Illinois 2023-2024 Regular Session

Illinois House Bill HB1131 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0517
2	1		HB1131 EnrolledLRB103 05007 AWJ 50020 b HB1131 Enrolled LRB103 05007 AWJ 50020 b
3	2		HB1131 Enrolled LRB103 05007 AWJ 50020 b
4		-	AN ACT concerning local government.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Illinois Governmental Ethics Act is amended
8		-	by changing Section 4A-101 as follows:
9		-	(5 ILCS 420/4A-101) (from Ch. 127, par. 604A-101)
10		-	Sec. 4A-101. Persons required to file with the Secretary
11		-	of State. The following persons shall file verified written
12		-	statements of economic interests with the Secretary of State,
13		-	as provided in this Article:
14		-	(a) Members of the General Assembly and candidates for
15		-	nomination or election to the General Assembly.
16		-	(b) Persons holding an elected office in the Executive
17		-	Branch of this State, and candidates for nomination or
18		-	election to these offices.
19		-	(c) Members of a Commission or Board created by the
20		-	Illinois Constitution, and candidates for nomination or
21		-	election to such Commission or Board.
22		-	(d) Persons whose appointment to office is subject to
23		-	confirmation by the Senate and persons appointed by the
24		-	Governor to any other position on a board or commission
25		-	described in subsection (a) of Section 15 of the
26		-	Gubernatorial Boards and Commissions Act.
	3	+	1 AN ACT concerning local government.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Illinois Governmental Ethics Act is amended
	7	+	5 by changing Section 4A-101 as follows:
	8	+	6 (5 ILCS 420/4A-101) (from Ch. 127, par. 604A-101)
	9	+	7 Sec. 4A-101. Persons required to file with the Secretary
	10	+	8 of State. The following persons shall file verified written
	11	+	9 statements of economic interests with the Secretary of State,
	12	+	10 as provided in this Article:
	13	+	11 (a) Members of the General Assembly and candidates for
	14	+	12 nomination or election to the General Assembly.
	15	+	13 (b) Persons holding an elected office in the Executive
	16	+	14 Branch of this State, and candidates for nomination or
	17	+	15 election to these offices.
	18	+	16 (c) Members of a Commission or Board created by the
	19	+	17 Illinois Constitution, and candidates for nomination or
	20	+	18 election to such Commission or Board.
	21	+	19 (d) Persons whose appointment to office is subject to
	22	+	20 confirmation by the Senate and persons appointed by the
	23	+	21 Governor to any other position on a board or commission
	24	+	22 described in subsection (a) of Section 15 of the
	25	+	23 Gubernatorial Boards and Commissions Act.
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30	29		HB1131 Enrolled LRB103 05007 AWJ 50020 b
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33		-	(e) Holders of, and candidates for nomination or
34		-	election to, the office of judge or associate judge of the
35		-	Circuit Court and the office of judge of the Appellate or
36		-	Supreme Court.
37		-	(f) Persons who are employed by any branch, agency,
38		-	authority or board of the government of this State,
39		-	including but not limited to, the Illinois State Toll
40		-	Highway Authority, the Illinois Housing Development
41		-	Authority, the Illinois Community College Board, and
42		-	institutions under the jurisdiction of the Board of
43		-	Trustees of the University of Illinois, Board of Trustees
44		-	of Southern Illinois University, Board of Trustees of
45		-	Chicago State University, Board of Trustees of Eastern
46		-	Illinois University, Board of Trustees of Governors State
47		-	University, Board of Trustees of Illinois State
48		-	University, Board of Trustees of Northeastern Illinois
49		-	University, Board of Trustees of Northern Illinois
50		-	University, Board of Trustees of Western Illinois
51		-	University, or Board of Trustees of the Illinois
52		-	Mathematics and Science Academy, and are compensated for
53		-	services as employees and not as independent contractors
54		-	and who:
55		-	(1) are, or function as, the head of a department,
56		-	commission, board, division, bureau, authority or
57		-	other administrative unit within the government of
58		-	this State, or who exercise similar authority within
59		-
60		-
61		-	the government of this State;
62		-	(2) have direct supervisory authority over, or
63		-	direct responsibility for the formulation,
64		-	negotiation, issuance or execution of contracts
65		-	entered into by the State in the amount of $5,000 or
66		-	more;
67		-	(3) have authority for the issuance or
68		-	promulgation of rules and regulations within areas
69		-	under the authority of the State;
70		-	(4) have authority for the approval of
71		-	professional licenses;
72		-	(5) have responsibility with respect to the
73		-	financial inspection of regulated nongovernmental
74		-	entities;
75		-	(6) adjudicate, arbitrate, or decide any judicial
76		-	or administrative proceeding, or review the
77		-	adjudication, arbitration or decision of any judicial
78		-	or administrative proceeding within the authority of
79		-	the State;
80		-	(7) have supervisory responsibility for 20 or more
81		-	employees of the State;
82		-	(8) negotiate, assign, authorize, or grant naming
83		-	rights or sponsorship rights regarding any property or
84		-	asset of the State, whether real, personal, tangible,
85		-	or intangible; or
86		-	(9) have responsibility with respect to the
87		-
88		-
89		-	procurement of goods or services.
90		-	(f-5) Members of the board of commissioners of any
91		-	flood prevention district created under the Flood
92		-	Prevention District Act or the Beardstown Regional Flood
93		-	Prevention District Act.
94		-	(g) (Blank).
95		-	(h) (Blank).
96		-	(i) (Blank).
97		-	(j) Persons on the Board of Trustees of the Illinois
98		-	Mathematics and Science Academy.
99		-	(k) (Blank).
100		-	(l) Special government agents. A "special government
101		-	agent" is a person who is directed, retained, designated,
102		-	appointed, or employed, with or without compensation, by
103		-	or on behalf of a statewide executive branch
104		-	constitutional officer to make an ex parte communication
105		-	under Section 5-50 of the State Officials and Employees
106		-	Ethics Act or Section 5-165 of the Illinois Administrative
107		-	Procedure Act.
108		-	(m) (Blank).
109		-	(n) Members of the board of any retirement system or
110		-	investment board established under the Illinois Pension
111		-	Code, if not required to file under any other provision of
112		-	this Section.
113		-	(o) (Blank).
114		-	(p) Members of the investment advisory panel created
115		-
116		-
117		-	under Section 20 of the Illinois Prepaid Tuition Act.
118		-	(q) Persons serving as Executive Director or otherwise
119		-	involved with directing the affairs of a Regional
120		-	Development Authority. As used in this subsection,
121		-	"Regional Development Authority" has the meaning given to
122		-	that term in Section 1-5 of the State Officials and
123		-	Employees Ethics Act.
124		-	This Section shall not be construed to prevent any unit of
125		-	local government from enacting financial disclosure
126		-	requirements that mandate more information than required by
127		-	this Act.
128		-	(Source: P.A. 101-81, eff. 7-12-19; 101-221, eff. 8-9-19.)
129		-	Section 10. The State Officials and Employees Ethics Act
130		-	is amended by changing Sections 1-5, 20-5, 20-10, 20-23, and
131		-	75-5 and changing the heading of Article 75 as follows:
132		-	(5 ILCS 430/1-5)
133		-	Sec. 1-5. Definitions. As used in this Act:
134		-	"Appointee" means a person appointed to a position in or
135		-	with a State agency, regardless of whether the position is
136		-	compensated.
137		-	"Board members of Regional Development Authorities" means
138		-	any person appointed to serve on the governing board of a
139		-	Regional Development Authority.
140		-	"Board members of Regional Transit Boards" means any
141		-
142		-
143		-	person appointed to serve on the governing board of a Regional
144		-	Transit Board.
145		-	"Campaign for elective office" means any activity in
146		-	furtherance of an effort to influence the selection,
147		-	nomination, election, or appointment of any individual to any
148		-	federal, State, or local public office or office in a
149		-	political organization, or the selection, nomination, or
150		-	election of Presidential or Vice-Presidential electors, but
151		-	does not include activities (i) relating to the support or
152		-	opposition of any executive, legislative, or administrative
153		-	action (as those terms are defined in Section 2 of the Lobbyist
154		-	Registration Act), (ii) relating to collective bargaining, or
155		-	(iii) that are otherwise in furtherance of the person's
156		-	official State duties.
157		-	"Candidate" means a person who has filed nominating papers
158		-	or petitions for nomination or election to an elected State
159		-	office, or who has been appointed to fill a vacancy in
160		-	nomination, and who remains eligible for placement on the
161		-	ballot at either a general primary election or general
162		-	election.
163		-	"Collective bargaining" has the same meaning as that term
164		-	is defined in Section 3 of the Illinois Public Labor Relations
165		-	Act.
166		-	"Commission" means an ethics commission created by this
167		-	Act.
168		-	"Compensated time" means any time worked by or credited to
169		-
170		-
171		-	a State employee that counts toward any minimum work time
172		-	requirement imposed as a condition of employment with a State
173		-	agency, but does not include any designated State holidays or
174		-	any period when the employee is on a leave of absence.
175		-	"Compensatory time off" means authorized time off earned
176		-	by or awarded to a State employee to compensate in whole or in
177		-	part for time worked in excess of the minimum work time
178		-	required of that employee as a condition of employment with a
179		-	State agency.
180		-	"Contribution" has the same meaning as that term is
181		-	defined in Section 9-1.4 of the Election Code.
182		-	"Employee" means (i) any person employed full-time,
183		-	part-time, or pursuant to a contract and whose employment
184		-	duties are subject to the direction and control of an employer
185		-	with regard to the material details of how the work is to be
186		-	performed or (ii) any appointed or elected commissioner,
187		-	trustee, director, or board member of a board of a State
188		-	agency, including any retirement system or investment board
189		-	subject to the Illinois Pension Code or (iii) any other
190		-	appointee.
191		-	"Employment benefits" include but are not limited to the
192		-	following: modified compensation or benefit terms; compensated
193		-	time off; or change of title, job duties, or location of office
194		-	or employment. An employment benefit may also include
195		-	favorable treatment in determining whether to bring any
196		-	disciplinary or similar action or favorable treatment during
197		-
198		-
199		-	the course of any disciplinary or similar action or other
200		-	performance review.
201		-	"Executive branch constitutional officer" means the
202		-	Governor, Lieutenant Governor, Attorney General, Secretary of
203		-	State, Comptroller, and Treasurer.
204		-	"Gift" means any gratuity, discount, entertainment,
205		-	hospitality, loan, forbearance, or other tangible or
206		-	intangible item having monetary value including, but not
207		-	limited to, cash, food and drink, and honoraria for speaking
208		-	engagements related to or attributable to government
209		-	employment or the official position of an employee, member, or
210		-	officer. The value of a gift may be further defined by rules
211		-	adopted by the appropriate ethics commission or by the Auditor
212		-	General for the Auditor General and for employees of the
213		-	office of the Auditor General.
214		-	"Governmental entity" means a unit of local government
215		-	(including a community college district) or a school district
216		-	but not a State agency, or a Regional Transit Board, or a
217		-	Regional Development Authority.
218		-	"Leave of absence" means any period during which a State
219		-	employee does not receive (i) compensation for State
220		-	employment, (ii) service credit towards State pension
221		-	benefits, and (iii) health insurance benefits paid for by the
222		-	State.
223		-	"Legislative branch constitutional officer" means a member
224		-	of the General Assembly and the Auditor General.
225		-
226		-
227		-	"Legislative leader" means the President and Minority
228		-	Leader of the Senate and the Speaker and Minority Leader of the
229		-	House of Representatives.
230		-	"Member" means a member of the General Assembly.
231		-	"Officer" means an executive branch constitutional officer
232		-	or a legislative branch constitutional officer.
233		-	"Political" means any activity in support of or in
234		-	connection with any campaign for elective office or any
235		-	political organization, but does not include activities (i)
236		-	relating to the support or opposition of any executive,
237		-	legislative, or administrative action (as those terms are
238		-	defined in Section 2 of the Lobbyist Registration Act), (ii)
239		-	relating to collective bargaining, or (iii) that are otherwise
240		-	in furtherance of the person's official State duties or
241		-	governmental and public service functions.
242		-	"Political organization" means a party, committee,
243		-	association, fund, or other organization (whether or not
244		-	incorporated) that is required to file a statement of
245		-	organization with the State Board of Elections or a county
246		-	clerk under Section 9-3 of the Election Code, but only with
247		-	regard to those activities that require filing with the State
248		-	Board of Elections or a county clerk.
249		-	"Prohibited political activity" means:
250		-	(1) Preparing for, organizing, or participating in any
251		-	political meeting, political rally, political
252		-	demonstration, or other political event.
253		-
254		-
255		-	(2) Soliciting contributions, including but not
256		-	limited to the purchase of, selling, distributing, or
257		-	receiving payment for tickets for any political
258		-	fundraiser, political meeting, or other political event.
259		-	(3) Soliciting, planning the solicitation of, or
260		-	preparing any document or report regarding any thing of
261		-	value intended as a campaign contribution.
262		-	(4) Planning, conducting, or participating in a public
263		-	opinion poll in connection with a campaign for elective
264		-	office or on behalf of a political organization for
265		-	political purposes or for or against any referendum
266		-	question.
267		-	(5) Surveying or gathering information from potential
268		-	or actual voters in an election to determine probable vote
269		-	outcome in connection with a campaign for elective office
270		-	or on behalf of a political organization for political
271		-	purposes or for or against any referendum question.
272		-	(6) Assisting at the polls on election day on behalf
273		-	of any political organization or candidate for elective
274		-	office or for or against any referendum question.
275		-	(7) Soliciting votes on behalf of a candidate for
276		-	elective office or a political organization or for or
277		-	against any referendum question or helping in an effort to
278		-	get voters to the polls.
279		-	(8) Initiating for circulation, preparing,
280		-	circulating, reviewing, or filing any petition on behalf
281		-
282		-
283		-	of a candidate for elective office or for or against any
284		-	referendum question.
285		-	(9) Making contributions on behalf of any candidate
286		-	for elective office in that capacity or in connection with
287		-	a campaign for elective office.
288		-	(10) Preparing or reviewing responses to candidate
289		-	questionnaires in connection with a campaign for elective
290		-	office or on behalf of a political organization for
291		-	political purposes.
292		-	(11) Distributing, preparing for distribution, or
293		-	mailing campaign literature, campaign signs, or other
294		-	campaign material on behalf of any candidate for elective
295		-	office or for or against any referendum question.
296		-	(12) Campaigning for any elective office or for or
297		-	against any referendum question.
298		-	(13) Managing or working on a campaign for elective
299		-	office or for or against any referendum question.
300		-	(14) Serving as a delegate, alternate, or proxy to a
301		-	political party convention.
302		-	(15) Participating in any recount or challenge to the
303		-	outcome of any election, except to the extent that under
304		-	subsection (d) of Section 6 of Article IV of the Illinois
305		-	Constitution each house of the General Assembly shall
306		-	judge the elections, returns, and qualifications of its
307		-	members.
308		-	"Prohibited source" means any person or entity who:
309		-
310		-
311		-	(1) is seeking official action (i) by the member or
312		-	officer or (ii) in the case of an employee, by the employee
313		-	or by the member, officer, State agency, or other employee
314		-	directing the employee;
315		-	(2) does business or seeks to do business (i) with the
316		-	member or officer or (ii) in the case of an employee, with
317		-	the employee or with the member, officer, State agency, or
318		-	other employee directing the employee;
319		-	(3) conducts activities regulated (i) by the member or
320		-	officer or (ii) in the case of an employee, by the employee
321		-	or by the member, officer, State agency, or other employee
322		-	directing the employee;
323		-	(4) has interests that may be substantially affected
324		-	by the performance or non-performance of the official
325		-	duties of the member, officer, or employee;
326		-	(5) is registered or required to be registered with
327		-	the Secretary of State under the Lobbyist Registration
328		-	Act, except that an entity not otherwise a prohibited
329		-	source does not become a prohibited source merely because
330		-	a registered lobbyist is one of its members or serves on
331		-	its board of directors; or
332		-	(6) is an agent of, a spouse of, or an immediate family
333		-	member who is living with a "prohibited source".
334		-	"Regional Development Authority" means the following
335		-	regional development authorities:
336		-	(1) the Central Illinois Economic Development
337		-
338		-
339		-	Authority created by the Central Illinois Economic
340		-	Development Authority Act;
341		-	(2) the Eastern Illinois Economic Development
342		-	Authority created by the Eastern Illinois Economic
343		-	Development Authority Act;
344		-	(3) the Joliet Arsenal Development Authority created
345		-	by the Joliet Arsenal Development Authority Act;
346		-	(4) the Quad Cities Regional Economic Development
347		-	Authority created by Quad Cities Regional Economic
348		-	Development Authority Act, approved September 22, 1987;
349		-	(5) the Riverdale Development Authority created by the
350		-	Riverdale Development Authority Act;
351		-	(6) the Southeastern Illinois Economic Development
352		-	Authority created by the Southeastern Illinois Economic
353		-	Development Authority Act;
354		-	(7) the Southern Illinois Economic Development
355		-	Authority created by the Southern Illinois Economic
356		-	Development Authority Act;
357		-	(8) the Southwestern Illinois Development Authority
358		-	created by the Southwestern Illinois Development Authority
359		-	Act;
360		-	(9) the Tri-County River Valley Development Authority
361		-	created by the Tri-County River Valley Development
362		-	Authority Law;
363		-	(10) the Upper Illinois River Valley Development
364		-	Authority created by the Upper Illinois River Valley
365		-
366		-
367		-	Development Authority Act;
368		-	(11) the Illinois Urban Development Authority created
369		-	by the Illinois Urban Development Authority Act;
370		-	(12) the Western Illinois Economic Development
371		-	Authority created by the Western Illinois Economic
372		-	Development Authority Act; and
373		-	(13) the Will-Kankakee Regional Development Authority
374		-	created by the Will-Kankakee Regional Development
375		-	Authority Law.
376		-	"Regional Transit Boards" means (i) the Regional
377		-	Transportation Authority created by the Regional
378		-	Transportation Authority Act, (ii) the Suburban Bus Division
379		-	created by the Regional Transportation Authority Act, (iii)
380		-	the Commuter Rail Division created by the Regional
381		-	Transportation Authority Act, and (iv) the Chicago Transit
382		-	Authority created by the Metropolitan Transit Authority Act.
383		-	"State agency" includes all officers, boards, commissions
384		-	and agencies created by the Constitution, whether in the
385		-	executive or legislative branch; all officers, departments,
386		-	boards, commissions, agencies, institutions, authorities,
387		-	public institutions of higher learning as defined in Section 2
388		-	of the Higher Education Cooperation Act (except community
389		-	colleges), and bodies politic and corporate of the State; and
390		-	administrative units or corporate outgrowths of the State
391		-	government which are created by or pursuant to statute, other
392		-	than units of local government (including community college
393		-
394		-
395		-	districts) and their officers, school districts, and boards of
396		-	election commissioners; and all administrative units and
397		-	corporate outgrowths of the above and as may be created by
398		-	executive order of the Governor. "State agency" includes the
399		-	General Assembly, the Senate, the House of Representatives,
400		-	the President and Minority Leader of the Senate, the Speaker
401		-	and Minority Leader of the House of Representatives, the
402		-	Senate Operations Commission, and the legislative support
403		-	services agencies. "State agency" includes the Office of the
404		-	Auditor General. "State agency" does not include the judicial
405		-	branch.
406		-	"State employee" means any employee of a State agency.
407		-	"Ultimate jurisdictional authority" means the following:
408		-	(1) For members, legislative partisan staff, and
409		-	legislative secretaries, the appropriate legislative
410		-	leader: President of the Senate, Minority Leader of the
411		-	Senate, Speaker of the House of Representatives, or
412		-	Minority Leader of the House of Representatives.
413		-	(2) For State employees who are professional staff or
414		-	employees of the Senate and not covered under item (1),
415		-	the Senate Operations Commission.
416		-	(3) For State employees who are professional staff or
417		-	employees of the House of Representatives and not covered
418		-	under item (1), the Speaker of the House of
419		-	Representatives.
420		-	(4) For State employees who are employees of the
421		-
422		-
423		-	legislative support services agencies, the Joint Committee
424		-	on Legislative Support Services.
425		-	(5) For State employees of the Auditor General, the
426		-	Auditor General.
427		-	(6) For State employees of public institutions of
428		-	higher learning as defined in Section 2 of the Higher
429		-	Education Cooperation Act (except community colleges), the
430		-	board of trustees of the appropriate public institution of
431		-	higher learning.
432		-	(7) For State employees of an executive branch
433		-	constitutional officer other than those described in
434		-	paragraph (6), the appropriate executive branch
435		-	constitutional officer.
436		-	(8) For State employees not under the jurisdiction of
437		-	paragraph (1), (2), (3), (4), (5), (6), or (7), the
438		-	Governor.
439		-	(9) For employees of Regional Transit Boards, the
440		-	appropriate Regional Transit Board.
441		-	(10) For board members of Regional Transit Boards, the
442		-	Governor.
443		-	(11) For employees of Regional Development
444		-	Authorities, the appropriate Regional Development
445		-	Authority.
446		-	(12) For board members of Regional Development
447		-	Authorities, the Governor.
448		-	(Source: P.A. 96-6, eff. 4-3-09; 96-555, eff. 8-18-09;
449		-
450		-
451		-	96-1528, eff. 7-1-11; 96-1533, eff. 3-4-11; 97-813, eff.
452		-	7-13-12.)
453		-	(5 ILCS 430/20-5)
454		-	Sec. 20-5. Executive Ethics Commission.
455		-	(a) The Executive Ethics Commission is created.
456		-	(b) The Executive Ethics Commission shall consist of 9
457		-	commissioners. The Governor shall appoint 5 commissioners, and
458		-	the Attorney General, Secretary of State, Comptroller, and
459		-	Treasurer shall each appoint one commissioner. Appointments
460		-	shall be made by and with the advice and consent of the Senate
461		-	by three-fifths of the elected members concurring by record
462		-	vote. Any nomination not acted upon by the Senate within 60
463		-	session days of the receipt thereof shall be deemed to have
464		-	received the advice and consent of the Senate. If, during a
465		-	recess of the Senate, there is a vacancy in an office of
466		-	commissioner, the appointing authority shall make a temporary
467		-	appointment until the next meeting of the Senate when the
468		-	appointing authority shall make a nomination to fill that
469		-	office. No person rejected for an office of commissioner
470		-	shall, except by the Senate's request, be nominated again for
471		-	that office at the same session of the Senate or be appointed
472		-	to that office during a recess of that Senate. No more than 5
473		-	commissioners may be of the same political party.
474		-	The terms of the initial commissioners shall commence upon
475		-	qualification. Four initial appointees of the Governor, as
476		-
477		-
478		-	designated by the Governor, shall serve terms running through
479		-	June 30, 2007. One initial appointee of the Governor, as
480		-	designated by the Governor, and the initial appointees of the
481		-	Attorney General, Secretary of State, Comptroller, and
482		-	Treasurer shall serve terms running through June 30, 2008. The
483		-	initial appointments shall be made within 60 days after the
484		-	effective date of this Act.
485		-	After the initial terms, commissioners shall serve for
486		-	4-year terms commencing on July 1 of the year of appointment
487		-	and running through June 30 of the fourth following year.
488		-	Commissioners may be reappointed to one or more subsequent
489		-	terms.
490		-	Vacancies occurring other than at the end of a term shall
491		-	be filled by the appointing authority only for the balance of
492		-	the term of the commissioner whose office is vacant.
493		-	Terms shall run regardless of whether the position is
494		-	filled.
495		-	(c) The appointing authorities shall appoint commissioners
496		-	who have experience holding governmental office or employment
497		-	and shall appoint commissioners from the general public. A
498		-	person is not eligible to serve as a commissioner if that
499		-	person (i) has been convicted of a felony or a crime of
500		-	dishonesty or moral turpitude, (ii) is, or was within the
501		-	preceding 12 months, engaged in activities that require
502		-	registration under the Lobbyist Registration Act, (iii) is
503		-	related to the appointing authority, or (iv) is a State
504		-
505		-
506		-	officer or employee.
507		-	(d) The Executive Ethics Commission shall have
508		-	jurisdiction over all officers and employees of State agencies
509		-	other than the General Assembly, the Senate, the House of
510		-	Representatives, the President and Minority Leader of the
511		-	Senate, the Speaker and Minority Leader of the House of
512		-	Representatives, the Senate Operations Commission, the
513		-	legislative support services agencies, and the Office of the
514		-	Auditor General. The Executive Ethics Commission shall have
515		-	jurisdiction over all board members and employees of Regional
516		-	Transit Boards and all board members and employees of Regional
517		-	Development Authorities. The jurisdiction of the Commission is
518		-	limited to matters arising under this Act, except as provided
519		-	in subsection (d-5).
520		-	A member or legislative branch State employee serving on
521		-	an executive branch board or commission remains subject to the
522		-	jurisdiction of the Legislative Ethics Commission and is not
523		-	subject to the jurisdiction of the Executive Ethics
524		-	Commission.
525		-	(d-5) The Executive Ethics Commission shall have
526		-	jurisdiction over all chief procurement officers and
527		-	procurement compliance monitors and their respective staffs.
528		-	The Executive Ethics Commission shall have jurisdiction over
529		-	any matters arising under the Illinois Procurement Code if the
530		-	Commission is given explicit authority in that Code.
531		-	(d-6) (1) The Executive Ethics Commission shall have
532		-
533		-
534		-	jurisdiction over the Illinois Power Agency and its staff. The
535		-	Director of the Agency shall be appointed by a majority of the
536		-	commissioners of the Executive Ethics Commission, subject to
537		-	Senate confirmation, for a term of 2 years. The Director is
538		-	removable for cause by a majority of the Commission upon a
539		-	finding of neglect, malfeasance, absence, or incompetence.
540		-	(2) In case of a vacancy in the office of Director of the
541		-	Illinois Power Agency during a recess of the Senate, the
542		-	Executive Ethics Commission may make a temporary appointment
543		-	until the next meeting of the Senate, at which time the
544		-	Executive Ethics Commission shall nominate some person to fill
545		-	the office, and any person so nominated who is confirmed by the
546		-	Senate shall hold office during the remainder of the term and
547		-	until his or her successor is appointed and qualified. Nothing
548		-	in this subsection shall prohibit the Executive Ethics
549		-	Commission from removing a temporary appointee or from
550		-	appointing a temporary appointee as the Director of the
551		-	Illinois Power Agency.
552		-	(3) Prior to June 1, 2012, the Executive Ethics Commission
553		-	may, until the Director of the Illinois Power Agency is
554		-	appointed and qualified or a temporary appointment is made
555		-	pursuant to paragraph (2) of this subsection, designate some
556		-	person as an acting Director to execute the powers and
557		-	discharge the duties vested by law in that Director. An acting
558		-	Director shall serve no later than 60 calendar days, or upon
559		-	the making of an appointment pursuant to paragraph (1) or (2)
560		-
561		-
562		-	of this subsection, whichever is earlier. Nothing in this
563		-	subsection shall prohibit the Executive Ethics Commission from
564		-	removing an acting Director or from appointing an acting
565		-	Director as the Director of the Illinois Power Agency.
566		-	(4) No person rejected by the Senate for the office of
567		-	Director of the Illinois Power Agency shall, except at the
568		-	Senate's request, be nominated again for that office at the
569		-	same session or be appointed to that office during a recess of
570		-	that Senate.
571		-	(d-7) The Executive Ethics Commission shall have
572		-	jurisdiction over complainants and respondents in violation of
573		-	subsection (d) of Section 20-90.
574		-	(e) The Executive Ethics Commission must meet, either in
575		-	person or by other technological means, at least monthly and
576		-	as often as necessary. At the first meeting of the Executive
577		-	Ethics Commission, the commissioners shall choose from their
578		-	number a chairperson and other officers that they deem
579		-	appropriate. The terms of officers shall be for 2 years
580		-	commencing July 1 and running through June 30 of the second
581		-	following year. Meetings shall be held at the call of the
582		-	chairperson or any 3 commissioners. Official action by the
583		-	Commission shall require the affirmative vote of 5
584		-	commissioners, and a quorum shall consist of 5 commissioners.
585		-	Commissioners shall receive compensation in an amount equal to
586		-	the compensation of members of the State Board of Elections
587		-	and may be reimbursed for their reasonable expenses actually
588		-
589		-
590		-	incurred in the performance of their duties.
591		-	(f) No commissioner or employee of the Executive Ethics
592		-	Commission may during his or her term of appointment or
593		-	employment:
594		-	(1) become a candidate for any elective office;
595		-	(2) hold any other elected or appointed public office
596		-	except for appointments on governmental advisory boards or
597		-	study commissions or as otherwise expressly authorized by
598		-	law;
599		-	(3) be actively involved in the affairs of any
600		-	political party or political organization; or
601		-	(4) advocate for the appointment of another person to
602		-	an appointed or elected office or position or actively
603		-	participate in any campaign for any elective office.
604		-	(g) An appointing authority may remove a commissioner only
605		-	for cause.
606		-	(h) The Executive Ethics Commission shall appoint an
607		-	Executive Director. The compensation of the Executive Director
608		-	shall be as determined by the Commission. The Executive
609		-	Director of the Executive Ethics Commission may employ and
610		-	determine the compensation of staff, as appropriations permit.
611		-	(i) The Executive Ethics Commission shall appoint, by a
612		-	majority of the members appointed to the Commission, chief
613		-	procurement officers and may appoint procurement compliance
614		-	monitors in accordance with the provisions of the Illinois
615		-	Procurement Code. The compensation of a chief procurement
616		-
617		-
618		-	officer and procurement compliance monitor shall be determined
619		-	by the Commission.
620		-	(Source: P.A. 100-43, eff. 8-9-17; 101-221, eff. 8-9-19;
621		-	101-617, eff. 12-20-19.)
622		-	(5 ILCS 430/20-10)
623		-	Sec. 20-10. Offices of Executive Inspectors General.
624		-	(a) Five independent Offices of the Executive Inspector
625		-	General are created, one each for the Governor, the Attorney
626		-	General, the Secretary of State, the Comptroller, and the
627		-	Treasurer. Each Office shall be under the direction and
628		-	supervision of an Executive Inspector General and shall be a
629		-	fully independent office with separate appropriations.
630		-	(b) The Governor, Attorney General, Secretary of State,
631		-	Comptroller, and Treasurer shall each appoint an Executive
632		-	Inspector General, without regard to political affiliation and
633		-	solely on the basis of integrity and demonstrated ability.
634		-	Appointments shall be made by and with the advice and consent
635		-	of the Senate by three-fifths of the elected members
636		-	concurring by record vote. Any nomination not acted upon by
637		-	the Senate within 60 session days of the receipt thereof shall
638		-	be deemed to have received the advice and consent of the
639		-	Senate. If, during a recess of the Senate, there is a vacancy
640		-	in an office of Executive Inspector General, the appointing
641		-	authority shall make a temporary appointment until the next
642		-	meeting of the Senate when the appointing authority shall make
643		-
644		-
645		-	a nomination to fill that office. No person rejected for an
646		-	office of Executive Inspector General shall, except by the
647		-	Senate's request, be nominated again for that office at the
648		-	same session of the Senate or be appointed to that office
649		-	during a recess of that Senate.
650		-	Nothing in this Article precludes the appointment by the
651		-	Governor, Attorney General, Secretary of State, Comptroller,
652		-	or Treasurer of any other inspector general required or
653		-	permitted by law. The Governor, Attorney General, Secretary of
654		-	State, Comptroller, and Treasurer each may appoint an existing
655		-	inspector general as the Executive Inspector General required
656		-	by this Article, provided that such an inspector general is
657		-	not prohibited by law, rule, jurisdiction, qualification, or
658		-	interest from serving as the Executive Inspector General
659		-	required by this Article. An appointing authority may not
660		-	appoint a relative as an Executive Inspector General.
661		-	Each Executive Inspector General shall have the following
662		-	qualifications:
663		-	(1) has not been convicted of any felony under the
664		-	laws of this State, another State, or the United States;
665		-	(2) has earned a baccalaureate degree from an
666		-	institution of higher education; and
667		-	(3) has 5 or more years of cumulative service (A) with
668		-	a federal, State, or local law enforcement agency, at
669		-	least 2 years of which have been in a progressive
670		-	investigatory capacity; (B) as a federal, State, or local
671		-
672		-
673		-	prosecutor; (C) as a senior manager or executive of a
674		-	federal, State, or local agency; (D) as a member, an
675		-	officer, or a State or federal judge; or (E) representing
676		-	any combination of items (A) through (D).
677		-	The term of each initial Executive Inspector General shall
678		-	commence upon qualification and shall run through June 30,
679		-	2008. The initial appointments shall be made within 60 days
680		-	after the effective date of this Act.
681		-	After the initial term, each Executive Inspector General
682		-	shall serve for 5-year terms commencing on July 1 of the year
683		-	of appointment and running through June 30 of the fifth
684		-	following year. An Executive Inspector General may be
685		-	reappointed to one or more subsequent terms.
686		-	A vacancy occurring other than at the end of a term shall
687		-	be filled by the appointing authority only for the balance of
688		-	the term of the Executive Inspector General whose office is
689		-	vacant.
690		-	Terms shall run regardless of whether the position is
691		-	filled.
692		-	(c) The Executive Inspector General appointed by the
693		-	Attorney General shall have jurisdiction over the Attorney
694		-	General and all officers and employees of, and vendors and
695		-	others doing business with, State agencies within the
696		-	jurisdiction of the Attorney General. The Executive Inspector
697		-	General appointed by the Secretary of State shall have
698		-	jurisdiction over the Secretary of State and all officers and
699		-
700		-
701		-	employees of, and vendors and others doing business with,
702		-	State agencies within the jurisdiction of the Secretary of
703		-	State. The Executive Inspector General appointed by the
704		-	Comptroller shall have jurisdiction over the Comptroller and
705		-	all officers and employees of, and vendors and others doing
706		-	business with, State agencies within the jurisdiction of the
707		-	Comptroller. The Executive Inspector General appointed by the
708		-	Treasurer shall have jurisdiction over the Treasurer and all
709		-	officers and employees of, and vendors and others doing
710		-	business with, State agencies within the jurisdiction of the
711		-	Treasurer. The Executive Inspector General appointed by the
712		-	Governor shall have jurisdiction over (i) the Governor, (ii)
713		-	the Lieutenant Governor, (iii) all officers and employees of,
714		-	and vendors and others doing business with, executive branch
715		-	State agencies under the jurisdiction of the Executive Ethics
716		-	Commission and not within the jurisdiction of the Attorney
717		-	General, the Secretary of State, the Comptroller, or the
718		-	Treasurer, and (iv) all board members and employees of the
719		-	Regional Transit Boards and all vendors and others doing
720		-	business with the Regional Transit Boards, and (v) all board
721		-	members and employees of the Regional Development Authorities
722		-	and all vendors and others doing business with the Regional
723		-	Development Authorities.
724		-	The jurisdiction of each Executive Inspector General is to
725		-	investigate allegations of fraud, waste, abuse, mismanagement,
726		-	misconduct, nonfeasance, misfeasance, malfeasance, or
727		-
728		-
729		-	violations of this Act or violations of other related laws and
730		-	rules.
731		-	Each Executive Inspector General shall have jurisdiction
732		-	over complainants in violation of subsection (e) of Section
733		-	20-63 for disclosing a summary report prepared by the
734		-	respective Executive Inspector General.
735		-	(d) The compensation for each Executive Inspector General
736		-	shall be determined by the Executive Ethics Commission and
737		-	shall be provided from appropriations made to the Comptroller
738		-	for this purpose. For terms of office beginning on or after
739		-	July 1, 2023, each Executive Inspector General shall receive,
740		-	on July 1 of each year, beginning on July 1, 2024, an increase
741		-	in salary based on a cost of living adjustment as authorized by
742		-	Senate Joint Resolution 192 of the 86th General Assembly.
743		-	Subject to Section 20-45 of this Act, each Executive Inspector
744		-	General has full authority to organize his or her Office of the
745		-	Executive Inspector General, including the employment and
746		-	determination of the compensation of staff, such as deputies,
747		-	assistants, and other employees, as appropriations permit. A
748		-	separate appropriation shall be made for each Office of
749		-	Executive Inspector General.
750		-	(e) No Executive Inspector General or employee of the
751		-	Office of the Executive Inspector General may, during his or
752		-	her term of appointment or employment:
753		-	(1) become a candidate for any elective office;
754		-	(2) hold any other elected or appointed public office
755		-
756		-
757		-	except for appointments on governmental advisory boards or
758		-	study commissions or as otherwise expressly authorized by
759		-	law;
760		-	(3) be actively involved in the affairs of any
761		-	political party or political organization; or
762		-	(4) advocate for the appointment of another person to
763		-	an appointed or elected office or position or actively
764		-	participate in any campaign for any elective office.
765		-	In this subsection an appointed public office means a
766		-	position authorized by law that is filled by an appointing
767		-	authority as provided by law and does not include employment
768		-	by hiring in the ordinary course of business.
769		-	(e-1) No Executive Inspector General or employee of the
770		-	Office of the Executive Inspector General may, for one year
771		-	after the termination of his or her appointment or employment:
772		-	(1) become a candidate for any elective office;
773		-	(2) hold any elected public office; or
774		-	(3) hold any appointed State, county, or local
775		-	judicial office.
776		-	(e-2) The requirements of item (3) of subsection (e-1) may
777		-	be waived by the Executive Ethics Commission.
778		-	(f) An Executive Inspector General may be removed only for
779		-	cause and may be removed only by the appointing constitutional
780		-	officer. At the time of the removal, the appointing
781		-	constitutional officer must report to the Executive Ethics
782		-	Commission the justification for the removal.
783		-
784		-
785		-	(Source: P.A. 101-221, eff. 8-9-19; 102-558, eff. 8-20-21;
786		-	102-1115, eff. 1-9-23.)
787		-	(5 ILCS 430/20-23)
788		-	Sec. 20-23. Ethics Officers. Each officer and the head of
789		-	each State agency under the jurisdiction of the Executive
790		-	Ethics Commission shall designate an Ethics Officer for the
791		-	office or State agency. The board of each Regional Transit
792		-	Board shall designate an Ethics Officer for the Regional
793		-	Transit Board, and the board of each Regional Development
794		-	Authority shall designate an Ethics Officer for the Regional
795		-	Development Authority. Ethics Officers shall:
796		-	(1) act as liaisons between the State agency, or
797		-	Regional Transit Board , or Regional Development Authority
798		-	and the appropriate Executive Inspector General and
799		-	between the State agency, or Regional Transit Board, or
800		-	Regional Development Authority and the Executive Ethics
801		-	Commission;
802		-	(2) review statements of economic interest and
803		-	disclosure forms of officers, senior employees, and
804		-	contract monitors before they are filed with the Secretary
805		-	of State; and
806		-	(3) provide guidance to officers and employees in the
807		-	interpretation and implementation of this Act, which the
808		-	officer or employee may in good faith rely upon. Such
809		-	guidance shall be based, wherever possible, upon legal
810		-
811		-
812		-	precedent in court decisions, opinions of the Attorney
813		-	General, and the findings and opinions of the Executive
814		-	Ethics Commission.
815		-	(Source: P.A. 96-1528, eff. 7-1-11.)
816		-	(5 ILCS 430/Art. 75 heading)
817		-	ARTICLE 75. REGIONAL TRANSIT BOARDS
818		-	AND REGIONAL DEVELOPMENT AUTHORITIES
819		-	(Source: P.A. 96-1528, eff. 7-1-11.)
820		-	(5 ILCS 430/75-5)
821		-	Sec. 75-5. Application of the State Officials and
822		-	Employees Ethics Act to the Regional Transit Boards and
823		-	Regional Development Authorities.
824		-	(a) The Beginning July 1, 2011, the provisions of Articles
825		-	1, 5, 10, 20, and 50 of this Act, as well as this Article,
826		-	shall apply to the Regional Transit Boards and Regional
827		-	Development Authorities. As used in Articles 1, 5, 10, 20, 50,
828		-	and 75, (i) "appointee" and "officer" include a person
829		-	appointed to serve on the board of a Regional Transit Board or
830		-	a board of a Regional Development Authority, and (ii)
831		-	"employee" and "State employee" include: (A) a full-time,
832		-	part-time, or contractual employee of a Regional Transit Board
833		-	or a Regional Development Authority; and (B) Authority leaders
834		-	of a Regional Development Authority. As used in this
835		-	subsection, "Authority leader" has the meaning given to that
836		-
837		-
838		-	term in the various Acts and Laws creating the Regional
839		-	Development Authorities.
840		-	(b) The Executive Ethics Commission shall have
841		-	jurisdiction over all board members and employees of the
842		-	Regional Transit Boards and Regional Development Authorities.
843		-	The Executive Inspector General appointed by the Governor
844		-	shall have jurisdiction over all board members, employees,
845		-	vendors, and others doing business with the Regional Transit
846		-	Boards and Regional Development Authorities to investigate
847		-	allegations of fraud, waste, abuse, mismanagement, misconduct,
848		-	nonfeasance, misfeasance, malfeasance, or violations of this
849		-	Act.
850		-	(Source: P.A. 96-1528, eff. 7-1-11.)
851		-	Section 15. The Central Illinois Economic Development
852		-	Authority Act is amended by changing Sections 10, 15, and 70
853		-	and by adding Sections 21 and 22 as follows:
854		-	(70 ILCS 504/10)
855		-	Sec. 10. Definitions. In this Act:
856		-	"Authority" means the Central Illinois Economic
857		-	Development Authority.
858		-	"Authority leader" means the Executive Director, Assistant
859		-	Executive Director, or any other person serving in a
860		-	management, administrative, or leadership role at the
861		-	Authority.
862		-
863		-
864		-	"Governmental agency" means any federal, State, or local
865		-	governmental body and any agency or instrumentality thereof,
866		-	corporate or otherwise.
867		-	"Person" means any natural person, firm, partnership,
868		-	corporation, both domestic and foreign, company, association
869		-	or joint stock association and includes any trustee, receiver,
870		-	assignee or personal representative thereof.
871		-	"Restricted person" means a person who has a familial or
872		-	business relationship with an Authority leader.
873		-	"Revenue bond" means any bond issued by the Authority, the
874		-	principal and interest of which is payable solely from
875		-	revenues or income derived from any project or activity of the
876		-	Authority.
877		-	"Board" means the Board of Directors of the Central
878		-	Illinois Economic Development Authority.
879		-	"Governor" means the Governor of the State of Illinois.
880		-	"City" means any city, village, incorporated town, or
881		-	township within the geographical territory of the Authority.
882		-	"Industrial project" means the following:
883		-	(1) a capital project, including one or more buildings
884		-	and other structures, improvements, machinery and
885		-	equipment whether or not on the same site or sites now
886		-	existing or hereafter acquired, suitable for use by any
887		-	manufacturing, industrial, research, transportation or
888		-	commercial enterprise including but not limited to use as
889		-	a factory, mill, processing plant, assembly plant,
890		-
891		-
892		-	packaging plant, fabricating plant, ethanol plant, office
893		-	building, industrial distribution center, warehouse,
894		-	repair, overhaul or service facility, freight terminal,
895		-	research facility, test facility, railroad facility, port
896		-	facility, solid waste and wastewater treatment and
897		-	disposal sites and other pollution control facilities,
898		-	resource or waste reduction, recovery, treatment and
899		-	disposal facilities, and including also the sites thereof
900		-	and other rights in land therefore whether improved or
901		-	unimproved, site preparation and landscaping and all
902		-	appurtenances and facilities incidental thereto such as
903		-	utilities, access roads, railroad sidings, truck docking
904		-	and similar facilities, parking facilities, dockage,
905		-	wharfage, railroad roadbed, track, trestle, depot,
906		-	terminal, switching and signaling equipment or related
907		-	equipment and other improvements necessary or convenient
908		-	thereto; or
909		-	(2) any land, buildings, machinery or equipment
910		-	comprising an addition to or renovation, rehabilitation or
911		-	improvement of any existing capital project.
912		-	"Housing project" or "residential project" includes a
913		-	specific work or improvement undertaken to provide dwelling
914		-	accommodations, including the acquisition, construction or
915		-	rehabilitation of lands, buildings and community facilities
916		-	and in connection therewith to provide nonhousing facilities
917		-	which are an integral part of a planned large-scale project or
918		-
919		-
920		-	new community.
921		-	"Commercial project" means any project, including, but not
922		-	limited to, one or more buildings and other structures,
923		-	improvements, machinery, and equipment, whether or not on the
924		-	same site or sites now existing or hereafter acquired,
925		-	suitable for use by any retail or wholesale concern,
926		-	distributorship, or agency.
927		-	"Project" means an industrial, housing, residential,
928		-	commercial, or service project, or any combination thereof,
929		-	provided that all uses fall within one of the categories
930		-	described above. Any project automatically includes all site
931		-	improvements and new construction involving sidewalks, sewers,
932		-	solid waste and wastewater treatment and disposal sites and
933		-	other pollution control facilities, resource or waste
934		-	reduction, recovery, treatment and disposal facilities, parks,
935		-	open spaces, wildlife sanctuaries, streets, highways, and
936		-	runways.
937		-	"Lease agreement" means an agreement in which a project
938		-	acquired by the Authority by purchase, gift, or lease is
939		-	leased to any person or corporation that will use, or cause the
940		-	project to be used, as a project, upon terms providing for
941		-	lease rental payments at least sufficient to pay, when due,
942		-	all principal of and interest and premium, if any, on any
943		-	bonds, notes, or other evidences of indebtedness of the
944		-	Authority, issued with respect to the project, providing for
945		-	the maintenance, insurance, and operation of the project on
946		-
947		-
948		-	terms satisfactory to the Authority and providing for
949		-	disposition of the project upon termination of the lease term,
950		-	including purchase options or abandonment of the premises,
951		-	with other terms as may be deemed desirable by the Authority.
952		-	"Loan agreement" means any agreement in which the
953		-	Authority agrees to loan the proceeds of its bonds, notes, or
954		-	other evidences of indebtedness, issued with respect to a
955		-	project, to any person or corporation which will use or cause
956		-	the project to be used as a project, upon terms providing for
957		-	loan repayment installments at least sufficient to pay, when
958		-	due, all principal of and interest and premium, if any, on any
959		-	bonds, notes, or other evidences of indebtedness of the
960		-	Authority issued with respect to the project, providing for
961		-	maintenance, insurance, and operation of the project on terms
962		-	satisfactory to the Authority and providing for other terms
963		-	deemed advisable by the Authority.
964		-	"Financial aid" means the expenditure of Authority funds
965		-	or funds provided by the Authority for the development,
966		-	construction, acquisition or improvement of a project, through
967		-	the issuance of revenue bonds, notes, or other evidences of
968		-	indebtedness.
969		-	"Costs incurred in connection with the development,
970		-	construction, acquisition or improvement of a project" means
971		-	the following:
972		-	(1) the cost of purchase and construction of all lands
973		-	and improvements in connection therewith and equipment and
974		-
975		-
976		-	other property, rights, easements, and franchises acquired
977		-	which are deemed necessary for the construction;
978		-	(2) financing charges;
979		-	(3) interest costs with respect to bonds, notes, and
980		-	other evidences of indebtedness of the Authority prior to
981		-	and during construction and for a period of 6 months
982		-	thereafter;
983		-	(4) engineering and legal expenses; and
984		-	(5) the costs of plans, specifications, surveys, and
985		-	estimates of costs and other expenses necessary or
986		-	incident to determining the feasibility or practicability
987		-	of any project, together with such other expenses as may
988		-	be necessary or incident to the financing, insuring,
989		-	acquisition, and construction of a specific project and
990		-	the placing of the same in operation.
991		-	(Source: P.A. 98-750, eff. 1-1-15.)
992		-	(70 ILCS 504/15)
993		-	Sec. 15. Creation.
994		-	(a) There is created a political subdivision, body
995		-	politic, and municipal corporation named the Central Illinois
996		-	Economic Development Authority. The territorial jurisdiction
997		-	of the Authority is that geographic area within the boundaries
998		-	of the following counties: Macon, Sangamon, Menard, Logan,
999		-	Christian, DeWitt, Macoupin, Montgomery, Calhoun, Greene, and
1000		-	Jersey and any navigable waters and air space located therein.
1001		-
1002		-
1003		-	(b) The governing and administrative powers of the
1004		-	Authority shall be vested in a body consisting of 15 members as
1005		-	follows:
1006		-	(1) Ex officio members. The Director of Commerce and
1007		-	Economic Opportunity, or a designee of that Department,
1008		-	shall serve as an ex officio member.
1009		-	(2) Public members. Three members shall be appointed
1010		-	by the Governor with the advice and consent of the Senate.
1011		-	The county board chairperson of the following counties
1012		-	shall each appoint one member: Macon, Sangamon, Menard,
1013		-	Logan, Christian, DeWitt, Macoupin, Montgomery, Calhoun,
1014		-	Greene, and Jersey. All public members shall reside within
1015		-	the territorial jurisdiction of the Authority. The public
1016		-	members shall be persons of recognized ability and
1017		-	experience in one or more of the following areas: economic
1018		-	development, finance, banking, industrial development,
1019		-	state or local government, commercial agriculture, small
1020		-	business management, real estate development, community
1021		-	development, venture finance, organized labor, or civic or
1022		-	community organization.
1023		-	(c) 8 members shall constitute a quorum, and the Board may
1024		-	not meet or take any action without a quorum present.
1025		-	(d) The chairperson of the Authority shall be elected
1026		-	annually by the Board and must be a public member that resides
1027		-	within the territorial jurisdiction of the Authority.
1028		-	(e) The terms of all initial members of the Authority
1029		-
1030		-
1031		-	shall begin 30 days after the effective date of this Act. Of
1032		-	the 3 original public members appointed by the Governor, 1
1033		-	shall serve until the third Monday in January, 2007; 1 shall
1034		-	serve until the third Monday in January, 2008; 1 shall serve
1035		-	until the third Monday in January, 2009. The initial terms of
1036		-	the original public members appointed by the county board
1037		-	chairpersons shall be determined by lot, according to the
1038		-	following schedule: (i) 3 shall serve until the third Monday
1039		-	in January, 2007, (ii) 3 shall serve until the third Monday in
1040		-	January, 2008, (iii) 3 shall serve until the third Monday in
1041		-	January, 2009, and (iv) 2 shall serve until the third Monday in
1042		-	January, 2010. All successors to these original public members
1043		-	shall be appointed by the original appointing authority and
1044		-	all appointments made by the Governor shall be made with the
1045		-	advice and consent of the Senate, pursuant to subsection (b),
1046		-	and shall hold office for a term of 6 years commencing the
1047		-	third Monday in January of the year in which their term
1048		-	commences, except in the case of an appointment to fill a
1049		-	vacancy. Vacancies occurring among the public members shall be
1050		-	filled for the remainder of the term. In case of vacancy in a
1051		-	Governor-appointed membership when the Senate is not in
1052		-	session, the Governor may make a temporary appointment until
1053		-	the next meeting of the Senate when a person shall be nominated
1054		-	to fill the office and, upon confirmation by the Senate, he or
1055		-	she shall hold office during the remainder of the term and
1056		-	until a successor is appointed and qualified. Members of the
1057		-
1058		-
1059		-	Authority are not entitled to compensation for their services
1060		-	as members but are entitled to reimbursement for all necessary
1061		-	expenses incurred in connection with the performance of their
1062		-	duties as members.
1063		-	(f) The Governor may remove any public member of the
1064		-	Authority appointed by the Governor or a predecessor Governor
1065		-	in case of incompetence, neglect of duty, or malfeasance in
1066		-	office. The chairperson of a county board may remove any
1067		-	public member appointed by that chairperson or a predecessor
1068		-	county board chairperson in case of incompetence, neglect of
1069		-	duty, or malfeasance in office.
1070		-	(g) The Board shall appoint an Executive Director who
1071		-	shall have a background in finance, including familiarity with
1072		-	the legal and procedural requirements of issuing bonds, real
1073		-	estate, or economic development and administration. The
1074		-	Executive Director shall hold office at the discretion of the
1075		-	Board. The Executive Director shall be the chief
1076		-	administrative and operational officer of the Authority, shall
1077		-	direct and supervise its administrative affairs and general
1078		-	management, perform such other duties as may be prescribed
1079		-	from time to time by the members, and receive compensation
1080		-	fixed by the Authority. The Department of Commerce and
1081		-	Economic Opportunity shall pay the compensation of the
1082		-	Executive Director from appropriations received for that
1083		-	purpose. The Executive Director shall attend all meetings of
1084		-	the Authority. However, no action of the Authority shall be
1085		-
1086		-
1087		-	invalid on account of the absence of the Executive Director
1088		-	from a meeting. The Authority may engage the services of the
1089		-	Illinois Finance Authority, attorneys, appraisers, engineers,
1090		-	accountants, credit analysts, and other consultants if the
1091		-	Central Illinois Economic Development Authority deems it
1092		-	advisable.
1093		-	(Source: P.A. 94-995, eff. 7-3-06.)
1094		-	(70 ILCS 504/21 new)
1095		-	Sec. 21. Requests for assistance; disclosure of economic
1096		-	interests.
1097		-	(a) The Authority may not hear a request for assistance
1098		-	from a restricted person. This prohibition extends to business
1099		-	relationships between a person who is an Authority leader
1100		-	within one year prior to the request for assistance and to any
1101		-	entity in which a restricted person holds or, within the past 2
1102		-	years, held an ownership interest of 10% or more.
1103		-	(b) An Authority leader shall disclose and recuse himself
1104		-	or herself from matters relating to requests for assistance
1105		-	from an entity that is relocating full-time employees from
1106		-	another Authority's counties if (i) both Authorities contract
1107		-	with or employ the same Authority leader or (ii) there is or,
1108		-	within the past 2 years of the request, there was a business
1109		-	relationship between the Authority leaders at the 2
1110		-	Authorities.
1111		-	(c) The Board of the Authority shall vote to renew the
1112		-
1113		-
1114		-	appointment of the Executive Director and other Authority
1115		-	leaders on an annual basis. All contracts shall be approved on
1116		-	an annual basis and use a public process to solicit
1117		-	applications. This requirement does not apply to full-time
1118		-	employees of the Authority unless otherwise required by
1119		-	applicable State law or local ordinance.
1120		-	(g) Each Authority leader shall submit a statement of
1121		-	economic interest in accordance with Article 4A of the
1122		-	Illinois Governmental Ethics Act. Additionally, each Authority
1123		-	leader shall disclose to the Board outside sources of income
1124		-	and any business relationships in economic development
1125		-	consulting or lobbying. Reporting shall include the source of
1126		-	income, services provided, and timeline of when services were
1127		-	provided. If the source of income is a firm or organization
1128		-	with multiple clients, the report shall list all of the
1129		-	entities for which the individual provided services.
1130		-	(70 ILCS 504/22 new)
1131		-	Sec. 22. Open meetings; record disclosure.
1132		-	(a) The Authority is subject to the Open Meetings Act and
1133		-	the Freedom of Information Act. Documents subject to the
1134		-	Freedom of Information Act include, but are not limited to,
1135		-	expenses, payroll, origination bonuses, and other financial
1136		-	details of the Authority.
1137		-	(b) A contract or agreement entered into by the Authority
1138		-	must be posted on the Authority's website. The Authority shall
1139		-
1140		-
1141		-	provide a detailed report of the Authority's financial
1142		-	information on the Authority's website, including, but not
1143		-	limited to, a statement of profits and losses, balance sheet,
1144		-	and income statement of the Authority.
1145		-	(70 ILCS 504/70)
1146		-	Sec. 70. Reports; commitment notice. The Authority shall
1147		-	annually submit a report of its finances to the Auditor
1148		-	General. The Authority shall annually submit a report of its
1149		-	activities to the Governor and to the General Assembly.
1150		-	The Authority shall provide notice to the General
1151		-	Assembly, the Department of Commerce and Economic Opportunity,
1152		-	and the Governor once the Authority enters into a commitment
1153		-	to support the financing of a project. The notice to the
1154		-	General Assembly shall be filed with the Clerk of the House of
1155		-	Representatives and the Secretary of the Senate, in electronic
1156		-	form only, in the manner that the Clerk and the Secretary shall
1157		-	direct.
1158		-	(Source: P.A. 94-995, eff. 7-3-06.)
1159		-	Section 20. The Eastern Illinois Economic Development
1160		-	Authority Act is amended by changing Sections 10, 15, and 70
1161		-	and by adding Sections 21 and 22 as follows:
1162		-	(70 ILCS 506/10)
1163		-	Sec. 10. Definitions. In this Act:
1164		-
1165		-
1166		-	"Authority" means the Eastern Illinois Economic
1167		-	Development Authority.
1168		-	"Authority leader" means the Executive Director, Assistant
1169		-	Executive Director, or any other person serving in a
1170		-	management, administrative, or leadership role at the
1171		-	Authority.
1172		-	"Governmental agency" means any federal, State, or local
1173		-	governmental body and any agency or instrumentality thereof,
1174		-	corporate or otherwise.
1175		-	"Person" means any natural person, firm, partnership,
1176		-	corporation, both domestic and foreign, company, association
1177		-	or joint stock association and includes any trustee, receiver,
1178		-	assignee or personal representative thereof.
1179		-	"Restricted person" means a person who has a familial or
1180		-	business relationship with an Authority leader.
1181		-	"Revenue bond" means any bond issued by the Authority, the
1182		-	principal and interest of which is payable solely from
1183		-	revenues or income derived from any project or activity of the
1184		-	Authority.
1185		-	"Board" means the Board of Directors of the Eastern
1186		-	Illinois Economic Development Authority.
1187		-	"Governor" means the Governor of the State of Illinois.
1188		-	"City" means any city, village, incorporated town, or
1189		-	township within the geographical territory of the Authority.
1190		-	"Industrial project" means the following:
1191		-	(1) a capital project, including one or more buildings
1192		-
1193		-
1194		-	and other structures, improvements, machinery and
1195		-	equipment whether or not on the same site or sites now
1196		-	existing or hereafter acquired, suitable for use by any
1197		-	manufacturing, industrial, research, transportation or
1198		-	commercial enterprise including but not limited to use as
1199		-	a factory, mill, processing plant, assembly plant,
1200		-	packaging plant, fabricating plant, ethanol plant, office
1201		-	building, industrial distribution center, warehouse,
1202		-	repair, overhaul or service facility, freight terminal,
1203		-	research facility, test facility, railroad facility, port
1204		-	facility, solid waste and wastewater treatment and
1205		-	disposal sites and other pollution control facilities,
1206		-	resource or waste reduction, recovery, treatment and
1207		-	disposal facilities, and including also the sites thereof
1208		-	and other rights in land therefore whether improved or
1209		-	unimproved, site preparation and landscaping and all
1210		-	appurtenances and facilities incidental thereto such as
1211		-	utilities, access roads, railroad sidings, truck docking
1212		-	and similar facilities, parking facilities, dockage,
1213		-	wharfage, railroad roadbed, track, trestle, depot,
1214		-	terminal, switching and signaling equipment or related
1215		-	equipment and other improvements necessary or convenient
1216		-	thereto; or
1217		-	(2) any land, buildings, machinery or equipment
1218		-	comprising an addition to or renovation, rehabilitation or
1219		-	improvement of any existing capital project.
1220		-
1221		-
1222		-	"Housing project" or "residential project" includes a
1223		-	specific work or improvement undertaken to provide dwelling
1224		-	accommodations, including the acquisition, construction, or
1225		-	rehabilitation of lands, buildings, and community facilities,
1226		-	and to provide non-housing facilities which are an integral
1227		-	part of a planned large-scale project or new community.
1228		-	"Commercial project" means any project, including, but not
1229		-	limited to, one or more buildings and other structures,
1230		-	improvements, machinery, and equipment, whether or not on the
1231		-	same site or sites now existing or hereafter acquired,
1232		-	suitable for use by any retail or wholesale concern,
1233		-	distributorship, or agency.
1234		-	"Project" means an industrial, housing, residential,
1235		-	commercial, or service project, or any combination thereof,
1236		-	provided that all uses fall within one of the categories
1237		-	described above. Any project automatically includes all site
1238		-	improvements and new construction involving sidewalks, sewers,
1239		-	solid waste and wastewater treatment and disposal sites and
1240		-	other pollution control facilities, resource or waste
1241		-	reduction, recovery, treatment and disposal facilities, parks,
1242		-	open spaces, wildlife sanctuaries, streets, highways, and
1243		-	runways.
1244		-	"Lease agreement" means an agreement in which a project
1245		-	acquired by the Authority by purchase, gift, or lease is
1246		-	leased to any person or corporation that will use, or cause the
1247		-	project to be used, as a project, upon terms providing for
1248		-
1249		-
1250		-	lease rental payments at least sufficient to pay, when due,
1251		-	all principal of and interest and premium, if any, on any
1252		-	bonds, notes, or other evidences of indebtedness of the
1253		-	Authority, issued with respect to the project, providing for
1254		-	the maintenance, insurance, and operation of the project on
1255		-	terms satisfactory to the Authority and providing for
1256		-	disposition of the project upon termination of the lease term,
1257		-	including purchase options or abandonment of the premises,
1258		-	with other terms as may be deemed desirable by the Authority.
1259		-	"Loan agreement" means any agreement in which the
1260		-	Authority agrees to loan the proceeds of its bonds, notes, or
1261		-	other evidences of indebtedness, issued with respect to a
1262		-	project, to any person or corporation which will use or cause
1263		-	the project to be used as a project, upon terms providing for
1264		-	loan repayment installments at least sufficient to pay, when
1265		-	due, all principal of and interest and premium, if any, on any
1266		-	bonds, notes, or other evidences of indebtedness of the
1267		-	Authority issued with respect to the project, providing for
1268		-	maintenance, insurance, and operation of the project on terms
1269		-	satisfactory to the Authority and providing for other terms
1270		-	deemed advisable by the Authority.
1271		-	"Financial aid" means the expenditure of Authority funds
1272		-	or funds provided by the Authority for the development,
1273		-	construction, acquisition or improvement of a project, through
1274		-	the issuance of revenue bonds, notes, or other evidences of
1275		-	indebtedness.
1276		-
1277		-
1278		-	"Costs incurred in connection with the development,
1279		-	construction, acquisition or improvement of a project" means
1280		-	the following:
1281		-	(1) the cost of purchase and construction of all lands
1282		-	and improvements in connection therewith and equipment and
1283		-	other property, rights, easements, and franchises acquired
1284		-	which are deemed necessary for the construction;
1285		-	(2) financing charges;
1286		-	(3) interest costs with respect to bonds, notes, and
1287		-	other evidences of indebtedness of the Authority prior to
1288		-	and during construction and for a period of 6 months
1289		-	thereafter;
1290		-	(4) engineering and legal expenses; and
1291		-	(5) the costs of plans, specifications, surveys, and
1292		-	estimates of costs and other expenses necessary or
1293		-	incident to determining the feasibility or practicability
1294		-	of any project, together with such other expenses as may
1295		-	be necessary or incident to the financing, insuring,
1296		-	acquisition, and construction of a specific project and
1297		-	the placing of the same in operation.
1298		-	(Source: P.A. 98-750, eff. 1-1-15.)
1299		-	(70 ILCS 506/15)
1300		-	Sec. 15. Creation.
1301		-	(a) There is created a political subdivision, body
1302		-	politic, and municipal corporation named the Eastern Illinois
1303		-
1304		-
1305		-	Economic Development Authority. The territorial jurisdiction
1306		-	of the Authority is that geographic area within the boundaries
1307		-	of the following counties: Ford, Iroquois, Piatt, Champaign,
1308		-	Vermilion, Douglas, Moultrie, Shelby, Coles, and Edgar and any
1309		-	navigable waters and air space located therein.
1310		-	(b) The governing and administrative powers of the
1311		-	Authority shall be vested in a body consisting of 14 members as
1312		-	follows:
1313		-	(1) Ex officio members. The Director of Commerce and
1314		-	Economic Opportunity, or a designee of that Department,
1315		-	shall serve as an ex officio member.
1316		-	(2) Public members. Three members shall be appointed
1317		-	by the Governor with the advice and consent of the Senate.
1318		-	The county board chairperson of the following counties
1319		-	shall each appoint one member: Ford, Iroquois, Piatt,
1320		-	Champaign, Vermilion, Douglas, Moultrie, Shelby, Coles,
1321		-	and Edgar. All public members shall reside within the
1322		-	territorial jurisdiction of the Authority. The public
1323		-	members shall be persons of recognized ability and
1324		-	experience in one or more of the following areas: economic
1325		-	development, finance, banking, industrial development,
1326		-	state or local government, commercial agriculture, small
1327		-	business management, real estate development, community
1328		-	development, venture finance, organized labor, or civic or
1329		-	community organization.
1330		-	(c) A majority of the members appointed under item (2) of
1331		-
1332		-
1333		-	subsection (b) of this Section shall constitute a quorum, and
1334		-	the Board may not meet or take any action without a quorum
1335		-	present.
1336		-	(d) The chairperson of the Authority shall be elected
1337		-	annually by the Board and must be a public member that resides
1338		-	within the territorial jurisdiction of the Authority.
1339		-	(e) The terms of all initial members of the Authority
1340		-	shall begin 30 days after the effective date of this Act. Of
1341		-	the 3 original public members appointed by the Governor, 1
1342		-	shall serve until the third Monday in January, 2006; 1 shall
1343		-	serve until the third Monday in January, 2007; 1 shall serve
1344		-	until the third Monday in January, 2008. The initial terms of
1345		-	the original public members appointed by the county board
1346		-	chairpersons shall be determined by lot, according to the
1347		-	following schedule: (i) 2 shall serve until the third Monday
1348		-	in January, 2006, (ii) 2 shall serve until the third Monday in
1349		-	January, 2007, (iii) 2 shall serve until the third Monday in
1350		-	January, 2008, (iv) 2 shall serve until the third Monday in
1351		-	January, 2009, and (v) 2 shall serve until the third Monday in
1352		-	January, 2010. All successors to these original public members
1353		-	shall be appointed by the original appointing authority and
1354		-	all appointments made by the Governor shall be made with the
1355		-	advice and consent of the Senate, pursuant to subsection (b),
1356		-	and shall hold office for a term of 6 years commencing the
1357		-	third Monday in January of the year in which their term
1358		-	commences, except in the case of an appointment to fill a
1359		-
1360		-
1361		-	vacancy. Vacancies occurring among the public members shall be
1362		-	filled for the remainder of the term. In case of vacancy in a
1363		-	Governor-appointed membership when the Senate is not in
1364		-	session, the Governor may make a temporary appointment until
1365		-	the next meeting of the Senate when a person shall be nominated
1366		-	to fill the office and, upon confirmation by the Senate, he or
1367		-	she shall hold office during the remainder of the term and
1368		-	until a successor is appointed and qualified. Members of the
1369		-	Authority are not entitled to compensation for their services
1370		-	as members but are entitled to reimbursement for all necessary
1371		-	expenses incurred in connection with the performance of their
1372		-	duties as members.
1373		-	(f) The Governor or a county board chairperson, as the
1374		-	case may be, may remove any public member of the Authority in
1375		-	case of incompetence, neglect of duty, or malfeasance in
1376		-	office. The chairperson of a county board may remove any
1377		-	public member appointed by that chairperson in the case of
1378		-	incompetence, neglect of duty, or malfeasance in office.
1379		-	(g) The Board shall appoint an Executive Director who
1380		-	shall have a background in finance, including familiarity with
1381		-	the legal and procedural requirements of issuing bonds, real
1382		-	estate, or economic development and administration. The
1383		-	Executive Director shall hold office at the discretion of the
1384		-	Board. The Executive Director shall be the chief
1385		-	administrative and operational officer of the Authority, shall
1386		-	direct and supervise its administrative affairs and general
1387		-
1388		-
1389		-	management, perform such other duties as may be prescribed
1390		-	from time to time by the members, and receive compensation
1391		-	fixed by the Authority. The Department of Commerce and
1392		-	Economic Opportunity shall pay the compensation of the
1393		-	Executive Director from appropriations received for that
1394		-	purpose. The Executive Director shall attend all meetings of
1395		-	the Authority. However, no action of the Authority shall be
1396		-	invalid on account of the absence of the Executive Director
1397		-	from a meeting. The Authority may engage the services of the
1398		-	Illinois Finance Authority, attorneys, appraisers, engineers,
1399		-	accountants, credit analysts, and other consultants if the
1400		-	Eastern Illinois Economic Development Authority deems it
1401		-	advisable.
1402		-	(Source: P.A. 94-203, eff. 7-13-05; 95-854, eff. 8-18-08.)
1403		-	(70 ILCS 506/21 new)
1404		-	Sec. 21. Requests for assistance; disclosure of economic
1405		-	interests.
1406		-	(a) The Authority may not hear a request for assistance
1407		-	from a restricted person. This prohibition extends to business
1408		-	relationships between a person who is an Authority leader
1409		-	within one year prior to the request for assistance and to any
1410		-	entity in which a restricted person holds or, within the past 2
1411		-	years, held an ownership interest of 10% or more.
1412		-	(b) An Authority leader shall disclose and recuse himself
1413		-	or herself from matters relating to requests for assistance
1414		-
1415		-
1416		-	from an entity that is relocating full-time employees from
1417		-	another Authority's counties if (i) both Authorities contract
1418		-	with or employ the same Authority leader or (ii) there is or,
1419		-	within the past 2 years of the request, there was a business
1420		-	relationship between the Authority leaders at the 2
1421		-	Authorities.
1422		-	(c) The Board of the Authority shall vote to renew the
1423		-	appointment of the Executive Director and other Authority
1424		-	leaders on an annual basis. All contracts shall be approved on
1425		-	an annual basis and use a public process to solicit
1426		-	applications. This requirement does not apply to full-time
1427		-	employees of the Authority unless otherwise required by
1428		-	applicable State law or local ordinance.
1429		-	(d) Each Authority leader shall submit a statement of
1430		-	economic interest in accordance with Article 4A of the
1431		-	Illinois Governmental Ethics Act. Additionally, each Authority
1432		-	leader shall disclose to the Board outside sources of income
1433		-	and any business relationships in economic development
1434		-	consulting or lobbying. Reporting shall include the source of
1435		-	income, services provided, and timeline of when services were
1436		-	provided. If the source of income is a firm or organization
1437		-	with multiple clients, the report shall list all of the
1438		-	entities for which the individual provided services.
1439		-	(70 ILCS 506/22 new)
1440		-	Sec. 22. Open meetings; record disclosure.
1441		-
1442		-
1443		-	(a) The Authority is subject to the Open Meetings Act and
1444		-	the Freedom of Information Act. Documents subject to the
1445		-	Freedom of Information Act include, but are not limited to,
1446		-	expenses, payroll, origination bonuses, and other financial
1447		-	details of the Authority.
1448		-	(b) A contract or agreement entered into by the Authority
1449		-	must be posted on the Authority's website. The Authority shall
1450		-	provide a detailed report of the Authority's financial
1451		-	information on the Authority's website, including, but not
1452		-	limited to, a statement of profits and losses, balance sheet,
1453		-	and income statement of the Authority.
1454		-	(70 ILCS 506/70)
1455		-	Sec. 70. Reports; commitment notice. The Authority shall
1456		-	annually submit a report of its finances to the Auditor
1457		-	General. The Authority shall annually submit a report of its
1458		-	activities to the Governor and to the General Assembly.
1459		-	The Authority shall provide notice to the General
1460		-	Assembly, the Department of Commerce and Economic Opportunity,
1461		-	and the Governor once the Authority enters into a commitment
1462		-	to support the financing of a project. The notice to the
1463		-	General Assembly shall be filed with the Clerk of the House of
1464		-	Representatives and the Secretary of the Senate, in electronic
1465		-	form only, in the manner that the Clerk and the Secretary shall
1466		-	direct.
1467		-	(Source: P.A. 94-203, eff. 7-13-05.)
1468		-
1469		-
1470		-	Section 25. The Joliet Arsenal Development Authority Act
1471		-	is amended by changing Section 50 and by adding Sections
1472		-	10.75, 10.80, 20, 21, and 22 as follows:
1473		-	(70 ILCS 508/10.75 new)
1474		-	Sec. 10.75. Authority leader. "Authority leader" means the
1475		-	Executive Director, Assistant Executive Director, or any other
1476		-	person serving in a management, administrative, or leadership
1477		-	role at the Authority.
1478		-	(70 ILCS 508/10.80 new)
1479		-	Sec. 10.80. Restricted person. "Restricted person" means a
1480		-	person who has a familial or business relationship with an
1481		-	Authority leader.
1482		-	(70 ILCS 508/20)
1483		-	Sec. 20. Actions of the Authority. All official acts of
1484		-	the Authority shall require the affirmative vote of at least 6
1485		-	members of the Board at a meeting of the Board at which the
1486		-	members casting those affirmative votes are present. It is the
1487		-	duty of the Authority to promote development within its
1488		-	territorial jurisdiction. The Authority shall use the powers
1489		-	conferred on it by this Act to assist in the development,
1490		-	construction, and acquisition of industrial or commercial
1491		-	projects within its territorial jurisdiction.
1492		-
1493		-
1494		-	6 members shall constitute a quorum, and the Board may not
1495		-	meet or take any action without a quorum present.
1496		-	(Source: P.A. 89-333, eff. 8-17-95.)
1497		-	(70 ILCS 508/21 new)
1498		-	Sec. 21. Requests for assistance; disclosure of economic
1499		-	interests.
1500		-	(a) The Authority may not hear a request for assistance
1501		-	from a restricted person. This prohibition extends to business
1502		-	relationships between a person who is an Authority leader
1503		-	within one year prior to the request for assistance and to any
1504		-	entity in which a restricted person holds or, within the past 2
1505		-	years, held an ownership interest of 10% or more.
1506		-	(b) An Authority leader shall disclose and recuse himself
1507		-	or herself from matters relating to requests for assistance
1508		-	from an entity that is relocating full-time employees from
1509		-	another Authority's counties if (i) both Authorities contract
1510		-	with or employ the same Authority leader or (ii) there is or,
1511		-	within the past 2 years of the request, there was a business
1512		-	relationship between the Authority leaders at the 2
1513		-	Authorities.
1514		-	(c) The Board of the Authority shall vote to renew the
1515		-	appointment of the Executive Director and other Authority
1516		-	leaders on an annual basis. All contracts shall be approved on
1517		-	an annual basis and use a public process to solicit
1518		-	applications. This requirement does not apply to full-time
1519		-
1520		-
1521		-	employees of the Authority unless otherwise required by
1522		-	applicable State law or local ordinance.
1523		-	(d) Each Authority leader shall submit a statement of
1524		-	economic interest in accordance with Article 4A of the
1525		-	Illinois Governmental Ethics Act. Additionally, each Authority
1526		-	leader shall disclose to the Board outside sources of income
1527		-	and any business relationships in economic development
1528		-	consulting or lobbying. Reporting shall include the source of
1529		-	income, services provided, and timeline of when services were
1530		-	provided. If the source of income is a firm or organization
1531		-	with multiple clients, the report shall list all of the
1532		-	entities for which the individual provided services.
1533		-	(70 ILCS 508/22 new)
1534		-	Sec. 22. Open meetings; record disclosure.
1535		-	(a) The Authority is subject to the Open Meetings Act and
1536		-	the Freedom of Information Act. Documents subject to the
1537		-	Freedom of Information Act include, but are not limited to,
1538		-	expenses, payroll, origination bonuses, and other financial
1539		-	details of the Authority.
1540		-	(b) A contract or agreement entered into by the Authority
1541		-	must be posted on the Authority's website. The Authority shall
1542		-	provide a detailed report of the Authority's financial
1543		-	information on the Authority's website, including, but not
1544		-	limited to, a statement of profits and losses, balance sheet,
1545		-	and income statement of the Authority.
1546		-
1547		-
1548		-	(70 ILCS 508/50)
1549		-	Sec. 50. Reports; commitment notice. The Authority shall
1550		-	annually submit a report of its finances to the Auditor
1551		-	General. The Authority shall annually submit a report of its
1552		-	activities to the Governor and General Assembly.
1553		-	The Authority shall provide notice to the General
1554		-	Assembly, the Department of Commerce and Economic Opportunity,
1555		-	and the Governor once the Authority enters into a commitment
1556		-	to support the financing of a project. The notice to the
1557		-	General Assembly shall be filed with the Clerk of the House of
1558		-	Representatives and the Secretary of the Senate, in electronic
1559		-	form only, in the manner that the Clerk and the Secretary shall
1560		-	direct.
1561		-	(Source: P.A. 89-333, eff. 8-17-95.)
1562		-	Section 30. The Quad Cities Regional Economic Development
1563		-	Authority Act, approved September 22, 1987 is amended by
1564		-	changing Sections 3, 4, 5, 6, and 14 as follows:
1565		-	(70 ILCS 510/3) (from Ch. 85, par. 6203)
1566		-	Sec. 3. The following terms, whenever used or referred to
1567		-	in this Act, shall have the following meanings, except in such
1568		-	instances where the context may clearly indicate otherwise:
1569		-	(a) "Authority" means the Quad Cities Regional Economic
1570		-	Development Authority created by this Act.
1571		-
1572		-
1573		-	(a-5) "Authority leader" means the Executive Director,
1574		-	Assistant Executive Director, or any other person serving in a
1575		-	management, administrative, or leadership role at the
1576		-	Authority.
1577		-	(b) "Governmental agency" means any federal, State or
1578		-	local governmental body, and any agency or instrumentality
1579		-	thereof, corporate or otherwise.
1580		-	(c) "Person" means any natural person, firm, partnership,
1581		-	corporation, both domestic and foreign, company, association
1582		-	or joint stock association and includes any trustee, receiver,
1583		-	assignee or personal representative thereof.
1584		-	(c-5) "Restricted person" means a person who has a
1585		-	familial or business relationship with an Authority leader.
1586		-	(d) "Revenue bond" means any bond issued by the Authority
1587		-	the principal and interest of which is payable solely from
1588		-	revenues or income derived from any project or activity of the
1589		-	Authority.
1590		-	(e) "Board" means the Quad Cities Regional Economic
1591		-	Development Authority Board of Directors.
1592		-	(f) "Governor" means the Governor of the State of
1593		-	Illinois.
1594		-	(g) "City" means any city, village, incorporated town or
1595		-	township within the geographical territory of the Authority.
1596		-	(h) "Industrial project" means (1) a capital project,
1597		-	including one or more buildings and other structures,
1598		-	improvements, machinery and equipment whether or not on the
1599		-
1600		-
1601		-	same site or sites now existing or hereafter acquired,
1602		-	suitable for use by any manufacturing, industrial, research,
1603		-	transportation or commercial enterprise including but not
1604		-	limited to use as a factory, mill, processing plant, assembly
1605		-	plant, packaging plant, fabricating plant, office building,
1606		-	industrial distribution center, warehouse, repair, overhaul or
1607		-	service facility, freight terminal, research facility, test
1608		-	facility, railroad facility, solid waste and wastewater
1609		-	treatment and disposal sites and other pollution control
1610		-	facilities, resource or waste reduction, recovery, treatment
1611		-	and disposal facilities, and including also the sites thereof
1612		-	and other rights in land therefor whether improved or
1613		-	unimproved, site preparation and landscaping and all
1614		-	appurtenances and facilities incidental thereto such as
1615		-	utilities, access roads, railroad sidings, truck docking and
1616		-	similar facilities, parking facilities, dockage, wharfage,
1617		-	railroad roadbed, track, trestle, depot, terminal, switching
1618		-	and signaling equipment or related equipment and other
1619		-	improvements necessary or convenient thereto; or (2) any land,
1620		-	buildings, machinery or equipment comprising an addition to or
1621		-	renovation, rehabilitation or improvement of any existing
1622		-	capital project.
1623		-	(i) "Housing project" or "residential project" includes a
1624		-	specific work or improvement undertaken to provide dwelling
1625		-	accommodations, including the acquisition, construction or
1626		-	rehabilitation of lands, buildings and community facilities
1627		-
1628		-
1629		-	and in connection therewith to provide nonhousing facilities
1630		-	which are an integral part of a planned large-scale project or
1631		-	new community.
1632		-	(j) "Commercial project" means any project, including but
1633		-	not limited to one or more buildings and other structures,
1634		-	improvements, machinery and equipment whether or not on the
1635		-	same site or sites now existing or hereafter acquired,
1636		-	suitable for use by any retail or wholesale concern,
1637		-	distributorship or agency, any cultural facilities of a
1638		-	for-profit or not-for-profit type including but not limited to
1639		-	educational, theatrical, recreational and entertainment,
1640		-	sports facilities, racetracks, stadiums, convention centers,
1641		-	exhibition halls, arenas, opera houses and theaters,
1642		-	waterfront improvements, swimming pools, boat storage,
1643		-	moorage, docking facilities, restaurants, velodromes,
1644		-	coliseums, sports training facilities, parking facilities,
1645		-	terminals, hotels and motels, gymnasiums, medical facilities
1646		-	and port facilities.
