Public Act 103-0242
 
SB1897 EnrolledLRB103 28875 AWJ 55261 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the Rock
Island Regional Port District Act.
 
    Section 2. Findings. The General Assembly finds:
    (1) Illinois' many port districts are an important part of
Illinois' waterway system since they support and facilitate
use of those waterways for the transport of goods.
    (2) By supporting and facilitating use of the State's
waterways, Illinois' port districts provide economies of scale
in the movement of goods and economic development and job
creation opportunities within the area of the port districts.
    (3) The geographic size of each port district varies and
can cover areas as small as the limits of a single municipality
or as large as multiple counties.
    (4) Each port district is unique, faces different
challenges, and uses different approaches to encourage
waterway use.
    (5) It is in the interest of supporting Illinois' waterway
system to create the Rock Island Regional Port District to
streamline governance by using existing municipal governments
participating in the Rock Island Regional Port District to
make decisions within each municipality's corporate limits.
 
    Section 5. Definitions. As used in this Act:
    "Administrative decision" has the meaning given to that
term in Section 3-101 of the Code of Civil Procedure.
    "City council" means the city council or board of trustees
of a municipality.
    "General obligation bond" means a bond that has any part
of its principal or interest paid by taxation.
    "Governing and administrative body" means all of the city
councils of the participating municipalities.
    "Governmental agency" means the federal government, a
state or local government, or any subdivision of the federal,
state, or local government.
    "Navigable waters" means any public waters that are or can
be made usable for water commerce.
    "Participating municipality" means the City of Rock Island
or a municipality that has all or any part of the municipality
annexed into the Port District.
    "Person" means an individual, firm, partnership,
corporation, company, association, or joint stock association.
"Person" includes, without limitation, a trustee, receiver,
assignee, or personal representative thereof.
    "Port District" means the Rock Island Regional Port
District created by this Act.
    "Port facilities" means any public and other buildings,
structures, works, improvements, and equipment that are upon,
in, over, under, adjacent, or near 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, without limitation, (i) improvements to the widening
and deepening of basins, slips, harbors, and navigable waters
and (ii) any lands, buildings, structures, improvements,
equipment, and appliances located on Port District property
that are used for industrial, manufacturing, commercial, or
recreational purposes. "Port facilities" does not include
terminal facilities
    "Revenue bond" means a bond that has its principal and
interest paid solely from revenues or income derived from
ports, harbors, or any other buildings or facilities of the
Port District.
    "Terminal" means a public place, such as a station or
depot, for receiving and delivering of baggage, mail, or
freight in connection with the transportation of persons and
property on water or land.
    "Terminal facility" means any land, building, structure,
improvement, equipment, or appliance useful in the operation
of a public warehouse, a storage, transportation, or railway
facility, or industrial, manufacturing, or commercial
activities for the accommodation of or in connection with
commerce by water or land for the handling, docking, and
serving small boats and pleasure craft.
 
    Section 10. Creation; governing and administrative body.
    (a) There is created a unit of local government by the name
of Rock Island Regional Port District that includes all the
territory within the corporate limits of the City of Rock
Island as those corporate limits exist on the effective date
of this Act. Territory may be annexed into the Port District in
the manner provided in Section 15. The Port District or
participating municipality may sue and be sued in the Port
District's or municipality's respective corporate name, but
execution shall not issue against any of the property or
assets of the Port District or participating municipality. The
Port District may adopt a common seal and change the same at
its pleasure.
    All property of every kind belonging to the Port District
is exempt from taxation, except that taxes may be assessed and
levied upon a lessee of the Port District by reason of the
value of a leasehold estate separate and apart from the fee and
upon improvements as are constructed and owned by others than
the Port District. All property of the Port District is public
ground 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.
    (b) The governing and administrative body of the Port
District initially consists of the Rock Island City Council
and, thereafter, the Rock Island City Council and each city
council of an annexed municipality. The city council of a
participating municipality is the governing body of that
portion of the Port District within that participating
municipality's corporate limits.
 
    Section 15. Annexation of territory; indebtedness of
municipalities.
    (a) Territory that is adjacent to the Port District and
not included within any other port district may be annexed to
and become a part of the Port District in the manner provided
in this Section.
    (b) An adjacent municipality may request annexation into
the Port District from the existing participating
municipalities by providing the city council of each
participating municipality a written request for the
annexation and a legal description of the portion of the
corporate limits to be included in the annexation. The city
council of each participating municipality shall consider
approval of the annexation of the new territory with approval
constituting a majority vote of the city council of each
participating municipality at a public meeting in which the
question has been placed on the published agenda. All
participating municipalities must approve the annexation of
the new territory for the annexation to occur.
    (c) A participating municipality may not incur the
indebtedness of another participating municipality within the
Port District.
 
