Sen. William Delgado

Filed: 3/16/2016

 

 


 

 


 
09900SB2600sam001LRB099 18671 AWJ 46141 a

1
AMENDMENT TO SENATE BILL 2600

2    AMENDMENT NO. ______. Amend Senate Bill 2600 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Economic Development Area Tax Increment
5Allocation Act is amended by changing Section 9 as follows:
 
6    (20 ILCS 620/9)  (from Ch. 67 1/2, par. 1009)
7    Sec. 9. Powers of municipalities. In addition to powers
8which it may now have, any municipality has the power under
9this Act:
10    (a) To make and enter into all contracts necessary or
11incidental to the implementation and furtherance of an economic
12development plan.
13    (b) Within an economic development project area, to acquire
14by purchase, donation, lease or eminent domain, and to own,
15convey, lease, mortgage or dispose of land and other real or
16personal property or rights or interests therein; and to grant

 

 

09900SB2600sam001- 2 -LRB099 18671 AWJ 46141 a

1or acquire licenses, easements and options with respect
2thereto, all in the manner and at such price the municipality
3determines is reasonably necessary to achieve the objectives of
4the economic development project. No conveyance, lease,
5mortgage, disposition of land or other property acquired by the
6municipality, or agreement relating to the development of
7property, shall be made or executed except pursuant to prior
8official action of the municipality. No conveyance, lease,
9mortgage or other disposition of land, and no agreement
10relating to the development of property, shall be made without
11making public disclosure of the terms and disposition of all
12bids and proposals submitted to the municipality in connection
13therewith.
14    (c) To clear any area within an economic development
15project area by demolition or removal of any existing
16buildings, structures, fixtures, utilities or improvements,
17and to clear and grade land.
18    (d) To install, repair, construct, reconstruct or relocate
19public streets, public utilities, and other public site
20improvements within or without an economic development project
21area which are essential to the preparation of an economic
22development project area for use in accordance with an economic
23development plan.
24    (e) To renovate, rehabilitate, reconstruct, relocate,
25repair or remodel any existing buildings, improvements, and
26fixtures within an economic development project area.

 

 

09900SB2600sam001- 3 -LRB099 18671 AWJ 46141 a

1    (f) To construct, acquire, and operate public
2improvements, including but not limited to, publicly owned
3buildings, structures, works, utilities or fixtures within any
4economic development project area, subject to the restrictions
5of item (5) of subsection (e) of Section 3 of this Act.
6    (g) To issue obligations as provided in this Act.
7    (h) To fix, charge and collect fees, rents and charges for
8the use of any building, facility or property or any portion
9thereof owned or leased by the municipality within an economic
10development project area.
11    (i) To accept grants, guarantees, donations of property or
12labor, or any other thing of value for use in connection with
13an economic development project.
14    (j) To pay or cause to be paid economic development project
15costs. Any payments to be made by the municipality to
16developers or other nongovernmental persons for economic
17development project costs incurred by such developer or other
18nongovernmental person shall be made only pursuant to the prior
19official action of the municipality evidencing an intent to pay
20or cause to be paid such economic development project costs. A
21municipality is not required to obtain any right, title or
22interest in any real or personal property in order to pay
23economic development project costs associated with such
24property. The municipality shall adopt such accounting
25procedures as may be necessary to determine that such economic
26development project costs are properly paid.

 

 

09900SB2600sam001- 4 -LRB099 18671 AWJ 46141 a

1    (k) To exercise any and all other powers necessary to
2effectuate the purposes of this Act.
3    (l) To create a commission of not less than 5 or more than
415 persons to be appointed by the mayor or president of the
5municipality with the consent of the majority of the corporate
6authorities of the municipality. Members of a commission shall
7be appointed for initial terms of 1, 2, 3, 4, and 5 years,
8respectively, in such numbers as to provide that the terms of
9not more than 1/3 of all such members shall expire in any one
10year. Their successors shall be appointed for a term of 5
11years. The commission, subject to approval of the corporate
12authorities, may exercise the powers enumerated in this
13Section. The commission shall also have the power to hold the
14public hearings required by this Act and make recommendations
15to the corporate authorities concerning the approval of
16economic development plans, the establishment of economic
17development project areas, and the adoption of tax increment
18allocation financing for economic development project areas.
19    When a commission created under this subsection (l)
20receives any public funds or public monies, its board shall
21include not less than 2 members of a labor council or councils
22and not less than: (i) 2 members from 2 separate minority
23groups, or (ii) one member who is a woman and one member from a
24minority group. The labor council or councils shall represent:
25(A) employees in the construction trades; and (B) employees in
26the public and private sector. The labor council, women, and

 

 

09900SB2600sam001- 5 -LRB099 18671 AWJ 46141 a

1minority group members shall be full commission members with
2all rights and privileges and shall not be compensated.
3    For purposes of this subsection:
4        "Labor council" means any organization representing
5    multiple entities who are monitoring or attentive to
6    compliance with public or workers' safety laws, wage and
7    hour requirements, making or maintaining collective
8    bargaining agreements, or other statutory requirements.
9        "Minority group" means a group that is a readily
10    identifiable subset of the U.S. population and that is made
11    up of persons who are any of the following:
12            (i) American Indian or Alaska Native (a person
13        having origins in any of the original peoples of North
14        and South America, including Central America, and who
15        maintains tribal affiliation or community attachment).
16            (ii) Asian (a person having origins in any of the
17        original peoples of the Far East, Southeast Asia, or
18        the Indian subcontinent, including, but not limited
19        to, Cambodia, China, India, Japan, Korea, Malaysia,
20        Pakistan, the Philippine Islands, Thailand, and
21        Vietnam).
22            (iii) Black or African American (a person having
23        origins in any of the black racial groups of Africa).
24            (iv) Hispanic or Latino (a person of Cuban,
25        Mexican, Puerto Rican, South or Central American, or
26        other Spanish culture or origin, regardless of race).

 

 

09900SB2600sam001- 6 -LRB099 18671 AWJ 46141 a

1            (v) Native Hawaiian or Other Pacific Islander (a
2        person having origins in any of the original peoples of
3        Hawaii, Guam, Samoa, or other Pacific Islands).
4(Source: P.A. 97-636, eff. 6-1-12.)
 
