103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2164

 

Introduced 2/10/2023, by Sen. Sara Feigenholtz

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Business Improvement District Law. Provides for the establishment of business improvement districts by a county or municipality by ordinance after petition of a percentage of property owners or business owners, creation of a district plan, notice, and hearings. Provides that a business improvement district may impose district charges on property owners whose real properties are located within the business improvement district or on businesses within a business improvement district. Provides that the county or municipality shall contract with a district management association to administer or implement activities and improvements specified in the district plan. Contains provisions relating to district plans, formation of a district, district boundaries, issuance of bonds, terms and renewal of districts, amendment to district plans, governance of the district, reports of a district management association, dissolution, and legislative purpose. Limits the concurrent exercise of home rule powers. Defines terms. Effective 120 days after becoming law.


LRB103 30772 AWJ 57256 b

 

 

A BILL FOR

 

SB2164LRB103 30772 AWJ 57256 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
5Business Improvement District Law.
 
6    Section 5. Purpose. The General Assembly finds that it is
7in the interest of the State of Illinois to promote the
8economic revitalization and physical maintenance of business
9districts in order to create jobs, attract new businesses,
10retain existing businesses, reduce crime, and spur new
11investments. The General Assembly finds that this purpose may
12best be accomplished by allowing business improvement
13districts to fund business-related activities and improvements
14through the levy of district charges upon the owners of real
15property that receive benefits from those activities and
16improvements.
 
17    Section 10. Definitions. As used in this Act:
18    "Activities" means services provided for the purpose of
19conferring benefit upon owners of property located within a
20business improvement district, including, but not limited to:
21        (1) promotion of events taking place within the
22    business improvement district;

 

 

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1        (2) furnishing of music;
2        (3) promotion of tourism within the business
3    improvement district;
4        (4) marketing and economic development, including
5    retail retention and recruitment;
6        (5) providing security, sanitation, graffiti removal,
7    street and sidewalk cleaning, and other services
8    supplemental to base services; and
9        (6) other services provided for the purpose of
10    conferring benefit upon owners of property located within
11    the business improvement district.
12    "Activities" does not include lobbying, as that term is
13defined in Section 2 of the Lobbyist Registration Act and
14Chapter 2-156 of the Municipal Code of Chicago.
15    "Base services" means services provided by any public
16entity, or paid for wholly or in part out of public funds,
17generally throughout a governmental unit to real property
18within the governmental unit.
19    "Business improvement district" means a contiguous area
20within a governmental unit in which activities, improvements,
21or activities and improvements are provided in addition to
22base services. Territory shall be considered contiguous for
23purposes of this Act even though certain completely surrounded
24portions of the territory are excluded from the business
25improvement district. For purposes of this Act, parcels are
26within the same contiguous area if they touch or join one

 

 

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1another in a reasonably substantial physical sense or if they
2meet the criteria for annexation to a municipality under
3Section 7-1-1 of the Illinois Municipal Code.
4    "Clerk" means the county clerk or municipal clerk, as the
5case may be.
6    "District charge" means a charge levied on behalf of a
7business improvement district for the purpose of acquiring,
8constructing, installing, or maintaining improvements or
9providing activities that will confer special benefits upon
10assessed property owners within the business improvement
11district. District charges levied for the purpose of
12conferring special benefits upon assessed property owners
13within a business improvement district are not taxes for the
14general benefit of a governmental unit, even if real property
15or persons not charged receive incidental or collateral
16beneficial effects.
17    "District management association" means a private or
18not-for-profit entity that enters into a contract with a
19governmental unit to administer or implement activities and
20improvements specified in the district plan for a business
21improvement district. A district management association shall
22not be considered a public entity for any purpose.
23    "District plan" means a proposal for a business
24improvement district that contains the information described
25in Section 15.
26    "Downtown area" has the meaning given to that term in

 

 

