MUNI CD-BUSINESS DIST DEVELOP
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SB 2523 — MUNI CD-BUSINESS DIST DEVELOP
Last action — Public Act . . . . . . . . . 96-1394
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 12, 2010. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
0 primary, 1 co-sponsors signed on.
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Cleared a recorded vote
Passed 4 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Amends the Illinois Municipal Code with respect to the "Business District Development and Redevelopment Law". Authorizes the issuance of bonds without referendum. Specifies notice requirements for a public hearing on a proposed business district plan. Sets forth the procedure for amending a business district plan. Specifies the requirements for a municipality to issue bonds for the payment or reimbursement of business district project costs. Makes numerous other changes. Provides that changes to the Law apply only to new business districts, unless an existing district is conformed by ordinance. Effective immediately.
Bill Text
What changed in the latest version
910 added · 934 removedPlain-language change summary
The latest version of Bill SB 2523 includes new provisions that allow municipalities to issue bonds without needing a public vote, streamlining the process for funding business district projects. Additionally, it lays out clear rules for public hearing notifications and outlines how business district plans can be amended. These changes are important because they give local governments more flexibility and speed in supporting economic development, while also ensuring some transparency and public involvement in the planning process.
SB2523 EngrossedEnrolled LRB096 16822 RLJ 32131 b AN ACT concerning local government.
The clerk shall certify the proposition of the corporate authorities to the proper election authority who shall submit the question at an election SB2523 EngrossedEnrolled - 2 - LRB096 16822 RLJ 32131 b in accordance with the general election law, subject to the notice provisions set forth in this Section.
(4) Bonds issued by any municipality under Sections 8-4-15 through 8-4-23, 11-23-1 through 11-23-12, 11-25-1 through 11-26-6, 11-71-1 through 11-71-10, 11-74.3-1 through 11-74.3-7, 11-74.4-1 through 11-74.4-11, 11-74.5-1 through 11-74.5-15, 11-94-1 through 11-94-7, 11-102-1 through 11-102-10, 11-103-11 through 11-103-15, 11-118-1 through 11-118-6, 11-119-1 through 11-119-5, 11-129-1 through 11-129-7, 11-133-1 through 11-133-4, 11-139-1 through SB2523 EngrossedEnrolled - 3 - LRB096 16822 RLJ 32131 b 11-139-12, 11-141-1 through 11-141-18 of this Code or 10-801 through 10-808 of the Illinois Highway Code, as amended;
SB2523 EngrossedEnrolled - 4 - LRB096 16822 RLJ 32131 b (13) Bonds to finance the cost of the acquisition, construction or improvement of water or wastewater treatment facilities mandated by an enforceable compliance schedule developed in connection with the federal Clean Water Act or a compliance order issued by the United States Environmental Protection Agency or the Illinois Pollution Control Board;
(1) It is may be considered essential to the economic and SB2523 EngrossedEnrolled - 5 - LRB096 16822 RLJ 32131 b social welfare of each municipality that business districts be developed, redeveloped, improved, maintained, and revitalized, that jobs and opportunity for employment be created within the municipality, and that, if blighting conditions are present, blighting conditions be eradicated by assuring opportunities for development or redevelopment, encouraging private investment, and attracting sound and stable business and commercial growth.
In order to reduce threats to and to promote and protect the health, safety, morals, and welfare of the public and to provide incentives which will create employment and job opportunities, will retain commercial businesses in the State and related job opportunities and will eradicate blighting conditions if SB2523 EngrossedEnrolled - 6 - LRB096 16822 RLJ 32131 b blighting conditions are present, and for the relief of unemployment and the maintenance of existing levels of employment, it is essential that plans for business districts be created and implemented and that business districts be created, developed, improved, maintained, and redeveloped.
(3) It is hereby declared to be the policy of the State, in the interest of promoting the health, safety, morals, and general welfare of all the people of the State, to provide incentives which will create new job opportunities and retain existing commercial businesses within the State and related job opportunities, and it is further determined and declared that the relief of conditions of unemployment, the maintenance of existing levels of employment, the creation of new job opportunities, the retention of existing commercial businesses, the increase of industry and commerce within the SB2523 EngrossedEnrolled - 7 - LRB096 16822 RLJ 32131 b State, the reduction of the evils attendant upon unemployment, and the increase and maintenance of the tax base of the State and its political subdivisions are public purposes and for the public safety, benefit, and welfare of the residents of this State.
(3) The exercise of the powers provided in this Division is dedicated to the promotion of the public interest and to the enhancement of the tax base of business districts, and the use of such powers for the development and redevelopment of business districts of a municipality is hereby declared to be a SB2523 EngrossedEnrolled - 8 - LRB096 16822 RLJ 32131 b public use essential to the public interest.
(5) The rate of any tax to be imposed pursuant to SB2523 EngrossedEnrolled - 9 - LRB096 16822 RLJ 32131 b subsection (11) or (12) of Section 11-74.3-3;
(d) At the public hearing or at any time prior to the adoption by the municipality of an ordinance approving a SB2523 EngrossedEnrolled - 10 - LRB096 16822 RLJ 32131 b business district plan, the municipality may make changes in the business district plan.
