95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0453

 

Introduced 2/8/2007, by Sen. Ira I. Silverstein

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 3501/801-15
20 ILCS 3805/4   from Ch. 67 1/2, par. 304
70 ILCS 1810/12   from Ch. 19, par. 163
70 ILCS 1810/13   from Ch. 19, par. 164
70 ILCS 1810/14   from Ch. 19, par. 165

    Amends the Illinois Finance Authority Act, the Illinois Housing Development Act, and the International Port District Act. Adds the Lieutenant Governor as an ex officio, non-voting member of the governing boards established by those Acts. Effective immediately.


LRB095 08921 JAM 29108 b

 

 

A BILL FOR

 

SB0453 LRB095 08921 JAM 29108 b

1     AN ACT concerning government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Finance Authority Act is amended by
5 changing Section 801-15 as follows:
 
6     (20 ILCS 3501/801-15)
7     Sec. 801-15. There is hereby created a body politic and
8 corporate to be known as the Illinois Finance Authority. The
9 exercise of the powers conferred by law shall be an essential
10 public function. The Authority shall consist of the Lieutenant
11 Governor as an ex officio member with no voting privileges and
12 15 appointed members, who shall be appointed by the Governor,
13 with the advice and consent of the Senate. Upon the appointment
14 of the Board and every 2 years thereafter, the chairperson of
15 the Authority shall be selected by the Governor to serve as
16 chairperson for two years. Appointments to the Authority shall
17 be persons of recognized ability and experience in one or more
18 of the following areas: economic development, finance,
19 banking, industrial development, small business management,
20 real estate development, housing, health facilities financing,
21 local government financing, community development, venture
22 finance, construction and labor relations. At the time of
23 appointment, the Governor shall designate 5 members to serve

 

 

SB0453 - 2 - LRB095 08921 JAM 29108 b

1 until the third Monday in July 2005, 5 members to serve until
2 the third Monday in July 2006 and 5 members to serve until the
3 third Monday in July 2007. Thereafter, appointments shall be
4 for 3-year terms. An appointed A member shall serve until his
5 or her successor shall be appointed and have qualified for
6 office by filing the oath and bond. Members of the Authority
7 shall not be entitled to compensation for their services as
8 members, but shall be entitled to reimbursement for all
9 necessary expenses incurred in connection with the performance
10 of their duties as members. The Governor may remove any
11 appointed member of the Authority in case of incompetence,
12 neglect of duty, or malfeasance in office, after service on him
13 of a copy of the written charges against him and an opportunity
14 to be publicly heard in person or by counsel in his own defense
15 upon not less than 10 days' notice. From nominations received
16 from the Governor, the members of the Authority shall appoint
17 an Executive Director who shall be a person knowledgeable in
18 the areas of financial markets and instruments, to hold office
19 for a one-year term. The Executive Director shall be the chief
20 administrative and operational officer of the Authority and
21 shall direct and supervise its administrative affairs and
22 general management and perform such other duties as may be
23 prescribed from time to time by the members and shall receive
24 compensation fixed by the Authority. The Executive Director or
25 any committee of the members may carry out such
26 responsibilities of the members as the members by resolution

 

 

SB0453 - 3 - LRB095 08921 JAM 29108 b

1 may delegate. The Executive Director shall attend all meetings
2 of the Authority; however, no action of the Authority shall be
3 invalid on account of the absence of the Executive Director
4 from a meeting. The Authority may engage the services of such
5 other agents and employees, including attorneys, appraisers,
6 engineers, accountants, credit analysts and other consultants,
7 as it may deem advisable and may prescribe their duties and fix
8 their compensation. The Authority may appoint Advisory
9 Councils to (1) assist in the formulation of policy goals and
10 objectives, (2) assist in the coordination of the delivery of
11 services, (3) assist in establishment of funding priorities for
12 the various activities of the Authority, and (4) target the
13 activities of the Authority to specific geographic regions.
14 There may be an Advisory Council on Economic Development. The
15 Advisory Council shall consist of no more than 12 members, who
16 shall serve at the pleasure of the Authority. Members of the
17 Advisory Council shall receive no compensation for their
18 services, but may be reimbursed for expenses incurred with
19 their service on the Advisory Council.
20 (Source: P.A. 93-205, eff. 1-1-04.)
 
