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HB1080 Engrossed |
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LRB094 06739 AJO 36838 b |
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| AN ACT concerning economic development.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the |
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| Southern Illinois
Economic Development Authority
Act .
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| Section 10. Findings. The General Assembly determines and |
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| declares the
following:
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| (1) that labor surplus areas currently exist in southern |
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| Illinois;
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| (2) that the economic burdens resulting from involuntary |
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| unemployment fall,
in part, upon the State in
the form of |
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| increased need for public assistance and reduced tax revenues |
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| and,
in the event that the
unemployed worker and his or her |
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| family migrate elsewhere to find work, the
burden may also fall |
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| upon
the municipalities and other taxing districts within the |
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| areas of unemployment
in the form of reduced tax
revenues, |
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| thereby endangering their financial ability to support |
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| necessary
governmental services for their
remaining |
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| inhabitants;
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| (3) that the State has a responsibility to help create a |
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| favorable climate
for new and improved job
opportunities for |
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| its citizens by encouraging the development of tourism, |
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| commercial, and
service businesses and
industrial and |
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| manufacturing plants within southern Illinois;
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| (4) that a lack of decent housing contributes to urban |
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| blight, crime,
anti-social behavior, disease, a higher
need for |
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| public assistance, reduced tax revenues, and the migration of |
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| workers
and their families away from
areas which fail to offer |
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| adequate, decent, and affordable housing;
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| (5) that decent, affordable housing is a necessary |
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| ingredient of life
affording each citizen basic human
dignity, |
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| a sense of self worth, confidence, and a firm foundation upon |
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HB1080 Engrossed |
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LRB094 06739 AJO 36838 b |
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| which to
build a family and educate
children;
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| (6) that in order to foster civic and neighborhood pride, |
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| citizens require
access to educational institutions,
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| recreation, parks and open spaces, entertainment, sports, a |
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| reliable
transportation network, cultural
facilities, and |
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| theaters; and
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| (7) that the main purpose of this Act is to promote |
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| industrial, commercial,
residential, service,
transportation, |
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| and recreational activities and facilities, thereby reducing
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| the evils attendant upon
unemployment and enhancing the public |
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| health, safety, morals, happiness, and
general welfare of the |
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| State.
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| Section 15. Definitions. In this Act:
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| "Authority" means the Southern Illinois Economic |
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| Development Authority.
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| "Governmental agency" means any federal, State, or local |
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| governmental body
and any agency or
instrumentality thereof, |
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| corporate or otherwise.
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| "Person" means any natural person, firm, partnership, |
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| corporation, both
domestic and foreign,
company, association |
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| or joint stock association and includes any trustee,
receiver, |
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| assignee or personal
representative thereof.
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| "Revenue bond" means any bond issued by the Authority, the |
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| principal and
interest of which is payable
solely from revenues |
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| or income derived from any project or activity of the
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| Authority.
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| "Board" means the Board of Directors of the Southern |
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| Illinois Economic
Development Authority.
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| "Governor" means the Governor of the State of Illinois.
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| "City" means any city, village, incorporated town, or |
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| township within the
geographical territory of the
Authority.
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| "Industrial project" means the following:
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| (1) a capital project, including one or more buildings and |
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| other
structures, improvements,
machinery and equipment |
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| whether or not on the same site or sites now existing
or |
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| hereafter acquired,
suitable for use by any manufacturing, |
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| industrial, research, transportation or
commercial enterprise
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| including but not limited to use as a factory, mill, processing |
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| plant, assembly
plant, packaging plant,
fabricating plant, |
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| ethanol plant, office building, industrial distribution
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| center, warehouse,
repair, overhaul or service
facility, |
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| freight terminal, research facility, test facility, power |
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| generation facility, mining operation, railroad
facility, |
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| solid waste and wastewater
treatment and disposal sites and |
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| other pollution control facilities, resource
or waste |
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| reduction, recovery,
treatment and disposal facilities, |
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| tourism-related facilities, including hotels, theaters, water |
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| parks, and amusement parks, and including also the sites |
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| thereof and
other rights in land therefore
whether improved or |
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| unimproved, site preparation and landscaping and all
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| appurtenances and facilities
incidental thereto such as |
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| utilities, access roads, railroad sidings, truck
docking and |
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| similar facilities,
parking facilities, dockage, wharfage, |
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| railroad roadbed, track, trestle, depot,
terminal, switching |
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| and
signaling equipment or related equipment and other |
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| improvements necessary or
convenient thereto; or
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| (2) any land, buildings, machinery or equipment comprising |
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| an addition to or
renovation,
rehabilitation or improvement of |
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| any existing capital project.