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1Section 17-1-1500-A of the Chicago Zoning Ordinance.
2    "Governing body" means the corporate authorities of a
3municipality or a county board or board of county
4commissioners, as the case may be.
5    "Governmental unit" means a county or municipality, as the
6case may be.
7    "Improvements" means the acquisition, construction,
8installation, or maintenance of any tangible property provided
9for the purpose of conferring benefit upon assessed property
10owners located within a business improvement district.
11    "Property owner" or "owner" means the record owner of fee
12simple interest in a real property subject to assessment,
13which will be deemed to be the person or entity that pays
14property taxes on the real property according to county
15records, unless another person or entity establishes to the
16governmental unit by clear and convincing evidence that they
17are the record owner of the fee simple interest.
18    "Public entity" means (i) the State or any agency, board,
19or commission of the State, (ii) any school district, or (iii)
20any unit of local government.
 
21    Section 15. District plan.
22    (a) A business improvement district established under this
23Act is subject to and governed by a district plan, as may be
24amended as set forth in Section 65, and filed with the clerk.
25    (b) The district plan shall include, but need not be

 

 

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1limited to, the following:
2        (1) The name of the business improvement district.
3        (2) A map of the business improvement district in
4    sufficient detail to allow a property owner to reasonably
5    determine whether a parcel of real property is located
6    within the boundaries of the business improvement
7    district.
8        (3) A description of the boundaries of the business
9    improvement district in a manner sufficient to identify
10    the real property included in the business improvement
11    district.
12        (4) The initial term of the business improvement
13    district.
14        (5) A statement identifying the activities and
15    improvements within the business improvement district that
16    may be provided from time to time for which property
17    owners will be charged and that the activities and
18    improvements that are provided may vary from year to year
19    and may differ by class.
20        (6) A statement identifying the maximum amount of the
21    annual district charge to be levied and that the maximum
22    amount of the annual district charge levied may vary from
23    year to year.
24        (7) A statement identifying the maximum amount of
25    total district charges to be levied for the term of the
26    business improvement district.

 

 

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1        (8) A statement identifying the proposed source or
2    sources of financing, including the proposed method and
3    basis of levying an assessment, in sufficient detail to
4    allow each property owner to calculate (i) the estimated
5    amount of the district charge to be levied upon the
6    property owner annually, (ii) the maximum amount of the
7    district charge that could be levied upon the property
8    owner annually, and (iii) the total amount of the district
9    charges that could be levied upon the property owner for
10    the term of the business improvement district. The
11    statement shall specify whether bonds may be issued to
12    finance activities and improvements, and the anticipated
13    term for the bonds.
14        (9) Any interest or penalties that may be imposed for
15    delinquent payment of a district charge.
16        (10) A list of the real property subject to a district
17    charge, and a statement of any proposed classifications.
18    The list shall include the permanent tax index number of
19    each parcel located within the business improvement
20    district.
21        (11) A statement of the real property classes exempt
22    from charge, and a list of the real property to be
23    exempted.
24        (12) A statement identifying the proposed procedures
25    for renewal, subject to the limitations under Section 60.
26        (13) A statement identifying the district management

 

 

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1    association, the district management association's
2    governance structure, and the district management
3    association's anticipated liability insurance coverage
4    limits.
5        (14) A statement identifying how unspent revenue
6    collected from district charges may be allocated, carried
7    over year to year, or returned to the property owners at
8    the end of each year by applying the same method and basis
9    that was used to calculate the district charges levied
10    throughout the term of the business improvement district.
11        (15) The manner by which a property owner may contest
12    the calculation of a specific district charge.
13        (16) Any proposed rules and regulations to be applied
14    to the business improvement district.
 
