2023 Illinois Compiled Statutes › Chapter 70 - SPECIAL DISTRICTS › 70 ILCS 519/ - Southern Illinois Economic Development Authority Act. › Article 5 - Southern Illinois Economic Development Authority Act

(70 ILCS 519/Art. 5 heading)
ARTICLE 5.
SOUTHERN ILLINOIS
ECONOMIC DEVELOPMENT AUTHORITY
ACT
(Source:  P.A. 94-1021, eff. 7-12-06.)
(70 ILCS 519/5-5)
Sec. 5-5. Short title. This Article may be cited as the Southern Illinois
Economic Development Authority
Act, and references in this Article to "this Act" mean this Article.
(Source: P.A. 94-1021, eff. 7-12-06.)
(70 ILCS 519/5-10)
Sec. 5-10. Findings. The General Assembly determines and declares the
following:
(1) that labor surplus areas currently exist in     southern Illinois;
(2) that the economic burdens resulting from     involuntary unemployment fall, in part, upon the State in the form of increased need for public assistance and reduced tax revenues and, in the event that the unemployed worker and his or her family migrate elsewhere to find work, the burden may also fall upon the municipalities and other taxing districts within the areas of unemployment in the form of reduced tax revenues, thereby endangering their financial ability to support necessary governmental services for their remaining inhabitants;
(3) that the State has a responsibility to help     create a favorable climate for new and improved job opportunities for its citizens by encouraging the development of commercial and service businesses and industrial and manufacturing plants within the southern region of Illinois;
(4) that a lack of decent housing contributes to     urban blight, crime, anti-social behavior, disease, a higher need for public assistance, reduced tax revenues, and the migration of workers and their families away from areas which fail to offer adequate, decent, and affordable housing;
(5) that decent, affordable housing is a necessary     ingredient of life affording each citizen basic human dignity, a sense of self-worth, confidence, and a firm foundation upon which to build a family and educate children;
(6) that in order to foster civic and neighborhood     pride, citizens require access to educational institutions, recreation, parks and open spaces, entertainment, sports, a reliable transportation network, cultural facilities, and theaters; and
(7) that the main purpose of this Act is to promote     industrial, commercial, residential, service, transportation, and recreational activities and facilities, thereby reducing the evils attendant upon unemployment and enhancing the public health, safety, morals, happiness, and general welfare of the State.
(Source: P.A. 94-1021, eff. 7-12-06.)
(70 ILCS 519/5-15)
Sec. 5-15. Definitions. In this Act:
"Authority" means the Southern Illinois Economic Development Authority.
"Authority leader" means the Executive Director, Assistant Executive Director, or any other person serving in a management, administrative, or leadership role at the Authority.
"Governmental agency" means any federal, State, or local governmental body
and any agency or
instrumentality thereof, corporate or otherwise.
"Person" means any natural person, firm, partnership, corporation, both
domestic and foreign,
company, association or joint stock association and includes any trustee,
receiver, assignee or personal
representative thereof.
"Restricted person" means a person who has a familial or business relationship with an Authority leader.
"Revenue bond" means any bond issued by the Authority, the principal and
interest of which is payable
solely from revenues or income derived from any project or activity of the
Authority.
"Board" means the Board of Directors of the Southern Illinois Economic
Development Authority.
"Governor" means the Governor of the State of Illinois.
"City" means any city, village, incorporated town, or township within the
geographical territory of the
Authority.
