There is a newer version of the Illinois Compiled Statutes
2005 Illinois Code - Chapter 70 Special Districts 70 ILCS 515/ Quad Cities Regional Economic Development Authority Act, certified December 30, 1987.
(70 ILCS 515/1) (from Ch. 85, par. 6501)
Sec. 1.
This Act shall be known and may be cited as the "Quad Cities
Regional Economic Development Authority Act".
(Source: P.A. 85‑988.)
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(70 ILCS 515/2) (from Ch. 85, par. 6502)
Sec. 2.
The General Assembly hereby determines and declares:
(a) That due to changes in national and international manufacturing and
product markets, unstable international currency markets, and increased
competition from certain foreign competitors, several industries employing
large numbers of Illinoisans in the northwestern part of the State have
been adversely impacted;
(b) That labor surplus areas currently exist in the northwestern part of the State;
(c) That the State has an interest in helping to 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 northwestern part of the State;
(d) That in order to foster civic and neighborhood pride, citizens
require gainful and steady employment, decent and affordable housing,
access to educational institutions, recreation, parks and open
spaces, entertainment and sports, a reliable transportation network,
cultural facilities and theaters;
(e) That the main purpose of this Act is to promote industrial,
commercial, residential, service, transportation and recreational activities
and facilities, thereby enhancing the employment opportunities,
public health and general welfare of this State.
(Source: P.A. 85‑988.)
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(70 ILCS 515/3) (from Ch. 85, par. 6503)
Sec. 3.
The following terms, whenever used or referred to in this
Act, shall have the following meanings, except in such instances where the
context may clearly indicate otherwise:
(a) "Authority" means the Quad Cities Regional Economic Development Authority
created by this Act.
(b) "Governmental agency" means any federal, State or local governmental
body, and any agency or instrumentality thereof, corporate or otherwise.
(c) "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.
(d) "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.
(e) "Board" means the Quad Cities Regional Economic Development
Authority Board of Directors.
(f) "Governor" means the Governor of the State of Illinois.
(g) "City" means any city, village, incorporated town or township
within the geographical territory of the Authority.
(h) "Industrial project" means (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, office building, industrial distribution center,
warehouse, repair, overhaul or service facility, freight terminal, research
facility, test facility, railroad 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 therefor
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.
(i) "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.
(j) "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, any cultural facilities of a for‑profit or
not‑for‑profit type including but not limited to educational, theatrical, recreational and
entertainment, sports facilities, racetracks, stadiums, convention centers,
exhibition halls, arenas, opera houses and theaters, waterfront
improvements, swimming pools, boat storage, moorage, docking facilities,
restaurants, velodromes, coliseums, sports training facilities,
parking facilities, terminals, hotels and motels, gymnasiums, medical
facilities and port facilities.
(k) "Project" means an industrial, housing, residential, commercial or
service project or any combination thereof provided that all uses shall
fall within one of the categories described above. Any project, of any
nature whatsoever, shall automatically include 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.
(l) "Lease agreement" shall mean an agreement whereby a project acquired
by the Authority by purchase, gift or lease is leased to any person or
corporation which will use or cause the project to be used as a project as
heretofore defined 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 such 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 such other terms as may be deemed desirable by the Authority.
(m) "Loan agreement" means any agreement pursuant to 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 as heretofore
defined 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 matters as may be deemed advisable by the Authority.
(n) "Financial aid" means the expenditure of Authority funds or funds
provided by the Authority through the issuance of its revenue bonds, notes
or other evidences of indebtedness for the development, construction,
acquisition or improvement of a project.
(o) "Costs incurred in connection with the development, construction,
acquisition or improvement of a project" means the following: 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 such construction; financing
charges; 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; engineering and legal expenses; 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.
(p) "Terminal" means a public place, station or depot for receiving and
delivering passengers, baggage, mail, freight or express matter and any
combination thereof in connection with the transportation of
persons and property on water or land or in the air.
