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1 | | (e) Holders of, and candidates for nomination or |
2 | | election to, the office
of judge or associate judge of the |
3 | | Circuit Court and the office of judge of
the Appellate or |
4 | | Supreme Court.
|
5 | | (f) Persons who are employed by any branch, agency, |
6 | | authority or board
of the government of this State, |
7 | | including but not limited to, the Illinois
State Toll |
8 | | Highway Authority, the Illinois Housing Development |
9 | | Authority,
the Illinois Community College Board, and |
10 | | institutions under the
jurisdiction of the Board of |
11 | | Trustees
of the University of Illinois, Board of Trustees |
12 | | of Southern Illinois
University, Board of Trustees of |
13 | | Chicago State University,
Board of Trustees of Eastern |
14 | | Illinois University, Board of Trustees of Governors
State |
15 | | University, Board of Trustees of Illinois State |
16 | | University,
Board of Trustees of Northeastern Illinois |
17 | | University, Board of Trustees of
Northern Illinois |
18 | | University, Board of Trustees of Western Illinois
|
19 | | University, or Board of Trustees of the Illinois |
20 | | Mathematics and Science
Academy, and are compensated for |
21 | | services as employees and not as
independent contractors |
22 | | and who:
|
23 | | (1) are, or function as, the head of a department, |
24 | | commission, board,
division, bureau, authority or |
25 | | other administrative unit within the
government of |
26 | | this State, or who exercise similar authority within |
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1 | | the
government of this State;
|
2 | | (2) have direct supervisory authority over, or |
3 | | direct responsibility for
the formulation, |
4 | | negotiation, issuance or execution of contracts |
5 | | entered into
by the State in the amount of $5,000 or |
6 | | more;
|
7 | | (3) have authority for the issuance or |
8 | | promulgation of rules and
regulations within areas |
9 | | under the authority of the State;
|
10 | | (4) have authority for the approval of |
11 | | professional licenses;
|
12 | | (5) have responsibility with respect to the |
13 | | financial inspection
of regulated nongovernmental |
14 | | entities;
|
15 | | (6) adjudicate, arbitrate, or decide any judicial |
16 | | or administrative
proceeding, or review the |
17 | | adjudication, arbitration or decision of any judicial
|
18 | | or administrative proceeding within the authority of |
19 | | the State;
|
20 | | (7) have supervisory responsibility for 20 or more |
21 | | employees of the
State;
|
22 | | (8) negotiate, assign, authorize, or grant naming |
23 | | rights or sponsorship rights regarding any property or |
24 | | asset of the State, whether real, personal, tangible, |
25 | | or intangible; or
|
26 | | (9) have responsibility with respect to the |
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1 | | procurement of goods or services. |
2 | | (f-5) Members of the board of commissioners of any |
3 | | flood prevention district created under the Flood |
4 | | Prevention District Act or the Beardstown Regional Flood |
5 | | Prevention District Act. |
6 | | (g) (Blank).
|
7 | | (h) (Blank).
|
8 | | (i) (Blank).
|
9 | | (j) Persons on the Board of Trustees of the Illinois |
10 | | Mathematics and
Science Academy.
|
11 | | (k) (Blank).
|
12 | | (l) Special government agents. A "special government |
13 | | agent" is a
person who is directed, retained, designated, |
14 | | appointed, or
employed, with or without compensation, by |
15 | | or on behalf of a
statewide executive branch |
16 | | constitutional officer to make an ex
parte communication |
17 | | under Section 5-50 of the State Officials and
Employees |
18 | | Ethics Act or Section 5-165 of the Illinois
Administrative |
19 | | Procedure Act.
|
20 | | (m) (Blank). |
21 | | (n) Members of the board of any retirement system or |
22 | | investment board established under the Illinois Pension |
23 | | Code, if not required to file under any other provision of |
24 | | this Section. |
25 | | (o) (Blank). |
26 | | (p) Members of the investment advisory panel created |
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1 | | under Section 20 of the Illinois Prepaid Tuition Act. |
2 | | (q) Persons serving as Executive Director or otherwise |
3 | | involved with directing the affairs of a Regional |
4 | | Development Authority. As used in this subsection, |
5 | | "Regional Development Authority" has the meaning given to |
6 | | that term in Section 1-5 of the State Officials and |
7 | | Employees Ethics Act. |
8 | | This Section shall not be construed to prevent any unit of |
9 | | local government
from enacting financial disclosure |
10 | | requirements that mandate
more information
than required by |
11 | | this Act.
|
12 | | (Source: P.A. 101-81, eff. 7-12-19; 101-221, eff. 8-9-19.)
|
13 | | Section 10. The State Officials and Employees Ethics Act |
14 | | is amended by changing Sections 1-5, 20-5, 20-10, 20-23, and |
15 | | 75-5 and changing the heading of Article 75 as follows:
|
16 | | (5 ILCS 430/1-5)
|
17 | | Sec. 1-5. Definitions. As used in this Act:
|
18 | | "Appointee" means a person appointed to a position in or |
19 | | with a State
agency, regardless of whether the position is |
20 | | compensated.
|
21 | | "Board members of Regional Development Authorities" means
|
22 | | any person appointed to serve on the governing board of a
|
23 | | Regional Development Authority. |
24 | | "Board members of Regional Transit Boards" means any |
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1 | | person appointed to serve on the governing board of a Regional |
2 | | Transit Board. |
3 | | "Campaign for elective office" means any activity in |
4 | | furtherance of an
effort to influence the selection, |
5 | | nomination, election, or appointment of any
individual to any |
6 | | federal, State, or local public office or office in a
|
7 | | political organization, or the selection, nomination, or |
8 | | election
of Presidential or Vice-Presidential electors,
but |
9 | | does not include
activities (i) relating to the support or |
10 | | opposition of any executive,
legislative, or administrative |
11 | | action (as those terms are defined in Section 2
of the Lobbyist |
12 | | Registration Act), (ii) relating to collective bargaining, or
|
13 | | (iii) that are otherwise in furtherance of the person's |
14 | | official State duties.
|
15 | | "Candidate" means a person who has
filed nominating papers |
16 | | or petitions for nomination or election to an elected
State |
17 | | office, or who has been appointed to fill a vacancy in |
18 | | nomination, and
who remains eligible for placement on the |
19 | | ballot at either a
general primary election or general |
20 | | election.
|
21 | | "Collective bargaining" has the same meaning as that term |
22 | | is defined in
Section 3 of the Illinois Public Labor Relations |
23 | | Act.
|
24 | | "Commission" means an ethics commission created by this |
25 | | Act.
|
26 | | "Compensated time" means any time worked by or credited to |
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1 | | a State employee
that counts
toward any minimum work time |
2 | | requirement imposed as a condition of employment
with a State |
3 | | agency, but does not include any designated State holidays or |
4 | | any
period when the employee is on a
leave of absence.
|
5 | | "Compensatory time off" means authorized time off earned |
6 | | by or awarded to a
State employee to compensate in whole or in |
7 | | part for time worked in excess of
the minimum work time |
8 | | required
of that employee as a condition of employment with a |
9 | | State agency.
|
10 | | "Contribution" has the same meaning as that term is |
11 | | defined in Section 9-1.4
of the Election Code.
|
12 | | "Employee" means (i) any person employed full-time, |
13 | | part-time, or
pursuant to a contract and whose employment |
14 | | duties are subject to the direction
and
control of an employer |
15 | | with regard to the material details of how the work is
to be |
16 | | performed or (ii) any appointed or elected commissioner, |
17 | | trustee, director, or board member of a board of a State |
18 | | agency, including any retirement system or investment board |
19 | | subject to the Illinois Pension Code or (iii) any other |
20 | | appointee.
|
21 | | "Employment benefits" include but are not limited to the |
22 | | following: modified compensation or benefit terms; compensated |
23 | | time off; or change of title, job duties, or location of office |
24 | | or employment. An employment benefit may also include |
25 | | favorable treatment in determining whether to bring any |
26 | | disciplinary or similar action or favorable treatment during |
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1 | | the course of any disciplinary or similar action or other |
2 | | performance review. |
3 | | "Executive branch constitutional officer" means the |
4 | | Governor, Lieutenant
Governor, Attorney General, Secretary of |
5 | | State, Comptroller, and Treasurer.
|
6 | | "Gift" means any gratuity, discount, entertainment, |
7 | | hospitality, loan,
forbearance, or other tangible or |
8 | | intangible item having monetary value
including, but not
|
9 | | limited to, cash, food and drink, and honoraria for speaking |
10 | | engagements
related to or attributable to government |
11 | | employment or the official position of
an
employee, member, or |
12 | | officer.
The value of a gift may be further defined by rules |
13 | | adopted by the appropriate ethics commission or by the Auditor |
14 | | General for the Auditor General and for employees of the |
15 | | office of the Auditor General.
|
16 | | "Governmental entity" means a unit of local government |
17 | | (including a community college district) or a school
district |
18 | | but not a State
agency , or a Regional Transit Board , or a |
19 | | Regional Development Authority .
|
20 | | "Leave of absence" means any period during which a State |
21 | | employee does not
receive (i) compensation for State |
22 | | employment, (ii) service credit towards
State pension |
23 | | benefits, and (iii) health insurance benefits paid for by the
|
24 | | State.
|
25 | | "Legislative branch constitutional officer" means a member |
26 | | of the General
Assembly and the Auditor General.
|
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1 | | "Legislative leader" means the President and Minority |
2 | | Leader of the Senate
and the Speaker and Minority Leader of the |
3 | | House of Representatives.
|
4 | | "Member" means a member of the General Assembly.
|
5 | | "Officer" means an executive branch constitutional officer
|
6 | | or a
legislative branch constitutional officer.
|
7 | | "Political" means any activity in support
of or in |
8 | | connection with any campaign for elective office or any |
9 | | political
organization, but does not include activities (i) |
10 | | relating to the support or
opposition of any executive, |
11 | | legislative, or administrative action (as those
terms are |
12 | | defined in Section 2 of the Lobbyist Registration Act), (ii) |
13 | | relating
to collective bargaining, or (iii) that are
otherwise
|
14 | | in furtherance of the person's official
State duties or |
15 | | governmental and public service functions.
|
16 | | "Political organization" means a party, committee, |
17 | | association, fund, or
other organization (whether or not |
18 | | incorporated) that is required to file a
statement of |
19 | | organization with the State Board of Elections or a county |
20 | | clerk
under Section 9-3 of the Election Code, but only with |
21 | | regard to those
activities that require filing with the State |
22 | | Board of Elections or a county
clerk.
|
23 | | "Prohibited political activity" means:
|
24 | | (1) Preparing for, organizing, or participating in any
|
25 | | political meeting, political rally, political |
26 | | demonstration, or other political
event.
|
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1 | | (2) Soliciting contributions, including but not |
2 | | limited to the purchase
of, selling, distributing, or |
3 | | receiving
payment for tickets for any political |
4 | | fundraiser,
political meeting, or other political event.
|
5 | | (3) Soliciting, planning the solicitation of, or |
6 | | preparing any document or
report regarding any thing of |
7 | | value intended as a campaign contribution.
|
8 | | (4) Planning, conducting, or participating in a public |
9 | | opinion
poll in connection with a campaign for elective |
10 | | office or on behalf of a
political organization for |
11 | | political purposes or for or against any referendum
|
12 | | question.
|
13 | | (5) Surveying or gathering information from potential |
14 | | or actual
voters in an election to determine probable vote |
15 | | outcome in connection with a
campaign for elective office |
16 | | or on behalf of a political organization for
political |
17 | | purposes or for or against any referendum question.
|
18 | | (6) Assisting at the polls on election day on behalf |
19 | | of any
political organization or candidate for elective |
20 | | office or for or against any
referendum
question.
|
21 | | (7) Soliciting votes on behalf of a candidate for |
22 | | elective office or a
political organization or for or |
23 | | against any referendum question or helping in
an effort to |
24 | | get voters
to the polls.
|
25 | | (8) Initiating for circulation, preparing, |
26 | | circulating, reviewing, or
filing any petition on
behalf |
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1 | | of a candidate for elective office or for or against any |
2 | | referendum
question.
|
3 | | (9) Making contributions on behalf
of any candidate |
4 | | for elective office in that capacity or in connection with |
5 | | a
campaign for elective office.
|
6 | | (10) Preparing or reviewing responses to candidate |
7 | | questionnaires in
connection with a campaign for elective |
8 | | office or on behalf of a political
organization for |
9 | | political purposes.
|
10 | | (11) Distributing, preparing for distribution, or |
11 | | mailing campaign
literature, campaign signs, or other |
12 | | campaign material on behalf of any
candidate for elective |
13 | | office or for or against any referendum question.
|
14 | | (12) Campaigning for any elective
office or for or |
15 | | against any referendum question.
|
16 | | (13) Managing or working on a campaign for elective
|
17 | | office or for or against any referendum question.
|
18 | | (14) Serving as a delegate, alternate, or proxy to a |
19 | | political
party convention.
|
20 | | (15) Participating in any recount or challenge to the |
21 | | outcome of
any election, except to the extent that under |
22 | | subsection (d) of
Section 6 of Article IV of the Illinois |
23 | | Constitution each house of the General
Assembly shall |
24 | | judge the elections, returns, and qualifications of its |
25 | | members.
|
26 | | "Prohibited source" means any person or entity who:
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1 | | (1) is seeking official action (i) by the
member or |
2 | | officer or (ii) in the case of an employee, by
the employee
|
3 | | or by the
member, officer, State agency, or other employee |
4 | | directing the
employee;
|
5 | | (2) does business or seeks to do business (i) with the
|
6 | | member or officer or (ii) in the case of an employee,
with |
7 | | the
employee or with the member, officer, State agency, or |
8 | | other
employee directing the
employee;
|
9 | | (3) conducts activities regulated (i) by the
member or |
10 | | officer or (ii) in the case of an employee, by
the employee |
11 | | or by the member, officer, State agency, or
other employee |
12 | | directing the employee;
|
13 | | (4) has interests that may be substantially affected |
14 | | by the performance or
non-performance of the official |
15 | | duties of the member, officer, or
employee;
|
16 | | (5) is registered or required to be registered with |
17 | | the Secretary of State
under the Lobbyist Registration |
18 | | Act, except that an entity not otherwise a
prohibited |
19 | | source does not become a prohibited source merely because |
20 | | a
registered lobbyist is one of its members or serves on |
21 | | its board of
directors; or |
22 | | (6) is an agent of, a spouse of, or an immediate family |
23 | | member who is living with a "prohibited source".
|
24 | | "Regional Development Authority" means the following |
25 | | regional development authorities: |
26 | | (1) the Central
Illinois Economic Development |
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1 | | Authority created by the Central
Illinois Economic |
2 | | Development Authority Act; |
3 | | (2) the Eastern
Illinois Economic Development |
4 | | Authority created by the Eastern
Illinois Economic |
5 | | Development Authority Act; |
6 | | (3) the Joliet
Arsenal Development Authority created |
7 | | by the Joliet Arsenal
Development Authority Act; |
8 | | (4) the Quad Cities Regional
Economic Development |
9 | | Authority created by Quad Cities Regional
Economic |
10 | | Development Authority Act, approved September 22,
1987; |
11 | | (5) the Riverdale Development Authority created by the
|
12 | | Riverdale Development Authority Act; |
13 | | (6) the Southeastern
Illinois Economic Development |
14 | | Authority created by the
Southeastern Illinois Economic |
15 | | Development Authority Act; |
16 | | (7) the Southern Illinois Economic Development |
17 | | Authority
created by the Southern Illinois Economic |
18 | | Development
Authority Act; |
19 | | (8) the Southwestern Illinois Development
Authority |
20 | | created by the Southwestern Illinois Development
Authority |
21 | | Act; |
22 | | (9) the Tri-County River Valley Development
Authority |
23 | | created by the Tri-County River Valley Development
|
24 | | Authority Law; |
25 | | (10) the Upper Illinois River Valley Development
|
26 | | Authority created by the Upper Illinois River Valley
|
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1 | | Development Authority Act; |
2 | | (11) the Illinois Urban Development
Authority created |
3 | | by the Illinois Urban Development Authority
Act; |
4 | | (12) the Western Illinois Economic Development |
5 | | Authority
created by the Western Illinois Economic |
6 | | Development Authority
Act; and |
7 | | (13) the Will-Kankakee Regional Development
Authority |
8 | | created by the Will-Kankakee Regional Development
|
9 | | Authority Law. |
10 | | "Regional Transit Boards" means (i) the Regional |
11 | | Transportation Authority created by the Regional |
12 | | Transportation Authority Act, (ii) the Suburban Bus Division |
13 | | created by the Regional Transportation Authority Act, (iii) |
14 | | the Commuter Rail Division created by the Regional |
15 | | Transportation Authority Act, and (iv) the Chicago Transit |
16 | | Authority created by the Metropolitan Transit Authority Act. |
17 | | "State agency" includes all officers, boards, commissions |
18 | | and agencies
created by the Constitution, whether in the |
19 | | executive or legislative
branch; all officers,
departments, |
20 | | boards, commissions, agencies, institutions, authorities,
|
21 | | public institutions of higher learning as defined in Section 2 |
22 | | of the Higher
Education
Cooperation Act (except community |
23 | | colleges), and bodies politic and corporate of the State; and
|
24 | | administrative
units or corporate outgrowths of the State |
25 | | government which are created by
or pursuant to statute, other |
26 | | than units of local government (including community college |
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1 | | districts) and their
officers, school districts, and boards of |
2 | | election commissioners; and all
administrative units and |
3 | | corporate outgrowths of the above and as may be
created by |
4 | | executive order of the Governor. "State agency" includes the |
5 | | General
Assembly, the Senate, the House of Representatives, |
6 | | the President and Minority
Leader of the Senate, the Speaker |
7 | | and Minority Leader of the House of
Representatives, the |
8 | | Senate Operations Commission, and the legislative support
|
9 | | services agencies. "State agency" includes the Office
of the |
10 | | Auditor General. "State agency" does not include the judicial |
11 | | branch.
|
12 | | "State employee" means any employee of a State agency.
|
13 | | "Ultimate jurisdictional
authority" means the following:
|
14 | | (1) For members, legislative partisan staff, and |
15 | | legislative secretaries,
the appropriate
legislative |
16 | | leader: President of the
Senate, Minority Leader of the |
17 | | Senate, Speaker of the House of Representatives,
or |
18 | | Minority Leader of the House of Representatives.
|
19 | | (2) For State employees who are professional staff or |
20 | | employees of the
Senate and not covered under item (1), |
21 | | the Senate Operations Commission.
|
22 | | (3) For State employees who are professional staff or |
23 | | employees of the
House of Representatives and not covered |
24 | | under item (1), the Speaker of the
House of |
25 | | Representatives.
|
26 | | (4) For State employees who are employees of the |
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1 | | legislative support
services agencies, the Joint Committee |
2 | | on Legislative Support Services.
|
3 | | (5) For State employees of the Auditor General, the |
4 | | Auditor General.
|
5 | | (6) For State employees of public institutions of |
6 | | higher learning as
defined in Section 2 of the Higher |
7 | | Education Cooperation Act (except community colleges), the |
8 | | board of
trustees of the appropriate public institution of |
9 | | higher learning.
|
10 | | (7) For State employees of an executive branch |
11 | | constitutional officer
other than those described in |
12 | | paragraph (6), the
appropriate executive branch |
13 | | constitutional officer.
|
14 | | (8) For State employees not under the jurisdiction of |
15 | | paragraph (1), (2),
(3), (4), (5), (6), or (7), the |
16 | | Governor.
|
17 | | (9) For employees of Regional Transit Boards, the |
18 | | appropriate Regional Transit Board.
|
19 | | (10) For board members of Regional Transit Boards, the |
20 | | Governor. |
21 | | (11) For employees of Regional Development |
22 | | Authorities, the appropriate Regional Development |
23 | | Authority. |
24 | | (12) For board members of Regional Development |
25 | | Authorities, the Governor. |
26 | | (Source: P.A. 96-6, eff. 4-3-09; 96-555, eff. 8-18-09; |
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1 | | 96-1528, eff. 7-1-11; 96-1533, eff. 3-4-11; 97-813, eff. |
2 | | 7-13-12.) |
3 | | (5 ILCS 430/20-5)
|
4 | | Sec. 20-5. Executive Ethics Commission.
|
5 | | (a) The Executive Ethics Commission is created.
|
6 | | (b) The Executive Ethics Commission shall consist of 9
|
7 | | commissioners.
The Governor shall appoint 5 commissioners, and |
8 | | the Attorney General, Secretary
of State, Comptroller, and |
9 | | Treasurer shall each appoint one commissioner.
Appointments |
10 | | shall be made by and with the advice and consent of the
Senate |
11 | | by three-fifths of the elected members concurring by record |
12 | | vote.
Any nomination not acted upon by the Senate within 60 |
13 | | session days of the
receipt thereof shall be deemed to have |
14 | | received the advice and consent of
the Senate. If, during a |
15 | | recess of the Senate, there is a vacancy in an office
of |
16 | | commissioner, the appointing authority shall make a temporary
|
17 | | appointment until the next meeting of the Senate when the |
18 | | appointing
authority shall make a nomination to fill that |
19 | | office. No person rejected for
an office of commissioner |
20 | | shall, except by the Senate's request, be
nominated again for |
21 | | that office at the same session of the Senate or be
appointed |
22 | | to that office during a recess of that Senate.
No more than 5
|
23 | | commissioners may be of the same
political party.
|
24 | | The terms of the initial commissioners shall commence upon |
25 | | qualification.
Four initial appointees of the Governor, as |
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1 | | designated by the Governor, shall
serve terms running through |
2 | | June 30, 2007. One initial appointee of the
Governor, as |
3 | | designated by the Governor, and the initial appointees of the
|
4 | | Attorney General, Secretary of State, Comptroller, and |
5 | | Treasurer shall serve
terms running through June 30, 2008.
The |
6 | | initial appointments shall be made within 60 days
after the |
7 | | effective date of this Act.
|
8 | | After the initial terms, commissioners shall serve for |
9 | | 4-year terms
commencing on July 1 of the year of appointment |
10 | | and running
through June 30 of the fourth following year. |
11 | | Commissioners may be
reappointed to one or more subsequent |
12 | | terms.
|
13 | | Vacancies occurring other than at the end of a term shall |
14 | | be filled
by the appointing authority only for the balance of |
15 | | the
term of the commissioner whose office is vacant.
|
16 | | Terms shall run regardless of whether the position is |
17 | | filled.
|
18 | | (c) The appointing authorities shall appoint commissioners |
19 | | who
have experience holding governmental office or employment |
20 | | and shall
appoint commissioners from the general public.
A |
21 | | person is not eligible to
serve as a commissioner if that |
22 | | person (i) has been convicted of a
felony or a crime of |
23 | | dishonesty or moral turpitude, (ii) is, or was
within the |
24 | | preceding 12 months, engaged in activities that
require |
25 | | registration under the Lobbyist Registration Act, (iii) is |
26 | | related
to the appointing authority, or (iv) is a State |
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1 | | officer or employee.
|
2 | | (d) The Executive Ethics Commission shall have
|
3 | | jurisdiction over all officers and employees of State agencies |
4 | | other
than the General Assembly, the Senate, the House of |
5 | | Representatives,
the President and Minority Leader of the |
6 | | Senate, the Speaker and
Minority Leader of the House of |
7 | | Representatives, the Senate
Operations Commission, the |
8 | | legislative support services agencies, and
the Office of the |
9 | | Auditor General.
The Executive Ethics Commission shall have |
10 | | jurisdiction over all board members and employees of Regional |
11 | | Transit Boards and all board members and employees of Regional |
12 | | Development Authorities . The jurisdiction of the
Commission is |
13 | | limited to matters arising under this Act, except as provided |
14 | | in subsection (d-5).
|
15 | | A member or legislative branch State employee serving on |
16 | | an executive branch board or commission remains subject to the |
17 | | jurisdiction of the Legislative Ethics Commission and is not |
18 | | subject to the jurisdiction of the Executive Ethics |
19 | | Commission. |
20 | | (d-5) The Executive Ethics Commission shall have |
21 | | jurisdiction over all chief procurement officers and |
22 | | procurement compliance monitors and their respective staffs. |
23 | | The Executive Ethics Commission shall have jurisdiction over |
24 | | any matters arising under the Illinois Procurement Code if the |
25 | | Commission is given explicit authority in that Code. |
26 | | (d-6) (1) The Executive Ethics Commission shall have |
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1 | | jurisdiction over the Illinois Power Agency and its staff. The |
2 | | Director of the Agency shall be appointed by a majority of the |
3 | | commissioners of the Executive Ethics Commission, subject to |
4 | | Senate confirmation, for a term of 2 years. The Director is |
5 | | removable for cause by a majority of the Commission upon a |
6 | | finding of neglect, malfeasance, absence, or incompetence. |
7 | | (2) In case of a vacancy in the office of Director of the |
8 | | Illinois Power Agency during a recess of the Senate, the |
9 | | Executive Ethics Commission may make a temporary appointment |
10 | | until the next meeting of the Senate, at which time the |
11 | | Executive Ethics Commission shall nominate some person to fill |
12 | | the office, and any person so nominated who is confirmed by the |
13 | | Senate shall hold office during the remainder of the term and |
14 | | until his or her successor is appointed and qualified. Nothing |
15 | | in this subsection shall prohibit the Executive Ethics |
16 | | Commission from removing a temporary appointee or from |
17 | | appointing a temporary appointee as the Director of the |
18 | | Illinois Power Agency. |
19 | | (3) Prior to June 1, 2012, the Executive Ethics Commission |
20 | | may, until the Director of the Illinois Power Agency is |
21 | | appointed and qualified or a temporary appointment is made |
22 | | pursuant to paragraph (2) of this subsection, designate some |
23 | | person as an acting Director to execute the powers and |
24 | | discharge the duties vested by law in that Director. An acting |
25 | | Director shall serve no later than 60 calendar days, or upon |
26 | | the making of an appointment pursuant to paragraph (1) or (2) |
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1 | | of this subsection, whichever is earlier. Nothing in this |
2 | | subsection shall prohibit the Executive Ethics Commission from |
3 | | removing an acting Director or from appointing an acting |
4 | | Director as the Director of the Illinois Power Agency. |
5 | | (4) No person rejected by the Senate for the office of |
6 | | Director of the Illinois Power Agency shall, except at the |
7 | | Senate's request, be nominated again for that office at the |
8 | | same session or be appointed to that office during a recess of |
9 | | that Senate. |
10 | | (d-7) The Executive Ethics Commission shall have |
11 | | jurisdiction over complainants and respondents in violation of |
12 | | subsection (d) of Section 20-90. |
13 | | (e) The Executive Ethics Commission must meet, either
in |
14 | | person or by other technological means, at least monthly and |
15 | | as
often as necessary. At the first meeting of the Executive
|
16 | | Ethics Commission, the commissioners shall choose from their
|
17 | | number a chairperson and other officers that they deem |
18 | | appropriate.
The terms of officers shall be for 2 years |
19 | | commencing July 1 and
running through June 30 of the second |
20 | | following year. Meetings shall be held at
the call
of the |
21 | | chairperson or any 3 commissioners. Official action by the
|
22 | | Commission shall require the affirmative vote of 5 |
23 | | commissioners, and
a quorum shall consist of 5 commissioners. |
24 | | Commissioners shall receive
compensation in an amount equal to |
25 | | the compensation of members of the State
Board of Elections |
26 | | and may be
reimbursed for their reasonable expenses actually |
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1 | | incurred in the
performance of their duties.
|
2 | | (f) No commissioner or employee of the Executive
Ethics |
3 | | Commission may during his or her term of appointment or |
4 | | employment:
|
5 | | (1) become a candidate for any elective office;
|
6 | | (2) hold any other elected or appointed public office |
7 | | except for
appointments on governmental advisory boards or |
8 | | study commissions or as
otherwise expressly authorized by |
9 | | law;
|
10 | | (3) be actively involved in the affairs of any |
11 | | political party or
political
organization; or
|
12 | | (4) advocate for the appointment of another person to |
13 | | an appointed or elected office or position or actively |
14 | | participate in any campaign for any elective office.
|
15 | | (g) An appointing authority may remove a commissioner only |
16 | | for cause.
|
17 | | (h) The Executive Ethics Commission shall appoint an |
18 | | Executive Director. The
compensation of the Executive Director |
19 | | shall be as determined by the Commission. The Executive
|
20 | | Director of the Executive Ethics Commission may employ and |
21 | | determine the
compensation of staff, as appropriations permit.
|
22 | | (i) The Executive Ethics Commission shall appoint, by a |
23 | | majority of the members appointed to the Commission, chief |
24 | | procurement officers and may appoint procurement compliance |
25 | | monitors in accordance with the provisions of the Illinois |
26 | | Procurement Code. The compensation of a chief procurement |
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1 | | officer and procurement compliance monitor shall be determined |
2 | | by the Commission. |
3 | | (Source: P.A. 100-43, eff. 8-9-17; 101-221, eff. 8-9-19; |
4 | | 101-617, eff. 12-20-19.) |
5 | | (5 ILCS 430/20-10)
|
6 | | Sec. 20-10. Offices of Executive Inspectors General.
|
7 | | (a) Five independent Offices of the Executive Inspector |
8 | | General are
created,
one each for the Governor, the Attorney |
9 | | General, the Secretary of State, the
Comptroller, and the |
10 | | Treasurer. Each Office shall be under the direction and
|
11 | | supervision
of an Executive Inspector General and shall be a |
12 | | fully independent office with
separate
appropriations.
|
13 | | (b) The Governor, Attorney General, Secretary of State, |
14 | | Comptroller, and
Treasurer shall each appoint an Executive |
15 | | Inspector General, without regard to
political affiliation and |
16 | | solely on the basis of integrity and
demonstrated ability.
|
17 | | Appointments shall be made by and with the advice and consent |
18 | | of the
Senate by three-fifths of the elected members |
19 | | concurring by record vote.
Any nomination not acted upon by |
20 | | the Senate within 60 session days of the
receipt thereof shall |
21 | | be deemed to have received the advice and consent of
the |
22 | | Senate. If, during a recess of the Senate, there is a vacancy |
23 | | in an office
of Executive Inspector General, the appointing |
24 | | authority shall make a
temporary appointment until the next |
25 | | meeting of the Senate when the
appointing authority shall make |
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1 | | a nomination to fill that office. No person
rejected for an |
2 | | office of Executive Inspector General shall, except by the
|
3 | | Senate's request, be nominated again for that office at the |
4 | | same session of
the Senate or be appointed to that office |
5 | | during a recess of that Senate.
|
6 | | Nothing in this Article precludes the appointment by the |
7 | | Governor, Attorney
General,
Secretary of State, Comptroller, |
8 | | or Treasurer of any other inspector general
required or
|
9 | | permitted by law. The Governor, Attorney General, Secretary of |
10 | | State,
Comptroller, and
Treasurer
each may appoint an existing |
11 | | inspector general as the Executive Inspector
General
required |
12 | | by this
Article, provided that such an inspector general is |
13 | | not prohibited by law,
rule,
jurisdiction, qualification, or |
14 | | interest from serving as the Executive
Inspector General
|
15 | | required by
this Article.
