103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3753

 

Introduced 2/17/2023, by Rep. Maurice A. West, II

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Land Bank Authority Act. Authorizes the corporate authorities of a municipality or county, or 2 or more municipalities or counties, to create a land bank by ordinance (for the corporate authorities of a home rule municipality or county), by entering into an intergovernmental cooperation agreement (for the corporate authorities of 2 or more municipalities and counties), or by authority already provided to a county, municipality, or other taxing district prior to the effective date of the Act. Includes provisions relating to legislative findings and purpose, definitions, and interpretation of the Act. Effective immediately.


LRB103 30471 AWJ 56904 b

 

 

A BILL FOR

 

HB3753LRB103 30471 AWJ 56904 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 1. Short title. This Act may be cited as the Land
5Bank Authority Act.
 
6    Section 5. Definitions.As used in this Act, "land bank"
7means a public governmental entity created by one or more
8counties or municipalities in the manner set forth in this
9Act.
 
10    Section 10. Findings; purpose. Vacant, abandoned, and
11tax-delinquent properties negatively impact the health,
12safety, and property values of Illinois residents in
13communities across Illinois and require significant taxpayer
14expenditures to address these harmful impacts. The purpose of
15this Act is to allow Illinois municipalities, counties, and
16other taxing districts to create a land bank to facilitate the
17return of vacant, abandoned, and tax-delinquent properties to
18productive use, thereby combating community decline,
19stimulating economic growth, stabilizing neighborhoods, and
20having a positive impact on residents and the local tax base. A
21land bank created in accordance with this Act serves a public
22purpose required under Section 1 of Article VIII of the

 

 

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1Illinois Constitution.
 
2    Section 15. Interpretation.
3    (a) This Act shall be construed liberally, and all powers
4granted in this Act shall be broadly interpreted to carry out
5the Act's intended purposes and not as a limitation of powers.
6    (b) Nothing in this Act shall be interpreted to restrict
7or otherwise impose any additional limitations on the powers
8and authority already granted to municipalities and counties
9to create, establish, contract with, or operate an entity or
10agency to conduct land banking activities or other related
11activities, or to delegate certain governmental powers to a
12land bank as permitted by law.
13    (c) A land bank created by a municipality or county prior
14to the enactment of this Act in the manner described in
15paragraph (3) of Section 20 shall be considered a land bank
16created under this Act on the effective date of this Act.
 
17    Section 20. Creation of a land bank. The corporate
18authorities of a municipality or county, or 2 or more
19municipalities or counties, may create a land bank in one or
20more of the following ways:
21        (1) The corporate authorities of any home rule
22    municipality or county can create a land bank by passing
23    an ordinance.
24        (2) The corporate authorities of 2 or more

 

 

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1    municipalities and counties may create a land bank by
2    entering into an intergovernmental cooperation agreement
3    pursuant to the authority granted to such municipalities
4    or counties in Section 10 of Article VII of the Illinois
5    Constitution and the Illinois Intergovernmental
6    Cooperation Act if the land bank is created by one of the
7    following combinations of counties and municipalities:
8            (A) One or more counties and one or more
9        municipalities, at least one of which is a home rule
10        municipality; or
11            (B) At least 3 or more municipalities, including
12        at least one home rule municipality.
13        (3) The land bank is a public agency formed prior to
14    the effective date of this Act, pursuant to the authority
15    granted to municipalities, counties, or other taxing
16    districts in Section 10 of Article VII of the Illinois
17    Constitution and the Illinois Intergovernmental
18    Cooperation Act.
19    Notwithstanding the manner in which the land bank was
20created, a land bank created under this Act shall itself be a
21public agency, as that term is defined in Section 2 of the
22Illinois Intergovernmental Cooperation Act, and governmental
23body politic and corporate.
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.