Public Act 103-0517
HB1131 EnrolledLRB103 05007 AWJ 50020 b HB1131 Enrolled LRB103 05007 AWJ 50020 b
HB1131 Enrolled LRB103 05007 AWJ 50020 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Governmental Ethics Act is amended
by changing Section 4A-101 as follows:
(5 ILCS 420/4A-101) (from Ch. 127, par. 604A-101)
Sec. 4A-101. Persons required to file with the Secretary
of State. The following persons shall file verified written
statements of economic interests with the Secretary of State,
as provided in this Article:
(a) Members of the General Assembly and candidates for
nomination or election to the General Assembly.
(b) Persons holding an elected office in the Executive
Branch of this State, and candidates for nomination or
election to these offices.
(c) Members of a Commission or Board created by the
Illinois Constitution, and candidates for nomination or
election to such Commission or Board.
(d) Persons whose appointment to office is subject to
confirmation by the Senate and persons appointed by the
Governor to any other position on a board or commission
described in subsection (a) of Section 15 of the
Gubernatorial Boards and Commissions Act.
HB1131 Enrolled LRB103 05007 AWJ 50020 b
(e) Holders of, and candidates for nomination or
election to, the office of judge or associate judge of the
Circuit Court and the office of judge of the Appellate or
Supreme Court.
(f) Persons who are employed by any branch, agency,
authority or board of the government of this State,
including but not limited to, the Illinois State Toll
Highway Authority, the Illinois Housing Development
Authority, the Illinois Community College Board, and
institutions under the jurisdiction of the Board of
Trustees of the University of Illinois, Board of Trustees
of Southern Illinois University, Board of Trustees of
Chicago State University, Board of Trustees of Eastern
Illinois University, Board of Trustees of Governors State
University, Board of Trustees of Illinois State
University, Board of Trustees of Northeastern Illinois
University, Board of Trustees of Northern Illinois
University, Board of Trustees of Western Illinois
University, or Board of Trustees of the Illinois
Mathematics and Science Academy, and are compensated for
services as employees and not as independent contractors
and who:
(1) are, or function as, the head of a department,
commission, board, division, bureau, authority or
other administrative unit within the government of
this State, or who exercise similar authority within
the government of this State;
(2) have direct supervisory authority over, or
direct responsibility for the formulation,
negotiation, issuance or execution of contracts
entered into by the State in the amount of $5,000 or
more;
(3) have authority for the issuance or
promulgation of rules and regulations within areas
under the authority of the State;
(4) have authority for the approval of
professional licenses;
(5) have responsibility with respect to the
financial inspection of regulated nongovernmental
entities;
(6) adjudicate, arbitrate, or decide any judicial
or administrative proceeding, or review the
adjudication, arbitration or decision of any judicial
or administrative proceeding within the authority of
the State;
(7) have supervisory responsibility for 20 or more
employees of the State;
(8) negotiate, assign, authorize, or grant naming
rights or sponsorship rights regarding any property or
asset of the State, whether real, personal, tangible,
or intangible; or
(9) have responsibility with respect to the
procurement of goods or services.
(f-5) Members of the board of commissioners of any
flood prevention district created under the Flood
Prevention District Act or the Beardstown Regional Flood
Prevention District Act.
(g) (Blank).
(h) (Blank).
(i) (Blank).
(j) Persons on the Board of Trustees of the Illinois
Mathematics and Science Academy.
(k) (Blank).
(l) Special government agents. A "special government
agent" is a person who is directed, retained, designated,
appointed, or employed, with or without compensation, by
or on behalf of a statewide executive branch
constitutional officer to make an ex parte communication
under Section 5-50 of the State Officials and Employees
Ethics Act or Section 5-165 of the Illinois Administrative
Procedure Act.
(m) (Blank).
(n) Members of the board of any retirement system or
investment board established under the Illinois Pension
Code, if not required to file under any other provision of
this Section.
(o) (Blank).
(p) Members of the investment advisory panel created
under Section 20 of the Illinois Prepaid Tuition Act.
(q) Persons serving as Executive Director or otherwise
involved with directing the affairs of a Regional
Development Authority. As used in this subsection,
"Regional Development Authority" has the meaning given to
that term in Section 1-5 of the State Officials and
Employees Ethics Act.
This Section shall not be construed to prevent any unit of
local government from enacting financial disclosure
requirements that mandate more information than required by
this Act.
(Source: P.A. 101-81, eff. 7-12-19; 101-221, eff. 8-9-19.)
Section 10. The State Officials and Employees Ethics Act
is amended by changing Sections 1-5, 20-5, 20-10, 20-23, and
75-5 and changing the heading of Article 75 as follows:
(5 ILCS 430/1-5)
Sec. 1-5. Definitions. As used in this Act:
"Appointee" means a person appointed to a position in or
with a State agency, regardless of whether the position is
compensated.
"Board members of Regional Development Authorities" means
any person appointed to serve on the governing board of a
Regional Development Authority.
"Board members of Regional Transit Boards" means any
person appointed to serve on the governing board of a Regional
Transit Board.
"Campaign for elective office" means any activity in
furtherance of an effort to influence the selection,
nomination, election, or appointment of any individual to any
federal, State, or local public office or office in a
political organization, or the selection, nomination, or
election of Presidential or Vice-Presidential electors, but
does not include activities (i) relating to the support or
opposition of any executive, legislative, or administrative
action (as those terms are defined in Section 2 of the Lobbyist
Registration Act), (ii) relating to collective bargaining, or
(iii) that are otherwise in furtherance of the person's
official State duties.
"Candidate" means a person who has filed nominating papers
or petitions for nomination or election to an elected State
office, or who has been appointed to fill a vacancy in
nomination, and who remains eligible for placement on the
ballot at either a general primary election or general
election.
"Collective bargaining" has the same meaning as that term
is defined in Section 3 of the Illinois Public Labor Relations
Act.
"Commission" means an ethics commission created by this
Act.
"Compensated time" means any time worked by or credited to
a State employee that counts toward any minimum work time
requirement imposed as a condition of employment with a State
agency, but does not include any designated State holidays or
any period when the employee is on a leave of absence.
"Compensatory time off" means authorized time off earned
by or awarded to a State employee to compensate in whole or in
part for time worked in excess of the minimum work time
required of that employee as a condition of employment with a
State agency.
"Contribution" has the same meaning as that term is
defined in Section 9-1.4 of the Election Code.
"Employee" means (i) any person employed full-time,
part-time, or pursuant to a contract and whose employment
duties are subject to the direction and control of an employer
with regard to the material details of how the work is to be
performed or (ii) any appointed or elected commissioner,
trustee, director, or board member of a board of a State
agency, including any retirement system or investment board
subject to the Illinois Pension Code or (iii) any other
appointee.
"Employment benefits" include but are not limited to the
following: modified compensation or benefit terms; compensated
time off; or change of title, job duties, or location of office
or employment. An employment benefit may also include
favorable treatment in determining whether to bring any
disciplinary or similar action or favorable treatment during
the course of any disciplinary or similar action or other
performance review.
"Executive branch constitutional officer" means the
Governor, Lieutenant Governor, Attorney General, Secretary of
State, Comptroller, and Treasurer.
"Gift" means any gratuity, discount, entertainment,
hospitality, loan, forbearance, or other tangible or
intangible item having monetary value including, but not
limited to, cash, food and drink, and honoraria for speaking
engagements related to or attributable to government
employment or the official position of an employee, member, or
officer. The value of a gift may be further defined by rules
adopted by the appropriate ethics commission or by the Auditor
General for the Auditor General and for employees of the
office of the Auditor General.
"Governmental entity" means a unit of local government
(including a community college district) or a school district
but not a State agency, or a Regional Transit Board, or a
Regional Development Authority.
"Leave of absence" means any period during which a State
employee does not receive (i) compensation for State
employment, (ii) service credit towards State pension
benefits, and (iii) health insurance benefits paid for by the
State.
"Legislative branch constitutional officer" means a member
of the General Assembly and the Auditor General.
"Legislative leader" means the President and Minority
Leader of the Senate and the Speaker and Minority Leader of the
House of Representatives.
"Member" means a member of the General Assembly.
"Officer" means an executive branch constitutional officer
or a legislative branch constitutional officer.
"Political" means any activity in support of or in
connection with any campaign for elective office or any
political organization, but does not include activities (i)
relating to the support or opposition of any executive,
legislative, or administrative action (as those terms are
defined in Section 2 of the Lobbyist Registration Act), (ii)
relating to collective bargaining, or (iii) that are otherwise
in furtherance of the person's official State duties or
governmental and public service functions.
"Political organization" means a party, committee,
association, fund, or other organization (whether or not
incorporated) that is required to file a statement of
organization with the State Board of Elections or a county
clerk under Section 9-3 of the Election Code, but only with
regard to those activities that require filing with the State
Board of Elections or a county clerk.
"Prohibited political activity" means:
(1) Preparing for, organizing, or participating in any
political meeting, political rally, political
demonstration, or other political event.
(2) Soliciting contributions, including but not
limited to the purchase of, selling, distributing, or
receiving payment for tickets for any political
fundraiser, political meeting, or other political event.
(3) Soliciting, planning the solicitation of, or
preparing any document or report regarding any thing of
value intended as a campaign contribution.
(4) Planning, conducting, or participating in a public
opinion poll in connection with a campaign for elective
office or on behalf of a political organization for
political purposes or for or against any referendum
question.
(5) Surveying or gathering information from potential
or actual voters in an election to determine probable vote
outcome in connection with a campaign for elective office
or on behalf of a political organization for political
purposes or for or against any referendum question.
(6) Assisting at the polls on election day on behalf
of any political organization or candidate for elective
office or for or against any referendum question.
(7) Soliciting votes on behalf of a candidate for
elective office or a political organization or for or
against any referendum question or helping in an effort to
get voters to the polls.
(8) Initiating for circulation, preparing,
circulating, reviewing, or filing any petition on behalf
of a candidate for elective office or for or against any
referendum question.
(9) Making contributions on behalf of any candidate
for elective office in that capacity or in connection with
a campaign for elective office.
(10) Preparing or reviewing responses to candidate
questionnaires in connection with a campaign for elective
office or on behalf of a political organization for
political purposes.
(11) Distributing, preparing for distribution, or
mailing campaign literature, campaign signs, or other
campaign material on behalf of any candidate for elective
office or for or against any referendum question.
(12) Campaigning for any elective office or for or
against any referendum question.
(13) Managing or working on a campaign for elective
office or for or against any referendum question.
(14) Serving as a delegate, alternate, or proxy to a
political party convention.
(15) Participating in any recount or challenge to the
outcome of any election, except to the extent that under
subsection (d) of Section 6 of Article IV of the Illinois
Constitution each house of the General Assembly shall
judge the elections, returns, and qualifications of its
members.
"Prohibited source" means any person or entity who:
(1) is seeking official action (i) by the member or
officer or (ii) in the case of an employee, by the employee
or by the member, officer, State agency, or other employee
directing the employee;
(2) does business or seeks to do business (i) with the
member or officer or (ii) in the case of an employee, with
the employee or with the member, officer, State agency, or
other employee directing the employee;
(3) conducts activities regulated (i) by the member or
officer or (ii) in the case of an employee, by the employee
or by the member, officer, State agency, or other employee
directing the employee;
(4) has interests that may be substantially affected
by the performance or non-performance of the official
duties of the member, officer, or employee;
(5) is registered or required to be registered with
the Secretary of State under the Lobbyist Registration
Act, except that an entity not otherwise a prohibited
source does not become a prohibited source merely because
a registered lobbyist is one of its members or serves on
its board of directors; or
(6) is an agent of, a spouse of, or an immediate family
member who is living with a "prohibited source".
"Regional Development Authority" means the following
regional development authorities:
(1) the Central Illinois Economic Development
Authority created by the Central Illinois Economic
Development Authority Act;
(2) the Eastern Illinois Economic Development
Authority created by the Eastern Illinois Economic
Development Authority Act;
(3) the Joliet Arsenal Development Authority created
by the Joliet Arsenal Development Authority Act;
(4) the Quad Cities Regional Economic Development
Authority created by Quad Cities Regional Economic
Development Authority Act, approved September 22, 1987;
(5) the Riverdale Development Authority created by the
Riverdale Development Authority Act;
(6) the Southeastern Illinois Economic Development
Authority created by the Southeastern Illinois Economic
Development Authority Act;
(7) the Southern Illinois Economic Development
Authority created by the Southern Illinois Economic
Development Authority Act;
(8) the Southwestern Illinois Development Authority
created by the Southwestern Illinois Development Authority
Act;
(9) the Tri-County River Valley Development Authority
created by the Tri-County River Valley Development
Authority Law;
(10) the Upper Illinois River Valley Development
Authority created by the Upper Illinois River Valley
Development Authority Act;
(11) the Illinois Urban Development Authority created
by the Illinois Urban Development Authority Act;
(12) the Western Illinois Economic Development
Authority created by the Western Illinois Economic
Development Authority Act; and
(13) the Will-Kankakee Regional Development Authority
created by the Will-Kankakee Regional Development
Authority Law.
"Regional Transit Boards" means (i) the Regional
Transportation Authority created by the Regional
Transportation Authority Act, (ii) the Suburban Bus Division
created by the Regional Transportation Authority Act, (iii)
the Commuter Rail Division created by the Regional
Transportation Authority Act, and (iv) the Chicago Transit
Authority created by the Metropolitan Transit Authority Act.
"State agency" includes all officers, boards, commissions
and agencies created by the Constitution, whether in the
executive or legislative branch; all officers, departments,
boards, commissions, agencies, institutions, authorities,
public institutions of higher learning as defined in Section 2
of the Higher Education Cooperation Act (except community
colleges), and bodies politic and corporate of the State; and
administrative units or corporate outgrowths of the State
government which are created by or pursuant to statute, other
than units of local government (including community college
districts) and their officers, school districts, and boards of
election commissioners; and all administrative units and
corporate outgrowths of the above and as may be created by
executive order of the Governor. "State agency" includes the
General Assembly, the Senate, the House of Representatives,
the President and Minority Leader of the Senate, the Speaker
and Minority Leader of the House of Representatives, the
Senate Operations Commission, and the legislative support
services agencies. "State agency" includes the Office of the
Auditor General. "State agency" does not include the judicial
branch.
"State employee" means any employee of a State agency.
"Ultimate jurisdictional authority" means the following:
(1) For members, legislative partisan staff, and
legislative secretaries, the appropriate legislative
leader: President of the Senate, Minority Leader of the
Senate, Speaker of the House of Representatives, or
Minority Leader of the House of Representatives.
(2) For State employees who are professional staff or
employees of the Senate and not covered under item (1),
the Senate Operations Commission.
(3) For State employees who are professional staff or
employees of the House of Representatives and not covered
under item (1), the Speaker of the House of
Representatives.
(4) For State employees who are employees of the
legislative support services agencies, the Joint Committee
on Legislative Support Services.
(5) For State employees of the Auditor General, the
Auditor General.
(6) For State employees of public institutions of
higher learning as defined in Section 2 of the Higher
Education Cooperation Act (except community colleges), the
board of trustees of the appropriate public institution of
higher learning.
(7) For State employees of an executive branch
constitutional officer other than those described in
paragraph (6), the appropriate executive branch
constitutional officer.
(8) For State employees not under the jurisdiction of
paragraph (1), (2), (3), (4), (5), (6), or (7), the
Governor.
(9) For employees of Regional Transit Boards, the
appropriate Regional Transit Board.
(10) For board members of Regional Transit Boards, the
Governor.
(11) For employees of Regional Development
Authorities, the appropriate Regional Development
Authority.
(12) For board members of Regional Development
Authorities, the Governor.
(Source: P.A. 96-6, eff. 4-3-09; 96-555, eff. 8-18-09;
96-1528, eff. 7-1-11; 96-1533, eff. 3-4-11; 97-813, eff.
7-13-12.)
(5 ILCS 430/20-5)
Sec. 20-5. Executive Ethics Commission.
(a) The Executive Ethics Commission is created.
(b) The Executive Ethics Commission shall consist of 9
commissioners. The Governor shall appoint 5 commissioners, and
the Attorney General, Secretary of State, Comptroller, and
Treasurer shall each appoint one commissioner. Appointments
shall be made by and with the advice and consent of the Senate
by three-fifths of the elected members concurring by record
vote. Any nomination not acted upon by the Senate within 60
session days of the receipt thereof shall be deemed to have
received the advice and consent of the Senate. If, during a
recess of the Senate, there is a vacancy in an office of
commissioner, the appointing authority shall make a temporary
appointment until the next meeting of the Senate when the
appointing authority shall make a nomination to fill that
office. No person rejected for an office of commissioner
shall, except by the Senate's request, be nominated again for
that office at the same session of the Senate or be appointed
to that office during a recess of that Senate. No more than 5
commissioners may be of the same political party.
The terms of the initial commissioners shall commence upon
qualification. Four initial appointees of the Governor, as
designated by the Governor, shall serve terms running through
June 30, 2007. One initial appointee of the Governor, as
designated by the Governor, and the initial appointees of the
Attorney General, Secretary of State, Comptroller, and
Treasurer shall serve terms running through June 30, 2008. The
initial appointments shall be made within 60 days after the
effective date of this Act.
After the initial terms, commissioners shall serve for
4-year terms commencing on July 1 of the year of appointment
and running through June 30 of the fourth following year.
Commissioners may be reappointed to one or more subsequent
terms.
Vacancies occurring other than at the end of a term shall
be filled by the appointing authority only for the balance of
the term of the commissioner whose office is vacant.
Terms shall run regardless of whether the position is
filled.
(c) The appointing authorities shall appoint commissioners
who have experience holding governmental office or employment
and shall appoint commissioners from the general public. A
person is not eligible to serve as a commissioner if that
person (i) has been convicted of a felony or a crime of
dishonesty or moral turpitude, (ii) is, or was within the
preceding 12 months, engaged in activities that require
registration under the Lobbyist Registration Act, (iii) is
related to the appointing authority, or (iv) is a State
officer or employee.
(d) The Executive Ethics Commission shall have
jurisdiction over all officers and employees of State agencies
other than the General Assembly, the Senate, the House of
Representatives, the President and Minority Leader of the
Senate, the Speaker and Minority Leader of the House of
Representatives, the Senate Operations Commission, the
legislative support services agencies, and the Office of the
Auditor General. The Executive Ethics Commission shall have
jurisdiction over all board members and employees of Regional
Transit Boards and all board members and employees of Regional
Development Authorities. The jurisdiction of the Commission is
limited to matters arising under this Act, except as provided
in subsection (d-5).
A member or legislative branch State employee serving on
an executive branch board or commission remains subject to the
jurisdiction of the Legislative Ethics Commission and is not
subject to the jurisdiction of the Executive Ethics
Commission.
(d-5) The Executive Ethics Commission shall have
jurisdiction over all chief procurement officers and
procurement compliance monitors and their respective staffs.
The Executive Ethics Commission shall have jurisdiction over
any matters arising under the Illinois Procurement Code if the
Commission is given explicit authority in that Code.
(d-6) (1) The Executive Ethics Commission shall have
jurisdiction over the Illinois Power Agency and its staff. The
Director of the Agency shall be appointed by a majority of the
commissioners of the Executive Ethics Commission, subject to
Senate confirmation, for a term of 2 years. The Director is
removable for cause by a majority of the Commission upon a
finding of neglect, malfeasance, absence, or incompetence.
(2) In case of a vacancy in the office of Director of the
Illinois Power Agency during a recess of the Senate, the
Executive Ethics Commission may make a temporary appointment
until the next meeting of the Senate, at which time the
Executive Ethics Commission shall nominate some person to fill
the office, and any person so nominated who is confirmed by the
Senate shall hold office during the remainder of the term and
until his or her successor is appointed and qualified. Nothing
in this subsection shall prohibit the Executive Ethics
Commission from removing a temporary appointee or from
appointing a temporary appointee as the Director of the
Illinois Power Agency.
(3) Prior to June 1, 2012, the Executive Ethics Commission
may, until the Director of the Illinois Power Agency is
appointed and qualified or a temporary appointment is made
pursuant to paragraph (2) of this subsection, designate some
person as an acting Director to execute the powers and
discharge the duties vested by law in that Director. An acting
Director shall serve no later than 60 calendar days, or upon
the making of an appointment pursuant to paragraph (1) or (2)
of this subsection, whichever is earlier. Nothing in this
subsection shall prohibit the Executive Ethics Commission from
removing an acting Director or from appointing an acting
Director as the Director of the Illinois Power Agency.
(4) No person rejected by the Senate for the office of
Director of the Illinois Power Agency shall, except at the
Senate's request, be nominated again for that office at the
same session or be appointed to that office during a recess of
that Senate.
(d-7) The Executive Ethics Commission shall have
jurisdiction over complainants and respondents in violation of
subsection (d) of Section 20-90.
(e) The Executive Ethics Commission must meet, either in
person or by other technological means, at least monthly and
as often as necessary. At the first meeting of the Executive
Ethics Commission, the commissioners shall choose from their
number a chairperson and other officers that they deem
appropriate. The terms of officers shall be for 2 years
commencing July 1 and running through June 30 of the second
following year. Meetings shall be held at the call of the
chairperson or any 3 commissioners. Official action by the
Commission shall require the affirmative vote of 5
commissioners, and a quorum shall consist of 5 commissioners.
Commissioners shall receive compensation in an amount equal to
the compensation of members of the State Board of Elections
and may be reimbursed for their reasonable expenses actually
incurred in the performance of their duties.
(f) No commissioner or employee of the Executive Ethics
Commission may during his or her term of appointment or
employment:
(1) become a candidate for any elective office;
(2) hold any other elected or appointed public office
except for appointments on governmental advisory boards or
study commissions or as otherwise expressly authorized by
law;
(3) be actively involved in the affairs of any
political party or political organization; or
(4) advocate for the appointment of another person to
an appointed or elected office or position or actively
participate in any campaign for any elective office.
(g) An appointing authority may remove a commissioner only
for cause.
(h) The Executive Ethics Commission shall appoint an
Executive Director. The compensation of the Executive Director
shall be as determined by the Commission. The Executive
Director of the Executive Ethics Commission may employ and
determine the compensation of staff, as appropriations permit.
(i) The Executive Ethics Commission shall appoint, by a
majority of the members appointed to the Commission, chief
procurement officers and may appoint procurement compliance
monitors in accordance with the provisions of the Illinois
Procurement Code. The compensation of a chief procurement
officer and procurement compliance monitor shall be determined
by the Commission.
(Source: P.A. 100-43, eff. 8-9-17; 101-221, eff. 8-9-19;
101-617, eff. 12-20-19.)
(5 ILCS 430/20-10)
Sec. 20-10. Offices of Executive Inspectors General.
(a) Five independent Offices of the Executive Inspector
General are created, one each for the Governor, the Attorney
General, the Secretary of State, the Comptroller, and the
Treasurer. Each Office shall be under the direction and
supervision of an Executive Inspector General and shall be a
fully independent office with separate appropriations.
(b) The Governor, Attorney General, Secretary of State,
Comptroller, and Treasurer shall each appoint an Executive
Inspector General, without regard to political affiliation and
solely on the basis of integrity and demonstrated ability.
Appointments shall be made by and with the advice and consent
of the Senate by three-fifths of the elected members
concurring by record vote. Any nomination not acted upon by
the Senate within 60 session days of the receipt thereof shall
be deemed to have received the advice and consent of the
Senate. If, during a recess of the Senate, there is a vacancy
in an office of Executive Inspector General, the appointing
authority shall make a temporary appointment until the next
meeting of the Senate when the appointing authority shall make
a nomination to fill that office. No person rejected for an
office of Executive Inspector General shall, except by the
Senate's request, be nominated again for that office at the
same session of the Senate or be appointed to that office
during a recess of that Senate.