1647		-	(k) "Project" means an industrial, housing, residential,
1648		-	commercial or service project or any combination thereof
1649		-	provided that all uses shall fall within one of the categories
1650		-	described above. Any project, of any nature whatsoever, shall
1651		-	automatically include all site improvements and new
1652		-	construction involving sidewalks, sewers, solid waste and
1653		-	wastewater treatment and disposal sites and other pollution
1654		-	control facilities, resource or waste reduction, recovery,
1655		-
1656		-
1657		-	treatment and disposal facilities, parks, open spaces,
1658		-	wildlife sanctuaries, streets, highways and runways.
1659		-	(l) "Lease agreement" shall mean an agreement whereby a
1660		-	project acquired by the Authority by purchase, gift or lease
1661		-	is leased to any person or corporation which will use or cause
1662		-	the project to be used as a project as heretofore defined upon
1663		-	terms providing for lease rental payments at least sufficient
1664		-	to pay when due all principal of and interest and premium, if
1665		-	any, on any bonds, notes or other evidences of indebtedness of
1666		-	the Authority issued with respect to such project, providing
1667		-	for the maintenance, insurance and operation of the project on
1668		-	terms satisfactory to the Authority and providing for
1669		-	disposition of the project upon termination of the lease term,
1670		-	including purchase options or abandonment of the premises,
1671		-	with such other terms as may be deemed desirable by the
1672		-	Authority.
1673		-	(m) "Loan agreement" means any agreement pursuant to which
1674		-	the Authority agrees to loan the proceeds of its bonds, notes
1675		-	or other evidences of indebtedness issued with respect to a
1676		-	project to any person or corporation which will use or cause
1677		-	the project to be used as a project as heretofore defined upon
1678		-	terms providing for loan repayment installments at least
1679		-	sufficient to pay when due all principal of and interest and
1680		-	premium, if any, on any bonds, notes or other evidences of
1681		-	indebtedness of the Authority issued with respect to the
1682		-	project, providing for maintenance, insurance and operation of
1683		-
1684		-
1685		-	the project on terms satisfactory to the Authority and
1686		-	providing for other matters as may be deemed advisable by the
1687		-	Authority.
1688		-	(n) "Financial aid" means the expenditure of Authority
1689		-	funds or funds provided by the Authority through the issuance
1690		-	of its revenue bonds, notes or other evidences of indebtedness
1691		-	for the development, construction, acquisition or improvement
1692		-	of a project.
1693		-	(o) "Costs incurred in connection with the development,
1694		-	construction, acquisition or improvement of a project" means
1695		-	the following: the cost of purchase and construction of all
1696		-	lands and improvements in connection therewith and equipment
1697		-	and other property, rights, easements and franchises acquired
1698		-	which are deemed necessary for such construction; financing
1699		-	charges; interest costs with respect to bonds, notes and other
1700		-	evidences of indebtedness of the Authority prior to and during
1701		-	construction and for a period of 6 months thereafter;
1702		-	engineering and legal expenses; the costs of plans,
1703		-	specifications, surveys and estimates of costs and other
1704		-	expenses necessary or incident to determining the feasibility
1705		-	or practicability of any project, together with such other
1706		-	expenses as may be necessary or incident to the financing,
1707		-	insuring, acquisition and construction of a specific project
1708		-	and the placing of the same in operation.
1709		-	(p) "Terminal" means a public place, station or depot for
1710		-	receiving and delivering passengers, baggage, mail, freight or
1711		-
1712		-
1713		-	express matter and any combination thereof in connection with
1714		-	the transportation of persons and property on water or land or
1715		-	in the air.
1716		-	(q) "Terminal facilities" means all land, buildings,
1717		-	structures, improvements, equipment and appliances useful in
1718		-	the operation of public warehouse, storage and transportation
1719		-	facilities and industrial, manufacturing or commercial
1720		-	activities for the accommodation of or in connection with
1721		-	commerce by water or land or in the air or useful as an aid, or
1722		-	constituting an advantage or convenience to, the safe landing,
1723		-	taking off and navigation of aircraft or the safe and
1724		-	efficient operation or maintenance of a public airport.
1725		-	(r) "Port facilities" means all public structures, except
1726		-	terminal facilities as defined herein, that are in, over,
1727		-	under or adjacent to navigable waters and are necessary for or
1728		-	incident to the furtherance of water commerce and includes the
1729		-	widening and deepening of slips, harbors and navigable waters.
1730		-	(s) "Airport" means any locality, either land or water,
1731		-	which is used or designed for the landing and taking off of
1732		-	aircraft or for the location of runways, landing fields,
1733		-	aerodromes, hangars, buildings, structures, airport roadways
1734		-	and other facilities.
1735		-	(Source: P.A. 85-713.)
1736		-	(70 ILCS 510/4) (from Ch. 85, par. 6204)
1737		-	Sec. 4. (a) There is hereby created a political
1738		-
1739		-
1740		-	subdivision, body politic and municipal corporation named the
1741		-	Quad Cities Regional Economic Development Authority. The
1742		-	territorial jurisdiction of the Authority is that geographic
1743		-	area within the boundaries of Jo Daviess, Carroll, Whiteside,
1744		-	Stephenson, Lee, Rock Island, Henry, Knox, and Mercer,
1745		-	Winnebago, and Boone counties in the State of Illinois and any
1746		-	navigable waters and air space located therein.
1747		-	(b) The governing and administrative powers of the
1748		-	Authority shall be vested in a body consisting of 18 16 members
1749		-	including, as an ex officio member, the Director of Commerce
1750		-	and Economic Opportunity, or his or her designee. The other
1751		-	members of the Authority shall be designated "public members",
1752		-	6 of whom shall be appointed by the Governor with the advice
1753		-	and consent of the Senate. Of the 6 members appointed by the
1754		-	Governor, one shall be from a city within the Authority's
1755		-	territory with a population of 25,000 or more and the
1756		-	remainder shall be appointed at large. Of the 6 members
1757		-	appointed by the Governor, 2 members shall have business or
1758		-	finance experience. One member shall be appointed by each of
1759		-	the county board chairmen of Rock Island, Henry, Knox, and
1760		-	Mercer, Winnebago, and Boone Counties with the advice and
1761		-	consent of the respective county board. Within 60 days after
1762		-	the effective date of this amendatory Act of the 97th General
1763		-	Assembly, one additional public member shall be appointed by
1764		-	each of the county board chairpersons of Jo Daviess, Carroll,
1765		-	Whiteside, Stephenson, and Lee counties with the advice and
1766		-
1767		-
1768		-	consent of the respective county board. Of the public members
1769		-	added by this amendatory Act of the 97th General Assembly, one
1770		-	shall serve for a one-year term, 2 shall serve for 2-year
1771		-	terms, and 2 shall serve for 3-year terms, to be determined by
1772		-	lot. Their successors shall serve for 3-year terms. Within 60
1773		-	days after the effective date of this amendatory Act of the
1774		-	103rd General Assembly, one additional public member shall be
1775		-	appointed by each of the county board chairperson of Winnebago
1776		-	and Boone counties with the advice and consent of the
1777		-	respective county board. Of the public members added by this
1778		-	amendatory Act of the 103rd General Assembly, one shall serve
1779		-	for a 2-year term and one shall serve for a 3-year term, to be
1780		-	determined by lot. Their successors shall serve for 3-year
1781		-	terms. All public members shall reside within the territorial
1782		-	jurisdiction of this Act. Ten Nine members shall constitute a
1783		-	quorum, and the Board may not meet or take any action without a
1784		-	quorum present. The public members shall be persons of
1785		-	recognized ability and experience in one or more of the
1786		-	following areas: economic development, finance, banking,
1787		-	industrial development, small business management, real estate
1788		-	development, community development, venture finance, organized
1789		-	labor or civic, community or neighborhood organization. The
1790		-	Chairman of the Authority shall be a public member elected by
1791		-	the affirmative vote of not fewer than 10 6 members of the
1792		-	Authority, except that any chairperson elected on or after the
1793		-	effective date of this amendatory Act of the 97th General
1794		-
1795		-
1796		-	Assembly shall be elected by the affirmative vote of not fewer
1797		-	than 9 members. The term of the Chairman shall be one year.
1798		-	(c) The terms of the initial members of the Authority
1799		-	shall begin 30 days after the effective date of this Act,
1800		-	except (i) the terms of those members added by this amendatory
1801		-	Act of 1989 shall begin 30 days after the effective date of
1802		-	this amendatory Act of 1989 and (ii) the terms of those members
1803		-	added by this amendatory Act of the 92nd General Assembly
1804		-	shall begin 30 days after the effective date of this
1805		-	amendatory Act of the 92nd General Assembly. Of the 10 public
1806		-	members appointed pursuant to this Act, 2 (one of whom shall be
1807		-	appointed by the Governor) shall serve until the third Monday
1808		-	in January, 1989, 2 (one of whom shall be appointed by the
1809		-	Governor) shall serve until the third Monday in January, 1990,
1810		-	2 (one of whom shall be appointed by the Governor) shall serve
1811		-	until the third Monday in January, 1991, 2 (both of whom shall
1812		-	be appointed by the Governor) shall serve until the third
1813		-	Monday in January, 1992, and 2 (one of whom shall be appointed
1814		-	by the Governor and one of whom shall be appointed by the
1815		-	county board chairman of Knox County) shall serve until the
1816		-	third Monday in January, 2004. The initial terms of the
1817		-	members appointed by the county board chairmen (other than the
1818		-	county board chairman of Knox County) shall be determined by
1819		-	lot. All successors shall be appointed by the original
1820		-	appointing authority and hold office for a term of 3 years
1821		-	commencing the third Monday in January of the year in which
1822		-
1823		-
1824		-	their term commences, except in case of an appointment to fill
1825		-	a vacancy. Vacancies occurring among the public members shall
1826		-	be filled for the remainder of the term. In case of vacancy in
1827		-	a Governor-appointed membership when the Senate is not in
1828		-	session, the Governor may make a temporary appointment until
1829		-	the next meeting of the Senate when a person shall be nominated
1830		-	to fill such office, and any person so nominated who is
1831		-	confirmed by the Senate shall hold office during the remainder
1832		-	of the term and until a successor shall be appointed and
1833		-	qualified. Members of the Authority shall not be entitled to
1834		-	compensation for their services as members but shall be
1835		-	entitled to reimbursement for all necessary expenses incurred
1836		-	in connection with the performance of their duties as members.
1837		-	(d) The Governor may remove any public member of the
1838		-	Authority appointed by the Governor in case of incompetency,
1839		-	neglect of duty, or malfeasance in office. The Chairman of a
1840		-	county board may remove any public member of the Authority
1841		-	appointed by such Chairman in the case of incompetency,
1842		-	neglect of duty, or malfeasance in office.
1843		-	(e) The Board shall appoint an Executive Director who
1844		-	shall have a background in finance, including familiarity with
1845		-	the legal and procedural requirements of issuing bonds, real
1846		-	estate or economic development and administration. The
1847		-	Executive Director shall hold office at the discretion of the
1848		-	Board. The Executive Director shall be the chief
1849		-	administrative and operational officer of the Authority, shall
1850		-
1851		-
1852		-	direct and supervise its administrative affairs and general
1853		-	management, shall perform such other duties as may be
1854		-	prescribed from time to time by the members and shall receive
1855		-	compensation fixed by the Authority. The Authority may engage
1856		-	the services of such other agents and employees, including
1857		-	attorneys, appraisers, engineers, accountants, credit analysts
1858		-	and other consultants, as it may deem advisable and may
1859		-	prescribe their duties and fix their compensation.
1860		-	(f) The Board shall create a task force to study and make
1861		-	recommendations to the Board on the economic development of
1862		-	the territory within the jurisdiction of this Act. The number
1863		-	of members constituting the task force shall be set by the
1864		-	Board and may vary from time to time. The Board may set a
1865		-	specific date by which the task force is to submit its final
1866		-	report and recommendations to the Board.
1867		-	(Source: P.A. 97-278, eff. 8-8-11; 98-463, eff. 8-16-13.)
1868		-	(70 ILCS 510/5) (from Ch. 85, par. 6205)
1869		-	Sec. 5. Conflicts of interest; requests for assistance;
1870		-	disclosure of economic interests. Interest. Members or
1871		-	employees of authority - conflicting relations or interests -
1872		-	effects.
1873		-	(a) No member of the Authority or officer, agent or
1874		-	employee thereof other than the representatives of a
1875		-	professional sports team shall, in his or her own name or in
1876		-	the name of a nominee, be an officer, director or hold an
1877		-
1878		-
1879		-	ownership interest of more than 7-1/2% in any person,
1880		-	association, trust, corporation, partnership or other entity
1881		-	which is, in its own name or in the name of a nominee, a party
1882		-	to a contract or agreement upon which the member or officer,
1883		-	agent or employee may be called upon to act or vote.
1884		-	(b) With respect to any direct or any indirect interest,
1885		-	other than an interest prohibited in subsection (a), in a
1886		-	contract or agreement upon which the member or officer, agent
1887		-	or employee may be called upon to act or vote, a member of the
1888		-	Authority or officer, agent or employee thereof shall disclose
1889		-	the same to the secretary of the Authority prior to the taking
1890		-	of final action by the Authority concerning such contract or
1891		-	agreement and shall so disclose the nature and extent of such
1892		-	interest and his or her acquisition thereof, which disclosures
1893		-	shall be publicly acknowledged by the Authority and entered
1894		-	upon the minutes of the Authority. If a member of the Authority
1895		-	or officer, agent or employee thereof holds such an interest
1896		-	then he or she shall refrain from any further official
1897		-	involvement in regard to such contract or agreement, from
1898		-	voting on any matter pertaining to such contract or agreement,
1899		-	and from communicating with other members of the Authority or
1900		-	its officers, agents and employees concerning said contract or
1901		-	agreement. Notwithstanding any other provision of law, any
1902		-	contract or agreement entered into in conformity with this
1903		-	subsection (b) shall not be void or invalid by reason of the
1904		-	interest described in this subsection, nor shall any person so
1905		-
1906		-
1907		-	disclosing the interest and refraining from further official
1908		-	involvement as provided in this subsection be guilty of an
1909		-	offense, be removed from office or be subject to any other
1910		-	penalty on account of such interest.
1911		-	(c) Any contract or agreement made in violation of
1912		-	subsection (a) or (b) of this Section shall be null and void
1913		-	and give rise to no action against the Authority. No real
1914		-	estate to which a member or employee of the Authority holds
1915		-	legal title or in which such person has any beneficial
1916		-	interest, including any interest in a land trust, shall be
1917		-	purchased by the Authority or by a nonprofit corporation or
1918		-	limited-profit entity for a development to be financed under
1919		-	this Act. All members and employees of the Authority shall
1920		-	file annually with the Authority a record of all real estate in
1921		-	this State of which such person holds legal title or in which
1922		-	such person has any beneficial interest, including any
1923		-	interest in a land trust. In the event it is later disclosed
1924		-	that the Authority has purchased real estate in which a member
1925		-	or employee had an interest, such purchase shall be voidable
1926		-	by the Authority and the member or employee involved shall be
1927		-	disqualified from membership in or employment by the
1928		-	Authority.
1929		-	(d) The Authority may not hear a request for assistance
1930		-	from a restricted person. This prohibition extends to business
1931		-	relationships between a person who is an Authority leader
1932		-	within one year prior to the request for assistance and to any
1933		-
1934		-
1935		-	entity in which a restricted person holds or, within the past 2
1936		-	years, held an ownership interest of 10% or more.
1937		-	(e) An Authority leader shall disclose and recuse himself
1938		-	or herself from matters relating to requests for assistance
1939		-	from an entity that is relocating full-time employees from
1940		-	another Authority's counties if (i) both Authorities contract
1941		-	with or employ the same Authority leader or (ii) there is or,
1942		-	within the past 2 years of the request, there was a business
1943		-	relationship between the Authority leaders at the 2
1944		-	Authorities.
1945		-	(f) The Board of the Authority shall vote to renew the
1946		-	appointment of the Executive Director and other Authority
1947		-	leaders on an annual basis. All contracts shall be approved on
1948		-	an annual basis and use a public process to solicit
1949		-	applications. This requirement does not apply to full-time
1950		-	employees of the Authority unless otherwise required by
1951		-	applicable State law or local ordinance.
1952		-	(g) Each Authority leader shall submit a statement of
1953		-	economic interest in accordance with Article 4A of the
1954		-	Illinois Governmental Ethics Act. Additionally, each Authority
1955		-	leader shall disclose to the Board outside sources of income
1956		-	and any business relationships in economic development
1957		-	consulting or lobbying. Reporting shall include the source of
1958		-	income, services provided, and timeline of when services were
1959		-	provided. If the source of income is a firm or organization
1960		-	with multiple clients, the report shall list all of the
1961		-
1962		-
1963		-	entities for which the individual provided services.
1964		-	(Source: P.A. 85-713.)
1965		-	(70 ILCS 510/6) (from Ch. 85, par. 6206)
1966		-	Sec. 6. Records, and reports, and notices of the
1967		-	Authority. The secretary shall keep a record of the
1968		-	proceedings of the Authority. The treasurer of the Authority
1969		-	shall be custodian of all Authority funds, and shall be bonded
1970		-	in such amount as the other members of the Authority may
1971		-	designate. The accounts and bonds of the Authority shall be
1972		-	set up and maintained in a manner approved by the Auditor
1973		-	General, and the Authority shall file with the Auditor General
1974		-	a certified annual report within 120 days after the close of
1975		-	its fiscal year. The Authority shall also file with the
1976		-	Governor, the Secretary of the Senate, the Clerk of the House
1977		-	of Representatives, and the Commission on Government
1978		-	Forecasting and Accountability, by March 1 of each year, a
1979		-	written report covering its activities and any activities of
1980		-	any instrumentality corporation established pursuant to this
1981		-	Act for the previous fiscal year. In its report to be filed by
1982		-	March 1, 1988, the Authority shall present an economic
1983		-	development strategy for the Quad Cities region for the year
1984		-	beginning July 1, 1988 and for the 4 years next ensuing. In
1985		-	each annual report thereafter, the Authority shall make
1986		-	modifications in such economic development strategy for the 4
1987		-	years beginning on the next ensuing July 1, to reflect changes
1988		-
1989		-
1990		-	in economic conditions or other factors, including the
1991		-	policies of the Authority and the State of Illinois. It also
1992		-	shall present an economic development strategy for the fifth
1993		-	year beginning after the next ensuing July 1. The strategy
1994		-	shall recommend specific legislative and administrative action
1995		-	by the State, the Authority, units of local government or
1996		-	other governmental agencies. Such recommendations may include,
1997		-	but are not limited to, new programs, modifications to
1998		-	existing programs, credit enhancements for bonds issued by the
1999		-	Authority, and amendments to this Act. When filed, such report
2000		-	shall be a public record and open for inspection at the offices
2001		-	of the Authority during normal business hours.
2002		-	The Authority is subject to the Open Meetings Act and the
2003		-	Freedom of Information Act. Documents subject to the Freedom
2004		-	of Information Act include, but are not limited to, expenses,
2005		-	payroll, origination bonuses, and other financial details of
2006		-	the Authority.
2007		-	A contract or agreement entered into by the Authority must
2008		-	be posted on the Authority's website. The Authority shall
2009		-	provide a detailed report of the Authority's financial
2010		-	information on the Authority's website, including, but not
2011		-	limited to, a statement of profits and losses, balance sheet,
2012		-	and income statement of the Authority.
2013		-	The Authority shall provide notice to the General
2014		-	Assembly, the Department of Commerce and Economic Opportunity,
2015		-	and the Governor once the Authority enters into a commitment
2016		-
2017		-
2018		-	to support the financing of a project. The notice to the
2019		-	General Assembly shall be filed with the Clerk of the House of
2020		-	Representatives and the Secretary of the Senate, in electronic
2021		-	form only, in the manner that the Clerk and the Secretary shall
2022		-	direct.
2023		-	(Source: P.A. 100-1148, eff. 12-10-18.)
2024		-	(70 ILCS 510/14) (from Ch. 85, par. 6214)
2025		-	Sec. 14. Additional powers and duties.
2026		-	(a) The Authority may, but need not, acquire title to any
2027		-	project with respect to which it exercises its authority.
2028		-	(b) The Authority shall have the power to enter into
2029		-	intergovernmental agreements with the State of Illinois, the
2030		-	counties of Jo Daviess, Carroll, Whiteside, Stephenson, Lee,
2031		-	Knox, Winnebago, Boone, Rock Island, Henry, or Mercer, the
2032		-	State of Iowa or any authority established by the State of
2033		-	Iowa, the Illinois Finance Authority, the Illinois Housing
2034		-	Development Authority, the United States government and any
2035		-	agency or instrumentality of the United States, any unit of
2036		-	local government located within the territory of the Authority
2037		-	or any other unit of government to the extent allowed by
2038		-	Article VII, Section 10 of the Illinois Constitution and the
2039		-	Intergovernmental Cooperation Act.
2040		-	(c) The Authority shall have the power to share employees
2041		-	with other units of government, including agencies of the
2042		-	United States, agencies of the State of Illinois and agencies
2043		-
2044		-
2045		-	or personnel of any unit of local government.
2046		-	(d) The Authority shall have the power to exercise powers
2047		-	and issue bonds as if it were a municipality so authorized in
2048		-	Divisions 12.1, 74, 74.1, 74.3 and 74.5 of Article 11 of the
2049		-	Illinois Municipal Code.
2050		-	(Source: P.A. 93-205, eff. 1-1-04.)"; and
2051		-	Section 35. The Riverdale Development Authority Act is
2052		-	amended by changing Sections 10, 15, and 45 and by adding
2053		-	Sections 21 and 22 as follows:
2054		-	(70 ILCS 516/10)
2055		-	Sec. 10. Definitions. In this Act words and phrases have
2056		-	the meanings set forth in this Section.
2057		-	"Authority" means the Riverdale Development Authority
2058		-	created by this Act.
2059		-	"Authority leader" means the Executive Director,
2060		-	Assistant Executive Director, or any other person serving
2061		-	in a management, administrative, or leadership role at the
2062		-	Authority.
2063		-	"Board" means the Board of Directors of the Authority.
2064		-	"Costs incurred in connection with the development,
2065		-	construction, acquisition, or improvement of a project"
2066		-	means: the cost of purchase and construction of all lands
2067		-	and related improvements, together with the equipment and
2068		-	other property, rights, easements, and franchises acquired
2069		-
2070		-
2071		-	that are deemed necessary for the construction; the costs
2072		-	of environmental suits, studies and analyses and
2073		-	subsequent clean-up activities necessary to qualify the
2074		-	area as needing no further remediation; financing charges;
2075		-	interest costs with respect to revenue bonds, notes, and
2076		-	other evidences of indebtedness of the Authority prior to
2077		-	and during construction and for a period of 36 months
2078		-	thereafter; engineering and legal expenses; the costs of
2079		-	plans, specifications, surveys, and estimates of costs and
2080		-	other expenses necessary or incident to determining the
2081		-	feasibility or practicability of any project, together
2082		-	with such other expenses as may be necessary or incident
2083		-	to the financing, insuring, acquisition, and construction
2084		-	of a specific project and the placing of the project in
2085		-	operation.
2086		-	"Financial aid" means the expenditure of Authority
2087		-	funds or funds provided by the Authority through the
2088		-	issuance of its revenue bonds, notes, or other evidences
2089		-	of indebtedness for the development, construction,
2090		-	acquisition, or improvement of a project.
2091		-	"Governmental agency" means any federal, State, county
2092		-	or local governmental body, and any agency or
2093		-	instrumentality thereof, corporate or otherwise.
2094		-	"Lease agreement" means an agreement under which a
2095		-	project acquired by the Authority by purchase, gift, or
2096		-	lease is leased to any person or governmental agency that
2097		-
2098		-
2099		-	will use or cause the project to be used as a project upon
2100		-	terms providing for lease rental payments at least
2101		-	sufficient to pay when due the lessee's pro rata share of
2102		-	all principal and interest and premium, if any, on any
2103		-	revenue bonds, notes, or other evidences of indebtedness
2104		-	of the Authority issued with respect to the project,
2105		-	providing for the maintenance, insurance, and operation of
2106		-	the project on terms satisfactory to the Authority, and
2107		-	providing for disposition of the project upon termination
2108		-	of the lease term, including purchase options or
2109		-	abandonment of the premises, with such other terms as may
2110		-	be deemed desirable by the Authority.
2111		-	"Loan agreement" means any agreement by which the
2112		-	Authority agrees to loan the proceeds of its revenue
2113		-	bonds, notes, or other evidences of indebtedness issued
2114		-	with respect to a project to any person or governmental
2115		-	agency that will use or cause the project to be used as a
2116		-	project upon terms providing for loan repayment
2117		-	installments at least sufficient to pay when due the
2118		-	borrower's pro rata share of all principal of and interest
2119		-	and premium, if any, on any revenue bonds, notes, or other
2120		-	evidences of indebtedness of the Authority issued with
2121		-	respect to the project, providing for maintenance,
2122		-	insurance, and operation of the project on terms
2123		-	satisfactory to the Authority, and providing for other
2124		-	matters as may be deemed advisable by the Authority.
2125		-
2126		-
2127		-	"Person" includes without limitation an individual,
2128		-	corporation, partnership, unincorporated association, and
2129		-	any other legal entity, including a trustee, receiver,
2130		-	assignee, or personal representative of the entity.
2131		-	"Project" means an industrial, commercial,
2132		-	freight-oriented or residential project or any combination
2133		-	thereof provided that all uses shall fall within one of
2134		-	those categories, including but not limited to one or more
2135		-	buildings and other structures, improvements, machinery
2136		-	and equipment whether or not on the same site or any land,
2137		-	buildings, machinery, or equipment comprising an addition
2138		-	to or renovation, rehabilitation, or improvement of any
2139		-	existing capital project. Any project shall automatically
2140		-	include all site improvements and new construction
2141		-	involving sidewalks, sewers, landscaping and all
2142		-	appurtenances and facilities incidental thereto such as
2143		-	utilities, access roads, railroad sidings, truck docking,
2144		-	and similar facilities, parking facilities, railroad
2145		-	roadbed, track, trestle, depot, terminal, intermodal
2146		-	facilities, switching and signaling equipment, or related
2147		-	equipment and other improvements necessary or convenient
2148		-	thereto, solid waste and wastewater treatment and disposal
2149		-	sites and other pollution control facilities, resource or
2150		-	waste reduction, recovery, treatment, and disposal
2151		-	facilities, open spaces, streets, highways, and runways.
2152		-	"Restricted person" means a person who has a familial
2153		-
2154		-
2155		-	or business relationship with an Authority leader.
2156		-	"Revenue bond" or "bond" means any bond issued by the
2157		-	Authority under the supervision of the Illinois Finance
2158		-	Authority, the principal and interest of which are payable
2159		-	solely from revenues or income derived from any project or
2160		-	activity of the Authority.
2161		-	"Terminal" means a public place, station, or depot for
2162		-	receiving and delivering passengers, baggage, mail,
2163		-	freight, or express matter and any combination thereof in
2164		-	connection with the transportation of persons and property
2165		-	on land.
2166		-	"Terminal facilities" means all land, buildings,
2167		-	structures, improvements, equipment, and appliances useful
2168		-	in the operation of public warehouse, storage, and
2169		-	transportation facilities and industrial, manufacturing,
2170		-	or commercial activities for the accommodation of or in
2171		-	connection with commerce by land.
2172		-	(Source: P.A. 94-1093, eff. 1-26-07.)
2173		-	(70 ILCS 516/15)
2174		-	Sec. 15. Creation of Authority; Board members; officers.
2175		-	(a) The Riverdale Development Authority is created as a
2176		-	political subdivision, body politic, and municipal
2177		-	corporation.
2178		-	(b) The jurisdiction of the Authority shall extend over
2179		-	the approximately 1,200 acres (1.87 sq. miles), more or less,
2180		-
2181		-
2182		-	of largely industrial, commercial and residential property
2183		-	located between and adjacent to the CSX's Barr Yard and IHB's
2184		-	Blue Island Yard, exclusive of those yards and other rail
2185		-	lines and utility property, but including: the property
2186		-	generally bounded by I-57 on the west; east along Jackson
2187		-	Street and Indian Boundary Line to Halsted Avenue; south on
2188		-	Halsted to Forestview Avenue continuing east to the Norfolk
2189		-	Southern Railway; north along the Norfolk Southern Railway to
2190		-	the Little Calumet River, east along the River to the
2191		-	northeastern tip of the peninsula crossing the River at the
2192		-	height of 130th Street to the Canadian National-Illinois
2193		-	Central Railroad property line continuing south along the rail
2194		-	line and crossing the River again; east along the River to
2195		-	Indiana Avenue; south to 136th Street; west on 136th Street to
2196		-	the Norfolk Southern Railway then northwest to the northern
2197		-	boundary of Mohawk Park at the height of Blue Island-Riverdale
2198		-	Road and thence west on Blue Island-Riverdale Road to the
2199		-	eastern edge of the Commonwealth Edison easement at the height
2200		-	of Stewart Avenue and then south on Stewart Avenue to 142nd
2201		-	Street; west on 142nd Street continuing along the southern
2202		-	boundary of the IHB Blue Island Yard following this boundary
2203		-	line west to I-57.
2204		-	(c) The governing and administrative powers of the
2205		-	Authority shall be vested in its Board of Directors consisting
2206		-	of 5 members, 3 of whom shall be appointed by the Mayor of
2207		-	Riverdale and 2 of whom shall be appointed by the Governor. All
2208		-
2209		-
2210		-	persons appointed as members of the Board shall have
2211		-	recognized ability and experience in one or more of the
2212		-	following areas: economic development, finance, banking,
2213		-	industrial development, business management, real estate,
2214		-	community development, organized labor, or civic, community,
2215		-	or neighborhood organization.
2216		-	(d) The terms of the 5 initial appointees to the Authority
2217		-	shall commence 30 days after the effective date of this Act. Of
2218		-	the 5 appointees initially appointed (i) one of Riverdale's
2219		-	appointees and one of the Governor's appointees shall be
2220		-	appointed to serve terms expiring on the third Monday in
2221		-	January, 2009; (ii) one of Riverdale's appointees shall be
2222		-	appointed to serve a term expiring on the third Monday in
2223		-	January, 2010; and (iii) one of Riverdale's appointees and 1
2224		-	of the Governor's appointees shall be appointed to serve terms
2225		-	expiring on the third Monday in January, 2011. All successors
2226		-	shall be appointed by the original appointing authority and
2227		-	hold office for a term of 4 years commencing the third Monday
2228		-	in January of the year in which their term commences, except in
2229		-	case of an appointment to fill a vacancy. Vacancies shall be
2230		-	filled for the remainder of the term. Each member appointed to
2231		-	the Board shall serve until his or her successor is appointed
2232		-	and qualified.
2233		-	(e) The Chairperson of the Board shall be elected by the
2234		-	Board annually from among its members.
2235		-	(f) The appointing authority may remove any member of the
2236		-
2237		-
2238		-	Board in case of incompetency, neglect of duty, or malfeasance
2239		-	in office.
2240		-	(g) Members of the Board shall serve without compensation
2241		-	for their services as members but may be reimbursed for all
2242		-	necessary expenses incurred in connection with the performance
2243		-	of their duties as members.
2244		-	(h) The Board may appoint an Executive Director who shall
2245		-	have a background in administration, planning, real estate,
2246		-	economic development, finance, or law. The Executive Director
2247		-	shall hold office at the discretion of the Board. The
2248		-	Executive Director shall be the chief administrative and
2249		-	operational officer of the Authority, shall direct and
2250		-	supervise its administrative affairs and general management,
2251		-	shall perform such other duties as may be prescribed from time
2252		-	to time by the Board, and shall receive compensation fixed by
2253		-	the Board. The Executive Director shall attend all meetings of
2254		-	the Board; however, no action of the Board or the Authority
2255		-	shall be invalid on account of the absence of the Executive
2256		-	Director from a meeting. The Board may engage the services of
2257		-	such other agents and employees, including planners,
2258		-	attorneys, appraisers, engineers, accountants, credit analysts
2259		-	and other consultants, and may prescribe their duties and fix
2260		-	their compensation.
2261		-	(i) The Board shall meet on the call of its Chairperson or
2262		-	upon written notice of 3 members of the Board. 3 members shall
2263		-	constitute a quorum, and the Board may not meet or take any
2264		-
2265		-
2266		-	action without a quorum present.
2267		-	(j) All official acts of the Authority shall require the
2268		-	affirmative vote of at least 3 of the members of the Board
2269		-	present and voting at a meeting of the Board.
2270		-	(Source: P.A. 94-1093, eff. 1-26-07.)
2271		-	(70 ILCS 516/21 new)
2272		-	Sec. 21. Requests for assistance; disclosure of economic
2273		-	interests.
2274		-	(a) The Authority may not hear a request for assistance
2275		-	from a restricted person. This prohibition extends to business
2276		-	relationships between a person who is an Authority leader
2277		-	within one year prior to the request for assistance and to any
2278		-	entity in which a restricted person holds or, within the past 2
2279		-	years, held an ownership interest of 10% or more.
2280		-	(b) An Authority leader shall disclose and recuse himself
2281		-	or herself from matters relating to requests for assistance
2282		-	from an entity that is relocating full-time employees from
2283		-	another Authority's counties if (i) both Authorities contract
2284		-	with or employ the same Authority leader or (ii) there is or,
2285		-	within the past 2 years of the request, there was a business
2286		-	relationship between the Authority leaders at the 2
2287		-	Authorities.
2288		-	(c) The Board of the Authority shall vote to renew the
2289		-	appointment of the Executive Director and other Authority
2290		-	leaders on an annual basis. All contracts shall be approved on
2291		-
2292		-
2293		-	an annual basis and use a public process to solicit
2294		-	applications. This requirement does not apply to full-time
2295		-	employees of the Authority unless otherwise required by
2296		-	applicable State law or local ordinance.
2297		-	(d) Each Authority leader shall submit a statement of
2298		-	economic interest in accordance with Article 4A of the
2299		-	Illinois Governmental Ethics Act. Additionally, each Authority
2300		-	leader shall disclose to the Board outside sources of income
2301		-	and any business relationships in economic development
2302		-	consulting or lobbying. Reporting shall include the source of
2303		-	income, services provided, and timeline of when services were
2304		-	provided. If the source of income is a firm or organization
2305		-	with multiple clients, the report shall list all of the
2306		-	entities for which the individual provided services.
2307		-	(70 ILCS 516/22 new)
2308		-	Sec. 22. Open meetings; record disclosure.
2309		-	(a) The Authority is subject to the Open Meetings Act and
2310		-	the Freedom of Information Act. Documents subject to the
2311		-	Freedom of Information Act include, but are not limited to,
2312		-	expenses, payroll, origination bonuses, and other financial
2313		-	details of the Authority.
2314		-	(b) A contract or agreement entered into by the Authority
2315		-	must be posted on the Authority's website. The Authority shall
2316		-	provide a detailed report of the Authority's financial
2317		-	information on the Authority's website, including, but not
2318		-
2319		-
2320		-	limited to, a statement of profits and losses, balance sheet,
2321		-	and income statement of the Authority.
2322		-	(70 ILCS 516/45)
2323		-	Sec. 45. Reports; commitment notice. The Authority shall,
2324		-	annually, submit a report of its finances to the Auditor
2325		-	General. The Authority shall, annually, submit a report of its
2326		-	activities to the Governor and to the General Assembly.
2327		-	The Authority shall provide notice to the General
2328		-	Assembly, the Department of Commerce and Economic Opportunity,
2329		-	and the Governor once the Authority enters into a commitment
2330		-	to support the financing of a project. The notice to the
2331		-	General Assembly shall be filed with the Clerk of the House of
2332		-	Representatives and the Secretary of the Senate, in electronic
2333		-	form only, in the manner that the Clerk and the Secretary shall
2334		-	direct.
2335		-	(Source: P.A. 94-1093, eff. 1-26-07.)
2336		-	Section 40. The Southeastern Illinois Economic Development
2337		-	Authority Act is amended by changing Sections 15, 20, and 70
2338		-	and by adding Sections 26 and 27 as follows:
2339		-	(70 ILCS 518/15)
2340		-	Sec. 15. Definitions. In this Act:
2341		-	"Authority" means the Southeastern Illinois Economic
2342		-	Development Authority.
2343		-
2344		-
2345		-	"Authority leader" means the Executive Director, Assistant
2346		-	Executive Director, or any other person serving in a
2347		-	management, administrative, or leadership role at the
2348		-	Authority.
2349		-	"Governmental agency" means any federal, State, or local
2350		-	governmental body and any agency or instrumentality thereof,
2351		-	corporate or otherwise.
2352		-	"Person" means any natural person, firm, partnership,
2353		-	corporation, both domestic and foreign, company, association
2354		-	or joint stock association and includes any trustee, receiver,
2355		-	assignee or personal representative thereof.
2356		-	"Restricted person" means a person who has a familial or
2357		-	business relationship with an Authority leader.
2358		-	"Revenue bond" means any bond issued by the Authority, the
2359		-	principal and interest of which is payable solely from
2360		-	revenues or income derived from any project or activity of the
2361		-	Authority.
2362		-	"Board" means the Board of Directors of the Southeastern
2363		-	Illinois Economic Development Authority.
2364		-	"Governor" means the Governor of the State of Illinois.
2365		-	"City" means any city, village, incorporated town, or
2366		-	township within the geographical territory of the Authority.
2367		-	"Industrial project" means the following:
2368		-	(1) a capital project, including one or more buildings
2369		-	and other structures, improvements, machinery and
2370		-	equipment whether or not on the same site or sites now
2371		-
2372		-
2373		-	existing or hereafter acquired, suitable for use by any
2374		-	manufacturing, industrial, research, transportation or
2375		-	commercial enterprise including but not limited to use as
2376		-	a factory, mill, processing plant, assembly plant,
2377		-	packaging plant, fabricating plant, ethanol plant, office
2378		-	building, industrial distribution center, warehouse,
2379		-	repair, overhaul or service facility, freight terminal,
2380		-	research facility, test facility, power generation
2381		-	facility, mining operation, railroad facility, solid waste
2382		-	and wastewater treatment and disposal sites and other
2383		-	pollution control facilities, resource or waste reduction,
2384		-	recovery, treatment and disposal facilities,
2385		-	tourism-related facilities, including hotels, theaters,
2386		-	water parks, and amusement parks, and including also the
2387		-	sites thereof and other rights in land therefore whether
2388		-	improved or unimproved, site preparation and landscaping
2389		-	and all appurtenances and facilities incidental thereto
2390		-	such as utilities, access roads, railroad sidings, truck
2391		-	docking and similar facilities, parking facilities,
2392		-	dockage, wharfage, railroad roadbed, track, trestle,
2393		-	depot, terminal, switching and signaling equipment or
2394		-	related equipment and other improvements necessary or
2395		-	convenient thereto; or
2396		-	(2) any land, buildings, machinery or equipment
2397		-	comprising an addition to or renovation, rehabilitation or
2398		-	improvement of any existing capital project.
2399		-
2400		-
2401		-	"Housing project" or "residential project" includes a
2402		-	specific work or improvement undertaken to provide dwelling
2403		-	accommodations, including the acquisition, construction or
2404		-	rehabilitation of lands, buildings and community facilities
2405		-	and in connection therewith to provide nonhousing facilities
2406		-	which are an integral part of a planned large-scale project or
2407		-	new community.
2408		-	"Commercial project" means any project, including, but not
2409		-	limited to, one or more buildings and other structures,
2410		-	improvements, machinery, and equipment, whether or not on the
2411		-	same site or sites now existing or hereafter acquired,
2412		-	suitable for use by any retail or wholesale concern,
2413		-	distributorship, or agency, or health facility or retirement
2414		-	facility.
2415		-	"Project" means an industrial, housing, residential,
2416		-	commercial, or service project, or any combination thereof,
2417		-	provided that all uses fall within one of the categories
2418		-	described above. Any project automatically includes all site
2419		-	improvements and new construction involving sidewalks, sewers,
2420		-	solid waste and wastewater treatment and disposal sites and
2421		-	other pollution control facilities, resource or waste
2422		-	reduction, recovery, treatment and disposal facilities, parks,
2423		-	open spaces, wildlife sanctuaries, streets, highways, and
2424		-	runways.
2425		-	"Lease agreement" means an agreement in which a project
2426		-	acquired by the Authority by purchase, gift, or lease is
2427		-
2428		-
2429		-	leased to any person or corporation that will use, or cause the
2430		-	project to be used, as a project, upon terms providing for
2431		-	lease rental payments at least sufficient to pay, when due,
2432		-	all principal of and interest and premium, if any, on any
2433		-	bonds, notes, or other evidences of indebtedness of the
2434		-	Authority, issued with respect to the project, providing for
2435		-	the maintenance, insurance, and operation of the project on
2436		-	terms satisfactory to the Authority and providing for
2437		-	disposition of the project upon termination of the lease term,
2438		-	including purchase options or abandonment of the premises,
2439		-	with other terms as may be deemed desirable by the Authority.
2440		-	"Loan agreement" means any agreement in which the
2441		-	Authority agrees to loan the proceeds of its bonds, notes, or
2442		-	other evidences of indebtedness, issued with respect to a
2443		-	project, to any person or corporation which will use or cause
2444		-	the project to be used as a project, upon terms providing for
2445		-	loan repayment installments at least sufficient to pay, when
2446		-	due, all principal of and interest and premium, if any, on any
2447		-	bonds, notes, or other evidences of indebtedness of the
2448		-	Authority issued with respect to the project, providing for
2449		-	maintenance, insurance, and operation of the project on terms
2450		-	satisfactory to the Authority and providing for other terms
2451		-	deemed advisable by the Authority.
2452		-	"Financial aid" means the expenditure of Authority funds
2453		-	or funds provided by the Authority for the development,
2454		-	construction, acquisition or improvement of a project, through
2455		-
2456		-
2457		-	the issuance of revenue bonds, notes, or other evidences of
2458		-	indebtedness.
2459		-	"Costs incurred in connection with the development,
2460		-	construction, acquisition or improvement of a project" means
2461		-	the following:
2462		-	(1) the cost of purchase and construction of all lands
2463		-	and improvements in connection therewith and equipment and
2464		-	other property, rights, easements, and franchises acquired
2465		-	which are deemed necessary for the construction;
2466		-	(2) financing charges;
2467		-	(3) interest costs with respect to bonds, notes, and
2468		-	other evidences of indebtedness of the Authority prior to
2469		-	and during construction and for a period of 6 months
2470		-	thereafter;
2471		-	(4) engineering and legal expenses; and
2472		-	(5) the costs of plans, specifications, surveys, and
2473		-	estimates of costs and other expenses necessary or
2474		-	incident to determining the feasibility or practicability
2475		-	of any project, together with such other expenses as may
2476		-	be necessary or incident to the financing, insuring,
2477		-	acquisition, and construction of a specific project and
2478		-	the placing of the same in operation.
2479		-	(Source: P.A. 98-750, eff. 1-1-15.)
2480		-	(70 ILCS 518/20)
2481		-	Sec. 20. Creation.
2482		-
2483		-
2484		-	(a) There is created a political subdivision, body
2485		-	politic, and municipal corporation named the Southeastern
2486		-	Illinois Economic Development Authority. The territorial
2487		-	jurisdiction of the Authority is that geographic area within
2488		-	the boundaries of the following counties: Fayette, Cumberland,
2489		-	Clark, Effingham, Jasper, Crawford, Marion, Clay, Richland,
2490		-	Lawrence, Jefferson, Wayne, Edwards, Wabash, Hamilton, and
2491		-	White; Irvington Township in Washington County; and any
2492		-	navigable waters and air space located therein.
2493		-	(b) The governing and administrative powers of the
2494		-	Authority shall be vested in a body consisting of 27 members as
2495		-	follows:
2496		-	(1) Public members. Nine members shall be appointed by
2497		-	the Governor with the advice and consent of the Senate.
2498		-	The county board chairmen of the following counties shall
2499		-	each appoint one member: Clark, Clay, Crawford,
2500		-	Cumberland, Edwards, Effingham, Fayette, Hamilton, Jasper,
2501		-	Jefferson, Lawrence, Marion, Richland, Wabash, Washington,
2502		-	Wayne, and White.
2503		-	(2) One member shall be appointed by the Director of
2504		-	Commerce and Economic Opportunity.
2505		-	All public members shall reside within the territorial
2506		-	jurisdiction of the Authority. The public members shall be
2507		-	persons of recognized ability and experience in one or more of
2508		-	the following areas: economic development, finance, banking,
2509		-	industrial development, state or local government, commercial
2510		-
2511		-
2512		-	agriculture, small business management, real estate
2513		-	development, community development, venture finance, organized
2514		-	labor, or civic or community organization.
2515		-	(c) Fourteen members shall constitute a quorum, and the
2516		-	Board may not meet or take any action without a quorum present.
2517		-	(d) The chairman of the Authority shall be elected
2518		-	annually by the Board.
2519		-	(e) The terms of the initial members of the Authority
2520		-	shall begin 30 days after the effective date of this Act. Of
2521		-	the 10 original members appointed by the Governor and the
2522		-	Director of Commerce and Economic Opportunity pursuant to
2523		-	subsection (b), one shall serve until the third Monday in
2524		-	January, 2005; one shall serve until the third Monday in
2525		-	January, 2006; 2 shall serve until the third Monday in
2526		-	January, 2007; 2 shall serve until the third Monday in
2527		-	January, 2008; 2 shall serve until the third Monday in
2528		-	January, 2009; and 2 shall serve until the third Monday in
2529		-	January, 2010. The terms of the initial public members of the
2530		-	Authority appointed by the county board chairmen shall begin
2531		-	30 days after the effective date of this amendatory Act of the
2532		-	97th General Assembly. The terms of the initial public members
2533		-	appointed by the county board chairmen shall be determined by
2534		-	lot, according to the following schedule: (i) 4 shall serve
2535		-	until the third Monday in January, 2013, (ii) 4 shall serve
2536		-	until the third Monday in January, 2014, (iii) 3 shall serve
2537		-	until the third Monday in January, 2015, (iv) 3 shall serve
2538		-
2539		-
2540		-	until the third Monday in January, 2016, and (v) 3 shall serve
2541		-	until the third Monday in January, 2017. All successors to
2542		-	these initial members shall be appointed by the original
2543		-	appointing authority pursuant to subsection (b), and shall
2544		-	hold office for a term of 3 years commencing the third Monday
2545		-	in January of the year in which their term commences, except in
2546		-	the case of an appointment to fill a vacancy. Vacancies
2547		-	occurring among the members shall be filled for the remainder
2548		-	of the term. In case of a vacancy in a Governor-appointed
2549		-	membership when the Senate is not in session, the Governor may
2550		-	make a temporary appointment until the next meeting of the
2551		-	Senate when a person shall be nominated to fill the office and,
2552		-	upon confirmation by the Senate, he or she shall hold office
2553		-	during the remainder of the term and until a successor is
2554		-	appointed and qualified. Members of the Authority are not
2555		-	entitled to compensation for their services as members but are
2556		-	entitled to reimbursement for all necessary expenses incurred
2557		-	in connection with the performance of their duties as members.
2558		-	Members of the Board may participate in Board meetings by
2559		-	teleconference or video conference.
2560		-	(f) The Governor may remove any public member of the
2561		-	Authority appointed by the Governor, and the Director of
2562		-	Commerce and Economic Opportunity may remove any member
2563		-	appointed by the Director, in case of incompetence, neglect of
2564		-	duty, or malfeasance in office. The chairman of a county
2565		-	board, with the approval of a majority vote of the county
2566		-
2567		-
2568		-	board, may remove any public member appointed by that chairman
2569		-	in the case of incompetence, neglect of duty, or malfeasance
2570		-	in office.
2571		-	(g) The Board shall appoint an Executive Director who
2572		-	shall have a background in finance, including familiarity with
2573		-	the legal and procedural requirements of issuing bonds, real
2574		-	estate, or economic development and administration. The
2575		-	Executive Director shall hold office at the discretion of the
2576		-	Board. The Executive Director shall be the chief
2577		-	administrative and operational officer of the Authority, shall
2578		-	direct and supervise its administrative affairs and general
2579		-	management, perform such other duties as may be prescribed
2580		-	from time to time by the members, and receive compensation
2581		-	fixed by the Authority. The Executive Director shall attend
2582		-	all meetings of the Authority. However, no action of the
2583		-	Authority shall be invalid on account of the absence of the
2584		-	Executive Director from a meeting. The Authority may engage
2585		-	the services of the Illinois Finance Authority, attorneys,
2586		-	appraisers, engineers, accountants, credit analysts, and other
2587		-	consultants, if the Southeastern Illinois Economic Development
2588		-	Authority deems it advisable.
2589		-	(Source: P.A. 97-717, eff. 6-29-12.)
2590		-	(70 ILCS 518/26 new)
2591		-	Sec. 26. Requests for assistance; disclosure of economic
2592		-	interests.
2593		-
2594		-
2595		-	(a) The Authority may not hear a request for assistance
2596		-	from a restricted person. This prohibition extends to business
2597		-	relationships between a person who is an Authority leader
2598		-	within one year prior to the request for assistance and to any
2599		-	entity in which a restricted person holds or, within the past 2
2600		-	years, held an ownership interest of 10% or more.
2601		-	(b) An Authority leader shall disclose and recuse himself
2602		-	or herself from matters relating to requests for assistance
2603		-	from an entity that is relocating full-time employees from
2604		-	another Authority's counties if (i) both Authorities contract
2605		-	with or employ the same Authority leader or (ii) there is or,
2606		-	within the past 2 years of the request, there was a business
2607		-	relationship between the Authority leaders at the 2
2608		-	Authorities.
2609		-	(c) The Board of the Authority shall vote to renew the
2610		-	appointment of the Executive Director and other Authority
2611		-	leaders on an annual basis. All contracts shall be approved on
2612		-	an annual basis and use a public process to solicit
2613		-	applications. This requirement does not apply to full-time
2614		-	employees of the Authority unless otherwise required by
2615		-	applicable State law or local ordinance.
2616		-	(d) Each Authority leader shall submit a statement of
2617		-	economic interest in accordance with Article 4A of the
2618		-	Illinois Governmental Ethics Act. Additionally, each Authority
2619		-	leader shall disclose to the Board outside sources of income
2620		-	and any business relationships in economic development
2621		-
2622		-
2623		-	consulting or lobbying. Reporting shall include the source of
2624		-	income, services provided, and timeline of when services were
2625		-	provided. If the source of income is a firm or organization
2626		-	with multiple clients, the report shall list all of the
2627		-	entities for which the individual provided services.
2628		-	(70 ILCS 518/27 new)
2629		-	Sec. 27. Open meetings; record disclosure.
2630		-	(a) The Authority is subject to the Open Meetings Act and
2631		-	the Freedom of Information Act. Documents subject to the
2632		-	Freedom of Information Act include, but are not limited to,
2633		-	expenses, payroll, origination bonuses, and other financial
2634		-	details of the Authority.
2635		-	(b) A contract or agreement entered into by the Authority
2636		-	must be posted on the Authority's website. The Authority shall
2637		-	provide a detailed report of the Authority's financial
2638		-	information on the Authority's website, including, but not
2639		-	limited to, a statement of profits and losses, balance sheet,
2640		-	and income statement of the Authority.
2641		-	(70 ILCS 518/70)
2642		-	Sec. 70. Reports; commitment notice and audit.
2643		-	(a) The Authority shall annually submit a report of its
2644		-	finances to the Auditor General. The Authority shall annually
2645		-	submit a report of its activities to the Governor and to the
2646		-	General Assembly.
2647		-
2648		-
2649		-	(b) (Blank).
2650		-	(c) The Authority shall provide notice to the General
2651		-	Assembly, the Department of Commerce and Economic Opportunity,
2652		-	and the Governor once the Authority enters into a commitment
2653		-	to support the financing of a project. The notice to the
2654		-	General Assembly shall be filed with the Clerk of the House of
2655		-	Representatives and the Secretary of the Senate, in electronic
2656		-	form only, in the manner that the Clerk and the Secretary shall
2657		-	direct.
2658		-	(Source: P.A. 98-750, eff. 1-1-15.)
2659		-	Section 45. The Southern Illinois Economic Development
2660		-	Authority Act is amended by changing Sections 5-15, 5-20, and
2661		-	5-75 and by adding Sections 5-26 and 5-27 as follows:
2662		-	(70 ILCS 519/5-15)
2663		-	Sec. 5-15. Definitions. In this Act:
2664		-	"Authority" means the Southern Illinois Economic
2665		-	Development Authority.
2666		-	"Authority leader" means the Executive Director, Assistant
2667		-	Executive Director, or any other person serving in a
2668		-	management, administrative, or leadership role at the
2669		-	Authority.
2670		-	"Governmental agency" means any federal, State, or local
2671		-	governmental body and any agency or instrumentality thereof,
2672		-	corporate or otherwise.
2673		-
2674		-
2675		-	"Person" means any natural person, firm, partnership,
2676		-	corporation, both domestic and foreign, company, association
2677		-	or joint stock association and includes any trustee, receiver,
2678		-	assignee or personal representative thereof.
2679		-	"Restricted person" means a person who has a familial or
2680		-	business relationship with an Authority leader.
2681		-	"Revenue bond" means any bond issued by the Authority, the
2682		-	principal and interest of which is payable solely from
2683		-	revenues or income derived from any project or activity of the
2684		-	Authority.
2685		-	"Board" means the Board of Directors of the Southern
2686		-	Illinois Economic Development Authority.
2687		-	"Governor" means the Governor of the State of Illinois.
2688		-	"City" means any city, village, incorporated town, or
2689		-	township within the geographical territory of the Authority.
2690		-	"Industrial project" means the following:
2691		-	(1) a capital project, including one or more buildings
2692		-	and other structures, improvements, machinery and
2693		-	equipment whether or not on the same site or sites now
2694		-	existing or hereafter acquired, suitable for use by any
2695		-	manufacturing, industrial, research, transportation or
2696		-	commercial enterprise including but not limited to use as
2697		-	a factory, mill, processing plant, assembly plant,
2698		-	packaging plant, fabricating plant, ethanol plant, office
2699		-	building, industrial distribution center, warehouse,
2700		-	repair, overhaul or service facility, freight terminal,
2701		-
2702		-
2703		-	research facility, test facility, railroad facility, port
2704		-	facility, solid waste and wastewater treatment and
2705		-	disposal sites and other pollution control facilities,
2706		-	resource or waste reduction, recovery, treatment and
2707		-	disposal facilities, and including also the sites thereof
2708		-	and other rights in land therefore whether improved or
2709		-	unimproved, site preparation and landscaping and all
2710		-	appurtenances and facilities incidental thereto such as
2711		-	utilities, access roads, railroad sidings, truck docking
2712		-	and similar facilities, parking facilities, dockage,
2713		-	wharfage, railroad roadbed, track, trestle, depot,
2714		-	terminal, switching and signaling equipment or related
2715		-	equipment and other improvements necessary or convenient
2716		-	thereto; or
2717		-	(2) any land, buildings, machinery or equipment
2718		-	comprising an addition to or renovation, rehabilitation or
2719		-	improvement of any existing capital project.
2720		-	"Housing project" or "residential project" includes a
2721		-	specific work or improvement undertaken to provide dwelling
2722		-	accommodations, including the acquisition, construction or
2723		-	rehabilitation of lands, buildings and community facilities
2724		-	and in connection therewith to provide nonhousing facilities
2725		-	which are an integral part of a planned large-scale project or
2726		-	new community.
2727		-	"Commercial project" means any project, including, but not
2728		-	limited to, one or more buildings and other structures,
2729		-
2730		-
2731		-	improvements, machinery, and equipment, whether or not on the
2732		-	same site or sites now existing or hereafter acquired,
2733		-	suitable for use by any retail or wholesale concern,
2734		-	distributorship, or agency.
2735		-	"Project" means an industrial, housing, residential,
2736		-	commercial, or service project, or any combination thereof,
2737		-	provided that all uses fall within one of the categories
2738		-	described above. Any project automatically includes all site
2739		-	improvements and new construction involving sidewalks, sewers,
2740		-	solid waste and wastewater treatment and disposal sites and
2741		-	other pollution control facilities, resource or waste
2742		-	reduction, recovery, treatment and disposal facilities, parks,
2743		-	open spaces, wildlife sanctuaries, streets, highways, and
2744		-	runways.
2745		-	"Lease agreement" means an agreement in which a project
2746		-	acquired by the Authority by purchase, gift, or lease is
2747		-	leased to any person or corporation that will use, or cause the
2748		-	project to be used, as a project, upon terms providing for
2749		-	lease rental payments at least sufficient to pay, when due,
2750		-	all principal of and interest and premium, if any, on any
2751		-	bonds, notes, or other evidences of indebtedness of the
2752		-	Authority, issued with respect to the project, providing for
2753		-	the maintenance, insurance, and operation of the project on
2754		-	terms satisfactory to the Authority and providing for
2755		-	disposition of the project upon termination of the lease term,
2756		-	including purchase options or abandonment of the premises,
2757		-
2758		-
2759		-	with other terms as may be deemed desirable by the Authority.
2760		-	"Loan agreement" means any agreement in which the
2761		-	Authority agrees to loan the proceeds of its bonds, notes, or
2762		-	other evidences of indebtedness, issued with respect to a
2763		-	project, to any person or corporation which will use or cause
2764		-	the project to be used as a project, upon terms providing for
2765		-	loan repayment installments at least sufficient to pay, when
2766		-	due, all principal of and interest and premium, if any, on any
2767		-	bonds, notes, or other evidences of indebtedness of the
2768		-	Authority issued with respect to the project, providing for
2769		-	maintenance, insurance, and operation of the project on terms
2770		-	satisfactory to the Authority and providing for other terms
2771		-	deemed advisable by the Authority.
2772		-	"Financial aid" means the expenditure of Authority funds
2773		-	or funds provided by the Authority for the development,
2774		-	construction, acquisition or improvement of a project, through
2775		-	the issuance of revenue bonds, notes, or other evidences of
2776		-	indebtedness.
2777		-	"Costs incurred in connection with the development,
2778		-	construction, acquisition or improvement of a project" means
2779		-	the following:
2780		-	(1) the cost of purchase and construction of all lands
2781		-	and improvements in connection therewith and equipment and
2782		-	other property, rights, easements, and franchises acquired
2783		-	which are deemed necessary for the construction;
2784		-	(2) financing charges;
2785		-
2786		-
2787		-	(3) interest costs with respect to bonds, notes, and
2788		-	other evidences of indebtedness of the Authority prior to
2789		-	and during construction and for a period of 6 months
2790		-	thereafter;
2791		-	(4) engineering and legal expenses; and
2792		-	(5) the costs of plans, specifications, surveys, and
2793		-	estimates of costs and other expenses necessary or
2794		-	incident to determining the feasibility or practicability
2795		-	of any project, together with such other expenses as may
2796		-	be necessary or incident to the financing, insuring,
2797		-	acquisition, and construction of a specific project and
2798		-	the placing of the same in operation.
2799		-	(Source: P.A. 98-750, eff. 1-1-15.)
2800		-	(70 ILCS 519/5-20)
2801		-	Sec. 5-20. Creation.
2802		-	(a) There is created a political subdivision, body
2803		-	politic, and municipal corporation named the Southern Illinois
2804		-	Economic Development Authority. The territorial jurisdiction
2805		-	of the Authority is that geographic area within the boundaries
2806		-	of the following counties: Franklin, Perry, Randolph, Jackson,
2807		-	Williamson, Saline, Gallatin, Union, Johnson, Pope, Hardin,
2808		-	Alexander, Pulaski, and Massac and any navigable waters and
2809		-	air space located therein.
2810		-	(b) The governing and administrative powers of the
2811		-	Authority shall be vested in a body consisting of 21 members as
2812		-
2813		-
2814		-	follows:
2815		-	(1) Ex officio member. The Director of Commerce and
2816		-	Economic Opportunity, or a designee of that Department,
2817		-	shall serve as an ex officio member.
2818		-	(2) Public members. Six members shall be appointed by
2819		-	the Governor with the advice and consent of the Senate.
2820		-	The county board chairmen of the following counties shall
2821		-	each appoint one member: Franklin, Perry, Randolph,
2822		-	Jackson, Williamson, Saline, Gallatin, Union, Johnson,
2823		-	Pope, Hardin, Alexander, Pulaski, and Massac. All public
2824		-	members shall reside within the territorial jurisdiction
2825		-	of the Authority. The public members shall be persons of
2826		-	recognized ability and experience in one or more of the
2827		-	following areas: economic development, finance, banking,
2828		-	industrial development, state or local government,
2829		-	commercial agriculture, small business management, real
2830		-	estate development, community development, venture
2831		-	finance, organized labor, or civic or community
2832		-	organization.
2833		-	(c) 11 members shall constitute a quorum, and the Board
2834		-	may not meet or take any action without a quorum present.
2835		-	(d) The chairman of the Authority shall be elected
2836		-	annually by the Board and must be a public member that resides
2837		-	within the territorial jurisdiction of the Authority.
2838		-	(e) The terms of all initial members of the Authority
2839		-	shall begin 30 days after the effective date of this Act. Of
2840		-
2841		-
2842		-	the 6 original public members appointed by the Governor, 2
2843		-	shall serve until the third Monday in January, 2007; 1 shall
2844		-	serve until the third Monday in January, 2008; 1 shall serve
2845		-	until the third Monday in January, 2009; 1 shall serve until
2846		-	the third Monday in January, 2010; and 1 shall serve until the
2847		-	third Monday in January, 2011. The initial terms of the
2848		-	original public members appointed by the county board chairmen
2849		-	shall be determined by lot, according to the following
2850		-	schedule: (i) 3 shall serve until the third Monday in January,
2851		-	2007, (ii) 3 shall serve until the third Monday in January,
2852		-	2008, (iii) 3 shall serve until the third Monday in January,
2853		-	2009, (iv) 3 shall serve until the third Monday in January,
2854		-	2010, and (v) 2 shall serve until the third Monday in January,
2855		-	2011. All successors to these original public members shall be
2856		-	appointed by the original appointing authority and all
2857		-	appointments made by the Governor shall be made with the
2858		-	advice and consent of the Senate, pursuant to subsection (b),
2859		-	and shall hold office for a term of 6 years commencing the
2860		-	third Monday in January of the year in which their term
2861		-	commences, except in the case of an appointment to fill a
2862		-	vacancy. Vacancies occurring among the public members shall be
2863		-	filled for the remainder of the term. In case of vacancy in a
2864		-	Governor-appointed membership when the Senate is not in
2865		-	session, the Governor may make a temporary appointment until
2866		-	the next meeting of the Senate when a person shall be nominated
2867		-	to fill the office and, upon confirmation by the Senate, he or
2868		-
2869		-
2870		-	she shall hold office during the remainder of the term and
2871		-	until a successor is appointed and qualified. Members of the
2872		-	Authority are not entitled to compensation for their services
2873		-	as members but are entitled to reimbursement for all necessary
2874		-	expenses incurred in connection with the performance of their
2875		-	duties as members.
2876		-	(f) The Governor may remove any public member of the
2877		-	Authority in case of incompetence, neglect of duty, or
2878		-	malfeasance in office. The chairman of a county board may
2879		-	remove any public member appointed by that chairman in the
2880		-	case of incompetence, neglect of duty, or malfeasance in
2881		-	office.
2882		-	(g) The Board shall appoint an Executive Director who
2883		-	shall have a background in finance, including familiarity with
2884		-	the legal and procedural requirements of issuing bonds, real
2885		-	estate, or economic development and administration. The
2886		-	Executive Director shall hold office at the discretion of the
2887		-	Board. The Executive Director shall be the chief
2888		-	administrative and operational officer of the Authority, shall
2889		-	direct and supervise its administrative affairs and general
2890		-	management, perform such other duties as may be prescribed
2891		-	from time to time by the members, and receive compensation
2892		-	fixed by the Authority. The Department of Commerce and
2893		-	Community Affairs shall pay the compensation of the Executive
2894		-	Director from appropriations received for that purpose. The
2895		-	Executive Director shall attend all meetings of the Authority.
2896		-
2897		-
2898		-	However, no action of the Authority shall be invalid on
2899		-	account of the absence of the Executive Director from a
2900		-	meeting. The Authority may engage the services of the Illinois
2901		-	Finance Authority, attorneys, appraisers, engineers,
2902		-	accountants, credit analysts, and other consultants if the
2903		-	Southern Illinois Economic Development Authority deems it
2904		-	advisable.
2905		-	(Source: P.A. 94-1021, eff. 7-12-06.)
2906		-	(70 ILCS 519/5-26 new)
2907		-	Sec. 5-26. Requests for assistance; disclosure of economic
2908		-	interests.
2909		-	(a) The Authority may not hear a request for assistance
2910		-	from a restricted person. This prohibition extends to business
2911		-	relationships between a person who is an Authority leader
2912		-	within one year prior to the request for assistance and to any
2913		-	entity in which a restricted person holds or, within the past 2
2914		-	years, held an ownership interest of 10% or more.
2915		-	(b) An Authority leader shall disclose and recuse himself
2916		-	or herself from matters relating to requests for assistance
2917		-	from an entity that is relocating full-time employees from
2918		-	another Authority's counties if (i) both Authorities contract
2919		-	with or employ the same Authority leader or (ii) there is or,
2920		-	within the past 2 years of the request, there was a business
2921		-	relationship between the Authority leaders at the 2
2922		-	Authorities.
2923		-
2924		-
2925		-	(c) The Board of the Authority shall vote to renew the
2926		-	appointment of the Executive Director and other Authority
2927		-	leaders on an annual basis. All contracts shall be approved on
2928		-	an annual basis and use a public process to solicit
2929		-	applications. This requirement does not apply to full-time
2930		-	employees of the Authority unless otherwise required by
2931		-	applicable State law or local ordinance.
2932		-	(d) Each Authority leader shall submit a statement of
2933		-	economic interest in accordance with Article 4A of the
2934		-	Illinois Governmental Ethics Act. Additionally, each Authority
2935		-	leader shall disclose to the Board outside sources of income
2936		-	and any business relationships in economic development
2937		-	consulting or lobbying. Reporting shall include the source of
2938		-	income, services provided, and timeline of when services were
2939		-	provided. If the source of income is a firm or organization
2940		-	with multiple clients, the report shall list all of the
2941		-	entities for which the individual provided services.
2942		-	(70 ILCS 519/5-27 new)
2943		-	Sec. 5-27. Open meetings; record disclosure.
2944		-	(a) The Authority is subject to the Open Meetings Act and
2945		-	the Freedom of Information Act. Documents subject to the
2946		-	Freedom of Information Act include, but are not limited to,
2947		-	expenses, payroll, origination bonuses, and other financial
2948		-	details of the Authority.
2949		-	(b) A contract or agreement entered into by the Authority
2950		-
2951		-
2952		-	must be posted on the Authority's website. The Authority shall
2953		-	provide a detailed report of the Authority's financial
2954		-	information on the Authority's website, including, but not
2955		-	limited to, a statement of profits and losses, balance sheet,
2956		-	and income statement of the Authority.
2957		-	(70 ILCS 519/5-75)
2958		-	Sec. 5-75. Reports; commitment notice. The Authority shall
2959		-	annually submit a report of its finances to the Auditor
2960		-	General. The Authority shall annually submit a report of its
2961		-	activities to the Governor and to the General Assembly.
2962		-	The Authority shall provide notice to the General
2963		-	Assembly, the Department of Commerce and Economic Opportunity,
2964		-	and the Governor once the Authority enters into a commitment
2965		-	to support the financing of a project. The notice to the
2966		-	General Assembly shall be filed with the Clerk of the House of
2967		-	Representatives and the Secretary of the Senate, in electronic
2968		-	form only, in the manner that the Clerk and the Secretary shall
2969		-	direct.
2970		-	(Source: P.A. 94-1021, eff. 7-12-06.)
2971		-	Section 50. The Southwestern Illinois Development
2972		-	Authority Act is amended by changing Sections 3, 4, 5, 8, and
2973		-	11.1 and by adding Sections 5.1 and 6.1 as follows:
2974		-	(70 ILCS 520/3) (from Ch. 85, par. 6153)
2975		-
2976		-
2977		-	Sec. 3. The following terms, whenever used or referred to
2978		-	in this Act, shall have the following meanings, except in such
2979		-	instances where the context may clearly indicate otherwise:
2980		-	(a) "Authority" means the Southwestern Illinois
2981		-	Development Authority created by this Act.
2982		-	(a-5) "Authority leader" means the Executive Director,
2983		-	Assistant Executive Director, or any other person serving in a
2984		-	management, administrative, or leadership role at the
2985		-	Authority.
2986		-	(b) "Governmental agency" means any federal, State or
2987		-	local governmental body, and any agency or instrumentality
2988		-	thereof, corporate or otherwise.
2989		-	(c) "Person" means any natural person, firm, partnership,
2990		-	corporation, both domestic and foreign, company, association
2991		-	or joint stock association and includes any trustee, receiver,
2992		-	assignee or personal representative thereof.
2993		-	(c-5) "Restricted person" means a person who has a
2994		-	familial or business relationship with an Authority leader.
2995		-	(d) "Revenue bond" means any bond issued by the Authority
2996		-	the principal and interest of which is payable solely from
2997		-	revenues or income derived from any project or activity of the
2998		-	Authority.
2999		-	(e) "Board" means the Southwestern Illinois Development
3000		-	Authority Board of Directors.
3001		-	(f) "Governor" means the Governor of the State of
3002		-	Illinois.
3003		-
3004		-
3005		-	(g) "City" means any city, village, incorporated town or
3006		-	township within the geographical territory of the Authority.
3007		-	(h) "Industrial project" means (1) a capital project,
3008		-	including one or more buildings and other structures,
3009		-	improvements, machinery and equipment whether or not on the
3010		-	same site or sites now existing or hereafter acquired,
3011		-	suitable for use by any manufacturing, industrial, research,
3012		-	transportation or commercial enterprise including but not
3013		-	limited to use as a factory, mill, processing plant, assembly
3014		-	plant, packaging plant, fabricating plant, office building,
3015		-	industrial distribution center, warehouse, repair, overhaul or
3016		-	service facility, freight terminal, research facility, test
3017		-	facility, railroad facility, solid waste and wastewater
3018		-	treatment and disposal sites and other pollution control
3019		-	facilities, resource or waste reduction, recovery, treatment
3020		-	and disposal facilities, and including also the sites thereof
3021		-	and other rights in land therefor whether improved or
3022		-	unimproved, site preparation and landscaping and all
3023		-	appurtenances and facilities incidental thereto such as
3024		-	utilities, access roads, railroad sidings, truck docking and
3025		-	similar facilities, parking facilities, dockage, wharfage,
3026		-	railroad roadbed, track, trestle, depot, terminal, switching
3027		-	and signaling equipment or related equipment and other
3028		-	improvements necessary or convenient thereto; or (2) any land,
3029		-	buildings, machinery or equipment comprising an addition to or
3030		-	renovation, rehabilitation or improvement of any existing
3031		-
3032		-
3033		-	capital project.
3034		-	(i) "Housing project" or "residential project" includes a
3035		-	specific work or improvement undertaken to provide dwelling
3036		-	accommodations, including the acquisition, construction or
3037		-	rehabilitation of lands, buildings and community facilities
3038		-	and in connection therewith to provide nonhousing facilities
3039		-	which are an integral part of a planned large-scale project or
3040		-	new community.
3041		-	(j) "Commercial project" means any project, including but
3042		-	not limited to one or more buildings and other structures,
3043		-	improvements, machinery and equipment whether or not on the
3044		-	same site or sites now existing or hereafter acquired,
3045		-	suitable for use by any retail or wholesale concern,
3046		-	distributorship or agency, any cultural facilities of a
3047		-	for-profit or not-for-profit type including but not limited to
3048		-	educational, theatrical, recreational and entertainment,
3049		-	sports facilities, racetracks, stadiums, convention centers,
3050		-	exhibition halls, arenas, opera houses and theaters,
3051		-	waterfront improvements, swimming pools, boat storage,
3052		-	moorage, docking facilities, restaurants, velodromes,
3053		-	coliseums, sports training facilities, parking facilities,
3054		-	terminals, hotels and motels, gymnasiums, medical facilities
3055		-	and port facilities.
3056		-	(k) "Unit of local government" means a unit of local
3057		-	government, as defined in Section 1 of Article VII of the
3058		-	Illinois Constitution, and any local public entity as that
3059		-
3060		-
3061		-	term is defined in the Local Governmental and Governmental
3062		-	Employees Tort Immunity Act and such unit of local government
3063		-	or local public entity is located within the geographical
3064		-	territory of the Authority or, for the purposes of the Flood
3065		-	Prevention District Act, is located within Monroe County,
3066		-	Illinois.
3067		-	(l) "Local government project" means a project or other
3068		-	undertaking that is authorized or required by law to be
3069		-	acquired, constructed, reconstructed, equipped, improved,
3070		-	rehabilitated, replaced, maintained, or otherwise undertaken
3071		-	in any manner by a unit of local government.
3072		-	(m) "Local government security" means a bond, note, or
3073		-	other evidence of indebtedness that a unit of local government
3074		-	is legally authorized to issue for the purpose of financing a
3075		-	public purpose project or to issue for any other lawful public
3076		-	purpose under any provision of the Illinois Constitution or
3077		-	laws of this State, whether the obligation is payable from
3078		-	taxes or revenues, rates, charges, assessments,
3079		-	appropriations, grants, or any other lawful source or
3080		-	combination thereof, and specifically includes, without
3081		-	limitation, obligations under any lease or lease purchase
3082		-	agreement lawfully entered into by the unit of local
3083		-	government for the acquisition or use of facilities or
3084		-	equipment.
3085		-	(n) "Project" means an industrial, housing, residential,
3086		-	commercial, local government, or service project or any
3087		-
3088		-
3089		-	combination thereof provided that all uses shall fall within
3090		-	one of the categories described above. Any project, of any
3091		-	nature whatsoever, shall automatically include all site
3092		-	improvements and new construction involving sidewalks, sewers,
3093		-	solid waste and wastewater treatment and disposal sites and
3094		-	other pollution control facilities, resource or waste
3095		-	reduction, recovery, treatment and disposal facilities, parks,
3096		-	open spaces, wildlife sanctuaries, streets, highways and
3097		-	runways.
3098		-	(o) "Lease agreement" shall mean an agreement whereby a
3099		-	project acquired by the Authority by purchase, gift or lease
3100		-	is leased to any person or corporation which will use or cause
3101		-	the project to be used as a project as heretofore defined upon
3102		-	terms providing for lease rental payments at least sufficient
3103		-	to pay when due all principal of and interest and premium, if
3104		-	any, on any bonds, notes or other evidences of indebtedness of
3105		-	the Authority issued with respect to such project, providing
3106		-	for the maintenance, insurance and operation of the project on
3107		-	terms satisfactory to the Authority and providing for
3108		-	disposition of the project upon termination of the lease term,
3109		-	including purchase options or abandonment of the premises,
3110		-	with such other terms as may be deemed desirable by the
3111		-	Authority.
3112		-	(p) "Loan agreement" means any agreement pursuant to which
3113		-	the Authority agrees to loan the proceeds of its bonds, notes
3114		-	or other evidences of indebtedness issued with respect to a
3115		-
3116		-
3117		-	project to any person or corporation which will use or cause
3118		-	the project to be used as a project as heretofore defined upon
3119		-	terms providing for loan repayment installments at least
3120		-	sufficient to pay when due all principal of and interest and
3121		-	premium, if any, on any bonds, notes or other evidences of
3122		-	indebtedness of the Authority issued with respect to the
3123		-	project, providing for maintenance, insurance and operation of
3124		-	the project on terms satisfactory to the Authority and
3125		-	providing for other matters as may be deemed advisable by the
3126		-	Authority.
3127		-	(q) "Financial aid" means the expenditure of Authority
3128		-	funds or funds provided by the Authority through the issuance
3129		-	of its revenue bonds, notes or other evidences of indebtedness
3130		-	for the development, construction, acquisition or improvement
3131		-	of a project.
3132		-	(r) "Costs incurred in connection with the development,
3133		-	construction, acquisition or improvement of a project" means
3134		-	the following: the cost of purchase and construction of all
3135		-	lands and improvements in connection therewith and equipment
3136		-	and other property, rights, easements and franchises acquired
3137		-	which are deemed necessary for such construction; financing
3138		-	charges; interest costs with respect to bonds, notes and other
3139		-	evidences of indebtedness of the Authority prior to and during
3140		-	construction and for a period of 6 months thereafter;
3141		-	engineering and legal expenses; the costs of plans,
3142		-	specifications, surveys and estimates of costs and other
3143		-
3144		-
3145		-	expenses necessary or incident to determining the feasibility
3146		-	or practicability of any project, together with such other
3147		-	expenses as may be necessary or incident to the financing,
3148		-	insuring, acquisition and construction of a specific project
3149		-	and the placing of the same in operation.
3150		-	(s) "Terminal" means a public place, station or depot for
3151		-	receiving and delivering passengers, baggage, mail, freight or
3152		-	express matter and any combination thereof in connection with
3153		-	the transportation of persons and property on water or land or
3154		-	in the air.
3155		-	(t) "Terminal facilities" means all land, buildings,
3156		-	structures, improvements, equipment and appliances useful in
3157		-	the operation of public warehouse, storage and transportation
3158		-	facilities and industrial, manufacturing or commercial
3159		-	activities for the accommodation of or in connection with
3160		-	commerce by water or land or in the air or useful as an aid, or
3161		-	constituting an advantage or convenience to, the safe landing,
3162		-	taking off and navigation of aircraft or the safe and
3163		-	efficient operation or maintenance of a public airport.
3164		-	(u) "Port facilities" means all public structures, except
3165		-	terminal facilities as defined herein, that are in, over,
3166		-	under or adjacent to navigable waters and are necessary for or
3167		-	incident to the furtherance of water commerce and includes the
3168		-	widening and deepening of slips, harbors and navigable waters.
3169		-	(v) "Airport" means any locality, either land or water,
3170		-	which is used or designed for the landing and taking off of
3171		-
3172		-
3173		-	aircraft or for the location of runways, landing fields,
3174		-	aerodromes, hangars, buildings, structures, airport roadways
3175		-	and other facilities.
3176		-	(Source: P.A. 95-723, eff. 6-23-08.)
3177		-	(70 ILCS 520/4) (from Ch. 85, par. 6154)
3178		-	Sec. 4. (a) There is hereby created a political
3179		-	subdivision, body politic and municipal corporation named the
3180		-	Southwestern Illinois Development Authority. The territorial
3181		-	jurisdiction of the Authority is that geographic area within
3182		-	the boundaries of Madison, St. Clair, Bond, and Clinton, and
3183		-	Monroe counties in the State of Illinois and any navigable
3184		-	waters and air space located therein.
3185		-	(b) The governing and administrative powers of the
3186		-	Authority shall be vested in a body consisting of 15 voting 14
3187		-	members including, as ex officio members, the Director of
3188		-	Commerce and Economic Opportunity, or his or her designee, and
3189		-	the Secretary of Transportation, or his or her designee. The
3190		-	other 13 voting 12 members of the Authority shall be
3191		-	designated "public members", 6 of whom shall be appointed by
3192		-	the Governor with the advice and consent of the Senate, 2 of
3193		-	whom shall be appointed by the county board chairman of
3194		-	Madison County, 2 of whom shall be appointed by the county
3195		-	board chairman of St. Clair County, one of whom shall be
3196		-	appointed by the county board chairman of Bond County, and one
3197		-	of whom shall be appointed by the county board chairman of
3198		-
3199		-
3200		-	Clinton County, and one of whom shall be appointed by the
3201		-	county board chairman of Monroe County. All public members
3202		-	shall reside within the territorial jurisdiction of this Act.
3203		-	Eight voting members shall constitute a quorum, and the Board
3204		-	may not meet or take any action without a quorum present. The
3205		-	public members shall be persons of recognized ability and
3206		-	experience in one or more of the following areas: economic
3207		-	development, finance, banking, industrial development, small
3208		-	business management, real estate development, community
3209		-	development, venture finance, organized labor or civic,
3210		-	community or neighborhood organization. The Chairman of the
3211		-	Authority shall be elected by the Board annually from the
3212		-	voting members appointed by the county board chairmen.
