Bill Amendment: IL HB0740 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: LOCAL GOVERNMENT-TECH
Status: 2016-06-24 - Public Act . . . . . . . . . 99-0507 [HB0740 Detail]
Download: Illinois-2015-HB0740-House_Amendment_001.html
Bill Title: LOCAL GOVERNMENT-TECH
Status: 2016-06-24 - Public Act . . . . . . . . . 99-0507 [HB0740 Detail]
Download: Illinois-2015-HB0740-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 740
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2 | AMENDMENT NO. ______. Amend House Bill 740 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Kaskaskia Regional Port District Act is | ||||||
5 | amended by changing Sections 1.1, 3, 6, 7.1, 14, and 20.2 as | ||||||
6 | follows:
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7 | (70 ILCS 1830/1.1)
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8 | Sec. 1.1. Purpose. The General Assembly declares that the | ||||||
9 | main purpose of
this
Act is to
promote industrial, commercial, | ||||||
10 | transportation, homeland security, recreation, water supply, | ||||||
11 | flood control, and economic activities
thereby reducing
the | ||||||
12 | evils attendant upon unemployment and enhancing the public | ||||||
13 | health , safety, and
welfare of
this State.
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14 | (Source: P.A. 90-785, eff. 1-1-99.)
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15 | (70 ILCS 1830/3) (from Ch. 19, par. 503)
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1 | Sec. 3.
There is created a political subdivision body | ||||||
2 | politic and
municipal corporation, named "Kaskaskia Regional | ||||||
3 | Port District"
embracing all of Monroe and Randolph Counties | ||||||
4 | and Freeburg, Millstadt,
Smithton, Prairie Du Long, New Athens, | ||||||
5 | Marissa, Fayetteville, Engleman,
Mascoutah, Shiloh Valley and | ||||||
6 | Lenzburg Townships of St. Clair County. The
Port District may | ||||||
7 | sue and be sued in its corporate name but execution
shall not | ||||||
8 | in any case issue against any property owned by the Port
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9 | District except for Port District property that the Port | ||||||
10 | District pledged as collateral to a bank or other financial | ||||||
11 | institution to secure a bank loan . It may adopt a common seal | ||||||
12 | and change the same at pleasure.
The principal office of the | ||||||
13 | Port District shall be in the city of Red Bud
Chester , | ||||||
14 | Illinois.
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15 | No rights, duties or privileges of such District, or those | ||||||
16 | of any
person, existing before the change of name shall be | ||||||
17 | affected by the
change provided by this amendatory Act of 1967. | ||||||
18 | All proceedings pending
in any court in favor of or against | ||||||
19 | such District may continue to final
consummation under the name | ||||||
20 | in which they were commenced.
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21 | (Source: P.A. 80-1495.)
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22 | (70 ILCS 1830/6) (from Ch. 19, par. 506)
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23 | Sec. 6. The Port District has the following functions, | ||||||
24 | powers and duties:
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25 | (a) to study the existing harbor facilities within the area |
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1 | of the Port
District and to recommend to an appropriate | ||||||
2 | governmental agency, including
the General Assembly of | ||||||
3 | Illinois, such changes and modifications as may
from time to | ||||||
4 | time be required for continuing development therein and to
meet | ||||||
5 | changing business and commercial needs;
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6 | (b) to make an investigation of conditions within the Port | ||||||
7 | District and to
prepare and adopt a comprehensive plan for the | ||||||
8 | development of port
facilities for the Port District. In | ||||||
9 | preparing and recommending changes and
modifications in | ||||||
10 | existing harbor facilities, or a comprehensive plan for
the | ||||||
11 | development of such port facilities, as above provided, the | ||||||
12 | Port
District if it deems desirable may set aside and allocate | ||||||
13 | an area or areas,
within the lands owned by it, to be leased to | ||||||
14 | private parties for
industrial, manufacturing, commercial, or | ||||||
15 | harbor purposes, where such area
or areas in the opinion of the | ||||||
16 | Board, are not required for primary purposes
in the development | ||||||
17 | of harbor and port facilities for the use of public
water and | ||||||
18 | land transportation, or will not be needed immediately for such
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19 | purposes, and where such leasing in the opinion of the Board | ||||||
20 | will aid and
promote the development of terminal and port | ||||||
21 | facilities;
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22 | (c) to study and make recommendations to the proper | ||||||
