Full Text of SB0342 95th General Assembly
SB0342 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB0342
Introduced 2/7/2007, by Sen. Gary Forby SYNOPSIS AS INTRODUCED: |
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70 ILCS 1850/2.22 new |
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70 ILCS 1850/3 |
from Ch. 19, par. 403 |
70 ILCS 1850/4 |
from Ch. 19, par. 404 |
70 ILCS 1850/4.3 new |
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70 ILCS 1850/5 |
from Ch. 19, par. 405 |
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Amends the Shawneetown Regional Port District Act. Expands the territory of the District to include certain territory in Saline County and Williamson County. Provides that the District has the power to accept property singularly or jointly with other parties (now, the District has the power to accept property). Provides that the District may lease any of its real property, rights of way, or privileges to promote the development of port, harbor, and transportation facilities. Deletes a provision requiring that property leased by the District to others must no longer be required for the District's primary purpose. Limits the powers and duties of the Authority in Saline County and Williamson County to those that are necessary for the construction and operation of rail transportation facilities. Effective immediately.
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A BILL FOR
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SB0342 |
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LRB095 03919 HLH 30869 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Shawneetown Regional Port District Act is | 5 |
| amended by changing Sections 3, 4 and 5 and by adding Sections | 6 |
| 2.22 and 4.3 as follows: | 7 |
| (70 ILCS 1850/2.22 new)
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| Sec. 2.22. "Rail transportation facilities" means all | 9 |
| land, buildings, structures, improvements, equipment, and | 10 |
| appliances useful in the construction and operation of one or | 11 |
| more freight rail lines for the accommodation of, or in | 12 |
| connection with, commerce.
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| (70 ILCS 1850/3) (from Ch. 19, par. 403)
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| Sec. 3. There is created a political subdivision, body | 15 |
| politic, and
municipal corporation by the name of the | 16 |
| Shawneetown Regional Port District
embracing the following | 17 |
| territory in Gallatin county: all of the territory
included in | 18 |
| the civil townships of Upper New Haven Township, Lower New
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| Haven Township, Shawnee Township, Gold Hill Township, Equality | 20 |
| Township,
Eagle Creek Township, and Bowlesville Township; in | 21 |
| Saline County: all of the territory included in the civil | 22 |
| townships of Cottage Township, Harrisburg Township, Raleigh |
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LRB095 03919 HLH 30869 b |
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| Township, and Brushy Township; in Williamson County: all of the | 2 |
| territory included in the civil townships of Corinth Township, | 3 |
| Lake Creek Township, and Herrin Township; and the following | 4 |
| territory
in Hardin county: all of the territory included in | 5 |
| congressional Township
11 South, Range 9 East of the third | 6 |
| principal meridian and in congressional
Township 11 South, | 7 |
| Range 10 East of the third principal meridian.
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| Territory may be annexed to the District in the manner | 9 |
| hereinafter
provided in this Act.
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| The District may sue and be sued in its corporate name but | 11 |
| execution
shall not in any case issue against any property of | 12 |
| the District. It may
adopt a common seal and change the same at | 13 |
| pleasure.
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| (Source: Laws 1961, p. 2975.)
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| (70 ILCS 1850/4) (from Ch. 19, par. 404)
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| Sec. 4. Subject to the limitation of powers provided in | 17 |
| Section 4.3 of this Act, the
The Port District has the | 18 |
| following rights and powers:
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| 1. To issue permits: for the construction of all wharves, | 20 |
| piers,
dolphins, booms, weirs, breakwaters, bulkheads, | 21 |
| jetties, bridges or other
structures of any kind, over, under, | 22 |
| in, or within 40 feet of any navigable
waters within the Port | 23 |
| Districts; for the deposit of rock, earth, sand or
other | 24 |
| material, or any matter of any kind or description in said | 25 |
| waters;
except that nothing contained in this paragraph 1 shall |
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| be construed so
that it will be deemed necessary to obtain a | 2 |
| permit from the District for
the erection, operation or | 3 |
| maintenance of any bridge crossing a waterway
which serves as a | 4 |
| boundary between the State of Illinois and any other
State, | 5 |
| when said erection, operation or maintenance is performed by | 6 |
| any
city within the District;
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| 2. To prevent or remove obstructions in navigable waters, | 8 |
| including the
removal of wrecks;
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| 3. To locate and establish dock lines and shore or harbor | 10 |
| lines;
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| 4. To regulate the anchorage, moorage and speed of water | 12 |
| borne vessels
and to establish and enforce regulations for the | 13 |
| operation of bridges,
except nothing contained in this | 14 |
| paragraph 4 shall be construed to give the
District authority | 15 |
| to regulate the operation of any bridge crossing a
water-way | 16 |
| which serves as a boundary between the State of Illinois and | 17 |
| any
other State, when such operation is performed or to be | 18 |
| performed by any
city within the District;
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| 5. To acquire, own, construct, lease, operate and maintain | 20 |
| terminals,
terminal facilities , rail transportation | 21 |
| facilities, and port facilities, and to fix and collect just,
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| reasonable, and nondiscriminatory charges for the use of such | 23 |
| facilities.
