or become an indebtedness
29    of the district within  the  purview  of  any  constitutional
30    limitation  or  provision.  It shall be plainly stated on the
31    face of each bond, note, and certificate  that  it  does  not
32    constitute  an  indebtedness  or  obligation  but  is payable
33    solely from the revenues or income of the district.
 
                            -15-     LRB093 09906 BDD 15484 a
 1        Section 80.  Revenue  bonds  as  legal  investments.  The
 2    State  and all counties, cities, villages, incorporated towns
 3    and other  municipal  corporations,  political  subdivisions,
 4    public bodies, and public officers of any thereof; all banks,
 5    bankers,  trust  companies,  savings  banks and institutions,
 6    building   and   loan   associations,   savings   and    loan
 7    associations,   investment   companies,   and  other  persons
 8    carrying on a  banking  business;  all  insurance  companies,
 9    insurance  associations,  and  other  persons  carrying on an
10    insurance  business;  and  all   executors,   administrators,
11    guardians, trustees, and their fiduciaries may legally invest
12    any  sinking  funds, moneys, or other funds belonging to them
13    or within their control in any bonds, notes, or  certificates
14    issued  under  this Act. It is the purpose of this Section to
15    authorize the investment in bonds, notes, or certificates  of
16    all  sinking,  insurance,  retirement, compensation, pension,
17    and trust funds, whether owned or controlled  by  private  or
18    public  persons  or officers; provided, however, that nothing
19    contained in this Section may be construed as  relieving  any
20    person  from  any  duty  of  exercising  reasonable  care  in
21    selecting securities for purchase or investment.

22        Section  90.  Permits.  It  shall be unlawful to make any
23    fill or deposit of rock, earth, sand, or other  material,  or
24    any  refuse  matter  of  any kind or description, or build or
25    commence the building of  any  wharf,  pier,  dolphin,  boom,
26    weir, breakwater, bulkhead, jetty, bridge, or other structure
27    over,  under,  in,  or within 40 feet of any navigable waters
28    within the  district  without  first  submitting  the  plans,
29    profiles,  and  specifications for it, and any other data and
30    information  that  may  be  required,  to  the  district  and
31    receiving a permit. Any person, corporation, company, city or
32    municipality, or other agency that does  any  of  the  things
33    prohibited  in  this  Section  without  securing  a permit is
 
                            -16-     LRB093 09906 BDD 15484 a
 1    guilty of a Class A  misdemeanor.  Any  structure,  fill,  or
 2    deposit  erected or made in any of the public bodies of water
 3    within the district in violation of the  provisions  of  this
 4    Section  is declared to be a purpresture and may be abated as
 5    such at the expense  of  the  person,  corporation,  company,
 6    city, municipality, or other agency responsible for it. If in
 7    the  discretion  of  the  district  it  is  decided  that the
 8    structure, fill, or deposit may remain, the district may  fix
 9    any  rule,  regulation, requirement, restrictions, or rentals
10    or require and compel any changes, modifications, and repairs
11    that shall be  necessary  to  protect  the  interest  of  the
12    district.

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

30        Section   105.  Board;  appointments;  terms  of  office;
31    certification and oath. The Governor, by and with the  advice
32    and  consent  of  the  Senate, shall appoint 2 members of the
 
                            -17-     LRB093 09906 BDD 15484 a
 1    Board. Of the 2 members appointed by the Governor,  at  least
 2    one  must  be a member of a labor organization, as defined in
 3    Section 3 of the Workplace Literacy Act. If the Senate is  in
 4    recess  when the appointment is made, the Governor shall make
 5    a temporary appointment until the next meeting of the Senate.
 6    The county board  chairmen  of  Tazewell,  Woodford,  Peoria,
 7    Marshall,  Mason,  Putnam,  and  Fulton  Counties  shall each
 8    appoint one member of the Board with the advice  and  consent
 9    of  their  respective county boards. Of the members initially
10    appointed, the 2 appointed by the Governor shall be appointed
11    for initial terms expiring June 1, 2009, and the 7  appointed
12    by their county board chairmen shall be appointed for initial
13    terms expiring June 1, 2010. All vacancies shall be filled in
14    a  like manner and with like regard to the place of residence
15    of the appointee. After the expiration of  initial  terms,  a
16    successor shall hold office for the term of 6 years beginning
17    the first day of June of the year in which the term of office
18    commences.  The  Governor  and  the  respective  county board
19    chairmen shall certify their appointments to the Secretary of
20    State. Within 30 days after certification of appointment, and
21    before entering upon the duties of his office, each member of
22    the Board shall take and subscribe the constitutional oath of
23    office and file it in the office of the Secretary of State.

