Illinois General Assembly - Full Text of SB3052
Illinois General Assembly

Previous General Assemblies

Full Text of SB3052  98th General Assembly

SB3052 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3052

 

Introduced 2/7/2014, by Sen. Daniel Biss

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Special Service Area Tax Law in the Property Tax Code. Provides that the corporate authorities of a county or a municipality may establish a green special service area. Provides that those green special service areas shall include only property for which each owner of record has executed a contract or agreement with the county or municipality consenting to the inclusion of the property within the green special service area. Provides that counties and municipalities may levy property taxes in connection with green special service areas. Provides that counties and municipalities may issue bonds in connection with green special service areas and may sell, assign, or pledge those bonds to the Illinois Finance Authority. Amends the Counties Code and the Illinois Municipal Code to provide that each county or municipality shall have the power and authority to engage in specified activities that relate to green special service areas. Amends the Illinois Finance Authority Act. Provides that the Illinois Finance Authority has the power to purchase special service area bonds and to accept assignments or pledges, or both, of special service area bonds or agreements relating to green special service area projects. Effective immediately.


LRB098 16411 HLH 51476 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3052LRB098 16411 HLH 51476 b

1    AN ACT concerning revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Finance Authority Act is amended by
5changing Sections 820-10, 820-20, and 820-25 and by adding
6Section 820-37 as follows:
 
7    (20 ILCS 3501/820-10)
8    Sec. 820-10. Definitions. The following words or terms,
9whenever used or referred to in this Article, shall have the
10following meanings ascribed to them, except where the context
11clearly requires otherwise:
12    (a) "Department" means the Illinois Department of Commerce
13and Economic Opportunity.
14    (b) "Unit of local government" means any unit of local
15government, as defined in Article VII, Section 1 of the 1970
16State Constitution and any local public entity as that term is
17defined by the Local Governmental and Governmental Employees
18Tort Immunity Act and also includes the State and any
19instrumentality, office, officer, department, division,
20bureau, commission, college or university thereof.
21    (c) "Energy conservation project" means any improvement,
22repair, alteration or betterment of any building or facility or
23any equipment, including but not limited to an Energy

 

 

SB3052- 2 -LRB098 16411 HLH 51476 b

1Efficiency Project, as defined in item (iii) of subsection (b)
2of Section 825-65, in connection with any school district or
3community college district project, and any fixture or
4furnishing including its energy using mechanical devices to be
5added to or used in any building or facility that the Director
6of the Department has certified to the Authority will be a
7cost-effective energy-related project that will lower energy
8or utility costs in connection with the operation or
9maintenance of such building or facility, and will achieve
10energy cost savings sufficient to cover bond debt service and
11other project costs within 20 10 years from the date of project
12installation.
13    (d) "Green special service area project" means any energy
14efficiency improvement, renewable energy improvement, or water
15use improvement as such terms are defined in Section 27-5 of
16the Special Service Area Tax Law.
17(Source: P.A. 97-760, eff. 7-6-12.)
 
18    (20 ILCS 3501/820-20)
19    Sec. 820-20. Powers and Duties; Illinois Local Government
20Financing Assistance Program. The Authority has the power:
21    (a) To purchase from time to time pursuant to negotiated
22sale or to otherwise acquire from time to time any local
23government securities issued by one or more units of local
24government upon such terms and conditions as the Authority may
25prescribe;

 

 

SB3052- 3 -LRB098 16411 HLH 51476 b

1    (b) To issue bonds in one or more series pursuant to one or
2more resolutions of the Authority for any purpose authorized
3under this Article, including without limitation purchasing or
4acquiring local government securities, providing for the
5payment of any interest deemed necessary on such bonds, paying
6for the cost of issuance of such bonds, providing for the
7payment of the cost of any guarantees, letters of credit,
8insurance contracts or other similar credit support or
9liquidity instruments, or providing for the funding of any
10reserves deemed necessary in connection with such bonds and
11refunding or advance refunding of any such bonds and the
12interest and any premium thereon, pursuant to this Act;
13    (c) To provide for the funding of any reserves or other
14funds or accounts deemed necessary by the Authority in
15connection with any bonds issued by the Authority or local
16government securities purchased or otherwise acquired by the
17Authority;
18    (d) To pledge any local government security, including any
19payments thereon, and any other funds of the Authority or funds
20made available to the Authority which may be applied to such
21purpose, as security for any bonds or any guarantees, letters
22of credit, insurance contracts or similar credit support or
23liquidity instruments securing the bonds;
24    (e) To enter into agreements or contracts with third
25parties, whether public or private, including without
26limitation the United States of America, the State, or any