An appointing authority may not |
16 | | appoint a relative as an Executive Inspector
General.
|
17 | | Each Executive Inspector General shall have the following |
18 | | qualifications:
|
19 | | (1) has not been convicted of any felony under the |
20 | | laws of this State,
another State, or the United States;
|
21 | | (2) has earned a baccalaureate degree from an |
22 | | institution of higher
education; and
|
23 | | (3) has 5 or more years of cumulative service (A) with |
24 | | a federal,
State, or
local law enforcement agency, at |
25 | | least 2 years of which have been in a
progressive |
26 | | investigatory capacity; (B)
as a
federal, State, or local |
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1 | | prosecutor; (C)
as a
senior manager or executive of a |
2 | | federal, State, or local
agency; (D) as a member, an |
3 | | officer,
or a State
or federal judge; or (E) representing |
4 | | any combination of items (A) through (D).
|
5 | | The term of each initial Executive Inspector General shall
|
6 | | commence upon qualification and shall run through June 30, |
7 | | 2008. The
initial appointments shall be made within 60 days |
8 | | after the effective
date of this Act.
|
9 | | After the initial term, each Executive Inspector General |
10 | | shall serve
for 5-year terms commencing on July 1 of the year |
11 | | of appointment
and running through June 30 of the fifth |
12 | | following year. An
Executive Inspector General may be |
13 | | reappointed to one or more
subsequent terms.
|
14 | | A vacancy occurring other than at the end of a term shall |
15 | | be filled
by the appointing authority only for the balance of |
16 | | the term of the Executive
Inspector General whose office is |
17 | | vacant.
|
18 | | Terms shall run regardless of whether the position is |
19 | | filled.
|
20 | | (c) The Executive Inspector General appointed by the |
21 | | Attorney General shall
have jurisdiction over the Attorney |
22 | | General and all officers and employees of,
and vendors and |
23 | | others doing business with,
State agencies within the |
24 | | jurisdiction of the Attorney General. The Executive
Inspector |
25 | | General appointed by the Secretary of State shall have |
26 | | jurisdiction
over the Secretary of State and all officers and |
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1 | | employees of, and vendors and
others doing business with, |
2 | | State agencies within the
jurisdiction of the Secretary of |
3 | | State. The Executive Inspector General
appointed by the |
4 | | Comptroller shall have jurisdiction over the Comptroller and
|
5 | | all officers and employees of, and vendors and others doing |
6 | | business with,
State agencies within the jurisdiction of the |
7 | | Comptroller. The
Executive Inspector General appointed by the |
8 | | Treasurer shall have jurisdiction
over the Treasurer and all |
9 | | officers and employees of, and vendors and others
doing |
10 | | business with, State agencies within the jurisdiction
of the |
11 | | Treasurer. The Executive Inspector General appointed by the |
12 | | Governor
shall have jurisdiction over (i) the Governor, (ii) |
13 | | the Lieutenant Governor, (iii) all
officers and employees of, |
14 | | and vendors and others doing business with,
executive branch |
15 | | State agencies under the jurisdiction of the
Executive Ethics |
16 | | Commission and not within the jurisdiction of the
Attorney
|
17 | | General, the Secretary of State, the Comptroller, or the |
18 | | Treasurer, and (iv) all board members and employees of the |
19 | | Regional Transit Boards and all vendors and others doing |
20 | | business with the Regional Transit Boards , and (v) all board |
21 | | members and employees of the
Regional Development Authorities |
22 | | and all vendors and others
doing business with the Regional |
23 | | Development Authorities .
|
24 | | The jurisdiction of each Executive Inspector General is to |
25 | | investigate
allegations of fraud, waste, abuse, mismanagement, |
26 | | misconduct, nonfeasance,
misfeasance,
malfeasance, or |
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1 | | violations of this Act or violations of other related
laws and |
2 | | rules.
|
3 | | Each Executive Inspector General shall have jurisdiction |
4 | | over complainants in violation of subsection (e) of Section |
5 | | 20-63 for disclosing a summary report prepared by the |
6 | | respective Executive Inspector General. |
7 | | (d) The compensation for each Executive Inspector General |
8 | | shall be
determined by the Executive Ethics Commission and |
9 | | shall be provided from appropriations made to the Comptroller |
10 | | for this purpose. For terms of office beginning on or after |
11 | | July 1, 2023, each Executive Inspector General shall receive, |
12 | | on July 1 of each year, beginning on July 1, 2024, an increase |
13 | | in salary based on a cost of living adjustment as authorized by |
14 | | Senate Joint Resolution 192 of the 86th General Assembly. |
15 | | Subject to Section 20-45 of this Act, each
Executive Inspector |
16 | | General has full
authority
to organize his or her Office of the |
17 | | Executive Inspector General, including the
employment and |
18 | | determination of the compensation of staff, such as deputies,
|
19 | | assistants, and other employees, as appropriations permit. A |
20 | | separate
appropriation
shall be made for each Office of |
21 | | Executive Inspector General.
|
22 | | (e) No Executive Inspector General or employee of the |
23 | | Office of
the Executive Inspector General may, during his or |
24 | | her term of appointment or
employment:
|
25 | | (1) become a candidate for any elective office;
|
26 | | (2) hold any other elected or appointed public office
|
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1 | | except for appointments on governmental advisory boards
or |
2 | | study commissions or as otherwise expressly authorized by |
3 | | law;
|
4 | | (3) be actively involved in the affairs of any |
5 | | political party or
political organization; or
|
6 | | (4) advocate for the appointment of another person to |
7 | | an appointed or elected office or position or actively |
8 | | participate in any campaign for any
elective office.
|
9 | | In this subsection an appointed public office means a |
10 | | position authorized by
law that is filled by an appointing |
11 | | authority as provided by law and does not
include employment |
12 | | by hiring in the ordinary course of business.
|
13 | | (e-1) No Executive Inspector General or employee of the |
14 | | Office of the
Executive Inspector General may, for one year |
15 | | after the termination of his or
her appointment or employment:
|
16 | | (1) become a candidate for any elective office;
|
17 | | (2) hold any elected public office; or
|
18 | | (3) hold any appointed State, county, or local |
19 | | judicial office.
|
20 | | (e-2) The requirements of item (3) of subsection (e-1) may |
21 | | be waived by the
Executive Ethics Commission.
|
22 | | (f) An Executive Inspector General may be removed only for |
23 | | cause and may
be removed only by the appointing constitutional |
24 | | officer. At the time of the
removal,
the appointing |
25 | | constitutional officer must report to the Executive Ethics
|
26 | | Commission the
justification for the
removal.
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1 | | (Source: P.A. 101-221, eff. 8-9-19; 102-558, eff. 8-20-21; |
2 | | 102-1115, eff. 1-9-23.) |
3 | | (5 ILCS 430/20-23)
|
4 | | Sec. 20-23. Ethics Officers.
Each officer and the head of |
5 | | each State agency
under the jurisdiction of the
Executive |
6 | | Ethics Commission shall designate an Ethics
Officer for the |
7 | | office or State agency. The board of each Regional Transit |
8 | | Board shall designate an Ethics Officer for the Regional |
9 | | Transit Board, and the board of each Regional Development |
10 | | Authority shall designate an Ethics Officer for the Regional |
11 | | Development Authority .
Ethics Officers shall:
|
12 | | (1) act as liaisons between the State agency , or |
13 | | Regional Transit Board , or Regional Development Authority |
14 | | and the appropriate Executive
Inspector General and |
15 | | between the State agency , or Regional Transit Board , or |
16 | | Regional Development Authority and the Executive Ethics
|
17 | | Commission;
|
18 | | (2) review statements of economic interest and |
19 | | disclosure forms of
officers, senior employees, and |
20 | | contract monitors before they are filed with
the Secretary |
21 | | of State; and
|
22 | | (3) provide guidance to officers and employees in the |
23 | | interpretation and
implementation of this Act, which the |
24 | | officer or employee may in good faith
rely upon. Such |
25 | | guidance shall be based, wherever possible,
upon legal |
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1 | | precedent in court decisions, opinions of the Attorney |
2 | | General, and
the findings and opinions of the Executive |
3 | | Ethics Commission.
|
4 | | (Source: P.A. 96-1528, eff. 7-1-11 .) |
5 | | (5 ILCS 430/Art. 75 heading) |
6 | | ARTICLE 75. REGIONAL TRANSIT BOARDS
|
7 | | AND REGIONAL DEVELOPMENT AUTHORITIES |
8 | | (Source: P.A. 96-1528, eff. 7-1-11.) |
9 | | (5 ILCS 430/75-5) |
10 | | Sec. 75-5. Application of the State Officials and |
11 | | Employees Ethics Act to the Regional Transit Boards and |
12 | | Regional Development Authorities . |
13 | | (a) The Beginning July 1, 2011, the provisions of Articles |
14 | | 1, 5, 10, 20, and 50 of this Act, as well as this Article, |
15 | | shall apply to the Regional Transit Boards and Regional |
16 | | Development Authorities . As used in Articles 1, 5, 10, 20, 50, |
17 | | and 75, (i) "appointee" and "officer" include a person |
18 | | appointed to serve on the board of a Regional Transit Board or |
19 | | a board of a Regional Development Authority , and (ii) |
20 | | "employee" and "State employee" include : (A) a full-time, |
21 | | part-time, or contractual employee of a Regional Transit Board |
22 | | or a Regional Development Authority; and (B) Authority leaders |
23 | | of a Regional Development Authority. As used in this |
24 | | subsection, "Authority leader" has the meaning given to that |
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1 | | term in the various Acts and Laws creating the Regional |
2 | | Development Authorities . |
3 | | (b) The Executive Ethics Commission shall have |
4 | | jurisdiction over all board members and employees of the |
5 | | Regional Transit Boards and Regional Development Authorities . |
6 | | The Executive Inspector General appointed by the Governor |
7 | | shall have jurisdiction over all board members, employees, |
8 | | vendors, and others doing business with the Regional Transit |
9 | | Boards and Regional Development Authorities to investigate |
10 | | allegations of fraud, waste, abuse, mismanagement, misconduct, |
11 | | nonfeasance, misfeasance, malfeasance, or violations of this |
12 | | Act.
|
13 | | (Source: P.A. 96-1528, eff. 7-1-11 .) |
14 | | Section 15. The Central Illinois
Economic Development |
15 | | Authority
Act is amended by changing Sections 10, 15, and 70 |
16 | | and by adding Sections 21 and 22 as follows: |
17 | | (70 ILCS 504/10) |
18 | | Sec. 10. Definitions. In this Act:
|
19 | | "Authority" means the Central Illinois Economic |
20 | | Development Authority.
|
21 | | "Authority leader" means the Executive Director, Assistant |
22 | | Executive Director, or any other person serving in a |
23 | | management, administrative, or leadership role at the |
24 | | Authority. |
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1 | | "Governmental agency" means any federal, State, or local |
2 | | governmental body
and any agency or
instrumentality thereof, |
3 | | corporate or otherwise.
|
4 | | "Person" means any natural person, firm, partnership, |
5 | | corporation, both
domestic and foreign,
company, association |
6 | | or joint stock association and includes any trustee,
receiver, |
7 | | assignee or personal
representative thereof.
|
8 | | "Restricted person" means a person who has a familial or |
9 | | business relationship with an Authority leader. |
10 | | "Revenue bond" means any bond issued by the Authority, the |
11 | | principal and
interest of which is payable
solely from |
12 | | revenues or income derived from any project or activity of the
|
13 | | Authority.
|
14 | | "Board" means the Board of Directors of the Central |
15 | | Illinois Economic
Development Authority.
|
16 | | "Governor" means the Governor of the State of Illinois.
|
17 | | "City" means any city, village, incorporated town, or |
18 | | township within the
geographical territory of the
Authority.
|
19 | | "Industrial project" means the following:
|
20 | | (1) a capital project, including one or more buildings |
21 | | and other
structures, improvements,
machinery and |
22 | | equipment whether or not on the same site or sites now |
23 | | existing
or hereafter acquired,
suitable for use by any |
24 | | manufacturing, industrial, research, transportation or
|
25 | | commercial enterprise
including but not limited to use as |
26 | | a factory, mill, processing plant, assembly
plant, |
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1 | | packaging plant,
fabricating plant, ethanol plant, office |
2 | | building, industrial distribution
center, warehouse,
|
3 | | repair, overhaul or service
facility, freight terminal, |
4 | | research facility, test facility, railroad
facility, port |
5 | | facility, solid waste and wastewater
treatment and |
6 | | disposal sites and other pollution control facilities, |
7 | | resource
or waste reduction, recovery,
treatment and |
8 | | disposal facilities, and including also the sites thereof |
9 | | and
other rights in land therefore
whether improved or |
10 | | unimproved, site preparation and landscaping and all
|
11 | | appurtenances and facilities
incidental thereto such as |
12 | | utilities, access roads, railroad sidings, truck
docking |
13 | | and similar facilities,
parking facilities, dockage, |
14 | | wharfage, railroad roadbed, track, trestle, depot,
|
15 | | terminal, switching and
signaling equipment or related |
16 | | equipment and other improvements necessary or
convenient |
17 | | thereto; or
|
18 | | (2) any land, buildings, machinery or equipment |
19 | | comprising an addition to or
renovation,
rehabilitation or |
20 | | improvement of any existing capital project.
|
21 | | "Housing project" or "residential project" includes a |
22 | | specific work or improvement undertaken to provide dwelling |
23 | | accommodations, including the acquisition, construction or |
24 | | rehabilitation of lands, buildings and community facilities |
25 | | and in connection therewith to provide nonhousing facilities |
26 | | which are an integral part of a planned large-scale project or |
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1 | | new community. |
2 | | "Commercial project" means any project, including, but not |
3 | | limited to, one or
more buildings and other
structures, |
4 | | improvements, machinery, and equipment, whether or not on the |
5 | | same
site or sites now existing
or hereafter acquired, |
6 | | suitable for use by any retail or wholesale concern,
|
7 | | distributorship, or agency.
|
8 | | "Project" means an industrial, housing, residential, |
9 | | commercial, or service
project, or any combination
thereof, |
10 | | provided that all uses fall within one of the categories |
11 | | described
above. Any project automatically
includes all site |
12 | | improvements and new construction involving sidewalks,
sewers, |
13 | | solid waste and
wastewater treatment and disposal sites and |
14 | | other pollution control facilities,
resource or waste |
15 | | reduction,
recovery, treatment and disposal facilities, parks, |
16 | | open spaces, wildlife
sanctuaries, streets, highways, and
|
17 | | runways.
|
18 | | "Lease agreement" means an agreement in which a project |
19 | | acquired by the
Authority by purchase, gift,
or lease is |
20 | | leased to any person or corporation that will use, or cause the
|
21 | | project to be used, as a project,
upon terms providing for |
22 | | lease rental payments at least sufficient to pay, when due, |
23 | | all principal of and
interest and premium, if any, on any |
24 | | bonds, notes, or other evidences of indebtedness of the |
25 | | Authority,
issued with respect to the project, providing for |
26 | | the maintenance, insurance, and operation of the project on
|
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1 | | terms satisfactory to the Authority and providing for |
2 | | disposition of the project upon termination of the lease
term, |
3 | | including purchase options or abandonment of the premises, |
4 | | with other terms as may be deemed
desirable by the Authority.
|
5 | | "Loan agreement" means any agreement in which the |
6 | | Authority agrees to loan
the proceeds of its bonds,
notes, or |
7 | | other evidences of indebtedness, issued with respect to a |
8 | | project, to
any person or corporation
which will use or cause |
9 | | the project to be used as a project, upon terms
providing for |
10 | | loan repayment
installments at least sufficient to pay, when |
11 | | due, all principal of and
interest and premium, if any, on any
|
12 | | bonds, notes, or other evidences of indebtedness of the |
13 | | Authority issued with
respect to the project,
providing for |
14 | | maintenance, insurance, and operation of the project on terms
|
15 | | satisfactory to the Authority
and providing for other terms |
16 | | deemed advisable by the Authority.
|
17 | | "Financial aid" means the expenditure of Authority funds |
18 | | or funds provided by
the Authority for the
development, |
19 | | construction, acquisition or improvement of a project, through |
20 | | the
issuance of revenue bonds,
notes, or other evidences of |
21 | | indebtedness.
|
22 | | "Costs incurred in connection with
the development, |
23 | | construction, acquisition or improvement of a
project" means |
24 | | the following:
|
25 | | (1) the cost of purchase and construction of all lands |
26 | | and improvements in
connection therewith and
equipment and |
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1 | | other property, rights, easements, and franchises acquired |
2 | | which
are deemed necessary for
the construction;
|
3 | | (2) financing charges;
|
4 | | (3) interest costs with respect to bonds, notes, and |
5 | | other evidences of
indebtedness of the Authority
prior to |
6 | | and during construction and for a period of 6 months |
7 | | thereafter;
|
8 | | (4) engineering and legal expenses; and
|
9 | | (5) the costs of plans, specifications, surveys, and |
10 | | estimates of costs and
other expenses necessary or
|
11 | | incident to determining the feasibility or practicability |
12 | | of any project,
together with such other expenses as
may |
13 | | be necessary or incident to the financing, insuring, |
14 | | acquisition, and
construction of a specific project
and |
15 | | the placing of the same in operation.
|
16 | | (Source: P.A. 98-750, eff. 1-1-15 .) |
17 | | (70 ILCS 504/15)
|
18 | | Sec. 15. Creation.
|
19 | | (a) There is created a political subdivision, body |
20 | | politic, and municipal
corporation named the Central
Illinois |
21 | | Economic Development Authority. The territorial jurisdiction |
22 | | of the
Authority is that geographic
area within the boundaries |
23 | | of the following counties: Macon, Sangamon, Menard, Logan, |
24 | | Christian, DeWitt, Macoupin, Montgomery, Calhoun, Greene, and |
25 | | Jersey and any
navigable waters and
air space located therein.
|
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1 | | (b) The governing and administrative powers of the |
2 | | Authority shall be vested
in a body consisting of 15
members as |
3 | | follows:
|
4 | | (1) Ex officio members. The Director of Commerce and
|
5 | | Economic Opportunity, or
a designee of that Department, |
6 | | shall serve as an ex officio member.
|
7 | | (2) Public members. Three members shall be appointed |
8 | | by the Governor with the advice and
consent of the Senate. |
9 | | The county board chairperson of the following counties
|
10 | | shall each appoint one
member: Macon, Sangamon, Menard, |
11 | | Logan, Christian, DeWitt, Macoupin, Montgomery, Calhoun, |
12 | | Greene, and Jersey. All public members shall reside within
|
13 | | the territorial
jurisdiction of the Authority.
The public |
14 | | members shall be persons of recognized ability and |
15 | | experience in one
or more of the following
areas: economic |
16 | | development, finance, banking, industrial development, |
17 | | state or
local government, commercial agriculture, small
|
18 | | business management, real
estate development, community |
19 | | development, venture finance, organized labor, or
civic or |
20 | | community
organization.
|
21 | | (c) 8 members shall constitute a quorum , and the Board may |
22 | | not meet or take any action without a quorum present .
|
23 | | (d) The chairperson of the Authority shall be elected |
24 | | annually by the Board and must be a public member that resides |
25 | | within the territorial jurisdiction of the Authority.
|
26 | | (e) The terms of all initial members of the Authority |
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1 | | shall begin 30 days
after the effective date of this
Act.
Of |
2 | | the 3 original public members appointed by the Governor, 1
|
3 | | shall serve until the third Monday in January, 2007; 1 shall |
4 | | serve until the
third Monday in January, 2008; 1 shall serve |
5 | | until the third Monday in January,
2009. The initial terms of |
6 | | the original public members appointed by the county board |
7 | | chairpersons shall be determined by lot, according to the |
8 | | following schedule: (i) 3 shall serve until the third Monday |
9 | | in January, 2007, (ii) 3 shall serve until the third Monday in |
10 | | January, 2008, (iii) 3 shall serve until the third Monday in |
11 | | January, 2009, and (iv) 2 shall serve until the third Monday in |
12 | | January, 2010. All successors to these original
public
members |
13 | | shall be appointed by the original appointing authority and |
14 | | all appointments made by the Governor shall be made with the |
15 | | advice and consent of the Senate, pursuant to subsection (b), |
16 | | and shall hold office for a term of 6 years
commencing the |
17 | | third Monday in January of the year in which their term
|
18 | | commences, except in the case of an appointment to fill a |
19 | | vacancy.
Vacancies occurring among the public members shall be |
20 | | filled for the
remainder of the term. In case of
vacancy in a |
21 | | Governor-appointed membership when the Senate is not in |
22 | | session,
the Governor may make a
temporary appointment until |
23 | | the next meeting of the Senate when a person shall
be nominated |
24 | | to fill the
office and, upon confirmation by the Senate, he or |
25 | | she shall hold office during
the remainder of the term
and |
26 | | until a successor is appointed and qualified. Members of the |
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1 | | Authority are
not entitled to
compensation for their services |
2 | | as members but are entitled to reimbursement
for all necessary |
3 | | expenses
incurred in connection with the performance of their |
4 | | duties as members.
|
5 | | (f) The Governor may remove any public member of the |
6 | | Authority appointed by the Governor or a predecessor Governor |
7 | | in case of
incompetence, neglect of
duty, or malfeasance in |
8 | | office. The chairperson of a county board may remove any |
9 | | public member appointed by that chairperson or a predecessor |
10 | | county board chairperson in case of incompetence, neglect of |
11 | | duty, or malfeasance in office.
|
12 | | (g) The Board shall appoint an Executive Director who |
13 | | shall have a
background in finance, including
familiarity with |
14 | | the legal and procedural requirements of issuing bonds, real
|
15 | | estate, or economic
development and administration. The |
16 | | Executive Director shall hold office at the
discretion of the |
17 | | Board.
The Executive Director shall be the chief |
18 | | administrative and operational
officer of the Authority, shall
|
19 | | direct and supervise its administrative affairs and general |
20 | | management, perform
such other duties as may
be prescribed |
21 | | from time to time by the members, and receive compensation |
22 | | fixed
by the Authority. The Department of Commerce and |
23 | | Economic Opportunity shall pay
the compensation of the |
24 | | Executive Director from appropriations received for
that |
25 | | purpose. The
Executive Director shall attend all meetings of |
26 | | the Authority. However, no
action of the Authority shall be
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1 | | invalid on account of the absence of the Executive Director |
2 | | from a meeting. The
Authority may engage
the services of
the |
3 | | Illinois Finance Authority, attorneys, appraisers, engineers, |
4 | | accountants,
credit analysts, and other consultants if the |
5 | | Central Illinois Economic
Development Authority deems it |
6 | | advisable.
|
7 | | (Source: P.A. 94-995, eff. 7-3-06.) |
8 | | (70 ILCS 504/21 new) |
9 | | Sec. 21. Requests for assistance; disclosure of economic |
10 | | interests. |
11 | | (a) The Authority may not hear a request for assistance |
12 | | from a restricted person. This prohibition extends to business |
13 | | relationships between a person who is an Authority leader |
14 | | within one year prior to the request for assistance and to any |
15 | | entity in which a restricted person holds or, within the past 2 |
16 | | years, held an ownership interest of 10% or more. |
17 | | (b) An Authority leader shall disclose and recuse himself |
18 | | or herself from matters relating to requests for assistance |
19 | | from an entity that is relocating full-time employees from |
20 | | another Authority's counties if (i) both Authorities contract |
21 | | with or employ the same Authority leader or (ii) there is or, |
22 | | within the past 2 years of the request, there was a business |
23 | | relationship between the Authority leaders at the 2 |
24 | | Authorities. |
25 | | (c) The Board of the Authority shall vote to renew the |
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1 | | appointment of the Executive Director and other Authority |
2 | | leaders on an annual basis. All contracts shall be approved on |
3 | | an annual basis and use a public process to solicit |
4 | | applications. This requirement does not apply to full-time |
5 | | employees of the Authority unless otherwise required by |
6 | | applicable State law or local ordinance. |
7 | | (g) Each Authority leader shall submit a statement of |
8 | | economic interest in accordance with Article 4A of the |
9 | | Illinois Governmental Ethics Act. Additionally, each Authority |
10 | | leader shall disclose to the Board outside sources of income |
11 | | and any business relationships in economic development |
12 | | consulting or lobbying. Reporting shall include the source of |
13 | | income, services provided, and timeline of when services were |
14 | | provided. If the source of income is a firm or organization |
15 | | with multiple clients, the report shall list all of the |
16 | | entities for which the individual provided services. |
17 | | (70 ILCS 504/22 new) |
18 | | Sec. 22. Open meetings; record disclosure. |
19 | | (a) The Authority is subject to the Open Meetings Act and |
20 | | the Freedom of Information Act. Documents subject to the |
21 | | Freedom of Information Act include, but are not limited to, |
22 | | expenses,
payroll, origination bonuses, and other financial |
23 | | details of the Authority. |
24 | | (b) A contract or agreement entered into by the Authority |
25 | | must be posted on the Authority's website. The Authority shall |
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1 | | provide a detailed report of the Authority's financial |
2 | | information on the Authority's website, including, but not |
3 | | limited to, a statement of profits and losses, balance sheet, |
4 | | and income statement of the Authority. |
5 | | (70 ILCS 504/70)
|
6 | | Sec. 70. Reports ; commitment notice . The Authority shall |
7 | | annually submit a report of its
finances to the Auditor |
8 | | General.
The Authority shall annually submit a report of its |
9 | | activities to the Governor
and to the General Assembly.
|
10 | | The Authority shall provide notice to the General |
11 | | Assembly, the Department of Commerce and Economic Opportunity, |
12 | | and the Governor once the Authority enters into a commitment |
13 | | to support the financing of a project. The notice to the |
14 | | General Assembly shall be filed with the Clerk of the House of |
15 | | Representatives and the Secretary of the Senate, in electronic |
16 | | form only, in the manner that the Clerk and the Secretary shall |
17 | | direct. |
18 | | (Source: P.A. 94-995, eff. 7-3-06.) |
19 | | Section 20. The Eastern Illinois
Economic Development |
20 | | Authority
Act is amended by changing Sections 10, 15, and 70 |
21 | | and by adding Sections 21 and 22 as follows: |
22 | | (70 ILCS 506/10) |
23 | | Sec. 10. Definitions. In this Act:
|
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1 | | "Authority" means the Eastern Illinois Economic |
2 | | Development Authority.
|
3 | | "Authority leader" means the Executive Director, Assistant |
4 | | Executive Director, or any other person serving in a |
5 | | management, administrative, or leadership role at the |
6 | | Authority. |
7 | | "Governmental agency" means any federal, State, or local |
8 | | governmental body
and any agency or
instrumentality thereof, |
9 | | corporate or otherwise.
|
10 | | "Person" means any natural person, firm, partnership, |
11 | | corporation, both
domestic and foreign,
company, association |
12 | | or joint stock association and includes any trustee,
receiver, |
13 | | assignee or personal
representative thereof.
|
14 | | "Restricted person" means a person who has a familial or |
15 | | business relationship with an Authority leader. |
16 | | "Revenue bond" means any bond issued by the Authority, the |
17 | | principal and
interest of which is payable
solely from |
18 | | revenues or income derived from any project or activity of the
|
19 | | Authority.
|
20 | | "Board" means the Board of Directors of the Eastern |
21 | | Illinois Economic
Development Authority.
|
22 | | "Governor" means the Governor of the State of Illinois.
|
23 | | "City" means any city, village, incorporated town, or |
24 | | township within the
geographical territory of the
Authority.
|
25 | | "Industrial project" means the following:
|
26 | | (1) a capital project, including one or more buildings |
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1 | | and other
structures, improvements,
machinery and |
2 | | equipment whether or not on the same site or sites now |
3 | | existing
or hereafter acquired,
suitable for use by any |
4 | | manufacturing, industrial, research, transportation or
|
5 | | commercial enterprise
including but not limited to use as |
6 | | a factory, mill, processing plant, assembly
plant, |
7 | | packaging plant,
fabricating plant, ethanol plant, office |
8 | | building, industrial distribution
center, warehouse,
|
9 | | repair, overhaul or service
facility, freight terminal, |
10 | | research facility, test facility, railroad
facility, port |
11 | | facility, solid waste and wastewater
treatment and |
12 | | disposal sites and other pollution control facilities, |
13 | | resource
or waste reduction, recovery,
treatment and |
14 | | disposal facilities, and including also the sites thereof |
15 | | and
other rights in land therefore
whether improved or |
16 | | unimproved, site preparation and landscaping and all
|
17 | | appurtenances and facilities
incidental thereto such as |
18 | | utilities, access roads, railroad sidings, truck
docking |
19 | | and similar facilities,
parking facilities, dockage, |
20 | | wharfage, railroad roadbed, track, trestle, depot,
|
21 | | terminal, switching and
signaling equipment or related |
22 | | equipment and other improvements necessary or
convenient |
23 | | thereto; or
|
24 | | (2) any land, buildings, machinery or equipment |
25 | | comprising an addition to or
renovation,
rehabilitation or |
26 | | improvement of any existing capital project.
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1 | | "Housing project" or "residential project" includes a |
2 | | specific work or improvement undertaken to provide dwelling |
3 | | accommodations, including the acquisition, construction, or |
4 | | rehabilitation of lands, buildings, and community facilities, |
5 | | and to provide non-housing facilities which are an integral |
6 | | part of a planned large-scale project or new community. |
7 | | "Commercial project" means any project, including, but not |
8 | | limited to, one or
more buildings and other
structures, |
9 | | improvements, machinery, and equipment, whether or not on the |
10 | | same
site or sites now existing
or hereafter acquired, |
11 | | suitable for use by any retail or wholesale concern,
|
12 | | distributorship, or agency.
|
13 | | "Project" means an industrial, housing, residential, |
14 | | commercial, or service
project, or any combination
thereof, |
15 | | provided that all uses fall within one of the categories |
16 | | described
above. Any project automatically
includes all site |
17 | | improvements and new construction involving sidewalks,
sewers, |
18 | | solid waste and
wastewater treatment and disposal sites and |
19 | | other pollution control facilities,
resource or waste |
20 | | reduction,
recovery, treatment and disposal facilities, parks, |
21 | | open spaces, wildlife
sanctuaries, streets, highways, and
|
22 | | runways.
|
23 | | "Lease agreement" means an agreement in which a project |
24 | | acquired by the
Authority by purchase, gift,
or lease is |
25 | | leased to any person or corporation that will use, or cause the
|
26 | | project to be used, as a project,
upon terms providing for |
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1 | | lease rental payments at least sufficient to pay, when due, |
2 | | all principal of and
interest and premium, if any, on any |
3 | | bonds, notes, or other evidences of indebtedness of the |
4 | | Authority,
issued with respect to the project, providing for |
5 | | the maintenance, insurance, and operation of the project on
|
6 | | terms satisfactory to the Authority and providing for |
7 | | disposition of the project upon termination of the lease
term, |
8 | | including purchase options or abandonment of the premises, |
9 | | with other terms as may be deemed
desirable by the Authority.
|
10 | | "Loan agreement" means any agreement in which the |
11 | | Authority agrees to loan
the proceeds of its bonds,
notes, or |
12 | | other evidences of indebtedness, issued with respect to a |
13 | | project, to
any person or corporation
which will use or cause |
14 | | the project to be used as a project, upon terms
providing for |
15 | | loan repayment
installments at least sufficient to pay, when |
16 | | due, all principal of and
interest and premium, if any, on any
|
17 | | bonds, notes, or other evidences of indebtedness of the |
18 | | Authority issued with
respect to the project,
providing for |
19 | | maintenance, insurance, and operation of the project on terms
|
20 | | satisfactory to the Authority
and providing for other terms |
21 | | deemed advisable by the Authority.
|
22 | | "Financial aid" means the expenditure of Authority funds |
23 | | or funds provided by
the Authority for the
development, |
24 | | construction, acquisition or improvement of a project, through |
25 | | the
issuance of revenue bonds,
notes, or other evidences of |
26 | | indebtedness.
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1 | | "Costs incurred in connection with
the development, |
2 | | construction, acquisition or improvement of a
project" means |
3 | | the following:
|
4 | | (1) the cost of purchase and construction of all lands |
5 | | and improvements in
connection therewith and
equipment and |
6 | | other property, rights, easements, and franchises acquired |
7 | | which
are deemed necessary for
the construction;
|
8 | | (2) financing charges;
|
9 | | (3) interest costs with respect to bonds, notes, and |
10 | | other evidences of
indebtedness of the Authority
prior to |
11 | | and during construction and for a period of 6 months |
12 | | thereafter;
|
13 | | (4) engineering and legal expenses; and
|
14 | | (5) the costs of plans, specifications, surveys, and |
15 | | estimates of costs and
other expenses necessary or
|
16 | | incident to determining the feasibility or practicability |
17 | | of any project,
together with such other expenses as
may |
18 | | be necessary or incident to the financing, insuring, |
19 | | acquisition, and
construction of a specific project
and |
20 | | the placing of the same in operation.
|
21 | | (Source: P.A. 98-750, eff. 1-1-15 .) |
22 | | (70 ILCS 506/15)
|
23 | | Sec. 15. Creation. |
24 | | (a) There is created a political subdivision, body |
25 | | politic, and municipal
corporation named the Eastern
Illinois |
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1 | | Economic Development Authority. The territorial jurisdiction |
2 | | of the
Authority is that geographic
area within the boundaries |
3 | | of the following counties: Ford, Iroquois, Piatt, Champaign, |
4 | | Vermilion, Douglas, Moultrie, Shelby, Coles, and Edgar and any
|
5 | | navigable waters and
air space located therein.
|
6 | | (b) The governing and administrative powers of the |
7 | | Authority shall be vested
in a body consisting of 14
members as |
8 | | follows:
|
9 | | (1) Ex officio members. The Director of Commerce and
|
10 | | Economic Opportunity, or
a designee of that Department, |
11 | | shall serve as an ex officio member.
|
12 | | (2) Public members. Three members shall be appointed |
13 | | by the Governor with the advice and
consent of the Senate. |
14 | | The county board chairperson of the following counties
|
15 | | shall each appoint one
member: Ford, Iroquois, Piatt, |
16 | | Champaign, Vermilion, Douglas, Moultrie, Shelby, Coles, |
17 | | and Edgar. All public members shall reside within
the |
18 | | territorial
jurisdiction of the Authority.
The public |
19 | | members shall be persons of recognized ability and |
20 | | experience in one
or more of the following
areas: economic |
21 | | development, finance, banking, industrial development, |
22 | | state or
local government, commercial agriculture, small
|
23 | | business management, real
estate development, community |
24 | | development, venture finance, organized labor, or
civic or |
25 | | community
organization.
|
26 | | (c) A majority of the members appointed under item (2) of |
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1 | | subsection (b) of this Section shall constitute a quorum , and |
2 | | the Board may not meet or take any action without a quorum |
3 | | present .
|
4 | | (d) The chairperson of the Authority shall be elected |
5 | | annually by the Board and must be a public member that resides |
6 | | within the territorial jurisdiction of the Authority.
|
7 | | (e) The terms of all initial members of the Authority |
8 | | shall begin 30 days
after the effective date of this
Act.
Of |
9 | | the 3 original public members appointed by the Governor, 1
|
10 | | shall serve until the third Monday in January, 2006; 1 shall |
11 | | serve until the
third Monday in January, 2007; 1 shall serve |
12 | | until the third Monday in January,
2008. The initial terms of |
13 | | the original public members appointed by the county board |
14 | | chairpersons shall be determined by lot, according to the |
15 | | following schedule: (i) 2 shall serve until the third Monday |
16 | | in January, 2006, (ii) 2 shall serve until the third Monday in |
17 | | January, 2007, (iii) 2 shall serve until the third Monday in |
18 | | January, 2008, (iv) 2 shall serve until the third Monday in |
19 | | January, 2009, and (v) 2 shall serve until the third Monday in |
20 | | January, 2010. All successors to these original
public
members |
21 | | shall be appointed by the original appointing authority and |
22 | | all appointments made by the Governor shall be made with the |
23 | | advice and consent of the Senate, pursuant to subsection (b), |
24 | | and shall hold office for a term of 6 years
commencing the |
25 | | third Monday in January of the year in which their term
|
26 | | commences, except in the case of an appointment to fill a |
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1 | | vacancy.
Vacancies occurring among the public members shall be |
2 | | filled for the
remainder of the term. In case of
vacancy in a |
3 | | Governor-appointed membership when the Senate is not in |
4 | | session,
the Governor may make a
temporary appointment until |
5 | | the next meeting of the Senate when a person shall
be nominated |
6 | | to fill the
office and, upon confirmation by the Senate, he or |
7 | | she shall hold office during
the remainder of the term
and |
8 | | until a successor is appointed and qualified. Members of the |
9 | | Authority are
not entitled to
compensation for their services |
10 | | as members but are entitled to reimbursement
for all necessary |
11 | | expenses
incurred in connection with the performance of their |
12 | | duties as members.
|
13 | | (f) The Governor or a county board chairperson, as the |
14 | | case may be, may remove any public member of the Authority in |
15 | | case of
incompetence, neglect of
duty, or malfeasance in |
16 | | office. The chairperson of a county board may remove any
|
17 | | public member appointed
by that chairperson in the case of |
18 | | incompetence, neglect of duty, or malfeasance
in office.
|
19 | | (g) The Board shall appoint an Executive Director who |
20 | | shall have a
background in finance, including
familiarity with |
21 | | the legal and procedural requirements of issuing bonds, real
|
22 | | estate, or economic
development and administration. The |
23 | | Executive Director shall hold office at the
discretion of the |
24 | | Board.