"Industrial project" means the following:
(1) a capital project, including one or more     buildings and other structures, improvements, machinery and equipment whether or not on the same site or sites now existing or hereafter acquired, suitable for use by any manufacturing, industrial, research, transportation or commercial enterprise including but not limited to use as a factory, mill, processing plant, assembly plant, packaging plant, fabricating plant, ethanol plant, office building, industrial distribution center, warehouse, repair, overhaul or service facility, freight terminal, research facility, test facility, railroad facility, port facility, solid waste and wastewater treatment and disposal sites and other pollution control facilities, resource or waste reduction, recovery, treatment and disposal facilities, and including also the sites thereof and other rights in land therefore whether improved or unimproved, site preparation and landscaping and all appurtenances and facilities incidental thereto such as utilities, access roads, railroad sidings, truck docking and similar facilities, parking facilities, dockage, wharfage, railroad roadbed, track, trestle, depot, terminal, switching and signaling equipment or related equipment and other improvements necessary or convenient thereto; or
(2) any land, buildings, machinery or equipment     comprising an addition to or renovation, rehabilitation or improvement of any existing capital project.
"Housing project" or "residential project" includes a specific work or improvement undertaken to provide dwelling accommodations, including the acquisition, construction or rehabilitation of lands, buildings and community facilities and in connection therewith to provide nonhousing facilities which are an integral part of a planned large-scale project or new community.
"Commercial project" means any project, including, but not limited to, one or
more buildings and other
structures, improvements, machinery, and equipment, whether or not on the same
site or sites now existing
or hereafter acquired, suitable for use by any retail or wholesale concern,
distributorship, or agency.
"Project" means an industrial, housing, residential, commercial, or service
project, or any combination
thereof, provided that all uses fall within one of the categories described
above. Any project automatically
includes all site improvements and new construction involving sidewalks,
sewers, solid waste and
wastewater treatment and disposal sites and other pollution control facilities,
resource or waste reduction,
recovery, treatment and disposal facilities, parks, open spaces, wildlife
sanctuaries, streets, highways, and
runways.
"Lease agreement" means an agreement in which a project acquired by the
Authority by purchase, gift,
or lease is leased to any person or corporation that will use, or cause the
project to be used, as a project,
upon terms providing for lease rental payments at least sufficient to pay, when due, all principal of and
interest and premium, if any, on any bonds, notes, or other evidences of indebtedness of the Authority,
issued with respect to the project, providing for the maintenance, insurance, and operation of the project on
terms satisfactory to the Authority and providing for disposition of the project upon termination of the lease
term, including purchase options or abandonment of the premises, with other terms as may be deemed
desirable by the Authority.
"Loan agreement" means any agreement in which the Authority agrees to loan
the proceeds of its bonds,
notes, or other evidences of indebtedness, issued with respect to a project, to
any person or corporation
which will use or cause the project to be used as a project, upon terms
providing for loan repayment
installments at least sufficient to pay, when due, all principal of and
interest and premium, if any, on any
bonds, notes, or other evidences of indebtedness of the Authority issued with
respect to the project,
providing for maintenance, insurance, and operation of the project on terms
satisfactory to the Authority
and providing for other terms deemed advisable by the Authority.
"Financial aid" means the expenditure of Authority funds or funds provided by
the Authority for the
development, construction, acquisition or improvement of a project, through the
issuance of revenue bonds,
notes, or other evidences of indebtedness.
"Costs incurred in connection with
the development, construction, acquisition or improvement of a
project" means the following:
(1) the cost of purchase and construction of all     lands and improvements in connection therewith and equipment and other property, rights, easements, and franchises acquired which are deemed necessary for the construction;
(2) financing charges;
(3) interest costs with respect to bonds, notes, and     other evidences of indebtedness of the Authority prior to and during construction and for a period of 6 months thereafter;
(4) engineering and legal expenses; and
(5) the costs of plans, specifications, surveys, and     estimates of costs and other expenses necessary or incident to determining the feasibility or practicability of any project, together with such other expenses as may be necessary or incident to the financing, insuring, acquisition, and construction of a specific project and the placing of the same in operation.
(Source: P.A. 103-517, eff. 8-11-23.)
(70 ILCS 519/5-20)
Sec. 5-20. Creation.
(a) There is created a political subdivision, body politic, and municipal
corporation named the Southern
Illinois Economic Development Authority. The territorial jurisdiction of the
Authority is that geographic
area within the boundaries of the following counties: Franklin, Perry, Randolph, Jackson, Williamson, Saline, Gallatin, Union, Johnson, Pope, Hardin, Alexander, Pulaski, and Massac and any
navigable waters and
air space located therein.