    Section 20. Rights and powers. The Port District has the
following rights and powers:
        (1) To investigate conditions within the Port District
    and to prepare and adopt priorities for the development of
    port facilities for the Port District. In preparing and
    recommending changes and modifications in existing port
    facilities, or priorities for the development of those
    facilities, the Port District 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, recreational, or harbor purposes where the
    area or areas, in the opinion of the governing and
    administrative body, 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 these purposes, and where the
    leasing, in the opinion of the governing and
    administrative body, will aid and promote the development
    of terminal and port facilities.
        (2) To issue permits for the construction of all
    wharves, piers, dolphins, booms, weirs, breakwaters,
    bulkheads, jetties, bridges, basins, slips, harbors, or
    other structures of any kind, over, under, in, or near
    navigable waters within the Port District and permits for
    the deposit of rock, earth, sand, or other material, or
    any matter of any kind or description in the navigable
    waters; except nothing contained in this paragraph shall
    be construed so that it will be deemed necessary to obtain
    a permit from a city council of a participating
    municipality for the erection, operation, or maintenance
    of a bridge crossing a waterway that serves as a boundary
    between the State of Illinois and Iowa when the erection,
    operation, or maintenance of the bridge is performed by
    the participating municipality.
        (3) To locate and establish dock lines and shore or
    harbor lines.
        (4) To regulate the anchorage, moorage, and speed of
    waterborne vessels and to establish and enforce ordinances
    for the operation of bridges, except nothing contained in
    this paragraph shall be construed to give the Port
    District authority to regulate the operation of a bridge
    crossing a waterway that serves as a boundary between the
    State of Illinois and Iowa when operation of the bridge is
    performed by a participating municipality.
        (5) To acquire, own, construct, lease, operate, and
    maintain terminals, terminal facilities, and port
    facilities, including, but not limited to, the widening
    and deepening of slips, harbors, and navigable waters, and
    to fix and collect reasonable and nondiscriminatory
    charges for the use of the terminals and facilities. The
    charges 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.
        (6) To police its physical property and all waterways
    and to exercise police powers regarding the property and
    waterways or regarding the enforcement of an ordinance of
    a participating municipality within that municipality's
    boundaries, and to employ and commission police officers
    and other qualified persons to enforce the same. An
    ordinance of the participating municipality adopted under
    this paragraph may provide for a suspension or revocation,
    within the participating municipality, of any rights or
    privileges within the control of the participating
    municipality for a violation of the ordinance.
        (7) To establish, organize, own, acquire, participate
    in, operate, sell, and transfer export trading companies,
    whether as shareholder, partner, or co-venturer, alone or
    in cooperation with federal, state, or local governmental
    authorities, federal, state, or national banking
    associations, or any other public or private corporation
    or person or persons. An export trading company organized
    or operated under this paragraph and all the property of
    the export trading company shall have the same privileges
    and immunities as accorded to the participating
    municipality and may borrow money or obtain financial
    assistance from private lenders or federal and state
    governmental authorities or issue general obligation and
    revenue bonds with the same kinds of security in
    accordance with the same procedures, restrictions, and
    privileges applicable when a participating municipality
    obtains financial assistance or issues bonds for any of
    its other authorized purposes. An export trading company
    organized or operated under this paragraph may apply for
    certification under Title II or Title III of the federal
    Export Trading Company Act of 1982.
        As used in this paragraph (7), "export trading
    company" means a person, partnership, association, public
    or private corporation, or similar organization, whether
    operated for profit or not-for-profit, which is organized
    and operated principally for purposes of exporting goods
    or services produced in the United States, importing goods
    or services produced in foreign countries, conducting
    third-country trading, or facilitating trade by providing
    one or more services in support of trade.
        (8) To enter into agreements with the corporate
    authorities or governing body of any other unit of local
    government or any political subdivision of the State to
    pay the reasonable expense of services furnished by the
    unit of local government or political subdivision for or
    on account of income-producing properties of the Port
    District.
        (9) To enter into contracts dealing in any manner with
    the objects and purposes of this Act.
        (10) To acquire, own, lease, sell, or otherwise
    dispose of interests in real property and improvements to
    the real property and in personal property necessary to
    fulfill the purposes of the Port District for a
    participating municipality.
        (11) To designate the fiscal year for the Port
    District, which shall be the same fiscal year of a
    municipality that is annexed into the Port District either
    at the time of annexation or within 6 months after the
    annexation.
        (12) To engage in any activity or operation within a
    participating municipality which is incidental to and in
    furtherance of efficient operation of the Port District.
        (13) 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 and Border Protection and to establish,
    operate, maintain, and lease the foreign trade zones and
    sub-zones.
 
