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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 Southwestern Illinois Development Authority | |||||||||||||||||||||||
5 | Act is amended by changing Sections 4, 5, and 8 as follows: | |||||||||||||||||||||||
6 | (70 ILCS 520/4) (from Ch. 85, par. 6154)
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7 | Sec. 4. (a) There is hereby created a political | |||||||||||||||||||||||
8 | subdivision, body politic
and municipal corporation named the | |||||||||||||||||||||||
9 | Southwestern Illinois Development
Authority.
The territorial | |||||||||||||||||||||||
10 | jurisdiction of the Authority is that geographic area
within | |||||||||||||||||||||||
11 | the boundaries of Madison,
St. Clair, Bond, and Clinton , and | |||||||||||||||||||||||
12 | Monroe
counties in the State of
Illinois and any navigable | |||||||||||||||||||||||
13 | waters and air space located therein.
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14 | (b) The governing and administrative powers of the | |||||||||||||||||||||||
15 | Authority shall be
vested in a body consisting of 15 voting 14
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16 | members including, as ex officio
members,
the Director of | |||||||||||||||||||||||
17 | Commerce and Economic Opportunity, or his or her
designee, and | |||||||||||||||||||||||
18 | the Secretary of Transportation,
or his or her designee.
The | |||||||||||||||||||||||
19 | other 13 voting 12
members of the Authority
shall be | |||||||||||||||||||||||
20 | designated "public members", 6 of whom shall be appointed by | |||||||||||||||||||||||
21 | the
Governor
with the advice and consent of the Senate, 2 of | |||||||||||||||||||||||
22 | whom shall be appointed by
the county board chairman of | |||||||||||||||||||||||
23 | Madison County,
2 of whom shall be
appointed by the county |
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1 | board chairman of St. Clair County, one of whom
shall be | ||||||
2 | appointed by the county board chairman of Bond County, and one | ||||||
3 | of whom
shall be appointed by the county board chairman of | ||||||
4 | Clinton County , and one of whom shall be appointed by the | ||||||
5 | county board chairman of Monroe County . All
public members | ||||||
6 | shall reside within the territorial jurisdiction of this Act.
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7 | Eight voting members shall constitute a quorum.
The public | ||||||
8 | members shall be
persons of recognized ability and
experience | ||||||
9 | in one or more of the following areas: economic development,
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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. The Chairman of the
Authority shall | ||||||
14 | be elected by the Board annually from the voting members
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15 | appointed by the county board chairmen .
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16 | (c) Except as otherwise provided in this subsection, the | ||||||
17 | The terms of all members of the Authority shall begin 30 days | ||||||
18 | after
the effective date of this Act. Of the 8 public members
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19 | initially appointed pursuant to this Act, 3 shall serve until | ||||||
20 | the
third Monday in January, 1988, 3 shall serve until the | ||||||
21 | third Monday in
January, 1989, and 2
shall serve until the | ||||||
22 | third Monday in January, 1990.
The public members initially | ||||||
23 | appointed under this amendatory Act of the 94th General | ||||||
24 | Assembly shall serve until the third Monday in January, 2008. | ||||||
25 | The member initially appointed pursuant to this amendatory Act | ||||||
26 | of the 103rd General Assembly by the county board chairman of |
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1 | Monroe County shall serve until the third Monday in January | ||||||
2 | 2026. All successors shall be appointed by the original | ||||||
3 | appointing authority and
hold office for a term of 3 years | ||||||
4 | commencing the third
Monday in January of the year in which | ||||||
5 | their term commences, except in case
of an appointment to fill | ||||||
6 | a vacancy.
Vacancies
occurring among the public members shall | ||||||
7 | be filled for the
remainder of the term.
In case of vacancy in | ||||||
8 | a Governor-appointed membership when
the Senate is not in | ||||||
9 | session, the Governor may make a temporary appointment
until | ||||||
10 | the next meeting of the Senate when a person shall be nominated | ||||||
11 | to
fill such office, and any person so nominated who is | ||||||
12 | confirmed by the
Senate shall hold office during the remainder | ||||||
13 | of the term and until a
successor shall be appointed and | ||||||
14 | qualified.