5    Section 10. The County Economic Development Project Area
6Property Tax Allocation Act is amended by changing Section 9 as
7follows:
 
8    (55 ILCS 85/9)  (from Ch. 34, par. 7009)
9    Sec. 9. Powers of counties. In addition to powers which it
10may now have, any county has the power under this Act:
11    (a) To make and enter into all contracts necessary or
12incidental to the implementation and furtherance of an economic
13development plan.
14    (b) Within an economic development project area, to acquire
15by purchase, donation, lease or eminent domain and to own,
16convey, lease, mortgage or dispose of land and other real or
17personal property or rights or interest therein; and to grant
18or acquire licenses, easements and options with respect
19thereto, all in the manner and at such price the county
20determines is reasonably necessary to achieve the objectives of
21the economic development plan. No conveyance, lease, mortgage,
22disposition of land or other property acquired by the county,
23or agreement relating to the development of property shall be
24made or executed except pursuant to prior official action of

 

 

09900SB2600sam001- 7 -LRB099 18671 AWJ 46141 a

1the county.
2    (c) To clear any area within an economic development
3project area by demolition or removal of any existing
4buildings, structures, fixtures, utilities or improvements,
5and to clear and grade land.
6    (d) To install, repair, construct, reconstruct or relocate
7public streets, public utilities, and other public site
8improvements within or without an economic development project
9area which are essential to the preparation of an economic
10development project area for use in accordance with an economic
11development plan.
12    (e) To renovate, rehabilitate, reconstruct, relocate,
13repair or remodel any existing buildings, improvements, and
14fixtures within an economic development project area.
15    (f) To construct public improvements, including but not
16limited to, buildings, structures, works, utilities or
17fixtures within any economic development project area.
18    (g) To issue obligations as in this Act provided.
19    (h) To fix, charge and collect fees, rents and charges for
20the use of any building, facility or property or any portion
21thereof owned or leased by the county within an economic
22development project area.
23    (i) To accept grants, guarantees, donations of property or
24labor, or any other thing of value for use in connection with
25an economic development project.
26    (j) To pay or cause to be paid economic development project

 

 

09900SB2600sam001- 8 -LRB099 18671 AWJ 46141 a

1costs. Any payments to be made by the county to developers or
2other nongovernmental persons shall be made only pursuant to
3the prior official action of the county evidencing an intent to
4pay or cause to be paid those economic development project
5costs. A county is not required to obtain any right, title or
6interest in any real or personal property in order to pay
7economic development costs associated with such property. The
8county shall adopt such accounting procedures as may be
9necessary to determine that those economic development project
10costs are properly paid.
11    (k) To exercise any and all other powers necessary to
12effectuate the purposes of this Act.
13    (1) To create a commission of not less than 5 or more than
1415 persons to be appointed by the chief executive officer of
15the county with the consent of the majority of the corporate
16authorities of the county. Members of a commission shall be
17appointed for initial terms of 1, 2, 3, 4 and 5 years,
18respectively, in such numbers as to provide that the terms of
19not more than 1/3 of all such members shall expire in any one
20year. Their successors shall be appointed for a term of 5
21years. The commission, subject to approval of the corporate
22authorities, may exercise the power to hold the public hearings
23required by this Act and make recommendations to the corporate
24authorities concerning the approval of economic development
25plans, the establishment of economic development project
26areas, and the adoption of property tax allocation financing

 

 

09900SB2600sam001- 9 -LRB099 18671 AWJ 46141 a

1for economic development project areas.
2    When a commission created under this subsection (l)
3receives any public funds or public monies, its board shall
4include not less than 2 members of a labor council or councils
5and not less than: (i) 2 members from 2 separate minority
6groups, or (ii) one member who is a woman and one member from a
7minority group. The labor council or councils shall represent:
8(A) employees in the construction trades; and (B) employees in
9the public and private sector. The labor council, women, and
10minority group members shall be full commission members with
11all rights and privileges and shall not be compensated.
12    For purposes of this subsection:
13        "Labor council" means any organization representing
14    multiple entities who are monitoring or attentive to
15    compliance with public or workers' safety laws, wage and
16    hour requirements, making or maintaining collective
17    bargaining agreements, or other statutory requirements.
18        "Minority group" means a group that is a readily
19    identifiable subset of the U.S. population and that is made
20    up of persons who are any of the following:
21            (i) American Indian or Alaska Native (a person
22        having origins in any of the original peoples of North
23        and South America, including Central America, and who
24        maintains tribal affiliation or community attachment).
25            (ii) Asian (a person having origins in any of the
26        original peoples of the Far East, Southeast Asia, or

 

 

09900SB2600sam001- 10 -LRB099 18671 AWJ 46141 a

1        the Indian subcontinent, including, but not limited
2        to, Cambodia, China, India, Japan, Korea, Malaysia,
3        Pakistan, the Philippine Islands, Thailand, and
4        Vietnam).
5            (iii) Black or African American (a person having
6        origins in any of the black racial groups of Africa).
7            (iv) Hispanic or Latino (a person of Cuban,
8        Mexican, Puerto Rican, South or Central American, or
9        other Spanish culture or origin, regardless of race).
10            (v) Native Hawaiian or Other Pacific Islander (a
11        person having origins in any of the original peoples of
12        Hawaii, Guam, Samoa, or other Pacific Islands).
13(Source: P.A. 86-1388.)
 
14    Section 15. The County Economic Development Project Area
15Tax Increment Allocation Act of 1991 is amended by changing
16Section 60 as follows:
 
17    (55 ILCS 90/60)  (from Ch. 34, par. 8060)
18    Sec. 60. Powers of counties; economic development project
19area commissions. In addition to powers that it may now have,
20a county has the following powers under this Act:
21        (1) To make and enter into all contracts necessary or
22    incidental to the implementation and furtherance of an
23    economic development plan.
24        (2) Within an economic development project area, to

 

 

09900SB2600sam001- 11 -LRB099 18671 AWJ 46141 a

1    acquire by purchase, donation, lease, or eminent domain and
2    to own, convey, lease, mortgage, or dispose of land and
3    other real or personal property or rights or interests in
4    property and to grant or acquire licenses, easements, and
5    options with respect to property, all in the manner and at
6    a price the county determines is reasonably necessary to
7    achieve the objectives of the economic development
8    project. No conveyance, lease, mortgage, disposition of
9    land, or agreement relating to the development of property
10    shall be made or executed except pursuant to prior official
11    action of the county. No conveyance, lease, mortgage, or
12    other disposition of land, and no agreement relating to the
13    development of property, shall be made without making
14    public disclosure of the terms and disposition of all bids
15    and proposals submitted to the county in connection with
16    that action.
17        (3) To clear any area within an economic development
18    project area by demolition or removal of any existing
19    buildings, structures, fixtures, utilities, or
20    improvements and to clear and grade land.
21        (4) To install, repair, construct, reconstruct, or
22    relocate public streets, public utilities, and other
23    public site improvements located outside the boundaries of
24    an economic development project area that are essential to
25    the preparation of an economic development project area for
26    use in accordance with an economic development plan.

