Full Text of HB3664 99th General Assembly
HB3664ham002 99TH GENERAL ASSEMBLY | Rep. C.D. Davidsmeyer Filed: 4/1/2015
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| 1 | | AMENDMENT TO HOUSE BILL 3664
| 2 | | AMENDMENT NO. ______. Amend House Bill 3664, AS AMENDED, in | 3 | | the introductory clause of Section 5, by changing "Section 3" | 4 | | to "Sections 3, 3.1, and 4"; and
| 5 | | by inserting at the end of the bill the following:
| 6 | | "(70 ILCS 1860/3.1) (from Ch. 19, par. 286.1)
| 7 | | Sec. 3.1.
It is declared that the main purpose of this Act | 8 | | is to
promote economic development, including industrial, | 9 | | commercial and transportation activities, thereby
reducing the | 10 | | evils attendant upon unemployment and enhancing the public
| 11 | | health and welfare of this State.
| 12 | | All property of every kind belonging to the Port District | 13 | | shall be
exempt from taxation, provided that taxes may be | 14 | | assessed and levied
upon a lessee of the District by reason of | 15 | | the value of a leasehold
estate separate and apart from the fee | 16 | | or upon such improvements as are
constructed and owned by |
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| 1 | | others than the District. All property of the
District shall be | 2 | | construed as constituting public property owned by a
municipal | 3 | | corporation and used exclusively for public purposes within
the | 4 | | provisions of Section 15-155 of the Property Tax Code.
| 5 | | (Source: P.A. 88-670, eff. 12-2-94.)
| 6 | | (70 ILCS 1860/4) (from Ch. 19, par. 287)
| 7 | | Sec. 4. The Port District has the following rights and | 8 | | powers:
| 9 | | 1. To issue permits: for the construction of all | 10 | | wharves, piers,
dolphins, booms, weirs, breakwaters, | 11 | | bulkheads, jetties, bridges or other
structures of any | 12 | | kind, over, under, in, or within 40 feet of any navigable
| 13 | | waters within the Port District; for the deposit of rock, | 14 | | earth, sand or
other material, or any matter of any kind or | 15 | | description in such waters;
except that nothing contained | 16 | | in this paragraph 1 shall be construed so
that it will be | 17 | | deemed necessary to obtain a permit from the District for
| 18 | | the erection, operation or maintenance of any bridge | 19 | | crossing a waterway
which serves as a boundary between the | 20 | | State of Illinois and any other
State, when such erection, | 21 | | operation or maintenance is performed by any
city within | 22 | | the District;
| 23 | | 2. To prevent or remove obstructions in navigable | 24 | | waters, including the
removal of wrecks;
| 25 | | 3. To locate and establish dock lines and shore or |
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| 1 | | harbor lines;
| 2 | | 4. To regulate the anchorage, moorage and speed of | 3 | | water borne vessels
and to establish and enforce | 4 | | regulations for the operation of bridges,
except nothing | 5 | | contained in this paragraph 4 shall be construed to give | 6 | | the
District authority to regulate the operation of any | 7 | | bridge crossing a
waterway which serves as a boundary | 8 | | between the State of Illinois and any
other State, when | 9 | | such operation is performed or to be performed by any
city | 10 | | within the District;
| 11 | | 5. To acquire, own, construct, lease for any period not | 12 | | exceeding 99
years, operate and maintain terminals, | 13 | | terminal facilities and port
facilities, to fix and collect | 14 | | just, reasonable, and nondiscriminatory
charges for the | 15 | | use of such facilities, and, except as provided herein for
| 16 | | short term financing, to use the charges so collected to | 17 | | defray the
reasonable expenses of the Port District and to | 18 | | pay the principal of and
interest on any revenue bonds | 19 | | issued by the District;
| 20 | | 6. To acquire, erect, construct, reconstruct, improve, | 21 | | maintain, operate
and lease in whole or part for any period | 22 | | not exceeding 99 years, central
office or administrative | 23 | | facilities for use by the Port District, any
tenant, | 24 | | occupant or user of the District facilities, or anyone | 25 | | engaged in
commerce in the District.
