HB4374 101ST GENERAL ASSEMBLY

LRB101 16135 HLH 66989 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4374

Introduced 1/29/2020, by Rep. Michael Halpin

SYNOPSIS AS INTRODUCED:

New Act

Creates the Quad Cities Regional Metropolitan Authority Act as enabling legislation for the Quad Cities Regional Metropolitan Authority Compact. Establishes the Quad Cities Regional Metropolitan Authority in the metropolitan area of Rock Island County, Illinois and Scott County, Iowa. Provides that the Authority shall facilitate an area-wide growth plan for the purpose of positively impacting the greater metropolitan area and improving the quality of life for area residents. Sets forth the powers and duties of the Authority. Provides that the Authority shall be governed by a Board of Commissioners. Contains provisions concerning use and occupation taxes. Contains other provisions. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning interstate compacts.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Quad Cities Regional Metropolitan Authority Act.

Section 5. Purposes.

(a) This Act is enabling legislation for the Quad Cities Regional Metropolitan Authority Compact entered into by the states of Illinois and Iowa as authorized by the Quad Cities Regional Metropolitan Authority Compact Act.

(b) The Quad Cities Regional Metropolitan Authority shall engage in strategic investments that can best be conducted for an area-wide growth plan. The purpose of the plan is to positively impact the greater metropolitan area and improve the quality of life for area residents. The plan may include the following:

(1) riverfront development, including flood mitigation;

(2) regional planning and economic development;

(3) transportation and infrastructure, including but not limited to:

(A) intermodal facilities;

(B) waste disposal systems;

(C) mass transit;

(D) airports;

(E) bridges; and

(F) river transit and ports.

(4) cultural and recreational amenities, including, but not limited to:

(A) parks;

(B) museums;

(C) trails;

(D) tourist and destination assets;

(E) zoos;

(F) centers for performing arts; and

(G) botanical centers.

(5) education;

(6) natural resources; and

(7) related facilities, fixtures, equipment, and property necessary, appurtenant, or incidental to the operations and services specified in paragraphs (1) through (6).

The Authority shall be supportive of, and refrain from unnecessary and unreasonable competition with, private sector and public sector operations when possible.

(c) The establishment, maintenance, and operation of safe, adequate, and necessary metropolitan facilities, the creation of an Authority having powers necessary or desirable for the establishment, maintenance, and operation of the metropolitan facilities beneficial to the territory of the Authority, and the powers and corporate purposes and functions of the Authority are public and governmental in nature and essential to the public interest in the territory of the Authority.

Section 10. Definitions. As used in this Act, unless the context otherwise requires:

"Authority" means the Quad Cities Regional Metropolitan Authority created under this Act.

"Board" means the Board of Commissioners of the Authority.

"Cost", with respect to any project for a metropolitan facility, includes construction contract costs and the costs of engineering, architectural, technical, and legal services, preliminary reports, property valuations, estimates, plans, specifications, notices, acquisition of real and personal property, consequential damages or costs, easements, rights-of-way, supervision, inspection, testing, publications, printing and provisions for contingencies.

"Greater metropolitan area" means the combined area of Rock Island County, Illinois, and Scott County, Iowa.

"Metropolitan area" means Rock Island County, Illinois, as a separate and distinct area, or Scott County, Iowa, as a separate and distinct area, or each as a part of the greater metropolitan area.

"Metropolitan facility" means a structure or fixture, equipment, or property of any kind or nature related to the scope laid out in subsection (b) of Section 5 that the Authority may construct, acquire, own, lease, or operate, including all related facilities necessary, appurtenant, or incidental to the facilities.

"Person" means an individual, firm, partnership, corporation, company, association, or joint stock association, and includes any trustee, receiver, assignee, or personal representative of any of those entities.

Section 15. Board of commissioners; appointment.

(a) The Authority established under this Act shall be governed by a board of commissioners. Illinois members shall be appointed as provided in subsection (b). The appointment of the commissioners shall be made in writing and shall indicate the legal residence of each appointee.

(b) Four residents of Rock Island County shall be appointed to the board of the Authority as provided in this subsection. One member shall reside in the City of Moline and shall be appointed by the Mayor of the City of Moline with the advice and consent of the city council of the City of Moline; one member shall reside in the City of Rock Island and shall be appointed by the Mayor of the City of Rock Island with the advice and consent of the city council of Rock Island; one member shall reside in the City of East Moline and shall be appointed by the Mayor of the City of East Moline with the advice and consent of the city council of East Moline. The Chairman of the Rock Island County Board, with the advice and consent of the county board, shall shall appoint one resident of Rock Island County to serve on the board; that resident shall reside outside of the cities of Moline, Rock Island, and East Moline.

