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Illinois Senate Bill SB3679

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3679 Compare Versions

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1-Public Act 103-0646
21 SB3679 EnrolledLRB103 39381 AWJ 69554 b SB3679 Enrolled LRB103 39381 AWJ 69554 b
32 SB3679 Enrolled LRB103 39381 AWJ 69554 b
4-AN ACT concerning local government.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 1. Short title. This Act may be cited as the
8-Business Improvement District Law.
9-Section 5. Purpose. The General Assembly finds that it is
10-in the interest of the State of Illinois to promote the
11-economic revitalization and physical maintenance of business
12-districts in order to create jobs, attract new businesses,
13-retain existing businesses, increase public safety, and spur
14-new investments. The General Assembly finds that this purpose
15-may best be accomplished by allowing business improvement
16-districts to fund business-related activities and improvements
17-through the levy of district charges upon the owners of real
18-property that receive benefits from those activities and
19-improvements.
20-Section 7. Applicability. This Act applies only to
21-municipalities having a population exceeding 500,000.
22-Section 10. Definitions. As used in this Act:
23-"Activities" means services provided for the purpose of
24-conferring benefit upon assessed owners of property located
3+1 AN ACT concerning local government.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 1. Short title. This Act may be cited as the
7+5 Business Improvement District Law.
8+6 Section 5. Purpose. The General Assembly finds that it is
9+7 in the interest of the State of Illinois to promote the
10+8 economic revitalization and physical maintenance of business
11+9 districts in order to create jobs, attract new businesses,
12+10 retain existing businesses, increase public safety, and spur
13+11 new investments. The General Assembly finds that this purpose
14+12 may best be accomplished by allowing business improvement
15+13 districts to fund business-related activities and improvements
16+14 through the levy of district charges upon the owners of real
17+15 property that receive benefits from those activities and
18+16 improvements.
19+17 Section 7. Applicability. This Act applies only to
20+18 municipalities having a population exceeding 500,000.
21+19 Section 10. Definitions. As used in this Act:
22+20 "Activities" means services provided for the purpose of
23+21 conferring benefit upon assessed owners of property located
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31-within a business improvement district, including, but not
32-limited to:
33-(1) promotion of events taking place within the
34-business improvement district;
35-(2) furnishing of music;
36-(3) marketing and economic development, including
37-retail retention and recruitment;
38-(4) providing security, sanitation, graffiti removal,
39-street and sidewalk cleaning, and other services
40-supplemental to base services; and
41-(5) other services provided for the purpose of
42-conferring benefit upon assessed owners of property
43-located within the business improvement district.
44-"Activities" does not include lobbying, as that term is
45-defined in Section 2 of the Lobbyist Registration Act and
46-Chapter 2-156 of the Municipal Code of Chicago.
47-"Base services" means services provided by any public
48-entity, or paid for wholly or in part out of public funds,
49-generally throughout a municipality to real property within
50-the municipality.
51-"Business improvement district" means a contiguous area
52-within a municipality in which activities, improvements, or
53-activities and improvements are provided in addition to base
54-services. Territory shall be considered contiguous for
55-purposes of this Act even though certain completely surrounded
56-portions of the territory are excluded from the business
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32+1 within a business improvement district, including, but not
33+2 limited to:
34+3 (1) promotion of events taking place within the
35+4 business improvement district;
36+5 (2) furnishing of music;
37+6 (3) marketing and economic development, including
38+7 retail retention and recruitment;
39+8 (4) providing security, sanitation, graffiti removal,
40+9 street and sidewalk cleaning, and other services
41+10 supplemental to base services; and
42+11 (5) other services provided for the purpose of
43+12 conferring benefit upon assessed owners of property
44+13 located within the business improvement district.
45+14 "Activities" does not include lobbying, as that term is
46+15 defined in Section 2 of the Lobbyist Registration Act and
47+16 Chapter 2-156 of the Municipal Code of Chicago.
48+17 "Base services" means services provided by any public
49+18 entity, or paid for wholly or in part out of public funds,
50+19 generally throughout a municipality to real property within
51+20 the municipality.
52+21 "Business improvement district" means a contiguous area
53+22 within a municipality in which activities, improvements, or
54+23 activities and improvements are provided in addition to base
55+24 services. Territory shall be considered contiguous for
56+25 purposes of this Act even though certain completely surrounded
57+26 portions of the territory are excluded from the business
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59-improvement district. For purposes of this Act, parcels are
60-within the same contiguous area if they touch or join one
61-another in a reasonably substantial physical sense or if they
62-meet the criteria for annexation to a municipality under
63-Section 7-1-1 of the Illinois Municipal Code.
64-"Clerk" means the municipal clerk.
65-"District charge" means a charge levied on behalf of a
66-business improvement district for the purpose of acquiring,
67-constructing, installing, or maintaining improvements or
68-providing activities that will confer special benefits upon
69-assessed property owners within the business improvement
70-district. District charges levied for the purpose of
71-conferring special benefits upon assessed property owners
72-within a business improvement district are not taxes for the
73-general benefit of a municipality, even if real property or
74-persons not charged receive incidental or collateral
75-beneficial effects.
76-"District management association" means a private or
77-not-for-profit entity that enters into a contract with a board
78-of directors of a business improvement district to administer
79-or implement activities and improvements specified in the
80-district plan for a business improvement district. A district
81-management association shall not be considered a public entity
82-for any purpose.
83-"District plan" means a proposal for a business
84-improvement district that contains the information described
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87-in Section 15.
88-"Governing body" means the corporate authorities of a
89-municipality.
90-"Improvements" means the acquisition, construction,
91-installation, or maintenance of any tangible property provided
92-for the purpose of conferring benefit upon assessed property
93-owners located within a business improvement district.
94-"Property owner" or "owner" means the record owner of fee
95-simple interest in a real property subject to assessment,
96-which will be deemed to be the person or entity that pays
97-property taxes on the real property according to county
98-records, unless another person or entity establishes to the
99-municipality by clear and convincing evidence that they are
100-the record owner of the fee simple interest.
101-"Public entity" means (i) the State or any agency, board,
102-or commission of the State, (ii) any school district, or (iii)
103-any unit of local government.
104-Section 15. District plan.
105-(a) A business improvement district established under this
106-Act is subject to and governed by a district plan, as may be
107-amended as set forth in Section 60, and filed with the clerk. A
108-district plan shall be prepared by the property owner or
109-owners who submit the written petition to the clerk under
110-Section 30.
111-(b) The district plan shall include, but need not be
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114-limited to, the following:
115-(1) The name of the business improvement district.
116-(2) A map of the business improvement district in
117-sufficient detail to allow a property owner to reasonably
118-determine whether a parcel of real property is located
119-within the boundaries of the business improvement
120-district.
121-(3) A description of the boundaries of the business
122-improvement district in a manner sufficient to identify
123-the real property included in the business improvement
124-district.
125-(4) The initial term of the business improvement
126-district.
127-(5) A statement identifying the activities and
128-improvements within the business improvement district that
129-may be provided from time to time for which property
130-owners will be charged and that the activities and
131-improvements that are provided may vary from year to year
132-and may differ by class.
133-(6) A statement identifying the maximum amount of the
134-annual district charge to be levied and that the maximum
135-amount of the annual district charge levied may vary from
136-year to year.
137-(7) A statement identifying the maximum amount of
138-total district charges to be levied for the term of the
139-business improvement district.
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68+1 improvement district. For purposes of this Act, parcels are
69+2 within the same contiguous area if they touch or join one
70+3 another in a reasonably substantial physical sense or if they
71+4 meet the criteria for annexation to a municipality under
72+5 Section 7-1-1 of the Illinois Municipal Code.
73+6 "Clerk" means the municipal clerk.
74+7 "District charge" means a charge levied on behalf of a
75+8 business improvement district for the purpose of acquiring,
76+9 constructing, installing, or maintaining improvements or
77+10 providing activities that will confer special benefits upon
78+11 assessed property owners within the business improvement
79+12 district. District charges levied for the purpose of
80+13 conferring special benefits upon assessed property owners
81+14 within a business improvement district are not taxes for the
82+15 general benefit of a municipality, even if real property or
83+16 persons not charged receive incidental or collateral
84+17 beneficial effects.
85+18 "District management association" means a private or
86+19 not-for-profit entity that enters into a contract with a board
87+20 of directors of a business improvement district to administer
88+21 or implement activities and improvements specified in the
89+22 district plan for a business improvement district. A district
90+23 management association shall not be considered a public entity
91+24 for any purpose.
92+25 "District plan" means a proposal for a business
93+26 improvement district that contains the information described
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142-(8) A statement identifying the proposed source or
143-sources of financing, including the proposed method and
144-basis of levying an assessment, in sufficient detail to
145-allow each property owner to calculate (i) the estimated
146-amount of the district charge to be levied upon the
147-property owner annually, (ii) the maximum amount of the
148-district charge that could be levied upon the property
149-owner annually, and (iii) the total amount of the district
150-charges that could be levied upon the property owner for
151-the term of the business improvement district.
152-(9) Any interest or penalties that may be imposed for
153-delinquent payment of a district charge.
154-(10) A list of the real property subject to a district
155-charge, and a statement of any proposed classifications.
156-The list shall include the permanent tax index number of
157-each parcel located within the business improvement
158-district.
159-(11) A statement of the real property classes exempt
160-from charge, and a list of the real property to be
161-exempted.
162-(12) A statement identifying the proposed procedures
163-for renewal, subject to the limitations under Section 55.