Nothing in this Article precludes the appointment by the
Governor, Attorney General, Secretary of State, Comptroller,
or Treasurer of any other inspector general required or
permitted by law. The Governor, Attorney General, Secretary of
State, Comptroller, and Treasurer each may appoint an existing
inspector general as the Executive Inspector General required
by this Article, provided that such an inspector general is
not prohibited by law, rule, jurisdiction, qualification, or
interest from serving as the Executive Inspector General
required by this Article. An appointing authority may not
appoint a relative as an Executive Inspector General.
Each Executive Inspector General shall have the following
qualifications:
(1) has not been convicted of any felony under the
laws of this State, another State, or the United States;
(2) has earned a baccalaureate degree from an
institution of higher education; and
(3) has 5 or more years of cumulative service (A) with
a federal, State, or local law enforcement agency, at
least 2 years of which have been in a progressive
investigatory capacity; (B) as a federal, State, or local
prosecutor; (C) as a senior manager or executive of a
federal, State, or local agency; (D) as a member, an
officer, or a State or federal judge; or (E) representing
any combination of items (A) through (D).
The term of each initial Executive Inspector General shall
commence upon qualification and shall run through June 30,
2008. The initial appointments shall be made within 60 days
after the effective date of this Act.
After the initial term, each Executive Inspector General
shall serve for 5-year terms commencing on July 1 of the year
of appointment and running through June 30 of the fifth
following year. An Executive Inspector General may be
reappointed to one or more subsequent terms.
A vacancy occurring other than at the end of a term shall
be filled by the appointing authority only for the balance of
the term of the Executive Inspector General whose office is
vacant.
Terms shall run regardless of whether the position is
filled.
(c) The Executive Inspector General appointed by the
Attorney General shall have jurisdiction over the Attorney
General and all officers and employees of, and vendors and
others doing business with, State agencies within the
jurisdiction of the Attorney General. The Executive Inspector
General appointed by the Secretary of State shall have
jurisdiction over the Secretary of State and all officers and
employees of, and vendors and others doing business with,
State agencies within the jurisdiction of the Secretary of
State. The Executive Inspector General appointed by the
Comptroller shall have jurisdiction over the Comptroller and
all officers and employees of, and vendors and others doing
business with, State agencies within the jurisdiction of the
Comptroller. The Executive Inspector General appointed by the
Treasurer shall have jurisdiction over the Treasurer and all
officers and employees of, and vendors and others doing
business with, State agencies within the jurisdiction of the
Treasurer. The Executive Inspector General appointed by the
Governor shall have jurisdiction over (i) the Governor, (ii)
the Lieutenant Governor, (iii) all officers and employees of,
and vendors and others doing business with, executive branch
State agencies under the jurisdiction of the Executive Ethics
Commission and not within the jurisdiction of the Attorney
General, the Secretary of State, the Comptroller, or the
Treasurer, and (iv) all board members and employees of the
Regional Transit Boards and all vendors and others doing
business with the Regional Transit Boards, and (v) all board
members and employees of the Regional Development Authorities
and all vendors and others doing business with the Regional
Development Authorities.
The jurisdiction of each Executive Inspector General is to
investigate allegations of fraud, waste, abuse, mismanagement,
misconduct, nonfeasance, misfeasance, malfeasance, or
violations of this Act or violations of other related laws and
rules.
Each Executive Inspector General shall have jurisdiction
over complainants in violation of subsection (e) of Section
20-63 for disclosing a summary report prepared by the
respective Executive Inspector General.
(d) The compensation for each Executive Inspector General
shall be determined by the Executive Ethics Commission and
shall be provided from appropriations made to the Comptroller
for this purpose. For terms of office beginning on or after
July 1, 2023, each Executive Inspector General shall receive,
on July 1 of each year, beginning on July 1, 2024, an increase
in salary based on a cost of living adjustment as authorized by
Senate Joint Resolution 192 of the 86th General Assembly.
Subject to Section 20-45 of this Act, each Executive Inspector
General has full authority to organize his or her Office of the
Executive Inspector General, including the employment and
determination of the compensation of staff, such as deputies,
assistants, and other employees, as appropriations permit. A
separate appropriation shall be made for each Office of
Executive Inspector General.
(e) No Executive Inspector General or employee of the
Office of the Executive Inspector General may, during his or
her term of appointment or employment:
(1) become a candidate for any elective office;
(2) hold any other elected or appointed public office
except for appointments on governmental advisory boards or
study commissions or as otherwise expressly authorized by
law;
(3) be actively involved in the affairs of any
political party or political organization; or
(4) advocate for the appointment of another person to
an appointed or elected office or position or actively
participate in any campaign for any elective office.
In this subsection an appointed public office means a
position authorized by law that is filled by an appointing
authority as provided by law and does not include employment
by hiring in the ordinary course of business.
(e-1) No Executive Inspector General or employee of the
Office of the Executive Inspector General may, for one year
after the termination of his or her appointment or employment:
(1) become a candidate for any elective office;
(2) hold any elected public office; or
(3) hold any appointed State, county, or local
judicial office.
(e-2) The requirements of item (3) of subsection (e-1) may
be waived by the Executive Ethics Commission.
(f) An Executive Inspector General may be removed only for
cause and may be removed only by the appointing constitutional
officer. At the time of the removal, the appointing
constitutional officer must report to the Executive Ethics
Commission the justification for the removal.
(Source: P.A. 101-221, eff. 8-9-19; 102-558, eff. 8-20-21;
102-1115, eff. 1-9-23.)
(5 ILCS 430/20-23)
Sec. 20-23. Ethics Officers. Each officer and the head of
each State agency under the jurisdiction of the Executive
Ethics Commission shall designate an Ethics Officer for the
office or State agency. The board of each Regional Transit
Board shall designate an Ethics Officer for the Regional
Transit Board, and the board of each Regional Development
Authority shall designate an Ethics Officer for the Regional
Development Authority. Ethics Officers shall:
(1) act as liaisons between the State agency, or
Regional Transit Board , or Regional Development Authority
and the appropriate Executive Inspector General and
between the State agency, or Regional Transit Board, or
Regional Development Authority and the Executive Ethics
Commission;
(2) review statements of economic interest and
disclosure forms of officers, senior employees, and
contract monitors before they are filed with the Secretary
of State; and
(3) provide guidance to officers and employees in the
interpretation and implementation of this Act, which the
officer or employee may in good faith rely upon. Such
guidance shall be based, wherever possible, upon legal
precedent in court decisions, opinions of the Attorney
General, and the findings and opinions of the Executive
Ethics Commission.
(Source: P.A. 96-1528, eff. 7-1-11.)
(5 ILCS 430/Art. 75 heading)
ARTICLE 75. REGIONAL TRANSIT BOARDS
AND REGIONAL DEVELOPMENT AUTHORITIES
(Source: P.A. 96-1528, eff. 7-1-11.)
(5 ILCS 430/75-5)
Sec. 75-5. Application of the State Officials and
Employees Ethics Act to the Regional Transit Boards and
Regional Development Authorities.
(a) The Beginning July 1, 2011, the provisions of Articles
1, 5, 10, 20, and 50 of this Act, as well as this Article,
shall apply to the Regional Transit Boards and Regional
Development Authorities. As used in Articles 1, 5, 10, 20, 50,
and 75, (i) "appointee" and "officer" include a person
appointed to serve on the board of a Regional Transit Board or
a board of a Regional Development Authority, and (ii)
"employee" and "State employee" include: (A) a full-time,
part-time, or contractual employee of a Regional Transit Board
or a Regional Development Authority; and (B) Authority leaders
of a Regional Development Authority. As used in this
subsection, "Authority leader" has the meaning given to that
term in the various Acts and Laws creating the Regional
Development Authorities.
(b) The Executive Ethics Commission shall have
jurisdiction over all board members and employees of the
Regional Transit Boards and Regional Development Authorities.
The Executive Inspector General appointed by the Governor
shall have jurisdiction over all board members, employees,
vendors, and others doing business with the Regional Transit
Boards and Regional Development Authorities to investigate
allegations of fraud, waste, abuse, mismanagement, misconduct,
nonfeasance, misfeasance, malfeasance, or violations of this
Act.
(Source: P.A. 96-1528, eff. 7-1-11.)
Section 15. The Central Illinois Economic Development
Authority Act is amended by changing Sections 10, 15, and 70
and by adding Sections 21 and 22 as follows:
(70 ILCS 504/10)
Sec. 10. Definitions. In this Act:
"Authority" means the Central Illinois Economic
Development Authority.
"Authority leader" means the Executive Director, Assistant
Executive Director, or any other person serving in a
management, administrative, or leadership role at the
Authority.
"Governmental agency" means any federal, State, or local
governmental body and any agency or instrumentality thereof,
corporate or otherwise.
"Person" means any natural person, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock association and includes any trustee, receiver,
assignee or personal representative thereof.
"Restricted person" means a person who has a familial or
business relationship with an Authority leader.
"Revenue bond" means any bond issued by the Authority, the
principal and interest of which is payable solely from
revenues or income derived from any project or activity of the
Authority.
"Board" means the Board of Directors of the Central
Illinois Economic Development Authority.
"Governor" means the Governor of the State of Illinois.
"City" means any city, village, incorporated town, or
township within the geographical territory of the Authority.
"Industrial project" means the following:
(1) a capital project, including one or more buildings
and other structures, improvements, machinery and
equipment whether or not on the same site or sites now
existing or hereafter acquired, suitable for use by any
manufacturing, industrial, research, transportation or
commercial enterprise including but not limited to use as
a factory, mill, processing plant, assembly plant,
packaging plant, fabricating plant, ethanol plant, office
building, industrial distribution center, warehouse,
repair, overhaul or service facility, freight terminal,
research facility, test facility, railroad facility, port
facility, solid waste and wastewater treatment and
disposal sites and other pollution control facilities,
resource or waste reduction, recovery, treatment and
disposal facilities, and including also the sites thereof
and other rights in land therefore whether improved or
unimproved, site preparation and landscaping and all
appurtenances and facilities incidental thereto such as
utilities, access roads, railroad sidings, truck docking
and similar facilities, parking facilities, dockage,
wharfage, railroad roadbed, track, trestle, depot,
terminal, switching and signaling equipment or related
equipment and other improvements necessary or convenient
thereto; or
(2) any land, buildings, machinery or equipment
comprising an addition to or renovation, rehabilitation or
improvement of any existing capital project.
"Housing project" or "residential project" includes a
specific work or improvement undertaken to provide dwelling
accommodations, including the acquisition, construction or
rehabilitation of lands, buildings and community facilities
and in connection therewith to provide nonhousing facilities
which are an integral part of a planned large-scale project or
new community.
"Commercial project" means any project, including, but not
limited to, one or more buildings and other structures,
improvements, machinery, and equipment, whether or not on the
same site or sites now existing or hereafter acquired,
suitable for use by any retail or wholesale concern,
distributorship, or agency.
"Project" means an industrial, housing, residential,
commercial, or service project, or any combination thereof,
provided that all uses fall within one of the categories
described above. Any project automatically includes all site
improvements and new construction involving sidewalks, sewers,
solid waste and wastewater treatment and disposal sites and
other pollution control facilities, resource or waste
reduction, recovery, treatment and disposal facilities, parks,
open spaces, wildlife sanctuaries, streets, highways, and
runways.
"Lease agreement" means an agreement in which a project
acquired by the Authority by purchase, gift, or lease is
leased to any person or corporation that will use, or cause the
project to be used, as a project, upon terms providing for
lease rental payments at least sufficient to pay, when due,
all principal of and interest and premium, if any, on any
bonds, notes, or other evidences of indebtedness of the
Authority, issued with respect to the project, providing for
the maintenance, insurance, and operation of the project on
terms satisfactory to the Authority and providing for
disposition of the project upon termination of the lease term,
including purchase options or abandonment of the premises,
with other terms as may be deemed desirable by the Authority.
"Loan agreement" means any agreement in which the
Authority agrees to loan the proceeds of its bonds, notes, or
other evidences of indebtedness, issued with respect to a
project, to any person or corporation which will use or cause
the project to be used as a project, upon terms providing for
loan repayment installments at least sufficient to pay, when
due, all principal of and interest and premium, if any, on any
bonds, notes, or other evidences of indebtedness of the
Authority issued with respect to the project, providing for
maintenance, insurance, and operation of the project on terms
satisfactory to the Authority and providing for other terms
deemed advisable by the Authority.
"Financial aid" means the expenditure of Authority funds
or funds provided by the Authority for the development,
construction, acquisition or improvement of a project, through
the issuance of revenue bonds, notes, or other evidences of
indebtedness.
"Costs incurred in connection with the development,
construction, acquisition or improvement of a project" means
the following:
(1) the cost of purchase and construction of all lands
and improvements in connection therewith and equipment and
other property, rights, easements, and franchises acquired
which are deemed necessary for the construction;
(2) financing charges;
(3) interest costs with respect to bonds, notes, and
other evidences of indebtedness of the Authority prior to
and during construction and for a period of 6 months
thereafter;
(4) engineering and legal expenses; and
(5) the costs of plans, specifications, surveys, and
estimates of costs and other expenses necessary or
incident to determining the feasibility or practicability
of any project, together with such other expenses as may
be necessary or incident to the financing, insuring,
acquisition, and construction of a specific project and
the placing of the same in operation.
(Source: P.A. 98-750, eff. 1-1-15.)
(70 ILCS 504/15)
Sec. 15. Creation.
(a) There is created a political subdivision, body
politic, and municipal corporation named the Central Illinois
Economic Development Authority. The territorial jurisdiction
of the Authority is that geographic area within the boundaries
of the following counties: Macon, Sangamon, Menard, Logan,
Christian, DeWitt, Macoupin, Montgomery, Calhoun, Greene, and
Jersey and any navigable waters and air space located therein.
(b) The governing and administrative powers of the
Authority shall be vested in a body consisting of 15 members as
follows:
(1) Ex officio members. The Director of Commerce and
Economic Opportunity, or a designee of that Department,
shall serve as an ex officio member.
(2) Public members. Three members shall be appointed
by the Governor with the advice and consent of the Senate.
The county board chairperson of the following counties
shall each appoint one member: Macon, Sangamon, Menard,
Logan, Christian, DeWitt, Macoupin, Montgomery, Calhoun,
Greene, and Jersey. All public members shall reside within
the territorial 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.
(c) 8 members shall constitute a quorum, and the Board may
not meet or take any action without a quorum present.
(d) The chairperson of the Authority shall be elected
annually by the Board and must be a public member that resides
within the territorial jurisdiction of the Authority.
(e) The terms of all initial members of the Authority
shall begin 30 days after the effective date of this Act. Of
the 3 original public members appointed by the Governor, 1
shall serve until the third Monday in January, 2007; 1 shall
serve until the third Monday in January, 2008; 1 shall serve
until the third Monday in January, 2009. The initial terms of
the original public members appointed by the county board
chairpersons shall be determined by lot, according to the
following schedule: (i) 3 shall serve until the third Monday
in January, 2007, (ii) 3 shall serve until the third Monday in
January, 2008, (iii) 3 shall serve until the third Monday in
January, 2009, and (iv) 2 shall serve until the third Monday in
January, 2010. All successors to these original public members
shall be appointed by the original appointing authority and
all appointments made by the Governor shall be made with the
advice and consent of the Senate, pursuant to subsection (b),
and shall hold office for a term of 6 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 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.
(f) The Governor may remove any public member of the
Authority appointed by the Governor or a predecessor Governor
in case of incompetence, neglect of duty, or malfeasance in
office. The chairperson of a county board may remove any
public member appointed by that chairperson or a predecessor
county board chairperson in case of incompetence, neglect of
duty, or malfeasance in office.
(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
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 Department of Commerce and
Economic Opportunity shall pay the compensation of the
Executive Director from appropriations received for that
purpose. The Executive Director shall attend all meetings of
the Authority. However, no action of the Authority shall be
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
Central Illinois Economic Development Authority deems it
advisable.
(Source: P.A. 94-995, eff. 7-3-06.)
(70 ILCS 504/21 new)
Sec. 21. Requests for assistance; disclosure of economic
interests.
(a) The Authority may not hear a request for assistance
from a restricted person. This prohibition extends to business
relationships between a person who is an Authority leader
within one year prior to the request for assistance and to any
entity in which a restricted person holds or, within the past 2
years, held an ownership interest of 10% or more.
(b) An Authority leader shall disclose and recuse himself
or herself from matters relating to requests for assistance
from an entity that is relocating full-time employees from
another Authority's counties if (i) both Authorities contract
with or employ the same Authority leader or (ii) there is or,
within the past 2 years of the request, there was a business
relationship between the Authority leaders at the 2
Authorities.
(c) The Board of the Authority shall vote to renew the
appointment of the Executive Director and other Authority
leaders on an annual basis. All contracts shall be approved on
an annual basis and use a public process to solicit
applications. This requirement does not apply to full-time
employees of the Authority unless otherwise required by
applicable State law or local ordinance.
(g) Each Authority leader shall submit a statement of
economic interest in accordance with Article 4A of the
Illinois Governmental Ethics Act. Additionally, each Authority
leader shall disclose to the Board outside sources of income
and any business relationships in economic development
consulting or lobbying. Reporting shall include the source of
income, services provided, and timeline of when services were
provided. If the source of income is a firm or organization
with multiple clients, the report shall list all of the
entities for which the individual provided services.
(70 ILCS 504/22 new)
Sec. 22. Open meetings; record disclosure.
(a) The Authority is subject to the Open Meetings Act and
the Freedom of Information Act. Documents subject to the
Freedom of Information Act include, but are not limited to,
expenses, payroll, origination bonuses, and other financial
details of the Authority.
(b) A contract or agreement entered into by the Authority
must be posted on the Authority's website. The Authority shall
provide a detailed report of the Authority's financial
information on the Authority's website, including, but not
limited to, a statement of profits and losses, balance sheet,
and income statement of the Authority.
(70 ILCS 504/70)
Sec. 70. Reports; commitment notice. The Authority shall
annually submit a report of its finances to the Auditor
General. The Authority shall annually submit a report of its
activities to the Governor and to the General Assembly.
The Authority shall provide notice to the General
Assembly, the Department of Commerce and Economic Opportunity,
and the Governor once the Authority enters into a commitment
to support the financing of a project. The notice to the
General Assembly shall be filed with the Clerk of the House of
Representatives and the Secretary of the Senate, in electronic
form only, in the manner that the Clerk and the Secretary shall
direct.
(Source: P.A. 94-995, eff. 7-3-06.)
Section 20. The Eastern Illinois Economic Development
Authority Act is amended by changing Sections 10, 15, and 70
and by adding Sections 21 and 22 as follows:
(70 ILCS 506/10)
Sec. 10. Definitions. In this Act:
"Authority" means the Eastern Illinois Economic
Development Authority.
"Authority leader" means the Executive Director, Assistant
Executive Director, or any other person serving in a
management, administrative, or leadership role at the
Authority.
"Governmental agency" means any federal, State, or local
governmental body and any agency or instrumentality thereof,
corporate or otherwise.
"Person" means any natural person, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock association and includes any trustee, receiver,
assignee or personal representative thereof.
"Restricted person" means a person who has a familial or
business relationship with an Authority leader.
"Revenue bond" means any bond issued by the Authority, the
principal and interest of which is payable solely from
revenues or income derived from any project or activity of the
Authority.
"Board" means the Board of Directors of the Eastern
Illinois Economic Development Authority.
"Governor" means the Governor of the State of Illinois.
"City" means any city, village, incorporated town, or
township within the geographical territory of the Authority.
"Industrial project" means the following:
(1) a capital project, including one or more buildings
and other structures, improvements, machinery and
equipment whether or not on the same site or sites now
existing or hereafter acquired, suitable for use by any
manufacturing, industrial, research, transportation or
commercial enterprise including but not limited to use as
a factory, mill, processing plant, assembly plant,
packaging plant, fabricating plant, ethanol plant, office
building, industrial distribution center, warehouse,
repair, overhaul or service facility, freight terminal,
research facility, test facility, railroad facility, port
facility, solid waste and wastewater treatment and
disposal sites and other pollution control facilities,
resource or waste reduction, recovery, treatment and
disposal facilities, and including also the sites thereof
and other rights in land therefore whether improved or
unimproved, site preparation and landscaping and all
appurtenances and facilities incidental thereto such as
utilities, access roads, railroad sidings, truck docking
and similar facilities, parking facilities, dockage,
wharfage, railroad roadbed, track, trestle, depot,
terminal, switching and signaling equipment or related
equipment and other improvements necessary or convenient
thereto; or
(2) any land, buildings, machinery or equipment
comprising an addition to or renovation, rehabilitation or
improvement of any existing capital project.
"Housing project" or "residential project" includes a
specific work or improvement undertaken to provide dwelling
accommodations, including the acquisition, construction, or
rehabilitation of lands, buildings, and community facilities,
and to provide non-housing facilities which are an integral
part of a planned large-scale project or new community.
"Commercial project" means any project, including, but not
limited to, one or more buildings and other structures,
improvements, machinery, and equipment, whether or not on the
same site or sites now existing or hereafter acquired,
suitable for use by any retail or wholesale concern,
distributorship, or agency.
"Project" means an industrial, housing, residential,
commercial, or service project, or any combination thereof,
provided that all uses fall within one of the categories
described above. Any project automatically includes all site
improvements and new construction involving sidewalks, sewers,
solid waste and wastewater treatment and disposal sites and
other pollution control facilities, resource or waste
reduction, recovery, treatment and disposal facilities, parks,
open spaces, wildlife sanctuaries, streets, highways, and
runways.
"Lease agreement" means an agreement in which a project
acquired by the Authority by purchase, gift, or lease is
leased to any person or corporation that will use, or cause the
project to be used, as a project, upon terms providing for
lease rental payments at least sufficient to pay, when due,
all principal of and interest and premium, if any, on any
bonds, notes, or other evidences of indebtedness of the
Authority, issued with respect to the project, providing for
the maintenance, insurance, and operation of the project on
terms satisfactory to the Authority and providing for
disposition of the project upon termination of the lease term,
including purchase options or abandonment of the premises,
with other terms as may be deemed desirable by the Authority.
"Loan agreement" means any agreement in which the
Authority agrees to loan the proceeds of its bonds, notes, or
other evidences of indebtedness, issued with respect to a
project, to any person or corporation which will use or cause
the project to be used as a project, upon terms providing for
loan repayment installments at least sufficient to pay, when
due, all principal of and interest and premium, if any, on any
bonds, notes, or other evidences of indebtedness of the
Authority issued with respect to the project, providing for
maintenance, insurance, and operation of the project on terms
satisfactory to the Authority and providing for other terms
deemed advisable by the Authority.
"Financial aid" means the expenditure of Authority funds
or funds provided by the Authority for the development,
construction, acquisition or improvement of a project, through
the issuance of revenue bonds, notes, or other evidences of
indebtedness.
"Costs incurred in connection with the development,
construction, acquisition or improvement of a project" means
the following:
(1) the cost of purchase and construction of all lands
and improvements in connection therewith and equipment and
other property, rights, easements, and franchises acquired
which are deemed necessary for the construction;
(2) financing charges;
(3) interest costs with respect to bonds, notes, and
other evidences of indebtedness of the Authority prior to
and during construction and for a period of 6 months
thereafter;
(4) engineering and legal expenses; and
(5) the costs of plans, specifications, surveys, and
estimates of costs and other expenses necessary or
incident to determining the feasibility or practicability
of any project, together with such other expenses as may
be necessary or incident to the financing, insuring,
acquisition, and construction of a specific project and
the placing of the same in operation.
(Source: P.A. 98-750, eff. 1-1-15.)
(70 ILCS 506/15)
Sec. 15. Creation.