(q) "Terminal facilities" means all land, buildings, structures,
improvements, equipment and appliances useful in the operation of public
warehouse, storage and transportation facilities and industrial,
manufacturing or commercial activities for the accommodation of or in
connection with commerce by water or land or in the air or useful as an
aid, or constituting an advantage or convenience to, the safe landing,
taking off and navigation of aircraft or the safe and efficient operation
or maintenance of a public airport.
(r) "Port facilities" means all public structures, except terminal
facilities as defined herein, that are in, over, under or adjacent to
navigable waters and are necessary for or incident to the furtherance of
water commerce and includes the widening and deepening of slips, harbors
and navigable waters.
(s) "Airport" means any locality, either land or water, which is used or
designed for the landing and taking off of aircraft or for the location of
runways, landing fields, aerodromes, hangars, buildings, structures,
airport roadways and other facilities.
(Source: P.A. 85‑988.)
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(70 ILCS 515/5) (from Ch. 85, par. 6505)
Sec. 5.
Conflicts of Interest. Members or employees of authority ‑
conflicting relations or interests ‑ effects. (a) No member of the
Authority or officer, agent or employee thereof other than the
representatives of a professional sports team shall, in his or her own name
or in the name of a nominee, be an officer, director or hold an ownership
interest of more than 7‑1/2% in any person, association, trust, corporation,
partnership or other entity which is, in its own name or in the name of a
nominee, a party to a contract or agreement upon which the member or
officer, agent or employee may be called upon to act or vote.
(b) With respect to any direct or any indirect interest, other than an
interest prohibited in subsection (a), in a contract or agreement upon
which the member or officer, agent or employee may be called upon to act or
vote, a member of the Authority or officer, agent or employee thereof shall
disclose the same to the secretary of the Authority prior to the taking of
final action by the Authority concerning such contract or agreement and
shall so disclose the nature and extent of such interest and his or her
acquisition thereof, which disclosures shall be publicly acknowledged by
the Authority and entered upon the minutes of the Authority. If a member
of the Authority or officer, agent or employee thereof holds such an
interest then he or she shall refrain from any further official
involvement in regard to such contract or agreement, from voting on any
matter pertaining to such contract or agreement, and from communicating
with other members of the Authority or its officers, agents and employees
concerning said contract or agreement. Notwithstanding any other provision
of law, any contract or agreement entered into in conformity with this
subsection (b) shall not be void or invalid by reason of the interest
described in this subsection, nor shall any person so disclosing the
interest and refraining from further official involvement as provided in
this subsection be guilty of an offense, be removed from office or be
subject to any other penalty on account of such interest.
(c) Any contract or agreement made in violation of subsection (a) or (b)
of this Section shall be null and void and give rise to no action against
the Authority. No real estate to which a member or employee of the
Authority holds legal title or in which such person has any beneficial
interest, including any interest in a land trust, shall be purchased by the
Authority or by a nonprofit corporation or limited‑profit entity for a
development to be financed under this Act. All members and employees of
the Authority shall file annually with the Authority a record of all real
estate in this State of which such person holds legal title or in which
such person has any beneficial interest, including any interest in a land
trust. In the event it is later disclosed that the Authority has purchased
real estate in which a member or employee had an interest, such purchase
shall be voidable by the Authority and the member or employee involved
shall be disqualified from membership in or employment by the Authority.
(Source: P.A. 85‑988 .)
