2023 Illinois Compiled Statutes › Chapter 70 - SPECIAL DISTRICTS › 70 ILCS 1807/ - Heart of Illinois Regional Port District Act.

(70 ILCS 1807/1)
Sec. 1. 
		Short title. 
		This Act may be cited as the Heart of Illinois
Regional Port District Act.
(Source: P.A. 93-262, eff. 7-22-03.)
(70 ILCS 1807/5)
Sec. 5. 
		Definitions. 
		In this Act:
"Airport" means any locality, either land or water, that is used or designed
for
the landing and taking off of aircraft or for the location of runways, landing
fields,
airdromes, hangars, buildings, structures, airport roadways, and other
facilities.
"Board" means Heart of Illinois Regional Port District Board.
"District" means the Heart of Illinois Regional Port District created by
this Act.
"Governmental agency" means the United States, the State of Illinois, any
local governmental body, and any agency or instrumentality, corporate or
otherwise, thereof.
"Governor" means the Governor of the State of Illinois.
"Intermodal" means a type of international freight system that
permits transshipping among sea, highway, rail, and air modes of
transportation through use of ANSI/International Organization for
Standardization containers, line haul assets, and handling equipment.
"Navigable waters" mean any public waters that are or can be made usable for
water commerce.
"Person" means any individual, firm, partnership, trust, corporation, both
domestic and foreign, company, association, or joint stock association and
includes any
trustee, receiver, assignee, or personal representative thereof.
"Port facilities" mean all public and other buildings, structures, works,
improvements, and equipment, except terminal facilities as defined in this
Section,
that are upon, in, over, under, adjacent, or near to navigable waters, harbors,
slips,
and basins and that are necessary or useful for or incident to the furtherance
of water and
land commerce and the operation of small boats and pleasure craft. "Port
facilities"
includes the widening and deepening of basins, slips, harbors, and navigable
waters.
"Port facilities" also mean all lands, buildings, structures, improvements,
equipment,
and appliances located on district property that are used for industrial,
manufacturing,
commercial, or recreational purposes.
"Terminal" means a public place, station, depot, or area for receiving and
delivering articles, commodities, baggage, mail, freight, or express matter and
for any
combination of those purposes in connection with the transportation and
movement
by water and land of persons and property.
"Terminal facilities" mean all lands, buildings, structures, improvements,
equipment, and appliances useful in the operation of public warehouse, storage,
and
transportation facilities for water and land commerce and for handling,
docking,
storing, and servicing small boats and pleasure craft.
(Source: P.A. 93-262, eff. 7-22-03.)
(70 ILCS 1807/10)
Sec. 10. 
		Heart of Illinois Regional Port District created. 
		There is
created
a political subdivision, body politic, and municipal corporation by the name of
the Heart
of Illinois Regional Port District embracing
all the area within the corporate limits of
Peoria, Fulton, Tazewell, Woodford, and Marshall Counties and embracing
the
corporate limits of Mason County except for Havana Township. Territory may be
annexed to the district in the manner provided in this Act. The district may
sue and be
sued in its corporate name but execution shall not in any case issue against
any
property of the district. It may adopt a common seal and change the same at its
pleasure.
(Source: P.A. 93-262, eff. 7-22-03.)
(70 ILCS 1807/15)
Sec. 15. 
		Property of district; exemption. 
		All property of every kind
belonging to the Heart of Illinois Regional Port District shall be exempt from
taxation,
provided that a tax may be levied upon
a lessee of the district by reason of the value
of a leasehold estate separate and apart from the fee or upon any improvements
that
are constructed and owned by others than the district.
All property of the Heart of Illinois Regional Port District shall be
construed as
constituting public grounds owned by a municipal corporation and used
exclusively
for public purposes within the tax exemption provisions of Sections 15-10,
15-15, 15-20, 15-30, 15-75, 15-140, 15-155, and 15-160 of the Property Tax
Code.
(Source: P.A. 93-262, eff. 7-22-03.)
(70 ILCS 1807/20)
Sec. 20. 
		Duties. 
		The port district shall have all of the following
duties:
(a) To study the existing harbor plans within the area of the district and
to
recommend to the appropriate governmental agency, including the General
Assembly of Illinois, any changes and modifications that may from time to
time be required by continuing development and to meet changing business and
commercial needs.
(b) To make an investigation of conditions within the area of the district
and to
prepare and adopt a comprehensive plan for the development of port facilities
and intermodal facilities for
the district. In preparing and recommending changes and modifications in
existing
harbor plans or a comprehensive plan for the development of port facilities and
intermodal facilities,
the district
may, if it deems desirable, set aside and allocate an area or areas within the
lands held by
it to be used and operated by the district or leased to private parties for
industrial,
manufacturing, commercial, recreational,
or harbor purposes, where the area or areas
are not, in the opinion of the district, required for its primary purposes in
the
development of intermodal, harbor, and port facilities for the use of public
water and
land
transportation, or will not be immediately needed for those purposes, and where
the
use and operation or leasing will in the opinion
of the district aid and promote the development of intermodal, terminal, and
port
facilities.
(c) To study and make recommendations to the proper authority for the
improvement of terminal, lighterage, wharfage, warehousing, transfer, and other
facilities necessary for the promotion of commerce and the interchange of
traffic within,
to, and from the district.
