Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3654 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3654 Introduced 2/9/2024, by Sen. Dale Fowler SYNOPSIS AS INTRODUCED: 70 ILCS 1850/4 from Ch. 19, par. 404 Amends the Shawneetown Regional Port District Act. Allows the Port District to regulate the use of public-owned or municipal-owned property that is (i) within 7,000 feet of any navigable waterway within the District and (ii) within Shawnee Township, Bowlesville Township, or the Village of Old Shawneetown, but limits the regulation for the fulfillment of the Port District's purpose of commerce and economic development. Provides that the District's authority to regulate the use and construction of the property is superior to the authority of any unit of local government within the property, including the District's right to vacate streets, alleys, and easements within the property; to vacate ordinances or resolutions of units of local government relating to the property; to issue permits for the use of buildings or structures on the property; and otherwise adopt any ordinances or resolutions regarding the property as necessary to fulfill the District's purposes. Provides that the Port District may impose a charge of the throughput to a company for products being imported or exported through the Port District from navigable waters at a rate to be set by the Port District. LRB103 39453 AWJ 69647 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3654 Introduced 2/9/2024, by Sen. Dale Fowler SYNOPSIS AS INTRODUCED: 70 ILCS 1850/4 from Ch. 19, par. 404 70 ILCS 1850/4 from Ch. 19, par. 404 Amends the Shawneetown Regional Port District Act. Allows the Port District to regulate the use of public-owned or municipal-owned property that is (i) within 7,000 feet of any navigable waterway within the District and (ii) within Shawnee Township, Bowlesville Township, or the Village of Old Shawneetown, but limits the regulation for the fulfillment of the Port District's purpose of commerce and economic development. Provides that the District's authority to regulate the use and construction of the property is superior to the authority of any unit of local government within the property, including the District's right to vacate streets, alleys, and easements within the property; to vacate ordinances or resolutions of units of local government relating to the property; to issue permits for the use of buildings or structures on the property; and otherwise adopt any ordinances or resolutions regarding the property as necessary to fulfill the District's purposes. Provides that the Port District may impose a charge of the throughput to a company for products being imported or exported through the Port District from navigable waters at a rate to be set by the Port District. LRB103 39453 AWJ 69647 b LRB103 39453 AWJ 69647 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3654 Introduced 2/9/2024, by Sen. Dale Fowler SYNOPSIS AS INTRODUCED:
3	3	70 ILCS 1850/4 from Ch. 19, par. 404 70 ILCS 1850/4 from Ch. 19, par. 404
4	4	70 ILCS 1850/4 from Ch. 19, par. 404
5	5	Amends the Shawneetown Regional Port District Act. Allows the Port District to regulate the use of public-owned or municipal-owned property that is (i) within 7,000 feet of any navigable waterway within the District and (ii) within Shawnee Township, Bowlesville Township, or the Village of Old Shawneetown, but limits the regulation for the fulfillment of the Port District's purpose of commerce and economic development. Provides that the District's authority to regulate the use and construction of the property is superior to the authority of any unit of local government within the property, including the District's right to vacate streets, alleys, and easements within the property; to vacate ordinances or resolutions of units of local government relating to the property; to issue permits for the use of buildings or structures on the property; and otherwise adopt any ordinances or resolutions regarding the property as necessary to fulfill the District's purposes. Provides that the Port District may impose a charge of the throughput to a company for products being imported or exported through the Port District from navigable waters at a rate to be set by the Port District.
