Illinois 2023-2024 Regular Session

Illinois House Bill HB3091 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3091 Introduced , by Rep. William "Will" Davis SYNOPSIS AS INTRODUCED: 65 ILCS 5/11-74.3-3 from Ch. 24, par. 11-74.3-3 Amends the Illinois Municipal Code. Makes a technical change in a Section concerning a business development or redevelopment plan under the Act. LRB103 30965 AWJ 57545 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3091 Introduced , by Rep. William "Will" Davis SYNOPSIS AS INTRODUCED: 65 ILCS 5/11-74.3-3 from Ch. 24, par. 11-74.3-3 65 ILCS 5/11-74.3-3 from Ch. 24, par. 11-74.3-3 Amends the Illinois Municipal Code. Makes a technical change in a Section concerning a business development or redevelopment plan under the Act. LRB103 30965 AWJ 57545 b LRB103 30965 AWJ 57545 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3091 Introduced , by Rep. William "Will" Davis SYNOPSIS AS INTRODUCED:
3	3	65 ILCS 5/11-74.3-3 from Ch. 24, par. 11-74.3-3 65 ILCS 5/11-74.3-3 from Ch. 24, par. 11-74.3-3
4	4	65 ILCS 5/11-74.3-3 from Ch. 24, par. 11-74.3-3
5	5	Amends the Illinois Municipal Code. Makes a technical change in a Section concerning a business development or redevelopment plan under the Act.
6	6	LRB103 30965 AWJ 57545 b LRB103 30965 AWJ 57545 b
7	7	LRB103 30965 AWJ 57545 b
8	8	A BILL FOR
9	9	HB3091LRB103 30965 AWJ 57545 b HB3091 LRB103 30965 AWJ 57545 b
10	10	HB3091 LRB103 30965 AWJ 57545 b
11	11	1 AN ACT concerning local government.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Illinois Municipal Code is amended by
15	15	5 changing Section 11-74.3-3 as follows:
16	16	6 (65 ILCS 5/11-74.3-3) (from Ch. 24, par. 11-74.3-3)
17	17	7 Sec. 11-74.3-3. Powers of municipalities. In addition to
18	18	8 the the powers a municipality may now have, a municipality
19	19	9 shall have the following powers:
20	20	10 (1) To make and enter into all contracts necessary or
21	21	11 incidental to the implementation and furtherance of a
22	22	12 business district plan. A contract by and between the
23	23	13 municipality and any developer or other nongovernmental
24	24	14 person to pay or reimburse said developer or other
25	25	15 nongovernmental person for business district project costs
26	26	16 incurred or to be incurred by said developer or other
27	27	17 nongovernmental person shall not be deemed an economic
28	28	18 incentive agreement under Section 8-11-20, notwithstanding
29	29	19 the fact that such contract provides for the sharing,
30	30	20 rebate, or payment of retailers' occupation taxes or
31	31	21 service occupation taxes (including, without limitation,
32	32	22 taxes imposed pursuant to subsection (10)) the
33	33	23 municipality receives from the development or
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3091 Introduced , by Rep. William "Will" Davis SYNOPSIS AS INTRODUCED:
38	38	65 ILCS 5/11-74.3-3 from Ch. 24, par. 11-74.3-3 65 ILCS 5/11-74.3-3 from Ch. 24, par. 11-74.3-3
39	39	65 ILCS 5/11-74.3-3 from Ch. 24, par. 11-74.3-3
40	40	Amends the Illinois Municipal Code. Makes a technical change in a Section concerning a business development or redevelopment plan under the Act.
41	41	LRB103 30965 AWJ 57545 b LRB103 30965 AWJ 57545 b
42	42	LRB103 30965 AWJ 57545 b
43	43	A BILL FOR
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49	49	65 ILCS 5/11-74.3-3 from Ch. 24, par. 11-74.3-3
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68	68	1 redevelopment of properties in the business district.
69	69	2 Contracts entered into pursuant to this subsection shall
70	70	3 be binding upon successor corporate authorities of the
71	71	4 municipality and any party to such contract may seek to
72	72	5 enforce and compel performance of the contract by civil
73	73	6 action, mandamus, injunction, or other proceeding.