| 26 | | 7. To sell, assign, pledge or hypothecate in whole or |
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| 1 | | in part any
contract, lease, income, charges, tolls, | 2 | | rentals or fees of the District to
provide short term | 3 | | interim financing pending the issuance of revenue bonds
by | 4 | | the District, provided that when such revenue bonds are | 5 | | issued, such
contracts, leases, income, charges, tolls, | 6 | | rentals or fees shall be used to
defray the reasonable | 7 | | expenses of the Port District and pay the principal
of and | 8 | | income on any revenue bonds issued by the District;
| 9 | | 8. To acquire, own, construct, lease for any period not | 10 | | exceeding 99
years, operate, develop and maintain Port | 11 | | District water and sewerage
systems including but not | 12 | | limited to pipes, mains, lines, sewers, pumping
stations, | 13 | | settling tanks, treatment plants, water purification | 14 | | equipment,
wells, storage facilities and all other | 15 | | equipment, material and facilities
necessary to such | 16 | | systems, for the use upon payment of a reasonable fee as
| 17 | | set by the District, of any tenant, occupant or user of the | 18 | | District
facilities, or anyone engaged in commerce in the | 19 | | District, provided that
the District shall not acquire, | 20 | | own, construct, lease, operate, develop and
maintain such | 21 | | water and sewerage systems if such services can be provided
| 22 | | by a public utility or municipal corporation upon request | 23 | | of the District,
and provided further that if the District | 24 | | develops its own water and
sewerage systems such systems | 25 | | may be sold or disposed of at anytime to any
public utility | 26 | | or municipal corporation which will continue to service the
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| 1 | | Port District.
| 2 | | 9. To create, establish, maintain and operate a public | 3 | | incinerator for
waste disposal by incineration by any means | 4 | | or method, for use by
municipalities for the disposal of | 5 | | municipal wastes and by industries for
the disposal of | 6 | | industrial waste; and to lease land and said incineration
| 7 | | facilities for the operation of an incinerator for a term | 8 | | not exceeding 99
years and to fix and collect just, | 9 | | reasonable and non-discriminatory
charges for the use of | 10 | | such incinerating facilities, and to use the charges
or | 11 | | lease proceeds to defray the reasonable expenses of the | 12 | | Port District,
and to pay the principal of and interest on | 13 | | any revenue bonds issued by the
Port District.
| 14 | | 10. To locate, establish and maintain a public airport, | 15 | | public airports
and public airport facilities within its | 16 | | corporate limits or within or upon
any body of water | 17 | | adjacent thereto, and to construct, develop, expand,
| 18 | | extend and improve any such airport or airport facilities;
| 19 | | 11. To operate, maintain, manage, lease or sublease for | 20 | | any period not
exceeding 99 years, and to make and enter | 21 | | into contracts for the use,
operation or management of, and | 22 | | to provide rules and regulations for, the
operation, | 23 | | management or use of, any public airport or public airport
| 24 | | facility;
| 25 | | 12. To fix, charge and collect reasonable rentals, | 26 | | tolls, fees, and
charges for the use of any public airport, |
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| 1 | | or any part thereof, or any
public airport facility;
| 2 | | 13. To establish, maintain, extend and improve | 3 | | roadways and approaches
by land, water or air to any such | 4 | | airport and to contract or otherwise
provide, by | 5 | | condemnation if necessary, for the removal of any airport
| 6 | | hazard or the removal or relocation of all private | 7 | | structures, railways,
mains, pipes, conduits, wires, | 8 | | poles, and all other facilities and
equipment which may | 9 | | interfere with the location, expansion, development, or
| 10 | | improvement of airports or with the safe approach thereto | 11 | | or take-off
therefrom by aircraft, and to pay the cost of | 12 | | removal or relocation; and,
subject to the "Airport Zoning | 13 | | Act", approved July 17, 1945, as amended,
to adopt, | 14 | | administer and enforce airport zoning regulations for | 15 | | territory
which is within its corporate limits or which | 16 | | extends not more than 2 miles
beyond its corporate limits;
| 17 | | 14. To restrict the height of any object of natural | 18 | | growth or structure
or structures within the vicinity of | 19 | | any airport or within the lines of an
approach to any | 20 | | airport and, when necessary, for the reduction in the
| 21 | | height of any such existing object or structure, to enter | 22 | | into an agreement
for such reduction or to accomplish same | 23 | | by condemnation;
| 24 | | 15. To agree with the state or federal governments or | 25 | | with any public
agency in respect to the removal and | 26 | | relocation of any object of natural
growth, airport hazard |
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| 1 | | or any structure or building within the vicinity of
any | 2 | | airport or within an approach and which is owned or within | 3 | | the control
