Full Text of HB3091 103rd General Assembly
HB3091 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB3091 Introduced 2/17/2023, by Rep. William "Will" Davis SYNOPSIS AS INTRODUCED: | | 65 ILCS 5/11-74.3-3 | from Ch. 24, par. 11-74.3-3 |
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Amends the Illinois Municipal Code. Makes a technical change in a Section
concerning a
business development or redevelopment plan under the Act.
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| | A BILL FOR |
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| | | HB3091 | | LRB103 30965 AWJ 57545 b |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Municipal Code is amended by | 5 | | changing Section 11-74.3-3 as follows:
| 6 | | (65 ILCS 5/11-74.3-3) (from Ch. 24, par. 11-74.3-3)
| 7 | | Sec. 11-74.3-3. Powers of municipalities. In addition to | 8 | | the
the powers a municipality may now have, a municipality | 9 | | shall have the following
powers: | 10 | | (1) To make and enter into all contracts necessary or | 11 | | incidental to the implementation and furtherance of a | 12 | | business district plan. A contract by and between the | 13 | | municipality and any developer or other nongovernmental | 14 | | person to pay or reimburse said developer or other | 15 | | nongovernmental person for business district project costs | 16 | | incurred or to be incurred by said developer or other | 17 | | nongovernmental person shall not be deemed an economic | 18 | | incentive agreement under Section 8-11-20, notwithstanding | 19 | | the fact that such contract provides for the sharing, | 20 | | rebate, or payment of retailers' occupation taxes or | 21 | | service occupation taxes (including, without limitation, | 22 | | taxes imposed pursuant to subsection (10)) the | 23 | | municipality receives from the development or |
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| 1 | | redevelopment of properties in the business district. | 2 | | Contracts entered into pursuant to this subsection shall | 3 | | be binding upon successor corporate authorities of the | 4 | | municipality and any party to such contract may seek to | 5 | | enforce and compel performance of the contract by civil | 6 | | action, mandamus, injunction, or other proceeding. | 7 | | (2) Within a business district, to acquire by | 8 | | purchase, donation, or lease, and to own, convey, lease, | 9 | | mortgage, or dispose of land and other real or personal | 10 | | property or rights or interests therein; and to grant or | 11 | | acquire licenses, easements, and options with respect | 12 | | thereto, all in the manner and at such price authorized by | 13 | | law. No conveyance, lease, mortgage, disposition of land | 14 | | or other property acquired by the municipality, or | 15 | | agreement relating to the development of property, shall | 16 | | be made or executed except pursuant to prior official | 17 | | action of the municipality. No conveyance, lease, | 18 | | mortgage, or other disposition of land owned by the | 19 | | municipality, and no agreement relating to the development | 20 | | of property, within a business district shall be made | 21 | | without making public disclosure of the terms and | 22 | | disposition of all bids and proposals submitted to the | 23 | | municipality in connection therewith. | 24 | | (2.5) To acquire property by eminent domain in | 25 | | accordance with the Eminent Domain Act. | 26 | | (3) To clear any area within a business district by |
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| 1 | | demolition or removal of any existing buildings, | 2 | | structures, fixtures, utilities, or improvements, and to | 3 | | clear and grade land. | 4 | | (4) To install, repair, construct, reconstruct, or | 5 | | relocate public streets, public utilities, and other | 6 | | public site improvements within or without a business | 7 | | district which are essential to the preparation of a | 8 | | business district for use in accordance with a business | 9 | | district plan. | 10 | | (5) To renovate, rehabilitate, reconstruct, relocate, | 11 | | repair, or remodel any existing buildings, structures, | 12 | | works, utilities, or fixtures within any business | 13 | | district. | 14 | | (6) To construct public improvements, including but | 15 | | not limited to buildings, structures, works, utilities, or | 16 | | fixtures within any business district. | 17 | | (7) To fix, charge, and collect fees, rents, and | 18 | | charges for the use of any building, facility, or property | 19 | | or any portion thereof owned or leased by the municipality | 20 | | within a business district. | 21 | | (8) To pay or cause to be paid business district | 22 | | project costs. Any payments to be made by the municipality | 23 | | to developers or other nongovernmental persons for | 24 | | business district project costs incurred by such developer | 25 | | or other nongovernmental person shall be made only | 26 | | pursuant to the prior official action of the municipality |
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| 1 | | evidencing an intent to pay or cause to be paid such | 2 | | business district project costs. A municipality is not | 3 | | required to obtain any right, title, or interest in any | 4 | | real or personal property in order to pay business | 5 | | district project costs associated with such property. The | 6 | | municipality shall adopt such accounting procedures as | 7 | | shall be necessary to determine that such business | 8 | | district project costs are properly paid. | 9 | | (8.5) Utilize up to 1% of the revenue from a business | 10 | | district retailers' occupation tax and service occupation | 11 | | tax imposed under paragraph (10) and a hotel operators' | 12 | | occupation tax under paragraph (11) of Section 11-74.3-3 | 13 | | in connection with one business district for eligible | 14 | | costs in another business district that is: | 15 | | (A) contiguous to the business district from which | 16 | | the revenues are received; | 17 | | (B) separated only by a public right of way from | 18 | | the business district from which the revenues are | 19 | | received; or | 20 | | (C) separated only by forest preserve property | 21 | | from the business district from which the revenues are | 22 | | received if the closest boundaries of the business | 23 | | districts that are separated by the forest preserve | 24 | | property are less than one mile apart. | 25 | | (9) To apply for and accept grants, guarantees, | 26 | | donations of property or labor or any other thing of value |
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| 1 | | for use in connection with a business district project. | 2 | | (10) If the municipality has by ordinance found and | 3 | | determined that the business district is a blighted area | 4 | | under this Law, to impose a retailers' occupation tax and | 5 | | a service occupation tax in the business district for the | 6 | | planning, execution, and implementation of business | 7 | | district plans and to pay for business district project | 8 | | costs as set forth in the business district plan approved | 9 | | by the municipality. | 10 | | (11) If the municipality has by ordinance found and | 11 | | determined that the business district is a blighted area | 12 | | under this Law, to impose a hotel operators' occupation | 13 | | tax in the business district for the planning, execution, | 14 | | and implementation of business district plans and to pay | 15 | | for the business district project costs as set forth in | 16 | | the business district plan approved by the municipality.
| 17 | | (Source: P.A. 99-452, eff. 1-1-16 .)
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