74	74	7 (2) Within a business district, to acquire by
75	75	8 purchase, donation, or lease, and to own, convey, lease,
76	76	9 mortgage, or dispose of land and other real or personal
77	77	10 property or rights or interests therein; and to grant or
78	78	11 acquire licenses, easements, and options with respect
79	79	12 thereto, all in the manner and at such price authorized by
80	80	13 law. No conveyance, lease, mortgage, disposition of land
81	81	14 or other property acquired by the municipality, or
82	82	15 agreement relating to the development of property, shall
83	83	16 be made or executed except pursuant to prior official
84	84	17 action of the municipality. No conveyance, lease,
85	85	18 mortgage, or other disposition of land owned by the
86	86	19 municipality, and no agreement relating to the development
87	87	20 of property, within a business district shall be made
88	88	21 without making public disclosure of the terms and
89	89	22 disposition of all bids and proposals submitted to the
90	90	23 municipality in connection therewith.
91	91	24 (2.5) To acquire property by eminent domain in
92	92	25 accordance with the Eminent Domain Act.
93	93	26 (3) To clear any area within a business district by
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104	104	1 demolition or removal of any existing buildings,
105	105	2 structures, fixtures, utilities, or improvements, and to
106	106	3 clear and grade land.
107	107	4 (4) To install, repair, construct, reconstruct, or
108	108	5 relocate public streets, public utilities, and other
109	109	6 public site improvements within or without a business
110	110	7 district which are essential to the preparation of a
111	111	8 business district for use in accordance with a business
112	112	9 district plan.
113	113	10 (5) To renovate, rehabilitate, reconstruct, relocate,
114	114	11 repair, or remodel any existing buildings, structures,
115	115	12 works, utilities, or fixtures within any business
116	116	13 district.
117	117	14 (6) To construct public improvements, including but
118	118	15 not limited to buildings, structures, works, utilities, or
119	119	16 fixtures within any business district.
120	120	17 (7) To fix, charge, and collect fees, rents, and
121	121	18 charges for the use of any building, facility, or property
122	122	19 or any portion thereof owned or leased by the municipality
123	123	20 within a business district.
124	124	21 (8) To pay or cause to be paid business district
125	125	22 project costs. Any payments to be made by the municipality
126	126	23 to developers or other nongovernmental persons for
127	127	24 business district project costs incurred by such developer
128	128	25 or other nongovernmental person shall be made only
129	129	26 pursuant to the prior official action of the municipality
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140	140	1 evidencing an intent to pay or cause to be paid such
141	141	2 business district project costs. A municipality is not
142	142	3 required to obtain any right, title, or interest in any
143	143	4 real or personal property in order to pay business
144	144	5 district project costs associated with such property. The
145	145	6 municipality shall adopt such accounting procedures as
146	146	7 shall be necessary to determine that such business
147	147	8 district project costs are properly paid.
148	148	9 (8.5) Utilize up to 1% of the revenue from a business
149	149	10 district retailers' occupation tax and service occupation
150	150	11 tax imposed under paragraph (10) and a hotel operators'
151	151	12 occupation tax under paragraph (11) of Section 11-74.3-3
152	152	13 in connection with one business district for eligible
153	153	14 costs in another business district that is:
154	154	15 (A) contiguous to the business district from which
155	155	16 the revenues are received;
156	156	17 (B) separated only by a public right of way from
157	157	18 the business district from which the revenues are
158	158	19 received; or
159	159	20 (C) separated only by forest preserve property
160	160	21 from the business district from which the revenues are
161	161	22 received if the closest boundaries of the business
162	162	23 districts that are separated by the forest preserve
163	163	24 property are less than one mile apart.
164	164	25 (9) To apply for and accept grants, guarantees,
165	165	26 donations of property or labor or any other thing of value
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176	176	1 for use in connection with a business district project.
177	177	2 (10) If the municipality has by ordinance found and
178	178	3 determined that the business district is a blighted area
179	179	4 under this Law, to impose a retailers' occupation tax and
180	180	5 a service occupation tax in the business district for the
181	181	6 planning, execution, and implementation of business
182	182	7 district plans and to pay for business district project
183	183	8 costs as set forth in the business district plan approved
184	184	9 by the municipality.
185	185	10 (11) If the municipality has by ordinance found and
186	186	11 determined that the business district is a blighted area
187	187	12 under this Law, to impose a hotel operators' occupation
188	188	13 tax in the business district for the planning, execution,
189	189	14 and implementation of business district plans and to pay
190	190	15 for the business district project costs as set forth in
191	191	16 the business district plan approved by the municipality.
192	192	17 (Source: P.A. 99-452, eff. 1-1-16.)
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