2023 Illinois Compiled Statutes › Chapter 45 - INTERSTATE COMPACTS › 45 ILCS 35/ - Quad Cities Interstate Metropolitan Authority Act.

(45 ILCS 35/1) (from Ch. 85, par. 6248-1)
Sec. 1. 
		Short title. 
		This Act may be cited as the Quad Cities Interstate Metropolitan Authority Act.
(Source: P.A. 87-622.)
(45 ILCS 35/5) (from Ch. 85, par. 6248-5)
Sec. 5. 
		Purposes.
(a) This Act is enabling legislation for the Quad Cities Interstate
Metropolitan Authority Compact entered into by the states of Illinois and
Iowa as authorized by the Quad Cities Interstate Metropolitan Authority
Compact Act.
(b) The Quad Cities Interstate Metropolitan Authority ("Authority")
shall engage in operations and services that can best be conducted on an
areawide basis benefiting the entire greater metropolitan area and at the
same time improving the quality of life for the greater metropolitan area.
The Authority may include the following areas of operation and services:
(1) Intermodal water port operations.
(2) Waste disposal systems.
(3) Mass transit.
(4) Airports.
(5) Bridges.
(6) Parks and recreation.
(7) Related facilities, fixtures, equipment, and     property necessary, appurtenant, or incidental to the operations and services specified in paragraphs (1) through (6).  The Authority shall be supportive of, and refrain from unnecessary and unreasonable competition with, private sector operations when possible.
(c) The establishment, maintenance, and operation of safe, adequate, and
necessary metropolitan facilities, the creation of the Authority having
powers necessary or desirable for the establishment, maintenance, and
operation of the metropolitan facilities beneficial to the territory of the
Authority, and the powers and the corporate purposes and functions of the
Authority are public and governmental in nature and essential to the public
interest in the territory of the Authority.
(Source: P.A. 87-622.)
(45 ILCS 35/10) (from Ch. 85, par. 6248-10)
Sec. 10. 
		Definitions. 
		As used in this Act, unless the context otherwise
requires:
"Authority" means the Quad Cities Interstate Metropolitan Authority
created under this Act.
"Board" means the board of commissioners of the Authority.
"Cost", with respect to any project for a metropolitan facility, includes
construction contract costs and the costs of engineering, architectural,
technical, and legal services, preliminary reports, property valuations,
estimates, plans, specifications, notices, acquisition of real and personal
property, consequential damages or costs, easements, rights-of-way,
supervision, inspection, testing, publications, printing and sale of bonds,
if any, and provisions for contingencies.
"Greater metropolitan area" means the combined area of Rock Island
County, Illinois, and Scott County, Iowa.
"Metropolitan area" means Rock Island County, Illinois, as a separate and
distinct area, or Scott County, Iowa, as a separate and distinct area, or
each as a part of the greater metropolitan area.
"Metropolitan facility" means a structure or fixture, equipment, or
property of any kind or nature related to or connected with an intermodal
water port, waste disposal system, mass transit system, airport, bridge, park,
or recreation that the Authority may construct, acquire, own,
lease, or operate, including all related facilities necessary, appurtenant,
or incidental to the facilities.
"Person" means an individual, firm, partnership, corporation, company,
association, or joint stock association, and includes any trustee,
receiver, assignee, or personal representative of any of those entities.
"Waste disposal system" means a facility or service for collection,
transportation, processing, storage, or disposal of solid waste including a
facility or service established pursuant to the Local Solid Waste Disposal Act.
(Source: P.A. 87-622.)
(45 ILCS 35/15) (from Ch. 85, par. 6248-15)
Sec. 15. 
		Petition and public hearing.
(a) Upon the petition of eligible electors of a metropolitan area equal
in number to at least 10% of the persons who voted in the last general
election held in the metropolitan area for the office of President of the
United States or governor, the governing body of the county shall adopt a
resolution signifying its intention to initiate the question of
participating in the creation of an Authority and shall publish the
resolution at least once in a newspaper of general circulation in the
metropolitan area giving notice of a hearing to be held on the question of
the metropolitan area's entry into the Authority.  The resolution shall be
published at least 14 days before the date of hearing, and shall contain
all of the following information:
(1) Intention to join in the creation of the     Authority pursuant to this Act.
(2) That the greater metropolitan area will include     Rock Island County, Illinois, and Scott County, Iowa, which have expressed their interest in the creation of the Authority.
(3) Name of the Authority.
(4) Place, date, and time of hearing.
(b) After the hearing, if the governing body of a metropolitan area
wishes to proceed in the creation of or to join the Authority, the
governing body shall direct the proper election authority to submit the
proposition to the electorate of the metropolitan area as provided in
Section 20.
(Source: P.A. 87-622.)
(45 ILCS 35/20) (from Ch. 85, par. 6248-20)
Sec. 20. 
		Election.
(a) Upon receipt of the resolution, the proper election officials
shall place the proposition on the ballot of a special election but not at
a general election, called by the governing body of the metropolitan area.
At the election, the proposition shall be submitted in substantially the following form:
Shall the Quad Cities Interstate Metropolitan     Authority be established effective on (date)?
(b) Notice of the election shall be given by publication as required in
the Election Code in a newspaper of general circulation in the metropolitan
area.  At the election, the ballot used for submission of the proposition
shall be substantially the form for submitting special questions at general
elections.
(c) The proposition is approved if the vote in favor of the proposition
is a simple majority of the total votes cast on the proposition in the
metropolitan area.