21     Section 10. The Illinois Housing Development Act is amended
22 by changing Section 4 as follows:
 
23     (20 ILCS 3805/4)  (from Ch. 67 1/2, par. 304)
24     Sec. 4. There is hereby created a body politic and

 

 

SB0453 - 4 - LRB095 08921 JAM 29108 b

1 corporate to be known as the Illinois Housing Development
2 Authority. The Authority shall consist of the Lieutenant
3 Governor as an ex officio member with no voting privileges and
4 9 appointed members, including a senior citizen age 60 or
5 older, of whom not more than three shall be from any one county
6 in the State and of whom not more than 5 shall be of any one
7 political party. The Governor shall appoint the appointed
8 members of the Authority by and with the advice and consent of
9 the Senate. Three members first appointed shall hold office
10 until the second Monday in January, 1971 and until their
11 successors are appointed and qualified and four members shall
12 hold office until the second Monday in January, 1973 and until
13 their successors are appointed and qualified. The members first
14 appointed under this amendatory Act of 1984 shall serve for a
15 term of 4 years, commencing with the second Monday in January,
16 1985. After the expiration of the terms of office of those
17 first appointed, their respective successors shall hold office
18 from the second Monday in January of the year of their
19 respective appointments for a term of four years and until
20 their successors are appointed and qualified. In case of
21 vacancies in such offices during the recess of the Senate, the
22 Governor shall make a temporary appointment until the next
23 meeting of the Senate when he shall nominate some person to
24 fill such office, and any person so nominated, who is confirmed
25 by the Senate, shall hold his office during the remainder of
26 the term and until his successor shall be appointed and

 

 

SB0453 - 5 - LRB095 08921 JAM 29108 b

1 qualified. If the Senate is not in session at the time this
2 provision takes effect, the Governor shall make a temporary
3 appointment as in the case of a vacancy.
4 (Source: P.A. 83-1538.)
 
5     Section 15. The Illinois International Port District Act is
6 amended by changing Sections 12, 13, and 14 as follows:
 
7     (70 ILCS 1810/12)  (from Ch. 19, par. 163)
8     Sec. 12. The governing and administrative body of the
9 District shall be a board consisting of the Lieutenant Governor
10 as an ex officio member with no voting privileges and 9
11 appointed members, to be known as the Illinois International
12 Port District Board. Appointed members Members of the Board
13 shall be residents of a county whose territory, in whole or in
14 part, is embraced by the District and persons of recognized
15 business ability. The appointed members of the Board shall
16 receive compensation for their services, set by the Board at an
17 amount not to exceed $20,000.00 annually, except the Chairman
18 may receive an additional $5,000.00 annually, if approved by
19 the Board. All such compensation shall be paid directly from
20 the Port District's operating funds. The members shall receive
21 no other compensation whatever, whether in form of salary, per
22 diem allowance or otherwise, for or in connection with his
23 service as a member. The preceding sentence shall not prevent
24 any member from receiving any non-salary benefit of the type

 

 

SB0453 - 6 - LRB095 08921 JAM 29108 b

1 received by employees of the District. Each member shall be
2 reimbursed for actual expenses incurred by them in the
3 performance of their duties. Any person who is appointed to the
4 office of secretary or treasurer of the Board may receive
5 compensation for services as such officer, as determined by the
6 Board, provided such person is not a member of the Board. No
7 member of the Board or employee of the District shall have any
8 private financial interest, profit or benefit in any contract,
9 work or business of the District nor in the sale or lease of
10 any property to or from the District.
11 (Source: P.A. 93-250, eff. 7-22-03.)
 