15    Section 20. Assessments and district charges.
16    (a) Each district plan shall provide for an assessment
17levied upon property owners owning property within the
18business improvement district upon which district charges are
19based. District charges shall be levied at a rate or amount
20sufficient to produce revenues required to provide the
21activities and improvements specified in the district plan.
22The revenue from the levy of district charges within a
23business improvement district shall not be used to provide
24services outside the business improvement district or for any
25purpose other than the purposes set forth in the ordinance

 

 

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1adopting the district plan.
2    (b) District charges shall be levied on the basis of the
3estimated benefit to the real property located within the
4business improvement district. In determining the assessment,
5the district management association may reasonably classify
6real property for purposes of determining benefit if so
7provided in the district plan. The classification may be based
8on various factors, including, as applicable, square footage,
9geography, or any other factor reasonably relating to the
10benefit received. Certain classes may be specified in the
11district plan as exempted from being charged if they would not
12receive a special benefit from the activities and
13improvements. District charges need not be imposed on
14different classes on the same basis or the same rate.
15    (c) District charges levied upon property owners owning
16property within the business improvement district may be
17billed and collected as follows:
18        (1) a county that has established a business
19    improvement district may include district charges in the
20    regular property tax bills of the county. The county
21    collector of the county in which a business improvement
22    district is located may also bill and collect district
23    charges with the regular property tax bills of the county
24    if requested by a municipality within its jurisdiction
25    that has established a business improvement district;
26    however, no municipality is required to make this request

 

 

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1    of its county collector. If the county collector agrees to
2    bill and collect district charges with the regular
3    property tax bills of the county, then the applicable
4    district plan shall be filed with the county collector and
5    the annual amount due as set forth by the district
6    management association shall become due in installments at
7    the times property taxes shall become due in accordance
8    with each regular property tax bill payable during the
9    year in which the assessment comes due; or
10        (2) if the county collector does not agree to bill and
11    collect district charges with the regular property tax
12    bills of the county or the governmental unit that has
13    established the business improvement district declines to
14    request the county collector to do so, then the
15    governmental unit shall bill and collect the assessments,
16    either directly or through a third party, and the annual
17    amount due as set forth by the district management
18    association in accordance with the district plan shall
19    become due in installments on or about the times property
20    taxes would otherwise become due in accordance with each
21    regular property tax bill payable during the year in which
22    the assessment comes due.
23    (d) District charges shall be payable at the times and in
24the manner set forth in the applicable bill. Delinquent
25payments for district charges levied pursuant to this Act may
26be charged interest and penalties as may be set forth in the

 

 

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1district plan.
2    (e) District charges shall promptly, and in no case later
3than 90 days after collection, be remitted by the governmental
4unit to the district management association.
 
5    Section 25. Boundaries of business improvement district.
6    (a) The boundaries of a proposed business improvement
7district shall not overlap with the boundaries of another
8business improvement district or with the boundaries of a
9special service area established pursuant to the Special
10Service Area Tax Law.
11    (b) The boundaries of any proposed business improvement
12district may overlap with the boundaries of a tax increment
13financing district.
14    (C) A county may establish a business improvement district
15within a municipality or municipalities only when the
16municipality or municipalities consent to the establishment of
17the business improvement district. A municipality may
18establish a business improvement district within the
19municipality and the unincorporated area of a county or within
20another municipality only when the county or other
21municipality consents to the establishment of the business
22improvement district.
 
23    Section 30. Proposals to establish a business improvement
24district.

 

 

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1    (a) To propose a business improvement district, a written
2petition shall be filed with the clerk and shall include the
3name and legal status of the filing party, information
4specifying where the complete district plan can be obtained,
5and a summary of the district plan that includes: the
6boundaries of the proposed business improvement district; the
7proposed activities and improvements, and estimated amount of
8annual funding required; the method of assessment; and the
9total amount of the proposed district charges. The information
10contained in the summary shall be sufficient if it enables a
11property owner to generally identify the location and extent
12of the proposed business improvement district, the nature and
13extent of the activities and improvements, the estimated
14annual district charge that the property owner would pay, and
15the maximum annual district charge that the property owner
16would pay.
17    (b) Upon receiving a written petition to establish a
18business improvement district and concluding that the petition
19meets the requirements of Section 80, the clerk shall submit
20the petition to the governing body.
 
