Bill Amendment: IL SB2829 | 2025-2026 | 104th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: MID-ILLINOIS MEDICAL DISTRICT
Status: 2026-06-01 - Rule 3-9(a) / Re-referred to Assignments [SB2829 Detail]
Download: Illinois-2025-SB2829-Senate_Amendment_004.html
Bill Title: MID-ILLINOIS MEDICAL DISTRICT
Status: 2026-06-01 - Rule 3-9(a) / Re-referred to Assignments [SB2829 Detail]
Download: Illinois-2025-SB2829-Senate_Amendment_004.html
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| 1 | AMENDMENT TO SENATE BILL 2829 | ||||||
| 2 | AMENDMENT NO. ______. Amend Senate Bill 2829, AS AMENDED, | ||||||
| 3 | by replacing everything after the enacting clause with the | ||||||
| 4 | following: | ||||||
| 5 | "ARTICLE 5 | ||||||
| 6 | Section 5-1. Short title. This Article may be cited as the | ||||||
| 7 | Capital Area Tourism Authority Act. References in this Article | ||||||
| 8 | to "this Act" mean this Article. | ||||||
| 9 | Section 5-5. Findings; purpose. | ||||||
| 10 | (a) The General Assembly finds and declares that: | ||||||
| 11 | (1) The City of Springfield is the capital city of the | ||||||
| 12 | State of Illinois and the home of President Abraham | ||||||
| 13 | Lincoln. | ||||||
| 14 | (2) The City of Springfield and Sangamon County are | ||||||
| 15 | the cornerstone of State government and welcome visitors | ||||||
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| 1 | from around the world. | ||||||
| 2 | (b) The purposes of this Act are: | ||||||
| 3 | (1) to ensure that the City of Springfield and | ||||||
| 4 | Sangamon County have a vibrant hospitality industry that | ||||||
| 5 | is capable of hosting visitors, legislative advocates, | ||||||
| 6 | those doing business with the State, and conventions; and | ||||||
| 7 | (2) to stimulate development and redevelopment of the | ||||||
| 8 | City of Springfield's downtown area by attracting | ||||||
| 9 | significant capital investment, which is expected to | ||||||
| 10 | promote commerce, job creation and retention, tourism, and | ||||||
| 11 | increased State and local sales tax revenues. | ||||||
| 12 | Section 5-10. Definitions. In this Act: | ||||||
| 13 | "Authority" means the Capital Area Tourism Authority | ||||||
| 14 | established by this Act. | ||||||
| 15 | "Authority facility" means real property, personal | ||||||
| 16 | property, or any combination of real and personal property, | ||||||
| 17 | owned, leased or otherwise controlled or financed by the | ||||||
| 18 | Authority and related to, useful for, or in furtherance of, | ||||||
| 19 | one or more of the stated purposes of this Act. | ||||||
| 20 | "Base year" means the calendar year that is immediately | ||||||
| 21 | before the calendar year in which the Office of the Governor | ||||||
| 22 | approves the Capital Area Tourism Project within the Capital | ||||||
| 23 | Area Tourism District. | ||||||
| 24 | "Board" means the Board of Directors of the Authority. | ||||||
| 25 | "BOS Center" means the existing convention center in | ||||||
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| 1 | Springfield, Illinois, which is known as the Bank of | ||||||
| 2 | Springfield Center. | ||||||
| 3 | "BOS Center expansion" means the expansion of the BOS | ||||||
| 4 | Center proposed to be constructed in the Capital Area Tourism | ||||||
| 5 | District. | ||||||
| 6 | "Capital Area Tourism Bonds" means revenue bonds, notes, | ||||||
| 7 | or other obligations issued by the Authority and payable from | ||||||
| 8 | pledged capital area tourism revenues, the proceeds from the | ||||||
| 9 | sale of which shall be used only to pay project costs of a | ||||||
| 10 | Capital Area Tourism Project. | ||||||
| 11 | "Capital Area Tourism District" or "District" means the | ||||||
| 12 | area composed of all territory in the City of Springfield that | ||||||
| 13 | is located within the boundaries of zip code 62701, as that zip | ||||||
| 14 | code exists on the effective date of this Act, and that is | ||||||
| 15 | included in the territory of the Capital Area Tourism District | ||||||