The charges so collected shall be used to defray | 24 |
| the reasonable expenses of
the Port District and to pay the | 25 |
| principal of and interest on any revenue
bonds issued by the | 26 |
| District;
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| 6. To locate, establish and maintain a public airport, | 2 |
| public airports
and public airport facilities within its | 3 |
| corporate limits or within or upon
any body of water adjacent | 4 |
| thereto, and to construct, develop, expand,
extend and improve | 5 |
| any such airport or airport facility;
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| 7. To operate, maintain, manage, lease, sublease, and to | 7 |
| make and enter
into contracts for the use, operation or | 8 |
| management of, and to provide
rules and regulations for, the | 9 |
| operation, management or use of, any public
airport ,
or public | 10 |
| airport facility , or rail transportation facility ;
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| 8. To fix, charge and collect reasonable rentals, tolls, | 12 |
| fees, and
charges for the use of any public airport, or any | 13 |
| part thereof, or any
public airport facility , or rail | 14 |
| transportation facility ;
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| 9. To establish, maintain, extend and improve roadways and | 16 |
| approaches by
land, water or air to any such airport and to | 17 |
| contract or otherwise
provide, by condemnation if necessary, | 18 |
| for the removal of any airport
hazard or the removal or | 19 |
| relocation of all private structures, railways,
mains, pipes, | 20 |
| conduits, wires, poles, and all other facilities and
equipment | 21 |
| which may interfere with the location, expansion, development, | 22 |
| or
improvement of airports or with the safe approach thereto or | 23 |
| takeoff
therefrom by aircraft, and to pay the cost of removal | 24 |
| or relocation; and,
subject to the "Airport Zoning Act", | 25 |
| approved July 17, 1945, as amended, to
adopt, administer and | 26 |
| enforce airport zoning regulations for territory
which is |
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| within its corporate limits or which extends not more than two
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| miles beyond its corporate limits;
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| 10. To restrict the height of any object of natural growth | 4 |
| or structure
or structures within the vicinity of any airport | 5 |
| or within the lines of an
approach to any airport and, when | 6 |
| necessary, for the reduction in the
height of any such existing | 7 |
| object or structure, to enter into an agreement
for such | 8 |
| reduction or to accomplish same by condemnation;
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| 11. To agree with the state or federal governments or with | 10 |
| any public
agency in respect to the removal and relocation of | 11 |
| any object of natural
growth, airport hazard or any structure | 12 |
| or building within the vicinity of
any airport or within an | 13 |
| approach and which is owned or within the control
of such | 14 |
| government or agency and to pay all or an agreed portion of the
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| cost of such removal or relocation;
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| 12. For the prevention of accidents, for the furtherance | 17 |
| and protection
of public health, safety and convenience in | 18 |
| respect to aeronautics, for the
protection of property and | 19 |
| persons within the District from any hazard or
nuisance | 20 |
| resulting from the flight of aircraft, for the prevention of
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| interference between, or collision of, aircraft while in flight | 22 |
| or upon the
ground, for the prevention or abatement of | 23 |
| nuisances in the air or upon the
ground or for the extension of | 24 |
| increase in the usefulness or safety of any
public airport or | 25 |
| public airport facility owned by the District, the
District may | 26 |
| regulate and restrict the flight of aircraft while within or
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| above the incorporated territory of the District;
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| 13. To police its physical property only and all waterways | 3 |
| and to
exercise police powers in respect thereto or in respect | 4 |
| to the enforcement
of any rule or regulation provided by the | 5 |
| ordinances of the District and to
employ and commission police | 6 |
| officers and other qualified persons to
enforce the same. The | 7 |
| use of any such public airport or public airport
facility of | 8 |
| the District shall be subject to the reasonable regulation and
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| control of the District and upon such reasonable terms and | 10 |
| conditions as
shall be established by its Board. A regulatory | 11 |
| ordinance of the District
adopted under any provisions of this | 12 |
| Section may provide for a suspension
or revocation of any | 13 |
| rights or privileges within the control of the
District for a | 14 |
| violation of any such regulatory ordinance. Nothing in this
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| Section or in other provisions of this Act shall be construed | 16 |
| to authorize
the Board to establish or enforce any regulation | 17 |
| or rule in respect to
aviation, or the operation or maintenance | 18 |
| of any airport facility within
its jurisdiction, which is in | 19 |
| conflict with any federal or state law or
regulation applicable | 20 |
| to the same subject matter;
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| 14. To enter into agreements with the corporate authorities | 22 |
| or governing
body of any other municipal corporation or any | 23 |
| political subdivision of
this State to pay the reasonable | 24 |
| expense of services furnished by such
municipal corporation or | 25 |
| political subdivision for or on account of income
producing | 26 |
| properties of the District;
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| 15. To enter into contracts dealing in any manner with the | 2 |
| objects and
purposes of this Act.
