093_HB1475enr HB1475 Enrolled LRB093 09906 BDD 10156 b 1 AN ACT concerning port districts. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Heart of Illinois Regional Port District Act. 6 Section 5. Definitions. In this Act: 7 "Airport" means any locality, either land or water, that 8 is used or designed for the landing and taking off of 9 aircraft or for the location of runways, landing fields, 10 airdromes, hangars, buildings, structures, airport roadways, 11 and other facilities. 12 "Board" means Heart of Illinois Regional Port District 13 Board. 14 "District" means the Heart of Illinois Regional Port 15 District created by this Act. 16 "Governmental agency" means the United States, the State 17 of Illinois, any local governmental body, and any agency or 18 instrumentality, corporate or otherwise, thereof. 19 "Governor" means the Governor of the State of Illinois. 20 "Intermodal" means a type of international freight system 21 that permits transshipping among sea, highway, rail, and air 22 modes of transportation through use of ANSI/International 23 Organization for Standardization containers, line haul 24 assets, and handling equipment. 25 "Navigable waters" mean any public waters that are or can 26 be made usable for water commerce. 27 "Person" means any individual, firm, partnership, trust, 28 corporation, both domestic and foreign, company, association, 29 or joint stock association and includes any trustee, 30 receiver, assignee, or personal representative thereof. 31 "Port facilities" mean all public and other buildings, HB1475 Enrolled -2- LRB093 09906 BDD 10156 b 1 structures, works, improvements, and equipment, except 2 terminal facilities as defined in this Section, that are 3 upon, in, over, under, adjacent, or near to navigable waters, 4 harbors, slips, and basins and that are necessary or useful 5 for or incident to the furtherance of water and land commerce 6 and the operation of small boats and pleasure craft. "Port 7 facilities" includes the widening and deepening of basins, 8 slips, harbors, and navigable waters. "Port facilities" also 9 mean all lands, buildings, structures, improvements, 10 equipment, and appliances located on district property that 11 are used for industrial, manufacturing, commercial, or 12 recreational purposes. 13 "Terminal" means a public place, station, depot, or area 14 for receiving and delivering articles, commodities, baggage, 15 mail, freight, or express matter and for any combination of 16 those purposes in connection with the transportation and 17 movement by water and land of persons and property. 18 "Terminal facilities" mean all lands, buildings, 19 structures, improvements, equipment, and appliances useful in 20 the operation of public warehouse, storage, and 21 transportation facilities for water and land commerce and for 22 handling, docking, storing, and servicing small boats and 23 pleasure craft. 24 Section 10. Heart of Illinois Regional Port District 25 created. There is created a political subdivision, body 26 politic, and municipal corporation by the name of the Heart 27 of Illinois Regional Port District embracing all the area 28 within the corporate limits of Peoria, Fulton, Tazewell, 29 Woodford, and Marshall Counties and embracing the corporate 30 limits of Mason County except for Havana Township. Territory 31 may be annexed to the district in the manner provided in this 32 Act. The district may sue and be sued in its corporate name 33 but execution shall not in any case issue against any HB1475 Enrolled -3- LRB093 09906 BDD 10156 b 1 property of the district. It may adopt a common seal and 2 change the same at its pleasure. 3 Section 15. Property of district; exemption. All 4 property of every kind belonging to the Heart of Illinois 5 Regional Port District shall be exempt from taxation, 6 provided that a tax may be levied upon a lessee of the 7 district by reason of the value of a leasehold estate 8 separate and apart from the fee or upon any improvements that 9 are constructed and owned by others than the district. 10 All property of the Heart of Illinois Regional Port 11 District shall be construed as constituting public grounds 12 owned by a municipal corporation and used exclusively for 13 public purposes within the tax exemption provisions of 14 Sections 15-10, 15-15, 15-20, 15-30, 15-75, 15-140, 15-155, 15 and 15-160 of the Property Tax Code. 16 Section 20. Duties. The port district shall have all of 17 the following duties: 18 (a) To study the existing harbor plans within the area 19 of the district and to recommend to the appropriate 20 governmental agency, including the General Assembly of 21 Illinois, any changes and modifications that may from time to 22 time be required by continuing development and to meet 23 changing business and commercial needs. 24 (b) To make an investigation of conditions within the 25 area of the district and to prepare and adopt a comprehensive 26 plan for the development of port facilities and intermodal 27 facilities for the district. In preparing and recommending 28 changes and modifications in existing harbor plans or a 29 comprehensive plan for the development of port facilities and 30 intermodal facilities, the district may, if it deems 31 desirable, set aside and allocate an area or areas within the 32 lands held by it to be used and operated by the district or HB1475 Enrolled -4- LRB093 09906 BDD 10156 b 1 leased to private parties for industrial, manufacturing, 2 commercial, recreational, or harbor purposes, where the area 3 or areas are not, in the opinion of the district, required 4 for its primary purposes in the development of intermodal, 5 harbor, and port facilities for the use of public water and 6 land transportation, or will not be immediately needed for 7 those purposes, and where the use and operation or leasing 8 will in the opinion of the district aid and promote the 9 development of intermodal, terminal, and port facilities. 10 (c) To study and make recommendations to the proper 11 authority for the improvement of terminal, lighterage, 12 wharfage, warehousing, transfer, and other facilities 13 necessary for the promotion of commerce and the interchange 14 of traffic within, to, and from the district. 15 (d) To study, prepare, and recommend by specific 16 proposals to the General Assembly changes in the jurisdiction 17 of the district. 