(d) If the proposition is approved, the governing body of the county
shall enact an ordinance authorizing the joining of the Authority.
(Source: P.A. 87-622.)
(45 ILCS 35/25) (from Ch. 85, par. 6248-25)
Sec. 25. 
		Board of commissioners; Appointment.
(a) The Authority established under this Act shall be governed by a
board of commissioners appointed as provided in subsection (b).  The
appointment of the commissioners shall be made in writing and shall
indicate the legal residence of each appointee.
(b) The board of commissioners of the Authority shall consist of 16
members, eight of whom shall be residents of the metropolitan area of each
state that is a party to the Authority.  At least 4 but not more than 5
members appointed from each metropolitan area shall be elected city or
county officers.  The mayor of each city having a population of at least
80,000 within the metropolitan area shall appoint, with the consent of the
city council, 4 members to the board of commissioners.  The mayor of each
city having a population of at least 40,000, but less than 80,000, within
the metropolitan area shall appoint, with the consent of the city council,
2 members to the board of commissioners.  The mayor of each city having a
population of at least 19,000, but less than 40,000, within the
metropolitan area shall appoint, with the consent of the city council, one
member to the board of commissioners.  The remaining members appointed from
each state shall be appointed by the chairperson of the governing body of
the county within the metropolitan area, with consent of the governing
body, from cities having populations less than 19,000 and areas outside the
corporate limits of cities.
(c) If a city increases to a population that would enable an additional
appointment to be made, a member appointed by the chairperson of the
governing body of the county and having the least tenure shall be removed
from the board of commissioners.  If a city decreases to a population
warranting fewer members, the appointee having the least tenure of that
city shall be removed from the board of commissioners and the chairperson
of the governing body of the county in which that city is located shall
make a new appointment as provided in subsection (b).  If more members than
are required to be removed have the same tenure, the member to be removed
shall be determined by lot.
(d) The membership of the board of commissioners shall be gender
balanced if possible.  The appointing authorities shall strive for gender
balance on the board and shall comply with similar laws of the state of
Iowa as determined by the appointing authorities.  The appointing
authorities shall also provide representation for racial groups residing in
the metropolitan area based on the ratio of the racial population to the
population as a whole.
(Source: P.A. 87-622.)
(45 ILCS 35/30) (from Ch. 85, par. 6248-30)
Sec. 30. 
		Terms of office.
(a) All initial appointments of commissioners shall be made
within 30 days after the establishment of the Authority.  The Authority is
considered established when the proposition
is approved by the voters under Section 20.  Each appointment shall be in
writing and a certificate of appointment signed by the appointing officer
shall be filed and made a matter of record in the office of the county
recorder.  A commissioner shall be appointed for a term of 2 years and
shall qualify within 10 days after appointment by acceptance and the taking
of an oath or affirmation to faithfully perform the duties of office.
Members initially appointed to the board of commissioners shall serve from
the date of their appointment until June 30 of the first or second year
after the date of their appointment and shall draw lots to determine the
terms for which each shall be appointed.  Lots shall be drawn so that 4
commissioners from the metropolitan area shall serve in each of 2 classes.
Thereafter, commissioners shall be appointed for terms of 2 years beginning
on July 1 of the year of appointment.  However, a commissioner who is also
an elected officer shall have a term of office that runs concurrent and
consistent with the elective office.
(b) Within 45 days after any vacancy occurs on the board by death,
resignation, change of residence to outside the metropolitan area, or
any other cause, a successor shall be appointed, in the same manner as
the commissioner whose office became vacant, for the unexpired remainder of
the term.  Commissioners and officers of the board shall serve until a
successor is appointed and qualifies.  A vacancy exists when a commissioner
who is also an elected officer leaves elective office. A former city or
county elected officer is ineligible to serve as a commissioner for 2 years
after leaving elective office.
(Source: P.A. 87-622.)
(45 ILCS 35/35) (from Ch. 85, par. 6248-35)
Sec. 35. 
		Organization; officers; meetings; compensation.
(a) The board of commissioners may exercise all of its legislative and
executive powers granted under this Act.  Within 30 days after the
appointment of the initial commissioners, the board shall meet and elect a
chairperson from among its members for a term of one year.  The
chairperson's position shall alternate annually between a commissioner from
one state and a commissioner from the other state.  The board shall also
select a secretary, treasurer, and other officers or employees as necessary
for the accomplishment of its corporate objectives, none of whom need be a
commissioner.  The board, at its first meeting, shall define by ordinance
the first and subsequent fiscal years of the Authority and shall adopt a
corporate seal and bylaws that shall determine the times for the annual
election of officers and for other regular and special meetings of the
board.  The bylaws shall contain the rules for the transaction of other
business of the Authority and for amending the bylaws.
(b) Each commissioner of the Authority shall devote the amount of time
to the duties of office as the faithful discharge of the duties may
require.  The board shall reimburse a commissioner for actual and necessary
expenses incurred in the performance of official duties as approved by the
board.  A commissioner shall not receive a salary or per diem for the
performance of official duties.
(c) Each commissioner shall comply with restrictions relating to
conflicts of interest or the acceptance of gifts as provided in the Public
Officer Prohibited Activities Act or in similar laws of the state of Iowa
as determined by the board.
(d) The commissioners shall conduct their meetings as public meetings with
appropriate notice pursuant to the Open Meetings Act or to similar laws of
the state of Iowa as determined by the board.