The Executive Director shall be the chief |
25 | | administrative and operational
officer of the Authority, shall
|
26 | | direct and supervise its administrative affairs and general |
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1 | | management, perform
such other duties as may
be prescribed |
2 | | from time to time by the members, and receive compensation |
3 | | fixed
by the Authority. The Department of Commerce and |
4 | | Economic Opportunity shall pay
the compensation of the |
5 | | Executive Director from appropriations received for
that |
6 | | purpose. The
Executive Director shall attend all meetings of |
7 | | the Authority. However, no
action of the Authority shall be
|
8 | | invalid on account of the absence of the Executive Director |
9 | | from a meeting. The
Authority may engage
the services of
the |
10 | | Illinois Finance Authority, attorneys, appraisers, engineers, |
11 | | accountants,
credit analysts, and other consultants if the |
12 | | Eastern Illinois Economic
Development Authority deems it |
13 | | advisable.
|
14 | | (Source: P.A. 94-203, eff. 7-13-05; 95-854, eff. 8-18-08.) |
15 | | (70 ILCS 506/21 new) |
16 | | Sec. 21. Requests for assistance; disclosure of economic |
17 | | interests. |
18 | | (a) The Authority may not hear a request for assistance |
19 | | from a restricted person. This prohibition extends to business |
20 | | relationships between a person who is an Authority leader |
21 | | within one year prior to the request for assistance and to any |
22 | | entity in which a restricted person holds or, within the past 2 |
23 | | years, held an ownership interest of 10% or more. |
24 | | (b) An Authority leader shall disclose and recuse himself |
25 | | or herself from matters relating to requests for assistance |
|
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1 | | from an entity that is relocating full-time employees from |
2 | | another Authority's counties if (i) both Authorities contract |
3 | | with or employ the same Authority leader or (ii) there is or, |
4 | | within the past 2 years of the request, there was a business |
5 | | relationship between the Authority leaders at the 2 |
6 | | Authorities. |
7 | | (c) The Board of the Authority shall vote to renew the |
8 | | appointment of the Executive Director and other Authority |
9 | | leaders on an annual basis. All contracts shall be approved on |
10 | | an annual basis and use a public process to solicit |
11 | | applications. This requirement does not apply to full-time |
12 | | employees of the Authority unless otherwise required by |
13 | | applicable State law or local ordinance. |
14 | | (d) Each Authority leader shall submit a statement of |
15 | | economic interest in accordance with Article 4A of the |
16 | | Illinois Governmental Ethics Act. Additionally, each Authority |
17 | | leader shall disclose to the Board outside sources of income |
18 | | and any business relationships in economic development |
19 | | consulting or lobbying. Reporting shall include the source of |
20 | | income, services provided, and timeline of when services were |
21 | | provided. If the source of income is a firm or organization |
22 | | with multiple clients, the report shall list all of the |
23 | | entities for which the individual provided services. |
24 | | (70 ILCS 506/22 new) |
25 | | Sec. 22. Open meetings; record disclosure. |
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1 | | (a) The Authority is subject to the Open Meetings Act and |
2 | | the Freedom of Information Act. Documents subject to the |
3 | | Freedom of Information Act include, but are not limited to, |
4 | | expenses,
payroll, origination bonuses, and other financial |
5 | | details of the Authority. |
6 | | (b) A contract or agreement entered into by the Authority |
7 | | must be posted on the Authority's website. The Authority shall |
8 | | provide a detailed report of the Authority's financial |
9 | | information on the Authority's website, including, but not |
10 | | limited to, a statement of profits and losses, balance sheet, |
11 | | and income statement of the Authority. |
12 | | (70 ILCS 506/70)
|
13 | | Sec. 70. Reports ; commitment notice . The Authority shall |
14 | | annually submit a report of its
finances to the Auditor |
15 | | General.
The Authority shall annually submit a report of its |
16 | | activities to the Governor
and to the General Assembly.
|
17 | | The Authority shall provide notice to the General |
18 | | Assembly, the Department of Commerce and Economic Opportunity, |
19 | | and the Governor once the Authority enters into a commitment |
20 | | to support the financing of a project. The notice to the |
21 | | General Assembly shall be filed with the Clerk of the House of |
22 | | Representatives and the Secretary of the Senate, in electronic |
23 | | form only, in the manner that the Clerk and the Secretary shall |
24 | | direct. |
25 | | (Source: P.A. 94-203, eff. 7-13-05.) |
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1 | | Section 25. The Joliet Arsenal Development Authority Act |
2 | | is amended by changing Section 50 and by adding Sections |
3 | | 10.75, 10.80, 20, 21, and 22 as follows: |
4 | | (70 ILCS 508/10.75 new) |
5 | | Sec. 10.75. Authority leader. "Authority leader" means the |
6 | | Executive Director, Assistant Executive Director, or any other |
7 | | person serving in a management, administrative, or leadership |
8 | | role at the Authority. |
9 | | (70 ILCS 508/10.80 new) |
10 | | Sec. 10.80. Restricted person. "Restricted person" means a |
11 | | person who has a familial or business relationship with an |
12 | | Authority leader.
|
13 | | (70 ILCS 508/20)
|
14 | | Sec. 20. Actions of the Authority. All official acts of |
15 | | the Authority
shall require the affirmative vote of at least 6 |
16 | | members of the Board at a
meeting of the Board at which the |
17 | | members casting those affirmative votes are
present. It is the |
18 | | duty of the Authority to promote development within its
|
19 | | territorial jurisdiction. The Authority shall use the powers |
20 | | conferred on it
by this Act to assist in the development, |
21 | | construction, and acquisition of
industrial or commercial |
22 | | projects within its territorial jurisdiction.
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1 | | 6 members shall constitute a
quorum, and the Board may not |
2 | | meet or take any action without a quorum present. |
3 | | (Source: P.A. 89-333, eff. 8-17-95.)
|
4 | | (70 ILCS 508/21 new) |
5 | | Sec. 21. Requests for assistance; disclosure of economic |
6 | | interests. |
7 | | (a) The Authority may not hear a request for assistance |
8 | | from a restricted person. This prohibition extends to business |
9 | | relationships between a person who is an Authority leader |
10 | | within one year prior to the request for assistance and to any |
11 | | entity in which a restricted person holds or, within the past 2 |
12 | | years, held an ownership interest of 10% or more. |
13 | | (b) An Authority leader shall disclose and recuse himself |
14 | | or herself from matters relating to requests for assistance |
15 | | from an entity that is relocating full-time employees from |
16 | | another Authority's counties if (i) both Authorities contract |
17 | | with or employ the same Authority leader or (ii) there is or, |
18 | | within the past 2 years of the request, there was a business |
19 | | relationship between the Authority leaders at the 2 |
20 | | Authorities. |
21 | | (c) The Board of the Authority shall vote to renew the |
22 | | appointment of the Executive Director and other Authority |
23 | | leaders on an annual basis. All contracts shall be approved on |
24 | | an annual basis and use a public process to solicit |
25 | | applications. This requirement does not apply to full-time |
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1 | | employees of the Authority unless otherwise required by |
2 | | applicable State law or local ordinance. |
3 | | (d) Each Authority leader shall submit a statement of |
4 | | economic interest in accordance with Article 4A of the |
5 | | Illinois Governmental Ethics Act. Additionally, each Authority |
6 | | leader shall disclose to the Board outside sources of income |
7 | | and any business relationships in economic development |
8 | | consulting or lobbying. Reporting shall include the source of |
9 | | income, services provided, and timeline of when services were |
10 | | provided. If the source of income is a firm or organization |
11 | | with multiple clients, the report shall list all of the |
12 | | entities for which the individual provided services. |
13 | | (70 ILCS 508/22 new) |
14 | | Sec. 22. Open meetings; record disclosure. |
15 | | (a) The Authority is subject to the Open Meetings Act and |
16 | | the Freedom of Information Act. Documents subject to the |
17 | | Freedom of Information Act include, but are not limited to, |
18 | | expenses,
payroll, origination bonuses, and other financial |
19 | | details of the Authority. |
20 | | (b) A contract or agreement entered into by the Authority |
21 | | must be posted on the Authority's website. The Authority shall |
22 | | provide a detailed report of the Authority's financial |
23 | | information on the Authority's website, including, but not |
24 | | limited to, a statement of profits and losses, balance sheet, |
25 | | and income statement of the Authority.
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1 | | (70 ILCS 508/50)
|
2 | | Sec. 50. Reports ; commitment notice . The Authority shall |
3 | | annually submit a report of its
finances to the Auditor |
4 | | General. The Authority shall annually submit a report
of its |
5 | | activities to the Governor and General Assembly.
|
6 | | The Authority shall provide notice to the General |
7 | | Assembly, the Department of Commerce and Economic Opportunity, |
8 | | and the Governor once the Authority enters into a commitment |
9 | | to support the financing of a project. The notice to the |
10 | | General Assembly shall be filed with the Clerk of the House of |
11 | | Representatives and the Secretary of the Senate, in electronic |
12 | | form only, in the manner that the Clerk and the Secretary shall |
13 | | direct. |
14 | | (Source: P.A. 89-333, eff. 8-17-95.)
|
15 | | Section 30. The Quad Cities Regional Economic Development
|
16 | | Authority Act, approved September 22, 1987 is amended by |
17 | | changing Sections 3, 4, 5, 6, and 14 as follows:
|
18 | | (70 ILCS 510/3) (from Ch. 85, par. 6203)
|
19 | | Sec. 3.
The following terms, whenever used or referred to |
20 | | in this
Act, shall have the following meanings, except in such |
21 | | instances where the
context may clearly indicate otherwise:
|
22 | | (a) "Authority" means the Quad Cities Regional Economic |
23 | | Development Authority
created by this Act.
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1 | | (a-5) "Authority leader" means the Executive Director, |
2 | | Assistant Executive Director, or any other person serving in a |
3 | | management, administrative, or leadership role at the |
4 | | Authority. |
5 | | (b) "Governmental agency" means any federal, State or |
6 | | local governmental
body, and any agency or instrumentality |
7 | | thereof, corporate or otherwise.
|
8 | | (c) "Person" means any natural person, firm, partnership, |
9 | | corporation,
both domestic and foreign, company, association |
10 | | or joint stock association
and includes any trustee, receiver, |
11 | | assignee or personal representative thereof.
|
12 | | (c-5) "Restricted person" means a person who has a |
13 | | familial or business relationship with an Authority leader. |
14 | | (d) "Revenue bond" means any bond issued by the Authority |
15 | | the principal
and interest of which is payable solely from |
16 | | revenues or income
derived from any project or activity of the |
17 | | Authority.
|
18 | | (e) "Board" means the Quad Cities Regional Economic |
19 | | Development
Authority Board of Directors.
|
20 | | (f) "Governor" means the Governor of the State of |
21 | | Illinois.
|
22 | | (g) "City" means any city, village, incorporated town or |
23 | | township
within the geographical territory of the Authority.
|
24 | | (h) "Industrial project" means (1) a capital project, |
25 | | including one or
more buildings and other structures, |
26 | | improvements, machinery and equipment
whether or not on the |
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1 | | same site or sites now existing or hereafter
acquired, |
2 | | suitable for use by any manufacturing, industrial, research,
|
3 | | transportation or commercial enterprise including but not |
4 | | limited to use
as a factory, mill, processing plant, assembly |
5 | | plant, packaging plant,
fabricating plant, office building, |
6 | | industrial distribution center,
warehouse, repair, overhaul or |
7 | | service facility, freight terminal, research
facility, test |
8 | | facility, railroad facility, solid waste and wastewater
|
9 | | treatment and disposal sites and other pollution control |
10 | | facilities,
resource or waste reduction, recovery, treatment |
11 | | and disposal facilities,
and including also the sites thereof |
12 | | and other rights in land therefor
whether improved or |
13 | | unimproved, site preparation and landscaping and all
|
14 | | appurtenances and facilities incidental thereto such as |
15 | | utilities, access
roads, railroad sidings, truck docking and |
16 | | similar facilities, parking
facilities, dockage, wharfage, |
17 | | railroad roadbed, track, trestle, depot,
terminal, switching |
18 | | and signaling equipment or related equipment and other
|
19 | | improvements necessary or convenient thereto; or (2) any land, |
20 | | buildings,
machinery or equipment comprising an addition to or |
21 | | renovation,
rehabilitation or improvement of any existing |
22 | | capital project.
|
23 | | (i) "Housing project" or "residential project" includes a |
24 | | specific work
or improvement undertaken to provide dwelling |
25 | | accommodations, including the
acquisition, construction or |
26 | | rehabilitation of lands, buildings and
community facilities |
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1 | | and in connection therewith to provide nonhousing
facilities |
2 | | which are an integral part of a planned large-scale project or |
3 | | new community.
|
4 | | (j) "Commercial project" means any project, including but |
5 | | not limited to
one or more buildings and other structures, |
6 | | improvements, machinery and
equipment whether or not on the |
7 | | same site or sites now existing or
hereafter acquired, |
8 | | suitable for use by any retail or wholesale concern,
|
9 | | distributorship or agency, any cultural facilities of a |
10 | | for-profit or
not-for-profit type including but not limited to |
11 | | educational, theatrical, recreational and
entertainment, |
12 | | sports facilities, racetracks, stadiums, convention centers,
|
13 | | exhibition halls, arenas, opera houses and theaters, |
14 | | waterfront
improvements, swimming pools, boat storage, |
15 | | moorage, docking facilities,
restaurants, velodromes, |
16 | | coliseums, sports training facilities,
parking facilities, |
17 | | terminals, hotels and motels, gymnasiums, medical
facilities |
18 | | and port facilities.
|
19 | | (k) "Project" means an industrial, housing, residential, |
20 | | commercial or
service project or any combination thereof |
21 | | provided that all uses shall
fall within one of the categories |
22 | | described above. Any project, of any
nature whatsoever, shall |
23 | | automatically include all site improvements and
new |
24 | | construction involving sidewalks, sewers, solid waste and |
25 | | wastewater
treatment and disposal sites and other pollution |
26 | | control facilities,
resource or waste reduction, recovery, |
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1 | | treatment and disposal facilities,
parks, open spaces, |
2 | | wildlife sanctuaries, streets, highways and runways.
|
3 | | (l) "Lease agreement" shall mean an agreement whereby a |
4 | | project acquired
by the Authority by purchase, gift or lease |
5 | | is leased to any person or
corporation which will use or cause |
6 | | the project to be used as a project as
heretofore defined upon |
7 | | terms providing for lease rental payments at least
sufficient |
8 | | to pay when due all principal of and interest and premium, if |
9 | | any,
on any bonds, notes or other evidences of indebtedness of |
10 | | the Authority
issued with respect to such project, providing |
11 | | for the maintenance,
insurance and operation of the project on |
12 | | terms satisfactory to the
Authority and providing for |
13 | | disposition of the project upon termination of
the lease term, |
14 | | including purchase options or abandonment of the premises,
|
15 | | with such other terms as may be deemed desirable by the |
16 | | Authority.
|
17 | | (m) "Loan agreement" means any agreement pursuant to which |
18 | | the Authority
agrees to loan the proceeds of its bonds, notes |
19 | | or other evidences of
indebtedness issued with respect to a |
20 | | project to any person or corporation
which will use or cause |
21 | | the project to be used as a project as heretofore
defined upon |
22 | | terms providing for loan repayment installments at least
|
23 | | sufficient to pay when due all principal of and interest and |
24 | | premium, if any,
on any bonds, notes or other evidences of |
25 | | indebtedness of the Authority
issued with respect to the |
26 | | project, providing for maintenance,
insurance and operation of |
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1 | | the project on terms satisfactory to the
Authority and |
2 | | providing for other matters as may be deemed advisable by the |
3 | | Authority.
|
4 | | (n) "Financial aid" means the expenditure of Authority |
5 | | funds or funds
provided by the Authority through the issuance |
6 | | of its revenue bonds, notes
or other evidences of indebtedness |
7 | | for the development, construction,
acquisition or improvement |
8 | | of a project.
|
9 | | (o) "Costs incurred in connection with the development, |
10 | | construction,
acquisition or improvement of a project" means |
11 | | the following: the cost of
purchase and construction of all |
12 | | lands and improvements in connection
therewith and equipment |
13 | | and other property, rights, easements and franchises
acquired |
14 | | which are deemed necessary for such construction; financing
|
15 | | charges; interest costs with respect to bonds, notes and other |
16 | | evidences of
indebtedness of the Authority prior to and during |
17 | | construction and for a
period of 6 months thereafter; |
18 | | engineering and legal expenses; the costs of plans,
|
19 | | specifications, surveys and estimates of costs and other |
20 | | expenses necessary or
incident to determining the feasibility |
21 | | or practicability of any project,
together with such other |
22 | | expenses as may be necessary or incident to the
financing, |
23 | | insuring, acquisition and construction of a specific project |
24 | | and
the placing of the same in operation.
|
25 | | (p) "Terminal" means a public place, station or depot for |
26 | | receiving and
delivering passengers, baggage, mail, freight or |
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1 | | express matter and any
combination thereof in connection with |
2 | | the transportation of
persons and property on water or land or |
3 | | in the air.
|
4 | | (q) "Terminal facilities" means all land, buildings, |
5 | | structures,
improvements, equipment and appliances useful in |
6 | | the operation of public
warehouse, storage and transportation |
7 | | facilities and industrial,
manufacturing or commercial |
8 | | activities for the accommodation of or in
connection with |
9 | | commerce by water or land or in the air or useful as an
aid, or |
10 | | constituting an advantage or convenience to, the safe landing,
|
11 | | taking off and navigation of aircraft or the safe and |
12 | | efficient operation
or maintenance of a public airport.
|
13 | | (r) "Port facilities" means all public structures, except |
14 | | terminal
facilities as defined herein, that are in, over, |
15 | | under or adjacent to
navigable waters and are necessary for or |
16 | | incident to the furtherance of
water commerce and includes the |
17 | | widening and deepening of slips, harbors
and navigable waters.
|
18 | | (s) "Airport" means any locality, either land or water, |
19 | | which is used or
designed for the landing and taking off of |
20 | | aircraft or for the location of
runways, landing fields, |
21 | | aerodromes, hangars, buildings, structures,
airport roadways |
22 | | and other facilities.
|
23 | | (Source: P.A. 85-713.)
|
24 | | (70 ILCS 510/4) (from Ch. 85, par. 6204)
|
25 | | Sec. 4. (a) There is hereby created a political |
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1 | | subdivision, body politic
and municipal corporation named the |
2 | | Quad Cities Regional Economic Development
Authority.
The |
3 | | territorial jurisdiction of the Authority is that geographic |
4 | | area
within the boundaries of Jo Daviess, Carroll, Whiteside, |
5 | | Stephenson, Lee, Rock Island, Henry, Knox, and Mercer , |
6 | | Winnebago, and Boone counties in
the State of
Illinois and any |
7 | | navigable waters and air space located therein.
|
8 | | (b) The governing and administrative powers of the |
9 | | Authority shall be
vested in a body consisting of 18 16
members |
10 | | including, as an ex officio
member,
the Director of Commerce |
11 | | and Economic Opportunity, or his or her
designee.
The other |
12 | | members of the Authority
shall be designated "public members", |
13 | | 6 of whom shall be
appointed by the Governor
with the advice |
14 | | and consent of the Senate. Of the 6 members
appointed by
the |
15 | | Governor, one shall be from a city within the Authority's |
16 | | territory
with a population of 25,000 or more and the |
17 | | remainder shall be appointed at
large. Of the 6 members |
18 | | appointed by the Governor, 2 members shall
have
business or |
19 | | finance experience. One member shall be appointed by each of
|
20 | | the county board chairmen of Rock Island, Henry, Knox, and |
21 | | Mercer , Winnebago, and Boone
Counties with the advice and |
22 | | consent of the respective county board.
Within 60 days after |
23 | | the effective date of this amendatory Act of the 97th General |
24 | | Assembly, one additional public member shall be appointed by |
25 | | each of the county board chairpersons of Jo Daviess, Carroll, |
26 | | Whiteside, Stephenson, and Lee counties with the advice and |
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1 | | consent of the respective county board. Of the public members |
2 | | added by this amendatory Act of the 97th General Assembly, one |
3 | | shall serve for a one-year term, 2 shall serve for 2-year |
4 | | terms, and 2 shall serve for 3-year terms, to be determined by |
5 | | lot. Their successors shall serve for 3-year terms. Within 60 |
6 | | days after the effective date of this amendatory Act of the |
7 | | 103rd General Assembly, one additional public member shall be |
8 | | appointed by each of the county board chairperson of Winnebago |
9 | | and Boone counties with the advice and consent of the |
10 | | respective county board. Of the public members added by this |
11 | | amendatory Act of the 103rd General Assembly, one shall serve |
12 | | for a 2-year term and one shall serve for a 3-year term, to be |
13 | | determined by lot. Their successors shall serve for 3-year |
14 | | terms. All public members shall reside within the territorial |
15 | | jurisdiction of this
Act. Ten Nine
members shall constitute a |
16 | | quorum , and the Board may not meet or take any action without a |
17 | | quorum present .
The public members shall be
persons of |
18 | | recognized ability and
experience in one or more of the |
19 | | following areas: economic development,
finance, banking, |
20 | | industrial development, small business management, real
estate |
21 | | development, community development, venture finance, organized |
22 | | labor
or civic, community or neighborhood organization. The |
23 | | Chairman of the
Authority shall be a public member elected by |
24 | | the affirmative vote of not
fewer than 10 6 members of the |
25 | | Authority , except that any chairperson elected on or after the |
26 | | effective date of this amendatory Act of the 97th General |
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1 | | Assembly shall be elected by the affirmative vote of not fewer |
2 | | than 9 members . The term of the Chairman
shall be one year.
|
3 | | (c) The terms of the initial
members of the Authority |
4 | | shall begin 30 days after
the effective date of this Act, |
5 | | except (i) the terms of those
members added by this
amendatory |
6 | | Act of 1989 shall begin 30 days after the effective
date of |
7 | | this amendatory Act of 1989 and (ii) the terms of those members |
8 | | added
by this amendatory Act of the 92nd General Assembly |
9 | | shall begin 30 days after
the effective date of this |
10 | | amendatory Act of the 92nd General Assembly. Of
the 10 public |
11 | | members
appointed pursuant to this Act, 2 (one of whom shall be |
12 | | appointed by the
Governor) shall serve until the
third Monday |
13 | | in January, 1989, 2 (one of whom shall be appointed by the
|
14 | | Governor) shall serve until the third Monday in
January, 1990, |
15 | | 2
(one of whom shall be appointed by the Governor) shall serve |
16 | | until the
third Monday in January, 1991, 2 (both of whom shall |
17 | | be appointed by
the Governor) shall serve until the third |
18 | | Monday in January, 1992, and 2 (one
of whom shall be appointed |
19 | | by the Governor and one of whom shall be appointed
by the |
20 | | county board chairman of Knox County) shall serve until the |
21 | | third Monday
in January, 2004.
The initial terms of the |
22 | | members appointed by the county board chairmen
(other than the |
23 | | county board chairman of Knox County)
shall be determined by |
24 | | lot. All successors shall be appointed by the
original |
25 | | appointing authority and
hold office for a term of 3 years |
26 | | commencing the third
Monday in January of the year in which |
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1 | | their term commences, except in case
of an appointment to fill |
2 | | a vacancy.
Vacancies
occurring among the public members shall |
3 | | be filled for the
remainder of the term.
In case of vacancy in |
4 | | a Governor-appointed membership when
the Senate is not in |
5 | | session, the Governor may make a temporary appointment
until |
6 | | the next meeting of the Senate when a person shall be nominated |
7 | | to
fill such office, and any person so nominated who is |
8 | | confirmed by the
Senate shall hold office during the remainder |
9 | | of the term and until a
successor shall be appointed and |
10 | | qualified.
Members of the Authority shall not be entitled to |
11 | | compensation for their
services
as members but shall be |
12 | | entitled to reimbursement for all necessary
expenses incurred |
13 | | in connection with the performance of their duties as members.
|
14 | | (d) The Governor may remove any public member of the |
15 | | Authority appointed
by the Governor in case
of incompetency, |
16 | | neglect of duty, or malfeasance in office. The Chairman
of a |
17 | | county board may remove any public member of the Authority |
18 | | appointed
by such Chairman in the case of incompetency, |
19 | | neglect of duty, or malfeasance in office.
|
20 | | (e) The Board shall appoint an Executive Director who |
21 | | shall have a
background in finance, including familiarity with |
22 | | the legal and
procedural requirements of issuing bonds, real |
23 | | estate or economic
development and administration. The |
24 | | Executive Director shall hold office
at the discretion of the |
25 | | Board. The Executive Director shall be the chief
|
26 | | administrative and operational officer of the Authority, shall |
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1 | | direct
and supervise its administrative affairs and general |
2 | | management, shall perform
such other duties as may be |
3 | | prescribed from time to time by the members and
shall receive |
4 | | compensation fixed by the Authority.
The Authority may engage |
5 | | the services of such
other agents and employees, including |
6 | | attorneys, appraisers, engineers,
accountants, credit analysts |
7 | | and other consultants, as it may deem
advisable and may |
8 | | prescribe their duties and fix their compensation.
|
9 | | (f) The Board shall create a task force to study and make
|
10 | | recommendations to the Board on the economic development of |
11 | | the territory
within the jurisdiction of this Act. The number |
12 | | of members
constituting the task force shall be set by the |
13 | | Board and may vary from
time to time. The Board may set a |
14 | | specific date by which the task force is
to submit its final |
15 | | report and recommendations to the Board.
|
16 | | (Source: P.A. 97-278, eff. 8-8-11; 98-463, eff. 8-16-13.)
|
17 | | (70 ILCS 510/5) (from Ch. 85, par. 6205)
|
18 | | Sec. 5. Conflicts of interest; requests for assistance; |
19 | | disclosure of economic interests. Interest. Members or |
20 | | employees of authority -
conflicting relations or interests - |
21 | | effects. |
22 | | (a) No member of the
Authority or officer, agent or |
23 | | employee thereof other than the
representatives of a |
24 | | professional sports team shall, in his or her own name
or in |
25 | | the name of a nominee, be an officer, director or hold an |
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1 | | ownership
interest of more than 7-1/2% in any person, |
2 | | association, trust, corporation,
partnership or other entity |
3 | | which is, in its own name or in the name of a
nominee, a party |
4 | | to a contract or agreement upon which the member or
officer, |
5 | | agent or employee may be called upon to act or vote.
|
6 | | (b) With respect to any direct or any indirect interest, |
7 | | other than an
interest prohibited in subsection (a), in a |
8 | | contract or agreement upon
which the member or officer, agent |
9 | | or employee may be called upon to act or
vote, a member of the |
10 | | Authority or officer, agent or employee thereof shall
disclose |
11 | | the same to the secretary of the Authority prior to the taking |
12 | | of
final action by the Authority concerning such contract or |
13 | | agreement and
shall so disclose the nature and extent of such |
14 | | interest and his or her
acquisition thereof, which disclosures |
15 | | shall be publicly acknowledged by
the Authority and entered |
16 | | upon the minutes of the Authority. If a member
of the Authority |
17 | | or officer, agent or employee thereof holds such an
interest |
18 | | then he or she shall refrain from any further official
|
19 | | involvement in regard to such contract or agreement, from |
20 | | voting on any
matter pertaining to such contract or agreement, |
21 | | and from communicating
with other members of the Authority or |
22 | | its officers, agents and employees
concerning said contract or |
23 | | agreement. Notwithstanding any other provision
of law, any |
24 | | contract or agreement entered into in conformity with this
|
25 | | subsection (b) shall not be void or invalid by reason of the |
26 | | interest
described in this subsection, nor shall any person so |
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1 | | disclosing the
interest and refraining from further official |
2 | | involvement as provided in
this subsection be guilty of an |
3 | | offense, be removed from office or be
subject to any other |
4 | | penalty on account of such interest.
|
5 | | (c) Any contract or agreement made in violation of |
6 | | subsection (a) or (b)
of this Section shall be null and void |
7 | | and give rise to no action against
the Authority. No real |
8 | | estate to which a member or employee of the
Authority holds |
9 | | legal title or in which such person has any beneficial
|
10 | | interest, including any interest in a land trust, shall be |
11 | | purchased by the
Authority or by a nonprofit corporation or |
12 | | limited-profit entity for a
development to be financed under |
13 | | this Act. All members and employees of
the Authority shall |
14 | | file annually with the Authority a record of all real
estate in |
15 | | this State of which such person holds legal title or in which
|
16 | | such person has any beneficial interest, including any |
17 | | interest in a land
trust. In the event it is later disclosed |
18 | | that the Authority has purchased
real estate in which a member |
19 | | or employee had an interest, such purchase
shall be voidable |
20 | | by the Authority and the member or employee involved
shall be |
21 | | disqualified from membership in or employment by the |
22 | | Authority.
|
23 | | (d) The Authority may not hear a request for assistance |
24 | | from a restricted person. This prohibition extends to business |
25 | | relationships between a person who is an Authority leader |
26 | | within one year prior to the request for assistance and to any |
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1 | | entity in which a restricted person holds or, within the past 2 |
2 | | years, held an ownership interest of 10% or more. |
3 | | (e) An Authority leader shall disclose and recuse himself |
4 | | or herself from matters relating to requests for assistance |
5 | | from an entity that is relocating full-time employees from |
6 | | another Authority's counties if (i) both Authorities contract |
7 | | with or employ the same Authority leader or (ii) there is or, |
8 | | within the past 2 years of the request, there was a business |
9 | | relationship between the Authority leaders at the 2 |
10 | | Authorities. |
11 | | (f) The Board of the Authority shall vote to renew the |
12 | | appointment of the Executive Director and other Authority |
13 | | leaders on an annual basis. All contracts shall be approved on |
14 | | an annual basis and use a public process to solicit |
15 | | applications. This requirement does not apply to full-time |
16 | | employees of the Authority unless otherwise required by |
17 | | applicable State law or local ordinance. |
18 | | (g) Each Authority leader shall submit a statement of |
19 | | economic interest in accordance with Article 4A of the |
20 | | Illinois Governmental Ethics Act. Additionally, each Authority |
21 | | leader shall disclose to the Board outside sources of income |
22 | | and any business relationships in economic development |
23 | | consulting or lobbying. Reporting shall include the source of |
24 | | income, services provided, and timeline of when services were |
25 | | provided. If the source of income is a firm or organization |
26 | | with multiple clients, the report shall list all of the |
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1 | | entities for which the individual provided services. |
2 | | (Source: P.A. 85-713 .)
|
3 | | (70 ILCS 510/6) (from Ch. 85, par. 6206)
|
4 | | Sec. 6. Records , and reports , and notices of the |
5 | | Authority. The secretary shall
keep a record of the |
6 | | proceedings of the Authority. The treasurer of the
Authority |
7 | | shall be custodian of all Authority funds, and shall be bonded |
8 | | in
such amount as the other members of the Authority may |
9 | | designate. The
accounts and bonds of the Authority shall be |
10 | | set up and maintained in a
manner approved by the Auditor |
11 | | General, and the Authority shall file with
the Auditor General |
12 | | a certified annual report within 120 days after the
close of |
13 | | its fiscal year. The Authority shall also file with the |
14 | | Governor,
the Secretary of the Senate, the Clerk of the House |
15 | | of Representatives, and
the Commission on Government |
16 | | Forecasting and Accountability, by March 1 of each year, a
|
17 | | written report covering its activities and any activities of |
18 | | any
instrumentality corporation established pursuant to this |
19 | | Act for the
previous fiscal year. In its report to be filed by |
20 | | March 1, 1988, the
Authority shall present an economic |
21 | | development strategy for the Quad
Cities region for the year |
22 | | beginning July 1, 1988 and for the 4 years next
ensuing. In |
23 | | each annual report thereafter, the Authority shall make
|
24 | | modifications in such economic development strategy for the 4 |
25 | | years
beginning on the next ensuing July 1, to reflect changes |
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1 | | in economic
conditions or other factors, including the |
2 | | policies of the Authority and
the State of Illinois. It also |
3 | | shall present an economic development
strategy for the fifth |
4 | | year beginning after the next ensuing July 1. The
strategy |
5 | | shall recommend specific legislative and administrative action |
6 | | by
the State, the Authority, units of local government or |
7 | | other governmental
agencies. Such recommendations may include, |
8 | | but are not limited to, new
programs, modifications to |
9 | | existing programs, credit enhancements for bonds
issued by the |
10 | | Authority, and amendments to this Act. When filed, such
report |
11 | | shall be a public record and
open for inspection at the offices |
12 | | of the Authority during normal business hours.
|
13 | | The Authority is subject to the Open Meetings Act and the |
14 | | Freedom of Information Act. Documents subject to the Freedom |
15 | | of Information Act include, but are not limited to, expenses,
|
16 | | payroll, origination bonuses, and other financial details of |
17 | | the Authority. |
18 | | A contract or agreement entered into by the Authority must |
19 | | be posted on the Authority's website. The Authority shall |
20 | | provide a detailed report of the Authority's financial |
21 | | information on the Authority's website, including, but not |
22 | | limited to, a statement of profits and losses, balance sheet, |
23 | | and income statement of the Authority. |
24 | | The Authority shall provide notice to the General |
25 | | Assembly, the Department of Commerce and Economic Opportunity, |
26 | | and the Governor once the Authority enters into a commitment |
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1 | | to support the financing of a project. The notice to the |
2 | | General Assembly shall be filed with the Clerk of the House of |
3 | | Representatives and the Secretary of the Senate, in electronic |
4 | | form only, in the manner that the Clerk and the Secretary shall |
5 | | direct. |
6 | | (Source: P.A. 100-1148, eff. 12-10-18.)
|
7 | | (70 ILCS 510/14) (from Ch. 85, par. 6214)
|
8 | | Sec. 14. Additional powers and duties.
|
9 | | (a) The Authority may, but
need not, acquire title to any |
10 | | project with respect to which it exercises its
authority.
