Public Act 096-0946
HB6419 Enrolled LRB096 21047 MJR 36897 b

    AN ACT concerning regulation.
    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 School
District Intergovernmental Cooperation Renewable Energy Act.
    Section 5. Findings. The General Assembly finds that there
is a need to promote the use of renewable energy resources,
including facilities designed to convert wind or solar power to
energy, and to promote employment in the construction and
operation of such facilities, and further finds that a means of
meeting such need is to authorize school districts to join
together to acquire and construct facilities for such purposes.
    Section 10. Definitions. In this Act:
    "Agency" means a joint action agency organized and
operating under this Act.
    "Applicable law" means any provision of law, including this
Act, authorizing school districts to issue bonds as that term
is defined in the Local Government Debt Reform Act.
    "Board" means the board of directors of an agency organized
under this Act.
    "Bond" means a bond as such term is defined in the Local
Government Debt Reform Act issued by an agency payable from one
or more of the agency's revenue sources and other sources as
the agency may lawfully pledge, which sources may include
school district bonds or proceeds or payments to be made
pursuant to an intergovernmental agreement.
    "Eligible project" means any land or rights in land, plant,
works, system, facility, machinery, intellectual property, or
other real or personal property of any nature whatsoever,
together with all parts thereof and appurtenances thereto, used
or useful in the generation, production, such distribution or
transmission as may be required in a relevant electric service
agreement, purchase, sale, exchange, or interchange of
electrical energy derived from renewable energy resources as
defined in Section 1-10 of the Illinois Power Agency Act,
including wind, solar power, and other renewable resources, and
in the acquisition, extraction, conversion, transportation,
storage, or reprocessing of ancillary fuel of any kind for any
of those purposes, or any interest in, or right to the use,
services, output, or capacity of any plant, works, system, or
    "Governing body" means the school board having charge of
the corporate affairs of a school district.
    "Intergovernmental agreement" means the agreement by which
an agency is formed by school districts pursuant to this Act.
    "Members" means the school districts joining pursuant to
intergovernmental agreement to organize an agency under this
    "Resolution" means a resolution duly adopted by a governing
    "Revenue source" means any revenue source as such term is
defined in the Local Government Debt Reform Act.
    "School district" means a combined elementary district, a
combined high school district, a combined unit district, a unit
district, a combined high school unit district, an elementary
district, or an optional elementary unit district organized and
operating under the School Code of the State of Illinois, but
does not include any office, officer, department, division,
bureau, board, commission, or similar agency of the State of
    "School district bond" means any bond as such term is
defined in the Local Government Debt Reform Act authorized or
issued by or on behalf of a school district under applicable
    Section 15. Powers supplemental. The provisions of this Act
are intended to be supplemental and, in addition to all other
powers or authorities granted to any school district, shall be
construed liberally and shall not be construed as a limitation
of any power or authority otherwise granted.
    Section 20. Actions by resolution. All actions to be taken
by a school district or an agency pursuant to this Act shall be
fully effective if taken by resolution.
    Section 25. Agency status. An agency organized under this
Act shall be a unit of local government of the State of
Illinois and a body politic and corporate.
    Section 30. Organization. Any 2 or more school districts,
whether contiguous or noncontiguous, may form an agency by the
execution of an intergovernmental agreement authorized by
resolution adopted by the governing body of each school
district. The intergovernmental agreement shall state or may
state, as applicable, the following:
        (1) the name of the agency and the date of its
    establishment, which may be by reference to a date or the
    dates of the resolutions adopted by the governing bodies,
    and the duration of its existence, which may be perpetual;
        (2) the names of the school districts that have adopted
    the intergovernmental agreement and constitute the initial
        (3) the names and addresses of the persons initially
    appointed in the resolutions adopting the
    intergovernmental agreement to serve as initial directors
    on the board and provision for the organizational meeting
    of the agency;
        (4) provision for the terms of office of the directors
    and for alternate directors, if so provided, but such
    directors and alternate directors shall always be selected
    and vacancies in their offices declared and filled by
    resolutions adopted by the governing body of the respective
    school districts;
        (5) if so provided, provision for weighted voting among
    the school districts or by the directors;
        (6) the location by city, village, or incorporated town
    in the State of Illinois of the principal office of the
        (7) provision for amendment of the intergovernmental
        (8) if provided, initial funding for the agency, which
    may include binding agreements of the school districts to
    provide money or to issue school district bonds for the
    benefit of the agency;
        (9) provisions for the disposition, division, or
    distribution of obligations, property, and assets of the
    agency upon dissolution; and
        (10) any other provisions for regulating the business
    of the agency or the conduct of its affairs consistent with
    this Act.