164-(13) A statement identifying the district management
165-association and the district management association's
166-anticipated liability insurance coverage limits if the
167-business improvement district will be contracting with a
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170-district management association.
171-(14) A statement identifying how unspent revenue
172-collected from district charges may be allocated, carried
173-over year to year, or returned to the assessed property
174-owners at the end of each year by applying the same method
175-and basis that was used to calculate the district charges
176-levied throughout the term of the business improvement
177-district.
178-(15) The manner by which an assessed property owner
179-may contest the calculation of a specific district charge.
180-(16) A statement identifying the business improvement
181-district's governance structure. The governance structure
182-shall include a board of directors, and the statement
183-shall identify the size of the board, the manner in which
184-directors are elected or appointed to serve on the board,
185-the term of the board members, and any other details
186-required under Section 50 of this Act.
187-(17) The anticipated annual percentage of total
188-district charges that will be allocated for administrative
189-expenses to operate and maintain the business improvement
190-district.
191-(18) A statement identifying if a class or classes of
192-real property exempt from district charges may elect to
193-have a district charge levied against the property for the
194-purposes of receiving benefits from the business
195-improvement district. If the district plan authorizes this
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198-elective participation, the district plan must also
199-identify the process by which the property owner
200-affirmatively elects to participate, the maximum annual
201-amount of district charges to be levied against the
202-property owner, and the maximum amount of total district
203-charges to be levied against the property owner for the
204-term of the business improvement district.
205-(19) Any proposed rules and regulations to be applied
206-to the business improvement district.
207-Section 20. Assessments and district charges.
208-(a) Each district plan shall provide for an assessment
209-levied upon property owners owning property within the
210-business improvement district upon which district charges are
211-based, except an assessment may not be levied against a public
212-entity even if the public entity owns property within the
213-business improvement district. Unless the district plan
214-provides for elective participation and the property owner
215-elects to have a district charge assessed and levied upon the
216-property owner, assessments may not be levied upon property
217-owners owning property within the business improvement
218-district that is classified for purposes of taxation under
219-established ordinance by the local county board as residential
220-or exempt from taxation, except that for properties located in
221-Cook County, this only applies to properties granted Class 0
222-and Class 2 classification under the classification system for
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104+1 in Section 15.
105+2 "Governing body" means the corporate authorities of a
106+3 municipality.
107+4 "Improvements" means the acquisition, construction,
108+5 installation, or maintenance of any tangible property provided
109+6 for the purpose of conferring benefit upon assessed property
110+7 owners located within a business improvement district.
111+8 "Property owner" or "owner" means the record owner of fee
112+9 simple interest in a real property subject to assessment,
113+10 which will be deemed to be the person or entity that pays
114+11 property taxes on the real property according to county
115+12 records, unless another person or entity establishes to the
116+13 municipality by clear and convincing evidence that they are
117+14 the record owner of the fee simple interest.
118+15 "Public entity" means (i) the State or any agency, board,
119+16 or commission of the State, (ii) any school district, or (iii)
120+17 any unit of local government.
121+18 Section 15. District plan.
122+19 (a) A business improvement district established under this
123+20 Act is subject to and governed by a district plan, as may be
124+21 amended as set forth in Section 60, and filed with the clerk. A
125+22 district plan shall be prepared by the property owner or
126+23 owners who submit the written petition to the clerk under
127+24 Section 30.
128+25 (b) The district plan shall include, but need not be
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225-assessment in effect when the assessment is levied. District
226-charges shall be levied at a rate or amount sufficient to
227-produce revenues required to provide the activities and
228-improvements specified in the district plan, except a district
229-charge may not be levied against a single property owner that
230-exceeds 20% of the total district charges assessed in the
231-business improvement district. The revenue from the levy of
232-district charges within a business improvement district may
233-not be used to provide services outside the business
234-improvement district or for any purpose other than the
235-purposes set forth in the ordinance adopting the district
236-plan. The business improvement district is not required to use
237-revenue from the levy of district charges within a business
238-improvement district to provide services to any property
239-wherein a district charge is not levied against the property
240-owner.
241-(b) District charges shall be levied on the basis of the
242-estimated benefit to the real property located within the
243-business improvement district. In determining the assessment,
244-the board of directors of a business improvement district may
245-reasonably classify real property for purposes of determining
246-benefit if so provided in the district plan. The
247-classification may be based on various factors, including, as
248-applicable, square footage, geography, or any other factor
249-reasonably relating to the benefit received. Certain classes
250-may be specified in the district plan as exempted from being
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253-charged if they would not receive a special benefit from the
254-activities and improvements. District charges need not be
255-imposed on different classes on the same basis or the same
256-rate.
257-(c) District charges levied upon property owners owning
258-property within the business improvement district may be
259-billed and collected as follows:
260-(1) the county collector of the county in which a
261-business improvement district is located may bill and
262-collect district charges with the regular property tax
263-bills of the county if requested by a municipality within
264-its jurisdiction that has established a business
265-improvement district; however, no municipality is required
266-to make this request of its county collector. If the
267-county collector agrees to bill and collect district
268-charges with the regular property tax bills of the county,
269-then the applicable district plan shall be filed with the
270-county collector and the annual amount due as set forth by
271-the board of directors of a business improvement district
272-shall become due in installments at the times property
273-taxes shall become due in accordance with each regular
274-property tax bill payable during the year in which the
275-district charge comes due. The county collector shall
276-promptly remit the district charges collected to the
277-municipality; or
278-(2) if the county collector does not agree to bill and
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281-collect district charges with the regular property tax
282-bills of the county or the municipality that has
283-established the business improvement district declines to
284-request the county collector to do so, then the
285-municipality shall bill and collect the district charges,
286-either directly or through a third party, and the annual
287-amount due as set forth by the board of directors of the
288-business improvement district in accordance with the
289-district plan shall become due in installments on or about
290-the times property taxes would otherwise become due in
291-accordance with each regular property tax bill payable
292-during the year in which the district charge comes due.
293-The governmental unit shall not bill the business
294-improvement district for the cost of billing and
295-collecting the district charges, but may pass on the
296-actual costs incurred if using a third party to bill and
297-collect the district charges.
298-(d) District charges shall be payable at the times and in
299-the manner set forth in the applicable bill. Delinquent
300-payments for district charges levied pursuant to this Act may
301-be charged interest and penalties as may be set forth in the
302-district plan.
303-(e) District charges shall promptly, and in no case later
304-than 90 days after collection, be remitted by the municipality
305-to the board of directors of a business improvement district.
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139+1 limited to, the following:
140+2 (1) The name of the business improvement district.
141+3 (2) A map of the business improvement district in
142+4 sufficient detail to allow a property owner to reasonably
143+5 determine whether a parcel of real property is located
144+6 within the boundaries of the business improvement
145+7 district.
146+8 (3) A description of the boundaries of the business
147+9 improvement district in a manner sufficient to identify
148+10 the real property included in the business improvement
149+11 district.
150+12 (4) The initial term of the business improvement
151+13 district.
152+14 (5) A statement identifying the activities and
153+15 improvements within the business improvement district that
154+16 may be provided from time to time for which property
155+17 owners will be charged and that the activities and
156+18 improvements that are provided may vary from year to year
157+19 and may differ by class.
158+20 (6) A statement identifying the maximum amount of the
159+21 annual district charge to be levied and that the maximum
160+22 amount of the annual district charge levied may vary from
161+23 year to year.
162+24 (7) A statement identifying the maximum amount of
163+25 total district charges to be levied for the term of the
164+26 business improvement district.
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308-Section 25. Boundaries of business improvement district.
309-(a) The boundaries of a proposed business improvement
310-district may not overlap with the boundaries of another
311-business improvement district or with the boundaries of a
312-special service area established pursuant to the Special
313-Service Area Tax Law.
314-(b) The boundaries of any proposed business improvement
315-district may overlap with the boundaries of a tax increment
316-financing district.
317-Section 30. Proposals to establish a business improvement
318-district.
319-(a) To propose a business improvement district, a written
320-petition satisfying the requirements of Section 75 shall be
321-filed with the clerk and shall include the name and legal
322-status of the filing party, information specifying where the
323-complete district plan can be obtained, and a summary of the
324-district plan that includes: the boundaries of the proposed
325-business improvement district; the proposed activities and
326-improvements and estimated amount of annual funding required;
327-the method of assessment; the business improvement district's
328-governance structure; and the total amount of the proposed
329-district charges. The information contained in the summary
330-shall be sufficient if it enables a property owner to
331-generally identify the location and extent of the proposed
332-business improvement district, the nature and extent of the
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335-activities and improvements, the estimated annual district
336-charge that the property owner would pay, and the maximum
337-annual district charge that the property owner would pay.
338-(b) Upon receiving a written petition to establish a
339-business improvement district and concluding that the petition
340-meets the requirements of Section 75, the clerk shall submit
341-the petition to the governing body.
342-Section 35. Resolution of intent to consider establishment
343-of a business improvement district. After receiving a verified
344-petition from the clerk, the governing body shall, within 90
345-days, adopt a resolution of intention to consider the
346-establishment of a business improvement district. The
347-resolution shall state the time and place of a public hearing
348-to be held by the governing body to consider establishment of a
349-business improvement district and shall restate all the
350-information contained in the petition regarding the boundaries
351-of the proposed business improvement district, the proposed
352-activities and improvements, and estimated amount of annual
353-funding required, the method of assessment, the governance
354-structure, and the total amount of the proposed district
355-charges anticipated for the initial term of the business
356-improvement district.