(d) To study, prepare, and recommend by specific proposals to the General
Assembly changes in the jurisdiction of the district.
(e) To petition any federal, State, municipal, or local authority,
administrative,
judicial, and legislative, having jurisdiction in the district for the adoption
and execution
of any physical improvement, change in method, system of handling freight,
warehousing, docking, lightering, and transfer of freight that, in the opinion
of the
district, may be designed to improve or better the handling of commerce in and
through
the district or improve terminal or transportation facilities within the
district.
(f) To foster, stimulate, and promote the shipment of cargoes and commerce
through ports, whether originating within or without the State of Illinois.
(g) To acquire, construct, own, lease, and develop terminals, wharf
facilities,
piers, docks, warehouses, bulk terminals, grain elevators, tug boats, and other
harbor
crafts, and any other port facility or port-related facility or service that it
finds
necessary and convenient.
(h) To perform any other act or function that may tend to or be useful
toward
development and improvement of harbors, sea ports, and port-related facilities
and
services and to increase foreign and domestic commerce through the harbors and
ports within the port district.
(i) To study and make recommendations for river resources management
and environmental education within the district, including but not limited to,
wetlands
banks, mitigation areas, water retention and sedimentation areas, fish
hatcheries, or
wildlife sanctuaries, natural habitat, and native plant research.
(Source: P.A. 93-262, eff. 7-22-03.)
(70 ILCS 1807/25)
Sec. 25. 
		Changes in harbor plans. 
		Any changes and modifications in harbor
plans within the area of the port district
from time to time recommended by the
district or any comprehensive plan for the development of the port facilities
adopted
by the district, under the authority granted by this Act, shall be submitted to
the
Department of Natural Resources for approval and approval by the Department
shall be
conclusive evidence, for all purposes, that these changes and modifications
conform
to the provisions of this Act.
(Source: P.A. 93-262, eff. 7-22-03.)
(70 ILCS 1807/30)
Sec. 30. 
		Rights and powers. 
		The port district shall have the following
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 district; for
the deposit of
rock, earth, sand, or other material; or for any matter of any kind or
description in
those waters;
(b) To prevent or remove obstructions, including the removal of wrecks;
(c) To locate and establish dock lines and shore or harbor lines;
(d) To acquire, own, construct, sell, lease, operate, and maintain port and
harbor,
water, and land terminal facilities and, subject to the provisions of Section
35, to
operate or contract for the operation of those facilities, and to fix and
collect just,
reasonable, and non-discriminatory charges, rentals, or fees for the use of
those
facilities. The charges, rentals, or fees
so collected shall be made available to defray
the reasonable expenses of the district and to pay the principal of and
interest on any
revenue bonds issued by the district;
(e) To enter into any agreement or contract with any airport for the use of
airport facilities to the extent necessary to carry out any of the purposes of
the district;
(f) To the extent authorized by the Intergovernmental Cooperation Act, to
enter
into any agreements with any other public agency of this State, including other
port
districts;
(g) To the extent authorized by any interstate compact, to enter into
agreements
with any other state or unit of local government of any other state; and
(h) To enter into contracts dealing in any manner with the objects and
purposes
of this Act.
(Source: P.A. 93-262, eff. 7-22-03.)
(70 ILCS 1807/35)
Sec. 35. 
		
		Contracts for the operation of warehouses and storage
facilities.
Any public warehouse or other public storage facility owned or otherwise
controlled by
the district shall be operated by persons under contracts with the district.
Any contract
shall reserve reasonable rentals or other charges payable to the district
sufficient to pay
the cost of maintaining, repairing, regulating, and operating the facilities
and to pay the
principal of and interest on any revenue bonds issued by the district and may
contain any
other conditions that may be mutually agreed upon.
However, upon the breach of a
contract or if no contract is in existence as to any facility, the district
shall temporarily
operate the facility until a contract for its operation can be negotiated.
(Source: P.A. 93-262, eff. 7-22-03.)
(70 ILCS 1807/40)
Sec. 40. 
		
		Procedure for leases or contracts for operation of warehouses
and storage facilities. All leases or other contracts for operation of any
public
warehouse or public grain elevator to which this Section is applicable owned or
otherwise controlled by the district shall be governed by the following
procedures.
Notice shall be given by the district that bids will be received for the
operation of the
public warehouse or public grain elevator. This notice shall state the time
within which
and the place where bids may be submitted, the time and place of opening of
bids,
and shall be published not more than 30 days
nor less than 15 days in advance of the first
day for the submission of bids in any one or more newspapers designated by the
district
that have a general circulation within the district. The notice shall specify
sufficient
data of the proposed operation to enable bidders to understand the scope of the
operation; provided, however, that contracts that by their nature are not
adapted to award
by competitive bidding, such as contracts for the services of individuals
possessing a
high degree of personal skill, contracts for the purchase or binding of
magazines,
books, periodicals, pamphlets, reports, and similar articles, and contracts for
utility
services such as water, light, heat, telephone, or telegraph, shall not be
subject to the
competitive bidding requirements of this Section,
but may not be awarded without the
affirmative vote of 3/5ths of the Board.