|
11 | | (b) The Authority shall have the power to enter into |
12 | | intergovernmental
agreements with the State of Illinois, the |
13 | | counties of Jo Daviess, Carroll, Whiteside, Stephenson, Lee, |
14 | | Knox, Winnebago, Boone, Rock Island, Henry ,
or Mercer, the |
15 | | State of Iowa or any authority established by the
State of |
16 | | Iowa, the Illinois Finance Authority, the Illinois
Housing |
17 | | Development Authority,
the United States government and any |
18 | | agency or instrumentality of the
United States, any unit of |
19 | | local government located within the territory of
the Authority |
20 | | or any other unit of government to the extent allowed by
|
21 | | Article VII, Section 10 of the Illinois Constitution and the
|
22 | | Intergovernmental Cooperation Act.
|
23 | | (c) The Authority shall have the power to share employees |
24 | | with other
units of government, including agencies of the |
25 | | United States, agencies of
the State of Illinois and agencies |
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1 | | or personnel of any unit of local
government.
|
2 | | (d) The Authority shall have the power to exercise powers |
3 | | and issue
bonds as if it were a municipality so authorized in |
4 | | Divisions 12.1, 74,
74.1, 74.3 and 74.5 of Article 11 of the |
5 | | Illinois Municipal Code.
|
6 | | (Source: P.A. 93-205, eff. 1-1-04.)"; and
|
7 | | Section 35. The Riverdale Development Authority Act is |
8 | | amended by changing Sections 10, 15, and 45 and by adding |
9 | | Sections 21 and 22 as follows: |
10 | | (70 ILCS 516/10)
|
11 | | Sec. 10. Definitions. In this Act words and phrases have |
12 | | the meanings set forth in this Section. |
13 | | "Authority" means the Riverdale Development Authority |
14 | | created by this Act. |
15 | | "Authority leader" means the Executive Director, |
16 | | Assistant Executive Director, or any other person serving |
17 | | in a management, administrative, or leadership role at the |
18 | | Authority. |
19 | | "Board" means the Board of Directors of the Authority. |
20 | | "Costs incurred in connection with the development, |
21 | | construction, acquisition, or improvement of a project" |
22 | | means: the cost of purchase and construction of all lands |
23 | | and related improvements, together with the equipment and |
24 | | other property, rights, easements, and franchises acquired |
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1 | | that are deemed necessary for the construction; the costs |
2 | | of environmental suits, studies and analyses and |
3 | | subsequent clean-up activities necessary to qualify the |
4 | | area as needing no further remediation; financing charges; |
5 | | interest costs with respect to revenue bonds, notes, and |
6 | | other evidences of indebtedness of the Authority prior to |
7 | | and during construction and for a period of 36 months |
8 | | thereafter; engineering and legal expenses; the costs of |
9 | | plans, specifications, surveys, and estimates of costs and |
10 | | other expenses necessary or incident to determining the |
11 | | feasibility or practicability of any project, together |
12 | | with such other expenses as may be necessary or incident |
13 | | to the financing, insuring, acquisition, and construction |
14 | | of a specific project and the placing of the project in |
15 | | operation. |
16 | | "Financial aid" means the expenditure of Authority |
17 | | funds or funds provided by the Authority through the |
18 | | issuance of its revenue bonds, notes, or other evidences |
19 | | of indebtedness for the development, construction, |
20 | | acquisition, or improvement of a project. |
21 | | "Governmental agency" means any federal, State, county |
22 | | or local governmental body, and any agency or |
23 | | instrumentality thereof, corporate or otherwise. |
24 | | "Lease agreement" means an agreement under which a |
25 | | project acquired by the Authority by purchase, gift, or |
26 | | lease is leased to any person or governmental agency that |
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1 | | will use or cause the project to be used as a project upon |
2 | | terms providing for lease rental payments at least |
3 | | sufficient to pay when due the lessee's pro rata share of |
4 | | all principal and interest and premium, if any, on any |
5 | | revenue bonds, notes, or other evidences of indebtedness |
6 | | of the Authority issued with respect to the project, |
7 | | providing for the maintenance, insurance, and operation of |
8 | | the project on terms satisfactory to the Authority, and |
9 | | providing for disposition of the project upon termination |
10 | | of the lease term, including purchase options or |
11 | | abandonment of the premises, with such other terms as may |
12 | | be deemed desirable by the Authority. |
13 | | "Loan agreement" means any agreement by which the |
14 | | Authority agrees to loan the proceeds of its revenue |
15 | | bonds, notes, or other evidences of indebtedness issued |
16 | | with respect to a project to any person or governmental |
17 | | agency that will use or cause the project to be used as a |
18 | | project upon terms providing for loan repayment |
19 | | installments at least sufficient to pay when due the |
20 | | borrower's pro rata share of all principal of and interest |
21 | | and premium, if any, on any revenue bonds, notes, or other |
22 | | evidences of indebtedness of the Authority issued with |
23 | | respect to the project, providing for maintenance, |
24 | | insurance, and operation of the project on terms |
25 | | satisfactory to the Authority, and providing for other |
26 | | matters as may be deemed advisable by the Authority. |
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1 | | "Person" includes without limitation an individual, |
2 | | corporation, partnership, unincorporated association, and |
3 | | any other legal entity, including a trustee, receiver, |
4 | | assignee, or personal representative of the entity. |
5 | | "Project" means an industrial, commercial, |
6 | | freight-oriented or residential project or any combination |
7 | | thereof provided that all uses shall fall within one of |
8 | | those categories, including but not limited to one or more |
9 | | buildings and other structures, improvements, machinery |
10 | | and equipment whether or not on the same site or any land, |
11 | | buildings, machinery, or equipment comprising an addition |
12 | | to or renovation, rehabilitation, or improvement of any |
13 | | existing capital project. Any project shall automatically |
14 | | include all site improvements and new construction |
15 | | involving sidewalks, sewers, landscaping and all |
16 | | appurtenances and facilities incidental thereto such as |
17 | | utilities, access roads, railroad sidings, truck docking, |
18 | | and similar facilities, parking facilities, railroad |
19 | | roadbed, track, trestle, depot, terminal, intermodal |
20 | | facilities, switching and signaling equipment, or related |
21 | | equipment and other improvements necessary or convenient |
22 | | thereto, solid waste and wastewater treatment and disposal |
23 | | sites and other pollution control facilities, resource or |
24 | | waste reduction, recovery, treatment, and disposal |
25 | | facilities, open spaces, streets, highways, and runways. |
26 | | "Restricted person" means a person who has a familial |
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1 | | or business relationship with an Authority leader. |
2 | | "Revenue bond" or "bond" means any bond issued by the |
3 | | Authority under the supervision of the Illinois Finance |
4 | | Authority, the principal and interest of which are payable |
5 | | solely from revenues or income derived from any project or |
6 | | activity of the Authority. |
7 | | "Terminal" means a public place, station, or depot for |
8 | | receiving and delivering passengers, baggage, mail, |
9 | | freight, or express matter and any combination thereof in |
10 | | connection with the transportation of persons and property |
11 | | on land. |
12 | | "Terminal facilities" means all land, buildings, |
13 | | structures, improvements, equipment, and appliances useful |
14 | | in the operation of public warehouse, storage, and |
15 | | transportation facilities and industrial, manufacturing, |
16 | | or commercial activities for the accommodation of or in |
17 | | connection with commerce by land.
|
18 | | (Source: P.A. 94-1093, eff. 1-26-07.) |
19 | | (70 ILCS 516/15)
|
20 | | Sec. 15. Creation of Authority; Board members; officers. |
21 | | (a) The Riverdale Development Authority is created as a |
22 | | political subdivision, body politic, and municipal |
23 | | corporation. |
24 | | (b) The jurisdiction of the Authority shall extend over |
25 | | the approximately 1,200 acres (1.87 sq. miles), more or less, |
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1 | | of largely industrial, commercial and residential property |
2 | | located between and adjacent to the CSX's Barr Yard and IHB's |
3 | | Blue Island Yard, exclusive of those yards and other rail |
4 | | lines and utility property, but including: the property |
5 | | generally bounded by I-57 on the west; east along Jackson |
6 | | Street and Indian Boundary Line to Halsted Avenue; south on |
7 | | Halsted to Forestview Avenue continuing east to the Norfolk |
8 | | Southern Railway; north along the Norfolk Southern Railway to |
9 | | the Little Calumet River, east along the River to the |
10 | | northeastern tip of the peninsula crossing the River at the |
11 | | height of 130th Street to the Canadian National-Illinois |
12 | | Central Railroad property line continuing south along the rail |
13 | | line and crossing the River again; east along the River to |
14 | | Indiana Avenue; south to 136th Street; west on 136th Street to |
15 | | the Norfolk Southern Railway then northwest to the northern |
16 | | boundary of Mohawk Park at the height of Blue Island-Riverdale |
17 | | Road and thence west on Blue Island-Riverdale Road to the |
18 | | eastern edge of the Commonwealth Edison easement at the height |
19 | | of Stewart Avenue and then south on Stewart Avenue to 142nd |
20 | | Street; west on 142nd Street continuing along the southern |
21 | | boundary of the IHB Blue Island Yard following this boundary |
22 | | line west to I-57. |
23 | | (c) The governing and administrative powers of the |
24 | | Authority shall be vested in its Board of Directors consisting |
25 | | of 5 members, 3 of whom shall be appointed by the Mayor of |
26 | | Riverdale and 2 of whom shall be appointed by the Governor. All |
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1 | | persons appointed as members of the Board shall have |
2 | | recognized ability and experience in one or more of the |
3 | | following areas: economic development, finance, banking, |
4 | | industrial development, business management, real estate, |
5 | | community development, organized labor, or civic, community, |
6 | | or neighborhood organization. |
7 | | (d) The terms of the 5 initial appointees to the Authority |
8 | | shall commence 30 days after the effective date of this Act. Of |
9 | | the 5 appointees initially appointed (i) one of Riverdale's |
10 | | appointees and one of the Governor's appointees shall be |
11 | | appointed to serve terms expiring on the third Monday in |
12 | | January, 2009; (ii) one of Riverdale's appointees shall be |
13 | | appointed to serve a term expiring on the third Monday in |
14 | | January, 2010; and (iii) one of Riverdale's appointees and 1 |
15 | | of the Governor's appointees shall be appointed to serve terms |
16 | | expiring on the third Monday in January, 2011. All successors |
17 | | shall be appointed by the original appointing authority and |
18 | | hold office for a term of 4 years commencing the third Monday |
19 | | in January of the year in which their term commences, except in |
20 | | case of an appointment to fill a vacancy. Vacancies shall be |
21 | | filled for the remainder of the term. Each member appointed to |
22 | | the Board shall serve until his or her successor is appointed |
23 | | and qualified. |
24 | | (e) The Chairperson of the Board shall be elected by the |
25 | | Board annually from among its members. |
26 | | (f) The appointing authority may remove any member of the |
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1 | | Board in case of incompetency, neglect of duty, or malfeasance |
2 | | in office. |
3 | | (g) Members of the Board shall serve without compensation |
4 | | for their services as members but may be reimbursed for all |
5 | | necessary expenses incurred in connection with the performance |
6 | | of their duties as members. |
7 | | (h) The Board may appoint an Executive Director who shall |
8 | | have a background in administration, planning, real estate, |
9 | | economic development, finance, or law. The Executive Director |
10 | | shall hold office at the discretion of the Board. The |
11 | | Executive Director shall be the chief administrative and |
12 | | operational officer of the Authority, shall direct and |
13 | | supervise its administrative affairs and general management, |
14 | | shall perform such other duties as may be prescribed from time |
15 | | to time by the Board, and shall receive compensation fixed by |
16 | | the Board. The Executive Director shall attend all meetings of |
17 | | the Board; however, no action of the Board or the Authority |
18 | | shall be invalid on account of the absence of the Executive |
19 | | Director from a meeting. The Board may engage the services of |
20 | | such other agents and employees, including planners, |
21 | | attorneys, appraisers, engineers, accountants, credit analysts |
22 | | and other consultants, and may prescribe their duties and fix |
23 | | their compensation. |
24 | | (i) The Board shall meet on the call of its Chairperson or |
25 | | upon written notice of 3 members of the Board. 3 members shall |
26 | | constitute a
quorum, and the Board may not meet or take any |
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1 | | action without a quorum present. |
2 | | (j) All official acts of the Authority shall require the |
3 | | affirmative vote of at least 3 of the members of the Board |
4 | | present and voting at a meeting of the Board.
|
5 | | (Source: P.A. 94-1093, eff. 1-26-07.) |
6 | | (70 ILCS 516/21 new) |
7 | | Sec. 21. Requests for assistance; disclosure of economic |
8 | | interests. |
9 | | (a) The Authority may not hear a request for assistance |
10 | | from a restricted person. This prohibition extends to business |
11 | | relationships between a person who is an Authority leader |
12 | | within one year prior to the request for assistance and to any |
13 | | entity in which a restricted person holds or, within the past 2 |
14 | | years, held an ownership interest of 10% or more. |
15 | | (b) An Authority leader shall disclose and recuse himself |
16 | | or herself from matters relating to requests for assistance |
17 | | from an entity that is relocating full-time employees from |
18 | | another Authority's counties if (i) both Authorities contract |
19 | | with or employ the same Authority leader or (ii) there is or, |
20 | | within the past 2 years of the request, there was a business |
21 | | relationship between the Authority leaders at the 2 |
22 | | Authorities. |
23 | | (c) The Board of the Authority shall vote to renew the |
24 | | appointment of the Executive Director and other Authority |
25 | | leaders on an annual basis. All contracts shall be approved on |
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1 | | an annual basis and use a public process to solicit |
2 | | applications. This requirement does not apply to full-time |
3 | | employees of the Authority unless otherwise required by |
4 | | applicable State law or local ordinance. |
5 | | (d) Each Authority leader shall submit a statement of |
6 | | economic interest in accordance with Article 4A of the |
7 | | Illinois Governmental Ethics Act. Additionally, each Authority |
8 | | leader shall disclose to the Board outside sources of income |
9 | | and any business relationships in economic development |
10 | | consulting or lobbying. Reporting shall include the source of |
11 | | income, services provided, and timeline of when services were |
12 | | provided. If the source of income is a firm or organization |
13 | | with multiple clients, the report shall list all of the |
14 | | entities for which the individual provided services. |
15 | | (70 ILCS 516/22 new) |
16 | | Sec. 22. Open meetings; record disclosure. |
17 | | (a) The Authority is subject to the Open Meetings Act and |
18 | | the Freedom of Information Act. Documents subject to the |
19 | | Freedom of Information Act include, but are not limited to, |
20 | | expenses,
payroll, origination bonuses, and other financial |
21 | | details of the Authority. |
22 | | (b) A contract or agreement entered into by the Authority |
23 | | must be posted on the Authority's website. The Authority shall |
24 | | provide a detailed report of the Authority's financial |
25 | | information on the Authority's website, including, but not |
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1 | | limited to, a statement of profits and losses, balance sheet, |
2 | | and income statement of the Authority. |
3 | | (70 ILCS 516/45)
|
4 | | Sec. 45. Reports ; commitment notice . The Authority shall, |
5 | | annually, submit a report of its finances to the Auditor |
6 | | General. The Authority shall, annually, submit a report of its |
7 | | activities to the Governor and to the General Assembly.
|
8 | | The Authority shall provide notice to the General |
9 | | Assembly, the Department of Commerce and Economic Opportunity, |
10 | | and the Governor once the Authority enters into a commitment |
11 | | to support the financing of a project. The notice to the |
12 | | General Assembly shall be filed with the Clerk of the House of |
13 | | Representatives and the Secretary of the Senate, in electronic |
14 | | form only, in the manner that the Clerk and the Secretary shall |
15 | | direct. |
16 | | (Source: P.A. 94-1093, eff. 1-26-07.) |
17 | | Section 40. The Southeastern Illinois
Economic Development |
18 | | Authority
Act is amended by changing Sections 15, 20, and 70 |
19 | | and by adding Sections 26 and 27 as follows: |
20 | | (70 ILCS 518/15) |
21 | | Sec. 15. Definitions. In this Act:
|
22 | | "Authority" means the Southeastern Illinois Economic |
23 | | Development Authority.
|
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1 | | "Authority leader" means the Executive Director, Assistant |
2 | | Executive Director, or any other person serving in a |
3 | | management, administrative, or leadership role at the |
4 | | Authority. |
5 | | "Governmental agency" means any federal, State, or local |
6 | | governmental body
and any agency or
instrumentality thereof, |
7 | | corporate or otherwise.
|
8 | | "Person" means any natural person, firm, partnership, |
9 | | corporation, both
domestic and foreign,
company, association |
10 | | or joint stock association and includes any trustee,
receiver, |
11 | | assignee or personal
representative thereof.
|
12 | | "Restricted person" means a person who has a familial or |
13 | | business relationship with an Authority leader. |
14 | | "Revenue bond" means any bond issued by the Authority, the |
15 | | principal and
interest of which is payable
solely from |
16 | | revenues or income derived from any project or activity of the
|
17 | | Authority.
|
18 | | "Board" means the Board of Directors of the Southeastern |
19 | | Illinois Economic
Development Authority.
|
20 | | "Governor" means the Governor of the State of Illinois.
|
21 | | "City" means any city, village, incorporated town, or |
22 | | township within the
geographical territory of the
Authority.
|
23 | | "Industrial project" means the following:
|
24 | | (1) a capital project, including one or more buildings |
25 | | and other
structures, improvements,
machinery and |
26 | | equipment whether or not on the same site or sites now |
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1 | | existing
or hereafter acquired,
suitable for use by any |
2 | | manufacturing, industrial, research, transportation or
|
3 | | commercial enterprise
including but not limited to use as |
4 | | a factory, mill, processing plant, assembly
plant, |
5 | | packaging plant,
fabricating plant, ethanol plant, office |
6 | | building, industrial distribution
center, warehouse,
|
7 | | repair, overhaul or service
facility, freight terminal, |
8 | | research facility, test facility, power generation |
9 | | facility, mining operation, railroad
facility, solid waste |
10 | | and wastewater
treatment and disposal sites and other |
11 | | pollution control facilities, resource
or waste reduction, |
12 | | recovery,
treatment and disposal facilities, |
13 | | tourism-related facilities, including hotels, theaters, |
14 | | water parks, and amusement parks, and including also the |
15 | | sites thereof and
other rights in land therefore
whether |
16 | | improved or unimproved, site preparation and landscaping |
17 | | and all
appurtenances and facilities
incidental thereto |
18 | | such as utilities, access roads, railroad sidings, truck
|
19 | | docking and similar facilities,
parking facilities, |
20 | | dockage, wharfage, railroad roadbed, track, trestle, |
21 | | depot,
terminal, switching and
signaling equipment or |
22 | | related equipment and other improvements necessary or
|
23 | | convenient thereto; or
|
24 | | (2) any land, buildings, machinery or equipment |
25 | | comprising an addition to or
renovation,
rehabilitation or |
26 | | improvement of any existing capital project.
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1 | | "Housing project" or "residential project" includes a |
2 | | specific work or improvement undertaken to provide dwelling |
3 | | accommodations, including the acquisition, construction or |
4 | | rehabilitation of lands, buildings and community facilities |
5 | | and in connection therewith to provide nonhousing facilities |
6 | | which are an integral part of a planned large-scale project or |
7 | | new community. |
8 | | "Commercial project" means any project, including, but not |
9 | | limited to, one or
more buildings and other
structures, |
10 | | improvements, machinery, and equipment, whether or not on the |
11 | | same
site or sites now existing
or hereafter acquired, |
12 | | suitable for use by any retail or wholesale concern,
|
13 | | distributorship, or agency, or health facility or retirement |
14 | | facility.
|
15 | | "Project" means an industrial, housing, residential, |
16 | | commercial, or service
project, or any combination
thereof, |
17 | | provided that all uses fall within one of the categories |
18 | | described
above. Any project automatically
includes all site |
19 | | improvements and new construction involving sidewalks,
sewers, |
20 | | solid waste and
wastewater treatment and disposal sites and |
21 | | other pollution control facilities,
resource or waste |
22 | | reduction,
recovery, treatment and disposal facilities, parks, |
23 | | open spaces, wildlife
sanctuaries, streets, highways, and
|
24 | | runways.
|
25 | | "Lease agreement" means an agreement in which a project |
26 | | acquired by the
Authority by purchase, gift,
or lease is |
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1 | | leased to any person or corporation that will use, or cause the
|
2 | | project to be used, as a project,
upon terms providing for |
3 | | lease rental payments at least sufficient to pay, when due, |
4 | | all principal of and
interest and premium, if any, on any |
5 | | bonds, notes, or other evidences of indebtedness of the |
6 | | Authority,
issued with respect to the project, providing for |
7 | | the maintenance, insurance, and operation of the project on
|
8 | | terms satisfactory to the Authority and providing for |
9 | | disposition of the project upon termination of the lease
term, |
10 | | including purchase options or abandonment of the premises, |
11 | | with other terms as may be deemed
desirable by the Authority.
|
12 | | "Loan agreement" means any agreement in which the |
13 | | Authority agrees to loan
the proceeds of its bonds,
notes, or |
14 | | other evidences of indebtedness, issued with respect to a |
15 | | project, to
any person or corporation
which will use or cause |
16 | | the project to be used as a project, upon terms
providing for |
17 | | loan repayment
installments at least sufficient to pay, when |
18 | | due, all principal of and
interest and premium, if any, on any
|
19 | | bonds, notes, or other evidences of indebtedness of the |
20 | | Authority issued with
respect to the project,
providing for |
21 | | maintenance, insurance, and operation of the project on terms
|
22 | | satisfactory to the Authority
and providing for other terms |
23 | | deemed advisable by the Authority.
|
24 | | "Financial aid" means the expenditure of Authority funds |
25 | | or funds provided by
the Authority for the
development, |
26 | | construction, acquisition or improvement of a project, through |
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1 | | the
issuance of revenue bonds,
notes, or other evidences of |
2 | | indebtedness.
|
3 | | "Costs incurred in connection with
the development, |
4 | | construction, acquisition or improvement of a
project" means |
5 | | the following:
|
6 | | (1) the cost of purchase and construction of all lands |
7 | | and improvements in
connection therewith and
equipment and |
8 | | other property, rights, easements, and franchises acquired |
9 | | which
are deemed necessary for
the construction;
|
10 | | (2) financing charges;
|
11 | | (3) interest costs with respect to bonds, notes, and |
12 | | other evidences of
indebtedness of the Authority
prior to |
13 | | and during construction and for a period of 6 months |
14 | | thereafter;
|
15 | | (4) engineering and legal expenses; and
|
16 | | (5) the costs of plans, specifications, surveys, and |
17 | | estimates of costs and
other expenses necessary or
|
18 | | incident to determining the feasibility or practicability |
19 | | of any project,
together with such other expenses as
may |
20 | | be necessary or incident to the financing, insuring, |
21 | | acquisition, and
construction of a specific project
and |
22 | | the placing of the same in operation.
|
23 | | (Source: P.A. 98-750, eff. 1-1-15 .) |
24 | | (70 ILCS 518/20)
|
25 | | Sec. 20. Creation.
|
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1 | | (a) There is created a political subdivision, body |
2 | | politic, and municipal
corporation named the Southeastern
|
3 | | Illinois Economic Development Authority. The territorial |
4 | | jurisdiction of the
Authority is that geographic
area within |
5 | | the boundaries of the following counties: Fayette, Cumberland, |
6 | | Clark, Effingham, Jasper, Crawford, Marion, Clay, Richland, |
7 | | Lawrence, Jefferson, Wayne, Edwards, Wabash, Hamilton, and |
8 | | White; Irvington Township in Washington County; and any
|
9 | | navigable waters and
air space located therein.
|
10 | | (b) The governing and administrative powers of the |
11 | | Authority shall be vested
in a body consisting of 27
members as |
12 | | follows: |
13 | | (1) Public members. Nine members shall be appointed by |
14 | | the Governor
with the advice and
consent of the Senate. |
15 | | The county board chairmen of the following counties shall |
16 | | each appoint one member: Clark, Clay, Crawford, |
17 | | Cumberland, Edwards, Effingham, Fayette, Hamilton, Jasper, |
18 | | Jefferson, Lawrence, Marion, Richland, Wabash, Washington, |
19 | | Wayne, and White. |
20 | | (2) One member shall be appointed by the Director of |
21 | | Commerce and Economic Opportunity. |
22 | | All public members shall reside within
the territorial
|
23 | | jurisdiction of the Authority.
The public members shall be |
24 | | persons of recognized ability and experience in one
or more of |
25 | | the following
areas: economic development, finance, banking, |
26 | | industrial development, state or
local government, commercial |
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1 | | agriculture, small
business management, real
estate |
2 | | development, community development, venture finance, organized |
3 | | labor, or
civic or community
organization.
|
4 | | (c) Fourteen members shall constitute a quorum , and the |
5 | | Board may not meet or take any action without a quorum present .
|
6 | | (d) The chairman of the Authority shall be elected |
7 | | annually by the Board.
|
8 | | (e) The terms of the initial members of the Authority |
9 | | shall begin 30 days
after the effective date of this
Act. Of |
10 | | the 10 original members appointed by the Governor and the |
11 | | Director of Commerce and Economic Opportunity pursuant to |
12 | | subsection (b), one shall serve until the third Monday in |
13 | | January, 2005; one shall serve until the third Monday in |
14 | | January, 2006; 2 shall serve until the third Monday in |
15 | | January, 2007; 2 shall serve until the third Monday in |
16 | | January, 2008; 2 shall serve until the third Monday in |
17 | | January, 2009; and 2 shall serve until the third Monday in |
18 | | January, 2010. The terms of the initial public members of the |
19 | | Authority appointed by the county board chairmen shall begin |
20 | | 30 days after the effective date of this amendatory Act of the |
21 | | 97th General Assembly. The terms of the initial public members |
22 | | appointed by the county board chairmen shall be determined by |
23 | | lot, according to the following schedule: (i) 4 shall serve |
24 | | until the third Monday in January, 2013, (ii) 4 shall serve |
25 | | until the third Monday in January, 2014, (iii) 3 shall serve |
26 | | until the third Monday in January, 2015, (iv) 3 shall serve |
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1 | | until the third Monday in January, 2016, and (v) 3 shall serve |
2 | | until the third Monday in January, 2017. All successors to |
3 | | these initial members shall be appointed by the original |
4 | | appointing authority pursuant to subsection (b), and shall |
5 | | hold office for a term of 3 years commencing the third Monday |
6 | | in January of the year in which their term commences, except in |
7 | | the case of an appointment to fill a vacancy. Vacancies |
8 | | occurring among the members shall be filled for the
remainder |
9 | | of the term. In case of
a vacancy in a Governor-appointed |
10 | | membership when the Senate is not in session,
the Governor may |
11 | | make a
temporary appointment until the next meeting of the |
12 | | Senate when a person shall
be nominated to fill the
office and, |
13 | | upon confirmation by the Senate, he or she shall hold office |
14 | | during
the remainder of the term
and until a successor is |
15 | | appointed and qualified. Members of the Authority are
not |
16 | | entitled to
compensation for their services as members but are |
17 | | entitled to reimbursement
for all necessary expenses
incurred |
18 | | in connection with the performance of their duties as members.
|
19 | | Members of the Board may participate in Board meetings by |
20 | | teleconference or video conference.
|
21 | | (f) The Governor may remove any public member of the |
22 | | Authority appointed by the Governor, and the Director of |
23 | | Commerce and Economic Opportunity may remove any member |
24 | | appointed by the Director, in case of
incompetence, neglect of
|
25 | | duty, or malfeasance in office. The chairman of a county |
26 | | board, with the approval of a majority vote of the county |
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1 | | board, may remove any public member appointed by that chairman |
2 | | in the case of incompetence, neglect of duty, or malfeasance |
3 | | in office.
|
4 | | (g) The Board shall appoint an Executive Director who |
5 | | shall have a
background in finance, including
familiarity with |
6 | | the legal and procedural requirements of issuing bonds, real
|
7 | | estate, or economic
development and administration. The |
8 | | Executive Director shall hold office at the
discretion of the |
9 | | Board.
The Executive Director shall be the chief |
10 | | administrative and operational
officer of the Authority, shall
|
11 | | direct and supervise its administrative affairs and general |
12 | | management, perform
such other duties as may
be prescribed |
13 | | from time to time by the members, and receive compensation |
14 | | fixed
by the Authority. The
Executive Director shall attend |
15 | | all meetings of the Authority. However, no
action of the |
16 | | Authority shall be
invalid on account of the absence of the |
17 | | Executive Director from a meeting. The
Authority may engage
|
18 | | the services of the Illinois Finance Authority, attorneys, |
19 | | appraisers,
engineers, accountants, credit
analysts, and other |
20 | | consultants, if the Southeastern Illinois Economic Development |
21 | | Authority deems it advisable.
|
22 | | (Source: P.A. 97-717, eff. 6-29-12.) |
23 | | (70 ILCS 518/26 new) |
24 | | Sec. 26. Requests for assistance; disclosure of economic |
25 | | interests. |
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1 | | (a) The Authority may not hear a request for assistance |
2 | | from a restricted person. This prohibition extends to business |
3 | | relationships between a person who is an Authority leader |
4 | | within one year prior to the request for assistance and to any |
5 | | entity in which a restricted person holds or, within the past 2 |
6 | | years, held an ownership interest of 10% or more. |
7 | | (b) An Authority leader shall disclose and recuse himself |
8 | | or herself from matters relating to requests for assistance |
9 | | from an entity that is relocating full-time employees from |
10 | | another Authority's counties if (i) both Authorities contract |
11 | | with or employ the same Authority leader or (ii) there is or, |
12 | | within the past 2 years of the request, there was a business |
13 | | relationship between the Authority leaders at the 2 |
14 | | Authorities. |
15 | | (c) The Board of the Authority shall vote to renew the |
16 | | appointment of the Executive Director and other Authority |
17 | | leaders on an annual basis. All contracts shall be approved on |
18 | | an annual basis and use a public process to solicit |
19 | | applications. This requirement does not apply to full-time |
20 | | employees of the Authority unless otherwise required by |
21 | | applicable State law or local ordinance. |
22 | | (d) Each Authority leader shall submit a statement of |
23 | | economic interest in accordance with Article 4A of the |
24 | | Illinois Governmental Ethics Act. Additionally, each Authority |
25 | | leader shall disclose to the Board outside sources of income |
26 | | and any business relationships in economic development |
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1 | | consulting or lobbying. Reporting shall include the source of |
2 | | income, services provided, and timeline of when services were |
3 | | provided. If the source of income is a firm or organization |
4 | | with multiple clients, the report shall list all of the |
5 | | entities for which the individual provided services. |
6 | | (70 ILCS 518/27 new) |
7 | | Sec. 27. Open meetings; record disclosure. |
8 | | (a) The Authority is subject to the Open Meetings Act and |
9 | | the Freedom of Information Act. Documents subject to the |
10 | | Freedom of Information Act include, but are not limited to, |
11 | | expenses,
payroll, origination bonuses, and other financial |
12 | | details of the Authority. |
13 | | (b) A contract or agreement entered into by the Authority |
14 | | must be posted on the Authority's website. The Authority shall |
15 | | provide a detailed report of the Authority's financial |
16 | | information on the Authority's website, including, but not |
17 | | limited to, a statement of profits and losses, balance sheet, |
18 | | and income statement of the Authority. |
19 | | (70 ILCS 518/70) |
20 | | Sec. 70. Reports ; commitment notice and audit .
|
21 | | (a) The Authority shall annually submit a report of its
|
22 | | finances to the Auditor General. The Authority shall annually |
23 | | submit a report of its activities to the Governor
and to the |
24 | | General Assembly.