    Section 35. Officers; board; bylaws.
    (a) At the organizational meeting of the board, the
directors shall elect from their members a presiding officer to
preside over the meetings of the board and an alternate
presiding officer and may elect an executive board. The board
shall determine and designate in the agency's bylaws the titles
for the presiding officers. The directors shall also elect a
secretary and treasurer, who need not be directors. The board
may select such other officers, employees, and agents as deemed
to be necessary, who need not be directors or residents of any
of the school districts that are members. The board may
designate appropriate titles for all other officers,
employees, and agents. All persons selected by the board shall
hold their respective offices at the pleasure of the board, and
give bond as may be required by the board.
    (b) The board is the corporate authority of the agency and
shall exercise all the powers and manage and control all of the
affairs and property of the agency. The board shall have full
power to pass all necessary resolutions and rules for the
proper management and conduct of the business of the agency and
for carrying into effect the objects for which the agency was
established. The board shall have not less than one meeting
each year for the election of officers and the transaction of
any other business. Unless otherwise provided by this Act, the
intergovernmental agreement, or the bylaws, an act of the
majority of the directors present at a meeting at which a
quorum is present is required for an act of the board.
    (c) The board shall adopt bylaws that may include without
limitation the following provisions:
        (1) the rights and obligations of members consistent
    with the intergovernmental agreement and this Act;
        (2) if not governed in the intergovernmental
    agreement, then the manner of adding new members and the
    rights and obligations of the members;
        (3) the time, place, and date of the regular meeting or
    meetings and the procedures for calling special meetings of
    the board;
        (4) procedural rules;
        (5) the composition, powers, and responsibilities of
    any committee or executive board;
        (6) the criteria as called for in item (20) of Section
    55 of this Act; and
        (7) other rules or provisions for regulating the
    affairs of the agency as the board shall determine to be
    Section 40. Filing. Within 3 months after the
organizational meeting, the board shall cause a certified copy
of the intergovernmental agreement to be filed with the
Secretary of State of Illinois. The Secretary of State shall
accept such filing and issue an acknowledgement of filing over
his or her signature and the Great Seal of the State. The
Secretary of State shall make and keep a register of agencies
established under this Act.
    Section 45. Place of business. Every agency shall maintain
an office in the State of Illinois to be known as its principal
office. When an agency desires to change the location of such
office, it shall file with the Secretary of State a certificate
of change of location, stating the new address and the
effective date of change. Meetings of the board may be held at
any place within the State of Illinois designated by the board
after notice.
    Section 50. Lawful expense of school district. Each member
shall have full power and authority to appropriate money from
its operation and maintenance fund, by whatever name now or
hereafter known, for the payment of the expenses of the agency
and of its representative in exercising its functions as a
member of the agency, which expenses may include payment of
principal of and interest on bonds of the agency for a period
not greater than 40 years after the dated date of any bonds.
Each member shall have full power and authority, subject to the
provisions of applicable law, to agree to the issuance and
delivery of school district bonds to aid the agency.
    Section 55. Powers and duties generally. An agency shall
have all the powers and duties enumerated in this Section in
furtherance of the purposes of this Act. In the exercise
thereof it shall be deemed to be performing an essential
governmental function and exercising a part of the sovereign
powers of the State of Illinois, separate and distinct from
member school districts, and shall have the privileges,
immunities, and rights of a public body politic and corporate,
municipal corporation, and unit of local government, but shall
not have taxing power. All powers of the agency shall be
exercised by its board unless otherwise provided by the bylaws.
        (1) An agency may plan, finance, acquire, construct,
    reconstruct, own, lease, operate, maintain, repair,
    improve, extend, or otherwise participate in, individually
    or jointly with other persons or other entities of any
    type, one or more eligible projects, proposed, existing, or
    under construction, within or without the State of
    Illinois, acquire any interest in or any right to products
    and services of an eligible project, purchase, own, sell,
    dispose of, or otherwise participate in securities issued
    in connection with the financing of an eligible project or
    any portion thereof, create such subsidiary entity or
    entities of any type as may be necessary or desirable, and
    may act as agent, or designate one or more persons, public
    agencies, or other entities of any type, whether or not
    participating in an eligible project, to act as its agent,
    in connection with the planning, financing, acquisition,
    construction, reconstruction, ownership, lease, operation,
    maintenance, repair, extension, or improvement of the
    eligible project.
