Illinois General Assembly - Full Text of Public Act 099-0507
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Public Act 099-0507





Public Act 099-0507
HB0740 EnrolledLRB099 04545 AWJ 24573 b

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

Effective Date: 6/24/2016