(e) The board shall keep and maintain its records as public records
pursuant to the Local Records Act or to similar laws of the state of Iowa
as determined by the board.
(Source: P.A. 87-622.)
(45 ILCS 35/40) (from Ch. 85, par. 6248-40)
Sec. 40. 
		Powers and duties.
(a) The Authority constitutes a municipal corporation and body politic
separate from any other municipality, state, or other
public or governmental agency.  The Authority has the following express
powers, subject to any restrictions or limitations contained in this
Act, and all other powers incidental, necessary, convenient, or
desirable to carry out and effectuate the express powers to:
(1) Sue and be sued.
(2) Locate, acquire, own, establish, operate, and     maintain one or more metropolitan facilities upon any land or body of water within its corporate limits, and construct, develop, expand, extend, and improve any metropolitan facility.  A new metropolitan facility, such as a sanitary landfill or infectious waste disposal facility, shall not be established without site approval of the city council or board of supervisors that governs the city or county in which the proposed site is to be located.
(3) Acquire, within the corporate limits of the     Authority, rights in fee simple in and over land or water, easements upon, over, or across land or water, leasehold interests in land or water, and tangible and intangible personal property, used or useful for the location, establishment, maintenance, development, expansion, extension, or improvement of one or more metropolitan facilities.  The acquisition may be by dedication, purchase, gift, agreement, lease, or by condemnation if within the corporate limits of the Authority.  The Authority may acquire land in fee simple subject to a mortgage and as part of the purchase price may assume the payment of the indebtedness secured by the mortgage.  Land may be acquired, possessed, and used for its purposes by the Authority under a written contract for a deed conveying merchantable title, providing that the deed shall be placed in escrow and be delivered upon payment of the purchase price, and containing other terms reasonably incident to the contract.  Personal property may be purchased under an installment contract or lease-purchase contract.
(4) Operate, maintain, manage, lease (with or without     a lease-purchase option), sublease, and make and enter into contracts for the use, operation, or management of a metropolitan facility and enact regulations for the operation, management, or use of a metropolitan facility.
(5) Fix, charge, and collect reasonable rents, tolls,     fees, and charges for the use of a metropolitan facility or any part of a metropolitan facility.  Rents, tolls, fees, or charges fixed and collected for the use of a metropolitan facility shall be used for the construction, reconstruction, repair, maintenance, or operation of that metropolitan facility or the construction, reconstruction, repair, maintenance, or operation of similar metropolitan facilities.
(6) Establish and maintain streets and approaches on     property of the Authority.
(7) Remove and relocate hazards or structures on     property of the Authority.
(8) Restrict and reduce the height of objects or     buildings on property of the Authority.
(9) Accept grants, contributions, or loans from, and     enter into contracts, leases, or other transactions with, a city, county, state, or federal government.
(10) Borrow money and issue bonds, notes,     certificates, or other evidences of indebtedness for the purpose of accomplishing any of the corporate purposes (which obligations may be payable from other sources as provided in this Act) and refund or advance refund any of the evidences of indebtedness with bonds, notes, certificates, or other evidence of indebtedness (which refunding or advanced refunding obligations may be payable from taxes or from any other source), subject to compliance with any condition or limitation set forth in this Act.
(11) Employ, or enter into contracts for the     employment of, any person for professional services that are necessary or desirable for the accomplishment of the corporate objectives of the Authority or the proper administration, management, protection, or control of its property.
(12) Regulate traffic, speed, movement, and mooring     of vessels on property of the Authority.
(13) Regulate traffic, speed, movement, and parking     of motor vehicles upon property of the Authority and employ parking meters, signs, and other devices in the regulation of the motor vehicles.
(14) Contract for police and fire protection.
(15) Establish, by ordinance of the board, all     regulations for the execution of the powers specified in this Act, for the government of the Authority, and for the protection of any metropolitan facility within the jurisdiction of the Authority or deemed necessary or desirable to effect its corporate objectives.  An ordinance may provide for the revocation, cancellation, or suspension of an existing privilege or franchise as a penalty for a second or subsequent violation by the holder or franchisee of a regulation pertaining to the enjoyment, use, or exercise of the privilege or franchise.  The use of a metropolitan facility of the Authority shall be subject to the reasonable regulation and control of the Authority and shall be upon reasonable terms and conditions established by the board.
(16) Establish a general operating fund and other     funds as necessary.
(17) Do all acts and things necessary or convenient     for the promotion of its business and the general welfare of the Authority in order to carry out the powers granted to it by this Act or any other laws.  The Authority has no power to pledge the taxing power of this State or any political subdivision or agency of this State.
(b) Bonds and notes issued by the Authority are payable solely
and only out of the moneys, assets, or revenues of the Authority and as
provided in the agreement with bondholders or noteholders pledging any
particular moneys, assets, or revenues.  Bonds or notes are not an
obligation of this State or any political subdivision of this State other
than the Authority within the meaning of any constitutional or statutory
debt limitations, but are special obligations of the Authority payable
solely and only from the sources provided in this Act, and the Authority
shall not pledge the credit or taxing power of this State or any political
subdivision of this State other than the Authority or make its debts
payable out of any moneys except those of the Authority.
(Source: P.A. 87-622.)
(45 ILCS 35/42)
Sec. 42. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
(45 ILCS 35/45) (from Ch. 85, par. 6248-45)
Sec. 45. 
		Regulations and ordinances; violation. 