The Board may, by ordinance, promulgate reasonable regulations prescribing
the qualifications of the bidders as to experience, adequacy of equipment,
ability to
complete performance within the time set, and other factors in addition to
financial
responsibility, and may, by ordinance, provide for suitable performance
guaranties to
qualify a bid. Copies of all regulations shall be made available to all
bidders.
The district may determine in advance the minimum rental that should be
produced by the public warehouse or public grain elevator offered and, if no
qualified
bid will produce the minimum rental, all bids may be rejected and the district
shall then
readvertise for bids. If after the readvertisement no responsible and
satisfactory bid
within the terms of the advertisement is received, the district may then
negotiate a
lease for not less than the amount of minimum
rental so determined. If, after negotiating
for a lease as provided in this Section, it is found necessary to revise the
minimum
rental to be produced by the facilities offered for lease, then the district
shall again
readvertise for bids, as provided in this Section, before negotiating a lease.
If the district shall temporarily operate any public warehouse or public
grain
elevator as provided in Section 35, the temporary operation shall not continue
for more
than one year without advertising for bids for the operation of the facility as
provided in
this Section.
(Source: P.A. 93-262, eff. 7-22-03.)
(70 ILCS 1807/45)
Sec. 45. 
		
		Obligations for expenses not to be incurred until
appropriations
made. Unless and until the revenues from operations conducted by the district
are
adequate to meet all expenditures or unless and until otherwise determined by
an act of
the General Assembly, the district shall not incur any obligations for
salaries, office, or
administrative expenses before the making of appropriations to meet those
expenses.
(Source: P.A. 93-262, eff. 7-22-03.)
(70 ILCS 1807/50)
Sec. 50. 
		Acquisition of property.
(a) The district shall have power to acquire and accept by purchase, lease,
gift, grant, or otherwise any and all real property, whether a fee simple
absolute or a
lesser estate, and personal property either within or without its corporate
limits or any
right that may be useful for its purposes and to provide for the development of
adequate channels, ports, harbors, terminals, port facilities, intermodal
facilities, and terminal
facilities
adequate to serve the needs of commerce
within the district. The district shall have the
right to grant easements and permits for the use of any real property, rights
of way, or
privileges that, in the opinion of the Board, will not interfere with the use
of the district's
property by the district for its primary purposes and the easements and permits
may
contain any conditions and retain any interest therein that may be deemed for
the best
interest of the district by the Board.
(b) Any property or facility shall be leased or operated, if at all, only by
2 or
more unrelated contracting parties in parcels that are as nearly equal in all
respects as
practicable unless the Board determines that it is in the best interest of the
district to
lease the property or facility to a single contracting party.
The district, subject to the public bid requirements prescribed in Section
40 with
respect to public warehouses or public grain elevators, may lease to others for
any period
of time not to exceed 99 years upon any terms that the Board may determine any
of its
real property, rights of way, or privileges, any interest therein, or any part
thereof for
industrial, manufacturing, commercial, recreational, or harbor purposes, that
is in the
opinion of the Board no longer required for its primary purposes in the
development of
port, intermodal, and harbor facilities or that may not be immediately needed
for those
purposes.
Where the leases will in the opinion of the Board aid and promote those
purposes, and
in conjunction with those leases, the district
may grant rights of way and privileges
across the property of the district, which rights of way and privileges may be
assignable
and irrevocable during the term of any lease and may include the right to enter
upon the
property of the district to do any things that may be necessary for the
enjoyment of the
leases, rights of way, and privileges and the leases may contain any conditions
and
retain any interest that may be deemed for the best interest of the district by
the
Board.
With respect to any and all leases, easements, rights of way, privileges,
and
permits made or granted by the Board, the Board may agree upon and collect the
rentals, charges, and fees that may be deemed for the best interest of the
district by
the Board. The rentals, charges, and fees shall be used to defray the
reasonable expenses
of the district and to pay the principal of and interest on any revenue bonds
issued by the
district.
(c) The district may dedicate to the public for highway purposes any of its
real
property and those dedications may be subject to any conditions and the
retention of
any interest that may be deemed for the best interest of the district by the
Board.
(d) The district may sell, convey, or operate any of its buildings,
structures, or
other improvements located upon district property that may be deemed in the
best
interest of the district by the Board.
(Source: P.A. 93-262, eff. 7-22-03.)
(70 ILCS 1807/55)
Sec. 55. 
		Grants, loans, and appropriations. 
		The district has power to
apply
for and accept grants, loans, or appropriations from the federal government or
any
agency or instrumentality thereof or the State of Illinois or any agency or
instrumentality
thereof to be used for any of the purposes of the district and to enter into
any agreement
with the federal government, the State of Illinois, or any agency or
instrumentality thereof in relation to the grants, loans, or appropriations.
(Source: P.A. 93-262, eff. 7-22-03.)
(70 ILCS 1807/60)
Sec. 60. 
		Foreign trade zones and sub-zones. 
		The district has power to
apply
to the proper authorities of the United States of America under the appropriate
law for
the right to establish, operate, maintain, and lease foreign trade zones and
sub-zones
within the jurisdiction of the United States Customs Service and to establish,
operate,
maintain, and lease the foreign trade zones and sub-zones.