(b) The governing and administrative powers of the Authority shall be vested
in a body consisting of 21
members as follows:
(1) Ex officio member. The Director of Commerce and     Economic Opportunity, or a designee of that Department, shall serve as an ex officio member.
(2) Public members. Six members shall be appointed by     the Governor with the advice and consent of the Senate. The county board chairmen of the following counties shall each appoint one member: Franklin, Perry, Randolph, Jackson, Williamson, Saline, Gallatin, Union, Johnson, Pope, Hardin, Alexander, Pulaski, and Massac. All public members shall reside within the territorial jurisdiction of the Authority. The public members shall be persons of recognized ability and experience in one or more of the following areas: economic development, finance, banking, industrial development, state or local government, commercial agriculture, small business management, real estate development, community development, venture finance, organized labor, or civic or community organization.
(c) 11 members shall constitute a quorum, and the Board may not meet or take any action without a quorum present.
(d) The chairman of the Authority shall be elected annually by the Board and must be a public  member that resides within the territorial jurisdiction of the Authority.
(e) The terms of all initial members of the Authority shall begin 30 days
after the effective date of this
Act.
Of the 6 original public members appointed by the Governor, 2
shall serve until the third Monday in January, 2007; 1 shall serve until the
third Monday in January, 2008; 1 shall serve until the third Monday in January,
2009; 1 shall serve until the third Monday in January, 2010; and 1 shall serve
until the third Monday in January, 2011. The initial terms of the original public members appointed by the county board chairmen shall be determined by lot, according to the following schedule: (i) 3 shall serve until the third Monday in January, 2007, (ii) 3 shall serve until the third Monday in January, 2008, (iii) 3 shall serve until the third Monday in January, 2009, (iv) 3 shall serve until the third Monday in January, 2010, and (v) 2 shall serve until the third Monday in January, 2011. All successors to these original
public
members shall be appointed by the original appointing authority and all appointments made by the Governor shall be made with the advice and consent of the Senate, pursuant to subsection (b), and shall hold office for a term of 6 years
commencing the third Monday in January of the year in which their term
commences, except in the case of an appointment to fill a vacancy.
 Vacancies occurring among the public members shall be filled for the
remainder of the term. In case of
vacancy in a Governor-appointed membership when the Senate is not in session,
the Governor may make a
temporary appointment until the next meeting of the Senate when a person shall
be nominated to fill the
office and, upon confirmation by the Senate, he or she shall hold office during
the remainder of the term
and until a successor is appointed and qualified. Members of the Authority are
not entitled to
compensation for their services as members but are entitled to reimbursement
for all necessary expenses
incurred in connection with the performance of their duties as members.
(f) The Governor may remove any public member of the Authority in case of
incompetence, neglect of
duty, or malfeasance in office. The chairman of a county board may remove any
public member appointed
by that chairman in the case of incompetence, neglect of duty, or malfeasance
in office.
(g) The Board shall appoint an Executive Director who shall have a
background in finance, including
familiarity with the legal and procedural requirements of issuing bonds, real
estate, or economic
development and administration. The Executive Director shall hold office at the
discretion of the Board.
The Executive Director shall be the chief administrative and operational
officer of the Authority, shall
direct and supervise its administrative affairs and general management, perform
such other duties as may
be prescribed from time to time by the members, and receive compensation fixed
by the Authority. The Department of Commerce and Community Affairs shall pay
the compensation of the Executive Director from appropriations received for
that purpose. The
Executive Director shall attend all meetings of the Authority. However, no
action of the Authority shall be
invalid on account of the absence of the Executive Director from a meeting. The
Authority may engage
the services of
the Illinois Finance Authority, attorneys, appraisers, engineers, accountants,
credit analysts, and other consultants if the Southern Illinois Economic
Development Authority deems it advisable.