24        Section 110.  Resignation and removal of  Board  members;
25    vacancies. Members of the Board shall hold office until their
26    respective  successors have been appointed and qualified. Any
27    member may resign from his or her office, to take effect when
28    his or her successor has been appointed  and  has  qualified.
29    The  Governor  and the county boards may remove any member of
30    the Board appointed by them in case of incompetency,  neglect
31    of duty, or malfeasance in office. They shall give the member
32    a  copy  of the charges against him or her and an opportunity
33    to be publicly heard in person or by counsel in  his  or  her
 
                            -18-     LRB093 09906 BDD 15484 a
 1    own  defense  upon  not less than 10 days' notice. In case of
 2    failure to qualify within the time required,  of  abandonment
 3    of  office,  or  of  death, conviction of a crime, or removal
 4    from office, the office shall  become  vacant.  Each  vacancy
 5    shall be filled for the unexpired term by appointment in like
 6    manner,  and with like regard as to the place of residence of
 7    the appointee, as in case of expiration  of  the  term  of  a
 8    member of the Board.

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

18        Section  120.  Meetings;  ordinances   and   resolutions;
19    public  records.  Regular meetings of the Board shall be held
20    at least once in each calendar month, the time and  place  of
21    the  meeting  to  be  fixed by the Board. Five members of the
22    Board shall  constitute  a  quorum  for  the  transaction  of
23    business.  All  action  of the Board shall be by ordinance or
24    resolution and the affirmative vote of  at  least  5  members
25    shall  be  necessary  for  the  adoption  of any ordinance or
26    resolution. All  ordinances  and  resolutions  before  taking
27    effect  shall be approved by the chairperson of the Board. If
28    the chairperson shall approve the ordinance or resolution, he
29    or she shall sign it. Those  ordinances  or  resolutions  the
30    chairperson shall not approve the chairperson shall return to
31    the  Board  with his or her objections in writing at the next
32    regular meeting of the Board occurring after the  passage  of
 
                            -19-     LRB093 09906 BDD 15484 a
 1    the  ordinances or resolutions. If the chairperson shall fail
 2    to return  any  ordinance  or  resolution  with  his  or  her
 3    objections  by  the  time required in this Section, he or she
 4    shall be deemed to have approved it and it shall take  effect
 5    accordingly.  Upon  the return of any ordinance or resolution
 6    by the chairperson with his or her objections,  the  vote  by
 7    which  the  ordinance  or  resolution  was  passed  shall  be
 8    reconsidered  by  the  Board.  If  upon  reconsideration  the
 9    ordinance  or resolution is passed by the affirmative vote of
10    at least 6 members, it shall go into  effect  notwithstanding
11    the veto of the chairperson. All ordinances, resolutions, all
12    proceedings of the district, and all documents and records in
13    its  possession  shall  be public records, and open to public
14    inspection, except any documents and records  that  shall  be
15    kept  or  prepared  by  the  Board  for  use in negotiations,
16    actions, or proceedings to which the district is a party.

17        Section 125.  Secretary and treasurer; oath and bond. The
18    Board shall appoint a secretary and a treasurer who need  not
19    be members of the Board to hold office during the pleasure of
20    the Board. The Board shall fix their duties and compensation.
21    Before  entering upon the duties of their respective offices,
22    they shall take and  subscribe  the  constitutional  oath  of
23    office  and the treasurer shall execute a bond with corporate
24    sureties to be approved by  the  Board.  The  bond  shall  be
25    payable to the district in whatever penal sum may be directed
26    by the Board conditioned upon the faithful performance of the
27    duties to the office and the payment of all money received by
28    him  or her according to law and the orders of the Board. The
29    Board may, at any time, require a new bond from the treasurer
30    in any penal sum that may be determined  by  the  Board.  The
31    obligation  of  the  sureties  shall  not  extend to any loss
32    sustained by the  insolvency,  failure,  or  closing  of  any
33    savings  and  loan  association  or  national  or  State bank
 
