Bill Text: IA HF2322 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act establishing the quad cities regional metropolitan authority and including effective date provisions. (Formerly HF 2110.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2020-02-11 - Subcommittee: Bloomingdale, Kaufmann and Kurth. H.J. 251. [HF2322 Detail]

Download: Iowa-2019-HF2322-Introduced.html
House File 2322 - Introduced HOUSE FILE 2322 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HF 2110) A BILL FOR An Act establishing the quad cities regional metropolitan 1 authority and including effective date provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5350HV (1) 88 ss/jh
H.F. 2322 DIVISION I 1 QUAD CITIES REGIONAL METROPOLITAN AUTHORITY COMPACT 2 Section 1. NEW SECTION . 28C.1 Quad cities regional 3 metropolitan authority compact. 4 The state of Iowa may enter into the quad cities regional 5 metropolitan authority compact with the state of Illinois if 6 the state of Illinois joins the compact, in substantially the 7 following form: 8 1. Article 1 —— Short title. This compact may be cited as 9 the “Quad Cities Regional Metropolitan Authority Compact” . 10 2. Article 2 —— Authorization. The states of Illinois 11 and Iowa authorize the creation of the quad cities regional 12 metropolitan authority to include the territories of Scott 13 county in the state of Iowa and Rock Island county in the state 14 of Illinois. 15 3. Article 3 —— Purposes. The purposes of the authority 16 are to provide facilities and to foster cooperative efforts, 17 all for the development and public benefit of its territory. 18 This compact shall be liberally interpreted to carry out these 19 purposes. 20 4. Article 4 —— Creation. The authority is created when the 21 secretary of state of Iowa certifies to the secretary of state 22 of Illinois and the secretary of state of Illinois certifies 23 to the secretary of state of Iowa that substantially similar 24 legislation is signed into law in both Iowa and Illinois and 25 congress has given its consent. 26 5. Article 5 —— Board members. The authority shall be 27 governed by a board of not more than eight members, one-half 28 of whom are residents of Rock Island county, Illinois, and 29 one-half of whom are residents of Scott county, Iowa. The Iowa 30 members shall be chosen in the manner and for the terms fixed 31 by the law of Iowa. The Illinois members shall be chosen in the 32 manner and for the terms fixed by the law of Illinois. 33 6. Article 6 —— Board officers. The board shall elect 34 annually from its members a chairperson, a vice chairperson, a 35 -1- LSB 5350HV (1) 88 ss/jh 1/ 23
H.F. 2322 secretary, and other officers it determines necessary. 1 7. Article 7 —— Board operations. The board shall adopt 2 bylaws governing its meetings, fiscal year, election of 3 officers, and other matters of procedure and operation. 4 8. Article 8 —— Board expenses and compensation. 5 a. Members shall be reimbursed for reasonable expenses 6 incurred while carrying out official duties. 7 b. Members shall be compensated as authorized by 8 substantially identical laws of the states of Illinois and 9 Iowa. 10 9. Article 9 —— Employees. 11 a. The board may hire an executive director, a treasurer, 12 and other employees it determines necessary and shall fix their 13 qualifications, duties, compensation, and terms of employment. 14 b. The executive director, treasurer, and other employees 15 shall have no pension benefits or rights of collective 16 bargaining other than those authorized by substantially 17 identical laws of the states of Iowa and Illinois. 18 10. Article 10 —— General powers. The authority has the 19 following general powers: 20 a. To sue and be sued. 21 b. To own, operate, manage, or lease facilities within 22 the territory of the authority. “Facility” means an airport, 23 port, wharf, dock, harbor, bridge, school, tunnel, terminal, 24 industrial park, waste disposal system, mass transit system, 25 parking area, road, recreational area, conservation area, or 26 other project beneficial to the territory of the authority 27 as authorized by substantially identical laws of the states 28 of Iowa and Illinois, together with related or incidental 29 fixtures, equipment, improvements, and real or personal 30 property. 31 c. To fix and collect reasonable fees and charges for the 32 use of its facilities. 33 d. To own or lease interests in real or personal property. 34 e. To accept and receive money, services, property, and 35 -2- LSB 5350HV (1) 88 ss/jh 2/ 23
H.F. 2322 other things of value. 1 f. To disburse funds for its lawful activities. 2 g. To enter into agreements with political subdivisions of 3 the state of Illinois or Iowa or with the United States. 4 h. To pledge or mortgage its property. 5 i. To perform other functions necessary or incidental to its 6 purposes and powers. 7 j. To exercise other powers conferred by substantially 8 identical laws of the states of Iowa and Illinois. 9 k. To impose any tax throughout the region, subject to 10 referendum approval by the voters of each county in the region, 11 that may be lawfully imposed in both Iowa and Illinois, and to 12 provide that such referendum language be placed on the ballot 13 in each state; a tax under this paragraph shall be imposed 14 for no longer than ten years unless it is reauthorized by a 15 subsequent referendum in each state. The referendum in each 16 state must include identical language specifying the purposes 17 for which tax proceeds shall be used, and those proceeds may be 18 used only for those purposes and for administrative purposes as 19 provided in subsection 11, paragraph “c” . 20 11. Article 11 —— Taxes. 21 a. Except as provided in subsection 10, paragraph “k” , the 22 authority shall have no independent power to tax. 23 b. A political subdivision of the state of Iowa or Illinois 24 shall not impose taxes to fund the authority or any of the 25 authority’s projects except as specifically authorized by 26 substantially identical laws of the states of Illinois and 27 Iowa. 28 c. In addition to the uses specified in the referendum 29 authorizing the imposition of a tax, the authority may use up 30 to one percent of the total revenue derived from the tax under 31 subsection 10, paragraph “k” , for administrative purposes to 32 successfully carry out its duties. 33 12. Article 12 —— Reports. The authority shall report 34 annually to the governors and legislatures of the states of 35 -3- LSB 5350HV (1) 88 ss/jh 3/ 23