(Source: P.A. 103-517, eff. 8-11-23.)
(70 ILCS 519/5-25)
Sec. 5-25. Duty. All official acts of the Authority shall require the
approval of at least 11 members. It
shall be the duty of the Authority to promote development within the geographic
confines of
Franklin, Perry, Randolph, Jackson, Williamson, Saline, Gallatin, Union, Johnson, Pope, Hardin, Alexander, Pulaski, and Massac
counties. The Authority shall use the powers conferred upon it to assist in the
development, construction,
and acquisition of industrial, commercial, housing, or residential projects
within those counties.
(Source: P.A. 94-1021, eff. 7-12-06.)
(70 ILCS 519/5-26)
Sec. 5-26. Requests for assistance; disclosure of economic interests.
(a) The Authority may not hear a request for assistance from a restricted person. This prohibition extends to business relationships between a person who is an Authority leader within one year prior to the request for assistance and to any entity in which a restricted person holds or, within the past 2 years, held an ownership interest of 10% or more.
(b) An Authority leader shall disclose and recuse himself or herself from matters relating to requests for assistance from an entity that is relocating full-time employees from another Authority's counties if (i) both Authorities contract with or employ the same Authority leader or (ii) there is or, within the past 2 years of the request, there was a business relationship between the Authority leaders at the 2 Authorities.
(c) The Board of the Authority shall vote to renew the appointment of the Executive Director and other Authority leaders on an annual basis. All contracts shall be approved on an annual basis and use a public process to solicit applications. This requirement does not apply to full-time employees of the Authority unless otherwise required by applicable State law or local ordinance.
(d) Each Authority leader shall submit a statement of economic interest in accordance with Article 4A of the Illinois Governmental Ethics Act. Additionally, each Authority leader shall disclose to the Board  outside sources of income and any business relationships in economic development consulting or lobbying. Reporting shall include the source of income, services provided, and timeline of when services were provided. If the source of income is a firm or organization with multiple clients, the report shall list all of the entities for which the individual provided services.
(Source: P.A. 103-517, eff. 8-11-23.)
(70 ILCS 519/5-27)
Sec. 5-27. Open meetings; record disclosure.
(a) The Authority is subject to the Open Meetings Act and the Freedom of Information Act. Documents subject to the Freedom of Information Act include, but are not limited to, expenses,
payroll, origination bonuses, and other financial details of the Authority.
(b) A contract or agreement entered into by the Authority must be posted on the Authority's website. The Authority shall provide a detailed report of the Authority's financial information on the Authority's website, including, but not limited to, a statement of profits and losses, balance sheet, and income statement of the Authority.
(Source: P.A. 103-517, eff. 8-11-23.)
(70 ILCS 519/5-30)
Sec. 5-30. Powers.
(a) The Authority possesses all the powers of a body corporate necessary and
convenient to accomplish
the purposes of this Act, including, without any intended limitation upon the
general powers hereby
conferred, the following powers:
(1) to enter into loans, contracts, agreements, and     mortgages in any matter connected with any of its corporate purposes and to invest its funds;
(2) to sue and be sued;
(3) to utilize services of the Illinois Finance     Authority necessary to carry out its purposes;
(4) to have and use a common seal and to alter the     seal at its discretion;
(5) to adopt all needful ordinances, resolutions,     bylaws, rules, and regulations for the conduct of its business and affairs and for the management and use of the projects developed, constructed, acquired, and improved in furtherance of its purposes;
(6) to designate the fiscal year for the Authority;
(7) to accept and expend appropriations;
(8) to acquire, own, lease, sell, or otherwise     dispose of interests in and to real property and improvements situated on that real property and in personal property necessary to fulfill the purposes of the Authority;
(9) to engage in any activity or operation which is     incidental to and in furtherance of efficient operation to accomplish the Authority's primary purpose;
(10) to acquire, own, construct, lease, operate, and     maintain bridges, terminals, terminal facilities, and port facilities and to fix and collect just, reasonable, and nondiscriminatory charges for the use of such facilities. These charges shall be used to defray the reasonable expenses of the Authority and to pay the principal and interest of any revenue bonds issued by the Authority;
(11) subject to any applicable condition imposed by     this Act, to locate, establish and maintain a public airport, public airports and public airport facilities within its corporate limits or within or upon any body of water adjacent thereto and to construct, develop, expand, extend and improve any such airport or airport facility; and
(12) to have and exercise all powers and be subject     to all duties usually incident to boards of directors of corporations.
