2023 Illinois Compiled Statutes › Chapter 45 - INTERSTATE COMPACTS › 45 ILCS 110/ - Bi-State Development Powers Act.

(45 ILCS 110/0.01) (from Ch. 127, par. 63s-8.9)
Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Bi-State Development Powers Act.
(Source: P.A. 86-1324.)
(45 ILCS 110/1) (from Ch. 127, par. 63s-9)
Sec. 1. 
In further effectuation of that certain compact between the
States of Missouri and Illinois heretofore made and entered into on
September 20, 1949, the Bi-State Development Agency, created by and
under the aforesaid compact, is authorized to exercise the following
powers in addition to those heretofore expressly authorized by the
aforesaid compact:
(1) To acquire by gift, purchase or lease, sell or otherwise dispose of,
and to plan, construct,
operate and maintain, or lease to others for operation and maintenance,
airports, wharves, docks, harbors, and industrial
parks adjacent to and necessary and convenient thereto, bridges, tunnels,
warehouses, grain
elevators, commodity and other storage facilities, sewage disposal
plants, passenger transportation facilities, and air, water, rail, motor
vehicle and other terminal or parking facilities;
(2) To acquire by gift, purchase or lease; to plan, construct,
operate, maintain, or lease to or contract with others for operation and
maintenance; or lease, sell or otherwise dispose of to any person, firm
or corporation, subject to such mortgage, pledge or other security
arrangement that the Bi-State Development Agency may require, facilities
for the receiving, transferring, sorting, processing, treatment,
storage, recovery and disposal of refuse or waste, and facilities for
the production, conversion, recovery, storage, use, or use and
sale of refuse
or waste derived resources, fuel or energy and industrial parks adjacent
to and necessary and convenient thereto;
(3) To acquire by gift, purchase or lease, to plan, construct,
operate, maintain, or lease to or contract with others for operation and
maintenance; or lease, sell or otherwise dispose of to any person, firm or
corporation, subject to such mortgage, pledge, or other security
arrangements that the Bi-State Development Agency may require, a
development project described as a world trade center consisting of one or
more buildings, structures, improvements and areas necessary, convenient, or
desirable for the centralized accommodation of functions, activities and
services for or incidental to the transportation of persons, and the
exchange, buying, selling and transporting of commodities and other
property in world trade and commerce, the promotion and protection of such
trade and commerce, government services, including but not limited to
customs houses, customs stores, inspection and appraisal facilities, foreign
trade zone, terminal and transportation facilities, parking areas, offices,
storage, warehouse, marketing and exhibition facilities and other
facilities, and accommodations for persons and property;
(4) To contract with municipalities or other political subdivisions
for the services or use of any facility owned or operated by the
Bi-State Agency, or owned or operated by any such municipality or other
political subdivision.  The Agency is authorized and empowered to
cooperate with the States of Illinois and Missouri, with any municipality,
with the Federal government and with any agency or commission of any one or
more of the foregoing, or with any one or more of them, for and in
connection with the acquisition, clearance, replanning, rehabilitation,
reconstruction or redevelopment of a world trade center area or of any
other area forming part of a development project for the purpose of renewal
and improvement of said area and for any of the purposes of this Act, and
to enter into an agreement or agreements (and from time to time to enter
into agreements amending or supplementing the same) with any such
municipality, commission or agency and with the States of Illinois and
Missouri and with the Federal government, or with any one or more of them,
for or relating to such purposes;
(5) To borrow money for any of the authorized purposes of the
Bi-State Development Agency, and to issue the negotiable notes, bonds or
other instruments in writing of the Bi-State Development Agency in
evidence of the sum or sums so to be borrowed;
(6) To issue negotiable refunding notes, bonds or other instruments
in writing for the purpose of refunding, extending or unifying the whole
or any part of its valid indebtedness from time to time outstanding,
whether evidenced by notes, bonds or other instruments in writing;
(7) To provide that all negotiable notes, bonds or other instruments
in writing issued either pursuant to subparagraph (4) or pursuant to
