Bill Text: IL HB1131 | 2023-2024 | 103rd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Reinserts the provisions of the engrossed bill as modified by Senate Amendment No. 1 and makes the following changes. Amends the Illinois Governmental Ethics Act. Requires persons serving as Executive Director or otherwise involved with directing the affairs of a Regional Development Authority to file statements of economic interest with the Secretary of State. Amends the State Officials and Employees Ethics Act. Subjects Authority leaders, board members, and employees of Regional Development Authorities to regulation under the Act. Further amends the Southwestern Illinois Development Authority Act, the Quad Cities Regional Economic Development Authority Act, and the Tri-County River Valley Development Authority Law and amends the Central Illinois Economic Development Authority Act, the Eastern Illinois Economic Development Authority Act, the Joliet Arsenal Development Authority Act, the Riverdale Development Authority Act, the Southeastern Illinois Economic Development Authority Act, the Southern Illinois Economic Development Authority Act, the Upper Illinois River Valley Development Authority Act, the Illinois Urban Development Authority Act, the Western Illinois Economic Development Authority Act, and the Will-Kankakee Regional Development Authority Law. Adds provisions relating to requests for assistance, disclosure of economic interests, open meetings, record disclosure, and notice relating to commitment to support the financing of a project. Adds related definitions. Provides that a Board of an Authority may not meet or take any action without a quorum present.

Spectrum: Bipartisan Bill

Status: (Passed) 2023-08-11 - Public Act . . . . . . . . . 103-0517 [HB1131 Detail]

Download: Illinois-2023-HB1131-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1131 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
70 ILCS 520/4 from Ch. 85, par. 6154
70 ILCS 520/5 from Ch. 85, par. 6155
70 ILCS 520/8 from Ch. 85, par. 6158
Amends the Southwestern Illinois Development Authority Act. Adds Monroe County to the territory of the Southwestern Illinois Development Authority. Makes conforming changes. Provides that the Chairman of the Authority shall be elected by the Board annually from the voting members (rather than elected from the members appointed by the county board chairmen). Provides that members of the Board may participate in Board meetings by teleconference or video conference. Allows the Authority to also enter into intergovernmental agreements with Bond, Clinton, and Monroe counties, in addition to other entities (currently, the only counties included are Madison and St. Clair counties). Effective July 1, 2023.
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A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Southwestern Illinois Development Authority
Act is amended by changing Sections 4, 5, and 8 as follows:
(70 ILCS 520/4) (from Ch. 85, par. 6154)
Sec. 4. (a) There is hereby created a political
subdivision, body politic and municipal corporation named the
Southwestern Illinois Development Authority. The territorial
jurisdiction of the Authority is that geographic area within
the boundaries of Madison, St. Clair, Bond, and Clinton, and
Monroe counties in the State of Illinois and any navigable
waters and air space located therein.
(b) The governing and administrative powers of the
Authority shall be vested in a body consisting of 15 voting 14
members including, as ex officio members, the Director of
Commerce and Economic Opportunity, or his or her designee, and
the Secretary of Transportation, or his or her designee. The
other 13 voting 12 members of the Authority shall be
designated "public members", 6 of whom shall be appointed by
the Governor with the advice and consent of the Senate, 2 of
whom shall be appointed by the county board chairman of
Madison County, 2 of whom shall be appointed by the county

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board chairman of St. Clair County, one of whom shall be
appointed by the county board chairman of Bond County, and one
of whom shall be appointed by the county board chairman of
Clinton County, and one of whom shall be appointed by the
county board chairman of Monroe County. All public members
shall reside within the territorial jurisdiction of this Act.
Eight voting members shall constitute a quorum. The public
members shall be persons of recognized ability and experience
in one or more of the following areas: economic development,
finance, banking, industrial development, small business
management, real estate development, community development,
venture finance, organized labor or civic, community or
neighborhood organization. The Chairman of the Authority shall
be elected by the Board annually from the voting members
appointed by the county board chairmen.
(c) Except as otherwise provided in this subsection, the
The terms of all members of the Authority shall begin 30 days
after the effective date of this Act. Of the 8 public members
initially appointed pursuant to this Act, 3 shall serve until
the third Monday in January, 1988, 3 shall serve until the
third Monday in January, 1989, and 2 shall serve until the
third Monday in January, 1990. The public members initially
appointed under this amendatory Act of the 94th General
Assembly shall serve until the third Monday in January, 2008.
The member initially appointed pursuant to this amendatory Act
of the 103rd General Assembly by the county board chairman of

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Monroe County shall serve until the third Monday in January
2026. All successors shall be appointed by the original
appointing authority and hold office for a term of 3 years
commencing the third Monday in January of the year in which
their term commences, except in case of an appointment to fill
a vacancy. Vacancies occurring among the public members shall
be filled for the remainder of the term. In case of vacancy in
a Governor-appointed membership when the Senate is not in
session, the Governor may make a temporary appointment until
the next meeting of the Senate when a person shall be nominated
to fill such office, and any person so nominated who is
confirmed by the Senate shall hold office during the remainder
of the term and until a successor shall be appointed and
qualified. Members of the Authority shall not be entitled to
compensation for their services as members but shall be
entitled to reimbursement for all necessary expenses incurred
in connection with the performance of their duties as members.
Members of the Board may participate in Board meetings by
teleconference or video conference, notwithstanding quorum
requirements under Section 2.01 and Section 7 of the Open
Meetings Act.
(d) The Governor may remove any public member of the
Authority in case of incompetency, neglect of duty, or
malfeasance in office.
(e) The Board shall appoint an Executive Director who
shall have a background in finance, including familiarity with