18 (e) To petition any federal, State, municipal, or local 19 authority, administrative, judicial, and legislative, having 20 jurisdiction in the district for the adoption and execution 21 of any physical improvement, change in method, system of 22 handling freight, warehousing, docking, lightering, and 23 transfer of freight that, in the opinion of the district, may 24 be designed to improve or better the handling of commerce in 25 and through the district or improve terminal or 26 transportation facilities within the district. 27 (f) To foster, stimulate, and promote the shipment of 28 cargoes and commerce through ports, whether originating 29 within or without the State of Illinois. 30 (g) To acquire, construct, own, lease, and develop 31 terminals, wharf facilities, piers, docks, warehouses, bulk 32 terminals, grain elevators, tug boats, and other harbor 33 crafts, and any other port facility or port-related facility 34 or service that it finds necessary and convenient. HB1475 Enrolled -5- LRB093 09906 BDD 10156 b 1 (h) To perform any other act or function that may tend 2 to or be useful toward development and improvement of 3 harbors, sea ports, and port-related facilities and services 4 and to increase foreign and domestic commerce through the 5 harbors and ports within the port district. 6 (i) To study and make recommendations for river 7 resources management and environmental education within the 8 district, including but not limited to, wetlands banks, 9 mitigation areas, water retention and sedimentation areas, 10 fish hatcheries, or wildlife sanctuaries, natural habitat, 11 and native plant research. 12 Section 25. Changes in harbor plans. Any changes and 13 modifications in harbor plans within the area of the port 14 district from time to time recommended by the district or any 15 comprehensive plan for the development of the port facilities 16 adopted by the district, under the authority granted by this 17 Act, shall be submitted to the Department of Natural 18 Resources for approval and approval by the Department shall 19 be conclusive evidence, for all purposes, that these changes 20 and modifications conform to the provisions of this Act. 21 Section 30. Rights and powers. The port district shall 22 have the following rights and powers: 23 (a) To issue permits for the construction of all 24 wharves, piers, dolphins, booms, weirs, breakwaters, 25 bulkheads, jetties, bridges, or other structures of any kind 26 over, under, in, or within 40 feet of any navigable waters 27 within the district; for the deposit of rock, earth, sand, or 28 other material; or for any matter of any kind or description 29 in those waters; 30 (b) To prevent or remove obstructions, including the 31 removal of wrecks; 32 (c) To locate and establish dock lines and shore or HB1475 Enrolled -6- LRB093 09906 BDD 10156 b 1 harbor lines; 2 (d) To acquire, own, construct, sell, lease, operate, 3 and maintain port and harbor, water, and land terminal 4 facilities and, subject to the provisions of Section 35, to 5 operate or contract for the operation of those facilities, 6 and to fix and collect just, reasonable, and 7 non-discriminatory charges, rentals, or fees for the use of 8 those facilities. The charges, rentals, or fees so collected 9 shall be made available to defray the reasonable expenses of 10 the district and to pay the principal of and interest on any 11 revenue bonds issued by the district; 12 (e) To enter into any agreement or contract with any 13 airport for the use of airport facilities to the extent 14 necessary to carry out any of the purposes of the district; 15 (f) To the extent authorized by the Intergovernmental 16 Cooperation Act, to enter into any agreements with any other 17 public agency of this State, including other port districts; 18 (g) To the extent authorized by any interstate compact, 19 to enter into agreements with any other state or unit of 20 local government of any other state; and 21 (h) To enter into contracts dealing in any manner with 22 the objects and purposes of this Act. 23 Section 35. Contracts for the operation of warehouses 24 and storage facilities. Any public warehouse or other public 25 storage facility owned or otherwise controlled by the 26 district shall be operated by persons under contracts with 27 the district. Any contract shall reserve reasonable rentals 28 or other charges payable to the district sufficient to pay 29 the cost of maintaining, repairing, regulating, and operating 30 the facilities and to pay the principal of and interest on 31 any revenue bonds issued by the district and may contain any 32 other conditions that may be mutually agreed upon. However, 33 upon the breach of a contract or if no contract is in HB1475 Enrolled -7- LRB093 09906 BDD 10156 b 1 existence as to any facility, the district shall temporarily 2 operate the facility until a contract for its operation can 3 be negotiated. 4 Section 40. Procedure for leases or contracts for 5 operation of warehouses and storage facilities. All leases or 6 other contracts for operation of any public warehouse or 7 public grain elevator to which this Section is applicable 8 owned or otherwise controlled by the district shall be 9 governed by the following procedures. Notice shall be given 10 by the district that bids will be received for the operation 11 of the public warehouse or public grain elevator. This notice 12 shall state the time within which and the place where bids 13 may be submitted, the time and place of opening of bids, and 14 shall be published not more than 30 days nor less than 15 15 days in advance of the first day for the submission of bids 16 in any one or more newspapers designated by the district that 17 have a general circulation within the district. The notice 18 shall specify sufficient data of the proposed operation to 19 enable bidders to understand the scope of the operation; 20 provided, however, that contracts that by their nature are 21 not adapted to award by competitive bidding, such as 22 contracts for the services of individuals possessing a high 23 degree of personal skill, contracts for the purchase or 24 binding of magazines, books, periodicals, pamphlets, reports, 25 and similar articles, and contracts for utility services such 26 as water, light, heat, telephone, or telegraph, shall not be 27 subject to the competitive bidding requirements of this 28 Section, but may not be awarded without the affirmative vote 29 of 3/5ths of the Board. 