Changes which (i) alter the exterior boundaries of the proposed business district, (ii) substantially affect the general land uses described in the proposed business district plan, (iii) substantially change the nature of any proposed business district project, (iv) change the description of any proposed developer, user, or SB2523 EngrossedEnrolled - 11 - LRB096 16822 RLJ 32131 b tenant of any property to be located or improved within the proposed business district, (v) increase the total estimated business district project costs set out in the business district plan by more than 5%, (vi) add additional business district costs to the itemized list of estimated business district costs as proposed in the business district plan, or (vii) impose or increase the rate of any tax to be imposed pursuant to subsection (11) or (12) of Section 11-74.3-3 may be made by the municipality only after the municipality by ordinance fixes a time and place for, gives notice by publication of, and conducts a public hearing pursuant to the procedures set forth hereinabove.
Any ordinance adopted which designates a business district shall contain the boundaries of such business district by legal description and, where possible, by street location, a finding that the business district plan conforms to the comprehensive plan for the development of the municipality as a whole, or, for SB2523 EngrossedEnrolled - 12 - LRB096 16822 RLJ 32131 b municipalities with a population of 100,000 or more, regardless of when the business district plan was approved, the business district plan either (i) conforms to the strategic economic development or redevelopment plan issued by the designated planning authority or the municipality or (ii) includes land uses that have been approved by the planning commission of the municipality, and, for any business district in which the municipality intends to impose taxes as provided in subsection (11) or (12) of Section 11-74.3-3, a specific finding that the business district qualifies as a blighted area as defined in Section 11-74.3-5.
Changes which do not (i) alter the exterior boundaries of the proposed business district, (ii) substantially affect the general land uses described in the business district plan, (iii) substantially change the nature of any business district project, (iv) change the description of any developer, user, or tenant of any property to be located or improved within the proposed business district, (v) increase the total estimated business district project costs set out in the business district plan by more than 5% after adjustment for inflation from the date the business district plan was SB2523 EngrossedEnrolled - 13 - LRB096 16822 RLJ 32131 b approved, (vi) add additional business district costs to the itemized list of estimated business district costs as approved in the business district plan, or (vii) impose or increase the rate of any tax to be imposed pursuant to subsection (11) or (12) of Section 11-74.3-3 may be made by the municipality without further public hearing, provided the municipality shall give notice of its changes by publication in a newspaper of general circulation within the municipality.
Changes which (i) alter the exterior boundaries of the business district, (ii) substantially affect the general land uses described in the business district plan, (iii) substantially change the nature of any business district project, (iv) change the description of any developer, user, or tenant of any property to be located or improved within the proposed business district, (v) increase the total estimated business district project costs set out in the business district plan by more than 5% after adjustment for inflation from the date the business district plan was approved, (vi) add additional business district costs to the itemized list of estimated business district costs as approved in the business district plan, or (vii) impose or increase the rate of any tax to be imposed pursuant to subsection (11) or (12) of Section 11-74.3-3 may be made by the municipality only after the municipality by ordinance fixes a time and place for, gives SB2523 EngrossedEnrolled - 14 - LRB096 16822 RLJ 32131 b notice by publication of, and conducts a public hearing pursuant to the procedures set forth in this Section.
A contract by and between the municipality and any developer or other nongovernmental person to pay or reimburse said developer or other nongovernmental person for business district project costs incurred or to be incurred by said developer or other nongovernmental person shall not be deemed an economic incentive agreement under Section 8-11-20, notwithstanding the fact that such contract provides for the sharing, rebate, or payment of retailers' occupation taxes or service occupation taxes (including, without limitation, taxes imposed pursuant to subsection (11)) the SB2523 EngrossedEnrolled - 15 - LRB096 16822 RLJ 32131 b municipality receives from the development or redevelopment of properties in the business district.
(2) Within a business district, to acquire by purchase, donation, lease, or eminentlease, domain, and to own, convey, lease, mortgage, or dispose of land and other real or personal property or rights or interests therein;
and to grant or acquire licenses, easements, and options with respect thereto, all in the manner and at such price theauthorized municipalityby determineslaw. is reasonably necessary to achieve the objectives of the business district plan.
SB2523(2.5) Engrossed - 16 - LRB096 16822 RLJ 32131 b (3) To clearacquire anyproperty area within a business district by demolitioneminent ordomain removalin ofaccordance anywith existingthe buildings,Eminent structures,Domain fixtures,Act. utilities, or improvements, and to clear and grade land.
SB2523 Enrolled - 16 - LRB096 16822 RLJ 32131 b (3) To clear any area within a business district by demolition or removal of any existing buildings, structures, fixtures, utilities, or improvements, and to clear and grade land.
Any payments to be made by the municipality to developers or other nongovernmental persons for business district project costs incurred by such developer or other nongovernmental person shall be made only pursuant SB2523 EngrossedEnrolled - 17 - LRB096 16822 RLJ 32131 b to the prior official action of the municipality evidencing an intent to pay or cause to be paid such business district project costs.
(10) ToIf createthe amunicipality Businesshas Districtby Commissionordinance offound notand lessdetermined thanthat 5the orbusiness moredistrict thanis 15a personsblighted area under this Law, to beimpose appointeda byretailers' theoccupation mayortax orand presidenta ofservice theoccupation municipalitytax within the consentbusiness ofdistrict for the majorityplanning, execution, and implementation of business district plans and to pay for business district project costs as set forth in the corporatebusiness authoritiesdistrict ofplan approved by the municipality.
