Full Text of HB1165 103rd General Assembly
HB1165 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB1165 Introduced 1/31/2023, by Rep. David Friess SYNOPSIS AS INTRODUCED: |
| 70 ILCS 520/4 | from Ch. 85, par. 6154 |
70 ILCS 520/5 | from Ch. 85, par. 6155 |
70 ILCS 520/8 | from Ch. 85, par. 6158 |
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Amends the Southwestern Illinois Development Authority Act. Adds Monroe County and Randolph County to the territory of the Southwestern Illinois Development Authority. Makes conforming changes. Allows the Authority to also enter into intergovernmental agreements with Bond, Clinton, Monroe, and Randolph counties, in addition to other entities (currently, the only counties included are Madison and St. Clair counties). Effective immediately.
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| | A BILL FOR |
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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 , | 12 | | Monroe, and Randolph
counties in the State of
Illinois and any | 13 | | navigable 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 18 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 16 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 , 2 of whom shall be appointed by the county | 5 | | board chairman of Monroe County, and 2 of whom shall be | 6 | | appointed by the county board chairman of Randolph County . All
| 7 | | public members shall reside within the territorial | 8 | | jurisdiction of this Act.
Ten voting Eight members shall | 9 | | constitute a quorum.
The public members shall be
persons of | 10 | | recognized ability and
experience in one or more of the | 11 | | following areas: economic development,
finance, banking, | 12 | | industrial development, small business management, real
estate | 13 | | development, community development, venture finance, organized | 14 | | labor
or civic, community or neighborhood organization. The | 15 | | Chairman of the
Authority shall be elected by the Board | 16 | | annually from the members
appointed by the county board | 17 | | chairmen.
| 18 | | (c) Except as otherwise provided in this subsection, the | 19 | | The terms of all members of the Authority shall begin 30 days | 20 | | after
the effective date of this Act. Of the 8 public members
| 21 | | initially appointed pursuant to this Act, 3 shall serve until | 22 | | the
third Monday in January, 1988, 3 shall serve until the | 23 | | third Monday in
January, 1989, and 2
shall serve until the | 24 | | third Monday in January, 1990.
The public members initially | 25 | | appointed under this amendatory Act of the 94th General | 26 | | Assembly shall serve until the third Monday in January, 2008. |
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| 1 | | Of the members appointed pursuant to this amendatory Act of | 2 | | the 103rd General Assembly, one member appointed by the county | 3 | | board chairman of Monroe County and one member appointed by | 4 | | the county board chairman of Randolph County shall serve until | 5 | | the third Monday in January 2026, and the other two members | 6 | | appointed shall serve until the third Monday in January 2027. | 7 | | All successors shall be appointed by the original appointing | 8 | | authority and
hold office for a term of 3 years commencing the | 9 | | third
Monday in January of the year in which their term | 10 | | commences, except in case
of an appointment to fill a vacancy.
| 11 | | Vacancies
occurring among the public members shall be filled | 12 | | for the
remainder of the term.
In case of vacancy in a | 13 | | Governor-appointed membership when
the Senate is not in | 14 | | session, the Governor may make a temporary appointment
until | 15 | | the next meeting of the Senate when a person shall be nominated | 16 | | to
fill such office, and any person so nominated who is | 17 | | confirmed by the
Senate shall hold office during the remainder | 18 | | of the term and until a
successor shall be appointed and | 19 | | qualified.
Members of the Authority shall not be entitled to | 20 | | compensation for their services
as members but shall be | 21 | | entitled to reimbursement for all necessary
expenses incurred | 22 | | in connection with the performance of their duties as members.
| 23 | | (d) The Governor may remove any public member of the | 24 | | Authority in case
of incompetency, neglect of duty, or | 25 | | malfeasance in office.
| 26 | | (e) 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, shall perform
such other duties as may be | 9 | | prescribed from time to time by the members and
shall receive | 10 | | compensation fixed by the Authority. The Executive Director
| 11 | | shall attend all meetings of the Authority; however, no action | 12 | | of the
Authority shall be invalid on account of the absence of | 13 | | the Executive
Director from a meeting. The Authority may | 14 | | engage the services of such
other agents and employees, | 15 | | including attorneys, appraisers, engineers,
accountants, | 16 | | credit analysts and other consultants, as it may deem
| 17 | | advisable and may prescribe their duties and fix their | 18 | | compensation.
| 19 | | (f) The Board may, by majority vote, nominate up to 4 | 20 | | non-voting members
for appointment by the Governor. Non-voting | 21 | | members shall be persons of
recognized ability and experience | 22 | | in one or more of the following areas:
economic development, | 23 | | finance, banking, industrial development, small
business | 24 | | management, real estate development, community development, | 25 | | venture finance,
organized labor , or civic, community , or | 26 | | neighborhood organization.