| 16 | if and when the District is created by the Authority pursuant | ||||||
| 17 | to this Act. | ||||||
| 18 | "Capital Area Tourism District Plan" means the written | ||||||
| 19 | plan that is adopted by the Authority for the development, | ||||||
| 20 | redevelopment, or both of the Capital Area Tourism District. | ||||||
| 21 | "Capital Area Tourism District Plan" may include a description | ||||||
| 22 | of the initial Capital Area Tourism Project Plan relating to | ||||||
| 23 | the development of a convention center headquarters hotel. | ||||||
| 24 | "Capital Area Tourism Project" means the development of a | ||||||
| 25 | project that is located within the Capital Area Tourism | ||||||
| 26 | District and that is approved under this Act, including the | ||||||
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| 1 | initial Capital Area Tourism Project, the development of a | ||||||
| 2 | convention center headquarters hotel in Springfield, and | ||||||
| 3 | additional Capital Area Tourism Projects, including the | ||||||
| 4 | expansion of the existing BOS Center in Springfield. | ||||||
| 5 | "Capital Area Tourism Project Plan" means the written plan | ||||||
| 6 | adopted by the Authority for the development of a Capital Area | ||||||
| 7 | Tourism Project in the Capital Area Tourism District, which | ||||||
| 8 | shall include, without limitation: | ||||||
| 9 | (1) a statement of the estimated project costs of the | ||||||
| 10 | Capital Area Tourism Project; | ||||||
| 11 | (2) a description of the estimated sources of funds | ||||||
| 12 | and revenues to pay 100% of the project costs, including | ||||||
| 13 | the estimated project costs of the Capital Area Tourism | ||||||
| 14 | Project to be financed with the proceeds from the sale of | ||||||
| 15 | Capital Area Tourism Bonds; | ||||||
| 16 | (3) a description of the nature and estimated maximum | ||||||
| 17 | maturity of any Capital Area Tourism Bonds to be issued by | ||||||
| 18 | the Authority and any obligations to be issued by any | ||||||
| 19 | other unit of local government to pay those project costs; | ||||||
| 20 | (4) a general description of any known or proposed | ||||||
| 21 | developers, development users, or tenants of the Capital | ||||||
| 22 | Area Tourism Project; | ||||||
| 23 | (5) a general description of the type, structure, and | ||||||
| 24 | character of the property or facilities to be developed or | ||||||
| 25 | redeveloped and improved through the use of Capital Area | ||||||
| 26 | Tourism Bonds; | ||||||
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| 1 | (6) a description of the general land uses that | ||||||
| 2 | currently apply and those that may apply to the Capital | ||||||
| 3 | Area Tourism Project; and | ||||||
| 4 | (7) a general description or an estimate of the type, | ||||||
| 5 | class, and number of employees to be employed in the | ||||||
| 6 | construction and the operation of the Capital Area Tourism | ||||||
| 7 | Project. | ||||||
| 8 | "Convention center" means a facility designed to host | ||||||
| 9 | large gatherings, conventions, trade shows, and meetings. | ||||||
| 10 | "Convention center" includes auditoriums, exhibition halls, | ||||||
| 11 | areas for food preparation and serving, parking facilities, | ||||||
| 12 | and administrative offices, including the BOS Center and the | ||||||
| 13 | proposed BOS Center expansion. | ||||||
| 14 | "Convention center headquarters hotel" means a hotel | ||||||
| 15 | proposed to be developed adjacent to or connected to a | ||||||
| 16 | convention center. | ||||||
| 17 | "Department" means the Department of Commerce and Economic | ||||||
| 18 | Opportunity. | ||||||
| 19 | "Department of Revenue" means the Department of Revenue. | ||||||
| 20 | "Developer" means, with respect to a Capital Area Tourism | ||||||
| 21 | Project, any individual, corporation, trust, partnership, | ||||||
| 22 | limited liability partnership, limited liability company, or | ||||||
| 23 | other lawful entity cooperating with the Authority to plan, | ||||||
