Bill Text: IL HB1131 | 2023-2024 | 103rd General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Reinserts the provisions of the engrossed bill as modified by Senate Amendment No. 1 and makes the following changes. Amends the Illinois Governmental Ethics Act. Requires persons serving as Executive Director or otherwise involved with directing the affairs of a Regional Development Authority to file statements of economic interest with the Secretary of State. Amends the State Officials and Employees Ethics Act. Subjects Authority leaders, board members, and employees of Regional Development Authorities to regulation under the Act. Further amends the Southwestern Illinois Development Authority Act, the Quad Cities Regional Economic Development Authority Act, and the Tri-County River Valley Development Authority Law and amends the Central Illinois Economic Development Authority Act, the Eastern Illinois Economic Development Authority Act, the Joliet Arsenal Development Authority Act, the Riverdale Development Authority Act, the Southeastern Illinois Economic Development Authority Act, the Southern Illinois Economic Development Authority Act, the Upper Illinois River Valley Development Authority Act, the Illinois Urban Development Authority Act, the Western Illinois Economic Development Authority Act, and the Will-Kankakee Regional Development Authority Law. Adds provisions relating to requests for assistance, disclosure of economic interests, open meetings, record disclosure, and notice relating to commitment to support the financing of a project. Adds related definitions. Provides that a Board of an Authority may not meet or take any action without a quorum present.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-08-11 - Public Act . . . . . . . . . 103-0517 [HB1131 Detail]
Download: Illinois-2023-HB1131-Enrolled.html
Bill Title: Reinserts the provisions of the engrossed bill as modified by Senate Amendment No. 1 and makes the following changes. Amends the Illinois Governmental Ethics Act. Requires persons serving as Executive Director or otherwise involved with directing the affairs of a Regional Development Authority to file statements of economic interest with the Secretary of State. Amends the State Officials and Employees Ethics Act. Subjects Authority leaders, board members, and employees of Regional Development Authorities to regulation under the Act. Further amends the Southwestern Illinois Development Authority Act, the Quad Cities Regional Economic Development Authority Act, and the Tri-County River Valley Development Authority Law and amends the Central Illinois Economic Development Authority Act, the Eastern Illinois Economic Development Authority Act, the Joliet Arsenal Development Authority Act, the Riverdale Development Authority Act, the Southeastern Illinois Economic Development Authority Act, the Southern Illinois Economic Development Authority Act, the Upper Illinois River Valley Development Authority Act, the Illinois Urban Development Authority Act, the Western Illinois Economic Development Authority Act, and the Will-Kankakee Regional Development Authority Law. Adds provisions relating to requests for assistance, disclosure of economic interests, open meetings, record disclosure, and notice relating to commitment to support the financing of a project. Adds related definitions. Provides that a Board of an Authority may not meet or take any action without a quorum present.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-08-11 - Public Act . . . . . . . . . 103-0517 [HB1131 Detail]
Download: Illinois-2023-HB1131-Enrolled.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Governmental Ethics Act is amended | ||||||
5 | by changing Section 4A-101 as follows:
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6 | (5 ILCS 420/4A-101) (from Ch. 127, par. 604A-101) | ||||||
7 | Sec. 4A-101. Persons required to file with the Secretary | ||||||
8 | of State. The following persons shall file
verified written | ||||||
9 | statements of economic interests with the Secretary of State, | ||||||
10 | as provided in this Article:
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11 | (a) Members of the General Assembly and candidates for | ||||||
12 | nomination or
election to the General Assembly.
| ||||||
13 | (b) Persons holding an elected office in the Executive | ||||||
14 | Branch of this
State, and candidates for nomination or | ||||||
15 | election to these offices.
| ||||||
16 | (c) Members of a Commission or Board created by the | ||||||
17 | Illinois Constitution,
and candidates for nomination or | ||||||
18 | election to such Commission or Board.
| ||||||
19 | (d) Persons whose appointment to office is subject to | ||||||
20 | confirmation by
the Senate and persons appointed by the | ||||||
21 | Governor to any other position on a board or commission | ||||||
22 | described in subsection (a) of Section 15 of the | ||||||
23 | Gubernatorial Boards and Commissions Act.
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1 | (e) Holders of, and candidates for nomination or | ||||||
2 | election to, the office
of judge or associate judge of the | ||||||
3 | Circuit Court and the office of judge of
the Appellate or | ||||||
4 | Supreme Court.
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5 | (f) Persons who are employed by any branch, agency, | ||||||
6 | authority or board
of the government of this State, | ||||||
7 | including but not limited to, the Illinois
State Toll | ||||||
8 | Highway Authority, the Illinois Housing Development | ||||||
9 | Authority,
the Illinois Community College Board, and | ||||||
10 | institutions under the
jurisdiction of the Board of | ||||||
11 | Trustees
of the University of Illinois, Board of Trustees | ||||||
12 | of Southern Illinois
University, Board of Trustees of | ||||||
13 | Chicago State University,
Board of Trustees of Eastern | ||||||
14 | Illinois University, Board of Trustees of Governors
State | ||||||
15 | University, Board of Trustees of Illinois State | ||||||
16 | University,
Board of Trustees of Northeastern Illinois | ||||||
17 | University, Board of Trustees of
Northern Illinois | ||||||
18 | University, Board of Trustees of Western Illinois
| ||||||
19 | University, or Board of Trustees of the Illinois | ||||||
20 | Mathematics and Science
Academy, and are compensated for | ||||||
21 | services as employees and not as
independent contractors | ||||||
22 | and who:
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23 | (1) are, or function as, the head of a department, | ||||||
24 | commission, board,
division, bureau, authority or | ||||||
25 | other administrative unit within the
government of | ||||||
26 | this State, or who exercise similar authority within |
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1 | the
government of this State;
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2 | (2) have direct supervisory authority over, or | ||||||
3 | direct responsibility for
the formulation, | ||||||
4 | negotiation, issuance or execution of contracts | ||||||
5 | entered into
by the State in the amount of $5,000 or | ||||||
6 | more;
| ||||||
7 | (3) have authority for the issuance or | ||||||
8 | promulgation of rules and
regulations within areas | ||||||
9 | under the authority of the State;
| ||||||
10 | (4) have authority for the approval of | ||||||
11 | professional licenses;
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12 | (5) have responsibility with respect to the | ||||||
13 | financial inspection
of regulated nongovernmental | ||||||
14 | entities;
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15 | (6) adjudicate, arbitrate, or decide any judicial | ||||||
16 | or administrative
proceeding, or review the | ||||||
17 | adjudication, arbitration or decision of any judicial
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18 | or administrative proceeding within the authority of | ||||||
19 | the State;
| ||||||
20 | (7) have supervisory responsibility for 20 or more | ||||||
21 | employees of the
State;
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22 | (8) negotiate, assign, authorize, or grant naming | ||||||
23 | rights or sponsorship rights regarding any property or | ||||||
24 | asset of the State, whether real, personal, tangible, | ||||||
25 | or intangible; or
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26 | (9) have responsibility with respect to the |
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1 | procurement of goods or services. | ||||||
2 | (f-5) Members of the board of commissioners of any | ||||||
3 | flood prevention district created under the Flood | ||||||
4 | Prevention District Act or the Beardstown Regional Flood | ||||||
5 | Prevention District Act. | ||||||
6 | (g) (Blank).
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7 | (h) (Blank).
| ||||||
8 | (i) (Blank).
| ||||||
9 | (j) Persons on the Board of Trustees of the Illinois | ||||||
10 | Mathematics and
Science Academy.
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11 | (k) (Blank).
| ||||||
12 | (l) Special government agents. A "special government | ||||||
13 | agent" is a
person who is directed, retained, designated, | ||||||
14 | appointed, or
employed, with or without compensation, by | ||||||
15 | or on behalf of a
statewide executive branch | ||||||
16 | constitutional officer to make an ex
parte communication | ||||||
17 | under Section 5-50 of the State Officials and
Employees | ||||||
18 | Ethics Act or Section 5-165 of the Illinois
Administrative | ||||||
19 | Procedure Act.
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20 | (m) (Blank). | ||||||
21 | (n) Members of the board of any retirement system or | ||||||
22 | investment board established under the Illinois Pension | ||||||
23 | Code, if not required to file under any other provision of | ||||||
24 | this Section. | ||||||
25 | (o) (Blank). | ||||||
26 | (p) Members of the investment advisory panel created |
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1 | under Section 20 of the Illinois Prepaid Tuition Act. | ||||||
2 | (q) Persons serving as Executive Director or otherwise | ||||||
3 | involved with directing the affairs of a Regional | ||||||
4 | Development Authority. As used in this subsection, | ||||||
5 | "Regional Development Authority" has the meaning given to | ||||||
6 | that term in Section 1-5 of the State Officials and | ||||||
7 | Employees Ethics Act. | ||||||
8 | This Section shall not be construed to prevent any unit of | ||||||
9 | local government
from enacting financial disclosure | ||||||
10 | requirements that mandate
more information
than required by | ||||||
11 | this Act.
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12 | (Source: P.A. 101-81, eff. 7-12-19; 101-221, eff. 8-9-19.)
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13 | Section 10. The State Officials and Employees Ethics Act | ||||||
14 | is amended by changing Sections 1-5, 20-5, 20-10, 20-23, and | ||||||
15 | 75-5 and changing the heading of Article 75 as follows:
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16 | (5 ILCS 430/1-5)
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17 | Sec. 1-5. Definitions. As used in this Act:
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18 | "Appointee" means a person appointed to a position in or | ||||||
19 | with a State
agency, regardless of whether the position is | ||||||
20 | compensated.
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21 | "Board members of Regional Development Authorities" means
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22 | any person appointed to serve on the governing board of a
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23 | Regional Development Authority. | ||||||
24 | "Board members of Regional Transit Boards" means any |
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1 | person appointed to serve on the governing board of a Regional | ||||||
2 | Transit Board. | ||||||
3 | "Campaign for elective office" means any activity in | ||||||
4 | furtherance of an
effort to influence the selection, | ||||||
5 | nomination, election, or appointment of any
individual to any | ||||||
6 | federal, State, or local public office or office in a
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7 | political organization, or the selection, nomination, or | ||||||
8 | election
of Presidential or Vice-Presidential electors,
but | ||||||
9 | does not include
activities (i) relating to the support or | ||||||
10 | opposition of any executive,
legislative, or administrative | ||||||
11 | action (as those terms are defined in Section 2
of the Lobbyist | ||||||
12 | Registration Act), (ii) relating to collective bargaining, or
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13 | (iii) that are otherwise in furtherance of the person's | ||||||
14 | official State duties.
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15 | "Candidate" means a person who has
filed nominating papers | ||||||
16 | or petitions for nomination or election to an elected
State | ||||||
17 | office, or who has been appointed to fill a vacancy in | ||||||
18 | nomination, and
who remains eligible for placement on the | ||||||
19 | ballot at either a
general primary election or general | ||||||
20 | election.
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21 | "Collective bargaining" has the same meaning as that term | ||||||
22 | is defined in
Section 3 of the Illinois Public Labor Relations | ||||||
23 | Act.
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24 | "Commission" means an ethics commission created by this | ||||||
25 | Act.
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26 | "Compensated time" means any time worked by or credited to |
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1 | a State employee
that counts
toward any minimum work time | ||||||
2 | requirement imposed as a condition of employment
with a State | ||||||
3 | agency, but does not include any designated State holidays or | ||||||
4 | any
period when the employee is on a
leave of absence.
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5 | "Compensatory time off" means authorized time off earned | ||||||
6 | by or awarded to a
State employee to compensate in whole or in | ||||||
7 | part for time worked in excess of
the minimum work time | ||||||
8 | required
of that employee as a condition of employment with a | ||||||
9 | State agency.
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10 | "Contribution" has the same meaning as that term is | ||||||
11 | defined in Section 9-1.4
of the Election Code.
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12 | "Employee" means (i) any person employed full-time, | ||||||
13 | part-time, or
pursuant to a contract and whose employment | ||||||
14 | duties are subject to the direction
and
control of an employer | ||||||
15 | with regard to the material details of how the work is
to be | ||||||
16 | performed or (ii) any appointed or elected commissioner, | ||||||
17 | trustee, director, or board member of a board of a State | ||||||
18 | agency, including any retirement system or investment board | ||||||
19 | subject to the Illinois Pension Code or (iii) any other | ||||||
20 | appointee.
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21 | "Employment benefits" include but are not limited to the | ||||||
22 | following: modified compensation or benefit terms; compensated | ||||||
23 | time off; or change of title, job duties, or location of office | ||||||
24 | or employment. An employment benefit may also include | ||||||
25 | favorable treatment in determining whether to bring any | ||||||
26 | disciplinary or similar action or favorable treatment during |
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1 | the course of any disciplinary or similar action or other | ||||||
2 | performance review. | ||||||
3 | "Executive branch constitutional officer" means the | ||||||
4 | Governor, Lieutenant
Governor, Attorney General, Secretary of | ||||||
5 | State, Comptroller, and Treasurer.
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6 | "Gift" means any gratuity, discount, entertainment, | ||||||
7 | hospitality, loan,
forbearance, or other tangible or | ||||||
8 | intangible item having monetary value
including, but not
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9 | limited to, cash, food and drink, and honoraria for speaking | ||||||
10 | engagements
related to or attributable to government | ||||||
11 | employment or the official position of
an
employee, member, or | ||||||
12 | officer.
The value of a gift may be further defined by rules | ||||||
13 | adopted by the appropriate ethics commission or by the Auditor | ||||||
14 | General for the Auditor General and for employees of the | ||||||
15 | office of the Auditor General.
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16 | "Governmental entity" means a unit of local government | ||||||
17 | (including a community college district) or a school
district | ||||||
18 | but not a State
agency , or a Regional Transit Board , or a | ||||||
19 | Regional Development Authority .
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20 | "Leave of absence" means any period during which a State | ||||||
21 | employee does not
receive (i) compensation for State | ||||||
22 | employment, (ii) service credit towards
State pension | ||||||
23 | benefits, and (iii) health insurance benefits paid for by the
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24 | State.
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25 | "Legislative branch constitutional officer" means a member | ||||||
26 | of the General
Assembly and the Auditor General.
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1 | "Legislative leader" means the President and Minority | ||||||
2 | Leader of the Senate
and the Speaker and Minority Leader of the | ||||||
3 | House of Representatives.
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4 | "Member" means a member of the General Assembly.
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5 | "Officer" means an executive branch constitutional officer
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6 | or a
legislative branch constitutional officer.
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7 | "Political" means any activity in support
of or in | ||||||
8 | connection with any campaign for elective office or any | ||||||
9 | political
organization, but does not include activities (i) | ||||||
10 | relating to the support or
opposition of any executive, | ||||||
11 | legislative, or administrative action (as those
terms are | ||||||
12 | defined in Section 2 of the Lobbyist Registration Act), (ii) | ||||||
13 | relating
to collective bargaining, or (iii) that are
otherwise
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14 | in furtherance of the person's official
State duties or | ||||||
15 | governmental and public service functions.
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16 | "Political organization" means a party, committee, | ||||||
17 | association, fund, or
other organization (whether or not | ||||||
18 | incorporated) that is required to file a
statement of | ||||||
19 | organization with the State Board of Elections or a county | ||||||
20 | clerk
under Section 9-3 of the Election Code, but only with | ||||||
21 | regard to those
activities that require filing with the State | ||||||
22 | Board of Elections or a county
clerk.
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23 | "Prohibited political activity" means:
| ||||||
24 | (1) Preparing for, organizing, or participating in any
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25 | political meeting, political rally, political | ||||||
26 | demonstration, or other political
event.
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1 | (2) Soliciting contributions, including but not | ||||||
2 | limited to the purchase
of, selling, distributing, or | ||||||
3 | receiving
payment for tickets for any political | ||||||
4 | fundraiser,
political meeting, or other political event.
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5 | (3) Soliciting, planning the solicitation of, or | ||||||
6 | preparing any document or
report regarding any thing of | ||||||
7 | value intended as a campaign contribution.
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8 | (4) Planning, conducting, or participating in a public | ||||||
9 | opinion
poll in connection with a campaign for elective | ||||||
10 | office or on behalf of a
political organization for | ||||||
11 | political purposes or for or against any referendum
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12 | question.
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13 | (5) Surveying or gathering information from potential | ||||||
14 | or actual
voters in an election to determine probable vote | ||||||
15 | outcome in connection with a
campaign for elective office | ||||||
16 | or on behalf of a political organization for
political | ||||||
17 | purposes or for or against any referendum question.
| ||||||
18 | (6) Assisting at the polls on election day on behalf | ||||||
19 | of any
political organization or candidate for elective | ||||||
20 | office or for or against any
referendum
question.
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21 | (7) Soliciting votes on behalf of a candidate for | ||||||
22 | elective office or a
political organization or for or | ||||||
23 | against any referendum question or helping in
an effort to | ||||||
24 | get voters
to the polls.
| ||||||
25 | (8) Initiating for circulation, preparing, | ||||||
26 | circulating, reviewing, or
filing any petition on
behalf |
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1 | of a candidate for elective office or for or against any | ||||||
2 | referendum
question.
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3 | (9) Making contributions on behalf
of any candidate | ||||||
4 | for elective office in that capacity or in connection with | ||||||
5 | a
campaign for elective office.
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6 | (10) Preparing or reviewing responses to candidate | ||||||
7 | questionnaires in
connection with a campaign for elective | ||||||
8 | office or on behalf of a political
organization for | ||||||
9 | political purposes.
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10 | (11) Distributing, preparing for distribution, or | ||||||
11 | mailing campaign
literature, campaign signs, or other | ||||||
12 | campaign material on behalf of any
candidate for elective | ||||||
13 | office or for or against any referendum question.
| ||||||
14 | (12) Campaigning for any elective
office or for or | ||||||
15 | against any referendum question.
| ||||||
16 | (13) Managing or working on a campaign for elective
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17 | office or for or against any referendum question.
| ||||||
18 | (14) Serving as a delegate, alternate, or proxy to a | ||||||
19 | political
party convention.
| ||||||
20 | (15) Participating in any recount or challenge to the | ||||||
21 | outcome of
any election, except to the extent that under | ||||||
22 | subsection (d) of
Section 6 of Article IV of the Illinois | ||||||
23 | Constitution each house of the General
Assembly shall | ||||||
24 | judge the elections, returns, and qualifications of its | ||||||
25 | members.
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26 | "Prohibited source" means any person or entity who:
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1 | (1) is seeking official action (i) by the
member or | ||||||
2 | officer or (ii) in the case of an employee, by
the employee
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3 | or by the
member, officer, State agency, or other employee | ||||||
4 | directing the
employee;
| ||||||
5 | (2) does business or seeks to do business (i) with the
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6 | member or officer or (ii) in the case of an employee,
with | ||||||
7 | the
employee or with the member, officer, State agency, or | ||||||
8 | other
employee directing the
employee;
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9 | (3) conducts activities regulated (i) by the
member or | ||||||
10 | officer or (ii) in the case of an employee, by
the employee | ||||||
11 | or by the member, officer, State agency, or
other employee | ||||||
12 | directing the employee;
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13 | (4) has interests that may be substantially affected | ||||||
14 | by the performance or
non-performance of the official | ||||||
15 | duties of the member, officer, or
employee;
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16 | (5) is registered or required to be registered with | ||||||
17 | the Secretary of State
under the Lobbyist Registration | ||||||
18 | Act, except that an entity not otherwise a
prohibited | ||||||
19 | source does not become a prohibited source merely because | ||||||
20 | a
registered lobbyist is one of its members or serves on | ||||||
21 | its board of
directors; or | ||||||
22 | (6) is an agent of, a spouse of, or an immediate family | ||||||
23 | member who is living with a "prohibited source".
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24 | "Regional Development Authority" means the following | ||||||
25 | regional development authorities: | ||||||
26 | (1) the Central
Illinois Economic Development |
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1 | Authority created by the Central
Illinois Economic | ||||||
2 | Development Authority Act; | ||||||
3 | (2) the Eastern
Illinois Economic Development | ||||||
4 | Authority created by the Eastern
Illinois Economic | ||||||
5 | Development Authority Act; | ||||||
6 | (3) the Joliet
Arsenal Development Authority created | ||||||
7 | by the Joliet Arsenal
Development Authority Act; | ||||||
8 | (4) the Quad Cities Regional
Economic Development | ||||||
9 | Authority created by Quad Cities Regional
Economic | ||||||
10 | Development Authority Act, approved September 22,
1987; | ||||||
11 | (5) the Riverdale Development Authority created by the
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12 | Riverdale Development Authority Act; | ||||||
13 | (6) the Southeastern
Illinois Economic Development | ||||||
14 | Authority created by the
Southeastern Illinois Economic | ||||||
15 | Development Authority Act; | ||||||
16 | (7) the Southern Illinois Economic Development | ||||||
17 | Authority
created by the Southern Illinois Economic | ||||||
18 | Development
Authority Act; | ||||||
19 | (8) the Southwestern Illinois Development
Authority | ||||||
20 | created by the Southwestern Illinois Development
Authority | ||||||
21 | Act; | ||||||
22 | (9) the Tri-County River Valley Development
Authority | ||||||
23 | created by the Tri-County River Valley Development
| ||||||
24 | Authority Law; | ||||||
25 | (10) the Upper Illinois River Valley Development
| ||||||
26 | Authority created by the Upper Illinois River Valley
|
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| |||||||
1 | Development Authority Act; | ||||||
2 | (11) the Illinois Urban Development
Authority created | ||||||
3 | by the Illinois Urban Development Authority
Act; | ||||||
4 | (12) the Western Illinois Economic Development | ||||||
5 | Authority
created by the Western Illinois Economic | ||||||
6 | Development Authority
Act; and | ||||||
7 | (13) the Will-Kankakee Regional Development
Authority | ||||||
8 | created by the Will-Kankakee Regional Development
| ||||||
9 | Authority Law. | ||||||
10 | "Regional Transit Boards" means (i) the Regional | ||||||
11 | Transportation Authority created by the Regional | ||||||
12 | Transportation Authority Act, (ii) the Suburban Bus Division | ||||||
13 | created by the Regional Transportation Authority Act, (iii) | ||||||
14 | the Commuter Rail Division created by the Regional | ||||||
15 | Transportation Authority Act, and (iv) the Chicago Transit | ||||||
16 | Authority created by the Metropolitan Transit Authority Act. | ||||||
17 | "State agency" includes all officers, boards, commissions | ||||||
18 | and agencies
created by the Constitution, whether in the | ||||||
19 | executive or legislative
branch; all officers,
departments, | ||||||
20 | boards, commissions, agencies, institutions, authorities,
| ||||||
21 | public institutions of higher learning as defined in Section 2 | ||||||
22 | of the Higher
Education
Cooperation Act (except community | ||||||
23 | colleges), and bodies politic and corporate of the State; and
| ||||||
24 | administrative
units or corporate outgrowths of the State | ||||||
25 | government which are created by
or pursuant to statute, other | ||||||
26 | than units of local government (including community college |
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1 | districts) and their
officers, school districts, and boards of | ||||||
2 | election commissioners; and all
administrative units and | ||||||
3 | corporate outgrowths of the above and as may be
created by | ||||||
4 | executive order of the Governor. "State agency" includes the | ||||||
5 | General
Assembly, the Senate, the House of Representatives, | ||||||
6 | the President and Minority
Leader of the Senate, the Speaker | ||||||
7 | and Minority Leader of the House of
Representatives, the | ||||||
8 | Senate Operations Commission, and the legislative support
| ||||||
9 | services agencies. "State agency" includes the Office
of the | ||||||
10 | Auditor General. "State agency" does not include the judicial | ||||||
11 | branch.
| ||||||
12 | "State employee" means any employee of a State agency.
| ||||||
13 | "Ultimate jurisdictional
authority" means the following:
| ||||||
14 | (1) For members, legislative partisan staff, and | ||||||
15 | legislative secretaries,
the appropriate
legislative | ||||||
16 | leader: President of the
Senate, Minority Leader of the | ||||||
17 | Senate, Speaker of the House of Representatives,
or | ||||||
18 | Minority Leader of the House of Representatives.
| ||||||
19 | (2) For State employees who are professional staff or | ||||||
20 | employees of the
Senate and not covered under item (1), | ||||||
21 | the Senate Operations Commission.
| ||||||
22 | (3) For State employees who are professional staff or | ||||||
23 | employees of the
House of Representatives and not covered | ||||||
24 | under item (1), the Speaker of the
House of | ||||||
25 | Representatives.
| ||||||
26 | (4) For State employees who are employees of the |
| |||||||
| |||||||
1 | legislative support
services agencies, the Joint Committee | ||||||
2 | on Legislative Support Services.
| ||||||
3 | (5) For State employees of the Auditor General, the | ||||||
4 | Auditor General.
| ||||||
5 | (6) For State employees of public institutions of | ||||||
6 | higher learning as
defined in Section 2 of the Higher | ||||||
7 | Education Cooperation Act (except community colleges), the | ||||||
8 | board of
trustees of the appropriate public institution of | ||||||
9 | higher learning.
| ||||||
10 | (7) For State employees of an executive branch | ||||||
11 | constitutional officer
other than those described in | ||||||
12 | paragraph (6), the
appropriate executive branch | ||||||
13 | constitutional officer.
| ||||||
14 | (8) For State employees not under the jurisdiction of | ||||||
15 | paragraph (1), (2),
(3), (4), (5), (6), or (7), the | ||||||
16 | Governor.
| ||||||
17 | (9) For employees of Regional Transit Boards, the | ||||||
18 | appropriate Regional Transit Board.
| ||||||
19 | (10) For board members of Regional Transit Boards, the | ||||||
20 | Governor. | ||||||
21 | (11) For employees of Regional Development | ||||||
22 | Authorities, the appropriate Regional Development | ||||||
23 | Authority. | ||||||
24 | (12) For board members of Regional Development | ||||||
25 | Authorities, the Governor. | ||||||
26 | (Source: P.A. 96-6, eff. 4-3-09; 96-555, eff. 8-18-09; |
| |||||||
| |||||||
1 | 96-1528, eff. 7-1-11; 96-1533, eff. 3-4-11; 97-813, eff. | ||||||
2 | 7-13-12.)
| ||||||
3 | (5 ILCS 430/20-5)
| ||||||
4 | Sec. 20-5. Executive Ethics Commission.
| ||||||
5 | (a) The Executive Ethics Commission is created.
| ||||||
6 | (b) The Executive Ethics Commission shall consist of 9
| ||||||
7 | commissioners.
The Governor shall appoint 5 commissioners, and | ||||||
8 | the Attorney General, Secretary
of State, Comptroller, and | ||||||
9 | Treasurer shall each appoint one commissioner.
Appointments | ||||||
10 | shall be made by and with the advice and consent of the
Senate | ||||||
11 | by three-fifths of the elected members concurring by record | ||||||
12 | vote.
Any nomination not acted upon by the Senate within 60 | ||||||
13 | session days of the
receipt thereof shall be deemed to have | ||||||
14 | received the advice and consent of
the Senate. If, during a | ||||||
15 | recess of the Senate, there is a vacancy in an office
of | ||||||
16 | commissioner, the appointing authority shall make a temporary
| ||||||
17 | appointment until the next meeting of the Senate when the | ||||||
18 | appointing
authority shall make a nomination to fill that | ||||||
19 | office. No person rejected for
an office of commissioner | ||||||
20 | shall, except by the Senate's request, be
nominated again for | ||||||
21 | that office at the same session of the Senate or be
appointed | ||||||
22 | to that office during a recess of that Senate.
No more than 5
| ||||||
23 | commissioners may be of the same
political party.
| ||||||
24 | The terms of the initial commissioners shall commence upon | ||||||
25 | qualification.
Four initial appointees of the Governor, as |
| |||||||
| |||||||
1 | designated by the Governor, shall
serve terms running through | ||||||
2 | June 30, 2007. One initial appointee of the
Governor, as | ||||||
3 | designated by the Governor, and the initial appointees of the
| ||||||
4 | Attorney General, Secretary of State, Comptroller, and | ||||||
5 | Treasurer shall serve
terms running through June 30, 2008.
The | ||||||
6 | initial appointments shall be made within 60 days
after the | ||||||
7 | effective date of this Act.
| ||||||
8 | After the initial terms, commissioners shall serve for | ||||||
9 | 4-year terms
commencing on July 1 of the year of appointment | ||||||
10 | and running
through June 30 of the fourth following year. | ||||||
11 | Commissioners may be
reappointed to one or more subsequent | ||||||
12 | terms.
| ||||||
13 | Vacancies occurring other than at the end of a term shall | ||||||
14 | be filled
by the appointing authority only for the balance of | ||||||
15 | the
term of the commissioner whose office is vacant.
| ||||||
16 | Terms shall run regardless of whether the position is | ||||||
17 | filled.
| ||||||
18 | (c) The appointing authorities shall appoint commissioners | ||||||
19 | who
have experience holding governmental office or employment | ||||||
20 | and shall
appoint commissioners from the general public.
A | ||||||
21 | person is not eligible to
serve as a commissioner if that | ||||||
22 | person (i) has been convicted of a
felony or a crime of | ||||||
23 | dishonesty or moral turpitude, (ii) is, or was
within the | ||||||
24 | preceding 12 months, engaged in activities that
require | ||||||
25 | registration under the Lobbyist Registration Act, (iii) is | ||||||
26 | related
to the appointing authority, or (iv) is a State |
| |||||||
| |||||||
1 | officer or employee.
| ||||||
2 | (d) The Executive Ethics Commission shall have
| ||||||
3 | jurisdiction over all officers and employees of State agencies | ||||||
4 | other
than the General Assembly, the Senate, the House of | ||||||
5 | Representatives,
the President and Minority Leader of the | ||||||
6 | Senate, the Speaker and
Minority Leader of the House of | ||||||
7 | Representatives, the Senate
Operations Commission, the | ||||||
8 | legislative support services agencies, and
the Office of the | ||||||
9 | Auditor General.
The Executive Ethics Commission shall have | ||||||
10 | jurisdiction over all board members and employees of Regional | ||||||
11 | Transit Boards and all board members and employees of Regional | ||||||
12 | Development Authorities . The jurisdiction of the
Commission is | ||||||
13 | limited to matters arising under this Act, except as provided | ||||||
14 | in subsection (d-5).
| ||||||
15 | A member or legislative branch State employee serving on | ||||||
16 | an executive branch board or commission remains subject to the | ||||||
17 | jurisdiction of the Legislative Ethics Commission and is not | ||||||
18 | subject to the jurisdiction of the Executive Ethics | ||||||
19 | Commission. | ||||||
20 | (d-5) The Executive Ethics Commission shall have | ||||||
21 | jurisdiction over all chief procurement officers and | ||||||
22 | procurement compliance monitors and their respective staffs. | ||||||
23 | The Executive Ethics Commission shall have jurisdiction over | ||||||
24 | any matters arising under the Illinois Procurement Code if the | ||||||
25 | Commission is given explicit authority in that Code. | ||||||
26 | (d-6) (1) The Executive Ethics Commission shall have |
| |||||||
| |||||||
1 | jurisdiction over the Illinois Power Agency and its staff. The | ||||||
2 | Director of the Agency shall be appointed by a majority of the | ||||||
3 | commissioners of the Executive Ethics Commission, subject to | ||||||
4 | Senate confirmation, for a term of 2 years. The Director is | ||||||
5 | removable for cause by a majority of the Commission upon a | ||||||
6 | finding of neglect, malfeasance, absence, or incompetence. | ||||||
7 | (2) In case of a vacancy in the office of Director of the | ||||||
8 | Illinois Power Agency during a recess of the Senate, the | ||||||
9 | Executive Ethics Commission may make a temporary appointment | ||||||
10 | until the next meeting of the Senate, at which time the | ||||||
11 | Executive Ethics Commission shall nominate some person to fill | ||||||
12 | the office, and any person so nominated who is confirmed by the | ||||||
13 | Senate shall hold office during the remainder of the term and | ||||||
14 | until his or her successor is appointed and qualified. Nothing | ||||||
15 | in this subsection shall prohibit the Executive Ethics | ||||||
16 | Commission from removing a temporary appointee or from | ||||||
17 | appointing a temporary appointee as the Director of the | ||||||
18 | Illinois Power Agency. | ||||||
19 | (3) Prior to June 1, 2012, the Executive Ethics Commission | ||||||
20 | may, until the Director of the Illinois Power Agency is | ||||||
21 | appointed and qualified or a temporary appointment is made | ||||||
22 | pursuant to paragraph (2) of this subsection, designate some | ||||||
23 | person as an acting Director to execute the powers and | ||||||
24 | discharge the duties vested by law in that Director. An acting | ||||||
25 | Director shall serve no later than 60 calendar days, or upon | ||||||
26 | the making of an appointment pursuant to paragraph (1) or (2) |
| |||||||
| |||||||
1 | of this subsection, whichever is earlier. Nothing in this | ||||||
2 | subsection shall prohibit the Executive Ethics Commission from | ||||||
3 | removing an acting Director or from appointing an acting | ||||||
4 | Director as the Director of the Illinois Power Agency. | ||||||
5 | (4) No person rejected by the Senate for the office of | ||||||
6 | Director of the Illinois Power Agency shall, except at the | ||||||
7 | Senate's request, be nominated again for that office at the | ||||||
8 | same session or be appointed to that office during a recess of | ||||||
9 | that Senate. | ||||||
10 | (d-7) The Executive Ethics Commission shall have | ||||||
11 | jurisdiction over complainants and respondents in violation of | ||||||
12 | subsection (d) of Section 20-90. | ||||||
13 | (e) The Executive Ethics Commission must meet, either
in | ||||||
14 | person or by other technological means, at least monthly and | ||||||
15 | as
often as necessary. At the first meeting of the Executive
| ||||||
16 | Ethics Commission, the commissioners shall choose from their
| ||||||
17 | number a chairperson and other officers that they deem | ||||||
18 | appropriate.
The terms of officers shall be for 2 years | ||||||
19 | commencing July 1 and
running through June 30 of the second | ||||||
20 | following year. Meetings shall be held at
the call
of the | ||||||
21 | chairperson or any 3 commissioners. Official action by the
| ||||||
22 | Commission shall require the affirmative vote of 5 | ||||||
23 | commissioners, and
a quorum shall consist of 5 commissioners. | ||||||
24 | Commissioners shall receive
compensation in an amount equal to | ||||||
25 | the compensation of members of the State
Board of Elections | ||||||
26 | and may be
reimbursed for their reasonable expenses actually |
| |||||||
| |||||||
1 | incurred in the
performance of their duties.
| ||||||
2 | (f) No commissioner or employee of the Executive
Ethics | ||||||
3 | Commission may during his or her term of appointment or | ||||||
4 | employment:
| ||||||
5 | (1) become a candidate for any elective office;
| ||||||
6 | (2) hold any other elected or appointed public office | ||||||
7 | except for
appointments on governmental advisory boards or | ||||||
8 | study commissions or as
otherwise expressly authorized by | ||||||
9 | law;
| ||||||
10 | (3) be actively involved in the affairs of any | ||||||
11 | political party or
political
organization; or
| ||||||
12 | (4) advocate for the appointment of another person to | ||||||
13 | an appointed or elected office or position or actively | ||||||
14 | participate in any campaign for any elective office.
| ||||||
15 | (g) An appointing authority may remove a commissioner only | ||||||
16 | for cause.
| ||||||
17 | (h) The Executive Ethics Commission shall appoint an | ||||||
18 | Executive Director. The
compensation of the Executive Director | ||||||
19 | shall be as determined by the Commission. The Executive
| ||||||
20 | Director of the Executive Ethics Commission may employ and | ||||||
21 | determine the
compensation of staff, as appropriations permit.
| ||||||
22 | (i) The Executive Ethics Commission shall appoint, by a | ||||||
23 | majority of the members appointed to the Commission, chief | ||||||
24 | procurement officers and may appoint procurement compliance | ||||||
25 | monitors in accordance with the provisions of the Illinois | ||||||
26 | Procurement Code. The compensation of a chief procurement |
| |||||||
| |||||||
1 | officer and procurement compliance monitor shall be determined | ||||||
2 | by the Commission. | ||||||
3 | (Source: P.A. 100-43, eff. 8-9-17; 101-221, eff. 8-9-19; | ||||||
4 | 101-617, eff. 12-20-19.)
| ||||||
5 | (5 ILCS 430/20-10)
| ||||||
6 | Sec. 20-10. Offices of Executive Inspectors General.
| ||||||
7 | (a) Five independent Offices of the Executive Inspector | ||||||
8 | General are
created,
one each for the Governor, the Attorney | ||||||
9 | General, the Secretary of State, the
Comptroller, and the | ||||||
10 | Treasurer. Each Office shall be under the direction and
| ||||||
11 | supervision
of an Executive Inspector General and shall be a | ||||||
12 | fully independent office with
separate
appropriations.
| ||||||
13 | (b) The Governor, Attorney General, Secretary of State, | ||||||
14 | Comptroller, and
Treasurer shall each appoint an Executive | ||||||
15 | Inspector General, without regard to
political affiliation and | ||||||
16 | solely on the basis of integrity and
demonstrated ability.
| ||||||
17 | Appointments shall be made by and with the advice and consent | ||||||
18 | of the
Senate by three-fifths of the elected members | ||||||
19 | concurring by record vote.
Any nomination not acted upon by | ||||||
20 | the Senate within 60 session days of the
receipt thereof shall | ||||||
21 | be deemed to have received the advice and consent of
the | ||||||
22 | Senate. If, during a recess of the Senate, there is a vacancy | ||||||
23 | in an office
of Executive Inspector General, the appointing | ||||||
24 | authority shall make a
temporary appointment until the next | ||||||
25 | meeting of the Senate when the
appointing authority shall make |
| |||||||
| |||||||
1 | a nomination to fill that office. No person
rejected for an | ||||||
2 | office of Executive Inspector General shall, except by the
| ||||||
3 | Senate's request, be nominated again for that office at the | ||||||
4 | same session of
the Senate or be appointed to that office | ||||||
5 | during a recess of that Senate.
| ||||||
6 | Nothing in this Article precludes the appointment by the | ||||||
7 | Governor, Attorney
General,
Secretary of State, Comptroller, | ||||||
8 | or Treasurer of any other inspector general
required or
| ||||||
9 | permitted by law. The Governor, Attorney General, Secretary of | ||||||
10 | State,
Comptroller, and
Treasurer
each may appoint an existing | ||||||
11 | inspector general as the Executive Inspector
General
required | ||||||
12 | by this
Article, provided that such an inspector general is | ||||||
13 | not prohibited by law,
rule,
jurisdiction, qualification, or | ||||||
14 | interest from serving as the Executive
Inspector General
| ||||||
15 | required by
this Article.
