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

    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

 

HB3091LRB103 30965 AWJ 57545 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by
5changing 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
8the the powers a municipality may now have, a municipality
9shall 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.)