(a) There is created a political subdivision, body
politic, and municipal corporation named the Eastern Illinois
Economic Development Authority. The territorial jurisdiction
of the Authority is that geographic area within the boundaries
of the following counties: Ford, Iroquois, Piatt, Champaign,
Vermilion, Douglas, Moultrie, Shelby, Coles, and Edgar and any
navigable waters and air space located therein.
(b) The governing and administrative powers of the
Authority shall be vested in a body consisting of 14 members as
follows:
(1) Ex officio members. The Director of Commerce and
Economic Opportunity, or a designee of that Department,
shall serve as an ex officio member.
(2) Public members. Three members shall be appointed
by the Governor with the advice and consent of the Senate.
The county board chairperson of the following counties
shall each appoint one member: Ford, Iroquois, Piatt,
Champaign, Vermilion, Douglas, Moultrie, Shelby, Coles,
and Edgar. All public members shall reside within the
territorial 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.
(c) A majority of the members appointed under item (2) of
subsection (b) of this Section shall constitute a quorum, and
the Board may not meet or take any action without a quorum
present.
(d) The chairperson of the Authority shall be elected
annually by the Board and must be a public member that resides
within the territorial jurisdiction of the Authority.
(e) The terms of all initial members of the Authority
shall begin 30 days after the effective date of this Act. Of
the 3 original public members appointed by the Governor, 1
shall serve until the third Monday in January, 2006; 1 shall
serve until the third Monday in January, 2007; 1 shall serve
until the third Monday in January, 2008. The initial terms of
the original public members appointed by the county board
chairpersons shall be determined by lot, according to the
following schedule: (i) 2 shall serve until the third Monday
in January, 2006, (ii) 2 shall serve until the third Monday in
January, 2007, (iii) 2 shall serve until the third Monday in
January, 2008, (iv) 2 shall serve until the third Monday in
January, 2009, and (v) 2 shall serve until the third Monday in
January, 2010. All successors to these original public members
shall be appointed by the original appointing authority and
all appointments made by the Governor shall be made with the
advice and consent of the Senate, pursuant to subsection (b),
and shall hold office for a term of 6 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 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.
(f) The Governor or a county board chairperson, as the
case may be, may remove any public member of the Authority in
case of incompetence, neglect of duty, or malfeasance in
office. The chairperson of a county board may remove any
public member appointed by that chairperson in the case of
incompetence, neglect of duty, or malfeasance in office.
(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
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 Department of Commerce and
Economic Opportunity shall pay the compensation of the
Executive Director from appropriations received for that
purpose. The Executive Director shall attend all meetings of
the Authority. However, no action of the Authority shall be
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
Eastern Illinois Economic Development Authority deems it
advisable.
(Source: P.A. 94-203, eff. 7-13-05; 95-854, eff. 8-18-08.)
(70 ILCS 506/21 new)
Sec. 21. Requests for assistance; disclosure of economic
interests.
(a) The Authority may not hear a request for assistance
from a restricted person. This prohibition extends to business
relationships between a person who is an Authority leader
within one year prior to the request for assistance and to any
entity in which a restricted person holds or, within the past 2
years, held an ownership interest of 10% or more.
(b) An Authority leader shall disclose and recuse himself
or herself from matters relating to requests for assistance
from an entity that is relocating full-time employees from
another Authority's counties if (i) both Authorities contract
with or employ the same Authority leader or (ii) there is or,
within the past 2 years of the request, there was a business
relationship between the Authority leaders at the 2
Authorities.
(c) The Board of the Authority shall vote to renew the
appointment of the Executive Director and other Authority
leaders on an annual basis. All contracts shall be approved on
an annual basis and use a public process to solicit
applications. This requirement does not apply to full-time
employees of the Authority unless otherwise required by
applicable State law or local ordinance.
(d) Each Authority leader shall submit a statement of
economic interest in accordance with Article 4A of the
Illinois Governmental Ethics Act. Additionally, each Authority
leader shall disclose to the Board outside sources of income
and any business relationships in economic development
consulting or lobbying. Reporting shall include the source of
income, services provided, and timeline of when services were
provided. If the source of income is a firm or organization
with multiple clients, the report shall list all of the
entities for which the individual provided services.
(70 ILCS 506/22 new)
Sec. 22. Open meetings; record disclosure.
(a) The Authority is subject to the Open Meetings Act and
the Freedom of Information Act. Documents subject to the
Freedom of Information Act include, but are not limited to,
expenses, payroll, origination bonuses, and other financial
details of the Authority.
(b) A contract or agreement entered into by the Authority
must be posted on the Authority's website. The Authority shall
provide a detailed report of the Authority's financial
information on the Authority's website, including, but not
limited to, a statement of profits and losses, balance sheet,
and income statement of the Authority.
(70 ILCS 506/70)
Sec. 70. Reports; commitment notice. The Authority shall
annually submit a report of its finances to the Auditor
General. The Authority shall annually submit a report of its
activities to the Governor and to the General Assembly.
The Authority shall provide notice to the General
Assembly, the Department of Commerce and Economic Opportunity,
and the Governor once the Authority enters into a commitment
to support the financing of a project. The notice to the
General Assembly shall be filed with the Clerk of the House of
Representatives and the Secretary of the Senate, in electronic
form only, in the manner that the Clerk and the Secretary shall
direct.
(Source: P.A. 94-203, eff. 7-13-05.)
Section 25. The Joliet Arsenal Development Authority Act
is amended by changing Section 50 and by adding Sections
10.75, 10.80, 20, 21, and 22 as follows:
(70 ILCS 508/10.75 new)
Sec. 10.75. Authority leader. "Authority leader" means the
Executive Director, Assistant Executive Director, or any other
person serving in a management, administrative, or leadership
role at the Authority.
(70 ILCS 508/10.80 new)
Sec. 10.80. Restricted person. "Restricted person" means a
person who has a familial or business relationship with an
Authority leader.
(70 ILCS 508/20)
Sec. 20. Actions of the Authority. All official acts of
the Authority shall require the affirmative vote of at least 6
members of the Board at a meeting of the Board at which the
members casting those affirmative votes are present. It is the
duty of the Authority to promote development within its
territorial jurisdiction. The Authority shall use the powers
conferred on it by this Act to assist in the development,
construction, and acquisition of industrial or commercial
projects within its territorial jurisdiction.
6 members shall constitute a quorum, and the Board may not
meet or take any action without a quorum present.
(Source: P.A. 89-333, eff. 8-17-95.)
(70 ILCS 508/21 new)
Sec. 21. Requests for assistance; disclosure of economic
interests.
(a) The Authority may not hear a request for assistance
from a restricted person. This prohibition extends to business
relationships between a person who is an Authority leader
within one year prior to the request for assistance and to any
entity in which a restricted person holds or, within the past 2
years, held an ownership interest of 10% or more.
(b) An Authority leader shall disclose and recuse himself
or herself from matters relating to requests for assistance
from an entity that is relocating full-time employees from
another Authority's counties if (i) both Authorities contract
with or employ the same Authority leader or (ii) there is or,
within the past 2 years of the request, there was a business
relationship between the Authority leaders at the 2
Authorities.
(c) The Board of the Authority shall vote to renew the
appointment of the Executive Director and other Authority
leaders on an annual basis. All contracts shall be approved on
an annual basis and use a public process to solicit
applications. This requirement does not apply to full-time
employees of the Authority unless otherwise required by
applicable State law or local ordinance.
(d) Each Authority leader shall submit a statement of
economic interest in accordance with Article 4A of the
Illinois Governmental Ethics Act. Additionally, each Authority
leader shall disclose to the Board outside sources of income
and any business relationships in economic development
consulting or lobbying. Reporting shall include the source of
income, services provided, and timeline of when services were
provided. If the source of income is a firm or organization
with multiple clients, the report shall list all of the
entities for which the individual provided services.
(70 ILCS 508/22 new)
Sec. 22. Open meetings; record disclosure.
(a) The Authority is subject to the Open Meetings Act and
the Freedom of Information Act. Documents subject to the
Freedom of Information Act include, but are not limited to,
expenses, payroll, origination bonuses, and other financial
details of the Authority.
(b) A contract or agreement entered into by the Authority
must be posted on the Authority's website. The Authority shall
provide a detailed report of the Authority's financial
information on the Authority's website, including, but not
limited to, a statement of profits and losses, balance sheet,
and income statement of the Authority.
(70 ILCS 508/50)
Sec. 50. Reports; commitment notice. The Authority shall
annually submit a report of its finances to the Auditor
General. The Authority shall annually submit a report of its
activities to the Governor and General Assembly.
The Authority shall provide notice to the General
Assembly, the Department of Commerce and Economic Opportunity,
and the Governor once the Authority enters into a commitment
to support the financing of a project. The notice to the
General Assembly shall be filed with the Clerk of the House of
Representatives and the Secretary of the Senate, in electronic
form only, in the manner that the Clerk and the Secretary shall
direct.
(Source: P.A. 89-333, eff. 8-17-95.)
Section 30. The Quad Cities Regional Economic Development
Authority Act, approved September 22, 1987 is amended by
changing Sections 3, 4, 5, 6, and 14 as follows:
(70 ILCS 510/3) (from Ch. 85, par. 6203)
Sec. 3. The following terms, whenever used or referred to
in this Act, shall have the following meanings, except in such
instances where the context may clearly indicate otherwise:
(a) "Authority" means the Quad Cities Regional Economic
Development Authority created by this Act.
(a-5) "Authority leader" means the Executive Director,
Assistant Executive Director, or any other person serving in a
management, administrative, or leadership role at the
Authority.
(b) "Governmental agency" means any federal, State or
local governmental body, and any agency or instrumentality
thereof, corporate or otherwise.
(c) "Person" means any natural person, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock association and includes any trustee, receiver,
assignee or personal representative thereof.
(c-5) "Restricted person" means a person who has a
familial or business relationship with an Authority leader.
(d) "Revenue bond" means any bond issued by the Authority
the principal and interest of which is payable solely from
revenues or income derived from any project or activity of the
Authority.
(e) "Board" means the Quad Cities Regional Economic
Development Authority Board of Directors.
(f) "Governor" means the Governor of the State of
Illinois.
(g) "City" means any city, village, incorporated town or
township within the geographical territory of the Authority.
(h) "Industrial project" means (1) a capital project,
including one or more buildings and other structures,
improvements, machinery and equipment whether or not on the
same site or sites now existing or hereafter acquired,
suitable for use by any manufacturing, industrial, research,
transportation or commercial enterprise including but not
limited to use as a factory, mill, processing plant, assembly
plant, packaging plant, fabricating plant, office building,
industrial distribution center, warehouse, repair, overhaul or
service facility, freight terminal, research facility, test
facility, railroad facility, solid waste and wastewater
treatment and disposal sites and other pollution control
facilities, resource or waste reduction, recovery, treatment
and disposal facilities, and including also the sites thereof
and other rights in land therefor whether improved or
unimproved, site preparation and landscaping and all
appurtenances and facilities incidental thereto such as
utilities, access roads, railroad sidings, truck docking and
similar facilities, parking facilities, dockage, wharfage,
railroad roadbed, track, trestle, depot, terminal, switching
and signaling equipment or related equipment and other
improvements necessary or convenient thereto; or (2) any land,
buildings, machinery or equipment comprising an addition to or
renovation, rehabilitation or improvement of any existing
capital project.
(i) "Housing project" or "residential project" includes a
specific work or improvement undertaken to provide dwelling
accommodations, including the acquisition, construction or
rehabilitation of lands, buildings and community facilities
and in connection therewith to provide nonhousing facilities
which are an integral part of a planned large-scale project or
new community.
(j) "Commercial project" means any project, including but
not limited to one or more buildings and other structures,
improvements, machinery and equipment whether or not on the
same site or sites now existing or hereafter acquired,
suitable for use by any retail or wholesale concern,
distributorship or agency, any cultural facilities of a
for-profit or not-for-profit type including but not limited to
educational, theatrical, recreational and entertainment,
sports facilities, racetracks, stadiums, convention centers,
exhibition halls, arenas, opera houses and theaters,
waterfront improvements, swimming pools, boat storage,
moorage, docking facilities, restaurants, velodromes,
coliseums, sports training facilities, parking facilities,
terminals, hotels and motels, gymnasiums, medical facilities
and port facilities.
(k) "Project" means an industrial, housing, residential,
commercial or service project or any combination thereof
provided that all uses shall fall within one of the categories
described above. Any project, of any nature whatsoever, shall
automatically include all site improvements and new
construction involving sidewalks, sewers, solid waste and
wastewater treatment and disposal sites and other pollution
control facilities, resource or waste reduction, recovery,
treatment and disposal facilities, parks, open spaces,
wildlife sanctuaries, streets, highways and runways.
(l) "Lease agreement" shall mean an agreement whereby a
project acquired by the Authority by purchase, gift or lease
is leased to any person or corporation which will use or cause
the project to be used as a project as heretofore defined upon
terms providing for lease rental payments at least sufficient
to pay when due all principal of and interest and premium, if
any, on any bonds, notes or other evidences of indebtedness of
the Authority issued with respect to such project, providing
for the maintenance, insurance and operation of the project on
terms satisfactory to the Authority and providing for
disposition of the project upon termination of the lease term,
including purchase options or abandonment of the premises,
with such other terms as may be deemed desirable by the
Authority.
(m) "Loan agreement" means any agreement pursuant to which
the Authority agrees to loan the proceeds of its bonds, notes
or other evidences of indebtedness issued with respect to a
project to any person or corporation which will use or cause
the project to be used as a project as heretofore defined upon
terms providing for loan repayment installments at least
sufficient to pay when due all principal of and interest and
premium, if any, on any bonds, notes or other evidences of
indebtedness of the Authority issued with respect to the
project, providing for maintenance, insurance and operation of
the project on terms satisfactory to the Authority and
providing for other matters as may be deemed advisable by the
Authority.
(n) "Financial aid" means the expenditure of Authority
funds or funds provided by the Authority through the issuance
of its revenue bonds, notes or other evidences of indebtedness
for the development, construction, acquisition or improvement
of a project.
(o) "Costs incurred in connection with the development,
construction, acquisition or improvement of a project" means
the following: the cost of purchase and construction of all
lands and improvements in connection therewith and equipment
and other property, rights, easements and franchises acquired
which are deemed necessary for such construction; financing
charges; interest costs with respect to bonds, notes and other
evidences of indebtedness of the Authority prior to and during
construction and for a period of 6 months thereafter;
engineering and legal expenses; the costs of plans,
specifications, surveys and estimates of costs and other
expenses necessary or incident to determining the feasibility
or practicability of any project, together with such other
expenses as may be necessary or incident to the financing,
insuring, acquisition and construction of a specific project
and the placing of the same in operation.
(p) "Terminal" means a public place, station or depot for
receiving and delivering passengers, baggage, mail, freight or
express matter and any combination thereof in connection with
the transportation of persons and property on water or land or
in the air.
(q) "Terminal facilities" means all land, buildings,
structures, improvements, equipment and appliances useful in
the operation of public warehouse, storage and transportation
facilities and industrial, manufacturing or commercial
activities for the accommodation of or in connection with
commerce by water or land or in the air or useful as an aid, or
constituting an advantage or convenience to, the safe landing,
taking off and navigation of aircraft or the safe and
efficient operation or maintenance of a public airport.
(r) "Port facilities" means all public structures, except
terminal facilities as defined herein, that are in, over,
under or adjacent to navigable waters and are necessary for or
incident to the furtherance of water commerce and includes the
widening and deepening of slips, harbors and navigable waters.
(s) "Airport" means any locality, either land or water,
which is used or designed for the landing and taking off of
aircraft or for the location of runways, landing fields,
aerodromes, hangars, buildings, structures, airport roadways
and other facilities.
(Source: P.A. 85-713.)
(70 ILCS 510/4) (from Ch. 85, par. 6204)
Sec. 4. (a) There is hereby created a political
subdivision, body politic and municipal corporation named the
Quad Cities Regional Economic Development Authority. The
territorial jurisdiction of the Authority is that geographic
area within the boundaries of Jo Daviess, Carroll, Whiteside,
Stephenson, Lee, Rock Island, Henry, Knox, and Mercer,
Winnebago, and Boone counties in the State of Illinois and any
navigable waters and air space located therein.
(b) The governing and administrative powers of the
Authority shall be vested in a body consisting of 18 16 members
including, as an ex officio member, the Director of Commerce
and Economic Opportunity, or his or her designee. The other
members of the Authority shall be designated "public members",
6 of whom shall be appointed by the Governor with the advice
and consent of the Senate. Of the 6 members appointed by the
Governor, one shall be from a city within the Authority's
territory with a population of 25,000 or more and the
remainder shall be appointed at large. Of the 6 members
appointed by the Governor, 2 members shall have business or
finance experience. One member shall be appointed by each of
the county board chairmen of Rock Island, Henry, Knox, and
Mercer, Winnebago, and Boone Counties with the advice and
consent of the respective county board. Within 60 days after
the effective date of this amendatory Act of the 97th General
Assembly, one additional public member shall be appointed by
each of the county board chairpersons of Jo Daviess, Carroll,
Whiteside, Stephenson, and Lee counties with the advice and
consent of the respective county board. Of the public members
added by this amendatory Act of the 97th General Assembly, one
shall serve for a one-year term, 2 shall serve for 2-year
terms, and 2 shall serve for 3-year terms, to be determined by
lot. Their successors shall serve for 3-year terms. Within 60
days after the effective date of this amendatory Act of the
103rd General Assembly, one additional public member shall be
appointed by each of the county board chairperson of Winnebago
and Boone counties with the advice and consent of the
respective county board. Of the public members added by this
amendatory Act of the 103rd General Assembly, one shall serve
for a 2-year term and one shall serve for a 3-year term, to be
determined by lot. Their successors shall serve for 3-year
terms. All public members shall reside within the territorial
jurisdiction of this Act. Ten Nine members shall constitute a
quorum, and the Board may not meet or take any action without a
quorum present. 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, small business management, real estate
development, community development, venture finance, organized
labor or civic, community or neighborhood organization. The
Chairman of the Authority shall be a public member elected by
the affirmative vote of not fewer than 10 6 members of the
Authority, except that any chairperson elected on or after the
effective date of this amendatory Act of the 97th General
Assembly shall be elected by the affirmative vote of not fewer
than 9 members. The term of the Chairman shall be one year.
(c) The terms of the initial members of the Authority
shall begin 30 days after the effective date of this Act,
except (i) the terms of those members added by this amendatory
Act of 1989 shall begin 30 days after the effective date of
this amendatory Act of 1989 and (ii) the terms of those members
added by this amendatory Act of the 92nd General Assembly
shall begin 30 days after the effective date of this
amendatory Act of the 92nd General Assembly. Of the 10 public
members appointed pursuant to this Act, 2 (one of whom shall be
appointed by the Governor) shall serve until the third Monday
in January, 1989, 2 (one of whom shall be appointed by the
Governor) shall serve until the third Monday in January, 1990,
2 (one of whom shall be appointed by the Governor) shall serve
until the third Monday in January, 1991, 2 (both of whom shall
be appointed by the Governor) shall serve until the third
Monday in January, 1992, and 2 (one of whom shall be appointed
by the Governor and one of whom shall be appointed by the
county board chairman of Knox County) shall serve until the
third Monday in January, 2004. The initial terms of the
members appointed by the county board chairmen (other than the
county board chairman of Knox County) shall be determined by
lot. All successors shall be appointed by the original
appointing authority and hold office for a term of 3 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 occurring among the public members 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 such office, and any person so nominated who is
confirmed by the Senate shall hold office during the remainder
of the term and until a successor shall be appointed and
qualified. Members of the Authority shall not be entitled to
compensation for their services as members but shall be
entitled to reimbursement for all necessary expenses incurred
in connection with the performance of their duties as members.
(d) The Governor may remove any public member of the
Authority appointed by the Governor in case of incompetency,
neglect of duty, or malfeasance in office. The Chairman of a
county board may remove any public member of the Authority
appointed by such Chairman in the case of incompetency,
neglect of duty, or malfeasance in office.
(e) 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
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 members and shall receive
compensation fixed by the Authority. The Authority may engage
the services of such other agents and employees, including
attorneys, appraisers, engineers, accountants, credit analysts
and other consultants, as it may deem advisable and may
prescribe their duties and fix their compensation.
(f) The Board shall create a task force to study and make
recommendations to the Board on the economic development of
the territory within the jurisdiction of this Act. The number
of members constituting the task force shall be set by the
Board and may vary from time to time. The Board may set a
specific date by which the task force is to submit its final
report and recommendations to the Board.
(Source: P.A. 97-278, eff. 8-8-11; 98-463, eff. 8-16-13.)
(70 ILCS 510/5) (from Ch. 85, par. 6205)
Sec. 5. Conflicts of interest; requests for assistance;
disclosure of economic interests. Interest. Members or
employees of authority - conflicting relations or interests -
effects.
(a) No member of the Authority or officer, agent or
employee thereof other than the representatives of a
professional sports team shall, in his or her own name or in
the name of a nominee, be an officer, director or hold an
ownership interest of more than 7-1/2% in any person,
association, trust, corporation, partnership or other entity
which is, in its own name or in the name of a nominee, a party
to a contract or agreement upon which the member or officer,
agent or employee may be called upon to act or vote.
(b) With respect to any direct or any indirect interest,
other than an interest prohibited in subsection (a), in a
contract or agreement upon which the member or officer, agent
or employee may be called upon to act or vote, a member of the
Authority or officer, agent or employee thereof shall disclose
the same to the secretary of the Authority prior to the taking
of final action by the Authority concerning such contract or
agreement and shall so disclose the nature and extent of such
interest and his or her acquisition thereof, which disclosures
shall be publicly acknowledged by the Authority and entered
upon the minutes of the Authority. If a member of the Authority
or officer, agent or employee thereof holds such an interest
then he or she shall refrain from any further official
involvement in regard to such contract or agreement, from
voting on any matter pertaining to such contract or agreement,
and from communicating with other members of the Authority or
its officers, agents and employees concerning said contract or
agreement. Notwithstanding any other provision of law, any
contract or agreement entered into in conformity with this
subsection (b) shall not be void or invalid by reason of the
interest described in this subsection, nor shall any person so
disclosing the interest and refraining from further official
involvement as provided in this subsection be guilty of an
offense, be removed from office or be subject to any other
penalty on account of such interest.
(c) Any contract or agreement made in violation of
subsection (a) or (b) of this Section shall be null and void
and give rise to no action against the Authority. No real
estate to which a member or employee of the Authority holds
legal title or in which such person has any beneficial
interest, including any interest in a land trust, shall be
purchased by the Authority or by a nonprofit corporation or
limited-profit entity for a development to be financed under
this Act. All members and employees of the Authority shall
file annually with the Authority a record of all real estate in
this State of which such person holds legal title or in which
such person has any beneficial interest, including any
interest in a land trust. In the event it is later disclosed
that the Authority has purchased real estate in which a member
or employee had an interest, such purchase shall be voidable
by the Authority and the member or employee involved shall be
disqualified from membership in or employment by the
Authority.
(d) The Authority may not hear a request for assistance
from a restricted person. This prohibition extends to business
relationships between a person who is an Authority leader
within one year prior to the request for assistance and to any
entity in which a restricted person holds or, within the past 2
years, held an ownership interest of 10% or more.
(e) An Authority leader shall disclose and recuse himself
or herself from matters relating to requests for assistance
from an entity that is relocating full-time employees from
another Authority's counties if (i) both Authorities contract
with or employ the same Authority leader or (ii) there is or,
within the past 2 years of the request, there was a business
relationship between the Authority leaders at the 2
Authorities.
(f) The Board of the Authority shall vote to renew the
appointment of the Executive Director and other Authority
leaders on an annual basis. All contracts shall be approved on
an annual basis and use a public process to solicit
applications. This requirement does not apply to full-time
employees of the Authority unless otherwise required by
applicable State law or local ordinance.