subparagraph (5) hereof shall be payable, both as to principal and
interest, out of the revenues collected for the use of any facility or
combination of facilities owned or operated or owned and operated by the
Bi-State Development Agency, or out of any other resources of the
Bi-State Development Agency, and may be further secured by a mortgage or
deed of trust upon any property owned by the Bi-State Development
Agency. All notes, bonds or other instruments in writing issued by the
Bi-State Development Agency as herein provided shall mature in not to
exceed 40 years from the date thereof, shall bear interest at a rate not
exceeding 14% per annum, and shall be sold for not less than
95% of the par value thereof.  The Bi-State
Development Agency shall have the power
to prescribe the details of such notes, bonds or other instruments in
writing, and of the issuance and sale thereof, and shall have power to
enter into covenants with the holders of such notes, bonds or other
instruments in writing, not inconsistent with the powers herein granted
to the Bi-State Development Agency, without further legislative
authority;
(8) To condemn any and all rights or property, of any kind or
character, necessary for the purposes of the Bi-State Development
Agency, subject, however, to the provisions of the aforesaid compact;
provided, however, that no rights or property of any kind or character,
now or hereafter owned, leased, controlled, operated or used, in whole
or in part, by any common carrier engaged in interstate commerce, or by
any grain elevator, shall be taken or appropriated by the Bi-State
Development Agency without first obtaining the written consent and
approval of such common carrier or of the owner or operator of such
grain elevator. If the property to be condemned be situated in the State
of Illinois, the said Agency shall follow the procedure of the Act of
the State of Illinois providing for the exercise of the right of eminent
domain, and if the property to be condemned be situated in the State of
Missouri, the said Agency shall follow the procedure provided by the
Laws of the State of Missouri for the appropriation of land or other
property taken for telegraph, telephone or railroad rights-of-way;
(9) To contract and to be contracted with, to enter into limited
partnerships and joint ventures for any purpose authorized by this
compact, and to sue and to be sued
in contract;
(10) To issue bonds for industrial, manufacturing or commercial facilities
located within the Bi-State Metropolitan District upon the security of the
revenue to be derived from such facilities; and, or upon any property held
or to be held by it.
The State of Illinois may not expend any funds for any purpose
connected with the projects authorized pursuant to this amendatory Act of 1985.
(Source: P.A. 96-1520, eff. 2-4-11.)
(45 ILCS 110/1.5)
Sec. 1.5. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
(45 ILCS 110/2) (from Ch. 127, par. 63s-10)
Sec. 2. 
		
		All property, real and personal, owned or held by the Bi-State
Development Agency, and all interest income derived from any notes, bonds
or other instruments in writing issued by the Bi-State Development Agency,
shall possess the same status, with respect to taxation in the State of
Illinois, as is now or may hereafter be possessed by property, real and
personal, owned or held by cities within said State of Illinois, and by the
interest income derived from notes, bonds or other instruments in writing
issued by such cities.
(Source: Laws 1953, p. 1656.)
(45 ILCS 110/3) (from Ch. 127, par. 63s-11)
Sec. 3. 
		
		Any notes, bonds or other instruments in writing issued by the
Bi-State Development Agency pursuant to the provisions of the aforesaid
compact or pursuant to the provisions of this act are hereby recognized
to be securities in which all state and municipal officers and bodies, all
banks, bankers, trust companies, savings banks, savings associations,
building and loan associations, investment companies, and all other persons
carrying on a banking business, all insurance companies, insurance
associations, and other persons carrying on an insurance business, and all
administrators, executors, guardians, trustees and other fiduciaries and
all other persons whatsoever who are now or who may hereafter be authorized
to invest in bonds or other obligations of the State of Illinois may
properly and legally invest any funds, including capital, belonging to
them, or within their control; and the said obligations are hereby
recognized as securities which may properly and legally be deposited with
and shall be received by any state or municipal officer or agency for any
purpose for which the deposit of bonds or other obligations of this state
is now or may hereafter be authorized.