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| "Commercial project" means any project, including, but not |
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| limited to, one or
more buildings and other
structures, |
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| improvements, machinery, and equipment, whether or not on the |
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| same
site or sites now existing
or hereafter acquired, suitable |
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| for use by any retail or wholesale concern,
distributorship, or |
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| agency, or health facility or retirement facility.
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| "Project" means an industrial, housing, residential, |
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| commercial, or service
project, or any combination
thereof, |
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| provided that all uses fall within one of the categories |
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| described
above. Any project automatically
includes all site |
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| improvements and new construction involving sidewalks,
sewers, |
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| solid waste and
wastewater treatment and disposal sites and |
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| other pollution control facilities,
resource or waste |
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| reduction,
recovery, treatment and disposal facilities, parks, |
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| open spaces, wildlife
sanctuaries, streets, highways, and
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| runways.
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| "Lease agreement" means an agreement in which a project |
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| acquired by the
Authority by purchase, gift,
or lease is leased |
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| to any person or corporation that will use, or cause the
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| project to be used, as a project,
upon terms providing for |
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| lease rental payments at least sufficient to pay, when due, all |
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| principal of and
interest and premium, if any, on any bonds, |
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| notes, or other evidences of indebtedness of the Authority,
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| issued with respect to the project, providing for the |
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| maintenance, insurance, and operation of the project on
terms |
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| satisfactory to the Authority and providing for disposition of |
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| the project upon termination of the lease
term, including |
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| purchase options or abandonment of the premises, with other |
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| terms as may be deemed
desirable by the Authority.
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| "Loan agreement" means any agreement in which the Authority |
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| agrees to loan
the proceeds of its bonds,
notes, or other |
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| evidences of indebtedness, issued with respect to a project, to
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| any person or corporation
which will use or cause the project |
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| to be used as a project, upon terms
providing for loan |
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| repayment
installments at least sufficient to pay, when due, |
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| all principal of and
interest and premium, if any, on any
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| bonds, notes, or other evidences of indebtedness of the |
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| Authority issued with
respect to the project,
providing for |
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| maintenance, insurance, and operation of the project on terms
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| satisfactory to the Authority
and providing for other terms |
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| deemed advisable by the Authority.
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| "Financial aid" means the expenditure of Authority funds or |
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| funds provided by
the Authority for the
development, |
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| construction, acquisition or improvement of a project, through |
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| the
issuance of revenue bonds,
notes, or other evidences of |
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| indebtedness.
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| "Costs incurred in connection with
the development, |
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| construction, acquisition or improvement of a
project" means |
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HB1080 Engrossed |
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LRB094 06739 AJO 36838 b |
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| the following:
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| (1) the cost of purchase and construction of all lands and |
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| improvements in
connection therewith and
equipment and other |
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| property, rights, easements, and franchises acquired which
are |
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| deemed necessary for
the construction;
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| (2) financing charges;
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| (3) interest costs with respect to bonds, notes, and other |
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| evidences of
indebtedness of the Authority
prior to and during |
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| construction and for a period of 6 months thereafter;
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| (4) engineering and legal expenses; and
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| (5) the costs of plans, specifications, surveys, and |
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| estimates of costs and
other expenses necessary or
incident to |
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| determining the feasibility or practicability of any project,
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| together with such other expenses as
may be necessary or |
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| incident to the financing, insuring, acquisition, and
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| construction of a specific project
and the placing of the same |
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| in operation.
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| Section 20. Creation.
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| (a) There is created a political subdivision, body politic, |
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| and municipal
corporation named the Southern
Illinois Economic |
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| Development Authority. The territorial jurisdiction of the
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| Authority is that geographic
area within the boundaries of the |
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| following counties: Franklin, Williamson, Jackson, Union, |
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| Alexander, Pulaski, Massac, Pope, Saline, Hardin, Gallatin, |
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| and Johnson and any
navigable waters and
air space located |
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| therein.
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| (b) The governing and administrative powers of the |
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| Authority shall be vested
in a body consisting of 10
members as |
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| follows: |
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| (1) Nine members shall be appointed by the Governor
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| with the advice and
consent of the Senate. |
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| (2) One member shall be appointed by the Director of |
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| Commerce and Economic Opportunity. |
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| All public members shall reside within
the territorial
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| jurisdiction of the Authority.