(g) Each Authority leader shall submit a statement of
economic interest in accordance with Article 4A of the
Illinois Governmental Ethics Act. Additionally, each Authority
leader shall disclose to the Board outside sources of income
and any business relationships in economic development
consulting or lobbying. Reporting shall include the source of
income, services provided, and timeline of when services were
provided. If the source of income is a firm or organization
with multiple clients, the report shall list all of the
entities for which the individual provided services.
(Source: P.A. 85-713.)
(70 ILCS 510/6) (from Ch. 85, par. 6206)
Sec. 6. Records, and reports, and notices of the
Authority. The secretary shall keep a record of the
proceedings of the Authority. The treasurer of the Authority
shall be custodian of all Authority funds, and shall be bonded
in such amount as the other members of the Authority may
designate. The accounts and bonds of the Authority shall be
set up and maintained in a manner approved by the Auditor
General, and the Authority shall file with the Auditor General
a certified annual report within 120 days after the close of
its fiscal year. The Authority shall also file with the
Governor, the Secretary of the Senate, the Clerk of the House
of Representatives, and the Commission on Government
Forecasting and Accountability, by March 1 of each year, a
written report covering its activities and any activities of
any instrumentality corporation established pursuant to this
Act for the previous fiscal year. In its report to be filed by
March 1, 1988, the Authority shall present an economic
development strategy for the Quad Cities region for the year
beginning July 1, 1988 and for the 4 years next ensuing. In
each annual report thereafter, the Authority shall make
modifications in such economic development strategy for the 4
years beginning on the next ensuing July 1, to reflect changes
in economic conditions or other factors, including the
policies of the Authority and the State of Illinois. It also
shall present an economic development strategy for the fifth
year beginning after the next ensuing July 1. The strategy
shall recommend specific legislative and administrative action
by the State, the Authority, units of local government or
other governmental agencies. Such recommendations may include,
but are not limited to, new programs, modifications to
existing programs, credit enhancements for bonds issued by the
Authority, and amendments to this Act. When filed, such report
shall be a public record and open for inspection at the offices
of the Authority during normal business hours.
The Authority is subject to the Open Meetings Act and the
Freedom of Information Act. Documents subject to the Freedom
of Information Act include, but are not limited to, expenses,
payroll, origination bonuses, and other financial details of
the Authority.
A contract or agreement entered into by the Authority must
be posted on the Authority's website. The Authority shall
provide a detailed report of the Authority's financial
information on the Authority's website, including, but not
limited to, a statement of profits and losses, balance sheet,
and income statement of the Authority.
The Authority shall provide notice to the General
Assembly, the Department of Commerce and Economic Opportunity,
and the Governor once the Authority enters into a commitment
to support the financing of a project. The notice to the
General Assembly shall be filed with the Clerk of the House of
Representatives and the Secretary of the Senate, in electronic
form only, in the manner that the Clerk and the Secretary shall
direct.
(Source: P.A. 100-1148, eff. 12-10-18.)
(70 ILCS 510/14) (from Ch. 85, par. 6214)
Sec. 14. Additional powers and duties.
(a) The Authority may, but need not, acquire title to any
project with respect to which it exercises its authority.
(b) The Authority shall have the power to enter into
intergovernmental agreements with the State of Illinois, the
counties of Jo Daviess, Carroll, Whiteside, Stephenson, Lee,
Knox, Winnebago, Boone, Rock Island, Henry, or Mercer, the
State of Iowa or any authority established by the State of
Iowa, the Illinois Finance Authority, the Illinois Housing
Development Authority, the United States government and any
agency or instrumentality of the United 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.
(c) 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
or personnel of any unit of local government.
(d) The Authority shall have the power to exercise powers
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
Illinois Municipal Code.
(Source: P.A. 93-205, eff. 1-1-04.)"; and
Section 35. The Riverdale Development Authority Act is
amended by changing Sections 10, 15, and 45 and by adding
Sections 21 and 22 as follows:
(70 ILCS 516/10)
Sec. 10. Definitions. In this Act words and phrases have
the meanings set forth in this Section.
"Authority" means the Riverdale Development Authority
created by this Act.
"Authority leader" means the Executive Director,
Assistant Executive Director, or any other person serving
in a management, administrative, or leadership role at the
Authority.
"Board" means the Board of Directors of the Authority.
"Costs incurred in connection with the development,
construction, acquisition, or improvement of a project"
means: the cost of purchase and construction of all lands
and related improvements, together with the equipment and
other property, rights, easements, and franchises acquired
that are deemed necessary for the construction; the costs
of environmental suits, studies and analyses and
subsequent clean-up activities necessary to qualify the
area as needing no further remediation; financing charges;
interest costs with respect to revenue bonds, notes, and
other evidences of indebtedness of the Authority prior to
and during construction and for a period of 36 months
thereafter; engineering and legal expenses; the costs of
plans, specifications, surveys, and estimates of costs and
other expenses necessary or incident to determining the
feasibility or practicability of any project, together
with such other expenses as may be necessary or incident
to the financing, insuring, acquisition, and construction
of a specific project and the placing of the project in
operation.
"Financial aid" means the expenditure of Authority
funds or funds provided by the Authority through the
issuance of its revenue bonds, notes, or other evidences
of indebtedness for the development, construction,
acquisition, or improvement of a project.
"Governmental agency" means any federal, State, county
or local governmental body, and any agency or
instrumentality thereof, corporate or otherwise.
"Lease agreement" means an agreement under which a
project acquired by the Authority by purchase, gift, or
lease is leased to any person or governmental agency that
will use or cause the project to be used as a project upon
terms providing for lease rental payments at least
sufficient to pay when due the lessee's pro rata share of
all principal and interest and premium, if any, on any
revenue bonds, notes, or other evidences of indebtedness
of the Authority issued with respect to the project,
providing for the maintenance, insurance, and operation of
the project on terms satisfactory to the Authority, and
providing for disposition of the project upon termination
of the lease term, including purchase options or
abandonment of the premises, with such other terms as may
be deemed desirable by the Authority.
"Loan agreement" means any agreement by which the
Authority agrees to loan the proceeds of its revenue
bonds, notes, or other evidences of indebtedness issued
with respect to a project to any person or governmental
agency that will use or cause the project to be used as a
project upon terms providing for loan repayment
installments at least sufficient to pay when due the
borrower's pro rata share of all principal of and interest
and premium, if any, on any revenue bonds, notes, or other
evidences of indebtedness of the Authority issued with
respect to the project, providing for maintenance,
insurance, and operation of the project on terms
satisfactory to the Authority, and providing for other
matters as may be deemed advisable by the Authority.
"Person" includes without limitation an individual,
corporation, partnership, unincorporated association, and
any other legal entity, including a trustee, receiver,
assignee, or personal representative of the entity.
"Project" means an industrial, commercial,
freight-oriented or residential project or any combination
thereof provided that all uses shall fall within one of
those categories, including but not limited to one or more
buildings and other structures, improvements, machinery
and equipment whether or not on the same site or any land,
buildings, machinery, or equipment comprising an addition
to or renovation, rehabilitation, or improvement of any
existing capital project. Any project shall automatically
include all site improvements and new construction
involving sidewalks, sewers, landscaping and all
appurtenances and facilities incidental thereto such as
utilities, access roads, railroad sidings, truck docking,
and similar facilities, parking facilities, railroad
roadbed, track, trestle, depot, terminal, intermodal
facilities, switching and signaling equipment, or related
equipment and other improvements necessary or convenient
thereto, solid waste and wastewater treatment and disposal
sites and other pollution control facilities, resource or
waste reduction, recovery, treatment, and disposal
facilities, open spaces, streets, highways, and runways.
"Restricted person" means a person who has a familial
or business relationship with an Authority leader.
"Revenue bond" or "bond" means any bond issued by the
Authority under the supervision of the Illinois Finance
Authority, the principal and interest of which are payable
solely from revenues or income derived from any project or
activity of the Authority.
"Terminal" means a public place, station, or depot for
receiving and delivering passengers, baggage, mail,
freight, or express matter and any combination thereof in
connection with the transportation of persons and property
on land.
"Terminal facilities" means all land, buildings,
structures, improvements, equipment, and appliances useful
in the operation of public warehouse, storage, and
transportation facilities and industrial, manufacturing,
or commercial activities for the accommodation of or in
connection with commerce by land.
(Source: P.A. 94-1093, eff. 1-26-07.)
(70 ILCS 516/15)
Sec. 15. Creation of Authority; Board members; officers.
(a) The Riverdale Development Authority is created as a
political subdivision, body politic, and municipal
corporation.
(b) The jurisdiction of the Authority shall extend over
the approximately 1,200 acres (1.87 sq. miles), more or less,
of largely industrial, commercial and residential property
located between and adjacent to the CSX's Barr Yard and IHB's
Blue Island Yard, exclusive of those yards and other rail
lines and utility property, but including: the property
generally bounded by I-57 on the west; east along Jackson
Street and Indian Boundary Line to Halsted Avenue; south on
Halsted to Forestview Avenue continuing east to the Norfolk
Southern Railway; north along the Norfolk Southern Railway to
the Little Calumet River, east along the River to the
northeastern tip of the peninsula crossing the River at the
height of 130th Street to the Canadian National-Illinois
Central Railroad property line continuing south along the rail
line and crossing the River again; east along the River to
Indiana Avenue; south to 136th Street; west on 136th Street to
the Norfolk Southern Railway then northwest to the northern
boundary of Mohawk Park at the height of Blue Island-Riverdale
Road and thence west on Blue Island-Riverdale Road to the
eastern edge of the Commonwealth Edison easement at the height
of Stewart Avenue and then south on Stewart Avenue to 142nd
Street; west on 142nd Street continuing along the southern
boundary of the IHB Blue Island Yard following this boundary
line west to I-57.
(c) The governing and administrative powers of the
Authority shall be vested in its Board of Directors consisting
of 5 members, 3 of whom shall be appointed by the Mayor of
Riverdale and 2 of whom shall be appointed by the Governor. 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, business management, real estate,
community development, organized labor, or civic, community,
or neighborhood organization.
(d) The terms of the 5 initial appointees to the Authority
shall commence 30 days after the effective date of this Act. Of
the 5 appointees initially appointed (i) one of Riverdale's
appointees and one of the Governor's appointees shall be
appointed to serve terms expiring on the third Monday in
January, 2009; (ii) one of Riverdale's appointees shall be
appointed to serve a term expiring on the third Monday in
January, 2010; and (iii) one of Riverdale's appointees and 1
of the Governor's appointees shall be appointed to serve terms
expiring on the third Monday in January, 2011. 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. 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 its members.
(f) The appointing authority 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 administration, planning, real estate,
economic development, finance, or law. 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 planners,
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 3 members of the Board. 3 members shall
constitute a quorum, and the Board may not meet or take any
action without a quorum present.
(j) All official acts of the Authority shall require the
affirmative vote of at least 3 of the members of the Board
present and voting at a meeting of the Board.
(Source: P.A. 94-1093, eff. 1-26-07.)
(70 ILCS 516/21 new)
Sec. 21. Requests for assistance; disclosure of economic
interests.
(a) The Authority may not hear a request for assistance
from a restricted person. This prohibition extends to business
relationships between a person who is an Authority leader
within one year prior to the request for assistance and to any
entity in which a restricted person holds or, within the past 2
years, held an ownership interest of 10% or more.
(b) An Authority leader shall disclose and recuse himself
or herself from matters relating to requests for assistance
from an entity that is relocating full-time employees from
another Authority's counties if (i) both Authorities contract
with or employ the same Authority leader or (ii) there is or,
within the past 2 years of the request, there was a business
relationship between the Authority leaders at the 2
Authorities.
(c) The Board of the Authority shall vote to renew the
appointment of the Executive Director and other Authority
leaders on an annual basis. All contracts shall be approved on
an annual basis and use a public process to solicit
applications. This requirement does not apply to full-time
employees of the Authority unless otherwise required by
applicable State law or local ordinance.
(d) Each Authority leader shall submit a statement of
economic interest in accordance with Article 4A of the
Illinois Governmental Ethics Act. Additionally, each Authority
leader shall disclose to the Board outside sources of income
and any business relationships in economic development
consulting or lobbying. Reporting shall include the source of
income, services provided, and timeline of when services were
provided. If the source of income is a firm or organization
with multiple clients, the report shall list all of the
entities for which the individual provided services.
(70 ILCS 516/22 new)
Sec. 22. Open meetings; record disclosure.
(a) The Authority is subject to the Open Meetings Act and
the Freedom of Information Act. Documents subject to the
Freedom of Information Act include, but are not limited to,
expenses, payroll, origination bonuses, and other financial
details of the Authority.
(b) A contract or agreement entered into by the Authority
must be posted on the Authority's website. The Authority shall
provide a detailed report of the Authority's financial
information on the Authority's website, including, but not
limited to, a statement of profits and losses, balance sheet,
and income statement of the Authority.
(70 ILCS 516/45)
Sec. 45. Reports; commitment notice. The Authority shall,
annually, submit a report of its finances to the Auditor
General. The Authority shall, annually, submit a report of its
activities to the Governor and to the General Assembly.
The Authority shall provide notice to the General
Assembly, the Department of Commerce and Economic Opportunity,
and the Governor once the Authority enters into a commitment
to support the financing of a project. The notice to the
General Assembly shall be filed with the Clerk of the House of
Representatives and the Secretary of the Senate, in electronic
form only, in the manner that the Clerk and the Secretary shall
direct.
(Source: P.A. 94-1093, eff. 1-26-07.)
Section 40. The Southeastern Illinois Economic Development
Authority Act is amended by changing Sections 15, 20, and 70
and by adding Sections 26 and 27 as follows:
(70 ILCS 518/15)
Sec. 15. Definitions. In this Act:
"Authority" means the Southeastern Illinois Economic
Development Authority.
"Authority leader" means the Executive Director, Assistant
Executive Director, or any other person serving in a
management, administrative, or leadership role at the
Authority.
"Governmental agency" means any federal, State, or local
governmental body and any agency or instrumentality thereof,
corporate or otherwise.
"Person" means any natural person, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock association and includes any trustee, receiver,
assignee or personal representative thereof.
"Restricted person" means a person who has a familial or
business relationship with an Authority leader.
"Revenue bond" means any bond issued by the Authority, the
principal and interest of which is payable solely from
revenues or income derived from any project or activity of the
Authority.
"Board" means the Board of Directors of the Southeastern
Illinois Economic Development Authority.
"Governor" means the Governor of the State of Illinois.
"City" means any city, village, incorporated town, or
township within the geographical territory of the Authority.
"Industrial project" means the following:
(1) a capital project, including one or more buildings
and other structures, improvements, machinery and
equipment whether or not on the same site or sites now
existing or hereafter acquired, suitable for use by any
manufacturing, industrial, research, transportation or
commercial enterprise including but not limited to use as
a factory, mill, processing plant, assembly plant,
packaging plant, fabricating plant, ethanol plant, office
building, industrial distribution center, warehouse,
repair, overhaul or service facility, freight terminal,
research facility, test facility, power generation
facility, mining operation, railroad facility, solid waste
and wastewater treatment and disposal sites and other
pollution control facilities, resource or waste reduction,
recovery, treatment and disposal facilities,
tourism-related facilities, including hotels, theaters,
water parks, and amusement parks, and including also the
sites thereof and other rights in land therefore whether
improved or unimproved, site preparation and landscaping
and all appurtenances and facilities incidental thereto
such as utilities, access roads, railroad sidings, truck
docking and similar facilities, parking facilities,
dockage, wharfage, railroad roadbed, track, trestle,
depot, terminal, switching and signaling equipment or
related equipment and other improvements necessary or
convenient thereto; or
(2) any land, buildings, machinery or equipment
comprising an addition to or renovation, rehabilitation or
improvement of any existing capital project.
"Housing project" or "residential project" includes a
specific work or improvement undertaken to provide dwelling
accommodations, including the acquisition, construction or
rehabilitation of lands, buildings and community facilities
and in connection therewith to provide nonhousing facilities
which are an integral part of a planned large-scale project or
new community.
"Commercial project" means any project, including, but not
limited to, one or more buildings and other structures,
improvements, machinery, and equipment, whether or not on the
same site or sites now existing or hereafter acquired,
suitable for use by any retail or wholesale concern,
distributorship, or agency, or health facility or retirement
facility.
"Project" means an industrial, housing, residential,
commercial, or service project, or any combination thereof,
provided that all uses fall within one of the categories
described above. Any project automatically includes all site
improvements and new construction involving sidewalks, sewers,
solid waste and wastewater treatment and disposal sites and
other pollution control facilities, resource or waste
reduction, recovery, treatment and disposal facilities, parks,
open spaces, wildlife sanctuaries, streets, highways, and
runways.
"Lease agreement" means an agreement in which a project
acquired by the Authority by purchase, gift, or lease is
leased to any person or corporation that will use, or cause the
project to be used, as a project, upon terms providing for
lease rental payments at least sufficient to pay, when due,
all principal of and interest and premium, if any, on any
bonds, notes, or other evidences of indebtedness of the
Authority, issued with respect to the project, providing for
the maintenance, insurance, and operation of the project on
terms satisfactory to the Authority and providing for
disposition of the project upon termination of the lease term,
including purchase options or abandonment of the premises,
with other terms as may be deemed desirable by the Authority.
"Loan agreement" means any agreement in which the
Authority agrees to loan the proceeds of its bonds, notes, or
other evidences of indebtedness, issued with respect to a
project, to any person or corporation which will use or cause
the project to be used as a project, upon terms providing for
loan repayment installments at least sufficient to pay, when
due, all principal of and interest and premium, if any, on any
bonds, notes, or other evidences of indebtedness of the
Authority issued with respect to the project, providing for
maintenance, insurance, and operation of the project on terms
satisfactory to the Authority and providing for other terms
deemed advisable by the Authority.
"Financial aid" means the expenditure of Authority funds
or funds provided by the Authority for the development,
construction, acquisition or improvement of a project, through
the issuance of revenue bonds, notes, or other evidences of
indebtedness.
"Costs incurred in connection with the development,
construction, acquisition or improvement of a project" means
the following:
(1) the cost of purchase and construction of all lands
and improvements in connection therewith and equipment and
other property, rights, easements, and franchises acquired
which are deemed necessary for the construction;
(2) financing charges;
(3) interest costs with respect to bonds, notes, and
other evidences of indebtedness of the Authority prior to
and during construction and for a period of 6 months
thereafter;
(4) engineering and legal expenses; and
(5) the costs of plans, specifications, surveys, and
estimates of costs and other expenses necessary or
incident to determining the feasibility or practicability
of any project, together with such other expenses as may
be necessary or incident to the financing, insuring,
acquisition, and construction of a specific project and
the placing of the same in operation.
(Source: P.A. 98-750, eff. 1-1-15.)
(70 ILCS 518/20)
Sec. 20. Creation.
(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.
(b) The governing and administrative powers of the
Authority shall be vested in a body consisting of 27 members as
follows:
(1) Public members. Nine members shall be appointed by
the Governor with the advice and consent of the Senate.
The county board chairmen of the following counties shall
each appoint one member: Clark, Clay, Crawford,
Cumberland, Edwards, Effingham, Fayette, Hamilton, Jasper,
Jefferson, Lawrence, Marion, Richland, Wabash, Washington,
Wayne, and White.
(2) One member shall be appointed by the Director of
Commerce and Economic Opportunity.
All public members shall reside within the territorial
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.
(c) Fourteen members shall constitute a quorum, and the
Board may not meet or take any action without a quorum present.
(d) The chairman of the Authority shall be elected
annually by the Board.
(e) The terms of the initial members of the Authority
shall begin 30 days after the effective date of this Act. Of
the 10 original members appointed by the Governor and the
Director of Commerce and Economic Opportunity 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. The terms of the initial public members of the
Authority appointed by the county board chairmen shall begin
30 days after the effective date of this amendatory Act of the
97th General Assembly. The terms of the initial public members
appointed by the county board chairmen shall be determined by
lot, according to the following schedule: (i) 4 shall serve
until the third Monday in January, 2013, (ii) 4 shall serve
until the third Monday in January, 2014, (iii) 3 shall serve
until the third Monday in January, 2015, (iv) 3 shall serve
until the third Monday in January, 2016, and (v) 3 shall serve
until the third Monday in January, 2017. All successors to
these initial members shall be appointed by the original
appointing authority 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 members shall be filled for the remainder
of the term. In case of a 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.
(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 member
appointed by the Director, in case of incompetence, neglect of
duty, or malfeasance in office. The chairman of a county
board, with the approval of a majority vote of the county
board, may remove any public member appointed by that chairman
in the case of incompetence, neglect of duty, or malfeasance
in office.
(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
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 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.
(Source: P.A. 97-717, eff. 6-29-12.)
(70 ILCS 518/26 new)
Sec. 26. Requests for assistance; disclosure of economic
interests.
(a) The Authority may not hear a request for assistance
from a restricted person. This prohibition extends to business
relationships between a person who is an Authority leader
within one year prior to the request for assistance and to any
entity in which a restricted person holds or, within the past 2
years, held an ownership interest of 10% or more.
(b) An Authority leader shall disclose and recuse himself
or herself from matters relating to requests for assistance
from an entity that is relocating full-time employees from
another Authority's counties if (i) both Authorities contract
with or employ the same Authority leader or (ii) there is or,
within the past 2 years of the request, there was a business
relationship between the Authority leaders at the 2
Authorities.
(c) The Board of the Authority shall vote to renew the
appointment of the Executive Director and other Authority
leaders on an annual basis. All contracts shall be approved on
an annual basis and use a public process to solicit
applications. This requirement does not apply to full-time
employees of the Authority unless otherwise required by
applicable State law or local ordinance.
(d) Each Authority leader shall submit a statement of
economic interest in accordance with Article 4A of the
Illinois Governmental Ethics Act. Additionally, each Authority
leader shall disclose to the Board outside sources of income
and any business relationships in economic development
consulting or lobbying. Reporting shall include the source of
income, services provided, and timeline of when services were
provided. If the source of income is a firm or organization
with multiple clients, the report shall list all of the
entities for which the individual provided services.
(70 ILCS 518/27 new)
Sec. 27. Open meetings; record disclosure.
(a) The Authority is subject to the Open Meetings Act and
the Freedom of Information Act. Documents subject to the
Freedom of Information Act include, but are not limited to,
expenses, payroll, origination bonuses, and other financial
details of the Authority.
(b) A contract or agreement entered into by the Authority
must be posted on the Authority's website. The Authority shall
provide a detailed report of the Authority's financial
information on the Authority's website, including, but not
limited to, a statement of profits and losses, balance sheet,
and income statement of the Authority.
(70 ILCS 518/70)
Sec. 70. Reports; commitment notice and audit.
(a) The Authority shall annually submit a report of its
finances to the Auditor General. The Authority shall annually
submit a report of its activities to the Governor and to the
General Assembly.
(b) (Blank).
(c) The Authority shall provide notice to the General
Assembly, the Department of Commerce and Economic Opportunity,
and the Governor once the Authority enters into a commitment
to support the financing of a project. The notice to the
General Assembly shall be filed with the Clerk of the House of
Representatives and the Secretary of the Senate, in electronic
form only, in the manner that the Clerk and the Secretary shall
direct.
(Source: P.A. 98-750, eff. 1-1-15.)
Section 45. The Southern Illinois Economic Development
Authority Act is amended by changing Sections 5-15, 5-20, and
5-75 and by adding Sections 5-26 and 5-27 as follows:
(70 ILCS 519/5-15)
Sec. 5-15. Definitions. In this Act:
"Authority" means the Southern Illinois Economic
Development Authority.
"Authority leader" means the Executive Director, Assistant
Executive Director, or any other person serving in a
management, administrative, or leadership role at the
Authority.