(Source: Laws 1953, p. 1656.)
(45 ILCS 110/4) (from Ch. 127, par. 63s-12)
Sec. 4. 
		
		This act shall take effect as provided by the Constitution of the
State of Illinois, provided that the State of Missouri shall then have
enacted into law legislation having an identical effect with this act. In
the event that legislation of identical effect with this act shall not have
been enacted into law in the State of Missouri on the date when this act
would otherwise become effective in this state, then this act shall not
become effective until such time as such legislation shall have been
enacted into law by the State of Missouri.
(Source: Laws 1953, p. 1656.)
(45 ILCS 110/5) (from Ch. 127, par. 63s-13)
(Text of Section effective January 1, 1992, or when Missouri enacts the
same law, whichever is later.)
Sec. 5. 
		Security Force.
(a) The Bi-State Development Agency shall have the power to
employ or appoint personnel to maintain safety and order and to enforce the
rules and regulations of the agency upon the public mass transportation
system, passenger transportation facilities, conveyances, and other property
that the Agency may own, lease, or operate,
except the Agency may employ peace officers only through contracts with law
enforcement agencies within the bi-state service area.
 The Board of Commissioners of
the Bi-State Development Agency shall determine the qualifications and
duties of such personnel, subject to the limitations set forth in this Section.
(b) All persons designated under subsection (a) by the Bi-State
Development Agency to serve as personnel shall have the power to give
warnings or to issue citations for violations of the rules and regulations
of the Agency and for any violation of the Bi-State Acts (or similar
Missouri laws), to request identification from those violators, and to
remove those violators from the passenger transportation facilities or
other property owned, leased, or operated by the Agency.  In this Section
and Section 6, the "Bi-State Acts" mean the Bi-State Development Compact
Act, the Bi-State Development Agency Act, and the Bi-State Development
Powers Act.  All contracted personnel who
are certified as peace officers shall also have the power to detain and to
make arrests for the purpose of enforcing the rules and regulations of the
Agency and the Bi-State Acts (or similar Missouri laws).  The personnel
designated by the Bi-State Development Agency
under subsection (a) are authorized to use only the equipment that is issued
by the Agency, and only while in the performance of their duties or while
in direct transit to or from a duty assignment on the passenger
transportation facilities and conveyances owned, controlled, or operated by the
Agency.  No personnel shall be issued any weapons that can cause bodily
harm.
(c) The jurisdiction of the personnel designated by the Bi-State
Development Agency under subsection (a) shall be limited to passenger
transportation facilities and conveyances (including bus stops) owned,
controlled, or operated by the Agency, but this restriction shall not limit
the power of those persons to make arrests throughout the area in which the
Agency operates any public mass transportation system for violations
committed upon or against those facilities from within or outside those
facilities while such personnel are in hot or close pursuit of the
violator.  Nothing contained in this Section shall either (i) relieve either
signatory state or any political subdivision or agency of those states from its
duty to provide police, fire, and other public safety service and
protection or (ii) to limit, restrict, or interfere with the jurisdiction of or
the performance of duties of existing police, fire, and other public safety
agencies.
(d) A citation issued by personnel designated under subsection (a)
shall be considered a release on the personal recognizance of the violator,
provided that the citation shall contain a time and date for the appearance
of the violator in circuit court to contest or admit the charges.  Any
violator failing to appear in circuit court when required to do so shall be
subject to arrest upon order of the court.  The Supreme Court of Illinois
together with the Missouri circuit court may establish
a schedule for the amount of fines for violations of the Bi-State Acts (or
similar Missouri laws).  The court shall allow for the payment
of the fine and court costs by mail instead of a court appearance for a
violation where the only penalty authorized by this Act is a fine.
(e) Those designated as personnel under subsection (a) shall, upon
the apprehension or arrest of any person, either issue a summons or citation
against the person or deliver the person to the duly constituted police or
judicial officer of the signatory state or political subdivision where the
arrest is made for disposition as required by law.