The public members shall be |
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| persons of recognized ability and experience in one
or more of |
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| the following
areas: economic development, finance, banking, |
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| industrial development, state or
local government, commercial |
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| agriculture, small
business management, real
estate |
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| development, community development, venture finance, organized |
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| labor, or
civic or community
organization.
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| (c) Six members shall constitute a quorum.
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| (d) The chairman of the Authority shall be elected annually |
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| by the Board.
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| (e) The terms of all initial members of the Authority shall |
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| begin 30 days
after the effective date of this
Act. Of the 10 |
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| original members appointed pursuant to subsection (b), one |
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| shall serve until the third Monday in January, 2007; one shall |
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| serve until the third Monday in January, 2008; 2 shall serve |
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| until the third Monday in January, 2009; 2 shall serve until |
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| the third Monday in January, 2010; 2 shall serve until the |
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| third Monday in January, 2011; and 2 shall serve until the |
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| third Monday in January, 2012. All successors to these original |
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| public members shall be appointed by the Governor with the |
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| advice and consent of the Senate, or by the Director of |
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| Commerce and Economic Opportunity, as the case may be, pursuant |
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| to subsection (b), and shall hold office for a term of 3 years |
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| commencing the third Monday in January of the year in which |
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| their term commences, except in the case of an appointment to |
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| fill a vacancy. Vacancies occurring among the public members |
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| shall be filled for the
remainder of the term. In case of
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| vacancy in a Governor-appointed membership when the Senate is |
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| not in session,
the Governor may make a
temporary appointment |
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| until the next meeting of the Senate when a person shall
be |
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| nominated to fill the
office and, upon confirmation by the |
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| Senate, he or she shall hold office during
the remainder of the |
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| term
and until a successor is appointed and qualified. Members |
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| of the Authority are
not entitled to
compensation for their |
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| services as members but are entitled to reimbursement
for all |
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| necessary expenses
incurred in connection with the performance |
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| of their duties as members.
Members of the Board may |
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| participate in Board meetings by teleconference or video |
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| conference.
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| (f) The Governor may remove any public member of the |
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| Authority appointed by the Governor, and the Director of |
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| Commerce and Economic Opportunity may remove any public member |
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| appointed by the Director, in case of
incompetence, neglect of
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| duty, or malfeasance in office.
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| (g) The Board shall appoint an Executive Director who shall |
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| have a
background in finance, including
familiarity with the |
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| legal and procedural requirements of issuing bonds, real
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| estate, or economic
development and administration. The |
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| Executive Director shall hold office at the
discretion of the |
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| Board.
The Executive Director shall be the chief administrative |
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| and operational
officer of the Authority, shall
direct and |
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| supervise its administrative affairs and general management, |
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| perform
such other duties as may
be prescribed from time to |
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| time by the members, and receive compensation fixed
by the |
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| Authority. The
Executive Director shall attend all meetings of |
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| the Authority. However, no
action of the Authority shall be
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| invalid on account of the absence of the Executive Director |
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| from a meeting. The
Authority may engage
the services of the |
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| Illinois Finance Authority, attorneys, appraisers,
engineers, |
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| accountants, credit
analysts, and other consultants, if the |
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| Southern Illinois Economic Development Authority deems it |
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| advisable.
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| Section 25. Duty. All official acts of the Authority shall |
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| require the
approval of at least 6 members. It
shall be the |
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| duty of the Authority to promote development within the |
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| territorial jurisdiction of the Authority. The Authority shall |
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| use the powers conferred upon it to assist in the
development, |
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| construction,
and acquisition of industrial, commercial, |
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| housing, or residential projects
within its territorial |
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| jurisdiction.
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| Section 30. Powers.