		Regulations
adopted under Section 40 shall be contained in an ordinance that
shall be placed on file in the office of the Authority in
typewritten or printed form for public inspection not less
than 15 days before adoption.  The ordinance may impose fines
of not more than $100 as the board deems appropriate upon
conviction or guilty plea for each violation and may provide
that, in case of a continuing violation, each day during which
a violation occurs or continues constitutes a separate offense.
(Source: P.A. 87-622.)
(45 ILCS 35/50) (from Ch. 85, par. 6248-50)
Sec. 50. 
		Eminent domain. 
		If land in fee simple, rights in land, air, or
water, easements or other interests in land, air, water, property, or
property rights are acquired or sought to be acquired by the Authority by
condemnation, the condemnation procedure shall be in accordance with the
eminent domain statutes of the state in which the affected property is located.
(Source: P.A. 87-622.)
(45 ILCS 35/55) (from Ch. 85, par. 6248-55)
Sec. 55. 
		Procedures. 
		Actions by the board of a legislative character,
including the adoption of regulations, shall be in the form of an
ordinance, and after adoption the ordinance shall be filed with the
secretary and shall be made a matter of public record in the office of the
Authority.  Other actions by the board shall be by resolution, motion, or
in other appropriate form.  Executive or ministerial duties may be
delegated to one or more commissioners or to an authorized officer,
employee, agent, or other representative of the Authority.  Ten
commissioners, 5 members from each state within the greater metropolitan
area, constitute a quorum to conduct business, and an affirmative vote of a
majority of the commissioners from each metropolitan area is required to
adopt or approve an action of the board.  The enacting clause of any
ordinance shall be substantially as follows:  "Be it ordained by the Board
of Commissioners of the Quad Cities Interstate Metropolitan Authority".
(Source: P.A. 87-622.)
(45 ILCS 35/60) (from Ch. 85, par. 6248-60)
Sec. 60. 
		Official records; bond for officers and employees.
(a) The board shall provide for the safekeeping of its permanent records
and for the recording of the corporate action of the Authority.  The board
shall keep a true and accurate account of its receipts, and an annual audit
shall be made of its books, records, and accounts by state or private auditors.
(b) All officers and employees authorized to receive or retain the
custody of moneys or to sign vouchers, checks, warrants, or evidences of
indebtedness binding upon the Authority shall furnish a surety bond for the
faithful performance of their duties and the faithful accounting for all
moneys that may come into their custody in an amount to be fixed and in a
form to be approved by the board.
(Source: P.A. 87-622.)
(45 ILCS 35/65) (from Ch. 85, par. 6248-65)
Sec. 65. 
		Change of name. 
		The board may change the name of the Authority by ordinance.  A certified
copy of the ordinance shall be filed with the appropriate state office and
the county recorder or equivalent county officer of each county in which
the Authority or part of the Authority is located.  The name change shall
be effective on the date of the filing.
(Source: P.A. 87-622.)
(45 ILCS 35/70) (from Ch. 85, par. 6248-70)
Sec. 70. 
		Budget and appropriation.
(a) Annually, the board shall prepare and adopt a budget and provide
appropriations as provided in this Section.
(b) The budget shall show (i) the amount required for each class of
proposed expenditures, (ii) a comparison of the amounts proposed to be expended
with the amounts expended for like purposes for the 2 preceding years, if
available, and (iii) the sources of revenue.
(c) Not less than 20 days before the date that a budget must be
certified as determined by the board and not less than 10 days before the
date set for the hearing under subsection (d), the board shall file the
budget with the treasurer of the Authority.  The treasurer shall post a
copy of the budget in the Authority offices for public inspection and comment.
(d) The board shall set a time and place for a public hearing on the
budget before the final certification date and shall publish notice of the
hearing not less than 10 nor more than 20 days before the hearing in one
or more newspapers serving the greater metropolitan area.  Proof of
publication shall be filed with and preserved by the treasurer.
(e) At the hearing, any resident or taxpayer of the greater metropolitan
area may present to the board objections to or arguments in favor of any
part of the budget.
(f) After the hearing, the board shall adopt a budget by resolution
and
shall direct the treasurer to properly certify and file the budget.
(g) The board shall appropriate, by resolution, the amounts deemed
necessary for the ensuing fiscal year.  All revenue from taxes, fees,
tolls, rents, charges, bonds, or any other source shall be appropriated
and used for the specific metropolitan facility project for which it
was collected or similar metropolitan facility projects.  Increases or
decreases in these appropriations do not
require a budget amendment, but may be provided by resolution at a
regular meeting of the board.
(Source: P.A. 87-622.)
(45 ILCS 35/75) (from Ch. 85, par. 6248-75)
Sec. 75. 
		Local occupation and use taxes.
(a) If an Authority is established as provided in Section 20 and after
approval of a referendum by a simple majority of votes cast in each
metropolitan area in favor of the occupation and use taxes, the governing
board of a county in this State within a metropolitan area which is part of
the Authority shall impose, at the request of the Authority, local occupation
and use taxes as provided in this Section, within the metropolitan
area located in this State.  The referendum shall be called by resolution
of the board and shall be held as provided in Section 20 to the extent
applicable.