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1 | | (b) (Blank).
|
2 | | (c) The Authority shall provide notice to the General |
3 | | Assembly, the Department of Commerce and Economic Opportunity, |
4 | | and the Governor once the Authority enters into a commitment |
5 | | to support the financing of a project. The notice to the |
6 | | General Assembly shall be filed with the Clerk of the House of |
7 | | Representatives and the Secretary of the Senate, in electronic |
8 | | form only, in the manner that the Clerk and the Secretary shall |
9 | | direct. |
10 | | (Source: P.A. 98-750, eff. 1-1-15 .) |
11 | | Section 45. The Southern Illinois
Economic Development |
12 | | Authority
Act is amended by changing Sections 5-15, 5-20, and |
13 | | 5-75 and by adding Sections 5-26 and 5-27 as follows: |
14 | | (70 ILCS 519/5-15) |
15 | | Sec. 5-15. Definitions. In this Act:
|
16 | | "Authority" means the Southern Illinois Economic |
17 | | Development Authority.
|
18 | | "Authority leader" means the Executive Director, Assistant |
19 | | Executive Director, or any other person serving in a |
20 | | management, administrative, or leadership role at the |
21 | | Authority. |
22 | | "Governmental agency" means any federal, State, or local |
23 | | governmental body
and any agency or
instrumentality thereof, |
24 | | corporate or otherwise.
|
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1 | | "Person" means any natural person, firm, partnership, |
2 | | corporation, both
domestic and foreign,
company, association |
3 | | or joint stock association and includes any trustee,
receiver, |
4 | | assignee or personal
representative thereof.
|
5 | | "Restricted person" means a person who has a familial or |
6 | | business relationship with an Authority leader. |
7 | | "Revenue bond" means any bond issued by the Authority, the |
8 | | principal and
interest of which is payable
solely from |
9 | | revenues or income derived from any project or activity of the
|
10 | | Authority.
|
11 | | "Board" means the Board of Directors of the Southern |
12 | | Illinois Economic
Development Authority.
|
13 | | "Governor" means the Governor of the State of Illinois.
|
14 | | "City" means any city, village, incorporated town, or |
15 | | township within the
geographical territory of the
Authority.
|
16 | | "Industrial project" means the following:
|
17 | | (1) a capital project, including one or more buildings |
18 | | and other
structures, improvements,
machinery and |
19 | | equipment whether or not on the same site or sites now |
20 | | existing
or hereafter acquired,
suitable for use by any |
21 | | manufacturing, industrial, research, transportation or
|
22 | | commercial enterprise
including but not limited to use as |
23 | | a factory, mill, processing plant, assembly
plant, |
24 | | packaging plant,
fabricating plant, ethanol plant, office |
25 | | building, industrial distribution
center, warehouse,
|
26 | | repair, overhaul or service
facility, freight terminal, |
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1 | | research facility, test facility, railroad
facility, port |
2 | | facility, solid waste and wastewater
treatment and |
3 | | disposal sites and other pollution control facilities, |
4 | | resource
or waste reduction, recovery,
treatment and |
5 | | disposal facilities, and including also the sites thereof |
6 | | and
other rights in land therefore
whether improved or |
7 | | unimproved, site preparation and landscaping and all
|
8 | | appurtenances and facilities
incidental thereto such as |
9 | | utilities, access roads, railroad sidings, truck
docking |
10 | | and similar facilities,
parking facilities, dockage, |
11 | | wharfage, railroad roadbed, track, trestle, depot,
|
12 | | terminal, switching and
signaling equipment or related |
13 | | equipment and other improvements necessary or
convenient |
14 | | thereto; or
|
15 | | (2) any land, buildings, machinery or equipment |
16 | | comprising an addition to or
renovation,
rehabilitation or |
17 | | improvement of any existing capital project.
|
18 | | "Housing project" or "residential project" includes a |
19 | | specific work or improvement undertaken to provide dwelling |
20 | | accommodations, including the acquisition, construction or |
21 | | rehabilitation of lands, buildings and community facilities |
22 | | and in connection therewith to provide nonhousing facilities |
23 | | which are an integral part of a planned large-scale project or |
24 | | new community. |
25 | | "Commercial project" means any project, including, but not |
26 | | limited to, one or
more buildings and other
structures, |
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1 | | improvements, machinery, and equipment, whether or not on the |
2 | | same
site or sites now existing
or hereafter acquired, |
3 | | suitable for use by any retail or wholesale concern,
|
4 | | distributorship, or agency.
|
5 | | "Project" means an industrial, housing, residential, |
6 | | commercial, or service
project, or any combination
thereof, |
7 | | provided that all uses fall within one of the categories |
8 | | described
above. Any project automatically
includes all site |
9 | | improvements and new construction involving sidewalks,
sewers, |
10 | | solid waste and
wastewater treatment and disposal sites and |
11 | | other pollution control facilities,
resource or waste |
12 | | reduction,
recovery, treatment and disposal facilities, parks, |
13 | | open spaces, wildlife
sanctuaries, streets, highways, and
|
14 | | runways.
|
15 | | "Lease agreement" means an agreement in which a project |
16 | | acquired by the
Authority by purchase, gift,
or lease is |
17 | | leased to any person or corporation that will use, or cause the
|
18 | | project to be used, as a project,
upon terms providing for |
19 | | lease rental payments at least sufficient to pay, when due, |
20 | | all principal of and
interest and premium, if any, on any |
21 | | bonds, notes, or other evidences of indebtedness of the |
22 | | Authority,
issued with respect to the project, providing for |
23 | | the maintenance, insurance, and operation of the project on
|
24 | | terms satisfactory to the Authority and providing for |
25 | | disposition of the project upon termination of the lease
term, |
26 | | including purchase options or abandonment of the premises, |
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1 | | with other terms as may be deemed
desirable by the Authority.
|
2 | | "Loan agreement" means any agreement in which the |
3 | | Authority agrees to loan
the proceeds of its bonds,
notes, or |
4 | | other evidences of indebtedness, issued with respect to a |
5 | | project, to
any person or corporation
which will use or cause |
6 | | the project to be used as a project, upon terms
providing for |
7 | | loan repayment
installments at least sufficient to pay, when |
8 | | due, all principal of and
interest and premium, if any, on any
|
9 | | bonds, notes, or other evidences of indebtedness of the |
10 | | Authority issued with
respect to the project,
providing for |
11 | | maintenance, insurance, and operation of the project on terms
|
12 | | satisfactory to the Authority
and providing for other terms |
13 | | deemed advisable by the Authority.
|
14 | | "Financial aid" means the expenditure of Authority funds |
15 | | or funds provided by
the Authority for the
development, |
16 | | construction, acquisition or improvement of a project, through |
17 | | the
issuance of revenue bonds,
notes, or other evidences of |
18 | | indebtedness.
|
19 | | "Costs incurred in connection with
the development, |
20 | | construction, acquisition or improvement of a
project" means |
21 | | the following:
|
22 | | (1) the cost of purchase and construction of all lands |
23 | | and improvements in
connection therewith and
equipment and |
24 | | other property, rights, easements, and franchises acquired |
25 | | which
are deemed necessary for
the construction;
|
26 | | (2) financing charges;
|
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1 | | (3) interest costs with respect to bonds, notes, and |
2 | | other evidences of
indebtedness of the Authority
prior to |
3 | | and during construction and for a period of 6 months |
4 | | thereafter;
|
5 | | (4) engineering and legal expenses; and
|
6 | | (5) the costs of plans, specifications, surveys, and |
7 | | estimates of costs and
other expenses necessary or
|
8 | | incident to determining the feasibility or practicability |
9 | | of any project,
together with such other expenses as
may |
10 | | be necessary or incident to the financing, insuring, |
11 | | acquisition, and
construction of a specific project
and |
12 | | the placing of the same in operation.
|
13 | | (Source: P.A. 98-750, eff. 1-1-15 .) |
14 | | (70 ILCS 519/5-20)
|
15 | | Sec. 5-20. Creation.
|
16 | | (a) There is created a political subdivision, body |
17 | | politic, and municipal
corporation named the Southern
Illinois |
18 | | Economic Development Authority. The territorial jurisdiction |
19 | | of the
Authority is that geographic
area within the boundaries |
20 | | of the following counties: Franklin, Perry, Randolph, Jackson, |
21 | | Williamson, Saline, Gallatin, Union, Johnson, Pope, Hardin, |
22 | | Alexander, Pulaski, and Massac and any
navigable waters and
|
23 | | air space located therein.
|
24 | | (b) The governing and administrative powers of the |
25 | | Authority shall be vested
in a body consisting of 21
members as |
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1 | | follows:
|
2 | | (1) Ex officio member. The Director of Commerce and
|
3 | | Economic Opportunity, or
a designee of that Department, |
4 | | shall serve as an ex officio member.
|
5 | | (2) Public members. Six members shall be appointed by |
6 | | the Governor with the advice and
consent of the Senate. |
7 | | The county board chairmen of the following counties
shall |
8 | | each appoint one
member: Franklin, Perry, Randolph, |
9 | | Jackson, Williamson, Saline, Gallatin, Union, Johnson, |
10 | | Pope, Hardin, Alexander, Pulaski, and Massac. All public |
11 | | members shall reside within
the territorial
jurisdiction |
12 | | of the Authority.
The public members shall be persons of |
13 | | recognized ability and experience in one
or more of the |
14 | | following
areas: economic development, finance, banking, |
15 | | industrial development, state or
local government, |
16 | | commercial agriculture, small
business management, real
|
17 | | estate development, community development, venture |
18 | | finance, organized labor, or
civic or community
|
19 | | organization.
|
20 | | (c) 11 members shall constitute a quorum , and the Board |
21 | | may not meet or take any action without a quorum present .
|
22 | | (d) The chairman of the Authority shall be elected |
23 | | annually by the Board and must be a public member that resides |
24 | | within the territorial jurisdiction of the Authority.
|
25 | | (e) The terms of all initial members of the Authority |
26 | | shall begin 30 days
after the effective date of this
Act.
Of |
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1 | | the 6 original public members appointed by the Governor, 2
|
2 | | shall serve until the third Monday in January, 2007; 1 shall |
3 | | serve until the
third Monday in January, 2008; 1 shall serve |
4 | | until the third Monday in January,
2009; 1 shall serve until |
5 | | the third Monday in January, 2010; and 1 shall serve
until the |
6 | | third Monday in January, 2011. The initial terms of the |
7 | | original public members appointed by the county board chairmen |
8 | | shall be determined by lot, according to the following |
9 | | schedule: (i) 3 shall serve until the third Monday in January, |
10 | | 2007, (ii) 3 shall serve until the third Monday in January, |
11 | | 2008, (iii) 3 shall serve until the third Monday in January, |
12 | | 2009, (iv) 3 shall serve until the third Monday in January, |
13 | | 2010, and (v) 2 shall serve until the third Monday in January, |
14 | | 2011. All successors to these original
public
members shall be |
15 | | appointed by the original appointing authority and all |
16 | | appointments made by the Governor shall be made with the |
17 | | advice and consent of the Senate, pursuant to subsection (b), |
18 | | and shall hold office for a term of 6 years
commencing the |
19 | | third Monday in January of the year in which their term
|
20 | | commences, except in the case of an appointment to fill a |
21 | | vacancy.
Vacancies occurring among the public members shall be |
22 | | filled for the
remainder of the term. In case of
vacancy in a |
23 | | Governor-appointed membership when the Senate is not in |
24 | | session,
the Governor may make a
temporary appointment until |
25 | | the next meeting of the Senate when a person shall
be nominated |
26 | | to fill the
office and, upon confirmation by the Senate, he or |
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1 | | she shall hold office during
the remainder of the term
and |
2 | | until a successor is appointed and qualified. Members of the |
3 | | Authority are
not entitled to
compensation for their services |
4 | | as members but are entitled to reimbursement
for all necessary |
5 | | expenses
incurred in connection with the performance of their |
6 | | duties as members.
|
7 | | (f) The Governor may remove any public member of the |
8 | | Authority in case of
incompetence, neglect of
duty, or |
9 | | malfeasance in office. The chairman of a county board may |
10 | | remove any
public member appointed
by that chairman in the |
11 | | case of incompetence, neglect of duty, or malfeasance
in |
12 | | office.
|
13 | | (g) The Board shall appoint an Executive Director who |
14 | | shall have a
background in finance, including
familiarity with |
15 | | the legal and procedural requirements of issuing bonds, real
|
16 | | estate, or economic
development and administration. The |
17 | | Executive Director shall hold office at the
discretion of the |
18 | | Board.
The Executive Director shall be the chief |
19 | | administrative and operational
officer of the Authority, shall
|
20 | | direct and supervise its administrative affairs and general |
21 | | management, perform
such other duties as may
be prescribed |
22 | | from time to time by the members, and receive compensation |
23 | | fixed
by the Authority. The Department of Commerce and |
24 | | Community Affairs shall pay
the compensation of the Executive |
25 | | Director from appropriations received for
that purpose. The
|
26 | | Executive Director shall attend all meetings of the Authority. |
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1 | | However, no
action of the Authority shall be
invalid on |
2 | | account of the absence of the Executive Director from a |
3 | | meeting. The
Authority may engage
the services of
the Illinois |
4 | | Finance Authority, attorneys, appraisers, engineers, |
5 | | accountants,
credit analysts, and other consultants if the |
6 | | Southern Illinois Economic
Development Authority deems it |
7 | | advisable.
|
8 | | (Source: P.A. 94-1021, eff. 7-12-06.) |
9 | | (70 ILCS 519/5-26 new) |
10 | | Sec. 5-26. Requests for assistance; disclosure of economic |
11 | | interests. |
12 | | (a) The Authority may not hear a request for assistance |
13 | | from a restricted person. This prohibition extends to business |
14 | | relationships between a person who is an Authority leader |
15 | | within one year prior to the request for assistance and to any |
16 | | entity in which a restricted person holds or, within the past 2 |
17 | | years, held an ownership interest of 10% or more. |
18 | | (b) An Authority leader shall disclose and recuse himself |
19 | | or herself from matters relating to requests for assistance |
20 | | from an entity that is relocating full-time employees from |
21 | | another Authority's counties if (i) both Authorities contract |
22 | | with or employ the same Authority leader or (ii) there is or, |
23 | | within the past 2 years of the request, there was a business |
24 | | relationship between the Authority leaders at the 2 |
25 | | Authorities. |
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1 | | (c) The Board of the Authority shall vote to renew the |
2 | | appointment of the Executive Director and other Authority |
3 | | leaders on an annual basis. All contracts shall be approved on |
4 | | an annual basis and use a public process to solicit |
5 | | applications. This requirement does not apply to full-time |
6 | | employees of the Authority unless otherwise required by |
7 | | applicable State law or local ordinance. |
8 | | (d) Each Authority leader shall submit a statement of |
9 | | economic interest in accordance with Article 4A of the |
10 | | Illinois Governmental Ethics Act. Additionally, each Authority |
11 | | leader shall disclose to the Board outside sources of income |
12 | | and any business relationships in economic development |
13 | | consulting or lobbying. Reporting shall include the source of |
14 | | income, services provided, and timeline of when services were |
15 | | provided. If the source of income is a firm or organization |
16 | | with multiple clients, the report shall list all of the |
17 | | entities for which the individual provided services. |
18 | | (70 ILCS 519/5-27 new) |
19 | | Sec. 5-27. Open meetings; record disclosure. |
20 | | (a) The Authority is subject to the Open Meetings Act and |
21 | | the Freedom of Information Act. Documents subject to the |
22 | | Freedom of Information Act include, but are not limited to, |
23 | | expenses,
payroll, origination bonuses, and other financial |
24 | | details of the Authority. |
25 | | (b) A contract or agreement entered into by the Authority |
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1 | | must be posted on the Authority's website. The Authority shall |
2 | | provide a detailed report of the Authority's financial |
3 | | information on the Authority's website, including, but not |
4 | | limited to, a statement of profits and losses, balance sheet, |
5 | | and income statement of the Authority. |
6 | | (70 ILCS 519/5-75)
|
7 | | Sec. 5-75. Reports ; commitment notice . The Authority shall |
8 | | annually submit a report of its
finances to the Auditor |
9 | | General.
The Authority shall annually submit a report of its |
10 | | activities to the Governor
and to the General Assembly.
|
11 | | The Authority shall provide notice to the General |
12 | | Assembly, the Department of Commerce and Economic Opportunity, |
13 | | and the Governor once the Authority enters into a commitment |
14 | | to support the financing of a project. The notice to the |
15 | | General Assembly shall be filed with the Clerk of the House of |
16 | | Representatives and the Secretary of the Senate, in electronic |
17 | | form only, in the manner that the Clerk and the Secretary shall |
18 | | direct. |
19 | | (Source: P.A. 94-1021, eff. 7-12-06.) |
20 | | Section 50. The Southwestern Illinois Development |
21 | | Authority Act is amended by changing Sections 3, 4, 5, 8, and |
22 | | 11.1 and by adding Sections 5.1 and 6.1 as follows:
|
23 | | (70 ILCS 520/3) (from Ch. 85, par. 6153)
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1 | | Sec. 3. The following terms, whenever used or referred to |
2 | | in this
Act, shall have the following meanings, except in such |
3 | | instances where the
context may clearly indicate otherwise:
|
4 | | (a) "Authority" means the Southwestern Illinois |
5 | | Development Authority
created by this Act.
|
6 | | (a-5) "Authority leader" means the Executive Director, |
7 | | Assistant Executive Director, or any other person serving in a |
8 | | management, administrative, or leadership role at the |
9 | | Authority. |
10 | | (b) "Governmental agency" means any federal, State or |
11 | | local governmental
body, and any agency or instrumentality |
12 | | thereof, corporate or otherwise.
|
13 | | (c) "Person" means any natural person, firm, partnership, |
14 | | corporation,
both domestic and foreign, company, association |
15 | | or joint stock association
and includes any trustee, receiver, |
16 | | assignee or personal representative thereof.
|
17 | | (c-5) "Restricted person" means a person who has a |
18 | | familial or business relationship with an Authority leader. |
19 | | (d) "Revenue bond" means any bond issued by the Authority |
20 | | the principal
and interest of which is payable solely from |
21 | | revenues or income
derived from any project or activity of the |
22 | | Authority.
|
23 | | (e) "Board" means the Southwestern Illinois Development |
24 | | Authority Board of Directors.
|
25 | | (f) "Governor" means the Governor of the State of |
26 | | Illinois.
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1 | | (g) "City" means any city, village, incorporated town or |
2 | | township
within the geographical territory of the Authority.
|
3 | | (h) "Industrial project" means (1) a capital project, |
4 | | including one or
more buildings and other structures, |
5 | | improvements, machinery and equipment
whether or not on the |
6 | | same site or sites now existing or hereafter
acquired, |
7 | | suitable for use by any manufacturing, industrial, research,
|
8 | | transportation or commercial enterprise including but not |
9 | | limited to use
as a factory, mill, processing plant, assembly |
10 | | plant, packaging plant,
fabricating plant, office building, |
11 | | industrial distribution center,
warehouse, repair, overhaul or |
12 | | service facility, freight terminal, research
facility, test |
13 | | facility, railroad facility, solid waste and wastewater
|
14 | | treatment and disposal sites and other pollution control |
15 | | facilities,
resource or waste reduction, recovery, treatment |
16 | | and disposal facilities,
and including also the sites thereof |
17 | | and other rights in land therefor
whether improved or |
18 | | unimproved, site preparation and landscaping and all
|
19 | | appurtenances and facilities incidental thereto such as |
20 | | utilities, access
roads, railroad sidings, truck docking and |
21 | | similar facilities, parking
facilities, dockage, wharfage, |
22 | | railroad roadbed, track, trestle, depot,
terminal, switching |
23 | | and signaling equipment or related equipment and other
|
24 | | improvements necessary or convenient thereto; or (2) any land, |
25 | | buildings,
machinery or equipment comprising an addition to or |
26 | | renovation,
rehabilitation or improvement of any existing |
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1 | | capital project.
|
2 | | (i) "Housing project" or "residential project" includes a |
3 | | specific work
or improvement undertaken to provide dwelling |
4 | | accommodations, including the
acquisition, construction or |
5 | | rehabilitation of lands, buildings and
community facilities |
6 | | and in connection therewith to provide nonhousing
facilities |
7 | | which are an integral part of a planned large-scale project or |
8 | | new community.
|
9 | | (j) "Commercial project" means any project, including but |
10 | | not limited to
one or more buildings and other structures, |
11 | | improvements, machinery and
equipment whether or not on the |
12 | | same site or sites now existing or
hereafter acquired, |
13 | | suitable for use by any retail or wholesale concern,
|
14 | | distributorship or agency, any cultural facilities of a |
15 | | for-profit or
not-for-profit type including but not limited to |
16 | | educational, theatrical,
recreational and
entertainment, |
17 | | sports facilities, racetracks, stadiums, convention centers,
|
18 | | exhibition halls, arenas, opera houses and theaters, |
19 | | waterfront
improvements, swimming pools, boat storage, |
20 | | moorage, docking facilities,
restaurants, velodromes, |
21 | | coliseums, sports training facilities,
parking facilities, |
22 | | terminals, hotels and motels, gymnasiums, medical
facilities |
23 | | and port facilities.
|
24 | | (k) "Unit of local government" means a unit of local |
25 | | government, as
defined in Section 1 of Article VII of the |
26 | | Illinois Constitution, and any
local public entity as that |
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1 | | term is defined in the Local Governmental and
Governmental |
2 | | Employees Tort Immunity Act
and such unit of local government |
3 | | or local public entity is located
within the geographical |
4 | | territory of the Authority or, for the purposes of the Flood |
5 | | Prevention District Act, is located within Monroe County, |
6 | | Illinois.
|
7 | | (l) "Local government project" means a project or other |
8 | | undertaking that
is authorized or required by law to be |
9 | | acquired, constructed,
reconstructed, equipped, improved, |
10 | | rehabilitated, replaced, maintained, or
otherwise undertaken |
11 | | in any manner by a unit of local government.
|
12 | | (m) "Local government security" means a bond, note, or |
13 | | other evidence of
indebtedness that a unit of local government |
14 | | is legally authorized to issue
for the purpose of financing a |
15 | | public purpose project or to issue for any
other lawful public |
16 | | purpose under any provision of the Illinois
Constitution or |
17 | | laws of this State, whether the obligation is payable from
|
18 | | taxes or revenues, rates, charges, assessments, |
19 | | appropriations, grants, or
any other lawful source or |
20 | | combination thereof, and specifically includes,
without |
21 | | limitation, obligations under any lease or lease purchase |
22 | | agreement
lawfully entered into by the unit of local
|
23 | | government for the acquisition or use of facilities or |
24 | | equipment.
|
25 | | (n) "Project" means an industrial, housing, residential,
|
26 | | commercial, local government, or
service project or any |
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1 | | combination thereof provided that all uses shall
fall within |
2 | | one of the categories described above. Any project, of any
|
3 | | nature whatsoever, shall automatically include all site |
4 | | improvements and
new construction involving sidewalks, sewers, |
5 | | solid waste and wastewater
treatment and disposal sites and |
6 | | other pollution control facilities,
resource or waste |
7 | | reduction, recovery, treatment and disposal facilities,
parks, |
8 | | open spaces, wildlife sanctuaries, streets, highways and |
9 | | runways.
|
10 | | (o) "Lease agreement" shall mean an agreement whereby
a |
11 | | project acquired
by the Authority by purchase, gift or lease |
12 | | is leased to any person or
corporation which will use or cause |
13 | | the project to be used as a project as
heretofore defined upon |
14 | | terms providing for lease rental payments at least
sufficient |
15 | | to pay when due all principal of and interest and premium, if |
16 | | any,
on any bonds, notes or other evidences of indebtedness of |
17 | | the Authority
issued with respect to such project, providing |
18 | | for the maintenance,
insurance and operation of the project on |
19 | | terms satisfactory to the
Authority and providing for |
20 | | disposition of the project upon termination of
the lease term, |
21 | | including purchase options or abandonment of the premises,
|
22 | | with such other terms as may be deemed desirable by the |
23 | | Authority.
|
24 | | (p) "Loan agreement" means any agreement pursuant to which |
25 | | the Authority
agrees to loan the proceeds of its bonds, notes |
26 | | or other evidences of
indebtedness issued with respect to a |
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1 | | project to any person or corporation
which will use or cause |
2 | | the project to be used as a project as heretofore
defined upon |
3 | | terms providing for loan repayment installments at least
|
4 | | sufficient to pay when due all principal of and interest and |
5 | | premium, if any,
on any bonds, notes or other evidences of |
6 | | indebtedness of the Authority
issued with respect to the |
7 | | project, providing for maintenance,
insurance and operation of |
8 | | the project on terms satisfactory to the
Authority and |
9 | | providing for other matters as may be deemed advisable by the |
10 | | Authority.
|
11 | | (q) "Financial aid" means the expenditure of Authority |
12 | | funds or funds
provided by the Authority through the issuance |
13 | | of its revenue bonds, notes
or other evidences of indebtedness |
14 | | for the development, construction,
acquisition or improvement |
15 | | of a project.
|
16 | | (r) "Costs incurred in connection with the development, |
17 | | construction,
acquisition or improvement of a project" means |
18 | | the following: the cost of
purchase and construction of all |
19 | | lands and improvements in connection
therewith and equipment |
20 | | and other property, rights, easements and franchises
acquired |
21 | | which are deemed necessary for such construction; financing
|
22 | | charges; interest costs with respect to bonds, notes and other |
23 | | evidences of
indebtedness of the Authority prior to and during |
24 | | construction and for a
period of 6 months thereafter; |
25 | | engineering and legal expenses; the costs of plans,
|
26 | | specifications, surveys and estimates of costs and other |
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1 | | expenses necessary or
incident to determining the feasibility |
2 | | or practicability of any project,
together with such other |
3 | | expenses as may be necessary or incident to the
financing, |
4 | | insuring, acquisition and construction of a specific project |
5 | | and
the placing of the same in operation.
|
6 | | (s) "Terminal" means a public place, station or depot for |
7 | | receiving and
delivering passengers, baggage, mail, freight or |
8 | | express matter and any
combination thereof in connection with |
9 | | the transportation of
persons and property on water or land or |
10 | | in the air.
|
11 | | (t) "Terminal facilities" means all land, buildings, |
12 | | structures,
improvements, equipment and appliances useful in |
13 | | the operation of public
warehouse, storage and transportation |
14 | | facilities and industrial,
manufacturing or commercial |
15 | | activities for the accommodation of or in
connection with |
16 | | commerce by water or land or in the air or useful as an
aid, or |
17 | | constituting an advantage or convenience to, the safe landing,
|
18 | | taking off and navigation of aircraft or the safe and |
19 | | efficient operation
or maintenance of a public airport.
|
20 | | (u) "Port facilities" means all public structures, except |
21 | | terminal
facilities as defined herein, that are in, over, |
22 | | under or adjacent to
navigable waters and are necessary for or |
23 | | incident to the furtherance of
water commerce and includes the |
24 | | widening and deepening of slips, harbors
and navigable waters.
|
25 | | (v) "Airport" means any locality, either land or water, |
26 | | which is used or
designed for the landing and taking off of |
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1 | | aircraft or for the location of
runways, landing fields, |
2 | | aerodromes, hangars, buildings, structures,
airport roadways |
3 | | and other facilities.
|
4 | | (Source: P.A. 95-723, eff. 6-23-08.)
|
5 | | (70 ILCS 520/4) (from Ch. 85, par. 6154)
|
6 | | Sec. 4. (a) There is hereby created a political |
7 | | subdivision, body politic
and municipal corporation named the |
8 | | Southwestern Illinois Development
Authority.
The territorial |
9 | | jurisdiction of the Authority is that geographic area
within |
10 | | the boundaries of Madison,
St. Clair, Bond, and Clinton , and |
11 | | Monroe
counties in the State of
Illinois and any navigable |
12 | | waters and air space located therein.
|
13 | | (b) The governing and administrative powers of the |
14 | | Authority shall be
vested in a body consisting of 15 voting 14
|
15 | | members including, as ex officio
members,
the Director of |
16 | | Commerce and Economic Opportunity, or his or her
designee, and |
17 | | the Secretary of Transportation,
or his or her designee.
The |
18 | | other 13 voting 12
members of the Authority
shall be |
19 | | designated "public members", 6 of whom shall be appointed by |
20 | | the
Governor
with the advice and consent of the Senate, 2 of |
21 | | whom shall be appointed by
the county board chairman of |
22 | | Madison County,
2 of whom shall be
appointed by the county |
23 | | board chairman of St. Clair County, one of whom
shall be |
24 | | appointed by the county board chairman of Bond County, and one |
25 | | of whom
shall be appointed by the county board chairman of |
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1 | | Clinton County , and one of whom shall be appointed by the |
2 | | county board chairman of Monroe County . All
public members |
3 | | shall reside within the territorial jurisdiction of this Act.
|
4 | | Eight voting members shall constitute a quorum , and the Board |
5 | | may not meet or take any action without a quorum present .
The |
6 | | public members shall be
persons of recognized ability and
|
7 | | experience in one or more of the following areas: economic |
8 | | development,
finance, banking, industrial development, small |
9 | | business management, real
estate development, community |
10 | | development, venture finance, organized labor
or civic, |
11 | | community or neighborhood organization. The Chairman of the
|
12 | | Authority shall be elected by the Board annually from the |
13 | | voting members
appointed by the county board chairmen .
|
14 | | (c) Except as otherwise provided in this subsection, the |
15 | | The terms of all members of the Authority shall begin 30 days |
16 | | after
the effective date of this Act. Of the 8 public members
|
17 | | initially appointed pursuant to this Act, 3 shall serve until |
18 | | the
third Monday in January, 1988, 3 shall serve until the |
19 | | third Monday in
January, 1989, and 2
shall serve until the |
20 | | third Monday in January, 1990.
The public members initially |
21 | | appointed under this amendatory Act of the 94th General |
22 | | Assembly shall serve until the third Monday in January, 2008. |
23 | | The member initially appointed pursuant to this amendatory Act |
24 | | of the 103rd General Assembly by the county board chairman of |
25 | | Monroe County shall serve until the third Monday in January |
26 | | 2026. All successors shall be appointed by the original |
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1 | | appointing authority and
hold office for a term of 3 years |
2 | | commencing the third
Monday in January of the year in which |
3 | | their term commences, except in case
of an appointment to fill |
4 | | a vacancy.
Vacancies
occurring among the public members shall |
5 | | be filled for the
remainder of the term.
In case of vacancy in |
6 | | a Governor-appointed membership when
the Senate is not in |
7 | | session, the Governor may make a temporary appointment
until |
8 | | the next meeting of the Senate when a person shall be nominated |
9 | | to
fill such office, and any person so nominated who is |
10 | | confirmed by the
Senate shall hold office during the remainder |
11 | | of the term and until a
successor shall be appointed and |
12 | | qualified.
Members of the Authority shall not be entitled to |
13 | | compensation for their services
as members but shall be |
14 | | entitled to reimbursement for all necessary
expenses incurred |
15 | | in connection with the performance of their duties as members.
|
16 | | (d) The Governor may remove any public member of the |
17 | | Authority in case
of incompetency, neglect of duty, or |
18 | | malfeasance in office.
|
19 | | (e) The Board shall appoint an Executive Director who |
20 | | shall have a
background in finance, including familiarity with |
21 | | the legal and
procedural requirements of issuing bonds, real |
22 | | estate or economic
development and administration. The |
23 | | Executive Director shall hold office
at the discretion of the |
24 | | Board. The Executive Director shall be the chief
|
25 | | administrative and operational officer of the Authority, shall |
26 | | direct
and supervise its administrative affairs and general |
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1 | | management, shall perform
such other duties as may be |
2 | | prescribed from time to time by the members and
shall receive |
3 | | compensation fixed by the Authority. The Executive Director
|
4 | | shall attend all meetings of the Authority; however, no action |
5 | | of the
Authority shall be invalid on account of the absence of |
6 | | the Executive
Director from a meeting. The Authority may |
7 | | engage the services of such
other agents and employees, |
8 | | including attorneys, appraisers, engineers,
accountants, |
9 | | credit analysts and other consultants, as it may deem
|
10 | | advisable and may prescribe their duties and fix their |
11 | | compensation.
|
12 | | (f) The Board may, by majority vote, nominate up to 4 |
13 | | non-voting members
for appointment by the Governor. Non-voting |
14 | | members shall be persons of
recognized ability and experience |
15 | | in one or more of the following areas:
economic development, |
16 | | finance, banking, industrial development, small
business |
17 | | management, real estate development, community development, |
18 | | venture finance,
organized labor , or civic, community , or |
19 | | neighborhood organization.
Non-voting members shall serve at |
20 | | the
pleasure of the Board. All non-voting members may attend |
21 | | meetings of the
Board and shall be reimbursed as provided in |
22 | | subsection (c).
|
23 | | (g) The Board shall create a task force to study and make
|
24 | | recommendations to the Board on the economic development of |
25 | | the city of
East St. Louis and on the economic development of |
26 | | the riverfront within the
territorial jurisdiction of this |
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1 | | Act. The members of the task force shall
reside within the |
2 | | territorial jurisdiction of this Act, shall serve at the
|
3 | | pleasure of the Board and shall be persons of recognized |
4 | | ability and
experience in one or more of the following areas: |
5 | | economic development,
finance, banking, industrial |
6 | | development, small business management, real
estate |
7 | | development, community development, venture finance, organized |
8 | | labor
or civic, community or neighborhood organization. The |
9 | | number of members
constituting the task force shall be set by |
10 | | the Board and may vary from
time to time. The Board may set a |
11 | | specific date by which the task force is
to submit its final |
12 | | report and recommendations to the Board.
|
13 | | (Source: P.A. 96-443, eff. 8-14-09.)
|
14 | | (70 ILCS 520/5) (from Ch. 85, par. 6155)
|
15 | | Sec. 5. All official acts of the Authority shall require |
16 | | the approval
of at least 8 voting members. It shall be the duty |
17 | | of the Authority to promote
development within the geographic |
18 | | confines of Madison, Bond, Clinton, and St. Clair , and Monroe
|
19 | | counties. The Authority shall use the powers herein
conferred |
20 | | upon it to assist in the development, construction and
|
21 | | acquisition of industrial, commercial, housing or residential |
22 | | projects
within Madison, Bond, Clinton, and St. Clair , and |
23 | | Monroe counties.
|
24 | | (Source: P.A. 94-1096, eff. 6-1-07 .)
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1 | | (70 ILCS 520/5.1 new) |
2 | | Sec. 5.1. Open meetings; record disclosure. |
3 | | (a) The Authority is subject to the Open Meetings Act and |
4 | | the Freedom of Information Act. Documents subject to the |
5 | | Freedom of Information Act include, but are not limited to, |
6 | | expenses,
payroll, origination bonuses, and other financial |
7 | | details of the Authority. |
8 | | (b) A contract or agreement entered into by the Authority |
9 | | must be posted on the Authority's website. The Authority shall |
10 | | provide a detailed report of the Authority's financial |
11 | | information on the Authority's website, including, but not |
12 | | limited to, a statement of profits and losses, balance sheet, |
13 | | and income statement of the Authority. |
14 | | (70 ILCS 520/6.1 new) |
15 | | Sec. 6.1. Commitment notice. The Authority shall provide |
16 | | notice to the General Assembly, the Department of Commerce and |
17 | | Economic Opportunity, and the Governor once the Authority |
18 | | enters into a commitment to support the financing of a |
19 | | project. The notice to the General Assembly shall be filed |
20 | | with the Clerk of the House of Representatives and the |
21 | | Secretary of the Senate, in electronic form only, in the |
22 | | manner that the Clerk and the Secretary shall direct.
|
23 | | (70 ILCS 520/8) (from Ch. 85, par. 6158)
|
24 | | Sec. 8. (a) The Authority may, but need not, acquire title |
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1 | | to any
project with respect to which it exercises its |
2 | | authority.
|
3 | | (b) The Authority shall have power to acquire by purchase, |
4 | | lease, gift or
otherwise any property or rights therein from |
5 | | any person or persons, the
State of Illinois, any municipal |
6 | | corporation, any local unit of government, the
government of |
7 | | the United States and any agency or instrumentality of the
|
8 | | United States, any body politic or any county useful for its |
9 | | purposes, whether
improved for the purposes of any prospective |
10 | | project or unimproved. The
Authority may also accept any |
11 | | donation of funds for its purposes from any
such source. The |
12 | | Authority may acquire any real property, or rights
therein, |
13 | | upon condemnation. The acquisition by eminent domain of such |
14 | | real
property or any interest therein by the Authority shall |
15 | | be in the manner
provided by the Eminent Domain Act,
including |
16 | | Article 20 thereof (quick-take power).
|
17 | | The Authority shall not exercise any quick-take eminent |
18 | | domain powers
granted by State law within the corporate limits |
19 | | of a municipality unless the
governing authority of the |
20 | | municipality authorizes the Authority to do so. The
Authority |
21 | | shall not exercise any quick-take eminent domain powers |
22 | | granted by
State law within the unincorporated areas of a |
23 | | county unless the county board
authorizes the Authority to do |
24 | | so.
|
25 | | (c) The Authority shall have power to develop, construct |
26 | | and improve,
either under its own direction or through |
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1 | | collaboration with any approved
applicant, or to acquire |
2 | | through purchase or otherwise any project, using
for such |
3 | | purpose the proceeds derived from its sale of revenue bonds, |
4 | | notes
or other evidences of indebtedness or governmental loans |
5 | | or grants and to
hold title in the name of the Authority to |
6 | | such projects.
|
7 | | (d) The Authority shall have the power to enter into |
8 | | intergovernmental
agreements with the State of Illinois, the |
9 | | counties of Bond, Clinton, Madison , Monroe, and or
St. Clair, |
10 | | the Southwest Regional Port District, the Illinois
Finance |
11 | | Authority, the Illinois Housing Development Authority, the |
12 | | Metropolitan
Pier and
Exposition Authority, the United States |
13 | | government and any agency or
instrumentality of the United |
14 | | States, the city of East St. Louis, any unit
of local |
15 | | government located within the territory of the Authority or |
16 | | any
other unit of government to the extent allowed by Article |
17 | | VII, Section 10
of the Illinois Constitution and the |
18 | | Intergovernmental Cooperation Act.
|
19 | | (e) The Authority shall have the power to share employees |
20 | | with other units
of government, including agencies of the |
21 | | United States, agencies of the
State of Illinois and agencies |
22 | | or personnel of any unit of local government.
|
23 | | (f) The Authority shall have the power to exercise powers |
24 | | and issue
bonds as if it were a municipality so authorized in |
25 | | Divisions 12.1, 74,
74.1, 74.3 and 74.5 of Article 11 of the |
26 | | Illinois Municipal Code.