(b) The Authority shall not issue any bonds relating to the financing of a
project located within the
planning and subdivision control jurisdiction of any municipality or county
unless: (i) notice, including a
description of the proposed project and the financing for that project, is
submitted to the corporate
authorities of the municipality or, in the case of a proposed project in an
unincorporated area, to the county
board and (ii) the corporate authorities of the municipality do not, or the
county board does not, adopt a
resolution disapproving the project within 45 days after receipt of the notice.
(c) If any of the powers set forth in this Act are exercised within the
jurisdictional limits of any
municipality, all ordinances of the municipality remain in full force and
effect and are controlling.
(Source: P.A. 94-1021, eff. 7-12-06.)
(70 ILCS 519/5-35)
Sec. 5-35. Tax avoidance. Notwithstanding any other provision of law, the
Authority shall not enter into
any agreement providing for the purchase and lease of tangible personal
property which results in the
avoidance of taxation under the Retailers' Occupation Tax Act, the Use Tax Act,
the Service Use Tax Act,
or the Service Occupation Tax Act, without the prior written consent of the
Governor.
(Source: P.A. 94-1021, eff. 7-12-06.)
(70 ILCS 519/5-40)
Sec. 5-40. Bonds.
(a) The Authority, with the written approval of the Governor, shall have the
continuing power to issue
bonds, notes, or other evidences of indebtedness in an aggregate amount outstanding not to
exceed $250,000,000 for the
following purposes: (i) development, construction, acquisition, or improvement
of projects, including those
established by business entities locating or expanding property within the
territorial jurisdiction of the
Authority; (ii) entering into venture capital agreements with businesses
locating or expanding within the
territorial jurisdiction of the Authority; and (iii) acquisition and improvement of
any property necessary and
useful in connection therewith. For
the purpose of evidencing the obligations of the Authority to repay any money
borrowed, the Authority
may, pursuant to resolution, from time to time, issue and dispose of its interest-bearing revenue bonds,
notes, or other evidences of indebtedness and may also from time to time issue and dispose of such bonds,
notes, or other evidences of indebtedness to refund, at maturity, at a redemption date or in advance of
either, any bonds, notes, or other evidences of indebtedness pursuant to redemption provisions or at any
time before maturity. All such bonds, notes, or other evidences of indebtedness shall be payable solely and
only from the revenues or income to be derived from loans made with respect to projects, from the leasing
or sale of the projects, or from any other funds available to the Authority for such purposes. The bonds,
notes, or other evidences of indebtedness may bear such date or dates, may mature at such time or times not
exceeding 40 years from their respective dates, may bear interest at such rate or rates not exceeding the
maximum rate permitted by the Bond Authorization Act, may be in such form, may carry such registration
privileges, may be executed in such manner, may be payable at such place or places, may be made subject
to redemption in such manner and upon such terms, with or without premium, as is stated on the face
thereof, may be authenticated in such manner and may contain such terms and
covenants as may be
provided by an applicable resolution.
(b) The holder or holders of any bonds, notes, or other evidences of
indebtedness issued by the
Authority may bring suits at law or proceedings in equity to compel the
performance and observance by
any corporation or person or by the Authority or any of its agents or employees
of any contract or covenant
made with the holders of the bonds, notes, or other evidences of indebtedness,
to compel such corporation,
person, the Authority, and any of its agents or employees to perform any duties
required to be performed
for the benefit of the holders of the bonds, notes, or other evidences of
indebtedness by the provision of the
resolution authorizing their issuance and to enjoin the corporation, person,
the Authority, and any of its
agents or employees from taking any action in conflict with any contract or
covenant.