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(70 ILCS 515/6) (from Ch. 85, par. 6506)
Sec. 6. Records and Reports of the Authority. The secretary shall
keep a record of the proceedings of the Authority. The treasurer of the
Authority shall be custodian of all Authority funds, and shall be bonded in
such amount as the other members of the Authority may designate. The
accounts and bonds of the Authority shall be set up and maintained in a
manner approved by the Auditor General, and the Authority shall file with
the Auditor General a certified annual report within 120 days after the
close of its fiscal year. The Authority shall also file with the Governor,
the Secretary of the Senate, the Clerk of the House of Representatives, and
the Legislative Research Unit, by March 1 of each year, a
written report covering its activities and any activities of any
instrumentality corporation established pursuant to this Act for the
previous fiscal year. In its report to be filed by March 1, 1988, the
Authority shall present an economic development strategy for the Quad
Cities region for the year beginning July 1, 1988 and for the 4 years next
ensuing. In each annual report thereafter, the Authority shall make
modifications in such economic development strategy for the 4 years
beginning on the next ensuing July 1, to reflect changes in economic
conditions or other factors, including the policies of the Authority and
the State of Illinois. It also shall present an economic development
strategy for the fifth year beginning after the next ensuing July 1. The
strategy shall recommend specific legislative and administrative action by
the State, the Authority, units of local government or other governmental
agencies. Such recommendations may include, but are not limited to, new
programs, modifications to existing programs, credit enhancements for bonds
issued by the Authority, and amendments to this Act. When filed, such
report shall be a public record and
open for inspection at the offices of the Authority during normal business hours.
(Source: P.A. 93‑632, eff. 2‑1‑04.)
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(70 ILCS 515/7) (from Ch. 85, par. 6507)
Sec. 7.
All official acts of the Authority shall require the
approval of at least 4 members.
(Source: P.A. 85‑988.)
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(70 ILCS 515/8) (from Ch. 85, par. 6508)
Sec. 8.
(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:
(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 employ agents and employees necessary to carry out its purposes;
(4) to have and use a common seal and to alter the same at its discretion;
(5) to adopt all needful ordinances, resolutions, by‑laws, 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 maintain an office or offices at such place as the Authority may designate;
(9) to employ, either as regular employees or as independent
contractors, such consultants, engineers, architects, accountants,
attorneys, financial experts, construction experts and personnel,
superintendents, managers and other professional personnel, personnel, and
actors as may be necessary in the judgment of the Authority, and fix their compensation;
(10) to acquire, hold, lease, use, encumber, transfer or dispose of real
and personal property;
(11) to enter into contracts of any kind and execute all instruments
necessary or convenient with respect to its carrying out the powers in this
Act to accomplish the purposes of the Authority;
(12) to fix and revise from time to time and charge and collect rates, rents,
fees or other charges for the use of facilities or for services rendered in
connection with the facilities;
(13) to borrow money from any source for any corporate purpose,
including working capital for its operations, reserve funds, or interest,
and to mortgage, pledge or otherwise encumber the property or funds of the
Authority and to contract with or engage the services of any person in
connection with any financing, including financial institutions, issuers of
letters of credit, or insurers;
(14) to issue bonds or notes under this Act;
(15) to receive and accept from any source, private or public,
contributions, gifts or grants of money or property;
(16) to make loans from proceeds or funds otherwise available to the
extent necessary or appropriate to accomplish the purposes of the Authority;
(17) to exercise all the corporate powers granted to Illinois corporations
under the Business Corporation Act of 1983, except to the extent that any
such powers are inconsistent with those of a body politic and corporate of the State;
(18) to have and exercise all powers and be subject to all duties usually
incident to boards of directors of corporations; and
(19) to do all things necessary or convenient to carry out the powers
granted by this Act.
(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 notice, including a description of the
proposed project and the financing therefor, is submitted to the corporate
authorities of such municipality or, in the case of a proposed project in
an unincorporated area, to the county board.
(c) If any of the powers set forth in this Act are exercised within the
jurisdictional limits of any municipality, all ordinances of such
municipality shall remain in full force and effect and shall be controlling.
(Source: P.A. 85‑988.)
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(70 ILCS 515/9) (from Ch. 85, par. 6509)
Sec. 9.
Bonds and notes.
(a)(1) The Authority may, with the written
approval of the Governor, at any time and from time to time, issue bonds and
notes for any corporate purpose, including the establishment of reserves and
the payment of interest. In this Act the term "bonds" includes notes of
any kind, interim certificates, refunding bonds or any other evidence of obligation.