An appointing authority may not | ||||||
16 | appoint a relative as an Executive Inspector
General.
| ||||||
17 | Each Executive Inspector General shall have the following | ||||||
18 | qualifications:
| ||||||
19 | (1) has not been convicted of any felony under the | ||||||
20 | laws of this State,
another State, or the United States;
| ||||||
21 | (2) has earned a baccalaureate degree from an | ||||||
22 | institution of higher
education; and
| ||||||
23 | (3) has 5 or more years of cumulative service (A) with | ||||||
24 | a federal,
State, or
local law enforcement agency, at | ||||||
25 | least 2 years of which have been in a
progressive | ||||||
26 | investigatory capacity; (B)
as a
federal, State, or local |
| |||||||
| |||||||
1 | prosecutor; (C)
as a
senior manager or executive of a | ||||||
2 | federal, State, or local
agency; (D) as a member, an | ||||||
3 | officer,
or a State
or federal judge; or (E) representing | ||||||
4 | any combination of items (A) through (D).
| ||||||
5 | The term of each initial Executive Inspector General shall
| ||||||
6 | commence upon qualification and shall run through June 30, | ||||||
7 | 2008. The
initial appointments shall be made within 60 days | ||||||
8 | after the effective
date of this Act.
| ||||||
9 | After the initial term, each Executive Inspector General | ||||||
10 | shall serve
for 5-year terms commencing on July 1 of the year | ||||||
11 | of appointment
and running through June 30 of the fifth | ||||||
12 | following year. An
Executive Inspector General may be | ||||||
13 | reappointed to one or more
subsequent terms.
| ||||||
14 | A vacancy occurring other than at the end of a term shall | ||||||
15 | be filled
by the appointing authority only for the balance of | ||||||
16 | the term of the Executive
Inspector General whose office is | ||||||
17 | vacant.
| ||||||
18 | Terms shall run regardless of whether the position is | ||||||
19 | filled.
| ||||||
20 | (c) The Executive Inspector General appointed by the | ||||||
21 | Attorney General shall
have jurisdiction over the Attorney | ||||||
22 | General and all officers and employees of,
and vendors and | ||||||
23 | others doing business with,
State agencies within the | ||||||
24 | jurisdiction of the Attorney General. The Executive
Inspector | ||||||
25 | General appointed by the Secretary of State shall have | ||||||
26 | jurisdiction
over the Secretary of State and all officers and |
| |||||||
| |||||||
1 | employees of, and vendors and
others doing business with, | ||||||
2 | State agencies within the
jurisdiction of the Secretary of | ||||||
3 | State. The Executive Inspector General
appointed by the | ||||||
4 | Comptroller shall have jurisdiction over the Comptroller and
| ||||||
5 | all officers and employees of, and vendors and others doing | ||||||
6 | business with,
State agencies within the jurisdiction of the | ||||||
7 | Comptroller. The
Executive Inspector General appointed by the | ||||||
8 | Treasurer shall have jurisdiction
over the Treasurer and all | ||||||
9 | officers and employees of, and vendors and others
doing | ||||||
10 | business with, State agencies within the jurisdiction
of the | ||||||
11 | Treasurer. The Executive Inspector General appointed by the | ||||||
12 | Governor
shall have jurisdiction over (i) the Governor, (ii) | ||||||
13 | the Lieutenant Governor, (iii) all
officers and employees of, | ||||||
14 | and vendors and others doing business with,
executive branch | ||||||
15 | State agencies under the jurisdiction of the
Executive Ethics | ||||||
16 | Commission and not within the jurisdiction of the
Attorney
| ||||||
17 | General, the Secretary of State, the Comptroller, or the | ||||||
18 | Treasurer, and (iv) all board members and employees of the | ||||||
19 | Regional Transit Boards and all vendors and others doing | ||||||
20 | business with the Regional Transit Boards , and (v) all board | ||||||
21 | members and employees of the
Regional Development Authorities | ||||||
22 | and all vendors and others
doing business with the Regional | ||||||
23 | Development Authorities .
| ||||||
24 | The jurisdiction of each Executive Inspector General is to | ||||||
25 | investigate
allegations of fraud, waste, abuse, mismanagement, | ||||||
26 | misconduct, nonfeasance,
misfeasance,
malfeasance, or |
| |||||||
| |||||||
1 | violations of this Act or violations of other related
laws and | ||||||
2 | rules.
| ||||||
3 | Each Executive Inspector General shall have jurisdiction | ||||||
4 | over complainants in violation of subsection (e) of Section | ||||||
5 | 20-63 for disclosing a summary report prepared by the | ||||||
6 | respective Executive Inspector General. | ||||||
7 | (d) The compensation for each Executive Inspector General | ||||||
8 | shall be
determined by the Executive Ethics Commission and | ||||||
9 | shall be provided from appropriations made to the Comptroller | ||||||
10 | for this purpose. For terms of office beginning on or after | ||||||
11 | July 1, 2023, each Executive Inspector General shall receive, | ||||||
12 | on July 1 of each year, beginning on July 1, 2024, an increase | ||||||
13 | in salary based on a cost of living adjustment as authorized by | ||||||
14 | Senate Joint Resolution 192 of the 86th General Assembly. | ||||||
15 | Subject to Section 20-45 of this Act, each
Executive Inspector | ||||||
16 | General has full
authority
to organize his or her Office of the | ||||||
17 | Executive Inspector General, including the
employment and | ||||||
18 | determination of the compensation of staff, such as deputies,
| ||||||
19 | assistants, and other employees, as appropriations permit. A | ||||||
20 | separate
appropriation
shall be made for each Office of | ||||||
21 | Executive Inspector General.
| ||||||
22 | (e) No Executive Inspector General or employee of the | ||||||
23 | Office of
the Executive Inspector General may, during his or | ||||||
24 | her term of appointment or
employment:
| ||||||
25 | (1) become a candidate for any elective office;
| ||||||
26 | (2) hold any other elected or appointed public office
|
| |||||||
| |||||||
1 | except for appointments on governmental advisory boards
or | ||||||
2 | study commissions or as otherwise expressly authorized by | ||||||
3 | law;
| ||||||
4 | (3) be actively involved in the affairs of any | ||||||
5 | political party or
political organization; or
| ||||||
6 | (4) advocate for the appointment of another person to | ||||||
7 | an appointed or elected office or position or actively | ||||||
8 | participate in any campaign for any
elective office.
| ||||||
9 | In this subsection an appointed public office means a | ||||||
10 | position authorized by
law that is filled by an appointing | ||||||
11 | authority as provided by law and does not
include employment | ||||||
12 | by hiring in the ordinary course of business.
| ||||||
13 | (e-1) No Executive Inspector General or employee of the | ||||||
14 | Office of the
Executive Inspector General may, for one year | ||||||
15 | after the termination of his or
her appointment or employment:
| ||||||
16 | (1) become a candidate for any elective office;
| ||||||
17 | (2) hold any elected public office; or
| ||||||
18 | (3) hold any appointed State, county, or local | ||||||
19 | judicial office.
| ||||||
20 | (e-2) The requirements of item (3) of subsection (e-1) may | ||||||
21 | be waived by the
Executive Ethics Commission.
| ||||||
22 | (f) An Executive Inspector General may be removed only for | ||||||
23 | cause and may
be removed only by the appointing constitutional | ||||||
24 | officer. At the time of the
removal,
the appointing | ||||||
25 | constitutional officer must report to the Executive Ethics
| ||||||
26 | Commission the
justification for the
removal.
|
| |||||||
| |||||||
1 | (Source: P.A. 101-221, eff. 8-9-19; 102-558, eff. 8-20-21; | ||||||
2 | 102-1115, eff. 1-9-23.)
| ||||||
3 | (5 ILCS 430/20-23)
| ||||||
4 | Sec. 20-23. Ethics Officers.
Each officer and the head of | ||||||
5 | each State agency
under the jurisdiction of the
Executive | ||||||
6 | Ethics Commission shall designate an Ethics
Officer for the | ||||||
7 | office or State agency. The board of each Regional Transit | ||||||
8 | Board shall designate an Ethics Officer for the Regional | ||||||
9 | Transit Board, and the board of each Regional Development | ||||||
10 | Authority shall designate an Ethics Officer for the Regional | ||||||
11 | Development Authority .
Ethics Officers shall:
| ||||||
12 | (1) act as liaisons between the State agency , or | ||||||
13 | Regional Transit Board , or Regional Development Authority | ||||||
14 | and the appropriate Executive
Inspector General and | ||||||
15 | between the State agency , or Regional Transit Board , or | ||||||
16 | Regional Development Authority and the Executive Ethics
| ||||||
17 | Commission;
| ||||||
18 | (2) review statements of economic interest and | ||||||
19 | disclosure forms of
officers, senior employees, and | ||||||
20 | contract monitors before they are filed with
the Secretary | ||||||
21 | of State; and
| ||||||
22 | (3) provide guidance to officers and employees in the | ||||||
23 | interpretation and
implementation of this Act, which the | ||||||
24 | officer or employee may in good faith
rely upon. Such | ||||||
25 | guidance shall be based, wherever possible,
upon legal |
| |||||||
| |||||||
1 | precedent in court decisions, opinions of the Attorney | ||||||
2 | General, and
the findings and opinions of the Executive | ||||||
3 | Ethics Commission.
| ||||||
4 | (Source: P.A. 96-1528, eff. 7-1-11 .)
| ||||||
5 | (5 ILCS 430/Art. 75 heading) | ||||||
6 | ARTICLE 75. REGIONAL TRANSIT BOARDS
| ||||||
7 | AND REGIONAL DEVELOPMENT AUTHORITIES | ||||||
8 | (Source: P.A. 96-1528, eff. 7-1-11.)
| ||||||
9 | (5 ILCS 430/75-5) | ||||||
10 | Sec. 75-5. Application of the State Officials and | ||||||
11 | Employees Ethics Act to the Regional Transit Boards and | ||||||
12 | Regional Development Authorities . | ||||||
13 | (a) The Beginning July 1, 2011, the provisions of Articles | ||||||
14 | 1, 5, 10, 20, and 50 of this Act, as well as this Article, | ||||||
15 | shall apply to the Regional Transit Boards and Regional | ||||||
16 | Development Authorities . As used in Articles 1, 5, 10, 20, 50, | ||||||
17 | and 75, (i) "appointee" and "officer" include a person | ||||||
18 | appointed to serve on the board of a Regional Transit Board or | ||||||
19 | a board of a Regional Development Authority , and (ii) | ||||||
20 | "employee" and "State employee" include : (A) a full-time, | ||||||
21 | part-time, or contractual employee of a Regional Transit Board | ||||||
22 | or a Regional Development Authority; and (B) Authority leaders | ||||||
23 | of a Regional Development Authority. As used in this | ||||||
24 | subsection, "Authority leader" has the meaning given to that |
| |||||||
| |||||||
1 | term in the various Acts and Laws creating the Regional | ||||||
2 | Development Authorities . | ||||||
3 | (b) The Executive Ethics Commission shall have | ||||||
4 | jurisdiction over all board members and employees of the | ||||||
5 | Regional Transit Boards and Regional Development Authorities . | ||||||
6 | The Executive Inspector General appointed by the Governor | ||||||
7 | shall have jurisdiction over all board members, employees, | ||||||
8 | vendors, and others doing business with the Regional Transit | ||||||
9 | Boards and Regional Development Authorities to investigate | ||||||
10 | allegations of fraud, waste, abuse, mismanagement, misconduct, | ||||||
11 | nonfeasance, misfeasance, malfeasance, or violations of this | ||||||
12 | Act.
| ||||||
13 | (Source: P.A. 96-1528, eff. 7-1-11 .)
| ||||||
14 | Section 15. The Central Illinois
Economic Development | ||||||
15 | Authority
Act is amended by changing Sections 10, 15, and 70 | ||||||
16 | and by adding Sections 21 and 22 as follows:
| ||||||
17 | (70 ILCS 504/10) | ||||||
18 | Sec. 10. Definitions. In this Act:
| ||||||
19 | "Authority" means the Central Illinois Economic | ||||||
20 | Development Authority.
| ||||||
21 | "Authority leader" means the Executive Director, Assistant | ||||||
22 | Executive Director, or any other person serving in a | ||||||
23 | management, administrative, or leadership role at the | ||||||
24 | Authority. |
| |||||||
| |||||||
1 | "Governmental agency" means any federal, State, or local | ||||||
2 | governmental body
and any agency or
instrumentality thereof, | ||||||
3 | corporate or otherwise.
| ||||||
4 | "Person" means any natural person, firm, partnership, | ||||||
5 | corporation, both
domestic and foreign,
company, association | ||||||
6 | or joint stock association and includes any trustee,
receiver, | ||||||
7 | assignee or personal
representative thereof.
| ||||||
8 | "Restricted person" means a person who has a familial or | ||||||
9 | business relationship with an Authority leader. | ||||||
10 | "Revenue bond" means any bond issued by the Authority, the | ||||||
11 | principal and
interest of which is payable
solely from | ||||||
12 | revenues or income derived from any project or activity of the
| ||||||
13 | Authority.
| ||||||
14 | "Board" means the Board of Directors of the Central | ||||||
15 | Illinois Economic
Development Authority.
| ||||||
16 | "Governor" means the Governor of the State of Illinois.
| ||||||
17 | "City" means any city, village, incorporated town, or | ||||||
18 | township within the
geographical territory of the
Authority.
| ||||||
19 | "Industrial project" means the following:
| ||||||
20 | (1) a capital project, including one or more buildings | ||||||
21 | and other
structures, improvements,
machinery and | ||||||
22 | equipment whether or not on the same site or sites now | ||||||
23 | existing
or hereafter acquired,
suitable for use by any | ||||||
24 | manufacturing, industrial, research, transportation or
| ||||||
25 | commercial enterprise
including but not limited to use as | ||||||
26 | a factory, mill, processing plant, assembly
plant, |
| |||||||
| |||||||
1 | packaging plant,
fabricating plant, ethanol plant, office | ||||||
2 | building, industrial distribution
center, warehouse,
| ||||||
3 | repair, overhaul or service
facility, freight terminal, | ||||||
4 | research facility, test facility, railroad
facility, port | ||||||
5 | facility, solid waste and wastewater
treatment and | ||||||
6 | disposal sites and other pollution control facilities, | ||||||
7 | resource
or waste reduction, recovery,
treatment and | ||||||
8 | disposal facilities, and including also the sites thereof | ||||||
9 | and
other rights in land therefore
whether improved or | ||||||
10 | unimproved, site preparation and landscaping and all
| ||||||
11 | appurtenances and facilities
incidental thereto such as | ||||||
12 | utilities, access roads, railroad sidings, truck
docking | ||||||
13 | and similar facilities,
parking facilities, dockage, | ||||||
14 | wharfage, railroad roadbed, track, trestle, depot,
| ||||||
15 | terminal, switching and
signaling equipment or related | ||||||
16 | equipment and other improvements necessary or
convenient | ||||||
17 | thereto; or
| ||||||
18 | (2) any land, buildings, machinery or equipment | ||||||
19 | comprising an addition to or
renovation,
rehabilitation or | ||||||
20 | improvement of any existing capital project.
| ||||||
21 | "Housing project" or "residential project" includes a | ||||||
22 | specific work or improvement undertaken to provide dwelling | ||||||
23 | accommodations, including the acquisition, construction or | ||||||
24 | rehabilitation of lands, buildings and community facilities | ||||||
25 | and in connection therewith to provide nonhousing facilities | ||||||
26 | which are an integral part of a planned large-scale project or |
| |||||||
| |||||||
1 | new community. | ||||||
2 | "Commercial project" means any project, including, but not | ||||||
3 | limited to, one or
more buildings and other
structures, | ||||||
4 | improvements, machinery, and equipment, whether or not on the | ||||||
5 | same
site or sites now existing
or hereafter acquired, | ||||||
6 | suitable for use by any retail or wholesale concern,
| ||||||
7 | distributorship, or agency.
| ||||||
8 | "Project" means an industrial, housing, residential, | ||||||
9 | commercial, or service
project, or any combination
thereof, | ||||||
10 | provided that all uses fall within one of the categories | ||||||
11 | described
above. Any project automatically
includes all site | ||||||
12 | improvements and new construction involving sidewalks,
sewers, | ||||||
13 | solid waste and
wastewater treatment and disposal sites and | ||||||
14 | other pollution control facilities,
resource or waste | ||||||
15 | reduction,
recovery, treatment and disposal facilities, parks, | ||||||
16 | open spaces, wildlife
sanctuaries, streets, highways, and
| ||||||
17 | runways.
| ||||||
18 | "Lease agreement" means an agreement in which a project | ||||||
19 | acquired by the
Authority by purchase, gift,
or lease is | ||||||
20 | leased to any person or corporation that will use, or cause the
| ||||||
21 | project to be used, as a project,
upon terms providing for | ||||||
22 | lease rental payments at least sufficient to pay, when due, | ||||||
23 | all principal of and
interest and premium, if any, on any | ||||||
24 | bonds, notes, or other evidences of indebtedness of the | ||||||
25 | Authority,
issued with respect to the project, providing for | ||||||
26 | the maintenance, insurance, and operation of the project on
|
| |||||||
| |||||||
1 | terms satisfactory to the Authority and providing for | ||||||
2 | disposition of the project upon termination of the lease
term, | ||||||
3 | including purchase options or abandonment of the premises, | ||||||
4 | with other terms as may be deemed
desirable by the Authority.
| ||||||
5 | "Loan agreement" means any agreement in which the | ||||||
6 | Authority agrees to loan
the proceeds of its bonds,
notes, or | ||||||
7 | other evidences of indebtedness, issued with respect to a | ||||||
8 | project, to
any person or corporation
which will use or cause | ||||||
9 | the project to be used as a project, upon terms
providing for | ||||||
10 | loan repayment
installments at least sufficient to pay, when | ||||||
11 | due, all principal of and
interest and premium, if any, on any
| ||||||
12 | bonds, notes, or other evidences of indebtedness of the | ||||||
13 | Authority issued with
respect to the project,
providing for | ||||||
14 | maintenance, insurance, and operation of the project on terms
| ||||||
15 | satisfactory to the Authority
and providing for other terms | ||||||
16 | deemed advisable by the Authority.
| ||||||
17 | "Financial aid" means the expenditure of Authority funds | ||||||
18 | or funds provided by
the Authority for the
development, | ||||||
19 | construction, acquisition or improvement of a project, through | ||||||
20 | the
issuance of revenue bonds,
notes, or other evidences of | ||||||
21 | indebtedness.
| ||||||
22 | "Costs incurred in connection with
the development, | ||||||
23 | construction, acquisition or improvement of a
project" means | ||||||
24 | the following:
| ||||||
25 | (1) the cost of purchase and construction of all lands | ||||||
26 | and improvements in
connection therewith and
equipment and |
| |||||||
| |||||||
1 | other property, rights, easements, and franchises acquired | ||||||
2 | which
are deemed necessary for
the construction;
| ||||||
3 | (2) financing charges;
| ||||||
4 | (3) interest costs with respect to bonds, notes, and | ||||||
5 | other evidences of
indebtedness of the Authority
prior to | ||||||
6 | and during construction and for a period of 6 months | ||||||
7 | thereafter;
| ||||||
8 | (4) engineering and legal expenses; and
| ||||||
9 | (5) the costs of plans, specifications, surveys, and | ||||||
10 | estimates of costs and
other expenses necessary or
| ||||||
11 | incident to determining the feasibility or practicability | ||||||
12 | of any project,
together with such other expenses as
may | ||||||
13 | be necessary or incident to the financing, insuring, | ||||||
14 | acquisition, and
construction of a specific project
and | ||||||
15 | the placing of the same in operation.
| ||||||
16 | (Source: P.A. 98-750, eff. 1-1-15 .)
| ||||||
17 | (70 ILCS 504/15)
| ||||||
18 | Sec. 15. Creation.
| ||||||
19 | (a) There is created a political subdivision, body | ||||||
20 | politic, and municipal
corporation named the Central
Illinois | ||||||
21 | Economic Development Authority. The territorial jurisdiction | ||||||
22 | of the
Authority is that geographic
area within the boundaries | ||||||
23 | of the following counties: Macon, Sangamon, Menard, Logan, | ||||||
24 | Christian, DeWitt, Macoupin, Montgomery, Calhoun, Greene, and | ||||||
25 | Jersey and any
navigable waters and
air space located therein.
|
| |||||||
| |||||||
1 | (b) The governing and administrative powers of the | ||||||
2 | Authority shall be vested
in a body consisting of 15
members as | ||||||
3 | follows:
| ||||||
4 | (1) Ex officio members. The Director of Commerce and
| ||||||
5 | Economic Opportunity, or
a designee of that Department, | ||||||
6 | shall serve as an ex officio member.
| ||||||
7 | (2) Public members. Three members shall be appointed | ||||||
8 | by the Governor with the advice and
consent of the Senate. | ||||||
9 | The county board chairperson of the following counties
| ||||||
10 | shall each appoint one
member: Macon, Sangamon, Menard, | ||||||
11 | Logan, Christian, DeWitt, Macoupin, Montgomery, Calhoun, | ||||||
12 | Greene, and Jersey. All public members shall reside within
| ||||||
13 | the territorial
jurisdiction of the Authority.
The public | ||||||
14 | members shall be persons of recognized ability and | ||||||
15 | experience in one
or more of the following
areas: economic | ||||||
16 | development, finance, banking, industrial development, | ||||||
17 | state or
local government, commercial agriculture, small
| ||||||
18 | business management, real
estate development, community | ||||||
19 | development, venture finance, organized labor, or
civic or | ||||||
20 | community
organization.
| ||||||
21 | (c) 8 members shall constitute a quorum , and the Board may | ||||||
22 | not meet or take any action without a quorum present .
| ||||||
23 | (d) The chairperson of the Authority shall be elected | ||||||
24 | annually by the Board and must be a public member that resides | ||||||
25 | within the territorial jurisdiction of the Authority.
| ||||||
26 | (e) The terms of all initial members of the Authority |
| |||||||
| |||||||
1 | shall begin 30 days
after the effective date of this
Act.
Of | ||||||
2 | the 3 original public members appointed by the Governor, 1
| ||||||
3 | shall serve until the third Monday in January, 2007; 1 shall | ||||||
4 | serve until the
third Monday in January, 2008; 1 shall serve | ||||||
5 | until the third Monday in January,
2009. The initial terms of | ||||||
6 | the original public members appointed by the county board | ||||||
7 | chairpersons shall be determined by lot, according to the | ||||||
8 | following schedule: (i) 3 shall serve until the third Monday | ||||||
9 | in January, 2007, (ii) 3 shall serve until the third Monday in | ||||||
10 | January, 2008, (iii) 3 shall serve until the third Monday in | ||||||
11 | January, 2009, and (iv) 2 shall serve until the third Monday in | ||||||
12 | January, 2010. All successors to these original
public
members | ||||||
13 | shall be appointed by the original appointing authority and | ||||||
14 | all appointments made by the Governor shall be made with the | ||||||
15 | advice and consent of the Senate, pursuant to subsection (b), | ||||||
16 | and shall hold office for a term of 6 years
commencing the | ||||||
17 | third Monday in January of the year in which their term
| ||||||
18 | commences, except in the case of an appointment to fill a | ||||||
19 | vacancy.
Vacancies occurring among the public members shall be | ||||||
20 | filled for the
remainder of the term. In case of
vacancy in a | ||||||
21 | Governor-appointed membership when the Senate is not in | ||||||
22 | session,
the Governor may make a
temporary appointment until | ||||||
23 | the next meeting of the Senate when a person shall
be nominated | ||||||
24 | to fill the
office and, upon confirmation by the Senate, he or | ||||||
25 | she shall hold office during
the remainder of the term
and | ||||||
26 | until a successor is appointed and qualified. Members of the |
| |||||||
| |||||||
1 | Authority are
not entitled to
compensation for their services | ||||||
2 | as members but are entitled to reimbursement
for all necessary | ||||||
3 | expenses
incurred in connection with the performance of their | ||||||
4 | duties as members.
| ||||||
5 | (f) The Governor may remove any public member of the | ||||||
6 | Authority appointed by the Governor or a predecessor Governor | ||||||
7 | in case of
incompetence, neglect of
duty, or malfeasance in | ||||||
8 | office. The chairperson of a county board may remove any | ||||||
9 | public member appointed by that chairperson or a predecessor | ||||||
10 | county board chairperson in case of incompetence, neglect of | ||||||
11 | duty, or malfeasance in office.
| ||||||
12 | (g) The Board shall appoint an Executive Director who | ||||||
13 | shall have a
background in finance, including
familiarity with | ||||||
14 | the legal and procedural requirements of issuing bonds, real
| ||||||
15 | estate, or economic
development and administration. The | ||||||
16 | Executive Director shall hold office at the
discretion of the | ||||||
17 | Board.
The Executive Director shall be the chief | ||||||
18 | administrative and operational
officer of the Authority, shall
| ||||||
19 | direct and supervise its administrative affairs and general | ||||||
20 | management, perform
such other duties as may
be prescribed | ||||||
21 | from time to time by the members, and receive compensation | ||||||
22 | fixed
by the Authority. The Department of Commerce and | ||||||
23 | Economic Opportunity shall pay
the compensation of the | ||||||
24 | Executive Director from appropriations received for
that | ||||||
25 | purpose. The
Executive Director shall attend all meetings of | ||||||
26 | the Authority. However, no
action of the Authority shall be
|
| |||||||
| |||||||
1 | invalid on account of the absence of the Executive Director | ||||||
2 | from a meeting. The
Authority may engage
the services of
the | ||||||
3 | Illinois Finance Authority, attorneys, appraisers, engineers, | ||||||
4 | accountants,
credit analysts, and other consultants if the | ||||||
5 | Central Illinois Economic
Development Authority deems it | ||||||
6 | advisable.
| ||||||
7 | (Source: P.A. 94-995, eff. 7-3-06.)
| ||||||
8 | (70 ILCS 504/21 new) | ||||||
9 | Sec. 21. Requests for assistance; disclosure of economic | ||||||
10 | interests. | ||||||
11 | (a) The Authority may not hear a request for assistance | ||||||
12 | from a restricted person. This prohibition extends to business | ||||||
13 | relationships between a person who is an Authority leader | ||||||
14 | within one year prior to the request for assistance and to any | ||||||
15 | entity in which a restricted person holds or, within the past 2 | ||||||
16 | years, held an ownership interest of 10% or more. | ||||||
17 | (b) An Authority leader shall disclose and recuse himself | ||||||
18 | or herself from matters relating to requests for assistance | ||||||
19 | from an entity that is relocating full-time employees from | ||||||
20 | another Authority's counties if (i) both Authorities contract | ||||||
21 | with or employ the same Authority leader or (ii) there is or, | ||||||
22 | within the past 2 years of the request, there was a business | ||||||
23 | relationship between the Authority leaders at the 2 | ||||||
24 | Authorities. | ||||||
25 | (c) The Board of the Authority shall vote to renew the |
| |||||||
| |||||||
1 | appointment of the Executive Director and other Authority | ||||||
2 | leaders on an annual basis. All contracts shall be approved on | ||||||
3 | an annual basis and use a public process to solicit | ||||||
4 | applications. This requirement does not apply to full-time | ||||||
5 | employees of the Authority unless otherwise required by | ||||||
6 | applicable State law or local ordinance. | ||||||
7 | (g) Each Authority leader shall submit a statement of | ||||||
8 | economic interest in accordance with Article 4A of the | ||||||
9 | Illinois Governmental Ethics Act. Additionally, each Authority | ||||||
10 | leader shall disclose to the Board outside sources of income | ||||||
11 | and any business relationships in economic development | ||||||
12 | consulting or lobbying. Reporting shall include the source of | ||||||
13 | income, services provided, and timeline of when services were | ||||||
14 | provided. If the source of income is a firm or organization | ||||||
15 | with multiple clients, the report shall list all of the | ||||||
16 | entities for which the individual provided services.
| ||||||
17 | (70 ILCS 504/22 new) | ||||||
18 | Sec. 22. Open meetings; record disclosure. | ||||||
19 | (a) The Authority is subject to the Open Meetings Act and | ||||||
20 | the Freedom of Information Act. Documents subject to the | ||||||
21 | Freedom of Information Act include, but are not limited to, | ||||||
22 | expenses,
payroll, origination bonuses, and other financial | ||||||
23 | details of the Authority. | ||||||
24 | (b) A contract or agreement entered into by the Authority | ||||||
25 | must be posted on the Authority's website. The Authority shall |
| |||||||
| |||||||
1 | provide a detailed report of the Authority's financial | ||||||
2 | information on the Authority's website, including, but not | ||||||
3 | limited to, a statement of profits and losses, balance sheet, | ||||||
4 | and income statement of the Authority.
| ||||||
5 | (70 ILCS 504/70)
| ||||||
6 | Sec. 70. Reports ; commitment notice . The Authority shall | ||||||
7 | annually submit a report of its
finances to the Auditor | ||||||
8 | General.
The Authority shall annually submit a report of its | ||||||
9 | activities to the Governor
and to the General Assembly.
| ||||||
10 | The Authority shall provide notice to the General | ||||||
11 | Assembly, the Department of Commerce and Economic Opportunity, | ||||||
12 | and the Governor once the Authority enters into a commitment | ||||||
13 | to support the financing of a project. The notice to the | ||||||
14 | General Assembly shall be filed with the Clerk of the House of | ||||||
15 | Representatives and the Secretary of the Senate, in electronic | ||||||
16 | form only, in the manner that the Clerk and the Secretary shall | ||||||
17 | direct. | ||||||
18 | (Source: P.A. 94-995, eff. 7-3-06.)
| ||||||
19 | Section 20. The Eastern Illinois
Economic Development | ||||||
20 | Authority
Act is amended by changing Sections 10, 15, and 70 | ||||||
21 | and by adding Sections 21 and 22 as follows:
| ||||||
22 | (70 ILCS 506/10) | ||||||
23 | Sec. 10. Definitions. In this Act:
|
| |||||||
| |||||||
1 | "Authority" means the Eastern Illinois Economic | ||||||
2 | Development Authority.
| ||||||
3 | "Authority leader" means the Executive Director, Assistant | ||||||
4 | Executive Director, or any other person serving in a | ||||||
5 | management, administrative, or leadership role at the | ||||||
6 | Authority. | ||||||
7 | "Governmental agency" means any federal, State, or local | ||||||
8 | governmental body
and any agency or
instrumentality thereof, | ||||||
9 | corporate or otherwise.
| ||||||
10 | "Person" means any natural person, firm, partnership, | ||||||
11 | corporation, both
domestic and foreign,
company, association | ||||||
12 | or joint stock association and includes any trustee,
receiver, | ||||||
13 | assignee or personal
representative thereof.
| ||||||
14 | "Restricted person" means a person who has a familial or | ||||||
15 | business relationship with an Authority leader. | ||||||
16 | "Revenue bond" means any bond issued by the Authority, the | ||||||
17 | principal and
interest of which is payable
solely from | ||||||
18 | revenues or income derived from any project or activity of the
| ||||||
19 | Authority.
| ||||||
20 | "Board" means the Board of Directors of the Eastern | ||||||
21 | Illinois Economic
Development Authority.
| ||||||
22 | "Governor" means the Governor of the State of Illinois.
| ||||||
23 | "City" means any city, village, incorporated town, or | ||||||
24 | township within the
geographical territory of the
Authority.
| ||||||
25 | "Industrial project" means the following:
| ||||||
26 | (1) a capital project, including one or more buildings |
| |||||||
| |||||||
1 | and other
structures, improvements,
machinery and | ||||||
2 | equipment whether or not on the same site or sites now | ||||||
3 | existing
or hereafter acquired,
suitable for use by any | ||||||
4 | manufacturing, industrial, research, transportation or
| ||||||
5 | commercial enterprise
including but not limited to use as | ||||||
6 | a factory, mill, processing plant, assembly
plant, | ||||||
7 | packaging plant,
fabricating plant, ethanol plant, office | ||||||
8 | building, industrial distribution
center, warehouse,
| ||||||
9 | repair, overhaul or service
facility, freight terminal, | ||||||
10 | research facility, test facility, railroad
facility, port | ||||||
11 | facility, solid waste and wastewater
treatment and | ||||||
12 | disposal sites and other pollution control facilities, | ||||||
13 | resource
or waste reduction, recovery,
treatment and | ||||||
14 | disposal facilities, and including also the sites thereof | ||||||
15 | and
other rights in land therefore
whether improved or | ||||||
16 | unimproved, site preparation and landscaping and all
| ||||||
17 | appurtenances and facilities
incidental thereto such as | ||||||
18 | utilities, access roads, railroad sidings, truck
docking | ||||||
19 | and similar facilities,
parking facilities, dockage, | ||||||
20 | wharfage, railroad roadbed, track, trestle, depot,
| ||||||
21 | terminal, switching and
signaling equipment or related | ||||||
22 | equipment and other improvements necessary or
convenient | ||||||
23 | thereto; or
| ||||||
24 | (2) any land, buildings, machinery or equipment | ||||||
25 | comprising an addition to or
renovation,
rehabilitation or | ||||||
26 | improvement of any existing capital project.
|
| |||||||
| |||||||
1 | "Housing project" or "residential project" includes a | ||||||
2 | specific work or improvement undertaken to provide dwelling | ||||||
3 | accommodations, including the acquisition, construction, or | ||||||
4 | rehabilitation of lands, buildings, and community facilities, | ||||||
5 | and to provide non-housing facilities which are an integral | ||||||
6 | part of a planned large-scale project or new community. | ||||||
7 | "Commercial project" means any project, including, but not | ||||||
8 | limited to, one or
more buildings and other
structures, | ||||||
9 | improvements, machinery, and equipment, whether or not on the | ||||||
10 | same
site or sites now existing
or hereafter acquired, | ||||||
11 | suitable for use by any retail or wholesale concern,
| ||||||
12 | distributorship, or agency.
| ||||||
13 | "Project" means an industrial, housing, residential, | ||||||
14 | commercial, or service
project, or any combination
thereof, | ||||||
15 | provided that all uses fall within one of the categories | ||||||
16 | described
above. Any project automatically
includes all site | ||||||
17 | improvements and new construction involving sidewalks,
sewers, | ||||||
18 | solid waste and
wastewater treatment and disposal sites and | ||||||
19 | other pollution control facilities,
resource or waste | ||||||
20 | reduction,
recovery, treatment and disposal facilities, parks, | ||||||
21 | open spaces, wildlife
sanctuaries, streets, highways, and
| ||||||
22 | runways.
| ||||||
23 | "Lease agreement" means an agreement in which a project | ||||||
24 | acquired by the
Authority by purchase, gift,
or lease is | ||||||
25 | leased to any person or corporation that will use, or cause the
| ||||||
26 | project to be used, as a project,
upon terms providing for |
| |||||||
| |||||||
1 | lease rental payments at least sufficient to pay, when due, | ||||||
2 | all principal of and
interest and premium, if any, on any | ||||||
3 | bonds, notes, or other evidences of indebtedness of the | ||||||
4 | Authority,
issued with respect to the project, providing for | ||||||
5 | the maintenance, insurance, and operation of the project on
| ||||||
6 | terms satisfactory to the Authority and providing for | ||||||
7 | disposition of the project upon termination of the lease
term, | ||||||
8 | including purchase options or abandonment of the premises, | ||||||
9 | with other terms as may be deemed
desirable by the Authority.
| ||||||
10 | "Loan agreement" means any agreement in which the | ||||||
11 | Authority agrees to loan
the proceeds of its bonds,
notes, or | ||||||
12 | other evidences of indebtedness, issued with respect to a | ||||||
13 | project, to
any person or corporation
which will use or cause | ||||||
14 | the project to be used as a project, upon terms
providing for | ||||||
15 | loan repayment
installments at least sufficient to pay, when | ||||||
16 | due, all principal of and
interest and premium, if any, on any
| ||||||
17 | bonds, notes, or other evidences of indebtedness of the | ||||||
18 | Authority issued with
respect to the project,
providing for | ||||||
19 | maintenance, insurance, and operation of the project on terms
| ||||||
20 | satisfactory to the Authority
and providing for other terms | ||||||
21 | deemed advisable by the Authority.
| ||||||
22 | "Financial aid" means the expenditure of Authority funds | ||||||
23 | or funds provided by
the Authority for the
development, | ||||||
24 | construction, acquisition or improvement of a project, through | ||||||
25 | the
issuance of revenue bonds,
notes, or other evidences of | ||||||
26 | indebtedness.
|
| |||||||
| |||||||
1 | "Costs incurred in connection with
the development, | ||||||
2 | construction, acquisition or improvement of a
project" means | ||||||
3 | the following:
| ||||||
4 | (1) the cost of purchase and construction of all lands | ||||||
5 | and improvements in
connection therewith and
equipment and | ||||||
6 | other property, rights, easements, and franchises acquired | ||||||
7 | which
are deemed necessary for
the construction;
| ||||||
8 | (2) financing charges;
| ||||||
9 | (3) interest costs with respect to bonds, notes, and | ||||||
10 | other evidences of
indebtedness of the Authority
prior to | ||||||
11 | and during construction and for a period of 6 months | ||||||
12 | thereafter;
| ||||||
13 | (4) engineering and legal expenses; and
| ||||||
14 | (5) the costs of plans, specifications, surveys, and | ||||||
15 | estimates of costs and
other expenses necessary or
| ||||||
16 | incident to determining the feasibility or practicability | ||||||
17 | of any project,
together with such other expenses as
may | ||||||
18 | be necessary or incident to the financing, insuring, | ||||||
19 | acquisition, and
construction of a specific project
and | ||||||
20 | the placing of the same in operation.
| ||||||
21 | (Source: P.A. 98-750, eff. 1-1-15 .)
| ||||||
22 | (70 ILCS 506/15)
| ||||||
23 | Sec. 15. Creation. | ||||||
24 | (a) There is created a political subdivision, body | ||||||
25 | politic, and municipal
corporation named the Eastern
Illinois |
| |||||||
| |||||||
1 | Economic Development Authority. The territorial jurisdiction | ||||||
2 | of the
Authority is that geographic
area within the boundaries | ||||||
3 | of the following counties: Ford, Iroquois, Piatt, Champaign, | ||||||
4 | Vermilion, Douglas, Moultrie, Shelby, Coles, and Edgar and any
| ||||||
5 | navigable waters and
air space located therein.
| ||||||
6 | (b) The governing and administrative powers of the | ||||||
7 | Authority shall be vested
in a body consisting of 14
members as | ||||||
8 | follows:
| ||||||
9 | (1) Ex officio members. The Director of Commerce and
| ||||||
10 | Economic Opportunity, or
a designee of that Department, | ||||||
11 | shall serve as an ex officio member.
| ||||||
12 | (2) Public members. Three members shall be appointed | ||||||
13 | by the Governor with the advice and
consent of the Senate. | ||||||
14 | The county board chairperson of the following counties
| ||||||
15 | shall each appoint one
member: Ford, Iroquois, Piatt, | ||||||
16 | Champaign, Vermilion, Douglas, Moultrie, Shelby, Coles, | ||||||
17 | and Edgar. All public members shall reside within
the | ||||||
18 | territorial
jurisdiction of the Authority.
The public | ||||||
19 | members shall be persons of recognized ability and | ||||||
20 | experience in one
or more of the following
areas: economic | ||||||
21 | development, finance, banking, industrial development, | ||||||
22 | state or
local government, commercial agriculture, small
| ||||||
23 | business management, real
estate development, community | ||||||
24 | development, venture finance, organized labor, or
civic or | ||||||
25 | community
organization.
| ||||||
26 | (c) A majority of the members appointed under item (2) of |
| |||||||
| |||||||
1 | subsection (b) of this Section shall constitute a quorum , and | ||||||
2 | the Board may not meet or take any action without a quorum | ||||||
3 | present .
| ||||||
4 | (d) The chairperson of the Authority shall be elected | ||||||
5 | annually by the Board and must be a public member that resides | ||||||
6 | within the territorial jurisdiction of the Authority.
| ||||||
7 | (e) The terms of all initial members of the Authority | ||||||
8 | shall begin 30 days
after the effective date of this
Act.
