HB5604 - 104th General Assembly
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| 1 | AN ACT concerning government. | |||||||||||||||||||
| 2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
| 3 | represented in the General Assembly: | |||||||||||||||||||
| 4 | Section 1. Short title. This Act may be cited as the | |||||||||||||||||||
| 5 | Cultural Districts Act. | |||||||||||||||||||
| 6 | Section 5. Cultural district. If an area successfully | |||||||||||||||||||
| 7 | establishes itself as a cultural district under subsection (c) | |||||||||||||||||||
| 8 | of Section 605-1057 of the Department of Commerce and Economic | |||||||||||||||||||
| 9 | Opportunity Law, then the area may be incorporated as a | |||||||||||||||||||
| 10 | cultural district as provided in this Act. | |||||||||||||||||||
| 11 | Section 10. Initial districts. The following districts are | |||||||||||||||||||
| 12 | created as cultural districts: | |||||||||||||||||||
| 13 | (1) the North First Street Cultural District in the | |||||||||||||||||||
| 14 | City of Champaign; | |||||||||||||||||||
| 15 | (2) the Bronzeville District in the City of Chicago; | |||||||||||||||||||
| 16 | (3) the Chinatown District in the City of Chicago; | |||||||||||||||||||
| 17 | (4) the Clark Street/Camino Clark District in the City | |||||||||||||||||||
| 18 | of Chicago; | |||||||||||||||||||
| 19 | (5) the Mahalia Jackson 79th Street Cultural District | |||||||||||||||||||
| 20 | in the City of Chicago; | |||||||||||||||||||
| 21 | (6) the Little Village District in the City of | |||||||||||||||||||
| 22 | Chicago; | |||||||||||||||||||
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| 1 | (7) the Puerto Rico Town District in the City of | ||||||
| 2 | Chicago; | ||||||
| 3 | (8) the South Chicago Cultural District in the City of | ||||||
| 4 | Chicago; | ||||||
| 5 | (9) the Central East Cultural District in the City of | ||||||
| 6 | Springfield; | ||||||
| 7 | (10) the Southtown Cultural District in the City of | ||||||
| 8 | Springfield; | ||||||
| 9 | (11) the Soul City District in the City of Chicago; | ||||||
| 10 | (12) the City of Bloomington Downtown Cultural | ||||||
| 11 | District; | ||||||
| 12 | (13) the Heritage District in the City of Rockford; | ||||||
| 13 | (14) the Historic District of the City of Vienna; and | ||||||
| 14 | (15) the Ukrainian Village District in the City of | ||||||
| 15 | Chicago; | ||||||
| 16 | Section 15. Petition for referendum. | ||||||
| 17 | (a) Any 200 legal voters residing within the limits of a | ||||||
| 18 | proposed district may petition the circuit court of the county | ||||||
| 19 | in which the proposed district lies for an order to submit the | ||||||
| 20 | question to the electors of the proposed district whether or | ||||||
| 21 | not it shall be organized as a cultural district under this | ||||||
| 22 | Act. | ||||||
| 23 | (b) The petition must contain a definite description of | ||||||
| 24 | the territory to be included within the district, the proposed | ||||||
| 25 | name of the district, the name of each municipality within the | ||||||
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| 1 | district, and a copy of certification as a State-designated | ||||||
| 2 | cultural district under Section 605-1057 of the Department of | ||||||
| 3 | Commerce and Economic Opportunity Law. | ||||||
| 4 | (c) Upon filing the petition in the office of the clerk of | ||||||
| 5 | the circuit court of the county in which the territory lies, | ||||||
| 6 | the circuit court shall fix a day and hour for a hearing on the | ||||||
| 7 | petition, which shall be at least 15 days after the filing of | ||||||
| 8 | the petition. The clerk of the circuit court shall cause a | ||||||
| 9 | notice of the time and place of hearing to be published 3 | ||||||
| 10 | successive days in a newspaper having a general circulation in | ||||||
| 11 | the territory of the proposed district. The date of the last | ||||||
| 12 | publication of the notice must be at least 5 days before the | ||||||
| 13 | time set for the hearing. | ||||||
| 14 | (d) At the hearing on the petition the court shall hear any | ||||||
| 15 | person owning property or residing within the proposed | ||||||
| 16 | district who desires to be heard. If the court finds that all | ||||||
| 17 | of the provisions of this Act have been complied with, the | ||||||
| 18 | court shall enter an order fixing and defining the boundaries | ||||||
| 19 | and the name of the proposed district in accordance with the | ||||||
| 20 | prayer of the petition. | ||||||
| 21 | (e) If any other petition for the organization of a | ||||||