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| (a) The Authority possesses all the powers of a body |
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| corporate necessary and
convenient to accomplish
the purposes |
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| of this Act, including, without any intended limitation upon |
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| the
general powers hereby
conferred, the following powers:
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| (1) to enter into loans, contracts, agreements, and |
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| mortgages in any
matter connected with any of
its corporate |
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| purposes and to invest its funds;
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| (2) to sue and be sued;
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| (3) to utilize services of the Illinois Finance |
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| Authority;
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| (4) to have and use a common seal and to alter the seal |
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| at its discretion;
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| (5) to adopt all needful ordinances, resolutions, |
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| by-laws, rules, and
regulations for the conduct of
its |
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| business and affairs and for the management and use of the |
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| projects
developed, constructed, acquired,
and improved in |
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| furtherance of its purposes;
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| (6) to own or finance communications projects such as |
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| telecommunications, fiber optics, and data transfer |
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| projects;
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| (7) to designate the fiscal year for the Authority;
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| (8) to accept and expend appropriations;
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| (9) to acquire, own, lease, sell, or otherwise dispose |
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| of interests in and
to real property and
improvements |
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| situated on that real property and in personal property |
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| necessary
to fulfill the purposes of the
Authority;
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| (10) to engage in any activity or operation which is |
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| incidental to and in
furtherance of efficient
operation to |
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| accomplish the Authority's primary purpose;
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| (11) to acquire, own, construct, lease, operate, and |
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| maintain bridges,
terminals, terminal facilities,
and port |
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| facilities and to fix and collect just, reasonable, and
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| nondiscriminatory charges for the use of such
facilities. |
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| These charges shall be used to defray the reasonable |
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| expenses of
the Authority and to pay the
principal and |
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| interest of any revenue bonds issued by the Authority;
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| (12) subject to any applicable condition imposed by |
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| this Act, to locate,
establish and maintain a
public |
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| airport, public airports and public airport facilities |
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| within its
corporate limits or within or upon any
body of |
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| water adjacent thereto and to construct, develop, expand, |
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| extend and
improve any such airport or
airport facility; |
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| and
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| (13) to have and exercise all powers and be subject to |
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| all duties usually
incident to boards of
directors of |
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| corporations.
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| (b) The Authority shall not issue any bonds relating to the |
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| financing of a
project located within the
planning and |
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| subdivision control jurisdiction of any municipality or county
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| unless notice, including a
description of the proposed project |
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| and the financing for that project, is
submitted to the |
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| corporate
authorities of the municipality or, in the case of a |
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| proposed project in an
unincorporated area, to the county
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| board.
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| (c) If any of the powers set forth in this Act are |
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| exercised within the
jurisdictional limits of any
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| municipality, all ordinances of the municipality remain in full |
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| force and
effect and are controlling.
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| Section 35. Bonds.
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| (a) The Authority, with the written approval of the |
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| Governor, shall have the
continuing power to issue
bonds, |
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| notes, or other evidences of indebtedness in an aggregate |
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| amount not to
exceed $250,000,000 for the
following purposes: |
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| (i) development, construction, acquisition, or improvement
of |
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| projects, including those
established by business entities |
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| locating or expanding property within the
territorial |
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| jurisdiction of the
Authority; (ii) entering into venture |
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| capital agreements with businesses
locating or expanding |
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| within the
territorial jurisdiction of the Authority; (iii) |
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| acquisition and improvement of
any property necessary and
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| useful in connection therewith; and (iv) for the purposes of |
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| the Employee
Ownership Assistance Act. For
the purpose of |
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| evidencing the obligations of the Authority to repay any money
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| borrowed, the Authority
may, pursuant to resolution, from time |
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| to time, issue and dispose of its interest-bearing revenue |
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| bonds,
notes, or other evidences of indebtedness and may also |
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| from time to time issue and dispose of such bonds,
notes, or |
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| other evidences of indebtedness to refund, at maturity, at a |
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| redemption date or in advance of
either, any bonds, notes, or |
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| other evidences of indebtedness pursuant to redemption |
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| provisions or at any
time before maturity. All such bonds, |
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| notes, or other evidences of indebtedness shall be payable |
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| solely and
only from the revenues or income to be derived from |
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| loans made with respect to projects, from the leasing
or sale |
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| of the projects, or from any other funds available to the |
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| Authority for such purposes. The bonds,
notes, or other |
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| evidences of indebtedness may bear such date or dates, may |
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| mature at such time or times not
exceeding 40 years from their |
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| respective dates, may bear interest at such rate or rates not |
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| exceeding the
maximum rate permitted by the Bond Authorization |
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| Act, may be in such form, may carry such registration
|
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| privileges, may be executed in such manner, may be payable at |
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| such place or places, may be made subject
to redemption in such |
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| manner and upon such terms, with or without premium, as is |
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| stated on the face
thereof, may be authenticated in such manner |
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| and may contain such terms and
covenants as may be
provided by |
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| an applicable resolution.