(Source: P.A. 93-262, eff. 7-22-03.)
(70 ILCS 1807/65)
Sec. 65. 
		Insurance contracts. 
		The district has power to procure and enter
into
contracts for any type of insurance and indemnity against loss or damage to
property
from any cause, including loss of use and occupancy, against death or injury of
any
person, against employers' liability, against any act of any member, officer,
or
employee of the Board or of the district in the performance of the duties of
his or her
office or employment or any other insurable risk.
(Source: P.A. 93-262, eff. 7-22-03.)
(70 ILCS 1807/70)
Sec. 70. 
		Borrowing money; revenue bonds.
(a) The district has the continuing power to borrow money for the purpose of
acquiring, constructing, reconstructing, extending, operating, or improving
terminals,
terminal facilities, intermodal facilities, and port facilities; for acquiring
any property and
equipment useful
for the construction, reconstruction, extension, improvement, or operation of
its
terminals, terminal facilities, intermodal facilities, and port facilities; and
for acquiring
necessary cash
working funds. For the purpose of evidencing the obligation of the district to
repay
any money borrowed, the district may, by ordinances adopted by the Board from
time to
time, issue and dispose of its interest bearing revenue bonds, notes, or
certificates and
may also from time to time issue and dispose of its interest bearing revenue
bonds, notes,
or certificates to refund any bonds, notes, or certificates at maturity or by
redemption
provisions or at any time before maturity with the consent of the holders
thereof.
(b) All bonds, notes, and certificates shall be payable solely from the
revenues or
income to be derived from the terminals, terminal facilities, intermodal
facilities, and port
facilities or any
part thereof; may bear any date or dates; may mature at any time or times not
exceeding
40 years from their respective dates; may bear interest at any
rate or rates payable semiannually; may be in any form; may carry any
registration
privileges; may be executed in any manner; may be payable at any place or
places; may
be made subject to redemption in any manner and upon any terms, with or without
premium that is stated on the face thereof; may be authenticated in any manner;
and may
contain any terms and covenants as may be provided in the ordinance. The holder
or holders of any bonds, notes, certificates,
or interest coupons appertaining to the
bonds, notes, and certificates issued by the district may bring civil actions
to
compel the performance and observance by the district or any of its officers,
agents, or
employees of any contract or covenant made by the district with the holders of
those
bonds, notes, certificates, or interest coupons and to compel the district and
any of its
officers, agents, or employees to perform any duties required to be performed
for the
benefit of the holders of any bonds, notes, certificates, or interest coupons
by the
provision in the ordinance authorizing their issuance, and to enjoin the
district and any of
its officers, agents, or employees from taking any action in conflict with any
such
contract or covenant, including the establishment
of charges, fees, and rates for the use
of facilities as provided in this Act. Notwithstanding the form and tenor of
any
bonds, notes, or certificates and in the absence of any express recital on the
face
thereof that it is nonnegotiable, all bonds, notes, and certificates shall be
negotiable
instruments. Pending the preparation and execution of any bonds, notes, or
certificates, temporary bonds, notes, or certificates may be issued with or
without
interest coupons as may be provided by ordinance.
(c) The bonds, notes, or certificates shall be sold by the corporate
authorities of the district in any manner that the corporate authorities shall
determine,
except that if issued to bear interest at the minimum rate permitted by the
Bond
Authorization Act, the bonds shall be sold for not less than par and accrued
interest
and except that the selling price of bonds bearing interest at a rate less than
the
maximum rate permitted in that Act shall be such that the interest cost to the
district of
the money received from the bond sale shall not exceed such maximum rate
annually
computed to absolute maturity of said bonds or certificates according to
standard tables
of bond values.
(d) From and after the issue of any bonds, notes, or certificates as
provided in
this Section, it shall be the duty of the corporate authorities of the district
to fix and
establish rates, charges, and fees for the use of facilities acquired,
constructed,
reconstructed, extended, or improved with the proceeds derived from the sale of
the
bonds, notes, or certificates sufficient at all times with other revenues of
the district,
if any, to pay (i) the cost of maintaining,
repairing, regulating, and operating the
facilities and (ii) the bonds, notes, or certificates and interest thereon as
they shall
become due, all sinking fund requirements, and all other requirements provided
by
the ordinance authorizing the issuance of the bonds, notes, or certificates or
as
provided by any trust agreement executed to secure payment thereof. To secure
the
payment of any or all of bonds, notes, or certificates and for the purpose of
setting
forth the covenants and undertaking of the district in connection with the
issuance of
those bonds, notes, or certificates and the issuance of any additional bonds,
notes, or
certificates payable from revenue income
to be derived from the terminals, terminal
facilities, intermodal facilities, and port facilities the district may execute
and deliver a trust
agreement or
agreements. A lien upon any physical property of the district may be created by
the
trust agreement. A remedy for any breach or default of the terms of any trust
agreement by the district may be by mandamus proceedings in the circuit court
to compel
performance and compliance with the agreement, but the trust agreement may
prescribe
by whom or on whose behalf the action may be instituted.
(Source: P.A. 93-262, eff. 7-22-03.)
(70 ILCS 1807/75)
Sec. 75. 
		Bonds not obligations of the State or district. 