    Section 25. Powers under the Industrial Project Revenue
Bond Act. A participating municipality has the rights and
powers enumerated in the Industrial Project Revenue Bond Act
and may exercise those rights and powers in the same manner as
any other municipality, as that term is defined in Section
11-74-2 of that Act.
 
    Section 30. Buildings, property, and acquisition of
rights.
    (a) A participating municipality may 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 facilities.
    (b) A participating municipality may 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, port facilities,
terminal facilities, and any other building or facility that
the Port District has the power to acquire, construct,
reconstruct, extend, or improve to serve the needs of commerce
within the municipality's portion of the Port District. A
participating municipality may acquire real or personal
property or any rights in real or personal property 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: (i) no rights or property of any kind or character
owned, leased, controlled, or operated and used by, or
necessary for the actual operations of, any common carrier
engaged in interstate commerce, or of any other public utility
subject to the jurisdiction of the Illinois Commerce
Commission, shall be taken or appropriated by a participating
municipality without first obtaining the approval of the
Illinois Commerce Commission; and (ii) no property owned by a
participating municipality shall be taken or appropriated for
facilities within a participating municipality's corporate
limits without the approval of the city council of the
participating municipality.
 
    Section 35. 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.
 
    Section 40. Prompt payment. Purchases made pursuant to
this Act shall be made in compliance with the Local Government
Prompt Payment Act.
 
    Section 45. Lease of property; easements and permits;
rent, charges, and fees.
    (a) The city council of a participating municipality may
lease to others for any period of time, not to exceed 99 years,
upon terms the city council determines, any of its real
property, rights-of-way, or privileges, or any interest in or
part of its real property, rights-of-way, or privileges, for
industrial, manufacturing, commercial, recreational, or harbor
purposes that, in the opinion of the city council, is no longer
required for its primary purposes in the development of port
facilities for the use of public transportation, or that may
not be immediately needed for those purposes, but where the
leases will, in the opinion of the city council, aid and
promote those purposes. In conjunction with those leases, the
participating municipality may grant rights-of-way and
privileges across the property of the Port District within the
participating municipality and those rights-of-way and
privileges may be assignable and irrevocable during the term
of the lease and may include the right to enter upon the
property of the Port District within the participating
municipality to do things necessary for the enjoyment of the
leases, rights-of-way, and privileges. Those leases may
contain conditions and retain interest in the leases as
determined to be in the best interest of the Port District by
the participating municipality's city council.
    (b) The city council of a participating municipality may
grant easements and permits for the use of real property,
rights-of-way, or privileges within the participating
municipality, that, in the opinion of the participating
municipality's city council, will not interfere with the use
of the real property, rights-of-way, or privileges of the Port
District within the participating municipality for its
purposes, and those easements and permits may contain
conditions and retain interest deemed in the best interest of
the Port District within the participating municipality.
    (c) The city council of a participating municipality may
agree upon and collect the rentals, charges, and fees on all
leases, easements, rights-of-way, privileges, and permits made
or granted by the city council that are in the best interest of
the Port District within the participating municipality. The
rentals, charges, and fees charged shall be used to defray the
reasonable expenses of the Port District within the
participating municipality and to pay the principal of and
interest on any revenue bonds issued by the participating
municipality for Port District purposes.
 
    Section 50. Powers of participating municipalities.
    (a) A city council of a participating municipality may
apply for and accept grants, loans, or appropriations from the
federal government or a state government, or any agency or
instrumentality of the federal government or a state
government, to be used for any of the purposes of the Port
District within the participating municipality and to enter
into any agreements with the federal government or a state
government in relation to the grants, loans, or appropriations
by the participating municipality in which the funds will be
used.
    (b) A city council of a participating municipality may
petition any federal, state, or local authority, or any
administrative, judicial, or legislative authority, having
jurisdiction for the adoption and execution of any physical
improvement, change in method or system of handling freight,
warehousing, docking, lightering, and transfer of freight
that, in the opinion of the city council, is likely to improve
or better the handling of commerce in and through the Port
District in the participating municipality or improve terminal
or transportation facilities in the participating
municipality.
    (c) A city council of a participating municipality may
borrow money and issue either general obligation bonds or
revenue bonds for the purpose of (i) acquiring, constructing,
reconstructing, extending, improving, or operating the
terminals, terminal facilities, and other buildings or
facilities that the participating municipality has the power
to acquire, construct, reconstruct, extend, or improve, (ii)
acquiring any property and equipment useful for construction,
reconstruction, extension, improvement, or operation, and
(iii) acquiring necessary cash working funds.
 