Members(11) ofIf the municipality has by ordinance found and determined that the business district is a commissionblighted shallarea beunder appointedthis Law, to impose a hotel operators' occupation tax in the business district for initialthe termsplanning, ofexecution, 1,and 2,implementation 3,of 4,business district plans and 5to years,pay respectively,for inthe suchbusiness numbersdistrict project costs as toset provideforth thatin the termsSB2523 ofEnrolled not- more18 than- 1/3LRB096 of16822 allRLJ such32131 membersb shallbusiness expiredistrict inplan anyapproved oneby year.the municipality.
Their(1) successorsTo shallapprove beall appointeddevelopment forand aredevelopment termproposals offor 5a years.business district.
The commission may also have the power to hold the public hearings required by this Law and to make recommendations to the corporate authorities concerning the approval of business district plans, the designation of business districts, and the imposition of retailers' occupation, SB2523 Engrossed - 18 - LRB096 16822 RLJ 32131 b service occupation, and hotel operators' occupation taxes as provided under this Act.
(11) If the municipality has by ordinance found and determined that the business district is a blighted area under this Law, to impose a retailers' occupation tax and a service occupation tax in the business district for the planning, execution, and implementation of business district plans and to pay for business district project costs as set forth in the business district plan approved by the municipality.
(12) If the municipality has by ordinance found and determined that the business district is a blighted area under this Law, to impose a hotel operators' occupation tax in the business district for the planning, execution, and implementation of business district plans and to pay for the business district project costs as set forth in the business district plan approved by the municipality.
(13) To utilize revenues received under this Law from one business district for eligible business district project costs in another business district that is contiguous to, or is separated only by a public right-of-way, the business district from which the revenues are received, provided that any transfer or loan of revenues from one business district to another area shall have first been approved in the business district plan approved for each business district.
SB2523 Engrossed - 19 - LRB096 16822 RLJ 32131 b (1) To approve all development and redevelopment proposals for a business district.
SB2523 Enrolled - 19 - LRB096 16822 RLJ 32131 b (9) To expend such public funds as may be necessary for SB2523 Engrossed - 20 - LRB096 16822 RLJ 32131 b the planning, execution and implementation of the business district plans.
(14)To issue obligations in one or more series bearing interest at rates determined by the corporate authorities of the municipality by ordinance and secured by the business district tax allocation fund set forth in Section 11-74.3-6 for the business district to provide for the SB2523 Enrolled - 20 - LRB096 16822 RLJ 32131 b payment of business district project costs.
SB2523 Engrossed - 21 - LRB096 16822 RLJ 32131 b This amendatory Act of the 91st General Assembly is declarative of existing law and is not a new enactment.
"Blighted area" means an area that is a blighted area which, by reason of the predominance of defective, non-existent, or inadequate street layout, unsanitary or unsafe conditions, deterioration of site improvements, improper subdivision or obsolete platting, or the existence of conditions which endanger life or property by fire or other causes, or any combination of those factors, retards the provision of housing accommodations or constitutes an economic orSB2523 socialEnrolled liability,- an21 economic- underutilizationLRB096 of16822 theRLJ area,32131 SB2523b Engrossedor -social 22liability, -an LRB096economic 16822underutilization RLJof 32131the barea, or a menace to the public health, safety, morals, or welfare.
and (vii) the rate of any tax to be imposed pursuant to subsection (11) or (12) of Section 11-74.3-3 and the period of time for which the tax SB2523 Enrolled - 22 - LRB096 16822 RLJ 32131 b shall be imposed.
SB2523 Engrossed - 23 - LRB096 16822 RLJ 32131 b "Business district project costs" shall mean and include the sum total of all costs incurred by a municipality, other governmental entity, or nongovernmental person in connection with a business district, in the furtherance of a business district plan, including, without limitation, the following:
(4) costs of installation, repair, construction, reconstruction, extension, or relocation of public streets, public utilities, and other public site SB2523 EngrossedEnrolled - 2423 - LRB096 16822 RLJ 32131 b streets, public utilities, and other public site improvements within or without the business district which are essential to the preparation of the business district for use in accordance with the business district plan, and specifically including payments to developers or other nongovernmental persons as reimbursement for site preparation costs incurred by the developer or nongovernmental person;
(7) financing costs, including but not limited to all necessary and incidental expenses related to the issuance of obligations, payment of any interest on any obligations issued under this Law that accrues during the estimated period of construction of any development or redevelopment projectSB2523 forEnrolled which- those24 obligations- areLRB096 issued16822 andRLJ for32131 notb SB2523project Engrossedfor -which 25those -obligations LRB096are 16822issued RLJand 32131for bnot exceeding 36 months thereafter, and any reasonable reserves related to the issuance of those obligations;
(2) The area proposed to be designated as a business districtSB2523 mustEnrolled be- contiguous25 and- mustLRB096 include16822 onlyRLJ parcels32131 SB2523b Engrosseddistrict -must 26be -contiguous LRB096and 16822must RLJinclude 32131only bparcels of real property directly and substantially benefited by the proposed business district development or redevelopment plan.