 

 

SB3052- 4 -LRB098 16411 HLH 51476 b

1department or agency thereof to obtain any appropriations,
2grants, loans or guarantees which are deemed necessary or
3desirable by the Authority. Any such guarantee, agreement or
4contract may contain terms and provisions necessary or
5desirable in connection with the program, subject to the
6requirements established by this Article;
7    (f) To charge reasonable fees to defray the cost of
8obtaining letters of credit, insurance contracts or other
9similar documents, and to charge such other reasonable fees to
10defray the cost of trustees, depositories, paying agents, bond
11registrars, escrow agents and other administrative expenses.
12Any such fees shall be payable by units of local government
13whose local government securities are purchased or otherwise
14acquired by the Authority pursuant to this Article, in such
15amounts and at such times as the Authority shall determine, and
16the amount of the fees need not be uniform among the various
17units of local government whose local government securities are
18purchased or otherwise acquired by the Authority pursuant to
19this Article;
20    (g) To obtain and maintain guarantees, letters of credit,
21insurance contracts or similar credit support or liquidity
22instruments which are deemed necessary or desirable in
23connection with any bonds or other obligations of the Authority
24or any local government securities;
25    (h) To establish application fees and other service fees
26and prescribe application, notification, contract, agreement,

 

 

SB3052- 5 -LRB098 16411 HLH 51476 b

1security and insurance forms and rules and regulations it deems
2necessary or appropriate;
3    (i) To provide technical assistance, at the request of any
4unit of local government, with respect to the financing or
5refinancing for any public purpose. In fulfillment of this
6purpose, the Authority may request assistance from the
7Department as necessary; any unit of local government that is
8experiencing either a financial emergency as defined in the
9Local Government Financial Planning and Supervision Act or a
10condition of fiscal crisis evidenced by an impaired ability to
11obtain financing for its public purpose projects from
12traditional financial channels or impaired ability to fully
13fund its obligations to fire, police and municipal employee
14pension funds, or to bond payments or reserves, may request
15technical assistance from the Authority in the form of a
16diagnostic evaluation of its financial condition;
17    (j) To purchase any obligations of the Authority issued
18pursuant to this Article;
19    (k) To sell, transfer or otherwise dispose of local
20government securities purchased or otherwise acquired by the
21Authority pursuant to this Article, including without
22limitation, the sale, transfer or other disposition of
23undivided fractionalized interests in the right to receive
24payments of principal and premium, if any, or the right to
25receive payments of interest or the right to receive payments
26of principal of and premium, if any, and interest on pools of

 

 

SB3052- 6 -LRB098 16411 HLH 51476 b

1such local government securities;
2    (l) To acquire, purchase, lease, sell, transfer and
3otherwise dispose of real and personal property, or any
4interest therein, and to issue its bonds and enter into leases,
5contracts and other agreements with units of local government
6in connection with such acquisitions, purchases, leases, sales
7and other dispositions of such real and personal property;
8    (m) To make loans to banks, savings and loans and other
9financial institutions for the purpose of purchasing or
10otherwise acquiring local government securities, and to issue
11its bonds, and enter into agreements and contracts in
12connection with such loans;
13    (n) To enter into agreements or contracts with any person
14necessary or appropriate to place the payment obligations of
15the Authority under any of its bonds in whole or in part on any
16interest rate basis, cash flow basis, or other basis desired by
17the Authority, including without limitation agreements or
18contracts commonly known as "interest rate swap agreements",
19"forward payment conversion agreements", and "futures", or
20agreements or contracts to exchange cash flows or a series of
21payments, or agreements or contracts, including without
22limitation agreements or contracts commonly known as
23"options", "puts" or "calls", to hedge payment, rate spread, or
24similar exposure; provided, that any such agreement or contract
25shall not constitute an obligation for borrowed money, and
26shall not be taken into account under Section 845-5 of this Act

