103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1131

 

Introduced 1/12/2023, by Rep. Jay Hoffman

 

SYNOPSIS AS INTRODUCED:
 
70 ILCS 520/4  from Ch. 85, par. 6154
70 ILCS 520/5  from Ch. 85, par. 6155
70 ILCS 520/8  from Ch. 85, par. 6158

    Amends the Southwestern Illinois Development Authority Act. Adds Monroe County to the territory of the Southwestern Illinois Development Authority. Makes conforming changes. Provides that the Chairman of the Authority shall be elected by the Board annually from the voting members (rather than elected from the members appointed by the county board chairmen). Provides that members of the Board may participate in Board meetings by teleconference or video conference. Allows the Authority to also enter into intergovernmental agreements with Bond, Clinton, and Monroe counties, in addition to other entities (currently, the only counties included are Madison and St. Clair counties). Effective July 1, 2023.


LRB103 05007 AWJ 50020 b

 

 

A BILL FOR

 

HB1131LRB103 05007 AWJ 50020 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Southwestern Illinois Development Authority
5Act is amended by changing Sections 4, 5, and 8 as follows:
 
6    (70 ILCS 520/4)  (from Ch. 85, par. 6154)
7    Sec. 4. (a) There is hereby created a political
8subdivision, body politic and municipal corporation named the
9Southwestern Illinois Development Authority. The territorial
10jurisdiction of the Authority is that geographic area within
11the boundaries of Madison, St. Clair, Bond, and Clinton, and
12Monroe counties in the State of Illinois and any navigable
13waters and air space located therein.
14    (b) The governing and administrative powers of the
15Authority shall be vested in a body consisting of 15 voting 14
16members including, as ex officio members, the Director of
17Commerce and Economic Opportunity, or his or her designee, and
18the Secretary of Transportation, or his or her designee. The
19other 13 voting 12 members of the Authority shall be
20designated "public members", 6 of whom shall be appointed by
21the Governor with the advice and consent of the Senate, 2 of
22whom shall be appointed by the county board chairman of
23Madison County, 2 of whom shall be appointed by the county

 

 

HB1131- 2 -LRB103 05007 AWJ 50020 b

1board chairman of St. Clair County, one of whom shall be
2appointed by the county board chairman of Bond County, and one
3of whom shall be appointed by the county board chairman of
4Clinton County, and one of whom shall be appointed by the
5county board chairman of Monroe County. All public members
6shall reside within the territorial jurisdiction of this Act.
7Eight voting members shall constitute a quorum. The public
8members shall be persons of recognized ability and experience
9in one or more of the following areas: economic development,
10finance, banking, industrial development, small business
11management, real estate development, community development,
12venture finance, organized labor or civic, community or
13neighborhood organization. The Chairman of the Authority shall
14be elected by the Board annually from the voting members
15appointed by the county board chairmen.
16    (c) Except as otherwise provided in this subsection, the
17The terms of all members of the Authority shall begin 30 days
18after the effective date of this Act. Of the 8 public members
19initially appointed pursuant to this Act, 3 shall serve until
20the third Monday in January, 1988, 3 shall serve until the
21third Monday in January, 1989, and 2 shall serve until the
22third Monday in January, 1990. The public members initially
23appointed under this amendatory Act of the 94th General
24Assembly shall serve until the third Monday in January, 2008.
25The member initially appointed pursuant to this amendatory Act
26of the 103rd General Assembly by the county board chairman of

 

 

HB1131- 3 -LRB103 05007 AWJ 50020 b

1Monroe County shall serve until the third Monday in January
22026. All successors shall be appointed by the original
3appointing authority and hold office for a term of 3 years
4commencing the third Monday in January of the year in which
5their term commences, except in case of an appointment to fill
6a vacancy. Vacancies occurring among the public members shall
7be filled for the remainder of the term. In case of vacancy in
8a Governor-appointed membership when the Senate is not in
9session, the Governor may make a temporary appointment until
10the next meeting of the Senate when a person shall be nominated
11to fill such office, and any person so nominated who is
12confirmed by the Senate shall hold office during the remainder
13of the term and until a successor shall be appointed and
14qualified. Members of the Authority shall not be entitled to
15compensation for their services as members but shall be
16entitled to reimbursement for all necessary expenses incurred
17in connection with the performance of their duties as members.
18Members of the Board may participate in Board meetings by
19teleconference or video conference, notwithstanding quorum
20requirements under Section 2.01 and Section 7 of the Open
21Meetings Act.
22    (d) The Governor may remove any public member of the
23Authority in case of incompetency, neglect of duty, or
24malfeasance in office.
25    (e) The Board shall appoint an Executive Director who
26shall have a background in finance, including familiarity with

 

 