(ii) a general description of each project proposed to be undertaken within the business district, including a SB2523 EngrossedEnrolled - 2726 - LRB096 16822 RLJ 32131 b undertaken within the business district, including a description of the approximate location of each project;
(a) If the corporate authorities of a municipality have approved a business district development or redevelopment plan, have designated a business district, and have elected to impose a tax by ordinance pursuant to subsection (11) or (12) of Section 11-74.3-3, then subsections (b), (c), or (d) of this Section, each year after the date of the approval of the ordinance but terminating upon the date and until all business district project costs and all municipal obligations paying or reimbursing financing the business district project costs, if any, have been paid in accordance with the business district development or redevelopment plan, but in no event later longer SB2523 Enrolled - 27 - LRB096 16822 RLJ 32131 b than 23 years after the dissolution date of adoption of the SB2523 Engrossed - 28 - LRB096 16822 RLJ 32131 b ordinance approving the business district development or redevelopment plan, all amounts generated by the retailers' occupation tax and service occupation tax shall be collected and the tax shall be enforced by the Department of Revenue in the same manner as all retailers' occupation taxes and service occupation taxes imposed in the municipality imposing the tax and all amounts generated by the hotel operators' occupation tax shall be collected and the tax shall be enforced by the municipality in the same manner as all hotel operators' occupation taxes imposed in the municipality imposing the tax.
(b) The corporate authorities of a municipality that has designated established a business district under this Law Division 74.3 may, by ordinance or resolution, impose a Business District Retailers' Occupation Tax upon all persons engaged in the business of selling tangible personal property, other than an item of tangible personal property titled or registered with an agency of this State's government, at retail in the business district at a rate not to exceed 1% of the SB2523 Enrolled - 28 - LRB096 16822 RLJ 32131 b gross receipts from the sales made in the course of such SB2523 Engrossed - 29 - LRB096 16822 RLJ 32131 b business, to be imposed only in 0.25% increments.
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In the administration of, and compliance with, this subsection,SB2523 theEnrolled Department- and29 persons- whoLRB096 are16822 subjectRLJ to32131 thisb SB2523subsection, Engrossedthe -Department 30and -persons LRB096who 16822are RLJsubject 32131to bthis subsection shall have the same rights, remedies, privileges, immunities, powers and duties, and be subject to the same conditions, restrictions, limitations, penalties, exclusions, exemptions, and definitions of terms and employ the same modes of procedure, as are prescribed in Sections 1, 1a through 1o, 2 through 2-65 (in respect to all provisions therein other than the State rate of tax), 2c through 2h, 3 (except as to the disposition of taxes and penalties collected), 4, 5, 5a, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 12, 13, and 14 of the Retailers' Occupation Tax Act and all provisions of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth herein.
The refund shall be paid by the State Treasurer out of the business district retailers' occupation SB2523 EngrossedEnrolled - 3130 - LRB096 16822 RLJ 32131 b Treasurer out of the business district retailers' occupation tax fund.
The amount to be paid to each municipality shall be the amount (not including credit memoranda) collected under this subsection during the second preceding calendar month by the Department plus an amount the Department determines is necessary to offset any amounts that were erroneously paid to a different taxing body, and not including an amount equal to the amount of refunds made during the second preceding calendar month by the Department, less 2% of that amount, which shall be deposited into the Tax Compliance and Administration Fund and shall be used by the Department, subject to appropriation, to cover the costs of the Department in administering and enforcing the provisions of this subsection, on behalf of such municipality, and not including any amount that the Department determines is necessarySB2523 toEnrolled offset- any31 amounts- thatLRB096 were16822 payableRLJ to32131 ab SB2523necessary Engrossedto -offset 32any -amounts LRB096that 16822were RLJpayable 32131to ba different taxing body but were erroneously paid to the municipality.
The Department of Revenue shall not administer or enforce an ordinance imposing, discontinuing, or changing the rate of theSB2523 taxEnrolled under- this32 subsection,- untilLRB096 the16822 municipalityRLJ also32131 SB2523b Engrossedthe -tax 33under -this LRB096subsection, 16822until RLJthe 32131municipality balso provides, in the manner prescribed by the Department, the boundaries of the business district and each address in the business district in such a way that the Department can determine by its address whether a business is located in the business district.
If a retailer is incorrectly included or excluded from the list of those required to collect the tax under this subsection, both the DepartmentSB2523 ofEnrolled Revenue- and33 the- retailerLRB096 shall16822 beRLJ held32131 harmlessb SB2523Department Engrossedof -Revenue 34and -the LRB096retailer 16822shall RLJbe 32131held bharmless if they reasonably relied on information provided by the municipality.
(c) If a tax has been imposed under subsection (b), a Business District Service Occupation Tax shall also be imposed upon all persons engaged, in the business district, in the business of making sales of service, who, as an incident to making those sales of service, transfer tangible personal property within the business district, either in the form of tangible personal property or in the form of real estate as an SB2523 Enrolled - 34 - LRB096 16822 RLJ 32131 b incident to a sale of service.
The tax shall be imposed at the SB2523 Engrossed - 35 - LRB096 16822 RLJ 32131 b same rate as the tax imposed in subsection (b) and shall not exceed 1% of the selling price of tangible personal property so transferred within the business district, to be imposed only in 0.25% increments.
to dispose of taxes and penalties so SB2523 Enrolled - 35 - LRB096 16822 RLJ 32131 b collected in the manner hereinafter provided;
and to determine SB2523 Engrossed - 36 - LRB096 16822 RLJ 32131 b all rights to credit memoranda arising on account of the erroneous payment of tax or penalty under this subsection.