30 The Board may, by ordinance, promulgate reasonable 31 regulations prescribing the qualifications of the bidders as 32 to experience, adequacy of equipment, ability to complete 33 performance within the time set, and other factors in HB1475 Enrolled -8- LRB093 09906 BDD 10156 b 1 addition to financial responsibility, and may, by ordinance, 2 provide for suitable performance guaranties to qualify a bid. 3 Copies of all regulations shall be made available to all 4 bidders. 5 The district may determine in advance the minimum rental 6 that should be produced by the public warehouse or public 7 grain elevator offered and, if no qualified bid will produce 8 the minimum rental, all bids may be rejected and the district 9 shall then readvertise for bids. If after the readvertisement 10 no responsible and satisfactory bid within the terms of the 11 advertisement is received, the district may then negotiate a 12 lease for not less than the amount of minimum rental so 13 determined. If, after negotiating for a lease as provided in 14 this Section, it is found necessary to revise the minimum 15 rental to be produced by the facilities offered for lease, 16 then the district shall again readvertise for bids, as 17 provided in this Section, before negotiating a lease. 18 If the district shall temporarily operate any public 19 warehouse or public grain elevator as provided in Section 35, 20 the temporary operation shall not continue for more than one 21 year without advertising for bids for the operation of the 22 facility as provided in this Section. 23 Section 45. Obligations for expenses not to be incurred 24 until appropriations made. Unless and until the revenues from 25 operations conducted by the district are adequate to meet all 26 expenditures or unless and until otherwise determined by an 27 act of the General Assembly, the district shall not incur any 28 obligations for salaries, office, or administrative expenses 29 before the making of appropriations to meet those expenses. 30 Section 50. Acquisition of property. 31 (a) The district shall have power to acquire and accept 32 by purchase, lease, gift, grant, or otherwise any and all HB1475 Enrolled -9- LRB093 09906 BDD 10156 b 1 real property, whether a fee simple absolute or a lesser 2 estate, and personal property either within or without its 3 corporate limits or any right that may be useful for its 4 purposes and to provide for the development of adequate 5 channels, ports, harbors, terminals, port facilities, 6 intermodal facilities, and terminal facilities adequate to 7 serve the needs of commerce within the district. The district 8 shall have the right to grant easements and permits for the 9 use of any real property, rights of way, or privileges that, 10 in the opinion of the Board, will not interfere with the use 11 of the district's property by the district for its primary 12 purposes and the easements and permits may contain any 13 conditions and retain any interest therein that may be deemed 14 for the best interest of the district by the Board. 15 (b) Any property or facility shall be leased or 16 operated, if at all, only by 2 or more unrelated contracting 17 parties in parcels that are as nearly equal in all respects 18 as practicable unless the Board determines that it is in the 19 best interest of the district to lease the property or 20 facility to a single contracting party. 21 The district, subject to the public bid requirements 22 prescribed in Section 40 with respect to public warehouses or 23 public grain elevators, may lease to others for any period of 24 time not to exceed 99 years upon any terms that the Board may 25 determine any of its real property, rights of way, or 26 privileges, any interest therein, or any part thereof for 27 industrial, manufacturing, commercial, recreational, or 28 harbor purposes, that is in the opinion of the Board no 29 longer required for its primary purposes in the development 30 of port, intermodal, and harbor facilities or that may not be 31 immediately needed for those purposes. Where the leases will 32 in the opinion of the Board aid and promote those purposes, 33 and in conjunction with those leases, the district may grant 34 rights of way and privileges across the property of the HB1475 Enrolled -10- LRB093 09906 BDD 10156 b 1 district, which rights of way and privileges may be 2 assignable and irrevocable during the term of any lease and 3 may include the right to enter upon the property of the 4 district to do any things that may be necessary for the 5 enjoyment of the leases, rights of way, and privileges and 6 the leases may contain any conditions and retain any interest 7 that may be deemed for the best interest of the district by 8 the Board. 9 With respect to any and all leases, easements, rights of 10 way, privileges, and permits made or granted by the Board, 11 the Board may agree upon and collect the rentals, charges, 12 and fees that may be deemed for the best interest of the 13 district by the Board. The rentals, charges, and fees shall 14 be used to defray the reasonable expenses of the district and 15 to pay the principal of and interest on any revenue bonds 16 issued by the district. 17 (c) The district may dedicate to the public for highway 18 purposes any of its real property and those dedications may 19 be subject to any conditions and the retention of any 20 interest that may be deemed for the best interest of the 21 district by the Board. 22 (d) The district may sell, convey, or operate any of its 23 buildings, structures, or other improvements located upon 24 district property that may be deemed in the best interest of 25 the district by the Board. 26 Section 55. Grants, loans, and appropriations. The 27 district has power to apply for and accept grants, loans, or 28 appropriations from the federal government or any agency or 29 instrumentality thereof or the State of Illinois or any 30 agency or instrumentality thereof to be used for any of the 31 purposes of the district and to enter into any agreement with 32 the federal government, the State of Illinois, or any agency 33 or instrumentality thereof in relation to the grants, loans, HB1475 Enrolled -11- LRB093 09906 BDD 10156 b 1 or appropriations. 