"Governmental agency" means any federal, State, or local
governmental body and any agency or instrumentality thereof,
corporate or otherwise.
"Person" means any natural person, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock association and includes any trustee, receiver,
assignee or personal representative thereof.
"Restricted person" means a person who has a familial or
business relationship with an Authority leader.
"Revenue bond" means any bond issued by the Authority, the
principal and interest of which is payable solely from
revenues or income derived from any project or activity of the
Authority.
"Board" means the Board of Directors of the Southern
Illinois Economic Development Authority.
"Governor" means the Governor of the State of Illinois.
"City" means any city, village, incorporated town, or
township within the geographical territory of the Authority.
"Industrial project" means the following:
(1) a capital project, including one or more buildings
and other structures, improvements, machinery and
equipment whether or not on the same site or sites now
existing or hereafter acquired, suitable for use by any
manufacturing, industrial, research, transportation or
commercial enterprise including but not limited to use as
a factory, mill, processing plant, assembly plant,
packaging plant, fabricating plant, ethanol plant, office
building, industrial distribution center, warehouse,
repair, overhaul or service facility, freight terminal,
research facility, test facility, railroad facility, port
facility, solid waste and wastewater treatment and
disposal sites and other pollution control facilities,
resource or waste reduction, recovery, treatment and
disposal facilities, and including also the sites thereof
and other rights in land therefore whether improved or
unimproved, site preparation and landscaping and all
appurtenances and facilities incidental thereto such as
utilities, access roads, railroad sidings, truck docking
and similar facilities, parking facilities, dockage,
wharfage, railroad roadbed, track, trestle, depot,
terminal, switching and signaling equipment or related
equipment and other improvements necessary or convenient
thereto; or
(2) any land, buildings, machinery or equipment
comprising an addition to or renovation, rehabilitation or
improvement of any existing capital project.
"Housing project" or "residential project" includes a
specific work or improvement undertaken to provide dwelling
accommodations, including the acquisition, construction or
rehabilitation of lands, buildings and community facilities
and in connection therewith to provide nonhousing facilities
which are an integral part of a planned large-scale project or
new community.
"Commercial project" means any project, including, but not
limited to, one or more buildings and other structures,
improvements, machinery, and equipment, whether or not on the
same site or sites now existing or hereafter acquired,
suitable for use by any retail or wholesale concern,
distributorship, or agency.
"Project" means an industrial, housing, residential,
commercial, or service project, or any combination thereof,
provided that all uses fall within one of the categories
described above. Any project automatically includes all site
improvements and new construction involving sidewalks, sewers,
solid waste and wastewater treatment and disposal sites and
other pollution control facilities, resource or waste
reduction, recovery, treatment and disposal facilities, parks,
open spaces, wildlife sanctuaries, streets, highways, and
runways.
"Lease agreement" means an agreement in which a project
acquired by the Authority by purchase, gift, or lease is
leased to any person or corporation that will use, or cause the
project to be used, as a project, upon terms providing for
lease rental payments at least sufficient to pay, when due,
all principal of and interest and premium, if any, on any
bonds, notes, or other evidences of indebtedness of the
Authority, issued with respect to the project, providing for
the maintenance, insurance, and operation of the project on
terms satisfactory to the Authority and providing for
disposition of the project upon termination of the lease term,
including purchase options or abandonment of the premises,
with other terms as may be deemed desirable by the Authority.
"Loan agreement" means any agreement in which the
Authority agrees to loan the proceeds of its bonds, notes, or
other evidences of indebtedness, issued with respect to a
project, to any person or corporation which will use or cause
the project to be used as a project, upon terms providing for
loan repayment installments at least sufficient to pay, when
due, all principal of and interest and premium, if any, on any
bonds, notes, or other evidences of indebtedness of the
Authority issued with respect to the project, providing for
maintenance, insurance, and operation of the project on terms
satisfactory to the Authority and providing for other terms
deemed advisable by the Authority.
"Financial aid" means the expenditure of Authority funds
or funds provided by the Authority for the development,
construction, acquisition or improvement of a project, through
the issuance of revenue bonds, notes, or other evidences of
indebtedness.
"Costs incurred in connection with the development,
construction, acquisition or improvement of a project" means
the following:
(1) the cost of purchase and construction of all lands
and improvements in connection therewith and equipment and
other property, rights, easements, and franchises acquired
which are deemed necessary for the construction;
(2) financing charges;
(3) interest costs with respect to bonds, notes, and
other evidences of indebtedness of the Authority prior to
and during construction and for a period of 6 months
thereafter;
(4) engineering and legal expenses; and
(5) the costs of plans, specifications, surveys, and
estimates of costs and other expenses necessary or
incident to determining the feasibility or practicability
of any project, together with such other expenses as may
be necessary or incident to the financing, insuring,
acquisition, and construction of a specific project and
the placing of the same in operation.
(Source: P.A. 98-750, eff. 1-1-15.)
(70 ILCS 519/5-20)
Sec. 5-20. Creation.
(a) There is created a political subdivision, body
politic, and municipal corporation named the Southern Illinois
Economic Development Authority. The territorial jurisdiction
of the Authority is that geographic area within the boundaries
of the following counties: Franklin, Perry, Randolph, Jackson,
Williamson, Saline, Gallatin, Union, Johnson, Pope, Hardin,
Alexander, Pulaski, and Massac and any navigable waters and
air space located therein.
(b) The governing and administrative powers of the
Authority shall be vested in a body consisting of 21 members as
follows:
(1) Ex officio member. The Director of Commerce and
Economic Opportunity, or a designee of that Department,
shall serve as an ex officio member.
(2) Public members. Six members shall be appointed by
the Governor with the advice and consent of the Senate.
The county board chairmen of the following counties shall
each appoint one member: Franklin, Perry, Randolph,
Jackson, Williamson, Saline, Gallatin, Union, Johnson,
Pope, Hardin, Alexander, Pulaski, and Massac. All public
members shall reside within the territorial 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.
(c) 11 members shall constitute a quorum, and the Board
may not meet or take any action without a quorum present.
(d) The chairman of the Authority shall be elected
annually by the Board and must be a public member that resides
within the territorial jurisdiction of the Authority.
(e) The terms of all initial members of the Authority
shall begin 30 days after the effective date of this Act. Of
the 6 original public members appointed by the Governor, 2
shall serve until the third Monday in January, 2007; 1 shall
serve until the third Monday in January, 2008; 1 shall serve
until the third Monday in January, 2009; 1 shall serve until
the third Monday in January, 2010; and 1 shall serve until the
third Monday in January, 2011. The initial terms of the
original public members appointed by the county board chairmen
shall be determined by lot, according to the following
schedule: (i) 3 shall serve until the third Monday in January,
2007, (ii) 3 shall serve until the third Monday in January,
2008, (iii) 3 shall serve until the third Monday in January,
2009, (iv) 3 shall serve until the third Monday in January,
2010, and (v) 2 shall serve until the third Monday in January,
2011. All successors to these original public members shall be
appointed by the original appointing authority and all
appointments made by the Governor shall be made with the
advice and consent of the Senate, pursuant to subsection (b),
and shall hold office for a term of 6 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 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.
(f) The Governor may remove any public member of the
Authority in case of incompetence, neglect of duty, or
malfeasance in office. The chairman of a county board may
remove any public member appointed by that chairman in the
case of incompetence, neglect of duty, or malfeasance in
office.
(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
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 Department of Commerce and
Community Affairs shall pay the compensation of the Executive
Director from appropriations received for that purpose. The
Executive Director shall attend all meetings of the Authority.
However, no action of the Authority shall be 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
Southern Illinois Economic Development Authority deems it
advisable.
(Source: P.A. 94-1021, eff. 7-12-06.)
(70 ILCS 519/5-26 new)
Sec. 5-26. Requests for assistance; disclosure of economic
interests.
(a) The Authority may not hear a request for assistance
from a restricted person. This prohibition extends to business
relationships between a person who is an Authority leader
within one year prior to the request for assistance and to any
entity in which a restricted person holds or, within the past 2
years, held an ownership interest of 10% or more.
(b) An Authority leader shall disclose and recuse himself
or herself from matters relating to requests for assistance
from an entity that is relocating full-time employees from
another Authority's counties if (i) both Authorities contract
with or employ the same Authority leader or (ii) there is or,
within the past 2 years of the request, there was a business
relationship between the Authority leaders at the 2
Authorities.
(c) The Board of the Authority shall vote to renew the
appointment of the Executive Director and other Authority
leaders on an annual basis. All contracts shall be approved on
an annual basis and use a public process to solicit
applications. This requirement does not apply to full-time
employees of the Authority unless otherwise required by
applicable State law or local ordinance.
(d) Each Authority leader shall submit a statement of
economic interest in accordance with Article 4A of the
Illinois Governmental Ethics Act. Additionally, each Authority
leader shall disclose to the Board outside sources of income
and any business relationships in economic development
consulting or lobbying. Reporting shall include the source of
income, services provided, and timeline of when services were
provided. If the source of income is a firm or organization
with multiple clients, the report shall list all of the
entities for which the individual provided services.
(70 ILCS 519/5-27 new)
Sec. 5-27. Open meetings; record disclosure.
(a) The Authority is subject to the Open Meetings Act and
the Freedom of Information Act. Documents subject to the
Freedom of Information Act include, but are not limited to,
expenses, payroll, origination bonuses, and other financial
details of the Authority.
(b) A contract or agreement entered into by the Authority
must be posted on the Authority's website. The Authority shall
provide a detailed report of the Authority's financial
information on the Authority's website, including, but not
limited to, a statement of profits and losses, balance sheet,
and income statement of the Authority.
(70 ILCS 519/5-75)
Sec. 5-75. Reports; commitment notice. The Authority shall
annually submit a report of its finances to the Auditor
General. The Authority shall annually submit a report of its
activities to the Governor and to the General Assembly.
The Authority shall provide notice to the General
Assembly, the Department of Commerce and Economic Opportunity,
and the Governor once the Authority enters into a commitment
to support the financing of a project. The notice to the
General Assembly shall be filed with the Clerk of the House of
Representatives and the Secretary of the Senate, in electronic
form only, in the manner that the Clerk and the Secretary shall
direct.
(Source: P.A. 94-1021, eff. 7-12-06.)
Section 50. The Southwestern Illinois Development
Authority Act is amended by changing Sections 3, 4, 5, 8, and
11.1 and by adding Sections 5.1 and 6.1 as follows:
(70 ILCS 520/3) (from Ch. 85, par. 6153)
Sec. 3. The following terms, whenever used or referred to
in this Act, shall have the following meanings, except in such
instances where the context may clearly indicate otherwise:
(a) "Authority" means the Southwestern Illinois
Development Authority created by this Act.
(a-5) "Authority leader" means the Executive Director,
Assistant Executive Director, or any other person serving in a
management, administrative, or leadership role at the
Authority.
(b) "Governmental agency" means any federal, State or
local governmental body, and any agency or instrumentality
thereof, corporate or otherwise.
(c) "Person" means any natural person, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock association and includes any trustee, receiver,
assignee or personal representative thereof.
(c-5) "Restricted person" means a person who has a
familial or business relationship with an Authority leader.
(d) "Revenue bond" means any bond issued by the Authority
the principal and interest of which is payable solely from
revenues or income derived from any project or activity of the
Authority.
(e) "Board" means the Southwestern Illinois Development
Authority Board of Directors.
(f) "Governor" means the Governor of the State of
Illinois.
(g) "City" means any city, village, incorporated town or
township within the geographical territory of the Authority.
(h) "Industrial project" means (1) a capital project,
including one or more buildings and other structures,
improvements, machinery and equipment whether or not on the
same site or sites now existing or hereafter acquired,
suitable for use by any manufacturing, industrial, research,
transportation or commercial enterprise including but not
limited to use as a factory, mill, processing plant, assembly
plant, packaging plant, fabricating plant, office building,
industrial distribution center, warehouse, repair, overhaul or
service facility, freight terminal, research facility, test
facility, railroad facility, solid waste and wastewater
treatment and disposal sites and other pollution control
facilities, resource or waste reduction, recovery, treatment
and disposal facilities, and including also the sites thereof
and other rights in land therefor whether improved or
unimproved, site preparation and landscaping and all
appurtenances and facilities incidental thereto such as
utilities, access roads, railroad sidings, truck docking and
similar facilities, parking facilities, dockage, wharfage,
railroad roadbed, track, trestle, depot, terminal, switching
and signaling equipment or related equipment and other
improvements necessary or convenient thereto; or (2) any land,
buildings, machinery or equipment comprising an addition to or
renovation, rehabilitation or improvement of any existing
capital project.
(i) "Housing project" or "residential project" includes a
specific work or improvement undertaken to provide dwelling
accommodations, including the acquisition, construction or
rehabilitation of lands, buildings and community facilities
and in connection therewith to provide nonhousing facilities
which are an integral part of a planned large-scale project or
new community.
(j) "Commercial project" means any project, including but
not limited to one or more buildings and other structures,
improvements, machinery and equipment whether or not on the
same site or sites now existing or hereafter acquired,
suitable for use by any retail or wholesale concern,
distributorship or agency, any cultural facilities of a
for-profit or not-for-profit type including but not limited to
educational, theatrical, recreational and entertainment,
sports facilities, racetracks, stadiums, convention centers,
exhibition halls, arenas, opera houses and theaters,
waterfront improvements, swimming pools, boat storage,
moorage, docking facilities, restaurants, velodromes,
coliseums, sports training facilities, parking facilities,
terminals, hotels and motels, gymnasiums, medical facilities
and port facilities.
(k) "Unit of local government" means a unit of local
government, as defined in Section 1 of Article VII of the
Illinois Constitution, and any local public entity as that
term is defined in the Local Governmental and Governmental
Employees Tort Immunity Act and such unit of local government
or local public entity is located within the geographical
territory of the Authority or, for the purposes of the Flood
Prevention District Act, is located within Monroe County,
Illinois.
(l) "Local government project" means a project or other
undertaking that is authorized or required by law to be
acquired, constructed, reconstructed, equipped, improved,
rehabilitated, replaced, maintained, or otherwise undertaken
in any manner by a unit of local government.
(m) "Local government security" means a bond, note, or
other evidence of indebtedness that a unit of local government
is legally authorized to issue for the purpose of financing a
public purpose project or to issue for any other lawful public
purpose under any provision of the Illinois Constitution or
laws of this State, whether the obligation is payable from
taxes or revenues, rates, charges, assessments,
appropriations, grants, or any other lawful source or
combination thereof, and specifically includes, without
limitation, obligations under any lease or lease purchase
agreement lawfully entered into by the unit of local
government for the acquisition or use of facilities or
equipment.
(n) "Project" means an industrial, housing, residential,
commercial, local government, or service project or any
combination thereof provided that all uses shall fall within
one of the categories described above. Any project, of any
nature whatsoever, shall automatically include all site
improvements and new construction involving sidewalks, sewers,
solid waste and wastewater treatment and disposal sites and
other pollution control facilities, resource or waste
reduction, recovery, treatment and disposal facilities, parks,
open spaces, wildlife sanctuaries, streets, highways and
runways.
(o) "Lease agreement" shall mean an agreement whereby a
project acquired by the Authority by purchase, gift or lease
is leased to any person or corporation which will use or cause
the project to be used as a project as heretofore defined upon
terms providing for lease rental payments at least sufficient
to pay when due all principal of and interest and premium, if
any, on any bonds, notes or other evidences of indebtedness of
the Authority issued with respect to such project, providing
for the maintenance, insurance and operation of the project on
terms satisfactory to the Authority and providing for
disposition of the project upon termination of the lease term,
including purchase options or abandonment of the premises,
with such other terms as may be deemed desirable by the
Authority.
(p) "Loan agreement" means any agreement pursuant to which
the Authority agrees to loan the proceeds of its bonds, notes
or other evidences of indebtedness issued with respect to a
project to any person or corporation which will use or cause
the project to be used as a project as heretofore defined upon
terms providing for loan repayment installments at least
sufficient to pay when due all principal of and interest and
premium, if any, on any bonds, notes or other evidences of
indebtedness of the Authority issued with respect to the
project, providing for maintenance, insurance and operation of
the project on terms satisfactory to the Authority and
providing for other matters as may be deemed advisable by the
Authority.
(q) "Financial aid" means the expenditure of Authority
funds or funds provided by the Authority through the issuance
of its revenue bonds, notes or other evidences of indebtedness
for the development, construction, acquisition or improvement
of a project.
(r) "Costs incurred in connection with the development,
construction, acquisition or improvement of a project" means
the following: the cost of purchase and construction of all
lands and improvements in connection therewith and equipment
and other property, rights, easements and franchises acquired
which are deemed necessary for such construction; financing
charges; interest costs with respect to bonds, notes and other
evidences of indebtedness of the Authority prior to and during
construction and for a period of 6 months thereafter;
engineering and legal expenses; the costs of plans,
specifications, surveys and estimates of costs and other
expenses necessary or incident to determining the feasibility
or practicability of any project, together with such other
expenses as may be necessary or incident to the financing,
insuring, acquisition and construction of a specific project
and the placing of the same in operation.
(s) "Terminal" means a public place, station or depot for
receiving and delivering passengers, baggage, mail, freight or
express matter and any combination thereof in connection with
the transportation of persons and property on water or land or
in the air.
(t) "Terminal facilities" means all land, buildings,
structures, improvements, equipment and appliances useful in
the operation of public warehouse, storage and transportation
facilities and industrial, manufacturing or commercial
activities for the accommodation of or in connection with
commerce by water or land or in the air or useful as an aid, or
constituting an advantage or convenience to, the safe landing,
taking off and navigation of aircraft or the safe and
efficient operation or maintenance of a public airport.
(u) "Port facilities" means all public structures, except
terminal facilities as defined herein, that are in, over,
under or adjacent to navigable waters and are necessary for or
incident to the furtherance of water commerce and includes the
widening and deepening of slips, harbors and navigable waters.
(v) "Airport" means any locality, either land or water,
which is used or designed for the landing and taking off of
aircraft or for the location of runways, landing fields,
aerodromes, hangars, buildings, structures, airport roadways
and other facilities.
(Source: P.A. 95-723, eff. 6-23-08.)
(70 ILCS 520/4) (from Ch. 85, par. 6154)
Sec. 4. (a) There is hereby created a political
subdivision, body politic and municipal corporation named the
Southwestern Illinois Development Authority. The territorial
jurisdiction of the Authority is that geographic area within
the boundaries of Madison, St. Clair, Bond, and Clinton, and
Monroe counties in the State of Illinois and any navigable
waters and air space located therein.
(b) The governing and administrative powers of the
Authority shall be vested in a body consisting of 15 voting 14
members including, as ex officio members, the Director of
Commerce and Economic Opportunity, or his or her designee, and
the Secretary of Transportation, or his or her designee. The
other 13 voting 12 members of the Authority shall be
designated "public members", 6 of whom shall be appointed by
the Governor with the advice and consent of the Senate, 2 of
whom shall be appointed by the county board chairman of
Madison County, 2 of whom shall be appointed by the county
board chairman of St. Clair County, one of whom shall be
appointed by the county board chairman of Bond County, and one
of whom shall be appointed by the county board chairman of
Clinton County, and one of whom shall be appointed by the
county board chairman of Monroe County. All public members
shall reside within the territorial jurisdiction of this Act.
Eight voting members shall constitute a quorum, and the Board
may not meet or take any action without a quorum present. 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, small
business management, real estate development, community
development, venture finance, organized labor or civic,
community or neighborhood organization. The Chairman of the
Authority shall be elected by the Board annually from the
voting members appointed by the county board chairmen.
(c) Except as otherwise provided in this subsection, the
The terms of all members of the Authority shall begin 30 days
after the effective date of this Act. Of the 8 public members
initially appointed pursuant to this Act, 3 shall serve until
the third Monday in January, 1988, 3 shall serve until the
third Monday in January, 1989, and 2 shall serve until the
third Monday in January, 1990. The public members initially
appointed under this amendatory Act of the 94th General
Assembly shall serve until the third Monday in January, 2008.
The member initially appointed pursuant to this amendatory Act
of the 103rd General Assembly by the county board chairman of
Monroe County shall serve until the third Monday in January
2026. All successors shall be appointed by the original
appointing authority and hold office for a term of 3 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 occurring among the public members 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 such office, and any person so nominated who is
confirmed by the Senate shall hold office during the remainder
of the term and until a successor shall be appointed and
qualified. Members of the Authority shall not be entitled to
compensation for their services as members but shall be
entitled to reimbursement for all necessary expenses incurred
in connection with the performance of their duties as members.
(d) The Governor may remove any public member of the
Authority in case of incompetency, neglect of duty, or
malfeasance in office.
(e) 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
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 members and shall receive
compensation fixed by the Authority. The Executive Director
shall attend all meetings of the Authority; however, no action
of the Authority shall be invalid on account of the absence of
the Executive Director from a meeting. The Authority may
engage the services of such other agents and employees,
including attorneys, appraisers, engineers, accountants,
credit analysts and other consultants, as it may deem
advisable and may prescribe their duties and fix their
compensation.
(f) The Board may, by majority vote, nominate up to 4
non-voting members for appointment by the Governor. Non-voting
members shall be persons of 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, or civic, community, or
neighborhood organization. Non-voting members shall serve at
the pleasure of the Board. All non-voting members may attend
meetings of the Board and shall be reimbursed as provided in
subsection (c).
(g) The Board shall create a task force to study and make
recommendations to the Board on the economic development of
the city of East St. Louis and on the economic development of
the riverfront within the territorial jurisdiction of this
Act. The members of the task force shall reside within the
territorial jurisdiction of this Act, shall serve at the
pleasure of the Board and shall be persons of 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 or civic, community or neighborhood organization. The
number of members constituting the task force shall be set by
the Board and may vary from time to time. The Board may set a
specific date by which the task force is to submit its final
report and recommendations to the Board.
(Source: P.A. 96-443, eff. 8-14-09.)
(70 ILCS 520/5) (from Ch. 85, par. 6155)
Sec. 5. All official acts of the Authority shall require
the approval of at least 8 voting members. It shall be the duty
of the Authority to promote development within the geographic
confines of Madison, Bond, Clinton, and St. Clair, and Monroe
counties. The Authority shall use the powers herein conferred
upon it to assist in the development, construction and
acquisition of industrial, commercial, housing or residential
projects within Madison, Bond, Clinton, and St. Clair, and
Monroe counties.
(Source: P.A. 94-1096, eff. 6-1-07.)
(70 ILCS 520/5.1 new)
Sec. 5.1. Open meetings; record disclosure.
(a) The Authority is subject to the Open Meetings Act and
the Freedom of Information Act. Documents subject to the
Freedom of Information Act include, but are not limited to,
expenses, payroll, origination bonuses, and other financial
details of the Authority.
(b) A contract or agreement entered into by the Authority
must be posted on the Authority's website. The Authority shall
provide a detailed report of the Authority's financial
information on the Authority's website, including, but not
limited to, a statement of profits and losses, balance sheet,
and income statement of the Authority.
(70 ILCS 520/6.1 new)
Sec. 6.1. Commitment notice. The Authority shall provide
notice to the General Assembly, the Department of Commerce and
Economic Opportunity, and the Governor once the Authority
enters into a commitment to support the financing of a
project. The notice to the General Assembly shall be filed
with the Clerk of the House of Representatives and the
Secretary of the Senate, in electronic form only, in the
manner that the Clerk and the Secretary shall direct.
(70 ILCS 520/8) (from Ch. 85, par. 6158)
Sec. 8. (a) The Authority may, but need not, acquire title
to any project with respect to which it exercises its
authority.
(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
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 such source. The
Authority may acquire any real property, or rights therein,
upon condemnation. The acquisition by eminent domain of such
real property or any interest therein by the Authority shall
be in the manner provided by the Eminent Domain Act, including
Article 20 thereof (quick-take power).