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the legal and procedural requirements of issuing bonds, real
estate or economic development and administration. The
Executive Director shall hold office at the discretion of the
Board. The Executive Director shall be the chief
administrative and operational officer of the Authority, shall
direct and supervise its administrative affairs and general
management, shall perform such other duties as may be
prescribed from time to time by the members and shall receive
compensation fixed by the Authority. The Executive Director
shall attend all meetings of the Authority; however, no action
of the Authority shall be invalid on account of the absence of
the Executive Director from a meeting. The Authority may
engage the services of such other agents and employees,
including attorneys, appraisers, engineers, accountants,
credit analysts and other consultants, as it may deem
advisable and may prescribe their duties and fix their
compensation.
(f) The Board may, by majority vote, nominate up to 4
non-voting members for appointment by the Governor. Non-voting
members shall be persons of recognized ability and experience
in one or more of the following areas: economic development,
finance, banking, industrial development, small business
management, real estate development, community development,
venture finance, organized labor, or civic, community, or
neighborhood organization. Non-voting members shall serve at
the pleasure of the Board. All non-voting members may attend

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meetings of the Board and shall be reimbursed as provided in
subsection (c).
(g) The Board shall create a task force to study and make
recommendations to the Board on the economic development of
the city of East St. Louis and on the economic development of
the riverfront within the territorial jurisdiction of this
Act. The members of the task force shall reside within the
territorial jurisdiction of this Act, shall serve at the
pleasure of the Board and shall be persons of recognized
ability and experience in one or more of the following areas:
economic development, finance, banking, industrial
development, small business management, real estate
development, community development, venture finance, organized
labor or civic, community or neighborhood organization. The
number of members constituting the task force shall be set by
the Board and may vary from time to time. The Board may set a
specific date by which the task force is to submit its final
report and recommendations to the Board.
(Source: P.A. 96-443, eff. 8-14-09.)
(70 ILCS 520/5) (from Ch. 85, par. 6155)
Sec. 5. All official acts of the Authority shall require
the approval of at least 8 voting members. It shall be the duty
of the Authority to promote development within the geographic
confines of Madison, Bond, Clinton, and St. Clair, and Monroe
counties. The Authority shall use the powers herein conferred

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upon it to assist in the development, construction and
acquisition of industrial, commercial, housing or residential
projects within Madison, Bond, Clinton, and St. Clair, and
Monroe counties.
(Source: P.A. 94-1096, eff. 6-1-07.)
(70 ILCS 520/8) (from Ch. 85, par. 6158)
Sec. 8. (a) The Authority may, but need not, acquire title
to any project with respect to which it exercises its
authority.
(b) The Authority shall have power to acquire by purchase,
lease, gift or otherwise any property or rights therein from
any person or persons, the State of Illinois, any municipal
corporation, any local unit of government, the government of
the United States and any agency or instrumentality of the
United States, any body politic or any county useful for its
purposes, whether improved for the purposes of any prospective
project or unimproved. The Authority may also accept any
donation of funds for its purposes from any such source. The
Authority may acquire any real property, or rights therein,
upon condemnation. The acquisition by eminent domain of such
real property or any interest therein by the Authority shall
be in the manner provided by the Eminent Domain Act, including
Article 20 thereof (quick-take power).
The Authority shall not exercise any quick-take eminent
domain powers granted by State law within the corporate limits

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of a municipality unless the governing authority of the
municipality authorizes the Authority to do so. The Authority
shall not exercise any quick-take eminent domain powers
granted by State law within the unincorporated areas of a
county unless the county board authorizes the Authority to do
so.
(c) The Authority shall have power to develop, construct
and improve, either under its own direction or through
collaboration with any approved applicant, or to acquire
through purchase or otherwise any project, using for such
purpose the proceeds derived from its sale of revenue bonds,
notes or other evidences of indebtedness or governmental loans
or grants and to hold title in the name of the Authority to
such projects.
(d) The Authority shall have the power to enter into
intergovernmental agreements with the State of Illinois, the
counties of Bond, Clinton, Madison, Monroe, and or St. Clair,
the Southwest Regional Port District, the Illinois Finance
Authority, the Illinois Housing Development Authority, the
Metropolitan Pier and Exposition Authority, the United States
government and any agency or instrumentality of the United
States, the city of East St. Louis, any unit of local
government located within the territory of the Authority or
any other unit of government to the extent allowed by Article
VII, Section 10 of the Illinois Constitution and the
Intergovernmental Cooperation Act.

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(e) The Authority shall have the power to share employees
with other units of government, including agencies of the
United States, agencies of the State of Illinois and agencies
or personnel of any unit of local government.
(f) The Authority shall have the power to exercise powers
and issue bonds as if it were a municipality so authorized in
Divisions 12.1, 74, 74.1, 74.3 and 74.5 of Article 11 of the
Illinois Municipal Code.
(Source: P.A. 93-205, eff. 1-1-04; 94-1055, eff. 1-1-07.)
Section 99. Effective date. This Act takes effect upon
becoming law.