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| (b) The holder or holders of any bonds, notes, or other |
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| evidences of
indebtedness issued by the
Authority may bring |
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| suits at law or proceedings in equity to compel the
performance |
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| and observance by
any corporation or person or by the Authority |
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| or any of its agents or employees
of any contract or covenant
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| made with the holders of the bonds, notes, or other evidences |
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| of indebtedness,
to compel such corporation,
person, the |
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| Authority, and any of its agents or employees to perform any |
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| duties
required to be performed
for the benefit of the holders |
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| of the bonds, notes, or other evidences of
indebtedness by the |
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| provision of the
resolution authorizing their issuance and to |
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| enjoin the corporation, person,
the Authority, and any of its
|
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| agents or employees from taking any action in conflict with any |
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| contract or
covenant.
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| (c) If the Authority fails to pay the principal of or |
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| interest on any of the
bonds or premium, if any, as the
bond |
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| becomes due, a civil action to compel payment may be instituted |
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| in the
appropriate circuit court by
the holder or holders of |
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| the bonds on which the default of payment exists or by
an |
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| indenture trustee acting
on behalf of the holders. Delivery of |
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| a summons and a copy of the complaint to
the chairman of the |
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| Board
shall constitute sufficient service to give the circuit |
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| court jurisdiction over
the subject matter of the suit and
|
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| jurisdiction over the Authority and its officers named as |
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| defendants for the
purpose of compelling such
payment. Any |
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| case, controversy, or cause of action concerning the validity |
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| of
this Act relates to the
revenue of the State of Illinois.
|
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| (d) Notwithstanding the form and tenor of any bond, note, |
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| or other evidence
of indebtedness and in
the absence of any |
20 |
| express recital on its face that it is non-negotiable, all
such |
21 |
| bonds, notes, and other
evidences of indebtedness shall be |
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| negotiable instruments. Pending the
preparation and execution |
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| of any
bonds, notes, or other evidences of indebtedness, |
24 |
| temporary bonds, notes, or
evidences of indebtedness may
be |
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| issued as provided by ordinance.
|
26 |
| (e) To secure the payment of any or all of such bonds, |
27 |
| notes, or other
evidences of indebtedness, the
revenues to be |
28 |
| received by the Authority from a lease agreement or loan
|
29 |
| agreement shall be pledged, and,
for the purpose of setting |
30 |
| forth the covenants and undertakings of the
Authority in |
31 |
| connection with the
issuance of the bonds, notes, or other |
32 |
| evidences of indebtedness and the
issuance of any additional |
33 |
| bonds,
notes or other evidences of indebtedness payable from |
34 |
| such revenues, income, or other funds to be derived
from |
35 |
| projects, the Authority may execute and deliver a mortgage or |
36 |
| trust agreement. A remedy for any
breach or default of the |
|
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| terms of any mortgage or trust agreement by the Authority may |
2 |
| be by mandamus
proceeding in the appropriate circuit court to |
3 |
| compel performance and compliance under the terms of the
|
4 |
| mortgage or trust agreement, but the trust agreement may |
5 |
| prescribe by whom or on whose behalf the action
may be |
6 |
| instituted.
|
7 |
| (f) Bonds or notes shall be secured as provided in the |
8 |
| authorizing ordinance which may include,
notwithstanding any |
9 |
| other provision of this Act, in addition to any other security, |
10 |
| a specific pledge,
assignment of and lien on, or security |
11 |
| interest in any or all revenues or money of the Authority, from
|
12 |
| whatever source, which may, by law, be used for debt service |
13 |
| purposes and a
specific pledge, or assignment
of and lien on, |
14 |
| or security interest in any funds or accounts established or
|
15 |
| provided for by ordinance of the
Authority authorizing the |
16 |
| issuance of the bonds or notes.
|
17 |
| (g) The State of Illinois pledges to and agrees with the |
18 |
| holders of the
bonds and notes of the Authority
issued pursuant |
19 |
| to this Section that the State will not limit or alter the |
20 |
| rights and powers vested in the
Authority by this Act so as to |
21 |
| impair the terms of any contract made by the Authority with the |
22 |
| holders of
bonds or notes or in any way impair the rights and |
23 |
| remedies of those holders until the bonds and notes,
together |
24 |
| with interest thereon, with interest on any unpaid installments |
25 |
| of interest, and all costs and
expenses in connection with any |
26 |
| action or proceedings by or on behalf of the holders, are fully |
27 |
| met and
discharged. In addition, the State pledges to and |
28 |
| agrees with the holders of the bonds and notes of the
Authority |
29 |
| issued pursuant to this Section that the State will not limit |
30 |
| or alter the basis on which State funds
are to be paid to the |
31 |
| Authority as provided in this Act, or the use of such funds, so |
32 |
| as to impair the terms of
any such contract. The Authority is |
33 |
| authorized to include these pledges and agreements of the State |
34 |
| in any
contract with the holders of bonds or notes issued |
35 |
| pursuant to this Section.
