Bill Amendment: IL HB3434 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: LIBRARIES-FINANCIAL REPORTS

Status: 2016-01-03 - Rule 19(b) / Re-referred to Rules Committee [HB3434 Detail]

Download: Illinois-2015-HB3434-Senate_Amendment_001.html

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Sen. Antonio Mu�oz

Filed: 11/3/2015

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AMENDMENT TO HOUSE BILL 3434
AMENDMENT NO. ______. Amend House Bill 3434 by replacing
everything after the enacting clause with the following:
"Section 5. The Upper Illinois River Valley Development
Authority Act is amended by changing Sections 4 and 7 as
follows:
(70 ILCS 530/4) (from Ch. 85, par. 7154)
Sec. 4. Establishment.
(a) There is hereby created a political subdivision, body
politic and municipal corporation named the Upper Illinois
River Valley Development Authority. The territorial
jurisdiction of the Authority is that geographic area within
the boundaries of Grundy, LaSalle, Bureau, Putnam, Kendall,
Kane, Lake, McHenry, and Marshall counties in the State of
Illinois and any navigable waters and air space located
therein.

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(b) The governing and administrative powers of the
Authority shall be vested in a body consisting of 21 20 members
including, as ex officio members, the Director of Commerce and
Economic Opportunity, or his or her designee, and the Director
of the Department of Central Management Services, or his or her
designee. The other 19 18 members of the Authority shall be
designated "public members", 10 of whom shall be appointed by
the Governor with the advice and consent of the Senate and 9 8
of whom shall be appointed one each by the county board
chairmen of Grundy, LaSalle, Bureau, Putnam, Kendall, Kane,
Lake, McHenry, and Marshall counties. All public members shall
reside within the territorial jurisdiction of this Act. Eleven
members shall constitute a quorum. The public members shall be
persons of recognized ability and experience in one or more of
the following areas: economic development, finance, banking,
industrial development, small business management, real estate
development, community development, venture finance, organized
labor or civic, community or neighborhood organization. The
Chairman of the Authority shall be elected by the Board
annually from the 9 8 members appointed by the county board
chairmen.
(c) The terms of all initial members of the Authority shall
begin 30 days after the effective date of this Act. Of the 14
public members appointed pursuant to this Act, 4 appointed by
the Governor shall serve until the third Monday in January,
1992, 4 appointed by the Governor shall serve until the third

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Monday in January, 1993, one appointed by the Governor shall
serve until the third Monday in January, 1994, one appointed by
the Governor shall serve until the third Monday in January
1999, the member appointed by the county board chairman of
LaSalle County shall serve until the third Monday in January,
1992, the members appointed by the county board chairmen of
Grundy County, Bureau County, Putnam County, and Marshall
County shall serve until the third Monday in January, 1994, and
the member appointed by the county board chairman of Kendall
County shall serve until the third Monday in January, 1999. The
initial members appointed by the chairmen of the county boards
of Kane and McHenry counties shall serve until the third Monday
in January, 2003. The initial members appointed by the chairman
of the county board of Lake County shall serve until the third
Monday in January, 2018. All successors shall be appointed by
the original appointing authority and hold office for a term of
3 years commencing the third Monday in January of the year in
which their term commences, except in case of an appointment to
fill a vacancy. Vacancies occurring among the public members
shall be filled for the remainder of the term. In case of
vacancy in a Governor-appointed membership when the Senate is
not in session, the Governor may make a temporary appointment
until the next meeting of the Senate when a person shall be
nominated to fill such office, and any person so nominated who
is confirmed by the Senate shall hold office during the
remainder of the term and until a successor shall be appointed

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and qualified. Members of the Authority shall not be entitled
to compensation for their services as members but shall be
entitled to reimbursement for all necessary expenses incurred
in connection with the performance of their duties as members.
(d) The Governor may remove any public member of the
Authority in case of incompetency, neglect of duty, or
malfeasance in office.
(e) The Board shall appoint an Executive Director who shall
have a background in finance, including familiarity with the
legal and procedural requirements of issuing bonds, real estate
or economic development and administration. The Executive
Director shall hold office at the discretion of the Board. The
Executive Director shall be the chief administrative and
operational officer of the Authority, shall direct and
supervise its administrative affairs and general management,
shall perform such other duties as may be prescribed from time
to time by the members and shall receive compensation fixed by
the Authority. The Executive Director shall attend all meetings
of the Authority; however, no action of the Authority shall be
invalid on account of the absence of the Executive Director
from a meeting. The Authority may engage the services of such
other agents and employees, including attorneys, appraisers,
engineers, accountants, credit analysts and other consultants,
as it may deem advisable and may prescribe their duties and fix
their compensation.
(f) The Board may, by majority vote, nominate up to 4