H.F. 2322 Iowa and Illinois concerning its facilities, activities, and 1 finances and may make recommendations for state legislation. 2 13. Article 13 —— Penalties. The states of Illinois 3 and Iowa may provide by substantially identical laws for 4 the enforcement of the ordinances of the authority and for 5 penalties for the violation of those ordinances. 6 14. Article 14 —— Substantially identical 7 laws. Substantially identical laws of the states of Iowa and 8 Illinois which are in effect before the authority is created 9 shall apply unless the laws are contrary to or inconsistent 10 with the provisions of this compact. A question of whether 11 the laws of the states of Iowa and Illinois are substantially 12 identical may be determined and enforced by a federal district 13 court. 14 15. Article 15 —— Dissolution. The authority may be 15 dissolved by independent action of a political subdivision of 16 the state of Iowa or the state of Iowa as authorized by law 17 of the state of Iowa or by independent action of a political 18 subdivision of the state of Illinois or the state of Illinois 19 as authorized by law of the state of Illinois. 20 16. Article 16 —— Subject to laws and constitutions. This 21 compact, the enabling laws of the states of Iowa and Illinois, 22 and the authority are subject to the laws and Constitution of 23 the United States and the constitutions of the states of Iowa 24 and Illinois. 25 17. Article 17 —— Consent of Congress. The attorneys 26 general of the states of Iowa and Illinois shall jointly seek 27 the consent of the Congress of the United States to enter into 28 or implement this compact. 29 18. Article 18 —— Binding effect. This compact and 30 substantially identical enabling laws are binding on the states 31 of Illinois and Iowa to the full extent allowed without the 32 consent of Congress. If the consent of Congress is necessary, 33 this compact and substantially identical enabling laws are 34 binding on the states of Iowa and Illinois to the full extent 35 -4- LSB 5350HV (1) 88 ss/jh 4/ 23
H.F. 2322 when consent is obtained. 1 19. Article 19 —— Signing. This compact shall be signed 2 in duplicate by the authorized representatives of the states 3 of Illinois and Iowa. One signed copy shall be filed with the 4 secretary of state of Iowa and the other with the secretary of 5 state of Illinois. 6 DIVISION II 7 QUAD CITIES REGIONAL METROPOLITAN AUTHORITY 8 Sec. 2. NEW SECTION . 28C.2 Citation. 9 This subchapter may be cited as the “Quad Cities Regional 10 Metropolitan Authority Act” . 11 Sec. 3. NEW SECTION . 28C.3 Purposes. 12 1. This subchapter is enabling legislation for the quad 13 cities regional metropolitan authority compact entered into by 14 the states of Illinois and Iowa as provided in section 28C.1. 15 2. The authority shall engage in strategic investments that 16 can best be conducted for an areawide growth plan. The purpose 17 of the plan is to positively impact the greater metropolitan 18 area and improve the quality of life for area residents. The 19 plan may include any of the following: 20 a. Riverfront development, including flood mitigation. 21 b. Regional planning and economic development. 22 c. Transportation and infrastructure, including but not 23 limited to any of the following: 24 (1) Intermodal facilities. 25 (2) Waste disposal systems. 26 (3) Mass transit. 27 (4) Airports. 28 (5) Bridges. 29 (6) River transit and ports. 30 d. Cultural and recreational amenities, including but not 31 limited to any of the following: 32 (1) Parks. 33 (2) Museums. 34 (3) Trails. 35 -5- LSB 5350HV (1) 88 ss/jh 5/ 23
H.F. 2322 (4) Tourist and destination assets. 1 (5) Zoos. 2 (6) Centers for performing arts. 3 (7) Botanical centers. 4 e. Education. 5 f. Natural resources. 6 g. Related facilities, fixtures, equipment, and property 7 necessary, appurtenant, or incidental to the operations 8 and services specified in paragraphs “a” through “f” . The 9 authority shall be supportive of, and refrain from unnecessary 10 and unreasonable competition with, private and public sector 11 operations when possible. 12 3. The establishment, maintenance, and operation of safe, 13 adequate, and necessary metropolitan facilities, the creation 14 of an authority having powers necessary or desirable for the 15 establishment, maintenance, and operation of the metropolitan 16 facilities beneficial to the territory of the authority, 17 and the powers and corporate purposes and functions of the 18 authority are public and governmental in nature and essential 19 to the public interest in the territory of the authority. 20 Sec. 4. NEW SECTION . 28C.4 Definitions. 21 As used in this chapter, unless the context otherwise 22 requires: 23 1. “Authority” means the quad cities regional metropolitan 24 authority created as provided in this subchapter. 25 2. “Board” means the board of commissioners of the 26 authority. 27 3. “Cost” of any project for a metropolitan facility 28 includes construction contract costs and the costs of 29 engineering, architectural, technical, and legal services, 30 preliminary reports, property valuations, estimates, plans, 31 specifications, notices, acquisition of real and personal 32 property, consequential damages or costs, easements, 33 rights-of-way, supervision, inspection, testing, publications, 34 printing, and provisions for contingencies. 35 -6- LSB 5350HV (1) 88 ss/jh 6/ 23