(f) The Bi-State Development Agency shall provide for the
training of personnel designated under subsection (a) by the Agency, and for
this purpose the Agency may enter into contracts or agreements for security
training.  The training requirements for personnel of the Agency who are
given the power of arrest shall be as provided by State law and by
regulation of the State agency or official designated by the State to
establish those regulations.
(g) The Bi-State Development Agency shall have the power to enter
into agreements with the signatory states, their political subdivisions,
the public safety agencies located in those states, and agencies of the
federal government for mutual assistance and for the delineation of the
functions and responsibilities between those designated as personnel under
subsection (a) and the duly constituted police, fire, and other public safety agencies.
(h) The Bi-State Development Agency shall have the power to adopt
rules and regulations for the proper operations of its passenger
transportation facilities and conveyances and for the proper conduct by all
persons making use of its facilities and conveyances, including its parking
lots and all property used by the public.  Notwithstanding the provisions
of Article V of the compact creating the Bi-State Development Agency, any
rules and regulations adopted under this subsection need not be concurred
in or specifically authorized by the legislatures of either state.  In the
event that any such rules and regulations of the Bi-State Development
Agency contravene the laws, rules, or regulations of the signatory state or
its agency, the laws, rules, and regulations of the signatory state or
its agency shall apply and the conflicting portions of the rules or regulations
of the Bi-State Development Agency shall be void within the
jurisdiction of that signatory state.  In the event that any rules or
regulations of the Bi-State Development Agency contravene the ordinances of
any political subdivisions of the signatory states, the conflicting
ordinances shall be void in or upon all agency passenger transportation
facilities and conveyances.  The rules and regulations of the Bi-State
Development Agency shall be uniform whenever possible throughout the area
in which any passenger transportation facility or conveyance of the Agency
is located.  The rules and regulations and the amounts of fines for
their violation adopted by the Bi-State Development Agency shall be
adopted by the Agency's Board of Commissioners in accordance with all
standards of due process, including, but not limited to, the holding of
public hearings and subsequent publication of the Agency rules and
regulations and the amounts of fines for their violation in a manner
designed to make them readily available to the public.
(i) Unless a greater penalty is provided by the laws of the
signatory states, any violation of the rules and regulations of the Agency
shall constitute an infraction for which the authorized punishment shall be
a fine of not less than $25 and not greater than $250, in addition to court costs.
(j) The Board of Commissioners of the Bi-State Development Agency
shall establish the amount of fines for each violation of the rules and
regulations of the Agency within the limits of subsection (i).
(k) Judges and clerks of the circuit courts having jurisdiction
in the signatory states shall have the authority to impose, collect, and
enforce penalties for, and for failure to pay fines for, violations of the
rules and regulations of the Agency in the same manner as penalties are
imposed, collected, and enforced in the respective signatory states.
(Source: P.A. 87-700; 88-611, eff. 1-1-95.)
(45 ILCS 110/6) (from Ch. 127, par. 63s-14)
(Text of Section effective January 1, 1992, or when Missouri enacts the
same law, whichever is later.)
Sec. 6. 
		Violations.
(a) As used in this Section, the following terms have the following
meanings:
(1) "Agency" means the Bi-State Development Agency     created by the Bi-State Development Compact Act.
(2) "Conveyance" includes a bus, paratransit vehicle,     light rail vehicle, rapid transit car or train, locomotive, or other vehicle used or held for use by the Agency as a means of transportation of passengers.
(3) "Facilities" include all property and equipment,     including, without limitation, rights of way and related trackage, rails, signals, power, fuel, communication and ventilation systems, power plants, stations, terminals, signage, storage yards, depots, repair and maintenance shops, yards, offices, parking lots, and other real estate or personal property used or held for or incidental to the operation, rehabilitation, or improvement of any public mass transportation system of the Agency.
(4) "Person" means any individual, firm,     copartnership, corporation, association, or company.
(5) "Sound production device" includes, but is not     limited to, any radio receiver, phonograph, television receiver, musical instrument, tape recorder, cassette player, speaker device, and any sound amplifier.