 

 

09900SB2600sam001- 12 -LRB099 18671 AWJ 46141 a

1        (5) To renovate, rehabilitate, reconstruct, relocate,
2    repair, or remodel any existing buildings, improvements,
3    and fixtures within an economic development project area.
4        (6) To install or construct any buildings, structures,
5    works, streets, improvements, utilities, or fixtures
6    within an economic development project area.
7        (7) To issue obligations as provided in this Act.
8        (8) To fix, charge, and collect fees, rents, and
9    charges for the use of any building, facility, or property
10    or any portion of a building, facility, or property owned
11    or leased by the county within an economic development
12    project area.
13        (9) To accept grants, guarantees, donations of
14    property or labor, or any other thing of value for use in
15    connection with an economic development project.
16        (10) To pay or cause to be paid economic development
17    project costs, including, specifically, to reimburse any
18    nongovernmental person for economic development project
19    costs incurred by that person. Any payments to be made by a
20    county to developers or other nongovernmental persons for
21    economic development project costs incurred by the
22    developer or other nongovernmental person shall be made
23    only pursuant to the prior official action of the county
24    evidencing an intent to pay or cause to be paid those
25    economic development costs. A county is not required to
26    obtain any right, title, or interest in any real or

 

 

09900SB2600sam001- 13 -LRB099 18671 AWJ 46141 a

1    personal property in order to pay economic development
2    project costs associated with the property. The county
3    shall adopt accounting procedures necessary to determine
4    that the economic development project costs are properly
5    paid.
6        (11) To exercise any and all other powers necessary to
7    effectuate the purposes of this Act.
8        (12) To create a commission of not less than 5 or more
9    than 15 persons to be appointed by the corporate
10    authorities of the county. Members of a commission shall be
11    appointed for initial terms of 1, 2, 3, 4, and 5 years,
12    respectively, in numbers to provide that the terms of not
13    more than one-third of all the members shall expire in any
14    one year. Their successors shall be appointed for a term of
15    5 years. The commission, subject to approval of the
16    corporate authorities, may exercise the powers enumerated
17    in this Section. The commission also may hold the public
18    hearings required by this Act and make recommendations to
19    the corporate authorities concerning the approval of
20    economic development plans, the establishment of economic
21    development project areas, and the adoption of tax
22    increment allocation financing for economic development
23    project areas.
24    When a commission created under this paragraph (12)
25receives any public funds or public monies, its board shall
26include not less than 2 members of a labor council or councils

 

 

09900SB2600sam001- 14 -LRB099 18671 AWJ 46141 a

1and not less than: (i) 2 members from 2 separate minority
2groups, or (ii) one member who is a woman and one member from a
3minority group. The labor council or councils shall represent:
4(A) employees in the construction trades; and (B) employees in
5the public and private sector. The labor council, women, and
6minority group members shall be full commission members with
7all rights and privileges and shall not be compensated.
8    For purposes of this paragraph:
9        "Labor council" means any organization representing
10    multiple entities who are monitoring or attentive to
11    compliance with public or workers' safety laws, wage and
12    hour requirements, making or maintaining collective
13    bargaining agreements, or other statutory requirements.
14        "Minority group" means a group that is a readily
15    identifiable subset of the U.S. population and that is made
16    up of persons who are any of the following:
17            (i) American Indian or Alaska Native (a person
18        having origins in any of the original peoples of North
19        and South America, including Central America, and who
20        maintains tribal affiliation or community attachment).
21            (ii) Asian (a person having origins in any of the
22        original peoples of the Far East, Southeast Asia, or
23        the Indian subcontinent, including, but not limited
24        to, Cambodia, China, India, Japan, Korea, Malaysia,
25        Pakistan, the Philippine Islands, Thailand, and
26        Vietnam).

 

 

09900SB2600sam001- 15 -LRB099 18671 AWJ 46141 a

1            (iii) Black or African American (a person having
2        origins in any of the black racial groups of Africa).
3            (iv) Hispanic or Latino (a person of Cuban,
4        Mexican, Puerto Rican, South or Central American, or
5        other Spanish culture or origin, regardless of race).
6            (v) Native Hawaiian or Other Pacific Islander (a
7        person having origins in any of the original peoples of
8        Hawaii, Guam, Samoa, or other Pacific Islands).
9(Source: P.A. 87-1.)
 
10    Section 20. The Illinois Municipal Code is amended by
11changing Sections 11-74.4-4 and 11-74.6-15 as follows:
 
12    (65 ILCS 5/11-74.4-4)  (from Ch. 24, par. 11-74.4-4)
13    Sec. 11-74.4-4. Municipal powers and duties; redevelopment
14project areas. The changes made by this amendatory Act of the
1591st General Assembly do not apply to a municipality that, (i)
16before the effective date of this amendatory Act of the 91st
17General Assembly, has adopted an ordinance or resolution fixing
18a time and place for a public hearing under Section 11-74.4-5
19or (ii) before July 1, 1999, has adopted an ordinance or
20resolution providing for a feasibility study under Section
2111-74.4-4.1, but has not yet adopted an ordinance approving
22redevelopment plans and redevelopment projects or designating
23redevelopment project areas under this Section, until after
24that municipality adopts an ordinance approving redevelopment

 

 

09900SB2600sam001- 16 -LRB099 18671 AWJ 46141 a

1plans and redevelopment projects or designating redevelopment
2project areas under this Section; thereafter the changes made
3by this amendatory Act of the 91st General Assembly apply to
4the same extent that they apply to redevelopment plans and
5redevelopment projects that were approved and redevelopment
6projects that were designated before the effective date of this
7amendatory Act of the 91st General Assembly.
8    A municipality may:
9    (a) By ordinance introduced in the governing body of the
10municipality within 14 to 90 days from the completion of the
11hearing specified in Section 11-74.4-5 approve redevelopment
12plans and redevelopment projects, and designate redevelopment
13project areas pursuant to notice and hearing required by this
14Act. No redevelopment project area shall be designated unless a
15plan and project are approved prior to the designation of such
16area and such area shall include only those contiguous parcels
17of real property and improvements thereon substantially
18benefited by the proposed redevelopment project improvements.
19Upon adoption of the ordinances, the municipality shall
20forthwith transmit to the county clerk of the county or
21counties within which the redevelopment project area is located
22a certified copy of the ordinances, a legal description of the
23redevelopment project area, a map of the redevelopment project
24area, identification of the year that the county clerk shall
25use for determining the total initial equalized assessed value
26of the redevelopment project area consistent with subsection

 

 