(b) The board may impose a Quad Cities Interstate Metropolitan Authority
Retailers' Occupation Tax upon all persons engaged in the business of
selling tangible personal property at retail in the metropolitan area
at a rate of 0.25% of the gross receipts from all taxable sales made in the
course of such business within Rock Island County, Illinois.  The tax
imposed pursuant to this subsection and all civil penalties that may be
assessed as an incident thereof shall be collected and enforced by the
State Department of Revenue.  The Department shall have full power to
administer and enforce this subsection; to collect all taxes and penalties
so collected in the manner hereinafter provided; and to determine all
rights to credit memoranda arising on account of the erroneous payment of
tax or penalty hereunder.  In the administration of, and compliance with,
this subsection, the Department and persons who are subject to this
subsection shall have the same rights, remedies, privileges, immunities,
powers and duties, and be subject to the same conditions, restrictions,
limitations, penalties, exclusions, exemptions and definitions of terms,
and employ the same modes of procedure, as are prescribed in Sections 1,
1a, 1a-1, 1c, 1d, 1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all
provisions therein other than the State rate of tax), 2c, 3 (except as to
the disposition of taxes and penalties collected), 4, 5, 5a, 5b, 5c, 5d,
5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 12, 13 and
13.5 of the Retailers' Occupation Tax Act, as fully as if those provisions
were set forth herein.
Persons subject to any tax imposed pursuant to the authority granted
in this subsection may reimburse themselves for their seller's tax
liability hereunder by separately stating such tax as an additional
charge, which charge may be stated in combination, in a single amount,
with State taxes which sellers are required to collect under the Use
Tax Act, pursuant to such bracket schedules as the Department may prescribe.
Whenever the Department determines that a refund should be made under
this subsection to a claimant instead of issuing a credit memorandum, the
Department shall notify the State Comptroller, who shall cause the
warrant to be drawn for the amount specified, and to the person named,
in such notification from the Department.  Such refund shall be paid by
the State Treasurer out of the Quad Cities Interstate Metropolitan
Authority Tax Fund established pursuant to this Section.
If a tax is imposed pursuant to this subsection (b), a tax shall also
be imposed pursuant to subsections (c) and (d) of this Section.
For the purpose of determining whether a tax authorized under this
subsection is applicable, a retail sale, by a producer of coal or other
mineral mined in Illinois, is a sale at retail at the place where the
coal or other mineral mined in Illinois is extracted from the earth.
This subsection does not apply to coal or other mineral when it is
delivered or shipped by the seller to the purchaser at a point outside
Illinois so that the sale is exempt under the Federal Constitution as a
sale in interstate or foreign commerce.
Nothing in this subsection shall be construed to authorize Rock Island
County to impose a tax upon the privilege of engaging in any business which
under the Constitution of the United States may not be made the subject of
taxation by this State.
(c) If a tax has been imposed pursuant to subsection (b), a tax shall
also be imposed upon all persons engaged, in the metropolitan area, in the
business of making sales of service, who, as an incident to making such
sales of service, transfer tangible personal property within the
metropolitan area, either in the form of tangible personal property or in
the form of real estate as an incident to a sale of service.  The tax rate
shall be 0.25% of the selling price of tangible personal property so
transferred within the metropolitan area.  The tax imposed pursuant to this
subsection and all civil penalties that may be assessed as an incident
thereof shall be collected and enforced by the State Department of Revenue.
The Department shall have full power to administer and enforce this
paragraph; to collect all taxes and penalties due hereunder; to dispose of
taxes and penalties so collected in the manner hereinafter provided; and to
determine all rights to credit memoranda arising on account of the
erroneous payment of tax or penalty hereunder.  In the administration of,
and compliance with, this paragraph, the Department and persons who are
subject to this paragraph shall have the same rights, remedies, privileges,
immunities, powers and duties, and be subject to the same conditions,
restrictions, limitations, penalties, exclusions, exemptions and
definitions of terms, and employ the same modes of procedure, as are
prescribed in Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all
provisions therein other than the State rate of tax), 4 (except that the
reference to the State shall be to the Authority), 5, 7, 8 (except that the
jurisdiction to which the tax shall be a debt to the extent indicated in
that Section 8 shall be the Authority), 9 (except as to the disposition of
taxes and penalties collected, and except that the returned merchandise
credit for this tax may not be taken against any State tax), 10, 11, 12
(except the reference therein to Section 2b of the Retailers' Occupation
Tax Act), 13 (except that any reference to the State shall mean the
Authority), the first paragraph of Section 15, 15.5, 16, 17,
18, 19 and 20 of the Service Occupation Tax Act, as fully as if those
provisions were set forth herein.
Persons subject to any tax imposed pursuant to the authority granted
in this subsection may reimburse themselves for their service occupation tax
liability hereunder by separately stating such tax as an additional
charge, which charge may be stated in combination, in a single amount,
with State tax which servicemen are authorized to collect under the
Service Use Tax Act, pursuant to such bracket schedules as the
Department may prescribe.
Whenever the Department determines that a refund should be made under
this subsection to a claimant instead of issuing a credit memorandum, the
Department shall notify the State Comptroller, who shall cause the
warrant to be drawn for the amount specified, and to the person named,
in such notification from the Department.  Such refund shall be paid by
the State Treasurer out of the Quad Cities Interstate Metropolitan
Authority Tax Fund established pursuant to this Section.
Nothing in this subsection shall be construed to authorize Rock Island
County to impose a tax upon the privilege of engaging in any business
which under the Constitution of the United States may not be made the
subject of taxation by the State.