12     (70 ILCS 1810/13)  (from Ch. 19, par. 164)
13     Sec. 13. The Governor, by and with the advice and consent
14 of the Senate, shall appoint four members of the Board for
15 initial terms expiring June first of the years 1952, 1953, 1954
16 and 1955, respectively, at least one of which members shall be
17 a resident of that portion of the District which is outside the
18 corporate limits of the city of Chicago, and the Mayor, with
19 advice and consent of the city council of the city of Chicago,
20 shall appoint three members of the Board for initial terms
21 expiring June first of the years 1952, 1953 and 1954,
22 respectively. Within 60 days after the effective date of this
23 amendatory Act of 1955, the Governor shall appoint in like
24 manner as other appointments for initial terms one additional
25 member who is a resident of Du Page County for an initial term

 

 

SB0453 - 7 - LRB095 08921 JAM 29108 b

1 expiring June 1, 1960, and the Mayor shall appoint in like
2 manner as other appointments for initial terms one additional
3 member for an initial term expiring June 1, 1960. Except as
4 hereinafter provided in this Section, at the expiration of the
5 term of any member appointed by the Governor, his successor
6 shall be appointed by the Governor in like manner, and at the
7 expiration of the term of any member appointed by the Mayor,
8 his successor shall be appointed by the Mayor in like manner,
9 as appointments for the initial terms. All successors shall
10 hold office for the term of five years from the first day of
11 June of the year in which they are appointed, except in the
12 case of an appointment to fill a vacancy. In case of vacancy in
13 the office of any member appointed by the Governor during the
14 recess of the Senate, the Governor shall make a temporary
15 appointment until the next meeting of the Senate when he shall
16 nominate some person to fill such office; and any person so
17 nominated, who is confirmed by the Senate, shall hold his
18 office during the remainder of the term and until his successor
19 shall be appointed and qualified. Each appointment by the
20 Governor shall be subject to approval by the Mayor and each
21 appointment by the Mayor shall be subject to approval by the
22 Governor, and, when so approved, the Governor and the Mayor
23 shall certify their respective appointments and approvals to
24 the Secretary of State. Within thirty days after certification
25 and approval of his appointment, and before entering upon the
26 duties of his office, each appointed member of the Board shall

 

 

SB0453 - 8 - LRB095 08921 JAM 29108 b

1 take and subscribe the constitutional oath of office and file
2 it in the office of the Secretary of State.
3     All appointed members of the Board, except those appointed
4 by the Governor, must reside within the area of the District as
5 defined in Section 3 of this Act. If, as a result of this
6 amendatory Act of 1977, any member of the Board no longer lives
7 within such area, a vacancy exists, which shall be filled by
8 appointment within 30 days after the effective date of this
9 amendatory Act of 1977.
10     The appointment of the successor of the member of the Board
11 appointed by the Governor whose term of office expires next
12 after the effective date of this amendatory Act of 1977 shall
13 be made by the Mayor, rather than by the Governor. It is the
14 intention of this amendatory Act of 1977 that hereafter 5
15 members shall be appointed by the Mayor, and 4 by the Governor,
16 but that the terms of office of members serving on the
17 effective date of this amendatory Act of 1977 should not be
18 disturbed.
19 (Source: P.A. 80-766.)
 
20     (70 ILCS 1810/14)  (from Ch. 19, par. 165)
21     Sec. 14. Appointed members Members of the Board shall hold
22 office until their respective successors have been appointed
23 and qualified. Any appointed member may resign from his office,
24 to take effect when his successor has been appointed and has
25 qualified. The Governor and the Mayor, respectively, may remove

 

 

SB0453 - 9 - LRB095 08921 JAM 29108 b

1 any member of the Board appointed by him in case of
2 incompetency, neglect of duty, or malfeasance in office. They
3 shall give him a copy of the charges against him and an
4 opportunity to be publicly heard in person or by counsel in his
5 own defense upon not less than ten days' notice. In case of
6 failure to qualify within the time required, or of abandonment
7 of his office, or in case of death, conviction of a crime or
8 removal from office, his office shall become vacant. Each
9 vacancy shall be filled for the unexpired term by appointment
10 in like manner, and with like regard as to the place of
11 residence of the appointee, as in case of expiration of the
12 term of a member of the Board.
13 (Source: Laws 1951, p. 256.)
 
14     Section 99. Effective date. This Act takes effect upon
15 becoming law.