Persons subject to any tax imposed under the authority granted in this subsection may reimburse themselves for their serviceman's tax liability hereunder by separately stating the SB2523 EngrossedEnrolled - 3736 - LRB096 16822 RLJ 32131 b serviceman's tax liability hereunder by separately stating the tax as an additional charge, which charge may be stated in combination, in a single amount, with State tax that servicemen are authorized to collect under the Service Use Tax Act, in accordance with such bracket schedules as the Department may prescribe.
The amount to be paid to each municipality shall be the amount (not including credit memoranda) collected under this subsection during the second SB2523 EngrossedEnrolled - 3837 - LRB096 16822 RLJ 32131 b memoranda) collected under this subsection during the second preceding calendar month by the Department, less 2% of that amount, which shall be deposited into the Tax Compliance and Administration Fund and shall be used by the Department, subject to appropriation, to cover the costs of the Department in administering and enforcing the provisions of this subsection, and not including an amount equal to the amount of refunds made during the second preceding calendar month by the Department on behalf of such municipality.
or (ii) be adopted and a certified copy thereof filed with the Department on or before SB2523 Enrolled - 38 - LRB096 16822 RLJ 32131 b the first day of October, whereupon, if all other conditions of SB2523 Engrossed - 39 - LRB096 16822 RLJ 32131 b this subsection are met, the Department shall proceed to administer and enforce this subsection as of the first day of January next following the adoption and filing.
The municipality must provide this boundary change information or address change, addition, or deletion to the Department on or before April 1 for administration and enforcement by the Department of the change beginning on the following July 1 and onSB2523 orEnrolled before- October39 1- forLRB096 administration16822 andRLJ enforcement32131 byb SB2523on Engrossedor -before 40October -1 LRB096for 16822administration RLJand 32131enforcement bby the Department of the change beginning on the following January 1.
(d) By ordinance, a municipality that has designated established a business district under this Law Division 74.3 may impose an occupation tax upon all persons engaged in the business district in the business of renting, leasing, or letting rooms in a hotel, as defined in the Hotel Operators' Occupation Tax Act, at a rate not to exceed 1% of the gross rental receipts from the renting, leasing, or letting of hotel SB2523 Enrolled - 40 - LRB096 16822 RLJ 32131 b rooms within the business district, to be imposed only in 0.25% SB2523 Engrossed - 41 - LRB096 16822 RLJ 32131 b increments, excluding, however, from gross rental receipts the proceeds of renting, leasing, or letting to permanent residents of a hotel, as defined in the Hotel Operators' Occupation Tax Act, and proceeds from the tax imposed under subsection (c) of Section 13 of the Metropolitan Pier and Exposition Authority Act.
Persons subject to any tax imposed under the authority granted in this subsection may reimburse themselves for their SB2523 Enrolled - 41 - LRB096 16822 RLJ 32131 b tax liability for that tax by separately stating that tax as an SB2523 Engrossed - 42 - LRB096 16822 RLJ 32131 b additional charge, which charge may be stated in combination, in a single amount, with State taxes imposed under the Hotel Operators' Occupation Tax Act, and with any other tax.
Whenever a municipality pledges all of the funds to the credit ofSB2523 aEnrolled business- district42 tax- allocationLRB096 fund16822 toRLJ secure32131 SB2523b Engrossedof -a 43business -district LRB096tax 16822allocation RLJfund 32131to bsecure obligations issued or to be issued to pay or reimburse business district project costs, the municipality may specifically provide that funds remaining to the credit of such business district tax allocation fund after the payment of such obligations shall be accounted for annually and shall be deemed to be "surplus" funds, and such "surplus" funds shall be expended by the municipality for any business district project cost as approved in the business district plan.
The ordinance authorizing the obligations may require that the obligations containSB2523 aEnrolled recital- that43 they- areLRB096 issued16822 pursuantRLJ to32131 subsectionb SB2523contain Engrosseda -recital 44that -they LRB096are 16822issued RLJpursuant 32131to bsubsection (14) of Section 11-74.3-3 and this recital shall be conclusive evidence of their validity and of the regularity of their issuance.
Without limiting the foregoing in this Section, the municipality may further secure obligations secured by the business district tax allocation fund with a pledge, for a period not greater than the term of the obligations and in any SB2523 Enrolled - 44 - LRB096 16822 RLJ 32131 b case not longer than the dissolution date, of any part or any SB2523 Engrossed - 45 - LRB096 16822 RLJ 32131 b combination of the following:
Such obligations may be issued in one or more series, bear such date or dates, become due at such time or times as therein provided, but in any case not later than (i) 20 years after the date of issue or (ii) the dissolution date, whichever is earlier, bear interest payable at such intervals and at such rate or rates as set forth therein, except as may be limited by applicable law, which rate or rates may be fixed or variable, be in such denominations, be in such form, either coupon, registered, or book-entry, carry such conversion, registration and exchange privileges, be subject to defeasance upon such terms, have such rank or priority, be executed in such manner, be payable in such medium or payment at such place or places within or without the State, make provision for a corporate trustee within or without the State with respect to such obligations, prescribe the rights, powers, and duties thereof to be exercised for the benefit of the municipality and the SB2523 Enrolled - 45 - LRB096 16822 RLJ 32131 b benefit of the owners of such obligations, provide for the holding in trust, investment, and use of moneys, funds, and SB2523 Engrossed - 46 - LRB096 16822 RLJ 32131 b accounts held under an ordinance, provide for assignment of and direct payment of the moneys to pay such obligations or to be deposited into such funds or accounts directly to such trustee, be subject to such terms of redemption with or without premium, and be sold at such price, all as the corporate authorities shall determine.
