Full Text of HB1131 103rd General Assembly
HB1131eng 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Southwestern Illinois Development Authority | 5 | | Act is amended by changing Sections 4, 5, and 8 as follows: | 6 | | (70 ILCS 520/4) (from Ch. 85, par. 6154)
| 7 | | Sec. 4. (a) There is hereby created a political | 8 | | subdivision, body politic
and municipal corporation named the | 9 | | Southwestern Illinois Development
Authority.
The territorial | 10 | | jurisdiction of the Authority is that geographic area
within | 11 | | the boundaries of Madison,
St. Clair, Bond, and Clinton , and | 12 | | Monroe
counties in the State of
Illinois and any navigable | 13 | | waters and air space located therein.
| 14 | | (b) The governing and administrative powers of the | 15 | | Authority shall be
vested in a body consisting of 15 voting 14
| 16 | | members including, as ex officio
members,
the Director of | 17 | | Commerce and Economic Opportunity, or his or her
designee, and | 18 | | the Secretary of Transportation,
or his or her designee.
The | 19 | | other 13 voting 12
members of the Authority
shall be | 20 | | designated "public members", 6 of whom shall be appointed by | 21 | | the
Governor
with the advice and consent of the Senate, 2 of | 22 | | whom shall be appointed by
the county board chairman of | 23 | | Madison County,
2 of whom shall be
appointed by the county |
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| 1 | | board chairman of St. Clair County, one of whom
shall be | 2 | | appointed by the county board chairman of Bond County, and one | 3 | | of whom
shall be appointed by the county board chairman of | 4 | | Clinton County , and one of whom shall be appointed by the | 5 | | county board chairman of Monroe County . All
public members | 6 | | shall reside within the territorial jurisdiction of this Act.
| 7 | | Eight voting members shall constitute a quorum.
The public | 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. The Chairman of the
Authority shall | 14 | | be elected by the Board annually from the voting members
| 15 | | appointed by the county board chairmen .
| 16 | | (c) Except as otherwise provided in this subsection, the | 17 | | The terms of all members of the Authority shall begin 30 days | 18 | | after
the effective date of this Act. Of the 8 public members
| 19 | | initially appointed pursuant to this Act, 3 shall serve until | 20 | | the
third Monday in January, 1988, 3 shall serve until the | 21 | | third Monday in
January, 1989, and 2
shall serve until the | 22 | | third Monday in January, 1990.
The public members initially | 23 | | appointed under this amendatory Act of the 94th General | 24 | | Assembly shall serve until the third Monday in January, 2008. | 25 | | The member initially appointed pursuant to this amendatory Act | 26 | | of the 103rd General Assembly by the county board chairman of |
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| 1 | | Monroe County shall serve until the third Monday in January | 2 | | 2026. All successors shall be appointed by the original | 3 | | appointing authority and
hold office for a term of 3 years | 4 | | commencing the third
Monday in January of the year in which | 5 | | their term commences, except in case
of an appointment to fill | 6 | | a vacancy.
Vacancies
occurring among the public members shall | 7 | | be filled for the
remainder of the term.
In case of vacancy in | 8 | | a Governor-appointed membership when
the Senate is not in | 9 | | session, the Governor may make a temporary appointment
until | 10 | | the next meeting of the Senate when a person shall be nominated | 11 | | to
fill such office, and any person so nominated who is | 12 | | confirmed by the
Senate shall hold office during the remainder | 13 | | of the term and until a
successor shall be appointed and | 14 | | qualified.
Members of the Authority shall not be entitled to | 15 | | compensation for their services
as members but shall be | 16 | | entitled to reimbursement for all necessary
expenses incurred | 17 | | in connection with the performance of their duties as members.
| 18 | | (d) The Governor may remove any public member of the | 19 | | Authority in case
of incompetency, neglect of duty, or | 20 | | malfeasance in office.
| 21 | | (e) The Board shall appoint an Executive Director who | 22 | | shall have a
background in finance, including familiarity with | 23 | | the legal and
procedural requirements of issuing bonds, real | 24 | | estate or economic
development and administration. The | 25 | | Executive Director shall hold office
at the discretion of the | 26 | | Board. The Executive Director shall be the chief
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| 1 | | administrative and operational officer of the Authority, shall | 2 | | direct
and supervise its administrative affairs and general | 3 | | management, shall perform
such other duties as may be | 4 | | prescribed from time to time by the members and
shall receive | 5 | | compensation fixed by the Authority. The Executive Director
| 6 | | shall attend all meetings of the Authority; however, no action | 7 | | of the
Authority shall be invalid on account of the absence of | 8 | | the Executive
Director from a meeting. The Authority may | 9 | | engage the services of such
other agents and employees, | 10 | | including attorneys, appraisers, engineers,
accountants, | 11 | | credit analysts and other consultants, as it may deem
| 12 | | advisable and may prescribe their duties and fix their | 13 | | compensation.
| 14 | | (f) The Board may, by majority vote, nominate up to 4 | 15 | | non-voting members
for appointment by the Governor. Non-voting | 16 | | members shall be persons of
recognized ability and experience | 17 | | in one or more of the following areas:
economic development, | 18 | | finance, banking, industrial development, small
business | 19 | | management, real estate development, community development, | 20 | | venture finance,
organized labor , or civic, community , or | 21 | | neighborhood organization.