Of | ||||||
9 | the 3 original public members appointed by the Governor, 1
| ||||||
10 | shall serve until the third Monday in January, 2006; 1 shall | ||||||
11 | serve until the
third Monday in January, 2007; 1 shall serve | ||||||
12 | until the third Monday in January,
2008. The initial terms of | ||||||
13 | the original public members appointed by the county board | ||||||
14 | chairpersons shall be determined by lot, according to the | ||||||
15 | following schedule: (i) 2 shall serve until the third Monday | ||||||
16 | in January, 2006, (ii) 2 shall serve until the third Monday in | ||||||
17 | January, 2007, (iii) 2 shall serve until the third Monday in | ||||||
18 | January, 2008, (iv) 2 shall serve until the third Monday in | ||||||
19 | January, 2009, and (v) 2 shall serve until the third Monday in | ||||||
20 | January, 2010. All successors to these original
public
members | ||||||
21 | shall be appointed by the original appointing authority and | ||||||
22 | all appointments made by the Governor shall be made with the | ||||||
23 | advice and consent of the Senate, pursuant to subsection (b), | ||||||
24 | and shall hold office for a term of 6 years
commencing the | ||||||
25 | third Monday in January of the year in which their term
| ||||||
26 | commences, except in the case of an appointment to fill a |
| |||||||
| |||||||
1 | vacancy.
Vacancies occurring among the public members shall be | ||||||
2 | filled for the
remainder of the term. In case of
vacancy in a | ||||||
3 | Governor-appointed membership when the Senate is not in | ||||||
4 | session,
the Governor may make a
temporary appointment until | ||||||
5 | the next meeting of the Senate when a person shall
be nominated | ||||||
6 | to fill the
office and, upon confirmation by the Senate, he or | ||||||
7 | she shall hold office during
the remainder of the term
and | ||||||
8 | until a successor is appointed and qualified. Members of the | ||||||
9 | Authority are
not entitled to
compensation for their services | ||||||
10 | as members but are entitled to reimbursement
for all necessary | ||||||
11 | expenses
incurred in connection with the performance of their | ||||||
12 | duties as members.
| ||||||
13 | (f) The Governor or a county board chairperson, as the | ||||||
14 | case may be, may remove any public member of the Authority in | ||||||
15 | case of
incompetence, neglect of
duty, or malfeasance in | ||||||
16 | office. The chairperson of a county board may remove any
| ||||||
17 | public member appointed
by that chairperson in the case of | ||||||
18 | incompetence, neglect of duty, or malfeasance
in office.
| ||||||
19 | (g) The Board shall appoint an Executive Director who | ||||||
20 | shall have a
background in finance, including
familiarity with | ||||||
21 | the legal and procedural requirements of issuing bonds, real
| ||||||
22 | estate, or economic
development and administration. The | ||||||
23 | Executive Director shall hold office at the
discretion of the | ||||||
24 | Board.
The Executive Director shall be the chief | ||||||
25 | administrative and operational
officer of the Authority, shall
| ||||||
26 | direct and supervise its administrative affairs and general |
| |||||||
| |||||||
1 | management, perform
such other duties as may
be prescribed | ||||||
2 | from time to time by the members, and receive compensation | ||||||
3 | fixed
by the Authority. The Department of Commerce and | ||||||
4 | Economic Opportunity shall pay
the compensation of the | ||||||
5 | Executive Director from appropriations received for
that | ||||||
6 | purpose. The
Executive Director shall attend all meetings of | ||||||
7 | the Authority. However, no
action of the Authority shall be
| ||||||
8 | invalid on account of the absence of the Executive Director | ||||||
9 | from a meeting. The
Authority may engage
the services of
the | ||||||
10 | Illinois Finance Authority, attorneys, appraisers, engineers, | ||||||
11 | accountants,
credit analysts, and other consultants if the | ||||||
12 | Eastern Illinois Economic
Development Authority deems it | ||||||
13 | advisable.
| ||||||
14 | (Source: P.A. 94-203, eff. 7-13-05; 95-854, eff. 8-18-08.)
| ||||||
15 | (70 ILCS 506/21 new) | ||||||
16 | Sec. 21. Requests for assistance; disclosure of economic | ||||||
17 | interests. | ||||||
18 | (a) The Authority may not hear a request for assistance | ||||||
19 | from a restricted person. This prohibition extends to business | ||||||
20 | relationships between a person who is an Authority leader | ||||||
21 | within one year prior to the request for assistance and to any | ||||||
22 | entity in which a restricted person holds or, within the past 2 | ||||||
23 | years, held an ownership interest of 10% or more. | ||||||
24 | (b) An Authority leader shall disclose and recuse himself | ||||||
25 | or herself from matters relating to requests for assistance |
| |||||||
| |||||||
1 | from an entity that is relocating full-time employees from | ||||||
2 | another Authority's counties if (i) both Authorities contract | ||||||
3 | with or employ the same Authority leader or (ii) there is or, | ||||||
4 | within the past 2 years of the request, there was a business | ||||||
5 | relationship between the Authority leaders at the 2 | ||||||
6 | Authorities. | ||||||
7 | (c) The Board of the Authority shall vote to renew the | ||||||
8 | appointment of the Executive Director and other Authority | ||||||
9 | leaders on an annual basis. All contracts shall be approved on | ||||||
10 | an annual basis and use a public process to solicit | ||||||
11 | applications. This requirement does not apply to full-time | ||||||
12 | employees of the Authority unless otherwise required by | ||||||
13 | applicable State law or local ordinance. | ||||||
14 | (d) Each Authority leader shall submit a statement of | ||||||
15 | economic interest in accordance with Article 4A of the | ||||||
16 | Illinois Governmental Ethics Act. Additionally, each Authority | ||||||
17 | leader shall disclose to the Board outside sources of income | ||||||
18 | and any business relationships in economic development | ||||||
19 | consulting or lobbying. Reporting shall include the source of | ||||||
20 | income, services provided, and timeline of when services were | ||||||
21 | provided. If the source of income is a firm or organization | ||||||
22 | with multiple clients, the report shall list all of the | ||||||
23 | entities for which the individual provided services.
| ||||||
24 | (70 ILCS 506/22 new) | ||||||
25 | Sec. 22. Open meetings; record disclosure. |
| |||||||
| |||||||
1 | (a) The Authority is subject to the Open Meetings Act and | ||||||
2 | the Freedom of Information Act. Documents subject to the | ||||||
3 | Freedom of Information Act include, but are not limited to, | ||||||
4 | expenses,
payroll, origination bonuses, and other financial | ||||||
5 | details of the Authority. | ||||||
6 | (b) A contract or agreement entered into by the Authority | ||||||
7 | must be posted on the Authority's website. The Authority shall | ||||||
8 | provide a detailed report of the Authority's financial | ||||||
9 | information on the Authority's website, including, but not | ||||||
10 | limited to, a statement of profits and losses, balance sheet, | ||||||
11 | and income statement of the Authority.
| ||||||
12 | (70 ILCS 506/70)
| ||||||
13 | Sec. 70. Reports ; commitment notice . The Authority shall | ||||||
14 | annually submit a report of its
finances to the Auditor | ||||||
15 | General.
The Authority shall annually submit a report of its | ||||||
16 | activities to the Governor
and to the General Assembly.
| ||||||
17 | The Authority shall provide notice to the General | ||||||
18 | Assembly, the Department of Commerce and Economic Opportunity, | ||||||
19 | and the Governor once the Authority enters into a commitment | ||||||
20 | to support the financing of a project. The notice to the | ||||||
21 | General Assembly shall be filed with the Clerk of the House of | ||||||
22 | Representatives and the Secretary of the Senate, in electronic | ||||||
23 | form only, in the manner that the Clerk and the Secretary shall | ||||||
24 | direct. | ||||||
25 | (Source: P.A. 94-203, eff. 7-13-05.)
|
| |||||||
| |||||||
1 | Section 25. The Joliet Arsenal Development Authority Act | ||||||
2 | is amended by changing Section 50 and by adding Sections | ||||||
3 | 10.75, 10.80, 20, 21, and 22 as follows:
| ||||||
4 | (70 ILCS 508/10.75 new) | ||||||
5 | Sec. 10.75. Authority leader. "Authority leader" means the | ||||||
6 | Executive Director, Assistant Executive Director, or any other | ||||||
7 | person serving in a management, administrative, or leadership | ||||||
8 | role at the Authority.
| ||||||
9 | (70 ILCS 508/10.80 new) | ||||||
10 | Sec. 10.80. Restricted person. "Restricted person" means a | ||||||
11 | person who has a familial or business relationship with an | ||||||
12 | Authority leader.
| ||||||
13 | (70 ILCS 508/20)
| ||||||
14 | Sec. 20. Actions of the Authority. All official acts of | ||||||
15 | the Authority
shall require the affirmative vote of at least 6 | ||||||
16 | members of the Board at a
meeting of the Board at which the | ||||||
17 | members casting those affirmative votes are
present. It is the | ||||||
18 | duty of the Authority to promote development within its
| ||||||
19 | territorial jurisdiction. The Authority shall use the powers | ||||||
20 | conferred on it
by this Act to assist in the development, | ||||||
21 | construction, and acquisition of
industrial or commercial | ||||||
22 | projects within its territorial jurisdiction.
|
| |||||||
| |||||||
1 | 6 members shall constitute a
quorum, and the Board may not | ||||||
2 | meet or take any action without a quorum present. | ||||||
3 | (Source: P.A. 89-333, eff. 8-17-95.)
| ||||||
4 | (70 ILCS 508/21 new) | ||||||
5 | Sec. 21. Requests for assistance; disclosure of economic | ||||||
6 | interests. | ||||||
7 | (a) The Authority may not hear a request for assistance | ||||||
8 | from a restricted person. This prohibition extends to business | ||||||
9 | relationships between a person who is an Authority leader | ||||||
10 | within one year prior to the request for assistance and to any | ||||||
11 | entity in which a restricted person holds or, within the past 2 | ||||||
12 | years, held an ownership interest of 10% or more. | ||||||
13 | (b) An Authority leader shall disclose and recuse himself | ||||||
14 | or herself from matters relating to requests for assistance | ||||||
15 | from an entity that is relocating full-time employees from | ||||||
16 | another Authority's counties if (i) both Authorities contract | ||||||
17 | with or employ the same Authority leader or (ii) there is or, | ||||||
18 | within the past 2 years of the request, there was a business | ||||||
19 | relationship between the Authority leaders at the 2 | ||||||
20 | Authorities. | ||||||
21 | (c) The Board of the Authority shall vote to renew the | ||||||
22 | appointment of the Executive Director and other Authority | ||||||
23 | leaders on an annual basis. All contracts shall be approved on | ||||||
24 | an annual basis and use a public process to solicit | ||||||
25 | applications. This requirement does not apply to full-time |
| |||||||
| |||||||
1 | employees of the Authority unless otherwise required by | ||||||
2 | applicable State law or local ordinance. | ||||||
3 | (d) Each Authority leader shall submit a statement of | ||||||
4 | economic interest in accordance with Article 4A of the | ||||||
5 | Illinois Governmental Ethics Act. Additionally, each Authority | ||||||
6 | leader shall disclose to the Board outside sources of income | ||||||
7 | and any business relationships in economic development | ||||||
8 | consulting or lobbying. Reporting shall include the source of | ||||||
9 | income, services provided, and timeline of when services were | ||||||
10 | provided. If the source of income is a firm or organization | ||||||
11 | with multiple clients, the report shall list all of the | ||||||
12 | entities for which the individual provided services.
| ||||||
13 | (70 ILCS 508/22 new) | ||||||
14 | Sec. 22. Open meetings; record disclosure. | ||||||
15 | (a) The Authority is subject to the Open Meetings Act and | ||||||
16 | the Freedom of Information Act. Documents subject to the | ||||||
17 | Freedom of Information Act include, but are not limited to, | ||||||
18 | expenses,
payroll, origination bonuses, and other financial | ||||||
19 | details of the Authority. | ||||||
20 | (b) A contract or agreement entered into by the Authority | ||||||
21 | must be posted on the Authority's website. The Authority shall | ||||||
22 | provide a detailed report of the Authority's financial | ||||||
23 | information on the Authority's website, including, but not | ||||||
24 | limited to, a statement of profits and losses, balance sheet, | ||||||
25 | and income statement of the Authority.
|
| |||||||
| |||||||
1 | (70 ILCS 508/50)
| ||||||
2 | Sec. 50. Reports ; commitment notice . The Authority shall | ||||||
3 | annually submit a report of its
finances to the Auditor | ||||||
4 | General. The Authority shall annually submit a report
of its | ||||||
5 | activities to the Governor and General Assembly.
| ||||||
6 | The Authority shall provide notice to the General | ||||||
7 | Assembly, the Department of Commerce and Economic Opportunity, | ||||||
8 | and the Governor once the Authority enters into a commitment | ||||||
9 | to support the financing of a project. The notice to the | ||||||
10 | General Assembly shall be filed with the Clerk of the House of | ||||||
11 | Representatives and the Secretary of the Senate, in electronic | ||||||
12 | form only, in the manner that the Clerk and the Secretary shall | ||||||
13 | direct. | ||||||
14 | (Source: P.A. 89-333, eff. 8-17-95.)
| ||||||
15 | Section 30. The Quad Cities Regional Economic Development
| ||||||
16 | Authority Act, approved September 22, 1987 is amended by | ||||||
17 | changing Sections 3, 4, 5, 6, and 14 as follows:
| ||||||
18 | (70 ILCS 510/3) (from Ch. 85, par. 6203)
| ||||||
19 | Sec. 3.
The following terms, whenever used or referred to | ||||||
20 | in this
Act, shall have the following meanings, except in such | ||||||
21 | instances where the
context may clearly indicate otherwise:
| ||||||
22 | (a) "Authority" means the Quad Cities Regional Economic | ||||||
23 | Development Authority
created by this Act.
|
| |||||||
| |||||||
1 | (a-5) "Authority leader" means the Executive Director, | ||||||
2 | Assistant Executive Director, or any other person serving in a | ||||||
3 | management, administrative, or leadership role at the | ||||||
4 | Authority. | ||||||
5 | (b) "Governmental agency" means any federal, State or | ||||||
6 | local governmental
body, and any agency or instrumentality | ||||||
7 | thereof, corporate or otherwise.
| ||||||
8 | (c) "Person" means any natural person, firm, partnership, | ||||||
9 | corporation,
both domestic and foreign, company, association | ||||||
10 | or joint stock association
and includes any trustee, receiver, | ||||||
11 | assignee or personal representative thereof.
| ||||||
12 | (c-5) "Restricted person" means a person who has a | ||||||
13 | familial or business relationship with an Authority leader. | ||||||
14 | (d) "Revenue bond" means any bond issued by the Authority | ||||||
15 | the principal
and interest of which is payable solely from | ||||||
16 | revenues or income
derived from any project or activity of the | ||||||
17 | Authority.
| ||||||
18 | (e) "Board" means the Quad Cities Regional Economic | ||||||
19 | Development
Authority Board of Directors.
| ||||||
20 | (f) "Governor" means the Governor of the State of | ||||||
21 | Illinois.
| ||||||
22 | (g) "City" means any city, village, incorporated town or | ||||||
23 | township
within the geographical territory of the Authority.
| ||||||
24 | (h) "Industrial project" means (1) a capital project, | ||||||
25 | including one or
more buildings and other structures, | ||||||
26 | improvements, machinery and equipment
whether or not on the |
| |||||||
| |||||||
1 | same site or sites now existing or hereafter
acquired, | ||||||
2 | suitable for use by any manufacturing, industrial, research,
| ||||||
3 | transportation or commercial enterprise including but not | ||||||
4 | limited to use
as a factory, mill, processing plant, assembly | ||||||
5 | plant, packaging plant,
fabricating plant, office building, | ||||||
6 | industrial distribution center,
warehouse, repair, overhaul or | ||||||
7 | service facility, freight terminal, research
facility, test | ||||||
8 | facility, railroad facility, solid waste and wastewater
| ||||||
9 | treatment and disposal sites and other pollution control | ||||||
10 | facilities,
resource or waste reduction, recovery, treatment | ||||||
11 | and disposal facilities,
and including also the sites thereof | ||||||
12 | and other rights in land therefor
whether improved or | ||||||
13 | unimproved, site preparation and landscaping and all
| ||||||
14 | appurtenances and facilities incidental thereto such as | ||||||
15 | utilities, access
roads, railroad sidings, truck docking and | ||||||
16 | similar facilities, parking
facilities, dockage, wharfage, | ||||||
17 | railroad roadbed, track, trestle, depot,
terminal, switching | ||||||
18 | and signaling equipment or related equipment and other
| ||||||
19 | improvements necessary or convenient thereto; or (2) any land, | ||||||
20 | buildings,
machinery or equipment comprising an addition to or | ||||||
21 | renovation,
rehabilitation or improvement of any existing | ||||||
22 | capital project.
| ||||||
23 | (i) "Housing project" or "residential project" includes a | ||||||
24 | specific work
or improvement undertaken to provide dwelling | ||||||
25 | accommodations, including the
acquisition, construction or | ||||||
26 | rehabilitation of lands, buildings and
community facilities |
| |||||||
| |||||||
1 | and in connection therewith to provide nonhousing
facilities | ||||||
2 | which are an integral part of a planned large-scale project or | ||||||
3 | new community.
| ||||||
4 | (j) "Commercial project" means any project, including but | ||||||
5 | not limited to
one or more buildings and other structures, | ||||||
6 | improvements, machinery and
equipment whether or not on the | ||||||
7 | same site or sites now existing or
hereafter acquired, | ||||||
8 | suitable for use by any retail or wholesale concern,
| ||||||
9 | distributorship or agency, any cultural facilities of a | ||||||
10 | for-profit or
not-for-profit type including but not limited to | ||||||
11 | educational, theatrical, recreational and
entertainment, | ||||||
12 | sports facilities, racetracks, stadiums, convention centers,
| ||||||
13 | exhibition halls, arenas, opera houses and theaters, | ||||||
14 | waterfront
improvements, swimming pools, boat storage, | ||||||
15 | moorage, docking facilities,
restaurants, velodromes, | ||||||
16 | coliseums, sports training facilities,
parking facilities, | ||||||
17 | terminals, hotels and motels, gymnasiums, medical
facilities | ||||||
18 | and port facilities.
| ||||||
19 | (k) "Project" means an industrial, housing, residential, | ||||||
20 | commercial or
service project or any combination thereof | ||||||
21 | provided that all uses shall
fall within one of the categories | ||||||
22 | described above. Any project, of any
nature whatsoever, shall | ||||||
23 | automatically include all site improvements and
new | ||||||
24 | construction involving sidewalks, sewers, solid waste and | ||||||
25 | wastewater
treatment and disposal sites and other pollution | ||||||
26 | control facilities,
resource or waste reduction, recovery, |
| |||||||
| |||||||
1 | treatment and disposal facilities,
parks, open spaces, | ||||||
2 | wildlife sanctuaries, streets, highways and runways.
| ||||||
3 | (l) "Lease agreement" shall mean an agreement whereby a | ||||||
4 | project acquired
by the Authority by purchase, gift or lease | ||||||
5 | is leased to any person or
corporation which will use or cause | ||||||
6 | the project to be used as a project as
heretofore defined upon | ||||||
7 | terms providing for lease rental payments at least
sufficient | ||||||
8 | to pay when due all principal of and interest and premium, if | ||||||
9 | any,
on any bonds, notes or other evidences of indebtedness of | ||||||
10 | the Authority
issued with respect to such project, providing | ||||||
11 | for the maintenance,
insurance and operation of the project on | ||||||
12 | terms satisfactory to the
Authority and providing for | ||||||
13 | disposition of the project upon termination of
the lease term, | ||||||
14 | including purchase options or abandonment of the premises,
| ||||||
15 | with such other terms as may be deemed desirable by the | ||||||
16 | Authority.
| ||||||
17 | (m) "Loan agreement" means any agreement pursuant to which | ||||||
18 | the Authority
agrees to loan the proceeds of its bonds, notes | ||||||
19 | or other evidences of
indebtedness issued with respect to a | ||||||
20 | project to any person or corporation
which will use or cause | ||||||
21 | the project to be used as a project as heretofore
defined upon | ||||||
22 | terms providing for loan repayment installments at least
| ||||||
23 | sufficient to pay when due all principal of and interest and | ||||||
24 | premium, if any,
on any bonds, notes or other evidences of | ||||||
25 | indebtedness of the Authority
issued with respect to the | ||||||
26 | project, providing for maintenance,
insurance and operation of |
| |||||||
| |||||||
1 | the project on terms satisfactory to the
Authority and | ||||||
2 | providing for other matters as may be deemed advisable by the | ||||||
3 | Authority.
| ||||||
4 | (n) "Financial aid" means the expenditure of Authority | ||||||
5 | funds or funds
provided by the Authority through the issuance | ||||||
6 | of its revenue bonds, notes
or other evidences of indebtedness | ||||||
7 | for the development, construction,
acquisition or improvement | ||||||
8 | of a project.
| ||||||
9 | (o) "Costs incurred in connection with the development, | ||||||
10 | construction,
acquisition or improvement of a project" means | ||||||
11 | the following: the cost of
purchase and construction of all | ||||||
12 | lands and improvements in connection
therewith and equipment | ||||||
13 | and other property, rights, easements and franchises
acquired | ||||||
14 | which are deemed necessary for such construction; financing
| ||||||
15 | charges; interest costs with respect to bonds, notes and other | ||||||
16 | evidences of
indebtedness of the Authority prior to and during | ||||||
17 | construction and for a
period of 6 months thereafter; | ||||||
18 | engineering and legal expenses; the costs of plans,
| ||||||
19 | specifications, surveys and estimates of costs and other | ||||||
20 | expenses necessary or
incident to determining the feasibility | ||||||
21 | or practicability of any project,
together with such other | ||||||
22 | expenses as may be necessary or incident to the
financing, | ||||||
23 | insuring, acquisition and construction of a specific project | ||||||
24 | and
the placing of the same in operation.
| ||||||
25 | (p) "Terminal" means a public place, station or depot for | ||||||
26 | receiving and
delivering passengers, baggage, mail, freight or |
| |||||||
| |||||||
1 | express matter and any
combination thereof in connection with | ||||||
2 | the transportation of
persons and property on water or land or | ||||||
3 | in the air.
| ||||||
4 | (q) "Terminal facilities" means all land, buildings, | ||||||
5 | structures,
improvements, equipment and appliances useful in | ||||||
6 | the operation of public
warehouse, storage and transportation | ||||||
7 | facilities and industrial,
manufacturing or commercial | ||||||
8 | activities for the accommodation of or in
connection with | ||||||
9 | commerce by water or land or in the air or useful as an
aid, or | ||||||
10 | constituting an advantage or convenience to, the safe landing,
| ||||||
11 | taking off and navigation of aircraft or the safe and | ||||||
12 | efficient operation
or maintenance of a public airport.
| ||||||
13 | (r) "Port facilities" means all public structures, except | ||||||
14 | terminal
facilities as defined herein, that are in, over, | ||||||
15 | under or adjacent to
navigable waters and are necessary for or | ||||||
16 | incident to the furtherance of
water commerce and includes the | ||||||
17 | widening and deepening of slips, harbors
and navigable waters.
| ||||||
18 | (s) "Airport" means any locality, either land or water, | ||||||
19 | which is used or
designed for the landing and taking off of | ||||||
20 | aircraft or for the location of
runways, landing fields, | ||||||
21 | aerodromes, hangars, buildings, structures,
airport roadways | ||||||
22 | and other facilities.
| ||||||
23 | (Source: P.A. 85-713.)
| ||||||
24 | (70 ILCS 510/4) (from Ch. 85, par. 6204)
| ||||||
25 | Sec. 4. (a) There is hereby created a political |
| |||||||
| |||||||
1 | subdivision, body politic
and municipal corporation named the | ||||||
2 | Quad Cities Regional Economic Development
Authority.
The | ||||||
3 | territorial jurisdiction of the Authority is that geographic | ||||||
4 | area
within the boundaries of Jo Daviess, Carroll, Whiteside, | ||||||
5 | Stephenson, Lee, Rock Island, Henry, Knox, and Mercer , | ||||||
6 | Winnebago, and Boone counties in
the State of
Illinois and any | ||||||
7 | navigable waters and air space located therein.
| ||||||
8 | (b) The governing and administrative powers of the | ||||||
9 | Authority shall be
vested in a body consisting of 18 16
members | ||||||
10 | including, as an ex officio
member,
the Director of Commerce | ||||||
11 | and Economic Opportunity, or his or her
designee.
The other | ||||||
12 | members of the Authority
shall be designated "public members", | ||||||
13 | 6 of whom shall be
appointed by the Governor
with the advice | ||||||
14 | and consent of the Senate. Of the 6 members
appointed by
the | ||||||
15 | Governor, one shall be from a city within the Authority's | ||||||
16 | territory
with a population of 25,000 or more and the | ||||||
17 | remainder shall be appointed at
large. Of the 6 members | ||||||
18 | appointed by the Governor, 2 members shall
have
business or | ||||||
19 | finance experience. One member shall be appointed by each of
| ||||||
20 | the county board chairmen of Rock Island, Henry, Knox, and | ||||||
21 | Mercer , Winnebago, and Boone
Counties with the advice and | ||||||
22 | consent of the respective county board.
Within 60 days after | ||||||
23 | the effective date of this amendatory Act of the 97th General | ||||||
24 | Assembly, one additional public member shall be appointed by | ||||||
25 | each of the county board chairpersons of Jo Daviess, Carroll, | ||||||
26 | Whiteside, Stephenson, and Lee counties with the advice and |
| |||||||
| |||||||
1 | consent of the respective county board. Of the public members | ||||||
2 | added by this amendatory Act of the 97th General Assembly, one | ||||||
3 | shall serve for a one-year term, 2 shall serve for 2-year | ||||||
4 | terms, and 2 shall serve for 3-year terms, to be determined by | ||||||
5 | lot. Their successors shall serve for 3-year terms. Within 60 | ||||||
6 | days after the effective date of this amendatory Act of the | ||||||
7 | 103rd General Assembly, one additional public member shall be | ||||||
8 | appointed by each of the county board chairperson of Winnebago | ||||||
9 | and Boone counties with the advice and consent of the | ||||||
10 | respective county board. Of the public members added by this | ||||||
11 | amendatory Act of the 103rd General Assembly, one shall serve | ||||||
12 | for a 2-year term and one shall serve for a 3-year term, to be | ||||||
13 | determined by lot. Their successors shall serve for 3-year | ||||||
14 | terms. All public members shall reside within the territorial | ||||||
15 | jurisdiction of this
Act. Ten Nine
members shall constitute a | ||||||
16 | quorum , and the Board may not meet or take any action without a | ||||||
17 | quorum present .
The public members shall be
persons of | ||||||
18 | recognized ability and
experience in one or more of the | ||||||
19 | following areas: economic development,
finance, banking, | ||||||
20 | industrial development, small business management, real
estate | ||||||
21 | development, community development, venture finance, organized | ||||||
22 | labor
or civic, community or neighborhood organization. The | ||||||
23 | Chairman of the
Authority shall be a public member elected by | ||||||
24 | the affirmative vote of not
fewer than 10 6 members of the | ||||||
25 | Authority , except that any chairperson elected on or after the | ||||||
26 | effective date of this amendatory Act of the 97th General |
| |||||||
| |||||||
1 | Assembly shall be elected by the affirmative vote of not fewer | ||||||
2 | than 9 members . The term of the Chairman
shall be one year.
| ||||||
3 | (c) The terms of the initial
members of the Authority | ||||||
4 | shall begin 30 days after
the effective date of this Act, | ||||||
5 | except (i) the terms of those
members added by this
amendatory | ||||||
6 | Act of 1989 shall begin 30 days after the effective
date of | ||||||
7 | this amendatory Act of 1989 and (ii) the terms of those members | ||||||
8 | added
by this amendatory Act of the 92nd General Assembly | ||||||
9 | shall begin 30 days after
the effective date of this | ||||||
10 | amendatory Act of the 92nd General Assembly. Of
the 10 public | ||||||
11 | members
appointed pursuant to this Act, 2 (one of whom shall be | ||||||
12 | appointed by the
Governor) shall serve until the
third Monday | ||||||
13 | in January, 1989, 2 (one of whom shall be appointed by the
| ||||||
14 | Governor) shall serve until the third Monday in
January, 1990, | ||||||
15 | 2
(one of whom shall be appointed by the Governor) shall serve | ||||||
16 | until the
third Monday in January, 1991, 2 (both of whom shall | ||||||
17 | be appointed by
the Governor) shall serve until the third | ||||||
18 | Monday in January, 1992, and 2 (one
of whom shall be appointed | ||||||
19 | by the Governor and one of whom shall be appointed
by the | ||||||
20 | county board chairman of Knox County) shall serve until the | ||||||
21 | third Monday
in January, 2004.
The initial terms of the | ||||||
22 | members appointed by the county board chairmen
(other than the | ||||||
23 | county board chairman of Knox County)
shall be determined by | ||||||
24 | lot. All successors shall be appointed by the
original | ||||||
25 | appointing authority and
hold office for a term of 3 years | ||||||
26 | commencing the third
Monday in January of the year in which |
| |||||||
| |||||||
1 | their term commences, except in case
of an appointment to fill | ||||||
2 | a vacancy.
Vacancies
occurring among the public members shall | ||||||
3 | be filled for the
remainder of the term.
In case of vacancy in | ||||||
4 | a Governor-appointed membership when
the Senate is not in | ||||||
5 | session, the Governor may make a temporary appointment
until | ||||||
6 | the next meeting of the Senate when a person shall be nominated | ||||||
7 | to
fill such office, and any person so nominated who is | ||||||
8 | confirmed by the
Senate shall hold office during the remainder | ||||||
9 | of the term and until a
successor shall be appointed and | ||||||
10 | qualified.
Members of the Authority shall not be entitled to | ||||||
11 | compensation for their
services
as members but shall be | ||||||
12 | entitled to reimbursement for all necessary
expenses incurred | ||||||
13 | in connection with the performance of their duties as members.
| ||||||
14 | (d) The Governor may remove any public member of the | ||||||
15 | Authority appointed
by the Governor in case
of incompetency, | ||||||
16 | neglect of duty, or malfeasance in office. The Chairman
of a | ||||||
17 | county board may remove any public member of the Authority | ||||||
18 | appointed
by such Chairman in the case of incompetency, | ||||||
19 | neglect of duty, or malfeasance in office.
| ||||||
20 | (e) The Board shall appoint an Executive Director who | ||||||
21 | shall have a
background in finance, including familiarity with | ||||||
22 | the legal and
procedural requirements of issuing bonds, real | ||||||
23 | estate or economic
development and administration. The | ||||||
24 | Executive Director shall hold office
at the discretion of the | ||||||
25 | Board. The Executive Director shall be the chief
| ||||||
26 | administrative and operational officer of the Authority, shall |
| |||||||
| |||||||
1 | direct
and supervise its administrative affairs and general | ||||||
2 | management, shall perform
such other duties as may be | ||||||
3 | prescribed from time to time by the members and
shall receive | ||||||
4 | compensation fixed by the Authority.
The Authority may engage | ||||||
5 | the services of such
other agents and employees, including | ||||||
6 | attorneys, appraisers, engineers,
accountants, credit analysts | ||||||
7 | and other consultants, as it may deem
advisable and may | ||||||
8 | prescribe their duties and fix their compensation.
| ||||||
9 | (f) The Board shall create a task force to study and make
| ||||||
10 | recommendations to the Board on the economic development of | ||||||
11 | the territory
within the jurisdiction of this Act. The number | ||||||
12 | of members
constituting the task force shall be set by the | ||||||
13 | Board and may vary from
time to time. The Board may set a | ||||||
14 | specific date by which the task force is
to submit its final | ||||||
15 | report and recommendations to the Board.
| ||||||
16 | (Source: P.A. 97-278, eff. 8-8-11; 98-463, eff. 8-16-13.)
| ||||||
17 | (70 ILCS 510/5) (from Ch. 85, par. 6205)
| ||||||
18 | Sec. 5. Conflicts of interest; requests for assistance; | ||||||
19 | disclosure of economic interests. Interest. Members or | ||||||
20 | employees of authority -
conflicting relations or interests - | ||||||
21 | effects. | ||||||
22 | (a) No member of the
Authority or officer, agent or | ||||||
23 | employee thereof other than the
representatives of a | ||||||
24 | professional sports team shall, in his or her own name
or in | ||||||
25 | the name of a nominee, be an officer, director or hold an |
| |||||||
| |||||||
1 | ownership
interest of more than 7-1/2% in any person, | ||||||
2 | association, trust, corporation,
partnership or other entity | ||||||
3 | which is, in its own name or in the name of a
nominee, a party | ||||||
4 | to a contract or agreement upon which the member or
officer, | ||||||
5 | agent or employee may be called upon to act or vote.
| ||||||
6 | (b) With respect to any direct or any indirect interest, | ||||||
7 | other than an
interest prohibited in subsection (a), in a | ||||||
8 | contract or agreement upon
which the member or officer, agent | ||||||
9 | or employee may be called upon to act or
vote, a member of the | ||||||
10 | Authority or officer, agent or employee thereof shall
disclose | ||||||
11 | the same to the secretary of the Authority prior to the taking | ||||||
12 | of
final action by the Authority concerning such contract or | ||||||
13 | agreement and
shall so disclose the nature and extent of such | ||||||
14 | interest and his or her
acquisition thereof, which disclosures | ||||||
15 | shall be publicly acknowledged by
the Authority and entered | ||||||
16 | upon the minutes of the Authority. If a member
of the Authority | ||||||
17 | or officer, agent or employee thereof holds such an
interest | ||||||
18 | then he or she shall refrain from any further official
| ||||||
19 | involvement in regard to such contract or agreement, from | ||||||
20 | voting on any
matter pertaining to such contract or agreement, | ||||||
21 | and from communicating
with other members of the Authority or | ||||||
22 | its officers, agents and employees
concerning said contract or | ||||||
23 | agreement. Notwithstanding any other provision
of law, any | ||||||
24 | contract or agreement entered into in conformity with this
| ||||||
25 | subsection (b) shall not be void or invalid by reason of the | ||||||
26 | interest
described in this subsection, nor shall any person so |
| |||||||
| |||||||
1 | disclosing the
interest and refraining from further official | ||||||
2 | involvement as provided in
this subsection be guilty of an | ||||||
3 | offense, be removed from office or be
subject to any other | ||||||
4 | penalty on account of such interest.
| ||||||
5 | (c) Any contract or agreement made in violation of | ||||||
6 | subsection (a) or (b)
of this Section shall be null and void | ||||||
7 | and give rise to no action against
the Authority. No real | ||||||
8 | estate to which a member or employee of the
Authority holds | ||||||
9 | legal title or in which such person has any beneficial
| ||||||
10 | interest, including any interest in a land trust, shall be | ||||||
11 | purchased by the
Authority or by a nonprofit corporation or | ||||||
12 | limited-profit entity for a
development to be financed under | ||||||
13 | this Act. All members and employees of
the Authority shall | ||||||
14 | file annually with the Authority a record of all real
estate in | ||||||
15 | this State of which such person holds legal title or in which
| ||||||
16 | such person has any beneficial interest, including any | ||||||
17 | interest in a land
trust. In the event it is later disclosed | ||||||
18 | that the Authority has purchased
real estate in which a member | ||||||
19 | or employee had an interest, such purchase
shall be voidable | ||||||
20 | by the Authority and the member or employee involved
shall be | ||||||
21 | disqualified from membership in or employment by the | ||||||
22 | Authority.
| ||||||
23 | (d) The Authority may not hear a request for assistance | ||||||
24 | from a restricted person. This prohibition extends to business | ||||||
25 | relationships between a person who is an Authority leader | ||||||
26 | within one year prior to the request for assistance and to any |
| |||||||
| |||||||
1 | entity in which a restricted person holds or, within the past 2 | ||||||
2 | years, held an ownership interest of 10% or more. | ||||||
3 | (e) An Authority leader shall disclose and recuse himself | ||||||
4 | or herself from matters relating to requests for assistance | ||||||
5 | from an entity that is relocating full-time employees from | ||||||
6 | another Authority's counties if (i) both Authorities contract | ||||||
7 | with or employ the same Authority leader or (ii) there is or, | ||||||
8 | within the past 2 years of the request, there was a business | ||||||
9 | relationship between the Authority leaders at the 2 | ||||||
10 | Authorities. | ||||||
11 | (f) The Board of the Authority shall vote to renew the | ||||||
12 | appointment of the Executive Director and other Authority | ||||||
13 | leaders on an annual basis. All contracts shall be approved on | ||||||
14 | an annual basis and use a public process to solicit | ||||||
15 | applications. This requirement does not apply to full-time | ||||||
16 | employees of the Authority unless otherwise required by | ||||||
17 | applicable State law or local ordinance. | ||||||
18 | (g) Each Authority leader shall submit a statement of | ||||||
19 | economic interest in accordance with Article 4A of the | ||||||
20 | Illinois Governmental Ethics Act. Additionally, each Authority | ||||||
21 | leader shall disclose to the Board outside sources of income | ||||||
22 | and any business relationships in economic development | ||||||
23 | consulting or lobbying. Reporting shall include the source of | ||||||
24 | income, services provided, and timeline of when services were | ||||||
25 | provided. If the source of income is a firm or organization | ||||||
26 | with multiple clients, the report shall list all of the |
| |||||||
| |||||||
1 | entities for which the individual provided services. | ||||||
2 | (Source: P.A. 85-713 .)
| ||||||
3 | (70 ILCS 510/6) (from Ch. 85, par. 6206)
| ||||||
4 | Sec. 6. Records , and reports , and notices of the | ||||||
5 | Authority. The secretary shall
keep a record of the | ||||||
6 | proceedings of the Authority. The treasurer of the
Authority | ||||||
7 | shall be custodian of all Authority funds, and shall be bonded | ||||||
8 | in
such amount as the other members of the Authority may | ||||||
9 | designate. The
accounts and bonds of the Authority shall be | ||||||
10 | set up and maintained in a
manner approved by the Auditor | ||||||
11 | General, and the Authority shall file with
the Auditor General | ||||||
12 | a certified annual report within 120 days after the
close of | ||||||
13 | its fiscal year. The Authority shall also file with the | ||||||
14 | Governor,
the Secretary of the Senate, the Clerk of the House | ||||||
15 | of Representatives, and
the Commission on Government | ||||||
16 | Forecasting and Accountability, by March 1 of each year, a
| ||||||
17 | written report covering its activities and any activities of | ||||||
18 | any
instrumentality corporation established pursuant to this | ||||||
19 | Act for the
previous fiscal year. In its report to be filed by | ||||||
20 | March 1, 1988, the
Authority shall present an economic | ||||||
21 | development strategy for the Quad
Cities region for the year | ||||||
22 | beginning July 1, 1988 and for the 4 years next
ensuing. In | ||||||
23 | each annual report thereafter, the Authority shall make
| ||||||
24 | modifications in such economic development strategy for the 4 | ||||||
25 | years
beginning on the next ensuing July 1, to reflect changes |
| |||||||
| |||||||
1 | in economic
conditions or other factors, including the | ||||||
2 | policies of the Authority and
the State of Illinois. It also | ||||||
3 | shall present an economic development
strategy for the fifth | ||||||
4 | year beginning after the next ensuing July 1. The
strategy | ||||||
5 | shall recommend specific legislative and administrative action | ||||||
6 | by
the State, the Authority, units of local government or | ||||||
7 | other governmental
agencies. Such recommendations may include, | ||||||
8 | but are not limited to, new
programs, modifications to | ||||||
9 | existing programs, credit enhancements for bonds
issued by the | ||||||
10 | Authority, and amendments to this Act. When filed, such
report | ||||||
11 | shall be a public record and
open for inspection at the offices | ||||||
12 | of the Authority during normal business hours.