| 22 | cultural district in the same county is filed under this Act | ||||||
| 23 | before the time fixed for the hearing of the first petition, | ||||||
| 24 | the court shall postpone the hearing on the first petition, | ||||||
| 25 | and the hearing on all petitions shall be set for the same day | ||||||
| 26 | and hour. All petitions filed after the first petition shall | ||||||
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| 1 | be assigned to the judge to whom the first petition is assigned | ||||||
| 2 | so that all petitions may be heard by the same judge. If 2 or | ||||||
| 3 | more petitions are filed under this Act and come on for hearing | ||||||
| 4 | at the same time and the court finds that any of the territory | ||||||
| 5 | included within any one of the petitions is included within or | ||||||
| 6 | contiguous to the territory included in any other petition, | ||||||
| 7 | the court may include all of the territory described in the | ||||||
| 8 | petitions in one district and shall fix the name proposed in | ||||||
| 9 | the petition first filed as the name of the district. | ||||||
| 10 | (f) After the entry of the order fixing and defining the | ||||||
| 11 | boundaries and the name of a proposed district, the circuit | ||||||
| 12 | court shall order that the question of organization of the | ||||||
| 13 | proposed district be submitted to the electors of the proposed | ||||||
| 14 | district. The clerk of the circuit court shall certify the | ||||||
| 15 | order and the question to the proper election officials, who | ||||||
| 16 | shall submit the question to the electors of the proposed | ||||||
| 17 | district in accordance with the general election law. Notice | ||||||
| 18 | of the referendum shall contain a definite description of the | ||||||
| 19 | territory of the district and the proposed name of the | ||||||
| 20 | district. | ||||||
| 21 | (g) The proposition shall be substantially in the | ||||||
| 22 | following form: | ||||||
| 23 | "Shall the (name of cultural district) be organized in | ||||||
| 24 | the territory described as follows: (insert | ||||||
| 25 | description)?". If a majority of the votes cast on the | ||||||
| 26 | question are in the affirmative, the district shall then | ||||||
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| 1 | be an organized cultural district under this Act. | ||||||
| 2 | Section 20. Governing body and officers. | ||||||
| 3 | (a) Unless the boundaries of a cultural district are the | ||||||
| 4 | same as the boundaries of a county or municipality, the | ||||||
| 5 | affairs of a cultural district shall be managed by a board of | ||||||
| 6 | commissioners consisting of not less than 5 but not more than 9 | ||||||
| 7 | commissioners, who shall be appointed by the presiding officer | ||||||
| 8 | of the county board of the county in which the majority of the | ||||||
| 9 | cultural district is located, with the advice and consent of | ||||||
| 10 | the county board. The first appointments shall be made more | ||||||
| 11 | than 60 days but not more than 90 days after the district is | ||||||
| 12 | created. Each commissioner must be a legal voter in the | ||||||
| 13 | district. The first commissioners shall be appointed for terms | ||||||
| 14 | ending June 30, one, 2, 3, 4, and 5 years after the district is | ||||||
| 15 | organized, as determined by lot. Thereafter, successor | ||||||
| 16 | commissioners shall be appointed for terms of 5 years. | ||||||
| 17 | Commissioners shall receive no compensation but shall be | ||||||
| 18 | reimbursed for their reasonable and necessary expenses | ||||||
| 19 | incurred in the performance of official duties. | ||||||
| 20 | (b) If a commissioner is no longer a legal voter of the | ||||||
| 21 | district, then the office shall immediately become vacant. If | ||||||
| 22 | a vacancy in the office of commissioner occurs for any reason, | ||||||
| 23 | then a successor shall be appointed for the remainder of the | ||||||
| 24 | term in the same manner as other commissioners are appointed. | ||||||
| 25 | (c) If the boundaries of a cultural district are the same | ||||||
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| 1 | as the boundaries of a county or municipality, then the | ||||||
| 2 | corporate authorities of the county or municipality shall have | ||||||
| 3 | the powers and perform the duties of the commissioners and no | ||||||
| 4 | commissioners shall be appointed for the district. The | ||||||
| 5 | corporate authorities shall receive no additional compensation | ||||||
| 6 | for governing the cultural district. | ||||||