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non-voting members for appointment by the Governor. Non-voting
members shall be persons of recognized ability and experience
in one or more of the following areas: economic development,
finance, banking, industrial development, small business
management, real estate development, community development,
venture finance, organized labor or civic, community or
neighborhood organization. Non-voting members shall serve at
the pleasure of the Board. All non-voting members may attend
meetings of the Board and shall be reimbursed as provided in
subsection (c).
(g) The Board shall create a task force to study and make
recommendations to the Board on the economic development of the
territory within the jurisdiction of this Act. The members of
the task force shall reside within the territorial jurisdiction
of this Act, shall serve at the pleasure of the Board and shall
be persons of recognized ability and experience in one or more
of the following areas: economic development, finance,
banking, industrial development, small business management,
real estate development, community development, venture
finance, organized labor or civic, community or neighborhood
organization. The number of members constituting the task force
shall be set by the Board and may vary from time to time. The
Board may set a specific date by which the task force is to
submit its final report and recommendations to the Board.
(Source: P.A. 94-793, eff. 5-19-06.)

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(70 ILCS 530/7) (from Ch. 85, par. 7157)
Sec. 7. Bonds.
(a) The Authority, with the written approval of the
Governor, shall have the continuing power to issue bonds,
notes, or other evidences of indebtedness in an aggregate
amount outstanding not to exceed $500,000,000 for the purpose
of developing, constructing, acquiring or improving projects,
including those established by business entities locating or
expanding property within the territorial jurisdiction of the
Authority, for entering into venture capital agreements with
businesses locating or expanding within the territorial
jurisdiction of the Authority, for acquiring and improving any
property necessary and useful in connection therewith and for
the purposes of the Employee Ownership Assistance Act. For the
purpose of evidencing the obligations of the Authority to repay
any money borrowed, the Authority may, pursuant to resolution,
from time to time issue and dispose of its interest bearing
revenue bonds, notes or other evidences of indebtedness and may
also from time to time issue and dispose of such bonds, notes
or other evidences of indebtedness to refund, at maturity, at a
redemption date or in advance of either, any bonds, notes or
other evidences of indebtedness pursuant to redemption
provisions or at any time before maturity. All such bonds,
notes or other evidences of indebtedness shall be payable
solely and only from the revenues or income to be derived from
loans made with respect to projects, from the leasing or sale

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of the projects or from any other funds available to the
Authority for such purposes. The bonds, notes or other
evidences of indebtedness may bear such date or dates, may
mature at such time or times not exceeding 40 years from their
respective dates, may bear interest at such rate or rates not
exceeding the maximum rate permitted by "An Act to authorize
public corporations to issue bonds, other evidences of
indebtedness and tax anticipation warrants subject to interest
rate limitations set forth therein", approved May 26, 1970, as
amended, may be in such form, may carry such registration
privileges, may be executed in such manner, may be payable at
such place or places, may be made subject to redemption in such
manner and upon such terms, with or without premium as is
stated on the face thereof, may be authenticated in such manner
and may contain such terms and covenants as may be provided by
an applicable resolution.
(b-1) The holder or holders of any bonds, notes or other
evidences of indebtedness issued by the Authority may bring
suits at law or proceedings in equity to compel the performance
and observance by any corporation or person or by the Authority
or any of its agents or employees of any contract or covenant
made with the holders of such bonds, notes or other evidences
of indebtedness, to compel such corporation, person, the
Authority and any of its agents or employees to perform any
duties required to be performed for the benefit of the holders
of any such bonds, notes or other evidences of indebtedness by

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the provision of the resolution authorizing their issuance and
to enjoin such corporation, person, the Authority and any of
its agents or employees from taking any action in conflict with
any such contract or covenant.
(b-2) If the Authority fails to pay the principal of or
interest on any of the bonds or premium, if any, as the same
become due, a civil action to compel payment may be instituted
in the appropriate circuit court by the holder or holders of
the bonds on which such default of payment exists or by an
indenture trustee acting on behalf of such holders. Delivery of
a summons and a copy of the complaint to the Chairman of the
Board shall constitute sufficient service to give the circuit
court jurisdiction of the subject matter of such a suit and
jurisdiction over the Authority and its officers named as
defendants for the purpose of compelling such payment. Any
case, controversy or cause of action concerning the validity of
this Act relates to the revenue of the State of Illinois.
(c) Notwithstanding the form and tenor of any such bonds,
notes or other evidences of indebtedness and in the absence of
any express recital on the face thereof that it is
non-negotiable, all such bonds, notes and other evidences of
indebtedness shall be negotiable instruments. Pending the
preparation and execution of any such bonds, notes or other
evidences of indebtedness, temporary bonds, notes or evidences
of indebtedness may be issued as provided by ordinance.
(d) To secure the payment of any or all of such bonds,