(2) The bonds of any issue shall be payable solely from the property or
receipts of the Authority, including, without limitation:
(I) fees, charges or other revenues payable to the Authority;
(II) payments by financial institutions, insurance companies, or others
pursuant to letters or lines of credit, policies of insurance, or purchase agreements;
(III) investment earnings from funds or accounts maintained pursuant to
a bond resolution or trust agreement; and
(IV) proceeds of refunding bonds.
(3) Bonds shall be authorized by a resolution of the Authority and may
be secured by a trust agreement by and between the Authority and a
corporate trustee or trustees, which may be any trust company or bank
having the powers of a trust company within or without the State. Bonds shall:
(I) be issued at, above or below par value, for cash or other valuable
consideration, and mature at time or times, whether as serial bonds or as
term bonds or both, not exceeding 40 years from their respective date of
issue; however, the length of the term of the bond should bear a reasonable
relationship to the value life of the item financed;
(II) bear interest at the fixed or variable rate or rates determined by
the method provided in the resolution or trust agreement;
(III) be payable at a time or times, in the denominations and form,
either coupon or registered or both, and carry the registration and
privileges as to conversion and for the replacement of mutilated, lost or
destroyed bonds as the resolution or trust agreement may provide;
(IV) be payable in lawful money of the United States at a designated place;
(V) be subject to the terms of purchase, payment, redemption, refunding
or refinancing that the resolution or trust agreement provides;
(VI) be executed by the manual or facsimile signatures of the officers
of the Authority designated by the Authority, which signatures shall be
valid at delivery even for one who has ceased to hold office; and
(VII) be sold in the manner and upon the terms determined by the Authority.
(b) Any resolution or trust agreement may contain provisions which shall
be a part of the contract with the holders of the bonds as to:
(1) pledging, assigning or directing the use, investment or disposition
of receipts of the Authority or proceeds or benefits of any contract and
conveying or otherwise securing any property or property rights;
(2) the setting aside of loan funding deposits, debt service reserves,
capitalized interest accounts, cost of issuance accounts and sinking funds,
and the regulations, investment and disposition thereof;
(3) limitations on the purpose to which or the investments in which the
proceeds of sale of any issue of bonds may be applied and restrictions to
investment of revenues or bond proceeds in government obligations for which
principal and interest are unconditionally guaranteed by the United States of America;
(4) limitations on the issue of additional bonds, the terms upon which
additional bonds may be issued and secured, the terms upon which additional
bonds may rank on a parity with, or be subordinate or superior to, other bonds;
(5) the refunding or refinancing of outstanding bonds;
(6) the procedure, if any, by which the terms of any contract with
bondholders may be altered or amended and the amount of bonds and holders
of which must consent thereto, and the manner in which consent shall be given;
(7) defining the acts or omissions which shall constitute a default in
the duties of the Authority to holders of bonds and providing the rights or
remedies of such holders in the event of a default which may include
provisions restricting individual right of action by bondholders;
(8) providing for guarantees, pledges of property, letters of credit, or
other security, or insurance for the benefit of bondholders; and
(9) any other matter relating to the bonds which the Authority determines appropriate.
(c) No member of the Authority nor any person executing the bonds shall
be liable personally on the bonds or subject to any personal liability by
reason of the issuance of the bonds.
(d) The Authority may enter into agreements with agents, banks, insurers
or others for the purpose of enhancing the marketability of or as security for its bonds.
(e)(1) A pledge by the Authority of revenues as security for an issue of
bonds shall be valid and binding from the time when the pledge is made.
(2) The revenues pledged shall immediately be subject to the lien of the
pledge without any physical delivery or further act, and the lien of any
pledge shall be valid and binding against any person having any claim of
any kind in tort, contract or otherwise against the Authority, irrespective
of whether the person has notice.
(3) No resolution, trust agreement or financing statement, continuation
statement, or other instrument adopted or entered into by the Authority
need be filed or recorded in any public record other than the records of
the authority in order to perfect the lien against third persons,
regardless of any contrary provision of law.