23 | authority for the
improvement of terminal, lighterage, | ||||||
24 | wharfage, warehousing, anchorage,
transfer and other | ||||||
25 | facilities necessary for the promotion of commerce and
the | ||||||
26 | interchange of traffic within, to and from the Port District;
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1 | (d) to study, prepare and recommend by specific proposals | ||||||
2 | to the General
Assembly of Illinois changes in the jurisdiction | ||||||
3 | of the Port District;
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4 | (e) to petition any federal, state, municipal or local | ||||||
5 | authority,
administrative, judicial and legislative, having | ||||||
6 | jurisdiction in the
premises, for the adoption and execution of | ||||||
7 | any physical improvement,
change in method, system of handling | ||||||
8 | freight, warehousing, docking,
lightering and transfer of | ||||||
9 | freight, which in the opinion of the Board are
designed to | ||||||
10 | improve or better the handling of commerce in and through the
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11 | Port District or improve terminal or transportation facilities | ||||||
12 | therein ; and .
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13 | (f) to petition any federal, state, or local authority, | ||||||
14 | including administrative, judicial, and legislative branches, | ||||||
15 | having jurisdiction for the adoption and execution of any | ||||||
16 | physical improvement or operation related to the management of | ||||||
17 | fish and wildlife, recreation, water supply, or flood control | ||||||
18 | which in the opinion of the Board is for the purpose of | ||||||
19 | improving or bettering the quality of life in the Port District | ||||||
20 | or add to the diversity of amenities related to that purpose. | ||||||
21 | (Source: Laws 1965, p. 1013.)
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22 | (70 ILCS 1830/7.1) (from Ch. 19, par. 507.1)
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23 | Sec. 7.1. Additional rights and powers.
The Port District | ||||||
24 | has the following additional rights and powers:
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25 | (a) To issue permits for the construction of all wharves, |
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1 | piers,
dolphins, booms, weirs, breakwaters, bulkheads, | ||||||
2 | jetties, bridges or other
structures of any kind, over, under, | ||||||
3 | in, or within 40 feet of any navigable
waters within the Port | ||||||
4 | District, for the deposit of rock, earth, sand or
other | ||||||
5 | material, or any matter of any kind or description in such | ||||||
6 | waters;
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7 | (b) To prevent and remove obstructions in navigable waters, | ||||||
8 | including
the removal of wrecks or vessels; to recover damages, | ||||||
9 | including attorney fees, for the removal and clean-up of the | ||||||
10 | site or sites and the surrounding or downstream environment; | ||||||
11 | these rights and powers shall include, but are not limited to, | ||||||
12 | emergency powers to seize wrecks or vessels, remediate damages, | ||||||
13 | and provide for the disposition of the wrecks or vessels ;
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14 | (c) To locate and establish dock lines and shore or harbor | ||||||
15 | lines;
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16 | (d) To regulate the anchorage, moorage and speed of water | ||||||
17 | borne vessels
and to establish and enforce regulations for the | ||||||
18 | operation of bridges;
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19 | (e) To acquire, own, construct, lease, operate and maintain | ||||||
20 | terminals,
terminal facilities, port facilities, | ||||||
21 | transportation equipment facilities,
railroads and marinas, | ||||||
22 | and airport facilities
and systems, and to fix and collect | ||||||
23 | just, reasonable, and
non-discriminatory charges for use of | ||||||
24 | such facilities, equipment and
systems. The charges so | ||||||
25 | collected shall be used to defray the reasonable
expenses of | ||||||
26 | the Port District, and to pay the principal of and interest on
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1 | any revenue bonds issued by the Port District;
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2 | (f) To operate, maintain, manage, lease, sub-lease, and to | ||||||
3 | make and
enter into contracts for the use, operation or | ||||||
4 | management of, and to
provide rules and regulations for, the | ||||||
5 | operation, management or use of, any
public port or public port | ||||||
6 | facility;
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7 | (g) To fix, charge and collect reasonable rentals, tolls, | ||||||
8 | fees and
charges for the use of any public port, or any part | ||||||
9 | thereof, or any public
port facility;
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10 | (h) To establish, maintain, expand and improve roadways, | ||||||