 

 

SB3052- 7 -LRB098 16411 HLH 51476 b

1or any other debt limit of the Authority or the State of
2Illinois;
3    (o) To make and enter into all other agreements and
4contracts and execute all instruments necessary or incidental
5to performance of its duties and the execution of its powers
6under this Article;
7    (p) To contract for and finance the costs of energy audits,
8project-specific engineering and design specifications, and
9any other related analyses preliminary to an energy
10conservation project; and, to contract for and finance the cost
11of project monitoring and data collection to verify
12post-installation energy consumption and energy-related
13operating costs. Any such contract shall be executed only after
14it has been jointly negotiated by the Authority and the
15Department; and
16    (p-5) To purchase special service area bonds and to accept
17assignments or pledges, or both, of special service area bonds
18or agreements relating to green special service area projects,
19which authority shall be liberally construed; and
20    (q) To exercise such other powers as are necessary or
21incidental to the foregoing.
22(Source: P.A. 93-205, eff. 1-1-04.)
 
23    (20 ILCS 3501/820-25)
24    Sec. 820-25. Unit of Local Government Participation. Any
25unit of local government is authorized to voluntarily

 

 

SB3052- 8 -LRB098 16411 HLH 51476 b

1participate in this program. Any unit of local government which
2is authorized to issue, sell and deliver its local government
3securities under any provision of the Constitution or laws of
4the State may issue, sell and deliver such local government
5securities to the Authority under this Article; provided that
6and notwithstanding any other provision of law to the contrary,
7any such unit of local government may issue and sell any such
8local government security at any interest rate or rates, which
9rate or rates may be established by an index or formula which
10may be implemented by persons appointed or retained for those
11purposes therefor, payable at such time or times, and at such
12price or prices to which the unit of local government and the
13Authority may agree. Any unit of local government may pay any
14amount charged by the Authority pursuant to this Article. Any
15unit of local government participating in this program may pay
16out of the proceeds of its local government securities or out
17of any other moneys or funds available to it for such purposes
18any costs, fees, interest deemed necessary, premium or reserves
19incurred or required for financing or refinancing this program,
20including without limitation any fees charged by the Authority
21pursuant to this Article and its share, as determined by the
22Authority, of any costs, fees, interest deemed necessary,
23premium or reserves incurred or required pursuant to Section
24820-20 of this Act. All local government securities purchased
25or otherwise acquired by the Authority pursuant to this Act
26shall upon delivery to the Authority be accompanied by an

 

 

SB3052- 9 -LRB098 16411 HLH 51476 b

1approving opinion of bond counsel as to the validity of such
2securities. The Authority shall have discretion to purchase or
3otherwise acquire those local government securities, as it
4shall deem to be in the best interest of its financing program
5for all units of local government taken as a whole. Any unit of
6local government with the authority, in connection with green
7special service area projects, to provide special service area
8tax financing under the Special Service Area Tax Law is
9authorized to issue special service area bonds and sell or
10assign those special service area bonds to the Authority or to
11assign or pledge special service area bonds or agreements, or
12both, to the Authority.
13(Source: P.A. 93-205, eff. 1-1-04.)
 
14    (20 ILCS 3501/820-37 new)
15    Sec. 820-37. Unit of local government participation;
16bonds. The Authority may assist units of local government by
17establishing and implementing a program to issue their bonds
18secured by special service area agreements assigned or pledged
19to the Authority by units of local government so as to provide
20financing for green special service area projects. The bonds of
21the Authority shall not constitute an indebtedness or
22obligation of the Authority or the State, and it shall be
23plainly stated on the face of each such bond that it does not
24constitute an indebtedness or obligation of the Authority or
25the State but is payable solely from the revenues, income, or

 

 

SB3052- 10 -LRB098 16411 HLH 51476 b

1other assets of the Authority that are pledged to the repayment
2of those bonds. In assisting units of local government in
3financing green special service area projects, the Authority
4shall establish quality control standards that shall apply to
5those green special service area projects.
 