357-Section 40. Establishment.
358-(a) Within 30 days after the public hearing to consider
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361-establishment of a business improvement district, the party
362-who filed the district plan with the clerk may modify the
363-district plan, including to satisfy any applicable legal
364-requirements or remedy any deficiencies, prior to the adoption
365-of an ordinance establishing a business improvement district.
366-Any modification to the district plan that changes the source
367-or sources of financing, including the method and basis of
368-levying the district charge or an increase or reduction in the
369-maximum annual amount or maximum total amount of the district
370-charge against one or more properties within the business
371-improvement district, the procedures for renewal, the
372-boundaries of a business improvement district, the business
373-improvement district's board of director's governance
374-structure, the activities and improvements to be provided
375-within the business improvement district, or a change to the
376-filing party must be approved by a written petition that
377-conforms to the petition signature requirements set forth in
378-Section 75. If the district plan is so modified, the governing
379-body shall call an additional public hearing to hear and
380-consider objections to the modified district plan prior to the
381-adoption of an ordinance establishing a business improvement
382-district.
383-(b) If, following all required public hearings, the
384-governing body decides to establish a business improvement
385-district, the governing body shall adopt an ordinance
386-establishing the business improvement district that shall
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175+1 (8) A statement identifying the proposed source or
176+2 sources of financing, including the proposed method and
177+3 basis of levying an assessment, in sufficient detail to
178+4 allow each property owner to calculate (i) the estimated
179+5 amount of the district charge to be levied upon the
180+6 property owner annually, (ii) the maximum amount of the
181+7 district charge that could be levied upon the property
182+8 owner annually, and (iii) the total amount of the district
183+9 charges that could be levied upon the property owner for
184+10 the term of the business improvement district.
185+11 (9) Any interest or penalties that may be imposed for
186+12 delinquent payment of a district charge.
187+13 (10) A list of the real property subject to a district
188+14 charge, and a statement of any proposed classifications.
189+15 The list shall include the permanent tax index number of
190+16 each parcel located within the business improvement
191+17 district.
192+18 (11) A statement of the real property classes exempt
193+19 from charge, and a list of the real property to be
194+20 exempted.
195+21 (12) A statement identifying the proposed procedures
196+22 for renewal, subject to the limitations under Section 55.
197+23 (13) A statement identifying the district management
198+24 association and the district management association's
199+25 anticipated liability insurance coverage limits if the
200+26 business improvement district will be contracting with a
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389-include, but is not limited to, all the following information:
390-(1) A detailed description of: the boundaries of the
391-proposed business improvement district, which may be made
392-by reference to a plan or map; the proposed activities and
393-improvements, and an estimated amount of annual funding
394-required; the method of assessment; the maximum amount of
395-annual district charges; and the total amount of the
396-proposed district charges for the initial term of the
397-business improvement district. The descriptions shall be
398-sufficient if the descriptions enable a property owner to
399-generally identify the location and extent of the proposed
400-business improvement district, the nature and extent of
401-the activities and improvements, and the maximum annual
402-district charge that the property owner would pay.
403-(2) The time and place where any public hearing
404-concerning the establishment of the business improvement
405-district was held.
406-(3) A statement that the activities and improvements
407-to be conferred upon property owners will be funded by the
408-levy of district charges.
409-(4) A finding that each item in the district plan
410-satisfies all applicable legal requirements and that
411-establishing the business improvement district is in the
412-public interest.
413-(5) The adoption of the district plan, as may be
414-modified pursuant to subsection (a), including each item
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417-set forth in Section 15.
418-(6) A statement identifying the entity that will be
419-responsible for administering district charges, including
420-the functions of billing, collecting, and enforcement,
421-pursuant to Section 20.
422-(7) Authorization for the municipality to remit
423-district charges to the board of directors of a business
424-improvement district for the provision of activities and
425-improvement.
426-(8) The deadline and manner for submitting the annual
427-report required in Section 65.
428-(c) The ordinance establishing the business improvement
429-district may not create additional obligations, burdens,
430-requirements, liabilities, or restrictions for the business
431-improvement district, board of directors of a business
432-improvement district, or, when applicable, district management
433-association other than those that are expressly contemplated
434-by the district plan.
435-Section 45. Activities and improvements.
436-(a) Upon establishment of a business improvement district,
437-the municipality or county collector may levy and collect the
438-district charge pursuant to Section 20 as allowed by the
439-district plan and the ordinance adopting the district plan.
440-(b) Activities and improvements provided pursuant to this
441-Act shall be provided in addition to base services. The
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443208
444-appropriate municipality shall continue to provide the same
445-level of base services in any business improvement district as
446-is provided to other real property within the municipality.
447-The business improvement district is not expected or required
448-to supplement any base services, but the board of directors of
449-a business improvement district or the district management
450-association, whichever may be applicable, may cause activities
451-and improvements that supplement any base services within the
452-business improvement district in accordance with the district
453-plan.
454-Section 50. Governance.
455-(a) The board of directors of a business improvement
456-district shall be established as a not-for-profit corporation
457-subject to all applicable State and federal laws or
458-regulations.
459-(b) The bylaws of a board of directors of a business
460-improvement district shall provide for voting representation
461-of owners whose real property is located within the business
462-improvement district and may provide that the votes be
463-weighted in proportion to the district charge levied or to be
464-levied upon property owners within the business improvement
465-district, except the total number of votes assigned to one
466-owner may not exceed 20% of the total number of votes which may
467-be cast.
468-(c) In the initial year of the first term of a business
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211+1 district management association.
212+2 (14) A statement identifying how unspent revenue
213+3 collected from district charges may be allocated, carried
214+4 over year to year, or returned to the assessed property
215+5 owners at the end of each year by applying the same method
216+6 and basis that was used to calculate the district charges
217+7 levied throughout the term of the business improvement
218+8 district.
219+9 (15) The manner by which an assessed property owner
220+10 may contest the calculation of a specific district charge.
221+11 (16) A statement identifying the business improvement
222+12 district's governance structure. The governance structure
223+13 shall include a board of directors, and the statement
224+14 shall identify the size of the board, the manner in which
225+15 directors are elected or appointed to serve on the board,
226+16 the term of the board members, and any other details
227+17 required under Section 50 of this Act.
228+18 (17) The anticipated annual percentage of total
229+19 district charges that will be allocated for administrative
230+20 expenses to operate and maintain the business improvement
231+21 district.
232+22 (18) A statement identifying if a class or classes of
233+23 real property exempt from district charges may elect to
234+24 have a district charge levied against the property for the
235+25 purposes of receiving benefits from the business
236+26 improvement district. If the district plan authorizes this
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471-improvement district, unless a lower threshold is expressly
472-provided for in the district plan, all serving on the board of
473-directors shall be property owners, their property management
474-agents, or their tenant designees whose real property is
475-located within the business improvement district. After the
476-initial year of the first term of a business improvement
477-district, at least 25% of the members of the board of directors
478-must consist of tenant designees of property owners whose real
479-property is located within the business improvement district.
480-In order to satisfy the 25% tenant designee requirement, the
481-board may increase in size if permitted under the district
482-plan and bylaws of the board of directors pursuant to
483-subsection (b). As used in this subsection, "tenant designee"
484-includes (i) an individual, partnership, corporation,
485-association, joint venture, or other commercial entity that
486-maintains a tenancy agreement with a property owner for real
487-property located within the business improvement district or
488-(ii) a private or not-for-profit entity that represents the
489-interests of an individual partnership, corporation,
490-association, joint venture, or other commercial entity that
491-maintains a tenancy agreement with a property owner for real
492-property located within the business improvement district, and
493-who is required to pay some portion of the district charge
494-assessed against the property owner pursuant to the tenancy
495-agreement or some other written agreement maintained with the
496-property owner. In order for a tenant designee to be eligible
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499-to serve on the board of directors of a business improvement
500-district, the tenant designee's tenancy agreement with the
501-property owner must cover leased space that constitutes a
502-substantial percentage of the total leasable area within the
503-property owner's property located inside the business
504-improvement district and whose presence substantially
505-contributes to the property's overall economic viability. A
506-tenant designee may be deemed to substantially contribute to
507-the property's overall economic viability based on factors
508-such as leased square footage, revenue contribution, industry
509-prominence, or other considerations relevant to the property's
510-commercial dynamics. The determination of a tenant designee as
511-substantially contributing to the property's overall economic
512-viability shall be at the sole discretion of the property
513-owner. Failure to fill vacancies allocated to a tenant
514-designee do not prevent the board of directors from continuing
515-operations if the board of directors is operating consistent
516-with the bylaws of the board of directors and any applicable
517-State or federal law.
518-(d) The composition of the board of directors shall be
519-described in the statement identifying the governance
520-structure of the business improvement district in the district
521-plan. If allowed by the district plan, the bylaws of a board of
522-directors of a business improvement district may establish a
523-variable range for the size of the board by prescribing a
524-minimum and maximum number of directors. If a variable range
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527-is established, unless the district plan otherwise provides,
528-the number of directors may be fixed or changed from time to
529-time, within the minimum and maximum, by the directors without
530-further amendment to the bylaws.
531-(e) For each business improvement district, the board of
532-directors of the business improvement district may contract
533-with a district management association if so designated in the
534-district plan to administer the operation of and provide for
535-and maintain activities and improvements in and for a business
536-improvement district. The contract may provide for the
537-provision and maintenance of activities and improvements by
538-one or more subcontractors of a district management
539-association.