		Under no
circumstances shall any bonds, notes, or certificates issued by the district or
any other
obligation of the district be or become an indebtedness or obligation of the
State
of Illinois or of any other political subdivision of or municipality within the
State, nor
shall any bond, note, certificate, or obligation be or become an indebtedness
of the
district within the purview of any constitutional limitation or provision. It
shall be
plainly stated on the face of each bond, note, and certificate that it does not
constitute an indebtedness or obligation but is payable solely from the
revenues or
income of the district.
(Source: P.A. 93-262, eff. 7-22-03.)
(70 ILCS 1807/80)
Sec. 80. 
		Revenue bonds as legal investments. 
		The State and all counties,
cities, villages, incorporated towns and other municipal corporations,
political
subdivisions, public bodies, and public officers of any thereof; all banks,
bankers, trust
companies, savings banks and institutions,
building and loan associations, savings
and loan associations, investment companies, and other persons carrying on a
banking
business; all insurance companies, insurance associations, and other persons
carrying on
an insurance business; and all executors, administrators, guardians, trustees,
and their
fiduciaries may legally invest any sinking funds, moneys, or other funds
belonging to
them or within their control in any bonds, notes, or certificates issued under
this Act. It
is the purpose of this Section to authorize the investment in bonds, notes, or
certificates
of all sinking, insurance, retirement, compensation, pension, and trust funds,
whether
owned or controlled by private or public persons or officers; provided,
however, that
nothing contained in this Section may be construed as relieving any person from
any
duty of exercising reasonable care in selecting securities for purchase or
investment.
(Source: P.A. 93-262, eff. 7-22-03.)
(70 ILCS 1807/90)
Sec. 90. 
		Permits. 
		It shall be unlawful to make any fill or deposit of
rock,
earth, sand, or other material, or any refuse matter of any kind or
description, or build or
commence the building of any wharf, pier, dolphin, boom, weir, breakwater,
bulkhead,
jetty, bridge, or other structure over, under, in, or within 40 feet of any
navigable
waters within the district without first submitting the plans, profiles, and
specifications
for it, and any other data and information that may be required, to the
district and
receiving a permit. Any person, corporation,
company, city or municipality, or other
agency that does any of the things prohibited in this Section without securing
a permit is
guilty of a Class A misdemeanor. Any structure, fill, or deposit erected or
made in any
of the public bodies of water within the district in violation of the
provisions of this
Section is declared to be a purpresture and may be abated as such at the
expense of
the person, corporation, company, city, municipality, or other agency
responsible for it.
If in the discretion of the district it is decided that the structure, fill, or
deposit may
remain, the district may fix any rule, regulation, requirement, restrictions,
or rentals or
require and compel any changes, modifications, and repairs that shall be
necessary to
protect the interest of the district.
(Source: P.A. 93-262, eff. 7-22-03.)
(70 ILCS 1807/100)
Sec. 100. 
		Heart of Illinois Regional Port District Board; compensation. 
		The governing and administrative body of the district shall be a board
consisting of 9
members, to be known as the Heart of Illinois Regional Port District Board.
Members of
the Board shall be residents of a county whose territory, in whole or in part,
is embraced
by the district and persons of recognized business ability. The members of the
Board
shall not receive compensation for their services.
Each member shall be reimbursed for
actual expenses incurred in the performance of his or her duties. Any person
who is
appointed to the office of secretary or treasurer of the Board may receive
compensation for services as an officer, as determined by the Board. No member
of
the Board or employee of the district shall have any private financial
interest, profit,
or benefit in any contract, work, or business of the district or in the sale or
lease of
any property to or from the district.
(Source: P.A. 93-262, eff. 7-22-03.)
(70 ILCS 1807/105)
Sec. 105. Board; appointments; terms of office; certification and oath. The Governor, by and with the advice and
consent of the
Senate, shall appoint 3 members of the Board.
Of the 3 members appointed by the Governor, at least one must be a member of a
labor organization, which, for the purposes of this Section, means an organization of workers established to bargain collectively on behalf of their member workers.
If the Senate is in recess when the appointment is made, the
Governor shall make a temporary appointment until the next meeting of
the Senate. The county board chairmen of Tazewell, Woodford, Peoria, Marshall,
Mason, and Fulton Counties shall
each appoint one member of the Board with the advice and consent of their
respective county boards. Of the members initially appointed, the 3
appointed by the Governor shall be appointed for initial terms expiring
June 1, 2009, and the 6 appointed by their county board chairmen shall be
appointed for initial terms expiring June 1, 2010. All vacancies shall be
filled
in a like
manner and with like regard to the place of residence of the appointee.
After the expiration of initial terms, a
successor shall hold
office for the term of 6 years beginning the first day of June of the
year in which the term of office commences.
The Governor and the respective county
board chairmen shall certify
their appointments to the Secretary of State. Within 30 days after
certification of appointment, and before entering upon the duties of his
office, each member of the Board shall take and subscribe the
constitutional oath of office and file it in the office of the Secretary
of State.
(Source: P.A. 99-933, eff. 1-27-17.)
(70 ILCS 1807/110)
Sec. 110. 
		Resignation and removal of Board members; vacancies. 