(b) In interpreting or applying this Section, the following
apply:
(1) Any act otherwise prohibited by this Section is     lawful if specifically authorized by agreement, permit, license, or other writing duly signed by an authorized officer of the Agency or if performed by an officer, employee, or designated agent of the Agency acting within the scope of his or her employment or agency.
(2) Rules shall apply with equal force to any person     assisting, aiding, or abetting another, including a minor, in any of the acts prohibited by the rules or assisting, aiding, or abetting another in the avoidance of any of the requirements of the rules.
(3) The singular shall mean and include the plural;     the masculine gender shall mean the feminine and the neuter genders; and vice versa.
(c) No person shall use or enter upon the conveyances of the
Agency without payment of the fare or other lawful charges established by
the Agency.  Any person or any conveyance must have properly validated fare
media in his or her possession.  This ticket must be valid to or from the
station
the passenger is using and must have been used for entry for the trip when being taken.
(d) No person shall use any token, pass, badge, ticket, document,
transfer, card, or fare media to gain entry to the facilities or conveyances
of or make use of the services of the Agency, except as provided,
authorized, or sold by the Agency and in accordance with any restriction on
its use imposed by the Agency.
(e) No person shall enter upon parking lots designated by the Agency as
requiring payment to enter, either by electronic gate or parking meters,
where the cost of the parking fee is visibly displayed at each location,
without payment of those fees or other lawful charges established by the Agency.
(f) Except for employees of the Agency acting within the scope of their
employment, no person shall sell, provide, copy, reproduce, produce, or
create any version of any token, pass, badge, ticket, document, transfer,
card, or any other fare media or otherwise authorize access to or use of the
facilities, conveyances, or services of the Agency without the written
permission of an authorized representative of the Agency.
(g) No person shall put or attempt to put any paper, article, instrument,
or item, other than a token, ticket, badge, coin, fare card, pass, transfer,
other access authorization, or other fare media issued by the Agency and
valid for the place, time, and manner in which used, into any fare box, pass
reader, ticket vending machine, parking meter, parking gate, or other fare
collection instrument, receptacle, device, machine, or location.
(h) Tokens, tickets, fare cards, badges, passes, transfers, or other fare
media that have been forged, counterfeited, imitated, altered, or improperly
transferred or that have been used in a manner inconsistent with this
Section shall be confiscated.
(i) No person may perform any act that would interfere with the
provision of transit service or obstruct the flow of traffic on facilities
or conveyances or that would in any way interfere or tend to interfere
with the safe and efficient operation of the facilities or conveyances of the Agency.
(j) All persons on or in any facility or conveyance of the Agency shall:
(1) Comply with all lawful orders and directives of     any Agency employee acting within the scope of his or her employment.
(2) Obey any instructions on notices or signs duly     posted on any Agency facility or conveyance.
(3) Provide accurate, complete, and true information     or documents requested by Agency personnel acting within the scope of their employment and otherwise in accordance with law.
(k) No person shall falsely represent himself or herself as an agent,
employee, or representative of the Agency.
(l) No person on or in any facility or conveyance shall:
(1) Litter, dump garbage, liquids, or other matter,     or create a nuisance, hazard, or unsanitary condition (including, but not limited to, spitting or urinating, except in facilities provided).
(2) Drink any alcoholic beverage or possess any     opened or unsealed container of alcoholic beverage, except on premises duly licensed for the sale of alcoholic beverages, such as bars and restaurants.
(3) Enter or remain in any facility or conveyance     while his or her ability to function safely in the environment of the Agency transit system is impaired by the consumption of alcohol or by the taking of any drug.
(4) Loiter or stay on any facility of the Agency.
(5) Consume foods or liquids of any kind, except in     those areas specifically authorized by the Agency.
(6) Smoke or carry an open flame or lighted match,     cigar, cigarette, pipe, or torch, except in those areas or locations specifically authorized by the Agency.
(7) Throw or cause to be propelled any stone,     projectile, or other article at, from, upon, or in a facility or conveyance.