HB1131- 4 -LRB103 05007 AWJ 50020 b

1the legal and procedural requirements of issuing bonds, real
2estate or economic development and administration. The
3Executive Director shall hold office at the discretion of the
4Board. The Executive Director shall be the chief
5administrative and operational officer of the Authority, shall
6direct and supervise its administrative affairs and general
7management, shall perform such other duties as may be
8prescribed from time to time by the members and shall receive
9compensation fixed by the Authority. The Executive Director
10shall attend all meetings of the Authority; however, no action
11of the Authority shall be invalid on account of the absence of
12the Executive Director from a meeting. The Authority may
13engage the services of such other agents and employees,
14including attorneys, appraisers, engineers, accountants,
15credit analysts and other consultants, as it may deem
16advisable and may prescribe their duties and fix their
17compensation.
18    (f) The Board may, by majority vote, nominate up to 4
19non-voting members for appointment by the Governor. Non-voting
20members shall be persons of recognized ability and experience
21in one or more of the following areas: economic development,
22finance, banking, industrial development, small business
23management, real estate development, community development,
24venture finance, organized labor, or civic, community, or
25neighborhood organization. Non-voting members shall serve at
26the pleasure of the Board. All non-voting members may attend

 

 

HB1131- 5 -LRB103 05007 AWJ 50020 b

1meetings of the Board and shall be reimbursed as provided in
2subsection (c).
3    (g) The Board shall create a task force to study and make
4recommendations to the Board on the economic development of
5the city of East St. Louis and on the economic development of
6the riverfront within the territorial jurisdiction of this
7Act. The members of the task force shall reside within the
8territorial jurisdiction of this Act, shall serve at the
9pleasure of the Board and shall be persons of recognized
10ability and experience in one or more of the following areas:
11economic development, finance, banking, industrial
12development, small business management, real estate
13development, community development, venture finance, organized
14labor or civic, community or neighborhood organization. The
15number of members constituting the task force shall be set by
16the Board and may vary from time to time. The Board may set a
17specific date by which the task force is to submit its final
18report and recommendations to the Board.
19(Source: P.A. 96-443, eff. 8-14-09.)
 
20    (70 ILCS 520/5)  (from Ch. 85, par. 6155)
21    Sec. 5. All official acts of the Authority shall require
22the approval of at least 8 voting members. It shall be the duty
23of the Authority to promote development within the geographic
24confines of Madison, Bond, Clinton, and St. Clair, and Monroe
25counties. The Authority shall use the powers herein conferred

 

 

HB1131- 6 -LRB103 05007 AWJ 50020 b

1upon it to assist in the development, construction and
2acquisition of industrial, commercial, housing or residential
3projects within Madison, Bond, Clinton, and St. Clair, and
4Monroe counties.
5(Source: P.A. 94-1096, eff. 6-1-07.)
 
6    (70 ILCS 520/8)  (from Ch. 85, par. 6158)
7    Sec. 8. (a) The Authority may, but need not, acquire title
8to any project with respect to which it exercises its
9authority.
10    (b) The Authority shall have power to acquire by purchase,
11lease, gift or otherwise any property or rights therein from
12any person or persons, the State of Illinois, any municipal
13corporation, any local unit of government, the government of
14the United States and any agency or instrumentality of the
15United States, any body politic or any county useful for its
16purposes, whether improved for the purposes of any prospective
17project or unimproved. The Authority may also accept any
18donation of funds for its purposes from any such source. The
19Authority may acquire any real property, or rights therein,
20upon condemnation. The acquisition by eminent domain of such
21real property or any interest therein by the Authority shall
22be in the manner provided by the Eminent Domain Act, including
23Article 20 thereof (quick-take power).
24    The Authority shall not exercise any quick-take eminent
25domain powers granted by State law within the corporate limits

 

 

HB1131- 7 -LRB103 05007 AWJ 50020 b

1of a municipality unless the governing authority of the
2municipality authorizes the Authority to do so. The Authority
3shall not exercise any quick-take eminent domain powers
4granted by State law within the unincorporated areas of a
5county unless the county board authorizes the Authority to do
6so.
7    (c) The Authority shall have power to develop, construct
8and improve, either under its own direction or through
9collaboration with any approved applicant, or to acquire
10through purchase or otherwise any project, using for such
11purpose the proceeds derived from its sale of revenue bonds,
12notes or other evidences of indebtedness or governmental loans
13or grants and to hold title in the name of the Authority to
14such projects.
15    (d) The Authority shall have the power to enter into
16intergovernmental agreements with the State of Illinois, the
17counties of Bond, Clinton, Madison, Monroe, and or St. Clair,
18the Southwest Regional Port District, the Illinois Finance
19Authority, the Illinois Housing Development Authority, the
20Metropolitan Pier and Exposition Authority, the United States
21government and any agency or instrumentality of the United
22States, the city of East St. Louis, any unit of local
23government located within the territory of the Authority or
24any other unit of government to the extent allowed by Article
25VII, Section 10 of the Illinois Constitution and the
26Intergovernmental Cooperation Act.

 

 

HB1131- 8 -LRB103 05007 AWJ 50020 b

1    (e) The Authority shall have the power to share employees
2with other units of government, including agencies of the
3United States, agencies of the State of Illinois and agencies
4or personnel of any unit of local government.
5    (f) The Authority shall have the power to exercise powers
6and issue bonds as if it were a municipality so authorized in
7Divisions 12.1, 74, 74.1, 74.3 and 74.5 of Article 11 of the
8Illinois Municipal Code.
9(Source: P.A. 93-205, eff. 1-1-04; 94-1055, eff. 1-1-07.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.