| ||||||
13 | The Authority is subject to the Open Meetings Act and the | ||||||
14 | Freedom of Information Act. Documents subject to the Freedom | ||||||
15 | of Information Act include, but are not limited to, expenses,
| ||||||
16 | payroll, origination bonuses, and other financial details of | ||||||
17 | the Authority. | ||||||
18 | A contract or agreement entered into by the Authority must | ||||||
19 | be posted on the Authority's website. The Authority shall | ||||||
20 | provide a detailed report of the Authority's financial | ||||||
21 | information on the Authority's website, including, but not | ||||||
22 | limited to, a statement of profits and losses, balance sheet, | ||||||
23 | and income statement of the Authority. | ||||||
24 | The Authority shall provide notice to the General | ||||||
25 | Assembly, the Department of Commerce and Economic Opportunity, | ||||||
26 | and the Governor once the Authority enters into a commitment |
| |||||||
| |||||||
1 | to support the financing of a project. The notice to the | ||||||
2 | General Assembly shall be filed with the Clerk of the House of | ||||||
3 | Representatives and the Secretary of the Senate, in electronic | ||||||
4 | form only, in the manner that the Clerk and the Secretary shall | ||||||
5 | direct. | ||||||
6 | (Source: P.A. 100-1148, eff. 12-10-18.)
| ||||||
7 | (70 ILCS 510/14) (from Ch. 85, par. 6214)
| ||||||
8 | Sec. 14. Additional powers and duties.
| ||||||
9 | (a) The Authority may, but
need not, acquire title to any | ||||||
10 | project with respect to which it exercises its
authority.
| ||||||
11 | (b) The Authority shall have the power to enter into | ||||||
12 | intergovernmental
agreements with the State of Illinois, the | ||||||
13 | counties of Jo Daviess, Carroll, Whiteside, Stephenson, Lee, | ||||||
14 | Knox, Winnebago, Boone, Rock Island, Henry ,
or Mercer, the | ||||||
15 | State of Iowa or any authority established by the
State of | ||||||
16 | Iowa, the Illinois Finance Authority, the Illinois
Housing | ||||||
17 | Development Authority,
the United States government and any | ||||||
18 | agency or instrumentality of the
United States, any unit of | ||||||
19 | local government located within the territory of
the Authority | ||||||
20 | or any other unit of government to the extent allowed by
| ||||||
21 | Article VII, Section 10 of the Illinois Constitution and the
| ||||||
22 | Intergovernmental Cooperation Act.
| ||||||
23 | (c) 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 |
| |||||||
| |||||||
1 | or personnel of any unit of local
government.
| ||||||
2 | (d) The Authority shall have the power to exercise powers | ||||||
3 | and issue
bonds as if it were a municipality so authorized in | ||||||
4 | Divisions 12.1, 74,
74.1, 74.3 and 74.5 of Article 11 of the | ||||||
5 | Illinois Municipal Code.
| ||||||
6 | (Source: P.A. 93-205, eff. 1-1-04.)"; and
| ||||||
7 | Section 35. The Riverdale Development Authority Act is | ||||||
8 | amended by changing Sections 10, 15, and 45 and by adding | ||||||
9 | Sections 21 and 22 as follows:
| ||||||
10 | (70 ILCS 516/10)
| ||||||
11 | Sec. 10. Definitions. In this Act words and phrases have | ||||||
12 | the meanings set forth in this Section. | ||||||
13 | "Authority" means the Riverdale Development Authority | ||||||
14 | created by this Act. | ||||||
15 | "Authority leader" means the Executive Director, | ||||||
16 | Assistant Executive Director, or any other person serving | ||||||
17 | in a management, administrative, or leadership role at the | ||||||
18 | Authority. | ||||||
19 | "Board" means the Board of Directors of the Authority. | ||||||
20 | "Costs incurred in connection with the development, | ||||||
21 | construction, acquisition, or improvement of a project" | ||||||
22 | means: the cost of purchase and construction of all lands | ||||||
23 | and related improvements, together with the equipment and | ||||||
24 | other property, rights, easements, and franchises acquired |
| |||||||
| |||||||
1 | that are deemed necessary for the construction; the costs | ||||||
2 | of environmental suits, studies and analyses and | ||||||
3 | subsequent clean-up activities necessary to qualify the | ||||||
4 | area as needing no further remediation; financing charges; | ||||||
5 | interest costs with respect to revenue bonds, notes, and | ||||||
6 | other evidences of indebtedness of the Authority prior to | ||||||
7 | and during construction and for a period of 36 months | ||||||
8 | thereafter; engineering and legal expenses; the costs of | ||||||
9 | plans, specifications, surveys, and estimates of costs and | ||||||
10 | other expenses necessary or incident to determining the | ||||||
11 | feasibility or practicability of any project, together | ||||||
12 | with such other expenses as may be necessary or incident | ||||||
13 | to the financing, insuring, acquisition, and construction | ||||||
14 | of a specific project and the placing of the project in | ||||||
15 | operation. | ||||||
16 | "Financial aid" means the expenditure of Authority | ||||||
17 | funds or funds provided by the Authority through the | ||||||
18 | issuance of its revenue bonds, notes, or other evidences | ||||||
19 | of indebtedness for the development, construction, | ||||||
20 | acquisition, or improvement of a project. | ||||||
21 | "Governmental agency" means any federal, State, county | ||||||
22 | or local governmental body, and any agency or | ||||||
23 | instrumentality thereof, corporate or otherwise. | ||||||
24 | "Lease agreement" means an agreement under which a | ||||||
25 | project acquired by the Authority by purchase, gift, or | ||||||
26 | lease is leased to any person or governmental agency that |
| |||||||
| |||||||
1 | will use or cause the project to be used as a project upon | ||||||
2 | terms providing for lease rental payments at least | ||||||
3 | sufficient to pay when due the lessee's pro rata share of | ||||||
4 | all principal and interest and premium, if any, on any | ||||||
5 | revenue bonds, notes, or other evidences of indebtedness | ||||||
6 | of the Authority issued with respect to the project, | ||||||
7 | providing for the maintenance, insurance, and operation of | ||||||
8 | the project on terms satisfactory to the Authority, and | ||||||
9 | providing for disposition of the project upon termination | ||||||
10 | of the lease term, including purchase options or | ||||||
11 | abandonment of the premises, with such other terms as may | ||||||
12 | be deemed desirable by the Authority. | ||||||
13 | "Loan agreement" means any agreement by which the | ||||||
14 | Authority agrees to loan the proceeds of its revenue | ||||||
15 | bonds, notes, or other evidences of indebtedness issued | ||||||
16 | with respect to a project to any person or governmental | ||||||
17 | agency that will use or cause the project to be used as a | ||||||
18 | project upon terms providing for loan repayment | ||||||
19 | installments at least sufficient to pay when due the | ||||||
20 | borrower's pro rata share of all principal of and interest | ||||||
21 | and premium, if any, on any revenue bonds, notes, or other | ||||||
22 | evidences of indebtedness of the Authority issued with | ||||||
23 | respect to the project, providing for maintenance, | ||||||
24 | insurance, and operation of the project on terms | ||||||
25 | satisfactory to the Authority, and providing for other | ||||||
26 | matters as may be deemed advisable by the Authority. |
| |||||||
| |||||||
1 | "Person" includes without limitation an individual, | ||||||
2 | corporation, partnership, unincorporated association, and | ||||||
3 | any other legal entity, including a trustee, receiver, | ||||||
4 | assignee, or personal representative of the entity. | ||||||
5 | "Project" means an industrial, commercial, | ||||||
6 | freight-oriented or residential project or any combination | ||||||
7 | thereof provided that all uses shall fall within one of | ||||||
8 | those categories, including but not limited to one or more | ||||||
9 | buildings and other structures, improvements, machinery | ||||||
10 | and equipment whether or not on the same site or any land, | ||||||
11 | buildings, machinery, or equipment comprising an addition | ||||||
12 | to or renovation, rehabilitation, or improvement of any | ||||||
13 | existing capital project. Any project shall automatically | ||||||
14 | include all site improvements and new construction | ||||||
15 | involving sidewalks, sewers, landscaping and all | ||||||
16 | appurtenances and facilities incidental thereto such as | ||||||
17 | utilities, access roads, railroad sidings, truck docking, | ||||||
18 | and similar facilities, parking facilities, railroad | ||||||
19 | roadbed, track, trestle, depot, terminal, intermodal | ||||||
20 | facilities, switching and signaling equipment, or related | ||||||
21 | equipment and other improvements necessary or convenient | ||||||
22 | thereto, solid waste and wastewater treatment and disposal | ||||||
23 | sites and other pollution control facilities, resource or | ||||||
24 | waste reduction, recovery, treatment, and disposal | ||||||
25 | facilities, open spaces, streets, highways, and runways. | ||||||
26 | "Restricted person" means a person who has a familial |
| |||||||
| |||||||
1 | or business relationship with an Authority leader. | ||||||
2 | "Revenue bond" or "bond" means any bond issued by the | ||||||
3 | Authority under the supervision of the Illinois Finance | ||||||
4 | Authority, the principal and interest of which are payable | ||||||
5 | solely from revenues or income derived from any project or | ||||||
6 | activity of the Authority. | ||||||
7 | "Terminal" means a public place, station, or depot for | ||||||
8 | receiving and delivering passengers, baggage, mail, | ||||||
9 | freight, or express matter and any combination thereof in | ||||||
10 | connection with the transportation of persons and property | ||||||
11 | on land. | ||||||
12 | "Terminal facilities" means all land, buildings, | ||||||
13 | structures, improvements, equipment, and appliances useful | ||||||
14 | in the operation of public warehouse, storage, and | ||||||
15 | transportation facilities and industrial, manufacturing, | ||||||
16 | or commercial activities for the accommodation of or in | ||||||
17 | connection with commerce by land.
| ||||||
18 | (Source: P.A. 94-1093, eff. 1-26-07.)
| ||||||
19 | (70 ILCS 516/15)
| ||||||
20 | Sec. 15. Creation of Authority; Board members; officers. | ||||||
21 | (a) The Riverdale Development Authority is created as a | ||||||
22 | political subdivision, body politic, and municipal | ||||||
23 | corporation. | ||||||
24 | (b) The jurisdiction of the Authority shall extend over | ||||||
25 | the approximately 1,200 acres (1.87 sq. miles), more or less, |
| |||||||
| |||||||
1 | of largely industrial, commercial and residential property | ||||||
2 | located between and adjacent to the CSX's Barr Yard and IHB's | ||||||
3 | Blue Island Yard, exclusive of those yards and other rail | ||||||
4 | lines and utility property, but including: the property | ||||||
5 | generally bounded by I-57 on the west; east along Jackson | ||||||
6 | Street and Indian Boundary Line to Halsted Avenue; south on | ||||||
7 | Halsted to Forestview Avenue continuing east to the Norfolk | ||||||
8 | Southern Railway; north along the Norfolk Southern Railway to | ||||||
9 | the Little Calumet River, east along the River to the | ||||||
10 | northeastern tip of the peninsula crossing the River at the | ||||||
11 | height of 130th Street to the Canadian National-Illinois | ||||||
12 | Central Railroad property line continuing south along the rail | ||||||
13 | line and crossing the River again; east along the River to | ||||||
14 | Indiana Avenue; south to 136th Street; west on 136th Street to | ||||||
15 | the Norfolk Southern Railway then northwest to the northern | ||||||
16 | boundary of Mohawk Park at the height of Blue Island-Riverdale | ||||||
17 | Road and thence west on Blue Island-Riverdale Road to the | ||||||
18 | eastern edge of the Commonwealth Edison easement at the height | ||||||
19 | of Stewart Avenue and then south on Stewart Avenue to 142nd | ||||||
20 | Street; west on 142nd Street continuing along the southern | ||||||
21 | boundary of the IHB Blue Island Yard following this boundary | ||||||
22 | line west to I-57. | ||||||
23 | (c) The governing and administrative powers of the | ||||||
24 | Authority shall be vested in its Board of Directors consisting | ||||||
25 | of 5 members, 3 of whom shall be appointed by the Mayor of | ||||||
26 | Riverdale and 2 of whom shall be appointed by the Governor. All |
| |||||||
| |||||||
1 | persons appointed as members of the Board shall have | ||||||
2 | recognized ability and experience in one or more of the | ||||||
3 | following areas: economic development, finance, banking, | ||||||
4 | industrial development, business management, real estate, | ||||||
5 | community development, organized labor, or civic, community, | ||||||
6 | or neighborhood organization. | ||||||
7 | (d) The terms of the 5 initial appointees to the Authority | ||||||
8 | shall commence 30 days after the effective date of this Act. Of | ||||||
9 | the 5 appointees initially appointed (i) one of Riverdale's | ||||||
10 | appointees and one of the Governor's appointees shall be | ||||||
11 | appointed to serve terms expiring on the third Monday in | ||||||
12 | January, 2009; (ii) one of Riverdale's appointees shall be | ||||||
13 | appointed to serve a term expiring on the third Monday in | ||||||
14 | January, 2010; and (iii) one of Riverdale's appointees and 1 | ||||||
15 | of the Governor's appointees shall be appointed to serve terms | ||||||
16 | expiring on the third Monday in January, 2011. All successors | ||||||
17 | shall be appointed by the original appointing authority and | ||||||
18 | hold office for a term of 4 years commencing the third Monday | ||||||
19 | in January of the year in which their term commences, except in | ||||||
20 | case of an appointment to fill a vacancy. Vacancies shall be | ||||||
21 | filled for the remainder of the term. Each member appointed to | ||||||
22 | the Board shall serve until his or her successor is appointed | ||||||
23 | and qualified. | ||||||
24 | (e) The Chairperson of the Board shall be elected by the | ||||||
25 | Board annually from among its members. | ||||||
26 | (f) The appointing authority may remove any member of the |
| |||||||
| |||||||
1 | Board in case of incompetency, neglect of duty, or malfeasance | ||||||
2 | in office. | ||||||
3 | (g) Members of the Board shall serve without compensation | ||||||
4 | for their services as members but may be reimbursed for all | ||||||
5 | necessary expenses incurred in connection with the performance | ||||||
6 | of their duties as members. | ||||||
7 | (h) The Board may appoint an Executive Director who shall | ||||||
8 | have a background in administration, planning, real estate, | ||||||
9 | economic development, finance, or law. The Executive Director | ||||||
10 | shall hold office at the discretion of the Board. The | ||||||
11 | Executive Director shall be the chief administrative and | ||||||
12 | operational officer of the Authority, shall direct and | ||||||
13 | supervise its administrative affairs and general management, | ||||||
14 | shall perform such other duties as may be prescribed from time | ||||||
15 | to time by the Board, and shall receive compensation fixed by | ||||||
16 | the Board. The Executive Director shall attend all meetings of | ||||||
17 | the Board; however, no action of the Board or the Authority | ||||||
18 | shall be invalid on account of the absence of the Executive | ||||||
19 | Director from a meeting. The Board may engage the services of | ||||||
20 | such other agents and employees, including planners, | ||||||
21 | attorneys, appraisers, engineers, accountants, credit analysts | ||||||
22 | and other consultants, and may prescribe their duties and fix | ||||||
23 | their compensation. | ||||||
24 | (i) The Board shall meet on the call of its Chairperson or | ||||||
25 | upon written notice of 3 members of the Board. 3 members shall | ||||||
26 | constitute a
quorum, and the Board may not meet or take any |
| |||||||
| |||||||
1 | action without a quorum present. | ||||||
2 | (j) All official acts of the Authority shall require the | ||||||
3 | affirmative vote of at least 3 of the members of the Board | ||||||
4 | present and voting at a meeting of the Board.
| ||||||
5 | (Source: P.A. 94-1093, eff. 1-26-07.)
| ||||||
6 | (70 ILCS 516/21 new) | ||||||
7 | Sec. 21. Requests for assistance; disclosure of economic | ||||||
8 | interests. | ||||||
9 | (a) The Authority may not hear a request for assistance | ||||||
10 | from a restricted person. This prohibition extends to business | ||||||
11 | relationships between a person who is an Authority leader | ||||||
12 | within one year prior to the request for assistance and to any | ||||||
13 | entity in which a restricted person holds or, within the past 2 | ||||||
14 | years, held an ownership interest of 10% or more. | ||||||
15 | (b) An Authority leader shall disclose and recuse himself | ||||||
16 | or herself from matters relating to requests for assistance | ||||||
17 | from an entity that is relocating full-time employees from | ||||||
18 | another Authority's counties if (i) both Authorities contract | ||||||
19 | with or employ the same Authority leader or (ii) there is or, | ||||||
20 | within the past 2 years of the request, there was a business | ||||||
21 | relationship between the Authority leaders at the 2 | ||||||
22 | Authorities. | ||||||
23 | (c) The Board of the Authority shall vote to renew the | ||||||
24 | appointment of the Executive Director and other Authority | ||||||
25 | leaders on an annual basis. All contracts shall be approved on |
| |||||||
| |||||||
1 | an annual basis and use a public process to solicit | ||||||
2 | applications. This requirement does not apply to full-time | ||||||
3 | employees of the Authority unless otherwise required by | ||||||
4 | applicable State law or local ordinance. | ||||||
5 | (d) Each Authority leader shall submit a statement of | ||||||
6 | economic interest in accordance with Article 4A of the | ||||||
7 | Illinois Governmental Ethics Act. Additionally, each Authority | ||||||
8 | leader shall disclose to the Board outside sources of income | ||||||
9 | and any business relationships in economic development | ||||||
10 | consulting or lobbying. Reporting shall include the source of | ||||||
11 | income, services provided, and timeline of when services were | ||||||
12 | provided. If the source of income is a firm or organization | ||||||
13 | with multiple clients, the report shall list all of the | ||||||
14 | entities for which the individual provided services.
| ||||||
15 | (70 ILCS 516/22 new) | ||||||
16 | Sec. 22. Open meetings; record disclosure. | ||||||
17 | (a) The Authority is subject to the Open Meetings Act and | ||||||
18 | the Freedom of Information Act. Documents subject to the | ||||||
19 | Freedom of Information Act include, but are not limited to, | ||||||
20 | expenses,
payroll, origination bonuses, and other financial | ||||||
21 | details of the Authority. | ||||||
22 | (b) A contract or agreement entered into by the Authority | ||||||
23 | must be posted on the Authority's website. The Authority shall | ||||||
24 | provide a detailed report of the Authority's financial | ||||||
25 | information on the Authority's website, including, but not |
| |||||||
| |||||||
1 | limited to, a statement of profits and losses, balance sheet, | ||||||
2 | and income statement of the Authority.
| ||||||
3 | (70 ILCS 516/45)
| ||||||
4 | Sec. 45. Reports ; commitment notice . The Authority shall, | ||||||
5 | annually, submit a report of its finances to the Auditor | ||||||
6 | General. The Authority shall, annually, submit a report of its | ||||||
7 | activities to the Governor and to the General Assembly.
| ||||||
8 | The Authority shall provide notice to the General | ||||||
9 | Assembly, the Department of Commerce and Economic Opportunity, | ||||||
10 | and the Governor once the Authority enters into a commitment | ||||||
11 | to support the financing of a project. The notice to the | ||||||
12 | General Assembly shall be filed with the Clerk of the House of | ||||||
13 | Representatives and the Secretary of the Senate, in electronic | ||||||
14 | form only, in the manner that the Clerk and the Secretary shall | ||||||
15 | direct. | ||||||
16 | (Source: P.A. 94-1093, eff. 1-26-07.)
| ||||||
17 | Section 40. The Southeastern Illinois
Economic Development | ||||||
18 | Authority
Act is amended by changing Sections 15, 20, and 70 | ||||||
19 | and by adding Sections 26 and 27 as follows:
| ||||||
20 | (70 ILCS 518/15) | ||||||
21 | Sec. 15. Definitions. In this Act:
| ||||||
22 | "Authority" means the Southeastern Illinois Economic | ||||||
23 | Development Authority.
|
| |||||||
| |||||||
1 | "Authority leader" means the Executive Director, Assistant | ||||||
2 | Executive Director, or any other person serving in a | ||||||
3 | management, administrative, or leadership role at the | ||||||
4 | Authority. | ||||||
5 | "Governmental agency" means any federal, State, or local | ||||||
6 | governmental body
and any agency or
instrumentality thereof, | ||||||
7 | corporate or otherwise.
| ||||||
8 | "Person" means any natural person, firm, partnership, | ||||||
9 | corporation, both
domestic and foreign,
company, association | ||||||
10 | or joint stock association and includes any trustee,
receiver, | ||||||
11 | assignee or personal
representative thereof.
| ||||||
12 | "Restricted person" means a person who has a familial or | ||||||
13 | business relationship with an Authority leader. | ||||||
14 | "Revenue bond" means any bond issued by the Authority, the | ||||||
15 | principal and
interest of which is payable
solely from | ||||||
16 | revenues or income derived from any project or activity of the
| ||||||
17 | Authority.
| ||||||
18 | "Board" means the Board of Directors of the Southeastern | ||||||
19 | Illinois Economic
Development Authority.
| ||||||
20 | "Governor" means the Governor of the State of Illinois.
| ||||||
21 | "City" means any city, village, incorporated town, or | ||||||
22 | township within the
geographical territory of the
Authority.
| ||||||
23 | "Industrial project" means the following:
| ||||||
24 | (1) a capital project, including one or more buildings | ||||||
25 | and other
structures, improvements,
machinery and | ||||||
26 | equipment whether or not on the same site or sites now |
| |||||||
| |||||||
1 | existing
or hereafter acquired,
suitable for use by any | ||||||
2 | manufacturing, industrial, research, transportation or
| ||||||
3 | commercial enterprise
including but not limited to use as | ||||||
4 | a factory, mill, processing plant, assembly
plant, | ||||||
5 | packaging plant,
fabricating plant, ethanol plant, office | ||||||
6 | building, industrial distribution
center, warehouse,
| ||||||
7 | repair, overhaul or service
facility, freight terminal, | ||||||
8 | research facility, test facility, power generation | ||||||
9 | facility, mining operation, railroad
facility, solid waste | ||||||
10 | and wastewater
treatment and disposal sites and other | ||||||
11 | pollution control facilities, resource
or waste reduction, | ||||||
12 | recovery,
treatment and disposal facilities, | ||||||
13 | tourism-related facilities, including hotels, theaters, | ||||||
14 | water parks, and amusement parks, and including also the | ||||||
15 | sites thereof and
other rights in land therefore
whether | ||||||
16 | improved or unimproved, site preparation and landscaping | ||||||
17 | and all
appurtenances and facilities
incidental thereto | ||||||
18 | such as utilities, access roads, railroad sidings, truck
| ||||||
19 | docking and similar facilities,
parking facilities, | ||||||
20 | dockage, wharfage, railroad roadbed, track, trestle, | ||||||
21 | depot,
terminal, switching and
signaling equipment or | ||||||
22 | related equipment and other improvements necessary or
| ||||||
23 | convenient thereto; or
| ||||||
24 | (2) any land, buildings, machinery or equipment | ||||||
25 | comprising an addition to or
renovation,
rehabilitation or | ||||||
26 | improvement of any existing capital project.
|
| |||||||
| |||||||
1 | "Housing project" or "residential project" includes a | ||||||
2 | specific work or improvement undertaken to provide dwelling | ||||||
3 | accommodations, including the acquisition, construction or | ||||||
4 | rehabilitation of lands, buildings and community facilities | ||||||
5 | and in connection therewith to provide nonhousing facilities | ||||||
6 | which are an integral part of a planned large-scale project or | ||||||
7 | new community. | ||||||
8 | "Commercial project" means any project, including, but not | ||||||
9 | limited to, one or
more buildings and other
structures, | ||||||
10 | improvements, machinery, and equipment, whether or not on the | ||||||
11 | same
site or sites now existing
or hereafter acquired, | ||||||
12 | suitable for use by any retail or wholesale concern,
| ||||||
13 | distributorship, or agency, or health facility or retirement | ||||||
14 | facility.
| ||||||
15 | "Project" means an industrial, housing, residential, | ||||||
16 | commercial, or service
project, or any combination
thereof, | ||||||
17 | provided that all uses fall within one of the categories | ||||||
18 | described
above. Any project automatically
includes all site | ||||||
19 | improvements and new construction involving sidewalks,
sewers, | ||||||
20 | solid waste and
wastewater treatment and disposal sites and | ||||||
21 | other pollution control facilities,
resource or waste | ||||||
22 | reduction,
recovery, treatment and disposal facilities, parks, | ||||||
23 | open spaces, wildlife
sanctuaries, streets, highways, and
| ||||||
24 | runways.
| ||||||
25 | "Lease agreement" means an agreement in which a project | ||||||
26 | acquired by the
Authority by purchase, gift,
or lease is |
| |||||||
| |||||||
1 | leased to any person or corporation that will use, or cause the
| ||||||
2 | project to be used, as a project,
upon terms providing for | ||||||
3 | lease rental payments at least sufficient to pay, when due, | ||||||
4 | all principal of and
interest and premium, if any, on any | ||||||
5 | bonds, notes, or other evidences of indebtedness of the | ||||||
6 | Authority,
issued with respect to the project, providing for | ||||||
7 | the maintenance, insurance, and operation of the project on
| ||||||
8 | terms satisfactory to the Authority and providing for | ||||||
9 | disposition of the project upon termination of the lease
term, | ||||||
10 | including purchase options or abandonment of the premises, | ||||||
11 | with other terms as may be deemed
desirable by the Authority.
| ||||||
12 | "Loan agreement" means any agreement in which the | ||||||
13 | Authority agrees to loan
the proceeds of its bonds,
notes, or | ||||||
14 | other evidences of indebtedness, issued with respect to a | ||||||
15 | project, to
any person or corporation
which will use or cause | ||||||
16 | the project to be used as a project, upon terms
providing for | ||||||
17 | loan repayment
installments at least sufficient to pay, when | ||||||
18 | due, all principal of and
interest and premium, if any, on any
| ||||||
19 | bonds, notes, or other evidences of indebtedness of the | ||||||
20 | Authority issued with
respect to the project,
providing for | ||||||
21 | maintenance, insurance, and operation of the project on terms
| ||||||
22 | satisfactory to the Authority
and providing for other terms | ||||||
23 | deemed advisable by the Authority.
| ||||||
24 | "Financial aid" means the expenditure of Authority funds | ||||||
25 | or funds provided by
the Authority for the
development, | ||||||
26 | construction, acquisition or improvement of a project, through |
| |||||||
| |||||||
1 | the
issuance of revenue bonds,
notes, or other evidences of | ||||||
2 | indebtedness.
| ||||||
3 | "Costs incurred in connection with
the development, | ||||||
4 | construction, acquisition or improvement of a
project" means | ||||||
5 | the following:
| ||||||
6 | (1) the cost of purchase and construction of all lands | ||||||
7 | and improvements in
connection therewith and
equipment and | ||||||
8 | other property, rights, easements, and franchises acquired | ||||||
9 | which
are deemed necessary for
the construction;
| ||||||
10 | (2) financing charges;
| ||||||
11 | (3) interest costs with respect to bonds, notes, and | ||||||
12 | other evidences of
indebtedness of the Authority
prior to | ||||||
13 | and during construction and for a period of 6 months | ||||||
14 | thereafter;
| ||||||
15 | (4) engineering and legal expenses; and
| ||||||
16 | (5) the costs of plans, specifications, surveys, and | ||||||
17 | estimates of costs and
other expenses necessary or
| ||||||
18 | incident to determining the feasibility or practicability | ||||||
19 | of any project,
together with such other expenses as
may | ||||||
20 | be necessary or incident to the financing, insuring, | ||||||
21 | acquisition, and
construction of a specific project
and | ||||||
22 | the placing of the same in operation.
| ||||||
23 | (Source: P.A. 98-750, eff. 1-1-15 .)
| ||||||
24 | (70 ILCS 518/20)
| ||||||
25 | Sec. 20. Creation.
|
| |||||||
| |||||||
1 | (a) There is created a political subdivision, body | ||||||
2 | politic, and municipal
corporation named the Southeastern
| ||||||
3 | Illinois Economic Development Authority. The territorial | ||||||
4 | jurisdiction of the
Authority is that geographic
area within | ||||||
5 | the boundaries of the following counties: Fayette, Cumberland, | ||||||
6 | Clark, Effingham, Jasper, Crawford, Marion, Clay, Richland, | ||||||
7 | Lawrence, Jefferson, Wayne, Edwards, Wabash, Hamilton, and | ||||||
8 | White; Irvington Township in Washington County; and any
| ||||||
9 | navigable waters and
air space located therein.
| ||||||
10 | (b) The governing and administrative powers of the | ||||||
11 | Authority shall be vested
in a body consisting of 27
members as | ||||||
12 | follows: | ||||||
13 | (1) Public members. Nine members shall be appointed by | ||||||
14 | the Governor
with the advice and
consent of the Senate. | ||||||
15 | The county board chairmen of the following counties shall | ||||||
16 | each appoint one member: Clark, Clay, Crawford, | ||||||
17 | Cumberland, Edwards, Effingham, Fayette, Hamilton, Jasper, | ||||||
18 | Jefferson, Lawrence, Marion, Richland, Wabash, Washington, | ||||||
19 | Wayne, and White. | ||||||
20 | (2) One member shall be appointed by the Director of | ||||||
21 | Commerce and Economic Opportunity. | ||||||
22 | All public members shall reside within
the territorial
| ||||||
23 | jurisdiction of the Authority.
The public members shall be | ||||||
24 | persons of recognized ability and experience in one
or more of | ||||||
25 | the following
areas: economic development, finance, banking, | ||||||
26 | industrial development, state or
local government, commercial |
| |||||||
| |||||||
1 | agriculture, small
business management, real
estate | ||||||
2 | development, community development, venture finance, organized | ||||||
3 | labor, or
civic or community
organization.
| ||||||
4 | (c) Fourteen members shall constitute a quorum , and the | ||||||
5 | Board may not meet or take any action without a quorum present .
| ||||||
6 | (d) The chairman of the Authority shall be elected | ||||||
7 | annually by the Board.
| ||||||
8 | (e) The terms of the initial members of the Authority | ||||||
9 | shall begin 30 days
after the effective date of this
Act. Of | ||||||
10 | the 10 original members appointed by the Governor and the | ||||||
11 | Director of Commerce and Economic Opportunity pursuant to | ||||||
12 | subsection (b), one shall serve until the third Monday in | ||||||
13 | January, 2005; one shall serve until the third Monday in | ||||||
14 | January, 2006; 2 shall serve until the third Monday in | ||||||
15 | January, 2007; 2 shall serve until the third Monday in | ||||||
16 | January, 2008; 2 shall serve until the third Monday in | ||||||
17 | January, 2009; and 2 shall serve until the third Monday in | ||||||
18 | January, 2010. The terms of the initial public members of the | ||||||
19 | Authority appointed by the county board chairmen shall begin | ||||||
20 | 30 days after the effective date of this amendatory Act of the | ||||||
21 | 97th General Assembly. The terms of the initial public members | ||||||
22 | appointed by the county board chairmen shall be determined by | ||||||
23 | lot, according to the following schedule: (i) 4 shall serve | ||||||
24 | until the third Monday in January, 2013, (ii) 4 shall serve | ||||||
25 | until the third Monday in January, 2014, (iii) 3 shall serve | ||||||
26 | until the third Monday in January, 2015, (iv) 3 shall serve |
| |||||||
| |||||||
1 | until the third Monday in January, 2016, and (v) 3 shall serve | ||||||
2 | until the third Monday in January, 2017. All successors to | ||||||
3 | these initial members shall be appointed by the original | ||||||
4 | appointing authority pursuant to subsection (b), and shall | ||||||
5 | hold office for a term of 3 years commencing the third Monday | ||||||
6 | in January of the year in which their term commences, except in | ||||||
7 | the case of an appointment to fill a vacancy. Vacancies | ||||||
8 | occurring among the members shall be filled for the
remainder | ||||||
9 | of the term. In case of
a vacancy in a Governor-appointed | ||||||
10 | membership when the Senate is not in session,
the Governor may | ||||||
11 | make a
temporary appointment until the next meeting of the | ||||||
12 | Senate when a person shall
be nominated to fill the
office and, | ||||||
13 | upon confirmation by the Senate, he or she shall hold office | ||||||
14 | during
the remainder of the term
and until a successor is | ||||||
15 | appointed and qualified. Members of the Authority are
not | ||||||
16 | entitled to
compensation for their services as members but are | ||||||
17 | entitled to reimbursement
for all necessary expenses
incurred | ||||||
18 | in connection with the performance of their duties as members.
| ||||||
19 | Members of the Board may participate in Board meetings by | ||||||
20 | teleconference or video conference.
| ||||||
21 | (f) The Governor may remove any public member of the | ||||||
22 | Authority appointed by the Governor, and the Director of | ||||||
23 | Commerce and Economic Opportunity may remove any member | ||||||
24 | appointed by the Director, in case of
incompetence, neglect of
| ||||||
25 | duty, or malfeasance in office. The chairman of a county | ||||||
26 | board, with the approval of a majority vote of the county |
| |||||||
| |||||||
1 | board, may remove any public member appointed by that chairman | ||||||
2 | in the case of incompetence, neglect of duty, or malfeasance | ||||||
3 | in office.
| ||||||
4 | (g) The Board shall appoint an Executive Director who | ||||||
5 | shall have a
background in finance, including
familiarity with | ||||||
6 | the legal and procedural requirements of issuing bonds, real
| ||||||
7 | estate, or economic
development and administration. The | ||||||
8 | Executive Director shall hold office at the
discretion of the | ||||||
9 | Board.