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notes or other evidences of indebtedness, the revenues to be
received by the Authority from a lease agreement or loan
agreement shall be pledged, and, for the purpose of setting
forth the covenants and undertakings of the Authority in
connection with the issuance thereof and the issuance of any
additional bonds, notes or other evidences of indebtedness
payable from such revenues, income or other funds to be derived
from projects, the Authority may execute and deliver a mortgage
or trust agreement. A remedy for any breach or default of the
terms of any such mortgage or trust agreement by the Authority
may be by mandamus proceedings in the appropriate circuit court
to compel the performance and compliance therewith, but the
trust agreement may prescribe by whom or on whose behalf such
action may be instituted.
(e) Such bonds or notes shall be secured as provided in the
authorizing ordinance which may, notwithstanding any other
provision of this Act, include in addition to any other
security a specific pledge or assignment of and lien on or
security interest in any or all revenues or money of the
Authority from whatever source which may by law be used for
debt service purposes and a specific pledge or assignment of
and lien on or security interest in any funds or accounts
established or provided for by ordinance of the Authority
authorizing the issuance of such bonds or notes.
(f) (Blank). In the event that the Authority determines
that monies of the Authority will not be sufficient for the

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payment of the principal of and interest on its bonds during
the next State fiscal year, the Chairman, as soon as
practicable, shall certify to the Governor the amount required
by the Authority to enable it to pay such principal of and
interest on the bonds. The Governor shall submit the amount so
certified to the General Assembly as soon as practicable, but
no later than the end of the current State fiscal year. This
Section shall not apply to any bonds or notes as to which the
Authority shall have determined, in the resolution authorizing
the issuance of the bonds or notes, that this Section shall not
apply. Whenever the Authority makes such a determination, that
fact shall be plainly stated on the face of the bonds or notes
and that fact shall also be reported to the Governor.
In the event of a withdrawal of moneys from a reserve fund
established with respect to any issue or issues of bonds of the
Authority to pay principal or interest on those bonds, the
Chairman of the Authority, as soon as practicable, shall
certify to the Governor the amount required to restore the
reserve fund to the level required in the resolution or
indenture securing those bonds. The Governor shall submit the
amount so certified to the General Assembly as soon as
practicable, but no later than the end of the current State
fiscal year. This subsection (f) shall not apply to any bond
issued on or after the effective date of this amendatory Act of
the 97th General Assembly.
(g) The State of Illinois pledges to and agrees with the

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holders of the bonds and notes of the Authority issued pursuant
to this Section that the State will not limit or alter the
rights and powers vested in the Authority by this Act so as to
impair the terms of any contract made by the Authority with
such holders or in any way impair the rights and remedies of
such holders until such bonds and notes, together with interest
thereon, with interest on any unpaid installments of interest,
and all costs and expenses in connection with any action or
proceedings by or on behalf of such holders, are fully met and
discharged. In addition, the State pledges to and agrees with
the holders of the bonds and notes of the Authority issued
pursuant to this Section that the State will not limit or alter
the basis on which State funds are to be paid to the Authority
as provided in this Act, or the use of such funds, so as to
impair the terms of any such contract. The Authority is
authorized to include these pledges and agreements of the State
in any contract with the holders of bonds or notes issued
pursuant to this Section.
(h) (Blank).
(Source: P.A. 97-312, eff. 8-11-11; 98-750, eff. 1-1-15.)
Section 10. The Flood Prevention District Act is amended by
changing Section 25 as follows:
(70 ILCS 750/25)
Sec. 25. Flood prevention retailers' and service

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occupation taxes.
(a) If the Board of Commissioners of a flood prevention
district determines that an emergency situation exists
regarding levee repair or flood prevention, and upon an
ordinance confirming the determination adopted by the
affirmative vote of a majority of the members of the county
board of the county in which the district is situated, the
county may impose a flood prevention retailers' occupation tax
upon all persons engaged in the business of selling tangible
personal property at retail within the territory of the
district to provide revenue to pay the costs of providing
emergency levee repair and flood prevention and to secure the
payment of bonds, notes, and other evidences of indebtedness
issued under this Act for a period not to exceed the later of
(i) 25 years or (ii) if bonds, notes or other evidences of
indebtedness are issued under this Act, for as long as required
to repay the bonds, notes, and other evidences of indebtedness
issued under this Act. The tax rate shall be 0.25% of the gross
receipts from all taxable sales made in the course of that
business. The tax imposed under this Section and all civil
penalties that may be assessed as an incident thereof shall be
collected and enforced by the State Department of Revenue. The
Department shall have full power to administer and enforce this
Section; to collect all taxes and penalties so collected in the
manner hereinafter provided; and to determine all rights to
credit memoranda arising on account of the erroneous payment of