        (2) An agency may investigate the desirability of and
    necessity for additional means of providing electrical
    energy from wind sources of any kind for such purpose and
    make studies, surveys, and estimates as may be necessary to
    determine its feasibility and cost.
        (3) An agency may cooperate with other persons, public
    agencies, or other entities of any type in the development
    of means of providing electrical energy from wind sources
    of any kind for those purposes and give assistance with
    personnel and equipment in any eligible project.
        (4) An agency may structure the ownership and
    investment in an eligible project in such a way as to
    maximize the use of any available United States federal
    incentives for such projects, including, but not limited
    to, New Markets Tax Credits under Section 45D of the
    Internal Revenue Code of 1986, as amended, or any successor
        (5) An agency may apply for consents, authorizations,
    or approvals required for any eligible project within its
    powers and take all actions necessary to comply with the
    conditions thereof.
        (6) An agency may perform any act authorized by this
    Act through, or by means of, its officers, agents, or
    employees or by contract with others, including without
    limitation the employment of engineers, architects,
    attorneys, appraisers, financial advisors, and such other
    consultants and employees as may be required in the
    judgment of the agency, and fix and pay their compensation
    from funds available to the agency.
        (7) An agency may, individually or jointly with other
    persons, public agencies, or other entities of any type,
    acquire, hold, use, and dispose of income, revenues, funds,
    and money.
        (8) An agency may, individually or jointly with other
    persons, public agencies, or other entities of any type,
    acquire, own, hire, use, operate and dispose of personal
    property and any interest therein.
        (9) An agency may, individually or jointly with other
    persons, public agencies, or other entities of any type,
    acquire, own, use, lease as lessor or lessee, operate, and
    dispose of real property and interests in real property,
    including eligible projects existing, proposed, or under
    construction, and make improvements thereon.
        (10) An agency may grant the use by franchise, lease,
    or otherwise and make charges for the use of any property
    or facility owned or controlled by it.
        (11) An agency may borrow money and issue negotiable
    bonds, secured or unsecured, in accordance with this Act.
        (12) An agency may invest money of the agency not
    required for immediate use, including proceeds from the
    sale of any bonds, in such obligations, securities, and
    other investments as authorized by the provisions of the
    Public Funds Investment Act.
        (13) An agency may determine the location and character
    of, and all other matters in connection with, any and all
    eligible projects it is authorized to acquire, hold,
    establish, effectuate, operate, or control.
        (14) An agency may contract with any persons, public
    agencies, or other entities of any type for the planning,
    development, construction, or operation of any eligible
    project or for the sale, transmission, or distribution of
    the products and services of any eligible project, or for
    any interest therein or any right to the products and
    services thereof, on such terms and for such period not in
    excess of 50 years of time as its board shall determine.
        (15) An agency may enter into any contract or agreement
    necessary, appropriate, or incidental to the effectuation
    of its lawful purposes and the exercise of the powers
    granted by this Act for a period not in excess of 50 years
    in time, including without limitation contracts or
    agreements for the purchase, sale, exchange, interchange,
    wheeling, pooling, transmission, distribution, or storage
    of electrical energy and fuel of any kind for any such
    purposes, within and without the State of Illinois, in such
    amounts as it shall determine to be necessary and
    appropriate to make the most effective use of its powers
    and to meet its responsibilities, on such terms and for
    such period of time as its board determines. Any such
    contract or agreement may include provisions for
    requirements purchases, restraints on resale or other
    dealings, exclusive dealing, pricing, territorial
    division, and other conduct or arrangements that do not
    have an anti-competitive effect. Provided, however, that
    the production, interconnection, transmission,
    distribution, and sale at wholesale or retail of electric
    energy generated by the eligible project must be in
    accordance with all laws, regulations, and rules
    applicable to generators of electricity, alternative
    retail electric suppliers, municipal utilities, or
    electric cooperatives, as applicable, but further provided
    that this provision does not affect any exemption otherwise
    available under the Public Utilities Act.