(c) The membership of the board of commissioners shall be gender balanced if possible. The appointing authorities shall strive for gender balance on the board and shall comply with similar laws of the state of Iowa as determined by the appointing authorities. The appointing authorities shall also provide representation for racial groups residing in the metropolitan area based on the ratio of the racial population to the population as a whole. All projects approved by the board shall strive for balanced investment in both metropolitan areas.

Section 20. Terms of office.

(a) All initial appointments of commissioners shall be made within 30 days after the establishment of the Authority. The Authority is considered established when similar laws are enacted in the State of Iowa and State of Illinois. Each appointment shall be in writing and a certificate of appointment signed by the appointing officer shall be filed and made a matter of record in the office of the county recorder. Except as otherwise provided, commissioners shall be appointed for a term of 4 years and shall qualify within 10 days after appointment by acceptance and the taking of an oath or affirmation to faithfully perform the duties of office. Members initially appointed to the board of commissioners shall serve from the date of their appointment until June 30 of the second or fourth year after the date of their appointment and shall draw lots to determine the terms for which each shall be appointed. Lots shall be drawn so that no less than 2 and no more than 3 commissioners from each metropolitan area shall serve in each of the 2 classes. Thereafter, commissioners shall be appointed for terms of 4 years beginning on July 1 of the year of appointment.

(b) Within 45 days after any vacancy occurs on the board by death, resignation, change of residence to outside the metropolitan area, or any other cause, a successor shall be appointed, in the same manner as the commissioner whose office became vacant, for the unexpired remainder of the term. Commissioners and officers of the board shall serve until a successor is appointed and qualifies. A current city or county elected official in ineligible to serve as commissioner. A former city or county elected officer is ineligible to serve as a commissioner for 2 years after leaving elective office.

(c) All appointed members are forbidden to serve longer than 8 consecutive years on the board. Members may be reappointed to the board after 2 years off the board.

(d) A city council may vote to remove an appointed member to the board under their jurisdiction for any reason so long as the council votes in the affirmative of removal with a majority vote of all eligible members. A vote of no, abstention, or absent members counts against the measure.

Section 25. Organization; officers; meetings; compensation.

(a) The board of commissioners may exercise all of the legislative and executive powers granted under this Act. Within 30 days after the appointment of the initial commissioners, the board shall meet and elect a chairperson from among its members for a term of one year. The chairperson's position shall alternate annually between a commissioner from one state and a commissioner from the other state. The board shall also select a vice-chair, secretary, treasurer, and other officers or employees as necessary for the accomplishment of its corporate objectives, none of whom need be a commissioner. The board, at its first meeting, shall define by ordinance the first and subsequent fiscal years of the Authority and shall adopt a corporate seal and bylaws that shall determine the times for the annual election of officers and for other regular and special meetings of the board. The bylaws shall contain the rules for the transaction of other business of the Authority and for amending the bylaws.

(b) Each commissioner of the Authority shall devote the amount of time to the duties of office as the faithful discharge of the duties may require. The board shall reimburse a commissioner for actual and necessary expenses incurred in the performance of official duties as approved by the board. A commissioner shall not receive a salary or per diem for the performance of official duties.

(c) Each commissioner shall comply with restrictions relating to conflicts of interest or the acceptance of gifts as provided in the Public Officer Prohibited Activities Act or in similar laws of the state of Iowa as determined by the board.

(d) The commissioners shall conduct their meetings as public meetings with appropriate notice pursuant to the Open Meetings Act or to similar laws of the state of Iowa as determined by the board.

(e) The board shall keep and maintain its records as public records pursuant to the Local Records Act.