2 Section 60. Foreign trade zones and sub-zones. The 3 district has power to apply to the proper authorities of the 4 United States of America under the appropriate law for the 5 right to establish, operate, maintain, and lease foreign 6 trade zones and sub-zones within the jurisdiction of the 7 United States Customs Service and to establish, operate, 8 maintain, and lease the foreign trade zones and sub-zones. 9 Section 65. Insurance contracts. The district has power 10 to procure and enter into contracts for any type of insurance 11 and indemnity against loss or damage to property from any 12 cause, including loss of use and occupancy, against death or 13 injury of any person, against employers' liability, against 14 any act of any member, officer, or employee of the Board or 15 of the district in the performance of the duties of his or 16 her office or employment or any other insurable risk. 17 Section 70. Borrowing money; revenue bonds. 18 (a) The district has the continuing power to borrow 19 money for the purpose of acquiring, constructing, 20 reconstructing, extending, operating, or improving terminals, 21 terminal facilities, intermodal facilities, and port 22 facilities; for acquiring any property and equipment useful 23 for the construction, reconstruction, extension, improvement, 24 or operation of its terminals, terminal facilities, 25 intermodal facilities, and port facilities; and for acquiring 26 necessary cash working funds. For the purpose of evidencing 27 the obligation of the district to repay any money borrowed, 28 the district may, by ordinances adopted by the Board from 29 time to time, issue and dispose of its interest bearing 30 revenue bonds, notes, or certificates and may also from time 31 to time issue and dispose of its interest bearing revenue HB1475 Enrolled -12- LRB093 09906 BDD 10156 b 1 bonds, notes, or certificates to refund any bonds, notes, or 2 certificates at maturity or by redemption provisions or at 3 any time before maturity with the consent of the holders 4 thereof. 5 (b) All bonds, notes, and certificates shall be payable 6 solely from the revenues or income to be derived from the 7 terminals, terminal facilities, intermodal facilities, and 8 port facilities or any part thereof; may bear any date or 9 dates; may mature at any time or times not exceeding 40 years 10 from their respective dates; may bear interest at any rate or 11 rates payable semiannually; may be in any form; may carry any 12 registration privileges; may be executed in any manner; may 13 be payable at any place or places; may be made subject to 14 redemption in any manner and upon any terms, with or without 15 premium that is stated on the face thereof; may be 16 authenticated in any manner; and may contain any terms and 17 covenants as may be provided in the ordinance. The holder or 18 holders of any bonds, notes, certificates, or interest 19 coupons appertaining to the bonds, notes, and certificates 20 issued by the district may bring civil actions to compel the 21 performance and observance by the district or any of its 22 officers, agents, or employees of any contract or covenant 23 made by the district with the holders of those bonds, notes, 24 certificates, or interest coupons and to compel the district 25 and any of its officers, agents, or employees to perform any 26 duties required to be performed for the benefit of the 27 holders of any bonds, notes, certificates, or interest 28 coupons by the provision in the ordinance authorizing their 29 issuance, and to enjoin the district and any of its officers, 30 agents, or employees from taking any action in conflict with 31 any such contract or covenant, including the establishment of 32 charges, fees, and rates for the use of facilities as 33 provided in this Act. Notwithstanding the form and tenor of 34 any bonds, notes, or certificates and in the absence of any HB1475 Enrolled -13- LRB093 09906 BDD 10156 b 1 express recital on the face thereof that it is nonnegotiable, 2 all bonds, notes, and certificates shall be negotiable 3 instruments. Pending the preparation and execution of any 4 bonds, notes, or certificates, temporary bonds, notes, or 5 certificates may be issued with or without interest coupons 6 as may be provided by ordinance. 7 (c) The bonds, notes, or certificates shall be sold by 8 the corporate authorities of the district in any manner that 9 the corporate authorities shall determine, except that if 10 issued to bear interest at the minimum rate permitted by the 11 Bond Authorization Act, the bonds shall be sold for not less 12 than par and accrued interest and except that the selling 13 price of bonds bearing interest at a rate less than the 14 maximum rate permitted in that Act shall be such that the 15 interest cost to the district of the money received from the 16 bond sale shall not exceed such maximum rate annually 17 computed to absolute maturity of said bonds or certificates 18 according to standard tables of bond values. 19 (d) From and after the issue of any bonds, notes, or 20 certificates as provided in this Section, it shall be the 21 duty of the corporate authorities of the district to fix and 22 establish rates, charges, and fees for the use of facilities 23 acquired, constructed, reconstructed, extended, or improved 24 with the proceeds derived from the sale of the bonds, notes, 25 or certificates sufficient at all times with other revenues 26 of the district, if any, to pay (i) the cost of maintaining, 27 repairing, regulating, and operating the facilities and (ii) 28 the bonds, notes, or certificates and interest thereon as 29 they shall become due, all sinking fund requirements, and all 30 other requirements provided by the ordinance authorizing the 31 issuance of the bonds, notes, or certificates or as provided 32 by any trust agreement executed to secure payment thereof. To 33 secure the payment of any or all of bonds, notes, or 34 certificates and for the purpose of setting forth the HB1475 Enrolled -14- LRB093 09906 BDD 10156 b 1 covenants and undertaking of the district in connection with 2 the issuance of those bonds, notes, or certificates and the 3 issuance of any additional bonds, notes, or certificates 4 payable from revenue income to be derived from the terminals, 5 terminal facilities, intermodal facilities, and port 6 facilities the district may execute and deliver a trust 7 agreement or agreements. A lien upon any physical property of 8 the district may be created by the trust agreement. A remedy 9 for any breach or default of the terms of any trust agreement 10 by the district may be by mandamus proceedings in the circuit 11 court to compel performance and compliance with the 12 agreement, but the trust agreement may prescribe by whom or 13 on whose behalf the action may be instituted. 