09900SB2600sam001- 17 -LRB099 18671 AWJ 46141 a

1(a) of Section 11-74.4-9, and a list of the parcel or tax
2identification number of each parcel of property included in
3the redevelopment project area.
4    (b) Make and enter into all contracts with property owners,
5developers, tenants, overlapping taxing bodies, and others
6necessary or incidental to the implementation and furtherance
7of its redevelopment plan and project. Contract provisions
8concerning loan repayment obligations in contracts entered
9into on or after the effective date of this amendatory Act of
10the 93rd General Assembly shall terminate no later than the
11last to occur of the estimated dates of completion of the
12redevelopment project and retirement of the obligations issued
13to finance redevelopment project costs as required by item (3)
14of subsection (n) of Section 11-74.4-3. Payments received under
15contracts entered into by the municipality prior to the
16effective date of this amendatory Act of the 93rd General
17Assembly that are received after the redevelopment project area
18has been terminated by municipal ordinance shall be deposited
19into a special fund of the municipality to be used for other
20community redevelopment needs within the redevelopment project
21area.
22    (c) Within a redevelopment project area, acquire by
23purchase, donation, lease or eminent domain; own, convey,
24lease, mortgage or dispose of land and other property, real or
25personal, or rights or interests therein, and grant or acquire
26licenses, easements and options with respect thereto, all in

 

 

09900SB2600sam001- 18 -LRB099 18671 AWJ 46141 a

1the manner and at such price the municipality determines is
2reasonably necessary to achieve the objectives of the
3redevelopment plan and project. No conveyance, lease,
4mortgage, disposition of land or other property owned by a
5municipality, or agreement relating to the development of such
6municipal property shall be made except upon the adoption of an
7ordinance by the corporate authorities of the municipality.
8Furthermore, no conveyance, lease, mortgage, or other
9disposition of land owned by a municipality or agreement
10relating to the development of such municipal property shall be
11made without making public disclosure of the terms of the
12disposition and all bids and proposals made in response to the
13municipality's request. The procedures for obtaining such bids
14and proposals shall provide reasonable opportunity for any
15person to submit alternative proposals or bids.
16    (d) Within a redevelopment project area, clear any area by
17demolition or removal of any existing buildings and structures.
18    (e) Within a redevelopment project area, renovate or
19rehabilitate or construct any structure or building, as
20permitted under this Act.
21    (f) Install, repair, construct, reconstruct or relocate
22streets, utilities and site improvements essential to the
23preparation of the redevelopment area for use in accordance
24with a redevelopment plan.
25    (g) Within a redevelopment project area, fix, charge and
26collect fees, rents and charges for the use of any building or

 

 

09900SB2600sam001- 19 -LRB099 18671 AWJ 46141 a

1property owned or leased by it or any part thereof, or facility
2therein.
3    (h) Accept grants, guarantees and donations of property,
4labor, or other things of value from a public or private source
5for use within a project redevelopment area.
6    (i) Acquire and construct public facilities within a
7redevelopment project area, as permitted under this Act.
8    (j) Incur project redevelopment costs and reimburse
9developers who incur redevelopment project costs authorized by
10a redevelopment agreement; provided, however, that on and after
11the effective date of this amendatory Act of the 91st General
12Assembly, no municipality shall incur redevelopment project
13costs (except for planning costs and any other eligible costs
14authorized by municipal ordinance or resolution that are
15subsequently included in the redevelopment plan for the area
16and are incurred by the municipality after the ordinance or
17resolution is adopted) that are not consistent with the program
18for accomplishing the objectives of the redevelopment plan as
19included in that plan and approved by the municipality until
20the municipality has amended the redevelopment plan as provided
21elsewhere in this Act.
22    (k) Create a commission of not less than 5 or more than 15
23persons to be appointed by the mayor or president of the
24municipality with the consent of the majority of the governing
25board of the municipality. Members of a commission appointed
26after the effective date of this amendatory Act of 1987 shall

 

 

09900SB2600sam001- 20 -LRB099 18671 AWJ 46141 a

1be appointed for initial terms of 1, 2, 3, 4 and 5 years,
2respectively, in such numbers as to provide that the terms of
3not more than 1/3 of all such members shall expire in any one
4year. Their successors shall be appointed for a term of 5
5years. The commission, subject to approval of the corporate
6authorities may exercise the powers enumerated in this Section.
7The commission shall also have the power to hold the public
8hearings required by this division and make recommendations to
9the corporate authorities concerning the adoption of
10redevelopment plans, redevelopment projects and designation of
11redevelopment project areas.
12    When a commission created under this subsection (k)
13receives any public funds or public monies, its board shall
14include not less than 2 members of a labor council or councils
15and not less than: (i) 2 members from 2 separate minority
16groups, or (ii) one member who is a woman and one member from a
17minority group. The labor council or councils shall represent:
18(A) employees in the construction trades; and (B) employees in
19the public and private sector. The labor council, women, and
20minority group members shall be full commission members with
21all rights and privileges and shall not be compensated.
22    For purposes of this subsection:
23        "Labor council" means any organization representing
24    multiple entities who are monitoring or attentive to
25    compliance with public or workers' safety laws, wage and
26    hour requirements, making or maintaining collective

 

 

09900SB2600sam001- 21 -LRB099 18671 AWJ 46141 a

1    bargaining agreements, or other statutory requirements.
2        "Minority group" means a group that is a readily
3    identifiable subset of the U.S. population and that is made
4    up of persons who are any of the following:
5            (i) American Indian or Alaska Native (a person
6        having origins in any of the original peoples of North
7        and South America, including Central America, and who
8        maintains tribal affiliation or community attachment).
9            (ii) Asian (a person having origins in any of the
10        original peoples of the Far East, Southeast Asia, or
11        the Indian subcontinent, including, but not limited
12        to, Cambodia, China, India, Japan, Korea, Malaysia,
13        Pakistan, the Philippine Islands, Thailand, and
14        Vietnam).
15            (iii) Black or African American (a person having
16        origins in any of the black racial groups of Africa).
17            (iv) Hispanic or Latino (a person of Cuban,
18        Mexican, Puerto Rican, South or Central American, or
19        other Spanish culture or origin, regardless of race).
20            (v) Native Hawaiian or Other Pacific Islander (a
21        person having origins in any of the original peoples of
22        Hawaii, Guam, Samoa, or other Pacific Islands).
23    (l) Make payment in lieu of taxes or a portion thereof to
24taxing districts. If payments in lieu of taxes or a portion
25thereof are made to taxing districts, those payments shall be
26made to all districts within a project redevelopment area on a

 

 

09900SB2600sam001- 22 -LRB099 18671 AWJ 46141 a

1basis which is proportional to the current collections of
2revenue which each taxing district receives from real property
3in the redevelopment project area.
4    (m) Exercise any and all other powers necessary to
5effectuate the purposes of this Act.
6    (n) If any member of the corporate authority, a member of a
7commission established pursuant to Section 11-74.4-4(k) of
8this Act, or an employee or consultant of the municipality
9involved in the planning and preparation of a redevelopment
10plan, or project for a redevelopment project area or proposed
11redevelopment project area, as defined in Sections
1211-74.4-3(i) through (k) of this Act, owns or controls an
13interest, direct or indirect, in any property included in any
14redevelopment area, or proposed redevelopment area, he or she
15shall disclose the same in writing to the clerk of the
16municipality, and shall also so disclose the dates and terms
17and conditions of any disposition of any such interest, which
18disclosures shall be acknowledged by the corporate authorities
19and entered upon the minute books of the corporate authorities.
20If an individual holds such an interest then that individual
21shall refrain from any further official involvement in regard
22to such redevelopment plan, project or area, from voting on any
23matter pertaining to such redevelopment plan, project or area,
24or communicating with other members concerning corporate
25authorities, commission or employees concerning any matter
26pertaining to said redevelopment plan, project or area.