The Executive Director shall be the chief | ||||||
10 | administrative and operational
officer of the Authority, shall
| ||||||
11 | direct and supervise its administrative affairs and general | ||||||
12 | management, perform
such other duties as may
be prescribed | ||||||
13 | from time to time by the members, and receive compensation | ||||||
14 | fixed
by the Authority. The
Executive Director shall attend | ||||||
15 | all meetings of the Authority. However, no
action of the | ||||||
16 | Authority shall be
invalid on account of the absence of the | ||||||
17 | Executive Director from a meeting. The
Authority may engage
| ||||||
18 | the services of the Illinois Finance Authority, attorneys, | ||||||
19 | appraisers,
engineers, accountants, credit
analysts, and other | ||||||
20 | consultants, if the Southeastern Illinois Economic Development | ||||||
21 | Authority deems it advisable.
| ||||||
22 | (Source: P.A. 97-717, eff. 6-29-12.)
| ||||||
23 | (70 ILCS 518/26 new) | ||||||
24 | Sec. 26. Requests for assistance; disclosure of economic | ||||||
25 | interests. |
| |||||||
| |||||||
1 | (a) The Authority may not hear a request for assistance | ||||||
2 | from a restricted person. This prohibition extends to business | ||||||
3 | relationships between a person who is an Authority leader | ||||||
4 | within one year prior to the request for assistance and to any | ||||||
5 | entity in which a restricted person holds or, within the past 2 | ||||||
6 | years, held an ownership interest of 10% or more. | ||||||
7 | (b) An Authority leader shall disclose and recuse himself | ||||||
8 | or herself from matters relating to requests for assistance | ||||||
9 | from an entity that is relocating full-time employees from | ||||||
10 | another Authority's counties if (i) both Authorities contract | ||||||
11 | with or employ the same Authority leader or (ii) there is or, | ||||||
12 | within the past 2 years of the request, there was a business | ||||||
13 | relationship between the Authority leaders at the 2 | ||||||
14 | Authorities. | ||||||
15 | (c) The Board of the Authority shall vote to renew the | ||||||
16 | appointment of the Executive Director and other Authority | ||||||
17 | leaders on an annual basis. All contracts shall be approved on | ||||||
18 | an annual basis and use a public process to solicit | ||||||
19 | applications. This requirement does not apply to full-time | ||||||
20 | employees of the Authority unless otherwise required by | ||||||
21 | applicable State law or local ordinance. | ||||||
22 | (d) Each Authority leader shall submit a statement of | ||||||
23 | economic interest in accordance with Article 4A of the | ||||||
24 | Illinois Governmental Ethics Act. Additionally, each Authority | ||||||
25 | leader shall disclose to the Board outside sources of income | ||||||
26 | and any business relationships in economic development |
| |||||||
| |||||||
1 | consulting or lobbying. Reporting shall include the source of | ||||||
2 | income, services provided, and timeline of when services were | ||||||
3 | provided. If the source of income is a firm or organization | ||||||
4 | with multiple clients, the report shall list all of the | ||||||
5 | entities for which the individual provided services.
| ||||||
6 | (70 ILCS 518/27 new) | ||||||
7 | Sec. 27. Open meetings; record disclosure. | ||||||
8 | (a) The Authority is subject to the Open Meetings Act and | ||||||
9 | the Freedom of Information Act. Documents subject to the | ||||||
10 | Freedom of Information Act include, but are not limited to, | ||||||
11 | expenses,
payroll, origination bonuses, and other financial | ||||||
12 | details of the Authority. | ||||||
13 | (b) A contract or agreement entered into by the Authority | ||||||
14 | must be posted on the Authority's website. The Authority shall | ||||||
15 | provide a detailed report of the Authority's financial | ||||||
16 | information on the Authority's website, including, but not | ||||||
17 | limited to, a statement of profits and losses, balance sheet, | ||||||
18 | and income statement of the Authority.
| ||||||
19 | (70 ILCS 518/70) | ||||||
20 | Sec. 70. Reports ; commitment notice and audit .
| ||||||
21 | (a) The Authority shall annually submit a report of its
| ||||||
22 | finances to the Auditor General. The Authority shall annually | ||||||
23 | submit a report of its activities to the Governor
and to the | ||||||
24 | General Assembly.
|
| |||||||
| |||||||
1 | (b) (Blank).
| ||||||
2 | (c) The Authority shall provide notice to the General | ||||||
3 | Assembly, the Department of Commerce and Economic Opportunity, | ||||||
4 | and the Governor once the Authority enters into a commitment | ||||||
5 | to support the financing of a project. The notice to the | ||||||
6 | General Assembly shall be filed with the Clerk of the House of | ||||||
7 | Representatives and the Secretary of the Senate, in electronic | ||||||
8 | form only, in the manner that the Clerk and the Secretary shall | ||||||
9 | direct. | ||||||
10 | (Source: P.A. 98-750, eff. 1-1-15 .)
| ||||||
11 | Section 45. The Southern Illinois
Economic Development | ||||||
12 | Authority
Act is amended by changing Sections 5-15, 5-20, and | ||||||
13 | 5-75 and by adding Sections 5-26 and 5-27 as follows:
| ||||||
14 | (70 ILCS 519/5-15) | ||||||
15 | Sec. 5-15. Definitions. In this Act:
| ||||||
16 | "Authority" means the Southern Illinois Economic | ||||||
17 | Development Authority.
| ||||||
18 | "Authority leader" means the Executive Director, Assistant | ||||||
19 | Executive Director, or any other person serving in a | ||||||
20 | management, administrative, or leadership role at the | ||||||
21 | Authority. | ||||||
22 | "Governmental agency" means any federal, State, or local | ||||||
23 | governmental body
and any agency or
instrumentality thereof, | ||||||
24 | corporate or otherwise.
|
| |||||||
| |||||||
1 | "Person" means any natural person, firm, partnership, | ||||||
2 | corporation, both
domestic and foreign,
company, association | ||||||
3 | or joint stock association and includes any trustee,
receiver, | ||||||
4 | assignee or personal
representative thereof.
| ||||||
5 | "Restricted person" means a person who has a familial or | ||||||
6 | business relationship with an Authority leader. | ||||||
7 | "Revenue bond" means any bond issued by the Authority, the | ||||||
8 | principal and
interest of which is payable
solely from | ||||||
9 | revenues or income derived from any project or activity of the
| ||||||
10 | Authority.
| ||||||
11 | "Board" means the Board of Directors of the Southern | ||||||
12 | Illinois Economic
Development Authority.
| ||||||
13 | "Governor" means the Governor of the State of Illinois.
| ||||||
14 | "City" means any city, village, incorporated town, or | ||||||
15 | township within the
geographical territory of the
Authority.
| ||||||
16 | "Industrial project" means the following:
| ||||||
17 | (1) a capital project, including one or more buildings | ||||||
18 | and other
structures, improvements,
machinery and | ||||||
19 | equipment whether or not on the same site or sites now | ||||||
20 | existing
or hereafter acquired,
suitable for use by any | ||||||
21 | manufacturing, industrial, research, transportation or
| ||||||
22 | commercial enterprise
including but not limited to use as | ||||||
23 | a factory, mill, processing plant, assembly
plant, | ||||||
24 | packaging plant,
fabricating plant, ethanol plant, office | ||||||
25 | building, industrial distribution
center, warehouse,
| ||||||
26 | repair, overhaul or service
facility, freight terminal, |
| |||||||
| |||||||
1 | research facility, test facility, railroad
facility, port | ||||||
2 | facility, solid waste and wastewater
treatment and | ||||||
3 | disposal sites and other pollution control facilities, | ||||||
4 | resource
or waste reduction, recovery,
treatment and | ||||||
5 | disposal facilities, and including also the sites thereof | ||||||
6 | and
other rights in land therefore
whether improved or | ||||||
7 | unimproved, site preparation and landscaping and all
| ||||||
8 | appurtenances and facilities
incidental thereto such as | ||||||
9 | utilities, access roads, railroad sidings, truck
docking | ||||||
10 | and similar facilities,
parking facilities, dockage, | ||||||
11 | wharfage, railroad roadbed, track, trestle, depot,
| ||||||
12 | terminal, switching and
signaling equipment or related | ||||||
13 | equipment and other improvements necessary or
convenient | ||||||
14 | thereto; or
| ||||||
15 | (2) any land, buildings, machinery or equipment | ||||||
16 | comprising an addition to or
renovation,
rehabilitation or | ||||||
17 | improvement of any existing capital project.
| ||||||
18 | "Housing project" or "residential project" includes a | ||||||
19 | specific work or improvement undertaken to provide dwelling | ||||||
20 | accommodations, including the acquisition, construction or | ||||||
21 | rehabilitation of lands, buildings and community facilities | ||||||
22 | and in connection therewith to provide nonhousing facilities | ||||||
23 | which are an integral part of a planned large-scale project or | ||||||
24 | new community. | ||||||
25 | "Commercial project" means any project, including, but not | ||||||
26 | limited to, one or
more buildings and other
structures, |
| |||||||
| |||||||
1 | improvements, machinery, and equipment, whether or not on the | ||||||
2 | same
site or sites now existing
or hereafter acquired, | ||||||
3 | suitable for use by any retail or wholesale concern,
| ||||||
4 | distributorship, or agency.
| ||||||
5 | "Project" means an industrial, housing, residential, | ||||||
6 | commercial, or service
project, or any combination
thereof, | ||||||
7 | provided that all uses fall within one of the categories | ||||||
8 | described
above. Any project automatically
includes all site | ||||||
9 | improvements and new construction involving sidewalks,
sewers, | ||||||
10 | solid waste and
wastewater treatment and disposal sites and | ||||||
11 | other pollution control facilities,
resource or waste | ||||||
12 | reduction,
recovery, treatment and disposal facilities, parks, | ||||||
13 | open spaces, wildlife
sanctuaries, streets, highways, and
| ||||||
14 | runways.
| ||||||
15 | "Lease agreement" means an agreement in which a project | ||||||
16 | acquired by the
Authority by purchase, gift,
or lease is | ||||||
17 | leased to any person or corporation that will use, or cause the
| ||||||
18 | project to be used, as a project,
upon terms providing for | ||||||
19 | lease rental payments at least sufficient to pay, when due, | ||||||
20 | all principal of and
interest and premium, if any, on any | ||||||
21 | bonds, notes, or other evidences of indebtedness of the | ||||||
22 | Authority,
issued with respect to the project, providing for | ||||||
23 | the maintenance, insurance, and operation of the project on
| ||||||
24 | terms satisfactory to the Authority and providing for | ||||||
25 | disposition of the project upon termination of the lease
term, | ||||||
26 | including purchase options or abandonment of the premises, |
| |||||||
| |||||||
1 | with other terms as may be deemed
desirable by the Authority.
| ||||||
2 | "Loan agreement" means any agreement in which the | ||||||
3 | Authority agrees to loan
the proceeds of its bonds,
notes, or | ||||||
4 | other evidences of indebtedness, issued with respect to a | ||||||
5 | project, to
any person or corporation
which will use or cause | ||||||
6 | the project to be used as a project, upon terms
providing for | ||||||
7 | loan repayment
installments at least sufficient to pay, when | ||||||
8 | due, all principal of and
interest and premium, if any, on any
| ||||||
9 | bonds, notes, or other evidences of indebtedness of the | ||||||
10 | Authority issued with
respect to the project,
providing for | ||||||
11 | maintenance, insurance, and operation of the project on terms
| ||||||
12 | satisfactory to the Authority
and providing for other terms | ||||||
13 | deemed advisable by the Authority.
| ||||||
14 | "Financial aid" means the expenditure of Authority funds | ||||||
15 | or funds provided by
the Authority for the
development, | ||||||
16 | construction, acquisition or improvement of a project, through | ||||||
17 | the
issuance of revenue bonds,
notes, or other evidences of | ||||||
18 | indebtedness.
| ||||||
19 | "Costs incurred in connection with
the development, | ||||||
20 | construction, acquisition or improvement of a
project" means | ||||||
21 | the following:
| ||||||
22 | (1) the cost of purchase and construction of all lands | ||||||
23 | and improvements in
connection therewith and
equipment and | ||||||
24 | other property, rights, easements, and franchises acquired | ||||||
25 | which
are deemed necessary for
the construction;
| ||||||
26 | (2) financing charges;
|
| |||||||
| |||||||
1 | (3) interest costs with respect to bonds, notes, and | ||||||
2 | other evidences of
indebtedness of the Authority
prior to | ||||||
3 | and during construction and for a period of 6 months | ||||||
4 | thereafter;
| ||||||
5 | (4) engineering and legal expenses; and
| ||||||
6 | (5) the costs of plans, specifications, surveys, and | ||||||
7 | estimates of costs and
other expenses necessary or
| ||||||
8 | incident to determining the feasibility or practicability | ||||||
9 | of any project,
together with such other expenses as
may | ||||||
10 | be necessary or incident to the financing, insuring, | ||||||
11 | acquisition, and
construction of a specific project
and | ||||||
12 | the placing of the same in operation.
| ||||||
13 | (Source: P.A. 98-750, eff. 1-1-15 .)
| ||||||
14 | (70 ILCS 519/5-20)
| ||||||
15 | Sec. 5-20. Creation.
| ||||||
16 | (a) There is created a political subdivision, body | ||||||
17 | politic, and municipal
corporation named the Southern
Illinois | ||||||
18 | Economic Development Authority. The territorial jurisdiction | ||||||
19 | of the
Authority is that geographic
area within the boundaries | ||||||
20 | of the following counties: Franklin, Perry, Randolph, Jackson, | ||||||
21 | Williamson, Saline, Gallatin, Union, Johnson, Pope, Hardin, | ||||||
22 | Alexander, Pulaski, and Massac and any
navigable waters and
| ||||||
23 | air space located therein.
| ||||||
24 | (b) The governing and administrative powers of the | ||||||
25 | Authority shall be vested
in a body consisting of 21
members as |
| |||||||
| |||||||
1 | follows:
| ||||||
2 | (1) Ex officio member. The Director of Commerce and
| ||||||
3 | Economic Opportunity, or
a designee of that Department, | ||||||
4 | shall serve as an ex officio member.
| ||||||
5 | (2) Public members. Six members shall be appointed by | ||||||
6 | the Governor with the advice and
consent of the Senate. | ||||||
7 | The county board chairmen of the following counties
shall | ||||||
8 | each appoint one
member: Franklin, Perry, Randolph, | ||||||
9 | Jackson, Williamson, Saline, Gallatin, Union, Johnson, | ||||||
10 | Pope, Hardin, Alexander, Pulaski, and Massac. All public | ||||||
11 | members shall reside within
the territorial
jurisdiction | ||||||
12 | of the Authority.
The public members shall be persons of | ||||||
13 | recognized ability and experience in one
or more of the | ||||||
14 | following
areas: economic development, finance, banking, | ||||||
15 | industrial development, state or
local government, | ||||||
16 | commercial agriculture, small
business management, real
| ||||||
17 | estate development, community development, venture | ||||||
18 | finance, organized labor, or
civic or community
| ||||||
19 | organization.
| ||||||
20 | (c) 11 members shall constitute a quorum , and the Board | ||||||
21 | may not meet or take any action without a quorum present .
| ||||||
22 | (d) The chairman of the Authority shall be elected | ||||||
23 | annually by the Board and must be a public member that resides | ||||||
24 | within the territorial jurisdiction of the Authority.
| ||||||
25 | (e) The terms of all initial members of the Authority | ||||||
26 | shall begin 30 days
after the effective date of this
Act.
Of |
| |||||||
| |||||||
1 | the 6 original public members appointed by the Governor, 2
| ||||||
2 | shall serve until the third Monday in January, 2007; 1 shall | ||||||
3 | serve until the
third Monday in January, 2008; 1 shall serve | ||||||
4 | until the third Monday in January,
2009; 1 shall serve until | ||||||
5 | the third Monday in January, 2010; and 1 shall serve
until the | ||||||
6 | third Monday in January, 2011. The initial terms of the | ||||||
7 | original public members appointed by the county board chairmen | ||||||
8 | shall be determined by lot, according to the following | ||||||
9 | schedule: (i) 3 shall serve until the third Monday in January, | ||||||
10 | 2007, (ii) 3 shall serve until the third Monday in January, | ||||||
11 | 2008, (iii) 3 shall serve until the third Monday in January, | ||||||
12 | 2009, (iv) 3 shall serve until the third Monday in January, | ||||||
13 | 2010, and (v) 2 shall serve until the third Monday in January, | ||||||
14 | 2011. All successors to these original
public
members shall be | ||||||
15 | appointed by the original appointing authority and all | ||||||
16 | appointments made by the Governor shall be made with the | ||||||
17 | advice and consent of the Senate, pursuant to subsection (b), | ||||||
18 | and shall hold office for a term of 6 years
commencing the | ||||||
19 | third Monday in January of the year in which their term
| ||||||
20 | commences, except in the case of an appointment to fill a | ||||||
21 | vacancy.
Vacancies occurring among the public members shall be | ||||||
22 | filled for the
remainder of the term. In case of
vacancy in a | ||||||
23 | Governor-appointed membership when the Senate is not in | ||||||
24 | session,
the Governor may make a
temporary appointment until | ||||||
25 | the next meeting of the Senate when a person shall
be nominated | ||||||
26 | to fill the
office and, upon confirmation by the Senate, he or |
| |||||||
| |||||||
1 | she shall hold office during
the remainder of the term
and | ||||||
2 | until a successor is appointed and qualified. Members of the | ||||||
3 | Authority are
not entitled to
compensation for their services | ||||||
4 | as members but are entitled to reimbursement
for all necessary | ||||||
5 | expenses
incurred in connection with the performance of their | ||||||
6 | duties as members.
| ||||||
7 | (f) The Governor may remove any public member of the | ||||||
8 | Authority in case of
incompetence, neglect of
duty, or | ||||||
9 | malfeasance in office. The chairman of a county board may | ||||||
10 | remove any
public member appointed
by that chairman in the | ||||||
11 | case of incompetence, neglect of duty, or malfeasance
in | ||||||
12 | office.
| ||||||
13 | (g) The Board shall appoint an Executive Director who | ||||||
14 | shall have a
background in finance, including
familiarity with | ||||||
15 | the legal and procedural requirements of issuing bonds, real
| ||||||
16 | estate, or economic
development and administration. The | ||||||
17 | Executive Director shall hold office at the
discretion of the | ||||||
18 | Board.
The Executive Director shall be the chief | ||||||
19 | administrative and operational
officer of the Authority, shall
| ||||||
20 | direct and supervise its administrative affairs and general | ||||||
21 | management, perform
such other duties as may
be prescribed | ||||||
22 | from time to time by the members, and receive compensation | ||||||
23 | fixed
by the Authority. The Department of Commerce and | ||||||
24 | Community Affairs shall pay
the compensation of the Executive | ||||||
25 | Director from appropriations received for
that purpose. The
| ||||||
26 | Executive Director shall attend all meetings of the Authority. |
| |||||||
| |||||||
1 | However, no
action of the Authority shall be
invalid on | ||||||
2 | account of the absence of the Executive Director from a | ||||||
3 | meeting. The
Authority may engage
the services of
the Illinois | ||||||
4 | Finance Authority, attorneys, appraisers, engineers, | ||||||
5 | accountants,
credit analysts, and other consultants if the | ||||||
6 | Southern Illinois Economic
Development Authority deems it | ||||||
7 | advisable.
| ||||||
8 | (Source: P.A. 94-1021, eff. 7-12-06.)
| ||||||
9 | (70 ILCS 519/5-26 new) | ||||||
10 | Sec. 5-26. Requests for assistance; disclosure of economic | ||||||
11 | interests. | ||||||
12 | (a) The Authority may not hear a request for assistance | ||||||
13 | from a restricted person. This prohibition extends to business | ||||||
14 | relationships between a person who is an Authority leader | ||||||
15 | within one year prior to the request for assistance and to any | ||||||
16 | entity in which a restricted person holds or, within the past 2 | ||||||
17 | years, held an ownership interest of 10% or more. | ||||||
18 | (b) An Authority leader shall disclose and recuse himself | ||||||
19 | or herself from matters relating to requests for assistance | ||||||
20 | from an entity that is relocating full-time employees from | ||||||
21 | another Authority's counties if (i) both Authorities contract | ||||||
22 | with or employ the same Authority leader or (ii) there is or, | ||||||
23 | within the past 2 years of the request, there was a business | ||||||
24 | relationship between the Authority leaders at the 2 | ||||||
25 | Authorities. |
| |||||||
| |||||||
1 | (c) The Board of the Authority shall vote to renew the | ||||||
2 | appointment of the Executive Director and other Authority | ||||||
3 | leaders on an annual basis. All contracts shall be approved on | ||||||
4 | an annual basis and use a public process to solicit | ||||||
5 | applications. This requirement does not apply to full-time | ||||||
6 | employees of the Authority unless otherwise required by | ||||||
7 | applicable State law or local ordinance. | ||||||
8 | (d) Each Authority leader shall submit a statement of | ||||||
9 | economic interest in accordance with Article 4A of the | ||||||
10 | Illinois Governmental Ethics Act. Additionally, each Authority | ||||||
11 | leader shall disclose to the Board outside sources of income | ||||||
12 | and any business relationships in economic development | ||||||
13 | consulting or lobbying. Reporting shall include the source of | ||||||
14 | income, services provided, and timeline of when services were | ||||||
15 | provided. If the source of income is a firm or organization | ||||||
16 | with multiple clients, the report shall list all of the | ||||||
17 | entities for which the individual provided services.
| ||||||
18 | (70 ILCS 519/5-27 new) | ||||||
19 | Sec. 5-27. Open meetings; record disclosure. | ||||||
20 | (a) The Authority is subject to the Open Meetings Act and | ||||||
21 | the Freedom of Information Act. Documents subject to the | ||||||
22 | Freedom of Information Act include, but are not limited to, | ||||||
23 | expenses,
payroll, origination bonuses, and other financial | ||||||
24 | details of the Authority. | ||||||
25 | (b) A contract or agreement entered into by the Authority |
| |||||||
| |||||||
1 | must be posted on the Authority's website. The Authority shall | ||||||
2 | provide a detailed report of the Authority's financial | ||||||
3 | information on the Authority's website, including, but not | ||||||
4 | limited to, a statement of profits and losses, balance sheet, | ||||||
5 | and income statement of the Authority.
| ||||||
6 | (70 ILCS 519/5-75)
| ||||||
7 | Sec. 5-75. Reports ; commitment notice . The Authority shall | ||||||
8 | annually submit a report of its
finances to the Auditor | ||||||
9 | General.
The Authority shall annually submit a report of its | ||||||
10 | activities to the Governor
and to the General Assembly.
| ||||||
11 | The Authority shall provide notice to the General | ||||||
12 | Assembly, the Department of Commerce and Economic Opportunity, | ||||||
13 | and the Governor once the Authority enters into a commitment | ||||||
14 | to support the financing of a project. The notice to the | ||||||
15 | General Assembly shall be filed with the Clerk of the House of | ||||||
16 | Representatives and the Secretary of the Senate, in electronic | ||||||
17 | form only, in the manner that the Clerk and the Secretary shall | ||||||
18 | direct. | ||||||
19 | (Source: P.A. 94-1021, eff. 7-12-06.)
| ||||||
20 | Section 50. The Southwestern Illinois Development | ||||||
21 | Authority Act is amended by changing Sections 3, 4, 5, 8, and | ||||||
22 | 11.1 and by adding Sections 5.1 and 6.1 as follows:
| ||||||
23 | (70 ILCS 520/3) (from Ch. 85, par. 6153)
|
| |||||||
| |||||||
1 | Sec. 3. The following terms, whenever used or referred to | ||||||
2 | in this
Act, shall have the following meanings, except in such | ||||||
3 | instances where the
context may clearly indicate otherwise:
| ||||||
4 | (a) "Authority" means the Southwestern Illinois | ||||||
5 | Development Authority
created by this Act.
| ||||||
6 | (a-5) "Authority leader" means the Executive Director, | ||||||
7 | Assistant Executive Director, or any other person serving in a | ||||||
8 | management, administrative, or leadership role at the | ||||||
9 | Authority. | ||||||
10 | (b) "Governmental agency" means any federal, State or | ||||||
11 | local governmental
body, and any agency or instrumentality | ||||||
12 | thereof, corporate or otherwise.
| ||||||
13 | (c) "Person" means any natural person, firm, partnership, | ||||||
14 | corporation,
both domestic and foreign, company, association | ||||||
15 | or joint stock association
and includes any trustee, receiver, | ||||||
16 | assignee or personal representative thereof.
| ||||||
17 | (c-5) "Restricted person" means a person who has a | ||||||
18 | familial or business relationship with an Authority leader. | ||||||
19 | (d) "Revenue bond" means any bond issued by the Authority | ||||||
20 | the principal
and interest of which is payable solely from | ||||||
21 | revenues or income
derived from any project or activity of the | ||||||
22 | Authority.
| ||||||
23 | (e) "Board" means the Southwestern Illinois Development | ||||||
24 | Authority Board of Directors.
| ||||||
25 | (f) "Governor" means the Governor of the State of | ||||||
26 | Illinois.
|
| |||||||
| |||||||
1 | (g) "City" means any city, village, incorporated town or | ||||||
2 | township
within the geographical territory of the Authority.
| ||||||
3 | (h) "Industrial project" means (1) a capital project, | ||||||
4 | including one or
more buildings and other structures, | ||||||
5 | improvements, machinery and equipment
whether or not on the | ||||||
6 | same site or sites now existing or hereafter
acquired, | ||||||
7 | suitable for use by any manufacturing, industrial, research,
| ||||||
8 | transportation or commercial enterprise including but not | ||||||
9 | limited to use
as a factory, mill, processing plant, assembly | ||||||
10 | plant, packaging plant,
fabricating plant, office building, | ||||||
11 | industrial distribution center,
warehouse, repair, overhaul or | ||||||
12 | service facility, freight terminal, research
facility, test | ||||||
13 | facility, railroad facility, solid waste and wastewater
| ||||||
14 | treatment and disposal sites and other pollution control | ||||||
15 | facilities,
resource or waste reduction, recovery, treatment | ||||||
16 | and disposal facilities,
and including also the sites thereof | ||||||
17 | and other rights in land therefor
whether improved or | ||||||
18 | unimproved, site preparation and landscaping and all
| ||||||
19 | appurtenances and facilities incidental thereto such as | ||||||
20 | utilities, access
roads, railroad sidings, truck docking and | ||||||
21 | similar facilities, parking
facilities, dockage, wharfage, | ||||||
22 | railroad roadbed, track, trestle, depot,
terminal, switching | ||||||
23 | and signaling equipment or related equipment and other
| ||||||
24 | improvements necessary or convenient thereto; or (2) any land, | ||||||
25 | buildings,
machinery or equipment comprising an addition to or | ||||||
26 | renovation,
rehabilitation or improvement of any existing |
| |||||||
| |||||||
1 | capital project.
| ||||||
2 | (i) "Housing project" or "residential project" includes a | ||||||
3 | specific work
or improvement undertaken to provide dwelling | ||||||
4 | accommodations, including the
acquisition, construction or | ||||||
5 | rehabilitation of lands, buildings and
community facilities | ||||||
6 | and in connection therewith to provide nonhousing
facilities | ||||||
7 | which are an integral part of a planned large-scale project or | ||||||
8 | new community.
| ||||||
9 | (j) "Commercial project" means any project, including but | ||||||
10 | not limited to
one or more buildings and other structures, | ||||||
11 | improvements, machinery and
equipment whether or not on the | ||||||
12 | same site or sites now existing or
hereafter acquired, | ||||||
13 | suitable for use by any retail or wholesale concern,
| ||||||
14 | distributorship or agency, any cultural facilities of a | ||||||
15 | for-profit or
not-for-profit type including but not limited to | ||||||
16 | educational, theatrical,
recreational and
entertainment, | ||||||
17 | sports facilities, racetracks, stadiums, convention centers,
| ||||||
18 | exhibition halls, arenas, opera houses and theaters, | ||||||
19 | waterfront
improvements, swimming pools, boat storage, | ||||||
20 | moorage, docking facilities,
restaurants, velodromes, | ||||||
21 | coliseums, sports training facilities,
parking facilities, | ||||||
22 | terminals, hotels and motels, gymnasiums, medical
facilities | ||||||
23 | and port facilities.
| ||||||
24 | (k) "Unit of local government" means a unit of local | ||||||
25 | government, as
defined in Section 1 of Article VII of the | ||||||
26 | Illinois Constitution, and any
local public entity as that |
| |||||||
| |||||||
1 | term is defined in the Local Governmental and
Governmental | ||||||
2 | Employees Tort Immunity Act
and such unit of local government | ||||||
3 | or local public entity is located
within the geographical | ||||||
4 | territory of the Authority or, for the purposes of the Flood | ||||||
5 | Prevention District Act, is located within Monroe County, | ||||||
6 | Illinois.
| ||||||
7 | (l) "Local government project" means a project or other | ||||||
8 | undertaking that
is authorized or required by law to be | ||||||
9 | acquired, constructed,
reconstructed, equipped, improved, | ||||||
10 | rehabilitated, replaced, maintained, or
otherwise undertaken | ||||||
11 | in any manner by a unit of local government.
| ||||||
12 | (m) "Local government security" means a bond, note, or | ||||||
13 | other evidence of
indebtedness that a unit of local government | ||||||
14 | is legally authorized to issue
for the purpose of financing a | ||||||
15 | public purpose project or to issue for any
other lawful public | ||||||
16 | purpose under any provision of the Illinois
Constitution or | ||||||
17 | laws of this State, whether the obligation is payable from
| ||||||
18 | taxes or revenues, rates, charges, assessments, | ||||||
19 | appropriations, grants, or
any other lawful source or | ||||||
20 | combination thereof, and specifically includes,
without | ||||||
21 | limitation, obligations under any lease or lease purchase | ||||||
22 | agreement
lawfully entered into by the unit of local
| ||||||
23 | government for the acquisition or use of facilities or | ||||||
24 | equipment.
| ||||||
25 | (n) "Project" means an industrial, housing, residential,
| ||||||
26 | commercial, local government, or
service project or any |
| |||||||
| |||||||
1 | combination thereof provided that all uses shall
fall within | ||||||
2 | one of the categories described above. Any project, of any
| ||||||
3 | nature whatsoever, shall automatically include all site | ||||||
4 | improvements and
new construction involving sidewalks, sewers, | ||||||
5 | solid waste and wastewater
treatment and disposal sites and | ||||||
6 | other pollution control facilities,
resource or waste | ||||||
7 | reduction, recovery, treatment and disposal facilities,
parks, | ||||||
8 | open spaces, wildlife sanctuaries, streets, highways and | ||||||
9 | runways.
| ||||||
10 | (o) "Lease agreement" shall mean an agreement whereby
a | ||||||
11 | project acquired
by the Authority by purchase, gift or lease | ||||||
12 | is leased to any person or
corporation which will use or cause | ||||||
13 | the project to be used as a project as
heretofore defined upon | ||||||
14 | terms providing for lease rental payments at least
sufficient | ||||||
15 | to pay when due all principal of and interest and premium, if | ||||||
16 | any,
on any bonds, notes or other evidences of indebtedness of | ||||||
17 | the Authority
issued with respect to such project, providing | ||||||
18 | for the maintenance,
insurance and operation of the project on | ||||||
19 | terms satisfactory to the
Authority and providing for | ||||||
20 | disposition of the project upon termination of
the lease term, | ||||||
21 | including purchase options or abandonment of the premises,
| ||||||
22 | with such other terms as may be deemed desirable by the | ||||||
23 | Authority.
| ||||||
24 | (p) "Loan agreement" means any agreement pursuant to which | ||||||
25 | the Authority
agrees to loan the proceeds of its bonds, notes | ||||||
26 | or other evidences of
indebtedness issued with respect to a |
| |||||||
| |||||||
1 | project to any person or corporation
which will use or cause | ||||||
2 | the project to be used as a project as heretofore
defined upon | ||||||
3 | terms providing for loan repayment installments at least
| ||||||
4 | sufficient to pay when due all principal of and interest and | ||||||
5 | premium, if any,
on any bonds, notes or other evidences of | ||||||
6 | indebtedness of the Authority
issued with respect to the | ||||||
7 | project, providing for maintenance,
insurance and operation of | ||||||
8 | the project on terms satisfactory to the
Authority and | ||||||
9 | providing for other matters as may be deemed advisable by the | ||||||
10 | Authority.
| ||||||
11 | (q) "Financial aid" means the expenditure of Authority | ||||||
12 | funds or funds
provided by the Authority through the issuance | ||||||
13 | of its revenue bonds, notes
or other evidences of indebtedness | ||||||
14 | for the development, construction,
acquisition or improvement | ||||||
15 | of a project.
| ||||||
16 | (r) "Costs incurred in connection with the development, | ||||||
17 | construction,
acquisition or improvement of a project" means | ||||||
18 | the following: the cost of
purchase and construction of all | ||||||
19 | lands and improvements in connection
therewith and equipment | ||||||
20 | and other property, rights, easements and franchises
acquired | ||||||
21 | which are deemed necessary for such construction; financing
| ||||||
22 | charges; interest costs with respect to bonds, notes and other | ||||||
23 | evidences of
indebtedness of the Authority prior to and during | ||||||
24 | construction and for a
period of 6 months thereafter; | ||||||
25 | engineering and legal expenses; the costs of plans,
| ||||||
26 | specifications, surveys and estimates of costs and other |
| |||||||
| |||||||
1 | expenses necessary or
incident to determining the feasibility | ||||||
2 | or practicability of any project,
together with such other | ||||||
3 | expenses as may be necessary or incident to the
financing, | ||||||
4 | insuring, acquisition and construction of a specific project | ||||||
5 | and
the placing of the same in operation.
| ||||||
6 | (s) "Terminal" means a public place, station or depot for | ||||||
7 | receiving and
delivering passengers, baggage, mail, freight or | ||||||
8 | express matter and any
combination thereof in connection with | ||||||
9 | the transportation of
persons and property on water or land or | ||||||
10 | in the air.
| ||||||
11 | (t) "Terminal facilities" means all land, buildings, | ||||||
12 | structures,
improvements, equipment and appliances useful in | ||||||
13 | the operation of public
warehouse, storage and transportation | ||||||
14 | facilities and industrial,
manufacturing or commercial | ||||||
15 | activities for the accommodation of or in
connection with | ||||||
16 | commerce by water or land or in the air or useful as an
aid, or | ||||||
17 | constituting an advantage or convenience to, the safe landing,
| ||||||
18 | taking off and navigation of aircraft or the safe and | ||||||
19 | efficient operation
or maintenance of a public airport.
| ||||||
20 | (u) "Port facilities" means all public structures, except | ||||||
21 | terminal
facilities as defined herein, that are in, over, | ||||||
22 | under or adjacent to
navigable waters and are necessary for or | ||||||
23 | incident to the furtherance of
water commerce and includes the | ||||||
24 | widening and deepening of slips, harbors
and navigable waters.
| ||||||
25 | (v) "Airport" means any locality, either land or water, | ||||||
26 | which is used or
designed for the landing and taking off of |
| |||||||
| |||||||
1 | aircraft or for the location of
runways, landing fields, | ||||||
2 | aerodromes, hangars, buildings, structures,
airport roadways | ||||||
3 | and other facilities.
| ||||||
4 | (Source: P.A. 95-723, eff. 6-23-08.)
| ||||||
5 | (70 ILCS 520/4) (from Ch. 85, par. 6154)
| ||||||
6 | Sec. 4. (a) There is hereby created a political | ||||||
7 | subdivision, body politic
and municipal corporation named the | ||||||
8 | Southwestern Illinois Development
Authority.
The territorial | ||||||
9 | jurisdiction of the Authority is that geographic area
within | ||||||
10 | the boundaries of Madison,
St. Clair, Bond, and Clinton , and | ||||||
11 | Monroe
counties in the State of
Illinois and any navigable | ||||||
12 | waters and air space located therein.
| ||||||
13 | (b) The governing and administrative powers of the | ||||||
14 | Authority shall be
vested in a body consisting of 15 voting 14
| ||||||
15 | members including, as ex officio
members,
the Director of | ||||||
16 | Commerce and Economic Opportunity, or his or her
designee, and | ||||||
17 | the Secretary of Transportation,
or his or her designee.
The | ||||||
18 | other 13 voting 12
members of the Authority
shall be | ||||||
19 | designated "public members", 6 of whom shall be appointed by | ||||||
20 | the
Governor
with the advice and consent of the Senate, 2 of | ||||||
21 | whom shall be appointed by
the county board chairman of | ||||||
22 | Madison County,
2 of whom shall be
appointed by the county | ||||||
23 | board chairman of St. Clair County, one of whom
shall be | ||||||
24 | appointed by the county board chairman of Bond County, and one | ||||||
25 | of whom
shall be appointed by the county board chairman of |
| |||||||
| |||||||
1 | Clinton County , and one of whom shall be appointed by the | ||||||
2 | county board chairman of Monroe County . All
public members | ||||||
3 | shall reside within the territorial jurisdiction of this Act.
| ||||||
4 | Eight voting members shall constitute a quorum , and the Board | ||||||
5 | may not meet or take any action without a quorum present .
The | ||||||
6 | public members shall be
persons of recognized ability and
| ||||||
7 | experience in one or more of the following areas: economic | ||||||
8 | development,
finance, banking, industrial development, small | ||||||
9 | business management, real
estate development, community | ||||||
10 | development, venture finance, organized labor
or civic, | ||||||
11 | community or neighborhood organization. The Chairman of the
| ||||||
12 | Authority shall be elected by the Board annually from the | ||||||
13 | voting members
appointed by the county board chairmen .
| ||||||
14 | (c) Except as otherwise provided in this subsection, the | ||||||
15 | The terms of all members of the Authority shall begin 30 days | ||||||
16 | after
the effective date of this Act. Of the 8 public members
| ||||||
17 | initially appointed pursuant to this Act, 3 shall serve until | ||||||
18 | the
third Monday in January, 1988, 3 shall serve until the | ||||||
19 | third Monday in
January, 1989, and 2
shall serve until the | ||||||
20 | third Monday in January, 1990.
The public members initially | ||||||
21 | appointed under this amendatory Act of the 94th General | ||||||
22 | Assembly shall serve until the third Monday in January, 2008. | ||||||
23 | The member initially appointed pursuant to this amendatory Act | ||||||
24 | of the 103rd General Assembly by the county board chairman of | ||||||
25 | Monroe County shall serve until the third Monday in January | ||||||
26 | 2026. All successors shall be appointed by the original |
| |||||||
| |||||||
1 | appointing authority and
hold office for a term of 3 years | ||||||
2 | commencing the third
Monday in January of the year in which | ||||||
3 | their term commences, except in case
of an appointment to fill | ||||||
4 | a vacancy.
Vacancies
occurring among the public members shall | ||||||
5 | be filled for the
remainder of the term.
In case of vacancy in | ||||||
6 | a Governor-appointed membership when
the Senate is not in | ||||||
7 | session, the Governor may make a temporary appointment
until | ||||||
8 | the next meeting of the Senate when a person shall be nominated | ||||||
9 | to
fill such office, and any person so nominated who is | ||||||
10 | confirmed by the
Senate shall hold office during the remainder | ||||||
11 | of the term and until a
successor shall be appointed and | ||||||
12 | qualified.
Members of the Authority shall not be entitled to | ||||||
13 | compensation for their services
as members but shall be | ||||||
14 | entitled to reimbursement for all necessary
expenses incurred | ||||||
15 | in connection with the performance of their duties as members.
| ||||||
16 | (d) The Governor may remove any public member of the | ||||||
17 | Authority in case
of incompetency, neglect of duty, or | ||||||
18 | malfeasance in office.
| ||||||
19 | (e) The Board shall appoint an Executive Director who | ||||||
20 | shall have a
background in finance, including familiarity with | ||||||
21 | the legal and
procedural requirements of issuing bonds, real | ||||||
22 | estate or economic
development and administration. The | ||||||
23 | Executive Director shall hold office
at the discretion of the | ||||||
24 | Board. The Executive Director shall be the chief
| ||||||
25 | administrative and operational officer of the Authority, shall | ||||||
26 | direct
and supervise its administrative affairs and general |
| |||||||
| |||||||
1 | management, shall perform
such other duties as may be | ||||||
2 | prescribed from time to time by the members and
shall receive | ||||||
3 | compensation fixed by the Authority. The Executive Director
| ||||||
4 | shall attend all meetings of the Authority; however, no action | ||||||
5 | of the
Authority shall be invalid on account of the absence of | ||||||
6 | the Executive
Director from a meeting. The Authority may | ||||||
7 | engage the services of such
other agents and employees, | ||||||
8 | including attorneys, appraisers, engineers,
accountants, | ||||||
9 | credit analysts and other consultants, as it may deem
| ||||||
10 | advisable and may prescribe their duties and fix their | ||||||
11 | compensation.
| ||||||
12 | (f) The Board may, by majority vote, nominate up to 4 | ||||||
13 | non-voting members
for appointment by the Governor. Non-voting | ||||||
14 | members shall be persons of
recognized ability and experience | ||||||
15 | in one or more of the following areas:
economic development, | ||||||
16 | finance, banking, industrial development, small
business | ||||||
17 | management, real estate development, community development, | ||||||
18 | venture finance,
organized labor , or civic, community , or | ||||||
19 | neighborhood organization.