(f) The Authority may issue bonds to refund any of its bonds then
outstanding, including the payment of any redemption premium and any
interest accrued or to accrue to the earliest or any subsequent date of
redemption, purchase or maturity of the bonds. Refunding bonds may be
issued for the public purposes of realizing savings in the effective costs
of debt service, directly or through a debt restructuring, for alleviating
impending or actual default and may be issued in one or more series in an
amount in excess of that of the bonds to be refunded.
(g) Bonds or notes of the Authority may be sold by the Authority through
the process of competitive bid or negotiated sale.
(h) At no time shall the total outstanding bonds and notes of the
Authority exceed $100 million.
(i) The bonds and notes of the Authority shall not be debts of the State.
(j) In no event may proceeds of bonds or notes issued by the Authority
be used to finance any structure which is not constructed pursuant to an
agreement between the Authority and a party, which provides for the
delivery by the party of a completed structure constructed pursuant to a
fixed price contract, and which provides for the delivery of such structure
at such fixed price to be insured or guaranteed by a third party determined
by the Authority to be capable of completing construction of such a structure.
(Source: P.A. 85‑988.)
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(70 ILCS 515/9.1) (from Ch. 85, par. 6509.1)
Sec. 9.1.
Moneys for payment of principal of and interest on bonds.
In the event that the Authority determines that moneys of the Authority
will not be sufficient for the payment of the principal of and interest on
its bonds during the next succeeding State fiscal year, the Chairman shall
certify to the Governor, before October of the then current State fiscal
year, the amount required by the Authority to enable it to pay such
principal of and interest on the bonds. The Governor shall include the
amount so certified in the State budget. This Section shall not apply to
any bonds or notes as to which the Authority shall have determined, in the
resolution authorizing the issuance of bonds or notes, that this Section
shall not apply. Whenever the Authority makes such a determination, that
fact shall be plainly stated on the face of the bonds or notes and that
fact shall also be reported to the Governor.
(Source: P.A. 86‑1470.)
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(70 ILCS 515/10) (from Ch. 85, par. 6510)
Sec. 10.
Legality for Investment.
Any financial institution,
investment company, insurance company or association,
and any personal representative, guardian, trustee or other fiduciary, may
legally invest any monies belonging to them or within their control in any
bonds issued by the Authority.
(Source: P.A. 85‑988.)
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(70 ILCS 515/11) (from Ch. 85, par. 6511)
(Text as amended by P.A. 86‑1444 and P.A. 89‑460)
Sec. 11.
Tax exemption.
The Authority shall not be required to pay
any taxes or assessments of any kind whatsoever and its bonds, their
transfer, the interest payable on them, and any income derived from them shall
be exempt
at the time of issuance and at all times from
every kind and nature of taxation by this State or by any of its political
subdivisions, municipal corporations, or public agencies of any kind,
except for estate, transfer and inheritance taxes as provided in Section 12.
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. 86‑1444; 89‑460, eff. 5‑24‑96)
(Text as amended by P.A. 86‑1470 and P.A. 89‑460)
Sec. 11.
Tax exemption.
The Authority shall not be required to pay
any taxes or assessments of any kind whatsoever and its bonds, their
transfer, the interest payable on them, and any income derived from them may be
exempt by
the election of the Authority at the time of issuance and at all times from
every kind and nature of taxation by this State or by any of its political
subdivisions, municipal corporations, or public agencies of any kind,
except for estate, transfer, and inheritance taxes as provided in Section 12.
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. 86‑1470; 89‑460, eff. 5‑24‑96.)
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(70 ILCS 515/12) (from Ch. 85, par. 6512)
(Text as amended by P.A. 86‑1444 and P.A. 89‑460)
Sec. 12.
Bond 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 therefrom shall be free from all taxation by the State or its
political subdivisions except for estate, transfer and inheritance taxes.