Members of the Authority shall not be entitled to | ||||||
15 | compensation for their services
as members but shall be | ||||||
16 | entitled to reimbursement for all necessary
expenses incurred | ||||||
17 | in connection with the performance of their duties as members.
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18 | Members of the Board may participate in Board meetings by | ||||||
19 | teleconference or video conference, notwithstanding quorum | ||||||
20 | requirements under Section 2.01 and Section 7 of the Open | ||||||
21 | Meetings Act.
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22 | (d) The Governor may remove any public member of the | ||||||
23 | Authority in case
of incompetency, neglect of duty, or | ||||||
24 | malfeasance in office.
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25 | (e) The Board shall appoint an Executive Director who | ||||||
26 | shall have a
background in finance, including familiarity with |
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1 | the legal and
procedural requirements of issuing bonds, real | ||||||
2 | estate or economic
development and administration. The | ||||||
3 | Executive Director shall hold office
at the discretion of the | ||||||
4 | Board. The Executive Director shall be the chief
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5 | administrative and operational officer of the Authority, shall | ||||||
6 | direct
and supervise its administrative affairs and general | ||||||
7 | management, shall perform
such other duties as may be | ||||||
8 | prescribed from time to time by the members and
shall receive | ||||||
9 | compensation fixed by the Authority. The Executive Director
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10 | shall attend all meetings of the Authority; however, no action | ||||||
11 | of the
Authority shall be invalid on account of the absence of | ||||||
12 | the Executive
Director from a meeting. The Authority may | ||||||
13 | engage the services of such
other agents and employees, | ||||||
14 | including attorneys, appraisers, engineers,
accountants, | ||||||
15 | credit analysts and other consultants, as it may deem
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16 | advisable and may prescribe their duties and fix their | ||||||
17 | compensation.
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18 | (f) The Board may, by majority vote, nominate up to 4 | ||||||
19 | non-voting members
for appointment by the Governor. Non-voting | ||||||
20 | members shall be persons of
recognized ability and experience | ||||||
21 | in one or more of the following areas:
economic development, | ||||||
22 | finance, banking, industrial development, small
business | ||||||
23 | management, real estate development, community development, | ||||||
24 | venture finance,
organized labor , or civic, community , or | ||||||
25 | neighborhood organization.
Non-voting members shall serve at | ||||||
26 | the
pleasure of the Board. All non-voting members may attend |
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1 | meetings of the
Board and shall be reimbursed as provided in | ||||||
2 | subsection (c).
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3 | (g) The Board shall create a task force to study and make
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4 | recommendations to the Board on the economic development of | ||||||
5 | the city of
East St. Louis and on the economic development of | ||||||
6 | the riverfront within the
territorial jurisdiction of this | ||||||
7 | Act. The members of the task force shall
reside within the | ||||||
8 | territorial jurisdiction of this Act, shall serve at the
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9 | pleasure of the Board and shall be persons of recognized | ||||||
10 | ability and
experience in one or more of the following areas: | ||||||
11 | economic development,
finance, banking, industrial | ||||||
12 | development, small business management, real
estate | ||||||
13 | development, community development, venture finance, organized | ||||||
14 | labor
or civic, community or neighborhood organization. The | ||||||
15 | number of members
constituting the task force shall be set by | ||||||
16 | the Board and may vary from
time to time. The Board may set a | ||||||
17 | specific date by which the task force is
to submit its final | ||||||
18 | report and recommendations to the Board.
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19 | (Source: P.A. 96-443, eff. 8-14-09.)
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20 | (70 ILCS 520/5) (from Ch. 85, par. 6155)
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21 | Sec. 5. All official acts of the Authority shall require | ||||||
22 | the approval
of at least 8 voting members. It shall be the duty | ||||||
23 | of the Authority to promote
development within the geographic | ||||||
24 | confines of Madison, Bond, Clinton, and St. Clair , and Monroe
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25 | counties. The Authority shall use the powers herein
conferred |
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1 | upon it to assist in the development, construction and
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2 | acquisition of industrial, commercial, housing or residential | ||||||
3 | projects
within Madison, Bond, Clinton, and St. Clair , and | ||||||
4 | Monroe counties.