 

 

09900SB2600sam001- 23 -LRB099 18671 AWJ 46141 a

1Furthermore, no such member or employee shall acquire of any
2interest direct, or indirect, in any property in a
3redevelopment area or proposed redevelopment area after either
4(a) such individual obtains knowledge of such plan, project or
5area or (b) first public notice of such plan, project or area
6pursuant to Section 11-74.4-6 of this Division, whichever
7occurs first. For the purposes of this subsection, a property
8interest acquired in a single parcel of property by a member of
9the corporate authority, which property is used exclusively as
10the member's primary residence, shall not be deemed to
11constitute an interest in any property included in a
12redevelopment area or proposed redevelopment area that was
13established before December 31, 1989, but the member must
14disclose the acquisition to the municipal clerk under the
15provisions of this subsection. A single property interest
16acquired within one year after the effective date of this
17amendatory Act of the 94th General Assembly or 2 years after
18the effective date of this amendatory Act of the 95th General
19Assembly by a member of the corporate authority does not
20constitute an interest in any property included in any
21redevelopment area or proposed redevelopment area, regardless
22of when the redevelopment area was established, if (i) the
23property is used exclusively as the member's primary residence,
24(ii) the member discloses the acquisition to the municipal
25clerk under the provisions of this subsection, (iii) the
26acquisition is for fair market value, (iv) the member acquires

 

 

09900SB2600sam001- 24 -LRB099 18671 AWJ 46141 a

1the property as a result of the property being publicly
2advertised for sale, and (v) the member refrains from voting
3on, and communicating with other members concerning, any matter
4when the benefits to the redevelopment project or area would be
5significantly greater than the benefits to the municipality as
6a whole. For the purposes of this subsection, a month-to-month
7leasehold interest in a single parcel of property by a member
8of the corporate authority shall not be deemed to constitute an
9interest in any property included in any redevelopment area or
10proposed redevelopment area, but the member must disclose the
11interest to the municipal clerk under the provisions of this
12subsection.
13    (o) Create a Tax Increment Economic Development Advisory
14Committee to be appointed by the Mayor or President of the
15municipality with the consent of the majority of the governing
16board of the municipality, the members of which Committee shall
17be appointed for initial terms of 1, 2, 3, 4 and 5 years
18respectively, in such numbers as to provide that the terms of
19not more than 1/3 of all such members shall expire in any one
20year. Their successors shall be appointed for a term of 5
21years. The Committee shall have none of the powers enumerated
22in this Section. The Committee shall serve in an advisory
23capacity only. The Committee may advise the governing Board of
24the municipality and other municipal officials regarding
25development issues and opportunities within the redevelopment
26project area or the area within the State Sales Tax Boundary.

 

 

09900SB2600sam001- 25 -LRB099 18671 AWJ 46141 a

1The Committee may also promote and publicize development
2opportunities in the redevelopment project area or the area
3within the State Sales Tax Boundary.
4    When a commission created under this subsection (o)
5receives any public funds or public monies, its board shall
6include not less than 2 members of a labor council or councils
7and not less than: (i) 2 members from 2 separate minority
8groups, or (ii) one member who is a woman and one member from a
9minority group. The labor council or councils shall represent:
10(A) employees in the construction trades; and (B) employees in
11the public and private sector. The labor council, women, and
12minority group members shall be full commission members with
13all rights and privileges and shall not be compensated.
14    For purposes of this subsection:
15        "Labor council" means any organization representing
16    multiple entities who are monitoring or attentive to
17    compliance with public or workers' safety laws, wage and
18    hour requirements, making or maintaining collective
19    bargaining agreements, or other statutory requirements.
20        "Minority group" means a group that is a readily
21    identifiable subset of the U.S. population and that is made
22    up of persons who are any of the following:
23            (i) American Indian or Alaska Native (a person
24        having origins in any of the original peoples of North
25        and South America, including Central America, and who
26        maintains tribal affiliation or community attachment).

 

 

09900SB2600sam001- 26 -LRB099 18671 AWJ 46141 a

1            (ii) Asian (a person having origins in any of the
2        original peoples of the Far East, Southeast Asia, or
3        the Indian subcontinent, including, but not limited
4        to, Cambodia, China, India, Japan, Korea, Malaysia,
5        Pakistan, the Philippine Islands, Thailand, and
6        Vietnam).
7            (iii) Black or African American (a person having
8        origins in any of the black racial groups of Africa).
9            (iv) Hispanic or Latino (a person of Cuban,
10        Mexican, Puerto Rican, South or Central American, or
11        other Spanish culture or origin, regardless of race).
12            (v) Native Hawaiian or Other Pacific Islander (a
13        person having origins in any of the original peoples of
14        Hawaii, Guam, Samoa, or other Pacific Islands).
15    (p) Municipalities may jointly undertake and perform
16redevelopment plans and projects and utilize the provisions of
17the Act wherever they have contiguous redevelopment project
18areas or they determine to adopt tax increment financing with
19respect to a redevelopment project area which includes
20contiguous real property within the boundaries of the
21municipalities, and in doing so, they may, by agreement between
22municipalities, issue obligations, separately or jointly, and
23expend revenues received under the Act for eligible expenses
24anywhere within contiguous redevelopment project areas or as
25otherwise permitted in the Act.
26    (q) Utilize revenues, other than State sales tax increment

 

 

09900SB2600sam001- 27 -LRB099 18671 AWJ 46141 a

1revenues, received under this Act from one redevelopment
2project area for eligible costs in another redevelopment
3project area that is:
4        (i) contiguous to the redevelopment project area from
5    which the revenues are received;
6        (ii) separated only by a public right of way from the
7    redevelopment project area from which the revenues are
8    received; or
9        (iii) separated only by forest preserve property from
10    the redevelopment project area from which the revenues are
11    received if the closest boundaries of the redevelopment
12    project areas that are separated by the forest preserve
13    property are less than one mile apart.
14    Utilize tax increment revenues for eligible costs that are
15received from a redevelopment project area created under the
16Industrial Jobs Recovery Law that is either contiguous to, or
17is separated only by a public right of way from, the
18redevelopment project area created under this Act which
19initially receives these revenues. Utilize revenues, other
20than State sales tax increment revenues, by transferring or
21loaning such revenues to a redevelopment project area created
22under the Industrial Jobs Recovery Law that is either
23contiguous to, or separated only by a public right of way from
24the redevelopment project area that initially produced and
25received those revenues; and, if the redevelopment project area
26(i) was established before the effective date of this