(d) If a tax has been imposed pursuant to subsection (b), a tax shall
also be imposed upon the privilege of using, in the metropolitan area, any
item of tangible personal property which is purchased outside the
metropolitan area at retail from a retailer, and which is titled or
registered with an agency of this State's government, at a rate of 0.25% of
the selling price of such tangible personal property within Rock Island
County, as "selling price" is defined in the Use Tax Act.  Such tax shall
be collected from persons whose Illinois address for titling or
registration purposes is given as being in the metropolitan area. Such tax
shall be collected by the Department of Revenue for the authority.  Such
tax must be paid to the State, or an exemption determination must be
obtained from the Department of Revenue, before the title or certificate of
registration for the property may be issued. The tax or proof of exemption
may be transmitted to the Department by way of the State agency with which,
or the State officer with whom, the tangible personal property must be
titled or registered if the Department and such State agency or State
officer determine that this procedure will expedite the processing of
applications for title or registration.
The Department shall have full power to administer and enforce this
subsection; to collect all taxes, penalties and interest due hereunder;
to dispose of taxes, penalties and interest so collected in the manner
hereinafter provided; and to determine all rights to credit memoranda or
refunds arising on account of the erroneous payment of tax, penalty or
interest hereunder. In the administration of, and compliance with, this
subsection, the Department and persons who are subject to this paragraph
shall have the same rights, remedies, privileges, immunities, powers and
duties, and be subject to the same conditions, restrictions,
limitations, penalties, exclusions, exemptions and definitions of terms
and employ the same modes of procedure, as are prescribed in Sections 2
(except the definition of "retailer maintaining a place of business in this
State"), 3 through 3-80 (except provisions pertaining to the State rate of
tax, and except provisions concerning collection or refunding of the tax by
retailers), 4, 11, 12, 12a, 14, 15, 19 (except the portions pertaining to
claims by retailers and except the last paragraph concerning refunds), 20,
21 and 22 of the Use Tax Act, and are not inconsistent with this
subsection, as fully as if those provisions were set forth herein.
Whenever the Department determines that a refund should be made under
this subsection to a claimant instead of issuing a credit memorandum, the
Department shall notify the State Comptroller, who shall cause the order
to be drawn for the amount specified, and to the person named, in such
notification from the Department. Such refund shall be paid by the State
Treasurer out of the Quad Cities Interstate Metropolitan Authority Tax Fund
established pursuant to this Section.
(e) The State Department of Revenue shall, upon collecting any taxes
as provided in this Section, pay such taxes over to the State Treasurer
as trustee for the Authority.  Such taxes shall be held in a trust fund
outside the State Treasury, to be known as the Quad Cities Interstate
Metropolitan Authority Tax Fund. On or before the 25th day of each calendar
month, the State Department of Revenue shall prepare and certify to the
Comptroller of the State of Illinois the amount to be paid to the
Authority, which shall be the then balance in said fund, less any amount
determined by the Department to be necessary for the payment of refunds.
Within 10 days after receipt by the Comptroller of such certification of
the amount to be paid to the Authority, the Comptroller shall cause an
order to be drawn for such payment for such amount in accordance with
the direction in such certification.
(f) The proceeds of the tax imposed under this Section shall be
credited to the general operating fund of the Authority.  When the
initial referendum authorizing the imposition of the tax under this Section is
adopted and an ordinance or resolution is adopted and a certified copy
of the ordinance or resolution filed with the Department of Revenue, the
Department shall proceed to administer and enforce this Section as of the
first day of the fourth month following the filing of the ordinance or
resolution with the Department.  For any subsequent periods, an ordinance
or resolution imposing, suspending, or discontinuing the tax under this
Section shall be adopted and a certified copy of the ordinance or
resolution filed with the Department on or before the first day of October,
whereupon the Department shall proceed to administer and enforce this
Section as of the first day of January next following that adoption and filing.
(Source: P.A. 87-622; 87-895.)
(45 ILCS 35/80) (from Ch. 85, par. 6248-80)
Sec. 80. 
		Bonds and notes payable from revenue.
(a) The bonds issued by the board pursuant to this Act shall be
authorized by resolution of the board
and shall be either term or serial bonds, shall bear the date, mature
at the time (not exceeding 40 years from their respective dates), bear
interest at the rate (not exceeding the rate permitted under the Bond
Authorization Act or the rate authorized by another state within the
greater metropolitan area, whichever rate is lower), be payable monthly or
semiannually, be in the denominations, be in the form (either coupon or
fully registered), carry the registration, exchangeability, and
interchangeability privileges, be payable in the medium of payment and at
the place (within or without the State), be subject to the terms of
redemption, and be entitled to the priorities on the revenues, rates, fees,
rentals, or other charges or receipts of the Authority as the resolution
may provide.  The bonds shall be executed either by manual or facsimile
signature by the officers as the Authority shall determine, provided that
the bonds shall bear at least one signature that is manually executed on
the bond, the coupons attached to the bonds shall bear the facsimile
signature of the officer designated by the Authority, and the bonds shall
have the seal of the Authority affixed, imprinted, reproduced, or
lithographed on the bond, all as prescribed in a resolution of the board.
The bonds shall be sold at a public or private sale at the price the
Authority determines to be in the best
interests of the Authority, provided that the bonds shall not be sold at
less than 98% of the par value of the bond plus accrued interest, and
provided that the net interest cost shall not exceed that permitted by
applicable state law. Pending the preparation of definitive bonds, interim
certificates or temporary bonds, may be issued to the purchaser of the
bonds and may contain the terms and conditions the board determines.
