Bill Text: IL SB3654 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-02-09 - Referred to Assignments [SB3654 Detail]

Download: Illinois-2023-SB3654-Introduced.html

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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.
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A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Shawneetown Regional Port District Act is
amended by changing Section 4 as follows:
(70 ILCS 1850/4) (from Ch. 19, par. 404)
Sec. 4. The Port District has the following rights and
powers:
1. 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
Districts; for the deposit of rock, earth, sand or other
material, or any matter of any kind or description in said
waters; except that nothing contained in this paragraph 1
shall be construed so that it will be deemed necessary to
obtain a permit from the District for the erection, operation,
or maintenance of any bridge crossing a waterway which serves
as a boundary between the State of Illinois and any other
State, when said erection, operation, or maintenance is
performed by any city within the District;
2. To prevent or remove obstructions in navigable waters,
including the removal of wrecks;

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3. To locate and establish dock lines and shore or harbor
lines;
4. To regulate the anchorage, moorage and speed of water
borne vessels and to establish and enforce regulations for the
operation of bridges, except nothing contained in this
paragraph 4 shall be construed to give the District authority
to regulate the operation of any bridge crossing a water-way
which serves as a boundary between the State of Illinois and
any other State, when such operation is performed or to be
performed by any city within the District;
5. To acquire, own, construct, lease, operate and maintain
terminals, terminal facilities and port facilities, and to fix
and collect just, reasonable, and nondiscriminatory charges
for the use of such facilities. 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 District;
6. To locate, establish and maintain a public airport,
public airports and public airport facilities within its
corporate limits or within or upon any body of water adjacent
thereto, and to construct, develop, expand, extend and improve
any such airport or airport facility;
7. To operate, maintain, manage, lease, sublease, 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 airport or public

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airport facility;
8. To fix, charge and collect reasonable rentals, tolls,
fees, and charges for the use of any public airport, or any
part thereof, or any public airport facility. 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;
9. To establish, maintain, extend and improve roadways and
approaches by land, water or air to any such airport and to
contract or otherwise provide, by condemnation if necessary,
for the removal of any airport hazard or the removal or
relocation of all private structures, railways, mains, pipes,
conduits, wires, poles, and all other facilities and equipment
which may interfere with the location, expansion, development,
or improvement of airports or with the safe approach thereto
or takeoff therefrom by aircraft, and to pay the cost of
removal or relocation; and, subject to the "Airport Zoning
Act", approved July 17, 1945, as amended, to adopt, administer
and enforce airport zoning regulations for territory which is
within its corporate limits or which extends not more than two
miles beyond its corporate limits;
10. To restrict the height of any object of natural growth
or structure or structures within the vicinity of any airport
or within the lines of an approach to any airport and, when
necessary, for the reduction in the height of any such
existing object or structure, to enter into an agreement for

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such reduction or to accomplish same by condemnation;
11. To agree with the state or federal governments or with
any public agency in respect to the removal and relocation of
any object of natural growth, airport hazard or any structure
or building within the vicinity of any airport or within an
approach and which is owned or within the control of such
government or agency and to pay all or an agreed portion of the
cost of such removal or relocation;
12. For the prevention of accidents, for the furtherance
and protection of public health, safety and convenience in
respect to aeronautics, for the protection of property and
persons within the District from any hazard or nuisance
resulting from the flight of aircraft, for the prevention of
interference between, or collision of, aircraft while in
flight or upon the ground, for the prevention or abatement of
nuisances in the air or upon the ground or for the extension of
increase in the usefulness or safety of any public airport or
public airport facility owned by the District, the District
may regulate and restrict the flight of aircraft while within
or above the incorporated territory of the District;
13. 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 the same. The
use of any such public airport or public airport facility of

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the District shall be subject to the reasonable regulation and
control of the District and upon such reasonable terms and
conditions as shall be established by its Board. 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. Nothing in this
Section or in other provisions of this Act shall be construed
to authorize the Board to establish or enforce any regulation
or rule in respect to aviation, or the operation or
maintenance of any airport facility within its jurisdiction,
which is in conflict with any federal or state law or
regulation applicable to the same subject matter;
14. 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;
15. To enter into contracts dealing in any manner with the
objects and purposes of this Act.
16. To acquire, own, lease, 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;
17. To designate the fiscal year for the District.

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