(m) No weapon or other instrument intended for use as a weapon may be
carried in or on any facility or conveyance, except for law enforcement
personnel.  For these purposes, a "weapon" includes, but not
limited to, a firearm, switchblade knife, sword, any instrument of any
kind known as a blackjack, billy club, or club, sandbag, metal knuckles,
leather bands studded with metal, wood impregnated with metal filings or
razor blades, except that this subsection shall not apply to a rifle or
shotgun that is unloaded and carried in any
enclosed case, box, or other container that completely conceals the item from
view and identification as a weapon.
(n) No explosives, flammable liquids, acids, fireworks, or other highly
combustible materials or radioactive materials may be carried on or in
any facility or conveyance, except as authorized by the Agency.
(o) No person, except as specifically authorized by the Agency, shall
enter or attempt to enter into any area not open to the public, including,
but not limited to, motorman's cabs,  conductor's cabs, bus operator's seat
location, closed-off areas, mechanical or equipment rooms, concession
stands, storage areas, interior rooms, tracks, roadbeds, tunnels, plants,
shops, barns, train yards, garages, depots, or any area marked with a sign
restricting access or indicating a dangerous environment.
(p) No person may ride on the roof, the platform between rapid transit
cars, or on any other areas that are outside any rapid transit car or bus
or other conveyance
operated by the Agency.
(q) No person shall extend his or her hand, arm, leg, head, or other part of
his or her person or extend any item, article, or other substance outside of
the window or door of a moving rapid transit car, bus, or other conveyance
operated by the Agency.
(r) No person shall enter or leave a rapid transit car, bus or other
conveyance operated by the Agency except through the entrances and exits
provided for that purpose.
(s) No animals may be taken on or into any conveyance or facility except the following:
(1) An animal enclosed in a container, accompanied by     the passenger, and carried in a manner that does not annoy other passengers.
(2) Working dogs for law enforcement agencies, agency     dogs on duty, dogs properly harnessed and accompanying blind or hearing impaired persons to aid those persons, or dogs accompanying trainers carrying a certificate of identification issued by a dog school.
(t) No vehicle shall be operated carelessly,  negligently, or in
disregard of the rights or safety of others or without due caution and
circumspection or at a speed or in a manner as to be likely to endanger
persons or property on facilities of the Agency.  The speed limit on
parking lots and access roads shall be posted as 15 miles per hour
unless otherwise
designated.
(u) Unless a greater penalty is otherwise provided by the
laws of the State, any violation of this Section shall constitute a
misdemeanor, and any person committing a violation of this Section shall be
subject
to arrest and, upon conviction in a court of competent
jurisdiction, shall pay a fine in an amount not less than $25 and no
greater than $250 per violation, in addition to court costs.  Any
default in the payment of a fine imposed under this Section without
good cause shall result in imprisonment for not more than 30 days.
(v) Unless a greater penalty is provided by the laws of the State, any
person convicted a second or subsequent time for the same offense under
this Section shall be sentenced to pay a fine
of not less than $50 nor more than $500, in addition to court costs,
or to undergo imprisonment for up to 60 days, or both a fine and imprisonment.
(w) Any person failing to pay the proper fare, fee, or other charge for
use of the facilities and conveyances of the Agency shall be subject to
payment of that charge as part of the judgment against the violator. All
proceeds from judgments for unpaid fares or charges shall be directed to
the appropriate Agency official.
(x) As used in this Section, the term "conviction" includes all
pleas of guilty and findings of guilt.
(y) Stalled or disabled vehicles may be removed from the
roadways of the Agency property by the Agency and parked or stored
elsewhere at the risk and expense of the owner.
(z) Motor vehicles that are left unattended or abandoned on the
property of the Agency for a period of over 72 hours may be removed as
provided for in Article II of Chapter 4 of the Illinois Vehicle Code,
except that the removal may be authorized by
personnel designated by the Agency.
(Source: P.A. 87-700; 88-611, eff. 1-1-95.)