Non-voting members shall serve at | ||||||
20 | the
pleasure of the Board. All non-voting members may attend | ||||||
21 | meetings of the
Board and shall be reimbursed as provided in | ||||||
22 | subsection (c).
| ||||||
23 | (g) The Board shall create a task force to study and make
| ||||||
24 | recommendations to the Board on the economic development of | ||||||
25 | the city of
East St. Louis and on the economic development of | ||||||
26 | the riverfront within the
territorial jurisdiction of this |
| |||||||
| |||||||
1 | Act. The members of the task force shall
reside within the | ||||||
2 | territorial jurisdiction of this Act, shall serve at the
| ||||||
3 | pleasure of the Board and shall be persons of recognized | ||||||
4 | ability and
experience in one or more of the following areas: | ||||||
5 | economic development,
finance, banking, industrial | ||||||
6 | development, small business management, real
estate | ||||||
7 | development, community development, venture finance, organized | ||||||
8 | labor
or civic, community or neighborhood organization. The | ||||||
9 | number of members
constituting the task force shall be set by | ||||||
10 | the Board and may vary from
time to time. The Board may set a | ||||||
11 | specific date by which the task force is
to submit its final | ||||||
12 | report and recommendations to the Board.
| ||||||
13 | (Source: P.A. 96-443, eff. 8-14-09.)
| ||||||
14 | (70 ILCS 520/5) (from Ch. 85, par. 6155)
| ||||||
15 | Sec. 5. All official acts of the Authority shall require | ||||||
16 | the approval
of at least 8 voting members. It shall be the duty | ||||||
17 | of the Authority to promote
development within the geographic | ||||||
18 | confines of Madison, Bond, Clinton, and St. Clair , and Monroe
| ||||||
19 | counties. The Authority shall use the powers herein
conferred | ||||||
20 | upon it to assist in the development, construction and
| ||||||
21 | acquisition of industrial, commercial, housing or residential | ||||||
22 | projects
within Madison, Bond, Clinton, and St. Clair , and | ||||||
23 | Monroe counties.
| ||||||
24 | (Source: P.A. 94-1096, eff. 6-1-07 .)
|
| |||||||
| |||||||
1 | (70 ILCS 520/5.1 new) | ||||||
2 | Sec. 5.1. Open meetings; record disclosure. | ||||||
3 | (a) The Authority is subject to the Open Meetings Act and | ||||||
4 | the Freedom of Information Act. Documents subject to the | ||||||
5 | Freedom of Information Act include, but are not limited to, | ||||||
6 | expenses,
payroll, origination bonuses, and other financial | ||||||
7 | details of the Authority. | ||||||
8 | (b) A contract or agreement entered into by the Authority | ||||||
9 | must be posted on the Authority's website. The Authority shall | ||||||
10 | provide a detailed report of the Authority's financial | ||||||
11 | information on the Authority's website, including, but not | ||||||
12 | limited to, a statement of profits and losses, balance sheet, | ||||||
13 | and income statement of the Authority.
| ||||||
14 | (70 ILCS 520/6.1 new) | ||||||
15 | Sec. 6.1. Commitment notice. The Authority shall provide | ||||||
16 | notice to the General Assembly, the Department of Commerce and | ||||||
17 | Economic Opportunity, and the Governor once the Authority | ||||||
18 | enters into a commitment to support the financing of a | ||||||
19 | project. The notice to the General Assembly shall be filed | ||||||
20 | with the Clerk of the House of Representatives and the | ||||||
21 | Secretary of the Senate, in electronic form only, in the | ||||||
22 | manner that the Clerk and the Secretary shall direct.
| ||||||
23 | (70 ILCS 520/8) (from Ch. 85, par. 6158)
| ||||||
24 | Sec. 8. (a) The Authority may, but need not, acquire title |
| |||||||
| |||||||
1 | to any
project with respect to which it exercises its | ||||||
2 | authority.
| ||||||
3 | (b) The Authority shall have power to acquire by purchase, | ||||||
4 | lease, gift or
otherwise any property or rights therein from | ||||||
5 | any person or persons, the
State of Illinois, any municipal | ||||||
6 | corporation, any local unit of government, the
government of | ||||||
7 | the United States and any agency or instrumentality of the
| ||||||
8 | United States, any body politic or any county useful for its | ||||||
9 | purposes, whether
improved for the purposes of any prospective | ||||||
10 | project or unimproved. The
Authority may also accept any | ||||||
11 | donation of funds for its purposes from any
such source. The | ||||||
12 | Authority may acquire any real property, or rights
therein, | ||||||
13 | upon condemnation. The acquisition by eminent domain of such | ||||||
14 | real
property or any interest therein by the Authority shall | ||||||
15 | be in the manner
provided by the Eminent Domain Act,
including | ||||||
16 | Article 20 thereof (quick-take power).
| ||||||
17 | The Authority shall not exercise any quick-take eminent | ||||||
18 | domain powers
granted by State law within the corporate limits | ||||||
19 | of a municipality unless the
governing authority of the | ||||||
20 | municipality authorizes the Authority to do so. The
Authority | ||||||
21 | shall not exercise any quick-take eminent domain powers | ||||||
22 | granted by
State law within the unincorporated areas of a | ||||||
23 | county unless the county board
authorizes the Authority to do | ||||||
24 | so.
| ||||||
25 | (c) The Authority shall have power to develop, construct | ||||||
26 | and improve,
either under its own direction or through |
| |||||||
| |||||||
1 | collaboration with any approved
applicant, or to acquire | ||||||
2 | through purchase or otherwise any project, using
for such | ||||||
3 | purpose the proceeds derived from its sale of revenue bonds, | ||||||
4 | notes
or other evidences of indebtedness or governmental loans | ||||||
5 | or grants and to
hold title in the name of the Authority to | ||||||
6 | such projects.
| ||||||
7 | (d) The Authority shall have the power to enter into | ||||||
8 | intergovernmental
agreements with the State of Illinois, the | ||||||
9 | counties of Bond, Clinton, Madison , Monroe, and or
St. Clair, | ||||||
10 | the Southwest Regional Port District, the Illinois
Finance | ||||||
11 | Authority, the Illinois Housing Development Authority, the | ||||||
12 | Metropolitan
Pier and
Exposition Authority, the United States | ||||||
13 | government and any agency or
instrumentality of the United | ||||||
14 | States, the city of East St. Louis, any unit
of local | ||||||
15 | government located within the territory of the Authority or | ||||||
16 | any
other unit of government to the extent allowed by Article | ||||||
17 | VII, Section 10
of the Illinois Constitution and the | ||||||
18 | Intergovernmental Cooperation Act.
| ||||||
19 | (e) The Authority shall have the power to share employees | ||||||
20 | with other units
of government, including agencies of the | ||||||
21 | United States, agencies of the
State of Illinois and agencies | ||||||
22 | or personnel of any unit of local government.
| ||||||
23 | (f) The Authority shall have the power to exercise powers | ||||||
24 | and issue
bonds as if it were a municipality so authorized in | ||||||
25 | Divisions 12.1, 74,
74.1, 74.3 and 74.5 of Article 11 of the | ||||||
26 | Illinois Municipal Code.
|
| |||||||
| |||||||
1 | (Source: P.A. 93-205, eff. 1-1-04; 94-1055, eff. 1-1-07.)
| ||||||
2 | (70 ILCS 520/11.1) (from Ch. 85, par. 6161.1)
| ||||||
3 | Sec. 11.1.
(a) No member of the Authority or officer, | ||||||
4 | agent, or
employee of the Authority shall, in his or her own | ||||||
5 | name or in the name of a
nominee, be an officer or director of | ||||||
6 | or hold an ownership of more than
7.5% in any person, | ||||||
7 | association, trust, corporation, partnership, or other
entity | ||||||
8 | that is, in its own name or in the name of a nominee, a party | ||||||
9 | to a
contract or agreement upon which the member, officer, | ||||||
10 | agent, or employee
may be called upon to act or vote.
| ||||||
11 | (b) With respect to any direct or any indirect interest, | ||||||
12 | other than an
interest prohibited in subsection (a), in a | ||||||
13 | contract or agreement upon
which the member, officer, agent, | ||||||
14 | or employee may be called upon to act or
vote, the member, | ||||||
15 | officer, agent, or employee shall disclose that interest
to | ||||||
16 | the secretary of the Authority before the taking of final | ||||||
17 | action by the
Authority concerning that contract or agreement | ||||||
18 | and shall also disclose the
nature and extent of that interest | ||||||
19 | and his or her acquisition of that
interest, which disclosures | ||||||
20 | shall be publicly acknowledged by the Authority
and entered | ||||||
21 | upon the minutes of the Authority. If a member of the
Authority | ||||||
22 | or an officer, agent, or employee of the Authority holds such | ||||||
23 | an
interest, then he or she shall refrain from any further | ||||||
24 | official
involvement in regard to the contract or agreement, | ||||||
25 | from voting on any
matter pertaining to the contract or
|
| |||||||
| |||||||
1 | agreement, and from communicating with other members of the | ||||||
2 | Authority or
its officers, agents, and employees concerning | ||||||
3 | the contract or agreement.
Notwithstanding any other provision | ||||||
4 | of law, any contract or agreement
entered into in conformity | ||||||
5 | with this subsection (b) shall not be void or
invalid by reason | ||||||
6 | of an interest described in this subsection, nor shall
any | ||||||
7 | person so disclosing the interest and refraining from further | ||||||
8 | official
involvement as provided in this subsection be guilty | ||||||
9 | of an offense, be
removed from office, or be subject to any | ||||||
10 | other penalty on account of that interest.
| ||||||
11 | (c) Any contract or agreement made in violation of | ||||||
12 | subsection (a) or (b)
is void and gives rise to no action | ||||||
13 | against the Authority.
| ||||||
14 | (d) The Authority may not hear a request for assistance | ||||||
15 | from a restricted person. This prohibition extends to business | ||||||
16 | relationships between a person who is an Authority leader | ||||||
17 | within one year prior to the request for assistance and to any | ||||||
18 | entity in which a restricted person holds or, within the past 2 | ||||||
19 | years, held an ownership interest of 10% or more. | ||||||
20 | (e) An Authority leader shall disclose and recuse himself | ||||||
21 | or herself from matters relating to requests for assistance | ||||||
22 | from an entity that is relocating full-time employees from | ||||||
23 | another Authority's counties if (i) both Authorities contract | ||||||
24 | with or employ the same Authority leader or (ii) there is or, | ||||||
25 | within the past 2 years of the request, there was a business | ||||||
26 | relationship between the Authority leaders at the 2 |
| |||||||
| |||||||
1 | Authorities. | ||||||
2 | (f) The Board of the Authority shall vote to renew the | ||||||
3 | appointment of the Executive Director and other Authority | ||||||
4 | leaders on an annual basis. All contracts shall be approved on | ||||||
5 | an annual basis and use a public process to solicit | ||||||
6 | applications. This requirement does not apply to full-time | ||||||
7 | employees of the Authority unless otherwise required by | ||||||
8 | applicable State law or local ordinance. | ||||||
9 | (g) Each Authority leader shall submit a statement of | ||||||
10 | economic interest in accordance with Article 4A of the | ||||||
11 | Illinois Governmental Ethics Act. Additionally, each Authority | ||||||
12 | leader shall disclose to the Board outside sources of income | ||||||
13 | and any business relationships in economic development | ||||||
14 | consulting or lobbying. Reporting shall include the source of | ||||||
15 | income, services provided, and timeline of when services were | ||||||
16 | provided. If the source of income is a firm or organization | ||||||
17 | with multiple clients, the report shall list all of the | ||||||
18 | entities for which the individual provided services. | ||||||
19 | (Source: P.A. 86-1455.)
| ||||||
20 | Section 55. The Tri-County River Valley Development | ||||||
21 | Authority Law is amended by changing Sections 2003, 2004, | ||||||
22 | 2008, and 2013 and by adding Sections 2005.1 and 2005.2 as | ||||||
23 | follows:
| ||||||
24 | (70 ILCS 525/2003) (from Ch. 85, par. 7503)
|
| |||||||
| |||||||
1 | Sec. 2003. Definitions. The following terms, whenever used | ||||||
2 | or referred
to in this Article, shall have the following | ||||||
3 | meanings, except in such
instances where the context may | ||||||
4 | clearly indicate otherwise:
| ||||||
5 | (a) "Authority" means the Tri-County River Valley | ||||||
6 | Development Authority
created by this Article.
| ||||||
7 | (a-5) "Authority leader" means the Executive Director, | ||||||
8 | Assistant Executive Director, or any other person serving in a | ||||||
9 | management, administrative, or leadership role at the | ||||||
10 | Authority. | ||||||
11 | (b) "Governmental agency" means any federal, State or | ||||||
12 | local governmental
body, and any agency or instrumentality | ||||||
13 | thereof, corporate or otherwise.
| ||||||
14 | (c) "Person" means any natural person, firm, partnership, | ||||||
15 | corporation,
both domestic and foreign, company, association | ||||||
16 | or joint stock association
and includes any trustee, receiver, | ||||||
17 | assignee or personal representative
thereof.
| ||||||
18 | (c-5) "Restricted person" means a person who has a | ||||||
19 | familial or business relationship with an Authority leader. | ||||||
20 | (d) "Revenue bond" means any bond issued by the Authority | ||||||
21 | the principal
and interest of which is payable solely from | ||||||
22 | revenues or income
derived from any project or activity of the | ||||||
23 | Authority.
| ||||||
24 | (e) "Board" means the Tri-County River Valley Development | ||||||
25 | Authority
Board of Directors.
| ||||||
26 | (f) "Governor" means the Governor of the State of |
| |||||||
| |||||||
1 | Illinois.
| ||||||
2 | (g) "City" means any city, village, incorporated town or | ||||||
3 | township
within the geographical territory of the Authority.
| ||||||
4 | (h) "Industrial project" means (1) a capital project, | ||||||
5 | including one or
more buildings and other structures, | ||||||
6 | improvements, machinery and equipment
whether or not on the | ||||||
7 | same site or sites now existing or hereafter
acquired, | ||||||
8 | suitable for use by any manufacturing, industrial, research,
| ||||||
9 | transportation or commercial enterprise including but not | ||||||
10 | limited to use
as a factory, mill, processing plant, assembly | ||||||
11 | plant, packaging plant,
fabricating plant, office building, | ||||||
12 | industrial distribution center,
warehouse, repair, overhaul or | ||||||
13 | service facility, freight terminal, research
facility, test | ||||||
14 | facility, railroad facility, solid waste and wastewater
| ||||||
15 | treatment and disposal sites and other pollution control | ||||||
16 | facilities,
resource or waste reduction, recovery, treatment | ||||||
17 | and disposal facilities,
and including also the sites thereof | ||||||
18 | and other rights in land therefor
whether improved or | ||||||
19 | unimproved, site preparation and landscaping and all
| ||||||
20 | appurtenances and facilities incidental thereto such as | ||||||
21 | utilities, access
roads, railroad sidings, truck docking and | ||||||
22 | similar facilities, parking
facilities, dockage, wharfage, | ||||||
23 | railroad roadbed, track, trestle, depot,
terminal, switching | ||||||
24 | and signaling equipment or related equipment and other
| ||||||
25 | improvements necessary or convenient thereto; or (2) any land, | ||||||
26 | buildings,
machinery or equipment comprising an addition to or |
| |||||||
| |||||||
1 | renovation,
rehabilitation or improvement of any existing | ||||||
2 | capital project.
| ||||||
3 | (i) "Housing project" or "residential project" includes a | ||||||
4 | specific work
or improvement undertaken to provide dwelling | ||||||
5 | accommodations, including the
acquisition, construction or | ||||||
6 | rehabilitation of lands, buildings and
community facilities | ||||||
7 | and in connection therewith to provide nonhousing
facilities | ||||||
8 | which are an integral part of a planned large-scale project or
| ||||||
9 | new community.
| ||||||
10 | (j) "Commercial project" means any project, including but | ||||||
11 | not limited to
one or more buildings and other structures, | ||||||
12 | improvements, machinery and
equipment whether or not on the | ||||||
13 | same site or sites now existing or
hereafter acquired, | ||||||
14 | suitable for use by any retail or wholesale concern,
| ||||||
15 | distributorship or agency, any cultural facilities of a | ||||||
16 | for-profit or
not-for-profit type including but not limited to | ||||||
17 | educational, theatrical,
recreational and entertainment, | ||||||
18 | sports facilities, racetracks, stadiums,
convention centers, | ||||||
19 | exhibition halls, arenas, opera houses and theaters,
| ||||||
20 | waterfront improvements, swimming pools, boat storage, | ||||||
21 | moorage, docking
facilities, restaurants, velodromes, | ||||||
22 | coliseums, sports training facilities,
parking facilities, | ||||||
23 | terminals, hotels and motels, gymnasiums, medical
facilities | ||||||
24 | and port facilities.
| ||||||
25 | (k) "Project" means an industrial, housing, residential, | ||||||
26 | commercial or
service project or any combination thereof |
| |||||||
| |||||||
1 | provided that all uses shall
fall within one of the categories | ||||||
2 | described above. Any project, of any
nature whatsoever, shall | ||||||
3 | automatically include all site improvements and
new | ||||||
4 | construction involving sidewalks, sewers, solid waste and | ||||||
5 | wastewater
treatment and disposal sites and other pollution | ||||||
6 | control facilities,
resource or waste reduction, recovery, | ||||||
7 | treatment and disposal facilities,
parks, open spaces, | ||||||
8 | wildlife sanctuaries, streets, highways and runways.
| ||||||
9 | (l) "Lease agreement" shall mean an agreement whereby a | ||||||
10 | project acquired
by the Authority by purchase, gift or lease | ||||||
11 | is leased to any person or
corporation which will use or cause | ||||||
12 | the project to be used as a project as
heretofore defined upon | ||||||
13 | terms providing for lease rental payments at least
sufficient | ||||||
14 | to pay when due all principal of and interest and premium, if | ||||||
15 | any,
on any bonds, notes or other evidences of indebtedness of | ||||||
16 | the Authority
issued with respect to such project, providing | ||||||
17 | for the maintenance,
insurance and operation of the project on | ||||||
18 | terms satisfactory to the
Authority and providing for | ||||||
19 | disposition of the project upon termination of
the lease term, | ||||||
20 | including purchase options or abandonment of the premises,
| ||||||
21 | with such other terms as may be deemed desirable by the | ||||||
22 | Authority.
| ||||||
23 | (m) "Loan agreement" means any agreement pursuant to which | ||||||
24 | the Authority
agrees to loan the proceeds of its bonds, notes | ||||||
25 | or other evidences of
indebtedness issued with respect to a | ||||||
26 | project to any person or corporation
which will use or cause |
| |||||||
| |||||||
1 | the project to be used as a project as heretofore
defined upon | ||||||
2 | terms providing for loan repayment installments at least
| ||||||
3 | sufficient to pay when due all principal of and interest and | ||||||
4 | premium, if any,
on any bonds, notes or other evidences of | ||||||
5 | indebtedness of the Authority
issued with respect to the | ||||||
6 | project, providing for maintenance, insurance
and operation of | ||||||
7 | the project on terms satisfactory to the Authority and
| ||||||
8 | providing for other matters as may be deemed advisable by the | ||||||
9 | Authority.
| ||||||
10 | (n) "Financial aid" means the expenditure of Authority | ||||||
11 | funds or funds
provided by the Authority through the issuance | ||||||
12 | of its revenue bonds, notes
or other evidences of indebtedness | ||||||
13 | for the development, construction,
acquisition or improvement | ||||||
14 | of a project.
| ||||||
15 | (o) "Costs incurred in connection with the development, | ||||||
16 | construction,
acquisition or improvement of a project" means | ||||||
17 | the following: the cost of
purchase and construction of all | ||||||
18 | lands and improvements in connection
therewith and equipment | ||||||
19 | and other property, rights, easements and franchises
acquired | ||||||
20 | which are deemed necessary for such construction; financing
| ||||||
21 | charges; interest costs with respect to bonds, notes and other | ||||||
22 | evidences of
indebtedness of the Authority prior to and during | ||||||
23 | construction and for a
period of 6 months thereafter; | ||||||
24 | engineering and legal expenses; the costs of plans,
| ||||||
25 | specifications, surveys and estimates of costs and other | ||||||
26 | expenses necessary or
incident to determining the feasibility |
| |||||||
| |||||||
1 | or practicability of any project,
together with such other | ||||||
2 | expenses as may be necessary or incident to the
financing, | ||||||
3 | insuring, acquisition and construction of a specific project | ||||||
4 | and
the placing of the same in operation.
| ||||||
5 | (p) "Terminal" means a public place, station or depot for | ||||||
6 | receiving and
delivering passengers, baggage, mail, freight or | ||||||
7 | express matter and any
combination thereof in connection with | ||||||
8 | the transportation of
persons and property on water or land or | ||||||
9 | in the air.
| ||||||
10 | (q) "Terminal facilities" means all land, buildings, | ||||||
11 | structures,
improvements, equipment and appliances useful in | ||||||
12 | the operation of public
warehouse, storage and transportation | ||||||
13 | facilities and industrial,
manufacturing or commercial | ||||||
14 | activities for the accommodation of or in
connection with | ||||||
15 | commerce by water or land or in the air or useful as an
aid, or | ||||||
16 | constituting an advantage or convenience to, the safe landing,
| ||||||
17 | taking off and navigation of aircraft or the safe and | ||||||
18 | efficient operation
or maintenance of a public airport.
| ||||||
19 | (r) "Port facilities" means all public structures, except | ||||||
20 | terminal
facilities as defined herein, that are in, over, | ||||||
21 | under or adjacent to
navigable waters and are necessary for or | ||||||
22 | incident to the furtherance of
water commerce and includes the | ||||||
23 | widening and deepening of slips, harbors
and navigable waters.
| ||||||
24 | (s) "Airport" means any locality, either land or water, | ||||||
25 | which is used or
designed for the landing and taking off of | ||||||
26 | aircraft or for the location of
runways, landing fields, |
| |||||||
| |||||||
1 | aerodromes, hangars, buildings, structures,
airport roadways | ||||||
2 | and other facilities.
| ||||||
3 | (Source: P.A. 86-1489.)
| ||||||
4 | (70 ILCS 525/2004) (from Ch. 85, par. 7504)
| ||||||
5 | Sec. 2004. Establishment.
| ||||||
6 | (a) There is hereby created a political subdivision, body | ||||||
7 | politic
and municipal corporation named the Tri-County River | ||||||
8 | Valley Development
Authority. The territorial jurisdiction of | ||||||
9 | the Authority is that geographic
area within the boundaries of | ||||||
10 | McLean, Peoria, Tazewell , and Woodford counties in the
State | ||||||
11 | of Illinois and any navigable waters and air space located | ||||||
12 | therein.
| ||||||
13 | (b) The governing and administrative powers of the | ||||||
14 | Authority shall be
vested in a body consisting of 13 11 members | ||||||
15 | including, as ex officio members,
the Director of Commerce and
| ||||||
16 | Economic Opportunity, or his or her designee, and
the Director | ||||||
17 | of Natural Resources, or
that Director's designee. The other | ||||||
18 | 11 9 members of the
Authority shall be designated
"public | ||||||
19 | members", 3 of whom shall be appointed by the Governor, 3 of | ||||||
20 | whom shall
be appointed one each by the county board chairmen | ||||||
21 | of Peoria, Tazewell and
Woodford counties and 5 3 of whom shall | ||||||
22 | be appointed one each by the city
councils of Bloomington, | ||||||
23 | East
Peoria, Normal, Pekin , and Peoria. All public members | ||||||
24 | shall reside within the
territorial jurisdiction of this Act. | ||||||
25 | Seven Six members shall constitute a quorum , and the Board may |
| |||||||
| |||||||
1 | not meet or take any action without a quorum present .
The | ||||||
2 | public members shall be persons of recognized ability and | ||||||
3 | experience in one
or more of the following areas: economic | ||||||
4 | development, finance, banking,
industrial development, small | ||||||
5 | business management, real estate development,
community | ||||||
6 | development, venture finance, organized labor or civic, | ||||||
7 | community or
neighborhood organization. The Chairman of the
| ||||||
8 | Authority shall be elected by the Board annually from the 8 6 | ||||||
9 | members appointed
by the county board chairmen and city | ||||||
10 | councils.
| ||||||
11 | (c) The terms of all members of the Authority shall begin | ||||||
12 | 30 days after
the effective date of this Article. Of the 9 | ||||||
13 | public members appointed
pursuant to this Act, 3 shall serve | ||||||
14 | until the third Monday in January 1992,
3 shall serve until the | ||||||
15 | third Monday in January 1993, and 3 shall serve
until the third | ||||||
16 | Monday in January 1994. All successors shall be appointed
by | ||||||
17 | the original appointing authority and hold office for a term | ||||||
18 | of 3 years
commencing the third Monday in January of the year | ||||||
19 | in which their term
commences, except in case of an | ||||||
20 | appointment to fill a vacancy.
The initial member appointed by | ||||||
21 | the city council of Bloomington shall serve until the third | ||||||
22 | Monday in January 2025. The initial member appointed by the | ||||||
23 | city council of Normal shall serve until the third Monday in | ||||||
24 | January 2026. Vacancies occurring among the public members | ||||||
25 | shall be filled for the
remainder of the term. In case of | ||||||
26 | vacancy in a Governor-appointed
membership when the Senate is |
| |||||||
| |||||||
1 | not in session, the Governor may make a
temporary appointment | ||||||
2 | until the next meeting of the Senate when a person
shall be | ||||||
3 | nominated to fill such office, and any person so nominated who | ||||||
4 | is
confirmed by the Senate shall hold office during the | ||||||
5 | remainder of the term
and until a successor shall be appointed | ||||||
6 | and qualified. Members of the
Authority shall not be entitled | ||||||
7 | to compensation for their services as
members but may be | ||||||
8 | reimbursed for all necessary expenses incurred in
connection | ||||||
9 | with the performance of their duties as members.
| ||||||
10 | (d) The Governor may remove any public member of the | ||||||
11 | Authority in case
of incompetency, neglect of duty, or | ||||||
12 | malfeasance in office.
| ||||||
13 | (e) The Board may appoint an Executive Director who shall | ||||||
14 | have a
background in finance, including familiarity with the | ||||||
15 | legal and
procedural requirements of issuing bonds, real | ||||||
16 | estate or economic
development and administration. The | ||||||
17 | Executive Director shall hold office
at the discretion of the | ||||||
18 | Board. The Executive Director shall be the chief
| ||||||
19 | administrative and operational officer of the Authority, shall | ||||||
20 | direct
and supervise its administrative affairs and general | ||||||
21 | management, shall perform
such other duties as may be | ||||||
22 | prescribed from time to time by the members and
shall receive | ||||||
23 | compensation fixed by the Authority. The Executive Director
| ||||||
24 | shall attend all meetings of the Authority; however, no action | ||||||
25 | of the
Authority shall be invalid on account of the absence of | ||||||
26 | the Executive
Director from a meeting. The Authority may |
| |||||||
| |||||||
1 | engage the services of such
other agents and employees, | ||||||
2 | including attorneys, appraisers, engineers,
accountants, | ||||||
3 | credit analysts and other consultants, as it may deem
| ||||||
4 | advisable and may prescribe their duties and fix their | ||||||
5 | compensation.
| ||||||
6 | (f) The Board may, by majority vote, nominate up to 4 | ||||||
7 | non-voting members
for appointment by the Governor. Non-voting | ||||||
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. Non-voting members shall serve at | ||||||
14 | the pleasure of the Board.
All non-voting members may attend | ||||||
15 | meetings of the Board and may be
reimbursed as provided in | ||||||
16 | subsection (c).
| ||||||
17 | (g) The Board shall create a task force to study and make
| ||||||
18 | recommendations to the Board on the economic development of | ||||||
19 | the territory
within the jurisdiction of this Act. The members | ||||||
20 | of the task force shall
reside within the territorial | ||||||
21 | jurisdiction of this Article, shall serve at the
pleasure of | ||||||
22 | the Board and shall be persons of recognized ability and
| ||||||
23 | experience in one or more of the following areas: economic | ||||||
24 | development,
finance, banking, industrial development, small | ||||||
25 | business management, real
estate development, community | ||||||
26 | development, venture finance, organized labor
or civic, |
| |||||||
| |||||||
1 | community or neighborhood organization. The number of members
| ||||||
2 | constituting the task force shall be set by the Board and may | ||||||
3 | vary from
time to time. The Board may set a specific date by | ||||||
4 | which the task force is
to submit its final report and | ||||||
5 | recommendations to the Board.
| ||||||
6 | (Source: P.A. 94-793, eff. 5-19-06.)
| ||||||
7 | (70 ILCS 525/2005.1 new) | ||||||
8 | Sec. 2005.1. Requests for assistance; disclosure of | ||||||
9 | economic interests. | ||||||
10 | (a) The Authority may not hear a request for assistance | ||||||
11 | from a restricted person. This prohibition extends to business | ||||||
12 | relationships between a person who is an Authority leader | ||||||
13 | within one year prior to the request for assistance and to any | ||||||
14 | entity in which a restricted person holds or, within the past 2 | ||||||
15 | years, held an ownership interest of 10% or more. | ||||||
16 | (b) An Authority leader shall disclose and recuse himself | ||||||
17 | or herself from matters relating to requests for assistance | ||||||
18 | from an entity that is relocating full-time employees from | ||||||
19 | another Authority's counties if (i) both Authorities contract | ||||||
20 | with or employ the same Authority leader or (ii) there is or, | ||||||
21 | within the past 2 years of the request, there was a business | ||||||
22 | relationship between the Authority leaders at the 2 | ||||||
23 | Authorities. | ||||||
24 | (c) The Board of the Authority shall vote to renew the | ||||||
25 | appointment of the Executive Director and other Authority |
| |||||||
| |||||||
1 | leaders on an annual basis. All contracts shall be approved on | ||||||
2 | an annual basis and use a public process to solicit | ||||||
3 | applications. This requirement does not apply to full-time | ||||||
4 | employees of the Authority unless otherwise required by | ||||||
5 | applicable State law or local ordinance. | ||||||
6 | (d) Each Authority leader shall submit a statement of | ||||||
7 | economic interest in accordance with Article 4A of the | ||||||
8 | Illinois Governmental Ethics Act. Additionally, each Authority | ||||||
9 | leader shall disclose to the Board outside sources of income | ||||||
10 | and any business relationships in economic development | ||||||
11 | consulting or lobbying. Reporting shall include the source of | ||||||
12 | income, services provided, and timeline of when services were | ||||||
13 | provided. If the source of income is a firm or organization | ||||||
14 | with multiple clients, the report shall list all of the | ||||||
15 | entities for which the individual provided services.
| ||||||
16 | (70 ILCS 525/2005.2 new) | ||||||
17 | Sec. 2005.2. Open meetings; record disclosure. | ||||||
18 | (a) The Authority is subject to the Open Meetings Act and | ||||||
19 | the Freedom of Information Act. Documents subject to the | ||||||
20 | Freedom of Information Act include, but are not limited to, | ||||||
21 | expenses,
payroll, origination bonuses, and other financial | ||||||
22 | details of the Authority. | ||||||
23 | (b) A contract or agreement entered into by the Authority | ||||||
24 | must be posted on the Authority's website. The Authority shall | ||||||
25 | provide a detailed report of the Authority's financial |
| |||||||
| |||||||
1 | information on the Authority's website, including, but not | ||||||
2 | limited to, a statement of profits and losses, balance sheet, | ||||||
3 | and income statement of the Authority.
| ||||||
4 | (70 ILCS 525/2008) (from Ch. 85, par. 7508)
| ||||||
5 | Sec. 2008. Acquisition.
| ||||||
6 | (a) The Authority may, but need not, acquire title to any
| ||||||
7 | project with respect to which it exercises its authority.
| ||||||
8 | (b) The Authority shall have power to acquire by purchase, | ||||||
9 | lease, gift or
otherwise any property or rights therein from | ||||||
10 | any person or persons, the
State of Illinois, any municipal | ||||||
11 | corporation, any local unit of government, the
government of | ||||||
12 | the United States and any agency or instrumentality of the
| ||||||
13 | United States, any body politic or any county useful for its | ||||||
14 | purposes, whether
improved for the purposes of any prospective | ||||||
15 | project or unimproved. The
Authority may also accept any | ||||||
16 | donation of funds for its
purposes from any such source.
| ||||||
17 | (c) The Authority shall have power to develop, construct | ||||||
18 | and improve,
either under its own direction or through | ||||||
19 | collaboration with any approved
applicant, or to acquire | ||||||
20 | through purchase or otherwise any project, using
for such | ||||||
21 | purpose the proceeds derived from its sale of revenue bonds, | ||||||
22 | notes
or other evidences of indebtedness or governmental loans | ||||||
23 | or grants and to
hold title in the name of the Authority to | ||||||
24 | such projects.
| ||||||
25 | (d) The Authority shall have the power to enter into |
| |||||||
| |||||||
1 | intergovernmental
agreements with the State of Illinois, the | ||||||
2 | counties of McLean, Peoria, Tazewell , or
Woodford, the | ||||||
3 | Illinois Finance Authority, the Illinois Housing
Development | ||||||
4 | Authority, the
Metropolitan Pier and Exposition Authority, the | ||||||
5 | United States government
and any agency or instrumentality of | ||||||
6 | the United States, any unit of local
government located within | ||||||
7 | the territory of the Authority or any other unit
of government | ||||||
8 | to the extent allowed by Article VII, Section 10 of the
| ||||||
9 | Illinois Constitution and the Intergovernmental Cooperation | ||||||
10 | Act.
| ||||||
11 | (e) The Authority shall have the power to share employees | ||||||
12 | with other units
of government, including agencies of the | ||||||
13 | United States, agencies of the
State of Illinois and agencies | ||||||
14 | or personnel of any unit of local government.
| ||||||
15 | (f) The Authority shall have the power to exercise powers | ||||||
16 | and issue
bonds as if it were a municipality so authorized in | ||||||
17 | Divisions 12.1, 74,
74.1, 74.3 and 74.5 of Article 11 of the | ||||||
18 | Illinois Municipal Code.
| ||||||
19 | (Source: P.A. 93-205, eff. 1-1-04.)
| ||||||
20 | (70 ILCS 525/2013) (from Ch. 85, par. 7513)
| ||||||
21 | Sec. 2013. Reports ; commitment notice . The Authority shall | ||||||
22 | annually submit a report of
its finances to the Auditor | ||||||
23 | General. The Authority shall annually submit a
report of its | ||||||
24 | activities to the Governor and General Assembly.
| ||||||
25 | The Authority shall provide notice to the General |
| |||||||
| |||||||
1 | Assembly, the Department of Commerce and Economic Opportunity, | ||||||
2 | and the Governor once the Authority enters into a commitment | ||||||
3 | to support the financing of a project. The notice to the | ||||||
4 | General Assembly shall be filed with the Clerk of the House of | ||||||
5 | Representatives and the Secretary of the Senate, in electronic | ||||||
6 | form only, in the manner that the Clerk and the Secretary shall | ||||||
7 | direct. | ||||||
8 | (Source: P.A. 86-1489.)
| ||||||
9 | Section 60. The Upper Illinois River Valley Development | ||||||
10 | Authority Act is amended by changing Sections 3, 4, and 14 and | ||||||
11 | by adding Sections 5.1 and 5.2 as follows:
| ||||||
12 | (70 ILCS 530/3) (from Ch. 85, par. 7153)
| ||||||
13 | Sec. 3. Definitions. The following terms, whenever used or | ||||||
14 | referred to
in this Act, shall have the following meanings, | ||||||
15 | except in such instances
where the context may clearly | ||||||
16 | indicate otherwise:
| ||||||
17 | (a) "Authority" means the Upper Illinois River Valley | ||||||
18 | Development Authority
created by this Act.
| ||||||
19 | (a-5) "Authority leader" means the Executive Director, | ||||||
20 | Assistant Executive Director, or any other person serving in a | ||||||
21 | management, administrative, or leadership role at the | ||||||
22 | Authority. | ||||||
23 | (b) "Governmental agency" means any federal, State or | ||||||
24 | local governmental
body, and any agency or instrumentality |
| |||||||
| |||||||
1 | thereof, corporate or otherwise.
| ||||||
2 | (c) "Person" means any natural person, firm, partnership, | ||||||
3 | corporation,
both domestic and foreign, company, association | ||||||
4 | or joint stock association
and includes any trustee, receiver, | ||||||
5 | assignee or personal representative
thereof.
| ||||||
6 | (c-5) "Restricted person" means a person who has a | ||||||
7 | familial or business relationship with an Authority leader. | ||||||
8 | (d) "Revenue bond" means any bond issued by the Authority | ||||||
9 | the principal
and interest of which is payable solely from | ||||||
10 | revenues or income
derived from any project or activity of the | ||||||
11 | Authority.
| ||||||
12 | (e) "Board" means the Upper Illinois River Valley | ||||||
13 | Development Authority
Board of Directors.
| ||||||
14 | (f) "Governor" means the Governor of the State of | ||||||
15 | Illinois.
| ||||||
16 | (g) "City" means any city, village, incorporated town or | ||||||
17 | township
within the geographical territory of the Authority.
| ||||||
18 | (h) "Industrial project" means (1) a capital project, | ||||||
19 | including one or
more buildings and other structures, | ||||||
20 | improvements, machinery and equipment
whether or not on the | ||||||
21 | same site or sites now existing or hereafter
acquired, | ||||||
22 | suitable for use by any manufacturing, industrial, research,
| ||||||
23 | transportation or commercial enterprise including but not | ||||||
24 | limited to use
as a factory, mill, processing plant, assembly | ||||||
25 | plant, packaging plant,
fabricating plant, office building, | ||||||
26 | industrial distribution center,
warehouse, repair, overhaul or |
| |||||||
| |||||||
1 | service facility, freight terminal, research
facility, test | ||||||
2 | facility, railroad facility, solid waste and wastewater
| ||||||
3 | treatment and disposal sites and other pollution control | ||||||
4 | facilities,
resource or waste reduction, recovery, treatment | ||||||
5 | and disposal facilities,
and including also the sites thereof | ||||||
6 | and other rights in land therefor
whether improved or | ||||||
7 | unimproved, site preparation and landscaping and all
| ||||||
8 | appurtenances and facilities incidental thereto such as | ||||||
9 | utilities, access
roads, railroad sidings, truck docking and | ||||||
10 | similar facilities, parking
facilities, dockage, wharfage, | ||||||
11 | railroad roadbed, track, trestle, depot,
terminal, switching | ||||||
12 | and signaling equipment or related equipment and other
| ||||||
13 | improvements necessary or convenient thereto; or (2) any land, | ||||||
14 | buildings,
machinery or equipment comprising an addition to or | ||||||
15 | renovation,
rehabilitation or improvement of any existing | ||||||
16 | capital project.
| ||||||
17 | (i) "Housing project" or "residential project" includes a | ||||||
18 | specific work
or improvement undertaken to provide dwelling | ||||||
19 | accommodations, including the
acquisition, construction or | ||||||
20 | rehabilitation of lands, buildings and
community facilities | ||||||
21 | and in connection therewith to provide nonhousing
facilities | ||||||
22 | which are an integral part of a planned large-scale project or
| ||||||
23 | new community.
| ||||||
24 | (j) "Commercial project" means any project, including but | ||||||
25 | not limited to
one or more buildings and other structures, | ||||||
26 | improvements, machinery and
equipment whether or not on the |
| |||||||
| |||||||
1 | same site or sites now existing or
hereafter acquired, | ||||||
2 | suitable for use by any retail or wholesale concern,
| ||||||
3 | distributorship or agency, any cultural facilities of a | ||||||
4 | for-profit or
not-for-profit type including but not limited to | ||||||
5 | educational, theatrical,
recreational and entertainment, | ||||||
6 | sports facilities, racetracks, stadiums,
convention centers, | ||||||
7 | exhibition halls, arenas, opera houses and theaters,
| ||||||
8 | waterfront improvements, swimming pools, boat storage, | ||||||
9 | moorage, docking
facilities, restaurants, velodromes, | ||||||
10 | coliseums, sports training facilities,
parking facilities, | ||||||
11 | terminals, hotels and motels, gymnasiums, medical
facilities | ||||||
12 | and port facilities.
| ||||||
13 | (k) "Project" means an industrial, housing, residential, | ||||||
14 | commercial or
service project or any combination thereof | ||||||
15 | provided that all uses shall
fall within one of the categories | ||||||
16 | described above. Any project, of any
nature whatsoever, shall | ||||||
17 | automatically include all site improvements and
new | ||||||
18 | construction involving sidewalks, sewers, solid waste and | ||||||
19 | wastewater
treatment and disposal sites and other pollution | ||||||
20 | control facilities,
resource or waste reduction, recovery, | ||||||
21 | treatment and disposal facilities,
parks, open spaces, | ||||||
22 | wildlife sanctuaries, streets, highways and runways.
| ||||||
23 | (l) "Lease agreement" shall mean an agreement whereby a | ||||||
24 | project acquired
by the Authority by purchase, gift or lease | ||||||
25 | is leased to any person or
corporation which will use or cause | ||||||
26 | the project to be used as a project as
heretofore defined upon |
| |||||||
| |||||||
1 | terms providing for lease rental payments at least
sufficient | ||||||
2 | to pay when due all principal of and interest and premium, if | ||||||
3 | any,
on any bonds, notes or other evidences of indebtedness of | ||||||
4 | the Authority
issued with respect to such project, providing | ||||||
5 | for the maintenance,
insurance and operation of the project on | ||||||
6 | terms satisfactory to the
Authority and providing for | ||||||
7 | disposition of the project upon termination of
the lease term, | ||||||
8 | including purchase options or abandonment of the premises,
| ||||||
9 | with such other terms as may be deemed desirable by the | ||||||
10 | Authority.
| ||||||
11 | (m) "Loan agreement" means any agreement pursuant to which | ||||||
12 | the Authority
agrees to loan the proceeds of its bonds, notes | ||||||
13 | or other evidences of
indebtedness issued with respect to a | ||||||
14 | project to any person or corporation
which will use or cause | ||||||
15 | the project to be used as a project as heretofore
defined upon | ||||||
16 | terms providing for loan repayment installments at least
| ||||||
17 | sufficient to pay when due all principal of and interest and | ||||||
18 | premium, if any,
on any bonds, notes or other evidences of | ||||||
19 | indebtedness of the Authority
issued with respect to the | ||||||
20 | project, providing for maintenance,
insurance and operation of | ||||||
21 | the project on terms satisfactory to the
Authority and | ||||||
22 | providing for other matters as may be deemed advisable
by the | ||||||
23 | Authority.
| ||||||
24 | (n) "Financial aid" means the expenditure of Authority | ||||||
25 | funds or funds
provided by the Authority through the issuance | ||||||
26 | of its revenue bonds, notes
or other evidences of indebtedness |
| |||||||
| |||||||
1 | for the development, construction,
acquisition or improvement | ||||||
2 | of a project.