 

 

09900SB2600sam001- 28 -LRB099 18671 AWJ 46141 a

1amendatory Act of the 91st General Assembly and (ii) is located
2within a municipality with a population of more than 100,000,
3utilize revenues or proceeds of obligations authorized by
4Section 11-74.4-7 of this Act, other than use or occupation tax
5revenues, to pay for any redevelopment project costs as defined
6by subsection (q) of Section 11-74.4-3 to the extent that the
7redevelopment project costs involve public property that is
8either contiguous to, or separated only by a public right of
9way from, a redevelopment project area whether or not
10redevelopment project costs or the source of payment for the
11costs are specifically set forth in the redevelopment plan for
12the redevelopment project area.
13    (r) If no redevelopment project has been initiated in a
14redevelopment project area within 7 years after the area was
15designated by ordinance under subsection (a), the municipality
16shall adopt an ordinance repealing the area's designation as a
17redevelopment project area; provided, however, that if an area
18received its designation more than 3 years before the effective
19date of this amendatory Act of 1994 and no redevelopment
20project has been initiated within 4 years after the effective
21date of this amendatory Act of 1994, the municipality shall
22adopt an ordinance repealing its designation as a redevelopment
23project area. Initiation of a redevelopment project shall be
24evidenced by either a signed redevelopment agreement or
25expenditures on eligible redevelopment project costs
26associated with a redevelopment project.

 

 

09900SB2600sam001- 29 -LRB099 18671 AWJ 46141 a

1    Notwithstanding any other provision of this Section to the
2contrary, with respect to a redevelopment project area
3designated by an ordinance that was adopted on July 29, 1998 by
4the City of Chicago, the City of Chicago shall adopt an
5ordinance repealing the area's designation as a redevelopment
6project area if no redevelopment project has been initiated in
7the redevelopment project area within 15 years after the
8designation of the area. The City of Chicago may retroactively
9repeal any ordinance adopted by the City of Chicago, pursuant
10to this subsection (r), that repealed the designation of a
11redevelopment project area designated by an ordinance that was
12adopted by the City of Chicago on July 29, 1998. The City of
13Chicago has 90 days after the effective date of this amendatory
14Act to repeal the ordinance. The changes to this Section made
15by this amendatory Act of the 96th General Assembly apply
16retroactively to July 27, 2005.
17(Source: P.A. 96-1555, eff. 3-18-11; 97-333, eff. 8-12-11.)
 
18    (65 ILCS 5/11-74.6-15)
19    Sec. 11-74.6-15. Municipal Powers and Duties. A
20municipality may:
21    (a) By ordinance introduced in the governing body of the
22municipality within 14 to 90 days from the final adjournment of
23the hearing specified in Section 11-74.6-22, approve
24redevelopment plans and redevelopment projects, and designate
25redevelopment planning areas and redevelopment project areas

 

 

09900SB2600sam001- 30 -LRB099 18671 AWJ 46141 a

1pursuant to notice and hearing required by this Act. No
2redevelopment planning area or redevelopment project area
3shall be designated unless a plan and project are approved
4before the designation of the area and the area shall include
5only those parcels of real property and improvements on those
6parcels substantially benefited by the proposed redevelopment
7project improvements. Upon adoption of the ordinances, the
8municipality shall forthwith transmit to the county clerk of
9the county or counties within which the redevelopment project
10area is located a certified copy of the ordinances, a legal
11description of the redevelopment project area, a map of the
12redevelopment project area, identification of the year that the
13county clerk shall use for determining the total initial
14equalized assessed value of the redevelopment project area
15consistent with subsection (a) of Section 11-74.6-40, and a
16list of the parcel or tax identification number of each parcel
17of property included in the redevelopment project area.
18    (b) Make and enter into all contracts necessary or
19incidental to the implementation and furtherance of its
20redevelopment plan and project.
21    (c) Within a redevelopment project area, acquire by
22purchase, donation, lease or eminent domain; own, convey,
23lease, mortgage or dispose of land and other property, real or
24personal, or rights or interests therein, and grant or acquire
25licenses, easements and options with respect to that property,
26all in the manner and at a price that the municipality

 

 

09900SB2600sam001- 31 -LRB099 18671 AWJ 46141 a

1determines is reasonably necessary to achieve the objectives of
2the redevelopment plan and project. No conveyance, lease,
3mortgage, disposition of land or other property owned by a
4municipality, or agreement relating to the development of the
5municipal property shall be made or executed except pursuant to
6prior official action of the corporate authorities of the
7municipality. No conveyance, lease, mortgage, or other
8disposition of land owned by a municipality, and no agreement
9relating to the development of the municipal property, shall be
10made without making public disclosure of the terms and the
11disposition of all bids and proposals submitted to the
12municipality in connection therewith. The procedures for
13obtaining the bids and proposals shall provide reasonable
14opportunity for any person to submit alternative proposals or
15bids.
16    (d) Within a redevelopment project area, clear any area by
17demolition or removal of any existing buildings, structures,
18fixtures, utilities or improvements, and to clear and grade
19land.
20    (e) Within a redevelopment project area, renovate or
21rehabilitate or construct any structure or building, as
22permitted under this Law.
23    (f) Within or without a redevelopment project area,
24install, repair, construct, reconstruct or relocate streets,
25utilities and site improvements essential to the preparation of
26the redevelopment area for use in accordance with a

 

 

09900SB2600sam001- 32 -LRB099 18671 AWJ 46141 a

1redevelopment plan.
2    (g) Within a redevelopment project area, fix, charge and
3collect fees, rents and charges for the use of all or any part
4of any building or property owned or leased by it.
5    (h) Issue obligations as provided in this Act.
6    (i) Accept grants, guarantees and donations of property,
7labor, or other things of value from a public or private source
8for use within a project redevelopment area.
9    (j) Acquire and construct public facilities within a
10redevelopment project area, as permitted under this Law.
11    (k) Incur, pay or cause to be paid redevelopment project
12costs; provided, however, that on and after the effective date
13of this amendatory Act of the 91st General Assembly, no
14municipality shall incur redevelopment project costs (except
15for planning and other eligible costs authorized by municipal
16ordinance or resolution that are subsequently included in the
17redevelopment plan for the area and are incurred after the
18ordinance or resolution is adopted) that are not consistent
19with the program for accomplishing the objectives of the
20redevelopment plan as included in that plan and approved by the
21municipality until the municipality has amended the
22redevelopment plan as provided elsewhere in this Law. Any
23payments to be made by the municipality to redevelopers or
24other nongovernmental persons for redevelopment project costs
25incurred by such redeveloper or other nongovernmental person
26shall be made only pursuant to the prior official action of the