6    Section 10. The Property Tax Code is amended by changing
7Section 27-5 and by adding Section 27-97 as follows:
 
8    (35 ILCS 200/27-5)
9    Sec. 27-5. Short title; definitions. This Article may be
10cited as the Special Service Area Tax Law.
11    When used in this Article:
12    "Energy efficiency improvement" means any installation,
13modification, or replacement that reduces energy consumption
14in any residential, commercial, or industrial building,
15structure, or other facility, including, but not limited to,
16all of the following:
17        (1) insulation in walls, roofs, floors, foundations,
18    and heating and cooling distribution systems;
19        (2) storm windows and doors, multiglazed windows and
20    doors, heat-absorbing or heat-reflective glazed and coated
21    window and door systems, additional glazing, reductions in
22    glass area, and other window and door system modifications;
23        (3) automatic energy control systems;
24        (4) high efficiency furnaces, lighting fixtures,

 

 

SB3052- 11 -LRB098 16411 HLH 51476 b

1    ventilating, or air conditioning and distribution systems;
2        (5) caulking and weather-stripping;
3        (6) facilities, improvements, or systems to bring
4    natural daylight into buildings; and
5        (7) any other installation, modification, replacement,
6    facility, improvement, rehabilitation, repair, or
7    remodeling that is permanently affixed to the property and
8    has the effect of reducing energy consumption.
9    For the purposes of levying a special service area tax on
10the real property on which the energy efficiency improvement is
11located in a green special service area under the Special
12Service Area Tax Law in the Property Tax Code, any energy
13efficiency improvement shall be deemed to be real property.
14    "Green special service area" means a special service area
15created pursuant to Section 27-97 of this Act for the purpose
16of providing special services that are energy efficiency
17improvements, renewable energy improvements, water use
18improvements, or a combination thereof. The corporate
19authorities of the municipality or county may establish (i)
20multiple green special service areas pursuant to a single
21ordinance or (ii) multiple buildings, structures, facilities,
22improvements, or lots or parcels of land within a single green
23special service area, which are not required to be contiguous.
24Revenues from multiple green special service areas and revenues
25from multiple buildings, structures, facilities, improvements
26or lots or parcels of land within a single green special

 

 

SB3052- 12 -LRB098 16411 HLH 51476 b

1service area may be aggregated for a pledge as security for
2bonds issued pursuant to Section 27-45 of this Act.
3    "Green special service area project" means any energy
4efficiency improvement, renewable energy improvement, or water
5use improvement, or any combination thereof.
6    "Renewable energy improvement" means any fixture, product,
7system, device, or interacting group thereof, for or serving
8any residential, commercial, or industrial building,
9structure, or other facility that is permanently affixed to the
10property and produces energy from renewable resources as
11defined in Section 1-10 of the Illinois Power Agency Act. For
12purposes of levying a special service area tax on the real
13property on which the renewable energy improvement is located
14in a green special service area under the Special Service Area
15Tax Law and the Property Tax Code, any renewable energy
16improvement shall be deemed to be real property.
17    "Special Service Area" means a contiguous area, except as
18provided in this Act concerning green special service areas,
19within a municipality or county in which special governmental
20services are provided in addition to those services provided
21generally throughout the municipality or county, the cost of
22the special services to be paid from revenues collected from
23taxes levied or imposed upon property within that area.
24Territory shall be considered contiguous for purposes of this
25Article even though certain completely surrounded portions of
26the territory are excluded from the special service area. A

 

 

SB3052- 13 -LRB098 16411 HLH 51476 b

1county may create a special service area within a municipality
2or municipalities when the municipality or municipalities
3consent to the creation of the special service area. A
4municipality may create a special service area within a
5municipality and the unincorporated area of a county or within
6another municipality when the county or other municipality
7consents to the creation of the special service area.
8    "Special Services" means all forms of services pertaining
9to the government and affairs of the municipality or county,
10including but not limited to weather modification, energy
11efficiency improvements, renewable energy improvements, water
12use improvements, and improvements permissible under Article 9
13of the Illinois Municipal Code, and contracts for the supply of
14water as described in Section 11-124-1 of the Illinois
15Municipal Code which may be entered into by the municipality or
16by the county on behalf of a county special service area.
17    "Water use improvement" means any fixture, product,
18system, device, or interacting group thereof, for or serving
19any residential, commercial, or industrial building,
20structure, or other facility that has the effect of conserving
21water resources through improved water management or
22efficiency. For the purposes of levying a special service area
23tax on the real property on which the water use improvement is
24located in a green special service area under the Special
25Service Area Tax Law in the Property Tax Code, any water use
26improvement shall be deemed to be real property.