3213		-	(c) Except as otherwise provided in this subsection, the
3214		-	The terms of all members of the Authority shall begin 30 days
3215		-	after the effective date of this Act. Of the 8 public members
3216		-	initially appointed pursuant to this Act, 3 shall serve until
3217		-	the third Monday in January, 1988, 3 shall serve until the
3218		-	third Monday in January, 1989, and 2 shall serve until the
3219		-	third Monday in January, 1990. The public members initially
3220		-	appointed under this amendatory Act of the 94th General
3221		-	Assembly shall serve until the third Monday in January, 2008.
3222		-	The member initially appointed pursuant to this amendatory Act
3223		-	of the 103rd General Assembly by the county board chairman of
3224		-	Monroe County shall serve until the third Monday in January
3225		-	2026. All successors shall be appointed by the original
3226		-
3227		-
3228		-	appointing authority and hold office for a term of 3 years
3229		-	commencing the third Monday in January of the year in which
3230		-	their term commences, except in case of an appointment to fill
3231		-	a vacancy. Vacancies occurring among the public members shall
3232		-	be filled for the remainder of the term. In case of vacancy in
3233		-	a Governor-appointed membership when the Senate is not in
3234		-	session, the Governor may make a temporary appointment until
3235		-	the next meeting of the Senate when a person shall be nominated
3236		-	to fill such office, and any person so nominated who is
3237		-	confirmed by the Senate shall hold office during the remainder
3238		-	of the term and until a successor shall be appointed and
3239		-	qualified. Members of the Authority shall not be entitled to
3240		-	compensation for their services as members but shall be
3241		-	entitled to reimbursement for all necessary expenses incurred
3242		-	in connection with the performance of their duties as members.
3243		-	(d) The Governor may remove any public member of the
3244		-	Authority in case of incompetency, neglect of duty, or
3245		-	malfeasance in office.
3246		-	(e) The Board shall appoint an Executive Director who
3247		-	shall have a background in finance, including familiarity with
3248		-	the legal and procedural requirements of issuing bonds, real
3249		-	estate or economic development and administration. The
3250		-	Executive Director shall hold office at the discretion of the
3251		-	Board. The Executive Director shall be the chief
3252		-	administrative and operational officer of the Authority, shall
3253		-	direct and supervise its administrative affairs and general
3254		-
3255		-
3256		-	management, shall perform such other duties as may be
3257		-	prescribed from time to time by the members and shall receive
3258		-	compensation fixed by the Authority. The Executive Director
3259		-	shall attend all meetings of the Authority; however, no action
3260		-	of the Authority shall be invalid on account of the absence of
3261		-	the Executive Director from a meeting. The Authority may
3262		-	engage the services of such other agents and employees,
3263		-	including attorneys, appraisers, engineers, accountants,
3264		-	credit analysts and other consultants, as it may deem
3265		-	advisable and may prescribe their duties and fix their
3266		-	compensation.
3267		-	(f) The Board may, by majority vote, nominate up to 4
3268		-	non-voting members for appointment by the Governor. Non-voting
3269		-	members shall be persons of recognized ability and experience
3270		-	in one or more of the following areas: economic development,
3271		-	finance, banking, industrial development, small business
3272		-	management, real estate development, community development,
3273		-	venture finance, organized labor, or civic, community, or
3274		-	neighborhood organization. Non-voting members shall serve at
3275		-	the pleasure of the Board. All non-voting members may attend
3276		-	meetings of the Board and shall be reimbursed as provided in
3277		-	subsection (c).
3278		-	(g) The Board shall create a task force to study and make
3279		-	recommendations to the Board on the economic development of
3280		-	the city of East St. Louis and on the economic development of
3281		-	the riverfront within the territorial jurisdiction of this
3282		-
3283		-
3284		-	Act. The members of the task force shall reside within the
3285		-	territorial jurisdiction of this Act, shall serve at the
3286		-	pleasure of the Board and shall be persons of recognized
3287		-	ability and experience in one or more of the following areas:
3288		-	economic development, finance, banking, industrial
3289		-	development, small business management, real estate
3290		-	development, community development, venture finance, organized
3291		-	labor or civic, community or neighborhood organization. The
3292		-	number of members constituting the task force shall be set by
3293		-	the Board and may vary from time to time. The Board may set a
3294		-	specific date by which the task force is to submit its final
3295		-	report and recommendations to the Board.
3296		-	(Source: P.A. 96-443, eff. 8-14-09.)
3297		-	(70 ILCS 520/5) (from Ch. 85, par. 6155)
3298		-	Sec. 5. All official acts of the Authority shall require
3299		-	the approval of at least 8 voting members. It shall be the duty
3300		-	of the Authority to promote development within the geographic
3301		-	confines of Madison, Bond, Clinton, and St. Clair, and Monroe
3302		-	counties. The Authority shall use the powers herein conferred
3303		-	upon it to assist in the development, construction and
3304		-	acquisition of industrial, commercial, housing or residential
3305		-	projects within Madison, Bond, Clinton, and St. Clair, and
3306		-	Monroe counties.
3307		-	(Source: P.A. 94-1096, eff. 6-1-07.)
3308		-
3309		-
3310		-	(70 ILCS 520/5.1 new)
3311		-	Sec. 5.1. Open meetings; record disclosure.
3312		-	(a) The Authority is subject to the Open Meetings Act and
3313		-	the Freedom of Information Act. Documents subject to the
3314		-	Freedom of Information Act include, but are not limited to,
3315		-	expenses, payroll, origination bonuses, and other financial
3316		-	details of the Authority.
3317		-	(b) A contract or agreement entered into by the Authority
3318		-	must be posted on the Authority's website. The Authority shall
3319		-	provide a detailed report of the Authority's financial
3320		-	information on the Authority's website, including, but not
3321		-	limited to, a statement of profits and losses, balance sheet,
3322		-	and income statement of the Authority.
3323		-	(70 ILCS 520/6.1 new)
3324		-	Sec. 6.1. Commitment notice. The Authority shall provide
3325		-	notice to the General Assembly, the Department of Commerce and
3326		-	Economic Opportunity, and the Governor once the Authority
3327		-	enters into a commitment to support the financing of a
3328		-	project. The notice to the General Assembly shall be filed
3329		-	with the Clerk of the House of Representatives and the
3330		-	Secretary of the Senate, in electronic form only, in the
3331		-	manner that the Clerk and the Secretary shall direct.
3332		-	(70 ILCS 520/8) (from Ch. 85, par. 6158)
3333		-	Sec. 8. (a) The Authority may, but need not, acquire title
3334		-
3335		-
3336		-	to any project with respect to which it exercises its
3337		-	authority.
3338		-	(b) The Authority shall have power to acquire by purchase,
3339		-	lease, gift or otherwise any property or rights therein from
3340		-	any person or persons, the State of Illinois, any municipal
3341		-	corporation, any local unit of government, the government of
3342		-	the United States and any agency or instrumentality of the
3343		-	United States, any body politic or any county useful for its
3344		-	purposes, whether improved for the purposes of any prospective
3345		-	project or unimproved. The Authority may also accept any
3346		-	donation of funds for its purposes from any such source. The
3347		-	Authority may acquire any real property, or rights therein,
3348		-	upon condemnation. The acquisition by eminent domain of such
3349		-	real property or any interest therein by the Authority shall
3350		-	be in the manner provided by the Eminent Domain Act, including
3351		-	Article 20 thereof (quick-take power).
3352		-	The Authority shall not exercise any quick-take eminent
3353		-	domain powers granted by State law within the corporate limits
3354		-	of a municipality unless the governing authority of the
3355		-	municipality authorizes the Authority to do so. The Authority
3356		-	shall not exercise any quick-take eminent domain powers
3357		-	granted by State law within the unincorporated areas of a
3358		-	county unless the county board authorizes the Authority to do
3359		-	so.
3360		-	(c) The Authority shall have power to develop, construct
3361		-	and improve, either under its own direction or through
3362		-
3363		-
3364		-	collaboration with any approved applicant, or to acquire
3365		-	through purchase or otherwise any project, using for such
3366		-	purpose the proceeds derived from its sale of revenue bonds,
3367		-	notes or other evidences of indebtedness or governmental loans
3368		-	or grants and to hold title in the name of the Authority to
3369		-	such projects.
3370		-	(d) The Authority shall have the power to enter into
3371		-	intergovernmental agreements with the State of Illinois, the
3372		-	counties of Bond, Clinton, Madison, Monroe, and or St. Clair,
3373		-	the Southwest Regional Port District, the Illinois Finance
3374		-	Authority, the Illinois Housing Development Authority, the
3375		-	Metropolitan Pier and Exposition Authority, the United States
3376		-	government and any agency or instrumentality of the United
3377		-	States, the city of East St. Louis, any unit of local
3378		-	government located within the territory of the Authority or
3379		-	any other unit of government to the extent allowed by Article
3380		-	VII, Section 10 of the Illinois Constitution and the
3381		-	Intergovernmental Cooperation Act.
3382		-	(e) The Authority shall have the power to share employees
3383		-	with other units of government, including agencies of the
3384		-	United States, agencies of the State of Illinois and agencies
3385		-	or personnel of any unit of local government.
3386		-	(f) The Authority shall have the power to exercise powers
3387		-	and issue bonds as if it were a municipality so authorized in
3388		-	Divisions 12.1, 74, 74.1, 74.3 and 74.5 of Article 11 of the
3389		-	Illinois Municipal Code.
3390		-
3391		-
3392		-	(Source: P.A. 93-205, eff. 1-1-04; 94-1055, eff. 1-1-07.)
3393		-	(70 ILCS 520/11.1) (from Ch. 85, par. 6161.1)
3394		-	Sec. 11.1. (a) No member of the Authority or officer,
3395		-	agent, or employee of the Authority shall, in his or her own
3396		-	name or in the name of a nominee, be an officer or director of
3397		-	or hold an ownership of more than 7.5% in any person,
3398		-	association, trust, corporation, partnership, or other entity
3399		-	that is, in its own name or in the name of a nominee, a party
3400		-	to a contract or agreement upon which the member, officer,
3401		-	agent, or employee may be called upon to act or vote.
3402		-	(b) With respect to any direct or any indirect interest,
3403		-	other than an interest prohibited in subsection (a), in a
3404		-	contract or agreement upon which the member, officer, agent,
3405		-	or employee may be called upon to act or vote, the member,
3406		-	officer, agent, or employee shall disclose that interest to
3407		-	the secretary of the Authority before the taking of final
3408		-	action by the Authority concerning that contract or agreement
3409		-	and shall also disclose the nature and extent of that interest
3410		-	and his or her acquisition of that interest, which disclosures
3411		-	shall be publicly acknowledged by the Authority and entered
3412		-	upon the minutes of the Authority. If a member of the Authority
3413		-	or an officer, agent, or employee of the Authority holds such
3414		-	an interest, then he or she shall refrain from any further
3415		-	official involvement in regard to the contract or agreement,
3416		-	from voting on any matter pertaining to the contract or
3417		-
3418		-
3419		-	agreement, and from communicating with other members of the
3420		-	Authority or its officers, agents, and employees concerning
3421		-	the contract or agreement. Notwithstanding any other provision
3422		-	of law, any contract or agreement entered into in conformity
3423		-	with this subsection (b) shall not be void or invalid by reason
3424		-	of an interest described in this subsection, nor shall any
3425		-	person so disclosing the interest and refraining from further
3426		-	official involvement as provided in this subsection be guilty
3427		-	of an offense, be removed from office, or be subject to any
3428		-	other penalty on account of that interest.
3429		-	(c) Any contract or agreement made in violation of
3430		-	subsection (a) or (b) is void and gives rise to no action
3431		-	against the Authority.
3432		-	(d) The Authority may not hear a request for assistance
3433		-	from a restricted person. This prohibition extends to business
3434		-	relationships between a person who is an Authority leader
3435		-	within one year prior to the request for assistance and to any
3436		-	entity in which a restricted person holds or, within the past 2
3437		-	years, held an ownership interest of 10% or more.
3438		-	(e) An Authority leader shall disclose and recuse himself
3439		-	or herself from matters relating to requests for assistance
3440		-	from an entity that is relocating full-time employees from
3441		-	another Authority's counties if (i) both Authorities contract
3442		-	with or employ the same Authority leader or (ii) there is or,
3443		-	within the past 2 years of the request, there was a business
3444		-	relationship between the Authority leaders at the 2
3445		-
3446		-
3447		-	Authorities.
3448		-	(f) The Board of the Authority shall vote to renew the
3449		-	appointment of the Executive Director and other Authority
3450		-	leaders on an annual basis. All contracts shall be approved on
3451		-	an annual basis and use a public process to solicit
3452		-	applications. This requirement does not apply to full-time
3453		-	employees of the Authority unless otherwise required by
3454		-	applicable State law or local ordinance.
3455		-	(g) Each Authority leader shall submit a statement of
3456		-	economic interest in accordance with Article 4A of the
3457		-	Illinois Governmental Ethics Act. Additionally, each Authority
3458		-	leader shall disclose to the Board outside sources of income
3459		-	and any business relationships in economic development
3460		-	consulting or lobbying. Reporting shall include the source of
3461		-	income, services provided, and timeline of when services were
3462		-	provided. If the source of income is a firm or organization
3463		-	with multiple clients, the report shall list all of the
3464		-	entities for which the individual provided services.
3465		-	(Source: P.A. 86-1455.)
3466		-	Section 55. The Tri-County River Valley Development
3467		-	Authority Law is amended by changing Sections 2003, 2004,
3468		-	2008, and 2013 and by adding Sections 2005.1 and 2005.2 as
3469		-	follows:
3470		-	(70 ILCS 525/2003) (from Ch. 85, par. 7503)
3471		-
3472		-
3473		-	Sec. 2003. Definitions. The following terms, whenever used
3474		-	or referred to in this Article, shall have the following
3475		-	meanings, except in such instances where the context may
3476		-	clearly indicate otherwise:
3477		-	(a) "Authority" means the Tri-County River Valley
3478		-	Development Authority created by this Article.
3479		-	(a-5) "Authority leader" means the Executive Director,
3480		-	Assistant Executive Director, or any other person serving in a
3481		-	management, administrative, or leadership role at the
3482		-	Authority.
3483		-	(b) "Governmental agency" means any federal, State or
3484		-	local governmental body, and any agency or instrumentality
3485		-	thereof, corporate or otherwise.
3486		-	(c) "Person" means any natural person, firm, partnership,
3487		-	corporation, both domestic and foreign, company, association
3488		-	or joint stock association and includes any trustee, receiver,
3489		-	assignee or personal representative thereof.
3490		-	(c-5) "Restricted person" means a person who has a
3491		-	familial or business relationship with an Authority leader.
3492		-	(d) "Revenue bond" means any bond issued by the Authority
3493		-	the principal and interest of which is payable solely from
3494		-	revenues or income derived from any project or activity of the
3495		-	Authority.
3496		-	(e) "Board" means the Tri-County River Valley Development
3497		-	Authority Board of Directors.
3498		-	(f) "Governor" means the Governor of the State of
3499		-
3500		-
3501		-	Illinois.
3502		-	(g) "City" means any city, village, incorporated town or
3503		-	township within the geographical territory of the Authority.
3504		-	(h) "Industrial project" means (1) a capital project,
3505		-	including one or more buildings and other structures,
3506		-	improvements, machinery and equipment whether or not on the
3507		-	same site or sites now existing or hereafter acquired,
3508		-	suitable for use by any manufacturing, industrial, research,
3509		-	transportation or commercial enterprise including but not
3510		-	limited to use as a factory, mill, processing plant, assembly
3511		-	plant, packaging plant, fabricating plant, office building,
3512		-	industrial distribution center, warehouse, repair, overhaul or
3513		-	service facility, freight terminal, research facility, test
3514		-	facility, railroad facility, solid waste and wastewater
3515		-	treatment and disposal sites and other pollution control
3516		-	facilities, resource or waste reduction, recovery, treatment
3517		-	and disposal facilities, and including also the sites thereof
3518		-	and other rights in land therefor whether improved or
3519		-	unimproved, site preparation and landscaping and all
3520		-	appurtenances and facilities incidental thereto such as
3521		-	utilities, access roads, railroad sidings, truck docking and
3522		-	similar facilities, parking facilities, dockage, wharfage,
3523		-	railroad roadbed, track, trestle, depot, terminal, switching
3524		-	and signaling equipment or related equipment and other
3525		-	improvements necessary or convenient thereto; or (2) any land,
3526		-	buildings, machinery or equipment comprising an addition to or
3527		-
3528		-
3529		-	renovation, rehabilitation or improvement of any existing
3530		-	capital project.
3531		-	(i) "Housing project" or "residential project" includes a
3532		-	specific work or improvement undertaken to provide dwelling
3533		-	accommodations, including the acquisition, construction or
3534		-	rehabilitation of lands, buildings and community facilities
3535		-	and in connection therewith to provide nonhousing facilities
3536		-	which are an integral part of a planned large-scale project or
3537		-	new community.
3538		-	(j) "Commercial project" means any project, including but
3539		-	not limited to one or more buildings and other structures,
3540		-	improvements, machinery and equipment whether or not on the
3541		-	same site or sites now existing or hereafter acquired,
3542		-	suitable for use by any retail or wholesale concern,
3543		-	distributorship or agency, any cultural facilities of a
3544		-	for-profit or not-for-profit type including but not limited to
3545		-	educational, theatrical, recreational and entertainment,
3546		-	sports facilities, racetracks, stadiums, convention centers,
3547		-	exhibition halls, arenas, opera houses and theaters,
3548		-	waterfront improvements, swimming pools, boat storage,
3549		-	moorage, docking facilities, restaurants, velodromes,
3550		-	coliseums, sports training facilities, parking facilities,
3551		-	terminals, hotels and motels, gymnasiums, medical facilities
3552		-	and port facilities.
3553		-	(k) "Project" means an industrial, housing, residential,
3554		-	commercial or service project or any combination thereof
3555		-
3556		-
3557		-	provided that all uses shall fall within one of the categories
3558		-	described above. Any project, of any nature whatsoever, shall
3559		-	automatically include all site improvements and new
3560		-	construction involving sidewalks, sewers, solid waste and
3561		-	wastewater treatment and disposal sites and other pollution
3562		-	control facilities, resource or waste reduction, recovery,
3563		-	treatment and disposal facilities, parks, open spaces,
3564		-	wildlife sanctuaries, streets, highways and runways.
3565		-	(l) "Lease agreement" shall mean an agreement whereby a
3566		-	project acquired by the Authority by purchase, gift or lease
3567		-	is leased to any person or corporation which will use or cause
3568		-	the project to be used as a project as heretofore defined upon
3569		-	terms providing for lease rental payments at least sufficient
3570		-	to pay when due all principal of and interest and premium, if
3571		-	any, on any bonds, notes or other evidences of indebtedness of
3572		-	the Authority issued with respect to such project, providing
3573		-	for the maintenance, insurance and operation of the project on
3574		-	terms satisfactory to the Authority and providing for
3575		-	disposition of the project upon termination of the lease term,
3576		-	including purchase options or abandonment of the premises,
3577		-	with such other terms as may be deemed desirable by the
3578		-	Authority.
3579		-	(m) "Loan agreement" means any agreement pursuant to which
3580		-	the Authority agrees to loan the proceeds of its bonds, notes
3581		-	or other evidences of indebtedness issued with respect to a
3582		-	project to any person or corporation which will use or cause
3583		-
3584		-
3585		-	the project to be used as a project as heretofore defined upon
3586		-	terms providing for loan repayment installments at least
3587		-	sufficient to pay when due all principal of and interest and
3588		-	premium, if any, on any bonds, notes or other evidences of
3589		-	indebtedness of the Authority issued with respect to the
3590		-	project, providing for maintenance, insurance and operation of
3591		-	the project on terms satisfactory to the Authority and
3592		-	providing for other matters as may be deemed advisable by the
3593		-	Authority.
3594		-	(n) "Financial aid" means the expenditure of Authority
3595		-	funds or funds provided by the Authority through the issuance
3596		-	of its revenue bonds, notes or other evidences of indebtedness
3597		-	for the development, construction, acquisition or improvement
3598		-	of a project.
3599		-	(o) "Costs incurred in connection with the development,
3600		-	construction, acquisition or improvement of a project" means
3601		-	the following: the cost of purchase and construction of all
3602		-	lands and improvements in connection therewith and equipment
3603		-	and other property, rights, easements and franchises acquired
3604		-	which are deemed necessary for such construction; financing
3605		-	charges; interest costs with respect to bonds, notes and other
3606		-	evidences of indebtedness of the Authority prior to and during
3607		-	construction and for a period of 6 months thereafter;
3608		-	engineering and legal expenses; the costs of plans,
3609		-	specifications, surveys and estimates of costs and other
3610		-	expenses necessary or incident to determining the feasibility
3611		-
3612		-
3613		-	or practicability of any project, together with such other
3614		-	expenses as may be necessary or incident to the financing,
3615		-	insuring, acquisition and construction of a specific project
3616		-	and the placing of the same in operation.
3617		-	(p) "Terminal" means a public place, station or depot for
3618		-	receiving and delivering passengers, baggage, mail, freight or
3619		-	express matter and any combination thereof in connection with
3620		-	the transportation of persons and property on water or land or
3621		-	in the air.
3622		-	(q) "Terminal facilities" means all land, buildings,
3623		-	structures, improvements, equipment and appliances useful in
3624		-	the operation of public warehouse, storage and transportation
3625		-	facilities and industrial, manufacturing or commercial
3626		-	activities for the accommodation of or in connection with
3627		-	commerce by water or land or in the air or useful as an aid, or
3628		-	constituting an advantage or convenience to, the safe landing,
3629		-	taking off and navigation of aircraft or the safe and
3630		-	efficient operation or maintenance of a public airport.
3631		-	(r) "Port facilities" means all public structures, except
3632		-	terminal facilities as defined herein, that are in, over,
3633		-	under or adjacent to navigable waters and are necessary for or
3634		-	incident to the furtherance of water commerce and includes the
3635		-	widening and deepening of slips, harbors and navigable waters.
3636		-	(s) "Airport" means any locality, either land or water,
3637		-	which is used or designed for the landing and taking off of
3638		-	aircraft or for the location of runways, landing fields,
3639		-
3640		-
3641		-	aerodromes, hangars, buildings, structures, airport roadways
3642		-	and other facilities.
3643		-	(Source: P.A. 86-1489.)
3644		-	(70 ILCS 525/2004) (from Ch. 85, par. 7504)
3645		-	Sec. 2004. Establishment.
3646		-	(a) There is hereby created a political subdivision, body
3647		-	politic and municipal corporation named the Tri-County River
3648		-	Valley Development Authority. The territorial jurisdiction of
3649		-	the Authority is that geographic area within the boundaries of
3650		-	McLean, Peoria, Tazewell, and Woodford counties in the State
3651		-	of Illinois and any navigable waters and air space located
3652		-	therein.
3653		-	(b) The governing and administrative powers of the
3654		-	Authority shall be vested in a body consisting of 13 11 members
3655		-	including, as ex officio members, the Director of Commerce and
3656		-	Economic Opportunity, or his or her designee, and the Director
3657		-	of Natural Resources, or that Director's designee. The other
3658		-	11 9 members of the Authority shall be designated "public
3659		-	members", 3 of whom shall be appointed by the Governor, 3 of
3660		-	whom shall be appointed one each by the county board chairmen
3661		-	of Peoria, Tazewell and Woodford counties and 5 3 of whom shall
3662		-	be appointed one each by the city councils of Bloomington,
3663		-	East Peoria, Normal, Pekin, and Peoria. All public members
3664		-	shall reside within the territorial jurisdiction of this Act.
3665		-	Seven Six members shall constitute a quorum, and the Board may
3666		-
3667		-
3668		-	not meet or take any action without a quorum present. The
3669		-	public members shall be persons of recognized ability and
3670		-	experience in one or more of the following areas: economic
3671		-	development, finance, banking, industrial development, small
3672		-	business management, real estate development, community
3673		-	development, venture finance, organized labor or civic,
3674		-	community or neighborhood organization. The Chairman of the
3675		-	Authority shall be elected by the Board annually from the 8 6
3676		-	members appointed by the county board chairmen and city
3677		-	councils.
3678		-	(c) The terms of all members of the Authority shall begin
3679		-	30 days after the effective date of this Article. Of the 9
3680		-	public members appointed pursuant to this Act, 3 shall serve
3681		-	until the third Monday in January 1992, 3 shall serve until the
3682		-	third Monday in January 1993, and 3 shall serve until the third
3683		-	Monday in January 1994. All successors shall be appointed by
3684		-	the original appointing authority and hold office for a term
3685		-	of 3 years commencing the third Monday in January of the year
3686		-	in which their term commences, except in case of an
3687		-	appointment to fill a vacancy. The initial member appointed by
3688		-	the city council of Bloomington shall serve until the third
3689		-	Monday in January 2025. The initial member appointed by the
3690		-	city council of Normal shall serve until the third Monday in
3691		-	January 2026. Vacancies occurring among the public members
3692		-	shall be filled for the remainder of the term. In case of
3693		-	vacancy in a Governor-appointed membership when the Senate is
3694		-
3695		-
3696		-	not in session, the Governor may make a temporary appointment
3697		-	until the next meeting of the Senate when a person shall be
3698		-	nominated to fill such office, and any person so nominated who
3699		-	is confirmed by the Senate shall hold office during the
3700		-	remainder of the term and until a successor shall be appointed
3701		-	and qualified. Members of the Authority shall not be entitled
3702		-	to compensation for their services as members but may be
3703		-	reimbursed for all necessary expenses incurred in connection
3704		-	with the performance of their duties as members.
3705		-	(d) The Governor may remove any public member of the
3706		-	Authority in case of incompetency, neglect of duty, or
3707		-	malfeasance in office.
3708		-	(e) The Board may appoint an Executive Director who shall
3709		-	have a background in finance, including familiarity with the
3710		-	legal and procedural requirements of issuing bonds, real
3711		-	estate or economic development and administration. The
3712		-	Executive Director shall hold office at the discretion of the
3713		-	Board. The Executive Director shall be the chief
3714		-	administrative and operational officer of the Authority, shall
3715		-	direct and supervise its administrative affairs and general
3716		-	management, shall perform such other duties as may be
3717		-	prescribed from time to time by the members and shall receive
3718		-	compensation fixed by the Authority. The Executive Director
3719		-	shall attend all meetings of the Authority; however, no action
3720		-	of the Authority shall be invalid on account of the absence of
3721		-	the Executive Director from a meeting. The Authority may
3722		-
3723		-
3724		-	engage the services of such other agents and employees,
3725		-	including attorneys, appraisers, engineers, accountants,
3726		-	credit analysts and other consultants, as it may deem
3727		-	advisable and may prescribe their duties and fix their
3728		-	compensation.
3729		-	(f) The Board may, by majority vote, nominate up to 4
3730		-	non-voting members for appointment by the Governor. Non-voting
3731		-	members shall be persons of recognized ability and experience
3732		-	in one or more of the following areas: economic development,
3733		-	finance, banking, industrial development, small business
3734		-	management, real estate development, community development,
3735		-	venture finance, organized labor or civic, community or
3736		-	neighborhood organization. Non-voting members shall serve at
3737		-	the pleasure of the Board. All non-voting members may attend
3738		-	meetings of the Board and may be reimbursed as provided in
3739		-	subsection (c).
3740		-	(g) The Board shall create a task force to study and make
3741		-	recommendations to the Board on the economic development of
3742		-	the territory within the jurisdiction of this Act. The members
3743		-	of the task force shall reside within the territorial
3744		-	jurisdiction of this Article, shall serve at the pleasure of
3745		-	the Board and shall be persons of recognized ability and
3746		-	experience in one or more of the following areas: economic
3747		-	development, finance, banking, industrial development, small
3748		-	business management, real estate development, community
3749		-	development, venture finance, organized labor or civic,
3750		-
3751		-
3752		-	community or neighborhood organization. The number of members
3753		-	constituting the task force shall be set by the Board and may
3754		-	vary from time to time. The Board may set a specific date by
3755		-	which the task force is to submit its final report and
3756		-	recommendations to the Board.
3757		-	(Source: P.A. 94-793, eff. 5-19-06.)
3758		-	(70 ILCS 525/2005.1 new)
3759		-	Sec. 2005.1. Requests for assistance; disclosure of
3760		-	economic interests.
3761		-	(a) The Authority may not hear a request for assistance
3762		-	from a restricted person. This prohibition extends to business
3763		-	relationships between a person who is an Authority leader
3764		-	within one year prior to the request for assistance and to any
3765		-	entity in which a restricted person holds or, within the past 2
3766		-	years, held an ownership interest of 10% or more.
3767		-	(b) An Authority leader shall disclose and recuse himself
3768		-	or herself from matters relating to requests for assistance
3769		-	from an entity that is relocating full-time employees from
3770		-	another Authority's counties if (i) both Authorities contract
3771		-	with or employ the same Authority leader or (ii) there is or,
3772		-	within the past 2 years of the request, there was a business
3773		-	relationship between the Authority leaders at the 2
3774		-	Authorities.
3775		-	(c) The Board of the Authority shall vote to renew the
3776		-	appointment of the Executive Director and other Authority
3777		-
3778		-
3779		-	leaders on an annual basis. All contracts shall be approved on
3780		-	an annual basis and use a public process to solicit
3781		-	applications. This requirement does not apply to full-time
3782		-	employees of the Authority unless otherwise required by
3783		-	applicable State law or local ordinance.
3784		-	(d) Each Authority leader shall submit a statement of
3785		-	economic interest in accordance with Article 4A of the
3786		-	Illinois Governmental Ethics Act. Additionally, each Authority
3787		-	leader shall disclose to the Board outside sources of income
3788		-	and any business relationships in economic development
3789		-	consulting or lobbying. Reporting shall include the source of
3790		-	income, services provided, and timeline of when services were
3791		-	provided. If the source of income is a firm or organization
3792		-	with multiple clients, the report shall list all of the
3793		-	entities for which the individual provided services.
3794		-	(70 ILCS 525/2005.2 new)
3795		-	Sec. 2005.2. Open meetings; record disclosure.
3796		-	(a) The Authority is subject to the Open Meetings Act and
3797		-	the Freedom of Information Act. Documents subject to the
3798		-	Freedom of Information Act include, but are not limited to,
3799		-	expenses, payroll, origination bonuses, and other financial
3800		-	details of the Authority.
3801		-	(b) A contract or agreement entered into by the Authority
3802		-	must be posted on the Authority's website. The Authority shall
3803		-	provide a detailed report of the Authority's financial
3804		-
3805		-
3806		-	information on the Authority's website, including, but not
3807		-	limited to, a statement of profits and losses, balance sheet,
3808		-	and income statement of the Authority.
3809		-	(70 ILCS 525/2008) (from Ch. 85, par. 7508)
3810		-	Sec. 2008. Acquisition.
3811		-	(a) The Authority may, but need not, acquire title to any
3812		-	project with respect to which it exercises its authority.
3813		-	(b) The Authority shall have power to acquire by purchase,
3814		-	lease, gift or otherwise any property or rights therein from
3815		-	any person or persons, the State of Illinois, any municipal
3816		-	corporation, any local unit of government, the government of
3817		-	the United States and any agency or instrumentality of the
3818		-	United States, any body politic or any county useful for its
3819		-	purposes, whether improved for the purposes of any prospective
3820		-	project or unimproved. The Authority may also accept any
3821		-	donation of funds for its purposes from any such source.
3822		-	(c) The Authority shall have power to develop, construct
3823		-	and improve, either under its own direction or through
3824		-	collaboration with any approved applicant, or to acquire
3825		-	through purchase or otherwise any project, using for such
3826		-	purpose the proceeds derived from its sale of revenue bonds,
3827		-	notes or other evidences of indebtedness or governmental loans
3828		-	or grants and to hold title in the name of the Authority to
3829		-	such projects.
3830		-	(d) The Authority shall have the power to enter into
3831		-
3832		-
3833		-	intergovernmental agreements with the State of Illinois, the
3834		-	counties of McLean, Peoria, Tazewell, or Woodford, the
3835		-	Illinois Finance Authority, the Illinois Housing Development
3836		-	Authority, the Metropolitan Pier and Exposition Authority, the
3837		-	United States government and any agency or instrumentality of
3838		-	the United States, any unit of local government located within
3839		-	the territory of the Authority or any other unit of government
3840		-	to the extent allowed by Article VII, Section 10 of the
3841		-	Illinois Constitution and the Intergovernmental Cooperation
3842		-	Act.
3843		-	(e) The Authority shall have the power to share employees
3844		-	with other units of government, including agencies of the
3845		-	United States, agencies of the State of Illinois and agencies
3846		-	or personnel of any unit of local government.
3847		-	(f) The Authority shall have the power to exercise powers
3848		-	and issue bonds as if it were a municipality so authorized in
3849		-	Divisions 12.1, 74, 74.1, 74.3 and 74.5 of Article 11 of the
3850		-	Illinois Municipal Code.
3851		-	(Source: P.A. 93-205, eff. 1-1-04.)
3852		-	(70 ILCS 525/2013) (from Ch. 85, par. 7513)
3853		-	Sec. 2013. Reports; commitment notice. The Authority shall
3854		-	annually submit a report of its finances to the Auditor
3855		-	General. The Authority shall annually submit a report of its
3856		-	activities to the Governor and General Assembly.
3857		-	The Authority shall provide notice to the General
3858		-
3859		-
3860		-	Assembly, the Department of Commerce and Economic Opportunity,
3861		-	and the Governor once the Authority enters into a commitment
3862		-	to support the financing of a project. The notice to the
3863		-	General Assembly shall be filed with the Clerk of the House of
3864		-	Representatives and the Secretary of the Senate, in electronic
3865		-	form only, in the manner that the Clerk and the Secretary shall
3866		-	direct.
3867		-	(Source: P.A. 86-1489.)
3868		-	Section 60. The Upper Illinois River Valley Development
3869		-	Authority Act is amended by changing Sections 3, 4, and 14 and
3870		-	by adding Sections 5.1 and 5.2 as follows:
3871		-	(70 ILCS 530/3) (from Ch. 85, par. 7153)
3872		-	Sec. 3. Definitions. The following terms, whenever used or
3873		-	referred to in this Act, shall have the following meanings,
3874		-	except in such instances where the context may clearly
3875		-	indicate otherwise:
3876		-	(a) "Authority" means the Upper Illinois River Valley
3877		-	Development Authority created by this Act.
3878		-	(a-5) "Authority leader" means the Executive Director,
3879		-	Assistant Executive Director, or any other person serving in a
3880		-	management, administrative, or leadership role at the
3881		-	Authority.
3882		-	(b) "Governmental agency" means any federal, State or
3883		-	local governmental body, and any agency or instrumentality
3884		-
3885		-
3886		-	thereof, corporate or otherwise.
3887		-	(c) "Person" means any natural person, firm, partnership,
3888		-	corporation, both domestic and foreign, company, association
3889		-	or joint stock association and includes any trustee, receiver,
3890		-	assignee or personal representative thereof.
3891		-	(c-5) "Restricted person" means a person who has a
3892		-	familial or business relationship with an Authority leader.
3893		-	(d) "Revenue bond" means any bond issued by the Authority
3894		-	the principal and interest of which is payable solely from
3895		-	revenues or income derived from any project or activity of the
3896		-	Authority.
3897		-	(e) "Board" means the Upper Illinois River Valley
3898		-	Development Authority Board of Directors.
3899		-	(f) "Governor" means the Governor of the State of
3900		-	Illinois.
3901		-	(g) "City" means any city, village, incorporated town or
3902		-	township within the geographical territory of the Authority.
3903		-	(h) "Industrial project" means (1) a capital project,
3904		-	including one or more buildings and other structures,
3905		-	improvements, machinery and equipment whether or not on the
3906		-	same site or sites now existing or hereafter acquired,
3907		-	suitable for use by any manufacturing, industrial, research,
3908		-	transportation or commercial enterprise including but not
3909		-	limited to use as a factory, mill, processing plant, assembly
3910		-	plant, packaging plant, fabricating plant, office building,
3911		-	industrial distribution center, warehouse, repair, overhaul or
3912		-
3913		-
3914		-	service facility, freight terminal, research facility, test
3915		-	facility, railroad facility, solid waste and wastewater
3916		-	treatment and disposal sites and other pollution control
3917		-	facilities, resource or waste reduction, recovery, treatment
3918		-	and disposal facilities, and including also the sites thereof
3919		-	and other rights in land therefor whether improved or
3920		-	unimproved, site preparation and landscaping and all
3921		-	appurtenances and facilities incidental thereto such as
3922		-	utilities, access roads, railroad sidings, truck docking and
3923		-	similar facilities, parking facilities, dockage, wharfage,
3924		-	railroad roadbed, track, trestle, depot, terminal, switching
3925		-	and signaling equipment or related equipment and other
3926		-	improvements necessary or convenient thereto; or (2) any land,
3927		-	buildings, machinery or equipment comprising an addition to or
3928		-	renovation, rehabilitation or improvement of any existing
3929		-	capital project.
3930		-	(i) "Housing project" or "residential project" includes a
3931		-	specific work or improvement undertaken to provide dwelling
3932		-	accommodations, including the acquisition, construction or
3933		-	rehabilitation of lands, buildings and community facilities
3934		-	and in connection therewith to provide nonhousing facilities
3935		-	which are an integral part of a planned large-scale project or
3936		-	new community.
3937		-	(j) "Commercial project" means any project, including but
3938		-	not limited to one or more buildings and other structures,
3939		-	improvements, machinery and equipment whether or not on the
3940		-
3941		-
3942		-	same site or sites now existing or hereafter acquired,
3943		-	suitable for use by any retail or wholesale concern,
3944		-	distributorship or agency, any cultural facilities of a
3945		-	for-profit or not-for-profit type including but not limited to
3946		-	educational, theatrical, recreational and entertainment,
3947		-	sports facilities, racetracks, stadiums, convention centers,
3948		-	exhibition halls, arenas, opera houses and theaters,
3949		-	waterfront improvements, swimming pools, boat storage,
3950		-	moorage, docking facilities, restaurants, velodromes,
3951		-	coliseums, sports training facilities, parking facilities,
3952		-	terminals, hotels and motels, gymnasiums, medical facilities
3953		-	and port facilities.
3954		-	(k) "Project" means an industrial, housing, residential,
3955		-	commercial or service project or any combination thereof
3956		-	provided that all uses shall fall within one of the categories
3957		-	described above. Any project, of any nature whatsoever, shall
3958		-	automatically include all site improvements and new
3959		-	construction involving sidewalks, sewers, solid waste and
3960		-	wastewater treatment and disposal sites and other pollution
3961		-	control facilities, resource or waste reduction, recovery,
3962		-	treatment and disposal facilities, parks, open spaces,
3963		-	wildlife sanctuaries, streets, highways and runways.
3964		-	(l) "Lease agreement" shall mean an agreement whereby a
3965		-	project acquired by the Authority by purchase, gift or lease
3966		-	is leased to any person or corporation which will use or cause
3967		-	the project to be used as a project as heretofore defined upon
3968		-
3969		-
3970		-	terms providing for lease rental payments at least sufficient
3971		-	to pay when due all principal of and interest and premium, if
3972		-	any, on any bonds, notes or other evidences of indebtedness of
3973		-	the Authority issued with respect to such project, providing
3974		-	for the maintenance, insurance and operation of the project on
3975		-	terms satisfactory to the Authority and providing for
3976		-	disposition of the project upon termination of the lease term,
3977		-	including purchase options or abandonment of the premises,
3978		-	with such other terms as may be deemed desirable by the
3979		-	Authority.
3980		-	(m) "Loan agreement" means any agreement pursuant to which
3981		-	the Authority agrees to loan the proceeds of its bonds, notes
3982		-	or other evidences of indebtedness issued with respect to a
3983		-	project to any person or corporation which will use or cause
3984		-	the project to be used as a project as heretofore defined upon
3985		-	terms providing for loan repayment installments at least
3986		-	sufficient to pay when due all principal of and interest and
3987		-	premium, if any, on any bonds, notes or other evidences of
3988		-	indebtedness of the Authority issued with respect to the
3989		-	project, providing for maintenance, insurance and operation of
3990		-	the project on terms satisfactory to the Authority and
3991		-	providing for other matters as may be deemed advisable by the
3992		-	Authority.
3993		-	(n) "Financial aid" means the expenditure of Authority
3994		-	funds or funds provided by the Authority through the issuance
3995		-	of its revenue bonds, notes or other evidences of indebtedness
3996		-
3997		-
3998		-	for the development, construction, acquisition or improvement
3999		-	of a project.
4000		-	(o) "Costs incurred in connection with the development,
4001		-	construction, acquisition or improvement of a project" means
4002		-	the following: the cost of purchase and construction of all
4003		-	lands and improvements in connection therewith and equipment
4004		-	and other property, rights, easements and franchises acquired
4005		-	which are deemed necessary for such construction; financing
4006		-	charges; interest costs with respect to bonds, notes and other
4007		-	evidences of indebtedness of the Authority prior to and during
4008		-	construction and for a period of 6 months thereafter;
4009		-	engineering and legal expenses; the costs of plans,
4010		-	specifications, surveys and estimates of costs and other
4011		-	expenses necessary or incident to determining the feasibility
4012		-	or practicability of any project, together with such other
4013		-	expenses as may be necessary or incident to the financing,
4014		-	insuring, acquisition and construction of a specific project
4015		-	and the placing of the same in operation.
4016		-	(p) "Terminal" means a public place, station or depot for
4017		-	receiving and delivering passengers, baggage, mail, freight or
4018		-	express matter and any combination thereof in connection with
4019		-	the transportation of persons and property on water or land or
4020		-	in the air.
4021		-	(q) "Terminal facilities" means all land, buildings,
4022		-	structures, improvements, equipment and appliances useful in
4023		-	the operation of public warehouse, storage and transportation
4024		-
4025		-
4026		-	facilities and industrial, manufacturing or commercial
4027		-	activities for the accommodation of or in connection with
4028		-	commerce by water or land or in the air or useful as an aid, or
4029		-	constituting an advantage or convenience to, the safe landing,
4030		-	taking off and navigation of aircraft or the safe and
4031		-	efficient operation or maintenance of a public airport.
4032		-	(r) "Port facilities" means all public structures, except
4033		-	terminal facilities as defined herein, that are in, over,
4034		-	under or adjacent to navigable waters and are necessary for or
4035		-	incident to the furtherance of water commerce and includes the
4036		-	widening and deepening of slips, harbors and navigable waters.
4037		-	(s) "Airport" means any locality, either land or water,
4038		-	which is used or designed for the landing and taking off of
4039		-	aircraft or for the location of runways, landing fields,
4040		-	aerodromes, hangars, buildings, structures, airport roadways
4041		-	and other facilities.
4042		-	(Source: P.A. 86-1024.)
4043		-	(70 ILCS 530/4) (from Ch. 85, par. 7154)
4044		-	Sec. 4. Establishment.
4045		-	(a) There is hereby created a political subdivision, body
4046		-	politic and municipal corporation named the Upper Illinois
4047		-	River Valley Development Authority. The territorial
4048		-	jurisdiction of the Authority is that geographic area within
4049		-	the boundaries of Grundy, LaSalle, Bureau, Putnam, Kendall,
4050		-	Kane, Lake, McHenry, and Marshall counties in the State of
4051		-
4052		-
4053		-	Illinois and any navigable waters and air space located
4054		-	therein.
4055		-	(b) The governing and administrative powers of the
4056		-	Authority shall be vested in a body consisting of 21 members
4057		-	including, as ex officio members, the Director of Commerce and
4058		-	Economic Opportunity, or his or her designee, and the Director
4059		-	of the Department of Central Management Services, or his or
4060		-	her designee. The other 19 members of the Authority shall be
4061		-	designated "public members", 10 of whom shall be appointed by
4062		-	the Governor with the advice and consent of the Senate and 9 of
4063		-	whom shall be appointed one each by the county board chairmen
4064		-	of Grundy, LaSalle, Bureau, Putnam, Kendall, Kane, Lake,
4065		-	McHenry, and Marshall counties. All public members shall
4066		-	reside within the territorial jurisdiction of this Act. Eleven
4067		-	members shall constitute a quorum, and the Board may not meet
4068		-	or take any action without a quorum present. The public
4069		-	members shall be persons of recognized ability and experience
4070		-	in one or more of the following areas: economic development,
4071		-	finance, banking, industrial development, small business
4072		-	management, real estate development, community development,
4073		-	venture finance, organized labor or civic, community or
4074		-	neighborhood organization. The Chairman of the Authority shall
4075		-	be elected by the Board annually from the 9 members appointed
4076		-	by the county board chairmen.
4077		-	(c) The terms of all initial members of the Authority
4078		-	shall begin 30 days after the effective date of this Act. Of
4079		-
4080		-
4081		-	the 14 public members appointed pursuant to this Act, 4
4082		-	appointed by the Governor shall serve until the third Monday
4083		-	in January, 1992, 4 appointed by the Governor shall serve
4084		-	until the third Monday in January, 1993, one appointed by the
4085		-	Governor shall serve until the third Monday in January, 1994,
4086		-	one appointed by the Governor shall serve until the third
4087		-	Monday in January 1999, the member appointed by the county
4088		-	board chairman of LaSalle County shall serve until the third
4089		-	Monday in January, 1992, the members appointed by the county
4090		-	board chairmen of Grundy County, Bureau County, Putnam County,
4091		-	and Marshall County shall serve until the third Monday in
4092		-	January, 1994, and the member appointed by the county board
4093		-	chairman of Kendall County shall serve until the third Monday
4094		-	in January, 1999. The initial members appointed by the
4095		-	chairmen of the county boards of Kane and McHenry counties
4096		-	shall serve until the third Monday in January, 2003. The
4097		-	initial members appointed by the chairman of the county board
4098		-	of Lake County shall serve until the third Monday in January,
4099		-	2018. All successors shall be appointed by the original
4100		-	appointing authority and hold office for a term of 3 years
4101		-	commencing the third Monday in January of the year in which
4102		-	their term commences, except in case of an appointment to fill
4103		-	a vacancy. Vacancies occurring among the public members shall
4104		-	be filled for the remainder of the term. In case of vacancy in
4105		-	a Governor-appointed membership when the Senate is not in
4106		-	session, the Governor may make a temporary appointment until
4107		-
4108		-
4109		-	the next meeting of the Senate when a person shall be nominated
4110		-	to fill such office, and any person so nominated who is
4111		-	confirmed by the Senate shall hold office during the remainder
4112		-	of the term and until a successor shall be appointed and
4113		-	qualified. Members of the Authority shall not be entitled to
4114		-	compensation for their services as members but shall be
4115		-	entitled to reimbursement for all necessary expenses incurred
4116		-	in connection with the performance of their duties as members.
4117		-	(d) The Governor may remove any public member of the
4118		-	Authority in case of incompetency, neglect of duty, or
4119		-	malfeasance in office.
4120		-	(e) The Board shall appoint an Executive Director who
4121		-	shall have a background in finance, including familiarity with
4122		-	the legal and procedural requirements of issuing bonds, real
4123		-	estate or economic development and administration. The
4124		-	Executive Director shall hold office at the discretion of the
4125		-	Board. The Executive Director shall be the chief
4126		-	administrative and operational officer of the Authority, shall
4127		-	direct and supervise its administrative affairs and general
4128		-	management, shall perform such other duties as may be
4129		-	prescribed from time to time by the members and shall receive
4130		-	compensation fixed by the Authority. The Executive Director
4131		-	shall attend all meetings of the Authority; however, no action
4132		-	of the Authority shall be invalid on account of the absence of
4133		-	the Executive Director from a meeting. The Authority may
4134		-	engage the services of such other agents and employees,
4135		-
4136		-
4137		-	including attorneys, appraisers, engineers, accountants,
4138		-	credit analysts and other consultants, as it may deem
4139		-	advisable and may prescribe their duties and fix their
4140		-	compensation.
4141		-	(f) The Board may, by majority vote, nominate up to 4
4142		-	non-voting members for appointment by the Governor. Non-voting
4143		-	members shall be persons of recognized ability and experience
4144		-	in one or more of the following areas: economic development,
4145		-	finance, banking, industrial development, small business
4146		-	management, real estate development, community development,
4147		-	venture finance, organized labor or civic, community or
4148		-	neighborhood organization. Non-voting members shall serve at
4149		-	the pleasure of the Board. All non-voting members may attend
4150		-	meetings of the Board and shall be reimbursed as provided in
4151		-	subsection (c).
4152		-	(g) The Board shall create a task force to study and make
4153		-	recommendations to the Board on the economic development of
4154		-	the territory within the jurisdiction of this Act. The members
4155		-	of the task force shall reside within the territorial
4156		-	jurisdiction of this Act, shall serve at the pleasure of the
4157		-	Board and shall be persons of recognized ability and
4158		-	experience in one or more of the following areas: economic
4159		-	development, finance, banking, industrial development, small
4160		-	business management, real estate development, community
4161		-	development, venture finance, organized labor or civic,
4162		-	community or neighborhood organization. The number of members
4163		-
4164		-
4165		-	constituting the task force shall be set by the Board and may
4166		-	vary from time to time. The Board may set a specific date by
4167		-	which the task force is to submit its final report and
4168		-	recommendations to the Board.
4169		-	(Source: P.A. 99-499, eff. 1-29-16.)
4170		-	(70 ILCS 530/5.1 new)
4171		-	Sec. 5.1. Requests for assistance; disclosure of economic
4172		-	interests.
4173		-	(a) The Authority may not hear a request for assistance
4174		-	from a restricted person. This prohibition extends to business
4175		-	relationships between a person who is an Authority leader
4176		-	within one year prior to the request for assistance and to any
4177		-	entity in which a restricted person holds or, within the past 2
4178		-	years, held an ownership interest of 10% or more.
4179		-	(b) An Authority leader shall disclose and recuse himself
4180		-	or herself from matters relating to requests for assistance
4181		-	from an entity that is relocating full-time employees from
4182		-	another Authority's counties if (i) both Authorities contract
4183		-	with or employ the same Authority leader or (ii) there is or,
4184		-	within the past 2 years of the request, there was a business
4185		-	relationship between the Authority leaders at the 2
4186		-	Authorities.
4187		-	(c) The Board of the Authority shall vote to renew the
4188		-	appointment of the Executive Director and other Authority
4189		-	leaders on an annual basis. All contracts shall be approved on
4190		-
4191		-
4192		-	an annual basis and use a public process to solicit
4193		-	applications. This requirement does not apply to full-time
4194		-	employees of the Authority unless otherwise required by
4195		-	applicable State law or local ordinance.
4196		-	(d) Each Authority leader shall submit a statement of
4197		-	economic interest in accordance with Article 4A of the
4198		-	Illinois Governmental Ethics Act. Additionally, each Authority
4199		-	leader shall disclose to the Board outside sources of income
4200		-	and any business relationships in economic development
4201		-	consulting or lobbying. Reporting shall include the source of
4202		-	income, services provided, and timeline of when services were
4203		-	provided. If the source of income is a firm or organization
4204		-	with multiple clients, the report shall list all of the
4205		-	entities for which the individual provided services.
4206		-	(70 ILCS 530/5.2 new)
4207		-	Sec. 5.2. Open meetings; record disclosure.
4208		-	(a) The Authority is subject to the Open Meetings Act and
4209		-	the Freedom of Information Act. Documents subject to the
4210		-	Freedom of Information Act include, but are not limited to,
4211		-	expenses, payroll, origination bonuses, and other financial
4212		-	details of the Authority.
4213		-	(b) A contract or agreement entered into by the Authority
4214		-	must be posted on the Authority's website. The Authority shall
4215		-	provide a detailed report of the Authority's financial
4216		-	information on the Authority's website, including, but not
4217		-
4218		-
4219		-	limited to, a statement of profits and losses, balance sheet,
4220		-	and income statement of the Authority.
4221		-	(70 ILCS 530/14) (from Ch. 85, par. 7164)
4222		-	Sec. 14. Reports; commitment notice. The Authority shall
4223		-	annually submit a report of its finances to the Auditor
4224		-	General. The Authority shall annually submit a report of its
4225		-	activities to the Governor and General Assembly.
4226		-	The Authority shall provide notice to the General
4227		-	Assembly, the Department of Commerce and Economic Opportunity,
4228		-	and the Governor once the Authority enters into a commitment
4229		-	to support the financing of a project. The notice to the
4230		-	General Assembly shall be filed with the Clerk of the House of
4231		-	Representatives and the Secretary of the Senate, in electronic
4232		-	form only, in the manner that the Clerk and the Secretary shall
4233		-	direct.
4234		-	(Source: P.A. 86-1024.)
4235		-	Section 65. The Illinois Urban Development Authority Act
4236		-	is amended by changing Sections 3, 4, 5, and 6 as follows:
4237		-	(70 ILCS 531/3)
4238		-	Sec. 3. Definitions. The following terms, whenever used or
4239		-	referred to in this Act, shall have the following meanings,
4240		-	except in such instances where the context may clearly
4241		-	indicate otherwise:
4242		-
4243		-
4244		-	"Authority" means the Illinois Urban Development Authority
4245		-	created by this Act.
4246		-	"Authority leader" means the Executive Director, Assistant
4247		-	Executive Director, or any other person serving in a
4248		-	management, administrative, or leadership role at the
4249		-	Authority.
4250		-	"Board" means the Illinois Urban Development Authority
4251		-	Board of Directors.
4252		-	"Bonds" shall include bonds, notes, or other evidence of
4253		-	indebtedness.
4254		-	"Commercial project" means any project, including but not
4255		-	limited to one or more buildings and other structures,
4256		-	improvements, machinery, and equipment whether or not on the
4257		-	same site or sites now existing or hereafter acquired,
4258		-	suitable for use by any retail or wholesale concern,
4259		-	distributorship, or agency, any cultural facilities of a
4260		-	for-profit or not-for-profit type including but not limited to
4261		-	educational, theatrical, recreational and entertainment,
4262		-	sports facilities, racetracks, stadiums, convention centers,
4263		-	exhibition halls, arenas, opera houses and theaters,
4264		-	waterfront improvements, swimming pools, boat storage,
4265		-	moorage, docking facilities, restaurants, coliseums, sports
4266		-	training facilities, parking facilities, terminals, hotels and
4267		-	motels, gymnasiums, medical facilities, and port facilities.
4268		-	"Costs incurred in connection with the development,
4269		-	construction, acquisition, or improvement of a project" means
4270		-
4271		-
4272		-	the cost of purchase and construction of all lands and
4273		-	improvements in connection with a project and equipment and
4274		-	other property, rights, easements, and franchises acquired
4275		-	that are deemed necessary for such construction; financing
4276		-	charges; interest costs with respect to bonds, notes, and
4277		-	other evidences of indebtedness of the Authority prior to and
4278		-	during construction and for a period of 6 months thereafter;
4279		-	engineering and legal expenses; the costs of plans,
4280		-	specifications, surveys, and estimates of costs and other
4281		-	expenses necessary or incident to determining the feasibility
4282		-	or practicability of any project, together with such other
4283		-	expenses as may be necessary or incident to the financing,
4284		-	insuring, acquisition, and construction of a specific project
4285		-	and the placing of the same in operation.
4286		-	"Develop" or "development" means to do one or more of the
4287		-	following: plan, design, develop, lease, acquire, install,
4288		-	construct, reconstruct, rehabilitate, extend, or expand.
4289		-	"Financial aid" means the expenditure of Authority funds
4290		-	or funds provided by the Authority through the issuance of its
4291		-	revenue bonds, notes, or other evidences of indebtedness for
4292		-	the development, construction, acquisition, or improvement of
4293		-	a project.
4294		-	"Governmental agency" means any federal, State or local
4295		-	governmental body, and any agency or instrumentality thereof,
4296		-	corporate or otherwise.
4297		-	"Governor" means the Governor of the State of Illinois.
4298		-
4299		-
4300		-	"Housing project" or "residential project" includes a
4301		-	specific work or improvement undertaken to provide dwelling
4302		-	accommodations, including the acquisition, construction,
4303		-	leasing, or rehabilitation of lands, buildings, and community
4304		-	facilities and in connection therewith to provide nonhousing
4305		-	facilities which are an integral part of a planned large-scale
4306		-	project or new community.
4307		-	"Industrial project" means (1) a capital project,
4308		-	including one or more buildings and other structures,
4309		-	improvements, machinery, and equipment whether or not on the
4310		-	same site or sites now existing or hereafter acquired,
4311		-	suitable for use by any manufacturing, industrial, research,
4312		-	transportation, or commercial enterprise including but not
4313		-	limited to use as a factory, mill, processing plant, assembly
4314		-	plant, packaging plant, fabricating plant, office building,
4315		-	industrial distribution center, warehouse, repair, overhaul or
4316		-	service facility, freight terminal, research facility, test
4317		-	facility, railroad facility, solid waste and wastewater
4318		-	treatment and disposal sites and other pollution control
4319		-	facilities, resource or waste reduction, recovery, treatment
4320		-	and disposal facilities, and including also the sites thereof
4321		-	and other rights in land therefor whether improved or
4322		-	unimproved, site preparation and landscaping and all
4323		-	appurtenances and facilities incidental thereto such as
4324		-	utilities, access roads, railroad sidings, truck docking and
4325		-	similar facilities, parking facilities, dockage, wharfage,
4326		-
4327		-
4328		-	railroad roadbed, track, trestle, depot, terminal, switching,
4329		-	and signaling equipment or related equipment and other
4330		-	improvements necessary or convenient thereto; or (2) any land,
4331		-	buildings, machinery or equipment comprising an addition to or
4332		-	renovation, rehabilitation or improvement of any existing
4333		-	capital project.
4334		-	"Lease agreement" means an agreement whereby a project
4335		-	acquired by the Authority by purchase, gift, or lease is
4336		-	leased to any person or corporation that will use or cause the
4337		-	project to be used as a project as defined in this Act upon
4338		-	terms providing for lease rental payments at least sufficient
4339		-	to pay when due all principal of and interest and premium, if
4340		-	any, on any bonds, notes or other evidences of indebtedness of
4341		-	the Authority issued with respect to such project, providing
4342		-	for the maintenance, insurance, and operation of the project
4343		-	on terms satisfactory to the Authority, and providing for
4344		-	disposition of the project upon termination of the lease term,
4345		-	including purchase options or abandonment of the premises,
4346		-	with such other terms as may be deemed desirable by the
4347		-	Authority. The Authority may, directly or indirectly, lease or
4348		-	otherwise transfer property the Authority owns to another and
4349		-	such leased property shall remain tax exempt.
4350		-	"Loan agreement" means any agreement pursuant to which the
4351		-	Authority agrees to loan the proceeds of its bonds, notes, or
4352		-	other evidences of indebtedness issued with respect to a
4353		-	project to any person or corporation that will use or cause the
4354		-
4355		-
4356		-	project to be used as a project as defined in this Act upon
4357		-	terms providing for loan repayment installments at least
4358		-	sufficient to pay when due all principal and interest and
4359		-	premium, if any, on any bonds, notes, or other evidences of
4360		-	indebtedness of the Authority issued with respect to the
4361		-	project, providing for maintenance, insurance, and operation
4362		-	of the project on terms satisfactory to the Authority and
4363		-	providing for other matters as may be deemed advisable by the
4364		-	Authority.
4365		-	"Maintain" or "maintenance" includes ordinary maintenance,
4366		-	repair, rehabilitation, capital maintenance, maintenance
4367		-	replacement, and any other categories of maintenance that may
4368		-	be designated by the local, regional, or State transportation
4369		-	agency.
4370		-	"Municipal poverty rate" is the percentage of total
4371		-	population of the municipality having income levels below the
4372		-	poverty level as determined by the Authority based upon the
4373		-	most recent data released by the United States Census Bureau
4374		-	before the beginning of such calendar year.
4375		-	"Occupational license" means a license issued by the
4376		-	Illinois Gaming Board to a person or entity to perform an
4377		-	occupation which the Illinois Gaming Board has identified as
4378		-	requiring a license to engage in riverboat, dockside, or
4379		-	land-based gambling in Illinois.
4380		-	"Operate" or "operation" means to do one or more of the
4381		-	following: maintain, improve, equip, modify, or otherwise
4382		-
4383		-
4384		-	operate.
4385		-	"Person" means any natural person, firm, partnership,
4386		-	corporation, both domestic and foreign, company, association,
4387		-	or joint stock association and includes any trustee, receiver,
4388		-	assignee, or personal representative thereof.
4389		-	"Project" means an industrial, housing, residential,
4390		-	commercial, transportation, or service project, or any
4391		-	combination thereof, provided that all uses shall fall within
4392		-	one of those categories. Any project, of any nature
4393		-	whatsoever, shall automatically include all site improvements
4394		-	and new construction involving sidewalks, sewers, solid waste
4395		-	and wastewater treatment and disposal sites and other
4396		-	pollution control facilities, resource or waste reduction,
4397		-	recovery, treatment and disposal facilities, parks, open
4398		-	spaces, wildlife sanctuaries, streets, highways, and runways.
4399		-	"Restricted person" means a person who has a familial or
4400		-	business relationship with an Authority leader.
4401		-	"Revenue bond" means any bond issued by the Authority
4402		-	under the supervision of the Illinois Finance Authority, the
4403		-	principal and interest of which are payable solely from
4404		-	revenues or income derived from any project or activity of the
4405		-	Authority.
4406		-	"Transportation facility" means any new or existing road,
4407		-	highway, toll highway, bridge, tunnel, intermodal facility,
4408		-	intercity or high-speed passenger rail, or other
4409		-	transportation facility or infrastructure, excluding airports.
4410		-
4411		-
4412		-	The term "transportation facility" may refer to one or more
4413		-	transportation facilities that are proposed to be developed or
4414		-	operated as part of a single transportation project.
4415		-	"Transportation project" means one or more transportation
4416		-	improvement projects including, but not limited to, new or
4417		-	existing roads or highways, new or expanded intermodal
4418		-	projects, and new or expanded transit projects,
4419		-	transit-oriented development, intercity rail, and passenger
4420		-	rail. "Transportation project" does not include airport
4421		-	projects.
4422		-	(Source: P.A. 98-384, eff. 8-16-13.)
4423		-	(70 ILCS 531/4)
4424		-	Sec. 4. Illinois Urban Development Authority. There is
4425		-	hereby created a political subdivision, body politic and
4426		-	corporate by the name of Illinois Urban Development Authority.
4427		-	The exercise by the Authority of the powers conferred by law
4428		-	shall be an essential public function. The governing powers of
4429		-	the Authority shall be vested in a body consisting of 11
4430		-	members appointed as follows: one member appointed by the
4431		-	Mayor of the City of Chicago that has expertise, skill, and
4432		-	experience in economic development; one member appointed by
4433		-	the President of the Cook County Board that has expertise,
4434		-	skill, and experience in economic development; 4 members
4435		-	appointed by the Governor who are residents of a municipality,
4436		-	other than a municipality with a population greater than
4437		-
4438		-
4439		-	1,000,000, whose municipal poverty rate is greater than 3% in
4440		-	excess of the statewide average; 2 members appointed by the
4441		-	Governor that have an expertise, skill, and experience in
4442		-	labor relations; and 3 members appointed by the Governor that
4443		-	have an expertise, skill, and experience operating a business
4444		-	that is certified by the State of Illinois as a Disadvantaged
4445		-	Business Enterprise, Minority Business Enterprise, or Women
4446		-	Business Enterprise.
4447		-	Six members shall constitute a quorum. However, when a
4448		-	quorum of members of the Authority is physically present at
4449		-	the meeting site, other Authority members may participate in
4450		-	and act at any meeting through the use of a conference
4451		-	telephone or other communications equipment by means of which
4452		-	all persons participating in the meeting can hear each other.
4453		-	Participation in such meeting shall constitute attendance and
4454		-	presence in person at the meeting of the person or persons so
4455		-	participating. The Chairman of the Authority shall be elected
4456		-	by the Authority. All board members shall be persons of
4457		-	recognized ability and experience in one or more of the
4458		-	following areas: economic development, finance, banking,
4459		-	industrial development, small business management, real estate
4460		-	development, community development, venture finance,
4461		-	construction, and labor relations. The Board may not meet or
4462		-	take any action unless the quorum of 6 members are physically
4463		-	present, are present by phone, or are otherwise present as
4464		-	required by this paragraph.
4465		-
4466		-
4467		-	The terms of all members of the Authority shall begin 30
4468		-	days after the effective date of this Act. Of the 11 members
4469		-	first appointed pursuant to this Act, 4 shall serve until the
4470		-	third Monday in January 2011, 4 shall serve until the third
4471		-	Monday in January 2012, and 3 shall serve until the third
4472		-	Monday in January 2013. All board members shall hold office
4473		-	for a term of 4 years commencing the third Monday in January of
4474		-	the year in which their term commences, except in case of an
4475		-	appointment to fill a vacancy. In case of vacancy in the office
4476		-	when the Senate is not in session, the Governor may make a
4477		-	temporary appointment until the next meeting of the Senate
4478		-	when he shall nominate such person to fill such office, and any
4479		-	person so nominated who is confirmed by the Senate, shall hold
4480		-	his office during the remainder of the term and until his
4481		-	successor shall be appointed and qualified. If the Senate is
4482		-	not in session, the Governor may make temporary appointments
4483		-	in the case of vacancies.
4484		-	Members of the Authority shall not be entitled to
4485		-	compensation for their services as members but shall be
4486		-	entitled to reimbursement for all necessary expenses incurred
4487		-	in connection with the performance of their duties as members.
4488		-	The Governor may remove any member of the Authority in case of
4489		-	incompetency, neglect of duty, or malfeasance in office, after
4490		-	service on the member of a copy of the written charges against
4491		-	the member and an opportunity to be publicly heard in person or
4492		-	by counsel in the his or her defense upon not less than 10
4493		-
4494		-
4495		-	days' notice.
4496		-	The members of the Authority shall appoint an Executive
4497		-	Director, who must be a person knowledgeable in the areas of
4498		-	financial markets and instruments and the financing of
4499		-	business enterprises, to hold office at the pleasure of the
4500		-	members. The Executive Director shall be the chief
4501		-	administrative and operational officer of the Authority and
4502		-	shall direct and supervise its administrative affairs and
4503		-	general management and perform such other duties as may be
4504		-	prescribed from time to time by the members and shall receive
4505		-	compensation fixed by the Authority. The Executive Director or
4506		-	any committee of the members may carry out any
4507		-	responsibilities of the members as the members by resolution
4508		-	may delegate. The Executive Director shall attend all meetings
4509		-	of the Authority; however, no action of the Authority shall be
4510		-	invalid on account of the absence of the Executive Director
4511		-	from a meeting. The Authority may engage the services of such
4512		-	other agents and employees, including attorneys, appraisers,
4513		-	engineers, accountants, credit analysts, and other
4514		-	consultants, as it may deem advisable and may prescribe their
4515		-	duties and fix their compensation.
4516		-	The Authority shall determine the municipal poverty rate
4517		-	and the statewide average municipal poverty rate annually by
4518		-	using the most recent data released by the United States
4519		-	Census Bureau before the beginning of each calendar year. The
4520		-	Authority shall have the sole and exclusive authority to
4521		-
4522		-
4523		-	determine the municipal poverty rate and the statewide average
4524		-	municipal poverty rate and to determine whether a
4525		-	municipality's poverty rate is greater than 3% in excess of
4526		-	the statewide average so long as the determination is based on
4527		-	the most recent data released by the United States Census
4528		-	Bureau.
4529		-	(Source: P.A. 96-234, eff. 1-1-10.)
4530		-	(70 ILCS 531/5)
4531		-	Sec. 5. Conflicts of interest; requests for assistance;
4532		-	disclosure of economic interests.
4533		-	(a) No member of the Authority or officer, agent, or
4534		-	employee thereof shall, in the member's own name or in the name
4535		-	of a nominee, be an officer, director, or hold an ownership
4536		-	interest in any person, association, trust, corporation,
4537		-	partnership, or other entity which is, in its own name or in
4538		-	the name of a nominee, a party to a contract or agreement upon
4539		-	which the member or officer, agent or employee may be called
4540		-	upon to act or vote.
4541		-	(b) With respect to any direct or any indirect interest,
4542		-	other than an interest prohibited in subsection (a), in a
4543		-	contract or agreement upon which the member or officer, agent
4544		-	or employee may be called upon to act or vote, a member of the
4545		-	Authority or officer, agent, or employee thereof must disclose
4546		-	the interest to the secretary of the Authority prior to the
4547		-	taking of final action by the Authority concerning the
4548		-
4549		-
4550		-	contract or agreement and shall disclose the nature and extent
4551		-	of the interest and his or her acquisition thereof, which
4552		-	shall be publicly acknowledged by the Authority and entered
4553		-	upon the minutes of the Authority. If a member of the Authority
4554		-	or officer, agent, or employee thereof holds such an interest
4555		-	then the member shall refrain from any further official
4556		-	involvement in regard to the contract or agreement, from
4557		-	voting on any matter pertaining to the contract or agreement,
4558		-	and from communicating with other members of the Authority or
4559		-	its officers, agents, and employees concerning the contract or
4560		-	agreement. Notwithstanding any other provision of law, any
4561		-	contract or agreement entered into in conformity with this
4562		-	subsection shall not be void or invalid by reason of the
4563		-	interest described in this subsection, nor shall any person
4564		-	disclosing an interest and refraining from further official
4565		-	involvement as provided in this subsection be guilty of an
4566		-	offense, be removed from office, or be subject to any other
4567		-	penalty on account of the interest.
4568		-	(c) Any contract or agreement made in violation of
4569		-	subsections (a) or (b) shall be null and void, whether or not
4570		-	the contract performance has been authorized, and shall give
4571		-	rise to no action against the Authority. No real estate to
4572		-	which a member or employee of the Authority holds legal title
4573		-	or in which a member or employee of the Authority has any
4574		-	beneficial interest, including any interest in a land trust,
4575		-	shall be purchased by the Authority or by a nonprofit
4576		-
4577		-
4578		-	corporation or limited-profit entity for a development to be
4579		-	financed under this Act.
4580		-	All members and employees of the Authority shall file
4581		-	annually with the Authority a record of all real estate in this
4582		-	State to which the member or employee holds legal title or in
4583		-	which the member or employee has any beneficial interest,
4584		-	including any interest in a land trust. In the event it is
4585		-	later disclosed that the Authority has purchased real estate
4586		-	in which a member or employee had an interest, that purchase
4587		-	shall be voidable by the Authority and the member or employee
4588		-	involved shall be disqualified from membership in or
4589		-	employment by the Authority.
4590		-	(d) The Authority may not hear a request for assistance
4591		-	from a restricted person. This prohibition extends to business
4592		-	relationships between a person who is an Authority leader
4593		-	within one year prior to the request for assistance and to any
4594		-	entity in which a restricted person holds or, within the past 2
4595		-	years, held an ownership interest of 10% or more.
4596		-	(e) An Authority leader shall disclose and recuse himself
4597		-	or herself from matters relating to requests for assistance
4598		-	from an entity that is relocating full-time employees from
4599		-	another Authority's counties if (i) both Authorities contract
4600		-	with or employ the same Authority leader or (ii) there is or,
4601		-	within the past 2 years of the request, there was a business
4602		-	relationship between the Authority leaders at the 2
4603		-	Authorities.
4604		-
4605		-
4606		-	(f) The Board of the Authority shall vote to renew the
4607		-	appointment of the Executive Director and other Authority
4608		-	leaders on an annual basis. All contracts shall be approved on
4609		-	an annual basis and use a public process to solicit
4610		-	applications. This requirement does not apply to full-time
4611		-	employees of the Authority unless otherwise required by
4612		-	applicable State law or local ordinance.
4613		-	(g) Each Authority leader shall submit a statement of
4614		-	economic interest in accordance with Article 4A of the
4615		-	Illinois Governmental Ethics Act. Additionally, each Authority
4616		-	leader shall disclose to the Board outside sources of income
4617		-	and any business relationships in economic development
4618		-	consulting or lobbying. Reporting shall include the source of
4619		-	income, services provided, and timeline of when services were
4620		-	provided. If the source of income is a firm or organization
4621		-	with multiple clients, the report shall list all of the
4622		-	entities for which the individual provided services.
4623		-	(Source: P.A. 96-234, eff. 1-1-10.)
4624		-	(70 ILCS 531/6)
4625		-	Sec. 6. Records, and reports, and notices of the
4626		-	Authority. The secretary shall keep a record of the
4627		-	proceedings of the Authority. The treasurer of the Authority
4628		-	shall be custodian of all Authority funds, and shall be bonded
4629		-	in such amount as the other members of the Authority may
4630		-	designate. The accounts and bonds of the Authority shall be
4631		-
4632		-
4633		-	set up and maintained in a manner approved by the Auditor
4634		-	General, and the Authority shall file with the Auditor General
4635		-	a certified annual report within 120 days after the close of
4636		-	its fiscal year. The Authority shall also file with the
4637		-	Governor, the Secretary of the Senate, the Clerk of the House
4638		-	of Representatives, and the Commission on Government
4639		-	Forecasting and Accountability, by March 1 of each year, a
4640		-	written report covering its activities and any activities of
4641		-	any instrumentality corporation established under this Act for
4642		-	the previous fiscal year. In its report to be filed by March 1,
4643		-	2010, the Authority shall present an economic development
4644		-	strategy for all municipalities with a municipal poverty rate
4645		-	greater than 3% in excess of the statewide average, the
4646		-	Authority shall make modifications in the economic development
4647		-	strategy for the 4 years beginning on the next ensuing July 1,
4648		-	to reflect changes in economic conditions or other factors,
4649		-	including the policies of the Authority and the State of
4650		-	Illinois. It shall also present an economic development
4651		-	strategy for the fifth year beginning after the next ensuing
4652		-	July 1. The strategy shall recommend specific legislative and
4653		-	administrative action by the State, the Authority, units of
4654		-	local government, or other governmental agencies. These
4655		-	recommendations may include, but are not limited to, new
4656		-	programs, modifications to existing programs, credit
4657		-	enhancements for bonds issued by the Authority, and amendments
4658		-	to this Act. When filed, the report shall be a public record
4659		-
4660		-
4661		-	and open for inspection at the offices of the Authority during
4662		-	normal business hours.
4663		-	The Authority is subject to the Open Meetings Act and the
4664		-	Freedom of Information Act. Documents subject to the Freedom
4665		-	of Information Act include, but are not limited to, expenses,
4666		-	payroll, origination bonuses, and other financial details of
4667		-	the Authority.
4668		-	A contract or agreement entered into by the Authority must
4669		-	be posted on the Authority's website. The Authority shall
4670		-	provide a detailed report of the Authority's financial
4671		-	information on the Authority's website, including, but not
4672		-	limited to, a statement of profits and losses, balance sheet,
4673		-	and income statement of the Authority.
4674		-	The Authority shall provide notice to the General
4675		-	Assembly, the Department of Commerce and Economic Opportunity,
4676		-	and the Governor once the Authority enters into a commitment
4677		-	to support the financing of a project. The notice to the
4678		-	General Assembly shall be filed with the Clerk of the House of
4679		-	Representatives and the Secretary of the Senate, in electronic
4680		-	form only, in the manner that the Clerk and the Secretary shall
4681		-	direct.
4682		-	(Source: P.A. 100-1148, eff. 12-10-18.)
4683		-	Section 70. The Western Illinois Economic Development
4684		-	Authority Act is amended by changing Sections 15, 20, and 75
4685		-	and by adding Sections 26 and 27 as follows:
4686		-
4687		-
4688		-	(70 ILCS 532/15)
4689		-	Sec. 15. Definitions. In this Act:
4690		-	"Authority" means the Western Illinois Economic
4691		-	Development Authority.
4692		-	"Authority leader" means the Executive Director, Assistant
4693		-	Executive Director, or any other person serving in a
4694		-	management, administrative, or leadership role at the
4695		-	Authority.
4696		-	"Governmental agency" means any federal, State, or local
4697		-	governmental body and any agency or instrumentality thereof,
4698		-	corporate or otherwise.
4699		-	"Person" means any natural person, firm, partnership,
4700		-	corporation, both domestic and foreign, company, association
4701		-	or joint stock association and includes any trustee, receiver,
4702		-	assignee or personal representative thereof.
4703		-	"Restricted person" means a person who has a familial or
4704		-	business relationship with an Authority leader.
4705		-	"Revenue bond" means any bond issued by the Authority, the
4706		-	principal and interest of which is payable solely from
4707		-	revenues or income derived from any project or activity of the
4708		-	Authority.
4709		-	"Board" means the Board of Directors of the Western
4710		-	Illinois Economic Development Authority.
4711		-	"Governor" means the Governor of the State of Illinois.
4712		-	"City" means any city, village, incorporated town, or
4713		-
4714		-
4715		-	township within the geographical territory of the Authority.
4716		-	"Industrial project" means the following:
4717		-	(1) a capital project, including one or more buildings
4718		-	and other structures, improvements, machinery and
4719		-	equipment whether or not on the same site or sites now
4720		-	existing or hereafter acquired, suitable for use by any
4721		-	manufacturing, industrial, research, transportation or
4722		-	commercial enterprise including but not limited to use as
4723		-	a factory, mill, processing plant, assembly plant,
4724		-	packaging plant, fabricating plant, ethanol plant, office
4725		-	building, industrial distribution center, warehouse,
4726		-	repair, overhaul or service facility, freight terminal,
4727		-	research facility, test facility, railroad facility, port
4728		-	facility, solid waste and wastewater treatment and
4729		-	disposal sites and other pollution control facilities,
4730		-	resource or waste reduction, recovery, treatment and
4731		-	disposal facilities, and including also the sites thereof
4732		-	and other rights in land therefore whether improved or
4733		-	unimproved, site preparation and landscaping and all
4734		-	appurtenances and facilities incidental thereto such as
4735		-	utilities, access roads, railroad sidings, truck docking
4736		-	and similar facilities, parking facilities, dockage,
4737		-	wharfage, railroad roadbed, track, trestle, depot,
4738		-	terminal, switching and signaling equipment or related
4739		-	equipment and other improvements necessary or convenient
4740		-	thereto; or
4741		-
4742		-
4743		-	(2) any land, buildings, machinery or equipment
4744		-	comprising an addition to or renovation, rehabilitation or
4745		-	improvement of any existing capital project.
4746		-	"Housing project" or "residential project" includes a
4747		-	specific work or improvement undertaken to provide dwelling
4748		-	accommodations, including the acquisition, construction or
4749		-	rehabilitation of lands, buildings and community facilities
4750		-	and in connection therewith to provide nonhousing facilities
4751		-	which are an integral part of a planned large-scale project or
4752		-	new community.
4753		-	"Commercial project" means any project, including, but not
4754		-	limited to, one or more buildings and other structures,
4755		-	improvements, machinery, and equipment, whether or not on the
4756		-	same site or sites now existing or hereafter acquired,
4757		-	suitable for use by any retail or wholesale concern,
4758		-	distributorship, or agency.
4759		-	"Project" means an industrial, housing, residential,
4760		-	commercial, or service project, or any combination thereof,
4761		-	provided that all uses fall within one of the categories
4762		-	described above. Any project automatically includes all site
4763		-	improvements and new construction involving sidewalks, sewers,
4764		-	solid waste and wastewater treatment and disposal sites and
4765		-	other pollution control facilities, resource or waste
4766		-	reduction, recovery, treatment and disposal facilities, parks,
4767		-	open spaces, wildlife sanctuaries, streets, highways, and
4768		-	runways.
4769		-
4770		-
4771		-	"Lease agreement" means an agreement in which a project
4772		-	acquired by the Authority by purchase, gift, or lease is
4773		-	leased to any person or corporation that will use, or cause the
4774		-	project to be used, as a project, upon terms providing for
4775		-	lease rental payments at least sufficient to pay, when due,
4776		-	all principal of and interest and premium, if any, on any
4777		-	bonds, notes, or other evidences of indebtedness of the
4778		-	Authority, issued with respect to the project, providing for
4779		-	the maintenance, insurance, and operation of the project on
4780		-	terms satisfactory to the Authority and providing for
4781		-	disposition of the project upon termination of the lease term,
4782		-	including purchase options or abandonment of the premises,
4783		-	with other terms as may be deemed desirable by the Authority.