(c) If the Authority fails to pay the principal of or interest on any of the
bonds or premium, if any, as the
bond becomes due, a civil action to compel payment may be instituted in the
appropriate circuit court by
the holder or holders of the bonds on which the default of payment exists or by
an indenture trustee acting
on behalf of the holders. Delivery of a summons and a copy of the complaint to
the chairman of the Board
shall constitute sufficient service to give the circuit court jurisdiction over
the subject matter of the suit and
jurisdiction over the Authority and its officers named as defendants for the
purpose of compelling such
payment. Any case, controversy, or cause of action concerning the validity of
this Act relates to the
revenue of the State of Illinois.
(d) Notwithstanding the form and tenor of any bond, note, or other evidence
of indebtedness and in
the absence of any express recital on its face that it is non-negotiable, all
such bonds, notes, and other
evidences of indebtedness shall be negotiable instruments. Pending the
preparation and execution of any
bonds, notes, or other evidences of indebtedness, temporary bonds, notes, or
evidences of indebtedness may
be issued as provided by ordinance.
(e) To secure the payment of any or all of such bonds, notes, or other
evidences of indebtedness, the
revenues to be received by the Authority from a lease agreement or loan
agreement shall be pledged, and,
for the purpose of setting forth the covenants and undertakings of the
Authority in connection with the
issuance of the bonds, notes, or other evidences of indebtedness and the
issuance of any additional bonds,
notes or other evidences of indebtedness payable from such revenues, income, or other funds to be derived
from projects, the Authority may execute and deliver a mortgage or trust agreement. A remedy for any
breach or default of the terms of any mortgage or trust agreement by the Authority may be by mandamus
proceeding in the appropriate circuit court to compel performance and compliance under the terms of the
mortgage or trust agreement, but the trust agreement may prescribe by whom or on whose behalf the action
may be instituted.
(f) Bonds or notes shall be secured as provided in the authorizing ordinance which may include,
notwithstanding any other provision of this Act, in addition to any other security, a specific pledge,
assignment of and lien on, or security interest in any or all revenues or money of the Authority, from
whatever source, which may, by law, be used for debt service purposes and a
specific pledge, or assignment
of and lien on, or security interest in any funds or accounts established or
provided for by ordinance of the
Authority authorizing the issuance of the bonds or notes.
(g) The State of Illinois pledges to and agrees with the holders of the
bonds and notes of the Authority
issued pursuant to this Section that the State will not limit or alter the rights and powers vested in the
Authority by this Act so as to impair the terms of any contract made by the Authority with the holders of
bonds or notes or in any way impair the rights and remedies of those holders until the bonds and notes,
together with interest thereon, with interest on any unpaid installments of interest, and all costs and
expenses in connection with any action or proceedings by or on behalf of the holders, are fully met and
discharged. In addition, the State pledges to and agrees with the holders of the bonds and notes of the
Authority issued pursuant to this Section that the State will not limit or alter the basis on which State funds
are to be paid to the Authority as provided in this Act, or the use of such funds, so as to impair the terms of
any such contract. The Authority is authorized to include these pledges and agreements of the State in any
contract with the holders of bonds or notes issued pursuant to this Section.
(h) (Blank).
(Source: P.A. 98-750, eff. 1-1-15.)
(70 ILCS 519/5-45)
Sec. 5-45. Bonds and notes; exemption from taxation. The creation of the
Authority is in all respects for
the benefit of the people of Illinois and for the improvement of their health,
safety, welfare, comfort, and
security, and its purposes are public purposes. In consideration thereof, the
notes and bonds of the
Authority issued pursuant to this Act and the income from these notes and bonds
may be free from all
taxation by the State or its political subdivisions, exempt for estate,
transfer, and inheritance taxes. The
exemption from taxation provided by the preceding sentence shall apply to the
income on any notes or
bonds of the Authority only if the Authority in its sole judgment determines
that the exemption enhances
the marketability of the bonds or notes or reduces the interest rates that
would otherwise be borne by the
bonds or notes. For purposes of Section 250 of the Illinois Income Tax Act, the
exemption of 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, subject 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. 94-1021, eff. 7-12-06.)