|
|
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|
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| Section 40. Bonds and notes; exemption from taxation. The |
2 |
| creation of the
Authority is in all respects for
the benefit of |
3 |
| the people of Illinois and for the improvement of their health,
|
4 |
| safety, welfare, comfort, and
security, and its purposes are |
5 |
| public purposes. In consideration thereof, the
notes and bonds |
6 |
| of the
Authority issued pursuant to this Act and the income |
7 |
| from these notes and bonds
may be free from all
taxation by the |
8 |
| State or its political subdivisions, except for estate,
|
9 |
| transfer, and inheritance taxes. The
exemption from taxation |
10 |
| provided by the preceding sentence shall apply to the
income on |
11 |
| any notes or
bonds of the Authority only if the Authority in |
12 |
| its sole judgment determines
that the exemption enhances
the |
13 |
| marketability of the bonds or notes or reduces the interest |
14 |
| rates that
would otherwise be borne by the
bonds or notes. For |
15 |
| purposes of Section 250 of the Illinois Income Tax Act, the
|
16 |
| exemption of the Authority
shall terminate after all of the |
17 |
| bonds have been paid. The amount of such income that shall be |
18 |
| added and
then subtracted on the Illinois income tax return of |
19 |
| a taxpayer, subject to Section 203 of the Illinois Income
Tax |
20 |
| Act, from federal adjusted gross income or federal taxable |
21 |
| income in computing Illinois base income
shall be the interest |
22 |
| net of any bond premium amortization.
|
23 |
| Section 45. Acquisition.
|
24 |
| (a) The Authority may, but need not, acquire title to any |
25 |
| project with
respect to which it exercises its
authority.
|
26 |
| (b) The Authority shall have power to acquire by purchase, |
27 |
| lease, gift, or
otherwise any property or
rights therein from |
28 |
| any person or persons, the State of Illinois, any municipal
|
29 |
| corporation, any local unit of
government, the government of |
30 |
| the United States and any agency or
instrumentality of the |
31 |
| United States,
any body politic, or any county useful for its |
32 |
| purposes, whether improved for
the purposes of any
prospective |
33 |
| project or unimproved. The Authority may also accept any |
34 |
| donation
of funds for its purposes
from any of these sources.
|
35 |
| (c) The Authority shall have power to develop, construct, |
|
|
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| and improve,
either under its own direction or
through |
2 |
| collaboration with any approved applicant, or to acquire, |
3 |
| through
purchase or otherwise, any
project, using for this |
4 |
| purpose the proceeds derived from its sale of revenue
bonds, |
5 |
| notes, or other
evidences of indebtedness or governmental loans |
6 |
| or grants and shall have the
power to hold title to those
|
7 |
| projects in the name of the Authority.
|
8 |
| (d) The Authority shall have the power to enter into |
9 |
| intergovernmental
agreements with the State of
Illinois, the |
10 |
| counties of Franklin, Williamson, Jackson, Union, Alexander, |
11 |
| Pulaski, Massac, Pope, Saline, Hardin, Gallatin, and Johnson, |
12 |
| the Illinois
Development Finance Authority, the Illinois |
13 |
| Housing
Development Authority, the Illinois Education |
14 |
| Facilities Authority, the
Illinois
Farm
Development Authority, |
15 |
| the Rural Bond Bank,
the United States government and any |
16 |
| agency or instrumentality of the United
States, any unit
of |
17 |
| local government located within the territory of the Authority, |
18 |
| or any other
unit of government to the
extent allowed by |
19 |
| Article VII, Section 10 of the Illinois Constitution and the
|
20 |
| Intergovernmental
Cooperation Act.
|
21 |
| (e) The Authority shall have the power to share employees |
22 |
| with other units
of government, including
agencies of the |
23 |
| United States, agencies of the State of Illinois, and agencies
|
24 |
| or personnel of any unit of
local government.