4784		-	"Loan agreement" means any agreement in which the
4785		-	Authority agrees to loan the proceeds of its bonds, notes, or
4786		-	other evidences of indebtedness, issued with respect to a
4787		-	project, to any person or corporation which will use or cause
4788		-	the project to be used as a project, upon terms providing for
4789		-	loan repayment installments at least sufficient to pay, when
4790		-	due, all principal of and interest and premium, if any, on any
4791		-	bonds, notes, or other evidences of indebtedness of the
4792		-	Authority issued with respect to the project, providing for
4793		-	maintenance, insurance, and operation of the project on terms
4794		-	satisfactory to the Authority and providing for other terms
4795		-	deemed advisable by the Authority.
4796		-	"Financial aid" means the expenditure of Authority funds
4797		-
4798		-
4799		-	or funds provided by the Authority for the development,
4800		-	construction, acquisition or improvement of a project, through
4801		-	the issuance of revenue bonds, notes, or other evidences of
4802		-	indebtedness.
4803		-	"Costs incurred in connection with the development,
4804		-	construction, acquisition or improvement of a project" means
4805		-	the following:
4806		-	(1) the cost of purchase and construction of all lands
4807		-	and improvements in connection therewith and equipment and
4808		-	other property, rights, easements, and franchises acquired
4809		-	which are deemed necessary for the construction;
4810		-	(2) financing charges;
4811		-	(3) interest costs with respect to bonds, notes, and
4812		-	other evidences of indebtedness of the Authority prior to
4813		-	and during construction and for a period of 6 months
4814		-	thereafter;
4815		-	(4) engineering and legal expenses; and
4816		-	(5) the costs of plans, specifications, surveys, and
4817		-	estimates of costs and other expenses necessary or
4818		-	incident to determining the feasibility or practicability
4819		-	of any project, together with such other expenses as may
4820		-	be necessary or incident to the financing, insuring,
4821		-	acquisition, and construction of a specific project and
4822		-	the placing of the same in operation.
4823		-	(Source: P.A. 98-750, eff. 1-1-15.)
4824		-
4825		-
4826		-	(70 ILCS 532/20)
4827		-	Sec. 20. Creation.
4828		-	(a) There is created a political subdivision, body
4829		-	politic, and municipal corporation named the Western Illinois
4830		-	Economic Development Authority. The territorial jurisdiction
4831		-	of the Authority is that geographic area within the boundaries
4832		-	of the following counties: Warren, Henderson, Hancock,
4833		-	McDonough, Fulton, Mason, Cass, Schuyler, Brown, Adams, Scott,
4834		-	Morgan, and Pike and any navigable waters and air space
4835		-	located therein.
4836		-	(b) The governing and administrative powers of the
4837		-	Authority shall be vested in a body consisting of 21 members as
4838		-	follows:
4839		-	(1) Ex officio members. The Director of Commerce and
4840		-	Economic Opportunity, or a designee of that Department,
4841		-	and the Director of Central Management Services, or a
4842		-	designee of that Department, shall serve as ex officio
4843		-	members.
4844		-	(2) Public members. Six members shall be appointed by
4845		-	the Governor with the advice and consent of the Senate.
4846		-	The county board chairmen of the following counties shall
4847		-	each appoint one member: Warren, Henderson, Hancock,
4848		-	McDonough, Fulton, Mason, Cass, Schuyler, Brown, Adams,
4849		-	Scott, Morgan, and Pike. All public members shall reside
4850		-	within the territorial jurisdiction of the Authority. The
4851		-	public members shall be persons of recognized ability and
4852		-
4853		-
4854		-	experience in one or more of the following areas: economic
4855		-	development, finance, banking, industrial development,
4856		-	state or local government, commercial agriculture, small
4857		-	business management, real estate development, community
4858		-	development, venture finance, organized labor, or civic or
4859		-	community organization.
4860		-	(c) 11 members shall constitute a quorum, and the Board
4861		-	may not meet or take any action without a quorum present.
4862		-	(d) The chairman of the Authority shall be elected
4863		-	annually by the Board and must be a public member that resides
4864		-	within the territorial jurisdiction of the Authority.
4865		-	(e) The terms of all initial members of the Authority
4866		-	shall begin 30 days after the effective date of this Act. Of
4867		-	the 6 original public members appointed by the Governor, 2
4868		-	shall serve until the third Monday in January, 2005; 1 shall
4869		-	serve until the third Monday in January, 2006; 1 shall serve
4870		-	until the third Monday in January, 2007; 1 shall serve until
4871		-	the third Monday in January, 2008; and 1 shall serve until the
4872		-	third Monday in January, 2009. The initial terms of the
4873		-	original public members appointed by the county board chairmen
4874		-	shall be determined by lot, according to the following
4875		-	schedule: (i) 3 shall serve until the third Monday in January,
4876		-	2005, (ii) 3 shall serve until the third Monday in January,
4877		-	2006, (iii) 3 shall serve until the third Monday in January,
4878		-	2007, (iv) 2 shall serve until the third Monday in January,
4879		-	2008, and (v) 2 shall serve until the third Monday in January,
4880		-
4881		-
4882		-	2009. All successors to these original public members shall be
4883		-	appointed by the original appointing authority and all
4884		-	appointments made by the Governor shall be made with the
4885		-	advice and consent of the Senate, pursuant to subsection (b),
4886		-	and shall hold office for a term of 6 years commencing the
4887		-	third Monday in January of the year in which their term
4888		-	commences, except in the case of an appointment to fill a
4889		-	vacancy. Vacancies occurring among the public members shall be
4890		-	filled for the remainder of the term. In case of vacancy in a
4891		-	Governor-appointed membership when the Senate is not in
4892		-	session, the Governor may make a temporary appointment until
4893		-	the next meeting of the Senate when a person shall be nominated
4894		-	to fill the office and, upon confirmation by the Senate, he or
4895		-	she shall hold office during the remainder of the term and
4896		-	until a successor is appointed and qualified. Members of the
4897		-	Authority are not entitled to compensation for their services
4898		-	as members but are entitled to reimbursement for all necessary
4899		-	expenses incurred in connection with the performance of their
4900		-	duties as members.
4901		-	(f) The Governor may remove any public member of the
4902		-	Authority in case of incompetence, neglect of duty, or
4903		-	malfeasance in office. The chairman of a county board may
4904		-	remove any public member appointed by that chairman in the
4905		-	case of incompetence, neglect of duty, or malfeasance in
4906		-	office.
4907		-	(g) The Board shall appoint an Executive Director who
4908		-
4909		-
4910		-	shall have a background in finance, including familiarity with
4911		-	the legal and procedural requirements of issuing bonds, real
4912		-	estate, or economic development and administration. The
4913		-	Executive Director shall hold office at the discretion of the
4914		-	Board. The Executive Director shall be the chief
4915		-	administrative and operational officer of the Authority, shall
4916		-	direct and supervise its administrative affairs and general
4917		-	management, perform such other duties as may be prescribed
4918		-	from time to time by the members, and receive compensation
4919		-	fixed by the Authority. The Department of Commerce and
4920		-	Community Affairs shall pay the compensation of the Executive
4921		-	Director from appropriations received for that purpose. The
4922		-	Executive Director shall attend all meetings of the Authority.
4923		-	However, no action of the Authority shall be invalid on
4924		-	account of the absence of the Executive Director from a
4925		-	meeting. The Authority may engage the services of the Illinois
4926		-	Finance Authority, attorneys, appraisers, engineers,
4927		-	accountants, credit analysts, and other consultants if the
4928		-	Western Illinois Economic Development Authority deems it
4929		-	advisable.
4930		-	(Source: P.A. 93-874, eff. 8-6-04.)
4931		-	(70 ILCS 532/26 new)
4932		-	Sec. 26. Requests for assistance; disclosure of economic
4933		-	interests.
4934		-	(a) The Authority may not hear a request for assistance
4935		-
4936		-
4937		-	from a restricted person. This prohibition extends to business
4938		-	relationships between a person who is an Authority leader
4939		-	within one year prior to the request for assistance and to any
4940		-	entity in which a restricted person holds or, within the past 2
4941		-	years, held an ownership interest of 10% or more.
4942		-	(b) An Authority leader shall disclose and recuse himself
4943		-	or herself from matters relating to requests for assistance
4944		-	from an entity that is relocating full-time employees from
4945		-	another Authority's counties if (i) both Authorities contract
4946		-	with or employ the same Authority leader or (ii) there is or,
4947		-	within the past 2 years of the request, there was a business
4948		-	relationship between the Authority leaders at the 2
4949		-	Authorities.
4950		-	(c) The Board of the Authority shall vote to renew the
4951		-	appointment of the Executive Director and other Authority
4952		-	leaders on an annual basis. All contracts shall be approved on
4953		-	an annual basis and use a public process to solicit
4954		-	applications. This requirement does not apply to full-time
4955		-	employees of the Authority unless otherwise required by
4956		-	applicable State law or local ordinance.
4957		-	(d) Each Authority leader shall submit a statement of
4958		-	economic interest in accordance with Article 4A of the
4959		-	Illinois Governmental Ethics Act. Additionally, each Authority
4960		-	leader shall disclose to the Board outside sources of income
4961		-	and any business relationships in economic development
4962		-	consulting or lobbying. Reporting shall include the source of
4963		-
4964		-
4965		-	income, services provided, and timeline of when services were
4966		-	provided. If the source of income is a firm or organization
4967		-	with multiple clients, the report shall list all of the
4968		-	entities for which the individual provided services.
4969		-	(70 ILCS 532/27 new)
4970		-	Sec. 27. Open meetings; record disclosure.
4971		-	(a) The Authority is subject to the Open Meetings Act and
4972		-	the Freedom of Information Act. Documents subject to the
4973		-	Freedom of Information Act include, but are not limited to,
4974		-	expenses, payroll, origination bonuses, and other financial
4975		-	details of the Authority.
4976		-	(b) A contract or agreement entered into by the Authority
4977		-	must be posted on the Authority's website. The Authority shall
4978		-	provide a detailed report of the Authority's financial
4979		-	information on the Authority's website, including, but not
4980		-	limited to, a statement of profits and losses, balance sheet,
4981		-	and income statement of the Authority.
4982		-	(70 ILCS 532/75)
4983		-	Sec. 75. Reports; commitment notice. The Authority shall
4984		-	annually submit a report of its finances to the Auditor
4985		-	General. The Authority shall annually submit a report of its
4986		-	activities to the Governor and to the General Assembly.
4987		-	The Authority shall provide notice to the General
4988		-	Assembly, the Department of Commerce and Economic Opportunity,
4989		-
4990		-
4991		-	and the Governor once the Authority enters into a commitment
4992		-	to support the financing of a project. The notice to the
4993		-	General Assembly shall be filed with the Clerk of the House of
4994		-	Representatives and the Secretary of the Senate, in electronic
4995		-	form only, in the manner that the Clerk and the Secretary shall
4996		-	direct.
4997		-	(Source: P.A. 93-874, eff. 8-6-04.)
4998		-	Section 75. The Will-Kankakee Regional Development
4999		-	Authority Law is amended by changing Sections 3, 4, and 13 and
5000		-	by adding Sections 5.1 and 5.2 as follows:
5001		-	(70 ILCS 535/3) (from Ch. 85, par. 7453)
5002		-	Sec. 3. Definitions. The following terms, whenever used or
5003		-	referred to in this Act, shall have the following meanings,
5004		-	except in such instances where the context may clearly
5005		-	indicate otherwise:
5006		-	(a) "Authority" means the Will-Kankakee Regional
5007		-	Development Authority created by this Act.
5008		-	(a-5) "Authority leader" means the Executive Director,
5009		-	Assistant Executive Director, or any other person serving in a
5010		-	management, administrative, or leadership role at the
5011		-	Authority.
5012		-	(b) "Governmental agency" means any federal, State or
5013		-	local governmental body, and any agency or instrumentality
5014		-	thereof, corporate or otherwise.
5015		-
5016		-
5017		-	(c) "Person" means any natural person, firm, partnership,
5018		-	corporation, both domestic and foreign, company, association
5019		-	or joint stock association and includes any trustee, receiver,
5020		-	assignee or personal representative thereof.
5021		-	(c-5) "Restricted person" means a person who has a
5022		-	familial or business relationship with an Authority leader.
5023		-	(d) "Revenue bond" means any bond issued by the Authority
5024		-	the principal and interest of which is payable solely from
5025		-	revenues or income derived from any project or activity of the
5026		-	Authority.
5027		-	(e) "Board" means the Will-Kankakee Regional Development
5028		-	Authority Board of Directors.
5029		-	(f) "Governor" means the Governor of the State of
5030		-	Illinois.
5031		-	(g) "City" means any city, village, incorporated town or
5032		-	township within the geographical territory of the Authority.
5033		-	(h) "Industrial project" means (1) a capital project,
5034		-	including one or more buildings and other structures,
5035		-	improvements, machinery and equipment whether or not on the
5036		-	same site or sites now existing or hereafter acquired,
5037		-	suitable for use by any manufacturing, industrial, research,
5038		-	transportation or commercial enterprise including but not
5039		-	limited to use as a factory, mill, processing plant, assembly
5040		-	plant, packaging plant, fabricating plant, office building,
5041		-	industrial distribution center, warehouse, repair, overhaul or
5042		-	service facility, freight terminal, research facility, test
5043		-
5044		-
5045		-	facility, railroad facility, solid waste and wastewater
5046		-	treatment and disposal sites and other pollution control
5047		-	facilities, resource or waste reduction, recovery, treatment
5048		-	and disposal facilities, and including also the sites thereof
5049		-	and other rights in land therefor whether improved or
5050		-	unimproved, site preparation and landscaping and all
5051		-	appurtenances and facilities incidental thereto such as
5052		-	utilities, access roads, railroad sidings, truck docking and
5053		-	similar facilities, parking facilities, dockage, wharfage,
5054		-	railroad roadbed, track, trestle, depot, terminal, switching
5055		-	and signaling equipment or related equipment and other
5056		-	improvements necessary or convenient thereto; or (2) any land,
5057		-	buildings, machinery or equipment comprising an addition to or
5058		-	renovation, rehabilitation or improvement of any existing
5059		-	capital project.
5060		-	(h-5) "Housing project" or "residential project" includes
5061		-	a specific work or improvement undertaken to provide dwelling
5062		-	accommodations, including the acquisition, construction or
5063		-	rehabilitation of lands, buildings and community facilities
5064		-	and in connection therewith to provide nonhousing facilities
5065		-	which are an integral part of a planned large-scale project or
5066		-	new community.
5067		-	(i) "Commercial project" means any project, including but
5068		-	not limited to one or more buildings and other structures,
5069		-	improvements, machinery and equipment whether or not on the
5070		-	same site or sites now existing or hereafter acquired,
5071		-
5072		-
5073		-	suitable for use by any retail or wholesale concern,
5074		-	distributorship or agency, any cultural facilities of a
5075		-	for-profit or not-for-profit type including but not limited to
5076		-	educational, theatrical, recreational and entertainment,
5077		-	sports facilities, racetracks, stadiums, convention centers,
5078		-	exhibition halls, arenas, opera houses and theaters,
5079		-	waterfront improvements, swimming pools, boat storage,
5080		-	moorage, docking facilities, restaurants, velodromes,
5081		-	coliseums, sports training facilities, parking facilities,
5082		-	terminals, hotels and motels, gymnasiums, medical facilities
5083		-	and port facilities.
5084		-	(j) "Project" means an industrial, commercial or service
5085		-	project or any combination thereof provided that all uses
5086		-	shall fall within one of the categories described above. Any
5087		-	project, of any nature whatsoever, shall automatically include
5088		-	all site improvements and new construction involving
5089		-	sidewalks, sewers, solid waste and wastewater treatment and
5090		-	disposal sites and other pollution control facilities,
5091		-	resource or waste reduction, recovery, treatment and disposal
5092		-	facilities, parks, open spaces, wildlife sanctuaries, streets,
5093		-	highways and runways.
5094		-	(k) "Lease agreement" shall mean an agreement whereby a
5095		-	project acquired by the Authority by purchase, gift or lease
5096		-	is leased to any person or corporation which will use or cause
5097		-	the project to be used as a project as heretofore defined upon
5098		-	terms providing for lease rental payments at least sufficient
5099		-
5100		-
5101		-	to pay when due all principal of and interest and premium, if
5102		-	any, on any bonds, notes or other evidences of indebtedness of
5103		-	the Authority issued with respect to such project, providing
5104		-	for the maintenance, insurance and operation of the project on
5105		-	terms satisfactory to the Authority and providing for
5106		-	disposition of the project upon termination of the lease term,
5107		-	including purchase options or abandonment of the premises,
5108		-	with such other terms as may be deemed desirable by the
5109		-	Authority.
5110		-	(l) "Loan agreement" means any agreement pursuant to which
5111		-	the Authority agrees to loan the proceeds of its bonds, notes
5112		-	or other evidences of indebtedness issued with respect to a
5113		-	project to any person or corporation which will use or cause
5114		-	the project to be used as a project as heretofore defined upon
5115		-	terms providing for loan repayment installments at least
5116		-	sufficient to pay when due all principal of and interest and
5117		-	premium, if any, on any bonds, notes or other evidences of
5118		-	indebtedness of the Authority issued with respect to the
5119		-	project, providing for maintenance, insurance and operation of
5120		-	the project on terms satisfactory to the Authority and
5121		-	providing for other matters as may be deemed advisable by the
5122		-	Authority.
5123		-	(m) "Financial aid" means the expenditure of Authority
5124		-	funds or funds provided by the Authority through the issuance
5125		-	of its revenue bonds, notes or other evidences of indebtedness
5126		-	for the development, construction, acquisition or improvement
5127		-
5128		-
5129		-	of a project.
5130		-	(n) "Costs incurred in connection with the development,
5131		-	construction, acquisition or improvement of a project" means
5132		-	the following: the cost of purchase and construction of all
5133		-	lands and improvements in connection therewith and equipment
5134		-	and other property, rights, easements and franchises acquired
5135		-	which are deemed necessary for such construction; financing
5136		-	charges; interest costs with respect to bonds, notes and other
5137		-	evidences of indebtedness of the Authority prior to and during
5138		-	construction and for a period of 6 months thereafter;
5139		-	engineering and legal expenses; the costs of plans,
5140		-	specifications, surveys and estimates of costs and other
5141		-	expenses necessary or incident to determining the feasibility
5142		-	or practicability of any project, together with such other
5143		-	expenses as may be necessary or incident to the financing,
5144		-	insuring, acquisition and construction of a specific project
5145		-	and the placing of the same in operation.
5146		-	(o) "Terminal" means a public place, station or depot for
5147		-	receiving and delivering passengers, baggage, mail, freight or
5148		-	express matter and any combination thereof in connection with
5149		-	the transportation of persons and property on water or land or
5150		-	in the air.
5151		-	(p) "Terminal facilities" means all land, buildings,
5152		-	structures, improvements, equipment and appliances useful in
5153		-	the operation of public warehouse, storage and transportation
5154		-	facilities and industrial, manufacturing or commercial
5155		-
5156		-
5157		-	activities for the accommodation of or in connection with
5158		-	commerce by water or land or in the air or useful as an aid, or
5159		-	constituting an advantage or convenience to, the safe landing,
5160		-	taking off and navigation of aircraft or the safe and
5161		-	efficient operation or maintenance of a public airport.
5162		-	(q) "Port facilities" means all public structures, except
5163		-	terminal facilities as defined herein, that are in, over,
5164		-	under or adjacent to navigable waters and are necessary for or
5165		-	incident to the furtherance of water commerce and includes the
5166		-	widening and deepening of slips, harbors and navigable waters.
5167		-	(r) "Airport" means any locality, either land or water,
5168		-	which is used or designed for the landing and taking off of
5169		-	aircraft or for the location of runways, landing fields,
5170		-	aerodromes, hangars, buildings, structures, airport roadways
5171		-	and other facilities.
5172		-	(Source: P.A. 98-750, eff. 1-1-15.)
5173		-	(70 ILCS 535/4) (from Ch. 85, par. 7454)
5174		-	Sec. 4. Establishment.
5175		-	(a) There is hereby created a political subdivision, body
5176		-	politic and municipal corporation named the Will-Kankakee
5177		-	Regional Development Authority. The territorial jurisdiction
5178		-	of the Authority is that geographic area within the boundaries
5179		-	of Will and Kankakee counties in the State of Illinois and any
5180		-	navigable waters and air space located therein.
5181		-	(b) The governing and administrative powers of the
5182		-
5183		-
5184		-	Authority shall be vested in a body consisting of 10 members
5185		-	including, as an ex officio member, the Director of Commerce
5186		-	and Economic Opportunity, or his or her designee. The other 9
5187		-	members of the Authority shall be designated "public members",
5188		-	3 of whom shall be appointed by the Governor, 3 of whom shall
5189		-	be appointed by the county board chairman of Will County, and 3
5190		-	of whom shall be appointed by the county board chairman of
5191		-	Kankakee County. All public members shall reside within the
5192		-	territorial jurisdiction of this Act. Six members shall
5193		-	constitute a quorum, and the Board may not meet or take any
5194		-	action without a quorum present. The public members shall be
5195		-	persons of recognized ability and experience in one or more of
5196		-	the following areas: economic development, finance, banking,
5197		-	industrial development, small business management, real estate
5198		-	development, community development, venture finance, organized
5199		-	labor or civic, community or neighborhood organization. The
5200		-	Chairman of the Authority shall be elected by the Board
5201		-	annually from the 6 members appointed by the county board
5202		-	chairmen.
5203		-	(c) The terms of all members of the Authority shall begin
5204		-	30 days after the effective date of this Act. Of the 9 public
5205		-	members appointed pursuant to this Act, 3 shall serve until
5206		-	the third Monday in January 1992, 3 shall serve until the third
5207		-	Monday in January 1993, and 3 shall serve until the third
5208		-	Monday in January 1994. All successors shall be appointed by
5209		-	the original appointing authority and hold office for a term
5210		-
5211		-
5212		-	of 3 years commencing the third Monday in January of the year
5213		-	in which their term commences, except in case of an
5214		-	appointment to fill a vacancy. Vacancies occurring among the
5215		-	public members shall be filled for the remainder of the term.
5216		-	In case of vacancy in a Governor-appointed membership when the
5217		-	Senate is not in session, the Governor may make a temporary
5218		-	appointment until the next meeting of the Senate when a person
5219		-	shall be nominated to fill such office, and any person so
5220		-	nominated who is confirmed by the Senate shall hold office
5221		-	during the remainder of the term and until a successor shall be
5222		-	appointed and qualified. Members of the Authority shall not be
5223		-	entitled to compensation for their services as members but may
5224		-	be reimbursed for all necessary expenses incurred in
5225		-	connection with the performance of their duties as members.
5226		-	(d) The Governor may remove any public member of the
5227		-	Authority in case of incompetency, neglect of duty, or
5228		-	malfeasance in office.
5229		-	(e) The Board may appoint an Executive Director who shall
5230		-	have a background in finance, including familiarity with the
5231		-	legal and procedural requirements of issuing bonds, real
5232		-	estate or economic development and administration. The
5233		-	Executive Director shall hold office at the discretion of the
5234		-	Board. The Executive Director shall be the chief
5235		-	administrative and operational officer of the Authority, shall
5236		-	direct and supervise its administrative affairs and general
5237		-	management, shall perform such other duties as may be
5238		-
5239		-
5240		-	prescribed from time to time by the members and shall receive
5241		-	compensation fixed by the Authority. The Executive Director
5242		-	shall attend all meetings of the Authority; however, no action
5243		-	of the Authority shall be invalid on account of the absence of
5244		-	the Executive Director from a meeting. The Authority may
5245		-	engage the services of such other agents and employees,
5246		-	including attorneys, appraisers, engineers, accountants,
5247		-	credit analysts and other consultants, as it may deem
5248		-	advisable and may prescribe their duties and fix their
5249		-	compensation.
5250		-	(f) The Board may, by majority vote, nominate up to 4
5251		-	non-voting members for appointment by the Governor. Non-voting
5252		-	members shall be persons of recognized ability and experience
5253		-	in one or more of the following areas: economic development,
5254		-	finance, banking, industrial development, small business
5255		-	management, real estate development, community development,
5256		-	venture finance, organized labor or civic, community or
5257		-	neighborhood organization. Non-voting members shall serve at
5258		-	the pleasure of the Board. All non-voting members may attend
5259		-	meetings of the Board and may be reimbursed as provided in
5260		-	subsection (c).
5261		-	(g) The Board shall create a task force to study and make
5262		-	recommendations to the Board on the economic development of
5263		-	the territory within the jurisdiction of this Act. The members
5264		-	of the task force shall reside within the territorial
5265		-	jurisdiction of this Act, shall serve at the pleasure of the
5266		-
5267		-
5268		-	Board and shall be persons of recognized ability and
5269		-	experience in one or more of the following areas: economic
5270		-	development, finance, banking, industrial development, small
5271		-	business management, real estate development, community
5272		-	development, venture finance, organized labor or civic,
5273		-	community or neighborhood organization. The number of members
5274		-	constituting the task force shall be set by the Board and may
5275		-	vary from time to time. The Board may set a specific date by
5276		-	which the task force is to submit its final report and
5277		-	recommendations to the Board.
5278		-	(Source: P.A. 94-793, eff. 5-19-06.)
5279		-	(70 ILCS 535/5.1 new)
5280		-	Sec. 5.1. Requests for assistance; disclosure of economic
5281		-	interests.
5282		-	(a) The Authority may not hear a request for assistance
5283		-	from a restricted person. This prohibition extends to business
5284		-	relationships between a person who is an Authority leader
5285		-	within one year prior to the request for assistance and to any
5286		-	entity in which a restricted person holds or, within the past 2
5287		-	years, held an ownership interest of 10% or more.
5288		-	(b) An Authority leader shall disclose and recuse himself
5289		-	or herself from matters relating to requests for assistance
5290		-	from an entity that is relocating full-time employees from
5291		-	another Authority's counties if (i) both Authorities contract
5292		-	with or employ the same Authority leader or (ii) there is or,
5293		-
5294		-
5295		-	within the past 2 years of the request, there was a business
5296		-	relationship between the Authority leaders at the 2
5297		-	Authorities.
5298		-	(c) The Board of the Authority shall vote to renew the
5299		-	appointment of the Executive Director and other Authority
5300		-	leaders on an annual basis. All contracts shall be approved on
5301		-	an annual basis and use a public process to solicit
5302		-	applications. This requirement does not apply to full-time
5303		-	employees of the Authority unless otherwise required by
5304		-	applicable State law or local ordinance.
5305		-	(d) Each Authority leader shall submit a statement of
5306		-	economic interest in accordance with Article 4A of the
5307		-	Illinois Governmental Ethics Act. Additionally, each Authority
5308		-	leader shall disclose to the Board outside sources of income
5309		-	and any business relationships in economic development
5310		-	consulting or lobbying. Reporting shall include the source of
5311		-	income, services provided, and timeline of when services were
5312		-	provided. If the source of income is a firm or organization
5313		-	with multiple clients, the report shall list all of the
5314		-	entities for which the individual provided services.
5315		-	(70 ILCS 535/5.2 new)
5316		-	Sec. 5.2. Open meetings; record disclosure.
5317		-	(a) The Authority is subject to the Open Meetings Act and
5318		-	the Freedom of Information Act. Documents subject to the
5319		-	Freedom of Information Act include, but are not limited to,
5320		-
5321		-
5322		-	expenses, payroll, origination bonuses, and other financial
5323		-	details of the Authority.
5324		-	(b) A contract or agreement entered into by the Authority
5325		-	must be posted on the Authority's website. The Authority shall
5326		-	provide a detailed report of the Authority's financial
5327		-	information on the Authority's website, including, but not
5328		-	limited to, a statement of profits and losses, balance sheet,
5329		-	and income statement of the Authority.
5330		-	(70 ILCS 535/13) (from Ch. 85, par. 7463)
5331		-	Sec. 13. Reports; commitment notice. The Authority shall
5332		-	annually submit a report of its finances to the Auditor
5333		-	General. The Authority shall annually submit a report of its
5334		-	activities to the Governor and General Assembly.
5335		-	The Authority shall provide notice to the General
5336		-	Assembly, the Department of Commerce and Economic Opportunity,
5337		-	and the Governor once the Authority enters into a commitment
5338		-	to support the financing of a project. The notice to the
5339		-	General Assembly shall be filed with the Clerk of the House of
5340		-	Representatives and the Secretary of the Senate, in electronic
5341		-	form only, in the manner that the Clerk and the Secretary shall
5342		-	direct.
5343		-	(Source: P.A. 86-1481.)
5344		-	Section 99. Effective date. This Act takes effect July 1,
5345		-	2023.
	32	+	HB1131 Enrolled- 2 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 2 - LRB103 05007 AWJ 50020 b
	33	+	HB1131 Enrolled - 2 - LRB103 05007 AWJ 50020 b
	34	+	1 (e) Holders of, and candidates for nomination or
	35	+	2 election to, the office of judge or associate judge of the
	36	+	3 Circuit Court and the office of judge of the Appellate or
	37	+	4 Supreme Court.
	38	+	5 (f) Persons who are employed by any branch, agency,
	39	+	6 authority or board of the government of this State,
	40	+	7 including but not limited to, the Illinois State Toll
	41	+	8 Highway Authority, the Illinois Housing Development
	42	+	9 Authority, the Illinois Community College Board, and
	43	+	10 institutions under the jurisdiction of the Board of
	44	+	11 Trustees of the University of Illinois, Board of Trustees
	45	+	12 of Southern Illinois University, Board of Trustees of
	46	+	13 Chicago State University, Board of Trustees of Eastern
	47	+	14 Illinois University, Board of Trustees of Governors State
	48	+	15 University, Board of Trustees of Illinois State
	49	+	16 University, Board of Trustees of Northeastern Illinois
	50	+	17 University, Board of Trustees of Northern Illinois
	51	+	18 University, Board of Trustees of Western Illinois
	52	+	19 University, or Board of Trustees of the Illinois
	53	+	20 Mathematics and Science Academy, and are compensated for
	54	+	21 services as employees and not as independent contractors
	55	+	22 and who:
	56	+	23 (1) are, or function as, the head of a department,
	57	+	24 commission, board, division, bureau, authority or
	58	+	25 other administrative unit within the government of
	59	+	26 this State, or who exercise similar authority within
	60	+
	61	+
	62	+
	63	+
	64	+
	65	+	HB1131 Enrolled - 2 - LRB103 05007 AWJ 50020 b
	66	+
	67	+
	68	+	HB1131 Enrolled- 3 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 3 - LRB103 05007 AWJ 50020 b
	69	+	HB1131 Enrolled - 3 - LRB103 05007 AWJ 50020 b
	70	+	1 the government of this State;
	71	+	2 (2) have direct supervisory authority over, or
	72	+	3 direct responsibility for the formulation,
	73	+	4 negotiation, issuance or execution of contracts
	74	+	5 entered into by the State in the amount of $5,000 or
	75	+	6 more;
	76	+	7 (3) have authority for the issuance or
	77	+	8 promulgation of rules and regulations within areas
	78	+	9 under the authority of the State;
	79	+	10 (4) have authority for the approval of
	80	+	11 professional licenses;
	81	+	12 (5) have responsibility with respect to the
	82	+	13 financial inspection of regulated nongovernmental
	83	+	14 entities;
	84	+	15 (6) adjudicate, arbitrate, or decide any judicial
	85	+	16 or administrative proceeding, or review the
	86	+	17 adjudication, arbitration or decision of any judicial
	87	+	18 or administrative proceeding within the authority of
	88	+	19 the State;
	89	+	20 (7) have supervisory responsibility for 20 or more
	90	+	21 employees of the State;
	91	+	22 (8) negotiate, assign, authorize, or grant naming
	92	+	23 rights or sponsorship rights regarding any property or
	93	+	24 asset of the State, whether real, personal, tangible,
	94	+	25 or intangible; or
	95	+	26 (9) have responsibility with respect to the
	96	+
	97	+
	98	+
	99	+
	100	+
	101	+	HB1131 Enrolled - 3 - LRB103 05007 AWJ 50020 b
	102	+
	103	+
	104	+	HB1131 Enrolled- 4 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 4 - LRB103 05007 AWJ 50020 b
	105	+	HB1131 Enrolled - 4 - LRB103 05007 AWJ 50020 b
	106	+	1 procurement of goods or services.
	107	+	2 (f-5) Members of the board of commissioners of any
	108	+	3 flood prevention district created under the Flood
	109	+	4 Prevention District Act or the Beardstown Regional Flood
	110	+	5 Prevention District Act.
	111	+	6 (g) (Blank).
	112	+	7 (h) (Blank).
	113	+	8 (i) (Blank).
	114	+	9 (j) Persons on the Board of Trustees of the Illinois
	115	+	10 Mathematics and Science Academy.
	116	+	11 (k) (Blank).
	117	+	12 (l) Special government agents. A "special government
	118	+	13 agent" is a person who is directed, retained, designated,
	119	+	14 appointed, or employed, with or without compensation, by
	120	+	15 or on behalf of a statewide executive branch
	121	+	16 constitutional officer to make an ex parte communication
	122	+	17 under Section 5-50 of the State Officials and Employees
	123	+	18 Ethics Act or Section 5-165 of the Illinois Administrative
	124	+	19 Procedure Act.
	125	+	20 (m) (Blank).
	126	+	21 (n) Members of the board of any retirement system or
	127	+	22 investment board established under the Illinois Pension
	128	+	23 Code, if not required to file under any other provision of
	129	+	24 this Section.
	130	+	25 (o) (Blank).
	131	+	26 (p) Members of the investment advisory panel created
	132	+
	133	+
	134	+
	135	+
	136	+
	137	+	HB1131 Enrolled - 4 - LRB103 05007 AWJ 50020 b
	138	+
	139	+
	140	+	HB1131 Enrolled- 5 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 5 - LRB103 05007 AWJ 50020 b
	141	+	HB1131 Enrolled - 5 - LRB103 05007 AWJ 50020 b
	142	+	1 under Section 20 of the Illinois Prepaid Tuition Act.
	143	+	2 (q) Persons serving as Executive Director or otherwise
	144	+	3 involved with directing the affairs of a Regional
	145	+	4 Development Authority. As used in this subsection,
	146	+	5 "Regional Development Authority" has the meaning given to
	147	+	6 that term in Section 1-5 of the State Officials and
	148	+	7 Employees Ethics Act.
	149	+	8 This Section shall not be construed to prevent any unit of
	150	+	9 local government from enacting financial disclosure
	151	+	10 requirements that mandate more information than required by
	152	+	11 this Act.
	153	+	12 (Source: P.A. 101-81, eff. 7-12-19; 101-221, eff. 8-9-19.)
	154	+	13 Section 10. The State Officials and Employees Ethics Act
	155	+	14 is amended by changing Sections 1-5, 20-5, 20-10, 20-23, and
	156	+	15 75-5 and changing the heading of Article 75 as follows:
	157	+	16 (5 ILCS 430/1-5)
	158	+	17 Sec. 1-5. Definitions. As used in this Act:
	159	+	18 "Appointee" means a person appointed to a position in or
	160	+	19 with a State agency, regardless of whether the position is
	161	+	20 compensated.
	162	+	21 "Board members of Regional Development Authorities" means
	163	+	22 any person appointed to serve on the governing board of a
	164	+	23 Regional Development Authority.
	165	+	24 "Board members of Regional Transit Boards" means any
	166	+
	167	+
	168	+
	169	+
	170	+
	171	+	HB1131 Enrolled - 5 - LRB103 05007 AWJ 50020 b
	172	+
	173	+
	174	+	HB1131 Enrolled- 6 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 6 - LRB103 05007 AWJ 50020 b
	175	+	HB1131 Enrolled - 6 - LRB103 05007 AWJ 50020 b
	176	+	1 person appointed to serve on the governing board of a Regional
	177	+	2 Transit Board.
	178	+	3 "Campaign for elective office" means any activity in
	179	+	4 furtherance of an effort to influence the selection,
	180	+	5 nomination, election, or appointment of any individual to any
	181	+	6 federal, State, or local public office or office in a
	182	+	7 political organization, or the selection, nomination, or
	183	+	8 election of Presidential or Vice-Presidential electors, but
	184	+	9 does not include activities (i) relating to the support or
	185	+	10 opposition of any executive, legislative, or administrative
	186	+	11 action (as those terms are defined in Section 2 of the Lobbyist
	187	+	12 Registration Act), (ii) relating to collective bargaining, or
	188	+	13 (iii) that are otherwise in furtherance of the person's
	189	+	14 official State duties.
	190	+	15 "Candidate" means a person who has filed nominating papers
	191	+	16 or petitions for nomination or election to an elected State
	192	+	17 office, or who has been appointed to fill a vacancy in
	193	+	18 nomination, and who remains eligible for placement on the
	194	+	19 ballot at either a general primary election or general
	195	+	20 election.
	196	+	21 "Collective bargaining" has the same meaning as that term
	197	+	22 is defined in Section 3 of the Illinois Public Labor Relations
	198	+	23 Act.
	199	+	24 "Commission" means an ethics commission created by this
	200	+	25 Act.
	201	+	26 "Compensated time" means any time worked by or credited to
	202	+
	203	+
	204	+
	205	+
	206	+
	207	+	HB1131 Enrolled - 6 - LRB103 05007 AWJ 50020 b
	208	+
	209	+
	210	+	HB1131 Enrolled- 7 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 7 - LRB103 05007 AWJ 50020 b
	211	+	HB1131 Enrolled - 7 - LRB103 05007 AWJ 50020 b
	212	+	1 a State employee that counts toward any minimum work time
	213	+	2 requirement imposed as a condition of employment with a State
	214	+	3 agency, but does not include any designated State holidays or
	215	+	4 any period when the employee is on a leave of absence.
	216	+	5 "Compensatory time off" means authorized time off earned
	217	+	6 by or awarded to a State employee to compensate in whole or in
	218	+	7 part for time worked in excess of the minimum work time
	219	+	8 required of that employee as a condition of employment with a
	220	+	9 State agency.
	221	+	10 "Contribution" has the same meaning as that term is
	222	+	11 defined in Section 9-1.4 of the Election Code.
	223	+	12 "Employee" means (i) any person employed full-time,
	224	+	13 part-time, or pursuant to a contract and whose employment
	225	+	14 duties are subject to the direction and control of an employer
	226	+	15 with regard to the material details of how the work is to be
	227	+	16 performed or (ii) any appointed or elected commissioner,
	228	+	17 trustee, director, or board member of a board of a State
	229	+	18 agency, including any retirement system or investment board
	230	+	19 subject to the Illinois Pension Code or (iii) any other
	231	+	20 appointee.
	232	+	21 "Employment benefits" include but are not limited to the
	233	+	22 following: modified compensation or benefit terms; compensated
	234	+	23 time off; or change of title, job duties, or location of office
	235	+	24 or employment. An employment benefit may also include
	236	+	25 favorable treatment in determining whether to bring any
	237	+	26 disciplinary or similar action or favorable treatment during
	238	+
	239	+
	240	+
	241	+
	242	+
	243	+	HB1131 Enrolled - 7 - LRB103 05007 AWJ 50020 b
	244	+
	245	+
	246	+	HB1131 Enrolled- 8 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 8 - LRB103 05007 AWJ 50020 b
	247	+	HB1131 Enrolled - 8 - LRB103 05007 AWJ 50020 b
	248	+	1 the course of any disciplinary or similar action or other
	249	+	2 performance review.
	250	+	3 "Executive branch constitutional officer" means the
	251	+	4 Governor, Lieutenant Governor, Attorney General, Secretary of
	252	+	5 State, Comptroller, and Treasurer.
	253	+	6 "Gift" means any gratuity, discount, entertainment,
	254	+	7 hospitality, loan, forbearance, or other tangible or
	255	+	8 intangible item having monetary value including, but not
	256	+	9 limited to, cash, food and drink, and honoraria for speaking
	257	+	10 engagements related to or attributable to government
	258	+	11 employment or the official position of an employee, member, or
	259	+	12 officer. The value of a gift may be further defined by rules
	260	+	13 adopted by the appropriate ethics commission or by the Auditor
	261	+	14 General for the Auditor General and for employees of the
	262	+	15 office of the Auditor General.
	263	+	16 "Governmental entity" means a unit of local government
	264	+	17 (including a community college district) or a school district
	265	+	18 but not a State agency, or a Regional Transit Board, or a
	266	+	19 Regional Development Authority.
	267	+	20 "Leave of absence" means any period during which a State
	268	+	21 employee does not receive (i) compensation for State
	269	+	22 employment, (ii) service credit towards State pension
	270	+	23 benefits, and (iii) health insurance benefits paid for by the
	271	+	24 State.
	272	+	25 "Legislative branch constitutional officer" means a member
	273	+	26 of the General Assembly and the Auditor General.
	274	+
	275	+
	276	+
	277	+
	278	+
	279	+	HB1131 Enrolled - 8 - LRB103 05007 AWJ 50020 b
	280	+
	281	+
	282	+	HB1131 Enrolled- 9 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 9 - LRB103 05007 AWJ 50020 b
	283	+	HB1131 Enrolled - 9 - LRB103 05007 AWJ 50020 b
	284	+	1 "Legislative leader" means the President and Minority
	285	+	2 Leader of the Senate and the Speaker and Minority Leader of the
	286	+	3 House of Representatives.
	287	+	4 "Member" means a member of the General Assembly.
	288	+	5 "Officer" means an executive branch constitutional officer
	289	+	6 or a legislative branch constitutional officer.
	290	+	7 "Political" means any activity in support of or in
	291	+	8 connection with any campaign for elective office or any
	292	+	9 political organization, but does not include activities (i)
	293	+	10 relating to the support or opposition of any executive,
	294	+	11 legislative, or administrative action (as those terms are
	295	+	12 defined in Section 2 of the Lobbyist Registration Act), (ii)
	296	+	13 relating to collective bargaining, or (iii) that are otherwise
	297	+	14 in furtherance of the person's official State duties or
	298	+	15 governmental and public service functions.
	299	+	16 "Political organization" means a party, committee,
	300	+	17 association, fund, or other organization (whether or not
	301	+	18 incorporated) that is required to file a statement of
	302	+	19 organization with the State Board of Elections or a county
	303	+	20 clerk under Section 9-3 of the Election Code, but only with
	304	+	21 regard to those activities that require filing with the State
	305	+	22 Board of Elections or a county clerk.
	306	+	23 "Prohibited political activity" means:
	307	+	24 (1) Preparing for, organizing, or participating in any
	308	+	25 political meeting, political rally, political
	309	+	26 demonstration, or other political event.
	310	+
	311	+
	312	+
	313	+
	314	+
	315	+	HB1131 Enrolled - 9 - LRB103 05007 AWJ 50020 b
	316	+
	317	+
	318	+	HB1131 Enrolled- 10 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 10 - LRB103 05007 AWJ 50020 b
	319	+	HB1131 Enrolled - 10 - LRB103 05007 AWJ 50020 b
	320	+	1 (2) Soliciting contributions, including but not
	321	+	2 limited to the purchase of, selling, distributing, or
	322	+	3 receiving payment for tickets for any political
	323	+	4 fundraiser, political meeting, or other political event.
	324	+	5 (3) Soliciting, planning the solicitation of, or
	325	+	6 preparing any document or report regarding any thing of
	326	+	7 value intended as a campaign contribution.
	327	+	8 (4) Planning, conducting, or participating in a public
	328	+	9 opinion poll in connection with a campaign for elective
	329	+	10 office or on behalf of a political organization for
	330	+	11 political purposes or for or against any referendum
	331	+	12 question.
	332	+	13 (5) Surveying or gathering information from potential
	333	+	14 or actual voters in an election to determine probable vote
	334	+	15 outcome in connection with a campaign for elective office
	335	+	16 or on behalf of a political organization for political
	336	+	17 purposes or for or against any referendum question.
	337	+	18 (6) Assisting at the polls on election day on behalf
	338	+	19 of any political organization or candidate for elective
	339	+	20 office or for or against any referendum question.
	340	+	21 (7) Soliciting votes on behalf of a candidate for
	341	+	22 elective office or a political organization or for or
	342	+	23 against any referendum question or helping in an effort to
	343	+	24 get voters to the polls.
	344	+	25 (8) Initiating for circulation, preparing,
	345	+	26 circulating, reviewing, or filing any petition on behalf
	346	+
	347	+
	348	+
	349	+
	350	+
	351	+	HB1131 Enrolled - 10 - LRB103 05007 AWJ 50020 b
	352	+
	353	+
	354	+	HB1131 Enrolled- 11 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 11 - LRB103 05007 AWJ 50020 b
	355	+	HB1131 Enrolled - 11 - LRB103 05007 AWJ 50020 b
	356	+	1 of a candidate for elective office or for or against any
	357	+	2 referendum question.
	358	+	3 (9) Making contributions on behalf of any candidate
	359	+	4 for elective office in that capacity or in connection with
	360	+	5 a campaign for elective office.
	361	+	6 (10) Preparing or reviewing responses to candidate
	362	+	7 questionnaires in connection with a campaign for elective
	363	+	8 office or on behalf of a political organization for
	364	+	9 political purposes.
	365	+	10 (11) Distributing, preparing for distribution, or
	366	+	11 mailing campaign literature, campaign signs, or other
	367	+	12 campaign material on behalf of any candidate for elective
	368	+	13 office or for or against any referendum question.
	369	+	14 (12) Campaigning for any elective office or for or
	370	+	15 against any referendum question.
	371	+	16 (13) Managing or working on a campaign for elective
	372	+	17 office or for or against any referendum question.
	373	+	18 (14) Serving as a delegate, alternate, or proxy to a
	374	+	19 political party convention.
	375	+	20 (15) Participating in any recount or challenge to the
	376	+	21 outcome of any election, except to the extent that under
	377	+	22 subsection (d) of Section 6 of Article IV of the Illinois
	378	+	23 Constitution each house of the General Assembly shall
	379	+	24 judge the elections, returns, and qualifications of its
	380	+	25 members.
	381	+	26 "Prohibited source" means any person or entity who:
	382	+
	383	+
	384	+
	385	+
	386	+
	387	+	HB1131 Enrolled - 11 - LRB103 05007 AWJ 50020 b
	388	+
	389	+
	390	+	HB1131 Enrolled- 12 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 12 - LRB103 05007 AWJ 50020 b
	391	+	HB1131 Enrolled - 12 - LRB103 05007 AWJ 50020 b
	392	+	1 (1) is seeking official action (i) by the member or
	393	+	2 officer or (ii) in the case of an employee, by the employee
	394	+	3 or by the member, officer, State agency, or other employee
	395	+	4 directing the employee;
	396	+	5 (2) does business or seeks to do business (i) with the
	397	+	6 member or officer or (ii) in the case of an employee, with
	398	+	7 the employee or with the member, officer, State agency, or
	399	+	8 other employee directing the employee;
	400	+	9 (3) conducts activities regulated (i) by the member or
	401	+	10 officer or (ii) in the case of an employee, by the employee
	402	+	11 or by the member, officer, State agency, or other employee
	403	+	12 directing the employee;
	404	+	13 (4) has interests that may be substantially affected
	405	+	14 by the performance or non-performance of the official
	406	+	15 duties of the member, officer, or employee;
	407	+	16 (5) is registered or required to be registered with
	408	+	17 the Secretary of State under the Lobbyist Registration
	409	+	18 Act, except that an entity not otherwise a prohibited
	410	+	19 source does not become a prohibited source merely because
	411	+	20 a registered lobbyist is one of its members or serves on
	412	+	21 its board of directors; or
	413	+	22 (6) is an agent of, a spouse of, or an immediate family
	414	+	23 member who is living with a "prohibited source".
	415	+	24 "Regional Development Authority" means the following
	416	+	25 regional development authorities:
	417	+	26 (1) the Central Illinois Economic Development
	418	+
	419	+
	420	+
	421	+
	422	+
	423	+	HB1131 Enrolled - 12 - LRB103 05007 AWJ 50020 b
	424	+
	425	+
	426	+	HB1131 Enrolled- 13 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 13 - LRB103 05007 AWJ 50020 b
	427	+	HB1131 Enrolled - 13 - LRB103 05007 AWJ 50020 b
	428	+	1 Authority created by the Central Illinois Economic
	429	+	2 Development Authority Act;
	430	+	3 (2) the Eastern Illinois Economic Development
	431	+	4 Authority created by the Eastern Illinois Economic
	432	+	5 Development Authority Act;
	433	+	6 (3) the Joliet Arsenal Development Authority created
	434	+	7 by the Joliet Arsenal Development Authority Act;
	435	+	8 (4) the Quad Cities Regional Economic Development
	436	+	9 Authority created by Quad Cities Regional Economic
	437	+	10 Development Authority Act, approved September 22, 1987;
	438	+	11 (5) the Riverdale Development Authority created by the
	439	+	12 Riverdale Development Authority Act;
	440	+	13 (6) the Southeastern Illinois Economic Development
	441	+	14 Authority created by the Southeastern Illinois Economic
	442	+	15 Development Authority Act;
	443	+	16 (7) the Southern Illinois Economic Development
	444	+	17 Authority created by the Southern Illinois Economic
	445	+	18 Development Authority Act;
	446	+	19 (8) the Southwestern Illinois Development Authority
	447	+	20 created by the Southwestern Illinois Development Authority
	448	+	21 Act;
	449	+	22 (9) the Tri-County River Valley Development Authority
	450	+	23 created by the Tri-County River Valley Development
	451	+	24 Authority Law;
	452	+	25 (10) the Upper Illinois River Valley Development
	453	+	26 Authority created by the Upper Illinois River Valley
	454	+
	455	+
	456	+
	457	+
	458	+
	459	+	HB1131 Enrolled - 13 - LRB103 05007 AWJ 50020 b
	460	+
	461	+
	462	+	HB1131 Enrolled- 14 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 14 - LRB103 05007 AWJ 50020 b
	463	+	HB1131 Enrolled - 14 - LRB103 05007 AWJ 50020 b
	464	+	1 Development Authority Act;
	465	+	2 (11) the Illinois Urban Development Authority created
	466	+	3 by the Illinois Urban Development Authority Act;
	467	+	4 (12) the Western Illinois Economic Development
	468	+	5 Authority created by the Western Illinois Economic
	469	+	6 Development Authority Act; and
	470	+	7 (13) the Will-Kankakee Regional Development Authority
	471	+	8 created by the Will-Kankakee Regional Development
	472	+	9 Authority Law.
	473	+	10 "Regional Transit Boards" means (i) the Regional
	474	+	11 Transportation Authority created by the Regional
	475	+	12 Transportation Authority Act, (ii) the Suburban Bus Division
	476	+	13 created by the Regional Transportation Authority Act, (iii)
	477	+	14 the Commuter Rail Division created by the Regional
	478	+	15 Transportation Authority Act, and (iv) the Chicago Transit
	479	+	16 Authority created by the Metropolitan Transit Authority Act.
	480	+	17 "State agency" includes all officers, boards, commissions
	481	+	18 and agencies created by the Constitution, whether in the
	482	+	19 executive or legislative branch; all officers, departments,
	483	+	20 boards, commissions, agencies, institutions, authorities,
	484	+	21 public institutions of higher learning as defined in Section 2
	485	+	22 of the Higher Education Cooperation Act (except community
	486	+	23 colleges), and bodies politic and corporate of the State; and
	487	+	24 administrative units or corporate outgrowths of the State
	488	+	25 government which are created by or pursuant to statute, other
	489	+	26 than units of local government (including community college
	490	+
	491	+
	492	+
	493	+
	494	+
	495	+	HB1131 Enrolled - 14 - LRB103 05007 AWJ 50020 b
	496	+
	497	+
	498	+	HB1131 Enrolled- 15 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 15 - LRB103 05007 AWJ 50020 b
	499	+	HB1131 Enrolled - 15 - LRB103 05007 AWJ 50020 b
	500	+	1 districts) and their officers, school districts, and boards of
	501	+	2 election commissioners; and all administrative units and
	502	+	3 corporate outgrowths of the above and as may be created by
	503	+	4 executive order of the Governor. "State agency" includes the
	504	+	5 General Assembly, the Senate, the House of Representatives,
	505	+	6 the President and Minority Leader of the Senate, the Speaker
	506	+	7 and Minority Leader of the House of Representatives, the
	507	+	8 Senate Operations Commission, and the legislative support
	508	+	9 services agencies. "State agency" includes the Office of the
	509	+	10 Auditor General. "State agency" does not include the judicial
	510	+	11 branch.
	511	+	12 "State employee" means any employee of a State agency.
	512	+	13 "Ultimate jurisdictional authority" means the following:
	513	+	14 (1) For members, legislative partisan staff, and
	514	+	15 legislative secretaries, the appropriate legislative
	515	+	16 leader: President of the Senate, Minority Leader of the
	516	+	17 Senate, Speaker of the House of Representatives, or
	517	+	18 Minority Leader of the House of Representatives.
	518	+	19 (2) For State employees who are professional staff or
	519	+	20 employees of the Senate and not covered under item (1),
	520	+	21 the Senate Operations Commission.
	521	+	22 (3) For State employees who are professional staff or
	522	+	23 employees of the House of Representatives and not covered
	523	+	24 under item (1), the Speaker of the House of
	524	+	25 Representatives.
	525	+	26 (4) For State employees who are employees of the
	526	+
	527	+
	528	+
	529	+
	530	+
	531	+	HB1131 Enrolled - 15 - LRB103 05007 AWJ 50020 b
	532	+
	533	+
	534	+	HB1131 Enrolled- 16 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 16 - LRB103 05007 AWJ 50020 b
	535	+	HB1131 Enrolled - 16 - LRB103 05007 AWJ 50020 b
	536	+	1 legislative support services agencies, the Joint Committee
	537	+	2 on Legislative Support Services.
	538	+	3 (5) For State employees of the Auditor General, the
	539	+	4 Auditor General.
	540	+	5 (6) For State employees of public institutions of
	541	+	6 higher learning as defined in Section 2 of the Higher
	542	+	7 Education Cooperation Act (except community colleges), the
	543	+	8 board of trustees of the appropriate public institution of
	544	+	9 higher learning.
	545	+	10 (7) For State employees of an executive branch
	546	+	11 constitutional officer other than those described in
	547	+	12 paragraph (6), the appropriate executive branch
	548	+	13 constitutional officer.
	549	+	14 (8) For State employees not under the jurisdiction of
	550	+	15 paragraph (1), (2), (3), (4), (5), (6), or (7), the
	551	+	16 Governor.
	552	+	17 (9) For employees of Regional Transit Boards, the
	553	+	18 appropriate Regional Transit Board.
	554	+	19 (10) For board members of Regional Transit Boards, the
	555	+	20 Governor.
	556	+	21 (11) For employees of Regional Development
	557	+	22 Authorities, the appropriate Regional Development
	558	+	23 Authority.
	559	+	24 (12) For board members of Regional Development
	560	+	25 Authorities, the Governor.
	561	+	26 (Source: P.A. 96-6, eff. 4-3-09; 96-555, eff. 8-18-09;
	562	+
	563	+
	564	+
	565	+
	566	+
	567	+	HB1131 Enrolled - 16 - LRB103 05007 AWJ 50020 b
	568	+
	569	+
	570	+	HB1131 Enrolled- 17 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 17 - LRB103 05007 AWJ 50020 b
	571	+	HB1131 Enrolled - 17 - LRB103 05007 AWJ 50020 b
	572	+	1 96-1528, eff. 7-1-11; 96-1533, eff. 3-4-11; 97-813, eff.
	573	+	2 7-13-12.)
	574	+	3 (5 ILCS 430/20-5)
	575	+	4 Sec. 20-5. Executive Ethics Commission.
	576	+	5 (a) The Executive Ethics Commission is created.
	577	+	6 (b) The Executive Ethics Commission shall consist of 9
	578	+	7 commissioners. The Governor shall appoint 5 commissioners, and
	579	+	8 the Attorney General, Secretary of State, Comptroller, and
	580	+	9 Treasurer shall each appoint one commissioner. Appointments
	581	+	10 shall be made by and with the advice and consent of the Senate
	582	+	11 by three-fifths of the elected members concurring by record
	583	+	12 vote. Any nomination not acted upon by the Senate within 60
	584	+	13 session days of the receipt thereof shall be deemed to have
	585	+	14 received the advice and consent of the Senate. If, during a
	586	+	15 recess of the Senate, there is a vacancy in an office of
	587	+	16 commissioner, the appointing authority shall make a temporary
	588	+	17 appointment until the next meeting of the Senate when the
	589	+	18 appointing authority shall make a nomination to fill that
	590	+	19 office. No person rejected for an office of commissioner
	591	+	20 shall, except by the Senate's request, be nominated again for
	592	+	21 that office at the same session of the Senate or be appointed
	593	+	22 to that office during a recess of that Senate. No more than 5
	594	+	23 commissioners may be of the same political party.
	595	+	24 The terms of the initial commissioners shall commence upon
	596	+	25 qualification. Four initial appointees of the Governor, as
	597	+
	598	+
	599	+
	600	+
	601	+
	602	+	HB1131 Enrolled - 17 - LRB103 05007 AWJ 50020 b
	603	+
	604	+
	605	+	HB1131 Enrolled- 18 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 18 - LRB103 05007 AWJ 50020 b
	606	+	HB1131 Enrolled - 18 - LRB103 05007 AWJ 50020 b
	607	+	1 designated by the Governor, shall serve terms running through
	608	+	2 June 30, 2007. One initial appointee of the Governor, as
	609	+	3 designated by the Governor, and the initial appointees of the
	610	+	4 Attorney General, Secretary of State, Comptroller, and
	611	+	5 Treasurer shall serve terms running through June 30, 2008. The
	612	+	6 initial appointments shall be made within 60 days after the
	613	+	7 effective date of this Act.
	614	+	8 After the initial terms, commissioners shall serve for
	615	+	9 4-year terms commencing on July 1 of the year of appointment
	616	+	10 and running through June 30 of the fourth following year.
	617	+	11 Commissioners may be reappointed to one or more subsequent
	618	+	12 terms.
	619	+	13 Vacancies occurring other than at the end of a term shall
	620	+	14 be filled by the appointing authority only for the balance of
	621	+	15 the term of the commissioner whose office is vacant.
	622	+	16 Terms shall run regardless of whether the position is
	623	+	17 filled.
	624	+	18 (c) The appointing authorities shall appoint commissioners
	625	+	19 who have experience holding governmental office or employment
	626	+	20 and shall appoint commissioners from the general public. A
	627	+	21 person is not eligible to serve as a commissioner if that
	628	+	22 person (i) has been convicted of a felony or a crime of
	629	+	23 dishonesty or moral turpitude, (ii) is, or was within the
	630	+	24 preceding 12 months, engaged in activities that require
	631	+	25 registration under the Lobbyist Registration Act, (iii) is
	632	+	26 related to the appointing authority, or (iv) is a State
	633	+
	634	+
	635	+
	636	+
	637	+
	638	+	HB1131 Enrolled - 18 - LRB103 05007 AWJ 50020 b
	639	+
	640	+
	641	+	HB1131 Enrolled- 19 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 19 - LRB103 05007 AWJ 50020 b
	642	+	HB1131 Enrolled - 19 - LRB103 05007 AWJ 50020 b
	643	+	1 officer or employee.
	644	+	2 (d) The Executive Ethics Commission shall have
	645	+	3 jurisdiction over all officers and employees of State agencies
	646	+	4 other than the General Assembly, the Senate, the House of
	647	+	5 Representatives, the President and Minority Leader of the
	648	+	6 Senate, the Speaker and Minority Leader of the House of
	649	+	7 Representatives, the Senate Operations Commission, the
	650	+	8 legislative support services agencies, and the Office of the
	651	+	9 Auditor General. The Executive Ethics Commission shall have
	652	+	10 jurisdiction over all board members and employees of Regional
	653	+	11 Transit Boards and all board members and employees of Regional
	654	+	12 Development Authorities. The jurisdiction of the Commission is
	655	+	13 limited to matters arising under this Act, except as provided
	656	+	14 in subsection (d-5).
	657	+	15 A member or legislative branch State employee serving on
	658	+	16 an executive branch board or commission remains subject to the
	659	+	17 jurisdiction of the Legislative Ethics Commission and is not
	660	+	18 subject to the jurisdiction of the Executive Ethics
	661	+	19 Commission.
	662	+	20 (d-5) The Executive Ethics Commission shall have
	663	+	21 jurisdiction over all chief procurement officers and
	664	+	22 procurement compliance monitors and their respective staffs.
	665	+	23 The Executive Ethics Commission shall have jurisdiction over
	666	+	24 any matters arising under the Illinois Procurement Code if the
	667	+	25 Commission is given explicit authority in that Code.
	668	+	26 (d-6) (1) The Executive Ethics Commission shall have
	669	+
	670	+
	671	+
	672	+
	673	+
	674	+	HB1131 Enrolled - 19 - LRB103 05007 AWJ 50020 b
	675	+
	676	+
	677	+	HB1131 Enrolled- 20 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 20 - LRB103 05007 AWJ 50020 b
	678	+	HB1131 Enrolled - 20 - LRB103 05007 AWJ 50020 b
	679	+	1 jurisdiction over the Illinois Power Agency and its staff. The
	680	+	2 Director of the Agency shall be appointed by a majority of the
	681	+	3 commissioners of the Executive Ethics Commission, subject to
	682	+	4 Senate confirmation, for a term of 2 years. The Director is
	683	+	5 removable for cause by a majority of the Commission upon a
	684	+	6 finding of neglect, malfeasance, absence, or incompetence.
	685	+	7 (2) In case of a vacancy in the office of Director of the
	686	+	8 Illinois Power Agency during a recess of the Senate, the
	687	+	9 Executive Ethics Commission may make a temporary appointment
	688	+	10 until the next meeting of the Senate, at which time the
	689	+	11 Executive Ethics Commission shall nominate some person to fill
	690	+	12 the office, and any person so nominated who is confirmed by the
	691	+	13 Senate shall hold office during the remainder of the term and
	692	+	14 until his or her successor is appointed and qualified. Nothing
	693	+	15 in this subsection shall prohibit the Executive Ethics
	694	+	16 Commission from removing a temporary appointee or from
	695	+	17 appointing a temporary appointee as the Director of the
	696	+	18 Illinois Power Agency.
	697	+	19 (3) Prior to June 1, 2012, the Executive Ethics Commission
	698	+	20 may, until the Director of the Illinois Power Agency is
	699	+	21 appointed and qualified or a temporary appointment is made
	700	+	22 pursuant to paragraph (2) of this subsection, designate some
	701	+	23 person as an acting Director to execute the powers and
	702	+	24 discharge the duties vested by law in that Director. An acting
	703	+	25 Director shall serve no later than 60 calendar days, or upon
	704	+	26 the making of an appointment pursuant to paragraph (1) or (2)
	705	+
	706	+
	707	+
	708	+
	709	+
	710	+	HB1131 Enrolled - 20 - LRB103 05007 AWJ 50020 b
	711	+
	712	+
	713	+	HB1131 Enrolled- 21 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 21 - LRB103 05007 AWJ 50020 b
	714	+	HB1131 Enrolled - 21 - LRB103 05007 AWJ 50020 b
	715	+	1 of this subsection, whichever is earlier. Nothing in this
	716	+	2 subsection shall prohibit the Executive Ethics Commission from
	717	+	3 removing an acting Director or from appointing an acting
	718	+	4 Director as the Director of the Illinois Power Agency.
	719	+	5 (4) No person rejected by the Senate for the office of
	720	+	6 Director of the Illinois Power Agency shall, except at the
	721	+	7 Senate's request, be nominated again for that office at the
	722	+	8 same session or be appointed to that office during a recess of
	723	+	9 that Senate.
	724	+	10 (d-7) The Executive Ethics Commission shall have
	725	+	11 jurisdiction over complainants and respondents in violation of
	726	+	12 subsection (d) of Section 20-90.
	727	+	13 (e) The Executive Ethics Commission must meet, either in
	728	+	14 person or by other technological means, at least monthly and
	729	+	15 as often as necessary. At the first meeting of the Executive
	730	+	16 Ethics Commission, the commissioners shall choose from their
	731	+	17 number a chairperson and other officers that they deem
	732	+	18 appropriate. The terms of officers shall be for 2 years
	733	+	19 commencing July 1 and running through June 30 of the second
	734	+	20 following year. Meetings shall be held at the call of the
	735	+	21 chairperson or any 3 commissioners. Official action by the
	736	+	22 Commission shall require the affirmative vote of 5
	737	+	23 commissioners, and a quorum shall consist of 5 commissioners.
	738	+	24 Commissioners shall receive compensation in an amount equal to
	739	+	25 the compensation of members of the State Board of Elections
	740	+	26 and may be reimbursed for their reasonable expenses actually
	741	+
	742	+
	743	+
	744	+
	745	+
	746	+	HB1131 Enrolled - 21 - LRB103 05007 AWJ 50020 b
	747	+
	748	+
	749	+	HB1131 Enrolled- 22 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 22 - LRB103 05007 AWJ 50020 b
	750	+	HB1131 Enrolled - 22 - LRB103 05007 AWJ 50020 b
	751	+	1 incurred in the performance of their duties.
	752	+	2 (f) No commissioner or employee of the Executive Ethics
	753	+	3 Commission may during his or her term of appointment or
	754	+	4 employment:
	755	+	5 (1) become a candidate for any elective office;
	756	+	6 (2) hold any other elected or appointed public office
	757	+	7 except for appointments on governmental advisory boards or
	758	+	8 study commissions or as otherwise expressly authorized by
	759	+	9 law;
	760	+	10 (3) be actively involved in the affairs of any
	761	+	11 political party or political organization; or
	762	+	12 (4) advocate for the appointment of another person to
	763	+	13 an appointed or elected office or position or actively
	764	+	14 participate in any campaign for any elective office.
	765	+	15 (g) An appointing authority may remove a commissioner only
	766	+	16 for cause.
	767	+	17 (h) The Executive Ethics Commission shall appoint an
	768	+	18 Executive Director. The compensation of the Executive Director
	769	+	19 shall be as determined by the Commission. The Executive
	770	+	20 Director of the Executive Ethics Commission may employ and
	771	+	21 determine the compensation of staff, as appropriations permit.
	772	+	22 (i) The Executive Ethics Commission shall appoint, by a
	773	+	23 majority of the members appointed to the Commission, chief
	774	+	24 procurement officers and may appoint procurement compliance
	775	+	25 monitors in accordance with the provisions of the Illinois
	776	+	26 Procurement Code. The compensation of a chief procurement
	777	+
	778	+
	779	+
	780	+
	781	+
	782	+	HB1131 Enrolled - 22 - LRB103 05007 AWJ 50020 b
	783	+
	784	+
	785	+	HB1131 Enrolled- 23 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 23 - LRB103 05007 AWJ 50020 b
	786	+	HB1131 Enrolled - 23 - LRB103 05007 AWJ 50020 b
	787	+	1 officer and procurement compliance monitor shall be determined
	788	+	2 by the Commission.
	789	+	3 (Source: P.A. 100-43, eff. 8-9-17; 101-221, eff. 8-9-19;
	790	+	4 101-617, eff. 12-20-19.)
	791	+	5 (5 ILCS 430/20-10)
	792	+	6 Sec. 20-10. Offices of Executive Inspectors General.
	793	+	7 (a) Five independent Offices of the Executive Inspector
	794	+	8 General are created, one each for the Governor, the Attorney
	795	+	9 General, the Secretary of State, the Comptroller, and the
	796	+	10 Treasurer. Each Office shall be under the direction and
	797	+	11 supervision of an Executive Inspector General and shall be a
	798	+	12 fully independent office with separate appropriations.
	799	+	13 (b) The Governor, Attorney General, Secretary of State,
	800	+	14 Comptroller, and Treasurer shall each appoint an Executive
	801	+	15 Inspector General, without regard to political affiliation and
	802	+	16 solely on the basis of integrity and demonstrated ability.
	803	+	17 Appointments shall be made by and with the advice and consent
	804	+	18 of the Senate by three-fifths of the elected members
	805	+	19 concurring by record vote. Any nomination not acted upon by
	806	+	20 the Senate within 60 session days of the receipt thereof shall
	807	+	21 be deemed to have received the advice and consent of the
	808	+	22 Senate. If, during a recess of the Senate, there is a vacancy
	809	+	23 in an office of Executive Inspector General, the appointing
	810	+	24 authority shall make a temporary appointment until the next
	811	+	25 meeting of the Senate when the appointing authority shall make
	812	+
	813	+
	814	+
	815	+
	816	+
	817	+	HB1131 Enrolled - 23 - LRB103 05007 AWJ 50020 b
	818	+
	819	+
	820	+	HB1131 Enrolled- 24 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 24 - LRB103 05007 AWJ 50020 b
	821	+	HB1131 Enrolled - 24 - LRB103 05007 AWJ 50020 b
	822	+	1 a nomination to fill that office. No person rejected for an
	823	+	2 office of Executive Inspector General shall, except by the
	824	+	3 Senate's request, be nominated again for that office at the
	825	+	4 same session of the Senate or be appointed to that office
	826	+	5 during a recess of that Senate.
	827	+	6 Nothing in this Article precludes the appointment by the
	828	+	7 Governor, Attorney General, Secretary of State, Comptroller,
	829	+	8 or Treasurer of any other inspector general required or
	830	+	9 permitted by law. The Governor, Attorney General, Secretary of
	831	+	10 State, Comptroller, and Treasurer each may appoint an existing
	832	+	11 inspector general as the Executive Inspector General required
	833	+	12 by this Article, provided that such an inspector general is
	834	+	13 not prohibited by law, rule, jurisdiction, qualification, or
	835	+	14 interest from serving as the Executive Inspector General
	836	+	15 required by this Article. An appointing authority may not
	837	+	16 appoint a relative as an Executive Inspector General.
	838	+	17 Each Executive Inspector General shall have the following
	839	+	18 qualifications:
	840	+	19 (1) has not been convicted of any felony under the
	841	+	20 laws of this State, another State, or the United States;
	842	+	21 (2) has earned a baccalaureate degree from an
	843	+	22 institution of higher education; and
	844	+	23 (3) has 5 or more years of cumulative service (A) with
	845	+	24 a federal, State, or local law enforcement agency, at
	846	+	25 least 2 years of which have been in a progressive
	847	+	26 investigatory capacity; (B) as a federal, State, or local
	848	+
	849	+
	850	+
	851	+
	852	+
	853	+	HB1131 Enrolled - 24 - LRB103 05007 AWJ 50020 b
	854	+
	855	+
	856	+	HB1131 Enrolled- 25 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 25 - LRB103 05007 AWJ 50020 b
	857	+	HB1131 Enrolled - 25 - LRB103 05007 AWJ 50020 b
	858	+	1 prosecutor; (C) as a senior manager or executive of a
	859	+	2 federal, State, or local agency; (D) as a member, an
	860	+	3 officer, or a State or federal judge; or (E) representing
	861	+	4 any combination of items (A) through (D).
	862	+	5 The term of each initial Executive Inspector General shall
	863	+	6 commence upon qualification and shall run through June 30,
	864	+	7 2008. The initial appointments shall be made within 60 days
	865	+	8 after the effective date of this Act.
	866	+	9 After the initial term, each Executive Inspector General
	867	+	10 shall serve for 5-year terms commencing on July 1 of the year
	868	+	11 of appointment and running through June 30 of the fifth
	869	+	12 following year. An Executive Inspector General may be
	870	+	13 reappointed to one or more subsequent terms.
	871	+	14 A vacancy occurring other than at the end of a term shall
	872	+	15 be filled by the appointing authority only for the balance of
	873	+	16 the term of the Executive Inspector General whose office is
	874	+	17 vacant.
	875	+	18 Terms shall run regardless of whether the position is
	876	+	19 filled.
	877	+	20 (c) The Executive Inspector General appointed by the
	878	+	21 Attorney General shall have jurisdiction over the Attorney
	879	+	22 General and all officers and employees of, and vendors and
	880	+	23 others doing business with, State agencies within the
	881	+	24 jurisdiction of the Attorney General. The Executive Inspector
	882	+	25 General appointed by the Secretary of State shall have
	883	+	26 jurisdiction over the Secretary of State and all officers and
	884	+
	885	+
	886	+
	887	+
	888	+
	889	+	HB1131 Enrolled - 25 - LRB103 05007 AWJ 50020 b
	890	+
	891	+
	892	+	HB1131 Enrolled- 26 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 26 - LRB103 05007 AWJ 50020 b
	893	+	HB1131 Enrolled - 26 - LRB103 05007 AWJ 50020 b
	894	+	1 employees of, and vendors and others doing business with,
	895	+	2 State agencies within the jurisdiction of the Secretary of
	896	+	3 State. The Executive Inspector General appointed by the
	897	+	4 Comptroller shall have jurisdiction over the Comptroller and
	898	+	5 all officers and employees of, and vendors and others doing
	899	+	6 business with, State agencies within the jurisdiction of the
	900	+	7 Comptroller. The Executive Inspector General appointed by the
	901	+	8 Treasurer shall have jurisdiction over the Treasurer and all
	902	+	9 officers and employees of, and vendors and others doing
	903	+	10 business with, State agencies within the jurisdiction of the
	904	+	11 Treasurer. The Executive Inspector General appointed by the
	905	+	12 Governor shall have jurisdiction over (i) the Governor, (ii)
	906	+	13 the Lieutenant Governor, (iii) all officers and employees of,
	907	+	14 and vendors and others doing business with, executive branch
	908	+	15 State agencies under the jurisdiction of the Executive Ethics
	909	+	16 Commission and not within the jurisdiction of the Attorney
	910	+	17 General, the Secretary of State, the Comptroller, or the
	911	+	18 Treasurer, and (iv) all board members and employees of the
	912	+	19 Regional Transit Boards and all vendors and others doing
	913	+	20 business with the Regional Transit Boards, and (v) all board
	914	+	21 members and employees of the Regional Development Authorities
	915	+	22 and all vendors and others doing business with the Regional
	916	+	23 Development Authorities.
	917	+	24 The jurisdiction of each Executive Inspector General is to
	918	+	25 investigate allegations of fraud, waste, abuse, mismanagement,
	919	+	26 misconduct, nonfeasance, misfeasance, malfeasance, or
	920	+
	921	+
	922	+
	923	+
	924	+
	925	+	HB1131 Enrolled - 26 - LRB103 05007 AWJ 50020 b
	926	+
	927	+
	928	+	HB1131 Enrolled- 27 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 27 - LRB103 05007 AWJ 50020 b
	929	+	HB1131 Enrolled - 27 - LRB103 05007 AWJ 50020 b
	930	+	1 violations of this Act or violations of other related laws and
	931	+	2 rules.
	932	+	3 Each Executive Inspector General shall have jurisdiction
	933	+	4 over complainants in violation of subsection (e) of Section
	934	+	5 20-63 for disclosing a summary report prepared by the
	935	+	6 respective Executive Inspector General.
	936	+	7 (d) The compensation for each Executive Inspector General
	937	+	8 shall be determined by the Executive Ethics Commission and
	938	+	9 shall be provided from appropriations made to the Comptroller
	939	+	10 for this purpose. For terms of office beginning on or after
	940	+	11 July 1, 2023, each Executive Inspector General shall receive,
	941	+	12 on July 1 of each year, beginning on July 1, 2024, an increase
	942	+	13 in salary based on a cost of living adjustment as authorized by
	943	+	14 Senate Joint Resolution 192 of the 86th General Assembly.
	944	+	15 Subject to Section 20-45 of this Act, each Executive Inspector
	945	+	16 General has full authority to organize his or her Office of the
	946	+	17 Executive Inspector General, including the employment and
	947	+	18 determination of the compensation of staff, such as deputies,
	948	+	19 assistants, and other employees, as appropriations permit. A
	949	+	20 separate appropriation shall be made for each Office of
	950	+	21 Executive Inspector General.
	951	+	22 (e) No Executive Inspector General or employee of the
	952	+	23 Office of the Executive Inspector General may, during his or
	953	+	24 her term of appointment or employment:
	954	+	25 (1) become a candidate for any elective office;
	955	+	26 (2) hold any other elected or appointed public office
	956	+
	957	+
	958	+
	959	+
	960	+
	961	+	HB1131 Enrolled - 27 - LRB103 05007 AWJ 50020 b
	962	+
	963	+
	964	+	HB1131 Enrolled- 28 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 28 - LRB103 05007 AWJ 50020 b
	965	+	HB1131 Enrolled - 28 - LRB103 05007 AWJ 50020 b
	966	+	1 except for appointments on governmental advisory boards or
	967	+	2 study commissions or as otherwise expressly authorized by
	968	+	3 law;
	969	+	4 (3) be actively involved in the affairs of any
	970	+	5 political party or political organization; or
	971	+	6 (4) advocate for the appointment of another person to
	972	+	7 an appointed or elected office or position or actively
	973	+	8 participate in any campaign for any elective office.
	974	+	9 In this subsection an appointed public office means a
	975	+	10 position authorized by law that is filled by an appointing
	976	+	11 authority as provided by law and does not include employment
	977	+	12 by hiring in the ordinary course of business.
	978	+	13 (e-1) No Executive Inspector General or employee of the
	979	+	14 Office of the Executive Inspector General may, for one year
	980	+	15 after the termination of his or her appointment or employment:
	981	+	16 (1) become a candidate for any elective office;
	982	+	17 (2) hold any elected public office; or
	983	+	18 (3) hold any appointed State, county, or local
	984	+	19 judicial office.
	985	+	20 (e-2) The requirements of item (3) of subsection (e-1) may
	986	+	21 be waived by the Executive Ethics Commission.
	987	+	22 (f) An Executive Inspector General may be removed only for
	988	+	23 cause and may be removed only by the appointing constitutional
	989	+	24 officer. At the time of the removal, the appointing
	990	+	25 constitutional officer must report to the Executive Ethics
	991	+	26 Commission the justification for the removal.
	992	+
	993	+
	994	+
	995	+
	996	+
	997	+	HB1131 Enrolled - 28 - LRB103 05007 AWJ 50020 b
	998	+
	999	+
	1000	+	HB1131 Enrolled- 29 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 29 - LRB103 05007 AWJ 50020 b
	1001	+	HB1131 Enrolled - 29 - LRB103 05007 AWJ 50020 b
	1002	+	1 (Source: P.A. 101-221, eff. 8-9-19; 102-558, eff. 8-20-21;
	1003	+	2 102-1115, eff. 1-9-23.)
	1004	+	3 (5 ILCS 430/20-23)
	1005	+	4 Sec. 20-23. Ethics Officers. Each officer and the head of
	1006	+	5 each State agency under the jurisdiction of the Executive
	1007	+	6 Ethics Commission shall designate an Ethics Officer for the
	1008	+	7 office or State agency. The board of each Regional Transit
	1009	+	8 Board shall designate an Ethics Officer for the Regional
	1010	+	9 Transit Board, and the board of each Regional Development
	1011	+	10 Authority shall designate an Ethics Officer for the Regional
	1012	+	11 Development Authority. Ethics Officers shall:
	1013	+	12 (1) act as liaisons between the State agency, or
	1014	+	13 Regional Transit Board , or Regional Development Authority
	1015	+	14 and the appropriate Executive Inspector General and
	1016	+	15 between the State agency, or Regional Transit Board, or
	1017	+	16 Regional Development Authority and the Executive Ethics
	1018	+	17 Commission;
	1019	+	18 (2) review statements of economic interest and
	1020	+	19 disclosure forms of officers, senior employees, and
	1021	+	20 contract monitors before they are filed with the Secretary
	1022	+	21 of State; and
	1023	+	22 (3) provide guidance to officers and employees in the
	1024	+	23 interpretation and implementation of this Act, which the
	1025	+	24 officer or employee may in good faith rely upon. Such
	1026	+	25 guidance shall be based, wherever possible, upon legal
	1027	+
	1028	+
	1029	+
	1030	+
	1031	+
	1032	+	HB1131 Enrolled - 29 - LRB103 05007 AWJ 50020 b
	1033	+
	1034	+
	1035	+	HB1131 Enrolled- 30 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 30 - LRB103 05007 AWJ 50020 b
	1036	+	HB1131 Enrolled - 30 - LRB103 05007 AWJ 50020 b
	1037	+	1 precedent in court decisions, opinions of the Attorney
	1038	+	2 General, and the findings and opinions of the Executive
	1039	+	3 Ethics Commission.
	1040	+	4 (Source: P.A. 96-1528, eff. 7-1-11.)
	1041	+	5 (5 ILCS 430/Art. 75 heading)
	1042	+	6 ARTICLE 75. REGIONAL TRANSIT BOARDS
	1043	+	7 AND REGIONAL DEVELOPMENT AUTHORITIES
	1044	+	8 (Source: P.A. 96-1528, eff. 7-1-11.)