        (16) An agency may procure insurance against any losses
    in connection with its property, operations, or assets in
    such amounts and from such insurers as it deems desirable
    or may self-insure or enter into pooled insurance
    arrangements with other school districts against such
        (17) An agency may contract for and accept any gifts or
    grants or loans of funds or property or financial or other
    aid in any form from any source and may comply, subject to
    the provisions of this Act, with the terms and conditions
        (18) An agency may mortgage, pledge, or grant a
    security interest in any or all of its real and personal
    property to secure the payment of its bonds or contracts.
        (19) That part of an eligible project owned by an
    agency shall be exempt from property taxes.
        (20) An agency shall not be subject to any taxes of the
    State of Illinois based on or measured by income or
    receipts or revenue.
        (21) An agency may adopt a corporate seal and may sue
    and be sued.
        (22) An agency may exercise all other powers not
    inconsistent with the Constitution of the State of Illinois
    or the United States Constitution, which powers may be
    reasonably necessary or appropriate for or incidental to
    effectuate its authorized purposes or to the exercise of
    any of the powers enumerated in this Act.
    Section 60. Bonds. An agency may issue bonds pursuant to
applicable law and the following provisions:
        (1) An agency may from time to time issue its bonds in
    such principal amounts as the agency shall deem necessary
    to provide sufficient funds to carry out any of its
    corporate purposes and powers, including without
    limitation the acquisition, construction, or termination
    of any eligible project to be owned or leased, as lessor or
    lessee, by the agency, or the acquisition of any interest
    therein or any right to the products or services thereof,
    the funding or refunding of the principal of, redemption
    premium, if any, and interest on, any bonds issued by it
    whether or not such bonds or interest to be funded or
    refunded have or have not become due, the payment of
    engineering, legal and other expenses, together with
    interest for a period of 3 years or to a date one year
    subsequent to the estimated date of completion of the
    project, whichever period is longer, the establishment or
    increase of reserves to secure or to pay such bonds or
    interest thereon, the providing of working capital and the
    payment of all other costs or expenses of the agency
    incident to and necessary or convenient to carry out its
    corporate purposes and powers.
        (2) Every issue of bonds of the agency shall be payable
    out of the revenues or funds available to the agency,
    subject to any agreements with the holders of particular
    bonds pledging any particular revenues or funds. An agency
    may issue types of bonds as it may determine, including
    bonds as to which the principal and interest are payable
    exclusively from the revenues from one or more projects, or
    from an interest therein or a right to the products and
    services thereof, or from one or more revenue producing
    contracts made by the agency, or its revenues generally.
    Any such bonds may be additionally secured by a pledge of
    any grant, subsidy, or contribution from any source or a
    pledge of any income or revenues, funds, or moneys of the
    agency from any source whatsoever.
        (3) All bonds of an agency shall have all the qualities
    of negotiable instruments under the laws of this State.
        (4) Bonds of an agency shall be authorized by
    resolution of its board and may be issued under such
    resolution or under a trust indenture or other security
    agreement, in one or more series, and shall bear the date
    or dates, mature at a time or times within the estimated
    period of usefulness of the project involved and in any
    event not more than 40 years after the date thereof, bear
    interest at such rate or rates without regard to any
    limitation in any other law, be in such denominations, be
    in such form, either coupon or registered, carry such
    conversion, registration, and exchange privileges, have
    such rank or priority, be executed in such manner, be
    payable in such medium of payment at such place or places
    within or without the State of Illinois, be subject to such
    terms of redemption with or without premium, and contain or
    be subject to such other terms as the resolution, trust
    indenture, or other security agreement may provide, and
    shall not be restricted by the provisions of any other law
    limiting the amounts, maturities, interest rates, or other
    terms of obligations of units of local government or
    private parties. The bonds shall be sold in a manner and at
    such price as the board shall determine at private or
    public sale.
        (5) Bonds of an agency may be issued under the
    provisions of this Act without obtaining the consent of any
    department, division, commission, board, bureau, or agency
    of the State of Illinois or of any member, except as may be
    limited in an intergovernmental agreement, and without any
    other proceeding or the happening of any other condition or
    occurrence except as specifically required by this Act.