540-(f) In addition to other powers as are conferred on it by
541-law, the board of directors of a business improvement district
542-may make recommendations to the governing body with respect to
543-any matter involving or relating to the business improvement
544-district.
545-(g) For consideration as it may deem appropriate, the
546-governing body may license or grant to the board of directors
547-of a business improvement district the right to undertake or
548-permit commercial activities or other private uses of the
549-streets or other parts of the business improvement district in
550-which the municipality has any real property interest.
551-Section 55. Term; renewal.
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247+1 elective participation, the district plan must also
248+2 identify the process by which the property owner
249+3 affirmatively elects to participate, the maximum annual
250+4 amount of district charges to be levied against the
251+5 property owner, and the maximum amount of total district
252+6 charges to be levied against the property owner for the
253+7 term of the business improvement district.
254+8 (19) Any proposed rules and regulations to be applied
255+9 to the business improvement district.
256+10 Section 20. Assessments and district charges.
257+11 (a) Each district plan shall provide for an assessment
258+12 levied upon property owners owning property within the
259+13 business improvement district upon which district charges are
260+14 based, except an assessment may not be levied against a public
261+15 entity even if the public entity owns property within the
262+16 business improvement district. Unless the district plan
263+17 provides for elective participation and the property owner
264+18 elects to have a district charge assessed and levied upon the
265+19 property owner, assessments may not be levied upon property
266+20 owners owning property within the business improvement
267+21 district that is classified for purposes of taxation under
268+22 established ordinance by the local county board as residential
269+23 or exempt from taxation, except that for properties located in
270+24 Cook County, this only applies to properties granted Class 0
271+25 and Class 2 classification under the classification system for
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554-(a) The initial term for a business improvement district
555-shall be a maximum of 5 years. Any business improvement
556-district may be renewed one or more times by following the
557-procedures for renewal as provided in the district plan if
558-each property owner that is subject to assessment is notified
559-of a pending renewal. A renewal may not go into effect when,
560-prior to the effective date of the renewal, a written petition
561-seeking termination of the renewal that conforms to the
562-petition signature requirements set forth in Section 75 is
563-delivered to the clerk.
564-(b) Upon each renewal, a business improvement district
565-shall have an additional term not to exceed 10 years. Prior to
566-renewal, the ordinance adopting the district plan may be
567-amended pursuant to Section 60, with the amendments to take
568-effect upon renewal.
569-(c) Upon renewal, any remaining revenues derived from the
570-levy of district charges, or any revenues derived from the
571-sale of assets acquired with the revenues, shall be
572-transferred to the board of directors of the renewed business
573-improvement district. If the renewed business improvement
574-district includes additional real property not included within
575-the prior business improvement district, the remaining
576-revenues shall be spent to benefit only the real property
577-within the boundaries of the prior business improvement
578-district. If the renewed business improvement district does
579-not include real property included in the prior business
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582-improvement district, the remaining revenues attributable to
583-that real property shall be refunded to the property owners of
584-that real property.
585-Section 60. Amendments.
586-(a) Only upon the written request of the board of
587-directors of a business improvement district may the governing
588-body amend the ordinance adopting the district plan upon which
589-the establishment or renewal of the business improvement
590-district was based as set forth in this Section.
591-(b) Amendments that provide for any change to the source
592-or sources of financing, including the method and basis of
593-levying the district charge or an increase in the maximum
594-annual district charge or the maximum total district charges
595-for the term of the business improvement district, or that
596-provide for any change to the procedures for renewal may be
597-adopted by the governing body by ordinance if, after a public
598-hearing, the governing body determines that it is in the
599-public interest to authorize the change to the source or
600-sources of financing or to authorize the change to the
601-procedures for renewal.
602-(c) Amendments that provide for a change to the boundaries
603-of a business improvement district may be adopted by the
604-governing body by ordinance if, after a public hearing, the
605-governing body determines that it is in the public interest to
606-authorize the change to the boundaries of the business
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609-improvement district and, if applicable, that all newly
610-included property will benefit from the activities and
611-improvements provided. The governing body may change the
612-boundaries of a business improvement district by either
613-expanding or reducing the existing boundaries. If the change
614-to the boundaries is an expansion to existing boundaries, the
615-expansion area must be contiguous with an existing boundary
616-and the district charges upon property owners in the expansion
617-area shall comply with the requirements of Section 20. The
618-governing body may consider an expansion to the boundaries of
619-a business improvement district only upon receipt of a written
620-petition of property owners within the proposed expansion area
621-that conforms to the petition signature requirements set forth
622-in Section 75. Any revenues that are unspent at the time of an
623-amendment expanding the boundaries of a business improvement
624-district shall be spent to benefit only the real property
625-within the prior boundaries of the business improvement
626-district. If the change to the boundaries is a reduction to
627-existing boundaries, any revenues that are unspent at the time
628-of the amendment and are associated with real property that is
629-being removed from the business improvement district, then
630-those remaining revenues shall be refunded to the assessed
631-property owners of the real property. Any amendment that
632-changes the boundaries of a business improvement district
633-shall provide an updated map of the business improvement
634-district that reflects the expansion or reduction of its
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282+1 assessment in effect when the assessment is levied. District
283+2 charges shall be levied at a rate or amount sufficient to
284+3 produce revenues required to provide the activities and
285+4 improvements specified in the district plan, except a district
286+5 charge may not be levied against a single property owner that
287+6 exceeds 20% of the total district charges assessed in the
288+7 business improvement district. The revenue from the levy of
289+8 district charges within a business improvement district may
290+9 not be used to provide services outside the business
291+10 improvement district or for any purpose other than the
292+11 purposes set forth in the ordinance adopting the district
293+12 plan. The business improvement district is not required to use
294+13 revenue from the levy of district charges within a business
295+14 improvement district to provide services to any property
296+15 wherein a district charge is not levied against the property
297+16 owner.
298+17 (b) District charges shall be levied on the basis of the
299+18 estimated benefit to the real property located within the
300+19 business improvement district. In determining the assessment,
301+20 the board of directors of a business improvement district may
302+21 reasonably classify real property for purposes of determining
303+22 benefit if so provided in the district plan. The
304+23 classification may be based on various factors, including, as
305+24 applicable, square footage, geography, or any other factor
306+25 reasonably relating to the benefit received. Certain classes
307+26 may be specified in the district plan as exempted from being
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637-boundaries.
638-(d) Notice shall be given and public hearings shall be
639-held in accordance with Sections 80 and 85.
640-(e) An amendment not provided for in subsection (b) or (c)
641-may be adopted by the governing body by ordinance without
642-notice and a public hearing if the governing body determines
643-that the amendment is consistent with the objectives of the
644-district plan and is in the public interest to approve the
645-amendment, but the amendment may not create any additional
646-obligations, burdens, requirements, liabilities, or
647-restrictions for the business improvement district or the
648-board of directors of a business improvement district other
649-than those that are expressly allowed by the district plan.
650-Section 65. Reports.
651-(a) The board of directors of a business improvement
652-district or the district management association, whichever may
653-be applicable, shall prepare or have prepared a report for
654-each fiscal year, except the first fiscal year, for which
655-district charges are to be levied and collected to pay the
656-costs of activities and improvements. The first report shall
657-be submitted after the first year of operation of the business
658-improvement district.
659-(b) The report shall be submitted to the governing body,
660-and to each property owner subject to a district charge upon
661-request, and shall be made available for public inspection.
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664-The report shall refer to the business improvement district by
665-name, specify the fiscal year to which the report applies,
666-and, with respect to that fiscal year, shall contain, but is
667-not limited to, all the following information:
668-(1) The activities and improvements provided in the
669-previous fiscal year.
670-(2) The cost of the activities and improvements
671-provided in the previous fiscal year.
672-(3) Administrative expenses incurred in connection
673-with the activities and improvements provided in the
674-previous fiscal year.
675-(4) All other administrative expenses incurred in the
676-previous fiscal year not contemplated by paragraph (3).
677-(5) The amount of any surplus or deficit revenues to
678-be carried over from the previous fiscal year.
679-(6) A comparison of the projected budget to the actual
680-expenditures of the business improvement district for the
681-previous fiscal year.
682-(7) Planned activities and improvements and projected
683-costs and administrative expenses for the upcoming fiscal
684-year.
685-(8) When applicable, the annual performance evaluation
686-of the district management association to be conducted by
687-the board of directors for the business improvement
688-district.
689-(9) Applicable annual milestones and metrics for the
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692-purposes of measuring the success of the business
693-improvement district, including the impacts of the
694-activities and improvements contemplated by the district
695-plan on economic activity, labor market, public and
696-community safety statistics, and property values within
697-the business improvement district.
698-(10) Clear instructions on how to access any other
699-publicly available report or filing submitted by the
700-business improvement district under applicable State or
701-federal laws or regulations.
702-(c) In addition to the annual reporting requirement, the
703-board of directors of a business improvement district shall
704-notify the governing body of any proposed infrastructure or
705-capital project in excess of $50,000 within a reasonable time.
706-Section 70. Dissolution.
707-(a) After a public hearing on the subject of dissolution,
708-the governing body may dissolve by ordinance any business
709-improvement district in either of the following circumstances:
710-(1) If the governing body finds there has been
711-misappropriation of funds, malfeasance, or a violation of
712-law in connection with the management of the business
713-improvement district; or
714-(2) Each year during the term of the business
715-improvement district, there shall be a 60-day period in
716-which property owners who paid more than 50% of the total
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318+1 charged if they would not receive a special benefit from the
319+2 activities and improvements. District charges need not be
320+3 imposed on different classes on the same basis or the same
321+4 rate.