		Members of the Board shall hold office until their respective successors have
been
appointed and qualified. Any member may resign from his or her office, to take
effect
when his or her successor has been appointed and has qualified. The Governor
and the
county boards may remove any member of the Board appointed by them in case of
incompetency, neglect of duty, or malfeasance in office. They shall give the
member
a copy of the charges against him or her and an opportunity to be publicly
heard in
person or by counsel in his or her own defense upon not less than 10 days'
notice. In
case of failure to qualify within the time required, of abandonment of office,
or of death,
conviction of a crime, or removal from office, the office shall become vacant.
Each
vacancy shall be filled for the unexpired term by appointment in like manner,
and with
like regard as to the place of residence of the appointee, as in case of
expiration of the
term of a member of the Board.
(Source: P.A. 93-262, eff. 7-22-03.)
(70 ILCS 1807/115)
Sec. 115. 
		Organization of the Board. 
		As soon as possible after the
appointment of the initial members, the Board shall organize for the
transaction of
business, select a chairperson and a temporary secretary from its own number,
and
adopt by-laws and regulations to govern its proceedings. The initial
chairperson and
successors shall be elected by the Board from time to time for the term of his
or her
office as a member of the Board or for the term of 3 years, whichever is
shorter.
(Source: P.A. 93-262, eff. 7-22-03.)
(70 ILCS 1807/120)
Sec. 120. Meetings; ordinances and resolutions; public records. Regular
meetings of the Board shall be held at least once in each calendar month, the
time and
place of the meeting to be fixed by the Board. Five members of the Board shall
constitute a quorum for the transaction of business. All action of the Board
shall be by
motion, ordinance, or resolution, except that any action authorizing the expenditure of funds in excess of $5,000 must be by ordinance. The affirmative vote of at least 5 members shall be
necessary for the adoption of any ordinance or resolution. All ordinances and
resolutions before taking effect shall be approved by the chairperson of the
Board. If
the chairperson shall approve the ordinance or resolution, he or she shall sign
it. Those
ordinances or resolutions the chairperson
shall not approve the chairperson
shall
return to the Board with his or her objections in writing at the next regular
meeting of
the Board occurring after the passage of the ordinances or resolutions. If the
chairperson shall fail to return any ordinance or resolution with his or her
objections by
the time required in this Section, he or she shall be deemed to have approved
it and it
shall take effect accordingly. Upon the return of any ordinance or resolution
by the
chairperson with his or her objections, the vote by which the ordinance or
resolution was
passed shall be reconsidered by the Board. If upon reconsideration the
ordinance or
resolution is passed by the affirmative vote of at least 6 members, it shall go
into effect
notwithstanding the veto of the chairperson. All ordinances, resolutions, all
proceedings of the district, and all documents
and records in its possession shall be
public records, and open to public inspection, except any documents and records
that
shall be kept or prepared by the Board for use in negotiations, actions, or
proceedings
to which the district is a party.
(Source: P.A. 93-262, eff. 7-22-03; 93-1072, eff. 1-18-05.)
(70 ILCS 1807/125)
Sec. 125. 
		Secretary and treasurer; oath and bond. 
		The Board shall
appoint a
secretary and a treasurer who need not be members of the Board to hold office
during
the pleasure of the Board. The Board shall fix their duties and compensation.
Before
entering upon the duties of their respective offices, they shall take and
subscribe the
constitutional oath of office and the treasurer shall execute a bond with
corporate
sureties to be approved by the Board. The bond shall be payable to the district
in
whatever penal sum may be directed by the Board conditioned upon the faithful
performance of the duties to the office
and the payment of all money received by him
or her according to law and the orders of the Board. The Board may, at any
time,
require a new bond from the treasurer in any penal sum that may be determined
by the
Board. The obligation of the sureties shall not extend to any loss sustained by
the
insolvency, failure, or closing of any savings and loan association or national
or State
bank wherein the treasurer has deposited funds if the bank or savings and loan
association
has been approved by the Board as a depositary for those funds. The oaths of
office and
the treasurer's bond shall be filed in the principal office of the district.
(Source: P.A. 93-262, eff. 7-22-03.)
(70 ILCS 1807/130)
Sec. 130. 
		Deposits; checks or drafts.
(a) All funds deposited by the treasurer in any bank or savings and loan
association shall be placed in the name of the district and shall be withdrawn
or paid out
only by check or draft upon the bank or savings and loan association, signed by
the
treasurer and countersigned by the chairperson of the Board. The Board may
designate
any of its members or any officer or employee of the district to affix the
signature of
the chairperson and another to affix the signature of the treasurer to any
check or draft
for payment of salaries or wages and for payment of any other obligation of not
more
than $10,000.
No bank or savings and loan association shall receive public funds as
permitted
by this Section unless it has complied with the requirements established under
Section 6 of the Public Funds Investment Act.
(b) In case any officer whose signature appears upon any check or draft
issued
under this Act ceases to hold his or her office before the delivery of the
check or draft
to the payee, his or her signature nevertheless shall be valid and sufficient
for all
purposes with the same effect as if he or she had remained in office until
delivery of the
check or draft.
(Source: P.A. 93-262, eff. 7-22-03.)
(70 ILCS 1807/135)
Sec. 135. 