21    Section 35. Resolution of intent to consider establishment
22of a business improvement district. After receiving a verified
23petition from the clerk, the governing body shall adopt a
24resolution of intention to consider the establishment of a
25business improvement district. The resolution shall state the

 

 

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1time and place of a public hearing to be held by the governing
2body to consider establishment of a business improvement
3district and shall restate all the information contained in
4the petition regarding the boundaries of the proposed business
5improvement district, the proposed activities and
6improvements, and estimated amount of annual funding required,
7the method of assessment, and the total amount of the proposed
8district charges anticipated for the initial term of the
9business improvement district.
 
10    Section 40. Establishment.
11    (a) Within 30 days after the public hearing to consider
12establishment of a business improvement district, the party
13who filed the district plan with the clerk may modify the
14district plan, including to satisfy any applicable legal
15requirements or remedy any deficiencies, prior to the adoption
16of an ordinance establishing a business improvement district.
17Any modification to the district plan that changes the source
18or sources of financing, including the method and basis of
19levying the assessment or an increase or reduction in the
20maximum annual amount or maximum total amount of the
21assessment against one or more properties within the business
22improvement district, the procedures for renewal, the
23boundaries of a business improvement district, the district
24management association's governance structure, the activities
25and improvements to be provided within the business

 

 

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1improvement district, or a change to the filing party must be
2approved by a written petition that conforms to the petition
3signature requirements set forth in Section 80. If the
4district plan is so modified, the governing body shall call an
5additional public hearing to hear and consider objections to
6the modified district plan prior to the adoption of an
7ordinance establishing a business improvement district.
8    (b) If, following all required public hearings, the
9governing body decides to establish a business improvement
10district, the governing body shall adopt an ordinance
11establishing the business improvement district that shall
12include, but is not limited to, all the following information:
13        (1) A detailed description of: the boundaries of the
14    proposed business improvement district, which may be made
15    by reference to a plan or map; the proposed activities and
16    improvements, and an estimated amount of annual funding
17    required; the method of assessment; the maximum amount of
18    annual district charges; and the total amount of the
19    proposed district charges for the initial term of the
20    business improvement district. The descriptions shall be
21    sufficient if the descriptions enable a property owner to
22    generally identify the location and extent of the proposed
23    business improvement district, the nature and extent of
24    the activities and improvements, and the maximum annual
25    district charge that the property owner would pay.
26        (2) The time and place where any public hearing

 

 

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1    concerning the establishment of the business improvement
2    district was held.
3        (3) A statement that the activities and improvements
4    to be conferred upon property owners will be funded by the
5    levy of district charges.
6        (4) A statement on whether bonds will be issued.
7        (5) A finding that each item in the district plan
8    satisfies all applicable legal requirements and that
9    establishing the business improvement district is in the
10    public interest.
11        (6) The adoption of the district plan, as may be
12    modified pursuant to subsection (a), including each item
13    set forth in Section 15.
14        (7) A statement identifying the entity that will be
15    responsible for administering district charges, including
16    the functions of billing, collecting, and enforcement,
17    pursuant to Section 20.
18        (8) Authorization for the governmental unit to remit
19    district charges to the district management association
20    for the provision of activities and improvement.
21        (9) The deadline and manner for submitting the annual
22    report required in Section 70.
 
23    Section 45. Activities and improvements.
24    (a) Upon establishment of a business improvement district,
25the governing body may levy and collect the district charge

 

 

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1pursuant to Section 20 as allowed by the district plan and the
2ordinance adopting the district plan.
3    (b) Activities and improvements provided pursuant to this
4Act shall be provided in addition to base services. The
5appropriate governmental unit shall continue to provide the
6same level of base services in any business improvement
7district as is provided to other real property within the
8governmental unit. The district management association shall
9not be expected or required to supplement any base services,
10but the district management association may supplement any
11base services within the business improvement district in
12accordance with the district plan.
 