322+5 (c) District charges levied upon property owners owning
323+6 property within the business improvement district may be
324+7 billed and collected as follows:
325+8 (1) the county collector of the county in which a
326+9 business improvement district is located may bill and
327+10 collect district charges with the regular property tax
328+11 bills of the county if requested by a municipality within
329+12 its jurisdiction that has established a business
330+13 improvement district; however, no municipality is required
331+14 to make this request of its county collector. If the
332+15 county collector agrees to bill and collect district
333+16 charges with the regular property tax bills of the county,
334+17 then the applicable district plan shall be filed with the
335+18 county collector and the annual amount due as set forth by
336+19 the board of directors of a business improvement district
337+20 shall become due in installments at the times property
338+21 taxes shall become due in accordance with each regular
339+22 property tax bill payable during the year in which the
340+23 district charge comes due. The county collector shall
341+24 promptly remit the district charges collected to the
342+25 municipality; or
343+26 (2) if the county collector does not agree to bill and
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719-of district charges levied in the prior year may request
720-dissolution of a business improvement district by a
721-written petition that conforms to the petition signature
722-requirements set forth in Section 75. The first period
723-shall begin 60 days prior to one year after the date of
724-establishment of the district and shall continue for 60
725-days. The next 60-day period shall begin 60 days prior to 2
726-years after the date of the establishment of the district.
727-Each successive year during the term of the district shall
728-have a 60-day period beginning 60 days after the
729-anniversary of the date of the establishment of the
730-district.
731-(b) The governing body shall adopt a resolution of
732-intention to dissolve the business improvement district prior
733-to a public hearing required by this section. The resolution
734-shall state the reason for the dissolution, shall state the
735-time and place of the public hearing, and shall contain a
736-proposal to dispose of any assets acquired with the revenues
737-of district charges levied on behalf of the business
738-improvement district in accordance with subsection (d).
739-(c) Notice shall be given and public hearings shall be
740-held in accordance with Sections 80 and 85.
741-(d) Upon the dissolution or expiration without renewal of
742-a district, and after all outstanding debts are paid, any
743-remaining revenues derived from the levy of district charges,
744-including any remaining revenues from district charges
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746347
747-collected after dissolution, or derived from the sale of
748-assets acquired with these revenues or construction funds,
749-shall be either: (i) refunded to the property owners then
750-located or operating within the business improvement district
751-in which district charges were levied by applying the same
752-method and basis that was used to calculate the district
753-charges levied in the fiscal year in which the district
754-dissolves or expires; or (ii) spent on activities or
755-improvements specified in the district plan under a valid and
756-enforceable contract executed by the board of directors of a
757-business improvement district or the district management
758-association, whichever may be applicable, prior to the
759-dissolution. If the dissolution occurs before district charges
760-are levied for the fiscal year, the method and basis that was
761-used to calculate district charges levied in the immediate
762-prior fiscal year shall be used to calculate the amount of any
763-refund.
764-Section 75. Petition signature requirements. Any petition
765-required by this Act must be signed by property owners in the
766-proposed business improvement district or proposed expanded
767-area of a business improvement district, as the case may be,
768-who cumulatively are expected to pay more than 50% of the total
769-amount of the district charges proposed to be levied. All
770-signatures for a petition to establish or expand a business
771-improvement district must be collected within a period ending
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774-no more than 120 days from the initiation of the petition,
775-which date shall be specified on the petition.
776-Section 80. Manner of notice. In addition to any notice of
777-a public hearing issued by a governing body, the property
778-owner or owners who submit the written petition to the clerk
779-under Section 30 or, after a business improvement district is
780-established, the board of directors of a business improvement
781-district shall also provide notice of a public hearing
782-required under this Act. The notice of the public hearing
783-shall be given by publication and mailing. When notice by
784-publication is required, it shall be provided in both physical
785-and online form in a newspaper of general circulation within
786-the business improvement district at least once not less than
787-15 days prior to the public hearing. The notice must, in
788-addition, be published on the website of the business
789-improvement district or its district management association,
790-if the district or association has a website. Notice by
791-mailing shall be given by depositing the notice in the United
792-States mail addressed to each property owner subject to a
793-district charge, as well as all members of the board of
794-directors. The notice must, in addition, be electronically
795-mailed if an electronic mailing address is known for each
796-owner subject to a district charge as well as all members of
797-the board of directors. Notice shall be mailed and
798-electronically mailed not less than 14 days prior to the time
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354+1 collect district charges with the regular property tax
355+2 bills of the county or the municipality that has
356+3 established the business improvement district declines to
357+4 request the county collector to do so, then the
358+5 municipality shall bill and collect the district charges,
359+6 either directly or through a third party, and the annual
360+7 amount due as set forth by the board of directors of the
361+8 business improvement district in accordance with the
362+9 district plan shall become due in installments on or about
363+10 the times property taxes would otherwise become due in
364+11 accordance with each regular property tax bill payable
365+12 during the year in which the district charge comes due.
366+13 The governmental unit shall not bill the business
367+14 improvement district for the cost of billing and
368+15 collecting the district charges, but may pass on the
369+16 actual costs incurred if using a third party to bill and
370+17 collect the district charges.
371+18 (d) District charges shall be payable at the times and in
372+19 the manner set forth in the applicable bill. Delinquent
373+20 payments for district charges levied pursuant to this Act may
374+21 be charged interest and penalties as may be set forth in the
375+22 district plan.
376+23 (e) District charges shall promptly, and in no case later
377+24 than 90 days after collection, be remitted by the municipality
378+25 to the board of directors of a business improvement district.
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801-set for the public hearing. The mailed and electronically
802-mailed notice shall enclose or include information allowing a
803-property owner to obtain a copy of any proposed district plan
804-or proposed amended district plan.
805-Section 85. Public hearings. At a public hearing held
806-pursuant to this Act, any interested person, including all
807-property owners owning real property located within a proposed
808-or existing business improvement district, may file with the
809-clerk written objections to or statements in support of, and
810-may be heard orally, with respect to any matter embodied in the
811-district plan or concerning the management of the business
812-improvement district. The governing body shall hear and
813-consider all statements and objections at the public hearing.
814-The governing body may adjourn a public hearing to another
815-date without further notice other than a motion fixing the
816-time and place the public hearing will reconvene.
817-Section 90. Existing law. This Act provides an alternative
818-method of financing certain activities and improvements. The
819-provisions of this Act do not affect or limit any other
820-provisions of law authorizing or providing for the furnishing
821-of activities or improvements or the raising of revenue for
822-these purposes. Every special service area established
823-pursuant to the Special Service Area Tax Law is unaffected by
824-this Act.
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827-Section 95. Contesting validity. The validity of a
828-business improvement district created or amended, district
829-plan established, or district charge imposed under this Act
830-may not be contested in any action or proceeding unless the
831-action or proceeding is commenced: (1) within 30 days after
832-the formation ordinance is adopted; (2) with respect to
833-amendments under Section 60, within 30 days after an amendment
834-has been approved; or (3) with respect to district charges
835-imposed under this Act, within 30 days after receipt of the
836-bill containing the district charge. If a party appeals a
837-final judgment, the party filing the appeal shall request
838-discretionary acceleration under Supreme Court Rule 311(b).
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389+1 Section 25. Boundaries of business improvement district.
390+2 (a) The boundaries of a proposed business improvement
391+3 district may not overlap with the boundaries of another
392+4 business improvement district or with the boundaries of a
393+5 special service area established pursuant to the Special
394+6 Service Area Tax Law.
395+7 (b) The boundaries of any proposed business improvement
396+8 district may overlap with the boundaries of a tax increment
397+9 financing district.
398+10 Section 30. Proposals to establish a business improvement
399+11 district.
400+12 (a) To propose a business improvement district, a written
401+13 petition satisfying the requirements of Section 75 shall be
402+14 filed with the clerk and shall include the name and legal
403+15 status of the filing party, information specifying where the
404+16 complete district plan can be obtained, and a summary of the
405+17 district plan that includes: the boundaries of the proposed
406+18 business improvement district; the proposed activities and
407+19 improvements and estimated amount of annual funding required;
408+20 the method of assessment; the business improvement district's
409+21 governance structure; and the total amount of the proposed
410+22 district charges. The information contained in the summary
411+23 shall be sufficient if it enables a property owner to
412+24 generally identify the location and extent of the proposed
413+25 business improvement district, the nature and extent of the
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417+
418+
419+ SB3679 Enrolled - 12 - LRB103 39381 AWJ 69554 b
420+
421+
422+SB3679 Enrolled- 13 -LRB103 39381 AWJ 69554 b SB3679 Enrolled - 13 - LRB103 39381 AWJ 69554 b
423+ SB3679 Enrolled - 13 - LRB103 39381 AWJ 69554 b
424+1 activities and improvements, the estimated annual district
425+2 charge that the property owner would pay, and the maximum
426+3 annual district charge that the property owner would pay.
427+4 (b) Upon receiving a written petition to establish a
428+5 business improvement district and concluding that the petition
429+6 meets the requirements of Section 75, the clerk shall submit
430+7 the petition to the governing body.