		Prompt payment. 
		Purchases made under this Act shall be made in
compliance with the Local Government Prompt Payment Act.
(Source: P.A. 93-262, eff. 7-22-03.)
(70 ILCS 1807/140)
Sec. 140. 
		Executive director, officers, and employees. 
		The Board may
appoint an executive director, who shall be a person of recognized ability and
business
experience, to hold office during the pleasure of the Board. The executive
director
shall have management of the properties, business, and the employees of the
district
subject to the general control of the Board; shall direct the enforcement of
all
ordinances, resolutions, rules, and regulations of the Board; and shall perform
any other
duties that may be prescribed from time to time by the Board. The Board may
appoint a
general attorney and a chief engineer and shall provide for the appointment of
any
other officers, attorneys, engineers, consultants, agents, and employees that
may be
necessary. The Board shall define their duties and require bonds of those that
it may
designate.
The executive director, general attorney,
chief engineer, and all other officers
provided for under this Section shall be exempt from taking and subscribing any
oath of
office and shall not be members of the Board. The compensation of the executive
director, general attorney, chief engineer, and all other officers, attorneys,
consultants,
agents, and employees shall be fixed by the Board, subject to the provisions of
Section
125 of this Act.
(Source: P.A. 93-262, eff. 7-22-03.)
(70 ILCS 1807/145)
Sec. 145. 
		Fines and penalties. 
		The Board shall have power to pass all
ordinances and to make all rules and regulations proper or necessary to carry
into effect
the powers granted to the district, with any fines or penalties that may be
deemed proper.
All fines and penalties shall be imposed by ordinances that shall be published
in a
newspaper of general circulation published in the area embraced by the
district. No
ordinance shall take effect until 10 days after its publication.
(Source: P.A. 93-262, eff. 7-22-03.)
(70 ILCS 1807/150)
Sec. 150. 
		Report and financial statement. 
		As soon after the end of each
fiscal
year as may be expedient, the Board shall prepare and print a complete and
detailed
report and financial statement of its operations and of its assets and
liabilities. A
reasonably sufficient number of copies of the report shall be printed for
distribution
to persons interested, upon request, and a copy of the report shall be filed
with the
Governor and the county clerk of each county that is within the area of the
district. A
copy of the report shall be addressed to and mailed to the mayor and city
council or
president and board of trustees of each
 municipality within the area of the district.
(Source: P.A. 93-262, eff. 7-22-03.)
(70 ILCS 1807/155)
Sec. 155. 
		Investigations by the Board. 
		The Board may investigate
conditions in which it has an interest within the area of the district; the
enforcement of its
ordinances, rules, and regulations; and the action, conduct, and efficiency of
all
officers, agents, and employees of the district. In the conduct of
investigations the Board
may hold public hearings on its own motion and shall do so on complaint of any
municipality within the district. Each member of the Board shall have power to
administer oaths and the secretary, by order of the Board, shall issue
subpoenas to
secure the attendance and testimony of witnesses and the production of books
and
papers relevant to investigations and to any
hearing before the Board or any member
of the Board.
Any circuit court of this State, upon application of the Board or any member
of
the Board, may in its discretion compel the attendance of witnesses, the
production of
books and papers, and giving of testimony before the Board, before any member
of
the Board, or before any officers' committee appointed by the Board by
attachment for
contempt or otherwise in the same manner as the production of evidence may be
compelled before the court.
(Source: P.A. 93-262, eff. 7-22-03.)
(70 ILCS 1807/160)
Sec. 160. 
		Annexation. 
		Territory that is contiguous to the district and
that is
not included within any other port district may be annexed to and become a part
of the
district in the manner provided in Section 165 or 170, whichever is applicable.
(Source: P.A. 93-262, eff. 7-22-03.)
(70 ILCS 1807/165)
Sec. 165. 
		Petition for annexation. 
		At least 5% of the legal voters
resident
within
the limits of the proposed addition to the district shall petition the circuit
court for a
county in which a major part of the district is situated, to cause the question
of whether
the proposed additional territory shall become a part of the district to be
submitted to the
legal voters of the proposed additional territory. The petition shall be
addressed to the
court and shall contain a definite description of the boundaries of the
territory to be
embraced in the proposed addition.
Upon the filing of any petition with the clerk of the court, the court shall
fix a
time and place for a hearing upon the subject of the petition.
Notice shall be given by the court to whom the petition is addressed or by
the
circuit clerk or sheriff of the county in which the petition is made at the
order and
direction of the court of the time and place of the hearing upon the subject of
the petition
at least 20 days before the hearing by at least one publication of the notice
in any
newspaper having general circulation within the area proposed to be annexed,
and by
mailing a copy of the notice to the mayor or president of the board of trustees
of all
cities, villages, and incorporated towns within the district.
At the hearing, the district, all persons residing or owning property within
the
district, and all persons residing in or owning property situated in the area
proposed
to be annexed to the district may appear and be heard touching upon the
sufficiency of
the petition. If the court finds that the petition does not comply with the
requirements
of the law, the court shall dismiss the petition. If the court finds that the
petition is
sufficient, the court shall certify the petition and the proposition to the
proper election
officials who shall submit the proposition to the voters at an election under
the general
election law. In addition to the requirements
of the general election law, the notice
of the referendum shall include a description of the area proposed to be
annexed to the
district.