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. 86‑1444; 89‑460, eff. 5‑24‑96)
(Text as amended by P.A. 86‑1470 and P.A. 89‑460)
Sec. 12.
Bond 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 therefrom may be free from all taxation by the State or its
political subdivisions except 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 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. 86‑1470; 89‑460, eff. 5‑24‑96.)
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(70 ILCS 515/13) (from Ch. 85, par. 6513)
Sec. 13.
Additional powers and duties.
(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 the power to enter into intergovernmental
agreements with the State of Illinois, the counties of Rock Island, Henry
or Mercer, the State of Iowa or any authority established by the
State of Iowa, 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.
(c) 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.
(d) 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.)
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(70 ILCS 515/14) (from Ch. 85, par. 6514)
Sec. 14.
The Authority may by ordinance designate a portion of the
territorial jurisdiction of the Authority for certification as an
Enterprise Zone under the Illinois Enterprise Zone Act in addition to any
other enterprise zones which may be created under the Act, which area shall
have all the privileges and rights of an Enterprise Zone pursuant to the
Illinois Enterprise Zone Act, but which shall not be counted in determining
the number of Enterprise Zones to be created in any year pursuant to that Act.
(Source: P.A. 85‑988.)
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(70 ILCS 515/15) (from Ch. 85, par. 6515)
Sec. 15.
The Authority may collect fees and charges in connection
with its loans, commitments and servicing and provide technical assistance
in the development of the region.
(Source: P.A. 85‑988.)
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(70 ILCS 515/17) (from Ch. 85, par. 6517)
Sec. 17.
Taxation.
The Authority shall have taxing powers as determined by statute.
(Source: P.A. 85‑988.)
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(70 ILCS 515/18) (from Ch. 85, par. 6518)
Sec. 18.
(a) If the Authority issues bonds for the purpose of
financing, by loan, grant, or otherwise, the construction of a NASCAR race
track, then it may impose the tax authorized by this Section.
(b) The Authority may impose an admission tax of $2 per person entering
the grounds of the NASCAR race track upon a ticket of admission. The
amounts shall be collected by the race track operator and paid over to the
Authority. If tickets are issued for more than one day, then the sum of
$2 shall be paid for each person using such ticket on each day that the
same shall be used. Provided, however, that no charge shall be made on
tickets of admission issued to and in the name of directors, officers,
agents or employees of the race track operator, or to owners,
drivers and their employees or to any person or persons entering the
grounds or enclosure for the transaction of business in connection with such
racing. The operator may, if it desires, collect such amount from
each ticket holder in addition to the amount or amounts charged for such
ticket of admission.
(c) Accurate records and books shall at all times be kept and maintained by
the operator showing the admission tickets issued and used on each racing
day and the attendance thereat. The Authority or
its duly authorized representative shall at all
reasonable times have access to the admission records of the operator for
the purpose of examining and checking the same and ascertaining whether or
not the proper amount has been or is being paid to the Authority as
herein provided. The Authority shall also require
that the operator shall execute and deliver to it a bond, payable to the
Authority, in such sum as it shall determine, not, however, in
excess of $50,000, with a surety to be approved by it, conditioned for the
payment of all sums due and payable or collected by it under this Section
upon admission fees received. The Authority may also from time to time
require sworn statements of the number of such admissions and may prescribe
blanks upon which such reports shall be made. Any operator failing or
refusing to pay the amount found to be due, as herein provided, shall be
deemed guilty of a business offense and upon conviction shall be punished
by a fine of not more than $5,000 in addition to the amount due from such
operator as herein provided. All fines paid into court by an operator
found guilty of violating this Section shall be transmitted and paid over
by the clerk of the court to said Authority.
(d) For the purpose of this Section, admission
ticket means a ticket purchased for entrance into a race track and does not
apply to passes for which no fee is charged.
(e) Amounts received by the Authority from the admission tax shall be
used to retire the bonds issued to finance the race track.
(Source: P.A. 85‑1444.)
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