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1 | | (Source: P.A. 93-205, eff. 1-1-04; 94-1055, eff. 1-1-07.)
|
2 | | (70 ILCS 520/11.1) (from Ch. 85, par. 6161.1)
|
3 | | Sec. 11.1.
(a) No member of the Authority or officer, |
4 | | agent, or
employee of the Authority shall, in his or her own |
5 | | name or in the name of a
nominee, be an officer or director of |
6 | | or hold an ownership of more than
7.5% in any person, |
7 | | association, trust, corporation, partnership, or other
entity |
8 | | that is, in its own name or in the name of a nominee, a party |
9 | | to a
contract or agreement upon which the member, officer, |
10 | | agent, or employee
may be called upon to act or vote.
|
11 | | (b) With respect to any direct or any indirect interest, |
12 | | other than an
interest prohibited in subsection (a), in a |
13 | | contract or agreement upon
which the member, officer, agent, |
14 | | or employee may be called upon to act or
vote, the member, |
15 | | officer, agent, or employee shall disclose that interest
to |
16 | | the secretary of the Authority before the taking of final |
17 | | action by the
Authority concerning that contract or agreement |
18 | | and shall also disclose the
nature and extent of that interest |
19 | | and his or her acquisition of that
interest, which disclosures |
20 | | shall be publicly acknowledged by the Authority
and entered |
21 | | upon the minutes of the Authority. If a member of the
Authority |
22 | | or an officer, agent, or employee of the Authority holds such |
23 | | an
interest, then he or she shall refrain from any further |
24 | | official
involvement in regard to the contract or agreement, |
25 | | from voting on any
matter pertaining to the contract or
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1 | | agreement, and from communicating with other members of the |
2 | | Authority or
its officers, agents, and employees concerning |
3 | | the contract or agreement.
Notwithstanding any other provision |
4 | | of law, any contract or agreement
entered into in conformity |
5 | | with this subsection (b) shall not be void or
invalid by reason |
6 | | of an interest described in this subsection, nor shall
any |
7 | | person so disclosing the interest and refraining from further |
8 | | official
involvement as provided in this subsection be guilty |
9 | | of an offense, be
removed from office, or be subject to any |
10 | | other penalty on account of that interest.
|
11 | | (c) Any contract or agreement made in violation of |
12 | | subsection (a) or (b)
is void and gives rise to no action |
13 | | against the Authority.
|
14 | | (d) The Authority may not hear a request for assistance |
15 | | from a restricted person. This prohibition extends to business |
16 | | relationships between a person who is an Authority leader |
17 | | within one year prior to the request for assistance and to any |
18 | | entity in which a restricted person holds or, within the past 2 |
19 | | years, held an ownership interest of 10% or more. |
20 | | (e) An Authority leader shall disclose and recuse himself |
21 | | or herself from matters relating to requests for assistance |
22 | | from an entity that is relocating full-time employees from |
23 | | another Authority's counties if (i) both Authorities contract |
24 | | with or employ the same Authority leader or (ii) there is or, |
25 | | within the past 2 years of the request, there was a business |
26 | | relationship between the Authority leaders at the 2 |
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1 | | Authorities. |
2 | | (f) The Board of the Authority shall vote to renew the |
3 | | appointment of the Executive Director and other Authority |
4 | | leaders on an annual basis. All contracts shall be approved on |
5 | | an annual basis and use a public process to solicit |
6 | | applications. This requirement does not apply to full-time |
7 | | employees of the Authority unless otherwise required by |
8 | | applicable State law or local ordinance. |
9 | | (g) Each Authority leader shall submit a statement of |
10 | | economic interest in accordance with Article 4A of the |
11 | | Illinois Governmental Ethics Act. Additionally, each Authority |
12 | | leader shall disclose to the Board outside sources of income |
13 | | and any business relationships in economic development |
14 | | consulting or lobbying. Reporting shall include the source of |
15 | | income, services provided, and timeline of when services were |
16 | | provided. If the source of income is a firm or organization |
17 | | with multiple clients, the report shall list all of the |
18 | | entities for which the individual provided services. |
19 | | (Source: P.A. 86-1455.)
|
20 | | Section 55. The Tri-County River Valley Development |
21 | | Authority Law is amended by changing Sections 2003, 2004, |
22 | | 2008, and 2013 and by adding Sections 2005.1 and 2005.2 as |
23 | | follows:
|
24 | | (70 ILCS 525/2003) (from Ch. 85, par. 7503)
|
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1 | | Sec. 2003. Definitions. The following terms, whenever used |
2 | | or referred
to in this Article, shall have the following |
3 | | meanings, except in such
instances where the context may |
4 | | clearly indicate otherwise:
|
5 | | (a) "Authority" means the Tri-County River Valley |
6 | | Development Authority
created by this Article.
|
7 | | (a-5) "Authority leader" means the Executive Director, |
8 | | Assistant Executive Director, or any other person serving in a |
9 | | management, administrative, or leadership role at the |
10 | | Authority. |
11 | | (b) "Governmental agency" means any federal, State or |
12 | | local governmental
body, and any agency or instrumentality |
13 | | thereof, corporate or otherwise.
|
14 | | (c) "Person" means any natural person, firm, partnership, |
15 | | corporation,
both domestic and foreign, company, association |
16 | | or joint stock association
and includes any trustee, receiver, |
17 | | assignee or personal representative
thereof.
|
18 | | (c-5) "Restricted person" means a person who has a |
19 | | familial or business relationship with an Authority leader. |
20 | | (d) "Revenue bond" means any bond issued by the Authority |
21 | | the principal
and interest of which is payable solely from |
22 | | revenues or income
derived from any project or activity of the |
23 | | Authority.
|
24 | | (e) "Board" means the Tri-County River Valley Development |
25 | | Authority
Board of Directors.
|
26 | | (f) "Governor" means the Governor of the State of |
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1 | | Illinois.
|
2 | | (g) "City" means any city, village, incorporated town or |
3 | | township
within the geographical territory of the Authority.
|
4 | | (h) "Industrial project" means (1) a capital project, |
5 | | including one or
more buildings and other structures, |
6 | | improvements, machinery and equipment
whether or not on the |
7 | | same site or sites now existing or hereafter
acquired, |
8 | | suitable for use by any manufacturing, industrial, research,
|
9 | | transportation or commercial enterprise including but not |
10 | | limited to use
as a factory, mill, processing plant, assembly |
11 | | plant, packaging plant,
fabricating plant, office building, |
12 | | industrial distribution center,
warehouse, repair, overhaul or |
13 | | service facility, freight terminal, research
facility, test |
14 | | facility, railroad facility, solid waste and wastewater
|
15 | | treatment and disposal sites and other pollution control |
16 | | facilities,
resource or waste reduction, recovery, treatment |
17 | | and disposal facilities,
and including also the sites thereof |
18 | | and other rights in land therefor
whether improved or |
19 | | unimproved, site preparation and landscaping and all
|
20 | | appurtenances and facilities incidental thereto such as |
21 | | utilities, access
roads, railroad sidings, truck docking and |
22 | | similar facilities, parking
facilities, dockage, wharfage, |
23 | | railroad roadbed, track, trestle, depot,
terminal, switching |
24 | | and signaling equipment or related equipment and other
|
25 | | improvements necessary or convenient thereto; or (2) any land, |
26 | | buildings,
machinery or equipment comprising an addition to or |
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1 | | renovation,
rehabilitation or improvement of any existing |
2 | | capital project.
|
3 | | (i) "Housing project" or "residential project" includes a |
4 | | specific work
or improvement undertaken to provide dwelling |
5 | | accommodations, including the
acquisition, construction or |
6 | | rehabilitation of lands, buildings and
community facilities |
7 | | and in connection therewith to provide nonhousing
facilities |
8 | | which are an integral part of a planned large-scale project or
|
9 | | new community.
|
10 | | (j) "Commercial project" means any project, including but |
11 | | not limited to
one or more buildings and other structures, |
12 | | improvements, machinery and
equipment whether or not on the |
13 | | same site or sites now existing or
hereafter acquired, |
14 | | suitable for use by any retail or wholesale concern,
|
15 | | distributorship or agency, any cultural facilities of a |
16 | | for-profit or
not-for-profit type including but not limited to |
17 | | educational, theatrical,
recreational and entertainment, |
18 | | sports facilities, racetracks, stadiums,
convention centers, |
19 | | exhibition halls, arenas, opera houses and theaters,
|
20 | | waterfront improvements, swimming pools, boat storage, |
21 | | moorage, docking
facilities, restaurants, velodromes, |
22 | | coliseums, sports training facilities,
parking facilities, |
23 | | terminals, hotels and motels, gymnasiums, medical
facilities |
24 | | and port facilities.
|
25 | | (k) "Project" means an industrial, housing, residential, |
26 | | commercial or
service project or any combination thereof |
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1 | | provided that all uses shall
fall within one of the categories |
2 | | described above. Any project, of any
nature whatsoever, shall |
3 | | automatically include all site improvements and
new |
4 | | construction involving sidewalks, sewers, solid waste and |
5 | | wastewater
treatment and disposal sites and other pollution |
6 | | control facilities,
resource or waste reduction, recovery, |
7 | | treatment and disposal facilities,
parks, open spaces, |
8 | | wildlife sanctuaries, streets, highways and runways.
|
9 | | (l) "Lease agreement" shall mean an agreement whereby a |
10 | | project acquired
by the Authority by purchase, gift or lease |
11 | | is leased to any person or
corporation which will use or cause |
12 | | the project to be used as a project as
heretofore defined upon |
13 | | terms providing for lease rental payments at least
sufficient |
14 | | to pay when due all principal of and interest and premium, if |
15 | | any,
on any bonds, notes or other evidences of indebtedness of |
16 | | the Authority
issued with respect to such project, providing |
17 | | for the maintenance,
insurance and operation of the project on |
18 | | terms satisfactory to the
Authority and providing for |
19 | | disposition of the project upon termination of
the lease term, |
20 | | including purchase options or abandonment of the premises,
|
21 | | with such other terms as may be deemed desirable by the |
22 | | Authority.
|
23 | | (m) "Loan agreement" means any agreement pursuant to which |
24 | | the Authority
agrees to loan the proceeds of its bonds, notes |
25 | | or other evidences of
indebtedness issued with respect to a |
26 | | project to any person or corporation
which will use or cause |
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1 | | the project to be used as a project as heretofore
defined upon |
2 | | terms providing for loan repayment installments at least
|
3 | | sufficient to pay when due all principal of and interest and |
4 | | premium, if any,
on any bonds, notes or other evidences of |
5 | | indebtedness of the Authority
issued with respect to the |
6 | | project, providing for maintenance, insurance
and operation of |
7 | | the project on terms satisfactory to the Authority and
|
8 | | providing for other matters as may be deemed advisable by the |
9 | | Authority.
|
10 | | (n) "Financial aid" means the expenditure of Authority |
11 | | funds or funds
provided by the Authority through the issuance |
12 | | of its revenue bonds, notes
or other evidences of indebtedness |
13 | | for the development, construction,
acquisition or improvement |
14 | | of a project.
|
15 | | (o) "Costs incurred in connection with the development, |
16 | | construction,
acquisition or improvement of a project" means |
17 | | the following: the cost of
purchase and construction of all |
18 | | lands and improvements in connection
therewith and equipment |
19 | | and other property, rights, easements and franchises
acquired |
20 | | which are deemed necessary for such construction; financing
|
21 | | charges; interest costs with respect to bonds, notes and other |
22 | | evidences of
indebtedness of the Authority prior to and during |
23 | | construction and for a
period of 6 months thereafter; |
24 | | engineering and legal expenses; the costs of plans,
|
25 | | specifications, surveys and estimates of costs and other |
26 | | expenses necessary or
incident to determining the feasibility |
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1 | | or practicability of any project,
together with such other |
2 | | expenses as may be necessary or incident to the
financing, |
3 | | insuring, acquisition and construction of a specific project |
4 | | and
the placing of the same in operation.
|
5 | | (p) "Terminal" means a public place, station or depot for |
6 | | receiving and
delivering passengers, baggage, mail, freight or |
7 | | express matter and any
combination thereof in connection with |
8 | | the transportation of
persons and property on water or land or |
9 | | in the air.
|
10 | | (q) "Terminal facilities" means all land, buildings, |
11 | | structures,
improvements, equipment and appliances useful in |
12 | | the operation of public
warehouse, storage and transportation |
13 | | facilities and industrial,
manufacturing or commercial |
14 | | activities for the accommodation of or in
connection with |
15 | | commerce by water or land or in the air or useful as an
aid, or |
16 | | constituting an advantage or convenience to, the safe landing,
|
17 | | taking off and navigation of aircraft or the safe and |
18 | | efficient operation
or maintenance of a public airport.
|
19 | | (r) "Port facilities" means all public structures, except |
20 | | terminal
facilities as defined herein, that are in, over, |
21 | | under or adjacent to
navigable waters and are necessary for or |
22 | | incident to the furtherance of
water commerce and includes the |
23 | | widening and deepening of slips, harbors
and navigable waters.
|
24 | | (s) "Airport" means any locality, either land or water, |
25 | | which is used or
designed for the landing and taking off of |
26 | | aircraft or for the location of
runways, landing fields, |
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1 | | aerodromes, hangars, buildings, structures,
airport roadways |
2 | | and other facilities.
|
3 | | (Source: P.A. 86-1489.)
|
4 | | (70 ILCS 525/2004) (from Ch. 85, par. 7504)
|
5 | | Sec. 2004. Establishment.
|
6 | | (a) There is hereby created a political subdivision, body |
7 | | politic
and municipal corporation named the Tri-County River |
8 | | Valley Development
Authority. The territorial jurisdiction of |
9 | | the Authority is that geographic
area within the boundaries of |
10 | | McLean, Peoria, Tazewell , and Woodford counties in the
State |
11 | | of Illinois and any navigable waters and air space located |
12 | | therein.
|
13 | | (b) The governing and administrative powers of the |
14 | | Authority shall be
vested in a body consisting of 13 11 members |
15 | | including, as ex officio members,
the Director of Commerce and
|
16 | | Economic Opportunity, or his or her designee, and
the Director |
17 | | of Natural Resources, or
that Director's designee. The other |
18 | | 11 9 members of the
Authority shall be designated
"public |
19 | | members", 3 of whom shall be appointed by the Governor, 3 of |
20 | | whom shall
be appointed one each by the county board chairmen |
21 | | of Peoria, Tazewell and
Woodford counties and 5 3 of whom shall |
22 | | be appointed one each by the city
councils of Bloomington, |
23 | | East
Peoria, Normal, Pekin , and Peoria. All public members |
24 | | shall reside within the
territorial jurisdiction of this Act. |
25 | | Seven Six members shall constitute a quorum , and the Board may |
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1 | | not meet or take any action without a quorum present .
The |
2 | | public members shall be persons of recognized ability and |
3 | | experience in one
or more of the following areas: economic |
4 | | development, finance, banking,
industrial development, small |
5 | | business management, real estate development,
community |
6 | | development, venture finance, organized labor or civic, |
7 | | community or
neighborhood organization. The Chairman of the
|
8 | | Authority shall be elected by the Board annually from the 8 6 |
9 | | members appointed
by the county board chairmen and city |
10 | | councils.
|
11 | | (c) The terms of all members of the Authority shall begin |
12 | | 30 days after
the effective date of this Article. Of the 9 |
13 | | public members appointed
pursuant to this Act, 3 shall serve |
14 | | until the third Monday in January 1992,
3 shall serve until the |
15 | | third Monday in January 1993, and 3 shall serve
until the third |
16 | | Monday in January 1994. All successors shall be appointed
by |
17 | | the original appointing authority and hold office for a term |
18 | | of 3 years
commencing the third Monday in January of the year |
19 | | in which their term
commences, except in case of an |
20 | | appointment to fill a vacancy.
The initial member appointed by |
21 | | the city council of Bloomington shall serve until the third |
22 | | Monday in January 2025. The initial member appointed by the |
23 | | city council of Normal shall serve until the third Monday in |
24 | | January 2026. Vacancies occurring among the public members |
25 | | shall be filled for the
remainder of the term. In case of |
26 | | vacancy in a Governor-appointed
membership when the Senate is |
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1 | | not in session, the Governor may make a
temporary appointment |
2 | | until the next meeting of the Senate when a person
shall be |
3 | | nominated to fill such office, and any person so nominated who |
4 | | is
confirmed by the Senate shall hold office during the |
5 | | remainder of the term
and until a successor shall be appointed |
6 | | and qualified. Members of the
Authority shall not be entitled |
7 | | to compensation for their services as
members but may be |
8 | | reimbursed for all necessary expenses incurred in
connection |
9 | | with the performance of their duties as members.
|
10 | | (d) The Governor may remove any public member of the |
11 | | Authority in case
of incompetency, neglect of duty, or |
12 | | malfeasance in office.
|
13 | | (e) The Board may appoint an Executive Director who shall |
14 | | have a
background in finance, including familiarity with the |
15 | | legal and
procedural requirements of issuing bonds, real |
16 | | estate or economic
development and administration. The |
17 | | Executive Director shall hold office
at the discretion of the |
18 | | Board. The Executive Director shall be the chief
|
19 | | administrative and operational officer of the Authority, shall |
20 | | direct
and supervise its administrative affairs and general |
21 | | management, shall perform
such other duties as may be |
22 | | prescribed from time to time by the members and
shall receive |
23 | | compensation fixed by the Authority. The Executive Director
|
24 | | shall attend all meetings of the Authority; however, no action |
25 | | of the
Authority shall be invalid on account of the absence of |
26 | | the Executive
Director from a meeting. The Authority may |
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1 | | engage the services of such
other agents and employees, |
2 | | including attorneys, appraisers, engineers,
accountants, |
3 | | credit analysts and other consultants, as it may deem
|
4 | | advisable and may prescribe their duties and fix their |
5 | | compensation.
|
6 | | (f) The Board may, by majority vote, nominate up to 4 |
7 | | non-voting members
for appointment by the Governor. Non-voting |
8 | | members shall be persons of
recognized ability and experience |
9 | | in one or more of the following areas:
economic development, |
10 | | finance, banking, industrial development, small
business |
11 | | management, real estate development, community development,
|
12 | | venture finance, organized labor or civic, community or |
13 | | neighborhood
organization. Non-voting members shall serve at |
14 | | the pleasure of the Board.
All non-voting members may attend |
15 | | meetings of the Board and may be
reimbursed as provided in |
16 | | subsection (c).
|
17 | | (g) The Board shall create a task force to study and make
|
18 | | recommendations to the Board on the economic development of |
19 | | the territory
within the jurisdiction of this Act. The members |
20 | | of the task force shall
reside within the territorial |
21 | | jurisdiction of this Article, shall serve at the
pleasure of |
22 | | the Board and shall be persons of recognized ability and
|
23 | | experience in one or more of the following areas: economic |
24 | | development,
finance, banking, industrial development, small |
25 | | business management, real
estate development, community |
26 | | development, venture finance, organized labor
or civic, |
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1 | | community or neighborhood organization. The number of members
|
2 | | constituting the task force shall be set by the Board and may |
3 | | vary from
time to time. The Board may set a specific date by |
4 | | which the task force is
to submit its final report and |
5 | | recommendations to the Board.
|
6 | | (Source: P.A. 94-793, eff. 5-19-06.)
|
7 | | (70 ILCS 525/2005.1 new) |
8 | | Sec. 2005.1. Requests for assistance; disclosure of |
9 | | economic interests. |
10 | | (a) The Authority may not hear a request for assistance |
11 | | from a restricted person. This prohibition extends to business |
12 | | relationships between a person who is an Authority leader |
13 | | within one year prior to the request for assistance and to any |
14 | | entity in which a restricted person holds or, within the past 2 |
15 | | years, held an ownership interest of 10% or more. |
16 | | (b) An Authority leader shall disclose and recuse himself |
17 | | or herself from matters relating to requests for assistance |
18 | | from an entity that is relocating full-time employees from |
19 | | another Authority's counties if (i) both Authorities contract |
20 | | with or employ the same Authority leader or (ii) there is or, |
21 | | within the past 2 years of the request, there was a business |
22 | | relationship between the Authority leaders at the 2 |
23 | | Authorities. |
24 | | (c) The Board of the Authority shall vote to renew the |
25 | | appointment of the Executive Director and other Authority |
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1 | | leaders on an annual basis. All contracts shall be approved on |
2 | | an annual basis and use a public process to solicit |
3 | | applications. This requirement does not apply to full-time |
4 | | employees of the Authority unless otherwise required by |
5 | | applicable State law or local ordinance. |
6 | | (d) Each Authority leader shall submit a statement of |
7 | | economic interest in accordance with Article 4A of the |
8 | | Illinois Governmental Ethics Act. Additionally, each Authority |
9 | | leader shall disclose to the Board outside sources of income |
10 | | and any business relationships in economic development |
11 | | consulting or lobbying. Reporting shall include the source of |
12 | | income, services provided, and timeline of when services were |
13 | | provided. If the source of income is a firm or organization |
14 | | with multiple clients, the report shall list all of the |
15 | | entities for which the individual provided services. |
16 | | (70 ILCS 525/2005.2 new) |
17 | | Sec. 2005.2. Open meetings; record disclosure. |
18 | | (a) The Authority is subject to the Open Meetings Act and |
19 | | the Freedom of Information Act. Documents subject to the |
20 | | Freedom of Information Act include, but are not limited to, |
21 | | expenses,
payroll, origination bonuses, and other financial |
22 | | details of the Authority. |
23 | | (b) A contract or agreement entered into by the Authority |
24 | | must be posted on the Authority's website. The Authority shall |
25 | | provide a detailed report of the Authority's financial |
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1 | | information on the Authority's website, including, but not |
2 | | limited to, a statement of profits and losses, balance sheet, |
3 | | and income statement of the Authority.
|
4 | | (70 ILCS 525/2008) (from Ch. 85, par. 7508)
|
5 | | Sec. 2008. Acquisition.
|
6 | | (a) The Authority may, but need not, acquire title to any
|
7 | | project with respect to which it exercises its authority.
|
8 | | (b) The Authority shall have power to acquire by purchase, |
9 | | lease, gift or
otherwise any property or rights therein from |
10 | | any person or persons, the
State of Illinois, any municipal |
11 | | corporation, any local unit of government, the
government of |
12 | | the United States and any agency or instrumentality of the
|
13 | | United States, any body politic or any county useful for its |
14 | | purposes, whether
improved for the purposes of any prospective |
15 | | project or unimproved. The
Authority may also accept any |
16 | | donation of funds for its
purposes from any such source.
|
17 | | (c) The Authority shall have power to develop, construct |
18 | | and improve,
either under its own direction or through |
19 | | collaboration with any approved
applicant, or to acquire |
20 | | through purchase or otherwise any project, using
for such |
21 | | purpose the proceeds derived from its sale of revenue bonds, |
22 | | notes
or other evidences of indebtedness or governmental loans |
23 | | or grants and to
hold title in the name of the Authority to |
24 | | such projects.
|
25 | | (d) The Authority shall have the power to enter into |
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1 | | intergovernmental
agreements with the State of Illinois, the |
2 | | counties of McLean, Peoria, Tazewell , or
Woodford, the |
3 | | Illinois Finance Authority, the Illinois Housing
Development |
4 | | Authority, the
Metropolitan Pier and Exposition Authority, the |
5 | | United States government
and any agency or instrumentality of |
6 | | the United States, any unit of local
government located within |
7 | | the territory of the Authority or any other unit
of government |
8 | | to the extent allowed by Article VII, Section 10 of the
|
9 | | Illinois Constitution and the Intergovernmental Cooperation |
10 | | Act.
|
11 | | (e) The Authority shall have the power to share employees |
12 | | with other units
of government, including agencies of the |
13 | | United States, agencies of the
State of Illinois and agencies |
14 | | or personnel of any unit of local government.
|
15 | | (f) The Authority shall have the power to exercise powers |
16 | | and issue
bonds as if it were a municipality so authorized in |
17 | | Divisions 12.1, 74,
74.1, 74.3 and 74.5 of Article 11 of the |
18 | | Illinois Municipal Code.
|
19 | | (Source: P.A. 93-205, eff. 1-1-04.)
|
20 | | (70 ILCS 525/2013) (from Ch. 85, par. 7513)
|
21 | | Sec. 2013. Reports ; commitment notice . The Authority shall |
22 | | annually submit a report of
its finances to the Auditor |
23 | | General. The Authority shall annually submit a
report of its |
24 | | activities to the Governor and General Assembly.
|
25 | | The Authority shall provide notice to the General |
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1 | | Assembly, the Department of Commerce and Economic Opportunity, |
2 | | and the Governor once the Authority enters into a commitment |
3 | | to support the financing of a project. The notice to the |
4 | | General Assembly shall be filed with the Clerk of the House of |
5 | | Representatives and the Secretary of the Senate, in electronic |
6 | | form only, in the manner that the Clerk and the Secretary shall |
7 | | direct. |
8 | | (Source: P.A. 86-1489.)
|
9 | | Section 60. The Upper Illinois River Valley Development |
10 | | Authority Act is amended by changing Sections 3, 4, and 14 and |
11 | | by adding Sections 5.1 and 5.2 as follows:
|
12 | | (70 ILCS 530/3) (from Ch. 85, par. 7153)
|
13 | | Sec. 3. Definitions. The following terms, whenever used or |
14 | | referred to
in this Act, shall have the following meanings, |
15 | | except in such instances
where the context may clearly |
16 | | indicate otherwise:
|
17 | | (a) "Authority" means the Upper Illinois River Valley |
18 | | Development Authority
created by this Act.
|
19 | | (a-5) "Authority leader" means the Executive Director, |
20 | | Assistant Executive Director, or any other person serving in a |
21 | | management, administrative, or leadership role at the |
22 | | Authority. |
23 | | (b) "Governmental agency" means any federal, State or |
24 | | local governmental
body, and any agency or instrumentality |
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1 | | thereof, corporate or otherwise.
|
2 | | (c) "Person" means any natural person, firm, partnership, |
3 | | corporation,
both domestic and foreign, company, association |
4 | | or joint stock association
and includes any trustee, receiver, |
5 | | assignee or personal representative
thereof.
|
6 | | (c-5) "Restricted person" means a person who has a |
7 | | familial or business relationship with an Authority leader. |
8 | | (d) "Revenue bond" means any bond issued by the Authority |
9 | | the principal
and interest of which is payable solely from |
10 | | revenues or income
derived from any project or activity of the |
11 | | Authority.
|
12 | | (e) "Board" means the Upper Illinois River Valley |
13 | | Development Authority
Board of Directors.
|
14 | | (f) "Governor" means the Governor of the State of |
15 | | Illinois.
|
16 | | (g) "City" means any city, village, incorporated town or |
17 | | township
within the geographical territory of the Authority.
|
18 | | (h) "Industrial project" means (1) a capital project, |
19 | | including one or
more buildings and other structures, |
20 | | improvements, machinery and equipment
whether or not on the |
21 | | same site or sites now existing or hereafter
acquired, |
22 | | suitable for use by any manufacturing, industrial, research,
|
23 | | transportation or commercial enterprise including but not |
24 | | limited to use
as a factory, mill, processing plant, assembly |
25 | | plant, packaging plant,
fabricating plant, office building, |
26 | | industrial distribution center,
warehouse, repair, overhaul or |
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1 | | service facility, freight terminal, research
facility, test |
2 | | facility, railroad facility, solid waste and wastewater
|
3 | | treatment and disposal sites and other pollution control |
4 | | facilities,
resource or waste reduction, recovery, treatment |
5 | | and disposal facilities,
and including also the sites thereof |
6 | | and other rights in land therefor
whether improved or |
7 | | unimproved, site preparation and landscaping and all
|
8 | | appurtenances and facilities incidental thereto such as |
9 | | utilities, access
roads, railroad sidings, truck docking and |
10 | | similar facilities, parking
facilities, dockage, wharfage, |
11 | | railroad roadbed, track, trestle, depot,
terminal, switching |
12 | | and signaling equipment or related equipment and other
|
13 | | improvements necessary or convenient thereto; or (2) any land, |
14 | | buildings,
machinery or equipment comprising an addition to or |
15 | | renovation,
rehabilitation or improvement of any existing |
16 | | capital project.
|
17 | | (i) "Housing project" or "residential project" includes a |
18 | | specific work
or improvement undertaken to provide dwelling |
19 | | accommodations, including the
acquisition, construction or |
20 | | rehabilitation of lands, buildings and
community facilities |
21 | | and in connection therewith to provide nonhousing
facilities |
22 | | which are an integral part of a planned large-scale project or
|
23 | | new community.
|
24 | | (j) "Commercial project" means any project, including but |
25 | | not limited to
one or more buildings and other structures, |
26 | | improvements, machinery and
equipment whether or not on the |
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1 | | same site or sites now existing or
hereafter acquired, |
2 | | suitable for use by any retail or wholesale concern,
|
3 | | distributorship or agency, any cultural facilities of a |
4 | | for-profit or
not-for-profit type including but not limited to |
5 | | educational, theatrical,
recreational and entertainment, |
6 | | sports facilities, racetracks, stadiums,
convention centers, |
7 | | exhibition halls, arenas, opera houses and theaters,
|
8 | | waterfront improvements, swimming pools, boat storage, |
9 | | moorage, docking
facilities, restaurants, velodromes, |
10 | | coliseums, sports training facilities,
parking facilities, |
11 | | terminals, hotels and motels, gymnasiums, medical
facilities |
12 | | and port facilities.
|
13 | | (k) "Project" means an industrial, housing, residential, |
14 | | commercial or
service project or any combination thereof |
15 | | provided that all uses shall
fall within one of the categories |
16 | | described above. Any project, of any
nature whatsoever, shall |
17 | | automatically include all site improvements and
new |
18 | | construction involving sidewalks, sewers, solid waste and |
19 | | wastewater
treatment and disposal sites and other pollution |
20 | | control facilities,
resource or waste reduction, recovery, |
21 | | treatment and disposal facilities,
parks, open spaces, |
22 | | wildlife sanctuaries, streets, highways and runways.
|
23 | | (l) "Lease agreement" shall mean an agreement whereby a |
24 | | project acquired
by the Authority by purchase, gift or lease |
25 | | is leased to any person or
corporation which will use or cause |
26 | | the project to be used as a project as
heretofore defined upon |
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1 | | terms providing for lease rental payments at least
sufficient |
2 | | to pay when due all principal of and interest and premium, if |
3 | | any,
on any bonds, notes or other evidences of indebtedness of |
4 | | the Authority
issued with respect to such project, providing |
5 | | for the maintenance,
insurance and operation of the project on |
6 | | terms satisfactory to the
Authority and providing for |
7 | | disposition of the project upon termination of
the lease term, |
8 | | including purchase options or abandonment of the premises,
|
9 | | with such other terms as may be deemed desirable by the |
10 | | Authority.
|
11 | | (m) "Loan agreement" means any agreement pursuant to which |
12 | | the Authority
agrees to loan the proceeds of its bonds, notes |
13 | | or other evidences of
indebtedness issued with respect to a |
14 | | project to any person or corporation
which will use or cause |
15 | | the project to be used as a project as heretofore
defined upon |
16 | | terms providing for loan repayment installments at least
|
17 | | sufficient to pay when due all principal of and interest and |
18 | | premium, if any,
on any bonds, notes or other evidences of |
19 | | indebtedness of the Authority
issued with respect to the |
20 | | project, providing for maintenance,
insurance and operation of |
21 | | the project on terms satisfactory to the
Authority and |
22 | | providing for other matters as may be deemed advisable
by the |
23 | | Authority.
|
24 | | (n) "Financial aid" means the expenditure of Authority |
25 | | funds or funds
provided by the Authority through the issuance |
26 | | of its revenue bonds, notes
or other evidences of indebtedness |
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1 | | for the development, construction,
acquisition or improvement |
2 | | of a project.
|
3 | | (o) "Costs incurred in connection with the development, |
4 | | construction,
acquisition or improvement of a project" means |
5 | | the following: the cost of
purchase and construction of all |
6 | | lands and improvements in connection
therewith and equipment |
7 | | and other property, rights, easements and franchises
acquired |
8 | | which are deemed necessary for such construction; financing
|
9 | | charges; interest costs with respect to bonds, notes and other |
10 | | evidences of
indebtedness of the Authority prior to and during |
11 | | construction and for a
period of 6 months thereafter; |
12 | | engineering and legal expenses; the costs of
plans, |
13 | | specifications, surveys and estimates of costs and other |
14 | | expenses
necessary or incident to determining the feasibility |
15 | | or practicability of
any project, together with such other |
16 | | expenses as may be necessary or
incident to the financing, |
17 | | insuring, acquisition and construction of a
specific project |
18 | | and the placing of the same in operation.
|
19 | | (p) "Terminal" means a public place, station or depot for |
20 | | receiving and
delivering passengers, baggage, mail, freight or |
21 | | express matter and any
combination thereof in connection with |
22 | | the transportation of
persons and property on water or land or |
23 | | in the air.
|
24 | | (q) "Terminal facilities" means all land, buildings, |
25 | | structures,
improvements, equipment and appliances useful in |
26 | | the operation of public
warehouse, storage and transportation |
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1 | | facilities and industrial,
manufacturing or commercial |
2 | | activities for the accommodation of or in
connection with |
3 | | commerce by water or land or in the air or useful as an
aid, or |
4 | | constituting an advantage or convenience to, the safe landing,
|
5 | | taking off and navigation of aircraft or the safe and |
6 | | efficient operation
or maintenance of a public airport.
|
7 | | (r) "Port facilities" means all public structures, except |
8 | | terminal
facilities as defined herein, that are in, over, |
9 | | under or adjacent to
navigable waters and are necessary for or |
10 | | incident to the furtherance of
water commerce and includes the |
11 | | widening and deepening of slips, harbors
and navigable waters.
|
12 | | (s) "Airport" means any locality, either land or water, |
13 | | which is used or
designed for the landing and taking off of |
14 | | aircraft or for the location of
runways, landing fields, |
15 | | aerodromes, hangars, buildings, structures,
airport roadways |
16 | | and other facilities.
|
17 | | (Source: P.A. 86-1024.)
|
18 | | (70 ILCS 530/4) (from Ch. 85, par. 7154)
|
19 | | Sec. 4. Establishment.
|
20 | | (a) There is hereby created a political
subdivision, body |
21 | | politic and municipal corporation named the Upper
Illinois |
22 | | River Valley Development Authority. The territorial |
23 | | jurisdiction
of the Authority is that geographic area within |
24 | | the boundaries of Grundy,
LaSalle, Bureau, Putnam, Kendall,
|
25 | | Kane, Lake, McHenry,
and Marshall counties in the State of
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1 | | Illinois and
any navigable waters and air space located |
2 | | therein.
|
3 | | (b) The governing and administrative powers of the |
4 | | Authority shall be
vested in a body consisting of 21 members |
5 | | including, as ex officio
members,
the Director of Commerce and |
6 | | Economic Opportunity, or his or her
designee, and the Director |
7 | | of the Department of Central Management Services,
or his or |
8 | | her designee. The other 19 members of the Authority shall
be
|
9 | | designated "public members", 10 of whom shall be appointed by |
10 | | the
Governor
with the advice and consent of the Senate and 9 of |
11 | | whom shall be
appointed
one each by the county board chairmen |
12 | | of Grundy, LaSalle, Bureau, Putnam,
Kendall,
Kane, Lake, |
13 | | McHenry,
and Marshall counties. All public members shall |
14 | | reside within the
territorial jurisdiction of this Act. Eleven |
15 | | members shall
constitute a
quorum , and the Board may not meet |
16 | | or take any action without a quorum present . The public |
17 | | members shall be persons of recognized ability and
experience |
18 | | in one or more of the following areas: economic development,
|
19 | | finance, banking, industrial development, small business |
20 | | management, real
estate development, community development, |
21 | | venture finance, organized labor
or civic, community or |
22 | | neighborhood organization. The Chairman of the
Authority shall |
23 | | be elected by the Board annually from the 9 members
appointed |
24 | | by the county board chairmen.
|
25 | | (c) The terms of all initial members of the Authority |
26 | | shall begin 30
days after
the effective date of this Act. Of |
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1 | | the 14 public members appointed
pursuant to this Act, 4 |
2 | | appointed by the Governor shall serve until the
third Monday |
3 | | in January, 1992, 4 appointed by the Governor shall serve
|
4 | | until the third Monday in January, 1993, one appointed by the |
5 | | Governor
shall serve until the third Monday in January, 1994, |
6 | | one appointed by the
Governor shall serve until the third |
7 | | Monday in January 1999, the member
appointed by the county |
8 | | board chairman of LaSalle County shall serve until the
third |
9 | | Monday in January, 1992, the members appointed by the county
|
10 | | board
chairmen of Grundy County, Bureau County, Putnam County, |
11 | | and Marshall
County shall serve until the third Monday in |
12 | | January, 1994, and the
member appointed by the county board |
13 | | chairman of Kendall County
shall serve until the third Monday |
14 | | in January, 1999.