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tax or penalty hereunder.
In the administration of and compliance with this
subsection, the Department and persons who are subject to this
subsection (i) have the same rights, remedies, privileges,
immunities, powers, and duties, (ii) are subject to the same
conditions, restrictions, limitations, penalties, and
definitions of terms, and (iii) shall employ the same modes of
procedure as are set forth in Sections 1 through 1o, 2 through
2-70 (in respect to all provisions contained in those Sections
other than the State rate of tax), 2a through 2h, 3 (except as
to the disposition of taxes and penalties collected), 4, 5, 5a,
5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10,
11, 11a, 12, and 13 of the Retailers' Occupation Tax Act and
all provisions of the Uniform Penalty and Interest Act as if
those provisions were set forth in this subsection.
Persons subject to any tax imposed under this Section may
reimburse themselves for their seller's tax liability
hereunder by separately stating the tax as an additional
charge, which charge may be stated in combination in a single
amount with State taxes that sellers are required to collect
under the Use Tax Act, under any bracket schedules the
Department may prescribe.
If a tax is imposed under this subsection (a), a tax shall
also be imposed under subsection (b) of this Section.
(b) If a tax has been imposed under subsection (a), a flood
prevention service occupation tax shall also be imposed upon

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all persons engaged within the territory of the district in the
business of making sales of service, who, as an incident to
making the sales of service, transfer tangible personal
property, either in the form of tangible personal property or
in the form of real estate as an incident to a sale of service
to provide revenue to pay the costs of providing emergency
levee repair and flood prevention and to secure the payment of
bonds, notes, and other evidences of indebtedness issued under
this Act for a period not to exceed the later of (i) 25 years or
(ii) if bonds, notes or other evidences of indebtedness are
issued under this Act, for as long as required to repay the
bonds, notes, and other evidences of indebtedness issued under
this Act. The tax rate shall be 0.25% of the selling price of
all tangible personal property transferred.
The tax imposed under this subsection and all civil
penalties that may be assessed as an incident thereof shall be
collected and enforced by the State Department of Revenue. The
Department shall have full power to administer and enforce this
subsection; to collect all taxes and penalties due hereunder;
to dispose of taxes and penalties collected in the manner
hereinafter provided; and to determine all rights to credit
memoranda arising on account of the erroneous payment of tax or
penalty hereunder.
In the administration of and compliance with this
subsection, the Department and persons who are subject to this
subsection shall (i) have the same rights, remedies,

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privileges, immunities, powers, and duties, (ii) be subject to
the same conditions, restrictions, limitations, penalties, and
definitions of terms, and (iii) employ the same modes of
procedure as are set forth in Sections 2 (except that the
reference to State in the definition of supplier maintaining a
place of business in this State means the district), 2a through
2d, 3 through 3-50 (in respect to all provisions contained in
those Sections other than the State rate of tax), 4 (except
that the reference to the State shall be to the district), 5,
7, 8 (except that the jurisdiction to which the tax is a debt
to the extent indicated in that Section 8 is the district), 9
(except as to the disposition of taxes and penalties
collected), 10, 11, 12 (except the reference therein to Section
2b of the Retailers' Occupation Tax Act), 13 (except that any
reference to the State means the district), Section 15, 16, 17,
18, 19, and 20 of the Service Occupation Tax Act and all
provisions of the Uniform Penalty and Interest Act, as fully as
if those provisions were set forth herein.
Persons subject to any tax imposed under the authority
granted in this subsection may reimburse themselves for their
serviceman's tax liability hereunder by separately stating the
tax as an additional charge, that charge may be stated in
combination in a single amount with State tax that servicemen
are authorized to collect under the Service Use Tax Act, under
any bracket schedules the Department may prescribe.
(c) The taxes imposed in subsections (a) and (b) may not be

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imposed on personal property titled or registered with an
agency of the State; food for human consumption that is to be
consumed off the premises where it is sold (other than
alcoholic beverages, soft drinks, and food that has been
prepared for immediate consumption); prescription and
non-prescription medicines, drugs, and medical appliances;
modifications to a motor vehicle for the purpose of rendering
it usable by a disabled person; or insulin, urine testing
materials, and syringes and needles used by diabetics.
(d) Nothing in this Section shall be construed to authorize
the district to impose a tax upon the privilege of engaging in
any business that under the Constitution of the United States
may not be made the subject of taxation by the State.
(e) The certificate of registration that is issued by the
Department to a retailer under the Retailers' Occupation Tax
Act or a serviceman under the Service Occupation Tax Act
permits the retailer or serviceman to engage in a business that
is taxable without registering separately with the Department
under an ordinance or resolution under this Section.
(f) The Department shall immediately pay over to the State
Treasurer, ex officio, as trustee, all taxes and penalties
collected under this Section to be deposited into the Flood
Prevention Occupation Tax Fund, which shall be an
unappropriated trust fund held outside the State treasury.
On or before the 25th day of each calendar month, the
Department shall prepare and certify to the Comptroller the