 

 

SB3052- 14 -LRB098 16411 HLH 51476 b

1(Source: P.A. 86-1324; 88-445.)
 
2    (35 ILCS 200/27-97 new)
3    Sec. 27-97. Green special service areas.
4    (a) The corporate authorities of a municipality or a county
5may establish a green special service area, or multiple green
6special service areas under a single ordinance, for the purpose
7of arranging for and financing energy efficiency improvements,
8renewable energy improvements, or water use improvements, the
9financing of which shall constitute a public purpose. Each
10green special service area shall include only property for
11which each owner of record has executed a contract or agreement
12consenting to the inclusion of the property within the green
13special service area, and such contract or agreement may be
14entered into after the adoption of the ordinance by the
15corporate authorities establishing the green special service
16area. The inclusion, or, as applicable, deletion, of property
17within the green special service area after the adoption of the
18ordinance by the corporate authorities establishing the green
19special service area may be made either (i) by the adoption of
20a supplemental or amending ordinance by the corporate
21authorities or (ii) pursuant to authority in the establishing
22ordinance designating one or more county or municipal officers,
23as applicable, to include or delete other properties. Green
24special service areas are exempt from the provisions of
25Sections 27-20, 27-25, 27-30, 27-35, 27-40, 27-50, 27-55,

 

 

SB3052- 15 -LRB098 16411 HLH 51476 b

127-60, 27-65, and 27-70 of the Special Service Area Tax Law. A
2municipality or a county may create a green special service
3area by an ordinance establishing the green special service
4area or multiple green special services areas. Notwithstanding
5anything in the Special Service Area Tax Law to the contrary, a
6county may establish a green special service area within a
7municipality without the consent of that municipality. Each
8owner of record of property within a green special service area
9may arrange for the specific energy efficiency improvements,
10renewable energy improvements, or water use improvements, and
11may obtain financing for such improvements through the process
12set forth in the ordinance establishing the green special
13service area. A green special service area may consist of a
14single building, structure, facility, improvement, or lot or
15parcel of land. The corporate authorities of a municipality or
16a county may establish multiple green special service areas
17pursuant to a single ordinance or may, within a single green
18special service area, identify multiple buildings, structures,
19facilities, improvements, or lots or parcels of land, whether
20or not those buildings, structures, facilities, improvements,
21lots, or parcels are contiguous. However, each green special
22service area shall be established with respect to a single
23contract or agreement. Revenues derived from special service
24area taxes levied in multiple green special service areas or
25revenues from multiple buildings, structures, facilities,
26improvements or lots or parcels of land within a single green

 

 

SB3052- 16 -LRB098 16411 HLH 51476 b

1special service area may be aggregated for a pledge as security
2for bonds issued pursuant to Section 27-45 of the Special
3Service Area Tax Law. Municipalities and counties shall have
4the power to issue bonds under Section 27-45 of the Special
5Service Area Tax Law for the public purposes set forth in this
6Section 27-97; provided that it shall not be necessary to give
7notice of or to conduct a public hearing, as required in
8Section 27-45 of the Special Service Area Tax Law, in
9connection with the issuance of those bonds, as otherwise
10required by Section 27-45 of the Special Service Area Tax Law.
11    (b) The corporate authorities of a county or municipality
12that establish a green special service area shall have the
13power to levy a special service area tax on the real property
14on which the energy use improvements, the renewable energy
15improvements, and the water use improvements are located if
16each owner of record has entered into a contract or agreement
17for those energy efficiency improvements, those renewable
18energy improvements, and those water use improvements. It is
19not necessary to file a copy of the notice of public hearing
20with the County Clerk as otherwise required by Section 27-75 of
21the Special Service Area Tax Law. The contract or agreement
22entered into with the owner of the property shall be conclusive
23as to the due authorization and establishment of the applicable
24green special service area as it relates to those energy
25efficiency improvements, those renewable energy improvements,
26and those water use improvements and the amount of the special