431+8 Section 35. Resolution of intent to consider establishment
432+9 of a business improvement district. After receiving a verified
433+10 petition from the clerk, the governing body shall, within 90
434+11 days, adopt a resolution of intention to consider the
435+12 establishment of a business improvement district. The
436+13 resolution shall state the time and place of a public hearing
437+14 to be held by the governing body to consider establishment of a
438+15 business improvement district and shall restate all the
439+16 information contained in the petition regarding the boundaries
440+17 of the proposed business improvement district, the proposed
441+18 activities and improvements, and estimated amount of annual
442+19 funding required, the method of assessment, the governance
443+20 structure, and the total amount of the proposed district
444+21 charges anticipated for the initial term of the business
445+22 improvement district.
446+23 Section 40. Establishment.
447+24 (a) Within 30 days after the public hearing to consider
448+
449+
450+
451+
452+
453+ SB3679 Enrolled - 13 - LRB103 39381 AWJ 69554 b
454+
455+
456+SB3679 Enrolled- 14 -LRB103 39381 AWJ 69554 b SB3679 Enrolled - 14 - LRB103 39381 AWJ 69554 b
457+ SB3679 Enrolled - 14 - LRB103 39381 AWJ 69554 b
458+1 establishment of a business improvement district, the party
459+2 who filed the district plan with the clerk may modify the
460+3 district plan, including to satisfy any applicable legal
461+4 requirements or remedy any deficiencies, prior to the adoption
462+5 of an ordinance establishing a business improvement district.
463+6 Any modification to the district plan that changes the source
464+7 or sources of financing, including the method and basis of
465+8 levying the district charge or an increase or reduction in the
466+9 maximum annual amount or maximum total amount of the district
467+10 charge against one or more properties within the business
468+11 improvement district, the procedures for renewal, the
469+12 boundaries of a business improvement district, the business
470+13 improvement district's board of director's governance
471+14 structure, the activities and improvements to be provided
472+15 within the business improvement district, or a change to the
473+16 filing party must be approved by a written petition that
474+17 conforms to the petition signature requirements set forth in
475+18 Section 75. If the district plan is so modified, the governing
476+19 body shall call an additional public hearing to hear and
477+20 consider objections to the modified district plan prior to the
478+21 adoption of an ordinance establishing a business improvement
479+22 district.
480+23 (b) If, following all required public hearings, the
481+24 governing body decides to establish a business improvement
482+25 district, the governing body shall adopt an ordinance
483+26 establishing the business improvement district that shall
484+
485+
486+
487+
488+
489+ SB3679 Enrolled - 14 - LRB103 39381 AWJ 69554 b
490+
491+
492+SB3679 Enrolled- 15 -LRB103 39381 AWJ 69554 b SB3679 Enrolled - 15 - LRB103 39381 AWJ 69554 b
493+ SB3679 Enrolled - 15 - LRB103 39381 AWJ 69554 b
494+1 include, but is not limited to, all the following information:
495+2 (1) A detailed description of: the boundaries of the
496+3 proposed business improvement district, which may be made
497+4 by reference to a plan or map; the proposed activities and
498+5 improvements, and an estimated amount of annual funding
499+6 required; the method of assessment; the maximum amount of
500+7 annual district charges; and the total amount of the
501+8 proposed district charges for the initial term of the
502+9 business improvement district. The descriptions shall be
503+10 sufficient if the descriptions enable a property owner to
504+11 generally identify the location and extent of the proposed
505+12 business improvement district, the nature and extent of
506+13 the activities and improvements, and the maximum annual
507+14 district charge that the property owner would pay.
508+15 (2) The time and place where any public hearing
509+16 concerning the establishment of the business improvement
510+17 district was held.
511+18 (3) A statement that the activities and improvements
512+19 to be conferred upon property owners will be funded by the
513+20 levy of district charges.
514+21 (4) A finding that each item in the district plan
515+22 satisfies all applicable legal requirements and that
516+23 establishing the business improvement district is in the
517+24 public interest.
518+25 (5) The adoption of the district plan, as may be
519+26 modified pursuant to subsection (a), including each item
520+
521+
522+
523+
524+
525+ SB3679 Enrolled - 15 - LRB103 39381 AWJ 69554 b
526+
527+
528+SB3679 Enrolled- 16 -LRB103 39381 AWJ 69554 b SB3679 Enrolled - 16 - LRB103 39381 AWJ 69554 b
529+ SB3679 Enrolled - 16 - LRB103 39381 AWJ 69554 b
530+1 set forth in Section 15.
531+2 (6) A statement identifying the entity that will be
532+3 responsible for administering district charges, including
533+4 the functions of billing, collecting, and enforcement,
534+5 pursuant to Section 20.
535+6 (7) Authorization for the municipality to remit
536+7 district charges to the board of directors of a business
537+8 improvement district for the provision of activities and
538+9 improvement.
539+10 (8) The deadline and manner for submitting the annual
540+11 report required in Section 65.
541+12 (c) The ordinance establishing the business improvement
542+13 district may not create additional obligations, burdens,
543+14 requirements, liabilities, or restrictions for the business
544+15 improvement district, board of directors of a business
545+16 improvement district, or, when applicable, district management
546+17 association other than those that are expressly contemplated
547+18 by the district plan.
548+19 Section 45. Activities and improvements.
549+20 (a) Upon establishment of a business improvement district,
550+21 the municipality or county collector may levy and collect the
551+22 district charge pursuant to Section 20 as allowed by the
552+23 district plan and the ordinance adopting the district plan.
553+24 (b) Activities and improvements provided pursuant to this
554+25 Act shall be provided in addition to base services. The
555+
556+
557+
558+
559+
560+ SB3679 Enrolled - 16 - LRB103 39381 AWJ 69554 b
561+
562+
563+SB3679 Enrolled- 17 -LRB103 39381 AWJ 69554 b SB3679 Enrolled - 17 - LRB103 39381 AWJ 69554 b
564+ SB3679 Enrolled - 17 - LRB103 39381 AWJ 69554 b
565+1 appropriate municipality shall continue to provide the same
566+2 level of base services in any business improvement district as
567+3 is provided to other real property within the municipality.
568+4 The business improvement district is not expected or required
569+5 to supplement any base services, but the board of directors of
570+6 a business improvement district or the district management
571+7 association, whichever may be applicable, may cause activities
572+8 and improvements that supplement any base services within the
573+9 business improvement district in accordance with the district
574+10 plan.
575+11 Section 50. Governance.
576+12 (a) The board of directors of a business improvement
577+13 district shall be established as a not-for-profit corporation
578+14 subject to all applicable State and federal laws or
579+15 regulations.
580+16 (b) The bylaws of a board of directors of a business
581+17 improvement district shall provide for voting representation
582+18 of owners whose real property is located within the business
583+19 improvement district and may provide that the votes be
584+20 weighted in proportion to the district charge levied or to be
585+21 levied upon property owners within the business improvement
586+22 district, except the total number of votes assigned to one
587+23 owner may not exceed 20% of the total number of votes which may
588+24 be cast.
589+25 (c) In the initial year of the first term of a business
590+
591+
592+
593+
594+
595+ SB3679 Enrolled - 17 - LRB103 39381 AWJ 69554 b
596+
597+
598+SB3679 Enrolled- 18 -LRB103 39381 AWJ 69554 b SB3679 Enrolled - 18 - LRB103 39381 AWJ 69554 b
599+ SB3679 Enrolled - 18 - LRB103 39381 AWJ 69554 b
600+1 improvement district, unless a lower threshold is expressly
601+2 provided for in the district plan, all serving on the board of
602+3 directors shall be property owners, their property management
603+4 agents, or their tenant designees whose real property is
604+5 located within the business improvement district. After the
605+6 initial year of the first term of a business improvement
606+7 district, at least 25% of the members of the board of directors
607+8 must consist of tenant designees of property owners whose real
608+9 property is located within the business improvement district.
609+10 In order to satisfy the 25% tenant designee requirement, the
610+11 board may increase in size if permitted under the district
611+12 plan and bylaws of the board of directors pursuant to
612+13 subsection (b). As used in this subsection, "tenant designee"
613+14 includes (i) an individual, partnership, corporation,
614+15 association, joint venture, or other commercial entity that
615+16 maintains a tenancy agreement with a property owner for real
616+17 property located within the business improvement district or
617+18 (ii) a private or not-for-profit entity that represents the
618+19 interests of an individual partnership, corporation,
619+20 association, joint venture, or other commercial entity that
620+21 maintains a tenancy agreement with a property owner for real
621+22 property located within the business improvement district, and
622+23 who is required to pay some portion of the district charge
623+24 assessed against the property owner pursuant to the tenancy
624+25 agreement or some other written agreement maintained with the
625+26 property owner. In order for a tenant designee to be eligible
626+
627+
628+
629+
630+
631+ SB3679 Enrolled - 18 - LRB103 39381 AWJ 69554 b
632+
633+
634+SB3679 Enrolled- 19 -LRB103 39381 AWJ 69554 b SB3679 Enrolled - 19 - LRB103 39381 AWJ 69554 b
635+ SB3679 Enrolled - 19 - LRB103 39381 AWJ 69554 b
636+1 to serve on the board of directors of a business improvement
637+2 district, the tenant designee's tenancy agreement with the
638+3 property owner must cover leased space that constitutes a
639+4 substantial percentage of the total leasable area within the
640+5 property owner's property located inside the business
641+6 improvement district and whose presence substantially
642+7 contributes to the property's overall economic viability. A
643+8 tenant designee may be deemed to substantially contribute to
644+9 the property's overall economic viability based on factors
645+10 such as leased square footage, revenue contribution, industry
646+11 prominence, or other considerations relevant to the property's
647+12 commercial dynamics. The determination of a tenant designee as
648+13 substantially contributing to the property's overall economic
649+14 viability shall be at the sole discretion of the property
650+15 owner. Failure to fill vacancies allocated to a tenant
651+16 designee do not prevent the board of directors from continuing
652+17 operations if the board of directors is operating consistent
653+18 with the bylaws of the board of directors and any applicable
654+19 State or federal law.