of such government or agency and to pay all or | 4 | | an agreed portion of the
cost of such removal or | 5 | | relocation;
| 6 | | 16. For the prevention of accidents, for the | 7 | | furtherance and protection
of public health, safety and | 8 | | convenience in respect to aeronautics, for the
protection | 9 | | of property and persons within the District from any hazard | 10 | | or
nuisance resulting from the flight of aircraft, for the | 11 | | prevention of
interference between, or collision of, | 12 | | aircraft while in flight or upon the
ground, for the | 13 | | prevention or abatement of nuisances in the air or upon the
| 14 | | ground or for the extension or increase in the usefulness | 15 | | or safety of any
public airport or public airport facility | 16 | | owned by the District, the
District may regulate and | 17 | | restrict the flight of aircraft while within or
above the | 18 | | incorporated territory of the District;
| 19 | | 17. To police its physical property only and all | 20 | | waterways and to
exercise police powers in respect thereto | 21 | | or in respect to the enforcement
of any rule or regulation | 22 | | provided by the ordinances of the District and to
employ | 23 | | and commission police officers and other qualified persons | 24 | | to
enforce the same. The use of any such public airport or | 25 | | public airport
facility of the District shall be subject to | 26 | | the reasonable regulation and
control of the District and |
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| 1 | | upon such reasonable terms and conditions as
shall be | 2 | | established by its Board. A regulatory ordinance of the | 3 | | District
adopted under any provision of this Section may | 4 | | provide for a suspension or
revocation of any rights or | 5 | | privileges within the control of the District
for a | 6 | | violation of any such regulatory ordinance. Nothing in this | 7 | | Section
or in other provisions of this Act shall be | 8 | | construed to authorize such
Board to establish or enforce | 9 | | any regulation or rule in respect to
aviation, or the | 10 | | operation or maintenance of any airport facility within
its | 11 | | jurisdiction, which is in conflict with any federal or | 12 | | state law or
regulation applicable to the same subject | 13 | | matter;
| 14 | | 18. To enter into agreements with the corporate | 15 | | authorities or governing
body of any other municipal | 16 | | corporation or any political subdivision of
this State to | 17 | | pay the reasonable expense of services furnished by such
| 18 | | municipal corporation or political subdivision for or on | 19 | | account of income
producing properties of the District;
| 20 | | 19. To enter into contracts dealing in any manner with | 21 | | the objects and
purposes of this Act;
| 22 | | 20. To acquire, own, lease, sell or otherwise dispose | 23 | | of interests in
and to real property and improvements | 24 | | situate thereon and in personal
property necessary to | 25 | | fulfill the purposes of the District;
| 26 | | 21. To designate the fiscal year for the District;
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| 1 | | 22. To engage in any activity or operation which is | 2 | | incidental to and in
furtherance of efficient operation to | 3 | | accomplish the District's primary purpose;
| 4 | | 23. To apply to proper authorities of the United States | 5 | | of America
pursuant to appropriate Federal Law for the | 6 | | right to establish, operate,
maintain and lease
foreign | 7 | | trade zones and sub-zones which may be located within or | 8 | | outside the territory within the limits of America's | 9 | | Central Port
District and to establish, operate, maintain, | 10 | | and lease such , or its limits as approved foreign trade | 11 | | zones and the subzones by the United States Foreign-Trade | 12 | | Zones Board, or within the jurisdiction of the United | 13 | | States Customs Service
Office of the St. Louis Port of | 14 | | Entry and to establish, operate, maintain
and lease such | 15 | | foreign trade zones
and the sub-zones ;
| 16 | | 24. To operate, maintain, manage, lease, or sublease | 17 | | for any period not
exceeding 99 years any former military | 18 | | base owned or leased by the District
and within its | 19 | | jurisdictional boundaries, to make and enter into any | 20 | | contract
for
the
use, operation, or management of any | 21 | | former military base owned or leased by
the District and | 22 | | located within its jurisdictional
boundaries,
and to | 23 | | provide rules and regulations for the development, | 24 | | redevelopment, and
expansion of any former military base | 25 | | owned or leased by the District and
located within its | 26 | | jurisdictional boundaries;
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| 1 | | 25. To locate, establish, re-establish, expand or | 2 | | renew, construct or
reconstruct, operate, and maintain any | 3 | | facility, building, structure, or
improvement for a use or | 4 | | a purpose consistent with any use or purpose of any
former | 5 | | military base owned or leased by the District and located | 6 | | within its
jurisdictional boundaries; | 7 | | 26. To acquire, own, sell, convey, construct, lease for | 8 | | any period not
exceeding 99 years, manage, operate, expand, | 9 | | develop, and maintain any