	1045	+	9 (5 ILCS 430/75-5)
	1046	+	10 Sec. 75-5. Application of the State Officials and
	1047	+	11 Employees Ethics Act to the Regional Transit Boards and
	1048	+	12 Regional Development Authorities.
	1049	+	13 (a) The Beginning July 1, 2011, the provisions of Articles
	1050	+	14 1, 5, 10, 20, and 50 of this Act, as well as this Article,
	1051	+	15 shall apply to the Regional Transit Boards and Regional
	1052	+	16 Development Authorities. As used in Articles 1, 5, 10, 20, 50,
	1053	+	17 and 75, (i) "appointee" and "officer" include a person
	1054	+	18 appointed to serve on the board of a Regional Transit Board or
	1055	+	19 a board of a Regional Development Authority, and (ii)
	1056	+	20 "employee" and "State employee" include: (A) a full-time,
	1057	+	21 part-time, or contractual employee of a Regional Transit Board
	1058	+	22 or a Regional Development Authority; and (B) Authority leaders
	1059	+	23 of a Regional Development Authority. As used in this
	1060	+	24 subsection, "Authority leader" has the meaning given to that
	1061	+
	1062	+
	1063	+
	1064	+
	1065	+
	1066	+	HB1131 Enrolled - 30 - LRB103 05007 AWJ 50020 b
	1067	+
	1068	+
	1069	+	HB1131 Enrolled- 31 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 31 - LRB103 05007 AWJ 50020 b
	1070	+	HB1131 Enrolled - 31 - LRB103 05007 AWJ 50020 b
	1071	+	1 term in the various Acts and Laws creating the Regional
	1072	+	2 Development Authorities.
	1073	+	3 (b) The Executive Ethics Commission shall have
	1074	+	4 jurisdiction over all board members and employees of the
	1075	+	5 Regional Transit Boards and Regional Development Authorities.
	1076	+	6 The Executive Inspector General appointed by the Governor
	1077	+	7 shall have jurisdiction over all board members, employees,
	1078	+	8 vendors, and others doing business with the Regional Transit
	1079	+	9 Boards and Regional Development Authorities to investigate
	1080	+	10 allegations of fraud, waste, abuse, mismanagement, misconduct,
	1081	+	11 nonfeasance, misfeasance, malfeasance, or violations of this
	1082	+	12 Act.
	1083	+	13 (Source: P.A. 96-1528, eff. 7-1-11.)
	1084	+	14 Section 15. The Central Illinois Economic Development
	1085	+	15 Authority Act is amended by changing Sections 10, 15, and 70
	1086	+	16 and by adding Sections 21 and 22 as follows:
	1087	+	17 (70 ILCS 504/10)
	1088	+	18 Sec. 10. Definitions. In this Act:
	1089	+	19 "Authority" means the Central Illinois Economic
	1090	+	20 Development Authority.
	1091	+	21 "Authority leader" means the Executive Director, Assistant
	1092	+	22 Executive Director, or any other person serving in a
	1093	+	23 management, administrative, or leadership role at the
	1094	+	24 Authority.
	1095	+
	1096	+
	1097	+
	1098	+
	1099	+
	1100	+	HB1131 Enrolled - 31 - LRB103 05007 AWJ 50020 b
	1101	+
	1102	+
	1103	+	HB1131 Enrolled- 32 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 32 - LRB103 05007 AWJ 50020 b
	1104	+	HB1131 Enrolled - 32 - LRB103 05007 AWJ 50020 b
	1105	+	1 "Governmental agency" means any federal, State, or local
	1106	+	2 governmental body and any agency or instrumentality thereof,
	1107	+	3 corporate or otherwise.
	1108	+	4 "Person" means any natural person, firm, partnership,
	1109	+	5 corporation, both domestic and foreign, company, association
	1110	+	6 or joint stock association and includes any trustee, receiver,
	1111	+	7 assignee or personal representative thereof.
	1112	+	8 "Restricted person" means a person who has a familial or
	1113	+	9 business relationship with an Authority leader.
	1114	+	10 "Revenue bond" means any bond issued by the Authority, the
	1115	+	11 principal and interest of which is payable solely from
	1116	+	12 revenues or income derived from any project or activity of the
	1117	+	13 Authority.
	1118	+	14 "Board" means the Board of Directors of the Central
	1119	+	15 Illinois Economic Development Authority.
	1120	+	16 "Governor" means the Governor of the State of Illinois.
	1121	+	17 "City" means any city, village, incorporated town, or
	1122	+	18 township within the geographical territory of the Authority.
	1123	+	19 "Industrial project" means the following:
	1124	+	20 (1) a capital project, including one or more buildings
	1125	+	21 and other structures, improvements, machinery and
	1126	+	22 equipment whether or not on the same site or sites now
	1127	+	23 existing or hereafter acquired, suitable for use by any
	1128	+	24 manufacturing, industrial, research, transportation or
	1129	+	25 commercial enterprise including but not limited to use as
	1130	+	26 a factory, mill, processing plant, assembly plant,
	1131	+
	1132	+
	1133	+
	1134	+
	1135	+
	1136	+	HB1131 Enrolled - 32 - LRB103 05007 AWJ 50020 b
	1137	+
	1138	+
	1139	+	HB1131 Enrolled- 33 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 33 - LRB103 05007 AWJ 50020 b
	1140	+	HB1131 Enrolled - 33 - LRB103 05007 AWJ 50020 b
	1141	+	1 packaging plant, fabricating plant, ethanol plant, office
	1142	+	2 building, industrial distribution center, warehouse,
	1143	+	3 repair, overhaul or service facility, freight terminal,
	1144	+	4 research facility, test facility, railroad facility, port
	1145	+	5 facility, solid waste and wastewater treatment and
	1146	+	6 disposal sites and other pollution control facilities,
	1147	+	7 resource or waste reduction, recovery, treatment and
	1148	+	8 disposal facilities, and including also the sites thereof
	1149	+	9 and other rights in land therefore whether improved or
	1150	+	10 unimproved, site preparation and landscaping and all
	1151	+	11 appurtenances and facilities incidental thereto such as
	1152	+	12 utilities, access roads, railroad sidings, truck docking
	1153	+	13 and similar facilities, parking facilities, dockage,
	1154	+	14 wharfage, railroad roadbed, track, trestle, depot,
	1155	+	15 terminal, switching and signaling equipment or related
	1156	+	16 equipment and other improvements necessary or convenient
	1157	+	17 thereto; or
	1158	+	18 (2) any land, buildings, machinery or equipment
	1159	+	19 comprising an addition to or renovation, rehabilitation or
	1160	+	20 improvement of any existing capital project.
	1161	+	21 "Housing project" or "residential project" includes a
	1162	+	22 specific work or improvement undertaken to provide dwelling
	1163	+	23 accommodations, including the acquisition, construction or
	1164	+	24 rehabilitation of lands, buildings and community facilities
	1165	+	25 and in connection therewith to provide nonhousing facilities
	1166	+	26 which are an integral part of a planned large-scale project or
	1167	+
	1168	+
	1169	+
	1170	+
	1171	+
	1172	+	HB1131 Enrolled - 33 - LRB103 05007 AWJ 50020 b
	1173	+
	1174	+
	1175	+	HB1131 Enrolled- 34 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 34 - LRB103 05007 AWJ 50020 b
	1176	+	HB1131 Enrolled - 34 - LRB103 05007 AWJ 50020 b
	1177	+	1 new community.
	1178	+	2 "Commercial project" means any project, including, but not
	1179	+	3 limited to, one or more buildings and other structures,
	1180	+	4 improvements, machinery, and equipment, whether or not on the
	1181	+	5 same site or sites now existing or hereafter acquired,
	1182	+	6 suitable for use by any retail or wholesale concern,
	1183	+	7 distributorship, or agency.
	1184	+	8 "Project" means an industrial, housing, residential,
	1185	+	9 commercial, or service project, or any combination thereof,
	1186	+	10 provided that all uses fall within one of the categories
	1187	+	11 described above. Any project automatically includes all site
	1188	+	12 improvements and new construction involving sidewalks, sewers,
	1189	+	13 solid waste and wastewater treatment and disposal sites and
	1190	+	14 other pollution control facilities, resource or waste
	1191	+	15 reduction, recovery, treatment and disposal facilities, parks,
	1192	+	16 open spaces, wildlife sanctuaries, streets, highways, and
	1193	+	17 runways.
	1194	+	18 "Lease agreement" means an agreement in which a project
	1195	+	19 acquired by the Authority by purchase, gift, or lease is
	1196	+	20 leased to any person or corporation that will use, or cause the
	1197	+	21 project to be used, as a project, upon terms providing for
	1198	+	22 lease rental payments at least sufficient to pay, when due,
	1199	+	23 all principal of and interest and premium, if any, on any
	1200	+	24 bonds, notes, or other evidences of indebtedness of the
	1201	+	25 Authority, issued with respect to the project, providing for
	1202	+	26 the maintenance, insurance, and operation of the project on
	1203	+
	1204	+
	1205	+
	1206	+
	1207	+
	1208	+	HB1131 Enrolled - 34 - LRB103 05007 AWJ 50020 b
	1209	+
	1210	+
	1211	+	HB1131 Enrolled- 35 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 35 - LRB103 05007 AWJ 50020 b
	1212	+	HB1131 Enrolled - 35 - LRB103 05007 AWJ 50020 b
	1213	+	1 terms satisfactory to the Authority and providing for
	1214	+	2 disposition of the project upon termination of the lease term,
	1215	+	3 including purchase options or abandonment of the premises,
	1216	+	4 with other terms as may be deemed desirable by the Authority.
	1217	+	5 "Loan agreement" means any agreement in which the
	1218	+	6 Authority agrees to loan the proceeds of its bonds, notes, or
	1219	+	7 other evidences of indebtedness, issued with respect to a
	1220	+	8 project, to any person or corporation which will use or cause
	1221	+	9 the project to be used as a project, upon terms providing for
	1222	+	10 loan repayment installments at least sufficient to pay, when
	1223	+	11 due, all principal of and interest and premium, if any, on any
	1224	+	12 bonds, notes, or other evidences of indebtedness of the
	1225	+	13 Authority issued with respect to the project, providing for
	1226	+	14 maintenance, insurance, and operation of the project on terms
	1227	+	15 satisfactory to the Authority and providing for other terms
	1228	+	16 deemed advisable by the Authority.
	1229	+	17 "Financial aid" means the expenditure of Authority funds
	1230	+	18 or funds provided by the Authority for the development,
	1231	+	19 construction, acquisition or improvement of a project, through
	1232	+	20 the issuance of revenue bonds, notes, or other evidences of
	1233	+	21 indebtedness.
	1234	+	22 "Costs incurred in connection with the development,
	1235	+	23 construction, acquisition or improvement of a project" means
	1236	+	24 the following:
	1237	+	25 (1) the cost of purchase and construction of all lands
	1238	+	26 and improvements in connection therewith and equipment and
	1239	+
	1240	+
	1241	+
	1242	+
	1243	+
	1244	+	HB1131 Enrolled - 35 - LRB103 05007 AWJ 50020 b
	1245	+
	1246	+
	1247	+	HB1131 Enrolled- 36 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 36 - LRB103 05007 AWJ 50020 b
	1248	+	HB1131 Enrolled - 36 - LRB103 05007 AWJ 50020 b
	1249	+	1 other property, rights, easements, and franchises acquired
	1250	+	2 which are deemed necessary for the construction;
	1251	+	3 (2) financing charges;
	1252	+	4 (3) interest costs with respect to bonds, notes, and
	1253	+	5 other evidences of indebtedness of the Authority prior to
	1254	+	6 and during construction and for a period of 6 months
	1255	+	7 thereafter;
	1256	+	8 (4) engineering and legal expenses; and
	1257	+	9 (5) the costs of plans, specifications, surveys, and
	1258	+	10 estimates of costs and other expenses necessary or
	1259	+	11 incident to determining the feasibility or practicability
	1260	+	12 of any project, together with such other expenses as may
	1261	+	13 be necessary or incident to the financing, insuring,
	1262	+	14 acquisition, and construction of a specific project and
	1263	+	15 the placing of the same in operation.
	1264	+	16 (Source: P.A. 98-750, eff. 1-1-15.)
	1265	+	17 (70 ILCS 504/15)
	1266	+	18 Sec. 15. Creation.
	1267	+	19 (a) There is created a political subdivision, body
	1268	+	20 politic, and municipal corporation named the Central Illinois
	1269	+	21 Economic Development Authority. The territorial jurisdiction
	1270	+	22 of the Authority is that geographic area within the boundaries
	1271	+	23 of the following counties: Macon, Sangamon, Menard, Logan,
	1272	+	24 Christian, DeWitt, Macoupin, Montgomery, Calhoun, Greene, and
	1273	+	25 Jersey and any navigable waters and air space located therein.
	1274	+
	1275	+
	1276	+
	1277	+
	1278	+
	1279	+	HB1131 Enrolled - 36 - LRB103 05007 AWJ 50020 b
	1280	+
	1281	+
	1282	+	HB1131 Enrolled- 37 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 37 - LRB103 05007 AWJ 50020 b
	1283	+	HB1131 Enrolled - 37 - LRB103 05007 AWJ 50020 b
	1284	+	1 (b) The governing and administrative powers of the
	1285	+	2 Authority shall be vested in a body consisting of 15 members as
	1286	+	3 follows:
	1287	+	4 (1) Ex officio members. The Director of Commerce and
	1288	+	5 Economic Opportunity, or a designee of that Department,
	1289	+	6 shall serve as an ex officio member.
	1290	+	7 (2) Public members. Three members shall be appointed
	1291	+	8 by the Governor with the advice and consent of the Senate.
	1292	+	9 The county board chairperson of the following counties
	1293	+	10 shall each appoint one member: Macon, Sangamon, Menard,
	1294	+	11 Logan, Christian, DeWitt, Macoupin, Montgomery, Calhoun,
	1295	+	12 Greene, and Jersey. All public members shall reside within
	1296	+	13 the territorial jurisdiction of the Authority. The public
	1297	+	14 members shall be persons of recognized ability and
	1298	+	15 experience in one or more of the following areas: economic
	1299	+	16 development, finance, banking, industrial development,
	1300	+	17 state or local government, commercial agriculture, small
	1301	+	18 business management, real estate development, community
	1302	+	19 development, venture finance, organized labor, or civic or
	1303	+	20 community organization.
	1304	+	21 (c) 8 members shall constitute a quorum, and the Board may
	1305	+	22 not meet or take any action without a quorum present.
	1306	+	23 (d) The chairperson of the Authority shall be elected
	1307	+	24 annually by the Board and must be a public member that resides
	1308	+	25 within the territorial jurisdiction of the Authority.
	1309	+	26 (e) The terms of all initial members of the Authority
	1310	+
	1311	+
	1312	+
	1313	+
	1314	+
	1315	+	HB1131 Enrolled - 37 - LRB103 05007 AWJ 50020 b
	1316	+
	1317	+
	1318	+	HB1131 Enrolled- 38 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 38 - LRB103 05007 AWJ 50020 b
	1319	+	HB1131 Enrolled - 38 - LRB103 05007 AWJ 50020 b
	1320	+	1 shall begin 30 days after the effective date of this Act. Of
	1321	+	2 the 3 original public members appointed by the Governor, 1
	1322	+	3 shall serve until the third Monday in January, 2007; 1 shall
	1323	+	4 serve until the third Monday in January, 2008; 1 shall serve
	1324	+	5 until the third Monday in January, 2009. The initial terms of
	1325	+	6 the original public members appointed by the county board
	1326	+	7 chairpersons shall be determined by lot, according to the
	1327	+	8 following schedule: (i) 3 shall serve until the third Monday
	1328	+	9 in January, 2007, (ii) 3 shall serve until the third Monday in
	1329	+	10 January, 2008, (iii) 3 shall serve until the third Monday in
	1330	+	11 January, 2009, and (iv) 2 shall serve until the third Monday in
	1331	+	12 January, 2010. All successors to these original public members
	1332	+	13 shall be appointed by the original appointing authority and
	1333	+	14 all appointments made by the Governor shall be made with the
	1334	+	15 advice and consent of the Senate, pursuant to subsection (b),
	1335	+	16 and shall hold office for a term of 6 years commencing the
	1336	+	17 third Monday in January of the year in which their term
	1337	+	18 commences, except in the case of an appointment to fill a
	1338	+	19 vacancy. Vacancies occurring among the public members shall be
	1339	+	20 filled for the remainder of the term. In case of vacancy in a
	1340	+	21 Governor-appointed membership when the Senate is not in
	1341	+	22 session, the Governor may make a temporary appointment until
	1342	+	23 the next meeting of the Senate when a person shall be nominated
	1343	+	24 to fill the office and, upon confirmation by the Senate, he or
	1344	+	25 she shall hold office during the remainder of the term and
	1345	+	26 until a successor is appointed and qualified. Members of the
	1346	+
	1347	+
	1348	+
	1349	+
	1350	+
	1351	+	HB1131 Enrolled - 38 - LRB103 05007 AWJ 50020 b
	1352	+
	1353	+
	1354	+	HB1131 Enrolled- 39 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 39 - LRB103 05007 AWJ 50020 b
	1355	+	HB1131 Enrolled - 39 - LRB103 05007 AWJ 50020 b
	1356	+	1 Authority are not entitled to compensation for their services
	1357	+	2 as members but are entitled to reimbursement for all necessary
	1358	+	3 expenses incurred in connection with the performance of their
	1359	+	4 duties as members.
	1360	+	5 (f) The Governor may remove any public member of the
	1361	+	6 Authority appointed by the Governor or a predecessor Governor
	1362	+	7 in case of incompetence, neglect of duty, or malfeasance in
	1363	+	8 office. The chairperson of a county board may remove any
	1364	+	9 public member appointed by that chairperson or a predecessor
	1365	+	10 county board chairperson in case of incompetence, neglect of
	1366	+	11 duty, or malfeasance in office.
	1367	+	12 (g) The Board shall appoint an Executive Director who
	1368	+	13 shall have a background in finance, including familiarity with
	1369	+	14 the legal and procedural requirements of issuing bonds, real
	1370	+	15 estate, or economic development and administration. The
	1371	+	16 Executive Director shall hold office at the discretion of the
	1372	+	17 Board. The Executive Director shall be the chief
	1373	+	18 administrative and operational officer of the Authority, shall
	1374	+	19 direct and supervise its administrative affairs and general
	1375	+	20 management, perform such other duties as may be prescribed
	1376	+	21 from time to time by the members, and receive compensation
	1377	+	22 fixed by the Authority. The Department of Commerce and
	1378	+	23 Economic Opportunity shall pay the compensation of the
	1379	+	24 Executive Director from appropriations received for that
	1380	+	25 purpose. The Executive Director shall attend all meetings of
	1381	+	26 the Authority. However, no action of the Authority shall be
	1382	+
	1383	+
	1384	+
	1385	+
	1386	+
	1387	+	HB1131 Enrolled - 39 - LRB103 05007 AWJ 50020 b
	1388	+
	1389	+
	1390	+	HB1131 Enrolled- 40 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 40 - LRB103 05007 AWJ 50020 b
	1391	+	HB1131 Enrolled - 40 - LRB103 05007 AWJ 50020 b
	1392	+	1 invalid on account of the absence of the Executive Director
	1393	+	2 from a meeting. The Authority may engage the services of the
	1394	+	3 Illinois Finance Authority, attorneys, appraisers, engineers,
	1395	+	4 accountants, credit analysts, and other consultants if the
	1396	+	5 Central Illinois Economic Development Authority deems it
	1397	+	6 advisable.
	1398	+	7 (Source: P.A. 94-995, eff. 7-3-06.)
	1399	+	8 (70 ILCS 504/21 new)
	1400	+	9 Sec. 21. Requests for assistance; disclosure of economic
	1401	+	10 interests.
	1402	+	11 (a) The Authority may not hear a request for assistance
	1403	+	12 from a restricted person. This prohibition extends to business
	1404	+	13 relationships between a person who is an Authority leader
	1405	+	14 within one year prior to the request for assistance and to any
	1406	+	15 entity in which a restricted person holds or, within the past 2
	1407	+	16 years, held an ownership interest of 10% or more.
	1408	+	17 (b) An Authority leader shall disclose and recuse himself
	1409	+	18 or herself from matters relating to requests for assistance
	1410	+	19 from an entity that is relocating full-time employees from
	1411	+	20 another Authority's counties if (i) both Authorities contract
	1412	+	21 with or employ the same Authority leader or (ii) there is or,
	1413	+	22 within the past 2 years of the request, there was a business
	1414	+	23 relationship between the Authority leaders at the 2
	1415	+	24 Authorities.
	1416	+	25 (c) The Board of the Authority shall vote to renew the
	1417	+
	1418	+
	1419	+
	1420	+
	1421	+
	1422	+	HB1131 Enrolled - 40 - LRB103 05007 AWJ 50020 b
	1423	+
	1424	+
	1425	+	HB1131 Enrolled- 41 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 41 - LRB103 05007 AWJ 50020 b
	1426	+	HB1131 Enrolled - 41 - LRB103 05007 AWJ 50020 b
	1427	+	1 appointment of the Executive Director and other Authority
	1428	+	2 leaders on an annual basis. All contracts shall be approved on
	1429	+	3 an annual basis and use a public process to solicit
	1430	+	4 applications. This requirement does not apply to full-time
	1431	+	5 employees of the Authority unless otherwise required by
	1432	+	6 applicable State law or local ordinance.
	1433	+	7 (g) Each Authority leader shall submit a statement of
	1434	+	8 economic interest in accordance with Article 4A of the
	1435	+	9 Illinois Governmental Ethics Act. Additionally, each Authority
	1436	+	10 leader shall disclose to the Board outside sources of income
	1437	+	11 and any business relationships in economic development
	1438	+	12 consulting or lobbying. Reporting shall include the source of
	1439	+	13 income, services provided, and timeline of when services were
	1440	+	14 provided. If the source of income is a firm or organization
	1441	+	15 with multiple clients, the report shall list all of the
	1442	+	16 entities for which the individual provided services.
	1443	+	17 (70 ILCS 504/22 new)
	1444	+	18 Sec. 22. Open meetings; record disclosure.
	1445	+	19 (a) The Authority is subject to the Open Meetings Act and
	1446	+	20 the Freedom of Information Act. Documents subject to the
	1447	+	21 Freedom of Information Act include, but are not limited to,
	1448	+	22 expenses, payroll, origination bonuses, and other financial
	1449	+	23 details of the Authority.
	1450	+	24 (b) A contract or agreement entered into by the Authority
	1451	+	25 must be posted on the Authority's website. The Authority shall
	1452	+
	1453	+
	1454	+
	1455	+
	1456	+
	1457	+	HB1131 Enrolled - 41 - LRB103 05007 AWJ 50020 b
	1458	+
	1459	+
	1460	+	HB1131 Enrolled- 42 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 42 - LRB103 05007 AWJ 50020 b
	1461	+	HB1131 Enrolled - 42 - LRB103 05007 AWJ 50020 b
	1462	+	1 provide a detailed report of the Authority's financial
	1463	+	2 information on the Authority's website, including, but not
	1464	+	3 limited to, a statement of profits and losses, balance sheet,
	1465	+	4 and income statement of the Authority.
	1466	+	5 (70 ILCS 504/70)
	1467	+	6 Sec. 70. Reports; commitment notice. The Authority shall
	1468	+	7 annually submit a report of its finances to the Auditor
	1469	+	8 General. The Authority shall annually submit a report of its
	1470	+	9 activities to the Governor and to the General Assembly.
	1471	+	10 The Authority shall provide notice to the General
	1472	+	11 Assembly, the Department of Commerce and Economic Opportunity,
	1473	+	12 and the Governor once the Authority enters into a commitment
	1474	+	13 to support the financing of a project. The notice to the
	1475	+	14 General Assembly shall be filed with the Clerk of the House of
	1476	+	15 Representatives and the Secretary of the Senate, in electronic
	1477	+	16 form only, in the manner that the Clerk and the Secretary shall
	1478	+	17 direct.
	1479	+	18 (Source: P.A. 94-995, eff. 7-3-06.)
	1480	+	19 Section 20. The Eastern Illinois Economic Development
	1481	+	20 Authority Act is amended by changing Sections 10, 15, and 70
	1482	+	21 and by adding Sections 21 and 22 as follows:
	1483	+	22 (70 ILCS 506/10)
	1484	+	23 Sec. 10. Definitions. In this Act:
	1485	+
	1486	+
	1487	+
	1488	+
	1489	+
	1490	+	HB1131 Enrolled - 42 - LRB103 05007 AWJ 50020 b
	1491	+
	1492	+
	1493	+	HB1131 Enrolled- 43 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 43 - LRB103 05007 AWJ 50020 b
	1494	+	HB1131 Enrolled - 43 - LRB103 05007 AWJ 50020 b
	1495	+	1 "Authority" means the Eastern Illinois Economic
	1496	+	2 Development Authority.
	1497	+	3 "Authority leader" means the Executive Director, Assistant
	1498	+	4 Executive Director, or any other person serving in a
	1499	+	5 management, administrative, or leadership role at the
	1500	+	6 Authority.
	1501	+	7 "Governmental agency" means any federal, State, or local
	1502	+	8 governmental body and any agency or instrumentality thereof,
	1503	+	9 corporate or otherwise.
	1504	+	10 "Person" means any natural person, firm, partnership,
	1505	+	11 corporation, both domestic and foreign, company, association
	1506	+	12 or joint stock association and includes any trustee, receiver,
	1507	+	13 assignee or personal representative thereof.
	1508	+	14 "Restricted person" means a person who has a familial or
	1509	+	15 business relationship with an Authority leader.
	1510	+	16 "Revenue bond" means any bond issued by the Authority, the
	1511	+	17 principal and interest of which is payable solely from
	1512	+	18 revenues or income derived from any project or activity of the
	1513	+	19 Authority.
	1514	+	20 "Board" means the Board of Directors of the Eastern
	1515	+	21 Illinois Economic Development Authority.
	1516	+	22 "Governor" means the Governor of the State of Illinois.
	1517	+	23 "City" means any city, village, incorporated town, or
	1518	+	24 township within the geographical territory of the Authority.
	1519	+	25 "Industrial project" means the following:
	1520	+	26 (1) a capital project, including one or more buildings
	1521	+
	1522	+
	1523	+
	1524	+
	1525	+
	1526	+	HB1131 Enrolled - 43 - LRB103 05007 AWJ 50020 b
	1527	+
	1528	+
	1529	+	HB1131 Enrolled- 44 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 44 - LRB103 05007 AWJ 50020 b
	1530	+	HB1131 Enrolled - 44 - LRB103 05007 AWJ 50020 b
	1531	+	1 and other structures, improvements, machinery and
	1532	+	2 equipment whether or not on the same site or sites now
	1533	+	3 existing or hereafter acquired, suitable for use by any
	1534	+	4 manufacturing, industrial, research, transportation or
	1535	+	5 commercial enterprise including but not limited to use as
	1536	+	6 a factory, mill, processing plant, assembly plant,
	1537	+	7 packaging plant, fabricating plant, ethanol plant, office
	1538	+	8 building, industrial distribution center, warehouse,
	1539	+	9 repair, overhaul or service facility, freight terminal,
	1540	+	10 research facility, test facility, railroad facility, port
	1541	+	11 facility, solid waste and wastewater treatment and
	1542	+	12 disposal sites and other pollution control facilities,
	1543	+	13 resource or waste reduction, recovery, treatment and
	1544	+	14 disposal facilities, and including also the sites thereof
	1545	+	15 and other rights in land therefore whether improved or
	1546	+	16 unimproved, site preparation and landscaping and all
	1547	+	17 appurtenances and facilities incidental thereto such as
	1548	+	18 utilities, access roads, railroad sidings, truck docking
	1549	+	19 and similar facilities, parking facilities, dockage,
	1550	+	20 wharfage, railroad roadbed, track, trestle, depot,
	1551	+	21 terminal, switching and signaling equipment or related
	1552	+	22 equipment and other improvements necessary or convenient
	1553	+	23 thereto; or
	1554	+	24 (2) any land, buildings, machinery or equipment
	1555	+	25 comprising an addition to or renovation, rehabilitation or
	1556	+	26 improvement of any existing capital project.
	1557	+
	1558	+
	1559	+
	1560	+
	1561	+
	1562	+	HB1131 Enrolled - 44 - LRB103 05007 AWJ 50020 b
	1563	+
	1564	+
	1565	+	HB1131 Enrolled- 45 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 45 - LRB103 05007 AWJ 50020 b
	1566	+	HB1131 Enrolled - 45 - LRB103 05007 AWJ 50020 b
	1567	+	1 "Housing project" or "residential project" includes a
	1568	+	2 specific work or improvement undertaken to provide dwelling
	1569	+	3 accommodations, including the acquisition, construction, or
	1570	+	4 rehabilitation of lands, buildings, and community facilities,
	1571	+	5 and to provide non-housing facilities which are an integral
	1572	+	6 part of a planned large-scale project or new community.
	1573	+	7 "Commercial project" means any project, including, but not
	1574	+	8 limited to, one or more buildings and other structures,
	1575	+	9 improvements, machinery, and equipment, whether or not on the
	1576	+	10 same site or sites now existing or hereafter acquired,
	1577	+	11 suitable for use by any retail or wholesale concern,
	1578	+	12 distributorship, or agency.
	1579	+	13 "Project" means an industrial, housing, residential,
	1580	+	14 commercial, or service project, or any combination thereof,
	1581	+	15 provided that all uses fall within one of the categories
	1582	+	16 described above. Any project automatically includes all site
	1583	+	17 improvements and new construction involving sidewalks, sewers,
	1584	+	18 solid waste and wastewater treatment and disposal sites and
	1585	+	19 other pollution control facilities, resource or waste
	1586	+	20 reduction, recovery, treatment and disposal facilities, parks,
	1587	+	21 open spaces, wildlife sanctuaries, streets, highways, and
	1588	+	22 runways.
	1589	+	23 "Lease agreement" means an agreement in which a project
	1590	+	24 acquired by the Authority by purchase, gift, or lease is
	1591	+	25 leased to any person or corporation that will use, or cause the
	1592	+	26 project to be used, as a project, upon terms providing for
	1593	+
	1594	+
	1595	+
	1596	+
	1597	+
	1598	+	HB1131 Enrolled - 45 - LRB103 05007 AWJ 50020 b
	1599	+
	1600	+
	1601	+	HB1131 Enrolled- 46 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 46 - LRB103 05007 AWJ 50020 b
	1602	+	HB1131 Enrolled - 46 - LRB103 05007 AWJ 50020 b
	1603	+	1 lease rental payments at least sufficient to pay, when due,
	1604	+	2 all principal of and interest and premium, if any, on any
	1605	+	3 bonds, notes, or other evidences of indebtedness of the
	1606	+	4 Authority, issued with respect to the project, providing for
	1607	+	5 the maintenance, insurance, and operation of the project on
	1608	+	6 terms satisfactory to the Authority and providing for
	1609	+	7 disposition of the project upon termination of the lease term,
	1610	+	8 including purchase options or abandonment of the premises,
	1611	+	9 with other terms as may be deemed desirable by the Authority.
	1612	+	10 "Loan agreement" means any agreement in which the
	1613	+	11 Authority agrees to loan the proceeds of its bonds, notes, or
	1614	+	12 other evidences of indebtedness, issued with respect to a
	1615	+	13 project, to any person or corporation which will use or cause
	1616	+	14 the project to be used as a project, upon terms providing for
	1617	+	15 loan repayment installments at least sufficient to pay, when
	1618	+	16 due, all principal of and interest and premium, if any, on any
	1619	+	17 bonds, notes, or other evidences of indebtedness of the
	1620	+	18 Authority issued with respect to the project, providing for
	1621	+	19 maintenance, insurance, and operation of the project on terms
	1622	+	20 satisfactory to the Authority and providing for other terms
	1623	+	21 deemed advisable by the Authority.
	1624	+	22 "Financial aid" means the expenditure of Authority funds
	1625	+	23 or funds provided by the Authority for the development,
	1626	+	24 construction, acquisition or improvement of a project, through
	1627	+	25 the issuance of revenue bonds, notes, or other evidences of
	1628	+	26 indebtedness.
	1629	+
	1630	+
	1631	+
	1632	+
	1633	+
	1634	+	HB1131 Enrolled - 46 - LRB103 05007 AWJ 50020 b
	1635	+
	1636	+
	1637	+	HB1131 Enrolled- 47 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 47 - LRB103 05007 AWJ 50020 b
	1638	+	HB1131 Enrolled - 47 - LRB103 05007 AWJ 50020 b
	1639	+	1 "Costs incurred in connection with the development,
	1640	+	2 construction, acquisition or improvement of a project" means
	1641	+	3 the following:
	1642	+	4 (1) the cost of purchase and construction of all lands
	1643	+	5 and improvements in connection therewith and equipment and
	1644	+	6 other property, rights, easements, and franchises acquired
	1645	+	7 which are deemed necessary for the construction;
	1646	+	8 (2) financing charges;
	1647	+	9 (3) interest costs with respect to bonds, notes, and
	1648	+	10 other evidences of indebtedness of the Authority prior to
	1649	+	11 and during construction and for a period of 6 months
	1650	+	12 thereafter;
	1651	+	13 (4) engineering and legal expenses; and
	1652	+	14 (5) the costs of plans, specifications, surveys, and
	1653	+	15 estimates of costs and other expenses necessary or
	1654	+	16 incident to determining the feasibility or practicability
	1655	+	17 of any project, together with such other expenses as may
	1656	+	18 be necessary or incident to the financing, insuring,
	1657	+	19 acquisition, and construction of a specific project and
	1658	+	20 the placing of the same in operation.
	1659	+	21 (Source: P.A. 98-750, eff. 1-1-15.)
	1660	+	22 (70 ILCS 506/15)
	1661	+	23 Sec. 15. Creation.
	1662	+	24 (a) There is created a political subdivision, body
	1663	+	25 politic, and municipal corporation named the Eastern Illinois
	1664	+
	1665	+
	1666	+
	1667	+
	1668	+
	1669	+	HB1131 Enrolled - 47 - LRB103 05007 AWJ 50020 b
	1670	+
	1671	+
	1672	+	HB1131 Enrolled- 48 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 48 - LRB103 05007 AWJ 50020 b
	1673	+	HB1131 Enrolled - 48 - LRB103 05007 AWJ 50020 b
	1674	+	1 Economic Development Authority. The territorial jurisdiction
	1675	+	2 of the Authority is that geographic area within the boundaries
	1676	+	3 of the following counties: Ford, Iroquois, Piatt, Champaign,
	1677	+	4 Vermilion, Douglas, Moultrie, Shelby, Coles, and Edgar and any
	1678	+	5 navigable waters and air space located therein.
	1679	+	6 (b) The governing and administrative powers of the
	1680	+	7 Authority shall be vested in a body consisting of 14 members as
	1681	+	8 follows:
	1682	+	9 (1) Ex officio members. The Director of Commerce and
	1683	+	10 Economic Opportunity, or a designee of that Department,
	1684	+	11 shall serve as an ex officio member.
	1685	+	12 (2) Public members. Three members shall be appointed
	1686	+	13 by the Governor with the advice and consent of the Senate.
	1687	+	14 The county board chairperson of the following counties
	1688	+	15 shall each appoint one member: Ford, Iroquois, Piatt,
	1689	+	16 Champaign, Vermilion, Douglas, Moultrie, Shelby, Coles,
	1690	+	17 and Edgar. All public members shall reside within the
	1691	+	18 territorial jurisdiction of the Authority. The public
	1692	+	19 members shall be persons of recognized ability and
	1693	+	20 experience in one or more of the following areas: economic
	1694	+	21 development, finance, banking, industrial development,
	1695	+	22 state or local government, commercial agriculture, small
	1696	+	23 business management, real estate development, community
	1697	+	24 development, venture finance, organized labor, or civic or
	1698	+	25 community organization.
	1699	+	26 (c) A majority of the members appointed under item (2) of
	1700	+
	1701	+
	1702	+
	1703	+
	1704	+
	1705	+	HB1131 Enrolled - 48 - LRB103 05007 AWJ 50020 b
	1706	+
	1707	+
	1708	+	HB1131 Enrolled- 49 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 49 - LRB103 05007 AWJ 50020 b
	1709	+	HB1131 Enrolled - 49 - LRB103 05007 AWJ 50020 b
	1710	+	1 subsection (b) of this Section shall constitute a quorum, and
	1711	+	2 the Board may not meet or take any action without a quorum
	1712	+	3 present.
	1713	+	4 (d) The chairperson of the Authority shall be elected
	1714	+	5 annually by the Board and must be a public member that resides
	1715	+	6 within the territorial jurisdiction of the Authority.
	1716	+	7 (e) The terms of all initial members of the Authority
	1717	+	8 shall begin 30 days after the effective date of this Act. Of
	1718	+	9 the 3 original public members appointed by the Governor, 1
	1719	+	10 shall serve until the third Monday in January, 2006; 1 shall
	1720	+	11 serve until the third Monday in January, 2007; 1 shall serve
	1721	+	12 until the third Monday in January, 2008. The initial terms of
	1722	+	13 the original public members appointed by the county board
	1723	+	14 chairpersons shall be determined by lot, according to the
	1724	+	15 following schedule: (i) 2 shall serve until the third Monday
	1725	+	16 in January, 2006, (ii) 2 shall serve until the third Monday in
	1726	+	17 January, 2007, (iii) 2 shall serve until the third Monday in
	1727	+	18 January, 2008, (iv) 2 shall serve until the third Monday in
	1728	+	19 January, 2009, and (v) 2 shall serve until the third Monday in
	1729	+	20 January, 2010. All successors to these original public members
	1730	+	21 shall be appointed by the original appointing authority and
	1731	+	22 all appointments made by the Governor shall be made with the
	1732	+	23 advice and consent of the Senate, pursuant to subsection (b),
	1733	+	24 and shall hold office for a term of 6 years commencing the
	1734	+	25 third Monday in January of the year in which their term
	1735	+	26 commences, except in the case of an appointment to fill a
	1736	+
	1737	+
	1738	+
	1739	+
	1740	+
	1741	+	HB1131 Enrolled - 49 - LRB103 05007 AWJ 50020 b
	1742	+
	1743	+
	1744	+	HB1131 Enrolled- 50 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 50 - LRB103 05007 AWJ 50020 b
	1745	+	HB1131 Enrolled - 50 - LRB103 05007 AWJ 50020 b
	1746	+	1 vacancy. Vacancies occurring among the public members shall be
	1747	+	2 filled for the remainder of the term. In case of vacancy in a
	1748	+	3 Governor-appointed membership when the Senate is not in
	1749	+	4 session, the Governor may make a temporary appointment until
	1750	+	5 the next meeting of the Senate when a person shall be nominated
	1751	+	6 to fill the office and, upon confirmation by the Senate, he or
	1752	+	7 she shall hold office during the remainder of the term and
	1753	+	8 until a successor is appointed and qualified. Members of the
	1754	+	9 Authority are not entitled to compensation for their services
	1755	+	10 as members but are entitled to reimbursement for all necessary
	1756	+	11 expenses incurred in connection with the performance of their
	1757	+	12 duties as members.
	1758	+	13 (f) The Governor or a county board chairperson, as the
	1759	+	14 case may be, may remove any public member of the Authority in
	1760	+	15 case of incompetence, neglect of duty, or malfeasance in
	1761	+	16 office. The chairperson of a county board may remove any
	1762	+	17 public member appointed by that chairperson in the case of
	1763	+	18 incompetence, neglect of duty, or malfeasance in office.
	1764	+	19 (g) The Board shall appoint an Executive Director who
	1765	+	20 shall have a background in finance, including familiarity with
	1766	+	21 the legal and procedural requirements of issuing bonds, real
	1767	+	22 estate, or economic development and administration. The
	1768	+	23 Executive Director shall hold office at the discretion of the
	1769	+	24 Board. The Executive Director shall be the chief
	1770	+	25 administrative and operational officer of the Authority, shall
	1771	+	26 direct and supervise its administrative affairs and general
	1772	+
	1773	+
	1774	+
	1775	+
	1776	+
	1777	+	HB1131 Enrolled - 50 - LRB103 05007 AWJ 50020 b
	1778	+
	1779	+
	1780	+	HB1131 Enrolled- 51 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 51 - LRB103 05007 AWJ 50020 b
	1781	+	HB1131 Enrolled - 51 - LRB103 05007 AWJ 50020 b
	1782	+	1 management, perform such other duties as may be prescribed
	1783	+	2 from time to time by the members, and receive compensation
	1784	+	3 fixed by the Authority. The Department of Commerce and
	1785	+	4 Economic Opportunity shall pay the compensation of the
	1786	+	5 Executive Director from appropriations received for that
	1787	+	6 purpose. The Executive Director shall attend all meetings of
	1788	+	7 the Authority. However, no action of the Authority shall be
	1789	+	8 invalid on account of the absence of the Executive Director
	1790	+	9 from a meeting. The Authority may engage the services of the
	1791	+	10 Illinois Finance Authority, attorneys, appraisers, engineers,
	1792	+	11 accountants, credit analysts, and other consultants if the
	1793	+	12 Eastern Illinois Economic Development Authority deems it
	1794	+	13 advisable.
	1795	+	14 (Source: P.A. 94-203, eff. 7-13-05; 95-854, eff. 8-18-08.)
	1796	+	15 (70 ILCS 506/21 new)
	1797	+	16 Sec. 21. Requests for assistance; disclosure of economic
	1798	+	17 interests.
	1799	+	18 (a) The Authority may not hear a request for assistance
	1800	+	19 from a restricted person. This prohibition extends to business
	1801	+	20 relationships between a person who is an Authority leader
	1802	+	21 within one year prior to the request for assistance and to any
	1803	+	22 entity in which a restricted person holds or, within the past 2
	1804	+	23 years, held an ownership interest of 10% or more.
	1805	+	24 (b) An Authority leader shall disclose and recuse himself
	1806	+	25 or herself from matters relating to requests for assistance
	1807	+
	1808	+
	1809	+
	1810	+
	1811	+
	1812	+	HB1131 Enrolled - 51 - LRB103 05007 AWJ 50020 b
	1813	+
	1814	+
	1815	+	HB1131 Enrolled- 52 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 52 - LRB103 05007 AWJ 50020 b
	1816	+	HB1131 Enrolled - 52 - LRB103 05007 AWJ 50020 b
	1817	+	1 from an entity that is relocating full-time employees from
	1818	+	2 another Authority's counties if (i) both Authorities contract
	1819	+	3 with or employ the same Authority leader or (ii) there is or,
	1820	+	4 within the past 2 years of the request, there was a business
	1821	+	5 relationship between the Authority leaders at the 2
	1822	+	6 Authorities.
	1823	+	7 (c) The Board of the Authority shall vote to renew the
	1824	+	8 appointment of the Executive Director and other Authority
	1825	+	9 leaders on an annual basis. All contracts shall be approved on
	1826	+	10 an annual basis and use a public process to solicit
	1827	+	11 applications. This requirement does not apply to full-time
	1828	+	12 employees of the Authority unless otherwise required by
	1829	+	13 applicable State law or local ordinance.
	1830	+	14 (d) Each Authority leader shall submit a statement of
	1831	+	15 economic interest in accordance with Article 4A of the
	1832	+	16 Illinois Governmental Ethics Act. Additionally, each Authority
	1833	+	17 leader shall disclose to the Board outside sources of income
	1834	+	18 and any business relationships in economic development
	1835	+	19 consulting or lobbying. Reporting shall include the source of
	1836	+	20 income, services provided, and timeline of when services were
	1837	+	21 provided. If the source of income is a firm or organization
	1838	+	22 with multiple clients, the report shall list all of the
	1839	+	23 entities for which the individual provided services.
	1840	+	24 (70 ILCS 506/22 new)
	1841	+	25 Sec. 22. Open meetings; record disclosure.
	1842	+
	1843	+
	1844	+
	1845	+
	1846	+
	1847	+	HB1131 Enrolled - 52 - LRB103 05007 AWJ 50020 b
	1848	+
	1849	+
	1850	+	HB1131 Enrolled- 53 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 53 - LRB103 05007 AWJ 50020 b
	1851	+	HB1131 Enrolled - 53 - LRB103 05007 AWJ 50020 b
	1852	+	1 (a) The Authority is subject to the Open Meetings Act and
	1853	+	2 the Freedom of Information Act. Documents subject to the
	1854	+	3 Freedom of Information Act include, but are not limited to,
	1855	+	4 expenses, payroll, origination bonuses, and other financial
	1856	+	5 details of the Authority.
	1857	+	6 (b) A contract or agreement entered into by the Authority
	1858	+	7 must be posted on the Authority's website. The Authority shall
	1859	+	8 provide a detailed report of the Authority's financial
	1860	+	9 information on the Authority's website, including, but not
	1861	+	10 limited to, a statement of profits and losses, balance sheet,
	1862	+	11 and income statement of the Authority.
	1863	+	12 (70 ILCS 506/70)
	1864	+	13 Sec. 70. Reports; commitment notice. The Authority shall
	1865	+	14 annually submit a report of its finances to the Auditor
	1866	+	15 General. The Authority shall annually submit a report of its
	1867	+	16 activities to the Governor and to the General Assembly.
	1868	+	17 The Authority shall provide notice to the General
	1869	+	18 Assembly, the Department of Commerce and Economic Opportunity,
	1870	+	19 and the Governor once the Authority enters into a commitment
	1871	+	20 to support the financing of a project. The notice to the
	1872	+	21 General Assembly shall be filed with the Clerk of the House of
	1873	+	22 Representatives and the Secretary of the Senate, in electronic
	1874	+	23 form only, in the manner that the Clerk and the Secretary shall
	1875	+	24 direct.
	1876	+	25 (Source: P.A. 94-203, eff. 7-13-05.)
	1877	+
	1878	+
	1879	+
	1880	+
	1881	+
	1882	+	HB1131 Enrolled - 53 - LRB103 05007 AWJ 50020 b
	1883	+
	1884	+
	1885	+	HB1131 Enrolled- 54 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 54 - LRB103 05007 AWJ 50020 b
	1886	+	HB1131 Enrolled - 54 - LRB103 05007 AWJ 50020 b
	1887	+	1 Section 25. The Joliet Arsenal Development Authority Act
	1888	+	2 is amended by changing Section 50 and by adding Sections
	1889	+	3 10.75, 10.80, 20, 21, and 22 as follows:
	1890	+	4 (70 ILCS 508/10.75 new)
	1891	+	5 Sec. 10.75. Authority leader. "Authority leader" means the
	1892	+	6 Executive Director, Assistant Executive Director, or any other
	1893	+	7 person serving in a management, administrative, or leadership
	1894	+	8 role at the Authority.
	1895	+	9 (70 ILCS 508/10.80 new)
	1896	+	10 Sec. 10.80. Restricted person. "Restricted person" means a
	1897	+	11 person who has a familial or business relationship with an
	1898	+	12 Authority leader.
	1899	+	13 (70 ILCS 508/20)
	1900	+	14 Sec. 20. Actions of the Authority. All official acts of
	1901	+	15 the Authority shall require the affirmative vote of at least 6
	1902	+	16 members of the Board at a meeting of the Board at which the
	1903	+	17 members casting those affirmative votes are present. It is the
	1904	+	18 duty of the Authority to promote development within its
	1905	+	19 territorial jurisdiction. The Authority shall use the powers
	1906	+	20 conferred on it by this Act to assist in the development,
	1907	+	21 construction, and acquisition of industrial or commercial
	1908	+	22 projects within its territorial jurisdiction.
	1909	+
	1910	+
	1911	+
	1912	+
	1913	+
	1914	+	HB1131 Enrolled - 54 - LRB103 05007 AWJ 50020 b
	1915	+
	1916	+
	1917	+	HB1131 Enrolled- 55 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 55 - LRB103 05007 AWJ 50020 b
	1918	+	HB1131 Enrolled - 55 - LRB103 05007 AWJ 50020 b
	1919	+	1 6 members shall constitute a quorum, and the Board may not
	1920	+	2 meet or take any action without a quorum present.
	1921	+	3 (Source: P.A. 89-333, eff. 8-17-95.)
	1922	+	4 (70 ILCS 508/21 new)
	1923	+	5 Sec. 21. Requests for assistance; disclosure of economic
	1924	+	6 interests.
	1925	+	7 (a) The Authority may not hear a request for assistance
	1926	+	8 from a restricted person. This prohibition extends to business
	1927	+	9 relationships between a person who is an Authority leader
	1928	+	10 within one year prior to the request for assistance and to any
	1929	+	11 entity in which a restricted person holds or, within the past 2
	1930	+	12 years, held an ownership interest of 10% or more.
	1931	+	13 (b) An Authority leader shall disclose and recuse himself
	1932	+	14 or herself from matters relating to requests for assistance
	1933	+	15 from an entity that is relocating full-time employees from
	1934	+	16 another Authority's counties if (i) both Authorities contract
	1935	+	17 with or employ the same Authority leader or (ii) there is or,
	1936	+	18 within the past 2 years of the request, there was a business
	1937	+	19 relationship between the Authority leaders at the 2
	1938	+	20 Authorities.
	1939	+	21 (c) The Board of the Authority shall vote to renew the
	1940	+	22 appointment of the Executive Director and other Authority
	1941	+	23 leaders on an annual basis. All contracts shall be approved on
	1942	+	24 an annual basis and use a public process to solicit
	1943	+	25 applications. This requirement does not apply to full-time
	1944	+
	1945	+
	1946	+
	1947	+
	1948	+
	1949	+	HB1131 Enrolled - 55 - LRB103 05007 AWJ 50020 b
	1950	+
	1951	+
	1952	+	HB1131 Enrolled- 56 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 56 - LRB103 05007 AWJ 50020 b
	1953	+	HB1131 Enrolled - 56 - LRB103 05007 AWJ 50020 b
	1954	+	1 employees of the Authority unless otherwise required by
	1955	+	2 applicable State law or local ordinance.
	1956	+	3 (d) Each Authority leader shall submit a statement of
	1957	+	4 economic interest in accordance with Article 4A of the
	1958	+	5 Illinois Governmental Ethics Act. Additionally, each Authority
	1959	+	6 leader shall disclose to the Board outside sources of income
	1960	+	7 and any business relationships in economic development
	1961	+	8 consulting or lobbying. Reporting shall include the source of
	1962	+	9 income, services provided, and timeline of when services were
	1963	+	10 provided. If the source of income is a firm or organization
	1964	+	11 with multiple clients, the report shall list all of the
	1965	+	12 entities for which the individual provided services.
	1966	+	13 (70 ILCS 508/22 new)
	1967	+	14 Sec. 22. Open meetings; record disclosure.
	1968	+	15 (a) The Authority is subject to the Open Meetings Act and
	1969	+	16 the Freedom of Information Act. Documents subject to the
	1970	+	17 Freedom of Information Act include, but are not limited to,
	1971	+	18 expenses, payroll, origination bonuses, and other financial
	1972	+	19 details of the Authority.
	1973	+	20 (b) A contract or agreement entered into by the Authority
	1974	+	21 must be posted on the Authority's website. The Authority shall
	1975	+	22 provide a detailed report of the Authority's financial
	1976	+	23 information on the Authority's website, including, but not
	1977	+	24 limited to, a statement of profits and losses, balance sheet,
	1978	+	25 and income statement of the Authority.
	1979	+
	1980	+
	1981	+
	1982	+
	1983	+
	1984	+	HB1131 Enrolled - 56 - LRB103 05007 AWJ 50020 b
	1985	+
	1986	+
	1987	+	HB1131 Enrolled- 57 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 57 - LRB103 05007 AWJ 50020 b
	1988	+	HB1131 Enrolled - 57 - LRB103 05007 AWJ 50020 b
	1989	+	1 (70 ILCS 508/50)
	1990	+	2 Sec. 50. Reports; commitment notice. The Authority shall
	1991	+	3 annually submit a report of its finances to the Auditor
	1992	+	4 General. The Authority shall annually submit a report of its
	1993	+	5 activities to the Governor and General Assembly.
	1994	+	6 The Authority shall provide notice to the General
	1995	+	7 Assembly, the Department of Commerce and Economic Opportunity,
	1996	+	8 and the Governor once the Authority enters into a commitment
	1997	+	9 to support the financing of a project. The notice to the
	1998	+	10 General Assembly shall be filed with the Clerk of the House of
	1999	+	11 Representatives and the Secretary of the Senate, in electronic
	2000	+	12 form only, in the manner that the Clerk and the Secretary shall
	2001	+	13 direct.
	2002	+	14 (Source: P.A. 89-333, eff. 8-17-95.)
	2003	+	15 Section 30. The Quad Cities Regional Economic Development
	2004	+	16 Authority Act, approved September 22, 1987 is amended by
	2005	+	17 changing Sections 3, 4, 5, 6, and 14 as follows:
	2006	+	18 (70 ILCS 510/3) (from Ch. 85, par. 6203)
	2007	+	19 Sec. 3. The following terms, whenever used or referred to
	2008	+	20 in this Act, shall have the following meanings, except in such
	2009	+	21 instances where the context may clearly indicate otherwise:
	2010	+	22 (a) "Authority" means the Quad Cities Regional Economic
	2011	+	23 Development Authority created by this Act.
	2012	+
	2013	+
	2014	+
	2015	+
	2016	+
	2017	+	HB1131 Enrolled - 57 - LRB103 05007 AWJ 50020 b
	2018	+
	2019	+
	2020	+	HB1131 Enrolled- 58 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 58 - LRB103 05007 AWJ 50020 b
	2021	+	HB1131 Enrolled - 58 - LRB103 05007 AWJ 50020 b
	2022	+	1 (a-5) "Authority leader" means the Executive Director,
	2023	+	2 Assistant Executive Director, or any other person serving in a
	2024	+	3 management, administrative, or leadership role at the
	2025	+	4 Authority.
	2026	+	5 (b) "Governmental agency" means any federal, State or
	2027	+	6 local governmental body, and any agency or instrumentality
	2028	+	7 thereof, corporate or otherwise.
	2029	+	8 (c) "Person" means any natural person, firm, partnership,
	2030	+	9 corporation, both domestic and foreign, company, association
	2031	+	10 or joint stock association and includes any trustee, receiver,
	2032	+	11 assignee or personal representative thereof.
	2033	+	12 (c-5) "Restricted person" means a person who has a
	2034	+	13 familial or business relationship with an Authority leader.
	2035	+	14 (d) "Revenue bond" means any bond issued by the Authority
	2036	+	15 the principal and interest of which is payable solely from
	2037	+	16 revenues or income derived from any project or activity of the
	2038	+	17 Authority.
	2039	+	18 (e) "Board" means the Quad Cities Regional Economic
	2040	+	19 Development Authority Board of Directors.
	2041	+	20 (f) "Governor" means the Governor of the State of
	2042	+	21 Illinois.
	2043	+	22 (g) "City" means any city, village, incorporated town or
	2044	+	23 township within the geographical territory of the Authority.
	2045	+	24 (h) "Industrial project" means (1) a capital project,
	2046	+	25 including one or more buildings and other structures,
	2047	+	26 improvements, machinery and equipment whether or not on the
	2048	+
	2049	+
	2050	+
	2051	+
	2052	+
	2053	+	HB1131 Enrolled - 58 - LRB103 05007 AWJ 50020 b
	2054	+
	2055	+
	2056	+	HB1131 Enrolled- 59 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 59 - LRB103 05007 AWJ 50020 b
	2057	+	HB1131 Enrolled - 59 - LRB103 05007 AWJ 50020 b
	2058	+	1 same site or sites now existing or hereafter acquired,
	2059	+	2 suitable for use by any manufacturing, industrial, research,
	2060	+	3 transportation or commercial enterprise including but not
	2061	+	4 limited to use as a factory, mill, processing plant, assembly
	2062	+	5 plant, packaging plant, fabricating plant, office building,
	2063	+	6 industrial distribution center, warehouse, repair, overhaul or
	2064	+	7 service facility, freight terminal, research facility, test
	2065	+	8 facility, railroad facility, solid waste and wastewater
	2066	+	9 treatment and disposal sites and other pollution control
	2067	+	10 facilities, resource or waste reduction, recovery, treatment
	2068	+	11 and disposal facilities, and including also the sites thereof
	2069	+	12 and other rights in land therefor whether improved or
	2070	+	13 unimproved, site preparation and landscaping and all
	2071	+	14 appurtenances and facilities incidental thereto such as
	2072	+	15 utilities, access roads, railroad sidings, truck docking and
	2073	+	16 similar facilities, parking facilities, dockage, wharfage,
	2074	+	17 railroad roadbed, track, trestle, depot, terminal, switching
	2075	+	18 and signaling equipment or related equipment and other
	2076	+	19 improvements necessary or convenient thereto; or (2) any land,
	2077	+	20 buildings, machinery or equipment comprising an addition to or
	2078	+	21 renovation, rehabilitation or improvement of any existing
	2079	+	22 capital project.
	2080	+	23 (i) "Housing project" or "residential project" includes a
	2081	+	24 specific work or improvement undertaken to provide dwelling
	2082	+	25 accommodations, including the acquisition, construction or
	2083	+	26 rehabilitation of lands, buildings and community facilities
	2084	+
	2085	+
	2086	+
	2087	+
	2088	+
	2089	+	HB1131 Enrolled - 59 - LRB103 05007 AWJ 50020 b
	2090	+
	2091	+
	2092	+	HB1131 Enrolled- 60 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 60 - LRB103 05007 AWJ 50020 b
	2093	+	HB1131 Enrolled - 60 - LRB103 05007 AWJ 50020 b
	2094	+	1 and in connection therewith to provide nonhousing facilities
	2095	+	2 which are an integral part of a planned large-scale project or
	2096	+	3 new community.
	2097	+	4 (j) "Commercial project" means any project, including but
	2098	+	5 not limited to one or more buildings and other structures,
	2099	+	6 improvements, machinery and equipment whether or not on the
	2100	+	7 same site or sites now existing or hereafter acquired,
	2101	+	8 suitable for use by any retail or wholesale concern,
	2102	+	9 distributorship or agency, any cultural facilities of a
	2103	+	10 for-profit or not-for-profit type including but not limited to
	2104	+	11 educational, theatrical, recreational and entertainment,
	2105	+	12 sports facilities, racetracks, stadiums, convention centers,
	2106	+	13 exhibition halls, arenas, opera houses and theaters,
	2107	+	14 waterfront improvements, swimming pools, boat storage,
	2108	+	15 moorage, docking facilities, restaurants, velodromes,
	2109	+	16 coliseums, sports training facilities, parking facilities,
	2110	+	17 terminals, hotels and motels, gymnasiums, medical facilities
	2111	+	18 and port facilities.
	2112	+	19 (k) "Project" means an industrial, housing, residential,
	2113	+	20 commercial or service project or any combination thereof
	2114	+	21 provided that all uses shall fall within one of the categories
	2115	+	22 described above. Any project, of any nature whatsoever, shall
	2116	+	23 automatically include all site improvements and new
	2117	+	24 construction involving sidewalks, sewers, solid waste and
	2118	+	25 wastewater treatment and disposal sites and other pollution
	2119	+	26 control facilities, resource or waste reduction, recovery,
	2120	+
	2121	+
	2122	+
	2123	+
	2124	+
	2125	+	HB1131 Enrolled - 60 - LRB103 05007 AWJ 50020 b
	2126	+
	2127	+
	2128	+	HB1131 Enrolled- 61 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 61 - LRB103 05007 AWJ 50020 b
	2129	+	HB1131 Enrolled - 61 - LRB103 05007 AWJ 50020 b
	2130	+	1 treatment and disposal facilities, parks, open spaces,
	2131	+	2 wildlife sanctuaries, streets, highways and runways.
	2132	+	3 (l) "Lease agreement" shall mean an agreement whereby a
	2133	+	4 project acquired by the Authority by purchase, gift or lease
	2134	+	5 is leased to any person or corporation which will use or cause
	2135	+	6 the project to be used as a project as heretofore defined upon
	2136	+	7 terms providing for lease rental payments at least sufficient
	2137	+	8 to pay when due all principal of and interest and premium, if
	2138	+	9 any, on any bonds, notes or other evidences of indebtedness of
	2139	+	10 the Authority issued with respect to such project, providing
	2140	+	11 for the maintenance, insurance and operation of the project on
	2141	+	12 terms satisfactory to the Authority and providing for
	2142	+	13 disposition of the project upon termination of the lease term,
	2143	+	14 including purchase options or abandonment of the premises,
	2144	+	15 with such other terms as may be deemed desirable by the
	2145	+	16 Authority.
	2146	+	17 (m) "Loan agreement" means any agreement pursuant to which
	2147	+	18 the Authority agrees to loan the proceeds of its bonds, notes
	2148	+	19 or other evidences of indebtedness issued with respect to a
	2149	+	20 project to any person or corporation which will use or cause
	2150	+	21 the project to be used as a project as heretofore defined upon
	2151	+	22 terms providing for loan repayment installments at least
	2152	+	23 sufficient to pay when due all principal of and interest and
	2153	+	24 premium, if any, on any bonds, notes or other evidences of
	2154	+	25 indebtedness of the Authority issued with respect to the
	2155	+	26 project, providing for maintenance, insurance and operation of
	2156	+
	2157	+
	2158	+
	2159	+
	2160	+
	2161	+	HB1131 Enrolled - 61 - LRB103 05007 AWJ 50020 b
	2162	+
	2163	+
	2164	+	HB1131 Enrolled- 62 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 62 - LRB103 05007 AWJ 50020 b
	2165	+	HB1131 Enrolled - 62 - LRB103 05007 AWJ 50020 b
	2166	+	1 the project on terms satisfactory to the Authority and
	2167	+	2 providing for other matters as may be deemed advisable by the
	2168	+	3 Authority.
	2169	+	4 (n) "Financial aid" means the expenditure of Authority
	2170	+	5 funds or funds provided by the Authority through the issuance
	2171	+	6 of its revenue bonds, notes or other evidences of indebtedness
	2172	+	7 for the development, construction, acquisition or improvement
	2173	+	8 of a project.
	2174	+	9 (o) "Costs incurred in connection with the development,
	2175	+	10 construction, acquisition or improvement of a project" means
	2176	+	11 the following: the cost of purchase and construction of all
	2177	+	12 lands and improvements in connection therewith and equipment
	2178	+	13 and other property, rights, easements and franchises acquired
	2179	+	14 which are deemed necessary for such construction; financing
	2180	+	15 charges; interest costs with respect to bonds, notes and other
	2181	+	16 evidences of indebtedness of the Authority prior to and during
	2182	+	17 construction and for a period of 6 months thereafter;
	2183	+	18 engineering and legal expenses; the costs of plans,
	2184	+	19 specifications, surveys and estimates of costs and other
	2185	+	20 expenses necessary or incident to determining the feasibility
	2186	+	21 or practicability of any project, together with such other
	2187	+	22 expenses as may be necessary or incident to the financing,
	2188	+	23 insuring, acquisition and construction of a specific project
	2189	+	24 and the placing of the same in operation.
	2190	+	25 (p) "Terminal" means a public place, station or depot for
	2191	+	26 receiving and delivering passengers, baggage, mail, freight or
	2192	+
	2193	+
	2194	+
	2195	+
	2196	+
	2197	+	HB1131 Enrolled - 62 - LRB103 05007 AWJ 50020 b
	2198	+
	2199	+
	2200	+	HB1131 Enrolled- 63 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 63 - LRB103 05007 AWJ 50020 b
	2201	+	HB1131 Enrolled - 63 - LRB103 05007 AWJ 50020 b
	2202	+	1 express matter and any combination thereof in connection with
	2203	+	2 the transportation of persons and property on water or land or
	2204	+	3 in the air.
	2205	+	4 (q) "Terminal facilities" means all land, buildings,
	2206	+	5 structures, improvements, equipment and appliances useful in
	2207	+	6 the operation of public warehouse, storage and transportation
	2208	+	7 facilities and industrial, manufacturing or commercial
	2209	+	8 activities for the accommodation of or in connection with
	2210	+	9 commerce by water or land or in the air or useful as an aid, or
	2211	+	10 constituting an advantage or convenience to, the safe landing,
	2212	+	11 taking off and navigation of aircraft or the safe and
	2213	+	12 efficient operation or maintenance of a public airport.
	2214	+	13 (r) "Port facilities" means all public structures, except
	2215	+	14 terminal facilities as defined herein, that are in, over,
	2216	+	15 under or adjacent to navigable waters and are necessary for or
	2217	+	16 incident to the furtherance of water commerce and includes the
	2218	+	17 widening and deepening of slips, harbors and navigable waters.
	2219	+	18 (s) "Airport" means any locality, either land or water,
	2220	+	19 which is used or designed for the landing and taking off of
	2221	+	20 aircraft or for the location of runways, landing fields,
	2222	+	21 aerodromes, hangars, buildings, structures, airport roadways
	2223	+	22 and other facilities.
	2224	+	23 (Source: P.A. 85-713.)
	2225	+	24 (70 ILCS 510/4) (from Ch. 85, par. 6204)
	2226	+	25 Sec. 4. (a) There is hereby created a political
	2227	+
	2228	+
	2229	+
	2230	+
	2231	+
	2232	+	HB1131 Enrolled - 63 - LRB103 05007 AWJ 50020 b
	2233	+
	2234	+
	2235	+	HB1131 Enrolled- 64 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 64 - LRB103 05007 AWJ 50020 b
	2236	+	HB1131 Enrolled - 64 - LRB103 05007 AWJ 50020 b
	2237	+	1 subdivision, body politic and municipal corporation named the
	2238	+	2 Quad Cities Regional Economic Development Authority. The
	2239	+	3 territorial jurisdiction of the Authority is that geographic
	2240	+	4 area within the boundaries of Jo Daviess, Carroll, Whiteside,
	2241	+	5 Stephenson, Lee, Rock Island, Henry, Knox, and Mercer,
	2242	+	6 Winnebago, and Boone counties in the State of Illinois and any
	2243	+	7 navigable waters and air space located therein.
	2244	+	8 (b) The governing and administrative powers of the
	2245	+	9 Authority shall be vested in a body consisting of 18 16 members
	2246	+	10 including, as an ex officio member, the Director of Commerce
	2247	+	11 and Economic Opportunity, or his or her designee. The other
	2248	+	12 members of the Authority shall be designated "public members",
	2249	+	13 6 of whom shall be appointed by the Governor with the advice
	2250	+	14 and consent of the Senate. Of the 6 members appointed by the
	2251	+	15 Governor, one shall be from a city within the Authority's
	2252	+	16 territory with a population of 25,000 or more and the
	2253	+	17 remainder shall be appointed at large. Of the 6 members
	2254	+	18 appointed by the Governor, 2 members shall have business or
	2255	+	19 finance experience. One member shall be appointed by each of
	2256	+	20 the county board chairmen of Rock Island, Henry, Knox, and
	2257	+	21 Mercer, Winnebago, and Boone Counties with the advice and
	2258	+	22 consent of the respective county board. Within 60 days after
	2259	+	23 the effective date of this amendatory Act of the 97th General
	2260	+	24 Assembly, one additional public member shall be appointed by
	2261	+	25 each of the county board chairpersons of Jo Daviess, Carroll,
	2262	+	26 Whiteside, Stephenson, and Lee counties with the advice and
	2263	+
	2264	+
	2265	+
	2266	+
	2267	+
	2268	+	HB1131 Enrolled - 64 - LRB103 05007 AWJ 50020 b
	2269	+
	2270	+
	2271	+	HB1131 Enrolled- 65 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 65 - LRB103 05007 AWJ 50020 b
	2272	+	HB1131 Enrolled - 65 - LRB103 05007 AWJ 50020 b
	2273	+	1 consent of the respective county board. Of the public members
	2274	+	2 added by this amendatory Act of the 97th General Assembly, one
	2275	+	3 shall serve for a one-year term, 2 shall serve for 2-year
	2276	+	4 terms, and 2 shall serve for 3-year terms, to be determined by
	2277	+	5 lot. Their successors shall serve for 3-year terms. Within 60
	2278	+	6 days after the effective date of this amendatory Act of the
	2279	+	7 103rd General Assembly, one additional public member shall be
	2280	+	8 appointed by each of the county board chairperson of Winnebago
	2281	+	9 and Boone counties with the advice and consent of the
	2282	+	10 respective county board. Of the public members added by this
	2283	+	11 amendatory Act of the 103rd General Assembly, one shall serve
	2284	+	12 for a 2-year term and one shall serve for a 3-year term, to be
	2285	+	13 determined by lot. Their successors shall serve for 3-year
	2286	+	14 terms. All public members shall reside within the territorial
	2287	+	15 jurisdiction of this Act. Ten Nine members shall constitute a
	2288	+	16 quorum, and the Board may not meet or take any action without a
	2289	+	17 quorum present. The public members shall be persons of
	2290	+	18 recognized ability and experience in one or more of the
	2291	+	19 following areas: economic development, finance, banking,
	2292	+	20 industrial development, small business management, real estate
	2293	+	21 development, community development, venture finance, organized
	2294	+	22 labor or civic, community or neighborhood organization. The
	2295	+	23 Chairman of the Authority shall be a public member elected by
	2296	+	24 the affirmative vote of not fewer than 10 6 members of the
	2297	+	25 Authority, except that any chairperson elected on or after the
	2298	+	26 effective date of this amendatory Act of the 97th General
	2299	+
	2300	+
	2301	+
	2302	+
	2303	+
	2304	+	HB1131 Enrolled - 65 - LRB103 05007 AWJ 50020 b
	2305	+
	2306	+
	2307	+	HB1131 Enrolled- 66 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 66 - LRB103 05007 AWJ 50020 b
	2308	+	HB1131 Enrolled - 66 - LRB103 05007 AWJ 50020 b
	2309	+	1 Assembly shall be elected by the affirmative vote of not fewer
	2310	+	2 than 9 members. The term of the Chairman shall be one year.
	2311	+	3 (c) The terms of the initial members of the Authority
	2312	+	4 shall begin 30 days after the effective date of this Act,
	2313	+	5 except (i) the terms of those members added by this amendatory
	2314	+	6 Act of 1989 shall begin 30 days after the effective date of
	2315	+	7 this amendatory Act of 1989 and (ii) the terms of those members
	2316	+	8 added by this amendatory Act of the 92nd General Assembly
	2317	+	9 shall begin 30 days after the effective date of this
	2318	+	10 amendatory Act of the 92nd General Assembly. Of the 10 public
	2319	+	11 members appointed pursuant to this Act, 2 (one of whom shall be
	2320	+	12 appointed by the Governor) shall serve until the third Monday
	2321	+	13 in January, 1989, 2 (one of whom shall be appointed by the
	2322	+	14 Governor) shall serve until the third Monday in January, 1990,
	2323	+	15 2 (one of whom shall be appointed by the Governor) shall serve
	2324	+	16 until the third Monday in January, 1991, 2 (both of whom shall
	2325	+	17 be appointed by the Governor) shall serve until the third
	2326	+	18 Monday in January, 1992, and 2 (one of whom shall be appointed
	2327	+	19 by the Governor and one of whom shall be appointed by the
	2328	+	20 county board chairman of Knox County) shall serve until the
	2329	+	21 third Monday in January, 2004. The initial terms of the
	2330	+	22 members appointed by the county board chairmen (other than the
	2331	+	23 county board chairman of Knox County) shall be determined by
	2332	+	24 lot. All successors shall be appointed by the original
	2333	+	25 appointing authority and hold office for a term of 3 years
	2334	+	26 commencing the third Monday in January of the year in which
	2335	+
	2336	+
	2337	+
	2338	+
	2339	+
	2340	+	HB1131 Enrolled - 66 - LRB103 05007 AWJ 50020 b
	2341	+
	2342	+
	2343	+	HB1131 Enrolled- 67 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 67 - LRB103 05007 AWJ 50020 b
	2344	+	HB1131 Enrolled - 67 - LRB103 05007 AWJ 50020 b
	2345	+	1 their term commences, except in case of an appointment to fill
	2346	+	2 a vacancy. Vacancies occurring among the public members shall
	2347	+	3 be filled for the remainder of the term. In case of vacancy in
	2348	+	4 a Governor-appointed membership when the Senate is not in
	2349	+	5 session, the Governor may make a temporary appointment until
	2350	+	6 the next meeting of the Senate when a person shall be nominated
	2351	+	7 to fill such office, and any person so nominated who is
	2352	+	8 confirmed by the Senate shall hold office during the remainder
	2353	+	9 of the term and until a successor shall be appointed and
	2354	+	10 qualified. Members of the Authority shall not be entitled to
	2355	+	11 compensation for their services as members but shall be
	2356	+	12 entitled to reimbursement for all necessary expenses incurred
	2357	+	13 in connection with the performance of their duties as members.
	2358	+	14 (d) The Governor may remove any public member of the
	2359	+	15 Authority appointed by the Governor in case of incompetency,
	2360	+	16 neglect of duty, or malfeasance in office. The Chairman of a
	2361	+	17 county board may remove any public member of the Authority
	2362	+	18 appointed by such Chairman in the case of incompetency,
	2363	+	19 neglect of duty, or malfeasance in office.
	2364	+	20 (e) The Board shall appoint an Executive Director who
	2365	+	21 shall have a background in finance, including familiarity with
	2366	+	22 the legal and procedural requirements of issuing bonds, real
	2367	+	23 estate or economic development and administration. The
	2368	+	24 Executive Director shall hold office at the discretion of the
	2369	+	25 Board. The Executive Director shall be the chief
	2370	+	26 administrative and operational officer of the Authority, shall
	2371	+
	2372	+
	2373	+
	2374	+
	2375	+
	2376	+	HB1131 Enrolled - 67 - LRB103 05007 AWJ 50020 b
	2377	+
	2378	+
	2379	+	HB1131 Enrolled- 68 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 68 - LRB103 05007 AWJ 50020 b
	2380	+	HB1131 Enrolled - 68 - LRB103 05007 AWJ 50020 b
	2381	+	1 direct and supervise its administrative affairs and general
	2382	+	2 management, shall perform such other duties as may be
	2383	+	3 prescribed from time to time by the members and shall receive
	2384	+	4 compensation fixed by the Authority. The Authority may engage
	2385	+	5 the services of such other agents and employees, including
	2386	+	6 attorneys, appraisers, engineers, accountants, credit analysts
	2387	+	7 and other consultants, as it may deem advisable and may
	2388	+	8 prescribe their duties and fix their compensation.
	2389	+	9 (f) The Board shall create a task force to study and make
	2390	+	10 recommendations to the Board on the economic development of
	2391	+	11 the territory within the jurisdiction of this Act. The number
	2392	+	12 of members constituting the task force shall be set by the
	2393	+	13 Board and may vary from time to time. The Board may set a
	2394	+	14 specific date by which the task force is to submit its final
	2395	+	15 report and recommendations to the Board.
	2396	+	16 (Source: P.A. 97-278, eff. 8-8-11; 98-463, eff. 8-16-13.)
	2397	+	17 (70 ILCS 510/5) (from Ch. 85, par. 6205)
	2398	+	18 Sec. 5. Conflicts of interest; requests for assistance;
	2399	+	19 disclosure of economic interests. Interest. Members or
	2400	+	20 employees of authority - conflicting relations or interests -
	2401	+	21 effects.
	2402	+	22 (a) No member of the Authority or officer, agent or
	2403	+	23 employee thereof other than the representatives of a
	2404	+	24 professional sports team shall, in his or her own name or in
	2405	+	25 the name of a nominee, be an officer, director or hold an
	2406	+
	2407	+
	2408	+
	2409	+
	2410	+
	2411	+	HB1131 Enrolled - 68 - LRB103 05007 AWJ 50020 b
	2412	+
	2413	+
	2414	+	HB1131 Enrolled- 69 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 69 - LRB103 05007 AWJ 50020 b
	2415	+	HB1131 Enrolled - 69 - LRB103 05007 AWJ 50020 b
	2416	+	1 ownership interest of more than 7-1/2% in any person,
	2417	+	2 association, trust, corporation, partnership or other entity
	2418	+	3 which is, in its own name or in the name of a nominee, a party
	2419	+	4 to a contract or agreement upon which the member or officer,
	2420	+	5 agent or employee may be called upon to act or vote.
	2421	+	6 (b) With respect to any direct or any indirect interest,
	2422	+	7 other than an interest prohibited in subsection (a), in a
	2423	+	8 contract or agreement upon which the member or officer, agent
	2424	+	9 or employee may be called upon to act or vote, a member of the
	2425	+	10 Authority or officer, agent or employee thereof shall disclose
	2426	+	11 the same to the secretary of the Authority prior to the taking
	2427	+	12 of final action by the Authority concerning such contract or
	2428	+	13 agreement and shall so disclose the nature and extent of such
	2429	+	14 interest and his or her acquisition thereof, which disclosures
	2430	+	15 shall be publicly acknowledged by the Authority and entered
	2431	+	16 upon the minutes of the Authority. If a member of the Authority
	2432	+	17 or officer, agent or employee thereof holds such an interest
	2433	+	18 then he or she shall refrain from any further official
	2434	+	19 involvement in regard to such contract or agreement, from
	2435	+	20 voting on any matter pertaining to such contract or agreement,
	2436	+	21 and from communicating with other members of the Authority or
	2437	+	22 its officers, agents and employees concerning said contract or
	2438	+	23 agreement. Notwithstanding any other provision of law, any
	2439	+	24 contract or agreement entered into in conformity with this
	2440	+	25 subsection (b) shall not be void or invalid by reason of the
	2441	+	26 interest described in this subsection, nor shall any person so
	2442	+
	2443	+
	2444	+
	2445	+
	2446	+
	2447	+	HB1131 Enrolled - 69 - LRB103 05007 AWJ 50020 b
	2448	+
	2449	+
	2450	+	HB1131 Enrolled- 70 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 70 - LRB103 05007 AWJ 50020 b
	2451	+	HB1131 Enrolled - 70 - LRB103 05007 AWJ 50020 b
	2452	+	1 disclosing the interest and refraining from further official
	2453	+	2 involvement as provided in this subsection be guilty of an
	2454	+	3 offense, be removed from office or be subject to any other
	2455	+	4 penalty on account of such interest.
	2456	+	5 (c) Any contract or agreement made in violation of
	2457	+	6 subsection (a) or (b) of this Section shall be null and void
	2458	+	7 and give rise to no action against the Authority. No real
	2459	+	8 estate to which a member or employee of the Authority holds
	2460	+	9 legal title or in which such person has any beneficial
	2461	+	10 interest, including any interest in a land trust, shall be
	2462	+	11 purchased by the Authority or by a nonprofit corporation or
	2463	+	12 limited-profit entity for a development to be financed under
	2464	+	13 this Act. All members and employees of the Authority shall
	2465	+	14 file annually with the Authority a record of all real estate in
	2466	+	15 this State of which such person holds legal title or in which
	2467	+	16 such person has any beneficial interest, including any
	2468	+	17 interest in a land trust. In the event it is later disclosed
	2469	+	18 that the Authority has purchased real estate in which a member
	2470	+	19 or employee had an interest, such purchase shall be voidable
	2471	+	20 by the Authority and the member or employee involved shall be
	2472	+	21 disqualified from membership in or employment by the
	2473	+	22 Authority.
	2474	+	23 (d) The Authority may not hear a request for assistance
	2475	+	24 from a restricted person. This prohibition extends to business
	2476	+	25 relationships between a person who is an Authority leader
	2477	+	26 within one year prior to the request for assistance and to any
	2478	+
	2479	+
	2480	+
	2481	+
	2482	+
	2483	+	HB1131 Enrolled - 70 - LRB103 05007 AWJ 50020 b
	2484	+
	2485	+
	2486	+	HB1131 Enrolled- 71 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 71 - LRB103 05007 AWJ 50020 b
	2487	+	HB1131 Enrolled - 71 - LRB103 05007 AWJ 50020 b
	2488	+	1 entity in which a restricted person holds or, within the past 2
	2489	+	2 years, held an ownership interest of 10% or more.
	2490	+	3 (e) An Authority leader shall disclose and recuse himself
	2491	+	4 or herself from matters relating to requests for assistance
	2492	+	5 from an entity that is relocating full-time employees from
	2493	+	6 another Authority's counties if (i) both Authorities contract
	2494	+	7 with or employ the same Authority leader or (ii) there is or,
	2495	+	8 within the past 2 years of the request, there was a business
	2496	+	9 relationship between the Authority leaders at the 2
	2497	+	10 Authorities.
	2498	+	11 (f) The Board of the Authority shall vote to renew the
	2499	+	12 appointment of the Executive Director and other Authority
	2500	+	13 leaders on an annual basis. All contracts shall be approved on
	2501	+	14 an annual basis and use a public process to solicit
	2502	+	15 applications. This requirement does not apply to full-time
	2503	+	16 employees of the Authority unless otherwise required by
	2504	+	17 applicable State law or local ordinance.
