Full Text of HB0509 94th General Assembly
HB0509enr 94TH GENERAL ASSEMBLY
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HB0509 Enrolled |
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| AN ACT concerning local government.
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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 5. The Southeastern Illinois
Economic Development | 5 |
| Authority
Act is amended by changing Sections 20, 25 and 45 as | 6 |
| follows: | 7 |
| (70 ILCS 518/20)
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| Sec. 20. Creation.
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| (a) There is created a political subdivision, body politic, | 10 |
| and municipal
corporation named the Southeastern
Illinois | 11 |
| Economic Development Authority. The territorial jurisdiction | 12 |
| of the
Authority is that geographic
area within the boundaries | 13 |
| of the following counties: Fayette, Cumberland, Clark, | 14 |
| Effingham, Jasper, Crawford, Marion, Clay, Richland, Lawrence, | 15 |
| Jefferson, Wayne, Edwards, Wabash, Hamilton, and White ; | 16 |
| Irvington Township in Washington County; and any
navigable | 17 |
| waters and
air space located therein.
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| (b) The governing and administrative powers of the | 19 |
| Authority shall be vested
in a body consisting of 10
members as | 20 |
| follows: | 21 |
| (1) Nine members shall be appointed by the Governor
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| with the advice and
consent of the Senate. | 23 |
| (2) One member shall be appointed by the Director of | 24 |
| Commerce and Economic Opportunity. | 25 |
| All public members shall reside within
the territorial
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| jurisdiction of the Authority.
The public members shall be | 27 |
| persons of recognized ability and experience in one
or more of | 28 |
| the following
areas: economic development, finance, banking, | 29 |
| industrial development, state or
local government, commercial | 30 |
| agriculture, small
business management, real
estate | 31 |
| development, community development, venture finance, organized | 32 |
| 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 | 3 |
| by the Board.
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| (e) The terms of all initial members of the Authority shall | 5 |
| begin 30 days
after the effective date of this
Act. Of the 10 | 6 |
| original members appointed pursuant to subsection (b), one | 7 |
| shall serve until the third Monday in January, 2005; one shall | 8 |
| serve until the third Monday in January, 2006; 2 shall serve | 9 |
| until the third Monday in January, 2007; 2 shall serve until | 10 |
| the third Monday in January, 2008; 2 shall serve until the | 11 |
| third Monday in January, 2009; and 2 shall serve until the | 12 |
| third Monday in January, 2010. All successors to these original | 13 |
| public members shall be appointed by the Governor with the | 14 |
| advice and consent of the Senate, or by the Director of | 15 |
| Commerce and Economic Opportunity, as the case may be, pursuant | 16 |
| to subsection (b), and shall hold office for a term of 3 years | 17 |
| commencing the third Monday in January of the year in which | 18 |
| their term commences, except in the case of an appointment to | 19 |
| fill a vacancy. Vacancies occurring among the public members | 20 |
| 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 | 22 |
| not in session,
the Governor may make a
temporary appointment | 23 |
| until the next meeting of the Senate when a person shall
be | 24 |
| nominated to fill the
office and, upon confirmation by the | 25 |
| Senate, he or she shall hold office during
the remainder of the | 26 |
| term
and until a successor is appointed and qualified. Members | 27 |
| of the Authority are
not entitled to
compensation for their | 28 |
| services as members but are entitled to reimbursement
for all | 29 |
| necessary expenses
incurred in connection with the performance | 30 |
| of their duties as members.
Members of the Board may | 31 |
| participate in Board meetings by teleconference or video | 32 |
| conference.
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| (f) The Governor may remove any public member of the | 34 |
| Authority appointed by the Governor, and the Director of | 35 |
| Commerce and Economic Opportunity may remove any public member | 36 |
| 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 | 3 |
| have a
background in finance, including
familiarity with the | 4 |
| legal and procedural requirements of issuing bonds, real
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| estate, or economic
development and administration. The | 6 |
| Executive Director shall hold office at the
discretion of the | 7 |
| Board.
The Executive Director shall be the chief administrative | 8 |
| and operational
officer of the Authority, shall
direct and | 9 |
| supervise its administrative affairs and general management, | 10 |
| perform
such other duties as may
be prescribed from time to | 11 |
| time by the members, and receive compensation fixed
by the | 12 |
| Authority. The
Executive Director shall attend all meetings of | 13 |
| the Authority. However, no
action of the Authority shall be
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| invalid on account of the absence of the Executive Director | 15 |
| from a meeting. The
Authority may engage
the services of the | 16 |
| Illinois Finance Authority, attorneys, appraisers,
engineers, | 17 |
| accountants, credit
analysts, and other consultants, if the | 18 |
| Southeastern Illinois Economic Development Authority deems it | 19 |
| advisable.