    Section 55. Insurance and indemnification contracts. A
participating municipality may procure and enter into
contracts for any type of insurance or indemnity against loss
or damage to property from any cause, including against 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 Port District within the
participating municipality in the performance of the duties of
his or her office or employment, or against any other
insurable risk.
 
    Section 60. Bonds.
    (a) The city council of a participating municipality may,
pursuant to ordinance and within that municipality's corporate
limits, issue and dispose of its interest-bearing revenue
bonds and may also in the same manner issue and dispose of its
interest-bearing revenue bonds to refund any revenue bonds at
maturity or pursuant to redemption provisions or at any time
before maturity with the consent of the holders. Issuance and
disposition of revenue bonds under this subsection may be done
without submitting the question to referendum, notwithstanding
any other provision of law.
    (b) A city council of a participating municipality may
issue general obligation bonds to be used for Port District
purposes within that municipality's corporate limits inside
the Port District by adopting an ordinance specifying the
amount of bonds to be issued, the purpose for which the bonds
will be issued, the maximum rate of interest the bonds will
bear, which shall not be more than the maximum rate authorized
by the Bond Authorization Act in effect at the time of the
making of the contract, and the date of maturity, which shall
not be more than 20 years after the date of issuance. The city
council of a participating municipality may issue and, in
accordance with subsection (e), sell the bonds specified in
the ordinance and adopt an ordinance levying an annual tax
against all the taxable property within the municipality's
corporate limits inside the Port District sufficient to pay
the maturing principal and interest of the bonds and to file a
certified copy of the ordinances in the office of the county
clerk of Rock Island County. Thereafter, the county clerk
shall annually extend taxes against all the taxable property
within the corporate limits of the participating municipality
inside the Port District at the rate specified in the
ordinance levying the taxes. The aggregate amount of principal
of general obligation bonds issued under this subsection shall
not exceed 2.5% of the assessed valuation of all taxable
property within the corporate limits of the participating
municipality within the Port District.
    With respect to instruments for the payment of money
issued under this subsection: (i) the Omnibus Bond Acts are
supplementary grants of power to issue instruments in
accordance with the Omnibus Bond Acts, regardless of any
provision of this Act that may appear to be or to have been
more restrictive than those Acts, (ii) the provisions of this
subsection are not a limitation on the supplementary authority
granted by the Omnibus Bond Acts, and (iii) instruments issued
under this subsection within the supplementary authority
granted by the Omnibus Bond Acts are not invalid because of any
provision of this Act that may appear to be or to have been
more restrictive than those Acts.
    (c) All revenue bonds shall be payable solely from the
revenues or income to be derived from the terminals, terminal
facilities, port facilities, and any other building or
facility, or part of a building or facility, that the
participating municipality has the power to acquire,
construct, reconstruct, extend, or improve. The revenue bonds
may bear a single date or multiple dates and may mature at any
time not exceeding 40 years from the bonds' respective dates,
as shall be provided in the ordinance authorizing issuance.
Both revenue bonds and general obligation bonds may bear
interest at the rate or rates as permitted in the Bond
Authorization Act payable semi-annually, as provided in the
ordinance authorizing issuance. All bonds, whether revenue or
general obligations, may be in the form, may carry the
registration privileges, may be executed in the manner, may be
payable at the place or places, may be made subject to
redemption in the manner and upon the terms, with or without
premium as is stated on the face of the bond, may be
authenticated in the manner, and may contain terms and
covenants as provided in the ordinance authorizing issuance.
    The holder or holders of any bonds or interest coupons
attached to the bonds issued by a participating municipality
may bring suit to compel the performance and observance by the
participating municipality or any of its officers, agents, or
employees of any contract or covenant made by the
participating municipality with the holders of the bonds or
interest coupons and to compel the participating municipality
and any of its officers, agents, or employees to perform any
duties required to be performed for the benefit of the holders
of any of the bonds or interest coupons by the provision in the
ordinance authorizing the bonds' or interest coupons'
issuance, and to enjoin the participating municipality and any
of its officers, agents, or employees from taking any action
in conflict with any contract or covenant, including the
establishment of charges, fees, and rates for the use of
facilities.
    Notwithstanding the form and tenor of any bond, whether
revenue or general obligation, and in the absence of any
express recital on the face of the bond that it is
nonnegotiable, all the bonds shall be negotiable instruments.
Pending the preparation and execution of the bonds, temporary
bonds may be issued with or without interest coupons as
provided by ordinance.
    (d) All revenue bonds shall be issued and sold by the
participating municipality in the manner as the participating
municipality shall determine. However, if any bonds are issued
to bear interest at the maximum rate of interest allowed by
subsection (c), the bonds shall be sold for not less than par
and accrued interest. The selling price of bonds bearing
interest at a rate less than the maximum allowable interest
rate per annum shall be set so that the interest cost to the
participating municipality of the money received from the bond
sale shall not exceed the maximum annual interest rate allowed
by subsection (c), computed to absolute maturity of the bonds
according to standard tables of bond values.
    (e) All general obligation bonds issued by a participating
municipality shall be sold by the participating municipality
upon sealed bids to the highest and best responsible bidder
who specifies the lowest net interest cost for the bonds. The
participating municipality shall publish at least once, in a
newspaper published in and having general circulation in the
participating municipality, a notice of the time, date, and
place when and where sealed bids for the purchase of the bonds
will be received and publicly opened, read, and tabulated,
which shall not be less than 10 days after the date of the
publication. The bonds shall be sold for not less than par plus
accrued interest to the date of delivery.
    (f) Upon the issue of any revenue bonds as provided in this
Act, the participating municipality shall 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 revenue bonds sufficient
at all times with other revenues of the participating
municipality, if any, to pay: (i) the cost of maintaining,
repairing, regulating, and operating the facilities; and (ii)
the bonds and interest on the bonds as they become due and all
sinking fund requirements and other requirements provided by
the ordinance authorizing the issuance of the bonds or as
provided by any trust agreement executed to secure payment of
the bonds.
    The participating municipality may execute and deliver a
trust agreement or agreements to secure the payment of any or
all revenue bonds and for the purpose of setting forth the
covenants and undertaking by the participating municipality in
connection with the issuance of revenue bonds and the issuance
of any additional revenue bonds payable from revenue income
derived from the terminals, terminal facilities, port
facilities, and other buildings or facilities that the
participating municipality has the power to acquire,
construct, reconstruct, extend, or improve. However, a lien
upon any physical property of the participating municipality
shall not be created in the trust agreement or agreements. A
remedy for any breach or default of the terms of the trust
agreement by the participating municipality may be by mandamus
in the circuit court to compel performance and compliance with
the trust agreement, but the trust agreement may prescribe by
whom or on whose behalf the action may be instituted.
    (g) Bonds issued by a participating municipality and other
obligations of the participating municipality shall not be an
indebtedness or obligation of the State of Illinois, of a
political subdivision of the State, or of a unit of local
government, including the Port District or any other
participating municipality.
    A revenue bond shall not be an indebtedness of a
participating municipality within the purview of any
constitutional limitation or provision, and it shall be stated
on the face of each revenue bond that it does not constitute an
indebtedness but is payable solely from the revenues or income
derived from terminals, terminal facilities, and port
facilities within the corporate limits of that participating
municipality.
 
