SB3214 96TH GENERAL ASSEMBLY

LRB096 17764 RLJ 33131 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3214

Introduced 2/9/2010, by Sen. A. J. Wilhelmi

SYNOPSIS AS INTRODUCED:

70 ILCS 508/15
70 ILCS 508/55

Amends the Joliet Arsenal Development Authority Act. Provides that the Board of the Joliet Arsenal Development Authority shall consist of 10 members (now, 9 members). Sets forth the membership of the Board. Provides that the County Executive of Will County, with the advice and consent of the Will County Board, shall appoint 6 members of the Board (now, the Will County Board appoints 5 members). Provides that the Authority shall be abolished upon the last to occur of the following: (i) expiration of the 25-year period (now, 15-year period) that began on the effective date of the Act; or (ii) one year after all revenue bonds, notes, and other evidences of indebtedness of the Authority have been fully paid and discharged or otherwise provided for. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

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

Section 5. The Joliet Arsenal Development Authority Act is amended by changing Sections 15 and 55 as follows:

(70 ILCS 508/15)

Sec. 15. Creation of Authority; Board members; officers.

(a) The Joliet Arsenal Development Authority is created as a political subdivision, body politic, and municipal corporation.

(b) The territorial jurisdiction of the Authority shall extend over all of the territory, consisting of 3,000 acres, more or less, that is commonly known and described as the Joliet ammunition plant and arsenal. The legal description of the territory is (1) approximately 1,900 acres located at the Arsenal, the approximate legal description of which includes part of section 30, Jackson Township, T34N R10E, and sections or part of sections 24, 25, 26, 35, and 36, Channahon Township, T34N R9E, Will County, Illinois, as depicted in the Arsenal Land Use Concept; and (2) approximately 1,100 acres, the approximate legal description of which includes part of sections 16, 17, and 18, Florence Township, T33N R10E, Will County, Illinois, as depicted in the Arsenal Land Use Concept.

(c) The governing and administrative powers of the Authority shall be vested in its Board of Directors. Until 30 days after the effective date of this amendatory Act of the 96th General Assembly, the Board of Directors shall consist consisting of 9 members, 4 of whom shall be appointed by the Governor from Will County, by and with the advice and consent of the Senate, and 5 of whom shall be appointed by the county board of Will County. All members appointed to the Board shall be residents of Will County, but of the 5 members who are appointed by the county board of Will County, one shall be a resident of the City of Joliet, one a resident of the City of Wilmington, one a resident of the Village of Elwood, one a resident of the Village of Manhattan, and one a resident of the Village of Symerton. Each city council or village board shall recommend 3 individuals who are residents of the city or village to the Will County board to be members of the Board of Directors. The Will County Board shall choose one of the recommended individuals from each city and village.

Beginning 30 days after the effective date of this amendatory Act of the 96th General Assembly, the Board of Directors shall consist of 10 members, 4 of whom shall be appointed by the Governor from Will County, by and with the advice and consent of the Senate, and 6 of whom shall be appointed by the County Executive of Will County, with the advice and consent of the Will County Board. All members appointed to the Board shall be residents of Will County, but of the 6 members who are appointed by the County Executive of Will County, with the advice and consent of the Will County Board, one shall be a resident of the City of Joliet, one a resident of the City of Wilmington, one a resident of the Village of Elwood, one a resident of the Village of Manhattan, one a resident of the Village of Symerton, and one at large resident of Will County. Each city council or village board shall recommend 3 individuals who are residents of the city or village to the County Executive of Will County to be members of the Board of Directors. The County Executive of Will County shall choose one of the recommended individuals from each city and village and one at large resident of Will County and shall submit those names to the Will County Board for approval. All persons appointed as members of the Board shall have recognized ability and experience in one or more of the following areas: economic development, finance, banking, industrial development, small business management, real estate development, community development, venture finance, organized labor, units of local government, or civic, community, or neighborhood organization.

(d) Within 30 days after the effective date of this amendatory Act of the 96th General Assembly, the Governor, with the consent of the Senate, and the County Executive of Will County, with the advice and consent of the Will County Board, shall make their appointments to the Board. Two of the gubernatorial appointees and 2 of the non-gubernatorial appointees shall serve a term of 2 years, 2 of the gubernatorial appointees and 2 of the non-gubernatorial appointees shall serve a term of 3 years, and 2 of the non-gubernatorial appointees shall serve a term of 4 years, the length of the term of each to be determined by the appointing authority. The terms of the 9 initial appointees to the Authority shall commence 30 days after the effective date of this Act. Of the 9 members initially appointed (i) 2 of the gubernatorial appointees and 2 of the non-gubernatorial appointees shall be appointed to serve terms expiring on the third Monday in January, 1997 and (ii) 2 of the gubernatorial appointees and 3 of the non-gubernatorial appointees shall be appointed to serve terms expiring on the third Monday in January, 1999. All successors shall be appointed by the original appointing authority and hold office for a term of 4 years commencing the third Monday in January of the year in which their term commences, except in case of an appointment to fill a vacancy. Vacancies shall be filled for the remainder of the term. In case of vacancy in a Governor-appointed membership when the Senate is not in session, the Governor may make a temporary appointment until the next meeting of the Senate when a person shall be nominated to fill that office, and any person so nominated who is confirmed by the Senate shall hold office during the remainder of the term. Each member appointed to the Board shall serve until his or her successor is appointed and qualified.

(e) The Chairperson of the Board shall be elected by the Board annually from among the members who are appointed by the County Executive of Will County with the advice and consent of the county board of Will County Board.

(f) The Governor may remove any member of the Board in case of incompetency, neglect of duty, or malfeasance in office.

(g) Members of the Board shall serve without compensation for their services as members but may be reimbursed for all necessary expenses incurred in connection with the performance of their duties as members.

(h) The Board may appoint an Executive Director who shall have a background in finance, including familiarity with the legal and procedural requirements of issuing bonds, real estate or economic development, and administration. The Executive Director shall hold office at the discretion of the Board. The Executive Director shall be the chief administrative and operational officer of the Authority, shall direct and supervise its administrative affairs and general management, shall perform such other duties as may be prescribed from time to time by the Board, and shall receive compensation fixed by the Board. The Executive Director shall attend all meetings of the Board; however, no action of the Board or the Authority shall be invalid on account of the absence of the Executive Director from a meeting. The Board may engage the services of such other agents and employees, including attorneys, appraisers, engineers, accountants, credit analysts and other consultants, and may prescribe their duties and fix their compensation.

(i) The Board shall meet on the call of its Chairperson or upon written notice of 6 members of the Board.

(Source: P.A. 89-333, eff. 8-17-95.)

(70 ILCS 508/55)

Sec. 55. Abolition of Authority. The Authority shall be abolished upon the last to occur of the following: (1) expiration of the 25-year 15-year period that begins on the effective date of this Act; or (2) one year after all revenue bonds, notes, and other evidences of indebtedness of the Authority have been fully paid and discharged or otherwise provided for. Upon the abolition of the Authority, all of its rights and property shall pass to and be vested in the State.

(Source: P.A. 89-333, eff. 8-17-95.)

Section 99. Effective date. This Act takes effect upon becoming law.