11 | railroads, and
approaches by land, or water, to any such | ||||||
12 | terminal, terminal facility and
port facilities, and to | ||||||
13 | contract or otherwise provide by condemnation, if
necessary, | ||||||
14 | for the removal of any port, terminal, terminal facilities and
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15 | port facility hazards or the removal or relocation of all | ||||||
16 | private
structures, railroads, mains, pipes, conduits, wires, | ||||||
17 | poles, and all other
facilities and equipment which may | ||||||
18 | interfere with the location, expansion,
development or | ||||||
19 | improvement of ports, terminals, terminal facilities and
port | ||||||
20 | facilities or with the safe approach thereto, or exit or | ||||||
21 | takeoff
therefrom by vehicles, vessels, barges and other means | ||||||
22 | of transportation,
and to pay the cost of removal or | ||||||
23 | relocation;
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24 | (i) To police its physical property only and all waterways | ||||||
25 | and to
exercise police powers in respect thereto or in respect | ||||||
26 | to the enforcement
of any rule or regulation provided by the |
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1 | ordinances of the District and to
employ and commission police | ||||||
2 | officers and other qualified persons to
enforce such rules and | ||||||
3 | regulations. A regulatory ordinance of the District
adopted | ||||||
4 | under any provisions of this Section may provide for a | ||||||
5 | suspension
or revocation of any rights or privileges within the | ||||||
6 | control of the
District for a violation of any such regulatory | ||||||
7 | ordinance.
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8 | (j) To enter into agreements with the corporate authorities | ||||||
9 | or governing
body of any other municipal corporation or any | ||||||
10 | political subdivision of
this State to pay the reasonable | ||||||
11 | expense of services furnished by such
municipal corporation or | ||||||
12 | political subdivision for or on account of income
producing | ||||||
13 | properties of the District;
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14 | (k) To enter into contracts dealing in any manner with the | ||||||
15 | objects and
purposes of this Act;
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16 | (l) To acquire, own, lease, mortgage, sell , or otherwise | ||||||
17 | dispose of interests in
and to real property and improvements | ||||||
18 | situate thereon and in personal
property necessary to fulfill | ||||||
19 | the purposes of the District;
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20 | (m) To designate the fiscal year for the District;
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21 | (n) To engage in any activity or operation which is | ||||||
22 | incidental to and in
furtherance of efficient operation to | ||||||
23 | accomplish the District's primary
purpose;
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24 | (o) To acquire, erect, construct, maintain and operate | ||||||
25 | aquariums,
museums, planetariums, climatrons and other | ||||||
26 | edifices for the collection and
display of objects pertaining |
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1 | to natural history or the arts and sciences
and to permit the | ||||||
2 | directors or trustees of any corporation or society
organized | ||||||
3 | for the erection, construction, maintenance and operation of an
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4 | aquarium, museum, planetarium, climatron or other such edifice | ||||||
5 | to perform
such erection, construction, maintenance and | ||||||
6 | operation on or within any
property now or hereafter owned by | ||||||
7 | or under the control or supervision of
the District; and to | ||||||
8 | contract with any such directors or trustees relative
to such | ||||||
9 | acquisition, erection, construction, maintenance and operation | ||||||
10 | and
to charge or authorize such directors or trustees to charge | ||||||
11 | an admission
fee, the proceeds of which shall be devoted | ||||||
12 | exclusively to such erection,
construction, maintenance and | ||||||
13 | operation;
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14 | (p) To do any act which is enumerated in Section 11-74.1-1 | ||||||
15 | of the
"Illinois Municipal Code", in the same manner and form | ||||||
16 | as though the
District were a "municipality" as referred to in | ||||||
17 | such Section;
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18 | (q) To acquire, erect, construct, reconstruct, improve, | ||||||
19 | maintain and
operate one or more, or a combination or | ||||||
20 | combinations of, industrial
buildings, office buildings, | ||||||
21 | buildings to be used as a factory, mill shops,
processing | ||||||
22 | plants, packaging plants, assembly plants, fabricating plants,
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23 | and buildings to be used as warehouses and other storage | ||||||
24 | facilities.