    Section 65. Tax levy. In addition to the tax that may be
imposed under subsection (b) of Section 60, a participating
municipality may levy a tax for corporate purposes of the Port
District within that portion of the municipality in the Port
District annually, but which rate shall not exceed .05% of the
value of all taxable property within that municipality within
the Port District as equalized or assessed by the Department
of Revenue.
 
    Section 70. Permits. It is 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, or
near any navigable waters within the Port District without
first submitting the plans, profiles, and specifications, and
any other data and information as may be required, to the
participating municipality in which the project is located and
receiving a permit. A person, corporation, company,
municipality, or other agency that does any of the things
prohibited in this Section without securing a permit as
required in this Section shall be guilty of a Class A
misdemeanor. However, a permit is not required (i) for any
project for which a permit has already been secured from a
proper governmental agency prior to the creation of the Port
District or (ii) for a project to be undertaken by a
participating municipality for which a permit is required from
a governmental agency other than the participating
municipality before the municipality can proceed with the
project. Any structure, fill, or deposit erected or made in
any of the public bodies of water within the Port District in
violation of the provisions of this Section is a purpresture
and may be abated at the expense of the person, corporation,
company, municipality, or other agency responsible for the
violation, or, if, in the discretion of the participating
municipality where the project is located, it is decided that
the structure, fill, or deposit may remain, the participating
municipality where the project is located may fix a
requirement, restriction, or rental or require and compel
necessary changes, modifications, and repairs to protect the
municipality's interest.
 