The publication of the ordinance shall be accompanied by a notice of (i) the specific number of voters SB2523 Enrolled - 46 - LRB096 16822 RLJ 32131 b required to sign a petition requesting the question of the issuance of the obligations or pledging such ad valorem taxes SB2523 Engrossed - 47 - LRB096 16822 RLJ 32131 b to be submitted to the electors;
The municipality shall certify the proposition to the proper election authorities for submission in accordance with SB2523 Enrolled - 47 - LRB096 16822 RLJ 32131 b the general election law.
The ordinance authorizing the obligations may provide that SB2523 Engrossed - 48 - LRB096 16822 RLJ 32131 b the obligations shall contain a recital that they are issued pursuant to this Law, which recital shall be conclusive evidence of their validity and of the regularity of their issuance.
A municipality may also issue its obligations to refund, in whole or in part, obligations theretofore issued by the municipality under the authority of this Law, whether at or SB2523 Enrolled - 48 - LRB096 16822 RLJ 32131 b prior to maturity.
However, the last maturity of the refunding obligations shall not be expressed to mature later than the SB2523 Engrossed - 49 - LRB096 16822 RLJ 32131 b dissolution date.
Upon payment of all business district project costs and retirement of all obligations paying or reimbursing business district SB2523 Enrolled - 49 - LRB096 16822 RLJ 32131 b project costs, but in no event more than 23 years after the date of adoption of the ordinance imposing taxes pursuant to SB2523 Engrossed - 50 - LRB096 16822 RLJ 32131 b subsections (11) or (12) of Section 11-74.3-3, the municipality shall adopt an ordinance immediately rescinding the taxes imposed pursuant to said subsections.
This Act takes effect upon SB2523 Enrolled - 50 - LRB096 16822 RLJ 32131 b becoming law.
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Action History
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Public Act . . . . . . . . . 96-1394
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Effective Date July 29, 2010
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Governor Approved
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Sent to the Governor
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Passed Both Houses
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House Floor Amendment No. 2 Senate Concurs 038-016-001
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House Committee Amendment No. 1 Senate Concurs 038-016-001
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House Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Local Government; 006-002-000
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House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Local Government; 006-002-000
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House Floor Amendment No. 2 Motion to Concur Assignments Referred to Local Government
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House Committee Amendment No. 1 Motion to Concur Assignments Referred to Local Government
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House Floor Amendment No. 2 Motion to Concur Referred to Assignments
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House Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. James F. Clayborne, Jr.
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House Committee Amendment No. 1 Motion to Concur Referred to Assignments
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House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. James F. Clayborne, Jr.
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Placed on Calendar Order of Concurrence House Amendment(s) 1, 2 - May 6, 2010
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Secretary's Desk - Concurrence House Amendment(s) 1, 2
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Third Reading - Short Debate - Passed 090-027-000
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Placed on Calendar Order of 3rd Reading - Short Debate
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House Floor Amendment No. 2 Adopted by Voice Vote
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House Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000
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House Floor Amendment No. 2 Referred to Rules Committee
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House Floor Amendment No. 2 Filed with Clerk by Rep. Barbara Flynn Currie
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Held on Calendar Order of Second Reading - Short Debate
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Second Reading - Short Debate
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass as Amended / Short Debate Revenue & Finance Committee; 010-001-000
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House Committee Amendment No. 1 Adopted in Revenue & Finance Committee; by Voice Vote
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House Committee Amendment No. 1 Filed with Clerk by Revenue & Finance Committee
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Remains in Revenue & Finance Committee
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Recommends Do Pass Subcommittee/ Revenue & Finance Committee; 003-000-000
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Assigned to Revenue & Finance Committee
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Final Action Deadline Extended-9(b) May 7, 2010
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Rule 19(a) / Re-referred to Rules Committee
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Assigned to Revenue & Finance Committee
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Referred to Rules Committee
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First Reading
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Placed on Calendar Order of First Reading
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Chief House Sponsor Rep. Thomas Holbrook
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Arrived in House
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Third Reading - Passed; 031-020-000
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Placed on Calendar Order of 3rd Reading February 23, 2010
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Second Reading
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Placed on Calendar Order of 2nd Reading February 18, 2010
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Do Pass Local Government; 006-002-000
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Assigned to Local Government
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Referred to Assignments
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First Reading
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Filed with Secretary by Sen. James F. Clayborne, Jr.
Sponsors
- Jr. James F. Clayborne · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 1 co-sponsors · 182 not signed on · 6 voted No
Sponsors (0)
None.
Co-sponsors (1)
- James F. Clayborne, Jr.
Not signed on (182)
182 members have not signed on to this bill.