(b) The board, after the issuance of bonds, may borrow moneys for the
purposes for which the bonds are to be issued in anticipation of the
receipt of the proceeds of the sale of the bonds and within the authorized
maximum amount of the bond issue. Any loan shall be paid within 3 years
after the date of the initial loan. Bond anticipation notes shall be issued
for all moneys borrowed under this Section, and the notes may be renewed,
but all the renewal notes shall mature within the time limited in subsection
(a) for the payment of the initial loan. The notes shall be authorized
by resolution of the board and shall be in the denominations, shall bear
interest at the rate (not exceeding the maximum rate permitted by the
resolution authorizing the issuance of the bonds), shall be in the form, and
shall be executed in the manner prescribed by the Authority. The notes
shall be sold at a public or private sale or, if the notes are renewal notes,
they may be exchanged for notes outstanding on the terms determined by
the board. The board may retire any notes from the revenues derived from
its metropolitan facilities, from other moneys of the Authority that are
lawfully available, or from a combination of revenues and other available
moneys instead of retiring them by means of bond proceeds. However, before
the retirement of the notes by any means other than the issuance of bonds,
the board shall amend or repeal the resolution authorizing the issuance of
the bonds in anticipation of the proceeds of the sale of the notes so as to
reduce the authorized amount of the bond issue by the amount of the notes
retired. The amendatory or repealing resolution shall take effect upon its passage.
(c) Any resolution authorizing the issuance of bonds may contain
provisions that shall be part of the contract with the holders of the bonds
as to any of the following:
(1) The pledging of all or any part of the revenues,     rates, fees, rentals, or other charges or receipts of the Authority derived by the Authority from any or all of its metropolitan facilities.
(2) The construction, improvement, operation,     extension, enlargement, maintenance, repair, or lease of metropolitan facilities and the duties of the Authority with reference to the facilities.
(3) Limitations on the purposes to which the proceeds     of the bonds, or of any loan or grant by the federal or State government, the county, or any city in the county, may be applied.
(4) The fixing, charging, establishing, and     collecting of rates, fees, rentals, or other charges for use of the services and facilities of the metropolitan facilities of an Authority or any part of the facilities.
(5) The setting aside of reserves, sinking funds,     repair and replacement funds, or other funds and the regulation and disposition of the funds.
(6) Limitations on the issuance of additional bonds.
(7) The terms and provisions of any deed of trust,     mortgage, or indenture securing the bonds or under which the bonds may be issued.
(8) Any other or additional agreements with the     holders of the bonds that are customary and proper and that, in the judgment of the Authority, will make the bonds more marketable.
(d) The board of the Authority may enter into any deeds of trust,
mortgages, indentures, or other agreements with any bank or trust company
or any other lender within or without
the State as security for the bonds and may assign and pledge any
or all of the revenues, rates, fees, rents, or other charges or receipts of the
Authority.  The deeds of trust, mortgages, indentures, or other agreements
may contain the provisions that are customary in the instruments or that
are authorized by the board including, but without limitation, provisions
as to the following:
(1) The construction, improvement, operation,     leasing, maintenance, and repair of the metropolitan facilities and duties of the board with reference to the facilities.
(2) The application of funds and the safeguarding and     investment of funds on hand or on deposit.
(3) The appointment of consulting engineers or     architects and approval by the holders of the bonds.
(4) The rights and remedies of the trustee and the     holders of the bonds.
(5) The terms and provisions of the bonds or the     resolution authorizing the issuance of the bonds.
(e) Bonds issued pursuant to this Section are negotiable instruments,
have all the qualities and incidents of negotiable instruments, and are
exempt from State taxation.
(Source: P.A. 87-622.)
(45 ILCS 35/85) (from Ch. 85, par. 6248-85)
Sec. 85. 
		Existing jurisdictions. 
		Existing jurisdictions,
including those involving airports, mass transit, river bridges,
waste disposal systems, and intermodal water ports within their
jurisdictional boundaries, are protected from incorporation by
the Authority and shall not be incorporated in the Authority
except by their respective governing bodies.  However, an existing
jurisdiction may negotiate with the Authority to take over its
entire powers, income, and debts.  The Authority may assume the
powers, income, and debts for any type of facility authorized
by this Act.
(Source: P.A. 87-622.)
(45 ILCS 35/90) (from Ch. 85, par. 6248-90)
Sec. 90. 
		Cooperation with other governments. 
		The Authority may apply for and receive a grant or loan of moneys or
other financial aid from the State or federal government or from any State
or federal agency, department, bureau, or board necessary or useful for
the undertaking, performance, or execution of any of its corporate
objectives or purposes.  The Authority may undertake the acquisition,
establishment, construction, development, expansion, extension, or
improvement of metropolitan facilities within its corporate limits or
within or upon any body of water within its corporate limits aided
by, in cooperation with, or as a joint enterprise with the State or federal
government or with the aid of, in cooperation with, or as a joint
project with the State and federal governments.  The Authority shall
assure, in compliance with any State or federal requirements or directives,
that the proceeds of a State or federal grant, loan, or other financial
assistance for the provision of facilities or services are used for the
express purpose of the financial assistance and to the specific benefit of
service areas or persons as designated by the local, State, or federal
funding provider.
(Source: P.A. 87-622.)
(45 ILCS 35/95) (from Ch. 85, par. 6248-95)
Sec. 95. 