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25 | (r) To acquire, own, construct, lease or contract for any | ||||||
26 | period not
exceeding 99
years, operate, develop, and maintain |
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1 | Port District water and sewage systems
and other
utility | ||||||
2 | systems and services, including, but not limited to, pipes, | ||||||
3 | mains,
lines, sewers,
pumping stations, settling tanks, | ||||||
4 | treatment plants, water purification
equipment, wells,
storage | ||||||
5 | facilities, lines, and all other equipment, material, and | ||||||
6 | facilities
necessary to those
systems, for the use, upon | ||||||
7 | payment of reasonable fee set by the District, of
any tenant,
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8 | occupant, or user of the District facilities or any person | ||||||
9 | engaged in commerce
in the
District; provided that the District | ||||||
10 | shall not acquire, own, construct, lease,
operate,
develop, and | ||||||
11 | maintain the systems and services if those systems and
services | ||||||
12 | can be
provided by an investor-owned public utility offering | ||||||
13 | electric or gas services.
The public
utility shall provide the | ||||||
14 | District with a written response, within 30 days
after | ||||||
15 | receiving a
written request from the District for those systems | ||||||
16 | or services, stating
whether it will or
will not be able to | ||||||
17 | provide the requested systems or services in accordance
with | ||||||
18 | the Public
Utilities
Act.
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19 | (Source: P.A. 90-785, eff. 1-1-99.)
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20 | (70 ILCS 1830/14) (from Ch. 19, par. 514)
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21 | Sec. 14. The District has power to acquire and accept by | ||||||
22 | purchase, lease,
gift, grant or otherwise any property and | ||||||
23 | rights useful for its purposes
and to provide for the | ||||||
24 | development of channels, ports, harbors, airports,
airfields, | ||||||
25 | terminals, port facilities, terminal facilities, trails, and |
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1 | other
transportation facilities within the Port District | ||||||
2 | adequate to serve the
needs of commerce within the area served | ||||||
3 | by the Port District. The Port
District may acquire real or | ||||||
4 | personal property or any rights therein in the
manner, as near | ||||||
5 | as may be, as is provided for the
exercise of the right of | ||||||
6 | eminent domain under the Eminent Domain Act, except that no | ||||||
7 | property owned by any
municipality within the Port District | ||||||
8 | shall be taken or appropriated
without first obtaining consent | ||||||
9 | of the governing body of such municipality.
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10 | (Source: P.A. 94-1055, eff. 1-1-07.)
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11 | (70 ILCS 1830/20.2)
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12 | Sec. 20.2. Authorization to borrow moneys. The District's | ||||||
13 | Board may borrow
money from any bank or other financial | ||||||
14 | institution and may provide appropriate
security , including | ||||||
15 | mortgaging real estate, for that borrowing, if the money is | ||||||
16 | repaid within 20 3 years after the
money is borrowed. | ||||||
17 | "Financial institution" means any bank subject to the
Illinois | ||||||
18 | Banking Act, any savings and loan association subject to the | ||||||
19 | Illinois
Savings and Loan Act of 1985, any savings bank subject | ||||||
20 | to the Savings Bank Act,
and any federally chartered commercial | ||||||
21 | bank or savings and loan association
organized and operated in | ||||||
22 | this State pursuant to the laws of the United States.
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23 | (Source: P.A. 94-562, eff. 1-1-06.)
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24 | Section 99. Effective date. This Act takes effect upon |
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1 | becoming law.".
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