Show all 182 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 8 | 1 | 0 | 0 |
| Unaffiliated | 30 | 14 | 0 | 5 |
| Republican | 0 | 1 | 0 | 0 |
| Total | 38 | 16 | 0 | 5 |
| % of votes cast | 64% | 27% | 0% | 8% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Muñoz | — | Yea |
| Hutchinson | — | Yea |
| Noland | — | Yea |
| Kotowski | — | Yea |
| Meeks | — | Yea |
| Schoenberg | — | Yea |
| Steans | — | Yea |
| Demuzio | — | Yea |
| Jacobs | — | Yea |
| Sullivan | — | Yea |
| Forby | — | Yea |
| Frerichs | — | Yea |
| Lauzen | — | Nay |
| Link | — | Yea |
| Luechtefeld | — | Not Voting |
| Maloney | — | Yea |
| Cullerton | — | Yea |
| Millner | — | Nay |
| Pankau | — | Nay |
| Radogno | — | Not Voting |
| Jones, J. | — | Nay |
| Trotter | — | Yea |
| Brady | — | Not Voting |
| Viverito | — | Yea |
| Wilhelmi | — | Yea |
| Clayborne | — | Yea |
| Cronin | — | Nay |
| Crotty | — | Yea |
| Dahl | — | Nay |
| DeLeo | — | Yea |
| Dillard | — | Nay |
| Duffy | — | Nay |
| Haine | — | Yea |
| Hendon | — | Yea |
| Hultgren | — | Nay |
| Raoul | — | Not Voting |
| Righter | — | Nay |
| Risinger | — | Yea |
| Rutherford | — | Yea |
| Sandoval | — | Yea |
| Silverstein | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Yea |
| Bivins | — | Nay |
| Bomke | — | Nay |
| Bond | — | Not Voting |
| Burzynski | — | Nay |
| McCarter | — | Nay |
| Garrett | — | Yea |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Eva-Dina Delgado | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Laura M. Murphy | Democrat | Nay |
| Linda Holmes | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Dave Syverson | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 8 | 1 | 0 | 0 |
| Unaffiliated | 30 | 14 | 0 | 5 |
| Republican | 0 | 1 | 0 | 0 |
| Total | 38 | 16 | 0 | 5 |
| % of votes cast | 64% | 27% | 0% | 8% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Hultgren | — | Nay |
| Noland | — | Yea |
| Kotowski | — | Yea |
| Meeks | — | Yea |
| Muñoz | — | Yea |
| Schoenberg | — | Yea |
| Silverstein | — | Yea |
| Steans | — | Yea |
| Demuzio | — | Yea |
| Jacobs | — | Yea |
| Trotter | — | Yea |
| Sullivan | — | Yea |
| Viverito | — | Yea |
| Wilhelmi | — | Yea |
| Cullerton | — | Yea |
| Clayborne | — | Yea |
| Crotty | — | Yea |
| Frerichs | — | Yea |
| Garrett | — | Yea |
| Haine | — | Yea |
| Hendon | — | Yea |
| Hutchinson | — | Yea |
| Lauzen | — | Nay |
| McCarter | — | Nay |
| Jones, J. | — | Nay |
| Brady | — | Not Voting |
| Radogno | — | Not Voting |
| Cronin | — | Nay |
| Dahl | — | Nay |
| DeLeo | — | Yea |
| Dillard | — | Nay |
| Duffy | — | Nay |
| Pankau | — | Nay |
| Raoul | — | Not Voting |
| Righter | — | Nay |
| Risinger | — | Yea |
| Rutherford | — | Yea |
| Sandoval | — | Yea |
| Link | — | Yea |
| Luechtefeld | — | Not Voting |
| Maloney | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Yea |
| Bivins | — | Nay |
| Bomke | — | Nay |
| Bond | — | Not Voting |
| Burzynski | — | Nay |
| Millner | — | Nay |
| Forby | — | Yea |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Eva-Dina Delgado | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Laura M. Murphy | Democrat | Nay |
| Linda Holmes | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Dave Syverson | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 77 | 23 | 0 | 1 |
| Democrat | 10 | 3 | 0 | 0 |
| Republican | 3 | 1 | 0 | 0 |
| Total | 90 | 27 | 0 | 1 |
| % of votes cast | 76% | 23% | 0% | 1% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Myers | — | Yea |
| Holbrook | — | Yea |
| Jackson | — | Yea |
| Jefferson | — | Yea |
| Lang | — | Yea |
| Leitch | — | Yea |
| Mathias | — | Yea |
| Mautino | — | Yea |
| May | — | Yea |
| Davis, Monique | — | Yea |
| McAuliffe | — | Yea |
| Reitz | — | Yea |
| McCarthy | — | Yea |
| Mell | — | Yea |
| Mendoza | — | Yea |
| Lyons | — | Yea |
| Soto | — | Yea |
| Tryon | — | Yea |
| Bradley | — | Yea |
| McGuire | — | Yea |
| Burke | — | Yea |
| Sullivan | — | Yea |
| Mitchell, Jerry | — | Yea |
| Dunkin | — | Yea |
| Flowers | — | Yea |
| Fortner | — | Yea |
| Fritchey | — | Yea |
| Froehlich | — | Yea |
| Golar | — | Yea |
| Kosel | — | Yea |
| Gordon, Careen | — | Yea |
| Madigan | — | Yea |
| Hannig | — | Yea |
| Harris | — | Yea |
| McAsey | — | Nay |
| Hernandez | — | Yea |
| Moffitt | — | Yea |
| Mulligan | — | Nay |
| Nekritz | — | Yea |
| Howard | — | Yea |
| Phelps | — | Yea |
| Pihos | — | Yea |
| Senger | — | Nay |
| Sente | — | Nay |
| Thapedi | — | Nay |
| Turner | — | Yea |