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| (Source: P.A. 93-968, eff. 8-20-04.) | 21 |
| (70 ILCS 518/25)
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| Sec. 25. Duty. All official acts of the Authority shall | 23 |
| require the
approval of at least 6 members. It
shall be the | 24 |
| duty of the Authority to promote development within the | 25 |
| territorial jurisdiction of the Authority. The Authority shall | 26 |
| use the powers conferred upon it to assist in the
development, | 27 |
| construction,
and acquisition of industrial, commercial, | 28 |
| housing, or residential projects
within its territorial | 29 |
| jurisdiction
those counties .
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| (Source: P.A. 93-968, eff. 8-20-04.) | 31 |
| (70 ILCS 518/45)
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| Sec. 45. Acquisition.
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| (a) The Authority may, but need not, acquire title to any | 34 |
| project with
respect to which it exercises its
authority.
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| (b) The Authority shall have power to acquire by purchase, | 2 |
| lease, gift, or
otherwise any property or
rights therein from | 3 |
| any person or persons, the State of Illinois, any municipal
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| corporation, any local unit of
government, the government of | 5 |
| the United States and any agency or
instrumentality of the | 6 |
| United States,
any body politic, or any county useful for its | 7 |
| purposes, whether improved for
the purposes of any
prospective | 8 |
| project or unimproved. The Authority may also accept any | 9 |
| donation
of funds for its purposes
from any of these sources.
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| (c) The Authority shall have power to develop, construct, | 11 |
| and improve,
either under its own direction or
through | 12 |
| collaboration with any approved applicant, or to acquire, | 13 |
| through
purchase or otherwise, any
project, using for this | 14 |
| purpose the proceeds derived from its sale of revenue
bonds, | 15 |
| notes, or other
evidences of indebtedness or governmental loans | 16 |
| or grants and shall have the
power to hold title to those
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| projects in the name of the Authority.
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| (d) The Authority shall have the power to enter into | 19 |
| intergovernmental
agreements with the State of
Illinois, the | 20 |
| counties of Fayette, Cumberland, Clark, Effingham, Jasper, | 21 |
| Crawford, Marion, Clay, Richland, Lawrence, Jefferson, Wayne, | 22 |
| Edwards, Wabash, Hamilton, and White ; Irvington Township in | 23 |
| Washington County;
, the Illinois
Development Finance | 24 |
| Authority, the Illinois Housing
Development Authority, the | 25 |
| Illinois Education Facilities Authority, the
Illinois
Farm
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| Development Authority, the Rural Bond Bank,
the United States | 27 |
| government and any agency or instrumentality of the United
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| States, any unit
of local government located within the | 29 |
| territory of the Authority, or any other
unit of government to | 30 |
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extent allowed by Article VII, Section 10 of the Illinois | 31 |
| Constitution and the
Intergovernmental
Cooperation Act.
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| (e) The Authority shall have the power to share employees | 33 |
| with other units
of government, including
agencies of the | 34 |
| United States, agencies of the State of Illinois, and agencies
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| or personnel of any unit of
local government.
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| (f) The Authority shall have the power to exercise powers |
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| and issue bonds as
if it were a municipality so
authorized in | 2 |
| Divisions 12.1, 74, 74.1, 74.3, and 74.5 of Article 11 of the
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| Illinois Municipal Code.
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| (Source: P.A. 93-968, eff. 8-20-04.) | 5 |
| Section 10. The Public Water District Act is amended by | 6 |
| changing Section 9 as follows:
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| (70 ILCS 3705/9) (from Ch. 111 2/3, par. 196)
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| Sec. 9. Every public water district organized under this | 9 |
| Act and every non-profit private water company is
authorized to | 10 |
| construct, maintain, alter and extend its water mains as a
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| proper use of highways along, upon, under and across any | 12 |
| highway, street,
alley or public ground in the State, but so as | 13 |
| not to inconvenience the
public use thereof, and the right and | 14 |
| authority are hereby granted to any
such district or non-profit | 15 |
| private water company to construct, maintain and operate any | 16 |
| conduit or conduits,
water pipe or pipes, wholly or partially | 17 |
| buried or otherwise in, upon and
along any of the lands owned | 18 |
| by said State under any of the public waters
therein; provided | 19 |
| that the right, permission and authority hereby granted
shall | 20 |
| be subject to all public rights of commerce and navigation and | 21 |
| the
authority of the United States in behalf of such public | 22 |
| rights, and also to
the laws of the State of Illinois to | 23 |
| regulate and control the same.
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| (Source: Laws 1945, p. 1187.)
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| Section 99. Effective date. This Act takes effect upon | 26 |
| becoming law.
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