655+20 (d) The composition of the board of directors shall be
656+21 described in the statement identifying the governance
657+22 structure of the business improvement district in the district
658+23 plan. If allowed by the district plan, the bylaws of a board of
659+24 directors of a business improvement district may establish a
660+25 variable range for the size of the board by prescribing a
661+26 minimum and maximum number of directors. If a variable range
662+
663+
664+
665+
666+
667+ SB3679 Enrolled - 19 - LRB103 39381 AWJ 69554 b
668+
669+
670+SB3679 Enrolled- 20 -LRB103 39381 AWJ 69554 b SB3679 Enrolled - 20 - LRB103 39381 AWJ 69554 b
671+ SB3679 Enrolled - 20 - LRB103 39381 AWJ 69554 b
672+1 is established, unless the district plan otherwise provides,
673+2 the number of directors may be fixed or changed from time to
674+3 time, within the minimum and maximum, by the directors without
675+4 further amendment to the bylaws.
676+5 (e) For each business improvement district, the board of
677+6 directors of the business improvement district may contract
678+7 with a district management association if so designated in the
679+8 district plan to administer the operation of and provide for
680+9 and maintain activities and improvements in and for a business
681+10 improvement district. The contract may provide for the
682+11 provision and maintenance of activities and improvements by
683+12 one or more subcontractors of a district management
684+13 association.
685+14 (f) In addition to other powers as are conferred on it by
686+15 law, the board of directors of a business improvement district
687+16 may make recommendations to the governing body with respect to
688+17 any matter involving or relating to the business improvement
689+18 district.
690+19 (g) For consideration as it may deem appropriate, the
691+20 governing body may license or grant to the board of directors
692+21 of a business improvement district the right to undertake or
693+22 permit commercial activities or other private uses of the
694+23 streets or other parts of the business improvement district in
695+24 which the municipality has any real property interest.
696+25 Section 55. Term; renewal.
697+
698+
699+
700+
701+
702+ SB3679 Enrolled - 20 - LRB103 39381 AWJ 69554 b
703+
704+
705+SB3679 Enrolled- 21 -LRB103 39381 AWJ 69554 b SB3679 Enrolled - 21 - LRB103 39381 AWJ 69554 b
706+ SB3679 Enrolled - 21 - LRB103 39381 AWJ 69554 b
707+1 (a) The initial term for a business improvement district
708+2 shall be a maximum of 5 years. Any business improvement
709+3 district may be renewed one or more times by following the
710+4 procedures for renewal as provided in the district plan if
711+5 each property owner that is subject to assessment is notified
712+6 of a pending renewal. A renewal may not go into effect when,
713+7 prior to the effective date of the renewal, a written petition
714+8 seeking termination of the renewal that conforms to the
715+9 petition signature requirements set forth in Section 75 is
716+10 delivered to the clerk.
717+11 (b) Upon each renewal, a business improvement district
718+12 shall have an additional term not to exceed 10 years. Prior to
719+13 renewal, the ordinance adopting the district plan may be
720+14 amended pursuant to Section 60, with the amendments to take
721+15 effect upon renewal.
722+16 (c) Upon renewal, any remaining revenues derived from the
723+17 levy of district charges, or any revenues derived from the
724+18 sale of assets acquired with the revenues, shall be
725+19 transferred to the board of directors of the renewed business
726+20 improvement district. If the renewed business improvement
727+21 district includes additional real property not included within
728+22 the prior business improvement district, the remaining
729+23 revenues shall be spent to benefit only the real property
730+24 within the boundaries of the prior business improvement
731+25 district. If the renewed business improvement district does
732+26 not include real property included in the prior business
733+
734+
735+
736+
737+
738+ SB3679 Enrolled - 21 - LRB103 39381 AWJ 69554 b
739+
740+
741+SB3679 Enrolled- 22 -LRB103 39381 AWJ 69554 b SB3679 Enrolled - 22 - LRB103 39381 AWJ 69554 b
742+ SB3679 Enrolled - 22 - LRB103 39381 AWJ 69554 b
743+1 improvement district, the remaining revenues attributable to
744+2 that real property shall be refunded to the property owners of
745+3 that real property.
746+4 Section 60. Amendments.
747+5 (a) Only upon the written request of the board of
748+6 directors of a business improvement district may the governing
749+7 body amend the ordinance adopting the district plan upon which
750+8 the establishment or renewal of the business improvement
751+9 district was based as set forth in this Section.
752+10 (b) Amendments that provide for any change to the source
753+11 or sources of financing, including the method and basis of
754+12 levying the district charge or an increase in the maximum
755+13 annual district charge or the maximum total district charges
756+14 for the term of the business improvement district, or that
757+15 provide for any change to the procedures for renewal may be
758+16 adopted by the governing body by ordinance if, after a public
759+17 hearing, the governing body determines that it is in the
760+18 public interest to authorize the change to the source or
761+19 sources of financing or to authorize the change to the
762+20 procedures for renewal.
763+21 (c) Amendments that provide for a change to the boundaries
764+22 of a business improvement district may be adopted by the
765+23 governing body by ordinance if, after a public hearing, the
766+24 governing body determines that it is in the public interest to
767+25 authorize the change to the boundaries of the business
768+
769+
770+
771+
772+
773+ SB3679 Enrolled - 22 - LRB103 39381 AWJ 69554 b
774+
775+
776+SB3679 Enrolled- 23 -LRB103 39381 AWJ 69554 b SB3679 Enrolled - 23 - LRB103 39381 AWJ 69554 b
777+ SB3679 Enrolled - 23 - LRB103 39381 AWJ 69554 b
778+1 improvement district and, if applicable, that all newly
779+2 included property will benefit from the activities and
780+3 improvements provided. The governing body may change the
781+4 boundaries of a business improvement district by either
782+5 expanding or reducing the existing boundaries. If the change
783+6 to the boundaries is an expansion to existing boundaries, the
784+7 expansion area must be contiguous with an existing boundary
785+8 and the district charges upon property owners in the expansion
786+9 area shall comply with the requirements of Section 20. The
787+10 governing body may consider an expansion to the boundaries of
788+11 a business improvement district only upon receipt of a written
789+12 petition of property owners within the proposed expansion area
790+13 that conforms to the petition signature requirements set forth
791+14 in Section 75. Any revenues that are unspent at the time of an
792+15 amendment expanding the boundaries of a business improvement
793+16 district shall be spent to benefit only the real property
794+17 within the prior boundaries of the business improvement
795+18 district. If the change to the boundaries is a reduction to
796+19 existing boundaries, any revenues that are unspent at the time
797+20 of the amendment and are associated with real property that is
798+21 being removed from the business improvement district, then
799+22 those remaining revenues shall be refunded to the assessed
800+23 property owners of the real property. Any amendment that
801+24 changes the boundaries of a business improvement district
802+25 shall provide an updated map of the business improvement
803+26 district that reflects the expansion or reduction of its
804+
805+
806+
807+
808+
809+ SB3679 Enrolled - 23 - LRB103 39381 AWJ 69554 b
810+
811+
812+SB3679 Enrolled- 24 -LRB103 39381 AWJ 69554 b SB3679 Enrolled - 24 - LRB103 39381 AWJ 69554 b
813+ SB3679 Enrolled - 24 - LRB103 39381 AWJ 69554 b
814+1 boundaries.
815+2 (d) Notice shall be given and public hearings shall be
816+3 held in accordance with Sections 80 and 85.
817+4 (e) An amendment not provided for in subsection (b) or (c)
818+5 may be adopted by the governing body by ordinance without
819+6 notice and a public hearing if the governing body determines
820+7 that the amendment is consistent with the objectives of the
821+8 district plan and is in the public interest to approve the
822+9 amendment, but the amendment may not create any additional
823+10 obligations, burdens, requirements, liabilities, or
824+11 restrictions for the business improvement district or the
825+12 board of directors of a business improvement district other
826+13 than those that are expressly allowed by the district plan.
827+14 Section 65. Reports.
828+15 (a) The board of directors of a business improvement
829+16 district or the district management association, whichever may
830+17 be applicable, shall prepare or have prepared a report for
831+18 each fiscal year, except the first fiscal year, for which
832+19 district charges are to be levied and collected to pay the
833+20 costs of activities and improvements. The first report shall
834+21 be submitted after the first year of operation of the business
835+22 improvement district.
836+23 (b) The report shall be submitted to the governing body,
837+24 and to each property owner subject to a district charge upon
838+25 request, and shall be made available for public inspection.
839+
840+
841+
842+
843+
844+ SB3679 Enrolled - 24 - LRB103 39381 AWJ 69554 b
845+
846+
847+SB3679 Enrolled- 25 -LRB103 39381 AWJ 69554 b SB3679 Enrolled - 25 - LRB103 39381 AWJ 69554 b
848+ SB3679 Enrolled - 25 - LRB103 39381 AWJ 69554 b
849+1 The report shall refer to the business improvement district by
850+2 name, specify the fiscal year to which the report applies,
851+3 and, with respect to that fiscal year, shall contain, but is
852+4 not limited to, all the following information:
853+5 (1) The activities and improvements provided in the
854+6 previous fiscal year.
