Rep. John E. Bradley

Filed: 4/26/2012

 

 


 

 


 
09700HB4204ham001LRB097 15182 PJG 68892 a

1
AMENDMENT TO HOUSE BILL 4204

2    AMENDMENT NO. ______. Amend House Bill 4204 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Capital Development Board Act is amended by
5changing Section 13 as follows:
 
6    (20 ILCS 3105/13)  (from Ch. 127, par. 783)
7    Sec. 13. The Board may provide cargo handling facilities
8and facilities designed for the movement of cargo to or from
9cargo handling facilities for the use of regional port
10districts. Pursuant to appropriations setting forth specific
11projects and regional port districts, the Board shall contract
12with the regional port district named in the Act making the
13appropriation for cargo handling facilities. Such contract
14shall provide that the regional port district shall remit to
15the State of Illinois an amount equal to not more than 20% of
16the gross receipts attributable to those facilities, and not

 

 

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1less than 20% of the profit attributable to those facilities,
2whether collected by the regional port district or through an
3operator or other intermediary, until the full amount
4appropriated and expended by the State of Illinois has been
5remitted to the State. The exact amount of, the manner of, the
6method of and the time for such remittances shall be agreed
7upon by the particular port district and the Board acting
8through its Executive Director, and such agreement may, from
9time to time, be amended by the parties so as to alter or
10modify the amount of, manner of, method of and time for the
11remittance, including, but not limited to, the temporary
12forgiveness, suspension or delay of the remittances not to
13exceed 24 months for any single suspension or delay. The
14payback is subordinate solely to any outstanding public bond
15agreements existing at the time of the contract and solely for
16the period of time of the running of those bond agreements. For
17any contract entered into under this Section, if, for a period
18of 25 years, a regional port district has not been required to
19remit any amount because the regional port district has failed
20to achieve the required level of profit, then the regional port
21district shall not be required to remit any amount under the
22contract.
23    This Section shall apply to all regional port district
24facilities to be constructed by the Board, including projects
25for which appropriations or reappropriations have been made
26prior to June 30, 1976, and to all contracts existing prior to

 

 

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1the effective date of this amendatory Act of 1985 as well as
2contracts entered into on or after such date.
3(Source: P.A. 84-781.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.".