| 24 | develop, and implement the Capital Area Tourism Project Plan | ||||||
| 25 | for a Capital Area Tourism District. "Developer" does not | ||||||
| 26 | include a not-for-profit entity, a political subdivision or | ||||||
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| 1 | other agency or instrumentality of the State, or the | ||||||
| 2 | Authority. The developer may work with and transfer certain | ||||||
| 3 | development rights to other developers for the purpose of | ||||||
| 4 | implementing Capital Area Tourism Project Plans. A developer | ||||||
| 5 | for a Capital Area Tourism Project shall be appointed by the | ||||||
| 6 | Authority in the resolution approving the Capital Area Tourism | ||||||
| 7 | Project, except that, with respect to the initial Capital Area | ||||||
| 8 | Tourism Project, the Authority may appoint the developer in | ||||||
| 9 | the resolution establishing the Capital Area Tourism District. | ||||||
| 10 | "Developer" includes any successor developer who has assumed | ||||||
| 11 | the role and responsibilities of the original developer | ||||||
| 12 | through the execution of an amended development agreement and | ||||||
| 13 | has been approved as the developer through resolution of the | ||||||
| 14 | Authority approving the amended development agreement. | ||||||
| 15 | "Development agreement" means an agreement between a | ||||||
| 16 | developer (or any approved successor developers) and the | ||||||
| 17 | Authority relating to a Capital Area Tourism Project. | ||||||
| 18 | "Development user" means an owner, operator, licensee, | ||||||
| 19 | codeveloper, subdeveloper, or tenant that operates a business | ||||||
| 20 | within the Capital Area Tourism District. | ||||||
| 21 | "Feasibility study" means the feasibility study described | ||||||
| 22 | in Section 5-40 of this Act. | ||||||
| 23 | "Hotel" has the meaning given to that term in Section 2 of | ||||||
| 24 | the Hotel Operators' Occupation Tax Act and includes a | ||||||
| 25 | convention center headquarters hotel. | ||||||
| 26 | "Hotel operator" has the meaning given to the term | ||||||
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| |||||||
| 1 | "operator" in Section 2 of the Hotel Operators' Occupation Tax | ||||||
| 2 | Act. | ||||||
| 3 | "Infrastructure" means public improvements and private | ||||||
| 4 | improvements that benefit the Capital Area Tourism District or | ||||||
| 5 | Capital Area Tourism Project, including, but not limited to, | ||||||
| 6 | streets, drives and driveways, traffic and directional signs | ||||||
| 7 | and signals, parking lots and parking facilities, | ||||||
| 8 | interchanges, highways, sidewalks, bridges, skybridges, | ||||||
| 9 | underpasses and overpasses, bike and walking trails, sanitary | ||||||
| 10 | storm sewers and lift stations, drainage conduits, channels, | ||||||
| 11 | levees, canals, storm water detention and retention | ||||||
| 12 | facilities, utilities and utility connections and relocations, | ||||||
| 13 | water mains and extensions, and street and parking lot | ||||||
| 14 | lighting and connections, infrastructure supporting | ||||||
| 15 | above-ground improvements, and in each case related | ||||||
| 16 | appurtenances. "Infrastructure" may include demolition of | ||||||
| 17 | existing structures or infrastructure on private land to | ||||||
| 18 | encourage economic development or redevelopment in the Capital | ||||||
| 19 | Area Tourism District. | ||||||
| 20 | "Intergovernmental cooperation agreement" means an | ||||||
| 21 | intergovernmental cooperation agreement entered into by and | ||||||
| 22 | among Sangamon County, the City of Springfield, and the | ||||||
| 23 | Authority, if and when such an agreement is authorized by the | ||||||
| 24 | respective governing authority of each of those units of local | ||||||
| 25 | government, related to, among other things, the pledge of | ||||||
| 26 | revenues to support the Capital Area Tourism District, Capital | ||||||