                            -20-     LRB093 09906 BDD 15484 a
 1    wherein the treasurer has deposited  funds  if  the  bank  or
 2    savings  and  loan association has been approved by the Board
 3    as a depositary for those funds. The oaths of office and  the
 4    treasurer's  bond  shall  be filed in the principal office of
 5    the district.

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

29        Section 135.  Prompt payment. Purchases made  under  this
30    Act  shall  be  made  in compliance with the Local Government
31    Prompt Payment Act.
 
                            -21-     LRB093 09906 BDD 15484 a
 1        Section   140.  Executive   director,    officers,    and
 2    employees.  The  Board may appoint an executive director, who
 3    shall  be  a  person  of  recognized  ability  and   business
 4    experience,  to hold office during the pleasure of the Board.
 5    The  executive  director  shall  have   management   of   the
 6    properties,  business,  and  the  employees  of  the district
 7    subject to the general control of the Board; shall direct the
 8    enforcement  of  all  ordinances,  resolutions,  rules,   and
 9    regulations  of the Board; and shall perform any other duties
10    that may be prescribed from time to time by  the  Board.  The
11    Board may appoint a general attorney and a chief engineer and
12    shall  provide  for  the  appointment  of any other officers,
13    attorneys, engineers, consultants, agents, and employees that
14    may be necessary. The Board shall  define  their  duties  and
15    require bonds of those that it may designate.
16        The executive director, general attorney, chief engineer,
17    and  all other officers provided for under this Section shall
18    be exempt from taking and subscribing any oath of office  and
19    shall  not  be  members of the Board. The compensation of the
20    executive director, general attorney, chief engineer, and all
21    other officers, attorneys, consultants, agents, and employees
22    shall be fixed by the Board, subject  to  the  provisions  of
23    Section 125 of this Act.

24        Section  145.  Fines  and penalties. The Board shall have
25    power to pass all  ordinances  and  to  make  all  rules  and
26    regulations  proper  or  necessary  to  carry into effect the
27    powers granted to the district, with any fines  or  penalties
28    that  may  be deemed proper. All fines and penalties shall be
29    imposed by ordinances that shall be published in a  newspaper
30    of  general circulation published in the area embraced by the
31    district. No ordinance shall take effect until 10 days  after
32    its publication.
 
                            -22-     LRB093 09906 BDD 15484 a
 1        Section  150.  Report  and  financial  statement. As soon
 2    after the end of each fiscal year as may  be  expedient,  the
 3    Board  shall prepare and print a complete and detailed report
 4    and financial statement of its operations and of  its  assets
 5    and  liabilities. A reasonably sufficient number of copies of
 6    the report shall  be  printed  for  distribution  to  persons
 7    interested,  upon  request, and a copy of the report shall be
 8    filed with the Governor and the county clerk of  each  county
 9    that is within the area of the district. A copy of the report
10    shall  be  addressed  to  and  mailed  to  the mayor and city
11    council  or  president  and  board  of   trustees   of   each
12    municipality within the area of the district.

13        Section  155.  Investigations by the Board. The Board may
14    investigate conditions in which it has an interest within the
15    area of the district;  the  enforcement  of  its  ordinances,
16    rules,   and   regulations;  and  the  action,  conduct,  and
17    efficiency of all officers,  agents,  and  employees  of  the
18    district. In the conduct of investigations the Board may hold
19    public  hearings  on  its  own  motion  and  shall  do  so on
20    complaint of  any  municipality  within  the  district.  Each
21    member  of the Board shall have power to administer oaths and
22    the secretary, by order of the Board, shall  issue  subpoenas
23    to  secure  the attendance and testimony of witnesses and the
24    production of books and papers relevant to investigations and
25    to any hearing before the Board or any member of the Board.
26        Any circuit court of this State, upon application of  the
27    Board  or  any  member  of  the  Board, may in its discretion
28    compel the attendance of witnesses, the production  of  books
29    and  papers, and giving of testimony before the Board, before
30    any member of the Board, or before  any  officers'  committee
31    appointed   by  the  Board  by  attachment  for  contempt  or
32    otherwise in the same manner as the  production  of  evidence
33    may be compelled before the court.
 