	2505	+	18 (g) Each Authority leader shall submit a statement of
	2506	+	19 economic interest in accordance with Article 4A of the
	2507	+	20 Illinois Governmental Ethics Act. Additionally, each Authority
	2508	+	21 leader shall disclose to the Board outside sources of income
	2509	+	22 and any business relationships in economic development
	2510	+	23 consulting or lobbying. Reporting shall include the source of
	2511	+	24 income, services provided, and timeline of when services were
	2512	+	25 provided. If the source of income is a firm or organization
	2513	+	26 with multiple clients, the report shall list all of the
	2514	+
	2515	+
	2516	+
	2517	+
	2518	+
	2519	+	HB1131 Enrolled - 71 - LRB103 05007 AWJ 50020 b
	2520	+
	2521	+
	2522	+	HB1131 Enrolled- 72 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 72 - LRB103 05007 AWJ 50020 b
	2523	+	HB1131 Enrolled - 72 - LRB103 05007 AWJ 50020 b
	2524	+	1 entities for which the individual provided services.
	2525	+	2 (Source: P.A. 85-713.)
	2526	+	3 (70 ILCS 510/6) (from Ch. 85, par. 6206)
	2527	+	4 Sec. 6. Records, and reports, and notices of the
	2528	+	5 Authority. The secretary shall keep a record of the
	2529	+	6 proceedings of the Authority. The treasurer of the Authority
	2530	+	7 shall be custodian of all Authority funds, and shall be bonded
	2531	+	8 in such amount as the other members of the Authority may
	2532	+	9 designate. The accounts and bonds of the Authority shall be
	2533	+	10 set up and maintained in a manner approved by the Auditor
	2534	+	11 General, and the Authority shall file with the Auditor General
	2535	+	12 a certified annual report within 120 days after the close of
	2536	+	13 its fiscal year. The Authority shall also file with the
	2537	+	14 Governor, the Secretary of the Senate, the Clerk of the House
	2538	+	15 of Representatives, and the Commission on Government
	2539	+	16 Forecasting and Accountability, by March 1 of each year, a
	2540	+	17 written report covering its activities and any activities of
	2541	+	18 any instrumentality corporation established pursuant to this
	2542	+	19 Act for the previous fiscal year. In its report to be filed by
	2543	+	20 March 1, 1988, the Authority shall present an economic
	2544	+	21 development strategy for the Quad Cities region for the year
	2545	+	22 beginning July 1, 1988 and for the 4 years next ensuing. In
	2546	+	23 each annual report thereafter, the Authority shall make
	2547	+	24 modifications in such economic development strategy for the 4
	2548	+	25 years beginning on the next ensuing July 1, to reflect changes
	2549	+
	2550	+
	2551	+
	2552	+
	2553	+
	2554	+	HB1131 Enrolled - 72 - LRB103 05007 AWJ 50020 b
	2555	+
	2556	+
	2557	+	HB1131 Enrolled- 73 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 73 - LRB103 05007 AWJ 50020 b
	2558	+	HB1131 Enrolled - 73 - LRB103 05007 AWJ 50020 b
	2559	+	1 in economic conditions or other factors, including the
	2560	+	2 policies of the Authority and the State of Illinois. It also
	2561	+	3 shall present an economic development strategy for the fifth
	2562	+	4 year beginning after the next ensuing July 1. The strategy
	2563	+	5 shall recommend specific legislative and administrative action
	2564	+	6 by the State, the Authority, units of local government or
	2565	+	7 other governmental agencies. Such recommendations may include,
	2566	+	8 but are not limited to, new programs, modifications to
	2567	+	9 existing programs, credit enhancements for bonds issued by the
	2568	+	10 Authority, and amendments to this Act. When filed, such report
	2569	+	11 shall be a public record and open for inspection at the offices
	2570	+	12 of the Authority during normal business hours.
	2571	+	13 The Authority is subject to the Open Meetings Act and the
	2572	+	14 Freedom of Information Act. Documents subject to the Freedom
	2573	+	15 of Information Act include, but are not limited to, expenses,
	2574	+	16 payroll, origination bonuses, and other financial details of
	2575	+	17 the Authority.
	2576	+	18 A contract or agreement entered into by the Authority must
	2577	+	19 be posted on the Authority's website. The Authority shall
	2578	+	20 provide a detailed report of the Authority's financial
	2579	+	21 information on the Authority's website, including, but not
	2580	+	22 limited to, a statement of profits and losses, balance sheet,
	2581	+	23 and income statement of the Authority.
	2582	+	24 The Authority shall provide notice to the General
	2583	+	25 Assembly, the Department of Commerce and Economic Opportunity,
	2584	+	26 and the Governor once the Authority enters into a commitment
	2585	+
	2586	+
	2587	+
	2588	+
	2589	+
	2590	+	HB1131 Enrolled - 73 - LRB103 05007 AWJ 50020 b
	2591	+
	2592	+
	2593	+	HB1131 Enrolled- 74 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 74 - LRB103 05007 AWJ 50020 b
	2594	+	HB1131 Enrolled - 74 - LRB103 05007 AWJ 50020 b
	2595	+	1 to support the financing of a project. The notice to the
	2596	+	2 General Assembly shall be filed with the Clerk of the House of
	2597	+	3 Representatives and the Secretary of the Senate, in electronic
	2598	+	4 form only, in the manner that the Clerk and the Secretary shall
	2599	+	5 direct.
	2600	+	6 (Source: P.A. 100-1148, eff. 12-10-18.)
	2601	+	7 (70 ILCS 510/14) (from Ch. 85, par. 6214)
	2602	+	8 Sec. 14. Additional powers and duties.
	2603	+	9 (a) The Authority may, but need not, acquire title to any
	2604	+	10 project with respect to which it exercises its authority.
	2605	+	11 (b) The Authority shall have the power to enter into
	2606	+	12 intergovernmental agreements with the State of Illinois, the
	2607	+	13 counties of Jo Daviess, Carroll, Whiteside, Stephenson, Lee,
	2608	+	14 Knox, Winnebago, Boone, Rock Island, Henry, or Mercer, the
	2609	+	15 State of Iowa or any authority established by the State of
	2610	+	16 Iowa, the Illinois Finance Authority, the Illinois Housing
	2611	+	17 Development Authority, the United States government and any
	2612	+	18 agency or instrumentality of the United States, any unit of
	2613	+	19 local government located within the territory of the Authority
	2614	+	20 or any other unit of government to the extent allowed by
	2615	+	21 Article VII, Section 10 of the Illinois Constitution and the
	2616	+	22 Intergovernmental Cooperation Act.
	2617	+	23 (c) The Authority shall have the power to share employees
	2618	+	24 with other units of government, including agencies of the
	2619	+	25 United States, agencies of the State of Illinois and agencies
	2620	+
	2621	+
	2622	+
	2623	+
	2624	+
	2625	+	HB1131 Enrolled - 74 - LRB103 05007 AWJ 50020 b
	2626	+
	2627	+
	2628	+	HB1131 Enrolled- 75 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 75 - LRB103 05007 AWJ 50020 b
	2629	+	HB1131 Enrolled - 75 - LRB103 05007 AWJ 50020 b
	2630	+	1 or personnel of any unit of local government.
	2631	+	2 (d) The Authority shall have the power to exercise powers
	2632	+	3 and issue bonds as if it were a municipality so authorized in
	2633	+	4 Divisions 12.1, 74, 74.1, 74.3 and 74.5 of Article 11 of the
	2634	+	5 Illinois Municipal Code.
	2635	+	6 (Source: P.A. 93-205, eff. 1-1-04.)"; and
	2636	+	7 Section 35. The Riverdale Development Authority Act is
	2637	+	8 amended by changing Sections 10, 15, and 45 and by adding
	2638	+	9 Sections 21 and 22 as follows:
	2639	+	10 (70 ILCS 516/10)
	2640	+	11 Sec. 10. Definitions. In this Act words and phrases have
	2641	+	12 the meanings set forth in this Section.
	2642	+	13 "Authority" means the Riverdale Development Authority
	2643	+	14 created by this Act.
	2644	+	15 "Authority leader" means the Executive Director,
	2645	+	16 Assistant Executive Director, or any other person serving
	2646	+	17 in a management, administrative, or leadership role at the
	2647	+	18 Authority.
	2648	+	19 "Board" means the Board of Directors of the Authority.
	2649	+	20 "Costs incurred in connection with the development,
	2650	+	21 construction, acquisition, or improvement of a project"
	2651	+	22 means: the cost of purchase and construction of all lands
	2652	+	23 and related improvements, together with the equipment and
	2653	+	24 other property, rights, easements, and franchises acquired
	2654	+
	2655	+
	2656	+
	2657	+
	2658	+
	2659	+	HB1131 Enrolled - 75 - LRB103 05007 AWJ 50020 b
	2660	+
	2661	+
	2662	+	HB1131 Enrolled- 76 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 76 - LRB103 05007 AWJ 50020 b
	2663	+	HB1131 Enrolled - 76 - LRB103 05007 AWJ 50020 b
	2664	+	1 that are deemed necessary for the construction; the costs
	2665	+	2 of environmental suits, studies and analyses and
	2666	+	3 subsequent clean-up activities necessary to qualify the
	2667	+	4 area as needing no further remediation; financing charges;
	2668	+	5 interest costs with respect to revenue bonds, notes, and
	2669	+	6 other evidences of indebtedness of the Authority prior to
	2670	+	7 and during construction and for a period of 36 months
	2671	+	8 thereafter; engineering and legal expenses; the costs of
	2672	+	9 plans, specifications, surveys, and estimates of costs and
	2673	+	10 other expenses necessary or incident to determining the
	2674	+	11 feasibility or practicability of any project, together
	2675	+	12 with such other expenses as may be necessary or incident
	2676	+	13 to the financing, insuring, acquisition, and construction
	2677	+	14 of a specific project and the placing of the project in
	2678	+	15 operation.
	2679	+	16 "Financial aid" means the expenditure of Authority
	2680	+	17 funds or funds provided by the Authority through the
	2681	+	18 issuance of its revenue bonds, notes, or other evidences
	2682	+	19 of indebtedness for the development, construction,
	2683	+	20 acquisition, or improvement of a project.
	2684	+	21 "Governmental agency" means any federal, State, county
	2685	+	22 or local governmental body, and any agency or
	2686	+	23 instrumentality thereof, corporate or otherwise.
	2687	+	24 "Lease agreement" means an agreement under which a
	2688	+	25 project acquired by the Authority by purchase, gift, or
	2689	+	26 lease is leased to any person or governmental agency that
	2690	+
	2691	+
	2692	+
	2693	+
	2694	+
	2695	+	HB1131 Enrolled - 76 - LRB103 05007 AWJ 50020 b
	2696	+
	2697	+
	2698	+	HB1131 Enrolled- 77 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 77 - LRB103 05007 AWJ 50020 b
	2699	+	HB1131 Enrolled - 77 - LRB103 05007 AWJ 50020 b
	2700	+	1 will use or cause the project to be used as a project upon
	2701	+	2 terms providing for lease rental payments at least
	2702	+	3 sufficient to pay when due the lessee's pro rata share of
	2703	+	4 all principal and interest and premium, if any, on any
	2704	+	5 revenue bonds, notes, or other evidences of indebtedness
	2705	+	6 of the Authority issued with respect to the project,
	2706	+	7 providing for the maintenance, insurance, and operation of
	2707	+	8 the project on terms satisfactory to the Authority, and
	2708	+	9 providing for disposition of the project upon termination
	2709	+	10 of the lease term, including purchase options or
	2710	+	11 abandonment of the premises, with such other terms as may
	2711	+	12 be deemed desirable by the Authority.
	2712	+	13 "Loan agreement" means any agreement by which the
	2713	+	14 Authority agrees to loan the proceeds of its revenue
	2714	+	15 bonds, notes, or other evidences of indebtedness issued
	2715	+	16 with respect to a project to any person or governmental
	2716	+	17 agency that will use or cause the project to be used as a
	2717	+	18 project upon terms providing for loan repayment
	2718	+	19 installments at least sufficient to pay when due the
	2719	+	20 borrower's pro rata share of all principal of and interest
	2720	+	21 and premium, if any, on any revenue bonds, notes, or other
	2721	+	22 evidences of indebtedness of the Authority issued with
	2722	+	23 respect to the project, providing for maintenance,
	2723	+	24 insurance, and operation of the project on terms
	2724	+	25 satisfactory to the Authority, and providing for other
	2725	+	26 matters as may be deemed advisable by the Authority.
	2726	+
	2727	+
	2728	+
	2729	+
	2730	+
	2731	+	HB1131 Enrolled - 77 - LRB103 05007 AWJ 50020 b
	2732	+
	2733	+
	2734	+	HB1131 Enrolled- 78 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 78 - LRB103 05007 AWJ 50020 b
	2735	+	HB1131 Enrolled - 78 - LRB103 05007 AWJ 50020 b
	2736	+	1 "Person" includes without limitation an individual,
	2737	+	2 corporation, partnership, unincorporated association, and
	2738	+	3 any other legal entity, including a trustee, receiver,
	2739	+	4 assignee, or personal representative of the entity.
	2740	+	5 "Project" means an industrial, commercial,
	2741	+	6 freight-oriented or residential project or any combination
	2742	+	7 thereof provided that all uses shall fall within one of
	2743	+	8 those categories, including but not limited to one or more
	2744	+	9 buildings and other structures, improvements, machinery
	2745	+	10 and equipment whether or not on the same site or any land,
	2746	+	11 buildings, machinery, or equipment comprising an addition
	2747	+	12 to or renovation, rehabilitation, or improvement of any
	2748	+	13 existing capital project. Any project shall automatically
	2749	+	14 include all site improvements and new construction
	2750	+	15 involving sidewalks, sewers, landscaping and all
	2751	+	16 appurtenances and facilities incidental thereto such as
	2752	+	17 utilities, access roads, railroad sidings, truck docking,
	2753	+	18 and similar facilities, parking facilities, railroad
	2754	+	19 roadbed, track, trestle, depot, terminal, intermodal
	2755	+	20 facilities, switching and signaling equipment, or related
	2756	+	21 equipment and other improvements necessary or convenient
	2757	+	22 thereto, solid waste and wastewater treatment and disposal
	2758	+	23 sites and other pollution control facilities, resource or
	2759	+	24 waste reduction, recovery, treatment, and disposal
	2760	+	25 facilities, open spaces, streets, highways, and runways.
	2761	+	26 "Restricted person" means a person who has a familial
	2762	+
	2763	+
	2764	+
	2765	+
	2766	+
	2767	+	HB1131 Enrolled - 78 - LRB103 05007 AWJ 50020 b
	2768	+
	2769	+
	2770	+	HB1131 Enrolled- 79 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 79 - LRB103 05007 AWJ 50020 b
	2771	+	HB1131 Enrolled - 79 - LRB103 05007 AWJ 50020 b
	2772	+	1 or business relationship with an Authority leader.
	2773	+	2 "Revenue bond" or "bond" means any bond issued by the
	2774	+	3 Authority under the supervision of the Illinois Finance
	2775	+	4 Authority, the principal and interest of which are payable
	2776	+	5 solely from revenues or income derived from any project or
	2777	+	6 activity of the Authority.
	2778	+	7 "Terminal" means a public place, station, or depot for
	2779	+	8 receiving and delivering passengers, baggage, mail,
	2780	+	9 freight, or express matter and any combination thereof in
	2781	+	10 connection with the transportation of persons and property
	2782	+	11 on land.
	2783	+	12 "Terminal facilities" means all land, buildings,
	2784	+	13 structures, improvements, equipment, and appliances useful
	2785	+	14 in the operation of public warehouse, storage, and
	2786	+	15 transportation facilities and industrial, manufacturing,
	2787	+	16 or commercial activities for the accommodation of or in
	2788	+	17 connection with commerce by land.
	2789	+	18 (Source: P.A. 94-1093, eff. 1-26-07.)
	2790	+	19 (70 ILCS 516/15)
	2791	+	20 Sec. 15. Creation of Authority; Board members; officers.
	2792	+	21 (a) The Riverdale Development Authority is created as a
	2793	+	22 political subdivision, body politic, and municipal
	2794	+	23 corporation.
	2795	+	24 (b) The jurisdiction of the Authority shall extend over
	2796	+	25 the approximately 1,200 acres (1.87 sq. miles), more or less,
	2797	+
	2798	+
	2799	+
	2800	+
	2801	+
	2802	+	HB1131 Enrolled - 79 - LRB103 05007 AWJ 50020 b
	2803	+
	2804	+
	2805	+	HB1131 Enrolled- 80 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 80 - LRB103 05007 AWJ 50020 b
	2806	+	HB1131 Enrolled - 80 - LRB103 05007 AWJ 50020 b
	2807	+	1 of largely industrial, commercial and residential property
	2808	+	2 located between and adjacent to the CSX's Barr Yard and IHB's
	2809	+	3 Blue Island Yard, exclusive of those yards and other rail
	2810	+	4 lines and utility property, but including: the property
	2811	+	5 generally bounded by I-57 on the west; east along Jackson
	2812	+	6 Street and Indian Boundary Line to Halsted Avenue; south on
	2813	+	7 Halsted to Forestview Avenue continuing east to the Norfolk
	2814	+	8 Southern Railway; north along the Norfolk Southern Railway to
	2815	+	9 the Little Calumet River, east along the River to the
	2816	+	10 northeastern tip of the peninsula crossing the River at the
	2817	+	11 height of 130th Street to the Canadian National-Illinois
	2818	+	12 Central Railroad property line continuing south along the rail
	2819	+	13 line and crossing the River again; east along the River to
	2820	+	14 Indiana Avenue; south to 136th Street; west on 136th Street to
	2821	+	15 the Norfolk Southern Railway then northwest to the northern
	2822	+	16 boundary of Mohawk Park at the height of Blue Island-Riverdale
	2823	+	17 Road and thence west on Blue Island-Riverdale Road to the
	2824	+	18 eastern edge of the Commonwealth Edison easement at the height
	2825	+	19 of Stewart Avenue and then south on Stewart Avenue to 142nd
	2826	+	20 Street; west on 142nd Street continuing along the southern
	2827	+	21 boundary of the IHB Blue Island Yard following this boundary
	2828	+	22 line west to I-57.
	2829	+	23 (c) The governing and administrative powers of the
	2830	+	24 Authority shall be vested in its Board of Directors consisting
	2831	+	25 of 5 members, 3 of whom shall be appointed by the Mayor of
	2832	+	26 Riverdale and 2 of whom shall be appointed by the Governor. All
	2833	+
	2834	+
	2835	+
	2836	+
	2837	+
	2838	+	HB1131 Enrolled - 80 - LRB103 05007 AWJ 50020 b
	2839	+
	2840	+
	2841	+	HB1131 Enrolled- 81 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 81 - LRB103 05007 AWJ 50020 b
	2842	+	HB1131 Enrolled - 81 - LRB103 05007 AWJ 50020 b
	2843	+	1 persons appointed as members of the Board shall have
	2844	+	2 recognized ability and experience in one or more of the
	2845	+	3 following areas: economic development, finance, banking,
	2846	+	4 industrial development, business management, real estate,
	2847	+	5 community development, organized labor, or civic, community,
	2848	+	6 or neighborhood organization.
	2849	+	7 (d) The terms of the 5 initial appointees to the Authority
	2850	+	8 shall commence 30 days after the effective date of this Act. Of
	2851	+	9 the 5 appointees initially appointed (i) one of Riverdale's
	2852	+	10 appointees and one of the Governor's appointees shall be
	2853	+	11 appointed to serve terms expiring on the third Monday in
	2854	+	12 January, 2009; (ii) one of Riverdale's appointees shall be
	2855	+	13 appointed to serve a term expiring on the third Monday in
	2856	+	14 January, 2010; and (iii) one of Riverdale's appointees and 1
	2857	+	15 of the Governor's appointees shall be appointed to serve terms
	2858	+	16 expiring on the third Monday in January, 2011. All successors
	2859	+	17 shall be appointed by the original appointing authority and
	2860	+	18 hold office for a term of 4 years commencing the third Monday
	2861	+	19 in January of the year in which their term commences, except in
	2862	+	20 case of an appointment to fill a vacancy. Vacancies shall be
	2863	+	21 filled for the remainder of the term. Each member appointed to
	2864	+	22 the Board shall serve until his or her successor is appointed
	2865	+	23 and qualified.
	2866	+	24 (e) The Chairperson of the Board shall be elected by the
	2867	+	25 Board annually from among its members.
	2868	+	26 (f) The appointing authority may remove any member of the
	2869	+
	2870	+
	2871	+
	2872	+
	2873	+
	2874	+	HB1131 Enrolled - 81 - LRB103 05007 AWJ 50020 b
	2875	+
	2876	+
	2877	+	HB1131 Enrolled- 82 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 82 - LRB103 05007 AWJ 50020 b
	2878	+	HB1131 Enrolled - 82 - LRB103 05007 AWJ 50020 b
	2879	+	1 Board in case of incompetency, neglect of duty, or malfeasance
	2880	+	2 in office.
	2881	+	3 (g) Members of the Board shall serve without compensation
	2882	+	4 for their services as members but may be reimbursed for all
	2883	+	5 necessary expenses incurred in connection with the performance
	2884	+	6 of their duties as members.
	2885	+	7 (h) The Board may appoint an Executive Director who shall
	2886	+	8 have a background in administration, planning, real estate,
	2887	+	9 economic development, finance, or law. The Executive Director
	2888	+	10 shall hold office at the discretion of the Board. The
	2889	+	11 Executive Director shall be the chief administrative and
	2890	+	12 operational officer of the Authority, shall direct and
	2891	+	13 supervise its administrative affairs and general management,
	2892	+	14 shall perform such other duties as may be prescribed from time
	2893	+	15 to time by the Board, and shall receive compensation fixed by
	2894	+	16 the Board. The Executive Director shall attend all meetings of
	2895	+	17 the Board; however, no action of the Board or the Authority
	2896	+	18 shall be invalid on account of the absence of the Executive
	2897	+	19 Director from a meeting. The Board may engage the services of
	2898	+	20 such other agents and employees, including planners,
	2899	+	21 attorneys, appraisers, engineers, accountants, credit analysts
	2900	+	22 and other consultants, and may prescribe their duties and fix
	2901	+	23 their compensation.
	2902	+	24 (i) The Board shall meet on the call of its Chairperson or
	2903	+	25 upon written notice of 3 members of the Board. 3 members shall
	2904	+	26 constitute a quorum, and the Board may not meet or take any
	2905	+
	2906	+
	2907	+
	2908	+
	2909	+
	2910	+	HB1131 Enrolled - 82 - LRB103 05007 AWJ 50020 b
	2911	+
	2912	+
	2913	+	HB1131 Enrolled- 83 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 83 - LRB103 05007 AWJ 50020 b
	2914	+	HB1131 Enrolled - 83 - LRB103 05007 AWJ 50020 b
	2915	+	1 action without a quorum present.
	2916	+	2 (j) All official acts of the Authority shall require the
	2917	+	3 affirmative vote of at least 3 of the members of the Board
	2918	+	4 present and voting at a meeting of the Board.
	2919	+	5 (Source: P.A. 94-1093, eff. 1-26-07.)
	2920	+	6 (70 ILCS 516/21 new)
	2921	+	7 Sec. 21. Requests for assistance; disclosure of economic
	2922	+	8 interests.
	2923	+	9 (a) The Authority may not hear a request for assistance
	2924	+	10 from a restricted person. This prohibition extends to business
	2925	+	11 relationships between a person who is an Authority leader
	2926	+	12 within one year prior to the request for assistance and to any
	2927	+	13 entity in which a restricted person holds or, within the past 2
	2928	+	14 years, held an ownership interest of 10% or more.
	2929	+	15 (b) An Authority leader shall disclose and recuse himself
	2930	+	16 or herself from matters relating to requests for assistance
	2931	+	17 from an entity that is relocating full-time employees from
	2932	+	18 another Authority's counties if (i) both Authorities contract
	2933	+	19 with or employ the same Authority leader or (ii) there is or,
	2934	+	20 within the past 2 years of the request, there was a business
	2935	+	21 relationship between the Authority leaders at the 2
	2936	+	22 Authorities.
	2937	+	23 (c) The Board of the Authority shall vote to renew the
	2938	+	24 appointment of the Executive Director and other Authority
	2939	+	25 leaders on an annual basis. All contracts shall be approved on
	2940	+
	2941	+
	2942	+
	2943	+
	2944	+
	2945	+	HB1131 Enrolled - 83 - LRB103 05007 AWJ 50020 b
	2946	+
	2947	+
	2948	+	HB1131 Enrolled- 84 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 84 - LRB103 05007 AWJ 50020 b
	2949	+	HB1131 Enrolled - 84 - LRB103 05007 AWJ 50020 b
	2950	+	1 an annual basis and use a public process to solicit
	2951	+	2 applications. This requirement does not apply to full-time
	2952	+	3 employees of the Authority unless otherwise required by
	2953	+	4 applicable State law or local ordinance.
	2954	+	5 (d) Each Authority leader shall submit a statement of
	2955	+	6 economic interest in accordance with Article 4A of the
	2956	+	7 Illinois Governmental Ethics Act. Additionally, each Authority
	2957	+	8 leader shall disclose to the Board outside sources of income
	2958	+	9 and any business relationships in economic development
	2959	+	10 consulting or lobbying. Reporting shall include the source of
	2960	+	11 income, services provided, and timeline of when services were
	2961	+	12 provided. If the source of income is a firm or organization
	2962	+	13 with multiple clients, the report shall list all of the
	2963	+	14 entities for which the individual provided services.
	2964	+	15 (70 ILCS 516/22 new)
	2965	+	16 Sec. 22. Open meetings; record disclosure.
	2966	+	17 (a) The Authority is subject to the Open Meetings Act and
	2967	+	18 the Freedom of Information Act. Documents subject to the
	2968	+	19 Freedom of Information Act include, but are not limited to,
	2969	+	20 expenses, payroll, origination bonuses, and other financial
	2970	+	21 details of the Authority.
	2971	+	22 (b) A contract or agreement entered into by the Authority
	2972	+	23 must be posted on the Authority's website. The Authority shall
	2973	+	24 provide a detailed report of the Authority's financial
	2974	+	25 information on the Authority's website, including, but not
	2975	+
	2976	+
	2977	+
	2978	+
	2979	+
	2980	+	HB1131 Enrolled - 84 - LRB103 05007 AWJ 50020 b
	2981	+
	2982	+
	2983	+	HB1131 Enrolled- 85 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 85 - LRB103 05007 AWJ 50020 b
	2984	+	HB1131 Enrolled - 85 - LRB103 05007 AWJ 50020 b
	2985	+	1 limited to, a statement of profits and losses, balance sheet,
	2986	+	2 and income statement of the Authority.
	2987	+	3 (70 ILCS 516/45)
	2988	+	4 Sec. 45. Reports; commitment notice. The Authority shall,
	2989	+	5 annually, submit a report of its finances to the Auditor
	2990	+	6 General. The Authority shall, annually, submit a report of its
	2991	+	7 activities to the Governor and to the General Assembly.
	2992	+	8 The Authority shall provide notice to the General
	2993	+	9 Assembly, the Department of Commerce and Economic Opportunity,
	2994	+	10 and the Governor once the Authority enters into a commitment
	2995	+	11 to support the financing of a project. The notice to the
	2996	+	12 General Assembly shall be filed with the Clerk of the House of
	2997	+	13 Representatives and the Secretary of the Senate, in electronic
	2998	+	14 form only, in the manner that the Clerk and the Secretary shall
	2999	+	15 direct.
	3000	+	16 (Source: P.A. 94-1093, eff. 1-26-07.)
	3001	+	17 Section 40. The Southeastern Illinois Economic Development
	3002	+	18 Authority Act is amended by changing Sections 15, 20, and 70
	3003	+	19 and by adding Sections 26 and 27 as follows:
	3004	+	20 (70 ILCS 518/15)
	3005	+	21 Sec. 15. Definitions. In this Act:
	3006	+	22 "Authority" means the Southeastern Illinois Economic
	3007	+	23 Development Authority.
	3008	+
	3009	+
	3010	+
	3011	+
	3012	+
	3013	+	HB1131 Enrolled - 85 - LRB103 05007 AWJ 50020 b
	3014	+
	3015	+
	3016	+	HB1131 Enrolled- 86 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 86 - LRB103 05007 AWJ 50020 b
	3017	+	HB1131 Enrolled - 86 - LRB103 05007 AWJ 50020 b
	3018	+	1 "Authority leader" means the Executive Director, Assistant
	3019	+	2 Executive Director, or any other person serving in a
	3020	+	3 management, administrative, or leadership role at the
	3021	+	4 Authority.
	3022	+	5 "Governmental agency" means any federal, State, or local
	3023	+	6 governmental body and any agency or instrumentality thereof,
	3024	+	7 corporate or otherwise.
	3025	+	8 "Person" means any natural person, firm, partnership,
	3026	+	9 corporation, both domestic and foreign, company, association
	3027	+	10 or joint stock association and includes any trustee, receiver,
	3028	+	11 assignee or personal representative thereof.
	3029	+	12 "Restricted person" means a person who has a familial or
	3030	+	13 business relationship with an Authority leader.
	3031	+	14 "Revenue bond" means any bond issued by the Authority, the
	3032	+	15 principal and interest of which is payable solely from
	3033	+	16 revenues or income derived from any project or activity of the
	3034	+	17 Authority.
	3035	+	18 "Board" means the Board of Directors of the Southeastern
	3036	+	19 Illinois Economic Development Authority.
	3037	+	20 "Governor" means the Governor of the State of Illinois.
	3038	+	21 "City" means any city, village, incorporated town, or
	3039	+	22 township within the geographical territory of the Authority.
	3040	+	23 "Industrial project" means the following:
	3041	+	24 (1) a capital project, including one or more buildings
	3042	+	25 and other structures, improvements, machinery and
	3043	+	26 equipment whether or not on the same site or sites now
	3044	+
	3045	+
	3046	+
	3047	+
	3048	+
	3049	+	HB1131 Enrolled - 86 - LRB103 05007 AWJ 50020 b
	3050	+
	3051	+
	3052	+	HB1131 Enrolled- 87 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 87 - LRB103 05007 AWJ 50020 b
	3053	+	HB1131 Enrolled - 87 - LRB103 05007 AWJ 50020 b
	3054	+	1 existing or hereafter acquired, suitable for use by any
	3055	+	2 manufacturing, industrial, research, transportation or
	3056	+	3 commercial enterprise including but not limited to use as
	3057	+	4 a factory, mill, processing plant, assembly plant,
	3058	+	5 packaging plant, fabricating plant, ethanol plant, office
	3059	+	6 building, industrial distribution center, warehouse,
	3060	+	7 repair, overhaul or service facility, freight terminal,
	3061	+	8 research facility, test facility, power generation
	3062	+	9 facility, mining operation, railroad facility, solid waste
	3063	+	10 and wastewater treatment and disposal sites and other
	3064	+	11 pollution control facilities, resource or waste reduction,
	3065	+	12 recovery, treatment and disposal facilities,
	3066	+	13 tourism-related facilities, including hotels, theaters,
	3067	+	14 water parks, and amusement parks, and including also the
	3068	+	15 sites thereof and other rights in land therefore whether
	3069	+	16 improved or unimproved, site preparation and landscaping
	3070	+	17 and all appurtenances and facilities incidental thereto
	3071	+	18 such as utilities, access roads, railroad sidings, truck
	3072	+	19 docking and similar facilities, parking facilities,
	3073	+	20 dockage, wharfage, railroad roadbed, track, trestle,
	3074	+	21 depot, terminal, switching and signaling equipment or
	3075	+	22 related equipment and other improvements necessary or
	3076	+	23 convenient thereto; or
	3077	+	24 (2) any land, buildings, machinery or equipment
	3078	+	25 comprising an addition to or renovation, rehabilitation or
	3079	+	26 improvement of any existing capital project.
	3080	+
	3081	+
	3082	+
	3083	+
	3084	+
	3085	+	HB1131 Enrolled - 87 - LRB103 05007 AWJ 50020 b
	3086	+
	3087	+
	3088	+	HB1131 Enrolled- 88 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 88 - LRB103 05007 AWJ 50020 b
	3089	+	HB1131 Enrolled - 88 - LRB103 05007 AWJ 50020 b
	3090	+	1 "Housing project" or "residential project" includes a
	3091	+	2 specific work or improvement undertaken to provide dwelling
	3092	+	3 accommodations, including the acquisition, construction or
	3093	+	4 rehabilitation of lands, buildings and community facilities
	3094	+	5 and in connection therewith to provide nonhousing facilities
	3095	+	6 which are an integral part of a planned large-scale project or
	3096	+	7 new community.
	3097	+	8 "Commercial project" means any project, including, but not
	3098	+	9 limited to, one or more buildings and other structures,
	3099	+	10 improvements, machinery, and equipment, whether or not on the
	3100	+	11 same site or sites now existing or hereafter acquired,
	3101	+	12 suitable for use by any retail or wholesale concern,
	3102	+	13 distributorship, or agency, or health facility or retirement
	3103	+	14 facility.
	3104	+	15 "Project" means an industrial, housing, residential,
	3105	+	16 commercial, or service project, or any combination thereof,
	3106	+	17 provided that all uses fall within one of the categories
	3107	+	18 described above. Any project automatically includes all site
	3108	+	19 improvements and new construction involving sidewalks, sewers,
	3109	+	20 solid waste and wastewater treatment and disposal sites and
	3110	+	21 other pollution control facilities, resource or waste
	3111	+	22 reduction, recovery, treatment and disposal facilities, parks,
	3112	+	23 open spaces, wildlife sanctuaries, streets, highways, and
	3113	+	24 runways.
	3114	+	25 "Lease agreement" means an agreement in which a project
	3115	+	26 acquired by the Authority by purchase, gift, or lease is
	3116	+
	3117	+
	3118	+
	3119	+
	3120	+
	3121	+	HB1131 Enrolled - 88 - LRB103 05007 AWJ 50020 b
	3122	+
	3123	+
	3124	+	HB1131 Enrolled- 89 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 89 - LRB103 05007 AWJ 50020 b
	3125	+	HB1131 Enrolled - 89 - LRB103 05007 AWJ 50020 b
	3126	+	1 leased to any person or corporation that will use, or cause the
	3127	+	2 project to be used, as a project, upon terms providing for
	3128	+	3 lease rental payments at least sufficient to pay, when due,
	3129	+	4 all principal of and interest and premium, if any, on any
	3130	+	5 bonds, notes, or other evidences of indebtedness of the
	3131	+	6 Authority, issued with respect to the project, providing for
	3132	+	7 the maintenance, insurance, and operation of the project on
	3133	+	8 terms satisfactory to the Authority and providing for
	3134	+	9 disposition of the project upon termination of the lease term,
	3135	+	10 including purchase options or abandonment of the premises,
	3136	+	11 with other terms as may be deemed desirable by the Authority.
	3137	+	12 "Loan agreement" means any agreement in which the
	3138	+	13 Authority agrees to loan the proceeds of its bonds, notes, or
	3139	+	14 other evidences of indebtedness, issued with respect to a
	3140	+	15 project, to any person or corporation which will use or cause
	3141	+	16 the project to be used as a project, upon terms providing for
	3142	+	17 loan repayment installments at least sufficient to pay, when
	3143	+	18 due, all principal of and interest and premium, if any, on any
	3144	+	19 bonds, notes, or other evidences of indebtedness of the
	3145	+	20 Authority issued with respect to the project, providing for
	3146	+	21 maintenance, insurance, and operation of the project on terms
	3147	+	22 satisfactory to the Authority and providing for other terms
	3148	+	23 deemed advisable by the Authority.
	3149	+	24 "Financial aid" means the expenditure of Authority funds
	3150	+	25 or funds provided by the Authority for the development,
	3151	+	26 construction, acquisition or improvement of a project, through
	3152	+
	3153	+
	3154	+
	3155	+
	3156	+
	3157	+	HB1131 Enrolled - 89 - LRB103 05007 AWJ 50020 b
	3158	+
	3159	+
	3160	+	HB1131 Enrolled- 90 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 90 - LRB103 05007 AWJ 50020 b
	3161	+	HB1131 Enrolled - 90 - LRB103 05007 AWJ 50020 b
	3162	+	1 the issuance of revenue bonds, notes, or other evidences of
	3163	+	2 indebtedness.
	3164	+	3 "Costs incurred in connection with the development,
	3165	+	4 construction, acquisition or improvement of a project" means
	3166	+	5 the following:
	3167	+	6 (1) the cost of purchase and construction of all lands
	3168	+	7 and improvements in connection therewith and equipment and
	3169	+	8 other property, rights, easements, and franchises acquired
	3170	+	9 which are deemed necessary for the construction;
	3171	+	10 (2) financing charges;
	3172	+	11 (3) interest costs with respect to bonds, notes, and
	3173	+	12 other evidences of indebtedness of the Authority prior to
	3174	+	13 and during construction and for a period of 6 months
	3175	+	14 thereafter;
	3176	+	15 (4) engineering and legal expenses; and
	3177	+	16 (5) the costs of plans, specifications, surveys, and
	3178	+	17 estimates of costs and other expenses necessary or
	3179	+	18 incident to determining the feasibility or practicability
	3180	+	19 of any project, together with such other expenses as may
	3181	+	20 be necessary or incident to the financing, insuring,
	3182	+	21 acquisition, and construction of a specific project and
	3183	+	22 the placing of the same in operation.
	3184	+	23 (Source: P.A. 98-750, eff. 1-1-15.)
	3185	+	24 (70 ILCS 518/20)
	3186	+	25 Sec. 20. Creation.
	3187	+
	3188	+
	3189	+
	3190	+
	3191	+
	3192	+	HB1131 Enrolled - 90 - LRB103 05007 AWJ 50020 b
	3193	+
	3194	+
	3195	+	HB1131 Enrolled- 91 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 91 - LRB103 05007 AWJ 50020 b
	3196	+	HB1131 Enrolled - 91 - LRB103 05007 AWJ 50020 b
	3197	+	1 (a) There is created a political subdivision, body
	3198	+	2 politic, and municipal corporation named the Southeastern
	3199	+	3 Illinois Economic Development Authority. The territorial
	3200	+	4 jurisdiction of the Authority is that geographic area within
	3201	+	5 the boundaries of the following counties: Fayette, Cumberland,
	3202	+	6 Clark, Effingham, Jasper, Crawford, Marion, Clay, Richland,
	3203	+	7 Lawrence, Jefferson, Wayne, Edwards, Wabash, Hamilton, and
	3204	+	8 White; Irvington Township in Washington County; and any
	3205	+	9 navigable waters and air space located therein.
	3206	+	10 (b) The governing and administrative powers of the
	3207	+	11 Authority shall be vested in a body consisting of 27 members as
	3208	+	12 follows:
	3209	+	13 (1) Public members. Nine members shall be appointed by
	3210	+	14 the Governor with the advice and consent of the Senate.
	3211	+	15 The county board chairmen of the following counties shall
	3212	+	16 each appoint one member: Clark, Clay, Crawford,
	3213	+	17 Cumberland, Edwards, Effingham, Fayette, Hamilton, Jasper,
	3214	+	18 Jefferson, Lawrence, Marion, Richland, Wabash, Washington,
	3215	+	19 Wayne, and White.
	3216	+	20 (2) One member shall be appointed by the Director of
	3217	+	21 Commerce and Economic Opportunity.
	3218	+	22 All public members shall reside within the territorial
	3219	+	23 jurisdiction of the Authority. The public members shall be
	3220	+	24 persons of recognized ability and experience in one or more of
	3221	+	25 the following areas: economic development, finance, banking,
	3222	+	26 industrial development, state or local government, commercial
	3223	+
	3224	+
	3225	+
	3226	+
	3227	+
	3228	+	HB1131 Enrolled - 91 - LRB103 05007 AWJ 50020 b
	3229	+
	3230	+
	3231	+	HB1131 Enrolled- 92 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 92 - LRB103 05007 AWJ 50020 b
	3232	+	HB1131 Enrolled - 92 - LRB103 05007 AWJ 50020 b
	3233	+	1 agriculture, small business management, real estate
	3234	+	2 development, community development, venture finance, organized
	3235	+	3 labor, or civic or community organization.
	3236	+	4 (c) Fourteen members shall constitute a quorum, and the
	3237	+	5 Board may not meet or take any action without a quorum present.
	3238	+	6 (d) The chairman of the Authority shall be elected
	3239	+	7 annually by the Board.
	3240	+	8 (e) The terms of the initial members of the Authority
	3241	+	9 shall begin 30 days after the effective date of this Act. Of
	3242	+	10 the 10 original members appointed by the Governor and the
	3243	+	11 Director of Commerce and Economic Opportunity pursuant to
	3244	+	12 subsection (b), one shall serve until the third Monday in
	3245	+	13 January, 2005; one shall serve until the third Monday in
	3246	+	14 January, 2006; 2 shall serve until the third Monday in
	3247	+	15 January, 2007; 2 shall serve until the third Monday in
	3248	+	16 January, 2008; 2 shall serve until the third Monday in
	3249	+	17 January, 2009; and 2 shall serve until the third Monday in
	3250	+	18 January, 2010. The terms of the initial public members of the
	3251	+	19 Authority appointed by the county board chairmen shall begin
	3252	+	20 30 days after the effective date of this amendatory Act of the
	3253	+	21 97th General Assembly. The terms of the initial public members
	3254	+	22 appointed by the county board chairmen shall be determined by
	3255	+	23 lot, according to the following schedule: (i) 4 shall serve
	3256	+	24 until the third Monday in January, 2013, (ii) 4 shall serve
	3257	+	25 until the third Monday in January, 2014, (iii) 3 shall serve
	3258	+	26 until the third Monday in January, 2015, (iv) 3 shall serve
	3259	+
	3260	+
	3261	+
	3262	+
	3263	+
	3264	+	HB1131 Enrolled - 92 - LRB103 05007 AWJ 50020 b
	3265	+
	3266	+
	3267	+	HB1131 Enrolled- 93 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 93 - LRB103 05007 AWJ 50020 b
	3268	+	HB1131 Enrolled - 93 - LRB103 05007 AWJ 50020 b
	3269	+	1 until the third Monday in January, 2016, and (v) 3 shall serve
	3270	+	2 until the third Monday in January, 2017. All successors to
	3271	+	3 these initial members shall be appointed by the original
	3272	+	4 appointing authority pursuant to subsection (b), and shall
	3273	+	5 hold office for a term of 3 years commencing the third Monday
	3274	+	6 in January of the year in which their term commences, except in
	3275	+	7 the case of an appointment to fill a vacancy. Vacancies
	3276	+	8 occurring among the members shall be filled for the remainder
	3277	+	9 of the term. In case of a vacancy in a Governor-appointed
	3278	+	10 membership when the Senate is not in session, the Governor may
	3279	+	11 make a temporary appointment until the next meeting of the
	3280	+	12 Senate when a person shall be nominated to fill the office and,
	3281	+	13 upon confirmation by the Senate, he or she shall hold office
	3282	+	14 during the remainder of the term and until a successor is
	3283	+	15 appointed and qualified. Members of the Authority are not
	3284	+	16 entitled to compensation for their services as members but are
	3285	+	17 entitled to reimbursement for all necessary expenses incurred
	3286	+	18 in connection with the performance of their duties as members.
	3287	+	19 Members of the Board may participate in Board meetings by
	3288	+	20 teleconference or video conference.
	3289	+	21 (f) The Governor may remove any public member of the
	3290	+	22 Authority appointed by the Governor, and the Director of
	3291	+	23 Commerce and Economic Opportunity may remove any member
	3292	+	24 appointed by the Director, in case of incompetence, neglect of
	3293	+	25 duty, or malfeasance in office. The chairman of a county
	3294	+	26 board, with the approval of a majority vote of the county
	3295	+
	3296	+
	3297	+
	3298	+
	3299	+
	3300	+	HB1131 Enrolled - 93 - LRB103 05007 AWJ 50020 b
	3301	+
	3302	+
	3303	+	HB1131 Enrolled- 94 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 94 - LRB103 05007 AWJ 50020 b
	3304	+	HB1131 Enrolled - 94 - LRB103 05007 AWJ 50020 b
	3305	+	1 board, may remove any public member appointed by that chairman
	3306	+	2 in the case of incompetence, neglect of duty, or malfeasance
	3307	+	3 in office.
	3308	+	4 (g) The Board shall appoint an Executive Director who
	3309	+	5 shall have a background in finance, including familiarity with
	3310	+	6 the legal and procedural requirements of issuing bonds, real
	3311	+	7 estate, or economic development and administration. The
	3312	+	8 Executive Director shall hold office at the discretion of the
	3313	+	9 Board. The Executive Director shall be the chief
	3314	+	10 administrative and operational officer of the Authority, shall
	3315	+	11 direct and supervise its administrative affairs and general
	3316	+	12 management, perform such other duties as may be prescribed
	3317	+	13 from time to time by the members, and receive compensation
	3318	+	14 fixed by the Authority. The Executive Director shall attend
	3319	+	15 all meetings of the Authority. However, no action of the
	3320	+	16 Authority shall be invalid on account of the absence of the
	3321	+	17 Executive Director from a meeting. The Authority may engage
	3322	+	18 the services of the Illinois Finance Authority, attorneys,
	3323	+	19 appraisers, engineers, accountants, credit analysts, and other
	3324	+	20 consultants, if the Southeastern Illinois Economic Development
	3325	+	21 Authority deems it advisable.
	3326	+	22 (Source: P.A. 97-717, eff. 6-29-12.)
	3327	+	23 (70 ILCS 518/26 new)
	3328	+	24 Sec. 26. Requests for assistance; disclosure of economic
	3329	+	25 interests.
	3330	+
	3331	+
	3332	+
	3333	+
	3334	+
	3335	+	HB1131 Enrolled - 94 - LRB103 05007 AWJ 50020 b
	3336	+
	3337	+
	3338	+	HB1131 Enrolled- 95 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 95 - LRB103 05007 AWJ 50020 b
	3339	+	HB1131 Enrolled - 95 - LRB103 05007 AWJ 50020 b
	3340	+	1 (a) The Authority may not hear a request for assistance
	3341	+	2 from a restricted person. This prohibition extends to business
	3342	+	3 relationships between a person who is an Authority leader
	3343	+	4 within one year prior to the request for assistance and to any
	3344	+	5 entity in which a restricted person holds or, within the past 2
	3345	+	6 years, held an ownership interest of 10% or more.
	3346	+	7 (b) An Authority leader shall disclose and recuse himself
	3347	+	8 or herself from matters relating to requests for assistance
	3348	+	9 from an entity that is relocating full-time employees from
	3349	+	10 another Authority's counties if (i) both Authorities contract
	3350	+	11 with or employ the same Authority leader or (ii) there is or,
	3351	+	12 within the past 2 years of the request, there was a business
	3352	+	13 relationship between the Authority leaders at the 2
	3353	+	14 Authorities.
	3354	+	15 (c) The Board of the Authority shall vote to renew the
	3355	+	16 appointment of the Executive Director and other Authority
	3356	+	17 leaders on an annual basis. All contracts shall be approved on
	3357	+	18 an annual basis and use a public process to solicit
	3358	+	19 applications. This requirement does not apply to full-time
	3359	+	20 employees of the Authority unless otherwise required by
	3360	+	21 applicable State law or local ordinance.
	3361	+	22 (d) Each Authority leader shall submit a statement of
	3362	+	23 economic interest in accordance with Article 4A of the
	3363	+	24 Illinois Governmental Ethics Act. Additionally, each Authority
	3364	+	25 leader shall disclose to the Board outside sources of income
	3365	+	26 and any business relationships in economic development
	3366	+
	3367	+
	3368	+
	3369	+
	3370	+
	3371	+	HB1131 Enrolled - 95 - LRB103 05007 AWJ 50020 b
	3372	+
	3373	+
	3374	+	HB1131 Enrolled- 96 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 96 - LRB103 05007 AWJ 50020 b
	3375	+	HB1131 Enrolled - 96 - LRB103 05007 AWJ 50020 b
	3376	+	1 consulting or lobbying. Reporting shall include the source of
	3377	+	2 income, services provided, and timeline of when services were
	3378	+	3 provided. If the source of income is a firm or organization
	3379	+	4 with multiple clients, the report shall list all of the
	3380	+	5 entities for which the individual provided services.
	3381	+	6 (70 ILCS 518/27 new)
	3382	+	7 Sec. 27. Open meetings; record disclosure.
	3383	+	8 (a) The Authority is subject to the Open Meetings Act and
	3384	+	9 the Freedom of Information Act. Documents subject to the
	3385	+	10 Freedom of Information Act include, but are not limited to,
	3386	+	11 expenses, payroll, origination bonuses, and other financial
	3387	+	12 details of the Authority.
	3388	+	13 (b) A contract or agreement entered into by the Authority
	3389	+	14 must be posted on the Authority's website. The Authority shall
	3390	+	15 provide a detailed report of the Authority's financial
	3391	+	16 information on the Authority's website, including, but not
	3392	+	17 limited to, a statement of profits and losses, balance sheet,
	3393	+	18 and income statement of the Authority.
	3394	+	19 (70 ILCS 518/70)
	3395	+	20 Sec. 70. Reports; commitment notice and audit.
	3396	+	21 (a) The Authority shall annually submit a report of its
	3397	+	22 finances to the Auditor General. The Authority shall annually
	3398	+	23 submit a report of its activities to the Governor and to the
	3399	+	24 General Assembly.
	3400	+
	3401	+
	3402	+
	3403	+
	3404	+
	3405	+	HB1131 Enrolled - 96 - LRB103 05007 AWJ 50020 b
	3406	+
	3407	+
	3408	+	HB1131 Enrolled- 97 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 97 - LRB103 05007 AWJ 50020 b
	3409	+	HB1131 Enrolled - 97 - LRB103 05007 AWJ 50020 b
	3410	+	1 (b) (Blank).
	3411	+	2 (c) The Authority shall provide notice to the General
	3412	+	3 Assembly, the Department of Commerce and Economic Opportunity,
	3413	+	4 and the Governor once the Authority enters into a commitment
	3414	+	5 to support the financing of a project. The notice to the
	3415	+	6 General Assembly shall be filed with the Clerk of the House of
	3416	+	7 Representatives and the Secretary of the Senate, in electronic
	3417	+	8 form only, in the manner that the Clerk and the Secretary shall
	3418	+	9 direct.
	3419	+	10 (Source: P.A. 98-750, eff. 1-1-15.)
	3420	+	11 Section 45. The Southern Illinois Economic Development
	3421	+	12 Authority Act is amended by changing Sections 5-15, 5-20, and
	3422	+	13 5-75 and by adding Sections 5-26 and 5-27 as follows:
	3423	+	14 (70 ILCS 519/5-15)
	3424	+	15 Sec. 5-15. Definitions. In this Act:
	3425	+	16 "Authority" means the Southern Illinois Economic
	3426	+	17 Development Authority.
	3427	+	18 "Authority leader" means the Executive Director, Assistant
	3428	+	19 Executive Director, or any other person serving in a
	3429	+	20 management, administrative, or leadership role at the
	3430	+	21 Authority.
	3431	+	22 "Governmental agency" means any federal, State, or local
	3432	+	23 governmental body and any agency or instrumentality thereof,
	3433	+	24 corporate or otherwise.
	3434	+
	3435	+
	3436	+
	3437	+
	3438	+
	3439	+	HB1131 Enrolled - 97 - LRB103 05007 AWJ 50020 b
	3440	+
	3441	+
	3442	+	HB1131 Enrolled- 98 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 98 - LRB103 05007 AWJ 50020 b
	3443	+	HB1131 Enrolled - 98 - LRB103 05007 AWJ 50020 b
	3444	+	1 "Person" means any natural person, firm, partnership,
	3445	+	2 corporation, both domestic and foreign, company, association
	3446	+	3 or joint stock association and includes any trustee, receiver,
	3447	+	4 assignee or personal representative thereof.
	3448	+	5 "Restricted person" means a person who has a familial or
	3449	+	6 business relationship with an Authority leader.
	3450	+	7 "Revenue bond" means any bond issued by the Authority, the
	3451	+	8 principal and interest of which is payable solely from
	3452	+	9 revenues or income derived from any project or activity of the
	3453	+	10 Authority.
	3454	+	11 "Board" means the Board of Directors of the Southern
	3455	+	12 Illinois Economic Development Authority.
	3456	+	13 "Governor" means the Governor of the State of Illinois.
	3457	+	14 "City" means any city, village, incorporated town, or
	3458	+	15 township within the geographical territory of the Authority.
	3459	+	16 "Industrial project" means the following:
	3460	+	17 (1) a capital project, including one or more buildings
	3461	+	18 and other structures, improvements, machinery and
	3462	+	19 equipment whether or not on the same site or sites now
	3463	+	20 existing or hereafter acquired, suitable for use by any
	3464	+	21 manufacturing, industrial, research, transportation or
	3465	+	22 commercial enterprise including but not limited to use as
	3466	+	23 a factory, mill, processing plant, assembly plant,
	3467	+	24 packaging plant, fabricating plant, ethanol plant, office
	3468	+	25 building, industrial distribution center, warehouse,
	3469	+	26 repair, overhaul or service facility, freight terminal,
	3470	+
	3471	+
	3472	+
	3473	+
	3474	+
	3475	+	HB1131 Enrolled - 98 - LRB103 05007 AWJ 50020 b
	3476	+
	3477	+
	3478	+	HB1131 Enrolled- 99 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 99 - LRB103 05007 AWJ 50020 b
	3479	+	HB1131 Enrolled - 99 - LRB103 05007 AWJ 50020 b
	3480	+	1 research facility, test facility, railroad facility, port
	3481	+	2 facility, solid waste and wastewater treatment and
	3482	+	3 disposal sites and other pollution control facilities,
	3483	+	4 resource or waste reduction, recovery, treatment and
	3484	+	5 disposal facilities, and including also the sites thereof
	3485	+	6 and other rights in land therefore whether improved or
	3486	+	7 unimproved, site preparation and landscaping and all
	3487	+	8 appurtenances and facilities incidental thereto such as
	3488	+	9 utilities, access roads, railroad sidings, truck docking
	3489	+	10 and similar facilities, parking facilities, dockage,
	3490	+	11 wharfage, railroad roadbed, track, trestle, depot,
	3491	+	12 terminal, switching and signaling equipment or related
	3492	+	13 equipment and other improvements necessary or convenient
	3493	+	14 thereto; or
	3494	+	15 (2) any land, buildings, machinery or equipment
	3495	+	16 comprising an addition to or renovation, rehabilitation or
	3496	+	17 improvement of any existing capital project.
	3497	+	18 "Housing project" or "residential project" includes a
	3498	+	19 specific work or improvement undertaken to provide dwelling
	3499	+	20 accommodations, including the acquisition, construction or
	3500	+	21 rehabilitation of lands, buildings and community facilities
	3501	+	22 and in connection therewith to provide nonhousing facilities
	3502	+	23 which are an integral part of a planned large-scale project or
	3503	+	24 new community.
	3504	+	25 "Commercial project" means any project, including, but not
	3505	+	26 limited to, one or more buildings and other structures,
	3506	+
	3507	+
	3508	+
	3509	+
	3510	+
	3511	+	HB1131 Enrolled - 99 - LRB103 05007 AWJ 50020 b
	3512	+
	3513	+
	3514	+	HB1131 Enrolled- 100 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 100 - LRB103 05007 AWJ 50020 b
	3515	+	HB1131 Enrolled - 100 - LRB103 05007 AWJ 50020 b
	3516	+	1 improvements, machinery, and equipment, whether or not on the
	3517	+	2 same site or sites now existing or hereafter acquired,
	3518	+	3 suitable for use by any retail or wholesale concern,
	3519	+	4 distributorship, or agency.
	3520	+	5 "Project" means an industrial, housing, residential,
	3521	+	6 commercial, or service project, or any combination thereof,
	3522	+	7 provided that all uses fall within one of the categories
	3523	+	8 described above. Any project automatically includes all site
	3524	+	9 improvements and new construction involving sidewalks, sewers,
	3525	+	10 solid waste and wastewater treatment and disposal sites and
	3526	+	11 other pollution control facilities, resource or waste
	3527	+	12 reduction, recovery, treatment and disposal facilities, parks,
	3528	+	13 open spaces, wildlife sanctuaries, streets, highways, and
	3529	+	14 runways.
	3530	+	15 "Lease agreement" means an agreement in which a project
	3531	+	16 acquired by the Authority by purchase, gift, or lease is
	3532	+	17 leased to any person or corporation that will use, or cause the
	3533	+	18 project to be used, as a project, upon terms providing for
	3534	+	19 lease rental payments at least sufficient to pay, when due,
	3535	+	20 all principal of and interest and premium, if any, on any
	3536	+	21 bonds, notes, or other evidences of indebtedness of the
	3537	+	22 Authority, issued with respect to the project, providing for
	3538	+	23 the maintenance, insurance, and operation of the project on
	3539	+	24 terms satisfactory to the Authority and providing for
	3540	+	25 disposition of the project upon termination of the lease term,
	3541	+	26 including purchase options or abandonment of the premises,
	3542	+
	3543	+
	3544	+
	3545	+
	3546	+
	3547	+	HB1131 Enrolled - 100 - LRB103 05007 AWJ 50020 b
	3548	+
	3549	+
	3550	+	HB1131 Enrolled- 101 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 101 - LRB103 05007 AWJ 50020 b
	3551	+	HB1131 Enrolled - 101 - LRB103 05007 AWJ 50020 b
	3552	+	1 with other terms as may be deemed desirable by the Authority.
	3553	+	2 "Loan agreement" means any agreement in which the
	3554	+	3 Authority agrees to loan the proceeds of its bonds, notes, or
	3555	+	4 other evidences of indebtedness, issued with respect to a
	3556	+	5 project, to any person or corporation which will use or cause
	3557	+	6 the project to be used as a project, upon terms providing for
	3558	+	7 loan repayment installments at least sufficient to pay, when
	3559	+	8 due, all principal of and interest and premium, if any, on any
	3560	+	9 bonds, notes, or other evidences of indebtedness of the
	3561	+	10 Authority issued with respect to the project, providing for
	3562	+	11 maintenance, insurance, and operation of the project on terms
	3563	+	12 satisfactory to the Authority and providing for other terms
	3564	+	13 deemed advisable by the Authority.
	3565	+	14 "Financial aid" means the expenditure of Authority funds
	3566	+	15 or funds provided by the Authority for the development,
	3567	+	16 construction, acquisition or improvement of a project, through
	3568	+	17 the issuance of revenue bonds, notes, or other evidences of
	3569	+	18 indebtedness.
	3570	+	19 "Costs incurred in connection with the development,
	3571	+	20 construction, acquisition or improvement of a project" means
	3572	+	21 the following:
	3573	+	22 (1) the cost of purchase and construction of all lands
	3574	+	23 and improvements in connection therewith and equipment and
	3575	+	24 other property, rights, easements, and franchises acquired
	3576	+	25 which are deemed necessary for the construction;
	3577	+	26 (2) financing charges;
	3578	+
	3579	+
	3580	+
	3581	+
	3582	+
	3583	+	HB1131 Enrolled - 101 - LRB103 05007 AWJ 50020 b
	3584	+
	3585	+
	3586	+	HB1131 Enrolled- 102 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 102 - LRB103 05007 AWJ 50020 b
	3587	+	HB1131 Enrolled - 102 - LRB103 05007 AWJ 50020 b
	3588	+	1 (3) interest costs with respect to bonds, notes, and
	3589	+	2 other evidences of indebtedness of the Authority prior to
	3590	+	3 and during construction and for a period of 6 months
	3591	+	4 thereafter;
	3592	+	5 (4) engineering and legal expenses; and
	3593	+	6 (5) the costs of plans, specifications, surveys, and
	3594	+	7 estimates of costs and other expenses necessary or
	3595	+	8 incident to determining the feasibility or practicability
	3596	+	9 of any project, together with such other expenses as may
	3597	+	10 be necessary or incident to the financing, insuring,
	3598	+	11 acquisition, and construction of a specific project and
	3599	+	12 the placing of the same in operation.
	3600	+	13 (Source: P.A. 98-750, eff. 1-1-15.)
	3601	+	14 (70 ILCS 519/5-20)
	3602	+	15 Sec. 5-20. Creation.
	3603	+	16 (a) There is created a political subdivision, body
	3604	+	17 politic, and municipal corporation named the Southern Illinois
	3605	+	18 Economic Development Authority. The territorial jurisdiction
	3606	+	19 of the Authority is that geographic area within the boundaries
	3607	+	20 of the following counties: Franklin, Perry, Randolph, Jackson,
	3608	+	21 Williamson, Saline, Gallatin, Union, Johnson, Pope, Hardin,
	3609	+	22 Alexander, Pulaski, and Massac and any navigable waters and
	3610	+	23 air space located therein.
	3611	+	24 (b) The governing and administrative powers of the
	3612	+	25 Authority shall be vested in a body consisting of 21 members as
	3613	+
	3614	+
	3615	+
	3616	+
	3617	+
	3618	+	HB1131 Enrolled - 102 - LRB103 05007 AWJ 50020 b
	3619	+
	3620	+
	3621	+	HB1131 Enrolled- 103 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 103 - LRB103 05007 AWJ 50020 b
	3622	+	HB1131 Enrolled - 103 - LRB103 05007 AWJ 50020 b
	3623	+	1 follows:
	3624	+	2 (1) Ex officio member. The Director of Commerce and
	3625	+	3 Economic Opportunity, or a designee of that Department,
	3626	+	4 shall serve as an ex officio member.
	3627	+	5 (2) Public members. Six members shall be appointed by
	3628	+	6 the Governor with the advice and consent of the Senate.
	3629	+	7 The county board chairmen of the following counties shall
	3630	+	8 each appoint one member: Franklin, Perry, Randolph,
	3631	+	9 Jackson, Williamson, Saline, Gallatin, Union, Johnson,
	3632	+	10 Pope, Hardin, Alexander, Pulaski, and Massac. All public
	3633	+	11 members shall reside within the territorial jurisdiction
	3634	+	12 of the Authority. The public members shall be persons of
	3635	+	13 recognized ability and experience in one or more of the
	3636	+	14 following areas: economic development, finance, banking,
	3637	+	15 industrial development, state or local government,
	3638	+	16 commercial agriculture, small business management, real
	3639	+	17 estate development, community development, venture
	3640	+	18 finance, organized labor, or civic or community
	3641	+	19 organization.
	3642	+	20 (c) 11 members shall constitute a quorum, and the Board
	3643	+	21 may not meet or take any action without a quorum present.
	3644	+	22 (d) The chairman of the Authority shall be elected
	3645	+	23 annually by the Board and must be a public member that resides
	3646	+	24 within the territorial jurisdiction of the Authority.
	3647	+	25 (e) The terms of all initial members of the Authority
	3648	+	26 shall begin 30 days after the effective date of this Act. Of
	3649	+
	3650	+
	3651	+
	3652	+
	3653	+
	3654	+	HB1131 Enrolled - 103 - LRB103 05007 AWJ 50020 b
	3655	+
	3656	+
	3657	+	HB1131 Enrolled- 104 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 104 - LRB103 05007 AWJ 50020 b
	3658	+	HB1131 Enrolled - 104 - LRB103 05007 AWJ 50020 b
	3659	+	1 the 6 original public members appointed by the Governor, 2
	3660	+	2 shall serve until the third Monday in January, 2007; 1 shall
	3661	+	3 serve until the third Monday in January, 2008; 1 shall serve
	3662	+	4 until the third Monday in January, 2009; 1 shall serve until
	3663	+	5 the third Monday in January, 2010; and 1 shall serve until the
	3664	+	6 third Monday in January, 2011. The initial terms of the
	3665	+	7 original public members appointed by the county board chairmen
	3666	+	8 shall be determined by lot, according to the following
	3667	+	9 schedule: (i) 3 shall serve until the third Monday in January,
	3668	+	10 2007, (ii) 3 shall serve until the third Monday in January,
	3669	+	11 2008, (iii) 3 shall serve until the third Monday in January,
	3670	+	12 2009, (iv) 3 shall serve until the third Monday in January,
	3671	+	13 2010, and (v) 2 shall serve until the third Monday in January,
	3672	+	14 2011. All successors to these original public members shall be
	3673	+	15 appointed by the original appointing authority and all
	3674	+	16 appointments made by the Governor shall be made with the
	3675	+	17 advice and consent of the Senate, pursuant to subsection (b),
	3676	+	18 and shall hold office for a term of 6 years commencing the
	3677	+	19 third Monday in January of the year in which their term
	3678	+	20 commences, except in the case of an appointment to fill a
	3679	+	21 vacancy. Vacancies occurring among the public members shall be
	3680	+	22 filled for the remainder of the term. In case of vacancy in a
	3681	+	23 Governor-appointed membership when the Senate is not in
	3682	+	24 session, the Governor may make a temporary appointment until
	3683	+	25 the next meeting of the Senate when a person shall be nominated
	3684	+	26 to fill the office and, upon confirmation by the Senate, he or
	3685	+
	3686	+
	3687	+
	3688	+
	3689	+
	3690	+	HB1131 Enrolled - 104 - LRB103 05007 AWJ 50020 b
	3691	+
	3692	+
	3693	+	HB1131 Enrolled- 105 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 105 - LRB103 05007 AWJ 50020 b
	3694	+	HB1131 Enrolled - 105 - LRB103 05007 AWJ 50020 b
	3695	+	1 she shall hold office during the remainder of the term and
	3696	+	2 until a successor is appointed and qualified. Members of the
	3697	+	3 Authority are not entitled to compensation for their services
	3698	+	4 as members but are entitled to reimbursement for all necessary
	3699	+	5 expenses incurred in connection with the performance of their
	3700	+	6 duties as members.
	3701	+	7 (f) The Governor may remove any public member of the
	3702	+	8 Authority in case of incompetence, neglect of duty, or
	3703	+	9 malfeasance in office. The chairman of a county board may
	3704	+	10 remove any public member appointed by that chairman in the
	3705	+	11 case of incompetence, neglect of duty, or malfeasance in
	3706	+	12 office.
	3707	+	13 (g) The Board shall appoint an Executive Director who
	3708	+	14 shall have a background in finance, including familiarity with
	3709	+	15 the legal and procedural requirements of issuing bonds, real
	3710	+	16 estate, or economic development and administration. The
	3711	+	17 Executive Director shall hold office at the discretion of the
	3712	+	18 Board. The Executive Director shall be the chief
	3713	+	19 administrative and operational officer of the Authority, shall
	3714	+	20 direct and supervise its administrative affairs and general
	3715	+	21 management, perform such other duties as may be prescribed
	3716	+	22 from time to time by the members, and receive compensation
	3717	+	23 fixed by the Authority. The Department of Commerce and
	3718	+	24 Community Affairs shall pay the compensation of the Executive
	3719	+	25 Director from appropriations received for that purpose. The
	3720	+	26 Executive Director shall attend all meetings of the Authority.
	3721	+
	3722	+
	3723	+
	3724	+
	3725	+
	3726	+	HB1131 Enrolled - 105 - LRB103 05007 AWJ 50020 b
	3727	+
	3728	+
	3729	+	HB1131 Enrolled- 106 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 106 - LRB103 05007 AWJ 50020 b
	3730	+	HB1131 Enrolled - 106 - LRB103 05007 AWJ 50020 b
	3731	+	1 However, no action of the Authority shall be invalid on
	3732	+	2 account of the absence of the Executive Director from a
	3733	+	3 meeting. The Authority may engage the services of the Illinois
	3734	+	4 Finance Authority, attorneys, appraisers, engineers,
	3735	+	5 accountants, credit analysts, and other consultants if the
	3736	+	6 Southern Illinois Economic Development Authority deems it
	3737	+	7 advisable.
	3738	+	8 (Source: P.A. 94-1021, eff. 7-12-06.)
	3739	+	9 (70 ILCS 519/5-26 new)
	3740	+	10 Sec. 5-26. Requests for assistance; disclosure of economic
	3741	+	11 interests.
	3742	+	12 (a) The Authority may not hear a request for assistance
	3743	+	13 from a restricted person. This prohibition extends to business
	3744	+	14 relationships between a person who is an Authority leader
	3745	+	15 within one year prior to the request for assistance and to any
	3746	+	16 entity in which a restricted person holds or, within the past 2
	3747	+	17 years, held an ownership interest of 10% or more.
	3748	+	18 (b) An Authority leader shall disclose and recuse himself
	3749	+	19 or herself from matters relating to requests for assistance
	3750	+	20 from an entity that is relocating full-time employees from
	3751	+	21 another Authority's counties if (i) both Authorities contract
	3752	+	22 with or employ the same Authority leader or (ii) there is or,
	3753	+	23 within the past 2 years of the request, there was a business
	3754	+	24 relationship between the Authority leaders at the 2
	3755	+	25 Authorities.
	3756	+
	3757	+
	3758	+
	3759	+
	3760	+
	3761	+	HB1131 Enrolled - 106 - LRB103 05007 AWJ 50020 b
	3762	+
	3763	+
	3764	+	HB1131 Enrolled- 107 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 107 - LRB103 05007 AWJ 50020 b
	3765	+	HB1131 Enrolled - 107 - LRB103 05007 AWJ 50020 b
	3766	+	1 (c) The Board of the Authority shall vote to renew the
	3767	+	2 appointment of the Executive Director and other Authority
	3768	+	3 leaders on an annual basis. All contracts shall be approved on
	3769	+	4 an annual basis and use a public process to solicit
	3770	+	5 applications. This requirement does not apply to full-time
	3771	+	6 employees of the Authority unless otherwise required by
	3772	+	7 applicable State law or local ordinance.
	3773	+	8 (d) Each Authority leader shall submit a statement of
	3774	+	9 economic interest in accordance with Article 4A of the
	3775	+	10 Illinois Governmental Ethics Act. Additionally, each Authority
	3776	+	11 leader shall disclose to the Board outside sources of income
	3777	+	12 and any business relationships in economic development
	3778	+	13 consulting or lobbying. Reporting shall include the source of
	3779	+	14 income, services provided, and timeline of when services were
	3780	+	15 provided. If the source of income is a firm or organization
	3781	+	16 with multiple clients, the report shall list all of the
	3782	+	17 entities for which the individual provided services.
	3783	+	18 (70 ILCS 519/5-27 new)
	3784	+	19 Sec. 5-27. Open meetings; record disclosure.
	3785	+	20 (a) The Authority is subject to the Open Meetings Act and
	3786	+	21 the Freedom of Information Act. Documents subject to the
	3787	+	22 Freedom of Information Act include, but are not limited to,
	3788	+	23 expenses, payroll, origination bonuses, and other financial
	3789	+	24 details of the Authority.
	3790	+	25 (b) A contract or agreement entered into by the Authority
	3791	+
	3792	+
	3793	+
	3794	+
	3795	+
	3796	+	HB1131 Enrolled - 107 - LRB103 05007 AWJ 50020 b
	3797	+
	3798	+
	3799	+	HB1131 Enrolled- 108 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 108 - LRB103 05007 AWJ 50020 b
	3800	+	HB1131 Enrolled - 108 - LRB103 05007 AWJ 50020 b
	3801	+	1 must be posted on the Authority's website. The Authority shall
	3802	+	2 provide a detailed report of the Authority's financial
	3803	+	3 information on the Authority's website, including, but not
	3804	+	4 limited to, a statement of profits and losses, balance sheet,
	3805	+	5 and income statement of the Authority.
	3806	+	6 (70 ILCS 519/5-75)
	3807	+	7 Sec. 5-75. Reports; commitment notice. The Authority shall
	3808	+	8 annually submit a report of its finances to the Auditor
	3809	+	9 General. The Authority shall annually submit a report of its
	3810	+	10 activities to the Governor and to the General Assembly.
	3811	+	11 The Authority shall provide notice to the General
	3812	+	12 Assembly, the Department of Commerce and Economic Opportunity,
	3813	+	13 and the Governor once the Authority enters into a commitment
	3814	+	14 to support the financing of a project. The notice to the
	3815	+	15 General Assembly shall be filed with the Clerk of the House of
	3816	+	16 Representatives and the Secretary of the Senate, in electronic
	3817	+	17 form only, in the manner that the Clerk and the Secretary shall
	3818	+	18 direct.
	3819	+	19 (Source: P.A. 94-1021, eff. 7-12-06.)
	3820	+	20 Section 50. The Southwestern Illinois Development
	3821	+	21 Authority Act is amended by changing Sections 3, 4, 5, 8, and
	3822	+	22 11.1 and by adding Sections 5.1 and 6.1 as follows:
	3823	+	23 (70 ILCS 520/3) (from Ch. 85, par. 6153)
	3824	+
	3825	+
	3826	+
	3827	+
	3828	+
	3829	+	HB1131 Enrolled - 108 - LRB103 05007 AWJ 50020 b
	3830	+
	3831	+
	3832	+	HB1131 Enrolled- 109 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 109 - LRB103 05007 AWJ 50020 b
	3833	+	HB1131 Enrolled - 109 - LRB103 05007 AWJ 50020 b
	3834	+	1 Sec. 3. The following terms, whenever used or referred to
	3835	+	2 in this Act, shall have the following meanings, except in such
	3836	+	3 instances where the context may clearly indicate otherwise:
	3837	+	4 (a) "Authority" means the Southwestern Illinois
	3838	+	5 Development Authority created by this Act.
	3839	+	6 (a-5) "Authority leader" means the Executive Director,
	3840	+	7 Assistant Executive Director, or any other person serving in a
	3841	+	8 management, administrative, or leadership role at the
	3842	+	9 Authority.
	3843	+	10 (b) "Governmental agency" means any federal, State or
	3844	+	11 local governmental body, and any agency or instrumentality
	3845	+	12 thereof, corporate or otherwise.
	3846	+	13 (c) "Person" means any natural person, firm, partnership,
	3847	+	14 corporation, both domestic and foreign, company, association
	3848	+	15 or joint stock association and includes any trustee, receiver,
	3849	+	16 assignee or personal representative thereof.
	3850	+	17 (c-5) "Restricted person" means a person who has a
	3851	+	18 familial or business relationship with an Authority leader.
	3852	+	19 (d) "Revenue bond" means any bond issued by the Authority
	3853	+	20 the principal and interest of which is payable solely from
	3854	+	21 revenues or income derived from any project or activity of the
	3855	+	22 Authority.
	3856	+	23 (e) "Board" means the Southwestern Illinois Development
	3857	+	24 Authority Board of Directors.
	3858	+	25 (f) "Governor" means the Governor of the State of
	3859	+	26 Illinois.
	3860	+
	3861	+
	3862	+
	3863	+
	3864	+
	3865	+	HB1131 Enrolled - 109 - LRB103 05007 AWJ 50020 b
	3866	+
	3867	+
	3868	+	HB1131 Enrolled- 110 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 110 - LRB103 05007 AWJ 50020 b
	3869	+	HB1131 Enrolled - 110 - LRB103 05007 AWJ 50020 b
	3870	+	1 (g) "City" means any city, village, incorporated town or
	3871	+	2 township within the geographical territory of the Authority.
	3872	+	3 (h) "Industrial project" means (1) a capital project,
	3873	+	4 including one or more buildings and other structures,
	3874	+	5 improvements, machinery and equipment whether or not on the
	3875	+	6 same site or sites now existing or hereafter acquired,
	3876	+	7 suitable for use by any manufacturing, industrial, research,
	3877	+	8 transportation or commercial enterprise including but not
	3878	+	9 limited to use as a factory, mill, processing plant, assembly
	3879	+	10 plant, packaging plant, fabricating plant, office building,
	3880	+	11 industrial distribution center, warehouse, repair, overhaul or
	3881	+	12 service facility, freight terminal, research facility, test
	3882	+	13 facility, railroad facility, solid waste and wastewater
	3883	+	14 treatment and disposal sites and other pollution control
	3884	+	15 facilities, resource or waste reduction, recovery, treatment
	3885	+	16 and disposal facilities, and including also the sites thereof
	3886	+	17 and other rights in land therefor whether improved or
	3887	+	18 unimproved, site preparation and landscaping and all
	3888	+	19 appurtenances and facilities incidental thereto such as
	3889	+	20 utilities, access roads, railroad sidings, truck docking and
	3890	+	21 similar facilities, parking facilities, dockage, wharfage,
	3891	+	22 railroad roadbed, track, trestle, depot, terminal, switching
	3892	+	23 and signaling equipment or related equipment and other
	3893	+	24 improvements necessary or convenient thereto; or (2) any land,
	3894	+	25 buildings, machinery or equipment comprising an addition to or
	3895	+	26 renovation, rehabilitation or improvement of any existing
	3896	+
	3897	+
	3898	+
	3899	+
	3900	+
	3901	+	HB1131 Enrolled - 110 - LRB103 05007 AWJ 50020 b
	3902	+
	3903	+
	3904	+	HB1131 Enrolled- 111 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 111 - LRB103 05007 AWJ 50020 b
	3905	+	HB1131 Enrolled - 111 - LRB103 05007 AWJ 50020 b
	3906	+	1 capital project.
	3907	+	2 (i) "Housing project" or "residential project" includes a
	3908	+	3 specific work or improvement undertaken to provide dwelling
	3909	+	4 accommodations, including the acquisition, construction or
	3910	+	5 rehabilitation of lands, buildings and community facilities
	3911	+	6 and in connection therewith to provide nonhousing facilities
	3912	+	7 which are an integral part of a planned large-scale project or
	3913	+	8 new community.
	3914	+	9 (j) "Commercial project" means any project, including but
	3915	+	10 not limited to one or more buildings and other structures,
	3916	+	11 improvements, machinery and equipment whether or not on the
	3917	+	12 same site or sites now existing or hereafter acquired,
	3918	+	13 suitable for use by any retail or wholesale concern,
	3919	+	14 distributorship or agency, any cultural facilities of a
	3920	+	15 for-profit or not-for-profit type including but not limited to
	3921	+	16 educational, theatrical, recreational and entertainment,
	3922	+	17 sports facilities, racetracks, stadiums, convention centers,
	3923	+	18 exhibition halls, arenas, opera houses and theaters,
	3924	+	19 waterfront improvements, swimming pools, boat storage,
	3925	+	20 moorage, docking facilities, restaurants, velodromes,
	3926	+	21 coliseums, sports training facilities, parking facilities,
	3927	+	22 terminals, hotels and motels, gymnasiums, medical facilities
	3928	+	23 and port facilities.
	3929	+	24 (k) "Unit of local government" means a unit of local
	3930	+	25 government, as defined in Section 1 of Article VII of the
	3931	+	26 Illinois Constitution, and any local public entity as that
	3932	+
	3933	+
	3934	+
	3935	+
	3936	+
	3937	+	HB1131 Enrolled - 111 - LRB103 05007 AWJ 50020 b
	3938	+
	3939	+
	3940	+	HB1131 Enrolled- 112 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 112 - LRB103 05007 AWJ 50020 b
	3941	+	HB1131 Enrolled - 112 - LRB103 05007 AWJ 50020 b
	3942	+	1 term is defined in the Local Governmental and Governmental
	3943	+	2 Employees Tort Immunity Act and such unit of local government
	3944	+	3 or local public entity is located within the geographical
	3945	+	4 territory of the Authority or, for the purposes of the Flood
	3946	+	5 Prevention District Act, is located within Monroe County,
	3947	+	6 Illinois.
	3948	+	7 (l) "Local government project" means a project or other
	3949	+	8 undertaking that is authorized or required by law to be
	3950	+	9 acquired, constructed, reconstructed, equipped, improved,
	3951	+	10 rehabilitated, replaced, maintained, or otherwise undertaken
	3952	+	11 in any manner by a unit of local government.
	3953	+	12 (m) "Local government security" means a bond, note, or
	3954	+	13 other evidence of indebtedness that a unit of local government
	3955	+	14 is legally authorized to issue for the purpose of financing a
	3956	+	15 public purpose project or to issue for any other lawful public
	3957	+	16 purpose under any provision of the Illinois Constitution or
	3958	+	17 laws of this State, whether the obligation is payable from
	3959	+	18 taxes or revenues, rates, charges, assessments,
	3960	+	19 appropriations, grants, or any other lawful source or
	3961	+	20 combination thereof, and specifically includes, without
	3962	+	21 limitation, obligations under any lease or lease purchase
	3963	+	22 agreement lawfully entered into by the unit of local
	3964	+	23 government for the acquisition or use of facilities or
	3965	+	24 equipment.