H.F. 2322 4. “Greater metropolitan area” means the combined area of 1 Rock Island county, Illinois, and Scott county, Iowa. 2 5. “Metropolitan area” means Rock Island county, Illinois, 3 as a separate and distinct area, or Scott county, Iowa, as a 4 separate and distinct area, or each as a part of the greater 5 metropolitan area. 6 6. “Metropolitan facility” means a structure or fixture, 7 equipment, or property of any kind or nature related to the 8 scope laid out in section 28C.3, subsection 2, which the 9 authority may construct, acquire, own, lease, or operate, 10 including all related facilities necessary, appurtenant, or 11 incidental to the facilities. 12 7. “Person” means an individual, firm, partnership, 13 corporation, company, association, or joint stock association, 14 and includes any trustee, receiver, assignee, or personal 15 representative of any of the entities. 16 Sec. 5. NEW SECTION . 28C.5 Board of commissioners —— 17 appointment. 18 1. The authority established under this subchapter shall be 19 governed by a board of commissioners. Iowa members shall be 20 appointed as provided in subsection 2. The appointment of the 21 commissioners shall be made in writing and shall indicate the 22 legal residence of each appointee. 23 2. Four residents of Scott county shall be appointed to 24 the board as provided in this subsection. Two members shall 25 reside in the city of Davenport and shall be appointed by the 26 mayor of the city of Davenport with the advice and consent of 27 the city council of the city of Davenport. One member shall 28 reside in the city of Bettendorf and shall be appointed by the 29 mayor of the city of Bettendorf with the advice and consent of 30 the city council of the city of Bettendorf. One member shall 31 reside in Scott county and shall not reside in the cities of 32 Davenport or Bettendorf and shall be appointed by the county 33 chairperson with the advice and consent of the Scott county 34 board of supervisors. 35 -7- LSB 5350HV (1) 88 ss/jh 7/ 23
H.F. 2322 3. The membership of the board shall be gender balanced if 1 possible. The appointing authorities shall strive for gender 2 balance on the board and shall comply with the requirements 3 of section 69.16A or similar laws of the state of Illinois 4 as determined by the appointing authorities. The appointing 5 authorities shall also provide representation for racial groups 6 residing in the metropolitan area based on the ratio of the 7 racial population to the population as a whole. 8 4. All projects approved by the board shall strive for 9 balanced investment in both metropolitan areas. 10 Sec. 6. NEW SECTION . 28C.6 Commissioners —— terms of 11 office. 12 1. All initial appointments of commissioners shall be made 13 within thirty days after the establishment of the authority. 14 The authority is considered established when similar laws 15 are enacted in the state of Iowa and state of Illinois. 16 Each appointment shall be in writing and a certificate of 17 appointment signed by the appointing officer shall be filed and 18 made a matter of record in the office of the county recorder. A 19 commissioner shall be appointed for a term of four years and 20 shall qualify within ten days after appointment by acceptance 21 and the taking of an oath or affirmation to faithfully perform 22 the duties of office. Members initially appointed to the board 23 of commissioners shall serve from date of appointment until 24 June 30 of two or four years after the date of appointment 25 and shall draw lots to determine the terms for which each 26 shall be appointed. Lots shall be drawn so that one or two 27 commissioners from each metropolitan area shall serve in 28 each of two classes. Thereafter, commissioners shall be 29 appointed for four-year terms beginning on July 1 of the year 30 of appointment. 31 2. Within forty-five days after any vacancy occurs on the 32 board by death, resignation, change of residence to outside 33 of the metropolitan area, or for any other cause, a successor 34 shall be appointed in the same manner as the commissioner’s 35 -8- LSB 5350HV (1) 88 ss/jh 8/ 23
H.F. 2322 predecessor was appointed for the unexpired term of office. 1 Commissioners and board officers of the board shall serve until 2 a successor is appointed and qualifies. A current city or 3 county elected official is ineligible to serve as commissioner. 4 A former city or county elected official is ineligible to serve 5 as a commissioner for two years after leaving elective office. 6 3. An appointed member shall not serve more than eight 7 consecutive years on the board. A member who has served eight 8 years on the board may be reappointed to the board after two 9 years not serving on the board. 10 4. A city council or county board of supervisors may vote 11 to remove an appointed member appointed with the advice and 12 consent of the city council or county board of supervisors 13 for any reason so long as the city council or county board of 14 supervisors votes in favor of removal with a simple majority 15 vote of all eligible members. A vote of no, abstention, or 16 absent members shall be counted as voting against removal. 17 Sec. 7. NEW SECTION . 28C.7 Organization —— officers —— 18 meetings —— compensation. 