| ||||||
3 | (o) "Costs incurred in connection with the development, | ||||||
4 | construction,
acquisition or improvement of a project" means | ||||||
5 | the following: the cost of
purchase and construction of all | ||||||
6 | lands and improvements in connection
therewith and equipment | ||||||
7 | and other property, rights, easements and franchises
acquired | ||||||
8 | which are deemed necessary for such construction; financing
| ||||||
9 | charges; interest costs with respect to bonds, notes and other | ||||||
10 | evidences of
indebtedness of the Authority prior to and during | ||||||
11 | construction and for a
period of 6 months thereafter; | ||||||
12 | engineering and legal expenses; the costs of
plans, | ||||||
13 | specifications, surveys and estimates of costs and other | ||||||
14 | expenses
necessary or incident to determining the feasibility | ||||||
15 | or practicability of
any project, together with such other | ||||||
16 | expenses as may be necessary or
incident to the financing, | ||||||
17 | insuring, acquisition and construction of a
specific project | ||||||
18 | and the placing of the same in operation.
| ||||||
19 | (p) "Terminal" means a public place, station or depot for | ||||||
20 | receiving and
delivering passengers, baggage, mail, freight or | ||||||
21 | express matter and any
combination thereof in connection with | ||||||
22 | the transportation of
persons and property on water or land or | ||||||
23 | in the air.
| ||||||
24 | (q) "Terminal facilities" means all land, buildings, | ||||||
25 | structures,
improvements, equipment and appliances useful in | ||||||
26 | the operation of public
warehouse, storage and transportation |
| |||||||
| |||||||
1 | facilities and industrial,
manufacturing or commercial | ||||||
2 | activities for the accommodation of or in
connection with | ||||||
3 | commerce by water or land or in the air or useful as an
aid, or | ||||||
4 | constituting an advantage or convenience to, the safe landing,
| ||||||
5 | taking off and navigation of aircraft or the safe and | ||||||
6 | efficient operation
or maintenance of a public airport.
| ||||||
7 | (r) "Port facilities" means all public structures, except | ||||||
8 | terminal
facilities as defined herein, that are in, over, | ||||||
9 | under or adjacent to
navigable waters and are necessary for or | ||||||
10 | incident to the furtherance of
water commerce and includes the | ||||||
11 | widening and deepening of slips, harbors
and navigable waters.
| ||||||
12 | (s) "Airport" means any locality, either land or water, | ||||||
13 | which is used or
designed for the landing and taking off of | ||||||
14 | aircraft or for the location of
runways, landing fields, | ||||||
15 | aerodromes, hangars, buildings, structures,
airport roadways | ||||||
16 | and other facilities.
| ||||||
17 | (Source: P.A. 86-1024.)
| ||||||
18 | (70 ILCS 530/4) (from Ch. 85, par. 7154)
| ||||||
19 | Sec. 4. Establishment.
| ||||||
20 | (a) There is hereby created a political
subdivision, body | ||||||
21 | politic and municipal corporation named the Upper
Illinois | ||||||
22 | River Valley Development Authority. The territorial | ||||||
23 | jurisdiction
of the Authority is that geographic area within | ||||||
24 | the boundaries of Grundy,
LaSalle, Bureau, Putnam, Kendall,
| ||||||
25 | Kane, Lake, McHenry,
and Marshall counties in the State of
|
| |||||||
| |||||||
1 | Illinois and
any navigable waters and air space located | ||||||
2 | therein.
| ||||||
3 | (b) The governing and administrative powers of the | ||||||
4 | Authority shall be
vested in a body consisting of 21 members | ||||||
5 | including, as ex officio
members,
the Director of Commerce and | ||||||
6 | Economic Opportunity, or his or her
designee, and the Director | ||||||
7 | of the Department of Central Management Services,
or his or | ||||||
8 | her designee. The other 19 members of the Authority shall
be
| ||||||
9 | designated "public members", 10 of whom shall be appointed by | ||||||
10 | the
Governor
with the advice and consent of the Senate and 9 of | ||||||
11 | whom shall be
appointed
one each by the county board chairmen | ||||||
12 | of Grundy, LaSalle, Bureau, Putnam,
Kendall,
Kane, Lake, | ||||||
13 | McHenry,
and Marshall counties. All public members shall | ||||||
14 | reside within the
territorial jurisdiction of this Act. Eleven | ||||||
15 | members shall
constitute a
quorum , and the Board may not meet | ||||||
16 | or take any action without a quorum present . The public | ||||||
17 | members shall be persons of recognized ability and
experience | ||||||
18 | in one or more of the following areas: economic development,
| ||||||
19 | finance, banking, industrial development, small business | ||||||
20 | management, real
estate development, community development, | ||||||
21 | venture finance, organized labor
or civic, community or | ||||||
22 | neighborhood organization. The Chairman of the
Authority shall | ||||||
23 | be elected by the Board annually from the 9 members
appointed | ||||||
24 | by the county board chairmen.
| ||||||
25 | (c) The terms of all initial members of the Authority | ||||||
26 | shall begin 30
days after
the effective date of this Act. Of |
| |||||||
| |||||||
1 | the 14 public members appointed
pursuant to this Act, 4 | ||||||
2 | appointed by the Governor shall serve until the
third Monday | ||||||
3 | in January, 1992, 4 appointed by the Governor shall serve
| ||||||
4 | until the third Monday in January, 1993, one appointed by the | ||||||
5 | Governor
shall serve until the third Monday in January, 1994, | ||||||
6 | one appointed by the
Governor shall serve until the third | ||||||
7 | Monday in January 1999, the member
appointed by the county | ||||||
8 | board chairman of LaSalle County shall serve until the
third | ||||||
9 | Monday in January, 1992, the members appointed by the county
| ||||||
10 | board
chairmen of Grundy County, Bureau County, Putnam County, | ||||||
11 | and Marshall
County shall serve until the third Monday in | ||||||
12 | January, 1994, and the
member appointed by the county board | ||||||
13 | chairman of Kendall County
shall serve until the third Monday | ||||||
14 | in January, 1999.
The initial members appointed by the | ||||||
15 | chairmen of the county boards
of Kane and McHenry counties | ||||||
16 | shall serve until
the third Monday in January, 2003. The | ||||||
17 | initial members appointed by the chairman of the county board
| ||||||
18 | of Lake County shall serve until
the third Monday in January, | ||||||
19 | 2018.
All successors shall be
appointed by the original | ||||||
20 | appointing authority and hold office for a term
of 3 years | ||||||
21 | commencing the third Monday in January of the year in which
| ||||||
22 | their term commences, except in case of an appointment to fill | ||||||
23 | a vacancy.
Vacancies occurring among the public members shall | ||||||
24 | be filled for the
remainder of the term. In case of vacancy in | ||||||
25 | a Governor-appointed
membership when the Senate is not in | ||||||
26 | session, the Governor may make a
temporary appointment until |
| |||||||
| |||||||
1 | the next meeting of the Senate when a person
shall be nominated | ||||||
2 | to fill such office, and any person so nominated who is
| ||||||
3 | confirmed by the Senate shall hold office during the remainder | ||||||
4 | of the term
and until a successor shall be appointed and | ||||||
5 | qualified. Members of the
Authority shall not be entitled to | ||||||
6 | compensation for their services as
members but shall be | ||||||
7 | entitled to reimbursement for all necessary expenses
incurred | ||||||
8 | in connection with the performance of their duties as members.
| ||||||
9 | (d) The Governor may remove any public member of the | ||||||
10 | Authority in case
of incompetency, neglect of duty, or | ||||||
11 | malfeasance in office.
| ||||||
12 | (e) The Board shall appoint an Executive Director who | ||||||
13 | shall have a
background in finance, including familiarity with | ||||||
14 | the legal and
procedural requirements of issuing bonds, real | ||||||
15 | estate or economic
development and administration. The | ||||||
16 | Executive Director shall hold office
at the discretion of the | ||||||
17 | Board. The Executive Director shall be the chief
| ||||||
18 | administrative and operational officer of the Authority, shall | ||||||
19 | direct
and supervise its administrative affairs and general | ||||||
20 | management, shall perform
such other duties as may be | ||||||
21 | prescribed from time to time by the members and
shall receive | ||||||
22 | compensation fixed by the Authority. The Executive Director
| ||||||
23 | shall attend all meetings of the Authority; however, no action | ||||||
24 | of the
Authority shall be invalid on account of the absence of | ||||||
25 | the Executive
Director from a meeting. The Authority may | ||||||
26 | engage the services of such
other agents and employees, |
| |||||||
| |||||||
1 | including attorneys, appraisers, engineers,
accountants, | ||||||
2 | credit analysts and other consultants, as it may deem
| ||||||
3 | advisable and may prescribe their duties and fix their | ||||||
4 | compensation.
| ||||||
5 | (f) The Board may, by majority vote, nominate up to 4 | ||||||
6 | non-voting members
for appointment by the Governor. Non-voting | ||||||
7 | members shall be persons of
recognized ability and experience | ||||||
8 | in one or more of the following areas:
economic development, | ||||||
9 | finance, banking, industrial development, small
business | ||||||
10 | management, real estate development, community development,
| ||||||
11 | venture finance, organized labor or civic, community or | ||||||
12 | neighborhood
organization. Non-voting members shall serve at | ||||||
13 | the pleasure of the Board.
All non-voting members may attend | ||||||
14 | meetings of the Board and shall be
reimbursed as provided in | ||||||
15 | subsection (c).
| ||||||
16 | (g) The Board shall create a task force to study and make
| ||||||
17 | recommendations to the Board on the economic development of | ||||||
18 | the territory
within the jurisdiction of this Act. The members | ||||||
19 | of the task force shall
reside within the territorial | ||||||
20 | jurisdiction of this Act, shall serve at the
pleasure of the | ||||||
21 | Board and shall be persons of recognized ability and
| ||||||
22 | experience in one or more of the following areas: economic | ||||||
23 | development,
finance, banking, industrial development, small | ||||||
24 | business management, real
estate development, community | ||||||
25 | development, venture finance, organized labor
or civic, | ||||||
26 | community or neighborhood organization. The number of members
|
| |||||||
| |||||||
1 | constituting the task force shall be set by the Board and may | ||||||
2 | vary from
time to time. The Board may set a specific date by | ||||||
3 | which the task force is
to submit its final report and | ||||||
4 | recommendations to the Board.
| ||||||
5 | (Source: P.A. 99-499, eff. 1-29-16.)
| ||||||
6 | (70 ILCS 530/5.1 new) | ||||||
7 | Sec. 5.1. Requests for assistance; disclosure of economic | ||||||
8 | interests. | ||||||
9 | (a) The Authority may not hear a request for assistance | ||||||
10 | from a restricted person. This prohibition extends to business | ||||||
11 | relationships between a person who is an Authority leader | ||||||
12 | within one year prior to the request for assistance and to any | ||||||
13 | entity in which a restricted person holds or, within the past 2 | ||||||
14 | years, held an ownership interest of 10% or more. | ||||||
15 | (b) An Authority leader shall disclose and recuse himself | ||||||
16 | or herself from matters relating to requests for assistance | ||||||
17 | from an entity that is relocating full-time employees from | ||||||
18 | another Authority's counties if (i) both Authorities contract | ||||||
19 | with or employ the same Authority leader or (ii) there is or, | ||||||
20 | within the past 2 years of the request, there was a business | ||||||
21 | relationship between the Authority leaders at the 2 | ||||||
22 | Authorities. | ||||||
23 | (c) The Board of the Authority shall vote to renew the | ||||||
24 | appointment of the Executive Director and other Authority | ||||||
25 | leaders on an annual basis. All contracts shall be approved on |
| |||||||
| |||||||
1 | an annual basis and use a public process to solicit | ||||||
2 | applications. This requirement does not apply to full-time | ||||||
3 | employees of the Authority unless otherwise required by | ||||||
4 | applicable State law or local ordinance. | ||||||
5 | (d) Each Authority leader shall submit a statement of | ||||||
6 | economic interest in accordance with Article 4A of the | ||||||
7 | Illinois Governmental Ethics Act. Additionally, each Authority | ||||||
8 | leader shall disclose to the Board outside sources of income | ||||||
9 | and any business relationships in economic development | ||||||
10 | consulting or lobbying. Reporting shall include the source of | ||||||
11 | income, services provided, and timeline of when services were | ||||||
12 | provided. If the source of income is a firm or organization | ||||||
13 | with multiple clients, the report shall list all of the | ||||||
14 | entities for which the individual provided services.
| ||||||
15 | (70 ILCS 530/5.2 new) | ||||||
16 | Sec. 5.2. Open meetings; record disclosure. | ||||||
17 | (a) The Authority is subject to the Open Meetings Act and | ||||||
18 | the Freedom of Information Act. Documents subject to the | ||||||
19 | Freedom of Information Act include, but are not limited to, | ||||||
20 | expenses,
payroll, origination bonuses, and other financial | ||||||
21 | details of the Authority. | ||||||
22 | (b) A contract or agreement entered into by the Authority | ||||||
23 | must be posted on the Authority's website. The Authority shall | ||||||
24 | provide a detailed report of the Authority's financial | ||||||
25 | information on the Authority's website, including, but not |
| |||||||
| |||||||
1 | limited to, a statement of profits and losses, balance sheet, | ||||||
2 | and income statement of the Authority.
| ||||||
3 | (70 ILCS 530/14) (from Ch. 85, par. 7164)
| ||||||
4 | Sec. 14. Reports ; commitment notice . The Authority shall | ||||||
5 | annually submit a report of
its finances to the Auditor | ||||||
6 | General. The Authority shall annually submit a
report of its | ||||||
7 | activities to the Governor and General Assembly.
| ||||||
8 | The Authority shall provide notice to the General | ||||||
9 | Assembly, the Department of Commerce and Economic Opportunity, | ||||||
10 | and the Governor once the Authority enters into a commitment | ||||||
11 | to support the financing of a project. The notice to the | ||||||
12 | General Assembly shall be filed with the Clerk of the House of | ||||||
13 | Representatives and the Secretary of the Senate, in electronic | ||||||
14 | form only, in the manner that the Clerk and the Secretary shall | ||||||
15 | direct. | ||||||
16 | (Source: P.A. 86-1024.)
| ||||||
17 | Section 65. The Illinois Urban Development Authority Act | ||||||
18 | is amended by changing Sections 3, 4, 5, and 6 as follows:
| ||||||
19 | (70 ILCS 531/3)
| ||||||
20 | Sec. 3. Definitions. The following terms, whenever used or | ||||||
21 | referred to in this Act, shall have the following meanings, | ||||||
22 | except in such instances where the context may clearly | ||||||
23 | indicate otherwise: |
| |||||||
| |||||||
1 | "Authority" means the Illinois Urban Development Authority | ||||||
2 | created by this Act.
| ||||||
3 | "Authority leader" means the Executive Director, Assistant | ||||||
4 | Executive Director, or any other person serving in a | ||||||
5 | management, administrative, or leadership role at the | ||||||
6 | Authority. | ||||||
7 | "Board" means the Illinois Urban Development Authority | ||||||
8 | Board of Directors. | ||||||
9 | "Bonds" shall include bonds, notes, or other evidence of | ||||||
10 | indebtedness. | ||||||
11 | "Commercial project" means any project, including but not | ||||||
12 | limited to one or more buildings and other structures, | ||||||
13 | improvements, machinery, and equipment whether or not on the | ||||||
14 | same site or sites now existing or hereafter acquired, | ||||||
15 | suitable for use by any retail or wholesale concern, | ||||||
16 | distributorship, or agency, any cultural facilities of a | ||||||
17 | for-profit or not-for-profit type including but not limited to | ||||||
18 | educational, theatrical, recreational and entertainment, | ||||||
19 | sports facilities, racetracks, stadiums, convention centers, | ||||||
20 | exhibition halls, arenas, opera houses and theaters, | ||||||
21 | waterfront improvements, swimming pools, boat storage, | ||||||
22 | moorage, docking facilities, restaurants, coliseums, sports | ||||||
23 | training facilities, parking facilities, terminals, hotels and | ||||||
24 | motels, gymnasiums, medical facilities, and port facilities. | ||||||
25 | "Costs incurred in connection with the development, | ||||||
26 | construction, acquisition, or improvement of a project" means |
| |||||||
| |||||||
1 | the cost of purchase and construction of all lands and | ||||||
2 | improvements in connection with a project and equipment and | ||||||
3 | other property, rights, easements, and franchises acquired | ||||||
4 | that are deemed necessary for such construction; financing | ||||||
5 | charges; interest costs with respect to bonds, notes, and | ||||||
6 | other evidences of indebtedness of the Authority prior to and | ||||||
7 | during construction and for a period of 6 months thereafter; | ||||||
8 | engineering and legal expenses; the costs of plans, | ||||||
9 | specifications, surveys, and estimates of costs and other | ||||||
10 | expenses necessary or incident to determining the feasibility | ||||||
11 | or practicability of any project, together with such other | ||||||
12 | expenses as may be necessary or incident to the financing, | ||||||
13 | insuring, acquisition, and construction of a specific project | ||||||
14 | and the placing of the same in operation. | ||||||
15 | "Develop" or "development" means to do one or more of the | ||||||
16 | following: plan, design, develop, lease, acquire, install, | ||||||
17 | construct, reconstruct, rehabilitate, extend, or expand. | ||||||
18 | "Financial aid" means the expenditure of Authority funds | ||||||
19 | or funds provided by the Authority through the issuance of its | ||||||
20 | revenue bonds, notes, or other evidences of indebtedness for | ||||||
21 | the development, construction, acquisition, or improvement of | ||||||
22 | a project. | ||||||
23 | "Governmental agency" means any federal, State or local | ||||||
24 | governmental body, and any agency or instrumentality thereof, | ||||||
25 | corporate or otherwise.
| ||||||
26 | "Governor" means the Governor of the State of Illinois. |
| |||||||
| |||||||
1 | "Housing project" or "residential project" includes a | ||||||
2 | specific work or improvement undertaken to provide dwelling | ||||||
3 | accommodations, including the acquisition, construction, | ||||||
4 | leasing, or rehabilitation of lands, buildings, and community | ||||||
5 | facilities and in connection therewith to provide nonhousing | ||||||
6 | facilities which are an integral part of a planned large-scale | ||||||
7 | project or new community. | ||||||
8 | "Industrial project" means (1) a capital project, | ||||||
9 | including one or more buildings and other structures, | ||||||
10 | improvements, machinery, and equipment whether or not on the | ||||||
11 | same site or sites now existing or hereafter acquired, | ||||||
12 | suitable for use by any manufacturing, industrial, research, | ||||||
13 | transportation, or commercial enterprise including but not | ||||||
14 | limited to use as a factory, mill, processing plant, assembly | ||||||
15 | plant, packaging plant, fabricating plant, office building, | ||||||
16 | industrial distribution center, warehouse, repair, overhaul or | ||||||
17 | service facility, freight terminal, research facility, test | ||||||
18 | facility, railroad facility, solid waste and wastewater | ||||||
19 | treatment and disposal sites and other pollution control | ||||||
20 | facilities, resource or waste reduction, recovery, treatment | ||||||
21 | and disposal facilities, and including also the sites thereof | ||||||
22 | and other rights in land therefor whether improved or | ||||||
23 | unimproved, site preparation and landscaping and all | ||||||
24 | appurtenances and facilities incidental thereto such as | ||||||
25 | utilities, access roads, railroad sidings, truck docking and | ||||||
26 | similar facilities, parking facilities, dockage, wharfage, |
| |||||||
| |||||||
1 | railroad roadbed, track, trestle, depot, terminal, switching, | ||||||
2 | and signaling equipment or related equipment and other | ||||||
3 | improvements necessary or convenient thereto; or (2) any land, | ||||||
4 | buildings, machinery or equipment comprising an addition to or | ||||||
5 | renovation, rehabilitation or improvement of any existing | ||||||
6 | capital project. | ||||||
7 | "Lease agreement" means an agreement whereby a project | ||||||
8 | acquired by the Authority by purchase, gift, or lease is | ||||||
9 | leased to any person or corporation that will use or cause the | ||||||
10 | project to be used as a project as defined in this Act upon | ||||||
11 | terms providing for lease rental payments at least sufficient | ||||||
12 | to pay when due all principal of and interest and premium, if | ||||||
13 | any, on any bonds, notes or other evidences of indebtedness of | ||||||
14 | the Authority issued with respect to such project, providing | ||||||
15 | for the maintenance, insurance, and operation of the project | ||||||
16 | on terms satisfactory to the Authority, and providing for | ||||||
17 | disposition of the project upon termination of the lease term, | ||||||
18 | including purchase options or abandonment of the premises, | ||||||
19 | with such other terms as may be deemed desirable by the | ||||||
20 | Authority. The Authority may, directly or indirectly, lease or | ||||||
21 | otherwise transfer property the Authority owns to another and | ||||||
22 | such leased property shall remain tax exempt. | ||||||
23 | "Loan agreement" means any agreement pursuant to which the | ||||||
24 | Authority agrees to loan the proceeds of its bonds, notes, or | ||||||
25 | other evidences of indebtedness issued with respect to a | ||||||
26 | project to any person or corporation that will use or cause the |
| |||||||
| |||||||
1 | project to be used as a project as defined in this Act upon | ||||||
2 | terms providing for loan repayment installments at least | ||||||
3 | sufficient to pay when due all principal and interest and | ||||||
4 | premium, if any, on any bonds, notes, or other evidences of | ||||||
5 | indebtedness of the Authority issued with respect to the | ||||||
6 | project, providing for maintenance, insurance, and operation | ||||||
7 | of the project on terms satisfactory to the Authority and | ||||||
8 | providing for other matters as may be deemed advisable by the | ||||||
9 | Authority. | ||||||
10 | "Maintain" or "maintenance" includes ordinary maintenance, | ||||||
11 | repair, rehabilitation, capital maintenance, maintenance | ||||||
12 | replacement, and any other categories of maintenance that may | ||||||
13 | be designated by the local, regional, or State transportation | ||||||
14 | agency. | ||||||
15 | "Municipal poverty rate" is the percentage of total | ||||||
16 | population of the municipality having income levels below the | ||||||
17 | poverty level as determined by the Authority based upon the | ||||||
18 | most recent data released by the United States Census Bureau | ||||||
19 | before the beginning of such calendar year.
| ||||||
20 | "Occupational license" means a license issued by the | ||||||
21 | Illinois Gaming Board to a person or entity to perform an | ||||||
22 | occupation which the Illinois Gaming Board has identified as | ||||||
23 | requiring a license to engage in riverboat, dockside, or | ||||||
24 | land-based gambling in Illinois. | ||||||
25 | "Operate" or "operation" means to do one or more of the | ||||||
26 | following: maintain, improve, equip, modify, or otherwise |
| |||||||
| |||||||
1 | operate. | ||||||
2 | "Person" means any natural person, firm, partnership, | ||||||
3 | corporation, both domestic and foreign, company, association, | ||||||
4 | or joint stock association and includes any trustee, receiver, | ||||||
5 | assignee, or personal representative thereof.
| ||||||
6 | "Project" means an industrial, housing, residential, | ||||||
7 | commercial, transportation, or service project, or any | ||||||
8 | combination thereof, provided that all uses shall fall within | ||||||
9 | one of those categories. Any project, of any nature | ||||||
10 | whatsoever, shall automatically include all site improvements | ||||||
11 | and new construction involving sidewalks, sewers, solid waste | ||||||
12 | and wastewater treatment and disposal sites and other | ||||||
13 | pollution control facilities, resource or waste reduction, | ||||||
14 | recovery, treatment and disposal facilities, parks, open | ||||||
15 | spaces, wildlife sanctuaries, streets, highways, and runways. | ||||||
16 | "Restricted person" means a person who has a familial or | ||||||
17 | business relationship with an Authority leader. | ||||||
18 | "Revenue bond" means any bond issued by the Authority | ||||||
19 | under the supervision of the Illinois Finance Authority, the | ||||||
20 | principal and interest of which are payable solely from | ||||||
21 | revenues or income derived from any project or activity of the | ||||||
22 | Authority. | ||||||
23 | "Transportation facility" means any new or existing road, | ||||||
24 | highway, toll highway, bridge, tunnel, intermodal facility, | ||||||
25 | intercity or high-speed passenger rail, or other | ||||||
26 | transportation facility or infrastructure, excluding airports. |
| |||||||
| |||||||
1 | The term "transportation facility" may refer to one or more | ||||||
2 | transportation facilities that are proposed to be developed or | ||||||
3 | operated as part of a single transportation project. | ||||||
4 | "Transportation project" means one or more transportation | ||||||
5 | improvement projects including, but not limited to, new or | ||||||
6 | existing roads or highways, new or expanded intermodal | ||||||
7 | projects, and new or expanded transit projects, | ||||||
8 | transit-oriented development, intercity rail, and passenger | ||||||
9 | rail. "Transportation project" does not include airport | ||||||
10 | projects.
| ||||||
11 | (Source: P.A. 98-384, eff. 8-16-13.)
| ||||||
12 | (70 ILCS 531/4)
| ||||||
13 | Sec. 4. Illinois Urban Development Authority. There is | ||||||
14 | hereby created a political subdivision, body politic and | ||||||
15 | corporate by the name of Illinois Urban Development Authority. | ||||||
16 | The exercise by the Authority of the powers conferred by law | ||||||
17 | shall be an essential public function. The governing powers of | ||||||
18 | the Authority shall be vested in a body consisting of 11 | ||||||
19 | members appointed as follows: one member appointed by the | ||||||
20 | Mayor of the City of Chicago that has expertise, skill, and | ||||||
21 | experience in economic development; one member appointed by | ||||||
22 | the President of the Cook County Board that has expertise, | ||||||
23 | skill, and experience in economic development; 4 members | ||||||
24 | appointed by the Governor who are residents of a municipality, | ||||||
25 | other than a municipality with a population greater than |
| |||||||
| |||||||
1 | 1,000,000, whose municipal poverty rate is greater than 3% in | ||||||
2 | excess of the statewide average; 2 members appointed by the | ||||||
3 | Governor that have an expertise, skill, and experience in | ||||||
4 | labor relations; and 3 members appointed by the Governor that | ||||||
5 | have an expertise, skill, and experience operating a business | ||||||
6 | that is certified by the State of Illinois as a Disadvantaged | ||||||
7 | Business Enterprise, Minority Business Enterprise, or Women | ||||||
8 | Business Enterprise. | ||||||
9 | Six members shall constitute a quorum. However, when a | ||||||
10 | quorum of members of the Authority is physically present at | ||||||
11 | the meeting site, other Authority members may participate in | ||||||
12 | and act at any meeting through the use of a conference | ||||||
13 | telephone or other communications equipment by means of which | ||||||
14 | all persons participating in the meeting can hear each other. | ||||||
15 | Participation in such meeting shall constitute attendance and | ||||||
16 | presence in person at the meeting of the person or persons so | ||||||
17 | participating. The Chairman of the Authority shall be elected | ||||||
18 | by the Authority. All board members shall be persons of | ||||||
19 | recognized ability and experience in one or more of the | ||||||
20 | following areas: economic development, finance, banking, | ||||||
21 | industrial development, small business management, real estate | ||||||
22 | development, community development, venture finance, | ||||||
23 | construction, and labor relations. The Board may not meet or | ||||||
24 | take any action unless the quorum of 6 members are physically | ||||||
25 | present, are present by phone, or are otherwise present as | ||||||
26 | required by this paragraph. |
| |||||||
| |||||||
1 | The terms of all members of the Authority shall begin 30 | ||||||
2 | days after the effective date of this Act. Of the 11 members | ||||||
3 | first appointed pursuant to this Act, 4 shall serve until the | ||||||
4 | third Monday in January 2011, 4 shall serve until the third | ||||||
5 | Monday in January 2012, and 3 shall serve until the third | ||||||
6 | Monday in January 2013. All board members shall hold office | ||||||
7 | for a term of 4 years commencing the third Monday in January of | ||||||
8 | the year in which their term commences, except in case of an | ||||||
9 | appointment to fill a vacancy. In case of vacancy in the office | ||||||
10 | when the Senate is not in session, the Governor may make a | ||||||
11 | temporary appointment until the next meeting of the Senate | ||||||
12 | when he shall nominate such person to fill such office, and any | ||||||
13 | person so nominated who is confirmed by the Senate, shall hold | ||||||
14 | his office during the remainder of the term and until his | ||||||
15 | successor shall be appointed and qualified. If the Senate is | ||||||
16 | not in session, the Governor may make temporary appointments | ||||||
17 | in the case of vacancies. | ||||||
18 | Members of the Authority shall not be entitled to | ||||||
19 | compensation for their
services
as members but shall be | ||||||
20 | entitled to reimbursement for all necessary expenses
incurred | ||||||
21 | in
connection with the performance of their duties as members. | ||||||
22 | The Governor may
remove
any member of the Authority in case of | ||||||
23 | incompetency, neglect of duty, or
malfeasance in office, after | ||||||
24 | service on the member of a copy of the written
charges
against | ||||||
25 | the member and an opportunity to be publicly heard in person or | ||||||
26 | by
counsel in
the his or her defense upon not less than 10 |
| |||||||
| |||||||
1 | days' notice.
| ||||||
2 | The members of the Authority shall appoint an Executive | ||||||
3 | Director, who must be
a
person knowledgeable in the areas of | ||||||
4 | financial markets and instruments and the
financing
of | ||||||
5 | business enterprises, to hold office at the pleasure of the | ||||||
6 | members. The
Executive
Director shall be the chief | ||||||
7 | administrative and operational officer of the
Authority and
| ||||||
8 | shall direct and supervise its administrative affairs and | ||||||
9 | general management
and perform
such other duties as may be | ||||||
10 | prescribed from time to time by the members and
shall
receive | ||||||
11 | compensation fixed by the Authority. The Executive Director or | ||||||
12 | any
committee of the members may carry out any | ||||||
13 | responsibilities of the members as
the
members by resolution | ||||||
14 | may delegate. The Executive Director shall attend all
meetings | ||||||
15 | of the Authority; however, no action of the Authority shall be | ||||||
16 | invalid on
account of the absence of the Executive Director | ||||||
17 | from a meeting. The Authority may
engage the services of such | ||||||
18 | other agents and employees, including attorneys, appraisers,
| ||||||
19 | engineers, accountants, credit analysts, and other | ||||||
20 | consultants, as it may deem
advisable
and may prescribe their | ||||||
21 | duties and fix their compensation.
| ||||||
22 | The Authority shall determine the municipal poverty rate | ||||||
23 | and the statewide
average municipal poverty rate annually by | ||||||
24 | using the most recent data released
by the
United States | ||||||
25 | Census Bureau before the beginning of each calendar year. The
| ||||||
26 | Authority
shall have the sole and exclusive authority to |
| |||||||
| |||||||
1 | determine the municipal poverty
rate and
the statewide average | ||||||
2 | municipal poverty rate and to determine whether a
| ||||||
3 | municipality's
poverty rate is greater than 3% in excess of | ||||||
4 | the statewide average so long as
the
determination is based on | ||||||
5 | the most recent data released by the United States
Census
| ||||||
6 | Bureau.
| ||||||
7 | (Source: P.A. 96-234, eff. 1-1-10.)
| ||||||
8 | (70 ILCS 531/5)
| ||||||
9 | Sec. 5. Conflicts of interest ; requests for assistance; | ||||||
10 | disclosure of economic interests .
| ||||||
11 | (a) No member of the Authority or officer, agent, or | ||||||
12 | employee thereof
shall, in the member's own name or in the name | ||||||
13 | of a nominee, be an officer,
director, or
hold an ownership | ||||||
14 | interest in any person, association, trust,
corporation, | ||||||
15 | partnership, or other entity which is, in its own name or in | ||||||
16 | the
name of a
nominee, a party to a contract or agreement upon | ||||||
17 | which the member or officer,
agent
or employee may be called | ||||||
18 | upon to act or vote.
| ||||||
19 | (b) With respect to any direct or any indirect interest, | ||||||
20 | other than an
interest
prohibited in subsection (a), in a | ||||||
21 | contract or agreement upon which the member
or
officer, agent | ||||||
22 | or employee may be called upon to act or vote, a member of the
| ||||||
23 | Authority
or officer, agent, or employee thereof must disclose | ||||||
24 | the interest to the
secretary
of the
Authority prior to the | ||||||
25 | taking of final action by the Authority concerning the
|
| |||||||
| |||||||
1 | contract or agreement and shall disclose the nature and extent | ||||||
2 | of the
interest and his or her acquisition thereof, which | ||||||
3 | shall be publicly
acknowledged by the Authority and entered | ||||||
4 | upon the minutes of the Authority. If
a member of the Authority | ||||||
5 | or officer, agent, or employee thereof holds such an
interest | ||||||
6 | then the member shall refrain from any further official | ||||||
7 | involvement in
regard to the contract or agreement, from | ||||||
8 | voting on any matter pertaining to
the contract or agreement, | ||||||
9 | and from communicating with other members of the
Authority or | ||||||
10 | its officers, agents, and employees concerning the
contract or | ||||||
11 | agreement. Notwithstanding any other provision of law, any | ||||||
12 | contract
or agreement entered into in conformity with this | ||||||
13 | subsection shall not be
void or
invalid by reason of the | ||||||
14 | interest described in this subsection, nor shall any
person
| ||||||
15 | disclosing an interest and refraining from further official | ||||||
16 | involvement as
provided in this subsection be guilty of an | ||||||
17 | offense, be removed from office, or
be subject
to any other | ||||||
18 | penalty on account of the interest.
| ||||||
19 | (c) Any contract or agreement made in violation of | ||||||
20 | subsections (a) or (b)
shall be null and void, whether or not | ||||||
21 | the contract performance
has been authorized, and shall give | ||||||
22 | rise to no action against the Authority. No
real
estate to | ||||||
23 | which a member or employee of the Authority holds legal title | ||||||
24 | or in
which a member or employee of the Authority has
any | ||||||
25 | beneficial interest, including any interest in a land trust, | ||||||
26 | shall be
purchased by the
Authority or by a nonprofit |
| |||||||
| |||||||
1 | corporation or limited-profit entity for a
development
to be | ||||||
2 | financed under this Act.
| ||||||
3 | All members and employees of the Authority shall file | ||||||
4 | annually with the
Authority a record of all real estate in this | ||||||
5 | State to which the member or
employee holds
legal title or
in | ||||||
6 | which the member or employee has any beneficial interest, | ||||||
7 | including any
interest in a
land trust.
In the event it is | ||||||
8 | later disclosed that the Authority has purchased real
estate | ||||||
9 | in which a
member or employee had an interest, that purchase | ||||||
10 | shall be voidable by the
Authority
and the member or employee | ||||||
11 | involved shall be disqualified from membership in or
| ||||||
12 | employment by the Authority.
| ||||||
13 | (d) The Authority may not hear a request for assistance | ||||||
14 | from a restricted person. This prohibition extends to business | ||||||
15 | relationships between a person who is an Authority leader | ||||||
16 | within one year prior to the request for assistance and to any | ||||||
17 | entity in which a restricted person holds or, within the past 2 | ||||||
18 | years, held an ownership interest of 10% or more. | ||||||
19 | (e) An Authority leader shall disclose and recuse himself | ||||||
20 | or herself from matters relating to requests for assistance | ||||||
21 | from an entity that is relocating full-time employees from | ||||||
22 | another Authority's counties if (i) both Authorities contract | ||||||
23 | with or employ the same Authority leader or (ii) there is or, | ||||||
24 | within the past 2 years of the request, there was a business | ||||||
25 | relationship between the Authority leaders at the 2 | ||||||
26 | Authorities. |
| |||||||
| |||||||
1 | (f) The Board of the Authority shall vote to renew the | ||||||
2 | appointment of the Executive Director and other Authority | ||||||
3 | leaders on an annual basis. All contracts shall be approved on | ||||||
4 | an annual basis and use a public process to solicit | ||||||
5 | applications. This requirement does not apply to full-time | ||||||
6 | employees of the Authority unless otherwise required by | ||||||
7 | applicable State law or local ordinance. | ||||||
8 | (g) Each Authority leader shall submit a statement of | ||||||
9 | economic interest in accordance with Article 4A of the | ||||||
10 | Illinois Governmental Ethics Act. Additionally, each Authority | ||||||
11 | leader shall disclose to the Board outside sources of income | ||||||
12 | and any business relationships in economic development | ||||||
13 | consulting or lobbying. Reporting shall include the source of | ||||||
14 | income, services provided, and timeline of when services were | ||||||
15 | provided. If the source of income is a firm or organization | ||||||
16 | with multiple clients, the report shall list all of the | ||||||
17 | entities for which the individual provided services. | ||||||
18 | (Source: P.A. 96-234, eff. 1-1-10.)
| ||||||
19 | (70 ILCS 531/6)
| ||||||
20 | Sec. 6. Records , and reports , and notices of the | ||||||
21 | Authority. The secretary shall keep a
record of the | ||||||
22 | proceedings of the Authority. The treasurer of the Authority
| ||||||
23 | shall be
custodian of all Authority funds, and shall be bonded | ||||||
24 | in such amount as the
other
members of the Authority may | ||||||
25 | designate. The accounts and bonds of the Authority
shall
be |
| |||||||
| |||||||
1 | set up and maintained in a manner approved by the Auditor | ||||||
2 | General, and the
Authority
shall file with the Auditor General | ||||||
3 | a certified annual report within 120 days
after the
close of | ||||||
4 | its fiscal year. The Authority shall also file with the | ||||||
5 | Governor, the
Secretary of
the Senate, the Clerk of the House | ||||||
6 | of Representatives, and the Commission on Government | ||||||
7 | Forecasting and Accountability, by March 1 of each year, a | ||||||
8 | written report
covering
its activities and any activities of | ||||||
9 | any instrumentality corporation
established under
this Act for | ||||||
10 | the previous fiscal year. In its report to be filed by March 1,
| ||||||
11 | 2010, the
Authority shall present an economic development | ||||||
12 | strategy for all municipalities
with a
municipal poverty rate | ||||||
13 | greater than 3% in excess of the statewide average, the
| ||||||
14 | Authority
shall make modifications in the economic development | ||||||
15 | strategy for the 4 years
beginning on the next ensuing July 1, | ||||||
16 | to reflect changes in economic conditions
or
other factors, | ||||||
17 | including the policies of the Authority and the State of
| ||||||
18 | Illinois. It
shall also present an economic development | ||||||
19 | strategy for the fifth year
beginning after the
next ensuing | ||||||
20 | July 1. The strategy shall recommend specific legislative and
| ||||||
21 | administrative action by the State, the Authority, units of | ||||||
22 | local government,
or
other governmental agencies. These | ||||||
23 | recommendations may include, but are not
limited to, new | ||||||
24 | programs, modifications to existing programs, credit
| ||||||
25 | enhancements for bonds issued by the Authority, and amendments | ||||||
26 | to this Act.