(70 ILCS 519/5-50)
Sec. 5-50. Acquisition.
(a) The Authority may, but need not, acquire title to any project with
respect to which it exercises its
authority.
(b) The Authority shall have power to acquire by purchase, lease, gift, or
otherwise any property or
rights therein from any person or persons, the State of Illinois, any municipal
corporation, any local unit of
government, the government of the United States and any agency or
instrumentality of the United States,
any body politic, or any county useful for its purposes, whether improved for
the purposes of any
prospective project or unimproved. The Authority may also accept any donation
of funds for its purposes
from any of these sources.
(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 this purpose the proceeds derived from its sale of revenue
bonds, notes, or other
evidences of indebtedness or governmental loans or grants and shall have the
power to hold title to those
projects in the name of the Authority.
(d) The Authority shall have the power to enter into intergovernmental
agreements with the State of
Illinois, the counties of Franklin, Perry, Randolph, Jackson, Williamson, Saline, Gallatin, Union, Johnson, Pope, Hardin, Alexander, Pulaski, or Massac, the Illinois
Finance Authority, the Illinois Housing
Development Authority, the United States government and any agency or instrumentality of the United
States, any unit
of local government located within the territory of the Authority, or any other
unit of government to the
extent allowed by Article VII, Section 10 of the Illinois Constitution and the
Intergovernmental
Cooperation Act.
(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. 94-1021, eff. 7-12-06.)
(70 ILCS 519/5-60)
Sec. 5-60. Designation of depository. The Authority shall biennially
designate a national or State bank or
banks as depositories of its money. Such depositories shall be designated only
within the State and upon
condition that bonds approved as to form and surety by the Authority and at
least equal in amount to the
maximum sum expected to be on deposit at any one time shall be first given by
such depositories to the
Authority, such bonds to be conditioned for the safe keeping and prompt
repayment of such deposits.
When any of the funds of the Authority shall be deposited by the treasurer in
any such depository, the
treasurer and the sureties on his official bond shall, to such extent, be
exempt from liability for the loss of
any such deposited funds by reason of the failure, bankruptcy, or any other act
or default of such depository;
provided that the Authority may accept assignments of collateral by any
depository of its funds to secure
such deposits to the same extent and conditioned in the same manner as
assignments of collateral are
permitted by law to secure deposits of the funds of any city.
(Source: P.A. 94-1021, eff. 7-12-06.)
(70 ILCS 519/5-65)
Sec. 5-65. Taxation prohibited. The Authority shall have no right or
authority to levy any tax or special
assessment, to pledge the credit of the State or any other subdivision or
municipal corporation thereof, or to
incur any obligation enforceable upon any property, either within or without
the territory of the Authority.
(Source: P.A. 94-1021, eff. 7-12-06.)
(70 ILCS 519/5-70)
Sec. 5-70. Fees. The Authority may collect fees and charges in connection
with its loans, commitments,
and servicing and may provide technical assistance in the development of the
region.
(Source: P.A. 94-1021, eff. 7-12-06.)
(70 ILCS 519/5-75)
Sec. 5-75. Reports; commitment notice. The Authority shall annually submit a report of its
finances to the Auditor General.
The Authority shall annually submit a report of its activities to the Governor
and to the General Assembly.
The Authority shall provide notice to the General Assembly, the Department of Commerce and Economic Opportunity, and the Governor once the Authority enters into a commitment to support the financing of a project. The notice to the General Assembly shall be filed with the Clerk of the House of Representatives and the Secretary of the Senate, in electronic form only, in the manner that the Clerk and the Secretary shall direct.
(Source: P.A. 103-517, eff. 8-11-23.)