Section 30. Powers and duties. The Authority constitutes a municipal corporation and body politic separate from any other municipal, State, or other public or governmental agency. The Authority has the following express powers, subject to any restrictions or limitations contained in this Act, and all other powers incidental, necessary, convenient, or desirable to carry out and effectuate the express powers to:

(1) sue and be sued;

(2) locate, acquire, own, establish, operate, and maintain one or more metropolitan facilities upon any land or body of water within its corporate limits, and construct, develop, expand, extend, and improve any metropolitan facility;

(3) acquire, within the corporate limits of the Authority, rights in fee simple in and over land or water, easements upon, over, or across land or water, leasehold interests in land or water, and tangible and intangible personal property, used or useful for the location, establishment, maintenance, development, expansion, extension, or improvement of one or more metropolitan facilities; the acquisition may be by dedication, purchase, gift, agreement, lease, or by condemnation if within the corporate limits of the Authority; the Authority may acquire land in fee simple subject to a mortgage and as part of the purchase price may assume the payment of the indebtedness secured by the mortgage; land may be acquired, possessed, and used for its purposes by the Authority under a written contract for a deed conveying merchantable title, providing that the deed shall be placed in escrow and be delivered upon payment of the purchase price, and containing other terms reasonably incident to the contract; personal property may be purchased under an installment contract or lease-purchase contract;

(4) operate, maintain, manage, lease (with or without a lease-purchase option), sublease, and make and enter into contracts for the use, operation, or management of a metropolitan facility and enact regulations for the operation, management, or use of a metropolitan facility;

(5) fix, charge, and collect reasonable rents, tolls, fees, and charges for the use of a metropolitan facility or any part of a metropolitan facility; rents, tolls, fees, or charges fixed and collected for the use of a metropolitan facility shall be used for the construction, reconstruction, repair, maintenance, or operation of that metropolitan facility or the construction, reconstruction, repair, maintenance, or operation of similar metropolitan facilities;

(6) establish and maintain streets and approaches on property of the Authority;

(7) remove and relocate hazards or structures on property of the Authority;

(8) restrict and reduce the height of objects or buildings on property of the Authority;

(9) accept grants, contributions, or loans from, and enter into contracts, leases, or other transactions with, a city, county, State, or federal government;

(10) employ, or enter into contracts for the employment of, any person for professional services that are necessary or desirable for the accomplishment of the corporate objectives of the Authority or the proper administration, management, protection, or control of its property;

(11) regulate traffic, speed, movement, and mooring of vessels on property of the Authority;

(12) regulate traffic, speed, movement, and parking of motor vehicles upon property of the Authority and employ parking meters, signs, and other devices in the regulation of the motor vehicles;

(13) contract for police and fire protection;

(14) establish, by ordinance of the Board, all regulations for the execution of the powers specified in this Act, for the government of the Authority, and for the protection of any metropolitan facility within the jurisdiction of the Authority or deemed necessary or desirable to effect its corporate objectives; an ordinance may provide for the revocation, cancellation, or suspension of an existing privilege or franchise as a penalty for a second or subsequent violation by the holder or franchisee of a regulation pertaining to the enjoyment, use, or exercise of the privilege or franchise; the use of a metropolitan facility of the Authority shall be subject to the reasonable regulation and control of the Authority and shall be upon reasonable terms and conditions established by the Board;

(15) establish a general operating fund and other funds as necessary; and

(16) do all acts and things necessary or convenient for the promotion of its business and the general welfare of the Authority in order to carry out the powers granted to it by this Act or any other laws; the Authority has no power to pledge the taxing power of this State or any political subdivision or agency of this State.

Section 35. Rules and ordinances. Rules adopted under Section 40 shall be contained in an ordinance that shall be placed on file in the office of the Authority in typewritten or printed form for public inspection not less than 15 days before adoption. The ordinance may impose fines of not more than $100 as the board deems appropriate upon conviction or guilty plea for each violation and may provide that, in case of a continuing violation, each day during which a violation occurs or continues constitutes a separate offense.

Section 40. Procedures. Actions by the Board of a legislative character, including the adoption of rules and referenda, shall be in the form of an ordinance, and after adoption the ordinance shall be filed with the secretary and shall be made a matter of public record in the office of the Authority. Other actions by the Board shall be by resolution, motion, or in other appropriate form. Executive or ministerial duties may be delegated to one or more commissioners or to an authorized officer, employee, agent, or other representative of the Authority. Six commissioners, 3 members from each state within the greater metropolitan area, constitute a quorum to conduct business, and an affirmative vote of a majority of the commissioners from each metropolitan area is required to adopt or approve an action of the Board. The enacting clause of any ordinance shall be substantially as follows: "Be it ordained by the Board of Commissioners of the Quad Cities Regional Metropolitan Authority".

Section 45. Official records; bond for officers and employees.

(a) The Board shall provide for the safekeeping of its permanent records and for the recording of the corporate action of the Authority. The Board shall keep a true and accurate account of its receipts, and an annual audit shall be made of its books, records, and accounts by State or private auditors.