When filed, the report shall be a public record |
| |||||||
| |||||||
1 | and open for inspection at the
offices of the Authority during | ||||||
2 | normal business hours.
| ||||||
3 | The Authority is subject to the Open Meetings Act and the | ||||||
4 | Freedom of Information Act. Documents subject to the Freedom | ||||||
5 | of Information Act include, but are not limited to, expenses,
| ||||||
6 | payroll, origination bonuses, and other financial details of | ||||||
7 | the Authority. | ||||||
8 | A contract or agreement entered into by the Authority must | ||||||
9 | be posted on the Authority's website. The Authority shall | ||||||
10 | provide a detailed report of the Authority's financial | ||||||
11 | information on the Authority's website, including, but not | ||||||
12 | limited to, a statement of profits and losses, balance sheet, | ||||||
13 | and income statement of the Authority. | ||||||
14 | The Authority shall provide notice to the General | ||||||
15 | Assembly, the Department of Commerce and Economic Opportunity, | ||||||
16 | and the Governor once the Authority enters into a commitment | ||||||
17 | to support the financing of a project. The notice to the | ||||||
18 | General Assembly shall be filed with the Clerk of the House of | ||||||
19 | Representatives and the Secretary of the Senate, in electronic | ||||||
20 | form only, in the manner that the Clerk and the Secretary shall | ||||||
21 | direct. | ||||||
22 | (Source: P.A. 100-1148, eff. 12-10-18.)
| ||||||
23 | Section 70. The Western Illinois Economic Development | ||||||
24 | Authority Act is amended by changing Sections 15, 20, and 75 | ||||||
25 | and by adding Sections 26 and 27 as follows:
|
| |||||||
| |||||||
1 | (70 ILCS 532/15) | ||||||
2 | Sec. 15. Definitions. In this Act:
| ||||||
3 | "Authority" means the Western Illinois Economic | ||||||
4 | Development Authority.
| ||||||
5 | "Authority leader" means the Executive Director, Assistant | ||||||
6 | Executive Director, or any other person serving in a | ||||||
7 | management, administrative, or leadership role at the | ||||||
8 | Authority. | ||||||
9 | "Governmental agency" means any federal, State, or local | ||||||
10 | governmental body
and any agency or
instrumentality thereof, | ||||||
11 | corporate or otherwise.
| ||||||
12 | "Person" means any natural person, firm, partnership, | ||||||
13 | corporation, both
domestic and foreign,
company, association | ||||||
14 | or joint stock association and includes any trustee,
receiver, | ||||||
15 | assignee or personal
representative thereof.
| ||||||
16 | "Restricted person" means a person who has a familial or | ||||||
17 | business relationship with an Authority leader. | ||||||
18 | "Revenue bond" means any bond issued by the Authority, the | ||||||
19 | principal and
interest of which is payable
solely from | ||||||
20 | revenues or income derived from any project or activity of the
| ||||||
21 | Authority.
| ||||||
22 | "Board" means the Board of Directors of the Western | ||||||
23 | Illinois Economic
Development Authority.
| ||||||
24 | "Governor" means the Governor of the State of Illinois.
| ||||||
25 | "City" means any city, village, incorporated town, or |
| |||||||
| |||||||
1 | township within the
geographical territory of the
Authority.
| ||||||
2 | "Industrial project" means the following:
| ||||||
3 | (1) a capital project, including one or more buildings | ||||||
4 | and other
structures, improvements,
machinery and | ||||||
5 | equipment whether or not on the same site or sites now | ||||||
6 | existing
or hereafter acquired,
suitable for use by any | ||||||
7 | manufacturing, industrial, research, transportation or
| ||||||
8 | commercial enterprise
including but not limited to use as | ||||||
9 | a factory, mill, processing plant, assembly
plant, | ||||||
10 | packaging plant,
fabricating plant, ethanol plant, office | ||||||
11 | building, industrial distribution
center, warehouse,
| ||||||
12 | repair, overhaul or service
facility, freight terminal, | ||||||
13 | research facility, test facility, railroad
facility, port | ||||||
14 | facility, solid waste and wastewater
treatment and | ||||||
15 | disposal sites and other pollution control facilities, | ||||||
16 | resource
or waste reduction, recovery,
treatment and | ||||||
17 | disposal facilities, and including also the sites thereof | ||||||
18 | and
other rights in land therefore
whether improved or | ||||||
19 | unimproved, site preparation and landscaping and all
| ||||||
20 | appurtenances and facilities
incidental thereto such as | ||||||
21 | utilities, access roads, railroad sidings, truck
docking | ||||||
22 | and similar facilities,
parking facilities, dockage, | ||||||
23 | wharfage, railroad roadbed, track, trestle, depot,
| ||||||
24 | terminal, switching and
signaling equipment or related | ||||||
25 | equipment and other improvements necessary or
convenient | ||||||
26 | thereto; or
|
| |||||||
| |||||||
1 | (2) any land, buildings, machinery or equipment | ||||||
2 | comprising an addition to or
renovation,
rehabilitation or | ||||||
3 | improvement of any existing capital project.
| ||||||
4 | "Housing project" or "residential project" includes a | ||||||
5 | specific work or improvement undertaken to provide dwelling | ||||||
6 | accommodations, including the acquisition, construction or | ||||||
7 | rehabilitation of lands, buildings and community facilities | ||||||
8 | and in connection therewith to provide nonhousing facilities | ||||||
9 | which are an integral part of a planned large-scale project or | ||||||
10 | new community. | ||||||
11 | "Commercial project" means any project, including, but not | ||||||
12 | limited to, one or
more buildings and other
structures, | ||||||
13 | improvements, machinery, and equipment, whether or not on the | ||||||
14 | same
site or sites now existing
or hereafter acquired, | ||||||
15 | suitable for use by any retail or wholesale concern,
| ||||||
16 | distributorship, or agency.
| ||||||
17 | "Project" means an industrial, housing, residential, | ||||||
18 | commercial, or service
project, or any combination
thereof, | ||||||
19 | provided that all uses fall within one of the categories | ||||||
20 | described
above. Any project automatically
includes all site | ||||||
21 | improvements and new construction involving sidewalks,
sewers, | ||||||
22 | solid waste and
wastewater treatment and disposal sites and | ||||||
23 | other pollution control facilities,
resource or waste | ||||||
24 | reduction,
recovery, treatment and disposal facilities, parks, | ||||||
25 | open spaces, wildlife
sanctuaries, streets, highways, and
| ||||||
26 | runways.
|
| |||||||
| |||||||
1 | "Lease agreement" means an agreement in which a project | ||||||
2 | acquired by the
Authority by purchase, gift,
or lease is | ||||||
3 | leased to any person or corporation that will use, or cause the
| ||||||
4 | project to be used, as a project,
upon terms providing for | ||||||
5 | lease rental payments at least sufficient to pay, when due, | ||||||
6 | all principal of and
interest and premium, if any, on any | ||||||
7 | bonds, notes, or other evidences of indebtedness of the | ||||||
8 | Authority,
issued with respect to the project, providing for | ||||||
9 | the maintenance, insurance, and operation of the project on
| ||||||
10 | terms satisfactory to the Authority and providing for | ||||||
11 | disposition of the project upon termination of the lease
term, | ||||||
12 | including purchase options or abandonment of the premises, | ||||||
13 | with other terms as may be deemed
desirable by the Authority.
| ||||||
14 | "Loan agreement" means any agreement in which the | ||||||
15 | Authority agrees to loan
the proceeds of its bonds,
notes, or | ||||||
16 | other evidences of indebtedness, issued with respect to a | ||||||
17 | project, to
any person or corporation
which will use or cause | ||||||
18 | the project to be used as a project, upon terms
providing for | ||||||
19 | loan repayment
installments at least sufficient to pay, when | ||||||
20 | due, all principal of and
interest and premium, if any, on any
| ||||||
21 | bonds, notes, or other evidences of indebtedness of the | ||||||
22 | Authority issued with
respect to the project,
providing for | ||||||
23 | maintenance, insurance, and operation of the project on terms
| ||||||
24 | satisfactory to the Authority
and providing for other terms | ||||||
25 | deemed advisable by the Authority.
| ||||||
26 | "Financial aid" means the expenditure of Authority funds |
| |||||||
| |||||||
1 | or funds provided by
the Authority for the
development, | ||||||
2 | construction, acquisition or improvement of a project, through | ||||||
3 | the
issuance of revenue bonds,
notes, or other evidences of | ||||||
4 | indebtedness.
| ||||||
5 | "Costs incurred in connection with
the development, | ||||||
6 | construction, acquisition or improvement of a
project" means | ||||||
7 | the following:
| ||||||
8 | (1) the cost of purchase and construction of all lands | ||||||
9 | and improvements in
connection therewith and
equipment and | ||||||
10 | other property, rights, easements, and franchises acquired | ||||||
11 | which
are deemed necessary for
the construction;
| ||||||
12 | (2) financing charges;
| ||||||
13 | (3) interest costs with respect to bonds, notes, and | ||||||
14 | other evidences of
indebtedness of the Authority
prior to | ||||||
15 | and during construction and for a period of 6 months | ||||||
16 | thereafter;
| ||||||
17 | (4) engineering and legal expenses; and
| ||||||
18 | (5) the costs of plans, specifications, surveys, and | ||||||
19 | estimates of costs and
other expenses necessary or
| ||||||
20 | incident to determining the feasibility or practicability | ||||||
21 | of any project,
together with such other expenses as
may | ||||||
22 | be necessary or incident to the financing, insuring, | ||||||
23 | acquisition, and
construction of a specific project
and | ||||||
24 | the placing of the same in operation.
| ||||||
25 | (Source: P.A. 98-750, eff. 1-1-15 .)
|
| |||||||
| |||||||
1 | (70 ILCS 532/20)
| ||||||
2 | Sec. 20. Creation.
| ||||||
3 | (a) There is created a political subdivision, body | ||||||
4 | politic, and municipal
corporation named the Western
Illinois | ||||||
5 | Economic Development Authority. The territorial jurisdiction | ||||||
6 | of the
Authority is that geographic
area within the boundaries | ||||||
7 | of the following counties: Warren,
Henderson, Hancock,
| ||||||
8 | McDonough, Fulton, Mason, Cass, Schuyler, Brown, Adams, Scott, | ||||||
9 | Morgan,
and Pike and any
navigable waters and
air space | ||||||
10 | located therein.
| ||||||
11 | (b) The governing and administrative powers of the | ||||||
12 | Authority shall be vested
in a body consisting of 21
members as | ||||||
13 | follows:
| ||||||
14 | (1) Ex officio members. The Director of Commerce and
| ||||||
15 | Economic Opportunity, or
a designee of that Department, | ||||||
16 | and the Director of Central
Management Services, or a
| ||||||
17 | designee of that Department, shall serve as ex officio | ||||||
18 | members.
| ||||||
19 | (2) Public members. Six members shall be appointed by | ||||||
20 | the Governor with the advice and
consent of the Senate. | ||||||
21 | The county board chairmen of the following counties
shall | ||||||
22 | each appoint one
member: Warren, Henderson, Hancock, | ||||||
23 | McDonough, Fulton, Mason,
Cass, Schuyler, Brown,
Adams, | ||||||
24 | Scott, Morgan, and Pike. All public members shall reside | ||||||
25 | within
the territorial
jurisdiction of the Authority.
The | ||||||
26 | public members shall be persons of recognized ability and |
| |||||||
| |||||||
1 | experience in one
or more of the following
areas: economic | ||||||
2 | development, finance, banking, industrial development, | ||||||
3 | state or
local government, commercial agriculture, small
| ||||||
4 | business management, real
estate development, community | ||||||
5 | development, venture finance, organized labor, or
civic or | ||||||
6 | community
organization.
| ||||||
7 | (c) 11 members shall constitute a quorum , and the Board | ||||||
8 | may not meet or take any action without a quorum present .
| ||||||
9 | (d) The chairman of the Authority shall be elected | ||||||
10 | annually by the Board and must be a public member that resides | ||||||
11 | within the territorial jurisdiction of the Authority.
| ||||||
12 | (e) The terms of all initial members of the Authority | ||||||
13 | shall begin 30 days
after the effective date of this
Act.
Of | ||||||
14 | the 6 original public members appointed by the Governor, 2
| ||||||
15 | shall serve until the third Monday in January, 2005; 1 shall | ||||||
16 | serve until the
third Monday in January, 2006; 1 shall serve | ||||||
17 | until the third Monday in January,
2007; 1 shall serve until | ||||||
18 | the third Monday in January, 2008; and 1 shall serve
until the | ||||||
19 | third Monday in January, 2009. The initial terms of the | ||||||
20 | original public members appointed by the county board chairmen | ||||||
21 | shall be determined by lot, according to the following | ||||||
22 | schedule: (i) 3 shall serve until the third Monday in January, | ||||||
23 | 2005, (ii) 3 shall serve until the third Monday in January, | ||||||
24 | 2006, (iii) 3 shall serve until the third Monday in January, | ||||||
25 | 2007, (iv) 2 shall serve until the third Monday in January, | ||||||
26 | 2008, and (v) 2 shall serve until the third Monday in January, |
| |||||||
| |||||||
1 | 2009. All successors to these original
public
members shall be | ||||||
2 | appointed by the original appointing authority and all | ||||||
3 | appointments made by the Governor shall be made with the | ||||||
4 | advice and consent of the Senate, pursuant to subsection (b), | ||||||
5 | and shall hold office for a term of 6 years
commencing the | ||||||
6 | third Monday in January of the year in which their term
| ||||||
7 | commences, except in the case of an appointment to fill a | ||||||
8 | vacancy.
Vacancies occurring among the public members shall be | ||||||
9 | filled for the
remainder of the term. In case of
vacancy in a | ||||||
10 | Governor-appointed membership when the Senate is not in | ||||||
11 | session,
the Governor may make a
temporary appointment until | ||||||
12 | the next meeting of the Senate when a person shall
be nominated | ||||||
13 | to fill the
office and, upon confirmation by the Senate, he or | ||||||
14 | she shall hold office during
the remainder of the term
and | ||||||
15 | until a successor is appointed and qualified. Members of the | ||||||
16 | Authority are
not entitled to
compensation for their services | ||||||
17 | as members but are entitled to reimbursement
for all necessary | ||||||
18 | expenses
incurred in connection with the performance of their | ||||||
19 | duties as members.
| ||||||
20 | (f) The Governor may remove any public member of the | ||||||
21 | Authority in case of
incompetence, neglect of
duty, or | ||||||
22 | malfeasance in office. The chairman of a county board may | ||||||
23 | remove any
public member appointed
by that chairman in the | ||||||
24 | case of incompetence, neglect of duty, or malfeasance
in | ||||||
25 | office.
| ||||||
26 | (g) The Board shall appoint an Executive Director who |
| |||||||
| |||||||
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, perform
such other duties as may
be prescribed | ||||||
9 | from time to time by the members, and receive compensation | ||||||
10 | fixed
by the Authority. The Department of Commerce and | ||||||
11 | Community Affairs shall pay
the compensation of the Executive | ||||||
12 | Director from appropriations received for
that purpose. The
| ||||||
13 | Executive Director shall attend all meetings of the Authority. | ||||||
14 | However, no
action of the Authority shall be
invalid on | ||||||
15 | account of the absence of the Executive Director from a | ||||||
16 | meeting. The
Authority may engage
the services of
the Illinois | ||||||
17 | Finance Authority, attorneys, appraisers, engineers, | ||||||
18 | accountants,
credit analysts, and other consultants if the | ||||||
19 | Western Illinois Economic
Development Authority deems it | ||||||
20 | advisable.
| ||||||
21 | (Source: P.A. 93-874, eff. 8-6-04.)
| ||||||
22 | (70 ILCS 532/26 new) | ||||||
23 | Sec. 26. Requests for assistance; disclosure of economic | ||||||
24 | interests. | ||||||
25 | (a) The Authority may not hear a request for assistance |
| |||||||
| |||||||
1 | from a restricted person. This prohibition extends to business | ||||||
2 | relationships between a person who is an Authority leader | ||||||
3 | within one year prior to the request for assistance and to any | ||||||
4 | entity in which a restricted person holds or, within the past 2 | ||||||
5 | years, held an ownership interest of 10% or more. | ||||||
6 | (b) An Authority leader shall disclose and recuse himself | ||||||
7 | or herself from matters relating to requests for assistance | ||||||
8 | from an entity that is relocating full-time employees from | ||||||
9 | another Authority's counties if (i) both Authorities contract | ||||||
10 | with or employ the same Authority leader or (ii) there is or, | ||||||
11 | within the past 2 years of the request, there was a business | ||||||
12 | relationship between the Authority leaders at the 2 | ||||||
13 | Authorities. | ||||||
14 | (c) The Board of the Authority shall vote to renew the | ||||||
15 | appointment of the Executive Director and other Authority | ||||||
16 | leaders on an annual basis. All contracts shall be approved on | ||||||
17 | an annual basis and use a public process to solicit | ||||||
18 | applications. This requirement does not apply to full-time | ||||||
19 | employees of the Authority unless otherwise required by | ||||||
20 | applicable State law or local ordinance. | ||||||
21 | (d) Each Authority leader shall submit a statement of | ||||||
22 | economic interest in accordance with Article 4A of the | ||||||
23 | Illinois Governmental Ethics Act. Additionally, each Authority | ||||||
24 | leader shall disclose to the Board outside sources of income | ||||||
25 | and any business relationships in economic development | ||||||
26 | consulting or lobbying. Reporting shall include the source of |
| |||||||
| |||||||
1 | income, services provided, and timeline of when services were | ||||||
2 | provided. If the source of income is a firm or organization | ||||||
3 | with multiple clients, the report shall list all of the | ||||||
4 | entities for which the individual provided services.
| ||||||
5 | (70 ILCS 532/27 new) | ||||||
6 | Sec. 27. Open meetings; record disclosure. | ||||||
7 | (a) The Authority is subject to the Open Meetings Act and | ||||||
8 | the Freedom of Information Act. Documents subject to the | ||||||
9 | Freedom of Information Act include, but are not limited to, | ||||||
10 | expenses,
payroll, origination bonuses, and other financial | ||||||
11 | details of the Authority. | ||||||
12 | (b) A contract or agreement entered into by the Authority | ||||||
13 | must be posted on the Authority's website. The Authority shall | ||||||
14 | provide a detailed report of the Authority's financial | ||||||
15 | information on the Authority's website, including, but not | ||||||
16 | limited to, a statement of profits and losses, balance sheet, | ||||||
17 | and income statement of the Authority.
| ||||||
18 | (70 ILCS 532/75)
| ||||||
19 | Sec. 75. Reports ; commitment notice . The Authority shall | ||||||
20 | annually submit a report of its
finances to the Auditor | ||||||
21 | General.
The Authority shall annually submit a report of its | ||||||
22 | activities to the Governor
and to the General Assembly.
| ||||||
23 | The Authority shall provide notice to the General | ||||||
24 | Assembly, the Department of Commerce and Economic Opportunity, |
| |||||||
| |||||||
1 | and the Governor once the Authority enters into a commitment | ||||||
2 | to support the financing of a project. The notice to the | ||||||
3 | General Assembly shall be filed with the Clerk of the House of | ||||||
4 | Representatives and the Secretary of the Senate, in electronic | ||||||
5 | form only, in the manner that the Clerk and the Secretary shall | ||||||
6 | direct. | ||||||
7 | (Source: P.A. 93-874, eff. 8-6-04.)
| ||||||
8 | Section 75. The Will-Kankakee Regional Development | ||||||
9 | Authority Law is amended by changing Sections 3, 4, and 13 and | ||||||
10 | by adding Sections 5.1 and 5.2 as follows:
| ||||||
11 | (70 ILCS 535/3) (from Ch. 85, par. 7453)
| ||||||
12 | Sec. 3. Definitions. The following terms, whenever used or | ||||||
13 | referred to
in this Act, shall have the following meanings, | ||||||
14 | except in such instances
where the context may clearly | ||||||
15 | indicate otherwise:
| ||||||
16 | (a) "Authority" means the Will-Kankakee Regional | ||||||
17 | Development Authority
created by this Act.
| ||||||
18 | (a-5) "Authority leader" means the Executive Director, | ||||||
19 | Assistant Executive Director, or any other person serving in a | ||||||
20 | management, administrative, or leadership role at the | ||||||
21 | Authority. | ||||||
22 | (b) "Governmental agency" means any federal, State or | ||||||
23 | local governmental
body, and any agency or instrumentality | ||||||
24 | thereof, corporate or otherwise.
|
| |||||||
| |||||||
1 | (c) "Person" means any natural person, firm, partnership, | ||||||
2 | corporation,
both domestic and foreign, company, association | ||||||
3 | or joint stock association
and includes any trustee, receiver, | ||||||
4 | assignee or personal representative
thereof.
| ||||||
5 | (c-5) "Restricted person" means a person who has a | ||||||
6 | familial or business relationship with an Authority leader. | ||||||
7 | (d) "Revenue bond" means any bond issued by the Authority | ||||||
8 | the principal
and interest of which is payable solely from | ||||||
9 | revenues or income
derived from any project or activity of the | ||||||
10 | Authority.
| ||||||
11 | (e) "Board" means the Will-Kankakee Regional Development | ||||||
12 | Authority
Board of Directors.
| ||||||
13 | (f) "Governor" means the Governor of the State of | ||||||
14 | Illinois.
| ||||||
15 | (g) "City" means any city, village, incorporated town or | ||||||
16 | township
within the geographical territory of the Authority.
| ||||||
17 | (h) "Industrial project" means (1) a capital project, | ||||||
18 | including one or
more buildings and other structures, | ||||||
19 | improvements, machinery and equipment
whether or not on the | ||||||
20 | same site or sites now existing or hereafter
acquired, | ||||||
21 | suitable for use by any manufacturing, industrial, research,
| ||||||
22 | transportation or commercial enterprise including but not | ||||||
23 | limited to use
as a factory, mill, processing plant, assembly | ||||||
24 | plant, packaging plant,
fabricating plant, office building, | ||||||
25 | industrial distribution center,
warehouse, repair, overhaul or | ||||||
26 | service facility, freight terminal, research
facility, test |
| |||||||
| |||||||
1 | facility, railroad facility, solid waste and wastewater
| ||||||
2 | treatment and disposal sites and other pollution control | ||||||
3 | facilities,
resource or waste reduction, recovery, treatment | ||||||
4 | and disposal facilities,
and including also the sites thereof | ||||||
5 | and other rights in land therefor
whether improved or | ||||||
6 | unimproved, site preparation and landscaping and all
| ||||||
7 | appurtenances and facilities incidental thereto such as | ||||||
8 | utilities, access
roads, railroad sidings, truck docking and | ||||||
9 | similar facilities, parking
facilities, dockage, wharfage, | ||||||
10 | railroad roadbed, track, trestle, depot,
terminal, switching | ||||||
11 | and signaling equipment or related equipment and other
| ||||||
12 | improvements necessary or convenient thereto; or (2) any land, | ||||||
13 | buildings,
machinery or equipment comprising an addition to or | ||||||
14 | renovation,
rehabilitation or improvement of any existing | ||||||
15 | capital project.
| ||||||
16 | (h-5) "Housing project" or "residential project" includes | ||||||
17 | a specific work or improvement undertaken to provide dwelling | ||||||
18 | accommodations, including the acquisition, construction or | ||||||
19 | rehabilitation of lands, buildings and community facilities | ||||||
20 | and in connection therewith to provide nonhousing facilities | ||||||
21 | which are an integral part of a planned large-scale project or | ||||||
22 | new community. | ||||||
23 | (i) "Commercial project" means any project, including but | ||||||
24 | not limited to
one or more buildings and other structures, | ||||||
25 | improvements, machinery and
equipment whether or not on the | ||||||
26 | same site or sites now existing or
hereafter acquired, |
| |||||||
| |||||||
1 | suitable for use by any retail or wholesale concern,
| ||||||
2 | distributorship or agency, any cultural facilities of a | ||||||
3 | for-profit or
not-for-profit type including but not limited to | ||||||
4 | educational, theatrical,
recreational and entertainment, | ||||||
5 | sports facilities, racetracks, stadiums,
convention centers, | ||||||
6 | exhibition halls, arenas, opera houses and theaters,
| ||||||
7 | waterfront improvements, swimming pools, boat storage, | ||||||
8 | moorage, docking
facilities, restaurants, velodromes, | ||||||
9 | coliseums, sports training facilities,
parking facilities, | ||||||
10 | terminals, hotels and motels, gymnasiums, medical
facilities | ||||||
11 | and port facilities.
| ||||||
12 | (j) "Project" means an industrial, commercial or
service | ||||||
13 | project or any combination thereof provided that all uses | ||||||
14 | shall
fall within one of the categories described above. Any | ||||||
15 | project, of any
nature whatsoever, shall automatically include | ||||||
16 | all site improvements and
new construction involving | ||||||
17 | sidewalks, sewers, solid waste and wastewater
treatment and | ||||||
18 | disposal sites and other pollution control facilities,
| ||||||
19 | resource or waste reduction, recovery, treatment and disposal | ||||||
20 | facilities,
parks, open spaces, wildlife sanctuaries, streets, | ||||||
21 | highways and runways.
| ||||||
22 | (k) "Lease agreement" shall mean an agreement whereby a | ||||||
23 | project acquired
by the Authority by purchase, gift or lease | ||||||
24 | is leased to any person or
corporation which will use or cause | ||||||
25 | the project to be used as a project as
heretofore defined upon | ||||||
26 | terms providing for lease rental payments at least
sufficient |
| |||||||
| |||||||
1 | to pay when due all principal of and interest and premium, if | ||||||
2 | any,
on any bonds, notes or other evidences of indebtedness of | ||||||
3 | the Authority
issued with respect to such project, providing | ||||||
4 | for the maintenance,
insurance and operation of the project on | ||||||
5 | terms satisfactory to the
Authority and providing for | ||||||
6 | disposition of the project upon termination of
the lease term, | ||||||
7 | including purchase options or abandonment of the premises,
| ||||||
8 | with such other terms as may be deemed desirable by the | ||||||
9 | Authority.
| ||||||
10 | (l) "Loan agreement" means any agreement pursuant to which | ||||||
11 | the Authority
agrees to loan the proceeds of its bonds, notes | ||||||
12 | or other evidences of
indebtedness issued with respect to a | ||||||
13 | project to any person or corporation
which will use or cause | ||||||
14 | the project to be used as a project as heretofore
defined upon | ||||||
15 | terms providing for loan repayment installments at least
| ||||||
16 | sufficient to pay when due all principal of and interest and | ||||||
17 | premium, if any,
on any bonds, notes or other evidences of | ||||||
18 | indebtedness of the Authority
issued with respect to the | ||||||
19 | project, providing for maintenance,
insurance and operation of | ||||||
20 | the project on terms satisfactory to the
Authority and | ||||||
21 | providing for other matters as may be deemed advisable by
the | ||||||
22 | Authority.
| ||||||
23 | (m) "Financial aid" means the expenditure of Authority | ||||||
24 | funds or funds
provided by the Authority through the issuance | ||||||
25 | of its revenue bonds, notes
or other evidences of indebtedness | ||||||
26 | for the development, construction,
acquisition or improvement |
| |||||||
| |||||||
1 | of a project.
| ||||||
2 | (n) "Costs incurred in connection with the development, | ||||||
3 | construction,
acquisition or improvement of a project" means | ||||||
4 | the following: the cost of
purchase and construction of all | ||||||
5 | lands and improvements in connection
therewith and equipment | ||||||
6 | and other property, rights, easements and franchises
acquired | ||||||
7 | which are deemed necessary for such construction; financing
| ||||||
8 | charges; interest costs with respect to bonds, notes and other | ||||||
9 | evidences of
indebtedness of the Authority prior to and during | ||||||
10 | construction and for a
period of 6 months thereafter; | ||||||
11 | engineering and legal expenses; the costs of
plans, | ||||||
12 | specifications, surveys and estimates of costs and other | ||||||
13 | expenses
necessary or incident to determining the feasibility | ||||||
14 | or practicability of
any project, together with such other | ||||||
15 | expenses as may be necessary or
incident to the financing, | ||||||
16 | insuring, acquisition and construction of a
specific project | ||||||
17 | and the placing of the same in operation.
| ||||||
18 | (o) "Terminal" means a public place, station or depot for | ||||||
19 | receiving and
delivering passengers, baggage, mail, freight or | ||||||
20 | express matter and any
combination thereof in connection with | ||||||
21 | the transportation of
persons and property on water or land or | ||||||
22 | in the air.
| ||||||
23 | (p) "Terminal facilities" means all land, buildings, | ||||||
24 | structures,
improvements, equipment and appliances useful in | ||||||
25 | the operation of public
warehouse, storage and transportation | ||||||
26 | facilities and industrial,
manufacturing or commercial |
| |||||||
| |||||||
1 | activities for the accommodation of or in
connection with | ||||||
2 | commerce by water or land or in the air or useful as an
aid, or | ||||||
3 | constituting an advantage or convenience to, the safe landing,
| ||||||
4 | taking off and navigation of aircraft or the safe and | ||||||
5 | efficient operation
or maintenance of a public airport.
| ||||||
6 | (q) "Port facilities" means all public structures, except | ||||||
7 | terminal
facilities as defined herein, that are in, over, | ||||||
8 | under or adjacent to
navigable waters and are necessary for or | ||||||
9 | incident to the furtherance of
water commerce and includes the | ||||||
10 | widening and deepening of slips, harbors
and navigable waters.
| ||||||
11 | (r) "Airport" means any locality, either land or water, | ||||||
12 | which is used or
designed for the landing and taking off of | ||||||
13 | aircraft or for the location of
runways, landing fields, | ||||||
14 | aerodromes, hangars, buildings, structures,
airport roadways | ||||||
15 | and other facilities.
| ||||||
16 | (Source: P.A. 98-750, eff. 1-1-15 .)
| ||||||
17 | (70 ILCS 535/4) (from Ch. 85, par. 7454)
| ||||||
18 | Sec. 4. Establishment.
| ||||||
19 | (a) There is hereby created a political subdivision, body | ||||||
20 | politic
and municipal corporation named the Will-Kankakee | ||||||
21 | Regional Development
Authority. The territorial jurisdiction | ||||||
22 | of the Authority is that geographic
area within the boundaries | ||||||
23 | of Will and Kankakee counties in the State of
Illinois and any | ||||||
24 | navigable waters and air space located therein.
| ||||||
25 | (b) The governing and administrative powers of the |
| |||||||
| |||||||
1 | Authority shall be
vested in a body consisting of 10 members | ||||||
2 | including, as an ex officio
member, the Director of Commerce | ||||||
3 | and Economic Opportunity,
or his or her designee. The other 9 | ||||||
4 | members of the Authority shall be
designated "public members", | ||||||
5 | 3 of whom shall be appointed by the Governor,
3 of whom shall | ||||||
6 | be appointed by the county board chairman of Will County,
and 3 | ||||||
7 | of whom shall be appointed by the county board chairman of | ||||||
8 | Kankakee
County. All public members shall reside within the | ||||||
9 | territorial
jurisdiction of this Act. Six members shall | ||||||
10 | constitute a quorum , and the Board may not meet or take any | ||||||
11 | action without a quorum present . The public
members shall be | ||||||
12 | persons of recognized ability and experience in one or
more of | ||||||
13 | the following areas: economic development, finance, banking,
| ||||||
14 | industrial development, small business management, real estate | ||||||
15 | development,
community development, venture finance, organized | ||||||
16 | labor or civic, community
or neighborhood organization. The | ||||||
17 | Chairman of the Authority shall be
elected by the Board | ||||||
18 | annually from the 6 members appointed by the county
board | ||||||
19 | chairmen.
| ||||||
20 | (c) The terms of all members of the Authority shall begin | ||||||
21 | 30 days after
the effective date of this Act. Of the 9 public | ||||||
22 | members appointed pursuant
to this Act, 3 shall serve until | ||||||
23 | the third Monday in January 1992, 3 shall
serve until the third | ||||||
24 | Monday in January 1993, and 3 shall serve until the
third | ||||||
25 | Monday in January 1994. All successors shall be appointed by | ||||||
26 | the
original appointing authority and hold office for a term |
| |||||||
| |||||||
1 | of 3 years
commencing the third Monday in January of the year | ||||||
2 | in which their term
commences, except in case of an | ||||||
3 | appointment to fill a vacancy. Vacancies
occurring among the | ||||||
4 | public members shall be filled for the remainder of the
term. | ||||||
5 | In case of vacancy in a Governor-appointed membership when the | ||||||
6 | Senate
is not in session, the Governor may make a temporary | ||||||
7 | appointment until the
next meeting of the Senate when a person | ||||||
8 | shall be nominated to fill such
office, and any person so | ||||||
9 | nominated who is confirmed by the Senate shall
hold office | ||||||
10 | during the remainder of the term and until a successor shall be
| ||||||
11 | appointed and qualified. Members of the Authority shall not be | ||||||
12 | entitled to
compensation for their services as members but may | ||||||
13 | be reimbursed for all
necessary expenses incurred in | ||||||
14 | connection with the performance of their
duties as members.
| ||||||
15 | (d) The Governor may remove any public member of the | ||||||
16 | Authority in case
of incompetency, neglect of duty, or | ||||||
17 | malfeasance in office.
| ||||||
18 | (e) The Board may appoint an Executive Director who shall | ||||||
19 | have a
background in finance, including familiarity with the | ||||||
20 | legal and
procedural requirements of issuing bonds, real | ||||||
21 | estate or economic
development and administration. The | ||||||
22 | Executive Director shall hold office
at the discretion of the | ||||||
23 | Board. The Executive Director shall be the chief
| ||||||
24 | administrative and operational officer of the Authority, shall | ||||||
25 | direct
and supervise its administrative affairs and general | ||||||
26 | management, shall perform
such other duties as may be |
| |||||||
| |||||||
1 | prescribed from time to time by the members and
shall receive | ||||||
2 | compensation fixed by the Authority. The Executive Director
| ||||||
3 | shall attend all meetings of the Authority; however, no action | ||||||
4 | of the
Authority shall be invalid on account of the absence of | ||||||
5 | the Executive
Director from a meeting. The Authority may | ||||||
6 | engage the services of such
other agents and employees, | ||||||
7 | including attorneys, appraisers, engineers,
accountants, | ||||||
8 | credit analysts and other consultants, as it may deem
| ||||||
9 | advisable and may prescribe their duties and fix their | ||||||
10 | compensation.
| ||||||
11 | (f) The Board may, by majority vote, nominate up to 4 | ||||||
12 | non-voting members
for appointment by the Governor. Non-voting | ||||||
13 | members shall be persons of
recognized ability and experience | ||||||
14 | in one or more of the following areas:
economic development, | ||||||
15 | finance, banking, industrial development, small
business | ||||||
16 | management, real estate development, community development,
| ||||||
17 | venture finance, organized labor or civic, community or | ||||||
18 | neighborhood
organization. Non-voting members shall serve at | ||||||
19 | the pleasure of the Board.
All non-voting members may attend | ||||||
20 | meetings of the Board and may be
reimbursed as provided in | ||||||
21 | subsection (c).
| ||||||
22 | (g) The Board shall create a task force to study and make
| ||||||
23 | recommendations to the Board on the economic development of | ||||||
24 | the territory
within the jurisdiction of this Act. The members | ||||||
25 | of the task force shall
reside within the territorial | ||||||
26 | jurisdiction of this Act, shall serve at the
pleasure of the |
| |||||||
| |||||||
1 | Board and shall be persons of recognized ability and
| ||||||
2 | experience in one or more of the following areas: economic | ||||||
3 | development,
finance, banking, industrial development, small | ||||||
4 | business management, real
estate development, community | ||||||
5 | development, venture finance, organized labor
or civic, | ||||||
6 | community or neighborhood organization. The number of members
| ||||||
7 | constituting the task force shall be set by the Board and may | ||||||
8 | vary from
time to time. The Board may set a specific date by | ||||||
9 | which the task force is
to submit its final report and | ||||||
10 | recommendations to the Board.
| ||||||
11 | (Source: P.A. 94-793, eff. 5-19-06.)
| ||||||
12 | (70 ILCS 535/5.1 new) | ||||||
13 | Sec. 5.1. Requests for assistance; disclosure of economic | ||||||
14 | interests. | ||||||
15 | (a) The Authority may not hear a request for assistance | ||||||
16 | from a restricted person. This prohibition extends to business | ||||||
17 | relationships between a person who is an Authority leader | ||||||
18 | within one year prior to the request for assistance and to any | ||||||
19 | entity in which a restricted person holds or, within the past 2 | ||||||
20 | years, held an ownership interest of 10% or more. | ||||||
21 | (b) An Authority leader shall disclose and recuse himself | ||||||
22 | or herself from matters relating to requests for assistance | ||||||
23 | from an entity that is relocating full-time employees from | ||||||
24 | another Authority's counties if (i) both Authorities contract | ||||||
25 | with or employ the same Authority leader or (ii) there is or, |
| |||||||
| |||||||
1 | within the past 2 years of the request, there was a business | ||||||
2 | relationship between the Authority leaders at the 2 | ||||||
3 | Authorities. | ||||||
4 | (c) The Board of the Authority shall vote to renew the | ||||||
5 | appointment of the Executive Director and other Authority | ||||||
6 | leaders on an annual basis. All contracts shall be approved on | ||||||
7 | an annual basis and use a public process to solicit | ||||||
8 | applications. This requirement does not apply to full-time | ||||||
9 | employees of the Authority unless otherwise required by | ||||||
10 | applicable State law or local ordinance. | ||||||
11 | (d) Each Authority leader shall submit a statement of | ||||||
12 | economic interest in accordance with Article 4A of the | ||||||
13 | Illinois Governmental Ethics Act. Additionally, each Authority | ||||||
14 | leader shall disclose to the Board outside sources of income | ||||||
15 | and any business relationships in economic development | ||||||
16 | consulting or lobbying. Reporting shall include the source of | ||||||
17 | income, services provided, and timeline of when services were | ||||||
18 | provided. If the source of income is a firm or organization | ||||||
19 | with multiple clients, the report shall list all of the | ||||||
20 | entities for which the individual provided services.
| ||||||
21 | (70 ILCS 535/5.2 new) | ||||||
22 | Sec. 5.2. Open meetings; record disclosure. | ||||||
23 | (a) The Authority is subject to the Open Meetings Act and | ||||||
24 | the Freedom of Information Act. Documents subject to the | ||||||
25 | Freedom of Information Act include, but are not limited to, |
| |||||||
| |||||||
1 | expenses,
payroll, origination bonuses, and other financial | ||||||
2 | details of the Authority. | ||||||
3 | (b) A contract or agreement entered into by the Authority | ||||||
4 | must be posted on the Authority's website. The Authority shall | ||||||
5 | provide a detailed report of the Authority's financial | ||||||
6 | information on the Authority's website, including, but not | ||||||
7 | limited to, a statement of profits and losses, balance sheet, | ||||||
8 | and income statement of the Authority.
| ||||||
9 | (70 ILCS 535/13) (from Ch. 85, par. 7463)
| ||||||
10 | Sec. 13. Reports ; commitment notice . The Authority shall | ||||||
11 | annually submit a report of
its finances to the Auditor | ||||||
12 | General. The Authority shall annually submit a
report of its | ||||||
13 | activities to the Governor and General Assembly.
| ||||||
14 | The Authority shall provide notice to the General | ||||||
15 | Assembly, the Department of Commerce and Economic Opportunity, | ||||||
16 | and the Governor once the Authority enters into a commitment | ||||||
17 | to support the financing of a project. The notice to the | ||||||
18 | General Assembly shall be filed with the Clerk of the House of | ||||||
19 | Representatives and the Secretary of the Senate, in electronic | ||||||
20 | form only, in the manner that the Clerk and the Secretary shall | ||||||
21 | direct. | ||||||
22 | (Source: P.A. 86-1481.)
| ||||||
23 | Section 99. Effective date. This Act takes effect July 1, | ||||||
24 | 2023.
|