13    Section 50. Governance.
14    (a) For each business improvement district, the
15governmental unit shall contract with the district management
16association designated in the district plan to administer the
17operation of and provide for and maintain activities and
18improvements in and for a business improvement district. The
19contract may provide for the provision and maintenance of
20activities and improvements by one or more subcontractors of a
21district management association.
22    (b) The certificate of incorporation or bylaws of a
23district management association shall provide for voting
24representation of owners whose real property is located within
25the business improvement district, and may provide that the

 

 

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1votes be weighted in proportion to the district charge levied
2or to be levied upon property owners within the business
3improvement district, except in no case shall the total number
4of votes assigned to one owner exceed 20% of the total number
5of votes which may be cast. Not less than 80% of a district
6management association's board of directors shall be composed
7of property owners or representatives of property owners
8within the business improvement district, and the composition
9shall generally be described in the statement identifying the
10district management association's governance structure in the
11district plan.
12    (c) In addition to other powers as are conferred on it by
13law, the district management association may make
14recommendations to the governing body with respect to any
15matter involving or relating to the business improvement
16district.
17    (d) For consideration as it may deem appropriate, the
18governing body may license or grant to the district management
19association the right to undertake or permit commercial
20activities or other private uses of the streets or other parts
21of the business improvement district in which the governmental
22unit has any real property interest.
 
23    Section 55. Issuance of bonds. A governmental unit may
24issue bonds in the amounts and for the periods necessary to
25finance activities and improvements if authorized by the

 

 

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1ordinance establishing the business improvement district.
2District charges levied in a business district shall be
3pledged to secure the bonds and district charges levied in 2 or
4more business improvement districts may be pledged to secure a
5single bond issue benefiting the business improvement
6districts. The district charge shall be levied on a basis that
7provides a rational relationship between the amount of the
8district charge against each property owner in each business
9improvement district and the benefit received. Bonds issued
10pursuant to this Act shall not be regarded as indebtedness of
11the governmental unit for the purpose of any limitation
12imposed by any law. The term of any bonds issued pursuant to
13this Act shall be limited to the term of the business
14improvement district, including any renewal period. A
15governmental unit may set forth additional requirements by
16ordinance prior to bond issuance.
 
17    Section 60. Term; renewal.
18    (a) The initial term for a business improvement district
19shall be a maximum of 5 years or, if bonds are authorized to be
20issued for the business improvement district, until the
21maximum maturity of those bonds. Any business improvement
22district may be renewed one or more times by following the
23procedures for renewal as provided in the district plan if
24each property owner that is subject to assessment is notified
25of a pending renewal. A renewal shall not go into effect when,

 

 

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1prior to the effective date of the renewal, a written petition
2seeking termination of the renewal that conforms to the
3petition signature requirements set forth in Section 80 is
4delivered to the clerk.
5    (b) Upon each renewal, a business improvement district
6shall have an additional term not to exceed 15 years, or, if
7bonds are authorized to be issued for the business improvement
8district, until the maximum maturity of those bonds. Prior to
9renewal, the ordinance adopting the district plan may be
10amended pursuant to Section 65, with the amendments to take
11effect upon renewal.
12    (c) Upon renewal, any remaining revenues derived from the
13levy of district charges, or any revenues derived from the
14sale of assets acquired with the revenues, shall be
15transferred to the district management association of the
16renewed business improvement district. If the renewed business
17improvement district includes additional real property not
18included within the prior business improvement district, the
19remaining revenues shall be spent to benefit only the real
20property within the boundaries of the prior business
21improvement district. If the renewed business improvement
22district does not include real property included in the prior
23business improvement district, the remaining revenues
24attributable to that real property shall be refunded to the
25property owners of that real property.
 