14 Section 75. Bonds not obligations of the State or 15 district. Under no circumstances shall any bonds, notes, or 16 certificates issued by the district or any other obligation 17 of the district be or become an indebtedness or obligation of 18 the State of Illinois or of any other political subdivision 19 of or municipality within the State, nor shall any bond, 20 note, certificate, or obligation be or become an indebtedness 21 of the district within the purview of any constitutional 22 limitation or provision. It shall be plainly stated on the 23 face of each bond, note, and certificate that it does not 24 constitute an indebtedness or obligation but is payable 25 solely from the revenues or income of the district. 26 Section 80. Revenue bonds as legal investments. The 27 State and all counties, cities, villages, incorporated towns 28 and other municipal corporations, political subdivisions, 29 public bodies, and public officers of any thereof; all banks, 30 bankers, trust companies, savings banks and institutions, 31 building and loan associations, savings and loan 32 associations, investment companies, and other persons HB1475 Enrolled -15- LRB093 09906 BDD 10156 b 1 carrying on a banking business; all insurance companies, 2 insurance associations, and other persons carrying on an 3 insurance business; and all executors, administrators, 4 guardians, trustees, and their fiduciaries may legally invest 5 any sinking funds, moneys, or other funds belonging to them 6 or within their control in any bonds, notes, or certificates 7 issued under this Act. It is the purpose of this Section to 8 authorize the investment in bonds, notes, or certificates of 9 all sinking, insurance, retirement, compensation, pension, 10 and trust funds, whether owned or controlled by private or 11 public persons or officers; provided, however, that nothing 12 contained in this Section may be construed as relieving any 13 person from any duty of exercising reasonable care in 14 selecting securities for purchase or investment. 15 Section 90. Permits. It shall be unlawful to make any 16 fill or deposit of rock, earth, sand, or other material, or 17 any refuse matter of any kind or description, or build or 18 commence the building of any wharf, pier, dolphin, boom, 19 weir, breakwater, bulkhead, jetty, bridge, or other structure 20 over, under, in, or within 40 feet of any navigable waters 21 within the district without first submitting the plans, 22 profiles, and specifications for it, and any other data and 23 information that may be required, to the district and 24 receiving a permit. Any person, corporation, company, city or 25 municipality, or other agency that does any of the things 26 prohibited in this Section without securing a permit is 27 guilty of a Class A misdemeanor. Any structure, fill, or 28 deposit erected or made in any of the public bodies of water 29 within the district in violation of the provisions of this 30 Section is declared to be a purpresture and may be abated as 31 such at the expense of the person, corporation, company, 32 city, municipality, or other agency responsible for it. If in 33 the discretion of the district it is decided that the HB1475 Enrolled -16- LRB093 09906 BDD 10156 b 1 structure, fill, or deposit may remain, the district may fix 2 any rule, regulation, requirement, restrictions, or rentals 3 or require and compel any changes, modifications, and repairs 4 that shall be necessary to protect the interest of the 5 district. 6 Section 100. Heart of Illinois Regional Port District 7 Board; compensation. The governing and administrative body of 8 the district shall be a board consisting of 9 members, to be 9 known as the Heart of Illinois Regional Port District Board. 10 Members of the Board shall be residents of a county whose 11 territory, in whole or in part, is embraced by the district 12 and persons of recognized business ability. The members of 13 the Board shall not receive compensation for their services. 14 Each member shall be reimbursed for actual expenses incurred 15 in the performance of his or her duties. Any person who is 16 appointed to the office of secretary or treasurer of the 17 Board may receive compensation for services as an officer, as 18 determined by the Board. No member of the Board or employee 19 of the district shall have any private financial interest, 20 profit, or benefit in any contract, work, or business of the 21 district or in the sale or lease of any property to or from 22 the district. 23 Section 105. Board; appointments; terms of office; 24 certification and oath. The Governor, by and with the advice 25 and consent of the Senate, shall appoint 3 members of the 26 Board. Of the 3 members appointed by the Governor, at least 27 one must be a member of a labor organization, as defined in 28 Section 3 of the Workplace Literacy Act. If the Senate is in 29 recess when the appointment is made, the Governor shall make 30 a temporary appointment until the next meeting of the Senate. 31 The county board chairmen of Tazewell, Woodford, Peoria, 32 Marshall, Mason, and Fulton Counties shall each appoint one HB1475 Enrolled -17- LRB093 09906 BDD 10156 b 1 member of the Board with the advice and consent of their 2 respective county boards. Of the members initially appointed, 3 the 3 appointed by the Governor shall be appointed for 4 initial terms expiring June 1, 2009, and the 6 appointed by 5 their county board chairmen shall be appointed for initial 6 terms expiring June 1, 2010. All vacancies shall be filled in 7 a like manner and with like regard to the place of residence 8 of the appointee. After the expiration of initial terms, a 9 successor shall hold office for the term of 6 years beginning 10 the first day of June of the year in which the term of office 11 commences. The Governor and the respective county board 12 chairmen shall certify their appointments to the Secretary of 13 State. Within 30 days after certification of appointment, and 14 before entering upon the duties of his office, each member of 15 the Board shall take and subscribe the constitutional oath of 16 office and file it in the office of the Secretary of State. 