6	6	LRB103 39453 AWJ 69647 b LRB103 39453 AWJ 69647 b
7	7	LRB103 39453 AWJ 69647 b
8	8	A BILL FOR
9	9	SB3654LRB103 39453 AWJ 69647 b SB3654 LRB103 39453 AWJ 69647 b
10	10	SB3654 LRB103 39453 AWJ 69647 b
11	11	1 AN ACT concerning local government.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Shawneetown Regional Port District Act is
15	15	5 amended by changing Section 4 as follows:
16	16	6 (70 ILCS 1850/4) (from Ch. 19, par. 404)
17	17	7 Sec. 4. The Port District has the following rights and
18	18	8 powers:
19	19	9 1. To issue permits: for the construction of all wharves,
20	20	10 piers, dolphins, booms, weirs, breakwaters, bulkheads,
21	21	11 jetties, bridges or other structures of any kind, over, under,
22	22	12 in, or within 40 feet of any navigable waters within the Port
23	23	13 Districts; for the deposit of rock, earth, sand or other
24	24	14 material, or any matter of any kind or description in said
25	25	15 waters; except that nothing contained in this paragraph 1
26	26	16 shall be construed so that it will be deemed necessary to
27	27	17 obtain a permit from the District for the erection, operation,
28	28	18 or maintenance of any bridge crossing a waterway which serves
29	29	19 as a boundary between the State of Illinois and any other
30	30	20 State, when said erection, operation, or maintenance is
31	31	21 performed by any city within the District;
32	32	22 2. To prevent or remove obstructions in navigable waters,
33	33	23 including the removal of wrecks;
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3654 Introduced 2/9/2024, by Sen. Dale Fowler SYNOPSIS AS INTRODUCED:
38	38	70 ILCS 1850/4 from Ch. 19, par. 404 70 ILCS 1850/4 from Ch. 19, par. 404
39	39	70 ILCS 1850/4 from Ch. 19, par. 404
40	40	Amends the Shawneetown Regional Port District Act. Allows the Port District to regulate the use of public-owned or municipal-owned property that is (i) within 7,000 feet of any navigable waterway within the District and (ii) within Shawnee Township, Bowlesville Township, or the Village of Old Shawneetown, but limits the regulation for the fulfillment of the Port District's purpose of commerce and economic development. Provides that the District's authority to regulate the use and construction of the property is superior to the authority of any unit of local government within the property, including the District's right to vacate streets, alleys, and easements within the property; to vacate ordinances or resolutions of units of local government relating to the property; to issue permits for the use of buildings or structures on the property; and otherwise adopt any ordinances or resolutions regarding the property as necessary to fulfill the District's purposes. Provides that the Port District may impose a charge of the throughput to a company for products being imported or exported through the Port District from navigable waters at a rate to be set by the Port District.
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43	43	A BILL FOR
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49	49	70 ILCS 1850/4 from Ch. 19, par. 404
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68	68	1 3. To locate and establish dock lines and shore or harbor
69	69	2 lines;
70	70	3 4. To regulate the anchorage, moorage and speed of water
71	71	4 borne vessels and to establish and enforce regulations for the
72	72	5 operation of bridges, except nothing contained in this
73	73	6 paragraph 4 shall be construed to give the District authority
74	74	7 to regulate the operation of any bridge crossing a water-way
75	75	8 which serves as a boundary between the State of Illinois and
76	76	9 any other State, when such operation is performed or to be
77	77	10 performed by any city within the District;
78	78	11 5. To acquire, own, construct, lease, operate and maintain
79	79	12 terminals, terminal facilities and port facilities, and to fix
80	80	13 and collect just, reasonable, and nondiscriminatory charges
81	81	14 for the use of such facilities. The charges so collected shall
82	82	15 be used to defray the reasonable expenses of the Port District
83	83	16 and to pay the principal of and interest on any revenue bonds
84	84	17 issued by the District;
85	85	18 6. To locate, establish and maintain a public airport,
86	86	19 public airports and public airport facilities within its
87	87	20 corporate limits or within or upon any body of water adjacent
88	88	21 thereto, and to construct, develop, expand, extend and improve
89	89	22 any such airport or airport facility;
90	90	23 7. To operate, maintain, manage, lease, sublease, and to
91	91	24 make and enter into contracts for the use, operation or
92	92	25 management of, and to provide rules and regulations for, the
93	93	26 operation, management or use of, any public airport or public
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104	104	1 airport facility;
105	105	2 8. To fix, charge and collect reasonable rentals, tolls,
106	106	3 fees, and charges for the use of any public airport, or any
107	107	4 part thereof, or any public airport facility. The Port
108	108	5 District may impose a charge of the throughput to a company for