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disbursement of stated sums of money to the counties from which
retailers or servicemen have paid taxes or penalties to the
Department during the second preceding calendar month. The
amount to be paid to each county is equal to the amount (not
including credit memoranda) collected from the county under
this Section during the second preceding calendar month by the
Department, (i) less 2% of that amount, which shall be
deposited into the Tax Compliance and Administration Fund and
shall be used by the Department in administering and enforcing
the provisions of this Section on behalf of the county, (ii)
plus an amount that the Department determines is necessary to
offset any amounts that were erroneously paid to a different
taxing body; (iii) less an amount equal to the amount of
refunds made during the second preceding calendar month by the
Department on behalf of the county; and (iv) less any amount
that the Department determines is necessary to offset any
amounts that were payable to a different taxing body but were
erroneously paid to the county. When certifying the amount of a
monthly disbursement to a county under this Section, the
Department shall increase or decrease the amounts by an amount
necessary to offset any miscalculation of previous
disbursements within the previous 6 months from the time a
miscalculation is discovered.
Within 10 days after receipt by the Comptroller from the
Department of the disbursement certification to the counties
provided for in this Section, the Comptroller shall cause the

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orders to be drawn for the respective amounts in accordance
with directions contained in the certification.
If the Department determines that a refund should be made
under this Section to a claimant instead of issuing a credit
memorandum, then the Department shall notify the Comptroller,
who shall cause the order to be drawn for the amount specified
and to the person named in the notification from the
Department. The refund shall be paid by the Treasurer out of
the Flood Prevention Occupation Tax Fund.
(g) If a county imposes a tax under this Section, then the
county board shall, by ordinance, discontinue the tax upon the
payment of all indebtedness of the flood prevention district
provided that the . The tax shall not be discontinued if such
discontinuance would impair the District's ability to repay any
until all indebtedness issued under this Act of the District
has been paid.
(h) Any ordinance imposing the tax under this Section, or
any ordinance that discontinues the tax, must be certified by
the county clerk and filed with the Illinois Department of
Revenue either (i) on or before the first day of April,
whereupon the Department shall proceed to administer and
enforce the tax or change in the rate as of the first day of
July next following the filing; or (ii) on or before the first
day of October, whereupon the Department shall proceed to
administer and enforce the tax or change in the rate as of the
first day of January next following the filing.

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(j) County Flood Prevention Occupation Tax Fund. All
proceeds received by a county from a tax distribution under
this Section must be maintained in a special fund known as the
[name of county] flood prevention occupation tax fund. The
county shall, at the direction of the flood prevention
district, use moneys in the fund to pay the costs of providing
emergency levee repair and flood prevention and to pay bonds,
notes, and other evidences of indebtedness issued under this
Act.
(k) This Section may be cited as the Flood Prevention
Occupation Tax Law.
(l) This Section, as amended by this amendatory Act of the
99th General Assembly, shall be retroactively applied to any
tax imposed or indebtedness issued under this Act.
(Source: P.A. 96-939, eff. 6-24-10; 97-188, eff. 7-22-11.)
Section 15. The Kaskaskia Regional Port District Act is
amended by changing Sections 1.1, 3, 6, 7.1, 14, and 20.2 as
follows:
(70 ILCS 1830/1.1)
Sec. 1.1. Purpose. The General Assembly declares that the
main purpose of this Act is to promote industrial, commercial,
transportation, homeland security, recreation, water supply,
flood control, and economic activities thereby reducing the
evils attendant upon unemployment and enhancing the public

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health, safety, and welfare of this State.
(Source: P.A. 90-785, eff. 1-1-99.)
(70 ILCS 1830/3) (from Ch. 19, par. 503)
Sec. 3. There is created a political subdivision body
politic and municipal corporation, named "Kaskaskia Regional
Port District" embracing all of Monroe and Randolph Counties
and Freeburg, Millstadt, Smithton, Prairie Du Long, New Athens,
Marissa, Fayetteville, Engleman, Mascoutah, Shiloh Valley and
Lenzburg Townships of St. Clair County. The Port District may
sue and be sued in its corporate name but execution shall not
in any case issue against any property owned by the Port
District except for Port District property that the Port
District pledged as collateral to a bank or other financial
institution to secure a bank loan. It may adopt a common seal
and change the same at pleasure. The principal office of the
Port District shall be in the city of Red Bud Chester,
Illinois.
No rights, duties or privileges of such District, or those
of any person, existing before the change of name shall be
affected by the change provided by this amendatory Act of 1967.
All proceedings pending in any court in favor of or against
such District may continue to final consummation under the name
in which they were commenced.
(Source: P.A. 80-1495.)