 

 

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1    Section 65. Amendments.
2    (a) Upon the written request of the district management
3association, the governing body may amend the ordinance
4adopting the district plan upon which the establishment or
5renewal of the business improvement district was based as set
6forth in this Section.
7    (b) Amendments that provide for any change to the source
8or sources of financing, including the method and basis of
9levying the assessment or an increase in the maximum annual
10district charge or the maximum total district charges for the
11term of the business improvement district, or that provide for
12any change to the procedures for renewal may be adopted by the
13governing body by ordinance if, after a public hearing, the
14governing body determines that it is in the public interest to
15authorize the change to the source or sources of financing or
16to authorize the change to the procedures for renewal.
17    (c) Amendments that provide for a change to the boundaries
18of a business improvement district may be adopted by the
19governing body by ordinance if, after a public hearing, the
20governing body determines that it is in the public interest to
21authorize the change to the boundaries of the business
22improvement district and, if applicable, that all newly
23included property will benefit from the activities and
24improvements provided. The governing body may change the
25boundaries of a business improvement district by either
26expanding or reducing the existing boundaries. If the change

 

 

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1to the boundaries is an expansion to existing boundaries, the
2expansion area must be contiguous with an existing boundary
3and the assessments upon property owners in the expansion area
4shall be established pursuant to Section 20. The governing
5body may consider an expansion to the boundaries of a business
6improvement district only upon receipt of a written petition
7of property owners within the proposed expansion area that
8conforms to the petition signature requirements set forth in
9Section 80. Any revenues that are unspent at the time of an
10amendment expanding the boundaries of a business improvement
11district shall be spent to benefit only the real property
12within the prior boundaries of the business improvement
13district. If the change to the boundaries is a reduction to
14existing boundaries, any revenues that are unspent at the time
15of the amendment and are associated with real property that is
16being removed from the business improvement district, then
17those remaining revenues shall be refunded to the property
18owners of the real property. Any amendment that changes the
19boundaries of a business improvement district shall provide an
20updated map of the business improvement district that reflects
21the expansion or reduction of its boundaries.
22    (d) Notice shall be given and public hearings shall be
23held in accordance with Sections 85 and 90.
24    (e) Amendments not provided for in subsection (b) or (c)
25may be adopted by the governing body by ordinance without
26notice and a public hearing if the governing body determines

 

 

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1that the amendments are consistent with the objectives of the
2district plan and are in the public interest to approve the
3amendment.
 
4    Section 70. Reports.
5    (a) The district management association shall prepare or
6have prepared a report for each fiscal year, except the first
7fiscal year, for which district charges are to be levied and
8collected to pay the costs of activities and improvements. The
9district management association's first report shall be
10submitted after the first year of operation of the business
11improvement district.
12    (b) The report shall be submitted to the governing body,
13and to each property owner subject to a district charge upon
14request, and shall be made available for public inspection.
15The report shall refer to the business improvement district by
16name, specify the fiscal year to which the report applies,
17and, with respect to that fiscal year, shall contain, but is
18not limited to, all the following information:
19        (1) The anticipated activities and improvements to be
20    provided in that fiscal year.
21        (2) An estimate of the cost of providing the
22    anticipated activities and improvements in that fiscal
23    year.
24        (3) The estimated amount of any surplus or deficit
25    revenues to be carried over from a previous fiscal year.

 

 

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1    (c) In addition to the annual reporting requirement, the
2district management association shall notify the governing
3body of any proposed infrastructure or capital project in
4excess of $50,000 within a reasonable time.
 
5    Section 75. Dissolution.
6    (a) After a public hearing on the subject of dissolution,
7the governing body may dissolve by ordinance any business
8improvement district in either of the following circumstances:
9        (1) If the governing body finds there has been
10    misappropriation of funds, malfeasance, or a violation of
11    law in connection with the management of the business
12    improvement district; or
13        (2) Each year during the term of the business
14    improvement district, there shall be a 60-day period in
15    which property owners who paid more than 50% of the total
16    of district charges levied in the prior year may request
17    dissolution of a business improvement district by a
18    written petition that conforms to the petition signature
19    requirements set forth in Section 80. The first period
20    shall begin 60 days prior to one year after the date of
21    establishment of the district and shall continue for 60
22    days. The next 60-day period shall begin 60 days prior to 2
23    years after the date of the establishment of the district.
24    Each successive year during the term of the district shall
25    have a 60-day period beginning 60 days after the