109	109	6 products being imported or exported through the Port District
110	110	7 from navigable waters at a rate to be set by the Port District;
111	111	8 9. To establish, maintain, extend and improve roadways and
112	112	9 approaches by land, water or air to any such airport and to
113	113	10 contract or otherwise provide, by condemnation if necessary,
114	114	11 for the removal of any airport hazard or the removal or
115	115	12 relocation of all private structures, railways, mains, pipes,
116	116	13 conduits, wires, poles, and all other facilities and equipment
117	117	14 which may interfere with the location, expansion, development,
118	118	15 or improvement of airports or with the safe approach thereto
119	119	16 or takeoff therefrom by aircraft, and to pay the cost of
120	120	17 removal or relocation; and, subject to the "Airport Zoning
121	121	18 Act", approved July 17, 1945, as amended, to adopt, administer
122	122	19 and enforce airport zoning regulations for territory which is
123	123	20 within its corporate limits or which extends not more than two
124	124	21 miles beyond its corporate limits;
125	125	22 10. To restrict the height of any object of natural growth
126	126	23 or structure or structures within the vicinity of any airport
127	127	24 or within the lines of an approach to any airport and, when
128	128	25 necessary, for the reduction in the height of any such
129	129	26 existing object or structure, to enter into an agreement for
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140	140	1 such reduction or to accomplish same by condemnation;
141	141	2 11. To agree with the state or federal governments or with
142	142	3 any public agency in respect to the removal and relocation of
143	143	4 any object of natural growth, airport hazard or any structure
144	144	5 or building within the vicinity of any airport or within an
145	145	6 approach and which is owned or within the control of such
146	146	7 government or agency and to pay all or an agreed portion of the
147	147	8 cost of such removal or relocation;
148	148	9 12. For the prevention of accidents, for the furtherance
149	149	10 and protection of public health, safety and convenience in
150	150	11 respect to aeronautics, for the protection of property and
151	151	12 persons within the District from any hazard or nuisance
152	152	13 resulting from the flight of aircraft, for the prevention of
153	153	14 interference between, or collision of, aircraft while in
154	154	15 flight or upon the ground, for the prevention or abatement of
155	155	16 nuisances in the air or upon the ground or for the extension of
156	156	17 increase in the usefulness or safety of any public airport or
157	157	18 public airport facility owned by the District, the District
158	158	19 may regulate and restrict the flight of aircraft while within
159	159	20 or above the incorporated territory of the District;
160	160	21 13. To police its physical property only and all waterways
161	161	22 and to exercise police powers in respect thereto or in respect
162	162	23 to the enforcement of any rule or regulation provided by the
163	163	24 ordinances of the District and to employ and commission police
164	164	25 officers and other qualified persons to enforce the same. The
165	165	26 use of any such public airport or public airport facility of
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176	176	1 the District shall be subject to the reasonable regulation and
177	177	2 control of the District and upon such reasonable terms and
178	178	3 conditions as shall be established by its Board. A regulatory
179	179	4 ordinance of the District adopted under any provisions of this
180	180	5 Section may provide for a suspension or revocation of any
181	181	6 rights or privileges within the control of the District for a
182	182	7 violation of any such regulatory ordinance. Nothing in this
183	183	8 Section or in other provisions of this Act shall be construed
184	184	9 to authorize the Board to establish or enforce any regulation
185	185	10 or rule in respect to aviation, or the operation or
186	186	11 maintenance of any airport facility within its jurisdiction,
187	187	12 which is in conflict with any federal or state law or
188	188	13 regulation applicable to the same subject matter;
189	189	14 14. To enter into agreements with the corporate
190	190	15 authorities or governing body of any other municipal
191	191	16 corporation or any political subdivision of this State to pay
192	192	17 the reasonable expense of services furnished by such municipal
193	193	18 corporation or political subdivision for or on account of
194	194	19 income producing properties of the District;
195	195	20 15. To enter into contracts dealing in any manner with the
196	196	21 objects and purposes of this Act.
197	197	22 16. To acquire, own, lease, sell or otherwise dispose of
198	198	23 interests in and to real property and improvements situate
199	199	24 thereon and in personal property necessary to fulfill the
200	200	25 purposes of the District;
201	201	26 17. To designate the fiscal year for the District.
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