|
25 |
| (f) The Authority shall have the power to exercise powers |
26 |
| and issue bonds as
if it were a municipality so
authorized in |
27 |
| Divisions 12.1, 74, 74.1, 74.3, and 74.5 of Article 11 of the
|
28 |
| Illinois Municipal Code.
|
29 |
| Section 55. Designation of depository. The Authority shall |
30 |
| biennially
designate a national or State bank or
banks as |
31 |
| depositories of its money. Such depositories shall be |
32 |
| designated only
within the State and upon
condition that bonds |
33 |
| approved as to form and surety by the Authority and at
least |
34 |
| equal in amount to the
maximum sum expected to be on deposit at |
35 |
| any one time shall be first given by
such depositories to the
|
|
|
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|
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| Authority, such bonds to be conditioned for the safekeeping and |
2 |
| prompt
repayment of such deposits.
When any of the funds of the |
3 |
| Authority shall be deposited by the treasurer in
any such |
4 |
| depository, the
treasurer and the sureties on his official bond |
5 |
| shall, to such extent, be
exempt from liability for the loss of
|
6 |
| any such deposited funds by reason of the failure, bankruptcy, |
7 |
| or any other act
or default of such depository;
provided that |
8 |
| the Authority may accept assignments of collateral by any
|
9 |
| depository of its funds to secure
such deposits to the same |
10 |
| extent and conditioned in the same manner as
assignments of |
11 |
| collateral are
permitted by law to secure deposits of the funds |
12 |
| of any city.
|
13 |
| Section 60. Taxation prohibited. The Authority shall have |
14 |
| no right or
authority to levy any tax or special
assessment, to |
15 |
| pledge the credit of the State or any other subdivision or
|
16 |
| municipal corporation thereof, or to
incur any obligation |
17 |
| enforceable upon any property, either within or without
the |
18 |
| territory of the Authority.
|
19 |
| Section 65. Fees. The Authority may collect fees and |
20 |
| charges in connection
with its loans, commitments,
and |
21 |
| servicing and may provide technical assistance in the |
22 |
| development of the
region.
|
23 |
| Section 70. Reports and audit.
|
24 |
| (a) The Authority shall annually submit a report of its
|
25 |
| finances to the Auditor General. The Authority shall annually |
26 |
| submit a report of its activities to the Governor
and to the |
27 |
| General Assembly.
|
28 |
| (b) Beginning 5 years after the effective date of this Act |
29 |
| and every 5 years thereafter, the Auditor General shall conduct |
30 |
| a financial audit of the Authority.
|
31 |
| Section 99. The Illinois State Auditing Act is amended by |
32 |
| changing Section 3-1 as follows:
|
|
|
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| (30 ILCS 5/3-1) (from Ch. 15, par. 303-1)
|
2 |
| Sec. 3-1. Jurisdiction of Auditor General. The Auditor |
3 |
| General has
jurisdiction over all State agencies to make post |
4 |
| audits and investigations
authorized by or under this Act or |
5 |
| the Constitution.
|
6 |
| The Auditor General has jurisdiction over local government |
7 |
| agencies
and private agencies only:
|
8 |
| (a) to make such post audits authorized by or under |
9 |
| this Act as are
necessary and incidental to a post audit of |
10 |
| a State agency or of a
program administered by a State |
11 |
| agency involving public funds of the
State, but this |
12 |
| jurisdiction does not include any authority to review
local |
13 |
| governmental agencies in the obligation, receipt, |
14 |
| expenditure or
use of public funds of the State that are |
15 |
| granted without limitation or
condition imposed by law, |
16 |
| other than the general limitation that such
funds be used |
17 |
| for public purposes;
|
18 |
| (b) to make investigations authorized by or under this |
19 |
| Act or the
Constitution; and
|
20 |
| (c) to make audits of the records of local government |
21 |
| agencies to verify
actual costs of state-mandated programs |
22 |
| when directed to do so by the
Legislative Audit Commission |
23 |
| at the request of the State Board of Appeals
under the |
24 |
| State Mandates Act.
|
25 |
| In addition to the foregoing, the Auditor General may |
26 |
| conduct an
audit of the Metropolitan Pier and Exposition |
27 |
| Authority, the
Regional Transportation Authority, the Suburban |
28 |
| Bus Division, the Commuter
Rail Division and the Chicago |
29 |
| Transit Authority and any other subsidized
carrier when |
30 |
| authorized by the Legislative Audit Commission. Such audit
may |
31 |
| be a financial, management or program audit, or any combination |
32 |
| thereof.