| 7 | (d) The board of commissioners of a cultural district | ||||||
| 8 | shall appoint the treasurer of the cultural district by | ||||||
| 9 | majority vote. | ||||||
| 10 | Section 25. Powers and duties. A cultural district may sue | ||||||
| 11 | and be sued, enter into contracts, acquire and hold real and | ||||||
| 12 | personal property necessary for its corporate purposes, and | ||||||
| 13 | adopt a seal and alter the same at its pleasure. | ||||||
| 14 | Section 30. Real estate. A cultural district may acquire | ||||||
| 15 | lands for its purposes (i) by lease, (ii) in fee simple by | ||||||
| 16 | gift, grant, legacy, purchase, or condemnation, or (iii) by | ||||||
| 17 | easement. | ||||||
| 18 | Section 35. Funds of the district. | ||||||
| 19 | (a) The board of commissioners, when requested by the | ||||||
| 20 | treasurer of the district, shall designate one or more banks | ||||||
| 21 | or savings and loan associations where the funds of the | ||||||
| 22 | district received by the treasurer may be deposited. When a | ||||||
| 23 | bank or savings and loan association has been designated as a | ||||||
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| 1 | depository, it shall continue as a depository until 10 days | ||||||
| 2 | after a new depository is designated and is qualified by | ||||||
| 3 | furnishing the statements of resources and liabilities | ||||||
| 4 | required by this Section. When a new depository is designated, | ||||||
| 5 | the board of commissioners shall notify the sureties of the | ||||||
| 6 | treasurer of that fact in writing at least 5 days before the | ||||||
| 7 | transfer of funds. The treasurer of the district shall be | ||||||
| 8 | discharged from responsibility for all funds and moneys while | ||||||
| 9 | they are deposited in a designated bank or depository. | ||||||
| 10 | (b) A bank or savings and loan association shall not | ||||||
| 11 | receive public funds as provided in this Section unless it has | ||||||
| 12 | complied with the requirements of Section 6 of the Public | ||||||
| 13 | Funds Investment Act. | ||||||
| 14 | Section 40. Records and reports. | ||||||
| 15 | (a) The board of commissioners shall keep a record of all | ||||||
| 16 | proceedings which shall be open to the inspection of any | ||||||
| 17 | person residing in the district at all reasonable and proper | ||||||
| 18 | times. The board of commissioners shall report annually to the | ||||||
| 19 | county board in which a majority of the cultural district is | ||||||
| 20 | located concerning its revenues, expenditures, construction | ||||||
| 21 | work, property, and other matters acted upon by the board of | ||||||
| 22 | commissioners during the previous year. | ||||||
| 23 | (b) An action of the board of commissioners of a cultural | ||||||
| 24 | district requires the affirmative vote of the majority of | ||||||
| 25 | commissioners. | ||||||
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| 1 | Section 45. Debt and bonds. The board of commissioners of | ||||||
| 2 | a cultural district may, for any of its authorized purposes, | ||||||
| 3 | borrow money upon the faith and credit of the cultural | ||||||
| 4 | district and may issue bonds. A district may not, however, | ||||||
| 5 | become indebted in any manner or for any purpose to an amount | ||||||
| 6 | including existing indebtedness in the aggregate exceeding | ||||||
| 7 | 1.5% of the assessed value, as equalized by the Department of | ||||||
| 8 | Revenue, of the taxable property in the district. A district | ||||||
| 9 | may not incur indebtedness in excess of 0.3% of the assessed | ||||||
| 10 | value, as equalized by the Department of Revenue, of taxable | ||||||
| 11 | property in the district for the development of historical | ||||||
| 12 | sites, together with related lands and facilities, held by the | ||||||
| 13 | district. Before or at the time of issuing bonds, the board of | ||||||
| 14 | commissioners shall provide by ordinance for the collection of | ||||||
| 15 | an annual tax sufficient to pay the interest on the bonds as it | ||||||
| 16 | falls due and to pay the principal of the bonds as they mature. | ||||||
| 17 | The bonds shall mature not later than 20 years after the date | ||||||
| 18 | thereof. The bonds shall bear interest at such rate or rates as | ||||||
| 19 | do not exceed those set forth in the Bond Authorization Act and | ||||||
| 20 | shall be issuable upon any terms and may have provisions as | ||||||
| 21 | make use of any authority as may be provided in the Local | ||||||
| 22 | Government Debt Reform Act. | ||||||