    Section 75. Conflicts of interest. Except as otherwise
provided in this Act, it is unlawful for any member, officer,
employee, or other appointee of the governing and
administrative body or participating municipality or for the
husband, wife, or minor child of a city council of a
participating municipality to have, acquire, obtain, or hold
any contract, work, or business of the Port District, whether
for stationery, printing, paper, services, material, or
supplies or any private financial interest in the sale or
lease of property to or from the Port District. It is unlawful
for any firm, partnership, association, or corporation from
which these persons shall be entitled, by contract, stock
ownership, or otherwise, to receive more than 7.5% of the
total distributable net income from having, acquiring,
obtaining, or holding the contract, work, or business or any
private financial interest. It is unlawful for any firm,
partnership, association, or corporation from which a listed
person, together with his or her wife, husband, or minor child
or children, or any combination, who shall by contract, stock
ownership, or otherwise be entitled to receive, in the
aggregate, more than 15% of the total distributable income
from having, acquiring, obtaining, or holding the contract,
work, or business or any private financial interest. Any
person, firm, partnership, association, or corporation that
violates the provisions of this Section shall forfeit any and
all sums paid or to be paid by the Port District under the
contract, sale, or lease and, if found guilty of a violation,
shall be guilty of a business offense and shall be fined not to
exceed $2,500.
 
    Section 80. Organization for the transaction of business.
As soon as practicable after the effective date of this Act and
as soon as practicable after the annexation of any property
into the Port District, the Rock Island City Council or the
city council of any subsequent municipality annexed into the
Port District, as applicable, shall determine how the
municipality will organize for the transaction of business
either as part of normal meetings of the municipality's city
council or special meetings to conduct business related to the
Port District that falls within the municipality's corporate
limits, and the city council shall determine whether separate
bylaws and procedures should be adopted to regulate and govern
proceedings of that portion of the Port District within the
participating municipality's corporate limits.
 
    Section 85. Meetings; actions of the Port District.
    (a) All city councils of participating municipalities
shall meet in a joint session at least once every calendar year
to discuss Port District business. Additionally, all city
councils of participating municipalities shall meet in a joint
session no later than 60 days following the annexation of a
municipality into the Port District.
    (b) The city council of a participating municipality shall
meet to discuss Port District business at least once each
calendar month, the time and place of the meetings to be fixed
by the city council of the participating municipality. Special
meetings may be called as allowed in the ordinances of the
participating municipality.
     (c) The Port District may act (i) through its governing
and administrative body for the Port District as a whole, as
provided in this subsection or (ii) individually through the
actions of a city council of a participating municipality
solely for the portion of Port District within that
participating municipality's corporate limits, as provided in
subsection (d).
    All actions by the governing and administrative body shall
be by ordinance or resolution by the affirmative vote of a
majority of the city councils of the participating
municipalities. However, the governing and administrative body
may not take any action solely within one participating
municipality without the approval of the majority of members
on that participating municipality's city council. If an
ordinance or resolution adopted by the governing and
administrative body conflicts with an ordinance or resolution
relating to Port District purposes adopted of a city council
of a participating municipality, the ordinance or resolution
adopted by the city council of the participating municipality
controls unless the majority of members on that participating
municipality's city council approved the ordinance or
resolution of the governing and administrative body.
    (d) All actions regarding the Port District within each
participating municipality shall be by ordinance or resolution
and, except as otherwise provided in this Act, the affirmative
vote of a majority of the city council of the participating
municipality. The chief elected officer of the city council of
a participating municipality is entitled to vote on all
matters coming before the city council related to the Port
District within the participating municipality,
notwithstanding any other provision of law.
    All ordinances, resolutions, and proceedings of the city
council of a participating municipality and all documents and
records in its possession are public records and open to
public inspection at the office of the participating
municipality, except documents and records that are kept or
prepared by the participating municipality for the Port
District within the municipality's corporate limits for use in
negotiations, legal actions, or proceedings related to that
portion of the Port District within the municipality's
corporate limits.
 