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| 1 | Area Tourism Projects, and Capital Area Tourism Bonds issued | ||||||
| 2 | by the Authority as provided in this Act. In addition to the | ||||||
| 3 | parties described in this definition, the Springfield | ||||||
| 4 | Metropolitan Exposition and Auditorium Authority may also be a | ||||||
| 5 | party to the intergovernmental cooperation agreement if the | ||||||
| 6 | Board of the Springfield Metropolitan Exposition and | ||||||
| 7 | Auditorium Authority authorizes its participation in the | ||||||
| 8 | agreement and if the other parties agree to include the | ||||||
| 9 | Springfield Metropolitan Exposition and Auditorium Authority | ||||||
| 10 | as a party to the agreement. | ||||||
| 11 | "Local hotel tax" means the municipal hotel operators' | ||||||
| 12 | occupation tax imposed by the City of Springfield pursuant to | ||||||
| 13 | Section 8-3-14 of the Illinois Municipal Code and the hotel | ||||||
| 14 | operator's occupation tax imposed by Sangamon County pursuant | ||||||
| 15 | to Subsection (b-5) of Section 5-1030 of the Counties Code. | ||||||
| 16 | "Local sales taxes" means any locally imposed taxes | ||||||
| 17 | received by a municipality, county, or other local | ||||||
| 18 | governmental entity arising from sales by retailers and | ||||||
| 19 | servicemen within the Capital Area Tourism District and any | ||||||
| 20 | use taxes imposed within the Capital Area Tourism District. | ||||||
| 21 | "Local sales taxes" includes business district sales taxes, | ||||||
| 22 | use taxes, and that portion of the net revenue allocated from | ||||||
| 23 | the Local Government Tax Fund and the County and Mass Transit | ||||||
| 24 | District Fund to the municipality, county, or other | ||||||
| 25 | governmental entity under the Retailers' Occupation Tax Act, | ||||||
| 26 | the Use Tax Act, the Service Use Tax Act, and the Service | ||||||
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| 1 | Occupation Tax Act from transactions at places of business | ||||||
| 2 | located in a Capital Area Tourism District. "Local sales | ||||||
| 3 | taxes" does not include (i) any taxes authorized under the | ||||||
| 4 | Local Mass Transit District Act or the Metro-East Park and | ||||||
| 5 | Recreation District Act for so long as the applicable taxing | ||||||
| 6 | district does not impose a tax on real property, (ii) any | ||||||
| 7 | county school facility and resources occupation taxes imposed | ||||||
| 8 | under Section 5-1006.7 of the Counties Code, (iii) any taxes | ||||||
| 9 | authorized under the Flood Prevention District Act, (iv) any | ||||||
| 10 | taxes authorized under the Special County Occupation Tax For | ||||||
| 11 | Public Safety, Public Facilities, Mental Health, Substance | ||||||
| 12 | Abuse, or Transportation Law, (v) any taxes authorized under | ||||||
| 13 | the Northern Illinois Transit Authority Act, (vi) any taxes | ||||||
| 14 | authorized under the County Motor Fuel Tax Law, or (vii) any | ||||||
| 15 | taxes authorized under the Municipal Motor Fuel Tax Law. | ||||||
| 16 | "Local sales tax increment" means: | ||||||
| 17 | (1) with respect to local sales taxes administered by | ||||||
| 18 | the City of Springfield or Sangamon County, that portion | ||||||
| 19 | of the local sales taxes in the Capital Area Tourism | ||||||
| 20 | District that is in excess of the aggregate local sales | ||||||
| 21 | taxes in the Capital Area Tourism District for the same | ||||||
| 22 | month in the base year, as determined by City of | ||||||
| 23 | Springfield or Sangamon County, as applicable; the | ||||||
| 24 | Department of Revenue shall allocate the local sales tax | ||||||
| 25 | increment only if the local sales tax is administered by | ||||||
| 26 | the Department; and | ||||||
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| 1 | (2) with respect to local sales taxes administered by | ||||||
| 2 | the Department of Revenue: | ||||||
| 3 | (A) except with respect to the 0.25% county | ||||||