 

 

09900SB2600sam001- 33 -LRB099 18671 AWJ 46141 a

1municipality evidencing an intent to pay or cause to be paid
2such redevelopment project costs. A municipality is not
3required to obtain any right, title or interest in any real or
4personal property in order to pay redevelopment project costs
5associated with such property. The municipality shall adopt
6such accounting procedures as may be necessary to determine
7that such redevelopment project costs are properly paid.
8    (l) Create a commission of not less than 5 or more than 15
9persons to be appointed by the mayor or president of the
10municipality with the consent of the majority of the governing
11board of the municipality. Members of a commission appointed
12after the effective date of this Law shall be appointed for
13initial terms of 1, 2, 3, 4 and 5 years, respectively, in
14numbers so that the terms of not more than 1/3 of all members
15expire in any one year. Their successors shall be appointed for
16a term of 5 years. The commission, subject to approval of the
17corporate authorities of the municipality, may exercise the
18powers enumerated in this Section. The commission shall also
19have the power to hold the public hearings required by this Act
20and make recommendations to the corporate authorities
21concerning the adoption of redevelopment plans, redevelopment
22projects and designation of redevelopment project areas.
23    When a commission created under this subsection (l)
24receives any public funds or public monies, its board shall
25include not less than 2 members of a labor council or councils
26and not less than: (i) 2 members from 2 separate minority

 

 

09900SB2600sam001- 34 -LRB099 18671 AWJ 46141 a

1groups, or (ii) one member who is a woman and one member from a
2minority group. The labor council or councils shall represent:
3(A) employees in the construction trades; and (B) employees in
4the public and private sector. The labor council, women, and
5minority group members shall be full commission members with
6all rights and privileges and shall not be compensated.
7    For purposes of this subsection:
8        "Labor council" means any organization representing
9    multiple entities who are monitoring or attentive to
10    compliance with public or workers' safety laws, wage and
11    hour requirements, making or maintaining collective
12    bargaining agreements, or other statutory requirements.
13        "Minority group" means a group that is a readily
14    identifiable subset of the U.S. population and that is made
15    up of persons who are any of the following:
16        (i) American Indian or Alaska Native (a person having
17    origins in any of the original peoples of North and South
18    America, including Central America, and who maintains
19    tribal affiliation or community attachment).
20            (ii) Asian (a person having origins in any of the
21        original peoples of the Far East, Southeast Asia, or
22        the Indian subcontinent, including, but not limited
23        to, Cambodia, China, India, Japan, Korea, Malaysia,
24        Pakistan, the Philippine Islands, Thailand, and
25        Vietnam).
26            (iii) Black or African American (a person having

 

 

09900SB2600sam001- 35 -LRB099 18671 AWJ 46141 a

1        origins in any of the black racial groups of Africa).
2            (iv) Hispanic or Latino (a person of Cuban,
3        Mexican, Puerto Rican, South or Central American, or
4        other Spanish culture or origin, regardless of race).
5            (v) Native Hawaiian or Other Pacific Islander (a
6        person having origins in any of the original peoples of
7        Hawaii, Guam, Samoa, or other Pacific Islands).
8    (m) Make payment in lieu of all or a portion of real
9property taxes due to taxing districts. If payments in lieu of
10all or a portion of taxes are made to taxing districts, those
11payments shall be made to all districts within a redevelopment
12project area on a basis that is proportional to the current
13collection of revenue which each taxing district receives from
14real property in the redevelopment project area.
15    (n) Exercise any and all other powers necessary to
16effectuate the purposes of this Act.
17    (o) In conjunction with other municipalities, undertake
18and perform redevelopment plans and projects and utilize the
19provisions of the Act wherever they have contiguous
20redevelopment project areas or they determine to adopt tax
21increment allocation financing with respect to a redevelopment
22project area that includes contiguous real property within the
23boundaries of the municipalities, and, by agreement between
24participating municipalities, to issue obligations, separately
25or jointly, and expend revenues received under this Act for
26eligible expenses anywhere within contiguous redevelopment

 

 

09900SB2600sam001- 36 -LRB099 18671 AWJ 46141 a

1project areas or as otherwise permitted in the Act. Two or more
2municipalities may designate a joint redevelopment project
3area under this subsection (o) for a single Industrial Park
4Conservation Area comprising of property within or near the
5boundaries of each municipality if: (i) both municipalities are
6located within the same Metropolitan Statistical Area, as
7defined by the United States Office of Management and Budget,
8(ii) the 4-year average unemployment rate for that Metropolitan
9Statistical Area was at least 11.3%, and (iii) at least one
10participating municipality demonstrates that it has made
11commitments to acquire capital assets to commence the project
12and that the acquisition will occur on or before December 31,
132011. The joint redevelopment project area must encompass an
14interstate highway exchange for access and be located, in part,
15adjacent to a landfill or other solid waste disposal facility.
16    (p) Create an Industrial Jobs Recovery Advisory Committee
17of not more than 15 members to be appointed by the mayor or
18president of the municipality with the consent of the majority
19of the governing board of the municipality. The members of that
20Committee shall be appointed for initial terms of 1, 2, and 3
21years respectively, in numbers so that the terms of not more
22than 1/3 of all members expire in any one year. Their
23successors shall be appointed for a term of 3 years. The
24Committee shall have none of the powers enumerated in this
25Section. The Committee shall serve in an advisory capacity
26only. The Committee may advise the governing board of the

 

 

09900SB2600sam001- 37 -LRB099 18671 AWJ 46141 a

1municipality and other municipal officials regarding
2development issues and opportunities within the redevelopment
3project area. The Committee may also promote and publicize
4development opportunities in the redevelopment project area.
5    (q) If a redevelopment project has not been initiated in a
6redevelopment project area within 5 years after the area was
7designated by ordinance under subsection (a), the municipality
8shall adopt an ordinance repealing the area's designation as a
9redevelopment project area. Initiation of a redevelopment
10project shall be evidenced by either a signed redevelopment
11agreement or expenditures on eligible redevelopment project
12costs associated with a redevelopment project.
13    (r) Within a redevelopment planning area, transfer or loan
14tax increment revenues from one redevelopment project area to
15another redevelopment project area for expenditure on eligible
16costs in the receiving area.
17    (s) Use tax increment revenue produced in a redevelopment
18project area created under this Law by transferring or loaning
19such revenues to a redevelopment project area created under the
20Tax Increment Allocation Redevelopment Act that is either
21contiguous to, or separated only by a public right of way from,
22the redevelopment project area that initially produced and
23received those revenues.
24    (t) The estimated dates of completion of the redevelopment
25project and retirement of obligations issued to finance
26redevelopment project costs (including refunding bonds under

 

 

09900SB2600sam001- 38 -LRB099 18671 AWJ 46141 a

1Section 11-74.6-30) may not be later than December 31 of the
2year in which the payment to the municipal treasurer as
3provided in subsection (b) of Section 11-74.6-35 of this Act is
4to be made with respect to ad valorem taxes levied in the 35th
5calendar year after the year in which the ordinance approving
6the redevelopment project area was adopted if the ordinance was
7adopted on September 23, 1997 by the City of Granite City.
8(Source: P.A. 99-263, eff. 8-4-15.)
 