19 1. The board of commissioners may exercise all of 20 its legislative and executive powers granted under this 21 subchapter. Within thirty days after the appointment of 22 the initial commissioners, the board shall meet and elect a 23 chairperson from among its members for a term of one year. 24 The chairperson’s position shall alternate annually between a 25 commissioner from one state to a commissioner from the other 26 state. The board shall also select a vice-chair, secretary, 27 treasurer, and other officers or employees as necessary for 28 the accomplishment of its corporate objectives, none of whom 29 need be a commissioner. The board, at its first meeting, shall 30 define by ordinance the first and subsequent fiscal years of 31 the authority, and shall adopt a corporate seal and bylaws, 32 which shall determine the times for the annual election of 33 officers and for other regular and special meetings of the 34 board. The bylaws shall contain the rules for the transaction 35 -9- LSB 5350HV (1) 88 ss/jh 9/ 23
H.F. 2322 of other business of the authority and for amending the bylaws. 1 2. Each commissioner of the authority shall devote the 2 amount of time to the duties of office as the faithful 3 discharge of the duties may require. The board shall reimburse 4 a commissioner for actual and necessary expenses incurred in 5 the performance of official duties as approved by the board. 6 A commissioner shall not receive a salary or per diem for the 7 performance of official duties. 8 3. Each commissioner shall comply with restrictions 9 relating to conflicts of interests or acceptance of gifts 10 as provided in chapter 68B or similar laws of the state of 11 Illinois as determined by the board. 12 4. The commissioners shall conduct the meetings as public 13 meetings with appropriate notice pursuant to chapter 21 or to 14 similar laws of the state of Illinois as determined by the 15 board. 16 5. The board shall keep and maintain its records as public 17 records pursuant to chapter 22 or to similar laws of the state 18 of Illinois as determined by the board. 19 Sec. 8. NEW SECTION . 28C.8 Powers and duties. 20 1. The authority constitutes a municipal corporation and 21 body politic separate from any other municipality, state, 22 or other public or governmental agency. The authority has 23 the following express powers, subject to any restrictions or 24 limitations contained in this subchapter, and all other powers 25 incidental, necessary, convenient, or desirable to carry out 26 and effectuate the express powers to: 27 a. Sue and be sued. 28 b. Locate, acquire, own, establish, operate, and maintain 29 one or more metropolitan facilities upon any land or body of 30 water within its corporate limits, and to construct, develop, 31 expand, extend, and improve any metropolitan facility. 32 c. Acquire, within the corporate limits of the authority, 33 and in fee simple, rights in and over land or water, and 34 easements upon, over, or across land or water, and leasehold 35 -10- LSB 5350HV (1) 88 ss/jh 10/ 23
H.F. 2322 interests in land or water, and tangible and intangible 1 personal property, used or useful for the location, 2 establishment, maintenance, development, expansion, extension, 3 or improvement of one or more metropolitan facilities. The 4 acquisition may be by dedication, purchase, gift, agreement, 5 lease, or by condemnation if within corporate limits of the 6 authority. The authority may acquire land in fee simple 7 subject to a mortgage and as part of the purchase price may 8 assume the payment of the indebtedness secured by the mortgage. 9 Land may be acquired, possessed, and used for its purposes by 10 the authority, under a written contract for a deed conveying 11 merchantable title and providing that the deed shall be placed 12 in escrow and be delivered upon payment of the purchase price 13 and containing other terms as are reasonably incident to the 14 contract. Personal property may be purchased on an installment 15 contract basis or lease-purchase contract. 16 d. Operate, maintain, manage, lease with or without 17 a lease-purchase option, sublease, and make and enter 18 into contracts for the use, operation, or management of a 19 metropolitan facility and enact regulations for the operation, 20 management, or use of a metropolitan facility. 21 e. Fix, charge, and collect reasonable rentals, tolls, fees, 22 and charges for the use of a metropolitan facility or any part 23 of a metropolitan facility. Rentals, tolls, fees, or charges 24 fixed and collected for the use of a metropolitan facility 25 shall be used for the construction, reconstruction, repair, 26 maintenance, or operation of that metropolitan facility or the 27 construction, reconstruction, repair, maintenance, or operation 28 of similar metropolitan facilities. 29 f. Establish and maintain streets and approaches on property 30 of the authority. 31 g. Remove and relocate hazards or structures on property of 32 the authority. 33 h. Restrict and reduce the height of objects or buildings 34 on property of the authority. 35 -11- LSB 5350HV (1) 88 ss/jh 11/ 23