    Section 90. Treasurer and secretary. A participating
municipality's secretary and treasurer are assigned to those
same duties for Port District business within the
participating municipality. Their respective municipal
offices' constitutional oaths and corporate sureties shall
serve as the same for the conduct of work related to the Port
District within the participating municipality. Whatever penal
sum may be directed by the participating municipality's city
council conditioned upon the faithful performance of the
duties of the office and the payment of all money received by
him or her according to law shall be the same for work related
to the Port District within the participating municipality's
corporate limits. The city council may, at any time, require a
new bond from the treasurer in a penal sum determined by the
city council within the municipality's existing ordinances.
The obligation of the sureties shall not extend to any loss
sustained by the insolvency, failure, or closing of any
savings or loan association or national or State bank where
the treasurer has deposited funds if the bank or savings and
loan association has been approved by the city council as a
depositary for these funds. The oaths and corporate sureties
shall be filed in the principal office of the participating
municipality.
 
    Section 95. Funds of the Port District; check and draft
signatures.
    (a) All funds deposited by the treasurer in a bank or
savings and loan association shall be placed in the name of the
Port District for the participating municipality 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 chief elected official of the
municipality in which the funds were derived for the Port
District or in the same manner as required by the municipality
within the municipality's ordinances.
    A bank or savings and loan association may not receive
public funds as permitted by this subsection unless it has
complied with the requirements under Section 6 of the Public
Funds Investment Act.
    (b) If an officer whose signature appears upon a check or
draft issued pursuant to 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.
 
    Section 100. General manager; general attorney; chief
engineer.    A participating municipality may appoint a
general manager, who shall be a person of recognized ability
and business experience, to hold this position at the pleasure
of that municipality and within the municipal corporate limits
inside the Port District. The same general manager may be
appointed by more than one participating municipality. The
general manager may manage the properties and business of the
Port District and the employees of the Port District, subject
to the general control of the municipality or municipalities,
may direct the enforcement of all ordinances and resolutions
of the municipality or municipalities related to the Port
District, and may perform other duties prescribed by the
municipality or municipalities.
    A participating municipality may appoint a general
attorney, a chief engineer, and other officers, attorneys,
engineers, consultants, agents, and employees as may be
necessary and define their duties and may require bonds of
them as the municipality may designate. The same officers,
attorneys, engineers, consultants, agents, and employees
manager may be appointed by more than one participating
municipality.
    The general manager, general attorney, chief engineer and
all other employees provided for by this Section are exempt
from taking and subscribing to any oath of office and may not
be members of the city council of a participating
municipality. The compensation of the general manager, general
attorney, chief engineer, and all other officers, attorneys,
consultants, agents, and employees shall be fixed by the
participating municipality or municipalities employing the
individual. All employees are subject to the provisions of
Section 75.
 
    Section 105. Fines and Penalties. The city council of a
participating municipality may adopt any fines or penalties as
it deems proper. All fines and penalties shall be imposed by
ordinance, which shall be published in a newspaper of general
circulation in the area of the Port District within the
municipality's corporate limits. An ordinance imposing fines
or penalties may not take effect until 10 days after its
publication.
 
    Section 110. Report and financial statement. Within 60
days after the end of a fiscal year, a participating
municipality's city council shall have prepared by a certified
public accountant a complete and detailed report and financial
statement of the operations and assets and liabilities of the
Port District within the municipality's corporate limits.
Copies of the report shall be prepared for distribution to
persons interested, upon request, and a copy of the report and
financial statement shall be filed with the Governor and with
the Rock Island County Clerk.
 
    Section 115. Investigations; administrative decisions.
    (a) A participating municipality may investigate
conditions of the Port District within the municipality's
corporate limits and investigate the enforcement of the
municipality's ordinances relating to the Port District within
the municipality's corporate limits. When conducting an
investigation, the municipality may hold public hearings on
its own motion.
    A circuit court, upon application of a participating
municipality, may compel the attendance of witnesses, the
production of books and papers, and giving of testimony before
the municipality's city council by attachment for contempt or
otherwise in the same manner as the production of evidence may
be compelled before the court.
    When conducting an investigation authorized by this
Section, the participating municipality shall, at its expense,
provide a stenographer to take down all testimony and shall
preserve a record of the proceedings. The notice of hearing,
complaint, and all other documents in the nature of pleadings
and written motions filed in the proceedings, the transcript
of testimony, and the orders or decision of the city council
constitutes the record of the proceedings.
    (b) The city council of the participating municipality is
not required to certify any record or file any answer or
otherwise appear in any proceeding for judicial review of an
administrative decision unless the party asking for review
deposits with the clerk of the court the sum of $1 per page of
the record representing the costs of the certification.
Failure to make this deposit is ground for dismissal of the
action.
    A final administrative decision of a participating
municipality is subject to judicial review under the
Administrative Review Law and the rules adopted pursuant to
that Law.
 