                            -23-     LRB093 09906 BDD 15484 a
 1        Section 160.  Annexation. Territory that is contiguous to
 2    the  district  and that is not included within any other port
 3    district may be annexed to and become a part of the  district
 4    in  the  manner  provided in Section 165 or 170, whichever is
 5    applicable.

 6        Section 165.  Petition for annexation. At least 5% of the
 7    legal voters resident  within  the  limits  of  the  proposed
 8    addition to the district shall petition the circuit court for
 9    a  county  in which a major part of the district is situated,
10    to cause the question  of  whether  the  proposed  additional
11    territory shall become a part of the district to be submitted
12    to the legal voters of the proposed additional territory. The
13    petition  shall be addressed to the court and shall contain a
14    definite description of the boundaries of the territory to be
15    embraced in the proposed addition.
16        Upon the filing of any petition with  the  clerk  of  the
17    court,  the  court  shall  fix a time and place for a hearing
18    upon the subject of the petition.
19        Notice shall be given by the court to whom  the  petition
20    is addressed or by the circuit clerk or sheriff of the county
21    in  which  the petition is made at the order and direction of
22    the court of the time and  place  of  the  hearing  upon  the
23    subject  of  the petition at least 20 days before the hearing
24    by at least one publication of the notice  in  any  newspaper
25    having  general  circulation  within  the area proposed to be
26    annexed, and by mailing a copy of the notice to the mayor  or
27    president  of  the board of trustees of all cities, villages,
28    and incorporated towns within the district.
29        At the hearing the  district,  all  persons  residing  or
30    owning property within the district, and all persons residing
31    in  or  owning  property  situated in the area proposed to be
32    annexed to the district may appear and be heard touching upon
33    the sufficiency of the petition. If the court finds that  the
 
                            -24-     LRB093 09906 BDD 15484 a
 1    petition  does  not  comply with the requirements of the law,
 2    the court shall dismiss the petition. If the court finds that
 3    the petition is  sufficient,  the  court  shall  certify  the
 4    petition and the proposition to the proper election officials
 5    who shall submit the proposition to the voters at an election
 6    under   the   general   election  law.  In  addition  to  the
 7    requirements of the general election law, the notice  of  the
 8    referendum  shall  include a description of the area proposed
 9    to be annexed to the district.
10        The proposition shall be in substantially  the  following
11    form:
12             Shall  (description  of the territory proposed to be
13        annexed)  join  the  Heart  of  Illinois  Regional   Port
14        District?
15    The votes shall be recorded as "Yes" or "No".
16        The  court  shall  cause a statement of the result of the
17    referendum to be filed in the records of the court.
18        If a majority of the votes  cast  upon  the  question  of
19    annexation to the district are in favor of becoming a part of
20    the  district,  the  court  shall then enter an order stating
21    that  the  additional  territory  shall  thenceforth  be   an
22    integral part of the Heart of Illinois Regional Port District
23    and   subject   to   all  of  the  benefits  of  service  and
24    responsibilities of the district.  The  circuit  clerk  shall
25    transmit  a  certified copy of the order to the circuit clerk
26    of any other county in which any of the territory affected is
27    situated.

28        Section 170.  Annexation of  territory  having  no  legal
29    voters. If there is territory contiguous to the district that
30    has  no  legal voters residing within it, a petition to annex
31    the territory signed by all  the  owners  of  record  of  the
32    territory  may be filed with the circuit court for the county
33    in which a major part of the district is situated. A time and
 
                            -25-     LRB093 09906 BDD 15484 a
 1    place for a hearing on the subject of the petition  shall  be
 2    fixed  and notice of the hearing shall be given in the manner
 3    provided in Section 165. At the hearing any owner of land  in
 4    the  territory  proposed to be annexed, the district, and any
 5    resident of the district may appear and be heard touching  on
 6    the  sufficiency of the petition. If the court finds that the
 7    petition satisfies the requirements of this Section, it shall
 8    enter an order stating that thenceforth the  territory  shall
 9    be  an  integral  part of the Heart of Illinois Regional Port
10    District and subject to all of the benefits  of  service  and
11    responsibilities  of  the  district.  The circuit clerk shall
12    transmit a certified copy of the order of the  court  to  the
13    circuit  clerk  of  any  other  county  in  which the annexed
14    territory is situated.

