HB4373 101ST GENERAL ASSEMBLY

LRB101 16133 HLH 65500 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4373

Introduced 1/29/2020, by Rep. Michael Halpin

SYNOPSIS AS INTRODUCED:

New Act

Creates the Quad Cities Regional Metropolitan Authority Compact Act. Provides for the creation of the Quad Cities Regional Metropolitan Authority by the states of Illinois and Iowa. Provides that the territory of the Authority is Scott County, Iowa and Rock Island County, Illinois. Provides that the purposes of the Authority are to provide facilities and to foster cooperative efforts for the development and public benefit of its territory. Sets forth the membership of the board of the Authority and the powers and duties of the Authority. Effective immediately.

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Quad Cities Regional Metropolitan Authority Compact Act.

Section 5. State may enter into compact. The State of Illinois may enter into the Quad Cities Regional Metropolitan Authority Compact with the State of Iowa if the State of Iowa joins the compact.

Section 10. Compact. The compact shall be in substantially the following form:

"COMPACT BETWEEN IOWA AND ILLINOIS TO CREATE THE QUAD CITIES

REGIONAL METROPOLITAN AUTHORITY.

ARTICLE 1. SHORT TITLE.

This compact may be cited as the "Quad Cities Regional Metropolitan Authority Compact".

ARTICLE 2. AUTHORIZATION.

The states of Illinois and Iowa authorize the creation of the Quad Cities Regional Metropolitan Authority to include the territories of Scott County in the State of Iowa and Rock Island County in the State of Illinois.

ARTICLE 3. PURPOSES.

The purposes of the Authority are to provide facilities and to foster cooperative efforts, all for the development and public benefit of its territory. This compact shall be liberally interpreted to carry out these purposes.

ARTICLE 4. CREATION.

The Authority is created when (i) the Secretary of State of Iowa certifies to the Secretary of State of Illinois and the Secretary of State of Illinois certifies to the Secretary of State of Iowa that substantially similar legislation is signed into law in both Iowa and Illinois and (ii) Congress has given its consent.

ARTICLE 5. BOARD MEMBERS.

The Authority shall be governed by a Board of not more than 8 members, one-half of whom are residents of Rock Island County, Illinois and one-half of whom are residents of Scott County, Iowa. The Iowa members shall be chosen in the manner and for the terms fixed by the law of Iowa. The Illinois members shall be chosen in the manner and for the terms fixed by the law of Illinois.

ARTICLE 6. BOARD OFFICERS.

The Board shall elect annually from its members a chairperson, a vice chairperson, a secretary, and other officers it determines necessary.

ARTICLE 7. BOARD OPERATIONS.

The Board shall adopt bylaws governing its meetings, fiscal year, election of officers, and other matters of procedure and operation.

ARTICLE 8. BOARD EXPENSES AND COMPENSATION.

(a) Members shall be reimbursed for reasonable expenses incurred while carrying out official duties.

(b) Members shall be compensated as authorized by substantially identical laws of the states of Illinois and Iowa.

ARTICLE 9. EMPLOYEES.

(a) The Board may hire an executive director, a treasurer, and other employees it determines necessary and shall fix their qualifications, duties, compensation, and terms of employment.

(b) The executive director, treasurer, and other employees shall have no pension benefits or rights of collective bargaining other than those authorized by substantially identical laws of the states of Iowa and Illinois.

ARTICLE 10. GENERAL POWERS.

The Authority has the following general powers:

(1) To sue and be sued.

(2) To own, operate, manage, or lease facilities within the territory of the Authority. "Facility" means an airport, port, wharf, dock, harbor, bridge, school, tunnel, terminal, industrial park, waste disposal system, mass transit system, parking area, road, recreational area, conservation area, or other project beneficial to the territory of the Authority as authorized by substantially identical laws of the states of Iowa and Illinois, together with related or incidental fixtures, equipment, improvements, and real or personal property.

(3) To fix and collect reasonable fees and charges for the use of its facilities.

(4) To own or lease interests in real or personal property.

(5) To accept and receive money, services, property, and other things of value.

(6) To disburse funds for its lawful activities.

(7) To enter into agreements with political subdivisions of the state of Illinois or Iowa or with the United States.

(8) To pledge or mortgage its property.

(9) To perform other functions necessary or incidental to its purposes and powers.

(10) To exercise other powers conferred by substantially identical laws of the states of Iowa and Illinois.

(11) To impose any tax throughout the region, subject to referendum approval by the voters of each county in the region, that may be lawfully imposed in both Iowa and Illinois, and to provide that such referendum language be placed on the ballot in each state; a tax under this paragraph (11) shall be imposed for no longer than 10 years unless it is reauthorized by a subsequent referendum in each state. The referendum in each state must include identical language specifying the purposes for which tax proceeds shall be used, and those proceeds may be used only for those purposes and for administrative purposes as provided in subsection (c) of Article 11.

ARTICLE 11. TAXES.

(a) Except as provided in paragraph (11) of Article 10, the Authority shall have no independent power to tax.

(b) A political subdivision of the state of Iowa or Illinois shall not impose taxes to fund the Authority or any of the Authority's projects except as specifically authorized by substantially identical laws of the states of Illinois and Iowa.

(c) In addition to the uses specified in the referendum authorizing the imposition of a tax, the Authority may use up to 1% of the total revenue derived from a tax imposed under paragraph (11) of Article 10 for administrative purposes to successfully carry out its duties.

ARTICLE 12. REPORTS.

The Authority shall report annually to the Governors and legislatures of the states of Iowa and Illinois concerning its facilities, activities, and finances and may make recommendations for state legislation.

ARTICLE 13. PENALTIES.

The states of Illinois and Iowa may provide by substantially identical laws for the enforcement of the ordinances of the Authority and for penalties for the violation of those ordinances.

ARTICLE 14. SUBSTANTIALLY IDENTICAL LAWS.

Substantially identical laws of the states of Iowa and Illinois which are in effect before the Authority is created shall apply unless the laws are contrary to or inconsistent with the provisions of this compact. A question of whether the laws of the states of Iowa and Illinois are substantially identical may be determined and enforced by a federal district court.

ARTICLE 15. DISSOLUTION.

The Authority may be dissolved by independent action of a political subdivision of the state of Iowa or the state of Iowa as authorized by law of the state of Iowa or by independent action of a political subdivision of the state of Illinois or the state of Illinois as authorized by law of the state of Illinois.

ARTICLE 16. SUBJECT TO LAWS AND CONSTITUTIONS.

This compact, the enabling laws of the states of Iowa and Illinois, and the Authority are subject to the laws and Constitution of the United States and the Constitutions of the states of Illinois and Iowa.

ARTICLE 17. CONSENT OF CONGRESS.

The Attorneys General of the states of Iowa and Illinois shall jointly seek the consent of the Congress of the United States to enter into or implement this compact.

ARTICLE 18. BINDING EFFECT.

This compact and substantially identical enabling laws are binding on the states of Illinois and Iowa to the full extent allowed without the consent of Congress. If the consent of Congress is necessary, this compact and substantially identical enabling laws are binding on the states of Iowa and Illinois to the full extent when consent is obtained.

ARTICLE 19. SIGNING.

This compact shall be signed in duplicate by the authorized representatives of the states of Illinois and Iowa. One signed copy shall be filed with the Secretary of State of Iowa and the other with the Secretary of State of Illinois."

Section 99. Effective date. This Act takes effect upon becoming law.