Non-voting members shall serve at | 22 | | the
pleasure of the Board. All non-voting members may attend | 23 | | meetings of the
Board and shall be reimbursed as provided in | 24 | | subsection (c).
| 25 | | (g) The Board shall create a task force to study and make
| 26 | | recommendations to the Board on the economic development of |
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| 1 | | the city of
East St. Louis and on the economic development of | 2 | | the riverfront within the
territorial jurisdiction of this | 3 | | Act. The members of the task force shall
reside within the | 4 | | territorial jurisdiction of this Act, shall serve at the
| 5 | | pleasure of the Board and shall be persons of recognized | 6 | | ability and
experience in one or more of the following areas: | 7 | | economic development,
finance, banking, industrial | 8 | | development, small business management, real
estate | 9 | | development, community development, venture finance, organized | 10 | | labor
or civic, community or neighborhood organization. The | 11 | | number of members
constituting the task force shall be set by | 12 | | the Board and may vary from
time to time. The Board may set a | 13 | | specific date by which the task force is
to submit its final | 14 | | report and recommendations to the Board.
| 15 | | (Source: P.A. 96-443, eff. 8-14-09.)
| 16 | | (70 ILCS 520/5) (from Ch. 85, par. 6155)
| 17 | | Sec. 5. All official acts of the Authority shall require | 18 | | the approval
of at least 8 voting members. It shall be the duty | 19 | | of the Authority to promote
development within the geographic | 20 | | confines of Madison, Bond, Clinton, and St. Clair , and Monroe
| 21 | | counties. The Authority shall use the powers herein
conferred | 22 | | upon it to assist in the development, construction and
| 23 | | acquisition of industrial, commercial, housing or residential | 24 | | projects
within Madison, Bond, Clinton, and St. Clair , and | 25 | | Monroe counties.
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| 1 | | (Source: P.A. 94-1096, eff. 6-1-07 .)
| 2 | | (70 ILCS 520/8) (from Ch. 85, par. 6158)
| 3 | | Sec. 8. (a) The Authority may, but need not, acquire title | 4 | | to any
project with respect to which it exercises its | 5 | | authority.
| 6 | | (b) The Authority shall have power to acquire by purchase, | 7 | | lease, gift or
otherwise any property or rights therein from | 8 | | any person or persons, the
State of Illinois, any municipal | 9 | | corporation, any local unit of government, the
government of | 10 | | the United States and any agency or instrumentality of the
| 11 | | United States, any body politic or any county useful for its | 12 | | purposes, whether
improved for the purposes of any prospective | 13 | | project or unimproved. The
Authority may also accept any | 14 | | donation of funds for its purposes from any
such source. The | 15 | | Authority may acquire any real property, or rights
therein, | 16 | | upon condemnation. The acquisition by eminent domain of such | 17 | | real
property or any interest therein by the Authority shall | 18 | | be in the manner
provided by the Eminent Domain Act,
including | 19 | | Article 20 thereof (quick-take power).
| 20 | | The Authority shall not exercise any quick-take eminent | 21 | | domain powers
granted by State law within the corporate limits | 22 | | of a municipality unless the
governing authority of the | 23 | | municipality authorizes the Authority to do so. The
Authority | 24 | | shall not exercise any quick-take eminent domain powers | 25 | | granted by
State law within the unincorporated areas of a |
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| 1 | | county unless the county board
authorizes the Authority to do | 2 | | so.
| 3 | | (c) The Authority shall have power to develop, construct | 4 | | and improve,
either under its own direction or through | 5 | | collaboration with any approved
applicant, or to acquire | 6 | | through purchase or otherwise any project, using
for such | 7 | | purpose the proceeds derived from its sale of revenue bonds, | 8 | | notes
or other evidences of indebtedness or governmental loans | 9 | | or grants and to
hold title in the name of the Authority to | 10 | | such projects.
| 11 | | (d) The Authority shall have the power to enter into | 12 | | intergovernmental
agreements with the State of Illinois, the | 13 | | counties of Bond, Clinton, Madison , Monroe, and or
St. Clair, | 14 | | the Southwest Regional Port District, the Illinois
Finance | 15 | | Authority, the Illinois Housing Development Authority, the | 16 | | Metropolitan
Pier and
Exposition Authority, the United States | 17 | | government and any agency or
instrumentality of the United | 18 | | States, the city of East St. Louis, any unit
of local | 19 | | government located within the territory of the Authority or | 20 | | any
other unit of government to the extent allowed by Article | 21 | | VII, Section 10
of the Illinois Constitution and the | 22 | | Intergovernmental Cooperation Act.
| 23 | | (e) 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 | 26 | | or personnel of any unit of local government.
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| 1 | | (f) The Authority shall have the power to exercise powers | 2 | | and issue
bonds as if it were a municipality so authorized in | 3 | | Divisions 12.1, 74,
74.1, 74.3 and 74.5 of Article 11 of the | 4 | | Illinois Municipal Code.
| 5 | | (Source: P.A. 93-205, eff. 1-1-04; 94-1055, eff. 1-1-07.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
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