H.F. 2322 i. Accept grants, contributions, or loans from, and enter 1 into contracts, leases, or other transactions with, a city, 2 county, state, or federal government. 3 j. Employ or enter into contracts for the employment of 4 any person for professional services, necessary or desirable 5 for the accomplishment of the corporate objectives of the 6 authority or the proper administration, management, protection, 7 or control of its property. 8 k. Regulate traffic, speed, movement, and mooring of vessels 9 on property of the authority. 10 l. Regulate traffic, speed, movement, and parking of motor 11 vehicles upon property of the authority and employ parking 12 meters, signs, and other devices in the regulation of the motor 13 vehicles. 14 m. Contract for police and fire protection. 15 n. Establish, by ordinance of the board, all regulations for 16 the execution of the powers specified in this subchapter, for 17 the government of the authority, and for the protection of any 18 metropolitan facility within the jurisdiction of the authority, 19 or deemed necessary or desirable to effect its corporate 20 objectives. An ordinance may provide for the revocation, 21 cancellation, or suspension of an existing privilege or 22 franchise as a penalty for a second or subsequent violation 23 by the holder or franchisee of a regulation pertaining to the 24 enjoyment, use, or exercise of the privilege or franchise. 25 The use of a metropolitan facility of the authority shall 26 be subject to the reasonable regulation and control of the 27 authority and upon the reasonable terms and conditions as 28 established by the board. 29 o. Establish a general operating fund and other funds as 30 necessary. 31 p. Do all acts and things necessary or convenient for 32 the promotion of its business and the general welfare of the 33 authority, in order to carry out the powers granted to it by 34 this subchapter or any other laws. 35 -12- LSB 5350HV (1) 88 ss/jh 12/ 23
H.F. 2322 2. The authority has no power to pledge the taxing power 1 of this state or any political subdivision or agency of this 2 state. 3 Sec. 9. NEW SECTION . 28C.9 Rules and ordinances. 4 Rules adopted pursuant to section 28C.10 shall be contained 5 in an ordinance which shall be placed on file in the office 6 of the authority in typewritten or printed form for public 7 inspection not less than fifteen days before adoption. The 8 ordinance may impose fines as the board deems appropriate of 9 not more than one hundred dollars upon conviction or guilty 10 plea for each violation, and may provide that, in case of 11 continuing violation, each day during which a violation occurs 12 or continues constitutes a separate offense. 13 Sec. 10. NEW SECTION . 28C.10 Procedures. 14 Actions of the board of a legislative character, including 15 the adoption of rules and referenda, shall be in the form of an 16 ordinance, and after adoption shall be filed with the secretary 17 and shall be made a matter of public record in the office of the 18 authority. Other action of the board shall be by resolution, 19 motion, or in other appropriate form. Executive or ministerial 20 duties may be delegated to one or more commissioners or to an 21 authorized officer, employee, agent, or other representative 22 of the authority. Six commissioners, three members from each 23 state within the greater metropolitan area, constitute a quorum 24 to conduct business, and an affirmative vote of a majority of 25 the commissioners from each metropolitan area is required to 26 adopt or approve an action of the board. The enacting clause 27 of any ordinance shall be substantially as follows: 28 Be it ordained by the Board of Commissioners of the Quad 29 Cities Regional Metropolitan Authority 30 Sec. 11. NEW SECTION . 28C.11 Official records —— bond for 31 officers and employees. 32 1. The board shall provide for the safekeeping of its 33 permanent records and for the recording of the corporate action 34 of the authority. The board shall keep a true and accurate 35 -13- LSB 5350HV (1) 88 ss/jh 13/ 23
H.F. 2322 account of its receipts and an annual audit shall be made of 1 its books, records, and accounts by state or private auditors. 2 2. All officers and employees authorized to receive or 3 retain the custody of moneys or to sign vouchers, checks, 4 warrants, or evidences of indebtedness binding upon the 5 authority shall furnish surety bond for the faithful 6 performance of their duties and the faithful accounting for 7 all moneys that may come into their custody in an amount to be 8 fixed and in a form to be approved by the board. 9 Sec. 12. NEW SECTION . 28C.12 Change of name. 10 The board may change the name of the authority by ordinance. 11 A certified copy of the ordinance shall be filed with the 12 appropriate state office and the county recorder or equivalent 13 county officer of each county in which the authority or part of 14 the authority is located. The name change shall be effective 15 on the date of the filing. 16 Sec. 13. NEW SECTION . 28C.13 Budget and appropriation. 17 1. Annually, the board shall prepare and adopt a budget and 18 provide appropriations as provided in this section. 19 2. The budget shall show the amount required for each class 20 of proposed expenditures, a comparison of the amounts proposed 21 to be expended with the amounts expended for like purposes 22 for the two preceding years, if available, and the sources of 23 revenue. 24 3. Not less than twenty days before the date that a budget 25 must be certified as determined by the board and not less than 26 ten days before the date set for the hearing under subsection 27 4, the board shall file the budget with the treasurer of the 28 authority. The treasurer shall post a copy of the budget in 29 the authority offices for public inspection and comment. 30 4. The board shall set a time and place for a public hearing 31 on the budget before the final certification date and shall 32 publish notice of the hearing not less than ten nor more than 33 twenty days prior to the hearing in one or more newspapers 34 serving the greater metropolitan area. Proof of publication 35 -14- LSB 5350HV (1) 88 ss/jh 14/ 23