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5 | (Source: P.A. 94-1096, eff. 6-1-07 .)
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6 | (70 ILCS 520/8) (from Ch. 85, par. 6158)
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7 | Sec. 8. (a) The Authority may, but need not, acquire title | ||||||
8 | to any
project with respect to which it exercises its | ||||||
9 | authority.
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10 | (b) The Authority shall have power to acquire by purchase, | ||||||
11 | lease, gift or
otherwise any property or rights therein from | ||||||
12 | any person or persons, the
State of Illinois, any municipal | ||||||
13 | corporation, any local unit of government, the
government of | ||||||
14 | the United States and any agency or instrumentality of the
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15 | United States, any body politic or any county useful for its | ||||||
16 | purposes, whether
improved for the purposes of any prospective | ||||||
17 | project or unimproved. The
Authority may also accept any | ||||||
18 | donation of funds for its purposes from any
such source. The | ||||||
19 | Authority may acquire any real property, or rights
therein, | ||||||
20 | upon condemnation. The acquisition by eminent domain of such | ||||||
21 | real
property or any interest therein by the Authority shall | ||||||
22 | be in the manner
provided by the Eminent Domain Act,
including | ||||||
23 | Article 20 thereof (quick-take power).
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24 | The Authority shall not exercise any quick-take eminent | ||||||
25 | domain powers
granted by State law within the corporate limits |
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1 | of a municipality unless the
governing authority of the | ||||||
2 | municipality authorizes the Authority to do so. The
Authority | ||||||
3 | shall not exercise any quick-take eminent domain powers | ||||||
4 | granted by
State law within the unincorporated areas of a | ||||||
5 | county unless the county board
authorizes the Authority to do | ||||||
6 | so.
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7 | (c) The Authority shall have power to develop, construct | ||||||
8 | and improve,
either under its own direction or through | ||||||
9 | collaboration with any approved
applicant, or to acquire | ||||||
10 | through purchase or otherwise any project, using
for such | ||||||
11 | purpose the proceeds derived from its sale of revenue bonds, | ||||||
12 | notes
or other evidences of indebtedness or governmental loans | ||||||
13 | or grants and to
hold title in the name of the Authority to | ||||||
14 | such projects.
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15 | (d) The Authority shall have the power to enter into | ||||||
16 | intergovernmental
agreements with the State of Illinois, the | ||||||
17 | counties of Bond, Clinton, Madison , Monroe, and or
St. Clair, | ||||||
18 | the Southwest Regional Port District, the Illinois
Finance | ||||||
19 | Authority, the Illinois Housing Development Authority, the | ||||||
20 | Metropolitan
Pier and
Exposition Authority, the United States | ||||||
21 | government and any agency or
instrumentality of the United | ||||||
22 | States, the city of East St. Louis, any unit
of local | ||||||
23 | government located within the territory of the Authority or | ||||||
24 | any
other unit of government to the extent allowed by Article | ||||||
25 | VII, Section 10
of the Illinois Constitution and the | ||||||
26 | Intergovernmental Cooperation Act.
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1 | (e) The Authority shall have the power to share employees | ||||||
2 | with other units
of government, including agencies of the | ||||||
3 | United States, agencies of the
State of Illinois and agencies | ||||||
4 | or personnel of any unit of local government.
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5 | (f) The Authority shall have the power to exercise powers | ||||||
6 | and issue
bonds as if it were a municipality so authorized in | ||||||
7 | Divisions 12.1, 74,
74.1, 74.3 and 74.5 of Article 11 of the | ||||||
8 | Illinois Municipal Code.
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9 | (Source: P.A. 93-205, eff. 1-1-04; 94-1055, eff. 1-1-07.)
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10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.
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