 

 

SB3052- 17 -LRB098 16411 HLH 51476 b

1service area taxes to be levied and extended against the real
2property on which such energy efficiency improvements, such
3renewable energy improvements and such water use improvements
4are located. A contract or agreement may specify the amount of
5the special service area taxes levied pursuant to this Section
6on the real property on which the applicable energy efficiency
7improvements, renewable energy improvements, water use
8improvements, or a combination thereof are located or as
9applicable to the principal of and interest on bonds issued,
10including as a part of a larger pooled or composite issue, for
11financing such energy efficiency improvements, renewable
12energy improvements or water use improvements. The specified
13special service area tax levies in a contract or agreement when
14recorded as provided in subsection (c) of this Section and
15filed in the office of the recorder of the county where the
16real property is located shall be authority for each affected
17municipality or county to extend and collect the levied special
18service area taxes for the applicable municipality or county,
19or both, with respect to each such contract or agreement.
20    In the event that a municipality establishes a green
21special service area pursuant to this Section, the county clerk
22of the county in which the green special service area is
23located may agree to extend, and the county collector of that
24county may agree to collect, distribute, and account for, the
25special service area taxes on behalf of the municipality upon
26the establishment of the green special service area or at any

 

 

SB3052- 18 -LRB098 16411 HLH 51476 b

1time thereafter. Upon agreement, the county clerk shall
2continue to extend, and the county collector shall continue to
3collect, distribute, and account for the levied special service
4area taxes until the green special service area is dissolved.
5If the county clerk and the county collector agree to extend,
6collect, and account for the levied special service area taxes,
7the ordinance levying the special service area taxes in a green
8special service area shall be filed with the county clerk of
9that county. A municipality that establishes a green special
10service area may extend and collect the special service area
11taxes, and send out a separate tax bill with respect to those
12levied taxes.
13    (c) The contract or agreement in subsection (b) of this
14Section shall be in recordable form and shall be recorded in
15the office of the recorder in the county where the real
16property is located. Notwithstanding any other law to the
17contrary, a lien created by such recording shall not be senior
18to or in any manner have priority over any mortgage, judgment,
19or other lien upon the underlying parcel that was recorded
20prior to the recording of the contract or agreement identified
21in subsection (b).
22    (d) Any municipality or county with the authority to
23provide special service area financing in connection with green
24special service area projects, as provided in the Special
25Service Area Tax Law, may do any of the following: (i) issue
26special service area bonds pursuant to Section 27-45 of the

 

 

SB3052- 19 -LRB098 16411 HLH 51476 b

1Special Service Area Tax Law, as provided in subsection (a) of
2this Section, (ii) sell or assign those bonds to the Illinois
3Finance Authority, and (iii) assign or pledge those special
4service area bonds, agreements relating to green special
5service area projects, or both to the Illinois Finance
6Authority.
7    (e) This Section shall be liberally construed to effect the
8legislative purpose of enabling property owners to make energy
9efficiency improvements, renewable energy improvements, or
10water use improvements, or any combination thereof, to their
11properties.
 
12    Section 15. The Counties Code is amended by changing
13Section 5-1005 as follows:
 
14    (55 ILCS 5/5-1005)  (from Ch. 34, par. 5-1005)
15    Sec. 5-1005. Powers. Each county shall have power:
16        1. To purchase and hold the real and personal estate
17    necessary for the uses of the county, and to purchase and
18    hold, for the benefit of the county, real estate sold by
19    virtue of judicial proceedings in which the county is
20    plaintiff.
21        2. To sell and convey or lease any real or personal
22    estate owned by the county.
23        3. To make all contracts and do all other acts in
24    relation to the property and concerns of the county

 

 