H.F. 2322 shall be filed with and preserved by the treasurer. 1 5. At the hearing, any resident or taxpayer of the greater 2 metropolitan area may present to the board objections to or 3 arguments in favor of any part of the budget. 4 6. After the hearing, the board shall adopt by resolution a 5 budget and shall direct the treasurer to properly certify and 6 file the budget. 7 7. The board shall appropriate, by resolution, the amounts 8 deemed necessary for the ensuing fiscal year. All revenue from 9 taxes, fees, tolls, rental, charges, bonds, or any other source 10 shall be appropriated and used for the specific metropolitan 11 facility project for which it was collected or similar 12 metropolitan facility projects. Increases or decreases in 13 these appropriations do not require a budget amendment, but may 14 be provided by resolution at a regular meeting of the board. 15 Sec. 14. NEW SECTION . 28C.14 Local occupation and use 16 taxes. 17 1. If the authority secures a majority vote in both 18 jurisdictions, the department of revenue shall impose the tax 19 structure approved in the referendum within the metropolitan 20 area located in Iowa. 21 2. The department of revenue shall, upon collecting taxes 22 as provided in this section, pay such taxes over to the state 23 treasurer as trustee for the authority. Such taxes shall be 24 held in a trust fund outside the state treasury, to be known 25 as the quad cities regional metropolitan authority tax fund. 26 On or before the twenty-fifth day of each calendar month, 27 the department of revenue shall prepare and certify to the 28 director of the department of management the amount to be paid 29 to the authority, which shall be the then balance in the fund, 30 less any amount determined by the department of revenue to be 31 necessary for the payment of refunds. Within ten days after 32 receipt by the director of the department of management of such 33 certification of the amount to be paid to the authority, the 34 director of the department of management shall cause an order 35 -15- LSB 5350HV (1) 88 ss/jh 15/ 23
H.F. 2322 to be drawn for such payment for such amount in accordance with 1 the direction in such certification. 2 3. The proceeds of a tax imposed under this section shall 3 be credited to the general operating fund of the authority. 4 When the referendum authorizing the imposition of the tax 5 is adopted and an ordinance or resolution is adopted and a 6 certified copy of the ordinance or resolution is filed with 7 the department of revenue, the department shall proceed to 8 administer and enforce this section as of the first day of the 9 fourth month following the filing of ordinance or resolution 10 with the department of revenue. For any subsequent periods, an 11 ordinance or resolution imposing, suspending, or discontinuing 12 the tax under this section shall be adopted and a certified 13 copy of the ordinance or resolution filed with the department 14 of revenue on or before the first day of October, whereupon the 15 department of revenue shall proceed to administer and enforce 16 this section as of the first day of January next following that 17 adoption and filing. 18 Sec. 15. NEW SECTION . 28C.15 Existing jurisdictions. 19 Existing jurisdictions, including those involving airports, 20 mass transit, river bridges, waste disposal systems, schools, 21 and intermodal water ports within their jurisdictional 22 boundaries, are protected from incorporation by the authority 23 and shall not be incorporated in the authority except by their 24 respective governing bodies. However, an existing jurisdiction 25 may negotiate with the authority to take over its entire 26 powers, incomes, and debts. The authority may assume the 27 powers, income, and debts for any type of facility authorized 28 by this subchapter. 29 Sec. 16. NEW SECTION . 28C.16 Cooperation with other 30 governments. 31 The authority may apply for and receive a grant or loan 32 of moneys or other financial aid from the state or federal 33 government or from any state or federal agency, department, 34 bureau, or board, necessary or useful for the undertaking, 35 -16- LSB 5350HV (1) 88 ss/jh 16/ 23
H.F. 2322 performance, or execution of any of its corporate objectives 1 or purposes, and the authority may undertake the acquisition, 2 establishment, construction, development, expansion, extension, 3 or improvement of metropolitan facilities within its corporate 4 limits or within or upon any body of water within the corporate 5 limits aided by, in cooperation with, or as a joint enterprise 6 with the state or federal governments or with the aid of, or 7 in cooperation with, or as a joint project with the state and 8 federal governments. The authority shall assure, in compliance 9 with any state or federal requirements or directives, that the 10 proceeds of a state or federal grant, loan, or other financial 11 assistance for the provision of facilities or services are used 12 for the express purpose of the financial assistance and to the 13 specific benefit of service areas or persons as designated by 14 the local, state, or federal funding provider. 15 Sec. 17. NEW SECTION . 28C.17 Transfer of existing 16 facilities. 17 1. Any county, city, commission, authority, or person 18 may sell, lease, lend, grant, or convey to the authority, a 19 facility or any part of a facility, or any interest in real 20 or personal property which may be used by an authority in the 21 construction, improvement, maintenance, leasing, or operation 22 of any metropolitan facilities. Any county, city, commission, 23 authority, or person may transfer and assign over to the 24 authority a contract which may have been awarded by the county, 25 city, commission, authority, or person for the construction of 26 facilities not begun or, if begun, not completed. 27 2. A proposed action of the board, and a proposed 28 agreement to acquire, shall be approved by the governing 29 body of the owner of the facilities. If the governing body 30 of a county, city, commission, or authority desires to sell, 31 lease, lend, grant, or convey to the authority a facility 32 or any part of a facility, the governing body shall adopt a 33 resolution signifying its intention to do so and shall publish 34 the resolution at least one time in a newspaper of general 35 -17- LSB 5350HV (1) 88 ss/jh 17/ 23