|
33 |
| The audit shall determine whether they are operating in |
34 |
| accordance with
all applicable laws and regulations. Subject to |
35 |
| the limitations of this
Act, the Legislative Audit Commission |
|
|
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| may by resolution specify additional
determinations to be |
2 |
| included in the scope of the audit.
|
3 |
| In addition to the foregoing, the Auditor General must also |
4 |
| conduct a
financial audit of
the Illinois Sports Facilities |
5 |
| Authority's expenditures of public funds in
connection with the |
6 |
| reconstruction, renovation, remodeling, extension, or
|
7 |
| improvement of all or substantially all of any existing |
8 |
| "facility", as that
term is defined in the Illinois Sports |
9 |
| Facilities Authority Act.
|
10 |
| The Auditor General may also conduct an audit, when |
11 |
| authorized by
the Legislative Audit Commission, of any hospital |
12 |
| which receives 10% or
more of its gross revenues from payments |
13 |
| from the State of Illinois,
Department of Public Aid, Medical |
14 |
| Assistance Program.
|
15 |
| The Auditor General is authorized to conduct financial and |
16 |
| compliance
audits of the Illinois Distance Learning Foundation |
17 |
| and the Illinois
Conservation Foundation.
|
18 |
| As soon as practical after the effective date of this |
19 |
| amendatory Act of
1995, the Auditor General shall conduct a |
20 |
| compliance and management audit of
the City of
Chicago and any |
21 |
| other entity with regard to the operation of Chicago O'Hare
|
22 |
| International Airport, Chicago Midway Airport and Merrill C. |
23 |
| Meigs Field. The
audit shall include, but not be limited to, an |
24 |
| examination of revenues,
expenses, and transfers of funds; |
25 |
| purchasing and contracting policies and
practices; staffing |
26 |
| levels; and hiring practices and procedures. When
completed, |
27 |
| the audit required by this paragraph shall be distributed in
|
28 |
| accordance with Section 3-14.
|
29 |
| The Auditor General shall conduct a financial and |
30 |
| compliance and program
audit of distributions from the |
31 |
| Municipal Economic Development Fund
during the immediately |
32 |
| preceding calendar year pursuant to Section 8-403.1 of
the |
33 |
| Public Utilities Act at no cost to the city, village, or |
34 |
| incorporated town
that received the distributions.
|
35 |
| The Auditor General must conduct an audit of the Health |
36 |
| Facilities Planning
Board pursuant to Section 19.5 of the |
|
|
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|
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| Illinois Health Facilities Planning
Act.
|
2 |
| The Auditor General of the State of Illinois shall annually |
3 |
| conduct or
cause to be conducted a financial and compliance |
4 |
| audit of the books and records
of any county water commission |
5 |
| organized pursuant to the Water Commission Act
of 1985 and |
6 |
| shall file a copy of the report of that audit with the Governor |
7 |
| and
the Legislative Audit Commission. The filed audit shall be |
8 |
| open to the public
for inspection. The cost of the audit shall |
9 |
| be charged to the county water
commission in accordance with |
10 |
| Section 6z-27 of the State Finance Act. The
county water |
11 |
| commission shall make available to the Auditor General its |
12 |
| books
and records and any other documentation, whether in the |
13 |
| possession of its
trustees or other parties, necessary to |
14 |
| conduct the audit required. These
audit requirements apply only |
15 |
| through July 1, 2007.
|
16 |
| The Auditor General must conduct audits of the Rend Lake |
17 |
| Conservancy
District as provided in Section 25.5 of the River |
18 |
| Conservancy Districts Act.
|
19 |
| The Auditor General must conduct financial audits of the |
20 |
| Southeastern Illinois Economic Development Authority as |
21 |
| provided in Section 70 of the Southeastern Illinois Economic |
22 |
| Development Authority Act.
|
23 |
| The Auditor General must conduct financial audits of the |
24 |
| Southern Illinois Economic Development Authority as provided |
25 |
| in Section 70 of the Southern Illinois Economic Development |
26 |
| Authority Act.
|
27 |
| (Source: P.A. 93-226, eff. 7-22-03; 93-259, eff. 7-22-03; |
28 |
| 93-275, eff. 7-22-03; 93-968, eff. 8-20-04.)
|
29 |
| Section 999. Effective date. This Act takes effect upon |
30 |
| becoming law. |