17 Section 110. Resignation and removal of Board members; 18 vacancies. Members of the Board shall hold office until their 19 respective successors have been appointed and qualified. Any 20 member may resign from his or her office, to take effect when 21 his or her successor has been appointed and has qualified. 22 The Governor and the county boards may remove any member of 23 the Board appointed by them in case of incompetency, neglect 24 of duty, or malfeasance in office. They shall give the member 25 a copy of the charges against him or her and an opportunity 26 to be publicly heard in person or by counsel in his or her 27 own defense upon not less than 10 days' notice. In case of 28 failure to qualify within the time required, of abandonment 29 of office, or of death, conviction of a crime, or removal 30 from office, the office shall become vacant. Each vacancy 31 shall be filled for the unexpired term by appointment in like 32 manner, and with like regard as to the place of residence of 33 the appointee, as in case of expiration of the term of a HB1475 Enrolled -18- LRB093 09906 BDD 10156 b 1 member of the Board. 2 Section 115. Organization of the Board. As soon as 3 possible after the appointment of the initial members, the 4 Board shall organize for the transaction of business, select 5 a chairperson and a temporary secretary from its own number, 6 and adopt by-laws and regulations to govern its proceedings. 7 The initial chairperson and successors shall be elected by 8 the Board from time to time for the term of his or her office 9 as a member of the Board or for the term of 3 years, 10 whichever is shorter. 11 Section 120. Meetings; ordinances and resolutions; 12 public records. Regular meetings of the Board shall be held 13 at least once in each calendar month, the time and place of 14 the meeting to be fixed by the Board. Five members of the 15 Board shall constitute a quorum for the transaction of 16 business. All action of the Board shall be by ordinance or 17 resolution and the affirmative vote of at least 5 members 18 shall be necessary for the adoption of any ordinance or 19 resolution. All ordinances and resolutions before taking 20 effect shall be approved by the chairperson of the Board. If 21 the chairperson shall approve the ordinance or resolution, he 22 or she shall sign it. Those ordinances or resolutions the 23 chairperson shall not approve the chairperson shall return to 24 the Board with his or her objections in writing at the next 25 regular meeting of the Board occurring after the passage of 26 the ordinances or resolutions. If the chairperson shall fail 27 to return any ordinance or resolution with his or her 28 objections by the time required in this Section, he or she 29 shall be deemed to have approved it and it shall take effect 30 accordingly. Upon the return of any ordinance or resolution 31 by the chairperson with his or her objections, the vote by 32 which the ordinance or resolution was passed shall be HB1475 Enrolled -19- LRB093 09906 BDD 10156 b 1 reconsidered by the Board. If upon reconsideration the 2 ordinance or resolution is passed by the affirmative vote of 3 at least 6 members, it shall go into effect notwithstanding 4 the veto of the chairperson. All ordinances, resolutions, all 5 proceedings of the district, and all documents and records in 6 its possession shall be public records, and open to public 7 inspection, except any documents and records that shall be 8 kept or prepared by the Board for use in negotiations, 9 actions, or proceedings to which the district is a party. 10 Section 125. Secretary and treasurer; oath and bond. The 11 Board shall appoint a secretary and a treasurer who need not 12 be members of the Board to hold office during the pleasure of 13 the Board. The Board shall fix their duties and compensation. 14 Before entering upon the duties of their respective offices, 15 they shall take and subscribe the constitutional oath of 16 office and the treasurer shall execute a bond with corporate 17 sureties to be approved by the Board. The bond shall be 18 payable to the district in whatever penal sum may be directed 19 by the Board conditioned upon the faithful performance of the 20 duties to the office and the payment of all money received by 21 him or her according to law and the orders of the Board. The 22 Board may, at any time, require a new bond from the treasurer 23 in any penal sum that may be determined by the Board. The 24 obligation of the sureties shall not extend to any loss 25 sustained by the insolvency, failure, or closing of any 26 savings and loan association or national or State bank 27 wherein the treasurer has deposited funds if the bank or 28 savings and loan association has been approved by the Board 29 as a depositary for those funds. The oaths of office and the 30 treasurer's bond shall be filed in the principal office of 31 the district. 32 Section 130. Deposits; checks or drafts. HB1475 Enrolled -20- LRB093 09906 BDD 10156 b 1 (a) All funds deposited by the treasurer in any bank or 2 savings and loan association shall be placed in the name of 3 the district and shall be withdrawn or paid out only by check 4 or draft upon the bank or savings and loan association, 5 signed by the treasurer and countersigned by the chairperson 6 of the Board. The Board may designate any of its members or 7 any officer or employee of the district to affix the 8 signature of the chairperson and another to affix the 9 signature of the treasurer to any check or draft for payment 10 of salaries or wages and for payment of any other obligation 11 of not more than $10,000. 12 No bank or savings and loan association shall receive 13 public funds as permitted by this Section unless it has 14 complied with the requirements established under Section 6 of 15 the Public Funds Investment Act. 16 (b) In case any officer whose signature appears upon any 17 check or draft issued under this Act ceases to hold his or 18 her office before the delivery of the check or draft to the 19 payee, his or her signature nevertheless shall be valid and 20 sufficient for all purposes with the same effect as if he or 21 she had remained in office until delivery of the check or 22 draft. 