H.F. 2322 circulation in the county and in a newspaper or newspapers, 1 if necessary, of general circulation in the area served by 2 the county, city, commission, or authority giving notice of a 3 hearing to be held on the question of the sale, lease, loan, 4 grant, or conveyance. The resolution shall be published at 5 least fourteen days prior to the date of hearing. After 6 the hearing and if in the public interest, the county, city, 7 commission, or authority shall enact an ordinance authorizing 8 the sale, lease, loan, grant, or conveyance. 9 3. An owner transferring an existing facility to the 10 authority under this section shall notify the board of and 11 make provision in the transfer documents for, where necessary, 12 existing rights, liens, securities, and rights of reentry 13 belonging to the state or federal government. 14 4. This section, without reference to any other law, shall 15 be deemed complete authority for the acquisition by agreement, 16 of a facility as provided in subsection 1, and no proceedings 17 or other action shall be required except as prescribed in this 18 subchapter. 19 Sec. 18. NEW SECTION . 28C.18 Moneys of the authority. 20 Moneys of the authority shall be paid to the treasurer 21 of the authority who shall not commingle the moneys with any 22 other moneys, but shall deposit them in a separate account or 23 accounts. Moneys in the accounts shall be paid out on check 24 of the treasurer on requisition of the chairperson of the 25 authority, or of another person as the authority may authorize 26 to make the requisition. An authority may deposit any of its 27 rates, fees, rentals, or other charges, receipts, or income 28 with any bank or trust company that is federally insured. 29 Sec. 19. NEW SECTION . 28C.19 Award of contracts. 30 All contracts entered into by an authority for the 31 construction, reconstruction, and improvement of metropolitan 32 facilities shall be entered into pursuant to and shall 33 comply with applicable state laws. However, if an authority 34 determines an emergency exists, it may enter into contracts 35 -18- LSB 5350HV (1) 88 ss/jh 18/ 23
H.F. 2322 obligating the authority for not in excess of one hundred 1 thousand dollars per emergency without regard to the 2 requirements of applicable state laws, and the authority may 3 proceed with the necessary action as expeditiously as possible 4 to the extent necessary to resolve the emergency. 5 Sec. 20. NEW SECTION . 28C.20 Exemption from taxation. 6 Since the authority is performing essential governmental 7 functions, the authority is not required to pay any taxes or 8 assessments of any kind or nature upon any property required 9 or used by it for its purposes, or any rates, fees, rentals, 10 receipts, or incomes at any time received by it, and the 11 bonds issued by an authority, their transfer, and the income, 12 including any profits made on the sale of the bonds, is 13 deductible in determining net income for the purposes of the 14 state individual and corporate income tax under chapter 422, 15 divisions II and III , and shall not be taxed by any political 16 subdivision of this state. 17 Sec. 21. NEW SECTION . 28C.21 Dissolution. 18 1. The authority shall be dissolved by a unanimous vote of 19 the board. 20 2. The authority shall provide by ordinance for the disposal 21 of any remaining property, the proceeds of which shall first be 22 applied against any outstanding obligation of the authority. 23 The remaining balance shall be divided between the counties 24 included in the authority and credited to the general funds of 25 the respective counties. 26 Sec. 22. NEW SECTION . 28C.22 Supremacy of compact. 27 The provisions of this subchapter are subject to all of the 28 provisions of the quad cities regional metropolitan authority 29 compact provided for in section 28C.1. 30 DIVISION III 31 CONFORMING CHANGES 32 Sec. 23. Section 28J.15, Code 2020, is amended to read as 33 follows: 34 28J.15 Limitation on certain powers of political 35 -19- LSB 5350HV (1) 88 ss/jh 19/ 23
H.F. 2322 subdivisions. 1 A political subdivision creating or participating in the 2 creation of a port authority in accordance with section 28J.2 3 shall not, during the time the port authority is in existence, 4 exercise the rights and powers provided in chapters 28A , 5 28C, 28K , and 384 relating to the political subdivision’s 6 authority over a port, wharf, dock, harbor or other facility 7 substantially similar to that political subdivision’s authority 8 under a port authority granted under this chapter . 9 DIVISION IV 10 EFFECTIVE DATE 11 Sec. 24. EFFECTIVE DATE. This Act, being deemed of 12 immediate importance, takes effect upon enactment. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill establishes the quad cities regional metropolitan 17 authority compact. The bill is organized into divisions. 18 DIVISION I —— QUAD CITIES REGIONAL METROPOLITAN AUTHORITY 19 COMPACT. Division I of the bill enacts the quad cities 20 regional metropolitan authority compact. The bill creates the 21 quad cities regional metropolitan authority (“the authority”) 22 upon the enactment of the compact in both Illinois and Iowa. 23 The authority consists of Rock Island county, Illinois, and 24 Scott county, Iowa. The compact provides that the authority 25 shall be governed by a board of not more than eight members, 26 with half being residents of Rock Island county and half being 27 residents of Scott county. Members of the board shall be 28 reimbursed for reasonable expenses and shall be compensated as 29 provided in substantially similar laws of Iowa and Illinois. 30 The board shall annually elect officers and may hire employees. 31 The authority has the power to sue and be sued, to own and 32 operate facilities and property within the territory of the 33 authority, to charge fees for the use of authority facilities, 34 to accept and receive property and services, to disburse 35 -20- LSB 5350HV (1) 88 ss/jh 20/ 23