The proposition shall be in substantially the following form:
Shall (description of the territory proposed to be     annexed) join the Heart of Illinois Regional Port District?
		The votes shall be recorded as "Yes" or "No".
The court shall cause a statement of the result of the referendum to be
filed in the
records of the court.
If a majority of the votes cast upon the question of annexation to the
district are
in favor of becoming a part of the district, the court shall then enter an
order stating that
the additional territory shall thenceforth be an integral part of the Heart of
Illinois
Regional Port District and subject to all of the benefits of service and
responsibilities of the district. The circuit clerk shall transmit a certified
copy of the
order to the circuit clerk of any other county in which any of the territory
affected is
situated.
(Source: P.A. 93-262, eff. 7-22-03.)
(70 ILCS 1807/170)
Sec. 170. 
		Annexation of territory having no legal voters. 
		If there is
territory
contiguous to the district that has no legal voters residing within it, a
petition to
annex the territory signed by all the owners of record of the territory may be
filed with
the circuit court for the county in which a major part of the district is
situated. A
time and place for a hearing on the subject of the petition shall be fixed and
notice of
the hearing shall be given in the manner provided in Section 165. At the
hearing any
owner of land in the territory proposed to be annexed, the district, and any
resident of the
district may appear and be heard touching on the sufficiency of the petition.
If the court
finds that the petition satisfies the requirements of this Section, it shall
enter an order
stating that thenceforth the territory shall be an integral part of the Heart
of Illinois
Regional Port District and subject to all of the benefits of service and
responsibilities
of the district. The circuit clerk shall
transmit a certified copy of the order of the court
to the circuit clerk of any other county in which the annexed territory is
situated.
(Source: P.A. 93-262, eff. 7-22-03.)
(70 ILCS 1807/172)
Sec. 172. 
		Disconnection. 
		The registered voters of a county included in
the district may petition the State Board of Elections requesting the
submission of the
question of whether the county should be disconnected from the district to the
electors
of the county. The petition shall be circulated in the manner required by
Section 28-3 of
the Election Code and objections thereto and the manner of their disposition
shall be
in accordance with Section 28-4 of the Election Code. If a petition is filed
with the
State Board of Elections, signed by not less than 5% of the registered voters
of the county
or that portion of the county that is within the district, requesting that the
question of
disconnection be submitted to the electors
of the county, the State Board of Elections
must certify the question to the proper election authority, which must submit
the
question at a regular election held at least 78 days after the petition is
filed in accordance
with the Election Code.
The question must be submitted in substantially the following form:
Shall (name of county) be disconnected from the Heart     of Illinois
Regional Port District?
		The votes must be recorded as "Yes" or "No".
If a majority of the electors voting on the question vote in the
affirmative, the county or portion of the county that is within the district
shall be
disconnected from the district.
(Source: P.A. 93-262, eff. 7-22-03.)
(70 ILCS 1807/175)
Sec. 175. 
		Administrative Review Law. 
		All final administrative decisions
of the Board, shall be subject to judicial review under the provisions of the
Administrative Review Law and the rules adopted under that Act. The term
"administrative decision" means the same as in Section 3-101 of the Code of
Civil
Procedure.
(Source: P.A. 93-262, eff. 7-22-03.)
(70 ILCS 1807/180)
Sec. 180. 
		Severability. 
		If any provision of this Act or its application
to
any person or circumstance is held invalid, the invalidity of that provision or
application does not affect other provisions or applications of this Act that
can be
given effect without the invalid provision or application.
(Source: P.A. 93-262, eff. 7-22-03.)
(70 ILCS 1807/185)
Sec. 185. 
		Interference with private facilities. 
		The provisions of this
Act
shall not be considered as impairing, altering, modifying, repealing, or
superseding any
of the jurisdiction or powers of the Illinois Commerce Commission or of the
Department of Natural Resources under the Rivers, Lakes, and Streams Act.
Nothing in
this Act or done under its authority shall apply to, restrict, limit, or
interfere with the
use of any terminal, terminal facility, intermodal facility, or port facility
owned or operated by
any private
person for the storage or handling or transfer of any commodity moving in
interstate
commerce or the use of the land and facilities of a common carrier or other
public utility
and the space above that land and those facilities or the right to use that
land and those
facilities in the business of any common carrier or other public utility,
without
approval of the Illinois Commerce Commission and without the payment of just
compensation to any common carrier or other public utility for damages
resulting from
any restriction, limitation, or interference.
(Source: P.A. 93-262, eff. 7-22-03.)
(70 ILCS 1807/190)
Sec. 190. 
		
		Non-applicability of conflicting provisions of the Illinois
Municipal Code. The provisions of the Illinois Municipal Code shall not be
effective
within the area of the district insofar as the provisions of that Act conflict
with the
provisions of this Act or grant substantially the same powers to any municipal
corporation that are granted to the district by this Act.
(Source: P.A. 93-262, eff. 7-22-03.)
(70 ILCS 1807/999)
Sec. 999. 
		Effective date. 
		This Act takes effect upon becoming law.
(Source: P.A. 93-262, eff. 7-22-03.)