(b) All officers and employees authorized to receive or retain the custody of moneys or to sign vouchers, checks, warrants, or evidences of indebtedness binding upon the Authority shall furnish a surety bond for the faithful performance of their duties and the faithful accounting of all moneys that may come into their custody in an amount to be fixed and in a form to be approved by the Board.

Section 50. Change of name. The Board may change the name of the Authority by ordinance. A certified copy of the ordinance shall be filed with the appropriate State office and the county recorder or equivalent county officer of each county in which the Authority or part of the Authority is located. The name change shall be effective on the date of the filing.

Section 55. Budget and appropriation.

(a) Annually, the board shall prepare and adopt a budget and provide appropriations as provided in this Section.

(b) The budget shall show (i) the amount required for each class of proposed expenditures, (ii) a comparison of the amounts proposed to be expended with the amounts expended for like purposes for the 2 preceding years, if available, and (iii) the sources of revenue.

(c) Not less than 20 days before the date that a budget must be certified as determined by the board and not less than 10 days before the date set for the hearing under subsection (d), the board shall file the budget with the treasurer of the Authority. The treasurer shall post a copy of the budget in the Authority offices for public inspection and comment.

(d) The board shall set a time and place for a public hearing on the budget before the final certification date and shall publish notice of the hearing not less than 10 nor more than 20 days before the hearing in one or more newspapers serving the greater metropolitan area. Proof of publication shall be filed with and preserved by the treasurer.

(e) At the hearing, any resident or taxpayer of the greater metropolitan area may present to the board objections to or arguments in favor of any part of the budget.

(f) After the hearing, the board shall adopt a budget by resolution and shall direct the treasurer to properly certify and file the budget.

(g) The board shall appropriate, by resolution, the amounts deemed necessary for the ensuing fiscal year. All revenue from taxes, fees, tolls, rents, charges, bonds, or any other source shall be appropriated and used for the specific metropolitan facility project for which it was collected or similar metropolitan facility projects. Increases or decreases in these appropriations do not require a budget amendment, but may be provided by resolution at a regular meeting of the board.

Section 60. Local occupation and use taxes.

(a) If the Authority secures a majority vote in both jurisdictions, the Department of Revenue shall impose the tax structure approved in the referendum, within the metropolitan area located in this State.

(b) The Department of Revenue shall, upon collecting any taxes as provided in this Section, pay such taxes over to the State Treasurer as trustee for the Authority. Such taxes shall be held in a trust fund outside the State Treasury, to be known as the Quad Cities Regional Metropolitan Authority Tax Fund. On or before the 25th day of each calendar month, the Department of Revenue shall prepare and certify to the Comptroller of the State of Illinois the amount to be paid to the Authority, which shall be the then balance in the fund, less any amount determined by the Department to be necessary for the payment of refunds. Within 10 days after receipt by the Comptroller of such certification of the amount to be paid to the Authority, the Comptroller shall cause an order to be drawn for such payment for such amount in accordance with the direction in such certification.

(c) The proceeds of the tax imposed under this Section shall be credited to the general operating fund of the Authority. When the referendum authorizing the imposition of the tax is adopted and an ordinance or resolution is adopted and a certified copy of the ordinance or resolution filed with the Department of Revenue, the Department shall proceed to administer and enforce this Section as of the first day of the fourth month following the filing of the ordinance or resolution with the Department. For any subsequent periods, an ordinance or resolution imposing, suspending, or discontinuing the tax under this Section shall be adopted and a certified copy of the ordinance or resolution filed with the Department of Revenue on or before the first day of October, whereupon the Department shall proceed to administer and enforce this Section as of the first day of January next following that adoption and filing.

Section 65. Existing jurisdictions. Existing jurisdictions, including those involving airports, mass transit, river bridges, waste disposal systems, schools, and intermodal water ports within their jurisdictional boundaries, are protected from incorporation by the Authority and shall not be incorporated in the Authority except by their respective governing bodies. However, an existing jurisdiction may negotiate with the Authority to take over its entire powers, income, levy, and debts. The Authority may assume the powers, income, levy, and debts for any type of facility authorized by this Act.