The Authority shall not exercise any quick-take eminent
domain powers granted by State law within the corporate limits
of a municipality unless the governing authority of the
municipality authorizes the Authority to do so. The Authority
shall not exercise any quick-take eminent domain powers
granted by State law within the unincorporated areas of a
county unless the county board authorizes the Authority to do
so.
(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 such
purpose the proceeds derived from its sale of revenue bonds,
notes or other evidences of indebtedness or governmental loans
or grants and to hold title in the name of the Authority to
such projects.
(d) The Authority shall have the power to enter into
intergovernmental agreements with the State of Illinois, the
counties of Bond, Clinton, Madison, Monroe, and or St. Clair,
the Southwest Regional Port District, the Illinois Finance
Authority, the Illinois Housing Development Authority, the
Metropolitan Pier and Exposition Authority, the United States
government and any agency or instrumentality of the United
States, the city of East St. Louis, 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.
(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
or personnel of any unit of local government.
(f) The Authority shall have the power to exercise powers
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
Illinois Municipal Code.
(Source: P.A. 93-205, eff. 1-1-04; 94-1055, eff. 1-1-07.)
(70 ILCS 520/11.1) (from Ch. 85, par. 6161.1)
Sec. 11.1. (a) No member of the Authority or officer,
agent, or employee of the Authority shall, in his or her own
name or in the name of a nominee, be an officer or director of
or hold an ownership of more than 7.5% in any person,
association, trust, corporation, partnership, or other entity
that is, in its own name or in the name of a nominee, a party
to a contract or agreement upon which the member, officer,
agent, or employee may be called upon to act or vote.
(b) With respect to any direct or any indirect interest,
other than an interest prohibited in subsection (a), in a
contract or agreement upon which the member, officer, agent,
or employee may be called upon to act or vote, the member,
officer, agent, or employee shall disclose that interest to
the secretary of the Authority before the taking of final
action by the Authority concerning that contract or agreement
and shall also disclose the nature and extent of that interest
and his or her acquisition of that interest, which disclosures
shall be publicly acknowledged by the Authority and entered
upon the minutes of the Authority. If a member of the Authority
or an officer, agent, or employee of the Authority holds such
an interest, then he or she shall refrain from any further
official involvement in regard to the contract or agreement,
from voting on any matter pertaining to the contract or
agreement, and from communicating with other members of the
Authority or its officers, agents, and employees concerning
the contract or agreement. Notwithstanding any other provision
of law, any contract or agreement entered into in conformity
with this subsection (b) shall not be void or invalid by reason
of an interest described in this subsection, nor shall any
person so disclosing the interest and refraining from further
official involvement as provided in this subsection be guilty
of an offense, be removed from office, or be subject to any
other penalty on account of that interest.
(c) Any contract or agreement made in violation of
subsection (a) or (b) is void and gives rise to no action
against the Authority.
(d) The Authority may not hear a request for assistance
from a restricted person. This prohibition extends to business
relationships between a person who is an Authority leader
within one year prior to the request for assistance and to any
entity in which a restricted person holds or, within the past 2
years, held an ownership interest of 10% or more.
(e) An Authority leader shall disclose and recuse himself
or herself from matters relating to requests for assistance
from an entity that is relocating full-time employees from
another Authority's counties if (i) both Authorities contract
with or employ the same Authority leader or (ii) there is or,
within the past 2 years of the request, there was a business
relationship between the Authority leaders at the 2
Authorities.
(f) The Board of the Authority shall vote to renew the
appointment of the Executive Director and other Authority
leaders on an annual basis. All contracts shall be approved on
an annual basis and use a public process to solicit
applications. This requirement does not apply to full-time
employees of the Authority unless otherwise required by
applicable State law or local ordinance.
(g) Each Authority leader shall submit a statement of
economic interest in accordance with Article 4A of the
Illinois Governmental Ethics Act. Additionally, each Authority
leader shall disclose to the Board outside sources of income
and any business relationships in economic development
consulting or lobbying. Reporting shall include the source of
income, services provided, and timeline of when services were
provided. If the source of income is a firm or organization
with multiple clients, the report shall list all of the
entities for which the individual provided services.
(Source: P.A. 86-1455.)
Section 55. The Tri-County River Valley Development
Authority Law is amended by changing Sections 2003, 2004,
2008, and 2013 and by adding Sections 2005.1 and 2005.2 as
follows:
(70 ILCS 525/2003) (from Ch. 85, par. 7503)
Sec. 2003. Definitions. The following terms, whenever used
or referred to in this Article, shall have the following
meanings, except in such instances where the context may
clearly indicate otherwise:
(a) "Authority" means the Tri-County River Valley
Development Authority created by this Article.
(a-5) "Authority leader" means the Executive Director,
Assistant Executive Director, or any other person serving in a
management, administrative, or leadership role at the
Authority.
(b) "Governmental agency" means any federal, State or
local governmental body, and any agency or instrumentality
thereof, corporate or otherwise.
(c) "Person" means any natural person, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock association and includes any trustee, receiver,
assignee or personal representative thereof.
(c-5) "Restricted person" means a person who has a
familial or business relationship with an Authority leader.
(d) "Revenue bond" means any bond issued by the Authority
the principal and interest of which is payable solely from
revenues or income derived from any project or activity of the
Authority.
(e) "Board" means the Tri-County River Valley Development
Authority Board of Directors.
(f) "Governor" means the Governor of the State of
Illinois.
(g) "City" means any city, village, incorporated town or
township within the geographical territory of the Authority.
(h) "Industrial project" means (1) a capital project,
including one or more buildings and other structures,
improvements, machinery and equipment whether or not on the
same site or sites now existing or hereafter acquired,
suitable for use by any manufacturing, industrial, research,
transportation or commercial enterprise including but not
limited to use as a factory, mill, processing plant, assembly
plant, packaging plant, fabricating plant, office building,
industrial distribution center, warehouse, repair, overhaul or
service facility, freight terminal, research facility, test
facility, railroad facility, solid waste and wastewater
treatment and disposal sites and other pollution control
facilities, resource or waste reduction, recovery, treatment
and disposal facilities, and including also the sites thereof
and other rights in land therefor whether improved or
unimproved, site preparation and landscaping and all
appurtenances and facilities incidental thereto such as
utilities, access roads, railroad sidings, truck docking and
similar facilities, parking facilities, dockage, wharfage,
railroad roadbed, track, trestle, depot, terminal, switching
and signaling equipment or related equipment and other
improvements necessary or convenient thereto; or (2) any land,
buildings, machinery or equipment comprising an addition to or
renovation, rehabilitation or improvement of any existing
capital project.
(i) "Housing project" or "residential project" includes a
specific work or improvement undertaken to provide dwelling
accommodations, including the acquisition, construction or
rehabilitation of lands, buildings and community facilities
and in connection therewith to provide nonhousing facilities
which are an integral part of a planned large-scale project or
new community.
(j) "Commercial project" means any project, including but
not limited to one or more buildings and other structures,
improvements, machinery and equipment whether or not on the
same site or sites now existing or hereafter acquired,
suitable for use by any retail or wholesale concern,
distributorship or agency, any cultural facilities of a
for-profit or not-for-profit type including but not limited to
educational, theatrical, recreational and entertainment,
sports facilities, racetracks, stadiums, convention centers,
exhibition halls, arenas, opera houses and theaters,
waterfront improvements, swimming pools, boat storage,
moorage, docking facilities, restaurants, velodromes,
coliseums, sports training facilities, parking facilities,
terminals, hotels and motels, gymnasiums, medical facilities
and port facilities.
(k) "Project" means an industrial, housing, residential,
commercial or service project or any combination thereof
provided that all uses shall fall within one of the categories
described above. Any project, of any nature whatsoever, shall
automatically include all site improvements and new
construction involving sidewalks, sewers, solid waste and
wastewater treatment and disposal sites and other pollution
control facilities, resource or waste reduction, recovery,
treatment and disposal facilities, parks, open spaces,
wildlife sanctuaries, streets, highways and runways.
(l) "Lease agreement" shall mean an agreement whereby a
project acquired by the Authority by purchase, gift or lease
is leased to any person or corporation which will use or cause
the project to be used as a project as heretofore defined upon
terms providing for lease rental payments at least sufficient
to pay when due all principal of and interest and premium, if
any, on any bonds, notes or other evidences of indebtedness of
the Authority issued with respect to such project, providing
for the maintenance, insurance and operation of the project on
terms satisfactory to the Authority and providing for
disposition of the project upon termination of the lease term,
including purchase options or abandonment of the premises,
with such other terms as may be deemed desirable by the
Authority.
(m) "Loan agreement" means any agreement pursuant to which
the Authority agrees to loan the proceeds of its bonds, notes
or other evidences of indebtedness issued with respect to a
project to any person or corporation which will use or cause
the project to be used as a project as heretofore defined upon
terms providing for loan repayment installments at least
sufficient to pay when due all principal of and interest and
premium, if any, on any bonds, notes or other evidences of
indebtedness of the Authority issued with respect to the
project, providing for maintenance, insurance and operation of
the project on terms satisfactory to the Authority and
providing for other matters as may be deemed advisable by the
Authority.
(n) "Financial aid" means the expenditure of Authority
funds or funds provided by the Authority through the issuance
of its revenue bonds, notes or other evidences of indebtedness
for the development, construction, acquisition or improvement
of a project.
(o) "Costs incurred in connection with the development,
construction, acquisition or improvement of a project" means
the following: the cost of purchase and construction of all
lands and improvements in connection therewith and equipment
and other property, rights, easements and franchises acquired
which are deemed necessary for such construction; financing
charges; interest costs with respect to bonds, notes and other
evidences of indebtedness of the Authority prior to and during
construction and for a period of 6 months thereafter;
engineering and legal expenses; the costs of plans,
specifications, surveys and estimates of costs and other
expenses necessary or incident to determining the feasibility
or practicability of any project, together with such other
expenses as may be necessary or incident to the financing,
insuring, acquisition and construction of a specific project
and the placing of the same in operation.
(p) "Terminal" means a public place, station or depot for
receiving and delivering passengers, baggage, mail, freight or
express matter and any combination thereof in connection with
the transportation of persons and property on water or land or
in the air.
(q) "Terminal facilities" means all land, buildings,
structures, improvements, equipment and appliances useful in
the operation of public warehouse, storage and transportation
facilities and industrial, manufacturing or commercial
activities for the accommodation of or in connection with
commerce by water or land or in the air or useful as an aid, or
constituting an advantage or convenience to, the safe landing,
taking off and navigation of aircraft or the safe and
efficient operation or maintenance of a public airport.
(r) "Port facilities" means all public structures, except
terminal facilities as defined herein, that are in, over,
under or adjacent to navigable waters and are necessary for or
incident to the furtherance of water commerce and includes the
widening and deepening of slips, harbors and navigable waters.
(s) "Airport" means any locality, either land or water,
which is used or designed for the landing and taking off of
aircraft or for the location of runways, landing fields,
aerodromes, hangars, buildings, structures, airport roadways
and other facilities.
(Source: P.A. 86-1489.)
(70 ILCS 525/2004) (from Ch. 85, par. 7504)
Sec. 2004. Establishment.
(a) There is hereby created a political subdivision, body
politic and municipal corporation named the Tri-County River
Valley Development Authority. The territorial jurisdiction of
the Authority is that geographic area within the boundaries of
McLean, Peoria, Tazewell, and Woodford counties in the State
of Illinois and any navigable waters and air space located
therein.
(b) The governing and administrative powers of the
Authority shall be vested in a body consisting of 13 11 members
including, as ex officio members, the Director of Commerce and
Economic Opportunity, or his or her designee, and the Director
of Natural Resources, or that Director's designee. The other
11 9 members of the Authority shall be designated "public
members", 3 of whom shall be appointed by the Governor, 3 of
whom shall be appointed one each by the county board chairmen
of Peoria, Tazewell and Woodford counties and 5 3 of whom shall
be appointed one each by the city councils of Bloomington,
East Peoria, Normal, Pekin, and Peoria. All public members
shall reside within the territorial jurisdiction of this Act.
Seven Six members shall constitute a quorum, and the Board may
not meet or take any action without a quorum present. 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, small
business management, real estate development, community
development, venture finance, organized labor or civic,
community or neighborhood organization. The Chairman of the
Authority shall be elected by the Board annually from the 8 6
members appointed by the county board chairmen and city
councils.
(c) The terms of all members of the Authority shall begin
30 days after the effective date of this Article. Of the 9
public members appointed pursuant to this Act, 3 shall serve
until the third Monday in January 1992, 3 shall serve until the
third Monday in January 1993, and 3 shall serve until the third
Monday in January 1994. All successors shall be appointed by
the original appointing authority and hold office for a term
of 3 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. The initial member appointed by
the city council of Bloomington shall serve until the third
Monday in January 2025. The initial member appointed by the
city council of Normal shall serve until the third Monday in
January 2026. Vacancies occurring among the public members
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 such office, and any person so nominated who
is confirmed by the Senate shall hold office during the
remainder of the term and until a successor shall be appointed
and qualified. Members of the Authority shall not be entitled
to 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.
(d) The Governor may remove any public member of the
Authority in case of incompetency, neglect of duty, or
malfeasance in office.
(e) 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 members and shall receive
compensation fixed by the Authority. The Executive Director
shall attend all meetings of the Authority; however, no action
of the Authority shall be invalid on account of the absence of
the Executive Director from a meeting. The Authority may
engage the services of such other agents and employees,
including attorneys, appraisers, engineers, accountants,
credit analysts and other consultants, as it may deem
advisable and may prescribe their duties and fix their
compensation.
(f) The Board may, by majority vote, nominate up to 4
non-voting members for appointment by the Governor. Non-voting
members shall be persons of 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 or civic, community or
neighborhood organization. Non-voting members shall serve at
the pleasure of the Board. All non-voting members may attend
meetings of the Board and may be reimbursed as provided in
subsection (c).
(g) The Board shall create a task force to study and make
recommendations to the Board on the economic development of
the territory within the jurisdiction of this Act. The members
of the task force shall reside within the territorial
jurisdiction of this Article, shall serve at the pleasure of
the Board and shall be persons of 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 or civic,
community or neighborhood organization. The number of members
constituting the task force shall be set by the Board and may
vary from time to time. The Board may set a specific date by
which the task force is to submit its final report and
recommendations to the Board.
(Source: P.A. 94-793, eff. 5-19-06.)
(70 ILCS 525/2005.1 new)
Sec. 2005.1. Requests for assistance; disclosure of
economic interests.
(a) The Authority may not hear a request for assistance
from a restricted person. This prohibition extends to business
relationships between a person who is an Authority leader
within one year prior to the request for assistance and to any
entity in which a restricted person holds or, within the past 2
years, held an ownership interest of 10% or more.
(b) An Authority leader shall disclose and recuse himself
or herself from matters relating to requests for assistance
from an entity that is relocating full-time employees from
another Authority's counties if (i) both Authorities contract
with or employ the same Authority leader or (ii) there is or,
within the past 2 years of the request, there was a business
relationship between the Authority leaders at the 2
Authorities.
(c) The Board of the Authority shall vote to renew the
appointment of the Executive Director and other Authority
leaders on an annual basis. All contracts shall be approved on
an annual basis and use a public process to solicit
applications. This requirement does not apply to full-time
employees of the Authority unless otherwise required by
applicable State law or local ordinance.
(d) Each Authority leader shall submit a statement of
economic interest in accordance with Article 4A of the
Illinois Governmental Ethics Act. Additionally, each Authority
leader shall disclose to the Board outside sources of income
and any business relationships in economic development
consulting or lobbying. Reporting shall include the source of
income, services provided, and timeline of when services were
provided. If the source of income is a firm or organization
with multiple clients, the report shall list all of the
entities for which the individual provided services.
(70 ILCS 525/2005.2 new)
Sec. 2005.2. Open meetings; record disclosure.
(a) The Authority is subject to the Open Meetings Act and
the Freedom of Information Act. Documents subject to the
Freedom of Information Act include, but are not limited to,
expenses, payroll, origination bonuses, and other financial
details of the Authority.
(b) A contract or agreement entered into by the Authority
must be posted on the Authority's website. The Authority shall
provide a detailed report of the Authority's financial
information on the Authority's website, including, but not
limited to, a statement of profits and losses, balance sheet,
and income statement of the Authority.
(70 ILCS 525/2008) (from Ch. 85, par. 7508)
Sec. 2008. Acquisition.
(a) The Authority may, but need not, acquire title to any
project with respect to which it exercises its authority.
(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
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 such source.
(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 such
purpose the proceeds derived from its sale of revenue bonds,
notes or other evidences of indebtedness or governmental loans
or grants and to hold title in the name of the Authority to
such projects.
(d) The Authority shall have the power to enter into
intergovernmental agreements with the State of Illinois, the
counties of McLean, Peoria, Tazewell, or Woodford, the
Illinois Finance Authority, the Illinois Housing Development
Authority, the Metropolitan Pier and Exposition Authority, the
United States government and any agency or instrumentality of
the United 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.
(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
or personnel of any unit of local government.
(f) The Authority shall have the power to exercise powers
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
Illinois Municipal Code.
(Source: P.A. 93-205, eff. 1-1-04.)
(70 ILCS 525/2013) (from Ch. 85, par. 7513)
Sec. 2013. Reports; commitment notice. The Authority shall
annually submit a report of its finances to the Auditor
General. The Authority shall annually submit a report of its
activities to the Governor and General Assembly.
The Authority shall provide notice to the General
Assembly, the Department of Commerce and Economic Opportunity,
and the Governor once the Authority enters into a commitment
to support the financing of a project. The notice to the
General Assembly shall be filed with the Clerk of the House of
Representatives and the Secretary of the Senate, in electronic
form only, in the manner that the Clerk and the Secretary shall
direct.
(Source: P.A. 86-1489.)
Section 60. The Upper Illinois River Valley Development
Authority Act is amended by changing Sections 3, 4, and 14 and
by adding Sections 5.1 and 5.2 as follows:
(70 ILCS 530/3) (from Ch. 85, par. 7153)
Sec. 3. Definitions. The following terms, whenever used or
referred to in this Act, shall have the following meanings,
except in such instances where the context may clearly
indicate otherwise:
(a) "Authority" means the Upper Illinois River Valley
Development Authority created by this Act.
(a-5) "Authority leader" means the Executive Director,
Assistant Executive Director, or any other person serving in a
management, administrative, or leadership role at the
Authority.
(b) "Governmental agency" means any federal, State or
local governmental body, and any agency or instrumentality
thereof, corporate or otherwise.
(c) "Person" means any natural person, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock association and includes any trustee, receiver,
assignee or personal representative thereof.
(c-5) "Restricted person" means a person who has a
familial or business relationship with an Authority leader.
(d) "Revenue bond" means any bond issued by the Authority
the principal and interest of which is payable solely from
revenues or income derived from any project or activity of the
Authority.
(e) "Board" means the Upper Illinois River Valley
Development Authority Board of Directors.
(f) "Governor" means the Governor of the State of
Illinois.
(g) "City" means any city, village, incorporated town or
township within the geographical territory of the Authority.
(h) "Industrial project" means (1) a capital project,
including one or more buildings and other structures,
improvements, machinery and equipment whether or not on the
same site or sites now existing or hereafter acquired,
suitable for use by any manufacturing, industrial, research,
transportation or commercial enterprise including but not
limited to use as a factory, mill, processing plant, assembly
plant, packaging plant, fabricating plant, office building,
industrial distribution center, warehouse, repair, overhaul or
service facility, freight terminal, research facility, test
facility, railroad facility, solid waste and wastewater
treatment and disposal sites and other pollution control
facilities, resource or waste reduction, recovery, treatment
and disposal facilities, and including also the sites thereof
and other rights in land therefor whether improved or
unimproved, site preparation and landscaping and all
appurtenances and facilities incidental thereto such as
utilities, access roads, railroad sidings, truck docking and
similar facilities, parking facilities, dockage, wharfage,
railroad roadbed, track, trestle, depot, terminal, switching
and signaling equipment or related equipment and other
improvements necessary or convenient thereto; or (2) any land,
buildings, machinery or equipment comprising an addition to or
renovation, rehabilitation or improvement of any existing
capital project.
(i) "Housing project" or "residential project" includes a
specific work or improvement undertaken to provide dwelling
accommodations, including the acquisition, construction or
rehabilitation of lands, buildings and community facilities
and in connection therewith to provide nonhousing facilities
which are an integral part of a planned large-scale project or
new community.
(j) "Commercial project" means any project, including but
not limited to one or more buildings and other structures,
improvements, machinery and equipment whether or not on the
same site or sites now existing or hereafter acquired,
suitable for use by any retail or wholesale concern,
distributorship or agency, any cultural facilities of a
for-profit or not-for-profit type including but not limited to
educational, theatrical, recreational and entertainment,
sports facilities, racetracks, stadiums, convention centers,
exhibition halls, arenas, opera houses and theaters,
waterfront improvements, swimming pools, boat storage,
moorage, docking facilities, restaurants, velodromes,
coliseums, sports training facilities, parking facilities,
terminals, hotels and motels, gymnasiums, medical facilities
and port facilities.
(k) "Project" means an industrial, housing, residential,
commercial or service project or any combination thereof
provided that all uses shall fall within one of the categories
described above. Any project, of any nature whatsoever, shall
automatically include all site improvements and new
construction involving sidewalks, sewers, solid waste and
wastewater treatment and disposal sites and other pollution
control facilities, resource or waste reduction, recovery,
treatment and disposal facilities, parks, open spaces,
wildlife sanctuaries, streets, highways and runways.
(l) "Lease agreement" shall mean an agreement whereby a
project acquired by the Authority by purchase, gift or lease
is leased to any person or corporation which will use or cause
the project to be used as a project as heretofore defined upon
terms providing for lease rental payments at least sufficient
to pay when due all principal of and interest and premium, if
any, on any bonds, notes or other evidences of indebtedness of
the Authority issued with respect to such project, providing
for the maintenance, insurance and operation of the project on
terms satisfactory to the Authority and providing for
disposition of the project upon termination of the lease term,
including purchase options or abandonment of the premises,
with such other terms as may be deemed desirable by the
Authority.
(m) "Loan agreement" means any agreement pursuant to which
the Authority agrees to loan the proceeds of its bonds, notes
or other evidences of indebtedness issued with respect to a
project to any person or corporation which will use or cause
the project to be used as a project as heretofore defined upon
terms providing for loan repayment installments at least
sufficient to pay when due all principal of and interest and
premium, if any, on any bonds, notes or other evidences of
indebtedness of the Authority issued with respect to the
project, providing for maintenance, insurance and operation of
the project on terms satisfactory to the Authority and
providing for other matters as may be deemed advisable by the
Authority.
(n) "Financial aid" means the expenditure of Authority
funds or funds provided by the Authority through the issuance
of its revenue bonds, notes or other evidences of indebtedness
for the development, construction, acquisition or improvement
of a project.
(o) "Costs incurred in connection with the development,
construction, acquisition or improvement of a project" means
the following: the cost of purchase and construction of all
lands and improvements in connection therewith and equipment
and other property, rights, easements and franchises acquired
which are deemed necessary for such construction; financing
charges; interest costs with respect to bonds, notes and other
evidences of indebtedness of the Authority prior to and during
construction and for a period of 6 months thereafter;
engineering and legal expenses; the costs of plans,
specifications, surveys and estimates of costs and other
expenses necessary or incident to determining the feasibility
or practicability of any project, together with such other
expenses as may be necessary or incident to the financing,
insuring, acquisition and construction of a specific project
and the placing of the same in operation.
(p) "Terminal" means a public place, station or depot for
receiving and delivering passengers, baggage, mail, freight or
express matter and any combination thereof in connection with
the transportation of persons and property on water or land or
in the air.