The initial members appointed by the |
15 | | chairmen of the county boards
of Kane and McHenry counties |
16 | | shall serve until
the third Monday in January, 2003. The |
17 | | initial members appointed by the chairman of the county board
|
18 | | of Lake County shall serve until
the third Monday in January, |
19 | | 2018.
All successors shall be
appointed by the original |
20 | | appointing authority and hold office for a term
of 3 years |
21 | | commencing the third Monday in January of the year in which
|
22 | | their term commences, except in case of an appointment to fill |
23 | | a vacancy.
Vacancies occurring among the public members shall |
24 | | be filled for the
remainder of the term. In case of vacancy in |
25 | | a Governor-appointed
membership when the Senate is not in |
26 | | session, the Governor may make a
temporary appointment until |
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1 | | the next meeting of the Senate when a person
shall be nominated |
2 | | to fill such office, and any person so nominated who is
|
3 | | confirmed by the Senate shall hold office during the remainder |
4 | | of the term
and until a successor shall be appointed and |
5 | | qualified. Members of the
Authority shall not be entitled to |
6 | | compensation for their services as
members but shall be |
7 | | entitled to reimbursement for all necessary expenses
incurred |
8 | | in connection with the performance of their duties as members.
|
9 | | (d) The Governor may remove any public member of the |
10 | | Authority in case
of incompetency, neglect of duty, or |
11 | | malfeasance in office.
|
12 | | (e) The Board shall appoint an Executive Director who |
13 | | shall have a
background in finance, including familiarity with |
14 | | the legal and
procedural requirements of issuing bonds, real |
15 | | estate or economic
development and administration. The |
16 | | Executive Director shall hold office
at the discretion of the |
17 | | Board. The Executive Director shall be the chief
|
18 | | administrative and operational officer of the Authority, shall |
19 | | direct
and supervise its administrative affairs and general |
20 | | management, shall perform
such other duties as may be |
21 | | prescribed from time to time by the members and
shall receive |
22 | | compensation fixed by the Authority. The Executive Director
|
23 | | shall attend all meetings of the Authority; however, no action |
24 | | of the
Authority shall be invalid on account of the absence of |
25 | | the Executive
Director from a meeting. The Authority may |
26 | | engage the services of such
other agents and employees, |
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1 | | including attorneys, appraisers, engineers,
accountants, |
2 | | credit analysts and other consultants, as it may deem
|
3 | | advisable and may prescribe their duties and fix their |
4 | | compensation.
|
5 | | (f) The Board may, by majority vote, nominate up to 4 |
6 | | non-voting members
for appointment by the Governor. Non-voting |
7 | | members shall be persons of
recognized ability and experience |
8 | | in one or more of the following areas:
economic development, |
9 | | finance, banking, industrial development, small
business |
10 | | management, real estate development, community development,
|
11 | | venture finance, organized labor or civic, community or |
12 | | neighborhood
organization. Non-voting members shall serve at |
13 | | the pleasure of the Board.
All non-voting members may attend |
14 | | meetings of the Board and shall be
reimbursed as provided in |
15 | | subsection (c).
|
16 | | (g) The Board shall create a task force to study and make
|
17 | | recommendations to the Board on the economic development of |
18 | | the territory
within the jurisdiction of this Act. The members |
19 | | of the task force shall
reside within the territorial |
20 | | jurisdiction of this Act, shall serve at the
pleasure of the |
21 | | Board and shall be persons of recognized ability and
|
22 | | experience in one or more of the following areas: economic |
23 | | development,
finance, banking, industrial development, small |
24 | | business management, real
estate development, community |
25 | | development, venture finance, organized labor
or civic, |
26 | | community or neighborhood organization. The number of members
|
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1 | | constituting the task force shall be set by the Board and may |
2 | | vary from
time to time. The Board may set a specific date by |
3 | | which the task force is
to submit its final report and |
4 | | recommendations to the Board.
|
5 | | (Source: P.A. 99-499, eff. 1-29-16.)
|
6 | | (70 ILCS 530/5.1 new) |
7 | | Sec. 5.1. Requests for assistance; disclosure of economic |
8 | | interests. |
9 | | (a) The Authority may not hear a request for assistance |
10 | | from a restricted person. This prohibition extends to business |
11 | | relationships between a person who is an Authority leader |
12 | | within one year prior to the request for assistance and to any |
13 | | entity in which a restricted person holds or, within the past 2 |
14 | | years, held an ownership interest of 10% or more. |
15 | | (b) An Authority leader shall disclose and recuse himself |
16 | | or herself from matters relating to requests for assistance |
17 | | from an entity that is relocating full-time employees from |
18 | | another Authority's counties if (i) both Authorities contract |
19 | | with or employ the same Authority leader or (ii) there is or, |
20 | | within the past 2 years of the request, there was a business |
21 | | relationship between the Authority leaders at the 2 |
22 | | Authorities. |
23 | | (c) The Board of the Authority shall vote to renew the |
24 | | appointment of the Executive Director and other Authority |
25 | | leaders on an annual basis. All contracts shall be approved on |
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1 | | an annual basis and use a public process to solicit |
2 | | applications. This requirement does not apply to full-time |
3 | | employees of the Authority unless otherwise required by |
4 | | applicable State law or local ordinance. |
5 | | (d) Each Authority leader shall submit a statement of |
6 | | economic interest in accordance with Article 4A of the |
7 | | Illinois Governmental Ethics Act. Additionally, each Authority |
8 | | leader shall disclose to the Board outside sources of income |
9 | | and any business relationships in economic development |
10 | | consulting or lobbying. Reporting shall include the source of |
11 | | income, services provided, and timeline of when services were |
12 | | provided. If the source of income is a firm or organization |
13 | | with multiple clients, the report shall list all of the |
14 | | entities for which the individual provided services. |
15 | | (70 ILCS 530/5.2 new) |
16 | | Sec. 5.2. Open meetings; record disclosure. |
17 | | (a) The Authority is subject to the Open Meetings Act and |
18 | | the Freedom of Information Act. Documents subject to the |
19 | | Freedom of Information Act include, but are not limited to, |
20 | | expenses,
payroll, origination bonuses, and other financial |
21 | | details of the Authority. |
22 | | (b) A contract or agreement entered into by the Authority |
23 | | must be posted on the Authority's website. The Authority shall |
24 | | provide a detailed report of the Authority's financial |
25 | | information on the Authority's website, including, but not |
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1 | | limited to, a statement of profits and losses, balance sheet, |
2 | | and income statement of the Authority.
|
3 | | (70 ILCS 530/14) (from Ch. 85, par. 7164)
|
4 | | Sec. 14. Reports ; commitment notice . The Authority shall |
5 | | annually submit a report of
its finances to the Auditor |
6 | | General. The Authority shall annually submit a
report of its |
7 | | activities to the Governor and General Assembly.
|
8 | | The Authority shall provide notice to the General |
9 | | Assembly, the Department of Commerce and Economic Opportunity, |
10 | | and the Governor once the Authority enters into a commitment |
11 | | to support the financing of a project. The notice to the |
12 | | General Assembly shall be filed with the Clerk of the House of |
13 | | Representatives and the Secretary of the Senate, in electronic |
14 | | form only, in the manner that the Clerk and the Secretary shall |
15 | | direct. |
16 | | (Source: P.A. 86-1024.)
|
17 | | Section 65. The Illinois Urban Development Authority Act |
18 | | is amended by changing Sections 3, 4, 5, and 6 as follows: |
19 | | (70 ILCS 531/3)
|
20 | | Sec. 3. Definitions. The following terms, whenever used or |
21 | | referred to in this Act, shall have the following meanings, |
22 | | except in such instances where the context may clearly |
23 | | indicate otherwise: |
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1 | | "Authority" means the Illinois Urban Development Authority |
2 | | created by this Act.
|
3 | | "Authority leader" means the Executive Director, Assistant |
4 | | Executive Director, or any other person serving in a |
5 | | management, administrative, or leadership role at the |
6 | | Authority. |
7 | | "Board" means the Illinois Urban Development Authority |
8 | | Board of Directors. |
9 | | "Bonds" shall include bonds, notes, or other evidence of |
10 | | indebtedness. |
11 | | "Commercial project" means any project, including but not |
12 | | limited to one or more buildings and other structures, |
13 | | improvements, machinery, and equipment whether or not on the |
14 | | same site or sites now existing or hereafter acquired, |
15 | | suitable for use by any retail or wholesale concern, |
16 | | distributorship, or agency, any cultural facilities of a |
17 | | for-profit or not-for-profit type including but not limited to |
18 | | educational, theatrical, recreational and entertainment, |
19 | | sports facilities, racetracks, stadiums, convention centers, |
20 | | exhibition halls, arenas, opera houses and theaters, |
21 | | waterfront improvements, swimming pools, boat storage, |
22 | | moorage, docking facilities, restaurants, coliseums, sports |
23 | | training facilities, parking facilities, terminals, hotels and |
24 | | motels, gymnasiums, medical facilities, and port facilities. |
25 | | "Costs incurred in connection with the development, |
26 | | construction, acquisition, or improvement of a project" means |
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1 | | the cost of purchase and construction of all lands and |
2 | | improvements in connection with a project and equipment and |
3 | | other property, rights, easements, and franchises acquired |
4 | | that are deemed necessary for such construction; financing |
5 | | charges; interest costs with respect to bonds, notes, and |
6 | | other evidences of indebtedness of the Authority prior to and |
7 | | during construction and for a period of 6 months thereafter; |
8 | | engineering and legal expenses; the costs of plans, |
9 | | specifications, surveys, and estimates of costs and other |
10 | | expenses necessary or incident to determining the feasibility |
11 | | or practicability of any project, together with such other |
12 | | expenses as may be necessary or incident to the financing, |
13 | | insuring, acquisition, and construction of a specific project |
14 | | and the placing of the same in operation. |
15 | | "Develop" or "development" means to do one or more of the |
16 | | following: plan, design, develop, lease, acquire, install, |
17 | | construct, reconstruct, rehabilitate, extend, or expand. |
18 | | "Financial aid" means the expenditure of Authority funds |
19 | | or funds provided by the Authority through the issuance of its |
20 | | revenue bonds, notes, or other evidences of indebtedness for |
21 | | the development, construction, acquisition, or improvement of |
22 | | a project. |
23 | | "Governmental agency" means any federal, State or local |
24 | | governmental body, and any agency or instrumentality thereof, |
25 | | corporate or otherwise.
|
26 | | "Governor" means the Governor of the State of Illinois. |
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1 | | "Housing project" or "residential project" includes a |
2 | | specific work or improvement undertaken to provide dwelling |
3 | | accommodations, including the acquisition, construction, |
4 | | leasing, or rehabilitation of lands, buildings, and community |
5 | | facilities and in connection therewith to provide nonhousing |
6 | | facilities which are an integral part of a planned large-scale |
7 | | project or new community. |
8 | | "Industrial project" means (1) a capital project, |
9 | | including one or more buildings and other structures, |
10 | | improvements, machinery, and equipment whether or not on the |
11 | | same site or sites now existing or hereafter acquired, |
12 | | suitable for use by any manufacturing, industrial, research, |
13 | | transportation, or commercial enterprise including but not |
14 | | limited to use as a factory, mill, processing plant, assembly |
15 | | plant, packaging plant, fabricating plant, office building, |
16 | | industrial distribution center, warehouse, repair, overhaul or |
17 | | service facility, freight terminal, research facility, test |
18 | | facility, railroad facility, solid waste and wastewater |
19 | | treatment and disposal sites and other pollution control |
20 | | facilities, resource or waste reduction, recovery, treatment |
21 | | and disposal facilities, and including also the sites thereof |
22 | | and other rights in land therefor whether improved or |
23 | | unimproved, site preparation and landscaping and all |
24 | | appurtenances and facilities incidental thereto such as |
25 | | utilities, access roads, railroad sidings, truck docking and |
26 | | similar facilities, parking facilities, dockage, wharfage, |
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1 | | railroad roadbed, track, trestle, depot, terminal, switching, |
2 | | and signaling equipment or related equipment and other |
3 | | improvements necessary or convenient thereto; or (2) any land, |
4 | | buildings, machinery or equipment comprising an addition to or |
5 | | renovation, rehabilitation or improvement of any existing |
6 | | capital project. |
7 | | "Lease agreement" means an agreement whereby a project |
8 | | acquired by the Authority by purchase, gift, or lease is |
9 | | leased to any person or corporation that will use or cause the |
10 | | project to be used as a project as defined in this Act upon |
11 | | terms providing for lease rental payments at least sufficient |
12 | | to pay when due all principal of and interest and premium, if |
13 | | any, on any bonds, notes or other evidences of indebtedness of |
14 | | the Authority issued with respect to such project, providing |
15 | | for the maintenance, insurance, and operation of the project |
16 | | on terms satisfactory to the Authority, and providing for |
17 | | disposition of the project upon termination of the lease term, |
18 | | including purchase options or abandonment of the premises, |
19 | | with such other terms as may be deemed desirable by the |
20 | | Authority. The Authority may, directly or indirectly, lease or |
21 | | otherwise transfer property the Authority owns to another and |
22 | | such leased property shall remain tax exempt. |
23 | | "Loan agreement" means any agreement pursuant to which the |
24 | | Authority agrees to loan the proceeds of its bonds, notes, or |
25 | | other evidences of indebtedness issued with respect to a |
26 | | project to any person or corporation that will use or cause the |
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1 | | project to be used as a project as defined in this Act upon |
2 | | terms providing for loan repayment installments at least |
3 | | sufficient to pay when due all principal and interest and |
4 | | premium, if any, on any bonds, notes, or other evidences of |
5 | | indebtedness of the Authority issued with respect to the |
6 | | project, providing for maintenance, insurance, and operation |
7 | | of the project on terms satisfactory to the Authority and |
8 | | providing for other matters as may be deemed advisable by the |
9 | | Authority. |
10 | | "Maintain" or "maintenance" includes ordinary maintenance, |
11 | | repair, rehabilitation, capital maintenance, maintenance |
12 | | replacement, and any other categories of maintenance that may |
13 | | be designated by the local, regional, or State transportation |
14 | | agency. |
15 | | "Municipal poverty rate" is the percentage of total |
16 | | population of the municipality having income levels below the |
17 | | poverty level as determined by the Authority based upon the |
18 | | most recent data released by the United States Census Bureau |
19 | | before the beginning of such calendar year.
|
20 | | "Occupational license" means a license issued by the |
21 | | Illinois Gaming Board to a person or entity to perform an |
22 | | occupation which the Illinois Gaming Board has identified as |
23 | | requiring a license to engage in riverboat, dockside, or |
24 | | land-based gambling in Illinois. |
25 | | "Operate" or "operation" means to do one or more of the |
26 | | following: maintain, improve, equip, modify, or otherwise |
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1 | | operate. |
2 | | "Person" means any natural person, firm, partnership, |
3 | | corporation, both domestic and foreign, company, association, |
4 | | or joint stock association and includes any trustee, receiver, |
5 | | assignee, or personal representative thereof.
|
6 | | "Project" means an industrial, housing, residential, |
7 | | commercial, transportation, or service project, or any |
8 | | combination thereof, provided that all uses shall fall within |
9 | | one of those categories. Any project, of any nature |
10 | | whatsoever, shall automatically include all site improvements |
11 | | and new construction involving sidewalks, sewers, solid waste |
12 | | and wastewater treatment and disposal sites and other |
13 | | pollution control facilities, resource or waste reduction, |
14 | | recovery, treatment and disposal facilities, parks, open |
15 | | spaces, wildlife sanctuaries, streets, highways, and runways. |
16 | | "Restricted person" means a person who has a familial or |
17 | | business relationship with an Authority leader. |
18 | | "Revenue bond" means any bond issued by the Authority |
19 | | under the supervision of the Illinois Finance Authority, the |
20 | | principal and interest of which are payable solely from |
21 | | revenues or income derived from any project or activity of the |
22 | | Authority. |
23 | | "Transportation facility" means any new or existing road, |
24 | | highway, toll highway, bridge, tunnel, intermodal facility, |
25 | | intercity or high-speed passenger rail, or other |
26 | | transportation facility or infrastructure, excluding airports. |
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1 | | The term "transportation facility" may refer to one or more |
2 | | transportation facilities that are proposed to be developed or |
3 | | operated as part of a single transportation project. |
4 | | "Transportation project" means one or more transportation |
5 | | improvement projects including, but not limited to, new or |
6 | | existing roads or highways, new or expanded intermodal |
7 | | projects, and new or expanded transit projects, |
8 | | transit-oriented development, intercity rail, and passenger |
9 | | rail. "Transportation project" does not include airport |
10 | | projects.
|
11 | | (Source: P.A. 98-384, eff. 8-16-13.) |
12 | | (70 ILCS 531/4)
|
13 | | Sec. 4. Illinois Urban Development Authority. There is |
14 | | hereby created a political subdivision, body politic and |
15 | | corporate by the name of Illinois Urban Development Authority. |
16 | | The exercise by the Authority of the powers conferred by law |
17 | | shall be an essential public function. The governing powers of |
18 | | the Authority shall be vested in a body consisting of 11 |
19 | | members appointed as follows: one member appointed by the |
20 | | Mayor of the City of Chicago that has expertise, skill, and |
21 | | experience in economic development; one member appointed by |
22 | | the President of the Cook County Board that has expertise, |
23 | | skill, and experience in economic development; 4 members |
24 | | appointed by the Governor who are residents of a municipality, |
25 | | other than a municipality with a population greater than |
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1 | | 1,000,000, whose municipal poverty rate is greater than 3% in |
2 | | excess of the statewide average; 2 members appointed by the |
3 | | Governor that have an expertise, skill, and experience in |
4 | | labor relations; and 3 members appointed by the Governor that |
5 | | have an expertise, skill, and experience operating a business |
6 | | that is certified by the State of Illinois as a Disadvantaged |
7 | | Business Enterprise, Minority Business Enterprise, or Women |
8 | | Business Enterprise. |
9 | | Six members shall constitute a quorum. However, when a |
10 | | quorum of members of the Authority is physically present at |
11 | | the meeting site, other Authority members may participate in |
12 | | and act at any meeting through the use of a conference |
13 | | telephone or other communications equipment by means of which |
14 | | all persons participating in the meeting can hear each other. |
15 | | Participation in such meeting shall constitute attendance and |
16 | | presence in person at the meeting of the person or persons so |
17 | | participating. The Chairman of the Authority shall be elected |
18 | | by the Authority. All board members shall be persons of |
19 | | recognized ability and experience in one or more of the |
20 | | following areas: economic development, finance, banking, |
21 | | industrial development, small business management, real estate |
22 | | development, community development, venture finance, |
23 | | construction, and labor relations. The Board may not meet or |
24 | | take any action unless the quorum of 6 members are physically |
25 | | present, are present by phone, or are otherwise present as |
26 | | required by this paragraph. |
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1 | | The terms of all members of the Authority shall begin 30 |
2 | | days after the effective date of this Act. Of the 11 members |
3 | | first appointed pursuant to this Act, 4 shall serve until the |
4 | | third Monday in January 2011, 4 shall serve until the third |
5 | | Monday in January 2012, and 3 shall serve until the third |
6 | | Monday in January 2013. All board members shall hold office |
7 | | for a term of 4 years commencing the third Monday in January of |
8 | | the year in which their term commences, except in case of an |
9 | | appointment to fill a vacancy. In case of vacancy in the office |
10 | | when the Senate is not in session, the Governor may make a |
11 | | temporary appointment until the next meeting of the Senate |
12 | | when he shall nominate such person to fill such office, and any |
13 | | person so nominated who is confirmed by the Senate, shall hold |
14 | | his office during the remainder of the term and until his |
15 | | successor shall be appointed and qualified. If the Senate is |
16 | | not in session, the Governor may make temporary appointments |
17 | | in the case of vacancies. |
18 | | Members of the Authority shall not be entitled to |
19 | | compensation for their
services
as members but shall be |
20 | | entitled to reimbursement for all necessary expenses
incurred |
21 | | in
connection with the performance of their duties as members. |
22 | | The Governor may
remove
any member of the Authority in case of |
23 | | incompetency, neglect of duty, or
malfeasance in office, after |
24 | | service on the member of a copy of the written
charges
against |
25 | | the member and an opportunity to be publicly heard in person or |
26 | | by
counsel in
the his or her defense upon not less than 10 |
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1 | | days' notice.
|
2 | | The members of the Authority shall appoint an Executive |
3 | | Director, who must be
a
person knowledgeable in the areas of |
4 | | financial markets and instruments and the
financing
of |
5 | | business enterprises, to hold office at the pleasure of the |
6 | | members. The
Executive
Director shall be the chief |
7 | | administrative and operational officer of the
Authority and
|
8 | | shall direct and supervise its administrative affairs and |
9 | | general management
and perform
such other duties as may be |
10 | | prescribed from time to time by the members and
shall
receive |
11 | | compensation fixed by the Authority. The Executive Director or |
12 | | any
committee of the members may carry out any |
13 | | responsibilities of the members as
the
members by resolution |
14 | | may delegate. The Executive Director shall attend all
meetings |
15 | | of the Authority; however, no action of the Authority shall be |
16 | | invalid on
account of the absence of the Executive Director |
17 | | from a meeting. The Authority may
engage the services of such |
18 | | other agents and employees, including attorneys, appraisers,
|
19 | | engineers, accountants, credit analysts, and other |
20 | | consultants, as it may deem
advisable
and may prescribe their |
21 | | duties and fix their compensation.
|
22 | | The Authority shall determine the municipal poverty rate |
23 | | and the statewide
average municipal poverty rate annually by |
24 | | using the most recent data released
by the
United States |
25 | | Census Bureau before the beginning of each calendar year. The
|
26 | | Authority
shall have the sole and exclusive authority to |
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1 | | determine the municipal poverty
rate and
the statewide average |
2 | | municipal poverty rate and to determine whether a
|
3 | | municipality's
poverty rate is greater than 3% in excess of |
4 | | the statewide average so long as
the
determination is based on |
5 | | the most recent data released by the United States
Census
|
6 | | Bureau.
|
7 | | (Source: P.A. 96-234, eff. 1-1-10.) |
8 | | (70 ILCS 531/5)
|
9 | | Sec. 5. Conflicts of interest ; requests for assistance; |
10 | | disclosure of economic interests .
|
11 | | (a) No member of the Authority or officer, agent, or |
12 | | employee thereof
shall, in the member's own name or in the name |
13 | | of a nominee, be an officer,
director, or
hold an ownership |
14 | | interest in any person, association, trust,
corporation, |
15 | | partnership, or other entity which is, in its own name or in |
16 | | the
name of a
nominee, a party to a contract or agreement upon |
17 | | which the member or officer,
agent
or employee may be called |
18 | | upon to act or vote.
|
19 | | (b) With respect to any direct or any indirect interest, |
20 | | other than an
interest
prohibited in subsection (a), in a |
21 | | contract or agreement upon which the member
or
officer, agent |
22 | | or employee may be called upon to act or vote, a member of the
|
23 | | Authority
or officer, agent, or employee thereof must disclose |
24 | | the interest to the
secretary
of the
Authority prior to the |
25 | | taking of final action by the Authority concerning the
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1 | | contract or agreement and shall disclose the nature and extent |
2 | | of the
interest and his or her acquisition thereof, which |
3 | | shall be publicly
acknowledged by the Authority and entered |
4 | | upon the minutes of the Authority. If
a member of the Authority |
5 | | or officer, agent, or employee thereof holds such an
interest |
6 | | then the member shall refrain from any further official |
7 | | involvement in
regard to the contract or agreement, from |
8 | | voting on any matter pertaining to
the contract or agreement, |
9 | | and from communicating with other members of the
Authority or |
10 | | its officers, agents, and employees concerning the
contract or |
11 | | agreement. Notwithstanding any other provision of law, any |
12 | | contract
or agreement entered into in conformity with this |
13 | | subsection shall not be
void or
invalid by reason of the |
14 | | interest described in this subsection, nor shall any
person
|
15 | | disclosing an interest and refraining from further official |
16 | | involvement as
provided in this subsection be guilty of an |
17 | | offense, be removed from office, or
be subject
to any other |
18 | | penalty on account of the interest.
|
19 | | (c) Any contract or agreement made in violation of |
20 | | subsections (a) or (b)
shall be null and void, whether or not |
21 | | the contract performance
has been authorized, and shall give |
22 | | rise to no action against the Authority. No
real
estate to |
23 | | which a member or employee of the Authority holds legal title |
24 | | or in
which a member or employee of the Authority has
any |
25 | | beneficial interest, including any interest in a land trust, |
26 | | shall be
purchased by the
Authority or by a nonprofit |
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1 | | corporation or limited-profit entity for a
development
to be |
2 | | financed under this Act.
|
3 | | All members and employees of the Authority shall file |
4 | | annually with the
Authority a record of all real estate in this |
5 | | State to which the member or
employee holds
legal title or
in |
6 | | which the member or employee has any beneficial interest, |
7 | | including any
interest in a
land trust.
In the event it is |
8 | | later disclosed that the Authority has purchased real
estate |
9 | | in which a
member or employee had an interest, that purchase |
10 | | shall be voidable by the
Authority
and the member or employee |
11 | | involved shall be disqualified from membership in or
|
12 | | employment by the Authority.
|
13 | | (d) The Authority may not hear a request for assistance |
14 | | from a restricted person. This prohibition extends to business |
15 | | relationships between a person who is an Authority leader |
16 | | within one year prior to the request for assistance and to any |
17 | | entity in which a restricted person holds or, within the past 2 |
18 | | years, held an ownership interest of 10% or more. |
19 | | (e) An Authority leader shall disclose and recuse himself |
20 | | or herself from matters relating to requests for assistance |
21 | | from an entity that is relocating full-time employees from |
22 | | another Authority's counties if (i) both Authorities contract |
23 | | with or employ the same Authority leader or (ii) there is or, |
24 | | within the past 2 years of the request, there was a business |
25 | | relationship between the Authority leaders at the 2 |
26 | | Authorities. |
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1 | | (f) The Board of the Authority shall vote to renew the |
2 | | appointment of the Executive Director and other Authority |
3 | | leaders on an annual basis. All contracts shall be approved on |
4 | | an annual basis and use a public process to solicit |
5 | | applications. This requirement does not apply to full-time |
6 | | employees of the Authority unless otherwise required by |
7 | | applicable State law or local ordinance. |
8 | | (g) Each Authority leader shall submit a statement of |
9 | | economic interest in accordance with Article 4A of the |
10 | | Illinois Governmental Ethics Act. Additionally, each Authority |
11 | | leader shall disclose to the Board outside sources of income |
12 | | and any business relationships in economic development |
13 | | consulting or lobbying. Reporting shall include the source of |
14 | | income, services provided, and timeline of when services were |
15 | | provided. If the source of income is a firm or organization |
16 | | with multiple clients, the report shall list all of the |
17 | | entities for which the individual provided services. |
18 | | (Source: P.A. 96-234, eff. 1-1-10.) |
19 | | (70 ILCS 531/6)
|
20 | | Sec. 6. Records , and reports , and notices of the |
21 | | Authority. The secretary shall keep a
record of the |
22 | | proceedings of the Authority. The treasurer of the Authority
|
23 | | shall be
custodian of all Authority funds, and shall be bonded |
24 | | in such amount as the
other
members of the Authority may |
25 | | designate. The accounts and bonds of the Authority
shall
be |
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1 | | set up and maintained in a manner approved by the Auditor |
2 | | General, and the
Authority
shall file with the Auditor General |
3 | | a certified annual report within 120 days
after the
close of |
4 | | its fiscal year. The Authority shall also file with the |
5 | | Governor, the
Secretary of
the Senate, the Clerk of the House |
6 | | of Representatives, and the Commission on Government |
7 | | Forecasting and Accountability, by March 1 of each year, a |
8 | | written report
covering
its activities and any activities of |
9 | | any instrumentality corporation
established under
this Act for |
10 | | the previous fiscal year. In its report to be filed by March 1,
|
11 | | 2010, the
Authority shall present an economic development |
12 | | strategy for all municipalities
with a
municipal poverty rate |
13 | | greater than 3% in excess of the statewide average, the
|
14 | | Authority
shall make modifications in the economic development |
15 | | strategy for the 4 years
beginning on the next ensuing July 1, |
16 | | to reflect changes in economic conditions
or
other factors, |
17 | | including the policies of the Authority and the State of
|
18 | | Illinois. It
shall also present an economic development |
19 | | strategy for the fifth year
beginning after the
next ensuing |
20 | | July 1. The strategy shall recommend specific legislative and
|
21 | | administrative action by the State, the Authority, units of |
22 | | local government,
or
other governmental agencies. These |
23 | | recommendations may include, but are not
limited to, new |
24 | | programs, modifications to existing programs, credit
|
25 | | enhancements for bonds issued by the Authority, and amendments |
26 | | to this Act.