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(70 ILCS 1830/6) (from Ch. 19, par. 506)
Sec. 6. The Port District has the following functions,
powers and duties:
(a) to study the existing harbor facilities within the area
of the Port District and to recommend to an appropriate
governmental agency, including the General Assembly of
Illinois, such changes and modifications as may from time to
time be required for continuing development therein and to meet
changing business and commercial needs;
(b) to make an investigation of conditions within the Port
District and to prepare and adopt a comprehensive plan for the
development of port facilities for the Port District. In
preparing and recommending changes and modifications in
existing harbor facilities, or a comprehensive plan for the
development of such port facilities, as above provided, the
Port District if it deems desirable 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, or
harbor purposes, where such area or areas in the opinion of the
Board, 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 such
purposes, and where such leasing in the opinion of the Board
will aid and promote the development of terminal and port
facilities;
(c) to study and make recommendations to the proper

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authority for the improvement of terminal, lighterage,
wharfage, warehousing, anchorage, transfer and other
facilities necessary for the promotion of commerce and the
interchange of traffic within, to and from the Port District;
(d) to study, prepare and recommend by specific proposals
to the General Assembly of Illinois changes in the jurisdiction
of the Port District;
(e) to petition any federal, state, municipal or local
authority, administrative, judicial and legislative, having
jurisdiction in the premises, for the adoption and execution of
any physical improvement, change in method, system of handling
freight, warehousing, docking, lightering and transfer of
freight, which in the opinion of the Board are designed to
improve or better the handling of commerce in and through the
Port District or improve terminal or transportation facilities
therein; and .
(f) to petition any federal, state, or local authority,
including administrative, judicial, and legislative branches,
having jurisdiction for the adoption and execution of any
physical improvement or operation related to the management of
fish and wildlife, recreation, water supply, or flood control
which in the opinion of the Board is for the purpose of
improving or bettering the quality of life in the Port District
or add to the diversity of amenities related to that purpose.
(Source: Laws 1965, p. 1013.)

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(70 ILCS 1830/7.1) (from Ch. 19, par. 507.1)
Sec. 7.1. Additional rights and powers. The Port District
has the following additional 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 Port
District, for the deposit of rock, earth, sand or other
material, or any matter of any kind or description in such
waters;
(b) To prevent and remove obstructions in navigable waters,
including the removal of wrecks or vessels; to recover damages,
including attorney fees, for the removal and clean-up of the
site or sites and the surrounding or downstream environment;
these rights and powers shall include, but are not limited to,
emergency powers to seize wrecks or vessels, remediate damages,
and provide for the disposition of the wrecks or vessels;
(c) To locate and establish dock lines and shore or harbor
lines;
(d) To regulate the anchorage, moorage and speed of water
borne vessels and to establish and enforce regulations for the
operation of bridges;
(e) To acquire, own, construct, lease, operate and maintain
terminals, terminal facilities, port facilities,
transportation equipment facilities, railroads and marinas,
and airport facilities and systems, and to fix and collect

09900HB3434sam001 - 24 - LRB099 03511 AWJ 39338 a
just, reasonable, and non-discriminatory charges for use of
such facilities, equipment and systems. The charges so
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;
(f) To operate, maintain, manage, lease, sub-lease, and to
make and enter into contracts for the use, operation or
management of, and to provide rules and regulations for, the
operation, management or use of, any public port or public port
facility;
(g) To fix, charge and collect reasonable rentals, tolls,
fees and charges for the use of any public port, or any part
thereof, or any public port facility;
(h) To establish, maintain, expand and improve roadways,
railroads, and approaches by land, or water, to any such
terminal, terminal facility and port facilities, and to
contract or otherwise provide by condemnation, if necessary,
for the removal of any port, terminal, terminal facilities and
port facility hazards or the removal or relocation of all
private structures, railroads, mains, pipes, conduits, wires,
poles, and all other facilities and equipment which may
interfere with the location, expansion, development or
improvement of ports, terminals, terminal facilities and port
facilities or with the safe approach thereto, or exit or
takeoff therefrom by vehicles, vessels, barges and other means
of transportation, and to pay the cost of removal or