| 4 | portion of the 6.25% State rate, all the local sales | ||||||
| 5 | taxes paid by taxpayers in the Capital Area Tourism | ||||||
| 6 | District that are in excess of the aggregate local | ||||||
| 7 | sales taxes paid by taxpayers in the Capital Area | ||||||
| 8 | Tourism District for the same month in the base year, | ||||||
| 9 | as determined by the Department of Revenue; and | ||||||
| 10 | (B) with respect to the 0.25% county portion of | ||||||
| 11 | the 6.25% State rate, in the case of a Capital Area | ||||||
| 12 | Tourism District, that portion of the 0.25% county | ||||||
| 13 | portion of the 6.25% State rate paid by taxpayers in | ||||||
| 14 | the Capital Area Tourism District for sales made | ||||||
| 15 | within the corporate limits of the municipality that | ||||||
| 16 | is in excess of the aggregate local sales taxes paid by | ||||||
| 17 | taxpayers in the Capital Area Tourism District for | ||||||
| 18 | sales made within the corporate limits of the | ||||||
| 19 | municipality for the same month in the base year, as | ||||||
| 20 | determined by the Department of Revenue, but only if | ||||||
| 21 | the governing body of the county passes a resolution, | ||||||
| 22 | and files a copy of the resolution with the Department | ||||||
| 23 | of Revenue that designates the taxes as part of the | ||||||
| 24 | local sales tax increment under this Act. | ||||||
| 25 | "Local tax contribution" means: | ||||||
| 26 | (1) with respect to Sangamon County: | ||||||
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| 1 | (A) 100% of the taxes generated in Sangamon County | ||||||
| 2 | and received by Sangamon County under subsection (b-5) | ||||||
| 3 | of Section 5-1030 of the Counties Code; and | ||||||
| 4 | (B) that percentage of the local sales taxes | ||||||
| 5 | generated in the Capital Area Tourism District and | ||||||
| 6 | received by Sangamon County as stated in an | ||||||
| 7 | intergovernmental cooperation agreement to be pledged | ||||||
| 8 | capital area tourism revenues; and | ||||||
| 9 | (2) with respect to the City of Springfield: | ||||||
| 10 | (A) that percentage of the tax generated by the | ||||||
| 11 | convention center headquarters hotel and received by | ||||||
| 12 | the City of Springfield under the Hotel Operators' | ||||||
| 13 | Occupation Tax Act as stated in an intergovernmental | ||||||
| 14 | cooperation agreement to be pledged capital area | ||||||
| 15 | tourism revenues; and | ||||||
| 16 | (B) that percentage of the local sales tax | ||||||
| 17 | increment as stated in the intergovernmental | ||||||
| 18 | cooperation agreement to be pledged capital area | ||||||
| 19 | tourism revenues. | ||||||
| 20 | "Market study" means a study to determine whether there is | ||||||
| 21 | a need for the Capital Area Tourism Project and the ability of | ||||||
| 22 | the proposed Capital Area Tourism Project to remain profitable | ||||||
| 23 | throughout the duration of Capital Area Tourism Bonds issued | ||||||
| 24 | to finance, in whole or in part, the Capital Area Tourism | ||||||
| 25 | Project. | ||||||
| 26 | "Pledged capital area tourism revenues" means the funds | ||||||
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| 1 | received by the Authority as the local tax contribution, the | ||||||
| 2 | funds received by the Authority as the State tax contribution, | ||||||
| 3 | and other sources of funds that are received by the Authority | ||||||
| 4 | and pledged to pay debt service on Capital Area Tourism Bonds | ||||||
| 5 | or to pay project costs, but excludes funds that are applied to | ||||||
| 6 | administrative costs of the Authority and its Board. The | ||||||
| 7 | pledge of pledged capital area tourism revenues may not be | ||||||
| 8 | impaired and shall be superior to any other use of those | ||||||
| 9 | revenues. | ||||||
| 10 | "Political subdivision" means a municipality or a unit of | ||||||
| 11 | local government, within the meanings set forth in the | ||||||
| 12 | Illinois Constitution and Section 21-102.8 of the Illinois | ||||||