When filed, the report shall be a public record |
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1 | | and open for inspection at the
offices of the Authority during |
2 | | normal business hours.
|
3 | | The Authority is subject to the Open Meetings Act and the |
4 | | Freedom of Information Act. Documents subject to the Freedom |
5 | | of Information Act include, but are not limited to, expenses,
|
6 | | payroll, origination bonuses, and other financial details of |
7 | | the Authority. |
8 | | A contract or agreement entered into by the Authority must |
9 | | be posted on the Authority's website. The Authority shall |
10 | | provide a detailed report of the Authority's financial |
11 | | information on the Authority's website, including, but not |
12 | | limited to, a statement of profits and losses, balance sheet, |
13 | | and income statement of the Authority. |
14 | | The Authority shall provide notice to the General |
15 | | Assembly, the Department of Commerce and Economic Opportunity, |
16 | | and the Governor once the Authority enters into a commitment |
17 | | to support the financing of a project. The notice to the |
18 | | General Assembly shall be filed with the Clerk of the House of |
19 | | Representatives and the Secretary of the Senate, in electronic |
20 | | form only, in the manner that the Clerk and the Secretary shall |
21 | | direct. |
22 | | (Source: P.A. 100-1148, eff. 12-10-18.) |
23 | | Section 70. The Western Illinois Economic Development |
24 | | Authority Act is amended by changing Sections 15, 20, and 75 |
25 | | and by adding Sections 26 and 27 as follows: |
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1 | | (70 ILCS 532/15) |
2 | | Sec. 15. Definitions. In this Act:
|
3 | | "Authority" means the Western Illinois Economic |
4 | | Development Authority.
|
5 | | "Authority leader" means the Executive Director, Assistant |
6 | | Executive Director, or any other person serving in a |
7 | | management, administrative, or leadership role at the |
8 | | Authority. |
9 | | "Governmental agency" means any federal, State, or local |
10 | | governmental body
and any agency or
instrumentality thereof, |
11 | | corporate or otherwise.
|
12 | | "Person" means any natural person, firm, partnership, |
13 | | corporation, both
domestic and foreign,
company, association |
14 | | or joint stock association and includes any trustee,
receiver, |
15 | | assignee or personal
representative thereof.
|
16 | | "Restricted person" means a person who has a familial or |
17 | | business relationship with an Authority leader. |
18 | | "Revenue bond" means any bond issued by the Authority, the |
19 | | principal and
interest of which is payable
solely from |
20 | | revenues or income derived from any project or activity of the
|
21 | | Authority.
|
22 | | "Board" means the Board of Directors of the Western |
23 | | Illinois Economic
Development Authority.
|
24 | | "Governor" means the Governor of the State of Illinois.
|
25 | | "City" means any city, village, incorporated town, or |
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1 | | township within the
geographical territory of the
Authority.
|
2 | | "Industrial project" means the following:
|
3 | | (1) a capital project, including one or more buildings |
4 | | and other
structures, improvements,
machinery and |
5 | | equipment whether or not on the same site or sites now |
6 | | existing
or hereafter acquired,
suitable for use by any |
7 | | manufacturing, industrial, research, transportation or
|
8 | | commercial enterprise
including but not limited to use as |
9 | | a factory, mill, processing plant, assembly
plant, |
10 | | packaging plant,
fabricating plant, ethanol plant, office |
11 | | building, industrial distribution
center, warehouse,
|
12 | | repair, overhaul or service
facility, freight terminal, |
13 | | research facility, test facility, railroad
facility, port |
14 | | facility, solid waste and wastewater
treatment and |
15 | | disposal sites and other pollution control facilities, |
16 | | resource
or waste reduction, recovery,
treatment and |
17 | | disposal facilities, and including also the sites thereof |
18 | | and
other rights in land therefore
whether improved or |
19 | | unimproved, site preparation and landscaping and all
|
20 | | appurtenances and facilities
incidental thereto such as |
21 | | utilities, access roads, railroad sidings, truck
docking |
22 | | and similar facilities,
parking facilities, dockage, |
23 | | wharfage, railroad roadbed, track, trestle, depot,
|
24 | | terminal, switching and
signaling equipment or related |
25 | | equipment and other improvements necessary or
convenient |
26 | | thereto; or
|
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1 | | (2) any land, buildings, machinery or equipment |
2 | | comprising an addition to or
renovation,
rehabilitation or |
3 | | improvement of any existing capital project.
|
4 | | "Housing project" or "residential project" includes a |
5 | | specific work or improvement undertaken to provide dwelling |
6 | | accommodations, including the acquisition, construction or |
7 | | rehabilitation of lands, buildings and community facilities |
8 | | and in connection therewith to provide nonhousing facilities |
9 | | which are an integral part of a planned large-scale project or |
10 | | new community. |
11 | | "Commercial project" means any project, including, but not |
12 | | limited to, one or
more buildings and other
structures, |
13 | | improvements, machinery, and equipment, whether or not on the |
14 | | same
site or sites now existing
or hereafter acquired, |
15 | | suitable for use by any retail or wholesale concern,
|
16 | | distributorship, or agency.
|
17 | | "Project" means an industrial, housing, residential, |
18 | | commercial, or service
project, or any combination
thereof, |
19 | | provided that all uses fall within one of the categories |
20 | | described
above. Any project automatically
includes all site |
21 | | improvements and new construction involving sidewalks,
sewers, |
22 | | solid waste and
wastewater treatment and disposal sites and |
23 | | other pollution control facilities,
resource or waste |
24 | | reduction,
recovery, treatment and disposal facilities, parks, |
25 | | open spaces, wildlife
sanctuaries, streets, highways, and
|
26 | | runways.
|
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1 | | "Lease agreement" means an agreement in which a project |
2 | | acquired by the
Authority by purchase, gift,
or lease is |
3 | | leased to any person or corporation that will use, or cause the
|
4 | | project to be used, as a project,
upon terms providing for |
5 | | lease rental payments at least sufficient to pay, when due, |
6 | | all principal of and
interest and premium, if any, on any |
7 | | bonds, notes, or other evidences of indebtedness of the |
8 | | Authority,
issued with respect to the project, providing for |
9 | | the maintenance, insurance, and operation of the project on
|
10 | | terms satisfactory to the Authority and providing for |
11 | | disposition of the project upon termination of the lease
term, |
12 | | including purchase options or abandonment of the premises, |
13 | | with other terms as may be deemed
desirable by the Authority.
|
14 | | "Loan agreement" means any agreement in which the |
15 | | Authority agrees to loan
the proceeds of its bonds,
notes, or |
16 | | other evidences of indebtedness, issued with respect to a |
17 | | project, to
any person or corporation
which will use or cause |
18 | | the project to be used as a project, upon terms
providing for |
19 | | loan repayment
installments at least sufficient to pay, when |
20 | | due, all principal of and
interest and premium, if any, on any
|
21 | | bonds, notes, or other evidences of indebtedness of the |
22 | | Authority issued with
respect to the project,
providing for |
23 | | maintenance, insurance, and operation of the project on terms
|
24 | | satisfactory to the Authority
and providing for other terms |
25 | | deemed advisable by the Authority.
|
26 | | "Financial aid" means the expenditure of Authority funds |
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1 | | or funds provided by
the Authority for the
development, |
2 | | construction, acquisition or improvement of a project, through |
3 | | the
issuance of revenue bonds,
notes, or other evidences of |
4 | | indebtedness.
|
5 | | "Costs incurred in connection with
the development, |
6 | | construction, acquisition or improvement of a
project" means |
7 | | the following:
|
8 | | (1) the cost of purchase and construction of all lands |
9 | | and improvements in
connection therewith and
equipment and |
10 | | other property, rights, easements, and franchises acquired |
11 | | which
are deemed necessary for
the construction;
|
12 | | (2) financing charges;
|
13 | | (3) interest costs with respect to bonds, notes, and |
14 | | other evidences of
indebtedness of the Authority
prior to |
15 | | and during construction and for a period of 6 months |
16 | | thereafter;
|
17 | | (4) engineering and legal expenses; and
|
18 | | (5) the costs of plans, specifications, surveys, and |
19 | | estimates of costs and
other expenses necessary or
|
20 | | incident to determining the feasibility or practicability |
21 | | of any project,
together with such other expenses as
may |
22 | | be necessary or incident to the financing, insuring, |
23 | | acquisition, and
construction of a specific project
and |
24 | | the placing of the same in operation.
|
25 | | (Source: P.A. 98-750, eff. 1-1-15 .) |
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1 | | (70 ILCS 532/20)
|
2 | | Sec. 20. Creation.
|
3 | | (a) There is created a political subdivision, body |
4 | | politic, and municipal
corporation named the Western
Illinois |
5 | | Economic Development Authority. The territorial jurisdiction |
6 | | of the
Authority is that geographic
area within the boundaries |
7 | | of the following counties: Warren,
Henderson, Hancock,
|
8 | | McDonough, Fulton, Mason, Cass, Schuyler, Brown, Adams, Scott, |
9 | | Morgan,
and Pike and any
navigable waters and
air space |
10 | | located therein.
|
11 | | (b) The governing and administrative powers of the |
12 | | Authority shall be vested
in a body consisting of 21
members as |
13 | | follows:
|
14 | | (1) Ex officio members. The Director of Commerce and
|
15 | | Economic Opportunity, or
a designee of that Department, |
16 | | and the Director of Central
Management Services, or a
|
17 | | designee of that Department, shall serve as ex officio |
18 | | members.
|
19 | | (2) Public members. Six members shall be appointed by |
20 | | the Governor with the advice and
consent of the Senate. |
21 | | The county board chairmen of the following counties
shall |
22 | | each appoint one
member: Warren, Henderson, Hancock, |
23 | | McDonough, Fulton, Mason,
Cass, Schuyler, Brown,
Adams, |
24 | | Scott, Morgan, and Pike. All public members shall reside |
25 | | within
the territorial
jurisdiction of the Authority.
The |
26 | | public members shall be persons of recognized ability and |
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1 | | experience in one
or more of the following
areas: economic |
2 | | development, finance, banking, industrial development, |
3 | | state or
local government, commercial agriculture, small
|
4 | | business management, real
estate development, community |
5 | | development, venture finance, organized labor, or
civic or |
6 | | community
organization.
|
7 | | (c) 11 members shall constitute a quorum , and the Board |
8 | | may not meet or take any action without a quorum present .
|
9 | | (d) The chairman of the Authority shall be elected |
10 | | annually by the Board and must be a public member that resides |
11 | | within the territorial jurisdiction of the Authority.
|
12 | | (e) The terms of all initial members of the Authority |
13 | | shall begin 30 days
after the effective date of this
Act.
Of |
14 | | the 6 original public members appointed by the Governor, 2
|
15 | | shall serve until the third Monday in January, 2005; 1 shall |
16 | | serve until the
third Monday in January, 2006; 1 shall serve |
17 | | until the third Monday in January,
2007; 1 shall serve until |
18 | | the third Monday in January, 2008; and 1 shall serve
until the |
19 | | third Monday in January, 2009. The initial terms of the |
20 | | original public members appointed by the county board chairmen |
21 | | shall be determined by lot, according to the following |
22 | | schedule: (i) 3 shall serve until the third Monday in January, |
23 | | 2005, (ii) 3 shall serve until the third Monday in January, |
24 | | 2006, (iii) 3 shall serve until the third Monday in January, |
25 | | 2007, (iv) 2 shall serve until the third Monday in January, |
26 | | 2008, and (v) 2 shall serve until the third Monday in January, |
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1 | | 2009. All successors to these original
public
members shall be |
2 | | appointed by the original appointing authority and all |
3 | | appointments made by the Governor shall be made with the |
4 | | advice and consent of the Senate, pursuant to subsection (b), |
5 | | and shall hold office for a term of 6 years
commencing the |
6 | | third Monday in January of the year in which their term
|
7 | | commences, except in the case of an appointment to fill a |
8 | | vacancy.
Vacancies occurring among the public members shall be |
9 | | filled for the
remainder of the term. In case of
vacancy in a |
10 | | Governor-appointed membership when the Senate is not in |
11 | | session,
the Governor may make a
temporary appointment until |
12 | | the next meeting of the Senate when a person shall
be nominated |
13 | | to fill the
office and, upon confirmation by the Senate, he or |
14 | | she shall hold office during
the remainder of the term
and |
15 | | until a successor is appointed and qualified. Members of the |
16 | | Authority are
not entitled to
compensation for their services |
17 | | as members but are entitled to reimbursement
for all necessary |
18 | | expenses
incurred in connection with the performance of their |
19 | | duties as members.
|
20 | | (f) The Governor may remove any public member of the |
21 | | Authority in case of
incompetence, neglect of
duty, or |
22 | | malfeasance in office. The chairman of a county board may |
23 | | remove any
public member appointed
by that chairman in the |
24 | | case of incompetence, neglect of duty, or malfeasance
in |
25 | | office.
|
26 | | (g) The Board shall appoint an Executive Director who |
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1 | | shall have a
background in finance, including
familiarity with |
2 | | the legal and procedural requirements of issuing bonds, real
|
3 | | estate, or economic
development and administration. The |
4 | | Executive Director shall hold office at the
discretion of the |
5 | | Board.
The Executive Director shall be the chief |
6 | | administrative and operational
officer of the Authority, shall
|
7 | | direct and supervise its administrative affairs and general |
8 | | management, perform
such other duties as may
be prescribed |
9 | | from time to time by the members, and receive compensation |
10 | | fixed
by the Authority. The Department of Commerce and |
11 | | Community Affairs shall pay
the compensation of the Executive |
12 | | Director from appropriations received for
that purpose. The
|
13 | | Executive Director shall attend all meetings of the Authority. |
14 | | However, no
action of the Authority shall be
invalid on |
15 | | account of the absence of the Executive Director from a |
16 | | meeting. The
Authority may engage
the services of
the Illinois |
17 | | Finance Authority, attorneys, appraisers, engineers, |
18 | | accountants,
credit analysts, and other consultants if the |
19 | | Western Illinois Economic
Development Authority deems it |
20 | | advisable.
|
21 | | (Source: P.A. 93-874, eff. 8-6-04.) |
22 | | (70 ILCS 532/26 new) |
23 | | Sec. 26. Requests for assistance; disclosure of economic |
24 | | interests. |
25 | | (a) The Authority may not hear a request for assistance |
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1 | | from a restricted person. This prohibition extends to business |
2 | | relationships between a person who is an Authority leader |
3 | | within one year prior to the request for assistance and to any |
4 | | entity in which a restricted person holds or, within the past 2 |
5 | | years, held an ownership interest of 10% or more. |
6 | | (b) An Authority leader shall disclose and recuse himself |
7 | | or herself from matters relating to requests for assistance |
8 | | from an entity that is relocating full-time employees from |
9 | | another Authority's counties if (i) both Authorities contract |
10 | | with or employ the same Authority leader or (ii) there is or, |
11 | | within the past 2 years of the request, there was a business |
12 | | relationship between the Authority leaders at the 2 |
13 | | Authorities. |
14 | | (c) The Board of the Authority shall vote to renew the |
15 | | appointment of the Executive Director and other Authority |
16 | | leaders on an annual basis. All contracts shall be approved on |
17 | | an annual basis and use a public process to solicit |
18 | | applications. This requirement does not apply to full-time |
19 | | employees of the Authority unless otherwise required by |
20 | | applicable State law or local ordinance. |
21 | | (d) Each Authority leader shall submit a statement of |
22 | | economic interest in accordance with Article 4A of the |
23 | | Illinois Governmental Ethics Act. Additionally, each Authority |
24 | | leader shall disclose to the Board outside sources of income |
25 | | and any business relationships in economic development |
26 | | consulting or lobbying. Reporting shall include the source of |
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1 | | income, services provided, and timeline of when services were |
2 | | provided. If the source of income is a firm or organization |
3 | | with multiple clients, the report shall list all of the |
4 | | entities for which the individual provided services. |
5 | | (70 ILCS 532/27 new) |
6 | | Sec. 27. Open meetings; record disclosure. |
7 | | (a) The Authority is subject to the Open Meetings Act and |
8 | | the Freedom of Information Act. Documents subject to the |
9 | | Freedom of Information Act include, but are not limited to, |
10 | | expenses,
payroll, origination bonuses, and other financial |
11 | | details of the Authority. |
12 | | (b) A contract or agreement entered into by the Authority |
13 | | must be posted on the Authority's website. The Authority shall |
14 | | provide a detailed report of the Authority's financial |
15 | | information on the Authority's website, including, but not |
16 | | limited to, a statement of profits and losses, balance sheet, |
17 | | and income statement of the Authority. |
18 | | (70 ILCS 532/75)
|
19 | | Sec. 75. Reports ; commitment notice . The Authority shall |
20 | | annually submit a report of its
finances to the Auditor |
21 | | General.
The Authority shall annually submit a report of its |
22 | | activities to the Governor
and to the General Assembly.
|
23 | | The Authority shall provide notice to the General |
24 | | Assembly, the Department of Commerce and Economic Opportunity, |
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1 | | and the Governor once the Authority enters into a commitment |
2 | | to support the financing of a project. The notice to the |
3 | | General Assembly shall be filed with the Clerk of the House of |
4 | | Representatives and the Secretary of the Senate, in electronic |
5 | | form only, in the manner that the Clerk and the Secretary shall |
6 | | direct. |
7 | | (Source: P.A. 93-874, eff. 8-6-04.) |
8 | | Section 75. The Will-Kankakee Regional Development |
9 | | Authority Law is amended by changing Sections 3, 4, and 13 and |
10 | | by adding Sections 5.1 and 5.2 as follows:
|
11 | | (70 ILCS 535/3) (from Ch. 85, par. 7453)
|
12 | | Sec. 3. Definitions. The following terms, whenever used or |
13 | | referred to
in this Act, shall have the following meanings, |
14 | | except in such instances
where the context may clearly |
15 | | indicate otherwise:
|
16 | | (a) "Authority" means the Will-Kankakee Regional |
17 | | Development Authority
created by this Act.
|
18 | | (a-5) "Authority leader" means the Executive Director, |
19 | | Assistant Executive Director, or any other person serving in a |
20 | | management, administrative, or leadership role at the |
21 | | Authority. |
22 | | (b) "Governmental agency" means any federal, State or |
23 | | local governmental
body, and any agency or instrumentality |
24 | | thereof, corporate or otherwise.
|
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1 | | (c) "Person" means any natural person, firm, partnership, |
2 | | corporation,
both domestic and foreign, company, association |
3 | | or joint stock association
and includes any trustee, receiver, |
4 | | assignee or personal representative
thereof.
|
5 | | (c-5) "Restricted person" means a person who has a |
6 | | familial or business relationship with an Authority leader. |
7 | | (d) "Revenue bond" means any bond issued by the Authority |
8 | | the principal
and interest of which is payable solely from |
9 | | revenues or income
derived from any project or activity of the |
10 | | Authority.
|
11 | | (e) "Board" means the Will-Kankakee Regional Development |
12 | | Authority
Board of Directors.
|
13 | | (f) "Governor" means the Governor of the State of |
14 | | Illinois.
|
15 | | (g) "City" means any city, village, incorporated town or |
16 | | township
within the geographical territory of the Authority.
|
17 | | (h) "Industrial project" means (1) a capital project, |
18 | | including one or
more buildings and other structures, |
19 | | improvements, machinery and equipment
whether or not on the |
20 | | same site or sites now existing or hereafter
acquired, |
21 | | suitable for use by any manufacturing, industrial, research,
|
22 | | transportation or commercial enterprise including but not |
23 | | limited to use
as a factory, mill, processing plant, assembly |
24 | | plant, packaging plant,
fabricating plant, office building, |
25 | | industrial distribution center,
warehouse, repair, overhaul or |
26 | | service facility, freight terminal, research
facility, test |
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1 | | facility, railroad facility, solid waste and wastewater
|
2 | | treatment and disposal sites and other pollution control |
3 | | facilities,
resource or waste reduction, recovery, treatment |
4 | | and disposal facilities,
and including also the sites thereof |
5 | | and other rights in land therefor
whether improved or |
6 | | unimproved, site preparation and landscaping and all
|
7 | | appurtenances and facilities incidental thereto such as |
8 | | utilities, access
roads, railroad sidings, truck docking and |
9 | | similar facilities, parking
facilities, dockage, wharfage, |
10 | | railroad roadbed, track, trestle, depot,
terminal, switching |
11 | | and signaling equipment or related equipment and other
|
12 | | improvements necessary or convenient thereto; or (2) any land, |
13 | | buildings,
machinery or equipment comprising an addition to or |
14 | | renovation,
rehabilitation or improvement of any existing |
15 | | capital project.
|
16 | | (h-5) "Housing project" or "residential project" includes |
17 | | a specific work or improvement undertaken to provide dwelling |
18 | | accommodations, including the acquisition, construction or |
19 | | rehabilitation of lands, buildings and community facilities |
20 | | and in connection therewith to provide nonhousing facilities |
21 | | which are an integral part of a planned large-scale project or |
22 | | new community. |
23 | | (i) "Commercial project" means any project, including but |
24 | | not limited to
one or more buildings and other structures, |
25 | | improvements, machinery and
equipment whether or not on the |
26 | | same site or sites now existing or
hereafter acquired, |
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1 | | suitable for use by any retail or wholesale concern,
|
2 | | distributorship or agency, any cultural facilities of a |
3 | | for-profit or
not-for-profit type including but not limited to |
4 | | educational, theatrical,
recreational and entertainment, |
5 | | sports facilities, racetracks, stadiums,
convention centers, |
6 | | exhibition halls, arenas, opera houses and theaters,
|
7 | | waterfront improvements, swimming pools, boat storage, |
8 | | moorage, docking
facilities, restaurants, velodromes, |
9 | | coliseums, sports training facilities,
parking facilities, |
10 | | terminals, hotels and motels, gymnasiums, medical
facilities |
11 | | and port facilities.
|
12 | | (j) "Project" means an industrial, commercial or
service |
13 | | project or any combination thereof provided that all uses |
14 | | shall
fall within one of the categories described above. Any |
15 | | project, of any
nature whatsoever, shall automatically include |
16 | | all site improvements and
new construction involving |
17 | | sidewalks, sewers, solid waste and wastewater
treatment and |
18 | | disposal sites and other pollution control facilities,
|
19 | | resource or waste reduction, recovery, treatment and disposal |
20 | | facilities,
parks, open spaces, wildlife sanctuaries, streets, |
21 | | highways and runways.
|
22 | | (k) "Lease agreement" shall mean an agreement whereby a |
23 | | project acquired
by the Authority by purchase, gift or lease |
24 | | is leased to any person or
corporation which will use or cause |
25 | | the project to be used as a project as
heretofore defined upon |
26 | | terms providing for lease rental payments at least
sufficient |
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1 | | to pay when due all principal of and interest and premium, if |
2 | | any,
on any bonds, notes or other evidences of indebtedness of |
3 | | the Authority
issued with respect to such project, providing |
4 | | for the maintenance,
insurance and operation of the project on |
5 | | terms satisfactory to the
Authority and providing for |
6 | | disposition of the project upon termination of
the lease term, |
7 | | including purchase options or abandonment of the premises,
|
8 | | with such other terms as may be deemed desirable by the |
9 | | Authority.
|
10 | | (l) "Loan agreement" means any agreement pursuant to which |
11 | | the Authority
agrees to loan the proceeds of its bonds, notes |
12 | | or other evidences of
indebtedness issued with respect to a |
13 | | project to any person or corporation
which will use or cause |
14 | | the project to be used as a project as heretofore
defined upon |
15 | | terms providing for loan repayment installments at least
|
16 | | sufficient to pay when due all principal of and interest and |
17 | | premium, if any,
on any bonds, notes or other evidences of |
18 | | indebtedness of the Authority
issued with respect to the |
19 | | project, providing for maintenance,
insurance and operation of |
20 | | the project on terms satisfactory to the
Authority and |
21 | | providing for other matters as may be deemed advisable by
the |
22 | | Authority.
|
23 | | (m) "Financial aid" means the expenditure of Authority |
24 | | funds or funds
provided by the Authority through the issuance |
25 | | of its revenue bonds, notes
or other evidences of indebtedness |
26 | | for the development, construction,
acquisition or improvement |
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1 | | of a project.
|
2 | | (n) "Costs incurred in connection with the development, |
3 | | construction,
acquisition or improvement of a project" means |
4 | | the following: the cost of
purchase and construction of all |
5 | | lands and improvements in connection
therewith and equipment |
6 | | and other property, rights, easements and franchises
acquired |
7 | | which are deemed necessary for such construction; financing
|
8 | | charges; interest costs with respect to bonds, notes and other |
9 | | evidences of
indebtedness of the Authority prior to and during |
10 | | construction and for a
period of 6 months thereafter; |
11 | | engineering and legal expenses; the costs of
plans, |
12 | | specifications, surveys and estimates of costs and other |
13 | | expenses
necessary or incident to determining the feasibility |
14 | | or practicability of
any project, together with such other |
15 | | expenses as may be necessary or
incident to the financing, |
16 | | insuring, acquisition and construction of a
specific project |
17 | | and the placing of the same in operation.
|
18 | | (o) "Terminal" means a public place, station or depot for |
19 | | receiving and
delivering passengers, baggage, mail, freight or |
20 | | express matter and any
combination thereof in connection with |
21 | | the transportation of
persons and property on water or land or |
22 | | in the air.
|
23 | | (p) "Terminal facilities" means all land, buildings, |
24 | | structures,
improvements, equipment and appliances useful in |
25 | | the operation of public
warehouse, storage and transportation |
26 | | facilities and industrial,
manufacturing or commercial |
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1 | | activities for the accommodation of or in
connection with |
2 | | commerce by water or land or in the air or useful as an
aid, or |
3 | | constituting an advantage or convenience to, the safe landing,
|
4 | | taking off and navigation of aircraft or the safe and |
5 | | efficient operation
or maintenance of a public airport.
|
6 | | (q) "Port facilities" means all public structures, except |
7 | | terminal
facilities as defined herein, that are in, over, |
8 | | under or adjacent to
navigable waters and are necessary for or |
9 | | incident to the furtherance of
water commerce and includes the |
10 | | widening and deepening of slips, harbors
and navigable waters.
|
11 | | (r) "Airport" means any locality, either land or water, |
12 | | which is used or
designed for the landing and taking off of |
13 | | aircraft or for the location of
runways, landing fields, |
14 | | aerodromes, hangars, buildings, structures,
airport roadways |
15 | | and other facilities.
|
16 | | (Source: P.A. 98-750, eff. 1-1-15 .)
|
17 | | (70 ILCS 535/4) (from Ch. 85, par. 7454)
|
18 | | Sec. 4. Establishment.
|
19 | | (a) There is hereby created a political subdivision, body |
20 | | politic
and municipal corporation named the Will-Kankakee |
21 | | Regional Development
Authority. The territorial jurisdiction |
22 | | of the Authority is that geographic
area within the boundaries |
23 | | of Will and Kankakee counties in the State of
Illinois and any |
24 | | navigable waters and air space located therein.
|
25 | | (b) The governing and administrative powers of the |
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1 | | Authority shall be
vested in a body consisting of 10 members |
2 | | including, as an ex officio
member, the Director of Commerce |
3 | | and Economic Opportunity,
or his or her designee. The other 9 |
4 | | members of the Authority shall be
designated "public members", |
5 | | 3 of whom shall be appointed by the Governor,
3 of whom shall |
6 | | be appointed by the county board chairman of Will County,
and 3 |
7 | | of whom shall be appointed by the county board chairman of |
8 | | Kankakee
County. All public members shall reside within the |
9 | | territorial
jurisdiction of this Act. Six members shall |
10 | | constitute a quorum , and the Board may not meet or take any |
11 | | action without a quorum present . The public
members shall be |
12 | | persons of recognized ability and experience in one or
more of |
13 | | the following areas: economic development, finance, banking,
|
14 | | industrial development, small business management, real estate |
15 | | development,
community development, venture finance, organized |
16 | | labor or civic, community
or neighborhood organization. The |
17 | | Chairman of the Authority shall be
elected by the Board |
18 | | annually from the 6 members appointed by the county
board |
19 | | chairmen.
|
20 | | (c) The terms of all members of the Authority shall begin |
21 | | 30 days after
the effective date of this Act. Of the 9 public |
22 | | members appointed pursuant
to this Act, 3 shall serve until |
23 | | the third Monday in January 1992, 3 shall
serve until the third |
24 | | Monday in January 1993, and 3 shall serve until the
third |
25 | | Monday in January 1994. All successors shall be appointed by |
26 | | the
original appointing authority and hold office for a term |
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1 | | of 3 years
commencing the third Monday in January of the year |
2 | | in which their term
commences, except in case of an |
3 | | appointment to fill a vacancy. Vacancies
occurring among the |
4 | | public members shall be filled for the remainder of the
term. |
5 | | In case of vacancy in a Governor-appointed membership when the |
6 | | Senate
is not in session, the Governor may make a temporary |
7 | | appointment until the
next meeting of the Senate when a person |
8 | | shall be nominated to fill such
office, and any person so |
9 | | nominated who is confirmed by the Senate shall
hold office |
10 | | during the remainder of the term and until a successor shall be
|
11 | | appointed and qualified. Members of the Authority shall not be |
12 | | entitled to
compensation for their services as members but may |
13 | | be reimbursed for all
necessary expenses incurred in |
14 | | connection with the performance of their
duties as members.
|
15 | | (d) The Governor may remove any public member of the |
16 | | Authority in case
of incompetency, neglect of duty, or |
17 | | malfeasance in office.
|
18 | | (e) The Board may appoint an Executive Director who shall |
19 | | have a
background in finance, including familiarity with the |
20 | | legal and
procedural requirements of issuing bonds, real |
21 | | estate or economic
development and administration. The |
22 | | Executive Director shall hold office
at the discretion of the |
23 | | Board. The Executive Director shall be the chief
|
24 | | administrative and operational officer of the Authority, shall |
25 | | direct
and supervise its administrative affairs and general |
26 | | management, shall perform
such other duties as may be |
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1 | | prescribed from time to time by the members and
shall receive |
2 | | compensation fixed by the Authority. The Executive Director
|
3 | | shall attend all meetings of the Authority; however, no action |
4 | | of the
Authority shall be invalid on account of the absence of |
5 | | the Executive
Director from a meeting. The Authority may |
6 | | engage the services of such
other agents and employees, |
7 | | including attorneys, appraisers, engineers,
accountants, |
8 | | credit analysts and other consultants, as it may deem
|
9 | | advisable and may prescribe their duties and fix their |
10 | | compensation.
|
11 | | (f) The Board may, by majority vote, nominate up to 4 |
12 | | non-voting members
for appointment by the Governor. Non-voting |
13 | | members shall be persons of
recognized ability and experience |
14 | | in one or more of the following areas:
economic development, |
15 | | finance, banking, industrial development, small
business |
16 | | management, real estate development, community development,
|
17 | | venture finance, organized labor or civic, community or |
18 | | neighborhood
organization. Non-voting members shall serve at |
19 | | the pleasure of the Board.
All non-voting members may attend |
20 | | meetings of the Board and may be
reimbursed as provided in |
21 | | subsection (c).
|
22 | | (g) The Board shall create a task force to study and make
|
23 | | recommendations to the Board on the economic development of |
24 | | the territory
within the jurisdiction of this Act. The members |
25 | | of the task force shall
reside within the territorial |
26 | | jurisdiction of this Act, shall serve at the
pleasure of the |
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1 | | Board and shall be persons of recognized ability and
|
2 | | experience in one or more of the following areas: economic |
3 | | development,
finance, banking, industrial development, small |
4 | | business management, real
estate development, community |
5 | | development, venture finance, organized labor
or civic, |
6 | | community or neighborhood organization. The number of members
|
7 | | constituting the task force shall be set by the Board and may |
8 | | vary from
time to time. The Board may set a specific date by |
9 | | which the task force is
to submit its final report and |
10 | | recommendations to the Board.
|
11 | | (Source: P.A. 94-793, eff. 5-19-06.)
|
12 | | (70 ILCS 535/5.1 new) |
13 | | Sec. 5.1. Requests for assistance; disclosure of economic |
14 | | interests. |
15 | | (a) The Authority may not hear a request for assistance |
16 | | from a restricted person. This prohibition extends to business |
17 | | relationships between a person who is an Authority leader |
18 | | within one year prior to the request for assistance and to any |
19 | | entity in which a restricted person holds or, within the past 2 |
20 | | years, held an ownership interest of 10% or more. |
21 | | (b) An Authority leader shall disclose and recuse himself |
22 | | or herself from matters relating to requests for assistance |
23 | | from an entity that is relocating full-time employees from |
24 | | another Authority's counties if (i) both Authorities contract |
25 | | with or employ the same Authority leader or (ii) there is or, |
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1 | | within the past 2 years of the request, there was a business |
2 | | relationship between the Authority leaders at the 2 |
3 | | Authorities. |
4 | | (c) The Board of the Authority shall vote to renew the |
5 | | appointment of the Executive Director and other Authority |
6 | | leaders on an annual basis. All contracts shall be approved on |
7 | | an annual basis and use a public process to solicit |
8 | | applications. This requirement does not apply to full-time |
9 | | employees of the Authority unless otherwise required by |
10 | | applicable State law or local ordinance. |
11 | | (d) Each Authority leader shall submit a statement of |
12 | | economic interest in accordance with Article 4A of the |
13 | | Illinois Governmental Ethics Act. Additionally, each Authority |
14 | | leader shall disclose to the Board outside sources of income |
15 | | and any business relationships in economic development |
16 | | consulting or lobbying. Reporting shall include the source of |
17 | | income, services provided, and timeline of when services were |
18 | | provided. If the source of income is a firm or organization |
19 | | with multiple clients, the report shall list all of the |
20 | | entities for which the individual provided services. |
21 | | (70 ILCS 535/5.2 new) |
22 | | Sec. 5.2. Open meetings; record disclosure. |
23 | | (a) The Authority is subject to the Open Meetings Act and |
24 | | the Freedom of Information Act. Documents subject to the |
25 | | Freedom of Information Act include, but are not limited to, |
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1 | | expenses,
payroll, origination bonuses, and other financial |
2 | | details of the Authority. |
3 | | (b) A contract or agreement entered into by the Authority |
4 | | must be posted on the Authority's website. The Authority shall |
5 | | provide a detailed report of the Authority's financial |
6 | | information on the Authority's website, including, but not |
7 | | limited to, a statement of profits and losses, balance sheet, |
8 | | and income statement of the Authority.
|
9 | | (70 ILCS 535/13) (from Ch. 85, par. 7463)
|
10 | | Sec. 13. Reports ; commitment notice . The Authority shall |
11 | | annually submit a report of
its finances to the Auditor |
12 | | General. The Authority shall annually submit a
report of its |
13 | | activities to the Governor and General Assembly.
|
14 | | The Authority shall provide notice to the General |
15 | | Assembly, the Department of Commerce and Economic Opportunity, |
16 | | and the Governor once the Authority enters into a commitment |
17 | | to support the financing of a project. The notice to the |
18 | | General Assembly shall be filed with the Clerk of the House of |
19 | | Representatives and the Secretary of the Senate, in electronic |
20 | | form only, in the manner that the Clerk and the Secretary shall |
21 | | direct. |
22 | | (Source: P.A. 86-1481.)
|
23 | | Section 99. Effective date. This Act takes effect July 1, |
24 | | 2023.
|