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Public Act 094-0613 |
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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 | ||||
Authority
Act is amended by changing Sections 20, 25 and 45 as | ||||
follows: | ||||
(70 ILCS 518/20)
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Sec. 20. Creation.
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(a) There is created a political subdivision, body politic, | ||||
and municipal
corporation named the Southeastern
Illinois | ||||
Economic Development Authority. The territorial jurisdiction | ||||
of the
Authority is that geographic
area within the boundaries | ||||
of the following counties: Fayette, Cumberland, Clark, | ||||
Effingham, Jasper, Crawford, Marion, Clay, Richland, Lawrence, | ||||
Jefferson, Wayne, Edwards, Wabash, Hamilton, and White ; | ||||
Irvington Township in Washington County; and any
navigable | ||||
waters and
air space located therein.
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(b) The governing and administrative powers of the | ||||
Authority shall be vested
in a body consisting of 10
members as | ||||
follows: | ||||
(1) Nine members shall be appointed by the Governor
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with the advice and
consent of the Senate. | ||||
(2) One member shall be appointed by the Director of | ||||
Commerce and Economic Opportunity. | ||||
All public members shall reside within
the territorial
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jurisdiction of the Authority.
The public members shall be | ||||
persons of recognized ability and experience in one
or more of | ||||
the following
areas: economic development, finance, banking, | ||||
industrial development, state or
local government, commercial | ||||
agriculture, small
business management, real
estate | ||||
development, community development, venture finance, organized | ||||
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 | ||
by the Board.
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(e) The terms of all initial members of the Authority shall | ||
begin 30 days
after the effective date of this
Act. Of the 10 | ||
original members appointed pursuant to subsection (b), one | ||
shall serve until the third Monday in January, 2005; one shall | ||
serve until the third Monday in January, 2006; 2 shall serve | ||
until the third Monday in January, 2007; 2 shall serve until | ||
the third Monday in January, 2008; 2 shall serve until the | ||
third Monday in January, 2009; and 2 shall serve until the | ||
third Monday in January, 2010. All successors to these original | ||
public members shall be appointed by the Governor with the | ||
advice and consent of the Senate, or by the Director of | ||
Commerce and Economic Opportunity, as the case may be, pursuant | ||
to subsection (b), and shall hold office for a term of 3 years | ||
commencing the third Monday in January of the year in which | ||
their term commences, except in the case of an appointment to | ||
fill a vacancy. Vacancies occurring among the public members | ||
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 | ||
not in session,
the Governor may make a
temporary appointment | ||
until the next meeting of the Senate when a person shall
be | ||
nominated to fill the
office and, upon confirmation by the | ||
Senate, he or she shall hold office during
the remainder of the | ||
term
and until a successor is appointed and qualified. Members | ||
of the Authority are
not entitled to
compensation for their | ||
services as members but are entitled to reimbursement
for all | ||
necessary expenses
incurred in connection with the performance | ||
of their duties as members.
Members of the Board may | ||
participate in Board meetings by teleconference or video | ||
conference.
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(f) The Governor may remove any public member of the | ||
Authority appointed by the Governor, and the Director of | ||
Commerce and Economic Opportunity may remove any public member | ||
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 | ||
have a
background in finance, including
familiarity with the | ||
legal and procedural requirements of issuing bonds, real
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estate, or economic
development and administration. The | ||
Executive Director shall hold office at the
discretion of the | ||
Board.
The Executive Director shall be the chief administrative | ||
and operational
officer of the Authority, shall
direct and | ||
supervise its administrative affairs and general management, | ||
perform
such other duties as may
be prescribed from time to | ||
time by the members, and receive compensation fixed
by the | ||
Authority. The
Executive Director shall attend all meetings of | ||
the Authority. However, no
action of the Authority shall be
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invalid on account of the absence of the Executive Director | ||
from a meeting. The
Authority may engage
the services of the | ||
Illinois Finance Authority, attorneys, appraisers,
engineers, | ||
accountants, credit
analysts, and other consultants, if the | ||
Southeastern Illinois Economic Development Authority deems it | ||
advisable.
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(Source: P.A. 93-968, eff. 8-20-04.) | ||
(70 ILCS 518/25)
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Sec. 25. Duty. All official acts of the Authority shall | ||
require the
approval of at least 6 members. It
shall be the | ||
duty of the Authority to promote development within the | ||
territorial jurisdiction of the Authority. The Authority shall | ||
use the powers conferred upon it to assist in the
development, | ||
construction,
and acquisition of industrial, commercial, | ||
housing, or residential projects
within its territorial | ||
jurisdiction
those counties .
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(Source: P.A. 93-968, eff. 8-20-04.) | ||
(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 | ||
project with
respect to which it exercises its
authority.
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(b) The Authority shall have power to acquire by purchase, | ||
lease, gift, or
otherwise any property or
rights therein from | ||
any person or persons, the State of Illinois, any municipal
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corporation, any local unit of
government, the government of | ||
the United States and any agency or
instrumentality of the | ||
United States,
any body politic, or any county useful for its | ||
purposes, whether improved for
the purposes of any
prospective | ||
project or unimproved. The Authority may also accept any | ||
donation
of funds for its purposes
from any of these sources.
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(c) The Authority shall have power to develop, construct, | ||
and improve,
either under its own direction or
through | ||
collaboration with any approved applicant, or to acquire, | ||
through
purchase or otherwise, any
project, using for this | ||
purpose the proceeds derived from its sale of revenue
bonds, | ||
notes, or other
evidences of indebtedness or governmental loans | ||
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 | ||
intergovernmental
agreements with the State of
Illinois, the | ||
counties of Fayette, Cumberland, Clark, Effingham, Jasper, | ||
Crawford, Marion, Clay, Richland, Lawrence, Jefferson, Wayne, | ||
Edwards, Wabash, Hamilton, and White ; Irvington Township in | ||
Washington County;
, the Illinois
Development Finance | ||
Authority, the Illinois Housing
Development Authority, the | ||
Illinois Education Facilities Authority, the
Illinois
Farm
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Development Authority, the Rural Bond Bank,
the United States | ||
government and any agency or instrumentality of the United
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States, any unit
of local government located within the | ||
territory of the Authority, or any other
unit of government to | ||
the
extent allowed by Article VII, Section 10 of the Illinois | ||
Constitution and the
Intergovernmental
Cooperation Act.
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(e) The Authority shall have the power to share employees | ||
with other units
of government, including
agencies of the | ||
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 |
and issue bonds as
if it were a municipality so
authorized in | ||
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.) | ||
Section 10. The Public Water District Act is amended by | ||
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 | ||
Act and every non-profit private water company is
authorized to | ||
construct, maintain, alter and extend its water mains as a
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proper use of highways along, upon, under and across any | ||
highway, street,
alley or public ground in the State, but so as | ||
not to inconvenience the
public use thereof, and the right and | ||
authority are hereby granted to any
such district or non-profit | ||
private water company to construct, maintain and operate any | ||
conduit or conduits,
water pipe or pipes, wholly or partially | ||
buried or otherwise in, upon and
along any of the lands owned | ||
by said State under any of the public waters
therein; provided | ||
that the right, permission and authority hereby granted
shall | ||
be subject to all public rights of commerce and navigation and | ||
the
authority of the United States in behalf of such public | ||
rights, and also to
the laws of the State of Illinois to | ||
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 | ||
becoming law.
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