telephone system, including, but | 10 | | not limited to, all equipment,
materials, and facilities | 11 | | necessary or incidental to that
telephone
system, for use, | 12 | | at the option of the District and upon payment of a | 13 | | reasonable
fee set by the District, of any tenant or | 14 | | occupant
situated on
any former military base owned or | 15 | | leased by the District and located within its
| 16 | | jurisdictional boundaries; | 17 | | 27. To cause to be incorporated one or more subsidiary | 18 | | business
corporations, wholly owned by the District, to | 19 | | own, operate, maintain, and
manage facilities and services | 20 | | related to any telephone system, pursuant to
paragraph 26. | 21 | | A subsidiary corporation formed pursuant to this paragraph | 22 | | shall
(i) be deemed a telecommunications carrier, as that | 23 | | term is defined in Section
13-202 of the Public Utilities | 24 | | Act, (ii) have the right to apply to the
Illinois
Commerce | 25 | | Commission for a Certificate of Service Authority or a | 26 | | Certificate of
Interexchange Service Authority, and (iii) |
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| 1 | | have the powers necessary to carry
out
lawful orders of the | 2 | | Illinois Commerce Commission; | 3 | | 28. To improve, develop, or redevelop any former | 4 | | military base situated
within the boundaries of the | 5 | | District, in Madison County, Illinois, and
acquired
by the | 6 | | District from the federal government, acting by and through | 7 | | the United
States Maritime Administration, pursuant to any | 8 | | plan for redevelopment,
development, or improvement of | 9 | | that military base by the District that is
approved by the | 10 | | United States Maritime Administration under the terms and
| 11 | | conditions of conveyance of the former military base to the | 12 | | District by the
federal
government; | 13 | | 29. To acquire, erect, construct, maintain and operate | 14 | | aquariums, museums, planetariums, climatrons and other | 15 | | edifices for the collection and display of objects | 16 | | pertaining to natural history or the arts and sciences, or | 17 | | sports facilities and to permit the directors or trustees | 18 | | of any corporation or society organized for the erection, | 19 | | construction, maintenance and operation of an aquarium, | 20 | | museum, planetarium, climatrons, sports facilities or | 21 | | other such edifice to perform such erection, construction, | 22 | | maintenance and operation on or within any property now or | 23 | | hereafter owned by or under the control or supervision of | 24 | | the District; and to contract with any such directors or | 25 | | trustees relative to such acquisition, erection, | 26 | | construction, maintenance and operation and to authorize |
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| 1 | | such directors or trustees to charge an admission fee, the | 2 | | proceeds of which shall be devoted exclusively to such | 3 | | erection, construction, maintenance and operation; | 4 | | 30. To acquire, erect, construct, reconstruct, | 5 | | improve, maintain and operate one or more, or a combination | 6 | | or combinations of, industrial buildings, office | 7 | | buildings, residential buildings, buildings to be used as a | 8 | | factory, mill shops, processing plants, packaging plants, | 9 | | assembly plants, fabricating plants, and buildings to be | 10 | | used as warehouses and other storage facilities; | 11 | | 31. To establish, organize, own, acquire, participate | 12 | | in, operate, sell, and transfer cause to be incorporated | 13 | | one or more subsidiary business entities corporations to | 14 | | own, operate, maintain, and manage facilities and services | 15 | | related to the community and economic development | 16 | | interests of the District, including, but not limited to, | 17 | | any terminal, terminal facilities, airfields, airports, | 18 | | port facilities, or real property of the District, whether | 19 | | as shareholder, partner, or co-venturer, alone or in | 20 | | cooperation with federal, state, or local governmental | 21 | | authorities or any other public or private corporation or | 22 | | person or persons. Such subsidiary business entities | 23 | | corporations and all of the property thereof, wholly or | 24 | | partly owned, directly or indirectly, by the District, | 25 | | shall have the same privileges and immunities as accorded | 26 | | to the District; and subsidiary business entities |
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| 1 | | corporations may borrow money or obtain financial | 2 | | assistance from private lenders or federal and state | 3 | | governmental authorities or issue revenue bonds with the | 4 | | same kinds of security, and in accordance with the same | 5 | | procedures, restrictions and privileges applicable when | 6 | | the District obtains financial assistance or issues bonds | 7 | | for any of its other authorized purposes. For purposes of | 8 | | this paragraph, "business entities" means a person, | 9 | | partnership, association, public or private corporation, | 10 | | or similar organization, whether operated for profit or not | 11 | | for profit. | 12 | | (Source: P.A. 98-854, eff. 1-1-15 .)".
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