	3966	+	25 (n) "Project" means an industrial, housing, residential,
	3967	+	26 commercial, local government, or service project or any
	3968	+
	3969	+
	3970	+
	3971	+
	3972	+
	3973	+	HB1131 Enrolled - 112 - LRB103 05007 AWJ 50020 b
	3974	+
	3975	+
	3976	+	HB1131 Enrolled- 113 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 113 - LRB103 05007 AWJ 50020 b
	3977	+	HB1131 Enrolled - 113 - LRB103 05007 AWJ 50020 b
	3978	+	1 combination thereof provided that all uses shall fall within
	3979	+	2 one of the categories described above. Any project, of any
	3980	+	3 nature whatsoever, shall automatically include all site
	3981	+	4 improvements and new construction involving sidewalks, sewers,
	3982	+	5 solid waste and wastewater treatment and disposal sites and
	3983	+	6 other pollution control facilities, resource or waste
	3984	+	7 reduction, recovery, treatment and disposal facilities, parks,
	3985	+	8 open spaces, wildlife sanctuaries, streets, highways and
	3986	+	9 runways.
	3987	+	10 (o) "Lease agreement" shall mean an agreement whereby a
	3988	+	11 project acquired by the Authority by purchase, gift or lease
	3989	+	12 is leased to any person or corporation which will use or cause
	3990	+	13 the project to be used as a project as heretofore defined upon
	3991	+	14 terms providing for lease rental payments at least sufficient
	3992	+	15 to pay when due all principal of and interest and premium, if
	3993	+	16 any, on any bonds, notes or other evidences of indebtedness of
	3994	+	17 the Authority issued with respect to such project, providing
	3995	+	18 for the maintenance, insurance and operation of the project on
	3996	+	19 terms satisfactory to the Authority and providing for
	3997	+	20 disposition of the project upon termination of the lease term,
	3998	+	21 including purchase options or abandonment of the premises,
	3999	+	22 with such other terms as may be deemed desirable by the
	4000	+	23 Authority.
	4001	+	24 (p) "Loan agreement" means any agreement pursuant to which
	4002	+	25 the Authority agrees to loan the proceeds of its bonds, notes
	4003	+	26 or other evidences of indebtedness issued with respect to a
	4004	+
	4005	+
	4006	+
	4007	+
	4008	+
	4009	+	HB1131 Enrolled - 113 - LRB103 05007 AWJ 50020 b
	4010	+
	4011	+
	4012	+	HB1131 Enrolled- 114 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 114 - LRB103 05007 AWJ 50020 b
	4013	+	HB1131 Enrolled - 114 - LRB103 05007 AWJ 50020 b
	4014	+	1 project to any person or corporation which will use or cause
	4015	+	2 the project to be used as a project as heretofore defined upon
	4016	+	3 terms providing for loan repayment installments at least
	4017	+	4 sufficient to pay when due all principal of and interest and
	4018	+	5 premium, if any, on any bonds, notes or other evidences of
	4019	+	6 indebtedness of the Authority issued with respect to the
	4020	+	7 project, providing for maintenance, insurance and operation of
	4021	+	8 the project on terms satisfactory to the Authority and
	4022	+	9 providing for other matters as may be deemed advisable by the
	4023	+	10 Authority.
	4024	+	11 (q) "Financial aid" means the expenditure of Authority
	4025	+	12 funds or funds provided by the Authority through the issuance
	4026	+	13 of its revenue bonds, notes or other evidences of indebtedness
	4027	+	14 for the development, construction, acquisition or improvement
	4028	+	15 of a project.
	4029	+	16 (r) "Costs incurred in connection with the development,
	4030	+	17 construction, acquisition or improvement of a project" means
	4031	+	18 the following: the cost of purchase and construction of all
	4032	+	19 lands and improvements in connection therewith and equipment
	4033	+	20 and other property, rights, easements and franchises acquired
	4034	+	21 which are deemed necessary for such construction; financing
	4035	+	22 charges; interest costs with respect to bonds, notes and other
	4036	+	23 evidences of indebtedness of the Authority prior to and during
	4037	+	24 construction and for a period of 6 months thereafter;
	4038	+	25 engineering and legal expenses; the costs of plans,
	4039	+	26 specifications, surveys and estimates of costs and other
	4040	+
	4041	+
	4042	+
	4043	+
	4044	+
	4045	+	HB1131 Enrolled - 114 - LRB103 05007 AWJ 50020 b
	4046	+
	4047	+
	4048	+	HB1131 Enrolled- 115 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 115 - LRB103 05007 AWJ 50020 b
	4049	+	HB1131 Enrolled - 115 - LRB103 05007 AWJ 50020 b
	4050	+	1 expenses necessary or incident to determining the feasibility
	4051	+	2 or practicability of any project, together with such other
	4052	+	3 expenses as may be necessary or incident to the financing,
	4053	+	4 insuring, acquisition and construction of a specific project
	4054	+	5 and the placing of the same in operation.
	4055	+	6 (s) "Terminal" means a public place, station or depot for
	4056	+	7 receiving and delivering passengers, baggage, mail, freight or
	4057	+	8 express matter and any combination thereof in connection with
	4058	+	9 the transportation of persons and property on water or land or
	4059	+	10 in the air.
	4060	+	11 (t) "Terminal facilities" means all land, buildings,
	4061	+	12 structures, improvements, equipment and appliances useful in
	4062	+	13 the operation of public warehouse, storage and transportation
	4063	+	14 facilities and industrial, manufacturing or commercial
	4064	+	15 activities for the accommodation of or in connection with
	4065	+	16 commerce by water or land or in the air or useful as an aid, or
	4066	+	17 constituting an advantage or convenience to, the safe landing,
	4067	+	18 taking off and navigation of aircraft or the safe and
	4068	+	19 efficient operation or maintenance of a public airport.
	4069	+	20 (u) "Port facilities" means all public structures, except
	4070	+	21 terminal facilities as defined herein, that are in, over,
	4071	+	22 under or adjacent to navigable waters and are necessary for or
	4072	+	23 incident to the furtherance of water commerce and includes the
	4073	+	24 widening and deepening of slips, harbors and navigable waters.
	4074	+	25 (v) "Airport" means any locality, either land or water,
	4075	+	26 which is used or designed for the landing and taking off of
	4076	+
	4077	+
	4078	+
	4079	+
	4080	+
	4081	+	HB1131 Enrolled - 115 - LRB103 05007 AWJ 50020 b
	4082	+
	4083	+
	4084	+	HB1131 Enrolled- 116 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 116 - LRB103 05007 AWJ 50020 b
	4085	+	HB1131 Enrolled - 116 - LRB103 05007 AWJ 50020 b
	4086	+	1 aircraft or for the location of runways, landing fields,
	4087	+	2 aerodromes, hangars, buildings, structures, airport roadways
	4088	+	3 and other facilities.
	4089	+	4 (Source: P.A. 95-723, eff. 6-23-08.)
	4090	+	5 (70 ILCS 520/4) (from Ch. 85, par. 6154)
	4091	+	6 Sec. 4. (a) There is hereby created a political
	4092	+	7 subdivision, body politic and municipal corporation named the
	4093	+	8 Southwestern Illinois Development Authority. The territorial
	4094	+	9 jurisdiction of the Authority is that geographic area within
	4095	+	10 the boundaries of Madison, St. Clair, Bond, and Clinton, and
	4096	+	11 Monroe counties in the State of Illinois and any navigable
	4097	+	12 waters and air space located therein.
	4098	+	13 (b) The governing and administrative powers of the
	4099	+	14 Authority shall be vested in a body consisting of 15 voting 14
	4100	+	15 members including, as ex officio members, the Director of
	4101	+	16 Commerce and Economic Opportunity, or his or her designee, and
	4102	+	17 the Secretary of Transportation, or his or her designee. The
	4103	+	18 other 13 voting 12 members of the Authority shall be
	4104	+	19 designated "public members", 6 of whom shall be appointed by
	4105	+	20 the Governor with the advice and consent of the Senate, 2 of
	4106	+	21 whom shall be appointed by the county board chairman of
	4107	+	22 Madison County, 2 of whom shall be appointed by the county
	4108	+	23 board chairman of St. Clair County, one of whom shall be
	4109	+	24 appointed by the county board chairman of Bond County, and one
	4110	+	25 of whom shall be appointed by the county board chairman of
	4111	+
	4112	+
	4113	+
	4114	+
	4115	+
	4116	+	HB1131 Enrolled - 116 - LRB103 05007 AWJ 50020 b
	4117	+
	4118	+
	4119	+	HB1131 Enrolled- 117 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 117 - LRB103 05007 AWJ 50020 b
	4120	+	HB1131 Enrolled - 117 - LRB103 05007 AWJ 50020 b
	4121	+	1 Clinton County, and one of whom shall be appointed by the
	4122	+	2 county board chairman of Monroe County. All public members
	4123	+	3 shall reside within the territorial jurisdiction of this Act.
	4124	+	4 Eight voting members shall constitute a quorum, and the Board
	4125	+	5 may not meet or take any action without a quorum present. The
	4126	+	6 public members shall be persons of recognized ability and
	4127	+	7 experience in one or more of the following areas: economic
	4128	+	8 development, finance, banking, industrial development, small
	4129	+	9 business management, real estate development, community
	4130	+	10 development, venture finance, organized labor or civic,
	4131	+	11 community or neighborhood organization. The Chairman of the
	4132	+	12 Authority shall be elected by the Board annually from the
	4133	+	13 voting members appointed by the county board chairmen.
	4134	+	14 (c) Except as otherwise provided in this subsection, the
	4135	+	15 The terms of all members of the Authority shall begin 30 days
	4136	+	16 after the effective date of this Act. Of the 8 public members
	4137	+	17 initially appointed pursuant to this Act, 3 shall serve until
	4138	+	18 the third Monday in January, 1988, 3 shall serve until the
	4139	+	19 third Monday in January, 1989, and 2 shall serve until the
	4140	+	20 third Monday in January, 1990. The public members initially
	4141	+	21 appointed under this amendatory Act of the 94th General
	4142	+	22 Assembly shall serve until the third Monday in January, 2008.
	4143	+	23 The member initially appointed pursuant to this amendatory Act
	4144	+	24 of the 103rd General Assembly by the county board chairman of
	4145	+	25 Monroe County shall serve until the third Monday in January
	4146	+	26 2026. All successors shall be appointed by the original
	4147	+
	4148	+
	4149	+
	4150	+
	4151	+
	4152	+	HB1131 Enrolled - 117 - LRB103 05007 AWJ 50020 b
	4153	+
	4154	+
	4155	+	HB1131 Enrolled- 118 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 118 - LRB103 05007 AWJ 50020 b
	4156	+	HB1131 Enrolled - 118 - LRB103 05007 AWJ 50020 b
	4157	+	1 appointing authority and hold office for a term of 3 years
	4158	+	2 commencing the third Monday in January of the year in which
	4159	+	3 their term commences, except in case of an appointment to fill
	4160	+	4 a vacancy. Vacancies occurring among the public members shall
	4161	+	5 be filled for the remainder of the term. In case of vacancy in
	4162	+	6 a Governor-appointed membership when the Senate is not in
	4163	+	7 session, the Governor may make a temporary appointment until
	4164	+	8 the next meeting of the Senate when a person shall be nominated
	4165	+	9 to fill such office, and any person so nominated who is
	4166	+	10 confirmed by the Senate shall hold office during the remainder
	4167	+	11 of the term and until a successor shall be appointed and
	4168	+	12 qualified. Members of the Authority shall not be entitled to
	4169	+	13 compensation for their services as members but shall be
	4170	+	14 entitled to reimbursement for all necessary expenses incurred
	4171	+	15 in connection with the performance of their duties as members.
	4172	+	16 (d) The Governor may remove any public member of the
	4173	+	17 Authority in case of incompetency, neglect of duty, or
	4174	+	18 malfeasance in office.
	4175	+	19 (e) The Board shall appoint an Executive Director who
	4176	+	20 shall have a background in finance, including familiarity with
	4177	+	21 the legal and procedural requirements of issuing bonds, real
	4178	+	22 estate or economic development and administration. The
	4179	+	23 Executive Director shall hold office at the discretion of the
	4180	+	24 Board. The Executive Director shall be the chief
	4181	+	25 administrative and operational officer of the Authority, shall
	4182	+	26 direct and supervise its administrative affairs and general
	4183	+
	4184	+
	4185	+
	4186	+
	4187	+
	4188	+	HB1131 Enrolled - 118 - LRB103 05007 AWJ 50020 b
	4189	+
	4190	+
	4191	+	HB1131 Enrolled- 119 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 119 - LRB103 05007 AWJ 50020 b
	4192	+	HB1131 Enrolled - 119 - LRB103 05007 AWJ 50020 b
	4193	+	1 management, shall perform such other duties as may be
	4194	+	2 prescribed from time to time by the members and shall receive
	4195	+	3 compensation fixed by the Authority. The Executive Director
	4196	+	4 shall attend all meetings of the Authority; however, no action
	4197	+	5 of the Authority shall be invalid on account of the absence of
	4198	+	6 the Executive Director from a meeting. The Authority may
	4199	+	7 engage the services of such other agents and employees,
	4200	+	8 including attorneys, appraisers, engineers, accountants,
	4201	+	9 credit analysts and other consultants, as it may deem
	4202	+	10 advisable and may prescribe their duties and fix their
	4203	+	11 compensation.
	4204	+	12 (f) The Board may, by majority vote, nominate up to 4
	4205	+	13 non-voting members for appointment by the Governor. Non-voting
	4206	+	14 members shall be persons of recognized ability and experience
	4207	+	15 in one or more of the following areas: economic development,
	4208	+	16 finance, banking, industrial development, small business
	4209	+	17 management, real estate development, community development,
	4210	+	18 venture finance, organized labor, or civic, community, or
	4211	+	19 neighborhood organization. Non-voting members shall serve at
	4212	+	20 the pleasure of the Board. All non-voting members may attend
	4213	+	21 meetings of the Board and shall be reimbursed as provided in
	4214	+	22 subsection (c).
	4215	+	23 (g) The Board shall create a task force to study and make
	4216	+	24 recommendations to the Board on the economic development of
	4217	+	25 the city of East St. Louis and on the economic development of
	4218	+	26 the riverfront within the territorial jurisdiction of this
	4219	+
	4220	+
	4221	+
	4222	+
	4223	+
	4224	+	HB1131 Enrolled - 119 - LRB103 05007 AWJ 50020 b
	4225	+
	4226	+
	4227	+	HB1131 Enrolled- 120 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 120 - LRB103 05007 AWJ 50020 b
	4228	+	HB1131 Enrolled - 120 - LRB103 05007 AWJ 50020 b
	4229	+	1 Act. The members of the task force shall reside within the
	4230	+	2 territorial jurisdiction of this Act, shall serve at the
	4231	+	3 pleasure of the Board and shall be persons of recognized
	4232	+	4 ability and experience in one or more of the following areas:
	4233	+	5 economic development, finance, banking, industrial
	4234	+	6 development, small business management, real estate
	4235	+	7 development, community development, venture finance, organized
	4236	+	8 labor or civic, community or neighborhood organization. The
	4237	+	9 number of members constituting the task force shall be set by
	4238	+	10 the Board and may vary from time to time. The Board may set a
	4239	+	11 specific date by which the task force is to submit its final
	4240	+	12 report and recommendations to the Board.
	4241	+	13 (Source: P.A. 96-443, eff. 8-14-09.)
	4242	+	14 (70 ILCS 520/5) (from Ch. 85, par. 6155)
	4243	+	15 Sec. 5. All official acts of the Authority shall require
	4244	+	16 the approval of at least 8 voting members. It shall be the duty
	4245	+	17 of the Authority to promote development within the geographic
	4246	+	18 confines of Madison, Bond, Clinton, and St. Clair, and Monroe
	4247	+	19 counties. The Authority shall use the powers herein conferred
	4248	+	20 upon it to assist in the development, construction and
	4249	+	21 acquisition of industrial, commercial, housing or residential
	4250	+	22 projects within Madison, Bond, Clinton, and St. Clair, and
	4251	+	23 Monroe counties.
	4252	+	24 (Source: P.A. 94-1096, eff. 6-1-07.)
	4253	+
	4254	+
	4255	+
	4256	+
	4257	+
	4258	+	HB1131 Enrolled - 120 - LRB103 05007 AWJ 50020 b
	4259	+
	4260	+
	4261	+	HB1131 Enrolled- 121 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 121 - LRB103 05007 AWJ 50020 b
	4262	+	HB1131 Enrolled - 121 - LRB103 05007 AWJ 50020 b
	4263	+	1 (70 ILCS 520/5.1 new)
	4264	+	2 Sec. 5.1. Open meetings; record disclosure.
	4265	+	3 (a) The Authority is subject to the Open Meetings Act and
	4266	+	4 the Freedom of Information Act. Documents subject to the
	4267	+	5 Freedom of Information Act include, but are not limited to,
	4268	+	6 expenses, payroll, origination bonuses, and other financial
	4269	+	7 details of the Authority.
	4270	+	8 (b) A contract or agreement entered into by the Authority
	4271	+	9 must be posted on the Authority's website. The Authority shall
	4272	+	10 provide a detailed report of the Authority's financial
	4273	+	11 information on the Authority's website, including, but not
	4274	+	12 limited to, a statement of profits and losses, balance sheet,
	4275	+	13 and income statement of the Authority.
	4276	+	14 (70 ILCS 520/6.1 new)
	4277	+	15 Sec. 6.1. Commitment notice. The Authority shall provide
	4278	+	16 notice to the General Assembly, the Department of Commerce and
	4279	+	17 Economic Opportunity, and the Governor once the Authority
	4280	+	18 enters into a commitment to support the financing of a
	4281	+	19 project. The notice to the General Assembly shall be filed
	4282	+	20 with the Clerk of the House of Representatives and the
	4283	+	21 Secretary of the Senate, in electronic form only, in the
	4284	+	22 manner that the Clerk and the Secretary shall direct.
	4285	+	23 (70 ILCS 520/8) (from Ch. 85, par. 6158)
	4286	+	24 Sec. 8. (a) The Authority may, but need not, acquire title
	4287	+
	4288	+
	4289	+
	4290	+
	4291	+
	4292	+	HB1131 Enrolled - 121 - LRB103 05007 AWJ 50020 b
	4293	+
	4294	+
	4295	+	HB1131 Enrolled- 122 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 122 - LRB103 05007 AWJ 50020 b
	4296	+	HB1131 Enrolled - 122 - LRB103 05007 AWJ 50020 b
	4297	+	1 to any project with respect to which it exercises its
	4298	+	2 authority.
	4299	+	3 (b) The Authority shall have power to acquire by purchase,
	4300	+	4 lease, gift or otherwise any property or rights therein from
	4301	+	5 any person or persons, the State of Illinois, any municipal
	4302	+	6 corporation, any local unit of government, the government of
	4303	+	7 the United States and any agency or instrumentality of the
	4304	+	8 United States, any body politic or any county useful for its
	4305	+	9 purposes, whether improved for the purposes of any prospective
	4306	+	10 project or unimproved. The Authority may also accept any
	4307	+	11 donation of funds for its purposes from any such source. The
	4308	+	12 Authority may acquire any real property, or rights therein,
	4309	+	13 upon condemnation. The acquisition by eminent domain of such
	4310	+	14 real property or any interest therein by the Authority shall
	4311	+	15 be in the manner provided by the Eminent Domain Act, including
	4312	+	16 Article 20 thereof (quick-take power).
	4313	+	17 The Authority shall not exercise any quick-take eminent
	4314	+	18 domain powers granted by State law within the corporate limits
	4315	+	19 of a municipality unless the governing authority of the
	4316	+	20 municipality authorizes the Authority to do so. The Authority
	4317	+	21 shall not exercise any quick-take eminent domain powers
	4318	+	22 granted by State law within the unincorporated areas of a
	4319	+	23 county unless the county board authorizes the Authority to do
	4320	+	24 so.
	4321	+	25 (c) The Authority shall have power to develop, construct
	4322	+	26 and improve, either under its own direction or through
	4323	+
	4324	+
	4325	+
	4326	+
	4327	+
	4328	+	HB1131 Enrolled - 122 - LRB103 05007 AWJ 50020 b
	4329	+
	4330	+
	4331	+	HB1131 Enrolled- 123 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 123 - LRB103 05007 AWJ 50020 b
	4332	+	HB1131 Enrolled - 123 - LRB103 05007 AWJ 50020 b
	4333	+	1 collaboration with any approved applicant, or to acquire
	4334	+	2 through purchase or otherwise any project, using for such
	4335	+	3 purpose the proceeds derived from its sale of revenue bonds,
	4336	+	4 notes or other evidences of indebtedness or governmental loans
	4337	+	5 or grants and to hold title in the name of the Authority to
	4338	+	6 such projects.
	4339	+	7 (d) The Authority shall have the power to enter into
	4340	+	8 intergovernmental agreements with the State of Illinois, the
	4341	+	9 counties of Bond, Clinton, Madison, Monroe, and or St. Clair,
	4342	+	10 the Southwest Regional Port District, the Illinois Finance
	4343	+	11 Authority, the Illinois Housing Development Authority, the
	4344	+	12 Metropolitan Pier and Exposition Authority, the United States
	4345	+	13 government and any agency or instrumentality of the United
	4346	+	14 States, the city of East St. Louis, any unit of local
	4347	+	15 government located within the territory of the Authority or
	4348	+	16 any other unit of government to the extent allowed by Article
	4349	+	17 VII, Section 10 of the Illinois Constitution and the
	4350	+	18 Intergovernmental Cooperation Act.
	4351	+	19 (e) The Authority shall have the power to share employees
	4352	+	20 with other units of government, including agencies of the
	4353	+	21 United States, agencies of the State of Illinois and agencies
	4354	+	22 or personnel of any unit of local government.
	4355	+	23 (f) The Authority shall have the power to exercise powers
	4356	+	24 and issue bonds as if it were a municipality so authorized in
	4357	+	25 Divisions 12.1, 74, 74.1, 74.3 and 74.5 of Article 11 of the
	4358	+	26 Illinois Municipal Code.
	4359	+
	4360	+
	4361	+
	4362	+
	4363	+
	4364	+	HB1131 Enrolled - 123 - LRB103 05007 AWJ 50020 b
	4365	+
	4366	+
	4367	+	HB1131 Enrolled- 124 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 124 - LRB103 05007 AWJ 50020 b
	4368	+	HB1131 Enrolled - 124 - LRB103 05007 AWJ 50020 b
	4369	+	1 (Source: P.A. 93-205, eff. 1-1-04; 94-1055, eff. 1-1-07.)
	4370	+	2 (70 ILCS 520/11.1) (from Ch. 85, par. 6161.1)
	4371	+	3 Sec. 11.1. (a) No member of the Authority or officer,
	4372	+	4 agent, or employee of the Authority shall, in his or her own
	4373	+	5 name or in the name of a nominee, be an officer or director of
	4374	+	6 or hold an ownership of more than 7.5% in any person,
	4375	+	7 association, trust, corporation, partnership, or other entity
	4376	+	8 that is, in its own name or in the name of a nominee, a party
	4377	+	9 to a contract or agreement upon which the member, officer,
	4378	+	10 agent, or employee may be called upon to act or vote.
	4379	+	11 (b) With respect to any direct or any indirect interest,
	4380	+	12 other than an interest prohibited in subsection (a), in a
	4381	+	13 contract or agreement upon which the member, officer, agent,
	4382	+	14 or employee may be called upon to act or vote, the member,
	4383	+	15 officer, agent, or employee shall disclose that interest to
	4384	+	16 the secretary of the Authority before the taking of final
	4385	+	17 action by the Authority concerning that contract or agreement
	4386	+	18 and shall also disclose the nature and extent of that interest
	4387	+	19 and his or her acquisition of that interest, which disclosures
	4388	+	20 shall be publicly acknowledged by the Authority and entered
	4389	+	21 upon the minutes of the Authority. If a member of the Authority
	4390	+	22 or an officer, agent, or employee of the Authority holds such
	4391	+	23 an interest, then he or she shall refrain from any further
	4392	+	24 official involvement in regard to the contract or agreement,
	4393	+	25 from voting on any matter pertaining to the contract or
	4394	+
	4395	+
	4396	+
	4397	+
	4398	+
	4399	+	HB1131 Enrolled - 124 - LRB103 05007 AWJ 50020 b
	4400	+
	4401	+
	4402	+	HB1131 Enrolled- 125 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 125 - LRB103 05007 AWJ 50020 b
	4403	+	HB1131 Enrolled - 125 - LRB103 05007 AWJ 50020 b
	4404	+	1 agreement, and from communicating with other members of the
	4405	+	2 Authority or its officers, agents, and employees concerning
	4406	+	3 the contract or agreement. Notwithstanding any other provision
	4407	+	4 of law, any contract or agreement entered into in conformity
	4408	+	5 with this subsection (b) shall not be void or invalid by reason
	4409	+	6 of an interest described in this subsection, nor shall any
	4410	+	7 person so disclosing the interest and refraining from further
	4411	+	8 official involvement as provided in this subsection be guilty
	4412	+	9 of an offense, be removed from office, or be subject to any
	4413	+	10 other penalty on account of that interest.
	4414	+	11 (c) Any contract or agreement made in violation of
	4415	+	12 subsection (a) or (b) is void and gives rise to no action
	4416	+	13 against the Authority.
	4417	+	14 (d) The Authority may not hear a request for assistance
	4418	+	15 from a restricted person. This prohibition extends to business
	4419	+	16 relationships between a person who is an Authority leader
	4420	+	17 within one year prior to the request for assistance and to any
	4421	+	18 entity in which a restricted person holds or, within the past 2
	4422	+	19 years, held an ownership interest of 10% or more.
	4423	+	20 (e) An Authority leader shall disclose and recuse himself
	4424	+	21 or herself from matters relating to requests for assistance
	4425	+	22 from an entity that is relocating full-time employees from
	4426	+	23 another Authority's counties if (i) both Authorities contract
	4427	+	24 with or employ the same Authority leader or (ii) there is or,
	4428	+	25 within the past 2 years of the request, there was a business
	4429	+	26 relationship between the Authority leaders at the 2
	4430	+
	4431	+
	4432	+
	4433	+
	4434	+
	4435	+	HB1131 Enrolled - 125 - LRB103 05007 AWJ 50020 b
	4436	+
	4437	+
	4438	+	HB1131 Enrolled- 126 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 126 - LRB103 05007 AWJ 50020 b
	4439	+	HB1131 Enrolled - 126 - LRB103 05007 AWJ 50020 b
	4440	+	1 Authorities.
	4441	+	2 (f) The Board of the Authority shall vote to renew the
	4442	+	3 appointment of the Executive Director and other Authority
	4443	+	4 leaders on an annual basis. All contracts shall be approved on
	4444	+	5 an annual basis and use a public process to solicit
	4445	+	6 applications. This requirement does not apply to full-time
	4446	+	7 employees of the Authority unless otherwise required by
	4447	+	8 applicable State law or local ordinance.
	4448	+	9 (g) Each Authority leader shall submit a statement of
	4449	+	10 economic interest in accordance with Article 4A of the
	4450	+	11 Illinois Governmental Ethics Act. Additionally, each Authority
	4451	+	12 leader shall disclose to the Board outside sources of income
	4452	+	13 and any business relationships in economic development
	4453	+	14 consulting or lobbying. Reporting shall include the source of
	4454	+	15 income, services provided, and timeline of when services were
	4455	+	16 provided. If the source of income is a firm or organization
	4456	+	17 with multiple clients, the report shall list all of the
	4457	+	18 entities for which the individual provided services.
	4458	+	19 (Source: P.A. 86-1455.)
	4459	+	20 Section 55. The Tri-County River Valley Development
	4460	+	21 Authority Law is amended by changing Sections 2003, 2004,
	4461	+	22 2008, and 2013 and by adding Sections 2005.1 and 2005.2 as
	4462	+	23 follows:
	4463	+	24 (70 ILCS 525/2003) (from Ch. 85, par. 7503)
	4464	+
	4465	+
	4466	+
	4467	+
	4468	+
	4469	+	HB1131 Enrolled - 126 - LRB103 05007 AWJ 50020 b
	4470	+
	4471	+
	4472	+	HB1131 Enrolled- 127 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 127 - LRB103 05007 AWJ 50020 b
	4473	+	HB1131 Enrolled - 127 - LRB103 05007 AWJ 50020 b
	4474	+	1 Sec. 2003. Definitions. The following terms, whenever used
	4475	+	2 or referred to in this Article, shall have the following
	4476	+	3 meanings, except in such instances where the context may
	4477	+	4 clearly indicate otherwise:
	4478	+	5 (a) "Authority" means the Tri-County River Valley
	4479	+	6 Development Authority created by this Article.
	4480	+	7 (a-5) "Authority leader" means the Executive Director,
	4481	+	8 Assistant Executive Director, or any other person serving in a
	4482	+	9 management, administrative, or leadership role at the
	4483	+	10 Authority.
	4484	+	11 (b) "Governmental agency" means any federal, State or
	4485	+	12 local governmental body, and any agency or instrumentality
	4486	+	13 thereof, corporate or otherwise.
	4487	+	14 (c) "Person" means any natural person, firm, partnership,
	4488	+	15 corporation, both domestic and foreign, company, association
	4489	+	16 or joint stock association and includes any trustee, receiver,
	4490	+	17 assignee or personal representative thereof.
	4491	+	18 (c-5) "Restricted person" means a person who has a
	4492	+	19 familial or business relationship with an Authority leader.
	4493	+	20 (d) "Revenue bond" means any bond issued by the Authority
	4494	+	21 the principal and interest of which is payable solely from
	4495	+	22 revenues or income derived from any project or activity of the
	4496	+	23 Authority.
	4497	+	24 (e) "Board" means the Tri-County River Valley Development
	4498	+	25 Authority Board of Directors.
	4499	+	26 (f) "Governor" means the Governor of the State of
	4500	+
	4501	+
	4502	+
	4503	+
	4504	+
	4505	+	HB1131 Enrolled - 127 - LRB103 05007 AWJ 50020 b
	4506	+
	4507	+
	4508	+	HB1131 Enrolled- 128 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 128 - LRB103 05007 AWJ 50020 b
	4509	+	HB1131 Enrolled - 128 - LRB103 05007 AWJ 50020 b
	4510	+	1 Illinois.
	4511	+	2 (g) "City" means any city, village, incorporated town or
	4512	+	3 township within the geographical territory of the Authority.
	4513	+	4 (h) "Industrial project" means (1) a capital project,
	4514	+	5 including one or more buildings and other structures,
	4515	+	6 improvements, machinery and equipment whether or not on the
	4516	+	7 same site or sites now existing or hereafter acquired,
	4517	+	8 suitable for use by any manufacturing, industrial, research,
	4518	+	9 transportation or commercial enterprise including but not
	4519	+	10 limited to use as a factory, mill, processing plant, assembly
	4520	+	11 plant, packaging plant, fabricating plant, office building,
	4521	+	12 industrial distribution center, warehouse, repair, overhaul or
	4522	+	13 service facility, freight terminal, research facility, test
	4523	+	14 facility, railroad facility, solid waste and wastewater
	4524	+	15 treatment and disposal sites and other pollution control
	4525	+	16 facilities, resource or waste reduction, recovery, treatment
	4526	+	17 and disposal facilities, and including also the sites thereof
	4527	+	18 and other rights in land therefor whether improved or
	4528	+	19 unimproved, site preparation and landscaping and all
	4529	+	20 appurtenances and facilities incidental thereto such as
	4530	+	21 utilities, access roads, railroad sidings, truck docking and
	4531	+	22 similar facilities, parking facilities, dockage, wharfage,
	4532	+	23 railroad roadbed, track, trestle, depot, terminal, switching
	4533	+	24 and signaling equipment or related equipment and other
	4534	+	25 improvements necessary or convenient thereto; or (2) any land,
	4535	+	26 buildings, machinery or equipment comprising an addition to or
	4536	+
	4537	+
	4538	+
	4539	+
	4540	+
	4541	+	HB1131 Enrolled - 128 - LRB103 05007 AWJ 50020 b
	4542	+
	4543	+
	4544	+	HB1131 Enrolled- 129 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 129 - LRB103 05007 AWJ 50020 b
	4545	+	HB1131 Enrolled - 129 - LRB103 05007 AWJ 50020 b
	4546	+	1 renovation, rehabilitation or improvement of any existing
	4547	+	2 capital project.
	4548	+	3 (i) "Housing project" or "residential project" includes a
	4549	+	4 specific work or improvement undertaken to provide dwelling
	4550	+	5 accommodations, including the acquisition, construction or
	4551	+	6 rehabilitation of lands, buildings and community facilities
	4552	+	7 and in connection therewith to provide nonhousing facilities
	4553	+	8 which are an integral part of a planned large-scale project or
	4554	+	9 new community.
	4555	+	10 (j) "Commercial project" means any project, including but
	4556	+	11 not limited to one or more buildings and other structures,
	4557	+	12 improvements, machinery and equipment whether or not on the
	4558	+	13 same site or sites now existing or hereafter acquired,
	4559	+	14 suitable for use by any retail or wholesale concern,
	4560	+	15 distributorship or agency, any cultural facilities of a
	4561	+	16 for-profit or not-for-profit type including but not limited to
	4562	+	17 educational, theatrical, recreational and entertainment,
	4563	+	18 sports facilities, racetracks, stadiums, convention centers,
	4564	+	19 exhibition halls, arenas, opera houses and theaters,
	4565	+	20 waterfront improvements, swimming pools, boat storage,
	4566	+	21 moorage, docking facilities, restaurants, velodromes,
	4567	+	22 coliseums, sports training facilities, parking facilities,
	4568	+	23 terminals, hotels and motels, gymnasiums, medical facilities
	4569	+	24 and port facilities.
	4570	+	25 (k) "Project" means an industrial, housing, residential,
	4571	+	26 commercial or service project or any combination thereof
	4572	+
	4573	+
	4574	+
	4575	+
	4576	+
	4577	+	HB1131 Enrolled - 129 - LRB103 05007 AWJ 50020 b
	4578	+
	4579	+
	4580	+	HB1131 Enrolled- 130 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 130 - LRB103 05007 AWJ 50020 b
	4581	+	HB1131 Enrolled - 130 - LRB103 05007 AWJ 50020 b
	4582	+	1 provided that all uses shall fall within one of the categories
	4583	+	2 described above. Any project, of any nature whatsoever, shall
	4584	+	3 automatically include all site improvements and new
	4585	+	4 construction involving sidewalks, sewers, solid waste and
	4586	+	5 wastewater treatment and disposal sites and other pollution
	4587	+	6 control facilities, resource or waste reduction, recovery,
	4588	+	7 treatment and disposal facilities, parks, open spaces,
	4589	+	8 wildlife sanctuaries, streets, highways and runways.
	4590	+	9 (l) "Lease agreement" shall mean an agreement whereby a
	4591	+	10 project acquired by the Authority by purchase, gift or lease
	4592	+	11 is leased to any person or corporation which will use or cause
	4593	+	12 the project to be used as a project as heretofore defined upon
	4594	+	13 terms providing for lease rental payments at least sufficient
	4595	+	14 to pay when due all principal of and interest and premium, if
	4596	+	15 any, on any bonds, notes or other evidences of indebtedness of
	4597	+	16 the Authority issued with respect to such project, providing
	4598	+	17 for the maintenance, insurance and operation of the project on
	4599	+	18 terms satisfactory to the Authority and providing for
	4600	+	19 disposition of the project upon termination of the lease term,
	4601	+	20 including purchase options or abandonment of the premises,
	4602	+	21 with such other terms as may be deemed desirable by the
	4603	+	22 Authority.
	4604	+	23 (m) "Loan agreement" means any agreement pursuant to which
	4605	+	24 the Authority agrees to loan the proceeds of its bonds, notes
	4606	+	25 or other evidences of indebtedness issued with respect to a
	4607	+	26 project to any person or corporation which will use or cause
	4608	+
	4609	+
	4610	+
	4611	+
	4612	+
	4613	+	HB1131 Enrolled - 130 - LRB103 05007 AWJ 50020 b
	4614	+
	4615	+
	4616	+	HB1131 Enrolled- 131 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 131 - LRB103 05007 AWJ 50020 b
	4617	+	HB1131 Enrolled - 131 - LRB103 05007 AWJ 50020 b
	4618	+	1 the project to be used as a project as heretofore defined upon
	4619	+	2 terms providing for loan repayment installments at least
	4620	+	3 sufficient to pay when due all principal of and interest and
	4621	+	4 premium, if any, on any bonds, notes or other evidences of
	4622	+	5 indebtedness of the Authority issued with respect to the
	4623	+	6 project, providing for maintenance, insurance and operation of
	4624	+	7 the project on terms satisfactory to the Authority and
	4625	+	8 providing for other matters as may be deemed advisable by the
	4626	+	9 Authority.
	4627	+	10 (n) "Financial aid" means the expenditure of Authority
	4628	+	11 funds or funds provided by the Authority through the issuance
	4629	+	12 of its revenue bonds, notes or other evidences of indebtedness
	4630	+	13 for the development, construction, acquisition or improvement
	4631	+	14 of a project.
	4632	+	15 (o) "Costs incurred in connection with the development,
	4633	+	16 construction, acquisition or improvement of a project" means
	4634	+	17 the following: the cost of purchase and construction of all
	4635	+	18 lands and improvements in connection therewith and equipment
	4636	+	19 and other property, rights, easements and franchises acquired
	4637	+	20 which are deemed necessary for such construction; financing
	4638	+	21 charges; interest costs with respect to bonds, notes and other
	4639	+	22 evidences of indebtedness of the Authority prior to and during
	4640	+	23 construction and for a period of 6 months thereafter;
	4641	+	24 engineering and legal expenses; the costs of plans,
	4642	+	25 specifications, surveys and estimates of costs and other
	4643	+	26 expenses necessary or incident to determining the feasibility
	4644	+
	4645	+
	4646	+
	4647	+
	4648	+
	4649	+	HB1131 Enrolled - 131 - LRB103 05007 AWJ 50020 b
	4650	+
	4651	+
	4652	+	HB1131 Enrolled- 132 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 132 - LRB103 05007 AWJ 50020 b
	4653	+	HB1131 Enrolled - 132 - LRB103 05007 AWJ 50020 b
	4654	+	1 or practicability of any project, together with such other
	4655	+	2 expenses as may be necessary or incident to the financing,
	4656	+	3 insuring, acquisition and construction of a specific project
	4657	+	4 and the placing of the same in operation.
	4658	+	5 (p) "Terminal" means a public place, station or depot for
	4659	+	6 receiving and delivering passengers, baggage, mail, freight or
	4660	+	7 express matter and any combination thereof in connection with
	4661	+	8 the transportation of persons and property on water or land or
	4662	+	9 in the air.
	4663	+	10 (q) "Terminal facilities" means all land, buildings,
	4664	+	11 structures, improvements, equipment and appliances useful in
	4665	+	12 the operation of public warehouse, storage and transportation
	4666	+	13 facilities and industrial, manufacturing or commercial
	4667	+	14 activities for the accommodation of or in connection with
	4668	+	15 commerce by water or land or in the air or useful as an aid, or
	4669	+	16 constituting an advantage or convenience to, the safe landing,
	4670	+	17 taking off and navigation of aircraft or the safe and
	4671	+	18 efficient operation or maintenance of a public airport.
	4672	+	19 (r) "Port facilities" means all public structures, except
	4673	+	20 terminal facilities as defined herein, that are in, over,
	4674	+	21 under or adjacent to navigable waters and are necessary for or
	4675	+	22 incident to the furtherance of water commerce and includes the
	4676	+	23 widening and deepening of slips, harbors and navigable waters.
	4677	+	24 (s) "Airport" means any locality, either land or water,
	4678	+	25 which is used or designed for the landing and taking off of
	4679	+	26 aircraft or for the location of runways, landing fields,
	4680	+
	4681	+
	4682	+
	4683	+
	4684	+
	4685	+	HB1131 Enrolled - 132 - LRB103 05007 AWJ 50020 b
	4686	+
	4687	+
	4688	+	HB1131 Enrolled- 133 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 133 - LRB103 05007 AWJ 50020 b
	4689	+	HB1131 Enrolled - 133 - LRB103 05007 AWJ 50020 b
	4690	+	1 aerodromes, hangars, buildings, structures, airport roadways
	4691	+	2 and other facilities.
	4692	+	3 (Source: P.A. 86-1489.)
	4693	+	4 (70 ILCS 525/2004) (from Ch. 85, par. 7504)
	4694	+	5 Sec. 2004. Establishment.
	4695	+	6 (a) There is hereby created a political subdivision, body
	4696	+	7 politic and municipal corporation named the Tri-County River
	4697	+	8 Valley Development Authority. The territorial jurisdiction of
	4698	+	9 the Authority is that geographic area within the boundaries of
	4699	+	10 McLean, Peoria, Tazewell, and Woodford counties in the State
	4700	+	11 of Illinois and any navigable waters and air space located
	4701	+	12 therein.
	4702	+	13 (b) The governing and administrative powers of the
	4703	+	14 Authority shall be vested in a body consisting of 13 11 members
	4704	+	15 including, as ex officio members, the Director of Commerce and
	4705	+	16 Economic Opportunity, or his or her designee, and the Director
	4706	+	17 of Natural Resources, or that Director's designee. The other
	4707	+	18 11 9 members of the Authority shall be designated "public
	4708	+	19 members", 3 of whom shall be appointed by the Governor, 3 of
	4709	+	20 whom shall be appointed one each by the county board chairmen
	4710	+	21 of Peoria, Tazewell and Woodford counties and 5 3 of whom shall
	4711	+	22 be appointed one each by the city councils of Bloomington,
	4712	+	23 East Peoria, Normal, Pekin, and Peoria. All public members
	4713	+	24 shall reside within the territorial jurisdiction of this Act.
	4714	+	25 Seven Six members shall constitute a quorum, and the Board may
	4715	+
	4716	+
	4717	+
	4718	+
	4719	+
	4720	+	HB1131 Enrolled - 133 - LRB103 05007 AWJ 50020 b
	4721	+
	4722	+
	4723	+	HB1131 Enrolled- 134 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 134 - LRB103 05007 AWJ 50020 b
	4724	+	HB1131 Enrolled - 134 - LRB103 05007 AWJ 50020 b
	4725	+	1 not meet or take any action without a quorum present. The
	4726	+	2 public members shall be persons of recognized ability and
	4727	+	3 experience in one or more of the following areas: economic
	4728	+	4 development, finance, banking, industrial development, small
	4729	+	5 business management, real estate development, community
	4730	+	6 development, venture finance, organized labor or civic,
	4731	+	7 community or neighborhood organization. The Chairman of the
	4732	+	8 Authority shall be elected by the Board annually from the 8 6
	4733	+	9 members appointed by the county board chairmen and city
	4734	+	10 councils.
	4735	+	11 (c) The terms of all members of the Authority shall begin
	4736	+	12 30 days after the effective date of this Article. Of the 9
	4737	+	13 public members appointed pursuant to this Act, 3 shall serve
	4738	+	14 until the third Monday in January 1992, 3 shall serve until the
	4739	+	15 third Monday in January 1993, and 3 shall serve until the third
	4740	+	16 Monday in January 1994. All successors shall be appointed by
	4741	+	17 the original appointing authority and hold office for a term
	4742	+	18 of 3 years commencing the third Monday in January of the year
	4743	+	19 in which their term commences, except in case of an
	4744	+	20 appointment to fill a vacancy. The initial member appointed by
	4745	+	21 the city council of Bloomington shall serve until the third
	4746	+	22 Monday in January 2025. The initial member appointed by the
	4747	+	23 city council of Normal shall serve until the third Monday in
	4748	+	24 January 2026. Vacancies occurring among the public members
	4749	+	25 shall be filled for the remainder of the term. In case of
	4750	+	26 vacancy in a Governor-appointed membership when the Senate is
	4751	+
	4752	+
	4753	+
	4754	+
	4755	+
	4756	+	HB1131 Enrolled - 134 - LRB103 05007 AWJ 50020 b
	4757	+
	4758	+
	4759	+	HB1131 Enrolled- 135 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 135 - LRB103 05007 AWJ 50020 b
	4760	+	HB1131 Enrolled - 135 - LRB103 05007 AWJ 50020 b
	4761	+	1 not in session, the Governor may make a temporary appointment
	4762	+	2 until the next meeting of the Senate when a person shall be
	4763	+	3 nominated to fill such office, and any person so nominated who
	4764	+	4 is confirmed by the Senate shall hold office during the
	4765	+	5 remainder of the term and until a successor shall be appointed
	4766	+	6 and qualified. Members of the Authority shall not be entitled
	4767	+	7 to compensation for their services as members but may be
	4768	+	8 reimbursed for all necessary expenses incurred in connection
	4769	+	9 with the performance of their duties as members.
	4770	+	10 (d) The Governor may remove any public member of the
	4771	+	11 Authority in case of incompetency, neglect of duty, or
	4772	+	12 malfeasance in office.
	4773	+	13 (e) The Board may appoint an Executive Director who shall
	4774	+	14 have a background in finance, including familiarity with the
	4775	+	15 legal and procedural requirements of issuing bonds, real
	4776	+	16 estate or economic development and administration. The
	4777	+	17 Executive Director shall hold office at the discretion of the
	4778	+	18 Board. The Executive Director shall be the chief
	4779	+	19 administrative and operational officer of the Authority, shall
	4780	+	20 direct and supervise its administrative affairs and general
	4781	+	21 management, shall perform such other duties as may be
	4782	+	22 prescribed from time to time by the members and shall receive
	4783	+	23 compensation fixed by the Authority. The Executive Director
	4784	+	24 shall attend all meetings of the Authority; however, no action
	4785	+	25 of the Authority shall be invalid on account of the absence of
	4786	+	26 the Executive Director from a meeting. The Authority may
	4787	+
	4788	+
	4789	+
	4790	+
	4791	+
	4792	+	HB1131 Enrolled - 135 - LRB103 05007 AWJ 50020 b
	4793	+
	4794	+
	4795	+	HB1131 Enrolled- 136 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 136 - LRB103 05007 AWJ 50020 b
	4796	+	HB1131 Enrolled - 136 - LRB103 05007 AWJ 50020 b
	4797	+	1 engage the services of such other agents and employees,
	4798	+	2 including attorneys, appraisers, engineers, accountants,
	4799	+	3 credit analysts and other consultants, as it may deem
	4800	+	4 advisable and may prescribe their duties and fix their
	4801	+	5 compensation.
	4802	+	6 (f) The Board may, by majority vote, nominate up to 4
	4803	+	7 non-voting members for appointment by the Governor. Non-voting
	4804	+	8 members shall be persons of recognized ability and experience
	4805	+	9 in one or more of the following areas: economic development,
	4806	+	10 finance, banking, industrial development, small business
	4807	+	11 management, real estate development, community development,
	4808	+	12 venture finance, organized labor or civic, community or
	4809	+	13 neighborhood organization. Non-voting members shall serve at
	4810	+	14 the pleasure of the Board. All non-voting members may attend
	4811	+	15 meetings of the Board and may be reimbursed as provided in
	4812	+	16 subsection (c).
	4813	+	17 (g) The Board shall create a task force to study and make
	4814	+	18 recommendations to the Board on the economic development of
	4815	+	19 the territory within the jurisdiction of this Act. The members
	4816	+	20 of the task force shall reside within the territorial
	4817	+	21 jurisdiction of this Article, shall serve at the pleasure of
	4818	+	22 the Board and shall be persons of recognized ability and
	4819	+	23 experience in one or more of the following areas: economic
	4820	+	24 development, finance, banking, industrial development, small
	4821	+	25 business management, real estate development, community
	4822	+	26 development, venture finance, organized labor or civic,
	4823	+
	4824	+
	4825	+
	4826	+
	4827	+
	4828	+	HB1131 Enrolled - 136 - LRB103 05007 AWJ 50020 b
	4829	+
	4830	+
	4831	+	HB1131 Enrolled- 137 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 137 - LRB103 05007 AWJ 50020 b
	4832	+	HB1131 Enrolled - 137 - LRB103 05007 AWJ 50020 b
	4833	+	1 community or neighborhood organization. The number of members
	4834	+	2 constituting the task force shall be set by the Board and may
	4835	+	3 vary from time to time. The Board may set a specific date by
	4836	+	4 which the task force is to submit its final report and
	4837	+	5 recommendations to the Board.
	4838	+	6 (Source: P.A. 94-793, eff. 5-19-06.)
	4839	+	7 (70 ILCS 525/2005.1 new)
	4840	+	8 Sec. 2005.1. Requests for assistance; disclosure of
	4841	+	9 economic interests.
	4842	+	10 (a) The Authority may not hear a request for assistance
	4843	+	11 from a restricted person. This prohibition extends to business
	4844	+	12 relationships between a person who is an Authority leader
	4845	+	13 within one year prior to the request for assistance and to any
	4846	+	14 entity in which a restricted person holds or, within the past 2
	4847	+	15 years, held an ownership interest of 10% or more.
	4848	+	16 (b) An Authority leader shall disclose and recuse himself
	4849	+	17 or herself from matters relating to requests for assistance
	4850	+	18 from an entity that is relocating full-time employees from
	4851	+	19 another Authority's counties if (i) both Authorities contract
	4852	+	20 with or employ the same Authority leader or (ii) there is or,
	4853	+	21 within the past 2 years of the request, there was a business
	4854	+	22 relationship between the Authority leaders at the 2
	4855	+	23 Authorities.
	4856	+	24 (c) The Board of the Authority shall vote to renew the
	4857	+	25 appointment of the Executive Director and other Authority
	4858	+
	4859	+
	4860	+
	4861	+
	4862	+
	4863	+	HB1131 Enrolled - 137 - LRB103 05007 AWJ 50020 b
	4864	+
	4865	+
	4866	+	HB1131 Enrolled- 138 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 138 - LRB103 05007 AWJ 50020 b
	4867	+	HB1131 Enrolled - 138 - LRB103 05007 AWJ 50020 b
	4868	+	1 leaders on an annual basis. All contracts shall be approved on
	4869	+	2 an annual basis and use a public process to solicit
	4870	+	3 applications. This requirement does not apply to full-time
	4871	+	4 employees of the Authority unless otherwise required by
	4872	+	5 applicable State law or local ordinance.
	4873	+	6 (d) Each Authority leader shall submit a statement of
	4874	+	7 economic interest in accordance with Article 4A of the
	4875	+	8 Illinois Governmental Ethics Act. Additionally, each Authority
	4876	+	9 leader shall disclose to the Board outside sources of income
	4877	+	10 and any business relationships in economic development
	4878	+	11 consulting or lobbying. Reporting shall include the source of
	4879	+	12 income, services provided, and timeline of when services were
	4880	+	13 provided. If the source of income is a firm or organization
	4881	+	14 with multiple clients, the report shall list all of the
	4882	+	15 entities for which the individual provided services.
	4883	+	16 (70 ILCS 525/2005.2 new)
	4884	+	17 Sec. 2005.2. Open meetings; record disclosure.
	4885	+	18 (a) The Authority is subject to the Open Meetings Act and
	4886	+	19 the Freedom of Information Act. Documents subject to the
	4887	+	20 Freedom of Information Act include, but are not limited to,
	4888	+	21 expenses, payroll, origination bonuses, and other financial
	4889	+	22 details of the Authority.
	4890	+	23 (b) A contract or agreement entered into by the Authority
	4891	+	24 must be posted on the Authority's website. The Authority shall
	4892	+	25 provide a detailed report of the Authority's financial
	4893	+
	4894	+
	4895	+
	4896	+
	4897	+
	4898	+	HB1131 Enrolled - 138 - LRB103 05007 AWJ 50020 b
	4899	+
	4900	+
	4901	+	HB1131 Enrolled- 139 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 139 - LRB103 05007 AWJ 50020 b
	4902	+	HB1131 Enrolled - 139 - LRB103 05007 AWJ 50020 b
	4903	+	1 information on the Authority's website, including, but not
	4904	+	2 limited to, a statement of profits and losses, balance sheet,
	4905	+	3 and income statement of the Authority.
	4906	+	4 (70 ILCS 525/2008) (from Ch. 85, par. 7508)
	4907	+	5 Sec. 2008. Acquisition.
	4908	+	6 (a) The Authority may, but need not, acquire title to any
	4909	+	7 project with respect to which it exercises its authority.
	4910	+	8 (b) The Authority shall have power to acquire by purchase,
	4911	+	9 lease, gift or otherwise any property or rights therein from
	4912	+	10 any person or persons, the State of Illinois, any municipal
	4913	+	11 corporation, any local unit of government, the government of
	4914	+	12 the United States and any agency or instrumentality of the
	4915	+	13 United States, any body politic or any county useful for its
	4916	+	14 purposes, whether improved for the purposes of any prospective
	4917	+	15 project or unimproved. The Authority may also accept any
	4918	+	16 donation of funds for its purposes from any such source.
	4919	+	17 (c) The Authority shall have power to develop, construct
	4920	+	18 and improve, either under its own direction or through
	4921	+	19 collaboration with any approved applicant, or to acquire
	4922	+	20 through purchase or otherwise any project, using for such
	4923	+	21 purpose the proceeds derived from its sale of revenue bonds,
	4924	+	22 notes or other evidences of indebtedness or governmental loans
	4925	+	23 or grants and to hold title in the name of the Authority to
	4926	+	24 such projects.
	4927	+	25 (d) The Authority shall have the power to enter into
	4928	+
	4929	+
	4930	+
	4931	+
	4932	+
	4933	+	HB1131 Enrolled - 139 - LRB103 05007 AWJ 50020 b
	4934	+
	4935	+
	4936	+	HB1131 Enrolled- 140 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 140 - LRB103 05007 AWJ 50020 b
	4937	+	HB1131 Enrolled - 140 - LRB103 05007 AWJ 50020 b
	4938	+	1 intergovernmental agreements with the State of Illinois, the
	4939	+	2 counties of McLean, Peoria, Tazewell, or Woodford, the
	4940	+	3 Illinois Finance Authority, the Illinois Housing Development
	4941	+	4 Authority, the Metropolitan Pier and Exposition Authority, the
	4942	+	5 United States government and any agency or instrumentality of
	4943	+	6 the United States, any unit of local government located within
	4944	+	7 the territory of the Authority or any other unit of government
	4945	+	8 to the extent allowed by Article VII, Section 10 of the
	4946	+	9 Illinois Constitution and the Intergovernmental Cooperation
	4947	+	10 Act.
	4948	+	11 (e) The Authority shall have the power to share employees
	4949	+	12 with other units of government, including agencies of the
	4950	+	13 United States, agencies of the State of Illinois and agencies
	4951	+	14 or personnel of any unit of local government.
	4952	+	15 (f) The Authority shall have the power to exercise powers
	4953	+	16 and issue bonds as if it were a municipality so authorized in
	4954	+	17 Divisions 12.1, 74, 74.1, 74.3 and 74.5 of Article 11 of the
	4955	+	18 Illinois Municipal Code.
	4956	+	19 (Source: P.A. 93-205, eff. 1-1-04.)
	4957	+	20 (70 ILCS 525/2013) (from Ch. 85, par. 7513)
	4958	+	21 Sec. 2013. Reports; commitment notice. The Authority shall
	4959	+	22 annually submit a report of its finances to the Auditor
	4960	+	23 General. The Authority shall annually submit a report of its
	4961	+	24 activities to the Governor and General Assembly.
	4962	+	25 The Authority shall provide notice to the General
	4963	+
	4964	+
	4965	+
	4966	+
	4967	+
	4968	+	HB1131 Enrolled - 140 - LRB103 05007 AWJ 50020 b
	4969	+
	4970	+
	4971	+	HB1131 Enrolled- 141 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 141 - LRB103 05007 AWJ 50020 b
	4972	+	HB1131 Enrolled - 141 - LRB103 05007 AWJ 50020 b
	4973	+	1 Assembly, the Department of Commerce and Economic Opportunity,
	4974	+	2 and the Governor once the Authority enters into a commitment
	4975	+	3 to support the financing of a project. The notice to the
	4976	+	4 General Assembly shall be filed with the Clerk of the House of
	4977	+	5 Representatives and the Secretary of the Senate, in electronic
	4978	+	6 form only, in the manner that the Clerk and the Secretary shall
	4979	+	7 direct.
	4980	+	8 (Source: P.A. 86-1489.)
	4981	+	9 Section 60. The Upper Illinois River Valley Development
	4982	+	10 Authority Act is amended by changing Sections 3, 4, and 14 and
	4983	+	11 by adding Sections 5.1 and 5.2 as follows:
	4984	+	12 (70 ILCS 530/3) (from Ch. 85, par. 7153)
	4985	+	13 Sec. 3. Definitions. The following terms, whenever used or
	4986	+	14 referred to in this Act, shall have the following meanings,
	4987	+	15 except in such instances where the context may clearly
	4988	+	16 indicate otherwise:
	4989	+	17 (a) "Authority" means the Upper Illinois River Valley
	4990	+	18 Development Authority created by this Act.
	4991	+	19 (a-5) "Authority leader" means the Executive Director,
	4992	+	20 Assistant Executive Director, or any other person serving in a
	4993	+	21 management, administrative, or leadership role at the
	4994	+	22 Authority.
	4995	+	23 (b) "Governmental agency" means any federal, State or
	4996	+	24 local governmental body, and any agency or instrumentality
	4997	+
	4998	+
	4999	+
	5000	+
	5001	+
	5002	+	HB1131 Enrolled - 141 - LRB103 05007 AWJ 50020 b
	5003	+
	5004	+
	5005	+	HB1131 Enrolled- 142 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 142 - LRB103 05007 AWJ 50020 b
	5006	+	HB1131 Enrolled - 142 - LRB103 05007 AWJ 50020 b
	5007	+	1 thereof, corporate or otherwise.
	5008	+	2 (c) "Person" means any natural person, firm, partnership,
	5009	+	3 corporation, both domestic and foreign, company, association
	5010	+	4 or joint stock association and includes any trustee, receiver,
	5011	+	5 assignee or personal representative thereof.
	5012	+	6 (c-5) "Restricted person" means a person who has a
	5013	+	7 familial or business relationship with an Authority leader.
	5014	+	8 (d) "Revenue bond" means any bond issued by the Authority
	5015	+	9 the principal and interest of which is payable solely from
	5016	+	10 revenues or income derived from any project or activity of the
	5017	+	11 Authority.
	5018	+	12 (e) "Board" means the Upper Illinois River Valley
	5019	+	13 Development Authority Board of Directors.
	5020	+	14 (f) "Governor" means the Governor of the State of
	5021	+	15 Illinois.
	5022	+	16 (g) "City" means any city, village, incorporated town or
	5023	+	17 township within the geographical territory of the Authority.
	5024	+	18 (h) "Industrial project" means (1) a capital project,
	5025	+	19 including one or more buildings and other structures,
	5026	+	20 improvements, machinery and equipment whether or not on the
	5027	+	21 same site or sites now existing or hereafter acquired,
	5028	+	22 suitable for use by any manufacturing, industrial, research,
	5029	+	23 transportation or commercial enterprise including but not
	5030	+	24 limited to use as a factory, mill, processing plant, assembly
	5031	+	25 plant, packaging plant, fabricating plant, office building,
	5032	+	26 industrial distribution center, warehouse, repair, overhaul or
	5033	+
	5034	+
	5035	+
	5036	+
	5037	+
	5038	+	HB1131 Enrolled - 142 - LRB103 05007 AWJ 50020 b
	5039	+
	5040	+
	5041	+	HB1131 Enrolled- 143 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 143 - LRB103 05007 AWJ 50020 b
	5042	+	HB1131 Enrolled - 143 - LRB103 05007 AWJ 50020 b
	5043	+	1 service facility, freight terminal, research facility, test
	5044	+	2 facility, railroad facility, solid waste and wastewater
	5045	+	3 treatment and disposal sites and other pollution control
	5046	+	4 facilities, resource or waste reduction, recovery, treatment
	5047	+	5 and disposal facilities, and including also the sites thereof
	5048	+	6 and other rights in land therefor whether improved or
	5049	+	7 unimproved, site preparation and landscaping and all
	5050	+	8 appurtenances and facilities incidental thereto such as
	5051	+	9 utilities, access roads, railroad sidings, truck docking and
	5052	+	10 similar facilities, parking facilities, dockage, wharfage,
	5053	+	11 railroad roadbed, track, trestle, depot, terminal, switching
	5054	+	12 and signaling equipment or related equipment and other
	5055	+	13 improvements necessary or convenient thereto; or (2) any land,
	5056	+	14 buildings, machinery or equipment comprising an addition to or
	5057	+	15 renovation, rehabilitation or improvement of any existing
	5058	+	16 capital project.
	5059	+	17 (i) "Housing project" or "residential project" includes a
	5060	+	18 specific work or improvement undertaken to provide dwelling
	5061	+	19 accommodations, including the acquisition, construction or
	5062	+	20 rehabilitation of lands, buildings and community facilities
	5063	+	21 and in connection therewith to provide nonhousing facilities
	5064	+	22 which are an integral part of a planned large-scale project or
	5065	+	23 new community.
	5066	+	24 (j) "Commercial project" means any project, including but
	5067	+	25 not limited to one or more buildings and other structures,
	5068	+	26 improvements, machinery and equipment whether or not on the
	5069	+
	5070	+
	5071	+
	5072	+
	5073	+
	5074	+	HB1131 Enrolled - 143 - LRB103 05007 AWJ 50020 b
	5075	+
	5076	+
	5077	+	HB1131 Enrolled- 144 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 144 - LRB103 05007 AWJ 50020 b
	5078	+	HB1131 Enrolled - 144 - LRB103 05007 AWJ 50020 b
	5079	+	1 same site or sites now existing or hereafter acquired,
	5080	+	2 suitable for use by any retail or wholesale concern,
	5081	+	3 distributorship or agency, any cultural facilities of a
	5082	+	4 for-profit or not-for-profit type including but not limited to
	5083	+	5 educational, theatrical, recreational and entertainment,
	5084	+	6 sports facilities, racetracks, stadiums, convention centers,
	5085	+	7 exhibition halls, arenas, opera houses and theaters,
	5086	+	8 waterfront improvements, swimming pools, boat storage,
	5087	+	9 moorage, docking facilities, restaurants, velodromes,
	5088	+	10 coliseums, sports training facilities, parking facilities,
	5089	+	11 terminals, hotels and motels, gymnasiums, medical facilities
	5090	+	12 and port facilities.
	5091	+	13 (k) "Project" means an industrial, housing, residential,
	5092	+	14 commercial or service project or any combination thereof
	5093	+	15 provided that all uses shall fall within one of the categories
	5094	+	16 described above. Any project, of any nature whatsoever, shall
	5095	+	17 automatically include all site improvements and new
	5096	+	18 construction involving sidewalks, sewers, solid waste and
	5097	+	19 wastewater treatment and disposal sites and other pollution
	5098	+	20 control facilities, resource or waste reduction, recovery,
	5099	+	21 treatment and disposal facilities, parks, open spaces,
	5100	+	22 wildlife sanctuaries, streets, highways and runways.
	5101	+	23 (l) "Lease agreement" shall mean an agreement whereby a
	5102	+	24 project acquired by the Authority by purchase, gift or lease
	5103	+	25 is leased to any person or corporation which will use or cause
	5104	+	26 the project to be used as a project as heretofore defined upon
	5105	+
	5106	+
	5107	+
	5108	+
	5109	+
	5110	+	HB1131 Enrolled - 144 - LRB103 05007 AWJ 50020 b
	5111	+
	5112	+
	5113	+	HB1131 Enrolled- 145 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 145 - LRB103 05007 AWJ 50020 b
	5114	+	HB1131 Enrolled - 145 - LRB103 05007 AWJ 50020 b
	5115	+	1 terms providing for lease rental payments at least sufficient
	5116	+	2 to pay when due all principal of and interest and premium, if
	5117	+	3 any, on any bonds, notes or other evidences of indebtedness of
	5118	+	4 the Authority issued with respect to such project, providing
	5119	+	5 for the maintenance, insurance and operation of the project on
	5120	+	6 terms satisfactory to the Authority and providing for
	5121	+	7 disposition of the project upon termination of the lease term,
	5122	+	8 including purchase options or abandonment of the premises,
	5123	+	9 with such other terms as may be deemed desirable by the
	5124	+	10 Authority.
	5125	+	11 (m) "Loan agreement" means any agreement pursuant to which
	5126	+	12 the Authority agrees to loan the proceeds of its bonds, notes
	5127	+	13 or other evidences of indebtedness issued with respect to a
	5128	+	14 project to any person or corporation which will use or cause
	5129	+	15 the project to be used as a project as heretofore defined upon
	5130	+	16 terms providing for loan repayment installments at least
	5131	+	17 sufficient to pay when due all principal of and interest and
	5132	+	18 premium, if any, on any bonds, notes or other evidences of
	5133	+	19 indebtedness of the Authority issued with respect to the
	5134	+	20 project, providing for maintenance, insurance and operation of
	5135	+	21 the project on terms satisfactory to the Authority and
	5136	+	22 providing for other matters as may be deemed advisable by the
	5137	+	23 Authority.
	5138	+	24 (n) "Financial aid" means the expenditure of Authority
	5139	+	25 funds or funds provided by the Authority through the issuance
	5140	+	26 of its revenue bonds, notes or other evidences of indebtedness
	5141	+
	5142	+
	5143	+
	5144	+
	5145	+
	5146	+	HB1131 Enrolled - 145 - LRB103 05007 AWJ 50020 b
	5147	+
	5148	+
	5149	+	HB1131 Enrolled- 146 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 146 - LRB103 05007 AWJ 50020 b
	5150	+	HB1131 Enrolled - 146 - LRB103 05007 AWJ 50020 b
	5151	+	1 for the development, construction, acquisition or improvement
	5152	+	2 of a project.
	5153	+	3 (o) "Costs incurred in connection with the development,
	5154	+	4 construction, acquisition or improvement of a project" means
	5155	+	5 the following: the cost of purchase and construction of all
	5156	+	6 lands and improvements in connection therewith and equipment
	5157	+	7 and other property, rights, easements and franchises acquired
	5158	+	8 which are deemed necessary for such construction; financing
	5159	+	9 charges; interest costs with respect to bonds, notes and other
	5160	+	10 evidences of indebtedness of the Authority prior to and during
	5161	+	11 construction and for a period of 6 months thereafter;
	5162	+	12 engineering and legal expenses; the costs of plans,
	5163	+	13 specifications, surveys and estimates of costs and other
	5164	+	14 expenses necessary or incident to determining the feasibility
	5165	+	15 or practicability of any project, together with such other
	5166	+	16 expenses as may be necessary or incident to the financing,
	5167	+	17 insuring, acquisition and construction of a specific project
	5168	+	18 and the placing of the same in operation.
	5169	+	19 (p) "Terminal" means a public place, station or depot for
	5170	+	20 receiving and delivering passengers, baggage, mail, freight or
	5171	+	21 express matter and any combination thereof in connection with
	5172	+	22 the transportation of persons and property on water or land or
	5173	+	23 in the air.
	5174	+	24 (q) "Terminal facilities" means all land, buildings,
	5175	+	25 structures, improvements, equipment and appliances useful in
	5176	+	26 the operation of public warehouse, storage and transportation
	5177	+
	5178	+
	5179	+
	5180	+
	5181	+
	5182	+	HB1131 Enrolled - 146 - LRB103 05007 AWJ 50020 b
	5183	+
	5184	+
	5185	+	HB1131 Enrolled- 147 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 147 - LRB103 05007 AWJ 50020 b
	5186	+	HB1131 Enrolled - 147 - LRB103 05007 AWJ 50020 b
	5187	+	1 facilities and industrial, manufacturing or commercial
	5188	+	2 activities for the accommodation of or in connection with
	5189	+	3 commerce by water or land or in the air or useful as an aid, or
	5190	+	4 constituting an advantage or convenience to, the safe landing,
	5191	+	5 taking off and navigation of aircraft or the safe and
	5192	+	6 efficient operation or maintenance of a public airport.
	5193	+	7 (r) "Port facilities" means all public structures, except
	5194	+	8 terminal facilities as defined herein, that are in, over,
	5195	+	9 under or adjacent to navigable waters and are necessary for or
	5196	+	10 incident to the furtherance of water commerce and includes the
	5197	+	11 widening and deepening of slips, harbors and navigable waters.
	5198	+	12 (s) "Airport" means any locality, either land or water,
	5199	+	13 which is used or designed for the landing and taking off of
	5200	+	14 aircraft or for the location of runways, landing fields,
	5201	+	15 aerodromes, hangars, buildings, structures, airport roadways
	5202	+	16 and other facilities.
	5203	+	17 (Source: P.A. 86-1024.)
	5204	+	18 (70 ILCS 530/4) (from Ch. 85, par. 7154)
	5205	+	19 Sec. 4. Establishment.
	5206	+	20 (a) There is hereby created a political subdivision, body
	5207	+	21 politic and municipal corporation named the Upper Illinois
	5208	+	22 River Valley Development Authority. The territorial
	5209	+	23 jurisdiction of the Authority is that geographic area within
	5210	+	24 the boundaries of Grundy, LaSalle, Bureau, Putnam, Kendall,
	5211	+	25 Kane, Lake, McHenry, and Marshall counties in the State of
	5212	+
	5213	+
	5214	+
	5215	+
	5216	+
	5217	+	HB1131 Enrolled - 147 - LRB103 05007 AWJ 50020 b
	5218	+
	5219	+
	5220	+	HB1131 Enrolled- 148 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 148 - LRB103 05007 AWJ 50020 b
	5221	+	HB1131 Enrolled - 148 - LRB103 05007 AWJ 50020 b
	5222	+	1 Illinois and any navigable waters and air space located
	5223	+	2 therein.
	5224	+	3 (b) The governing and administrative powers of the
	5225	+	4 Authority shall be vested in a body consisting of 21 members
	5226	+	5 including, as ex officio members, the Director of Commerce and
	5227	+	6 Economic Opportunity, or his or her designee, and the Director
	5228	+	7 of the Department of Central Management Services, or his or
	5229	+	8 her designee. The other 19 members of the Authority shall be
	5230	+	9 designated "public members", 10 of whom shall be appointed by
	5231	+	10 the Governor with the advice and consent of the Senate and 9 of
	5232	+	11 whom shall be appointed one each by the county board chairmen
	5233	+	12 of Grundy, LaSalle, Bureau, Putnam, Kendall, Kane, Lake,
	5234	+	13 McHenry, and Marshall counties. All public members shall
	5235	+	14 reside within the territorial jurisdiction of this Act. Eleven
	5236	+	15 members shall constitute a quorum, and the Board may not meet
	5237	+	16 or take any action without a quorum present. The public
	5238	+	17 members shall be persons of recognized ability and experience
	5239	+	18 in one or more of the following areas: economic development,
	5240	+	19 finance, banking, industrial development, small business
	5241	+	20 management, real estate development, community development,
	5242	+	21 venture finance, organized labor or civic, community or
	5243	+	22 neighborhood organization. The Chairman of the Authority shall
	5244	+	23 be elected by the Board annually from the 9 members appointed
	5245	+	24 by the county board chairmen.
	5246	+	25 (c) The terms of all initial members of the Authority
	5247	+	26 shall begin 30 days after the effective date of this Act. Of
	5248	+
	5249	+
	5250	+
	5251	+
	5252	+
	5253	+	HB1131 Enrolled - 148 - LRB103 05007 AWJ 50020 b
	5254	+
	5255	+
	5256	+	HB1131 Enrolled- 149 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 149 - LRB103 05007 AWJ 50020 b
	5257	+	HB1131 Enrolled - 149 - LRB103 05007 AWJ 50020 b
	5258	+	1 the 14 public members appointed pursuant to this Act, 4
	5259	+	2 appointed by the Governor shall serve until the third Monday
	5260	+	3 in January, 1992, 4 appointed by the Governor shall serve
	5261	+	4 until the third Monday in January, 1993, one appointed by the
	5262	+	5 Governor shall serve until the third Monday in January, 1994,
	5263	+	6 one appointed by the Governor shall serve until the third
	5264	+	7 Monday in January 1999, the member appointed by the county
	5265	+	8 board chairman of LaSalle County shall serve until the third
	5266	+	9 Monday in January, 1992, the members appointed by the county
	5267	+	10 board chairmen of Grundy County, Bureau County, Putnam County,
	5268	+	11 and Marshall County shall serve until the third Monday in
	5269	+	12 January, 1994, and the member appointed by the county board
	5270	+	13 chairman of Kendall County shall serve until the third Monday
	5271	+	14 in January, 1999. The initial members appointed by the
	5272	+	15 chairmen of the county boards of Kane and McHenry counties
	5273	+	16 shall serve until the third Monday in January, 2003. The
	5274	+	17 initial members appointed by the chairman of the county board
	5275	+	18 of Lake County shall serve until the third Monday in January,
	5276	+	19 2018. All successors shall be appointed by the original
	5277	+	20 appointing authority and hold office for a term of 3 years
	5278	+	21 commencing the third Monday in January of the year in which
	5279	+	22 their term commences, except in case of an appointment to fill
	5280	+	23 a vacancy. Vacancies occurring among the public members shall
	5281	+	24 be filled for the remainder of the term. In case of vacancy in
	5282	+	25 a Governor-appointed membership when the Senate is not in
	5283	+	26 session, the Governor may make a temporary appointment until
	5284	+
	5285	+
	5286	+
	5287	+
	5288	+
	5289	+	HB1131 Enrolled - 149 - LRB103 05007 AWJ 50020 b
	5290	+
	5291	+
	5292	+	HB1131 Enrolled- 150 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 150 - LRB103 05007 AWJ 50020 b
	5293	+	HB1131 Enrolled - 150 - LRB103 05007 AWJ 50020 b
	5294	+	1 the next meeting of the Senate when a person shall be nominated
	5295	+	2 to fill such office, and any person so nominated who is
	5296	+	3 confirmed by the Senate shall hold office during the remainder
	5297	+	4 of the term and until a successor shall be appointed and
	5298	+	5 qualified. Members of the Authority shall not be entitled to
	5299	+	6 compensation for their services as members but shall be
	5300	+	7 entitled to reimbursement for all necessary expenses incurred
	5301	+	8 in connection with the performance of their duties as members.
	5302	+	9 (d) The Governor may remove any public member of the
	5303	+	10 Authority in case of incompetency, neglect of duty, or
	5304	+	11 malfeasance in office.
	5305	+	12 (e) The Board shall appoint an Executive Director who
	5306	+	13 shall have a background in finance, including familiarity with
	5307	+	14 the legal and procedural requirements of issuing bonds, real
	5308	+	15 estate or economic development and administration. The
	5309	+	16 Executive Director shall hold office at the discretion of the
	5310	+	17 Board. The Executive Director shall be the chief
	5311	+	18 administrative and operational officer of the Authority, shall
	5312	+	19 direct and supervise its administrative affairs and general
	5313	+	20 management, shall perform such other duties as may be
	5314	+	21 prescribed from time to time by the members and shall receive
	5315	+	22 compensation fixed by the Authority. The Executive Director
	5316	+	23 shall attend all meetings of the Authority; however, no action
	5317	+	24 of the Authority shall be invalid on account of the absence of
	5318	+	25 the Executive Director from a meeting. The Authority may
	5319	+	26 engage the services of such other agents and employees,
	5320	+
	5321	+
	5322	+
	5323	+
	5324	+
	5325	+	HB1131 Enrolled - 150 - LRB103 05007 AWJ 50020 b
	5326	+
	5327	+
	5328	+	HB1131 Enrolled- 151 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 151 - LRB103 05007 AWJ 50020 b
	5329	+	HB1131 Enrolled - 151 - LRB103 05007 AWJ 50020 b
	5330	+	1 including attorneys, appraisers, engineers, accountants,
	5331	+	2 credit analysts and other consultants, as it may deem
	5332	+	3 advisable and may prescribe their duties and fix their
	5333	+	4 compensation.
	5334	+	5 (f) The Board may, by majority vote, nominate up to 4
	5335	+	6 non-voting members for appointment by the Governor. Non-voting
	5336	+	7 members shall be persons of recognized ability and experience
	5337	+	8 in one or more of the following areas: economic development,
	5338	+	9 finance, banking, industrial development, small business
	5339	+	10 management, real estate development, community development,
	5340	+	11 venture finance, organized labor or civic, community or
	5341	+	12 neighborhood organization. Non-voting members shall serve at
	5342	+	13 the pleasure of the Board. All non-voting members may attend
	5343	+	14 meetings of the Board and shall be reimbursed as provided in
	5344	+	15 subsection (c).
	5345	+	16 (g) The Board shall create a task force to study and make
	5346	+	17 recommendations to the Board on the economic development of
	5347	+	18 the territory within the jurisdiction of this Act. The members
	5348	+	19 of the task force shall reside within the territorial
	5349	+	20 jurisdiction of this Act, shall serve at the pleasure of the
	5350	+	21 Board and shall be persons of recognized ability and
	5351	+	22 experience in one or more of the following areas: economic
	5352	+	23 development, finance, banking, industrial development, small
	5353	+	24 business management, real estate development, community
	5354	+	25 development, venture finance, organized labor or civic,
	5355	+	26 community or neighborhood organization. The number of members
	5356	+
	5357	+
	5358	+
	5359	+
	5360	+
	5361	+	HB1131 Enrolled - 151 - LRB103 05007 AWJ 50020 b
	5362	+
	5363	+
	5364	+	HB1131 Enrolled- 152 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 152 - LRB103 05007 AWJ 50020 b
	5365	+	HB1131 Enrolled - 152 - LRB103 05007 AWJ 50020 b
	5366	+	1 constituting the task force shall be set by the Board and may
	5367	+	2 vary from time to time. The Board may set a specific date by
	5368	+	3 which the task force is to submit its final report and
	5369	+	4 recommendations to the Board.
	5370	+	5 (Source: P.A. 99-499, eff. 1-29-16.)
	5371	+	6 (70 ILCS 530/5.1 new)
	5372	+	7 Sec. 5.1. Requests for assistance; disclosure of economic
	5373	+	8 interests.
	5374	+	9 (a) The Authority may not hear a request for assistance
	5375	+	10 from a restricted person. This prohibition extends to business
	5376	+	11 relationships between a person who is an Authority leader
	5377	+	12 within one year prior to the request for assistance and to any
	5378	+	13 entity in which a restricted person holds or, within the past 2
	5379	+	14 years, held an ownership interest of 10% or more.
	5380	+	15 (b) An Authority leader shall disclose and recuse himself
	5381	+	16 or herself from matters relating to requests for assistance
	5382	+	17 from an entity that is relocating full-time employees from
	5383	+	18 another Authority's counties if (i) both Authorities contract
	5384	+	19 with or employ the same Authority leader or (ii) there is or,
	5385	+	20 within the past 2 years of the request, there was a business
	5386	+	21 relationship between the Authority leaders at the 2
	5387	+	22 Authorities.
	5388	+	23 (c) The Board of the Authority shall vote to renew the
	5389	+	24 appointment of the Executive Director and other Authority
	5390	+	25 leaders on an annual basis. All contracts shall be approved on
	5391	+
	5392	+
	5393	+
	5394	+
	5395	+
	5396	+	HB1131 Enrolled - 152 - LRB103 05007 AWJ 50020 b
	5397	+
	5398	+
	5399	+	HB1131 Enrolled- 153 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 153 - LRB103 05007 AWJ 50020 b
	5400	+	HB1131 Enrolled - 153 - LRB103 05007 AWJ 50020 b
	5401	+	1 an annual basis and use a public process to solicit
	5402	+	2 applications. This requirement does not apply to full-time
	5403	+	3 employees of the Authority unless otherwise required by
	5404	+	4 applicable State law or local ordinance.
	5405	+	5 (d) Each Authority leader shall submit a statement of
	5406	+	6 economic interest in accordance with Article 4A of the
	5407	+	7 Illinois Governmental Ethics Act. Additionally, each Authority
	5408	+	8 leader shall disclose to the Board outside sources of income
	5409	+	9 and any business relationships in economic development
	5410	+	10 consulting or lobbying. Reporting shall include the source of
	5411	+	11 income, services provided, and timeline of when services were
	5412	+	12 provided. If the source of income is a firm or organization
	5413	+	13 with multiple clients, the report shall list all of the
	5414	+	14 entities for which the individual provided services.
	5415	+	15 (70 ILCS 530/5.2 new)
	5416	+	16 Sec. 5.2. Open meetings; record disclosure.