09900HB3434sam001 - 25 - LRB099 03511 AWJ 39338 a
relocation;
(i) To police its physical property only and all waterways
and to exercise police powers in respect thereto or in respect
to the enforcement of any rule or regulation provided by the
ordinances of the District and to employ and commission police
officers and other qualified persons to enforce such rules and
regulations. A regulatory ordinance of the District adopted
under any provisions of this Section may provide for a
suspension or revocation of any rights or privileges within the
control of the District for a violation of any such regulatory
ordinance.
(j) To enter into agreements with the corporate authorities
or governing body of any other municipal corporation or any
political subdivision of this State to pay the reasonable
expense of services furnished by such municipal corporation or
political subdivision for or on account of income producing
properties of the District;
(k) To enter into contracts dealing in any manner with the
objects and purposes of this Act;
(l) To acquire, own, lease, mortgage, sell, or otherwise
dispose of interests in and to real property and improvements
situate thereon and in personal property necessary to fulfill
the purposes of the District;
(m) To designate the fiscal year for the District;
(n) To engage in any activity or operation which is
incidental to and in furtherance of efficient operation to

09900HB3434sam001 - 26 - LRB099 03511 AWJ 39338 a
accomplish the District's primary purpose;
(o) To acquire, erect, construct, maintain and operate
aquariums, museums, planetariums, climatrons and other
edifices for the collection and display of objects pertaining
to natural history or the arts and sciences and to permit the
directors or trustees of any corporation or society organized
for the erection, construction, maintenance and operation of an
aquarium, museum, planetarium, climatron or other such edifice
to perform such erection, construction, maintenance and
operation on or within any property now or hereafter owned by
or under the control or supervision of the District; and to
contract with any such directors or trustees relative to such
acquisition, erection, construction, maintenance and operation
and to charge or authorize such directors or trustees to charge
an admission fee, the proceeds of which shall be devoted
exclusively to such erection, construction, maintenance and
operation;
(p) To do any act which is enumerated in Section 11-74.1-1
of the "Illinois Municipal Code", in the same manner and form
as though the District were a "municipality" as referred to in
such Section;
(q) To 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,

09900HB3434sam001 - 27 - LRB099 03511 AWJ 39338 a
and buildings to be used as warehouses and other storage
facilities.
(r) To acquire, own, construct, lease or contract for any
period not exceeding 99 years, operate, develop, and maintain
Port District water and sewage systems and other utility
systems and services, including, but not limited to, pipes,
mains, lines, sewers, pumping stations, settling tanks,
treatment plants, water purification equipment, wells, storage
facilities, lines, and all other equipment, material, and
facilities necessary to those systems, for the use, upon
payment of reasonable fee set by the District, of any tenant,
occupant, or user of the District facilities or any person
engaged in commerce in the District; provided that the District
shall not acquire, own, construct, lease, operate, develop, and
maintain the systems and services if those systems and services
can be provided by an investor-owned public utility offering
electric or gas services. The public utility shall provide the
District with a written response, within 30 days after
receiving a written request from the District for those systems
or services, stating whether it will or will not be able to
provide the requested systems or services in accordance with
the Public Utilities Act.
(Source: P.A. 90-785, eff. 1-1-99.)
(70 ILCS 1830/14) (from Ch. 19, par. 514)
Sec. 14. The District has power to acquire and accept by

09900HB3434sam001 - 28 - LRB099 03511 AWJ 39338 a
purchase, lease, gift, grant or otherwise any property and
rights useful for its purposes and to provide for the
development of channels, ports, harbors, airports, airfields,
terminals, port facilities, terminal facilities, trails, and
other transportation facilities within the Port District
adequate to serve the needs of commerce within the area served
by the Port District. The Port District may acquire real or
personal property or any rights therein 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 no
property owned by any municipality within the Port District
shall be taken or appropriated without first obtaining consent
of the governing body of such municipality.
(Source: P.A. 94-1055, eff. 1-1-07.)
(70 ILCS 1830/20.2)
Sec. 20.2. Authorization to borrow moneys. The District's
Board may borrow money from any bank or other financial
institution and may provide appropriate security, including
mortgaging real estate, for that borrowing, if the money is
repaid within 20 3 years after the money is borrowed.
"Financial institution" means any bank subject to the Illinois
Banking Act, any savings and loan association subject to the
Illinois Savings and Loan Act of 1985, any savings bank subject
to the Savings Bank Act, and any federally chartered commercial
bank or savings and loan association organized and operated in

09900HB3434sam001 - 29 - LRB099 03511 AWJ 39338 a
this State pursuant to the laws of the United States.
(Source: P.A. 94-562, eff. 1-1-06.)
Section 20. The Metropolitan Water Reclamation District
Act is amended by changing Section 308 as follows:
(70 ILCS 2605/308)
Sec. 308. District enlarged. Upon the effective date of
this amendatory Act of the 99th General Assembly, the corporate
limits of the Metropolitan Water Reclamation District of
Greater Chicago are extended to include within those corporate
limits the following described tracts of land and the tracts
are hereby annexed to the District:
Parcel 1:
THAT PART OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION
28, TOWNSHIP 42 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL
MERIDIAN, LYING EAST OF THE EAST RIGHT OF WAY LINE OF
ELGIN, JOLIET AND EASTERN RAILROAD, IN COOK COUNTY,
ILLINOIS.
Parcel 2:
THE NORTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP
42 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN,
(EXCEPT THEREFROM STRIP OFF THE WEST END THEREOF CONVEYED
TO JERMIAH H. BROWNING BY DEED RECORDED SEPTEMBER 15TH