23 Section 135. Prompt payment. Purchases made under this 24 Act shall be made in compliance with the Local Government 25 Prompt Payment Act. 26 Section 140. Executive director, officers, and 27 employees. The Board may appoint an executive director, who 28 shall be a person of recognized ability and business 29 experience, to hold office during the pleasure of the Board. 30 The executive director shall have management of the 31 properties, business, and the employees of the district 32 subject to the general control of the Board; shall direct the HB1475 Enrolled -21- LRB093 09906 BDD 10156 b 1 enforcement of all ordinances, resolutions, rules, and 2 regulations of the Board; and shall perform any other duties 3 that may be prescribed from time to time by the Board. The 4 Board may appoint a general attorney and a chief engineer and 5 shall provide for the appointment of any other officers, 6 attorneys, engineers, consultants, agents, and employees that 7 may be necessary. The Board shall define their duties and 8 require bonds of those that it may designate. 9 The executive director, general attorney, chief engineer, 10 and all other officers provided for under this Section shall 11 be exempt from taking and subscribing any oath of office and 12 shall not be members of the Board. The compensation of the 13 executive director, general attorney, chief engineer, and all 14 other officers, attorneys, consultants, agents, and employees 15 shall be fixed by the Board, subject to the provisions of 16 Section 125 of this Act. 17 Section 145. Fines and penalties. The Board shall have 18 power to pass all ordinances and to make all rules and 19 regulations proper or necessary to carry into effect the 20 powers granted to the district, with any fines or penalties 21 that may be deemed proper. All fines and penalties shall be 22 imposed by ordinances that shall be published in a newspaper 23 of general circulation published in the area embraced by the 24 district. No ordinance shall take effect until 10 days after 25 its publication. 26 Section 150. Report and financial statement. As soon 27 after the end of each fiscal year as may be expedient, the 28 Board shall prepare and print a complete and detailed report 29 and financial statement of its operations and of its assets 30 and liabilities. A reasonably sufficient number of copies of 31 the report shall be printed for distribution to persons 32 interested, upon request, and a copy of the report shall be HB1475 Enrolled -22- LRB093 09906 BDD 10156 b 1 filed with the Governor and the county clerk of each county 2 that is within the area of the district. A copy of the report 3 shall be addressed to and mailed to the mayor and city 4 council or president and board of trustees of each 5 municipality within the area of the district. 6 Section 155. Investigations by the Board. The Board may 7 investigate conditions in which it has an interest within the 8 area of the district; the enforcement of its ordinances, 9 rules, and regulations; and the action, conduct, and 10 efficiency of all officers, agents, and employees of the 11 district. In the conduct of investigations the Board may hold 12 public hearings on its own motion and shall do so on 13 complaint of any municipality within the district. Each 14 member of the Board shall have power to administer oaths and 15 the secretary, by order of the Board, shall issue subpoenas 16 to secure the attendance and testimony of witnesses and the 17 production of books and papers relevant to investigations and 18 to any hearing before the Board or any member of the Board. 19 Any circuit court of this State, upon application of the 20 Board or any member of the Board, may in its discretion 21 compel the attendance of witnesses, the production of books 22 and papers, and giving of testimony before the Board, before 23 any member of the Board, or before any officers' committee 24 appointed by the Board by attachment for contempt or 25 otherwise in the same manner as the production of evidence 26 may be compelled before the court. 27 Section 160. Annexation. Territory that is contiguous to 28 the district and that is not included within any other port 29 district may be annexed to and become a part of the district 30 in the manner provided in Section 165 or 170, whichever is 31 applicable. HB1475 Enrolled -23- LRB093 09906 BDD 10156 b 1 Section 165. Petition for annexation. At least 5% of the 2 legal voters resident within the limits of the proposed 3 addition to the district shall petition the circuit court for 4 a county in which a major part of the district is situated, 5 to cause the question of whether the proposed additional 6 territory shall become a part of the district to be submitted 7 to the legal voters of the proposed additional territory. The 8 petition shall be addressed to the court and shall contain a 9 definite description of the boundaries of the territory to be 10 embraced in the proposed addition. 11 Upon the filing of any petition with the clerk of the 12 court, the court shall fix a time and place for a hearing 13 upon the subject of the petition. 14 Notice shall be given by the court to whom the petition 15 is addressed or by the circuit clerk or sheriff of the county 16 in which the petition is made at the order and direction of 17 the court of the time and place of the hearing upon the 18 subject of the petition at least 20 days before the hearing 19 by at least one publication of the notice in any newspaper 20 having general circulation within the area proposed to be 21 annexed, and by mailing a copy of the notice to the mayor or 22 president of the board of trustees of all cities, villages, 23 and incorporated towns within the district. 24 At the hearing, the district, all persons residing or 25 owning property within the district, and all persons residing 26 in or owning property situated in the area proposed to be 27 annexed to the district may appear and be heard touching upon 28 the sufficiency of the petition. If the court finds that the 29 petition does not comply with the requirements of the law, 30 the court shall dismiss the petition. If the court finds that 31 the petition is sufficient, the court shall certify the 32 petition and the proposition to the proper election officials 33 who shall submit the proposition to the voters at an election 34 under the general election law. In addition to the HB1475 Enrolled -24- LRB093 09906 BDD 10156 b 1 requirements of the general election law, the notice of the 2 referendum shall include a description of the area proposed 3 to be annexed to the district. 