| Brady | — | Nay |
| Verschoore | — | Yea |
| Mitchell, Bill | — | Nay |
| Wait | — | Yea |
| Gordon, Jehan | — | Nay |
| Washington | — | Yea |
| Watson | — | Nay |
| Winters | — | Yea |
| Yarbrough | — | Yea |
| Zalewski | — | Yea |
| Cavaletto | — | Nay |
| Coladipietro | — | Nay |
| Cross | — | Yea |
| Cultra | — | Nay |
| Currie | — | Yea |
| D'Amico | — | Yea |
| Dugan | — | Not Voting |
| Durkin | — | Nay |
| Eddy | — | Nay |
| Farnham | — | Nay |
| Flider | — | Nay |
| Hatcher | — | Yea |
| Jakobsson | — | Yea |
| Osmond | — | Nay |
| Osterman | — | Yea |
| Poe | — | Yea |
| Pritchard | — | Yea |
| Ramey | — | Nay |
| Reboletti | — | Yea |
| Reis | — | Nay |
| Riley | — | Yea |
| Sacia | — | Yea |
| Saviano | — | Yea |
| Schmitz | — | Yea |
| Sommer | — | Nay |
| Acevedo | — | Yea |
| Arroyo | — | Yea |
| Bassi | — | Yea |
| Beaubien | — | Yea |
| Beiser | — | Yea |
| Bellock | — | Yea |
| Berrios | — | Yea |
| Biggins | — | Yea |
| Black | — | Yea |
| Boland | — | Yea |
| Bost | — | Yea |
| Brauer | — | Yea |
| Burns | — | Yea |
| Carberry | — | Yea |
| Cole | — | Nay |
| Colvin | — | Yea |
| Connelly | — | Yea |
| Coulson | — | Nay |
| Franks | — | Nay |
| Chapa LaVia | — | Yea |
| Anthony DeLuca | Democrat | Nay |
| Camille Y. Lilly | Democrat | Yea |
| Fred Crespo | Democrat | Nay |
| Jay Hoffman | Democrat | Yea |
| La Shawn K. Ford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Mark L. Walker | Democrat | Nay |
| Nicholas K. Smith | Democrat | Yea |
| Patrick J. Joyce | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Robyn Gabel | Democrat | Yea |
| Sara Feigenholtz | Democrat | Yea |
| William "Will" Davis | Democrat | Yea |
| Brad Stephens | Republican | Yea |
| Chapin Rose | Republican | Yea |
| Chris Miller | Republican | Yea |
| Jil Tracy | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 24 | 18 | 0 | 7 |
| Democrat | 7 | 1 | 0 | 1 |
| Republican | 0 | 1 | 0 | 0 |
| Total | 31 | 20 | 0 | 8 |
| % of votes cast | 53% | 34% | 0% | 14% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Hendon | — | Not Voting |
| Hutchinson | — | Not Voting |
| Kotowski | — | Yea |
| Lauzen | — | Nay |
| Link | — | Yea |
| Demuzio | — | Yea |
| Jacobs | — | Yea |
| Sullivan | — | Yea |
| Maloney | — | Yea |
| McCarter | — | Nay |
| Meeks | — | Yea |
| Millner | — | Nay |
| Muñoz | — | Yea |
| Cullerton | — | Yea |
| Noland | — | Yea |
| Radogno | — | Nay |
| Schoenberg | — | Yea |
| Jones, J. | — | Nay |
| Brady | — | Nay |
| Steans | — | Yea |
| Trotter | — | Yea |
| Viverito | — | Yea |
| Wilhelmi | — | Yea |
| Clayborne | — | Yea |
| Cronin | — | Not Voting |
| Crotty | — | Yea |
| Dahl | — | Nay |
| DeLeo | — | Not Voting |
| Dillard | — | Not Voting |
| Duffy | — | Nay |
| Forby | — | Yea |
| Frerichs | — | Yea |
| Garrett | — | Yea |
| Haine | — | Yea |
| Hultgren | — | Nay |
| Pankau | — | Nay |
| Raoul | — | Not Voting |
| Righter | — | Nay |
| Risinger | — | Nay |
| Rutherford | — | Nay |
| Sandoval | — | Yea |
| Silverstein | — | Yea |
| Luechtefeld | — | Nay |
| Althoff | — | Nay |
| Martinez | — | Yea |
| Bivins | — | Nay |
| Bomke | — | Nay |
| Bond | — | Not Voting |
| Burzynski | — | Nay |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Eva-Dina Delgado | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Laura M. Murphy | Democrat | Nay |
| Linda Holmes | Democrat | Not Voting |
| Mattie Hunter | Democrat | Yea |
| Dave Syverson | Republican | Nay |
Subjects
Frequently asked questions
- What does SB 2523 do?
- Amends the Illinois Municipal Code with respect to the "Business District Development and Redevelopment Law". Authorizes the issuance of bonds without referendum. Specifies notice requirements for a public hearing on a proposed business district plan. Sets forth the procedure for amending a business district plan. Specifies the requirements for a municipality to issue bonds for the payment or reimbursement of business district project costs. Makes numerous other changes. Provides that changes to the Law apply only to new business districts, unless an existing district is conformed by ordinance. Effective immediately.
- Who sponsors SB 2523?
- SB 2523 is sponsored by James F. Clayborne, Jr..
- What is the current status of SB 2523?
- This bill has been enacted into law. Introduced January 12, 2010. Enacted.
- Where can I track SB 2523?
- Track SB 2523 free on One Click Politics — get push/email alerts when it moves.
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