855+7 (2) The cost of the activities and improvements
856+8 provided in the previous fiscal year.
857+9 (3) Administrative expenses incurred in connection
858+10 with the activities and improvements provided in the
859+11 previous fiscal year.
860+12 (4) All other administrative expenses incurred in the
861+13 previous fiscal year not contemplated by paragraph (3).
862+14 (5) The amount of any surplus or deficit revenues to
863+15 be carried over from the previous fiscal year.
864+16 (6) A comparison of the projected budget to the actual
865+17 expenditures of the business improvement district for the
866+18 previous fiscal year.
867+19 (7) Planned activities and improvements and projected
868+20 costs and administrative expenses for the upcoming fiscal
869+21 year.
870+22 (8) When applicable, the annual performance evaluation
871+23 of the district management association to be conducted by
872+24 the board of directors for the business improvement
873+25 district.
874+26 (9) Applicable annual milestones and metrics for the
875+
876+
877+
878+
879+
880+ SB3679 Enrolled - 25 - LRB103 39381 AWJ 69554 b
881+
882+
883+SB3679 Enrolled- 26 -LRB103 39381 AWJ 69554 b SB3679 Enrolled - 26 - LRB103 39381 AWJ 69554 b
884+ SB3679 Enrolled - 26 - LRB103 39381 AWJ 69554 b
885+1 purposes of measuring the success of the business
886+2 improvement district, including the impacts of the
887+3 activities and improvements contemplated by the district
888+4 plan on economic activity, labor market, public and
889+5 community safety statistics, and property values within
890+6 the business improvement district.
891+7 (10) Clear instructions on how to access any other
892+8 publicly available report or filing submitted by the
893+9 business improvement district under applicable State or
894+10 federal laws or regulations.
895+11 (c) In addition to the annual reporting requirement, the
896+12 board of directors of a business improvement district shall
897+13 notify the governing body of any proposed infrastructure or
898+14 capital project in excess of $50,000 within a reasonable time.
899+15 Section 70. Dissolution.
900+16 (a) After a public hearing on the subject of dissolution,
901+17 the governing body may dissolve by ordinance any business
902+18 improvement district in either of the following circumstances:
903+19 (1) If the governing body finds there has been
904+20 misappropriation of funds, malfeasance, or a violation of
905+21 law in connection with the management of the business
906+22 improvement district; or
907+23 (2) Each year during the term of the business
908+24 improvement district, there shall be a 60-day period in
909+25 which property owners who paid more than 50% of the total
910+
911+
912+
913+
914+
915+ SB3679 Enrolled - 26 - LRB103 39381 AWJ 69554 b
916+
917+
918+SB3679 Enrolled- 27 -LRB103 39381 AWJ 69554 b SB3679 Enrolled - 27 - LRB103 39381 AWJ 69554 b
919+ SB3679 Enrolled - 27 - LRB103 39381 AWJ 69554 b
920+1 of district charges levied in the prior year may request
921+2 dissolution of a business improvement district by a
922+3 written petition that conforms to the petition signature
923+4 requirements set forth in Section 75. The first period
924+5 shall begin 60 days prior to one year after the date of
925+6 establishment of the district and shall continue for 60
926+7 days. The next 60-day period shall begin 60 days prior to 2
927+8 years after the date of the establishment of the district.
928+9 Each successive year during the term of the district shall
929+10 have a 60-day period beginning 60 days after the
930+11 anniversary of the date of the establishment of the
931+12 district.
932+13 (b) The governing body shall adopt a resolution of
933+14 intention to dissolve the business improvement district prior
934+15 to a public hearing required by this section. The resolution
935+16 shall state the reason for the dissolution, shall state the
936+17 time and place of the public hearing, and shall contain a
937+18 proposal to dispose of any assets acquired with the revenues
938+19 of district charges levied on behalf of the business
939+20 improvement district in accordance with subsection (d).
940+21 (c) Notice shall be given and public hearings shall be
941+22 held in accordance with Sections 80 and 85.
942+23 (d) Upon the dissolution or expiration without renewal of
943+24 a district, and after all outstanding debts are paid, any
944+25 remaining revenues derived from the levy of district charges,
945+26 including any remaining revenues from district charges
946+
947+
948+
949+
950+
951+ SB3679 Enrolled - 27 - LRB103 39381 AWJ 69554 b
952+
953+
954+SB3679 Enrolled- 28 -LRB103 39381 AWJ 69554 b SB3679 Enrolled - 28 - LRB103 39381 AWJ 69554 b
955+ SB3679 Enrolled - 28 - LRB103 39381 AWJ 69554 b
956+1 collected after dissolution, or derived from the sale of
957+2 assets acquired with these revenues or construction funds,
958+3 shall be either: (i) refunded to the property owners then
959+4 located or operating within the business improvement district
960+5 in which district charges were levied by applying the same
961+6 method and basis that was used to calculate the district
962+7 charges levied in the fiscal year in which the district
963+8 dissolves or expires; or (ii) spent on activities or
964+9 improvements specified in the district plan under a valid and
965+10 enforceable contract executed by the board of directors of a
966+11 business improvement district or the district management
967+12 association, whichever may be applicable, prior to the
968+13 dissolution. If the dissolution occurs before district charges
969+14 are levied for the fiscal year, the method and basis that was
970+15 used to calculate district charges levied in the immediate
971+16 prior fiscal year shall be used to calculate the amount of any
972+17 refund.
973+18 Section 75. Petition signature requirements. Any petition
974+19 required by this Act must be signed by property owners in the
975+20 proposed business improvement district or proposed expanded
976+21 area of a business improvement district, as the case may be,
977+22 who cumulatively are expected to pay more than 50% of the total
978+23 amount of the district charges proposed to be levied. All
979+24 signatures for a petition to establish or expand a business
980+25 improvement district must be collected within a period ending
981+
982+
983+
984+
985+
986+ SB3679 Enrolled - 28 - LRB103 39381 AWJ 69554 b
987+
988+
989+SB3679 Enrolled- 29 -LRB103 39381 AWJ 69554 b SB3679 Enrolled - 29 - LRB103 39381 AWJ 69554 b
990+ SB3679 Enrolled - 29 - LRB103 39381 AWJ 69554 b
991+1 no more than 120 days from the initiation of the petition,
992+2 which date shall be specified on the petition.
993+3 Section 80. Manner of notice. In addition to any notice of
994+4 a public hearing issued by a governing body, the property
995+5 owner or owners who submit the written petition to the clerk
996+6 under Section 30 or, after a business improvement district is
997+7 established, the board of directors of a business improvement
998+8 district shall also provide notice of a public hearing
999+9 required under this Act. The notice of the public hearing
1000+10 shall be given by publication and mailing. When notice by
1001+11 publication is required, it shall be provided in both physical
1002+12 and online form in a newspaper of general circulation within
1003+13 the business improvement district at least once not less than
1004+14 15 days prior to the public hearing. The notice must, in
1005+15 addition, be published on the website of the business
1006+16 improvement district or its district management association,
1007+17 if the district or association has a website. Notice by
1008+18 mailing shall be given by depositing the notice in the United
1009+19 States mail addressed to each property owner subject to a
1010+20 district charge, as well as all members of the board of
1011+21 directors. The notice must, in addition, be electronically
1012+22 mailed if an electronic mailing address is known for each
1013+23 owner subject to a district charge as well as all members of
1014+24 the board of directors. Notice shall be mailed and
1015+25 electronically mailed not less than 14 days prior to the time
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1026+1 set for the public hearing. The mailed and electronically
1027+2 mailed notice shall enclose or include information allowing a
1028+3 property owner to obtain a copy of any proposed district plan
1029+4 or proposed amended district plan.
1030+5 Section 85. Public hearings. At a public hearing held
1031+6 pursuant to this Act, any interested person, including all
1032+7 property owners owning real property located within a proposed
1033+8 or existing business improvement district, may file with the
1034+9 clerk written objections to or statements in support of, and
1035+10 may be heard orally, with respect to any matter embodied in the
1036+11 district plan or concerning the management of the business
1037+12 improvement district. The governing body shall hear and
1038+13 consider all statements and objections at the public hearing.
1039+14 The governing body may adjourn a public hearing to another
1040+15 date without further notice other than a motion fixing the
1041+16 time and place the public hearing will reconvene.
1042+17 Section 90. Existing law. This Act provides an alternative
1043+18 method of financing certain activities and improvements. The
1044+19 provisions of this Act do not affect or limit any other
1045+20 provisions of law authorizing or providing for the furnishing
1046+21 of activities or improvements or the raising of revenue for
1047+22 these purposes. Every special service area established
1048+23 pursuant to the Special Service Area Tax Law is unaffected by
1049+24 this Act.
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1060+1 Section 95. Contesting validity. The validity of a
1061+2 business improvement district created or amended, district
1062+3 plan established, or district charge imposed under this Act
1063+4 may not be contested in any action or proceeding unless the
1064+5 action or proceeding is commenced: (1) within 30 days after
1065+6 the formation ordinance is adopted; (2) with respect to
1066+7 amendments under Section 60, within 30 days after an amendment
1067+8 has been approved; or (3) with respect to district charges
1068+9 imposed under this Act, within 30 days after receipt of the
1069+10 bill containing the district charge. If a party appeals a
1070+11 final judgment, the party filing the appeal shall request
1071+12 discretionary acceleration under Supreme Court Rule 311(b).
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