Non-voting members shall serve at |
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| 1 | | the
pleasure of the Board. All non-voting members may attend | 2 | | meetings of the
Board and shall be reimbursed as provided in | 3 | | subsection (c).
| 4 | | (g) The Board shall create a task force to study and make
| 5 | | recommendations to the Board on the economic development of | 6 | | the city of
East St. Louis and on the economic development of | 7 | | the riverfront within the
territorial jurisdiction of this | 8 | | Act. The members of the task force shall
reside within the | 9 | | territorial jurisdiction of this Act, shall serve at the
| 10 | | pleasure of the Board and shall be persons of recognized | 11 | | ability and
experience in one or more of the following areas: | 12 | | economic development,
finance, banking, industrial | 13 | | development, small business management, real
estate | 14 | | development, community development, venture finance, organized | 15 | | labor
or civic, community or neighborhood organization. The | 16 | | number of members
constituting the task force shall be set by | 17 | | the Board and may vary from
time to time. The Board may set a | 18 | | specific date by which the task force is
to submit its final | 19 | | report and recommendations to the Board.
| 20 | | (Source: P.A. 96-443, eff. 8-14-09.)
| 21 | | (70 ILCS 520/5) (from Ch. 85, par. 6155)
| 22 | | Sec. 5. All official acts of the Authority shall require | 23 | | the approval
of at least 10 voting 8 members. It shall be the | 24 | | duty of the Authority to promote
development within the | 25 | | geographic confines of Madison, Bond, Clinton, and St. Clair , |
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| 1 | | Monroe, and Randolph counties. The Authority shall use the | 2 | | powers herein
conferred upon it to assist in the development, | 3 | | construction and
acquisition of industrial, commercial, | 4 | | housing or residential projects
within Madison, Bond, Clinton, | 5 | | and St. Clair , Monroe, and Randolph counties.
| 6 | | (Source: P.A. 94-1096, eff. 6-1-07 .)
| 7 | | (70 ILCS 520/8) (from Ch. 85, par. 6158)
| 8 | | Sec. 8. (a) The Authority may, but need not, acquire title | 9 | | to any
project with respect to which it exercises its | 10 | | authority.
| 11 | | (b) The Authority shall have power to acquire by purchase, | 12 | | lease, gift or
otherwise any property or rights therein from | 13 | | any person or persons, the
State of Illinois, any municipal | 14 | | corporation, any local unit of government, the
government of | 15 | | the United States and any agency or instrumentality of the
| 16 | | United States, any body politic or any county useful for its | 17 | | purposes, whether
improved for the purposes of any prospective | 18 | | project or unimproved. The
Authority may also accept any | 19 | | donation of funds for its purposes from any
such source. The | 20 | | Authority may acquire any real property, or rights
therein, | 21 | | upon condemnation. The acquisition by eminent domain of such | 22 | | real
property or any interest therein by the Authority shall | 23 | | be in the manner
provided by the Eminent Domain Act,
including | 24 | | Article 20 thereof (quick-take power).
| 25 | | The Authority shall not exercise any quick-take eminent |
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| 1 | | domain powers
granted by State law within the corporate limits | 2 | | of a municipality unless the
governing authority of the | 3 | | municipality authorizes the Authority to do so. The
Authority | 4 | | shall not exercise any quick-take eminent domain powers | 5 | | granted by
State law within the unincorporated areas of a | 6 | | county unless the county board
authorizes the Authority to do | 7 | | so.
| 8 | | (c) The Authority shall have power to develop, construct | 9 | | and improve,
either under its own direction or through | 10 | | collaboration with any approved
applicant, or to acquire | 11 | | through purchase or otherwise any project, using
for such | 12 | | purpose the proceeds derived from its sale of revenue bonds, | 13 | | notes
or other evidences of indebtedness or governmental loans | 14 | | or grants and to
hold title in the name of the Authority to | 15 | | such projects.
| 16 | | (d) The Authority shall have the power to enter into | 17 | | intergovernmental
agreements with the State of Illinois, the | 18 | | counties of Bond, Clinton, Madison , Monroe, Randolph, and or
| 19 | | St. Clair, the Southwest Regional Port District, the Illinois
| 20 | | Finance Authority, the Illinois Housing Development Authority, | 21 | | the Metropolitan
Pier and
Exposition Authority, the United | 22 | | States government and any agency or
instrumentality of the | 23 | | United States, the city of East St. Louis, any unit
of local | 24 | | government located within the territory of the Authority or | 25 | | any
other unit of government to the extent allowed by Article | 26 | | VII, Section 10
of the Illinois Constitution and the |
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| 1 | | Intergovernmental Cooperation Act.
| 2 | | (e) The Authority shall have the power to share employees | 3 | | with other units
of government, including agencies of the | 4 | | United States, agencies of the
State of Illinois and agencies | 5 | | or personnel of any unit of local government.
| 6 | | (f) The Authority shall have the power to exercise powers | 7 | | and issue
bonds as if it were a municipality so authorized in | 8 | | Divisions 12.1, 74,
74.1, 74.3 and 74.5 of Article 11 of the | 9 | | Illinois Municipal Code.
| 10 | | (Source: P.A. 93-205, eff. 1-1-04; 94-1055, eff. 1-1-07.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.
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