        (6) The resolution, trust indenture, or other security
    agreement under which any bonds are issued shall constitute
    a contract with the holders of the bonds and may contain
    provisions, among others, prescribing:
            (A) the terms and provisions of the bonds;
            (B) the mortgage or pledge of and the grant of a
        security interest in any real or personal property and
        all or any part of the revenue from any project or any
        revenue producing contract made by the agency to secure
        the payment of bonds, subject to any agreements with
        the holders of bonds which might then exist;
            (C) the custody, collection, securing,
        investments, and payment of any revenues, assets,
        money, funds, or property with respect to which the
        agency may have any rights or interest;
            (D) the rates or charges for the products or
        services rendered by the agency, the amount to be
        raised by the rates or charges, and the use and
        disposition of any or all revenue;
            (E) the creation of reserves or sinking funds and
        the regulation and disposition thereof;
            (F) the purposes to which the proceeds from the
        sale of any bonds then or thereafter to be issued may
        be applied, and the pledge of revenues to secure the
        payment of the bonds;
            (G) the limitations on the issuance of any
        additional bonds, the terms upon which additional
        bonds may be issued and secured, and the refunding of
        outstanding bonds;
            (H) the rank or priority of any bonds with respect
        to any lien or security;
            (I) the creation of special funds or moneys to be
        held in trust or otherwise for operational expenses,
        payment, or redemption of bonds, reserves or other
        purposes, and the use and disposition of moneys held in
        such funds;
            (J) the procedure by which the terms of any
        contract with or for the benefit of the holders of
        bonds may be amended or revised, the amount of bonds
        the holders of which must consent thereto, and the
        manner in which consent may be given;
            (K) the definition of the acts or omissions to act
        that shall constitute a default in the duties of the
        agency to holders of its bonds, and the rights and
        remedies of the holders in the event of default,
        including, if the agency so determines, the right to
        accelerate the due date of the bonds or the right to
        appoint a receiver or receivers of the property or
        revenues subject to the lien of the resolution, trust
        indenture, or other security agreement;
            (L) any other or additional agreements with or for
        the benefit of the holders of bonds or any covenants or
        restrictions necessary or desirable to safeguard the
        interests of the holders;
            (M) the custody of its properties or investments,
        the safekeeping thereof, the insurance to be carried
        thereon, and the use and disposition of insurance
            (N) the vesting in a trustee or trustees, within or
        without the State of Illinois, of such properties,
        rights, powers, and duties in trust as the agency may
        determine; or the limiting or abrogating of the rights
        of the holders of any bonds to appoint a trustee, or
        the limiting of the rights, powers, and duties of such
        trustee; or
            (O) the appointment of and the establishment of the
        duties and obligations of any paying agent or other
        fiduciary within or without the State of Illinois.
        (7) For the security of bonds issued or to be issued by
    an agency, the agency may mortgage or execute deeds of
    trust of the whole or any part of its property and
    franchises. Any pledge of revenues, securities, contract
    rights, or other personal property made by an agency
    pursuant to this Act shall be valid and binding from the
    date the pledge is made. The revenues, securities, contract
    rights, or other personal property so pledged and then held
    or thereafter received by the agency or any fiduciary shall
    immediately be subject to the lien of the pledge without
    any physical delivery thereof or further act, and the lien
    of the pledge shall be valid and binding as against all
    parties having claims of any kind in tort, contract, or
    otherwise against the agency without regard to whether the
    parties have notice. The resolution, trust indenture,
    security agreement, or other instrument by which a pledge
    is created shall be recorded in the county in which the
    principal office is located in the manner provided by law.
        (8) Neither the officials, the directors, nor the
    members of an agency nor any person executing bonds shall
    be liable personally on the bonds or be subject to any
    personal liability or accountability by reason of the
    issuance thereof. An agency shall have power to indemnify
    and to purchase and maintain insurance on behalf of any
    director, officer, employee, or agent of the agency, in
    connection with any threatened, pending, or completed
    action, suit, or proceeding.
        (9) An agency shall have power to purchase out of any
    funds available therefor, bonds, and to hold for
    re-issuance, pledge, cancel, or retire the bonds and
    coupons prior to maturity, subject to and in accordance
    with any agreements with the holders.
