Full Text of HB3753 103rd General Assembly
HB3753 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB3753 Introduced 2/17/2023, by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED: |
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Creates the Land Bank Authority Act. Authorizes the corporate authorities of a municipality or county, or 2 or more municipalities or counties, to create a land bank by ordinance (for the corporate authorities of a home rule municipality or county), by entering into an intergovernmental cooperation agreement (for the corporate authorities of 2 or more municipalities and counties), or by authority already provided to a county, municipality, or other taxing district prior to the effective date of the Act. Includes provisions relating to legislative findings and purpose, definitions, and interpretation of the Act. Effective immediately.
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| | A BILL FOR |
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| | | HB3753 | | LRB103 30471 AWJ 56904 b |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the Land | 5 | | Bank Authority Act. | 6 | | Section 5. Definitions. As used in this Act, "land bank" | 7 | | means a public governmental entity created by one or more | 8 | | counties or municipalities in the manner set forth in this | 9 | | Act. | 10 | | Section 10. Findings; purpose. Vacant, abandoned, and | 11 | | tax-delinquent properties negatively impact the health, | 12 | | safety, and property values of Illinois residents in | 13 | | communities across Illinois and require significant taxpayer | 14 | | expenditures to address these harmful impacts. The purpose of | 15 | | this Act is to allow Illinois municipalities, counties, and | 16 | | other taxing districts to create a land bank to facilitate the | 17 | | return of vacant, abandoned, and tax-delinquent properties to | 18 | | productive use, thereby combating community decline, | 19 | | stimulating economic growth, stabilizing neighborhoods, and | 20 | | having a positive impact on residents and the local tax base. A | 21 | | land bank created in accordance with this Act serves a public | 22 | | purpose required under Section 1 of Article VIII of the |
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| 1 | | Illinois Constitution. | 2 | | Section 15. Interpretation. | 3 | | (a) This Act shall be construed liberally, and all powers | 4 | | granted in this Act shall be broadly interpreted to carry out | 5 | | the Act's intended purposes and not as a limitation of powers. | 6 | | (b) Nothing in this Act shall be interpreted to restrict | 7 | | or otherwise impose any additional limitations on the powers | 8 | | and authority already granted to municipalities and counties | 9 | | to create, establish, contract with, or operate an entity or | 10 | | agency to conduct land banking activities or other related | 11 | | activities, or to delegate certain governmental powers to a | 12 | | land bank as permitted by law. | 13 | | (c) A land bank created by a municipality or county prior | 14 | | to the enactment of this Act in the manner described in | 15 | | paragraph (3) of Section 20 shall be considered a land bank | 16 | | created under this Act on the effective date of this Act. | 17 | | Section 20. Creation of a land bank. The corporate | 18 | | authorities of a municipality or county, or 2 or more | 19 | | municipalities or counties, may create a land bank in one or | 20 | | more of the following ways: | 21 | | (1) The corporate authorities of any home rule | 22 | | municipality or county can create a land bank by passing | 23 | | an ordinance. | 24 | | (2) The corporate authorities of 2 or more |
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| 1 | | municipalities and counties may create a land bank by | 2 | | entering into an intergovernmental cooperation agreement | 3 | | pursuant to the authority granted to such municipalities | 4 | | or counties in Section 10 of Article VII of the Illinois | 5 | | Constitution and the Illinois Intergovernmental | 6 | | Cooperation Act if the land bank is created by one of the | 7 | | following combinations of counties and municipalities: | 8 | | (A) One or more counties and one or more | 9 | | municipalities, at least one of which is a home rule | 10 | | municipality; or | 11 | | (B) At least 3 or more municipalities, including | 12 | | at least one home rule municipality. | 13 | | (3) The land bank is a public agency formed prior to | 14 | | the effective date of this Act, pursuant to the authority | 15 | | granted to municipalities, counties, or other taxing | 16 | | districts in Section 10 of Article VII of the Illinois | 17 | | Constitution and the Illinois Intergovernmental | 18 | | Cooperation Act. | 19 | | Notwithstanding the manner in which the land bank was | 20 | | created, a land bank created under this Act shall itself be a | 21 | | public agency, as that term is defined in Section 2 of the | 22 | | Illinois Intergovernmental Cooperation Act, and governmental | 23 | | body politic and corporate.
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.
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