15        Section 172.  Disconnection. The registered voters  of  a
16    county  included in the district may petition the State Board
17    of Elections requesting the submission  of  the  question  of
18    whether  the  county should be disconnected from the district
19    to  the  electors  of  the  county.  The  petition  shall  be
20    circulated in the manner required  by  Section  28-3  of  the
21    Election  Code and objections thereto and the manner of their
22    disposition shall be in accordance with Section 28-4  of  the
23    Election Code. If a petition is filed with the State Board of
24    Elections,  signed  by  not  less  than  5% of the registered
25    voters of the county or that portion of the  county  that  is
26    within   the   district,  requesting  that  the  question  of
27    disconnection be submitted to the electors of the county, the
28    State Board of Elections must certify  the  question  to  the
29    proper  election authority, which must submit the question at
30    a regular election held at least 78 days after  the  petition
31    is filed in accordance with the Election Code.
32        The  question  must  be  submitted  in  substantially the
33    following form:
 
                            -26-     LRB093 09906 BDD 15484 a
 1             Shall (name of  county)  be  disconnected  from  the
 2        Heart of Illinois   Regional Port District?
 3    The votes must be recorded as "Yes" or "No". If a majority of
 4    the  electors voting on the question vote in the affirmative,
 5    the county or portion  of  the  county  that  is  within  the
 6    district shall be disconnected from the district.

 7        Section   175.  Administrative   Review  Law.  All  final
 8    administrative decisions of the Board, shall  be  subject  to
 9    judicial  review  under  the provisions of the Administrative
10    Review Law and the rules adopted under  that  Act.  The  term
11    "administrative  decision" means the same as in Section 3-101
12    of the Code of Civil Procedure.

13        Section 180.  Severability. If any provision of this  Act
14    or  its  application  to  any  person or circumstance is held
15    invalid, the invalidity of that provision or application does
16    not affect other provisions or applications of this Act  that
17    can   be  given  effect  without  the  invalid  provision  or
18    application.

19        Section 185.  Interference with private  facilities.  The
20    provisions  of this Act shall not be considered as impairing,
21    altering, modifying, repealing, or  superseding  any  of  the
22    jurisdiction or powers of the Illinois Commerce Commission or
23    of  the  Department  of  Natural  Resources under the Rivers,
24    Lakes, and Streams Act. Nothing in this Act or done under its
25    authority shall apply to, restrict, limit, or interfere  with
26    the  use  of  any  terminal,  terminal  facility,  intermodal
27    facility,  or  port facility owned or operated by any private
28    person for  the  storage  or  handling  or  transfer  of  any
29    commodity  moving  in  interstate  commerce or the use of the
30    land and facilities of  a  common  carrier  or  other  public
31    utility and the space above that land and those facilities or
 
                            -27-     LRB093 09906 BDD 15484 a
 1    the  right  to  use  that  land  and  those facilities in the
 2    business of any  common  carrier  or  other  public  utility,
 3    without  approval  of  the  Illinois  Commerce Commission and
 4    without the  payment  of  just  compensation  to  any  common
 5    carrier  or  other  public utility for damages resulting from
 6    any restriction, limitation, or interference.

 7        Section 190.  Non-applicability of conflicting provisions
 8    of  the  Illinois  Municipal  Code.  The  provisions  of  the
 9    Illinois Municipal Code shall not  be  effective  within  the
10    area  of  the  district insofar as the provisions of that Act
11    conflict  with  the  provisions  of   this   Act   or   grant
12    substantially  the  same  powers to any municipal corporation
13    that are granted to the district by this Act.

14        Section. 999. Effective date. This Act takes effect  upon
15    becoming law.".