SB2600 99TH GENERAL ASSEMBLY

LRB099 18671 AWJ 43053 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2600

Introduced 2/16/2016, by Sen. William Delgado

SYNOPSIS AS INTRODUCED:

65 ILCS 110/60

Amends the Economic Development Project Area Tax Increment Allocation Act of 1995. Provides that when a commission is created under the Act and receives any public funds or public monies, the board shall include at least 2 members of a labor council or labor councils and at least 2 members from 2 separate minority groups. Further provides that the labor council and minority group members shall be full commission members and shall not be compensated. Defines terms.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Economic Development Project Area Tax Increment Allocation Act of 1995 is amended by changing Section 60 as follows:

(65 ILCS 110/60)

Sec. 60. Powers of municipalities; economic development project area commissions. In addition to powers that it may now have, a municipality has the following powers under this Act:

(1) To make and enter into all contracts necessary or incidental to the implementation and furtherance of an economic development plan.

(2) Within an economic development project area, to acquire by purchase, donation, lease, or eminent domain and to own, convey, lease, mortgage, or dispose of land and other real or personal property or rights or interests in property and to grant or acquire licenses, easements, and options with respect to property, all in the manner and at a price the municipality determines is reasonably necessary to achieve the objectives of the economic development project. No conveyance, lease, mortgage, disposition of land, or agreement relating to the development of property shall be made or executed except pursuant to prior official action of the municipality. No conveyance, lease, mortgage, or other disposition of land in furtherance of an economic development project, and no agreement relating to the development of property in furtherance of an economic development project, shall be made without making public disclosure of the terms and disposition of all bids and proposals submitted to the municipality in connection with that action.

(3) To clear any area within an economic development project area by demolition or removal of any existing buildings, structures, fixtures, utilities, or improvements and to clear and grade land.

(4) To install, repair, construct, reconstruct, extend or relocate public streets, public utilities, and other public site improvements located outside the boundaries of an economic development project area that are essential to the preparation of an economic development project area for use in accordance with an economic development plan.

(5) To renovate, rehabilitate, reconstruct, relocate, repair, or remodel any existing buildings, improvements, and fixtures within an economic development project area.

(6) To install or construct any buildings, structures, works, streets, improvements, utilities, or fixtures within an economic development project area.

(7) To issue obligations as provided in this Act.

(8) To fix, charge, and collect fees, rents, and charges for the use of any building, facility, or property or any portion of a building, facility, or property owned or leased by the municipality in furtherance of an economic development project under this Act within an economic development project area.

(9) To accept grants, guarantees, donations of property or labor, or any other thing of value for use in connection with an economic development project.

(10) To pay or cause to be paid economic development project costs, including, specifically, to reimburse any developer or nongovernmental person for economic development project costs incurred by that person. Any payments to be made by a municipality to developers or other nongovernmental persons for economic development project costs incurred by the developer or other nongovernmental person shall be made only pursuant to the prior official action of the municipality evidencing an intent to pay or cause to be paid those economic development costs. A municipality is not required to obtain any right, title, or interest in any real or personal property in order to pay economic development project costs associated with the property. The municipality shall adopt accounting procedures necessary to determine that the economic development project costs are properly paid.

(11) To utilize revenues received under this Act from one economic development project area for economic development project costs in another economic development project area that is either contiguous to, or is separated only by a public right-of-way from, the economic development project area from which the revenues are received.

(12) To exercise any and all other powers necessary to effectuate the purposes of this Act.

(13) To create a commission of not less than 5 or more than 15 persons to be appointed by the corporate authorities of the municipality. Members of a commission shall be appointed for initial terms of 1, 2, 3, 4, and 5 years, respectively, in numbers to provide that the terms of not more than one-third of all the members shall expire in any one year. Their successors shall be appointed for a term of 5 years. The commission, subject to approval of the corporate authorities, may exercise the powers enumerated in this Section. The commission also may hold the public hearings required by this Act and make recommendations to the corporate authorities concerning the approval of economic development plans, the establishment of economic development project areas, and the adoption of tax increment allocation financing for economic development project areas.

When a commission created under this paragraph (13) receives any public funds or public monies, its board shall include not less than 2 members of a labor council or councils and not less than 2 members from 2 separate minority groups. The labor council or councils shall represent: (A) employees in the construction trades; and (B) employees in the public and private sector. The labor council and minority group members shall be full commission members with all rights and privileges and shall not be compensated.

For purposes of this paragraph:

"Labor council" means any organization representing multiple entities who are monitoring or attentive to compliance with public or workers' safety laws, wage and hour requirements, making or maintaining collective bargaining agreements, or other statutory requirements.

"Minority group" means a group that is a readily identifiable subset of the U.S. population and that is made up of persons who are any of the following:

(i) American Indian or Alaska Native (a person having origins in any of the original peoples of North and South America, including Central America, and who maintains tribal affiliation or community attachment).

(ii) Asian (a person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent, including, but not limited to, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam).

(iii) Black or African American (a person having origins in any of the black racial groups of Africa).

(iv) Hispanic or Latino (a person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race).

(v) Native Hawaiian or Other Pacific Islander (a person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands).

(vi) A woman.

(Source: P.A. 89-176, eff. 1-1-96.)