 

 

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1    anniversary of the date of the establishment of the
2    district.
3    (b) The governing body shall adopt a resolution of
4intention to dissolve the business improvement district prior
5to a public hearing required by this section. The resolution
6shall state the reason for the dissolution, shall state the
7time and place of the public hearing, and shall contain a
8proposal to dispose of any assets acquired with the revenues
9of district charges levied on behalf of the business
10improvement district in accordance with subsection (d).
11    (c) Notice shall be given and public hearings shall be
12held in accordance with Sections 85 and 90.
13    (d) Upon the dissolution or expiration without renewal of
14a district, and after all outstanding debts are paid, any
15remaining revenues derived from the levy of district charges,
16including any remaining revenues from district charges
17collected after dissolution, or derived from the sale of
18assets acquired with these revenues or from bond reserve or
19construction funds, shall be either: (i) refunded to the
20property owners then located or operating within the business
21improvement district in which district charges were levied by
22applying the same method and basis that was used to calculate
23the district charges levied in the fiscal year in which the
24district dissolves or expires; or (ii) spent on activities or
25improvements specified in the district plan under a valid and
26enforceable contract executed by the district management

 

 

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1association prior to the dissolution. If the dissolution
2occurs before district charges are levied for the fiscal year,
3the method and basis that was used to calculate district
4charges levied in the immediate prior fiscal year shall be
5used to calculate the amount of any refund.
 
6    Section 80. Petition signature requirements. Any petition
7required by this Act must be signed by property owners in the
8proposed business improvement district or proposed expanded
9area of a business improvement district, as the case may be,
10who cumulatively are expected to pay more than 20% of the total
11of the district charges proposed to be levied. However, where
12the proposed business improvement district or proposed
13expanded area of a business improvement district is located
14wholly or in part in the downtown area, then the petition must
15be signed by property owners in the proposed business
16improvement district or expanded area of a business
17improvement district, as the case may be, who are expected to
18cumulatively pay more than 50% of the total of the district
19charges proposed to be levied. All signatures for a petition
20to establish or expand a business improvement district must be
21collected within a period ending no more than 120 days from the
22initiation of the petition, which date shall be specified on
23the petition.
 
24    Section 85. Manner of notice. The notice of any public

 

 

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1hearing required under this Act shall be given by publication
2and mailing. Notice by publication shall be given by
3publication at least once not less than 15 days prior to the
4public hearing in a newspaper of general circulation within
5the governmental unit. Notice by mailing shall be given by
6depositing the notice in the United States mail addressed to
7each owner subject to a district charge. Notice shall be
8mailed not less than 10 days prior to the time set for the
9public hearing. The mailed notice shall enclose, or include
10information allowing a property owner to obtain, a copy of the
11proposed district plan.
 
12    Section 90. Public hearings. At a public hearing held
13pursuant to this Act, any interested person, including all
14property owners owning real property located within a proposed
15or existing business improvement district, may file with the
16clerk written objections to or statements in support of, and
17may be heard orally, with respect to any matter embodied in the
18district plan or concerning the management of the business
19improvement district. The governing body shall hear and
20consider all statements and objections at the public hearing.
21The governing body may adjourn a public hearing to another
22date without further notice other than a motion fixing the
23time and place the public hearing will reconvene.
 
24    Section 95. Existing law. This Act provides an alternative

 

 

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1method of financing certain activities and improvements. The
2provisions of this Act do not affect or limit any other
3provisions of law authorizing or providing for the furnishing
4of activities or improvements or the raising of revenue for
5these purposes. Every special service area established
6pursuant to the Special Service Area Tax Law is unaffected by
7this Act.
 
8    Section 97. Local authority. A governmental unit may not
9establish or regulate business improvement districts in a
10manner inconsistent with this Act. This section is a denial
11and limitation of home rule powers and functions under
12subsection (h) of Section 6 of Article VII of the Illinois
13Constitution.
 
14    Section 99. Effective date. This Act takes effect 120 days
15after becoming law.