	5417	+	17 (a) The Authority is subject to the Open Meetings Act and
	5418	+	18 the Freedom of Information Act. Documents subject to the
	5419	+	19 Freedom of Information Act include, but are not limited to,
	5420	+	20 expenses, payroll, origination bonuses, and other financial
	5421	+	21 details of the Authority.
	5422	+	22 (b) A contract or agreement entered into by the Authority
	5423	+	23 must be posted on the Authority's website. The Authority shall
	5424	+	24 provide a detailed report of the Authority's financial
	5425	+	25 information on the Authority's website, including, but not
	5426	+
	5427	+
	5428	+
	5429	+
	5430	+
	5431	+	HB1131 Enrolled - 153 - LRB103 05007 AWJ 50020 b
	5432	+
	5433	+
	5434	+	HB1131 Enrolled- 154 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 154 - LRB103 05007 AWJ 50020 b
	5435	+	HB1131 Enrolled - 154 - LRB103 05007 AWJ 50020 b
	5436	+	1 limited to, a statement of profits and losses, balance sheet,
	5437	+	2 and income statement of the Authority.
	5438	+	3 (70 ILCS 530/14) (from Ch. 85, par. 7164)
	5439	+	4 Sec. 14. Reports; commitment notice. The Authority shall
	5440	+	5 annually submit a report of its finances to the Auditor
	5441	+	6 General. The Authority shall annually submit a report of its
	5442	+	7 activities to the Governor and General Assembly.
	5443	+	8 The Authority shall provide notice to the General
	5444	+	9 Assembly, the Department of Commerce and Economic Opportunity,
	5445	+	10 and the Governor once the Authority enters into a commitment
	5446	+	11 to support the financing of a project. The notice to the
	5447	+	12 General Assembly shall be filed with the Clerk of the House of
	5448	+	13 Representatives and the Secretary of the Senate, in electronic
	5449	+	14 form only, in the manner that the Clerk and the Secretary shall
	5450	+	15 direct.
	5451	+	16 (Source: P.A. 86-1024.)
	5452	+	17 Section 65. The Illinois Urban Development Authority Act
	5453	+	18 is amended by changing Sections 3, 4, 5, and 6 as follows:
	5454	+	19 (70 ILCS 531/3)
	5455	+	20 Sec. 3. Definitions. The following terms, whenever used or
	5456	+	21 referred to in this Act, shall have the following meanings,
	5457	+	22 except in such instances where the context may clearly
	5458	+	23 indicate otherwise:
	5459	+
	5460	+
	5461	+
	5462	+
	5463	+
	5464	+	HB1131 Enrolled - 154 - LRB103 05007 AWJ 50020 b
	5465	+
	5466	+
	5467	+	HB1131 Enrolled- 155 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 155 - LRB103 05007 AWJ 50020 b
	5468	+	HB1131 Enrolled - 155 - LRB103 05007 AWJ 50020 b
	5469	+	1 "Authority" means the Illinois Urban Development Authority
	5470	+	2 created by this Act.
	5471	+	3 "Authority leader" means the Executive Director, Assistant
	5472	+	4 Executive Director, or any other person serving in a
	5473	+	5 management, administrative, or leadership role at the
	5474	+	6 Authority.
	5475	+	7 "Board" means the Illinois Urban Development Authority
	5476	+	8 Board of Directors.
	5477	+	9 "Bonds" shall include bonds, notes, or other evidence of
	5478	+	10 indebtedness.
	5479	+	11 "Commercial project" means any project, including but not
	5480	+	12 limited to one or more buildings and other structures,
	5481	+	13 improvements, machinery, and equipment whether or not on the
	5482	+	14 same site or sites now existing or hereafter acquired,
	5483	+	15 suitable for use by any retail or wholesale concern,
	5484	+	16 distributorship, or agency, any cultural facilities of a
	5485	+	17 for-profit or not-for-profit type including but not limited to
	5486	+	18 educational, theatrical, recreational and entertainment,
	5487	+	19 sports facilities, racetracks, stadiums, convention centers,
	5488	+	20 exhibition halls, arenas, opera houses and theaters,
	5489	+	21 waterfront improvements, swimming pools, boat storage,
	5490	+	22 moorage, docking facilities, restaurants, coliseums, sports
	5491	+	23 training facilities, parking facilities, terminals, hotels and
	5492	+	24 motels, gymnasiums, medical facilities, and port facilities.
	5493	+	25 "Costs incurred in connection with the development,
	5494	+	26 construction, acquisition, or improvement of a project" means
	5495	+
	5496	+
	5497	+
	5498	+
	5499	+
	5500	+	HB1131 Enrolled - 155 - LRB103 05007 AWJ 50020 b
	5501	+
	5502	+
	5503	+	HB1131 Enrolled- 156 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 156 - LRB103 05007 AWJ 50020 b
	5504	+	HB1131 Enrolled - 156 - LRB103 05007 AWJ 50020 b
	5505	+	1 the cost of purchase and construction of all lands and
	5506	+	2 improvements in connection with a project and equipment and
	5507	+	3 other property, rights, easements, and franchises acquired
	5508	+	4 that are deemed necessary for such construction; financing
	5509	+	5 charges; interest costs with respect to bonds, notes, and
	5510	+	6 other evidences of indebtedness of the Authority prior to and
	5511	+	7 during construction and for a period of 6 months thereafter;
	5512	+	8 engineering and legal expenses; the costs of plans,
	5513	+	9 specifications, surveys, and estimates of costs and other
	5514	+	10 expenses necessary or incident to determining the feasibility
	5515	+	11 or practicability of any project, together with such other
	5516	+	12 expenses as may be necessary or incident to the financing,
	5517	+	13 insuring, acquisition, and construction of a specific project
	5518	+	14 and the placing of the same in operation.
	5519	+	15 "Develop" or "development" means to do one or more of the
	5520	+	16 following: plan, design, develop, lease, acquire, install,
	5521	+	17 construct, reconstruct, rehabilitate, extend, or expand.
	5522	+	18 "Financial aid" means the expenditure of Authority funds
	5523	+	19 or funds provided by the Authority through the issuance of its
	5524	+	20 revenue bonds, notes, or other evidences of indebtedness for
	5525	+	21 the development, construction, acquisition, or improvement of
	5526	+	22 a project.
	5527	+	23 "Governmental agency" means any federal, State or local
	5528	+	24 governmental body, and any agency or instrumentality thereof,
	5529	+	25 corporate or otherwise.
	5530	+	26 "Governor" means the Governor of the State of Illinois.
	5531	+
	5532	+
	5533	+
	5534	+
	5535	+
	5536	+	HB1131 Enrolled - 156 - LRB103 05007 AWJ 50020 b
	5537	+
	5538	+
	5539	+	HB1131 Enrolled- 157 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 157 - LRB103 05007 AWJ 50020 b
	5540	+	HB1131 Enrolled - 157 - LRB103 05007 AWJ 50020 b
	5541	+	1 "Housing project" or "residential project" includes a
	5542	+	2 specific work or improvement undertaken to provide dwelling
	5543	+	3 accommodations, including the acquisition, construction,
	5544	+	4 leasing, or rehabilitation of lands, buildings, and community
	5545	+	5 facilities and in connection therewith to provide nonhousing
	5546	+	6 facilities which are an integral part of a planned large-scale
	5547	+	7 project or new community.
	5548	+	8 "Industrial project" means (1) a capital project,
	5549	+	9 including one or more buildings and other structures,
	5550	+	10 improvements, machinery, and equipment whether or not on the
	5551	+	11 same site or sites now existing or hereafter acquired,
	5552	+	12 suitable for use by any manufacturing, industrial, research,
	5553	+	13 transportation, or commercial enterprise including but not
	5554	+	14 limited to use as a factory, mill, processing plant, assembly
	5555	+	15 plant, packaging plant, fabricating plant, office building,
	5556	+	16 industrial distribution center, warehouse, repair, overhaul or
	5557	+	17 service facility, freight terminal, research facility, test
	5558	+	18 facility, railroad facility, solid waste and wastewater
	5559	+	19 treatment and disposal sites and other pollution control
	5560	+	20 facilities, resource or waste reduction, recovery, treatment
	5561	+	21 and disposal facilities, and including also the sites thereof
	5562	+	22 and other rights in land therefor whether improved or
	5563	+	23 unimproved, site preparation and landscaping and all
	5564	+	24 appurtenances and facilities incidental thereto such as
	5565	+	25 utilities, access roads, railroad sidings, truck docking and
	5566	+	26 similar facilities, parking facilities, dockage, wharfage,
	5567	+
	5568	+
	5569	+
	5570	+
	5571	+
	5572	+	HB1131 Enrolled - 157 - LRB103 05007 AWJ 50020 b
	5573	+
	5574	+
	5575	+	HB1131 Enrolled- 158 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 158 - LRB103 05007 AWJ 50020 b
	5576	+	HB1131 Enrolled - 158 - LRB103 05007 AWJ 50020 b
	5577	+	1 railroad roadbed, track, trestle, depot, terminal, switching,
	5578	+	2 and signaling equipment or related equipment and other
	5579	+	3 improvements necessary or convenient thereto; or (2) any land,
	5580	+	4 buildings, machinery or equipment comprising an addition to or
	5581	+	5 renovation, rehabilitation or improvement of any existing
	5582	+	6 capital project.
	5583	+	7 "Lease agreement" means an agreement whereby a project
	5584	+	8 acquired by the Authority by purchase, gift, or lease is
	5585	+	9 leased to any person or corporation that will use or cause the
	5586	+	10 project to be used as a project as defined in this Act upon
	5587	+	11 terms providing for lease rental payments at least sufficient
	5588	+	12 to pay when due all principal of and interest and premium, if
	5589	+	13 any, on any bonds, notes or other evidences of indebtedness of
	5590	+	14 the Authority issued with respect to such project, providing
	5591	+	15 for the maintenance, insurance, and operation of the project
	5592	+	16 on terms satisfactory to the Authority, and providing for
	5593	+	17 disposition of the project upon termination of the lease term,
	5594	+	18 including purchase options or abandonment of the premises,
	5595	+	19 with such other terms as may be deemed desirable by the
	5596	+	20 Authority. The Authority may, directly or indirectly, lease or
	5597	+	21 otherwise transfer property the Authority owns to another and
	5598	+	22 such leased property shall remain tax exempt.
	5599	+	23 "Loan agreement" means any agreement pursuant to which the
	5600	+	24 Authority agrees to loan the proceeds of its bonds, notes, or
	5601	+	25 other evidences of indebtedness issued with respect to a
	5602	+	26 project to any person or corporation that will use or cause the
	5603	+
	5604	+
	5605	+
	5606	+
	5607	+
	5608	+	HB1131 Enrolled - 158 - LRB103 05007 AWJ 50020 b
	5609	+
	5610	+
	5611	+	HB1131 Enrolled- 159 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 159 - LRB103 05007 AWJ 50020 b
	5612	+	HB1131 Enrolled - 159 - LRB103 05007 AWJ 50020 b
	5613	+	1 project to be used as a project as defined in this Act upon
	5614	+	2 terms providing for loan repayment installments at least
	5615	+	3 sufficient to pay when due all principal and interest and
	5616	+	4 premium, if any, on any bonds, notes, or other evidences of
	5617	+	5 indebtedness of the Authority issued with respect to the
	5618	+	6 project, providing for maintenance, insurance, and operation
	5619	+	7 of the project on terms satisfactory to the Authority and
	5620	+	8 providing for other matters as may be deemed advisable by the
	5621	+	9 Authority.
	5622	+	10 "Maintain" or "maintenance" includes ordinary maintenance,
	5623	+	11 repair, rehabilitation, capital maintenance, maintenance
	5624	+	12 replacement, and any other categories of maintenance that may
	5625	+	13 be designated by the local, regional, or State transportation
	5626	+	14 agency.
	5627	+	15 "Municipal poverty rate" is the percentage of total
	5628	+	16 population of the municipality having income levels below the
	5629	+	17 poverty level as determined by the Authority based upon the
	5630	+	18 most recent data released by the United States Census Bureau
	5631	+	19 before the beginning of such calendar year.
	5632	+	20 "Occupational license" means a license issued by the
	5633	+	21 Illinois Gaming Board to a person or entity to perform an
	5634	+	22 occupation which the Illinois Gaming Board has identified as
	5635	+	23 requiring a license to engage in riverboat, dockside, or
	5636	+	24 land-based gambling in Illinois.
	5637	+	25 "Operate" or "operation" means to do one or more of the
	5638	+	26 following: maintain, improve, equip, modify, or otherwise
	5639	+
	5640	+
	5641	+
	5642	+
	5643	+
	5644	+	HB1131 Enrolled - 159 - LRB103 05007 AWJ 50020 b
	5645	+
	5646	+
	5647	+	HB1131 Enrolled- 160 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 160 - LRB103 05007 AWJ 50020 b
	5648	+	HB1131 Enrolled - 160 - LRB103 05007 AWJ 50020 b
	5649	+	1 operate.
	5650	+	2 "Person" means any natural person, firm, partnership,
	5651	+	3 corporation, both domestic and foreign, company, association,
	5652	+	4 or joint stock association and includes any trustee, receiver,
	5653	+	5 assignee, or personal representative thereof.
	5654	+	6 "Project" means an industrial, housing, residential,
	5655	+	7 commercial, transportation, or service project, or any
	5656	+	8 combination thereof, provided that all uses shall fall within
	5657	+	9 one of those categories. Any project, of any nature
	5658	+	10 whatsoever, shall automatically include all site improvements
	5659	+	11 and new construction involving sidewalks, sewers, solid waste
	5660	+	12 and wastewater treatment and disposal sites and other
	5661	+	13 pollution control facilities, resource or waste reduction,
	5662	+	14 recovery, treatment and disposal facilities, parks, open
	5663	+	15 spaces, wildlife sanctuaries, streets, highways, and runways.
	5664	+	16 "Restricted person" means a person who has a familial or
	5665	+	17 business relationship with an Authority leader.
	5666	+	18 "Revenue bond" means any bond issued by the Authority
	5667	+	19 under the supervision of the Illinois Finance Authority, the
	5668	+	20 principal and interest of which are payable solely from
	5669	+	21 revenues or income derived from any project or activity of the
	5670	+	22 Authority.
	5671	+	23 "Transportation facility" means any new or existing road,
	5672	+	24 highway, toll highway, bridge, tunnel, intermodal facility,
	5673	+	25 intercity or high-speed passenger rail, or other
	5674	+	26 transportation facility or infrastructure, excluding airports.
	5675	+
	5676	+
	5677	+
	5678	+
	5679	+
	5680	+	HB1131 Enrolled - 160 - LRB103 05007 AWJ 50020 b
	5681	+
	5682	+
	5683	+	HB1131 Enrolled- 161 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 161 - LRB103 05007 AWJ 50020 b
	5684	+	HB1131 Enrolled - 161 - LRB103 05007 AWJ 50020 b
	5685	+	1 The term "transportation facility" may refer to one or more
	5686	+	2 transportation facilities that are proposed to be developed or
	5687	+	3 operated as part of a single transportation project.
	5688	+	4 "Transportation project" means one or more transportation
	5689	+	5 improvement projects including, but not limited to, new or
	5690	+	6 existing roads or highways, new or expanded intermodal
	5691	+	7 projects, and new or expanded transit projects,
	5692	+	8 transit-oriented development, intercity rail, and passenger
	5693	+	9 rail. "Transportation project" does not include airport
	5694	+	10 projects.
	5695	+	11 (Source: P.A. 98-384, eff. 8-16-13.)
	5696	+	12 (70 ILCS 531/4)
	5697	+	13 Sec. 4. Illinois Urban Development Authority. There is
	5698	+	14 hereby created a political subdivision, body politic and
	5699	+	15 corporate by the name of Illinois Urban Development Authority.
	5700	+	16 The exercise by the Authority of the powers conferred by law
	5701	+	17 shall be an essential public function. The governing powers of
	5702	+	18 the Authority shall be vested in a body consisting of 11
	5703	+	19 members appointed as follows: one member appointed by the
	5704	+	20 Mayor of the City of Chicago that has expertise, skill, and
	5705	+	21 experience in economic development; one member appointed by
	5706	+	22 the President of the Cook County Board that has expertise,
	5707	+	23 skill, and experience in economic development; 4 members
	5708	+	24 appointed by the Governor who are residents of a municipality,
	5709	+	25 other than a municipality with a population greater than
	5710	+
	5711	+
	5712	+
	5713	+
	5714	+
	5715	+	HB1131 Enrolled - 161 - LRB103 05007 AWJ 50020 b
	5716	+
	5717	+
	5718	+	HB1131 Enrolled- 162 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 162 - LRB103 05007 AWJ 50020 b
	5719	+	HB1131 Enrolled - 162 - LRB103 05007 AWJ 50020 b
	5720	+	1 1,000,000, whose municipal poverty rate is greater than 3% in
	5721	+	2 excess of the statewide average; 2 members appointed by the
	5722	+	3 Governor that have an expertise, skill, and experience in
	5723	+	4 labor relations; and 3 members appointed by the Governor that
	5724	+	5 have an expertise, skill, and experience operating a business
	5725	+	6 that is certified by the State of Illinois as a Disadvantaged
	5726	+	7 Business Enterprise, Minority Business Enterprise, or Women
	5727	+	8 Business Enterprise.
	5728	+	9 Six members shall constitute a quorum. However, when a
	5729	+	10 quorum of members of the Authority is physically present at
	5730	+	11 the meeting site, other Authority members may participate in
	5731	+	12 and act at any meeting through the use of a conference
	5732	+	13 telephone or other communications equipment by means of which
	5733	+	14 all persons participating in the meeting can hear each other.
	5734	+	15 Participation in such meeting shall constitute attendance and
	5735	+	16 presence in person at the meeting of the person or persons so
	5736	+	17 participating. The Chairman of the Authority shall be elected
	5737	+	18 by the Authority. All board members shall be persons of
	5738	+	19 recognized ability and experience in one or more of the
	5739	+	20 following areas: economic development, finance, banking,
	5740	+	21 industrial development, small business management, real estate
	5741	+	22 development, community development, venture finance,
	5742	+	23 construction, and labor relations. The Board may not meet or
	5743	+	24 take any action unless the quorum of 6 members are physically
	5744	+	25 present, are present by phone, or are otherwise present as
	5745	+	26 required by this paragraph.
	5746	+
	5747	+
	5748	+
	5749	+
	5750	+
	5751	+	HB1131 Enrolled - 162 - LRB103 05007 AWJ 50020 b
	5752	+
	5753	+
	5754	+	HB1131 Enrolled- 163 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 163 - LRB103 05007 AWJ 50020 b
	5755	+	HB1131 Enrolled - 163 - LRB103 05007 AWJ 50020 b
	5756	+	1 The terms of all members of the Authority shall begin 30
	5757	+	2 days after the effective date of this Act. Of the 11 members
	5758	+	3 first appointed pursuant to this Act, 4 shall serve until the
	5759	+	4 third Monday in January 2011, 4 shall serve until the third
	5760	+	5 Monday in January 2012, and 3 shall serve until the third
	5761	+	6 Monday in January 2013. All board members shall hold office
	5762	+	7 for a term of 4 years commencing the third Monday in January of
	5763	+	8 the year in which their term commences, except in case of an
	5764	+	9 appointment to fill a vacancy. In case of vacancy in the office
	5765	+	10 when the Senate is not in session, the Governor may make a
	5766	+	11 temporary appointment until the next meeting of the Senate
	5767	+	12 when he shall nominate such person to fill such office, and any
	5768	+	13 person so nominated who is confirmed by the Senate, shall hold
	5769	+	14 his office during the remainder of the term and until his
	5770	+	15 successor shall be appointed and qualified. If the Senate is
	5771	+	16 not in session, the Governor may make temporary appointments
	5772	+	17 in the case of vacancies.
	5773	+	18 Members of the Authority shall not be entitled to
	5774	+	19 compensation for their services as members but shall be
	5775	+	20 entitled to reimbursement for all necessary expenses incurred
	5776	+	21 in connection with the performance of their duties as members.
	5777	+	22 The Governor may remove any member of the Authority in case of
	5778	+	23 incompetency, neglect of duty, or malfeasance in office, after
	5779	+	24 service on the member of a copy of the written charges against
	5780	+	25 the member and an opportunity to be publicly heard in person or
	5781	+	26 by counsel in the his or her defense upon not less than 10
	5782	+
	5783	+
	5784	+
	5785	+
	5786	+
	5787	+	HB1131 Enrolled - 163 - LRB103 05007 AWJ 50020 b
	5788	+
	5789	+
	5790	+	HB1131 Enrolled- 164 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 164 - LRB103 05007 AWJ 50020 b
	5791	+	HB1131 Enrolled - 164 - LRB103 05007 AWJ 50020 b
	5792	+	1 days' notice.
	5793	+	2 The members of the Authority shall appoint an Executive
	5794	+	3 Director, who must be a person knowledgeable in the areas of
	5795	+	4 financial markets and instruments and the financing of
	5796	+	5 business enterprises, to hold office at the pleasure of the
	5797	+	6 members. The Executive Director shall be the chief
	5798	+	7 administrative and operational officer of the Authority and
	5799	+	8 shall direct and supervise its administrative affairs and
	5800	+	9 general management and perform such other duties as may be
	5801	+	10 prescribed from time to time by the members and shall receive
	5802	+	11 compensation fixed by the Authority. The Executive Director or
	5803	+	12 any committee of the members may carry out any
	5804	+	13 responsibilities of the members as the members by resolution
	5805	+	14 may delegate. The Executive Director shall attend all meetings
	5806	+	15 of the Authority; however, no action of the Authority shall be
	5807	+	16 invalid on account of the absence of the Executive Director
	5808	+	17 from a meeting. The Authority may engage the services of such
	5809	+	18 other agents and employees, including attorneys, appraisers,
	5810	+	19 engineers, accountants, credit analysts, and other
	5811	+	20 consultants, as it may deem advisable and may prescribe their
	5812	+	21 duties and fix their compensation.
	5813	+	22 The Authority shall determine the municipal poverty rate
	5814	+	23 and the statewide average municipal poverty rate annually by
	5815	+	24 using the most recent data released by the United States
	5816	+	25 Census Bureau before the beginning of each calendar year. The
	5817	+	26 Authority shall have the sole and exclusive authority to
	5818	+
	5819	+
	5820	+
	5821	+
	5822	+
	5823	+	HB1131 Enrolled - 164 - LRB103 05007 AWJ 50020 b
	5824	+
	5825	+
	5826	+	HB1131 Enrolled- 165 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 165 - LRB103 05007 AWJ 50020 b
	5827	+	HB1131 Enrolled - 165 - LRB103 05007 AWJ 50020 b
	5828	+	1 determine the municipal poverty rate and the statewide average
	5829	+	2 municipal poverty rate and to determine whether a
	5830	+	3 municipality's poverty rate is greater than 3% in excess of
	5831	+	4 the statewide average so long as the determination is based on
	5832	+	5 the most recent data released by the United States Census
	5833	+	6 Bureau.
	5834	+	7 (Source: P.A. 96-234, eff. 1-1-10.)
	5835	+	8 (70 ILCS 531/5)
	5836	+	9 Sec. 5. Conflicts of interest; requests for assistance;
	5837	+	10 disclosure of economic interests.
	5838	+	11 (a) No member of the Authority or officer, agent, or
	5839	+	12 employee thereof shall, in the member's own name or in the name
	5840	+	13 of a nominee, be an officer, director, or hold an ownership
	5841	+	14 interest in any person, association, trust, corporation,
	5842	+	15 partnership, or other entity which is, in its own name or in
	5843	+	16 the name of a nominee, a party to a contract or agreement upon
	5844	+	17 which the member or officer, agent or employee may be called
	5845	+	18 upon to act or vote.
	5846	+	19 (b) With respect to any direct or any indirect interest,
	5847	+	20 other than an interest prohibited in subsection (a), in a
	5848	+	21 contract or agreement upon which the member or officer, agent
	5849	+	22 or employee may be called upon to act or vote, a member of the
	5850	+	23 Authority or officer, agent, or employee thereof must disclose
	5851	+	24 the interest to the secretary of the Authority prior to the
	5852	+	25 taking of final action by the Authority concerning the
	5853	+
	5854	+
	5855	+
	5856	+
	5857	+
	5858	+	HB1131 Enrolled - 165 - LRB103 05007 AWJ 50020 b
	5859	+
	5860	+
	5861	+	HB1131 Enrolled- 166 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 166 - LRB103 05007 AWJ 50020 b
	5862	+	HB1131 Enrolled - 166 - LRB103 05007 AWJ 50020 b
	5863	+	1 contract or agreement and shall disclose the nature and extent
	5864	+	2 of the interest and his or her acquisition thereof, which
	5865	+	3 shall be publicly acknowledged by the Authority and entered
	5866	+	4 upon the minutes of the Authority. If a member of the Authority
	5867	+	5 or officer, agent, or employee thereof holds such an interest
	5868	+	6 then the member shall refrain from any further official
	5869	+	7 involvement in regard to the contract or agreement, from
	5870	+	8 voting on any matter pertaining to the contract or agreement,
	5871	+	9 and from communicating with other members of the Authority or
	5872	+	10 its officers, agents, and employees concerning the contract or
	5873	+	11 agreement. Notwithstanding any other provision of law, any
	5874	+	12 contract or agreement entered into in conformity with this
	5875	+	13 subsection shall not be void or invalid by reason of the
	5876	+	14 interest described in this subsection, nor shall any person
	5877	+	15 disclosing an interest and refraining from further official
	5878	+	16 involvement as provided in this subsection be guilty of an
	5879	+	17 offense, be removed from office, or be subject to any other
	5880	+	18 penalty on account of the interest.
	5881	+	19 (c) Any contract or agreement made in violation of
	5882	+	20 subsections (a) or (b) shall be null and void, whether or not
	5883	+	21 the contract performance has been authorized, and shall give
	5884	+	22 rise to no action against the Authority. No real estate to
	5885	+	23 which a member or employee of the Authority holds legal title
	5886	+	24 or in which a member or employee of the Authority has any
	5887	+	25 beneficial interest, including any interest in a land trust,
	5888	+	26 shall be purchased by the Authority or by a nonprofit
	5889	+
	5890	+
	5891	+
	5892	+
	5893	+
	5894	+	HB1131 Enrolled - 166 - LRB103 05007 AWJ 50020 b
	5895	+
	5896	+
	5897	+	HB1131 Enrolled- 167 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 167 - LRB103 05007 AWJ 50020 b
	5898	+	HB1131 Enrolled - 167 - LRB103 05007 AWJ 50020 b
	5899	+	1 corporation or limited-profit entity for a development to be
	5900	+	2 financed under this Act.
	5901	+	3 All members and employees of the Authority shall file
	5902	+	4 annually with the Authority a record of all real estate in this
	5903	+	5 State to which the member or employee holds legal title or in
	5904	+	6 which the member or employee has any beneficial interest,
	5905	+	7 including any interest in a land trust. In the event it is
	5906	+	8 later disclosed that the Authority has purchased real estate
	5907	+	9 in which a member or employee had an interest, that purchase
	5908	+	10 shall be voidable by the Authority and the member or employee
	5909	+	11 involved shall be disqualified from membership in or
	5910	+	12 employment by the Authority.
	5911	+	13 (d) The Authority may not hear a request for assistance
	5912	+	14 from a restricted person. This prohibition extends to business
	5913	+	15 relationships between a person who is an Authority leader
	5914	+	16 within one year prior to the request for assistance and to any
	5915	+	17 entity in which a restricted person holds or, within the past 2
	5916	+	18 years, held an ownership interest of 10% or more.
	5917	+	19 (e) An Authority leader shall disclose and recuse himself
	5918	+	20 or herself from matters relating to requests for assistance
	5919	+	21 from an entity that is relocating full-time employees from
	5920	+	22 another Authority's counties if (i) both Authorities contract
	5921	+	23 with or employ the same Authority leader or (ii) there is or,
	5922	+	24 within the past 2 years of the request, there was a business
	5923	+	25 relationship between the Authority leaders at the 2
	5924	+	26 Authorities.
	5925	+
	5926	+
	5927	+
	5928	+
	5929	+
	5930	+	HB1131 Enrolled - 167 - LRB103 05007 AWJ 50020 b
	5931	+
	5932	+
	5933	+	HB1131 Enrolled- 168 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 168 - LRB103 05007 AWJ 50020 b
	5934	+	HB1131 Enrolled - 168 - LRB103 05007 AWJ 50020 b
	5935	+	1 (f) The Board of the Authority shall vote to renew the
	5936	+	2 appointment of the Executive Director and other Authority
	5937	+	3 leaders on an annual basis. All contracts shall be approved on
	5938	+	4 an annual basis and use a public process to solicit
	5939	+	5 applications. This requirement does not apply to full-time
	5940	+	6 employees of the Authority unless otherwise required by
	5941	+	7 applicable State law or local ordinance.
	5942	+	8 (g) Each Authority leader shall submit a statement of
	5943	+	9 economic interest in accordance with Article 4A of the
	5944	+	10 Illinois Governmental Ethics Act. Additionally, each Authority
	5945	+	11 leader shall disclose to the Board outside sources of income
	5946	+	12 and any business relationships in economic development
	5947	+	13 consulting or lobbying. Reporting shall include the source of
	5948	+	14 income, services provided, and timeline of when services were
	5949	+	15 provided. If the source of income is a firm or organization
	5950	+	16 with multiple clients, the report shall list all of the
	5951	+	17 entities for which the individual provided services.
	5952	+	18 (Source: P.A. 96-234, eff. 1-1-10.)
	5953	+	19 (70 ILCS 531/6)
	5954	+	20 Sec. 6. Records, and reports, and notices of the
	5955	+	21 Authority. The secretary shall keep a record of the
	5956	+	22 proceedings of the Authority. The treasurer of the Authority
	5957	+	23 shall be custodian of all Authority funds, and shall be bonded
	5958	+	24 in such amount as the other members of the Authority may
	5959	+	25 designate. The accounts and bonds of the Authority shall be
	5960	+
	5961	+
	5962	+
	5963	+
	5964	+
	5965	+	HB1131 Enrolled - 168 - LRB103 05007 AWJ 50020 b
	5966	+
	5967	+
	5968	+	HB1131 Enrolled- 169 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 169 - LRB103 05007 AWJ 50020 b
	5969	+	HB1131 Enrolled - 169 - LRB103 05007 AWJ 50020 b
	5970	+	1 set up and maintained in a manner approved by the Auditor
	5971	+	2 General, and the Authority shall file with the Auditor General
	5972	+	3 a certified annual report within 120 days after the close of
	5973	+	4 its fiscal year. The Authority shall also file with the
	5974	+	5 Governor, the Secretary of the Senate, the Clerk of the House
	5975	+	6 of Representatives, and the Commission on Government
	5976	+	7 Forecasting and Accountability, by March 1 of each year, a
	5977	+	8 written report covering its activities and any activities of
	5978	+	9 any instrumentality corporation established under this Act for
	5979	+	10 the previous fiscal year. In its report to be filed by March 1,
	5980	+	11 2010, the Authority shall present an economic development
	5981	+	12 strategy for all municipalities with a municipal poverty rate
	5982	+	13 greater than 3% in excess of the statewide average, the
	5983	+	14 Authority shall make modifications in the economic development
	5984	+	15 strategy for the 4 years beginning on the next ensuing July 1,
	5985	+	16 to reflect changes in economic conditions or other factors,
	5986	+	17 including the policies of the Authority and the State of
	5987	+	18 Illinois. It shall also present an economic development
	5988	+	19 strategy for the fifth year beginning after the next ensuing
	5989	+	20 July 1. The strategy shall recommend specific legislative and
	5990	+	21 administrative action by the State, the Authority, units of
	5991	+	22 local government, or other governmental agencies. These
	5992	+	23 recommendations may include, but are not limited to, new
	5993	+	24 programs, modifications to existing programs, credit
	5994	+	25 enhancements for bonds issued by the Authority, and amendments
	5995	+	26 to this Act. When filed, the report shall be a public record
	5996	+
	5997	+
	5998	+
	5999	+
	6000	+
	6001	+	HB1131 Enrolled - 169 - LRB103 05007 AWJ 50020 b
	6002	+
	6003	+
	6004	+	HB1131 Enrolled- 170 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 170 - LRB103 05007 AWJ 50020 b
	6005	+	HB1131 Enrolled - 170 - LRB103 05007 AWJ 50020 b
	6006	+	1 and open for inspection at the offices of the Authority during
	6007	+	2 normal business hours.
	6008	+	3 The Authority is subject to the Open Meetings Act and the
	6009	+	4 Freedom of Information Act. Documents subject to the Freedom
	6010	+	5 of Information Act include, but are not limited to, expenses,
	6011	+	6 payroll, origination bonuses, and other financial details of
	6012	+	7 the Authority.
	6013	+	8 A contract or agreement entered into by the Authority must
	6014	+	9 be posted on the Authority's website. The Authority shall
	6015	+	10 provide a detailed report of the Authority's financial
	6016	+	11 information on the Authority's website, including, but not
	6017	+	12 limited to, a statement of profits and losses, balance sheet,
	6018	+	13 and income statement of the Authority.
	6019	+	14 The Authority shall provide notice to the General
	6020	+	15 Assembly, the Department of Commerce and Economic Opportunity,
	6021	+	16 and the Governor once the Authority enters into a commitment
	6022	+	17 to support the financing of a project. The notice to the
	6023	+	18 General Assembly shall be filed with the Clerk of the House of
	6024	+	19 Representatives and the Secretary of the Senate, in electronic
	6025	+	20 form only, in the manner that the Clerk and the Secretary shall
	6026	+	21 direct.
	6027	+	22 (Source: P.A. 100-1148, eff. 12-10-18.)
	6028	+	23 Section 70. The Western Illinois Economic Development
	6029	+	24 Authority Act is amended by changing Sections 15, 20, and 75
	6030	+	25 and by adding Sections 26 and 27 as follows:
	6031	+
	6032	+
	6033	+
	6034	+
	6035	+
	6036	+	HB1131 Enrolled - 170 - LRB103 05007 AWJ 50020 b
	6037	+
	6038	+
	6039	+	HB1131 Enrolled- 171 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 171 - LRB103 05007 AWJ 50020 b
	6040	+	HB1131 Enrolled - 171 - LRB103 05007 AWJ 50020 b
	6041	+	1 (70 ILCS 532/15)
	6042	+	2 Sec. 15. Definitions. In this Act:
	6043	+	3 "Authority" means the Western Illinois Economic
	6044	+	4 Development Authority.
	6045	+	5 "Authority leader" means the Executive Director, Assistant
	6046	+	6 Executive Director, or any other person serving in a
	6047	+	7 management, administrative, or leadership role at the
	6048	+	8 Authority.
	6049	+	9 "Governmental agency" means any federal, State, or local
	6050	+	10 governmental body and any agency or instrumentality thereof,
	6051	+	11 corporate or otherwise.
	6052	+	12 "Person" means any natural person, firm, partnership,
	6053	+	13 corporation, both domestic and foreign, company, association
	6054	+	14 or joint stock association and includes any trustee, receiver,
	6055	+	15 assignee or personal representative thereof.
	6056	+	16 "Restricted person" means a person who has a familial or
	6057	+	17 business relationship with an Authority leader.
	6058	+	18 "Revenue bond" means any bond issued by the Authority, the
	6059	+	19 principal and interest of which is payable solely from
	6060	+	20 revenues or income derived from any project or activity of the
	6061	+	21 Authority.
	6062	+	22 "Board" means the Board of Directors of the Western
	6063	+	23 Illinois Economic Development Authority.
	6064	+	24 "Governor" means the Governor of the State of Illinois.
	6065	+	25 "City" means any city, village, incorporated town, or
	6066	+
	6067	+
	6068	+
	6069	+
	6070	+
	6071	+	HB1131 Enrolled - 171 - LRB103 05007 AWJ 50020 b
	6072	+
	6073	+
	6074	+	HB1131 Enrolled- 172 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 172 - LRB103 05007 AWJ 50020 b
	6075	+	HB1131 Enrolled - 172 - LRB103 05007 AWJ 50020 b
	6076	+	1 township within the geographical territory of the Authority.
	6077	+	2 "Industrial project" means the following:
	6078	+	3 (1) a capital project, including one or more buildings
	6079	+	4 and other structures, improvements, machinery and
	6080	+	5 equipment whether or not on the same site or sites now
	6081	+	6 existing or hereafter acquired, suitable for use by any
	6082	+	7 manufacturing, industrial, research, transportation or
	6083	+	8 commercial enterprise including but not limited to use as
	6084	+	9 a factory, mill, processing plant, assembly plant,
	6085	+	10 packaging plant, fabricating plant, ethanol plant, office
	6086	+	11 building, industrial distribution center, warehouse,
	6087	+	12 repair, overhaul or service facility, freight terminal,
	6088	+	13 research facility, test facility, railroad facility, port
	6089	+	14 facility, solid waste and wastewater treatment and
	6090	+	15 disposal sites and other pollution control facilities,
	6091	+	16 resource or waste reduction, recovery, treatment and
	6092	+	17 disposal facilities, and including also the sites thereof
	6093	+	18 and other rights in land therefore whether improved or
	6094	+	19 unimproved, site preparation and landscaping and all
	6095	+	20 appurtenances and facilities incidental thereto such as
	6096	+	21 utilities, access roads, railroad sidings, truck docking
	6097	+	22 and similar facilities, parking facilities, dockage,
	6098	+	23 wharfage, railroad roadbed, track, trestle, depot,
	6099	+	24 terminal, switching and signaling equipment or related
	6100	+	25 equipment and other improvements necessary or convenient
	6101	+	26 thereto; or
	6102	+
	6103	+
	6104	+
	6105	+
	6106	+
	6107	+	HB1131 Enrolled - 172 - LRB103 05007 AWJ 50020 b
	6108	+
	6109	+
	6110	+	HB1131 Enrolled- 173 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 173 - LRB103 05007 AWJ 50020 b
	6111	+	HB1131 Enrolled - 173 - LRB103 05007 AWJ 50020 b
	6112	+	1 (2) any land, buildings, machinery or equipment
	6113	+	2 comprising an addition to or renovation, rehabilitation or
	6114	+	3 improvement of any existing capital project.
	6115	+	4 "Housing project" or "residential project" includes a
	6116	+	5 specific work or improvement undertaken to provide dwelling
	6117	+	6 accommodations, including the acquisition, construction or
	6118	+	7 rehabilitation of lands, buildings and community facilities
	6119	+	8 and in connection therewith to provide nonhousing facilities
	6120	+	9 which are an integral part of a planned large-scale project or
	6121	+	10 new community.
	6122	+	11 "Commercial project" means any project, including, but not
	6123	+	12 limited to, one or more buildings and other structures,
	6124	+	13 improvements, machinery, and equipment, whether or not on the
	6125	+	14 same site or sites now existing or hereafter acquired,
	6126	+	15 suitable for use by any retail or wholesale concern,
	6127	+	16 distributorship, or agency.
	6128	+	17 "Project" means an industrial, housing, residential,
	6129	+	18 commercial, or service project, or any combination thereof,
	6130	+	19 provided that all uses fall within one of the categories
	6131	+	20 described above. Any project automatically includes all site
	6132	+	21 improvements and new construction involving sidewalks, sewers,
	6133	+	22 solid waste and wastewater treatment and disposal sites and
	6134	+	23 other pollution control facilities, resource or waste
	6135	+	24 reduction, recovery, treatment and disposal facilities, parks,
	6136	+	25 open spaces, wildlife sanctuaries, streets, highways, and
	6137	+	26 runways.
	6138	+
	6139	+
	6140	+
	6141	+
	6142	+
	6143	+	HB1131 Enrolled - 173 - LRB103 05007 AWJ 50020 b
	6144	+
	6145	+
	6146	+	HB1131 Enrolled- 174 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 174 - LRB103 05007 AWJ 50020 b
	6147	+	HB1131 Enrolled - 174 - LRB103 05007 AWJ 50020 b
	6148	+	1 "Lease agreement" means an agreement in which a project
	6149	+	2 acquired by the Authority by purchase, gift, or lease is
	6150	+	3 leased to any person or corporation that will use, or cause the
	6151	+	4 project to be used, as a project, upon terms providing for
	6152	+	5 lease rental payments at least sufficient to pay, when due,
	6153	+	6 all principal of and interest and premium, if any, on any
	6154	+	7 bonds, notes, or other evidences of indebtedness of the
	6155	+	8 Authority, issued with respect to the project, providing for
	6156	+	9 the maintenance, insurance, and operation of the project on
	6157	+	10 terms satisfactory to the Authority and providing for
	6158	+	11 disposition of the project upon termination of the lease term,
	6159	+	12 including purchase options or abandonment of the premises,
	6160	+	13 with other terms as may be deemed desirable by the Authority.
	6161	+	14 "Loan agreement" means any agreement in which the
	6162	+	15 Authority agrees to loan the proceeds of its bonds, notes, or
	6163	+	16 other evidences of indebtedness, issued with respect to a
	6164	+	17 project, to any person or corporation which will use or cause
	6165	+	18 the project to be used as a project, upon terms providing for
	6166	+	19 loan repayment installments at least sufficient to pay, when
	6167	+	20 due, all principal of and interest and premium, if any, on any
	6168	+	21 bonds, notes, or other evidences of indebtedness of the
	6169	+	22 Authority issued with respect to the project, providing for
	6170	+	23 maintenance, insurance, and operation of the project on terms
	6171	+	24 satisfactory to the Authority and providing for other terms
	6172	+	25 deemed advisable by the Authority.
	6173	+	26 "Financial aid" means the expenditure of Authority funds
	6174	+
	6175	+
	6176	+
	6177	+
	6178	+
	6179	+	HB1131 Enrolled - 174 - LRB103 05007 AWJ 50020 b
	6180	+
	6181	+
	6182	+	HB1131 Enrolled- 175 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 175 - LRB103 05007 AWJ 50020 b
	6183	+	HB1131 Enrolled - 175 - LRB103 05007 AWJ 50020 b
	6184	+	1 or funds provided by the Authority for the development,
	6185	+	2 construction, acquisition or improvement of a project, through
	6186	+	3 the issuance of revenue bonds, notes, or other evidences of
	6187	+	4 indebtedness.
	6188	+	5 "Costs incurred in connection with the development,
	6189	+	6 construction, acquisition or improvement of a project" means
	6190	+	7 the following:
	6191	+	8 (1) the cost of purchase and construction of all lands
	6192	+	9 and improvements in connection therewith and equipment and
	6193	+	10 other property, rights, easements, and franchises acquired
	6194	+	11 which are deemed necessary for the construction;
	6195	+	12 (2) financing charges;
	6196	+	13 (3) interest costs with respect to bonds, notes, and
	6197	+	14 other evidences of indebtedness of the Authority prior to
	6198	+	15 and during construction and for a period of 6 months
	6199	+	16 thereafter;
	6200	+	17 (4) engineering and legal expenses; and
	6201	+	18 (5) the costs of plans, specifications, surveys, and
	6202	+	19 estimates of costs and other expenses necessary or
	6203	+	20 incident to determining the feasibility or practicability
	6204	+	21 of any project, together with such other expenses as may
	6205	+	22 be necessary or incident to the financing, insuring,
	6206	+	23 acquisition, and construction of a specific project and
	6207	+	24 the placing of the same in operation.
	6208	+	25 (Source: P.A. 98-750, eff. 1-1-15.)
	6209	+
	6210	+
	6211	+
	6212	+
	6213	+
	6214	+	HB1131 Enrolled - 175 - LRB103 05007 AWJ 50020 b
	6215	+
	6216	+
	6217	+	HB1131 Enrolled- 176 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 176 - LRB103 05007 AWJ 50020 b
	6218	+	HB1131 Enrolled - 176 - LRB103 05007 AWJ 50020 b
	6219	+	1 (70 ILCS 532/20)
	6220	+	2 Sec. 20. Creation.
	6221	+	3 (a) There is created a political subdivision, body
	6222	+	4 politic, and municipal corporation named the Western Illinois
	6223	+	5 Economic Development Authority. The territorial jurisdiction
	6224	+	6 of the Authority is that geographic area within the boundaries
	6225	+	7 of the following counties: Warren, Henderson, Hancock,
	6226	+	8 McDonough, Fulton, Mason, Cass, Schuyler, Brown, Adams, Scott,
	6227	+	9 Morgan, and Pike and any navigable waters and air space
	6228	+	10 located therein.
	6229	+	11 (b) The governing and administrative powers of the
	6230	+	12 Authority shall be vested in a body consisting of 21 members as
	6231	+	13 follows:
	6232	+	14 (1) Ex officio members. The Director of Commerce and
	6233	+	15 Economic Opportunity, or a designee of that Department,
	6234	+	16 and the Director of Central Management Services, or a
	6235	+	17 designee of that Department, shall serve as ex officio
	6236	+	18 members.
	6237	+	19 (2) Public members. Six members shall be appointed by
	6238	+	20 the Governor with the advice and consent of the Senate.
	6239	+	21 The county board chairmen of the following counties shall
	6240	+	22 each appoint one member: Warren, Henderson, Hancock,
	6241	+	23 McDonough, Fulton, Mason, Cass, Schuyler, Brown, Adams,
	6242	+	24 Scott, Morgan, and Pike. All public members shall reside
	6243	+	25 within the territorial jurisdiction of the Authority. The
	6244	+	26 public members shall be persons of recognized ability and
	6245	+
	6246	+
	6247	+
	6248	+
	6249	+
	6250	+	HB1131 Enrolled - 176 - LRB103 05007 AWJ 50020 b
	6251	+
	6252	+
	6253	+	HB1131 Enrolled- 177 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 177 - LRB103 05007 AWJ 50020 b
	6254	+	HB1131 Enrolled - 177 - LRB103 05007 AWJ 50020 b
	6255	+	1 experience in one or more of the following areas: economic
	6256	+	2 development, finance, banking, industrial development,
	6257	+	3 state or local government, commercial agriculture, small
	6258	+	4 business management, real estate development, community
	6259	+	5 development, venture finance, organized labor, or civic or
	6260	+	6 community organization.
	6261	+	7 (c) 11 members shall constitute a quorum, and the Board
	6262	+	8 may not meet or take any action without a quorum present.
	6263	+	9 (d) The chairman of the Authority shall be elected
	6264	+	10 annually by the Board and must be a public member that resides
	6265	+	11 within the territorial jurisdiction of the Authority.
	6266	+	12 (e) The terms of all initial members of the Authority
	6267	+	13 shall begin 30 days after the effective date of this Act. Of
	6268	+	14 the 6 original public members appointed by the Governor, 2
	6269	+	15 shall serve until the third Monday in January, 2005; 1 shall
	6270	+	16 serve until the third Monday in January, 2006; 1 shall serve
	6271	+	17 until the third Monday in January, 2007; 1 shall serve until
	6272	+	18 the third Monday in January, 2008; and 1 shall serve until the
	6273	+	19 third Monday in January, 2009. The initial terms of the
	6274	+	20 original public members appointed by the county board chairmen
	6275	+	21 shall be determined by lot, according to the following
	6276	+	22 schedule: (i) 3 shall serve until the third Monday in January,
	6277	+	23 2005, (ii) 3 shall serve until the third Monday in January,
	6278	+	24 2006, (iii) 3 shall serve until the third Monday in January,
	6279	+	25 2007, (iv) 2 shall serve until the third Monday in January,
	6280	+	26 2008, and (v) 2 shall serve until the third Monday in January,
	6281	+
	6282	+
	6283	+
	6284	+
	6285	+
	6286	+	HB1131 Enrolled - 177 - LRB103 05007 AWJ 50020 b
	6287	+
	6288	+
	6289	+	HB1131 Enrolled- 178 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 178 - LRB103 05007 AWJ 50020 b
	6290	+	HB1131 Enrolled - 178 - LRB103 05007 AWJ 50020 b
	6291	+	1 2009. All successors to these original public members shall be
	6292	+	2 appointed by the original appointing authority and all
	6293	+	3 appointments made by the Governor shall be made with the
	6294	+	4 advice and consent of the Senate, pursuant to subsection (b),
	6295	+	5 and shall hold office for a term of 6 years commencing the
	6296	+	6 third Monday in January of the year in which their term
	6297	+	7 commences, except in the case of an appointment to fill a
	6298	+	8 vacancy. Vacancies occurring among the public members shall be
	6299	+	9 filled for the remainder of the term. In case of vacancy in a
	6300	+	10 Governor-appointed membership when the Senate is not in
	6301	+	11 session, the Governor may make a temporary appointment until
	6302	+	12 the next meeting of the Senate when a person shall be nominated
	6303	+	13 to fill the office and, upon confirmation by the Senate, he or
	6304	+	14 she shall hold office during the remainder of the term and
	6305	+	15 until a successor is appointed and qualified. Members of the
	6306	+	16 Authority are not entitled to compensation for their services
	6307	+	17 as members but are entitled to reimbursement for all necessary
	6308	+	18 expenses incurred in connection with the performance of their
	6309	+	19 duties as members.
	6310	+	20 (f) The Governor may remove any public member of the
	6311	+	21 Authority in case of incompetence, neglect of duty, or
	6312	+	22 malfeasance in office. The chairman of a county board may
	6313	+	23 remove any public member appointed by that chairman in the
	6314	+	24 case of incompetence, neglect of duty, or malfeasance in
	6315	+	25 office.
	6316	+	26 (g) The Board shall appoint an Executive Director who
	6317	+
	6318	+
	6319	+
	6320	+
	6321	+
	6322	+	HB1131 Enrolled - 178 - LRB103 05007 AWJ 50020 b
	6323	+
	6324	+
	6325	+	HB1131 Enrolled- 179 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 179 - LRB103 05007 AWJ 50020 b
	6326	+	HB1131 Enrolled - 179 - LRB103 05007 AWJ 50020 b
	6327	+	1 shall have a background in finance, including familiarity with
	6328	+	2 the legal and procedural requirements of issuing bonds, real
	6329	+	3 estate, or economic development and administration. The
	6330	+	4 Executive Director shall hold office at the discretion of the
	6331	+	5 Board. The Executive Director shall be the chief
	6332	+	6 administrative and operational officer of the Authority, shall
	6333	+	7 direct and supervise its administrative affairs and general
	6334	+	8 management, perform such other duties as may be prescribed
	6335	+	9 from time to time by the members, and receive compensation
	6336	+	10 fixed by the Authority. The Department of Commerce and
	6337	+	11 Community Affairs shall pay the compensation of the Executive
	6338	+	12 Director from appropriations received for that purpose. The
	6339	+	13 Executive Director shall attend all meetings of the Authority.
	6340	+	14 However, no action of the Authority shall be invalid on
	6341	+	15 account of the absence of the Executive Director from a
	6342	+	16 meeting. The Authority may engage the services of the Illinois
	6343	+	17 Finance Authority, attorneys, appraisers, engineers,
	6344	+	18 accountants, credit analysts, and other consultants if the
	6345	+	19 Western Illinois Economic Development Authority deems it
	6346	+	20 advisable.
	6347	+	21 (Source: P.A. 93-874, eff. 8-6-04.)
	6348	+	22 (70 ILCS 532/26 new)
	6349	+	23 Sec. 26. Requests for assistance; disclosure of economic
	6350	+	24 interests.
	6351	+	25 (a) The Authority may not hear a request for assistance
	6352	+
	6353	+
	6354	+
	6355	+
	6356	+
	6357	+	HB1131 Enrolled - 179 - LRB103 05007 AWJ 50020 b
	6358	+
	6359	+
	6360	+	HB1131 Enrolled- 180 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 180 - LRB103 05007 AWJ 50020 b
	6361	+	HB1131 Enrolled - 180 - LRB103 05007 AWJ 50020 b
	6362	+	1 from a restricted person. This prohibition extends to business
	6363	+	2 relationships between a person who is an Authority leader
	6364	+	3 within one year prior to the request for assistance and to any
	6365	+	4 entity in which a restricted person holds or, within the past 2
	6366	+	5 years, held an ownership interest of 10% or more.
	6367	+	6 (b) An Authority leader shall disclose and recuse himself
	6368	+	7 or herself from matters relating to requests for assistance
	6369	+	8 from an entity that is relocating full-time employees from
	6370	+	9 another Authority's counties if (i) both Authorities contract
	6371	+	10 with or employ the same Authority leader or (ii) there is or,
	6372	+	11 within the past 2 years of the request, there was a business
	6373	+	12 relationship between the Authority leaders at the 2
	6374	+	13 Authorities.
	6375	+	14 (c) The Board of the Authority shall vote to renew the
	6376	+	15 appointment of the Executive Director and other Authority
	6377	+	16 leaders on an annual basis. All contracts shall be approved on
	6378	+	17 an annual basis and use a public process to solicit
	6379	+	18 applications. This requirement does not apply to full-time
	6380	+	19 employees of the Authority unless otherwise required by
	6381	+	20 applicable State law or local ordinance.
	6382	+	21 (d) Each Authority leader shall submit a statement of
	6383	+	22 economic interest in accordance with Article 4A of the
	6384	+	23 Illinois Governmental Ethics Act. Additionally, each Authority
	6385	+	24 leader shall disclose to the Board outside sources of income
	6386	+	25 and any business relationships in economic development
	6387	+	26 consulting or lobbying. Reporting shall include the source of
	6388	+
	6389	+
	6390	+
	6391	+
	6392	+
	6393	+	HB1131 Enrolled - 180 - LRB103 05007 AWJ 50020 b
	6394	+
	6395	+
	6396	+	HB1131 Enrolled- 181 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 181 - LRB103 05007 AWJ 50020 b
	6397	+	HB1131 Enrolled - 181 - LRB103 05007 AWJ 50020 b
	6398	+	1 income, services provided, and timeline of when services were
	6399	+	2 provided. If the source of income is a firm or organization
	6400	+	3 with multiple clients, the report shall list all of the
	6401	+	4 entities for which the individual provided services.
	6402	+	5 (70 ILCS 532/27 new)
	6403	+	6 Sec. 27. Open meetings; record disclosure.
	6404	+	7 (a) The Authority is subject to the Open Meetings Act and
	6405	+	8 the Freedom of Information Act. Documents subject to the
	6406	+	9 Freedom of Information Act include, but are not limited to,
	6407	+	10 expenses, payroll, origination bonuses, and other financial
	6408	+	11 details of the Authority.
	6409	+	12 (b) A contract or agreement entered into by the Authority
	6410	+	13 must be posted on the Authority's website. The Authority shall
	6411	+	14 provide a detailed report of the Authority's financial
	6412	+	15 information on the Authority's website, including, but not
	6413	+	16 limited to, a statement of profits and losses, balance sheet,
	6414	+	17 and income statement of the Authority.
	6415	+	18 (70 ILCS 532/75)
	6416	+	19 Sec. 75. Reports; commitment notice. The Authority shall
	6417	+	20 annually submit a report of its finances to the Auditor
	6418	+	21 General. The Authority shall annually submit a report of its
	6419	+	22 activities to the Governor and to the General Assembly.
	6420	+	23 The Authority shall provide notice to the General
	6421	+	24 Assembly, the Department of Commerce and Economic Opportunity,
	6422	+
	6423	+
	6424	+
	6425	+
	6426	+
	6427	+	HB1131 Enrolled - 181 - LRB103 05007 AWJ 50020 b
	6428	+
	6429	+
	6430	+	HB1131 Enrolled- 182 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 182 - LRB103 05007 AWJ 50020 b
	6431	+	HB1131 Enrolled - 182 - LRB103 05007 AWJ 50020 b
	6432	+	1 and the Governor once the Authority enters into a commitment
	6433	+	2 to support the financing of a project. The notice to the
	6434	+	3 General Assembly shall be filed with the Clerk of the House of
	6435	+	4 Representatives and the Secretary of the Senate, in electronic
	6436	+	5 form only, in the manner that the Clerk and the Secretary shall
	6437	+	6 direct.
	6438	+	7 (Source: P.A. 93-874, eff. 8-6-04.)
	6439	+	8 Section 75. The Will-Kankakee Regional Development
	6440	+	9 Authority Law is amended by changing Sections 3, 4, and 13 and
	6441	+	10 by adding Sections 5.1 and 5.2 as follows:
	6442	+	11 (70 ILCS 535/3) (from Ch. 85, par. 7453)
	6443	+	12 Sec. 3. Definitions. The following terms, whenever used or
	6444	+	13 referred to in this Act, shall have the following meanings,
	6445	+	14 except in such instances where the context may clearly
	6446	+	15 indicate otherwise:
	6447	+	16 (a) "Authority" means the Will-Kankakee Regional
	6448	+	17 Development Authority created by this Act.
	6449	+	18 (a-5) "Authority leader" means the Executive Director,
	6450	+	19 Assistant Executive Director, or any other person serving in a
	6451	+	20 management, administrative, or leadership role at the
	6452	+	21 Authority.
	6453	+	22 (b) "Governmental agency" means any federal, State or
	6454	+	23 local governmental body, and any agency or instrumentality
	6455	+	24 thereof, corporate or otherwise.
	6456	+
	6457	+
	6458	+
	6459	+
	6460	+
	6461	+	HB1131 Enrolled - 182 - LRB103 05007 AWJ 50020 b
	6462	+
	6463	+
	6464	+	HB1131 Enrolled- 183 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 183 - LRB103 05007 AWJ 50020 b
	6465	+	HB1131 Enrolled - 183 - LRB103 05007 AWJ 50020 b
	6466	+	1 (c) "Person" means any natural person, firm, partnership,
	6467	+	2 corporation, both domestic and foreign, company, association
	6468	+	3 or joint stock association and includes any trustee, receiver,
	6469	+	4 assignee or personal representative thereof.
	6470	+	5 (c-5) "Restricted person" means a person who has a
	6471	+	6 familial or business relationship with an Authority leader.
	6472	+	7 (d) "Revenue bond" means any bond issued by the Authority
	6473	+	8 the principal and interest of which is payable solely from
	6474	+	9 revenues or income derived from any project or activity of the
	6475	+	10 Authority.
	6476	+	11 (e) "Board" means the Will-Kankakee Regional Development
	6477	+	12 Authority Board of Directors.
	6478	+	13 (f) "Governor" means the Governor of the State of
	6479	+	14 Illinois.
	6480	+	15 (g) "City" means any city, village, incorporated town or
	6481	+	16 township within the geographical territory of the Authority.
	6482	+	17 (h) "Industrial project" means (1) a capital project,
	6483	+	18 including one or more buildings and other structures,
	6484	+	19 improvements, machinery and equipment whether or not on the
	6485	+	20 same site or sites now existing or hereafter acquired,
	6486	+	21 suitable for use by any manufacturing, industrial, research,
	6487	+	22 transportation or commercial enterprise including but not
	6488	+	23 limited to use as a factory, mill, processing plant, assembly
	6489	+	24 plant, packaging plant, fabricating plant, office building,
	6490	+	25 industrial distribution center, warehouse, repair, overhaul or
	6491	+	26 service facility, freight terminal, research facility, test
	6492	+
	6493	+
	6494	+
	6495	+
	6496	+
	6497	+	HB1131 Enrolled - 183 - LRB103 05007 AWJ 50020 b
	6498	+
	6499	+
	6500	+	HB1131 Enrolled- 184 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 184 - LRB103 05007 AWJ 50020 b
	6501	+	HB1131 Enrolled - 184 - LRB103 05007 AWJ 50020 b
	6502	+	1 facility, railroad facility, solid waste and wastewater
	6503	+	2 treatment and disposal sites and other pollution control
	6504	+	3 facilities, resource or waste reduction, recovery, treatment
	6505	+	4 and disposal facilities, and including also the sites thereof
	6506	+	5 and other rights in land therefor whether improved or
	6507	+	6 unimproved, site preparation and landscaping and all
	6508	+	7 appurtenances and facilities incidental thereto such as
	6509	+	8 utilities, access roads, railroad sidings, truck docking and
	6510	+	9 similar facilities, parking facilities, dockage, wharfage,
	6511	+	10 railroad roadbed, track, trestle, depot, terminal, switching
	6512	+	11 and signaling equipment or related equipment and other
	6513	+	12 improvements necessary or convenient thereto; or (2) any land,
	6514	+	13 buildings, machinery or equipment comprising an addition to or
	6515	+	14 renovation, rehabilitation or improvement of any existing
	6516	+	15 capital project.
	6517	+	16 (h-5) "Housing project" or "residential project" includes
	6518	+	17 a specific work or improvement undertaken to provide dwelling
	6519	+	18 accommodations, including the acquisition, construction or
	6520	+	19 rehabilitation of lands, buildings and community facilities
	6521	+	20 and in connection therewith to provide nonhousing facilities
	6522	+	21 which are an integral part of a planned large-scale project or
	6523	+	22 new community.
	6524	+	23 (i) "Commercial project" means any project, including but
	6525	+	24 not limited to one or more buildings and other structures,
	6526	+	25 improvements, machinery and equipment whether or not on the
	6527	+	26 same site or sites now existing or hereafter acquired,
	6528	+
	6529	+
	6530	+
	6531	+
	6532	+
	6533	+	HB1131 Enrolled - 184 - LRB103 05007 AWJ 50020 b
	6534	+
	6535	+
	6536	+	HB1131 Enrolled- 185 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 185 - LRB103 05007 AWJ 50020 b
	6537	+	HB1131 Enrolled - 185 - LRB103 05007 AWJ 50020 b
	6538	+	1 suitable for use by any retail or wholesale concern,
	6539	+	2 distributorship or agency, any cultural facilities of a
	6540	+	3 for-profit or not-for-profit type including but not limited to
	6541	+	4 educational, theatrical, recreational and entertainment,
	6542	+	5 sports facilities, racetracks, stadiums, convention centers,
	6543	+	6 exhibition halls, arenas, opera houses and theaters,
	6544	+	7 waterfront improvements, swimming pools, boat storage,
	6545	+	8 moorage, docking facilities, restaurants, velodromes,
	6546	+	9 coliseums, sports training facilities, parking facilities,
	6547	+	10 terminals, hotels and motels, gymnasiums, medical facilities
	6548	+	11 and port facilities.
	6549	+	12 (j) "Project" means an industrial, commercial or service
	6550	+	13 project or any combination thereof provided that all uses
	6551	+	14 shall fall within one of the categories described above. Any
	6552	+	15 project, of any nature whatsoever, shall automatically include
	6553	+	16 all site improvements and new construction involving
	6554	+	17 sidewalks, sewers, solid waste and wastewater treatment and
	6555	+	18 disposal sites and other pollution control facilities,
	6556	+	19 resource or waste reduction, recovery, treatment and disposal
	6557	+	20 facilities, parks, open spaces, wildlife sanctuaries, streets,
	6558	+	21 highways and runways.
	6559	+	22 (k) "Lease agreement" shall mean an agreement whereby a
	6560	+	23 project acquired by the Authority by purchase, gift or lease
	6561	+	24 is leased to any person or corporation which will use or cause
	6562	+	25 the project to be used as a project as heretofore defined upon
	6563	+	26 terms providing for lease rental payments at least sufficient
	6564	+
	6565	+
	6566	+
	6567	+
	6568	+
	6569	+	HB1131 Enrolled - 185 - LRB103 05007 AWJ 50020 b
	6570	+
	6571	+
	6572	+	HB1131 Enrolled- 186 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 186 - LRB103 05007 AWJ 50020 b
	6573	+	HB1131 Enrolled - 186 - LRB103 05007 AWJ 50020 b
	6574	+	1 to pay when due all principal of and interest and premium, if
	6575	+	2 any, on any bonds, notes or other evidences of indebtedness of
	6576	+	3 the Authority issued with respect to such project, providing
	6577	+	4 for the maintenance, insurance and operation of the project on
	6578	+	5 terms satisfactory to the Authority and providing for
	6579	+	6 disposition of the project upon termination of the lease term,
	6580	+	7 including purchase options or abandonment of the premises,
	6581	+	8 with such other terms as may be deemed desirable by the
	6582	+	9 Authority.
	6583	+	10 (l) "Loan agreement" means any agreement pursuant to which
	6584	+	11 the Authority agrees to loan the proceeds of its bonds, notes
	6585	+	12 or other evidences of indebtedness issued with respect to a
	6586	+	13 project to any person or corporation which will use or cause
	6587	+	14 the project to be used as a project as heretofore defined upon
	6588	+	15 terms providing for loan repayment installments at least
	6589	+	16 sufficient to pay when due all principal of and interest and
	6590	+	17 premium, if any, on any bonds, notes or other evidences of
	6591	+	18 indebtedness of the Authority issued with respect to the
	6592	+	19 project, providing for maintenance, insurance and operation of
	6593	+	20 the project on terms satisfactory to the Authority and
	6594	+	21 providing for other matters as may be deemed advisable by the
	6595	+	22 Authority.
	6596	+	23 (m) "Financial aid" means the expenditure of Authority
	6597	+	24 funds or funds provided by the Authority through the issuance
	6598	+	25 of its revenue bonds, notes or other evidences of indebtedness
	6599	+	26 for the development, construction, acquisition or improvement
	6600	+
	6601	+
	6602	+
	6603	+
	6604	+
	6605	+	HB1131 Enrolled - 186 - LRB103 05007 AWJ 50020 b
	6606	+
	6607	+
	6608	+	HB1131 Enrolled- 187 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 187 - LRB103 05007 AWJ 50020 b
	6609	+	HB1131 Enrolled - 187 - LRB103 05007 AWJ 50020 b
	6610	+	1 of a project.
	6611	+	2 (n) "Costs incurred in connection with the development,
	6612	+	3 construction, acquisition or improvement of a project" means
	6613	+	4 the following: the cost of purchase and construction of all
	6614	+	5 lands and improvements in connection therewith and equipment
	6615	+	6 and other property, rights, easements and franchises acquired
	6616	+	7 which are deemed necessary for such construction; financing
	6617	+	8 charges; interest costs with respect to bonds, notes and other
	6618	+	9 evidences of indebtedness of the Authority prior to and during
	6619	+	10 construction and for a period of 6 months thereafter;
	6620	+	11 engineering and legal expenses; the costs of plans,
	6621	+	12 specifications, surveys and estimates of costs and other
	6622	+	13 expenses necessary or incident to determining the feasibility
	6623	+	14 or practicability of any project, together with such other
	6624	+	15 expenses as may be necessary or incident to the financing,
	6625	+	16 insuring, acquisition and construction of a specific project
	6626	+	17 and the placing of the same in operation.
	6627	+	18 (o) "Terminal" means a public place, station or depot for
	6628	+	19 receiving and delivering passengers, baggage, mail, freight or
	6629	+	20 express matter and any combination thereof in connection with
	6630	+	21 the transportation of persons and property on water or land or
	6631	+	22 in the air.
	6632	+	23 (p) "Terminal facilities" means all land, buildings,
	6633	+	24 structures, improvements, equipment and appliances useful in
	6634	+	25 the operation of public warehouse, storage and transportation
	6635	+	26 facilities and industrial, manufacturing or commercial
	6636	+
	6637	+
	6638	+
	6639	+
	6640	+
	6641	+	HB1131 Enrolled - 187 - LRB103 05007 AWJ 50020 b
	6642	+
	6643	+
	6644	+	HB1131 Enrolled- 188 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 188 - LRB103 05007 AWJ 50020 b
	6645	+	HB1131 Enrolled - 188 - LRB103 05007 AWJ 50020 b
	6646	+	1 activities for the accommodation of or in connection with
	6647	+	2 commerce by water or land or in the air or useful as an aid, or
	6648	+	3 constituting an advantage or convenience to, the safe landing,
	6649	+	4 taking off and navigation of aircraft or the safe and
	6650	+	5 efficient operation or maintenance of a public airport.
	6651	+	6 (q) "Port facilities" means all public structures, except
	6652	+	7 terminal facilities as defined herein, that are in, over,
	6653	+	8 under or adjacent to navigable waters and are necessary for or
	6654	+	9 incident to the furtherance of water commerce and includes the
	6655	+	10 widening and deepening of slips, harbors and navigable waters.
	6656	+	11 (r) "Airport" means any locality, either land or water,
	6657	+	12 which is used or designed for the landing and taking off of
	6658	+	13 aircraft or for the location of runways, landing fields,
	6659	+	14 aerodromes, hangars, buildings, structures, airport roadways
	6660	+	15 and other facilities.
	6661	+	16 (Source: P.A. 98-750, eff. 1-1-15.)
	6662	+	17 (70 ILCS 535/4) (from Ch. 85, par. 7454)
	6663	+	18 Sec. 4. Establishment.
	6664	+	19 (a) There is hereby created a political subdivision, body
	6665	+	20 politic and municipal corporation named the Will-Kankakee
	6666	+	21 Regional Development Authority. The territorial jurisdiction
	6667	+	22 of the Authority is that geographic area within the boundaries
	6668	+	23 of Will and Kankakee counties in the State of Illinois and any
	6669	+	24 navigable waters and air space located therein.
	6670	+	25 (b) The governing and administrative powers of the
	6671	+
	6672	+
	6673	+
	6674	+
	6675	+
	6676	+	HB1131 Enrolled - 188 - LRB103 05007 AWJ 50020 b
	6677	+
	6678	+
	6679	+	HB1131 Enrolled- 189 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 189 - LRB103 05007 AWJ 50020 b
	6680	+	HB1131 Enrolled - 189 - LRB103 05007 AWJ 50020 b
	6681	+	1 Authority shall be vested in a body consisting of 10 members
	6682	+	2 including, as an ex officio member, the Director of Commerce
	6683	+	3 and Economic Opportunity, or his or her designee. The other 9
	6684	+	4 members of the Authority shall be designated "public members",
	6685	+	5 3 of whom shall be appointed by the Governor, 3 of whom shall
	6686	+	6 be appointed by the county board chairman of Will County, and 3
	6687	+	7 of whom shall be appointed by the county board chairman of
	6688	+	8 Kankakee County. All public members shall reside within the
	6689	+	9 territorial jurisdiction of this Act. Six members shall
	6690	+	10 constitute a quorum, and the Board may not meet or take any
	6691	+	11 action without a quorum present. The public members shall be
	6692	+	12 persons of recognized ability and experience in one or more of
	6693	+	13 the following areas: economic development, finance, banking,
	6694	+	14 industrial development, small business management, real estate
	6695	+	15 development, community development, venture finance, organized
	6696	+	16 labor or civic, community or neighborhood organization. The
	6697	+	17 Chairman of the Authority shall be elected by the Board
	6698	+	18 annually from the 6 members appointed by the county board
	6699	+	19 chairmen.
	6700	+	20 (c) The terms of all members of the Authority shall begin
	6701	+	21 30 days after the effective date of this Act. Of the 9 public
	6702	+	22 members appointed pursuant to this Act, 3 shall serve until
	6703	+	23 the third Monday in January 1992, 3 shall serve until the third
	6704	+	24 Monday in January 1993, and 3 shall serve until the third
	6705	+	25 Monday in January 1994. All successors shall be appointed by
	6706	+	26 the original appointing authority and hold office for a term
	6707	+
	6708	+
	6709	+
	6710	+
	6711	+
	6712	+	HB1131 Enrolled - 189 - LRB103 05007 AWJ 50020 b
	6713	+
	6714	+
	6715	+	HB1131 Enrolled- 190 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 190 - LRB103 05007 AWJ 50020 b
	6716	+	HB1131 Enrolled - 190 - LRB103 05007 AWJ 50020 b
	6717	+	1 of 3 years commencing the third Monday in January of the year
	6718	+	2 in which their term commences, except in case of an
	6719	+	3 appointment to fill a vacancy. Vacancies occurring among the
	6720	+	4 public members shall be filled for the remainder of the term.
	6721	+	5 In case of vacancy in a Governor-appointed membership when the
	6722	+	6 Senate is not in session, the Governor may make a temporary
	6723	+	7 appointment until the next meeting of the Senate when a person
	6724	+	8 shall be nominated to fill such office, and any person so
	6725	+	9 nominated who is confirmed by the Senate shall hold office
	6726	+	10 during the remainder of the term and until a successor shall be
	6727	+	11 appointed and qualified. Members of the Authority shall not be
	6728	+	12 entitled to compensation for their services as members but may
	6729	+	13 be reimbursed for all necessary expenses incurred in
	6730	+	14 connection with the performance of their duties as members.
	6731	+	15 (d) The Governor may remove any public member of the
	6732	+	16 Authority in case of incompetency, neglect of duty, or
	6733	+	17 malfeasance in office.
	6734	+	18 (e) The Board may appoint an Executive Director who shall
	6735	+	19 have a background in finance, including familiarity with the
	6736	+	20 legal and procedural requirements of issuing bonds, real
	6737	+	21 estate or economic development and administration. The
	6738	+	22 Executive Director shall hold office at the discretion of the
	6739	+	23 Board. The Executive Director shall be the chief
	6740	+	24 administrative and operational officer of the Authority, shall
	6741	+	25 direct and supervise its administrative affairs and general
	6742	+	26 management, shall perform such other duties as may be
	6743	+
	6744	+
	6745	+
	6746	+
	6747	+
	6748	+	HB1131 Enrolled - 190 - LRB103 05007 AWJ 50020 b
	6749	+
	6750	+
	6751	+	HB1131 Enrolled- 191 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 191 - LRB103 05007 AWJ 50020 b
	6752	+	HB1131 Enrolled - 191 - LRB103 05007 AWJ 50020 b
	6753	+	1 prescribed from time to time by the members and shall receive
	6754	+	2 compensation fixed by the Authority. The Executive Director
	6755	+	3 shall attend all meetings of the Authority; however, no action
	6756	+	4 of the Authority shall be invalid on account of the absence of
	6757	+	5 the Executive Director from a meeting. The Authority may
	6758	+	6 engage the services of such other agents and employees,
	6759	+	7 including attorneys, appraisers, engineers, accountants,
	6760	+	8 credit analysts and other consultants, as it may deem
	6761	+	9 advisable and may prescribe their duties and fix their
	6762	+	10 compensation.
	6763	+	11 (f) The Board may, by majority vote, nominate up to 4
	6764	+	12 non-voting members for appointment by the Governor. Non-voting
	6765	+	13 members shall be persons of recognized ability and experience
	6766	+	14 in one or more of the following areas: economic development,
	6767	+	15 finance, banking, industrial development, small business
	6768	+	16 management, real estate development, community development,
	6769	+	17 venture finance, organized labor or civic, community or
	6770	+	18 neighborhood organization. Non-voting members shall serve at
	6771	+	19 the pleasure of the Board. All non-voting members may attend
	6772	+	20 meetings of the Board and may be reimbursed as provided in
	6773	+	21 subsection (c).
	6774	+	22 (g) The Board shall create a task force to study and make
	6775	+	23 recommendations to the Board on the economic development of
	6776	+	24 the territory within the jurisdiction of this Act. The members
	6777	+	25 of the task force shall reside within the territorial
	6778	+	26 jurisdiction of this Act, shall serve at the pleasure of the
	6779	+
	6780	+
	6781	+
	6782	+
	6783	+
	6784	+	HB1131 Enrolled - 191 - LRB103 05007 AWJ 50020 b
	6785	+
	6786	+
	6787	+	HB1131 Enrolled- 192 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 192 - LRB103 05007 AWJ 50020 b
	6788	+	HB1131 Enrolled - 192 - LRB103 05007 AWJ 50020 b
	6789	+	1 Board and shall be persons of recognized ability and
	6790	+	2 experience in one or more of the following areas: economic
	6791	+	3 development, finance, banking, industrial development, small
	6792	+	4 business management, real estate development, community
	6793	+	5 development, venture finance, organized labor or civic,
	6794	+	6 community or neighborhood organization. The number of members
	6795	+	7 constituting the task force shall be set by the Board and may
	6796	+	8 vary from time to time. The Board may set a specific date by
	6797	+	9 which the task force is to submit its final report and
	6798	+	10 recommendations to the Board.
	6799	+	11 (Source: P.A. 94-793, eff. 5-19-06.)
	6800	+	12 (70 ILCS 535/5.1 new)
	6801	+	13 Sec. 5.1. Requests for assistance; disclosure of economic
	6802	+	14 interests.
	6803	+	15 (a) The Authority may not hear a request for assistance
	6804	+	16 from a restricted person. This prohibition extends to business
	6805	+	17 relationships between a person who is an Authority leader
	6806	+	18 within one year prior to the request for assistance and to any
	6807	+	19 entity in which a restricted person holds or, within the past 2
	6808	+	20 years, held an ownership interest of 10% or more.
	6809	+	21 (b) An Authority leader shall disclose and recuse himself
	6810	+	22 or herself from matters relating to requests for assistance
	6811	+	23 from an entity that is relocating full-time employees from
	6812	+	24 another Authority's counties if (i) both Authorities contract
	6813	+	25 with or employ the same Authority leader or (ii) there is or,
	6814	+
	6815	+
	6816	+
	6817	+
	6818	+
	6819	+	HB1131 Enrolled - 192 - LRB103 05007 AWJ 50020 b
	6820	+
	6821	+
	6822	+	HB1131 Enrolled- 193 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 193 - LRB103 05007 AWJ 50020 b
	6823	+	HB1131 Enrolled - 193 - LRB103 05007 AWJ 50020 b
	6824	+	1 within the past 2 years of the request, there was a business
	6825	+	2 relationship between the Authority leaders at the 2
	6826	+	3 Authorities.
	6827	+	4 (c) The Board of the Authority shall vote to renew the
	6828	+	5 appointment of the Executive Director and other Authority
	6829	+	6 leaders on an annual basis. All contracts shall be approved on
	6830	+	7 an annual basis and use a public process to solicit
	6831	+	8 applications. This requirement does not apply to full-time
	6832	+	9 employees of the Authority unless otherwise required by
	6833	+	10 applicable State law or local ordinance.
	6834	+	11 (d) Each Authority leader shall submit a statement of
	6835	+	12 economic interest in accordance with Article 4A of the
	6836	+	13 Illinois Governmental Ethics Act. Additionally, each Authority
	6837	+	14 leader shall disclose to the Board outside sources of income
	6838	+	15 and any business relationships in economic development
	6839	+	16 consulting or lobbying. Reporting shall include the source of
	6840	+	17 income, services provided, and timeline of when services were
	6841	+	18 provided. If the source of income is a firm or organization
	6842	+	19 with multiple clients, the report shall list all of the
	6843	+	20 entities for which the individual provided services.
	6844	+	21 (70 ILCS 535/5.2 new)
	6845	+	22 Sec. 5.2. Open meetings; record disclosure.
	6846	+	23 (a) The Authority is subject to the Open Meetings Act and
	6847	+	24 the Freedom of Information Act. Documents subject to the
	6848	+	25 Freedom of Information Act include, but are not limited to,
	6849	+
	6850	+
	6851	+
	6852	+
	6853	+
	6854	+	HB1131 Enrolled - 193 - LRB103 05007 AWJ 50020 b
	6855	+
	6856	+
	6857	+	HB1131 Enrolled- 194 -LRB103 05007 AWJ 50020 b HB1131 Enrolled - 194 - LRB103 05007 AWJ 50020 b
	6858	+	HB1131 Enrolled - 194 - LRB103 05007 AWJ 50020 b
	6859	+	1 expenses, payroll, origination bonuses, and other financial
	6860	+	2 details of the Authority.
	6861	+	3 (b) A contract or agreement entered into by the Authority
	6862	+	4 must be posted on the Authority's website. The Authority shall
	6863	+	5 provide a detailed report of the Authority's financial
	6864	+	6 information on the Authority's website, including, but not
	6865	+	7 limited to, a statement of profits and losses, balance sheet,
	6866	+	8 and income statement of the Authority.
	6867	+	9 (70 ILCS 535/13) (from Ch. 85, par. 7463)
	6868	+	10 Sec. 13. Reports; commitment notice. The Authority shall
	6869	+	11 annually submit a report of its finances to the Auditor
	6870	+	12 General. The Authority shall annually submit a report of its
	6871	+	13 activities to the Governor and General Assembly.
	6872	+	14 The Authority shall provide notice to the General
	6873	+	15 Assembly, the Department of Commerce and Economic Opportunity,
	6874	+	16 and the Governor once the Authority enters into a commitment
	6875	+	17 to support the financing of a project. The notice to the
	6876	+	18 General Assembly shall be filed with the Clerk of the House of
	6877	+	19 Representatives and the Secretary of the Senate, in electronic
	6878	+	20 form only, in the manner that the Clerk and the Secretary shall
	6879	+	21 direct.
	6880	+	22 (Source: P.A. 86-1481.)
	6881	+	23 Section 99. Effective date. This Act takes effect July 1,
	6882	+	24 2023.
	6883	+
	6884	+
	6885	+
	6886	+
	6887	+
	6888	+	HB1131 Enrolled - 194 - LRB103 05007 AWJ 50020 b