        (10) The principal of and interest upon any bonds
    issued by an agency shall be payable solely from the
    revenue sources or funds pledged or available for their
    payment as authorized in this Act. Each bond shall contain
    a statement that it constitutes an obligation of the agency
    issuing the bond, that its principal and interest are
    payable solely from revenues or funds of the agency and
    that neither the State of Illinois nor any political
    subdivision thereof, except the issuer, nor any school
    district that is a member of the agency, is obligated to
    pay the principal or interest on the bonds and that neither
    the faith and credit nor the taxing power of the State of
    Illinois or any such political subdivision thereof or of
    any such school district is pledged to the payment of the
    principal of or the interest on the bonds.
    Section 65. Charges. An agency may establish, levy, and
collect or may authorize, by contract, franchise, lease, or
otherwise, the establishment, levying, and collection of
rents, rates, and other charges for the products and services
afforded by the agency or by or in connection with any eligible
project or properties that it may construct, acquire, own,
operate, or control or with respect to which it may have any
interest or any right to the products and services thereof as
it may deem necessary, proper, desirable, or reasonable, except
that such agency shall not sell electricity to end-use
customers otherwise than in accordance with the provisions of
the Public Utilities Act, but further provided that this
provision does not affect any exemption otherwise available to
the agency under the Public Utilities Act. Rents, rates, and
other charges shall be established so as to be sufficient to
meet the operation, maintenance, and other expenses thereof,
including reasonable reserves, interest, and principal
payments, including payments into one or more sinking funds for
the retirement of principal. An agency may pledge its rates,
rents, and other revenue, or any part thereof, as security for
the repayment, with interest and premium, if any, of any moneys
borrowed by it or advanced to it for any of its authorized
purposes and as security for the payment of amounts due and
owing by it under any contract.
    Section 70. School districts may contract.
    (a) In order to accomplish the purposes of this Act, a
school district may enter into and carry out contracts and
agreements for the sale, lease, or other use of property, real
or personal, cooperative provision of services, such as police
services, or the purchase of power from an agency, or
transmission services, development services, and other
    (b) Any contract and agreement shall be for a period not to
exceed 50 years and shall contain other terms, conditions, and
provisions that are not inconsistent with the provisions of
this Act as the governing body of such school district shall
approve, including without limitation provisions whereby the
school district is obligated to pay for the products and
services of an agency without set-off or counterclaim and
irrespective of whether such products or services are
furnished, made available, or delivered to the school district,
or whether any project contemplated by any such contract and
agreement is completed, operable or operating, and
notwithstanding suspension, interruption, interference,
reduction, or curtailment of the products and services of the
    (c) Any contract and agreement may be pledged by the agency
to secure its obligations and may provide that if one or more
school districts defaults in the payment of its obligations
under such contract and agreement, the remaining school
districts having such contracts and agreements shall be
required to pay for and shall be entitled proportionately to
use or otherwise dispose of the products and services that were
to be purchased by the defaulting school district.
    (d) Any contract and agreement providing for payments by a
school district shall be an obligation of the school district
payable from and secured by such lawfully available funds as
may be made pursuant to applicable law. Notwithstanding the
sources of funds pledged, any contract between the agency and
its members with respect to an eligible project shall not
constitute an indebtedness of such members within any statutory
    (e) Nothing in this Act shall be construed to preclude a
school district from appropriating and using taxes and other
revenues received in any year to make payments due or to comply
with covenants to be performed during that year under any
contract or agreement for a term of years entered into as
contemplated in this Act, subject to the provisions of
applicable law.
    (f) Any contract or agreement may include provisions for
requirements purchases, restraints on resale or other
dealings, exclusive dealing, pricing, territorial division,
and other conduct or arrangements that do not have an
anti-competitive effect. Provided, however, that the
production, interconnection, transmission, distribution, and
sale at wholesale or retail of electric energy generated by the
eligible project must be in accordance with all laws,
regulations, and rules applicable to generators of
electricity, alternative retail electric suppliers, municipal
utilities, or electric cooperatives, as applicable, but
further provided that this provision does not affect any
exemption otherwise available under the Public Utilities Act.
    (g) Notwithstanding the provisions of any other law, in the
making of a contract or agreement between an agency and a
member, the director of the agency who represents such member
must recuse himself or herself from participation in
discussions or voting as director, but may participate and vote
in his or her capacity as an officer of the governing body of
such member, and such participation and voting shall not be a
conflict of interest.
    Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
    Section 999. Effective date. This Act takes effect upon
becoming law.

Effective Date: 6/25/2010