4 The proposition shall be in substantially the following 5 form: 6 Shall (description of the territory proposed to be 7 annexed) join the Heart of Illinois Regional Port 8 District? 9 The votes shall be recorded as "Yes" or "No". 10 The court shall cause a statement of the result of the 11 referendum to be filed in the records of the court. 12 If a majority of the votes cast upon the question of 13 annexation to the district are in favor of becoming a part of 14 the district, the court shall then enter an order stating 15 that the additional territory shall thenceforth be an 16 integral part of the Heart of Illinois Regional Port District 17 and subject to all of the benefits of service and 18 responsibilities of the district. The circuit clerk shall 19 transmit a certified copy of the order to the circuit clerk 20 of any other county in which any of the territory affected is 21 situated. 22 Section 170. Annexation of territory having no legal 23 voters. If there is territory contiguous to the district that 24 has no legal voters residing within it, a petition to annex 25 the territory signed by all the owners of record of the 26 territory may be filed with the circuit court for the county 27 in which a major part of the district is situated. A time and 28 place for a hearing on the subject of the petition shall be 29 fixed and notice of the hearing shall be given in the manner 30 provided in Section 165. At the hearing any owner of land in 31 the territory proposed to be annexed, the district, and any 32 resident of the district may appear and be heard touching on 33 the sufficiency of the petition. If the court finds that the HB1475 Enrolled -25- LRB093 09906 BDD 10156 b 1 petition satisfies the requirements of this Section, it shall 2 enter an order stating that thenceforth the territory shall 3 be an integral part of the Heart of Illinois Regional Port 4 District and subject to all of the benefits of service and 5 responsibilities of the district. The circuit clerk shall 6 transmit a certified copy of the order of the court to the 7 circuit clerk of any other county in which the annexed 8 territory is situated. 9 Section 172. Disconnection. The registered voters of a 10 county included in the district may petition the State Board 11 of Elections requesting the submission of the question of 12 whether the county should be disconnected from the district 13 to the electors of the county. The petition shall be 14 circulated in the manner required by Section 28-3 of the 15 Election Code and objections thereto and the manner of their 16 disposition shall be in accordance with Section 28-4 of the 17 Election Code. If a petition is filed with the State Board of 18 Elections, signed by not less than 5% of the registered 19 voters of the county or that portion of the county that is 20 within the district, requesting that the question of 21 disconnection be submitted to the electors of the county, the 22 State Board of Elections must certify the question to the 23 proper election authority, which must submit the question at 24 a regular election held at least 78 days after the petition 25 is filed in accordance with the Election Code. 26 The question must be submitted in substantially the 27 following form: 28 Shall (name of county) be disconnected from the 29 Heart of Illinois Regional Port District? 30 The votes must be recorded as "Yes" or "No". If a majority of 31 the electors voting on the question vote in the affirmative, 32 the county or portion of the county that is within the 33 district shall be disconnected from the district. HB1475 Enrolled -26- LRB093 09906 BDD 10156 b 1 Section 175. Administrative Review Law. All final 2 administrative decisions of the Board, shall be subject to 3 judicial review under the provisions of the Administrative 4 Review Law and the rules adopted under that Act. The term 5 "administrative decision" means the same as in Section 3-101 6 of the Code of Civil Procedure. 7 Section 180. Severability. If any provision of this Act 8 or its application to any person or circumstance is held 9 invalid, the invalidity of that provision or application does 10 not affect other provisions or applications of this Act that 11 can be given effect without the invalid provision or 12 application. 13 Section 185. Interference with private facilities. The 14 provisions of this Act shall not be considered as impairing, 15 altering, modifying, repealing, or superseding any of the 16 jurisdiction or powers of the Illinois Commerce Commission or 17 of the Department of Natural Resources under the Rivers, 18 Lakes, and Streams Act. Nothing in this Act or done under its 19 authority shall apply to, restrict, limit, or interfere with 20 the use of any terminal, terminal facility, intermodal 21 facility, or port facility owned or operated by any private 22 person for the storage or handling or transfer of any 23 commodity moving in interstate commerce or the use of the 24 land and facilities of a common carrier or other public 25 utility and the space above that land and those facilities or 26 the right to use that land and those facilities in the 27 business of any common carrier or other public utility, 28 without approval of the Illinois Commerce Commission and 29 without the payment of just compensation to any common 30 carrier or other public utility for damages resulting from 31 any restriction, limitation, or interference. HB1475 Enrolled -27- LRB093 09906 BDD 10156 b 1 Section 190. Non-applicability of conflicting provisions 2 of the Illinois Municipal Code. The provisions of the 3 Illinois Municipal Code shall not be effective within the 4 area of the district insofar as the provisions of that Act 5 conflict with the provisions of this Act or grant 6 substantially the same powers to any municipal corporation 7 that are granted to the district by this Act. 8 Section 999. Effective date. This Act takes effect upon 9 becoming law.