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| 16. To acquire, own, lease, sell or otherwise dispose of | 4 |
| interests in
and to real property and improvements situate | 5 |
| thereon and in personal
property necessary to fulfill the | 6 |
| purposes of the District;
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| 17. To designate the fiscal year for the District.
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| 18. To engage in any activity or operation which is | 9 |
| incidental to and in
furtherance of efficient operation to | 10 |
| accomplish the District's primary
purpose.
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| (Source: Laws 1961, p. 2975.)
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| (70 ILCS 1850/4.3 new)
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| Sec. 4.3. Notwithstanding anything in this Act to the | 14 |
| contrary, the powers and duties of the Authority within the | 15 |
| territory of Saline County and Williamson County are limited to | 16 |
| those powers and duties necessary for the construction and | 17 |
| operation of rail transportation facilities.
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| (70 ILCS 1850/5) (from Ch. 19, par. 405)
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| Sec. 5. The District has power to acquire , singularly or | 20 |
| jointly with other parties, and accept by purchase, lease,
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| gift, grant or otherwise any property and rights useful for its | 22 |
| purposes and to
provide for the development of channels, ports, | 23 |
| harbors, airports,
airfields, terminals, port facilities , rail | 24 |
| transportation facilities, and terminal facilities adequate to
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| serve the needs of commerce within the District. The District | 2 |
| may acquire
real or personal property or any rights therein in | 3 |
| the manner, as near as
may be, as is provided for the exercise | 4 |
| of the right
of eminent domain under the Eminent Domain Act; | 5 |
| except that no rights or property of any kind or character now | 6 |
| or
hereafter owned, leased, controlled or operated and used by, | 7 |
| or necessary
for the actual operations of, any common carrier | 8 |
| engaged in interstate
commerce, or of any other public utility | 9 |
| subject to the jurisdiction of the
Illinois Commerce | 10 |
| Commission, shall be taken or appropriated by the
District | 11 |
| without first obtaining the approval of the Illinois Commerce
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| Commission. Notwithstanding the provisions of any other | 13 |
| Section of this
Act, the District shall have full power and | 14 |
| authority to lease any or all
of its facilities for operation | 15 |
| and maintenance to any person for such
length of time and upon | 16 |
| such terms as the District shall deem necessary.
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| Also the District may lease to others for any period of | 18 |
| time, not to
exceed 99 years, upon such terms as its Board may | 19 |
| determine, any of its
real property, rights of way or | 20 |
| privileges, or any interest therein, or any
part thereof, for | 21 |
| industrial, manufacturing, commercial or harbor purposes,
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| which is in the opinion of the Port District Board no longer | 23 |
| required for
its primary purposes in the development of port | 24 |
| and harbor facilities for
the use of public transportation, or | 25 |
| which may not be immediately needed
for such purposes, but
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| where such leases will in the opinion of the Port
District |
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| Board aid and promote the development of port, harbor, and rail | 2 |
| transportation facilities
such purposes , and in conjunction | 3 |
| with such
leases, the District may grant rights of way and | 4 |
| privileges across the
property of the District, which rights of | 5 |
| way and privileges may be
assignable and irrevocable during the | 6 |
| term of any such lease and may
include the right to enter upon | 7 |
| the property of the District to do such
things as may be | 8 |
| necessary for the enjoyment of such leases, rights of way
and | 9 |
| privileges, and such leases may contain such conditions and | 10 |
| retain such
interest therein as may be deemed for the best | 11 |
| interest of the District by
such Board.
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| Also, the District shall have the right to grant easements | 13 |
| and permits
for the use of any such real property, rights of | 14 |
| way or privileges which in
the opinion of the Board will not | 15 |
| interfere with the use thereof by the
District for its primary | 16 |
| purposes and such easements and permits may
contain such | 17 |
| conditions and retain such interest therein as may be deemed
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| for the best interest of the District by the Board.
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| With respect to any and all leases, easements, rights of | 20 |
| way, privileges
and permits made or granted by the Board, the | 21 |
| Board may agree upon and
collect the rentals, charges and fees | 22 |
| that may be deemed for the best
interest of the District. Such | 23 |
| rentals, charges and fees shall be used to
defray the | 24 |
| reasonable expenses of the District and to pay the principal of
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| and interest on any revenue bonds issued by the District.
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| (Source: P.A. 94-1055, eff. 1-1-07.)
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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.
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