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Public Act 094-0613
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| HB0509 Enrolled |
LRB094 06856 AJO 36962 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Southeastern Illinois
Economic Development |
Authority
Act is amended by changing Sections 20, 25 and 45 as |
follows:
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(70 ILCS 518/20)
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Sec. 20. Creation.
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(a) There is created a political subdivision, body politic, |
and municipal
corporation named the Southeastern
Illinois |
Economic Development Authority. The territorial jurisdiction |
of the
Authority is that geographic
area within the boundaries |
of the following counties: Fayette, Cumberland, Clark, |
Effingham, Jasper, Crawford, Marion, Clay, Richland, Lawrence, |
Jefferson, Wayne, Edwards, Wabash, Hamilton, and White; |
Irvington Township in Washington County; and any
navigable |
waters and
air space located therein.
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(b) The governing and administrative powers of the |
Authority shall be vested
in a body consisting of 10
members as |
follows: |
(1) Nine members shall be appointed by the Governor
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with the advice and
consent of the Senate. |
(2) One member shall be appointed by the Director of |
Commerce and Economic Opportunity. |
All public members shall reside within
the territorial
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jurisdiction of the Authority.
The public members shall be |
persons of recognized ability and experience in one
or more of |
the following
areas: economic development, finance, banking, |
industrial development, state or
local government, commercial |
agriculture, small
business management, real
estate |
development, community development, venture finance, organized |
labor, or
civic or community
organization.
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(c) Six members shall constitute a quorum.
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(d) The chairman of the Authority shall be elected annually |
by the Board.
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(e) The terms of all initial members of the Authority shall |
begin 30 days
after the effective date of this
Act. Of the 10 |
original members appointed pursuant to subsection (b), one |
shall serve until the third Monday in January, 2005; one shall |
serve until the third Monday in January, 2006; 2 shall serve |
until the third Monday in January, 2007; 2 shall serve until |
the third Monday in January, 2008; 2 shall serve until the |
third Monday in January, 2009; and 2 shall serve until the |
third Monday in January, 2010. All successors to these original |
public members shall be appointed by the Governor with the |
advice and consent of the Senate, or by the Director of |
Commerce and Economic Opportunity, as the case may be, pursuant |
to subsection (b), and shall hold office for a term of 3 years |
commencing the third Monday in January of the year in which |
their term commences, except in the case of an appointment to |
fill a vacancy. Vacancies occurring among the public members |
shall be filled for the
remainder of the term. In case of
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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 the
office and, upon confirmation by the |
Senate, he or she shall hold office during
the remainder of the |
term
and until a successor is appointed and qualified. Members |
of the Authority are
not entitled to
compensation for their |
services as members but are entitled to reimbursement
for all |
necessary expenses
incurred in connection with the performance |
of their duties as members.
Members of the Board may |
participate in Board meetings by teleconference or video |
conference.
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(f) The Governor may remove any public member of the |
Authority appointed by the Governor, and the Director of |
Commerce and Economic Opportunity may remove any public member |
appointed by the Director, in case of
incompetence, neglect of
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duty, or malfeasance in office.
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(g) The Board shall appoint an Executive Director who shall |
have a
background in finance, including
familiarity with the |
legal and procedural requirements of issuing bonds, real
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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, |
perform
such other duties as may
be prescribed from time to |
time by the members, and receive compensation fixed
by the |
Authority. The
Executive Director shall attend all meetings of |
the Authority. However, no
action of the Authority shall be
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invalid on account of the absence of the Executive Director |
from a meeting. The
Authority may engage
the services of the |
Illinois Finance Authority, attorneys, appraisers,
engineers, |
accountants, credit
analysts, and other consultants, if the |
Southeastern Illinois Economic Development Authority deems it |
advisable.
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(Source: P.A. 93-968, eff. 8-20-04.)
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(70 ILCS 518/25)
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Sec. 25. Duty. All official acts of the Authority shall |
require the
approval of at least 6 members. It
shall be the |
duty of the Authority to promote development within the |
territorial jurisdiction of the Authority. The Authority shall |
use the powers conferred upon it to assist in the
development, |
construction,
and acquisition of industrial, commercial, |
housing, or residential projects
within its territorial |
jurisdiction
those counties.
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(Source: P.A. 93-968, eff. 8-20-04.)
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(70 ILCS 518/45)
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Sec. 45. Acquisition.
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(a) The Authority may, but need not, acquire title to any |
project with
respect to which it exercises its
authority.
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(b) The Authority shall have power to acquire by purchase, |
lease, gift, or
otherwise any property or
rights therein from |
any person or persons, the State of Illinois, any municipal
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corporation, any local unit of
government, the government of |
the United States and any agency or
instrumentality of the |
United States,
any body politic, or any county useful for its |
purposes, whether improved for
the purposes of any
prospective |
project or unimproved. The Authority may also accept any |
donation
of funds for its purposes
from any of these sources.
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(c) The Authority shall have power to develop, construct, |
and improve,
either under its own direction or
through |
collaboration with any approved applicant, or to acquire, |
through
purchase or otherwise, any
project, using for this |
purpose the proceeds derived from its sale of revenue
bonds, |
notes, or other
evidences of indebtedness or governmental loans |
or grants and shall have the
power to hold title to those
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projects in the name of the Authority.
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(d) The Authority shall have the power to enter into |
intergovernmental
agreements with the State of
Illinois, the |
counties of Fayette, Cumberland, Clark, Effingham, Jasper, |
Crawford, Marion, Clay, Richland, Lawrence, Jefferson, Wayne, |
Edwards, Wabash, Hamilton, and White; Irvington Township in |
Washington County;
, the Illinois
Development Finance |
Authority, the Illinois Housing
Development Authority, the |
Illinois Education Facilities Authority, the
Illinois
Farm
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Development Authority, the Rural Bond Bank,
the United States |
government and any agency or instrumentality of the United
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States, any unit
of local government located within the |
territory of the Authority, or any other
unit of government to |
the
extent allowed by Article VII, Section 10 of the Illinois |
Constitution and the
Intergovernmental
Cooperation Act.
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(e) The Authority shall have the power to share employees |
with other units
of government, including
agencies of the |
United States, agencies of the State of Illinois, and agencies
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or personnel of any unit of
local government.
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(f) The Authority shall have the power to exercise powers |
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and issue bonds as
if it were a municipality so
authorized in |
Divisions 12.1, 74, 74.1, 74.3, and 74.5 of Article 11 of the
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Illinois Municipal Code.
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(Source: P.A. 93-968, eff. 8-20-04.)
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Section 10. The Public Water District Act is amended by |
changing Section 9 as follows:
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(70 ILCS 3705/9) (from Ch. 111 2/3, par. 196)
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Sec. 9. Every public water district organized under this |
Act and every non-profit private water company is
authorized to |
construct, maintain, alter and extend its water mains as a
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proper use of highways along, upon, under and across any |
highway, street,
alley or public ground in the State, but so as |
not to inconvenience the
public use thereof, and the right and |
authority are hereby granted to any
such district or non-profit |
private water company to construct, maintain and operate any |
conduit or conduits,
water pipe or pipes, wholly or partially |
buried or otherwise in, upon and
along any of the lands owned |
by said State under any of the public waters
therein; provided |
that the right, permission and authority hereby granted
shall |
be subject to all public rights of commerce and navigation and |
the
authority of the United States in behalf of such public |
rights, and also to
the laws of the State of Illinois to |
regulate and control the same.
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(Source: Laws 1945, p. 1187.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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