(q) "Terminal facilities" means all land, buildings,
structures, improvements, equipment and appliances useful in
the operation of public warehouse, storage and transportation
facilities and industrial, manufacturing or commercial
activities for the accommodation of or in connection with
commerce by water or land or in the air or useful as an aid, or
constituting an advantage or convenience to, the safe landing,
taking off and navigation of aircraft or the safe and
efficient operation or maintenance of a public airport.
(r) "Port facilities" means all public structures, except
terminal facilities as defined herein, that are in, over,
under or adjacent to navigable waters and are necessary for or
incident to the furtherance of water commerce and includes the
widening and deepening of slips, harbors and navigable waters.
(s) "Airport" means any locality, either land or water,
which is used or designed for the landing and taking off of
aircraft or for the location of runways, landing fields,
aerodromes, hangars, buildings, structures, airport roadways
and other facilities.
(Source: P.A. 86-1024.)
(70 ILCS 530/4) (from Ch. 85, par. 7154)
Sec. 4. Establishment.
(a) There is hereby created a political subdivision, body
politic and municipal corporation named the Upper Illinois
River Valley Development Authority. The territorial
jurisdiction of the Authority is that geographic area within
the boundaries of Grundy, LaSalle, Bureau, Putnam, Kendall,
Kane, Lake, McHenry, and Marshall counties in the State of
Illinois and any navigable waters and air space located
therein.
(b) The governing and administrative powers of the
Authority shall be vested in a body consisting of 21 members
including, as ex officio members, the Director of Commerce and
Economic Opportunity, or his or her designee, and the Director
of the Department of Central Management Services, or his or
her designee. The other 19 members of the Authority shall be
designated "public members", 10 of whom shall be appointed by
the Governor with the advice and consent of the Senate and 9 of
whom shall be appointed one each by the county board chairmen
of Grundy, LaSalle, Bureau, Putnam, Kendall, Kane, Lake,
McHenry, and Marshall counties. All public members shall
reside within the territorial jurisdiction of this Act. Eleven
members shall constitute a quorum, and the Board may not meet
or take any action without a quorum present. 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, small business
management, real estate development, community development,
venture finance, organized labor or civic, community or
neighborhood organization. The Chairman of the Authority shall
be elected by the Board annually from the 9 members appointed
by the county board chairmen.
(c) The terms of all initial members of the Authority
shall begin 30 days after the effective date of this Act. Of
the 14 public members appointed pursuant to this Act, 4
appointed by the Governor shall serve until the third Monday
in January, 1992, 4 appointed by the Governor shall serve
until the third Monday in January, 1993, one appointed by the
Governor shall serve until the third Monday in January, 1994,
one appointed by the Governor shall serve until the third
Monday in January 1999, the member appointed by the county
board chairman of LaSalle County shall serve until the third
Monday in January, 1992, the members appointed by the county
board chairmen of Grundy County, Bureau County, Putnam County,
and Marshall County shall serve until the third Monday in
January, 1994, and the member appointed by the county board
chairman of Kendall County shall serve until the third Monday
in January, 1999. The initial members appointed by the
chairmen of the county boards of Kane and McHenry counties
shall serve until the third Monday in January, 2003. The
initial members appointed by the chairman of the county board
of Lake County shall serve until the third Monday in January,
2018. All successors shall be appointed by the original
appointing authority and hold office for a term of 3 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 occurring among the public members 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 such office, and any person so nominated who is
confirmed by the Senate shall hold office during the remainder
of the term and until a successor shall be appointed and
qualified. Members of the Authority shall not be entitled to
compensation for their services as members but shall be
entitled to reimbursement for all necessary expenses incurred
in connection with the performance of their duties as members.
(d) The Governor may remove any public member of the
Authority in case of incompetency, neglect of duty, or
malfeasance in office.
(e) 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
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 members and shall receive
compensation fixed by the Authority. The Executive Director
shall attend all meetings of the Authority; however, no action
of the Authority shall be invalid on account of the absence of
the Executive Director from a meeting. The Authority may
engage the services of such other agents and employees,
including attorneys, appraisers, engineers, accountants,
credit analysts and other consultants, as it may deem
advisable and may prescribe their duties and fix their
compensation.
(f) The Board may, by majority vote, nominate up to 4
non-voting members for appointment by the Governor. Non-voting
members shall be persons of 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 or civic, community or
neighborhood organization. Non-voting members shall serve at
the pleasure of the Board. All non-voting members may attend
meetings of the Board and shall be reimbursed as provided in
subsection (c).
(g) The Board shall create a task force to study and make
recommendations to the Board on the economic development of
the territory within the jurisdiction of this Act. The members
of the task force shall reside within the territorial
jurisdiction of this Act, shall serve at the pleasure of the
Board and shall be persons of 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 or civic,
community or neighborhood organization. The number of members
constituting the task force shall be set by the Board and may
vary from time to time. The Board may set a specific date by
which the task force is to submit its final report and
recommendations to the Board.
(Source: P.A. 99-499, eff. 1-29-16.)
(70 ILCS 530/5.1 new)
Sec. 5.1. Requests for assistance; disclosure of economic
interests.
(a) The Authority may not hear a request for assistance
from a restricted person. This prohibition extends to business
relationships between a person who is an Authority leader
within one year prior to the request for assistance and to any
entity in which a restricted person holds or, within the past 2
years, held an ownership interest of 10% or more.
(b) An Authority leader shall disclose and recuse himself
or herself from matters relating to requests for assistance
from an entity that is relocating full-time employees from
another Authority's counties if (i) both Authorities contract
with or employ the same Authority leader or (ii) there is or,
within the past 2 years of the request, there was a business
relationship between the Authority leaders at the 2
Authorities.
(c) The Board of the Authority shall vote to renew the
appointment of the Executive Director and other Authority
leaders on an annual basis. All contracts shall be approved on
an annual basis and use a public process to solicit
applications. This requirement does not apply to full-time
employees of the Authority unless otherwise required by
applicable State law or local ordinance.
(d) Each Authority leader shall submit a statement of
economic interest in accordance with Article 4A of the
Illinois Governmental Ethics Act. Additionally, each Authority
leader shall disclose to the Board outside sources of income
and any business relationships in economic development
consulting or lobbying. Reporting shall include the source of
income, services provided, and timeline of when services were
provided. If the source of income is a firm or organization
with multiple clients, the report shall list all of the
entities for which the individual provided services.
(70 ILCS 530/5.2 new)
Sec. 5.2. Open meetings; record disclosure.
(a) The Authority is subject to the Open Meetings Act and
the Freedom of Information Act. Documents subject to the
Freedom of Information Act include, but are not limited to,
expenses, payroll, origination bonuses, and other financial
details of the Authority.
(b) A contract or agreement entered into by the Authority
must be posted on the Authority's website. The Authority shall
provide a detailed report of the Authority's financial
information on the Authority's website, including, but not
limited to, a statement of profits and losses, balance sheet,
and income statement of the Authority.
(70 ILCS 530/14) (from Ch. 85, par. 7164)
Sec. 14. Reports; commitment notice. The Authority shall
annually submit a report of its finances to the Auditor
General. The Authority shall annually submit a report of its
activities to the Governor and General Assembly.
The Authority shall provide notice to the General
Assembly, the Department of Commerce and Economic Opportunity,
and the Governor once the Authority enters into a commitment
to support the financing of a project. The notice to the
General Assembly shall be filed with the Clerk of the House of
Representatives and the Secretary of the Senate, in electronic
form only, in the manner that the Clerk and the Secretary shall
direct.
(Source: P.A. 86-1024.)
Section 65. The Illinois Urban Development Authority Act
is amended by changing Sections 3, 4, 5, and 6 as follows:
(70 ILCS 531/3)
Sec. 3. Definitions. The following terms, whenever used or
referred to in this Act, shall have the following meanings,
except in such instances where the context may clearly
indicate otherwise:
"Authority" means the Illinois Urban Development Authority
created by this Act.
"Authority leader" means the Executive Director, Assistant
Executive Director, or any other person serving in a
management, administrative, or leadership role at the
Authority.
"Board" means the Illinois Urban Development Authority
Board of Directors.
"Bonds" shall include bonds, notes, or other evidence of
indebtedness.
"Commercial project" means any project, including but not
limited to one or more buildings and other structures,
improvements, machinery, and equipment whether or not on the
same site or sites now existing or hereafter acquired,
suitable for use by any retail or wholesale concern,
distributorship, or agency, any cultural facilities of a
for-profit or not-for-profit type including but not limited to
educational, theatrical, recreational and entertainment,
sports facilities, racetracks, stadiums, convention centers,
exhibition halls, arenas, opera houses and theaters,
waterfront improvements, swimming pools, boat storage,
moorage, docking facilities, restaurants, coliseums, sports
training facilities, parking facilities, terminals, hotels and
motels, gymnasiums, medical facilities, and port facilities.
"Costs incurred in connection with the development,
construction, acquisition, or improvement of a project" means
the cost of purchase and construction of all lands and
improvements in connection with a project and equipment and
other property, rights, easements, and franchises acquired
that are deemed necessary for such construction; financing
charges; interest costs with respect to bonds, notes, and
other evidences of indebtedness of the Authority prior to and
during construction and for a period of 6 months thereafter;
engineering and legal expenses; the costs of plans,
specifications, surveys, and estimates of costs and other
expenses necessary or incident to determining the feasibility
or practicability of any project, together with such other
expenses as may be necessary or incident to the financing,
insuring, acquisition, and construction of a specific project
and the placing of the same in operation.
"Develop" or "development" means to do one or more of the
following: plan, design, develop, lease, acquire, install,
construct, reconstruct, rehabilitate, extend, or expand.
"Financial aid" means the expenditure of Authority funds
or funds provided by the Authority through the issuance of its
revenue bonds, notes, or other evidences of indebtedness for
the development, construction, acquisition, or improvement of
a project.
"Governmental agency" means any federal, State or local
governmental body, and any agency or instrumentality thereof,
corporate or otherwise.
"Governor" means the Governor of the State of Illinois.
"Housing project" or "residential project" includes a
specific work or improvement undertaken to provide dwelling
accommodations, including the acquisition, construction,
leasing, or rehabilitation of lands, buildings, and community
facilities and in connection therewith to provide nonhousing
facilities which are an integral part of a planned large-scale
project or new community.
"Industrial project" means (1) a capital project,
including one or more buildings and other structures,
improvements, machinery, and equipment whether or not on the
same site or sites now existing or hereafter acquired,
suitable for use by any manufacturing, industrial, research,
transportation, or commercial enterprise including but not
limited to use as a factory, mill, processing plant, assembly
plant, packaging plant, fabricating plant, office building,
industrial distribution center, warehouse, repair, overhaul or
service facility, freight terminal, research facility, test
facility, railroad facility, solid waste and wastewater
treatment and disposal sites and other pollution control
facilities, resource or waste reduction, recovery, treatment
and disposal facilities, and including also the sites thereof
and other rights in land therefor whether improved or
unimproved, site preparation and landscaping and all
appurtenances and facilities incidental thereto such as
utilities, access roads, railroad sidings, truck docking and
similar facilities, parking facilities, dockage, wharfage,
railroad roadbed, track, trestle, depot, terminal, switching,
and signaling equipment or related equipment and other
improvements necessary or convenient thereto; or (2) any land,
buildings, machinery or equipment comprising an addition to or
renovation, rehabilitation or improvement of any existing
capital project.
"Lease agreement" means an agreement whereby a project
acquired by the Authority by purchase, gift, or lease is
leased to any person or corporation that will use or cause the
project to be used as a project as defined in this Act upon
terms providing for lease rental payments at least sufficient
to pay when due all principal of and interest and premium, if
any, on any bonds, notes or other evidences of indebtedness of
the Authority issued with respect to such project, providing
for the maintenance, insurance, and operation of the project
on terms satisfactory to the Authority, and providing for
disposition of the project upon termination of the lease term,
including purchase options or abandonment of the premises,
with such other terms as may be deemed desirable by the
Authority. The Authority may, directly or indirectly, lease or
otherwise transfer property the Authority owns to another and
such leased property shall remain tax exempt.
"Loan agreement" means any agreement pursuant to which the
Authority agrees to loan the proceeds of its bonds, notes, or
other evidences of indebtedness issued with respect to a
project to any person or corporation that will use or cause the
project to be used as a project as defined in this Act upon
terms providing for loan repayment installments at least
sufficient to pay when due all principal and interest and
premium, if any, on any bonds, notes, or other evidences of
indebtedness of the Authority issued with respect to the
project, providing for maintenance, insurance, and operation
of the project on terms satisfactory to the Authority and
providing for other matters as may be deemed advisable by the
Authority.
"Maintain" or "maintenance" includes ordinary maintenance,
repair, rehabilitation, capital maintenance, maintenance
replacement, and any other categories of maintenance that may
be designated by the local, regional, or State transportation
agency.
"Municipal poverty rate" is the percentage of total
population of the municipality having income levels below the
poverty level as determined by the Authority based upon the
most recent data released by the United States Census Bureau
before the beginning of such calendar year.
"Occupational license" means a license issued by the
Illinois Gaming Board to a person or entity to perform an
occupation which the Illinois Gaming Board has identified as
requiring a license to engage in riverboat, dockside, or
land-based gambling in Illinois.
"Operate" or "operation" means to do one or more of the
following: maintain, improve, equip, modify, or otherwise
operate.
"Person" means any natural person, firm, partnership,
corporation, both domestic and foreign, company, association,
or joint stock association and includes any trustee, receiver,
assignee, or personal representative thereof.
"Project" means an industrial, housing, residential,
commercial, transportation, or service project, or any
combination thereof, provided that all uses shall fall within
one of those categories. Any project, of any nature
whatsoever, shall automatically include all site improvements
and new construction involving sidewalks, sewers, solid waste
and wastewater treatment and disposal sites and other
pollution control facilities, resource or waste reduction,
recovery, treatment and disposal facilities, parks, open
spaces, wildlife sanctuaries, streets, highways, and runways.
"Restricted person" means a person who has a familial or
business relationship with an Authority leader.
"Revenue bond" means any bond issued by the Authority
under the supervision of the Illinois Finance Authority, the
principal and interest of which are payable solely from
revenues or income derived from any project or activity of the
Authority.
"Transportation facility" means any new or existing road,
highway, toll highway, bridge, tunnel, intermodal facility,
intercity or high-speed passenger rail, or other
transportation facility or infrastructure, excluding airports.
The term "transportation facility" may refer to one or more
transportation facilities that are proposed to be developed or
operated as part of a single transportation project.
"Transportation project" means one or more transportation
improvement projects including, but not limited to, new or
existing roads or highways, new or expanded intermodal
projects, and new or expanded transit projects,
transit-oriented development, intercity rail, and passenger
rail. "Transportation project" does not include airport
projects.
(Source: P.A. 98-384, eff. 8-16-13.)
(70 ILCS 531/4)
Sec. 4. Illinois Urban Development Authority. There is
hereby created a political subdivision, body politic and
corporate by the name of Illinois Urban Development Authority.
The exercise by the Authority of the powers conferred by law
shall be an essential public function. The governing powers of
the Authority shall be vested in a body consisting of 11
members appointed as follows: one member appointed by the
Mayor of the City of Chicago that has expertise, skill, and
experience in economic development; one member appointed by
the President of the Cook County Board that has expertise,
skill, and experience in economic development; 4 members
appointed by the Governor who are residents of a municipality,
other than a municipality with a population greater than
1,000,000, whose municipal poverty rate is greater than 3% in
excess of the statewide average; 2 members appointed by the
Governor that have an expertise, skill, and experience in
labor relations; and 3 members appointed by the Governor that
have an expertise, skill, and experience operating a business
that is certified by the State of Illinois as a Disadvantaged
Business Enterprise, Minority Business Enterprise, or Women
Business Enterprise.
Six members shall constitute a quorum. However, when a
quorum of members of the Authority is physically present at
the meeting site, other Authority members may participate in
and act at any meeting through the use of a conference
telephone or other communications equipment by means of which
all persons participating in the meeting can hear each other.
Participation in such meeting shall constitute attendance and
presence in person at the meeting of the person or persons so
participating. The Chairman of the Authority shall be elected
by the Authority. All board members shall be persons of
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,
construction, and labor relations. The Board may not meet or
take any action unless the quorum of 6 members are physically
present, are present by phone, or are otherwise present as
required by this paragraph.
The terms of all members of the Authority shall begin 30
days after the effective date of this Act. Of the 11 members
first appointed pursuant to this Act, 4 shall serve until the
third Monday in January 2011, 4 shall serve until the third
Monday in January 2012, and 3 shall serve until the third
Monday in January 2013. All board members shall 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. In case of vacancy in the office
when the Senate is not in session, the Governor may make a
temporary appointment until the next meeting of the Senate
when he shall nominate such person to fill such office, and any
person so nominated who is confirmed by the Senate, shall hold
his office during the remainder of the term and until his
successor shall be appointed and qualified. If the Senate is
not in session, the Governor may make temporary appointments
in the case of vacancies.
Members of the Authority shall not be entitled to
compensation for their services as members but shall be
entitled to reimbursement for all necessary expenses incurred
in connection with the performance of their duties as members.
The Governor may remove any member of the Authority in case of
incompetency, neglect of duty, or malfeasance in office, after
service on the member of a copy of the written charges against
the member and an opportunity to be publicly heard in person or
by counsel in the his or her defense upon not less than 10
days' notice.
The members of the Authority shall appoint an Executive
Director, who must be a person knowledgeable in the areas of
financial markets and instruments and the financing of
business enterprises, to hold office at the pleasure of the
members. The Executive Director shall be the chief
administrative and operational officer of the Authority and
shall direct and supervise its administrative affairs and
general management and perform such other duties as may be
prescribed from time to time by the members and shall receive
compensation fixed by the Authority. The Executive Director or
any committee of the members may carry out any
responsibilities of the members as the members by resolution
may delegate. The Executive Director shall attend all meetings
of the Authority; however, no action of the Authority shall be
invalid on account of the absence of the Executive Director
from a meeting. The Authority may engage the services of such
other agents and employees, including attorneys, appraisers,
engineers, accountants, credit analysts, and other
consultants, as it may deem advisable and may prescribe their
duties and fix their compensation.
The Authority shall determine the municipal poverty rate
and the statewide average municipal poverty rate annually by
using the most recent data released by the United States
Census Bureau before the beginning of each calendar year. The
Authority shall have the sole and exclusive authority to
determine the municipal poverty rate and the statewide average
municipal poverty rate and to determine whether a
municipality's poverty rate is greater than 3% in excess of
the statewide average so long as the determination is based on
the most recent data released by the United States Census
Bureau.
(Source: P.A. 96-234, eff. 1-1-10.)
(70 ILCS 531/5)
Sec. 5. Conflicts of interest; requests for assistance;
disclosure of economic interests.
(a) No member of the Authority or officer, agent, or
employee thereof shall, in the member's own name or in the name
of a nominee, be an officer, director, or hold an ownership
interest in any person, association, trust, corporation,
partnership, or other entity which is, in its own name or in
the name of a nominee, a party to a contract or agreement upon
which the member or officer, agent or employee may be called
upon to act or vote.
(b) With respect to any direct or any indirect interest,
other than an interest prohibited in subsection (a), in a
contract or agreement upon which the member or officer, agent
or employee may be called upon to act or vote, a member of the
Authority or officer, agent, or employee thereof must disclose
the interest to the secretary of the Authority prior to the
taking of final action by the Authority concerning the
contract or agreement and shall disclose the nature and extent
of the interest and his or her acquisition thereof, which
shall be publicly acknowledged by the Authority and entered
upon the minutes of the Authority. If a member of the Authority
or officer, agent, or employee thereof holds such an interest
then the member shall refrain from any further official
involvement in regard to the contract or agreement, from
voting on any matter pertaining to the contract or agreement,
and from communicating with other members of the Authority or
its officers, agents, and employees concerning the contract or
agreement. Notwithstanding any other provision of law, any
contract or agreement entered into in conformity with this
subsection shall not be void or invalid by reason of the
interest described in this subsection, nor shall any person
disclosing an interest and refraining from further official
involvement as provided in this subsection be guilty of an
offense, be removed from office, or be subject to any other
penalty on account of the interest.
(c) Any contract or agreement made in violation of
subsections (a) or (b) shall be null and void, whether or not
the contract performance has been authorized, and shall give
rise to no action against the Authority. No real estate to
which a member or employee of the Authority holds legal title
or in which a member or employee of the Authority has any
beneficial interest, including any interest in a land trust,
shall be purchased by the Authority or by a nonprofit
corporation or limited-profit entity for a development to be
financed under this Act.
All members and employees of the Authority shall file
annually with the Authority a record of all real estate in this
State to which the member or employee holds legal title or in
which the member or employee has any beneficial interest,
including any interest in a land trust. In the event it is
later disclosed that the Authority has purchased real estate
in which a member or employee had an interest, that purchase
shall be voidable by the Authority and the member or employee
involved shall be disqualified from membership in or
employment by the Authority.
(d) The Authority may not hear a request for assistance
from a restricted person. This prohibition extends to business
relationships between a person who is an Authority leader
within one year prior to the request for assistance and to any
entity in which a restricted person holds or, within the past 2
years, held an ownership interest of 10% or more.
(e) An Authority leader shall disclose and recuse himself
or herself from matters relating to requests for assistance
from an entity that is relocating full-time employees from
another Authority's counties if (i) both Authorities contract
with or employ the same Authority leader or (ii) there is or,
within the past 2 years of the request, there was a business
relationship between the Authority leaders at the 2
Authorities.
(f) The Board of the Authority shall vote to renew the
appointment of the Executive Director and other Authority
leaders on an annual basis. All contracts shall be approved on
an annual basis and use a public process to solicit
applications. This requirement does not apply to full-time
employees of the Authority unless otherwise required by
applicable State law or local ordinance.
(g) Each Authority leader shall submit a statement of
economic interest in accordance with Article 4A of the
Illinois Governmental Ethics Act. Additionally, each Authority
leader shall disclose to the Board outside sources of income
and any business relationships in economic development
consulting or lobbying. Reporting shall include the source of
income, services provided, and timeline of when services were
provided. If the source of income is a firm or organization
with multiple clients, the report shall list all of the
entities for which the individual provided services.
(Source: P.A. 96-234, eff. 1-1-10.)
(70 ILCS 531/6)
Sec. 6. Records, and reports, and notices of the
Authority. The secretary shall keep a record of the
proceedings of the Authority. The treasurer of the Authority
shall be custodian of all Authority funds, and shall be bonded
in such amount as the other members of the Authority may
designate. The accounts and bonds of the Authority shall be
set up and maintained in a manner approved by the Auditor
General, and the Authority shall file with the Auditor General
a certified annual report within 120 days after the close of
its fiscal year. The Authority shall also file with the
Governor, the Secretary of the Senate, the Clerk of the House
of Representatives, and the Commission on Government
Forecasting and Accountability, by March 1 of each year, a
written report covering its activities and any activities of
any instrumentality corporation established under this Act for
the previous fiscal year. In its report to be filed by March 1,
2010, the Authority shall present an economic development
strategy for all municipalities with a municipal poverty rate
greater than 3% in excess of the statewide average, the
Authority shall make modifications in the economic development
strategy for the 4 years beginning on the next ensuing July 1,
to reflect changes in economic conditions or other factors,
including the policies of the Authority and the State of
Illinois. It shall also present an economic development
strategy for the fifth year beginning after the next ensuing
July 1. The strategy shall recommend specific legislative and
administrative action by the State, the Authority, units of
local government, or other governmental agencies. These
recommendations may include, but are not limited to, new
programs, modifications to existing programs, credit
enhancements for bonds issued by the Authority, and amendments
to this Act. When filed, the report shall be a public record
and open for inspection at the offices of the Authority during
normal business hours.