SB3052- 20 -LRB098 16411 HLH 51476 b

1    necessary to the exercise of its corporate powers.
2        4. To take all necessary measures and institute
3    proceedings to enforce all laws for the prevention of
4    cruelty to animals.
5        5. To purchase and hold or lease real estate upon which
6    may be erected and maintained buildings to be utilized for
7    purposes of agricultural experiments and to purchase, hold
8    and use personal property for the care and maintenance of
9    such real estate in connection with such experimental
10    purposes.
11        6. To cause to be erected, or otherwise provided,
12    suitable buildings for, and maintain a county hospital and
13    necessary branch hospitals and/or a county sheltered care
14    home or county nursing home for the care of such sick,
15    chronically ill or infirm persons as may by law be proper
16    charges upon the county, or upon other governmental units,
17    and to provide for the management of the same. The county
18    board may establish rates to be paid by persons seeking
19    care and treatment in such hospital or home in accordance
20    with their financial ability to meet such charges, either
21    personally or through a hospital plan or hospital
22    insurance, and the rates to be paid by governmental units,
23    including the State, for the care of sick, chronically ill
24    or infirm persons admitted therein upon the request of such
25    governmental units. Any hospital maintained by a county
26    under this Section is authorized to provide any service and

 

 

SB3052- 21 -LRB098 16411 HLH 51476 b

1    enter into any contract or other arrangement not prohibited
2    for a hospital that is licensed under the Hospital
3    Licensing Act, incorporated under the General
4    Not-For-Profit Corporation Act, and exempt from taxation
5    under paragraph (3) of subsection (c) of Section 501 of the
6    Internal Revenue Code.
7        7. To contribute such sums of money toward erecting,
8    building, maintaining, and supporting any non-sectarian
9    public hospital located within its limits as the county
10    board of the county shall deem proper.
11        8. To purchase and hold real estate for the
12    preservation of forests, prairies and other natural areas
13    and to maintain and regulate the use thereof.
14        9. To purchase and hold real estate for the purpose of
15    preserving historical spots in the county, to restore,
16    maintain and regulate the use thereof and to donate any
17    historical spot to the State.
18        10. To appropriate funds from the county treasury to be
19    used in any manner to be determined by the board for the
20    suppression, eradication and control of tuberculosis among
21    domestic cattle in such county.
22        11. To take all necessary measures to prevent forest
23    fires and encourage the maintenance and planting of trees
24    and the preservation of forests.
25        12. To authorize the closing on Saturday mornings of
26    all offices of all county officers at the county seat of

 

 

SB3052- 22 -LRB098 16411 HLH 51476 b

1    each county, and to otherwise regulate and fix the days and
2    the hours of opening and closing of such offices, except
3    when the days and the hours of opening and closing of the
4    office of any county officer are otherwise fixed by law;
5    but the power herein conferred shall not apply to the
6    office of State's Attorney and the offices of judges and
7    clerks of courts and, in counties of 500,000 or more
8    population, the offices of county clerk.
9        13. To provide for the conservation, preservation and
10    propagation of insectivorous birds through the expenditure
11    of funds provided for such purpose.
12        14. To appropriate funds from the county treasury and
13    expend the same for care and treatment of tuberculosis
14    residents.
15        15. In counties having less than 1,000,000
16    inhabitants, to take all necessary or proper steps for the
17    extermination of mosquitoes, flies or other insects within
18    the county.
19        16. To install an adequate system of accounts and
20    financial records in the offices and divisions of the
21    county, suitable to the needs of the office and in
22    accordance with generally accepted principles of
23    accounting for governmental bodies, which system may
24    include such reports as the county board may determine.
25        17. To purchase and hold real estate for the
26    construction and maintenance of motor vehicle parking

 

 

SB3052- 23 -LRB098 16411 HLH 51476 b

1    facilities for persons using county buildings, but the
2    purchase and use of such real estate shall not be for
3    revenue producing purposes.
4        18. To acquire and hold title to real property located
5    within the county, or partly within and partly outside the
6    county by dedication, purchase, gift, legacy or lease, for
7    park and recreational purposes and to charge reasonable
8    fees for the use of or admission to any such park or
9    recreational area and to provide police protection for such
10    park or recreational area. Personnel employed to provide
11    such police protection shall be conservators of the peace
12    within such park or recreational area and shall have power
13    to make arrests on view of the offense or upon warrants for
14    violation of any of the ordinances governing such park or
15    recreational area or for any breach of the peace in the
16    same manner as the police in municipalities organized and
17    existing under the general laws of the State. All such real
18    property outside the county shall be contiguous to the
19    county and within the boundaries of the State of Illinois.
20        19. To appropriate funds from the county treasury to be
21    used to provide supportive social services designed to
22    prevent the unnecessary institutionalization of elderly
23    residents, or, for operation of, and equipment for, senior
24    citizen centers providing social services to elderly
25    residents.
26        20. To appropriate funds from the county treasury and