    Section 120. Severability; interaction with other laws and
parties.
    (a) The provisions of this Act are severable under Section
1.31 of the Statute on Statutes.
    (b) The provisions of this Act do not impair, alter,
modify, repeal, or supersede the jurisdiction or powers of the
Illinois Commerce Commission or of the Department of Natural
Resources under the Rivers, Lakes, and Streams Act.
    (c) Nothing in this Act or done under its authority shall
apply to, restrict, limit, or interfere with the use of any
terminal 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 the land and facilities in the business of the
common carrier or other public utility without approval of the
Illinois Commerce Commission and without the payment of just
compensation to the common carrier or other public utility for
damages resulting from the restriction, limitation, or
interference.
    (d) The provisions of the Illinois Municipal Code shall
not be effective inside the Port District insofar as that Code
conflicts with this Act or grants substantially the same
powers to any municipality or political subdivision as are
granted to the Port District by this Act.
 
    Section 900. Home rule.
    (a) A participating municipality that is a home rule
municipality may not regulate or act in a manner inconsistent
with this Act as those regulations or acts apply to the Rock
Island Regional Port District. This Act is a limitation under
subsection (i) of Section 6 of Article VII of the Illinois
Constitution on the concurrent exercise by home rule units of
powers and functions exercised by the State.
    (b) Nothing in this Section prohibits regulations or
actions by a municipality that are otherwise lawful and not
expressly prohibited by or in conflict with this Act.
 
    Section 905. The Foreign Trade Zones Act is amended by
changing Section 1 as follows:
 
    (50 ILCS 40/1)  (from Ch. 24, par. 1361)
    Sec. 1. Each of the following units of State or local
government and public or private corporations shall have the
power to apply to proper authorities of the United States of
America pursuant to appropriate law for the right to
establish, operate, maintain and lease foreign trade zones and
sub-zones within its corporate limits or within limits
established pursuant to agreement with proper authorities of
the United States of America, as the case may be, and to
establish, operate, maintain and lease such foreign trade
zones and sub-zones:
    (a) The City of East St. Louis.
    (b) The Bi-State Authority, Lawrenceville - Vincennes
Airport.
    (c) The Waukegan Port district.
    (d) The Illinois Valley Regional Port District.
    (e) The Economic Development Council, Inc. located in the
area of the United States Customs Port of Entry for Peoria,
pursuant to authorization granted by the county boards in the
geographic area served by the proposed foreign trade zone.
    (f) The Greater Rockford Airport Authority.
    (f-1) The Rock Island Regional Port District,
    (f-5) The Illinois Department of Transportation, with
respect to the South Suburban Airport.
    (g) After the effective date of this amendatory Act of
1984, any county, city, village or town within the State or a
public or private corporation authorized or licensed to do
business in the State or any combination thereof may apply to
the Foreign Trade Zones Board, United States Department of
Commerce, for the right to establish, operate and maintain a
foreign trade zone and sub-zones. For the purposes of this
Section, such foreign trade zone or sub-zones may be
incorporated outside the corporate boundaries or be made up of
areas from adjoining counties or states.
    (h) No foreign trade zone may be established within 50
miles of an existing zone situated in a county with 3,000,000
or more inhabitants or within 35 miles of an existing zone
situated in a county with less than 3,000,000 inhabitants,
such zones having been created pursuant to this Act without
the permission of the authorities which established the
existing zone.
(Source: P.A. 98-109, eff. 7-25-13.)
 
    Section 910. The Eminent Domain Act is amended by changing
Section 15-5-46 as follows:
 
    (735 ILCS 30/15-5-46)
    Sec. 15-5-46. Eminent domain powers in new Acts. The
following provisions of law may include express grants of the
power to acquire property by condemnation or eminent domain:
 
    Rock Island Regional Port District Act; Rock Island Regional
    Port District and participating municipalities; for
    general Port District purposes. (Reserved).
(Source: P.A. 96-1522, eff. 2-14-11; 97-813, eff. 7-13-12.)