09900HB3434sam001 - 30 - LRB099 03511 AWJ 39338 a
1859, AS DOCUMENT 23078 IN BOOK 162, PAGE 619, SAID STRIP
BEING THIRTY FOUR AND ONE HALF FEET WIDE AT NORTH END FORTY
TWO FEET WIDE AT SOUTH END) IN COOK COUNTY, ILLINOIS.
PARCEL 3:
THAT PART OF HIGGINS ROAD (ILLINOIS ROUTE 72) LYING WITHIN
THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION
33 AND THE NORTHEAST QUARTER OF SECTION 32, ALL IN TOWNSHIP
42 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN,
EAST OF THE EAST RIGHT OF WAY LINE OF ELGIN, JOLIET AND
EASTERN RAILWAY, SOUTH OF THE NORTHERLY RIGHT OF WAY LINE
OF STATE ROUTE 72 PER DOCUMENT 12059405 AND AS SHOWN ON
PLAT OF SURVEY RECORDED AS DOCUMENT 12647596 AND NORTH OF
THE FOLLOWING DESCRIBED PROPERTY: STARTING AT A POINT AT
THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 42 NORTH, RANGE 9
EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE NORTH 00
DEGREES 09 MINUTES 10 SECONDS WEST, ALONG THE EAST LINE OF
AFORESAID NORTHWEST QUARTER, 1769.41 FEET TO A POINT ON THE
SOUTH RIGHT-OF-WAY LINE OF HIGGINS ROAD (STATE ROUTE 72);
THENCE NORTHWEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF
HIGGINS ROAD, NORTH 69 DEGREES 18 MINUTES 06 SECONDS WEST,
1821.21 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF ELGIN,
JOLIET AND EASTERN RAILWAY; THENCE SOUTH 10 DEGREES 55
MINUTES 12 SECONDS WEST ALONG SAID EASTERLY RIGHT-OF-WAY
LINE, 1122. 49 FEET TO A POINT ON THE SOUTH LINE OF THE

09900HB3434sam001 - 31 - LRB099 03511 AWJ 39338 a
NORTHEAST QUARTER OF SECTION 32; THENCE SOUTH 89 DEGREES 57
MINUTES 40 SECONDS EAST, 695.32 FEET; THENCE SOUTH 01
DEGREES 01 MINUTES 09 SECONDS WEST, 280.10 FEET; THENCE
SOUTH 02 DEGREES 21 MINUTES 40 SECONDS WEST, 1036.29 FEET
TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 33, TOWNSHIP 42 NORTH, RANGE 9 EAST;
THENCE SOUTH 89 DEGREES 46 MINUTES 32 SECONDS WEST ALONG
AFORESAID NORTH LINE, 901.63 FEET TO THE EASTERLY
RIGHT-OF-WAY LINE OF ELGIN, JOLIET AND EASTERN
RIGHT-OF-WAY; THENCE SOUTH 10 DEGREES 55 MINUTES 12 SECONDS
WEST ALONG SAID EASTERLY RIGHT-OF-WAY LINE, 1387.00 FEET TO
THE NORTHERLY RIGHT-OF-WAY LINE OF THE NORTHWEST TOLLWAY
(I-90); THENCE SOUTH 89 DEGREES 30 MINUTES 55 SECONDS EAST,
81.72 FEET; THENCE CONTINUING NORTH 89 DEGREES 54 MINUTES
53 SECONDS EAST ALONG AFORESAID NORTHERLY RIGHT-OF-WAY
LINE, 1514.13 FEET; THENCE NORTH 74 DEGREES 11 MINUTES 48
SECONDS EAST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE,
471.85 FEET; THENCE NORTH 50 DEGREES 25 MINUTES 36 SECONDS
EAST ALONG AFORESAID NORTHERLY RIGHT-OF-WAY , 501.95 FEET
TO THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF AFORESAID SECTION 33; THENCE NORTH 00 DEGREES 04
MINUTES 16 SECONDS EAST ALONG SAID EAST LINE, 932.35 FEET
TO THE POINT OF BEGINNING, ALL IN COOK COUNTY ILLINOIS.
(Source: P.A. 99-231, eff. 8-3-15.)
Section 99. Effective date. This Act takes effect upon

09900HB3434sam001 - 32 - LRB099 03511 AWJ 39338 a
becoming law.".