H.F. 2322 funds for its lawful activities, to enter into agreements 1 with political entities, to pledge or mortgage its property, 2 to perform other necessary and incidental functions, to 3 exercise other powers conferred by substantially identical 4 laws of Iowa and Illinois, and to impose taxes approved by 5 a referendum of voters in the territory of the authority. 6 Political subdivisions of Iowa and Illinois shall not impose 7 taxes to fund the authority except as provided in substantially 8 identical laws of Iowa and Illinois. Iowa and Illinois may 9 enact substantially identical laws to enforce the ordinances of 10 the authority. The authority may be dissolved by a political 11 subdivision of Illinois or Iowa as provided by law of Illinois 12 or Iowa, respectively. The compact requires the attorneys 13 general of each state to seek the consent of Congress to enter 14 into the compact. 15 DIVISION II —— QUAD CITIES REGIONAL METROPOLITAN AUTHORITY. 16 Division II of the bill enacts enabling laws for the 17 functioning of the authority. The purpose of the authority is 18 to engage in strategic investments that can best be conducted 19 for an areawide growth plan. 20 The bill provides that four residents of Scott county 21 shall be appointed to the board of commissioners governing 22 the authority. Two shall reside in Davenport and shall be 23 appointed by the mayor of Davenport with the advice and consent 24 of the city council. One member shall reside in Bettendorf and 25 shall be appointed by the mayor of Bettendorf with the advice 26 and consent of the city council. One member shall reside 27 in Scott county but not in Davenport or Bettendorf and shall 28 be appointed by the county chairperson with the advice and 29 consent of the board of supervisors. The board shall be gender 30 balanced if possible and appointing authorities shall provide 31 for representation of racial minorities. Initial commissioners 32 shall be made within 30 days of establishment of the authority 33 and shall serve for terms of two or four years. Thereafter, 34 all commissioners shall serve terms of four years. Members 35 -21- LSB 5350HV (1) 88 ss/jh 21/ 23
H.F. 2322 shall not serve more than eight consecutive years on the board 1 and may serve on the board again after two years off the board. 2 A city council or county board of supervisors may vote to 3 remove a board member appointed with the advice and consent of 4 the city council or county board of supervisors. 5 The board shall annually elect a chairperson, and the 6 position of chairperson shall alternate annually between a 7 resident of Rock Island county and a resident of Scott county. 8 Meetings of the board shall be public meetings and records of 9 the board shall be public records. 10 The bill expands the powers granted to the authority by 11 the compact, including by allowing the authority to contract 12 for police and fire protections, regulate traffic, establish 13 ordinances, and establish a general and other necessary funds. 14 Ordinances imposed by the authority shall not impose fines 15 of more than $100. Actions of the board of a legislative 16 character shall be in the form of an ordinance, and other 17 actions shall be by resolution, motion, or other appropriate 18 form. An officer or employee of the board authorized to 19 conduct financial business on behalf of the board shall furnish 20 a surety bond. The authority may be dissolved by a unanimous 21 vote of the board, which shall provide for the disposition of 22 any remaining property and obligations of the authority. 23 The board may change the name of the authority by ordinance. 24 The board shall annually prepare and adopt a budget for the 25 authority. Contracts awarded by the authority shall comply 26 with the applicable laws of Illinois and Iowa. 27 The authority may impose a local occupation or use tax if it 28 secures a majority vote in both Rock Island county and Scott 29 county. Such a tax shall be administered by the departments of 30 revenue of both Illinois and Iowa. 31 Jurisdictions within Scott county and Rock Island county 32 are not incorporated into the authority. However, such a 33 jurisdiction may negotiate with the authority to transfer 34 the jurisdiction’s powers, income, debts, and facilities 35 -22- LSB 5350HV (1) 88 ss/jh 22/ 23
H.F. 2322 to the authority, or to transfer only facilities under the 1 jurisdiction’s control to the authority. The authority may 2 apply for and receive grants and loans from other governmental 3 entities. Moneys of the authority shall be kept in a separate 4 fund in any federally insured bank or trust company. Moneys of 5 the authority are exempt from taxation. 6 The provisions of Division II are subordinate to the 7 provision of the quad cities regional metropolitan authority 8 compact. 9 The bill may cause a state agency or political subdivision to 10 offer for sale to the public a service or product that competes 11 with private enterprise. 12 DIVISION III —— CONFORMING CHANGES. This division makes a 13 conforming change to Code section 28J.15 regarding the creation 14 of and participation in port authorities. 15 DIVISION IV —— EFFECTIVE DATE. The bill becomes effective 16 upon enactment. 17 -23- LSB 5350HV (1) 88 ss/jh 23/ 23
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