		Transfer of existing facilities.
(a) Any county, city, commission, authority, or person may sell, lease,
lend, grant, or convey to the Authority a facility, any part of a
facility, or any interest in real or personal property that may be used by
the Authority in the construction, improvement, maintenance, leasing, or
operation of any metropolitan facilities.  Any county, city, commission,
authority, or person may transfer and assign over to the Authority a contract
that was awarded by the county, city, commission, authority, or person for
the construction of facilities not begun or, if begun, not completed.
(b) A proposed action of the board, and a proposed agreement to acquire,
shall be approved by the governing body
of the owner of the facilities.  If the governing body of a county, city,
commission, or authority desires to sell, lease, lend, grant, or convey to
the Authority a facility or any part of a facility, the governing body
shall adopt a resolution signifying its intention to do so and shall
publish the resolution at least one time in a newspaper of general
circulation in the county and in a newspaper or newspapers, if necessary,
of general circulation in the area served by the county, city, commission,
or authority giving notice of a hearing to be held on the question of the
sale, lease, loan, grant, or conveyance.  The resolution shall be published
at least 14 days before the date of hearing.  After the hearing and if in
the public interest, the county, city, commission, or authority shall enact
an ordinance authorizing the sale, lease, loan, grant, or conveyance.
(c) An owner transferring an existing facility to the Authority under
this Section shall notify the board of and make provision in the transfer
documents for, where necessary, existing rights, liens, securities, and
rights of reentry belong to the State or federal government.
(d) This Section, without reference to any other law, shall be deemed
complete authority for the acquisition by agreement of a facility as
provided in subsection (a), and no proceedings or other action shall be
required except as prescribed in this Act.
(Source: P.A. 87-622.)
(45 ILCS 35/100) (from Ch. 85, par. 6248-100)
Sec. 100. 
		Moneys of the Authority. 
		Moneys of an Authority shall be paid
to the treasurer of the Authority. The treasurer shall not commingle the
moneys with any other moneys, but shall deposit them in a separate account
or accounts.  Moneys in the accounts shall be paid out on the check of the
treasurer on the requisition of the chairperson of the Authority or of
another person authorized by the Authority to make the requisition.  The
Authority may deposit any of its rates, fees, rents, or other charges,
receipts, or income with any bank or trust company that is federally
insured and may deposit the proceeds of any bonds issued with any bank or
trust company that is federally insured, all as may be provided in any
agreement with holders of bonds issued under this Act.
(Source: P.A. 87-622.)
(45 ILCS 35/105) (from Ch. 85, par. 6248-105)
Sec. 105. 
		Contracts. 
		All contracts entered into by the
Authority for the construction, reconstruction, and improvement
of metropolitan facilities shall be entered into pursuant to and
shall comply with applicable State laws.  However, if the Authority
determines an emergency exists, it may enter into contracts
obligating the Authority for not more than $100,000 per emergency
without regard to the requirements of applicable State laws, and
the Authority may proceed with the necessary action as expeditiously
as possible to the extent necessary to resolve the emergency.
(Source: P.A. 87-622.)
(45 ILCS 35/110) (from Ch. 85, par. 6248-110)
Sec. 110. 
		Exemption from taxation. 
		Since the Authority is performing
essential governmental functions, the Authority is not required to pay any
taxes or assessments of any kind or nature upon any property required or
used by it for its purposes or any rates, fees, rents, receipts, or incomes
at any time received by it. The bonds issued by the Authority, their
transfer, and the income from the bonds are not taxable income for the purposes of the
individual and corporate income tax under Illinois law and shall not be
taxed by any political subdivision of this State.
For purposes of Section 250 of the Illinois Income Tax Act, the exemption
of the income from bonds issued by the Authority shall terminate after all of
the bonds have been paid.
The amount of such income that shall be added and then subtracted on the
Illinois income tax return of a taxpayer, pursuant to Section 203 of the
Illinois Income Tax Act, from federal adjusted gross income or federal taxable
income in computing Illinois base income shall be the interest net of any bond
premium amortization.
(Source: P.A. 89-460, eff. 5-24-96.)
(45 ILCS 35/115) (from Ch. 85, par. 6248-115)
Sec. 115. 
		Dissolution; referendum.
(a) The Authority shall be dissolved only by a majority vote in a
referendum undertaken in a manner similar to the referendum provided for in
Section 20.  The board shall call, upon its own motion, by petition of the
eligible electors as provided in Section 15, or by
action of the governing body of either metropolitan area, for an election
to approve or disapprove the dissolution of the Authority.
(b) The proposition is approved if the vote in favor of the proposition
is a simple majority of the total votes cast on the proposition in either
one of the metropolitan areas.
(c) The Authority shall provide by ordinance for the disposal of any
remaining property, the proceeds of which shall first be applied against
any outstanding obligation of the Authority.
The remaining balance shall be divided between the counties included in the
Authority and credited to the general fund of the respective counties.
(Source: P.A. 87-622.)
(45 ILCS 35/120) (from Ch. 85, par. 6248-120)
Sec. 120. 
		Supremacy of compact. 
		The provisions of this Act are subject
to the provisions of the compact entered into under the Quad Cities
Interstate Metropolitan Authority Compact Act.
(Source: P.A. 87-622.)
(45 ILCS 35/195) (from Ch. 85, par. 6248-195)
Sec. 195. 
		This Act takes effect upon becoming law.
(Source: P.A. 87-622.)