The Authority is subject to the Open Meetings Act and the
Freedom of Information Act. Documents subject to the Freedom
of Information Act include, but are not limited to, expenses,
payroll, origination bonuses, and other financial details of
the Authority.
A contract or agreement entered into by the Authority must
be posted on the Authority's website. The Authority shall
provide a detailed report of the Authority's financial
information on the Authority's website, including, but not
limited to, a statement of profits and losses, balance sheet,
and income statement of the Authority.
The Authority shall provide notice to the General
Assembly, the Department of Commerce and Economic Opportunity,
and the Governor once the Authority enters into a commitment
to support the financing of a project. The notice to the
General Assembly shall be filed with the Clerk of the House of
Representatives and the Secretary of the Senate, in electronic
form only, in the manner that the Clerk and the Secretary shall
direct.
(Source: P.A. 100-1148, eff. 12-10-18.)
Section 70. The Western Illinois Economic Development
Authority Act is amended by changing Sections 15, 20, and 75
and by adding Sections 26 and 27 as follows:
(70 ILCS 532/15)
Sec. 15. Definitions. In this Act:
"Authority" means the Western Illinois Economic
Development Authority.
"Authority leader" means the Executive Director, Assistant
Executive Director, or any other person serving in a
management, administrative, or leadership role at the
Authority.
"Governmental agency" means any federal, State, or local
governmental body and any agency or instrumentality thereof,
corporate or otherwise.
"Person" means any natural person, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock association and includes any trustee, receiver,
assignee or personal representative thereof.
"Restricted person" means a person who has a familial or
business relationship with an Authority leader.
"Revenue bond" means any bond issued by the Authority, the
principal and interest of which is payable solely from
revenues or income derived from any project or activity of the
Authority.
"Board" means the Board of Directors of the Western
Illinois Economic Development Authority.
"Governor" means the Governor of the State of Illinois.
"City" means any city, village, incorporated town, or
township within the geographical territory of the Authority.
"Industrial project" means the following:
(1) a capital project, including one or more buildings
and other structures, improvements, machinery and
equipment whether or not on the same site or sites now
existing or hereafter acquired, suitable for use by any
manufacturing, industrial, research, transportation or
commercial enterprise including but not limited to use as
a factory, mill, processing plant, assembly plant,
packaging plant, fabricating plant, ethanol plant, office
building, industrial distribution center, warehouse,
repair, overhaul or service facility, freight terminal,
research facility, test facility, railroad facility, port
facility, solid waste and wastewater treatment and
disposal sites and other pollution control facilities,
resource or waste reduction, recovery, treatment and
disposal facilities, and including also the sites thereof
and other rights in land therefore whether improved or
unimproved, site preparation and landscaping and all
appurtenances and facilities incidental thereto such as
utilities, access roads, railroad sidings, truck docking
and similar facilities, parking facilities, dockage,
wharfage, railroad roadbed, track, trestle, depot,
terminal, switching and signaling equipment or related
equipment and other improvements necessary or convenient
thereto; or
(2) any land, buildings, machinery or equipment
comprising an addition to or renovation, rehabilitation or
improvement of any existing capital project.
"Housing project" or "residential project" includes a
specific work or improvement undertaken to provide dwelling
accommodations, including the acquisition, construction or
rehabilitation of lands, buildings and community facilities
and in connection therewith to provide nonhousing facilities
which are an integral part of a planned large-scale project or
new community.
"Commercial project" means any project, including, but not
limited to, one or more buildings and other structures,
improvements, machinery, and equipment, whether or not on the
same site or sites now existing or hereafter acquired,
suitable for use by any retail or wholesale concern,
distributorship, or agency.
"Project" means an industrial, housing, residential,
commercial, or service project, or any combination thereof,
provided that all uses fall within one of the categories
described above. Any project automatically includes all site
improvements and new construction involving sidewalks, sewers,
solid waste and wastewater treatment and disposal sites and
other pollution control facilities, resource or waste
reduction, recovery, treatment and disposal facilities, parks,
open spaces, wildlife sanctuaries, streets, highways, and
runways.
"Lease agreement" means an agreement in which a project
acquired by the Authority by purchase, gift, or lease is
leased to any person or corporation that will use, or cause the
project to be used, as a project, upon terms providing for
lease rental payments at least sufficient to pay, when due,
all principal of and interest and premium, if any, on any
bonds, notes, or other evidences of indebtedness of the
Authority, issued with respect to the project, providing for
the maintenance, insurance, and operation of the project on
terms satisfactory to the Authority and providing for
disposition of the project upon termination of the lease term,
including purchase options or abandonment of the premises,
with other terms as may be deemed desirable by the Authority.
"Loan agreement" means any agreement in which the
Authority agrees to loan the proceeds of its bonds, notes, or
other evidences of indebtedness, issued with respect to a
project, to any person or corporation which will use or cause
the project to be used as a project, upon terms providing for
loan repayment installments at least sufficient to pay, when
due, all principal of and interest and premium, if any, on any
bonds, notes, or other evidences of indebtedness of the
Authority issued with respect to the project, providing for
maintenance, insurance, and operation of the project on terms
satisfactory to the Authority and providing for other terms
deemed advisable by the Authority.
"Financial aid" means the expenditure of Authority funds
or funds provided by the Authority for the development,
construction, acquisition or improvement of a project, through
the issuance of revenue bonds, notes, or other evidences of
indebtedness.
"Costs incurred in connection with the development,
construction, acquisition or improvement of a project" means
the following:
(1) the cost of purchase and construction of all lands
and improvements in connection therewith and equipment and
other property, rights, easements, and franchises acquired
which are deemed necessary for the construction;
(2) financing charges;
(3) interest costs with respect to bonds, notes, and
other evidences of indebtedness of the Authority prior to
and during construction and for a period of 6 months
thereafter;
(4) engineering and legal expenses; and
(5) the costs of plans, specifications, surveys, and
estimates of costs and other expenses necessary or
incident to determining the feasibility or practicability
of any project, together with such other expenses as may
be necessary or incident to the financing, insuring,
acquisition, and construction of a specific project and
the placing of the same in operation.
(Source: P.A. 98-750, eff. 1-1-15.)
(70 ILCS 532/20)
Sec. 20. Creation.
(a) There is created a political subdivision, body
politic, and municipal corporation named the Western Illinois
Economic Development Authority. The territorial jurisdiction
of the Authority is that geographic area within the boundaries
of the following counties: Warren, Henderson, Hancock,
McDonough, Fulton, Mason, Cass, Schuyler, Brown, Adams, Scott,
Morgan, and Pike and any navigable waters and air space
located therein.
(b) The governing and administrative powers of the
Authority shall be vested in a body consisting of 21 members as
follows:
(1) Ex officio members. The Director of Commerce and
Economic Opportunity, or a designee of that Department,
and the Director of Central Management Services, or a
designee of that Department, shall serve as ex officio
members.
(2) Public members. Six members shall be appointed by
the Governor with the advice and consent of the Senate.
The county board chairmen of the following counties shall
each appoint one member: Warren, Henderson, Hancock,
McDonough, Fulton, Mason, Cass, Schuyler, Brown, Adams,
Scott, Morgan, and Pike. All public members shall reside
within the territorial 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.
(c) 11 members shall constitute a quorum, and the Board
may not meet or take any action without a quorum present.
(d) The chairman of the Authority shall be elected
annually by the Board and must be a public member that resides
within the territorial jurisdiction of the Authority.
(e) The terms of all initial members of the Authority
shall begin 30 days after the effective date of this Act. Of
the 6 original public members appointed by the Governor, 2
shall serve until the third Monday in January, 2005; 1 shall
serve until the third Monday in January, 2006; 1 shall serve
until the third Monday in January, 2007; 1 shall serve until
the third Monday in January, 2008; and 1 shall serve until the
third Monday in January, 2009. The initial terms of the
original public members appointed by the county board chairmen
shall be determined by lot, according to the following
schedule: (i) 3 shall serve until the third Monday in January,
2005, (ii) 3 shall serve until the third Monday in January,
2006, (iii) 3 shall serve until the third Monday in January,
2007, (iv) 2 shall serve until the third Monday in January,
2008, and (v) 2 shall serve until the third Monday in January,
2009. All successors to these original public members shall be
appointed by the original appointing authority and all
appointments made by the Governor shall be made with the
advice and consent of the Senate, pursuant to subsection (b),
and shall hold office for a term of 6 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 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.
(f) The Governor may remove any public member of the
Authority in case of incompetence, neglect of duty, or
malfeasance in office. The chairman of a county board may
remove any public member appointed by that chairman in the
case of incompetence, neglect of duty, or malfeasance in
office.
(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
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 Department of Commerce and
Community Affairs shall pay the compensation of the Executive
Director from appropriations received for that purpose. The
Executive Director shall attend all meetings of the Authority.
However, no action of the Authority shall be 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
Western Illinois Economic Development Authority deems it
advisable.
(Source: P.A. 93-874, eff. 8-6-04.)
(70 ILCS 532/26 new)
Sec. 26. Requests for assistance; disclosure of economic
interests.
(a) The Authority may not hear a request for assistance
from a restricted person. This prohibition extends to business
relationships between a person who is an Authority leader
within one year prior to the request for assistance and to any
entity in which a restricted person holds or, within the past 2
years, held an ownership interest of 10% or more.
(b) An Authority leader shall disclose and recuse himself
or herself from matters relating to requests for assistance
from an entity that is relocating full-time employees from
another Authority's counties if (i) both Authorities contract
with or employ the same Authority leader or (ii) there is or,
within the past 2 years of the request, there was a business
relationship between the Authority leaders at the 2
Authorities.
(c) The Board of the Authority shall vote to renew the
appointment of the Executive Director and other Authority
leaders on an annual basis. All contracts shall be approved on
an annual basis and use a public process to solicit
applications. This requirement does not apply to full-time
employees of the Authority unless otherwise required by
applicable State law or local ordinance.
(d) Each Authority leader shall submit a statement of
economic interest in accordance with Article 4A of the
Illinois Governmental Ethics Act. Additionally, each Authority
leader shall disclose to the Board outside sources of income
and any business relationships in economic development
consulting or lobbying. Reporting shall include the source of
income, services provided, and timeline of when services were
provided. If the source of income is a firm or organization
with multiple clients, the report shall list all of the
entities for which the individual provided services.
(70 ILCS 532/27 new)
Sec. 27. Open meetings; record disclosure.
(a) The Authority is subject to the Open Meetings Act and
the Freedom of Information Act. Documents subject to the
Freedom of Information Act include, but are not limited to,
expenses, payroll, origination bonuses, and other financial
details of the Authority.
(b) A contract or agreement entered into by the Authority
must be posted on the Authority's website. The Authority shall
provide a detailed report of the Authority's financial
information on the Authority's website, including, but not
limited to, a statement of profits and losses, balance sheet,
and income statement of the Authority.
(70 ILCS 532/75)
Sec. 75. Reports; commitment notice. The Authority shall
annually submit a report of its finances to the Auditor
General. The Authority shall annually submit a report of its
activities to the Governor and to the General Assembly.
The Authority shall provide notice to the General
Assembly, the Department of Commerce and Economic Opportunity,
and the Governor once the Authority enters into a commitment
to support the financing of a project. The notice to the
General Assembly shall be filed with the Clerk of the House of
Representatives and the Secretary of the Senate, in electronic
form only, in the manner that the Clerk and the Secretary shall
direct.
(Source: P.A. 93-874, eff. 8-6-04.)
Section 75. The Will-Kankakee Regional Development
Authority Law is amended by changing Sections 3, 4, and 13 and
by adding Sections 5.1 and 5.2 as follows:
(70 ILCS 535/3) (from Ch. 85, par. 7453)
Sec. 3. Definitions. The following terms, whenever used or
referred to in this Act, shall have the following meanings,
except in such instances where the context may clearly
indicate otherwise:
(a) "Authority" means the Will-Kankakee Regional
Development Authority created by this Act.
(a-5) "Authority leader" means the Executive Director,
Assistant Executive Director, or any other person serving in a
management, administrative, or leadership role at the
Authority.
(b) "Governmental agency" means any federal, State or
local governmental body, and any agency or instrumentality
thereof, corporate or otherwise.
(c) "Person" means any natural person, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock association and includes any trustee, receiver,
assignee or personal representative thereof.
(c-5) "Restricted person" means a person who has a
familial or business relationship with an Authority leader.
(d) "Revenue bond" means any bond issued by the Authority
the principal and interest of which is payable solely from
revenues or income derived from any project or activity of the
Authority.
(e) "Board" means the Will-Kankakee Regional Development
Authority Board of Directors.
(f) "Governor" means the Governor of the State of
Illinois.
(g) "City" means any city, village, incorporated town or
township within the geographical territory of the Authority.
(h) "Industrial project" means (1) a capital project,
including one or more buildings and other structures,
improvements, machinery and equipment whether or not on the
same site or sites now existing or hereafter acquired,
suitable for use by any manufacturing, industrial, research,
transportation or commercial enterprise including but not
limited to use as a factory, mill, processing plant, assembly
plant, packaging plant, fabricating plant, office building,
industrial distribution center, warehouse, repair, overhaul or
service facility, freight terminal, research facility, test
facility, railroad facility, solid waste and wastewater
treatment and disposal sites and other pollution control
facilities, resource or waste reduction, recovery, treatment
and disposal facilities, and including also the sites thereof
and other rights in land therefor whether improved or
unimproved, site preparation and landscaping and all
appurtenances and facilities incidental thereto such as
utilities, access roads, railroad sidings, truck docking and
similar facilities, parking facilities, dockage, wharfage,
railroad roadbed, track, trestle, depot, terminal, switching
and signaling equipment or related equipment and other
improvements necessary or convenient thereto; or (2) any land,
buildings, machinery or equipment comprising an addition to or
renovation, rehabilitation or improvement of any existing
capital project.
(h-5) "Housing project" or "residential project" includes
a specific work or improvement undertaken to provide dwelling
accommodations, including the acquisition, construction or
rehabilitation of lands, buildings and community facilities
and in connection therewith to provide nonhousing facilities
which are an integral part of a planned large-scale project or
new community.
(i) "Commercial project" means any project, including but
not limited to one or more buildings and other structures,
improvements, machinery and equipment whether or not on the
same site or sites now existing or hereafter acquired,
suitable for use by any retail or wholesale concern,
distributorship or agency, any cultural facilities of a
for-profit or not-for-profit type including but not limited to
educational, theatrical, recreational and entertainment,
sports facilities, racetracks, stadiums, convention centers,
exhibition halls, arenas, opera houses and theaters,
waterfront improvements, swimming pools, boat storage,
moorage, docking facilities, restaurants, velodromes,
coliseums, sports training facilities, parking facilities,
terminals, hotels and motels, gymnasiums, medical facilities
and port facilities.
(j) "Project" means an industrial, commercial or service
project or any combination thereof provided that all uses
shall fall within one of the categories described above. Any
project, of any nature whatsoever, shall automatically include
all site improvements and new construction involving
sidewalks, sewers, solid waste and wastewater treatment and
disposal sites and other pollution control facilities,
resource or waste reduction, recovery, treatment and disposal
facilities, parks, open spaces, wildlife sanctuaries, streets,
highways and runways.
(k) "Lease agreement" shall mean an agreement whereby a
project acquired by the Authority by purchase, gift or lease
is leased to any person or corporation which will use or cause
the project to be used as a project as heretofore defined upon
terms providing for lease rental payments at least sufficient
to pay when due all principal of and interest and premium, if
any, on any bonds, notes or other evidences of indebtedness of
the Authority issued with respect to such project, providing
for the maintenance, insurance and operation of the project on
terms satisfactory to the Authority and providing for
disposition of the project upon termination of the lease term,
including purchase options or abandonment of the premises,
with such other terms as may be deemed desirable by the
Authority.
(l) "Loan agreement" means any agreement pursuant to which
the Authority agrees to loan the proceeds of its bonds, notes
or other evidences of indebtedness issued with respect to a
project to any person or corporation which will use or cause
the project to be used as a project as heretofore defined upon
terms providing for loan repayment installments at least
sufficient to pay when due all principal of and interest and
premium, if any, on any bonds, notes or other evidences of
indebtedness of the Authority issued with respect to the
project, providing for maintenance, insurance and operation of
the project on terms satisfactory to the Authority and
providing for other matters as may be deemed advisable by the
Authority.
(m) "Financial aid" means the expenditure of Authority
funds or funds provided by the Authority through the issuance
of its revenue bonds, notes or other evidences of indebtedness
for the development, construction, acquisition or improvement
of a project.
(n) "Costs incurred in connection with the development,
construction, acquisition or improvement of a project" means
the following: the cost of purchase and construction of all
lands and improvements in connection therewith and equipment
and other property, rights, easements and franchises acquired
which are deemed necessary for such construction; financing
charges; interest costs with respect to bonds, notes and other
evidences of indebtedness of the Authority prior to and during
construction and for a period of 6 months thereafter;
engineering and legal expenses; the costs of plans,
specifications, surveys and estimates of costs and other
expenses necessary or incident to determining the feasibility
or practicability of any project, together with such other
expenses as may be necessary or incident to the financing,
insuring, acquisition and construction of a specific project
and the placing of the same in operation.
(o) "Terminal" means a public place, station or depot for
receiving and delivering passengers, baggage, mail, freight or
express matter and any combination thereof in connection with
the transportation of persons and property on water or land or
in the air.
(p) "Terminal facilities" means all land, buildings,
structures, improvements, equipment and appliances useful in
the operation of public warehouse, storage and transportation
facilities and industrial, manufacturing or commercial
activities for the accommodation of or in connection with
commerce by water or land or in the air or useful as an aid, or
constituting an advantage or convenience to, the safe landing,
taking off and navigation of aircraft or the safe and
efficient operation or maintenance of a public airport.
(q) "Port facilities" means all public structures, except
terminal facilities as defined herein, that are in, over,
under or adjacent to navigable waters and are necessary for or
incident to the furtherance of water commerce and includes the
widening and deepening of slips, harbors and navigable waters.
(r) "Airport" means any locality, either land or water,
which is used or designed for the landing and taking off of
aircraft or for the location of runways, landing fields,
aerodromes, hangars, buildings, structures, airport roadways
and other facilities.
(Source: P.A. 98-750, eff. 1-1-15.)
(70 ILCS 535/4) (from Ch. 85, par. 7454)
Sec. 4. Establishment.
(a) There is hereby created a political subdivision, body
politic and municipal corporation named the Will-Kankakee
Regional Development Authority. The territorial jurisdiction
of the Authority is that geographic area within the boundaries
of Will and Kankakee counties in the State of Illinois and any
navigable waters and air space located therein.
(b) The governing and administrative powers of the
Authority shall be vested in a body consisting of 10 members
including, as an ex officio member, the Director of Commerce
and Economic Opportunity, or his or her designee. The other 9
members of the Authority shall be designated "public members",
3 of whom shall be appointed by the Governor, 3 of whom shall
be appointed by the county board chairman of Will County, and 3
of whom shall be appointed by the county board chairman of
Kankakee County. All public members shall reside within the
territorial jurisdiction of this Act. Six members shall
constitute a quorum, and the Board may not meet or take any
action without a quorum present. 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, small business management, real estate
development, community development, venture finance, organized
labor or civic, community or neighborhood organization. The
Chairman of the Authority shall be elected by the Board
annually from the 6 members appointed by the county board
chairmen.
(c) The terms of all members of the Authority shall begin
30 days after the effective date of this Act. Of the 9 public
members appointed pursuant to this Act, 3 shall serve until
the third Monday in January 1992, 3 shall serve until the third
Monday in January 1993, and 3 shall serve until the third
Monday in January 1994. All successors shall be appointed by
the original appointing authority and hold office for a term
of 3 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 occurring among the
public members 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 such office, and any person so
nominated who is confirmed by the Senate shall hold office
during the remainder of the term and until a successor shall be
appointed and qualified. Members of the Authority shall not be
entitled to 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.
(d) The Governor may remove any public member of the
Authority in case of incompetency, neglect of duty, or
malfeasance in office.
(e) 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 members and shall receive
compensation fixed by the Authority. The Executive Director
shall attend all meetings of the Authority; however, no action
of the Authority shall be invalid on account of the absence of
the Executive Director from a meeting. The Authority may
engage the services of such other agents and employees,
including attorneys, appraisers, engineers, accountants,
credit analysts and other consultants, as it may deem
advisable and may prescribe their duties and fix their
compensation.
(f) The Board may, by majority vote, nominate up to 4
non-voting members for appointment by the Governor. Non-voting
members shall be persons of 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 or civic, community or
neighborhood organization. Non-voting members shall serve at
the pleasure of the Board. All non-voting members may attend
meetings of the Board and may be reimbursed as provided in
subsection (c).
(g) The Board shall create a task force to study and make
recommendations to the Board on the economic development of
the territory within the jurisdiction of this Act. The members
of the task force shall reside within the territorial
jurisdiction of this Act, shall serve at the pleasure of the
Board and shall be persons of 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 or civic,
community or neighborhood organization. The number of members
constituting the task force shall be set by the Board and may
vary from time to time. The Board may set a specific date by
which the task force is to submit its final report and
recommendations to the Board.
(Source: P.A. 94-793, eff. 5-19-06.)
(70 ILCS 535/5.1 new)
Sec. 5.1. Requests for assistance; disclosure of economic
interests.
(a) The Authority may not hear a request for assistance
from a restricted person. This prohibition extends to business
relationships between a person who is an Authority leader
within one year prior to the request for assistance and to any
entity in which a restricted person holds or, within the past 2
years, held an ownership interest of 10% or more.
(b) An Authority leader shall disclose and recuse himself
or herself from matters relating to requests for assistance
from an entity that is relocating full-time employees from
another Authority's counties if (i) both Authorities contract
with or employ the same Authority leader or (ii) there is or,
within the past 2 years of the request, there was a business
relationship between the Authority leaders at the 2
Authorities.
(c) The Board of the Authority shall vote to renew the
appointment of the Executive Director and other Authority
leaders on an annual basis. All contracts shall be approved on
an annual basis and use a public process to solicit
applications. This requirement does not apply to full-time
employees of the Authority unless otherwise required by
applicable State law or local ordinance.
(d) Each Authority leader shall submit a statement of
economic interest in accordance with Article 4A of the
Illinois Governmental Ethics Act. Additionally, each Authority
leader shall disclose to the Board outside sources of income
and any business relationships in economic development
consulting or lobbying. Reporting shall include the source of
income, services provided, and timeline of when services were
provided. If the source of income is a firm or organization
with multiple clients, the report shall list all of the
entities for which the individual provided services.
(70 ILCS 535/5.2 new)
Sec. 5.2. Open meetings; record disclosure.
(a) The Authority is subject to the Open Meetings Act and
the Freedom of Information Act. Documents subject to the
Freedom of Information Act include, but are not limited to,
expenses, payroll, origination bonuses, and other financial
details of the Authority.
(b) A contract or agreement entered into by the Authority
must be posted on the Authority's website. The Authority shall
provide a detailed report of the Authority's financial
information on the Authority's website, including, but not
limited to, a statement of profits and losses, balance sheet,
and income statement of the Authority.
(70 ILCS 535/13) (from Ch. 85, par. 7463)
Sec. 13. Reports; commitment notice. The Authority shall
annually submit a report of its finances to the Auditor
General. The Authority shall annually submit a report of its
activities to the Governor and General Assembly.
The Authority shall provide notice to the General
Assembly, the Department of Commerce and Economic Opportunity,
and the Governor once the Authority enters into a commitment
to support the financing of a project. The notice to the
General Assembly shall be filed with the Clerk of the House of
Representatives and the Secretary of the Senate, in electronic
form only, in the manner that the Clerk and the Secretary shall
direct.
(Source: P.A. 86-1481.)
Section 99. Effective date. This Act takes effect July 1,
2023.