Section 70. Cooperation with other governments. The Authority may apply for and receive a grant or loan of moneys or other financial aid from the State or federal government or from any State or federal agency, department, bureau, or board necessary or useful for the undertaking, performance, or execution of any of its corporate objectives or purposes. The Authority may undertake the acquisition, establishment, construction, development, expansion, extension, or improvement of metropolitan facilities within its corporate limits or within or upon any body of water within its corporate limits aided by, in cooperation with, or as a joint enterprise with the State or federal government or with the aid of, in cooperation with, or as a joint project with the State and federal governments. The Authority shall assure, in compliance with any State or federal requirements or directives, that the proceeds of a State or federal grant, loan, or other financial assistance for the provision of facilities or services are used for the express purpose of the financial assistance and to the specific benefit of service areas or persons as designated by the local, State, or federal funding provider.

Section 75. Transfer of existing facilities.

(a) Any county, city, commission, authority, or person may sell, lease, lend, grant, or convey to the Authority a facility, any part of a facility, or any interest in real or personal property that may be used by the Authority in the construction, improvement, maintenance, leasing, or operation of any metropolitan facilities. Any county, city, commission, authority, or person may transfer and assign over to the Authority a contract that was awarded by the county, city, commission, authority, or person for the construction of facilities not begun or, if begun, not completed.

(b) A proposed action of the Board, and a proposed agreement to acquire, shall be approved by the governing body of the owner of the facilities. If the governing body of a county, city, commission, or authority desires to sell, lease, lend, grant, or convey to the Authority a facility or any part of a facility, the governing body shall adopt a resolution signifying its intention to do so and shall publish the resolution at least one time in a newspaper of general circulation in the county and in a newspaper or newspapers, if necessary, of general circulation in the area served by the county, city, commission, or authority giving notice of a hearing to be held on the question of the sale, lease, loan, grant, or conveyance. The resolution shall be published at least 14 days before the date of hearing. After the hearing and if in the public interest, the county, city, commission, or authority shall enact an ordinance authorizing the sale, lease, loan, grant, or conveyance.

(c) An owner transferring an existing facility to the Authority under this Section shall notify the Board of and make provision in the transfer documents for, where necessary, existing rights, liens, securities, and rights of reentry belong to the State or federal government.

(d) This Section, without reference to any other law, shall be deemed complete authority for the acquisition by agreement of a facility as provided in subsection (a), and no proceedings or other action shall be required except as prescribed in this Act.

Section 80. Moneys of the Authority. Moneys of the Authority shall be paid to the treasurer of the Authority. The treasurer shall not commingle the moneys with any other moneys, but shall deposit them in a separate account or accounts. Moneys in the accounts shall be paid out on the check of the treasurer on the requisition of the chairperson of the Authority or of another person authorized by the Authority to make the requisition. The Authority may deposit any of its rates, fees, rents, or other charges, receipts, or income with any bank or trust company that is federally insured.

Section 85. Contracts. All contracts entered into by the Authority for the construction, reconstruction, and improvement of metropolitan facilities shall be entered into pursuant to and shall comply with applicable State laws. However, if the Authority determines an emergency exists, it may enter into contracts obligating the Authority for not more than $100,000 per emergency without regard to the requirements of applicable State laws, and the Authority may proceed with the necessary action as expeditiously as possible to the extent necessary to resolve the emergency.

Section 90. Exemption from taxation. Since the Authority is performing essential governmental functions, the Authority is not required to pay any taxes or assessments of any kind or nature upon any property required or used by it for its purposes or any rates, fees, rents, receipts, or incomes at any time received by it. The bonds issued by the Authority, their transfer, and the income from the bonds are not taxable income for the purposes of the individual and corporate income tax under Illinois law and shall not be taxed by any political subdivision of this State. For purposes of Section 250 of the Illinois Income Tax Act, the exemption of the income from bonds issued by the Authority shall terminate after all of the bonds have been paid. The amount of such income that shall be added and then subtracted on the Illinois income tax return of a taxpayer, pursuant to Section 203 of the Illinois Income Tax Act, from federal adjusted gross income or federal taxable income in computing Illinois base income shall be the interest net of any bond premium amortization.

Section 95. Dissolution.

(a) The Authority shall be dissolved by a unanimous vote of the Board.

(b) The Authority shall provide by ordinance for the disposal of any remaining property, the proceeds of which shall first be applied against any outstanding obligation of the Authority. The remaining balance shall be divided between the counties included in the Authority and credited to the general fund of the respective counties.

Section 100. Supremacy of compact. The provisions of this Act are subject to the provisions of the compact entered into under the Quad Cities Regional Metropolitan Authority Compact Act.

Section 999. Effective date. This Act takes effect upon becoming law.