 

 

SB3052- 24 -LRB098 16411 HLH 51476 b

1    loan such funds to a county water commission created under
2    the "Water Commission Act", approved June 30, 1984, as now
3    or hereafter amended, in such amounts and upon such terms
4    as the county may determine or the county and the
5    commission may agree. The county shall not under any
6    circumstances be obligated to make such loans. The county
7    shall not be required to charge interest on any such loans.
8        21. To appropriate and expend funds from the county
9    treasury for economic development purposes, including the
10    making of grants to any other governmental entity or
11    commercial enterprise deemed necessary or desirable for
12    the promotion of economic development in the county.
13        22. To lease space on a telecommunications tower to a
14    public or private entity.
15        23. In counties having a population of 100,000 or less
16    and a public building commission organized by the county
17    seat of the county, to cause to be erected or otherwise
18    provided, and to maintain or cause to be maintained,
19    suitable facilities to house students pursuing a
20    post-secondary education at an academic institution
21    located within the county. The county may provide for the
22    management of the facilities.
23        24. To engage in and undertake activities related to
24    and in connection with energy efficiency improvements,
25    renewable energy improvements, and water use improvements,
26    all as defined in the Special Service Area Tax Law,

 

 

SB3052- 25 -LRB098 16411 HLH 51476 b

1    including, but not limited to, green special service area
2    tax financing for energy efficiency improvements,
3    renewable energy improvements, and water use improvements
4    whether on public or private property, under the Special
5    Service Area Tax Law. This item shall be liberally
6    construed to effect the legislative purpose of enabling
7    property owners to make energy efficiency improvements,
8    renewable energy improvements, and water use improvements
9    to or serving the designated properties.
10    All contracts for the purchase of coal under this Section
11shall be subject to the provisions of "An Act concerning the
12use of Illinois mined coal in certain plants and institutions",
13filed July 13, 1937, as amended.
14(Source: P.A. 95-197, eff. 8-16-07; 95-813, eff. 1-1-09;
1596-622, eff. 8-24-09.)
 
16    Section 20. The Illinois Municipal Code is amended by
17adding Division 15.4 to Article 11 as follows:
 
18    (65 ILCS 5/Art. 11 Div. 15.4 heading new)
19
DIVISION 15.4. GREEN SPECIAL SERVICE AREAS

 
20    (65 ILCS 5/11-15.4-1 new)
21    Sec. 11-15.4-1. Green special service areas. Each
22municipality shall have the power and authority to engage in
23and undertake activities related to and in connection with

 

 

SB3052- 26 -LRB098 16411 HLH 51476 b

1energy efficiency improvements, renewable energy improvements,
2and water use improvements, all as defined in the Special
3Service Area Tax Law, including, but not limited to, green
4special service area tax financing for those energy efficiency
5improvements, renewable energy improvements, and water use
6improvements whether on public or private property, under the
7Special Service Area Tax Law. This Section shall be liberally
8construed to effect the legislative purpose of enabling
9property owners to make energy efficiency improvements,
10renewable energy improvements, or water use improvements to or
11serving the designated properties.
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.

 

 

SB3052- 27 -LRB098 16411 HLH 51476 b

1 INDEX
2 Statutes amended in order of appearance
3    20 ILCS 3501/820-10
4    20 ILCS 3501/820-20
5    20 ILCS 3501/820-25
6    20 ILCS 3501/820-37 new
7    35 ILCS 200/27-5
8    35 ILCS 200/27-97 new
9    55 ILCS 5/5-1005from Ch. 34, par. 5-1005
10    65 ILCS 5/Art. 11 Div.
11    15.4 heading new
12    65 ILCS 5/11-15.4-1 new