9    Section 25. The Economic Development Project Area Tax
10Increment Allocation Act of 1995 is amended by changing Section
1160 as follows:
 
12    (65 ILCS 110/60)
13    Sec. 60. Powers of municipalities; economic development
14project area commissions. In addition to powers that it may now
15have, a municipality has the following powers under this Act:
16    (1) To make and enter into all contracts necessary or
17incidental to the implementation and furtherance of an economic
18development plan.
19    (2) Within an economic development project area, to acquire
20by purchase, donation, lease, or eminent domain and to own,
21convey, lease, mortgage, or dispose of land and other real or
22personal property or rights or interests in property and to
23grant or acquire licenses, easements, and options with respect
24to property, all in the manner and at a price the municipality

 

 

09900SB2600sam001- 39 -LRB099 18671 AWJ 46141 a

1determines is reasonably necessary to achieve the objectives of
2the economic development project. No conveyance, lease,
3mortgage, disposition of land, or agreement relating to the
4development of property shall be made or executed except
5pursuant to prior official action of the municipality. No
6conveyance, lease, mortgage, or other disposition of land in
7furtherance of an economic development project, and no
8agreement relating to the development of property in
9furtherance of an economic development project, shall be made
10without making public disclosure of the terms and disposition
11of all bids and proposals submitted to the municipality in
12connection with that action.
13    (3) To clear any area within an economic development
14project area by demolition or removal of any existing
15buildings, structures, fixtures, utilities, or improvements
16and to clear and grade land.
17    (4) To install, repair, construct, reconstruct, extend or
18relocate public streets, public utilities, and other public
19site improvements located outside the boundaries of an economic
20development project area that are essential to the preparation
21of an economic development project area for use in accordance
22with an economic development plan.
23    (5) To renovate, rehabilitate, reconstruct, relocate,
24repair, or remodel any existing buildings, improvements, and
25fixtures within an economic development project area.
26    (6) To install or construct any buildings, structures,

 

 

09900SB2600sam001- 40 -LRB099 18671 AWJ 46141 a

1works, streets, improvements, utilities, or fixtures within an
2economic development project area.
3    (7) To issue obligations as provided in this Act.
4    (8) To fix, charge, and collect fees, rents, and charges
5for the use of any building, facility, or property or any
6portion of a building, facility, or property owned or leased by
7the municipality in furtherance of an economic development
8project under this Act within an economic development project
9area.
10    (9) To accept grants, guarantees, donations of property or
11labor, or any other thing of value for use in connection with
12an economic development project.
13    (10) To pay or cause to be paid economic development
14project costs, including, specifically, to reimburse any
15developer or nongovernmental person for economic development
16project costs incurred by that person. Any payments to be made
17by a municipality to developers or other nongovernmental
18persons for economic development project costs incurred by the
19developer or other nongovernmental person shall be made only
20pursuant to the prior official action of the municipality
21evidencing an intent to pay or cause to be paid those economic
22development costs. A municipality is not required to obtain any
23right, title, or interest in any real or personal property in
24order to pay economic development project costs associated with
25the property. The municipality shall adopt accounting
26procedures necessary to determine that the economic

 

 

09900SB2600sam001- 41 -LRB099 18671 AWJ 46141 a

1development project costs are properly paid.
2    (11) To utilize revenues received under this Act from one
3economic development project area for economic development
4project costs in another economic development project area that
5is either contiguous to, or is separated only by a public
6right-of-way from, the economic development project area from
7which the revenues are received.
8    (12) To exercise any and all other powers necessary to
9effectuate the purposes of this Act.
10    (13) To create a commission of not less than 5 or more than
1115 persons to be appointed by the corporate authorities of the
12municipality. Members of a commission shall be appointed for
13initial terms of 1, 2, 3, 4, and 5 years, respectively, in
14numbers to provide that the terms of not more than one-third of
15all the members shall expire in any one year. Their successors
16shall be appointed for a term of 5 years. The commission,
17subject to approval of the corporate authorities, may exercise
18the powers enumerated in this Section. The commission also may
19hold the public hearings required by this Act and make
20recommendations to the corporate authorities concerning the
21approval of economic development plans, the establishment of
22economic development project areas, and the adoption of tax
23increment allocation financing for economic development
24project areas.
25    When a commission created under this paragraph (13)
26receives any public funds or public monies, its board shall

 

 

09900SB2600sam001- 42 -LRB099 18671 AWJ 46141 a

1include not less than 2 members of a labor council or councils
2and not less than: (i) 2 members from 2 separate minority
3groups, or (ii) one member who is a woman and one member from a
4minority group. The labor council or councils shall represent:
5(A) employees in the construction trades; and (B) employees in
6the public and private sector. The labor council, women, and
7minority group members shall be full commission members with
8all rights and privileges and shall not be compensated.
9    For purposes of this paragraph:
10        "Labor council" means any organization representing
11    multiple entities who are monitoring or attentive to
12    compliance with public or workers' safety laws, wage and
13    hour requirements, making or maintaining collective
14    bargaining agreements, or other statutory requirements.
15        "Minority group" means a group that is a readily
16    identifiable subset of the U.S. population and that is made
17    up of persons who are any of the following:
18            (i) American Indian or Alaska Native (a person
19        having origins in any of the original peoples of North
20        and South America, including Central America, and who
21        maintains tribal affiliation or community attachment).
22            (ii) Asian (a person having origins in any of the
23        original peoples of the Far East, Southeast Asia, or
24        the Indian subcontinent, including, but not limited
25        to, Cambodia, China, India, Japan, Korea, Malaysia,
26        Pakistan, the Philippine Islands, Thailand, and

 

 

09900SB2600sam001- 43 -LRB099 18671 AWJ 46141 a

1        Vietnam).
2            (iii) Black or African American (a person having
3        origins in any of the black racial groups of Africa).
4            (iv) Hispanic or Latino (a person of Cuban,
5        Mexican, Puerto Rican, South or Central American, or
6        other Spanish culture or origin, regardless of race).
7            (v) Native Hawaiian or Other Pacific Islander (a
8        person having origins in any of the original peoples of
9        Hawaii, Guam, Samoa, or other Pacific Islands).
10(Source: P.A. 89-176, eff. 1-1-96.)".