| 13 | Pension Code, and includes the Authority. | ||||||
| 14 | "Project costs" means the total costs incurred or | ||||||
| 15 | estimated to be incurred that are reasonable or necessary to | ||||||
| 16 | implement the Capital Area Tourism District Plan, any Capital | ||||||
| 17 | Tourism Project Plan, or both, including costs incurred for | ||||||
| 18 | public improvements and private improvements that serve the | ||||||
| 19 | Capital Area Tourism Project's public purpose. Notwithstanding | ||||||
| 20 | any other provision of law, "project costs", as applied to an | ||||||
| 21 | Authority facility, includes, without limitation: | ||||||
| 22 | (1) costs of studies, surveys, estimates of costs and | ||||||
| 23 | revenue and other expenses necessary or incidental to | ||||||
| 24 | determining the feasibility of acquiring, constructing, | ||||||
| 25 | and equipping Capital Area Tourism Project facilities and | ||||||
| 26 | improvements, developing plans and specifications, | ||||||
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| 1 | forming, implementing, and administering a Capital Area | ||||||
| 2 | Tourism District, Capital Area Tourism District Plan, | ||||||
| 3 | Capital Area Tourism Project Plan, or Capital Area Tourism | ||||||
| 4 | Project, including, but not limited to, staff and | ||||||
| 5 | professional service costs for architectural, engineering, | ||||||
| 6 | legal, financial, planning, or other services; other | ||||||
| 7 | expenses necessary or incidental to acquiring, | ||||||
| 8 | constructing, and equipping a Capital Area Tourism Project | ||||||
| 9 | or the financing thereof, including the amount authorized | ||||||
| 10 | in the resolution of the Board providing for the issuance | ||||||
| 11 | of Capital Area Tourism Bonds to be paid into any special | ||||||
| 12 | funds from the proceeds of such bonds and the financing of | ||||||
| 13 | the placing of such facilities or improvements in | ||||||
| 14 | operation; any obligation, cost, or expense incurred by | ||||||
| 15 | any unit of local government or person related to the | ||||||
| 16 | approval of the Capital Area Tourism District Plan or | ||||||
| 17 | Capital Area Tourism Project Plan or for surveys, borings, | ||||||
| 18 | preparation of plans and specifications, and other | ||||||
| 19 | engineering services or any other cost described above in | ||||||
| 20 | connection with acquiring, constructing, or equipping a | ||||||
| 21 | Capital Area Tourism Project may be regarded as part of | ||||||
| 22 | the cost of the facility or improvement and may be | ||||||
| 23 | reimbursed out of proceeds of the Capital Area Tourism | ||||||
| 24 | Bonds authorized by this Act; | ||||||
| 25 | (2) property assembly costs, including, but not | ||||||
| 26 | limited to, costs related to: | ||||||
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| 1 | (A) the acquisition of land and other real | ||||||
| 2 | property or rights or interests in the land or other | ||||||
| 3 | real property located within the boundaries of the | ||||||
| 4 | Capital Area Tourism District and franchise rights; | ||||||
| 5 | (B) the demolition of buildings, site preparation, | ||||||
| 6 | and site improvements; and | ||||||
| 7 | (C) the clearing and grading of land and the | ||||||
| 8 | importing of additional soil and fill materials or the | ||||||
| 9 | removal of soil and fill materials from the site; | ||||||
| 10 | (3) the costs of buildings and other vertical | ||||||
| 11 | improvements for a Capital Area Tourism Project owned or | ||||||
| 12 | to be owned by the Authority; | ||||||
| 13 | (4) costs of the design and construction of | ||||||
| 14 | infrastructure and public works located within the | ||||||
| 15 | boundaries of the Capital Area Tourism District that are | ||||||
| 16 | reasonable or necessary to implement a Capital Area | ||||||
| 17 | Tourism District Plan, a Capital Area Tourism Project | ||||||
| 18 | Plan, or both; | ||||||
| 19 | (5) costs of the design and construction of | ||||||
| 20 | improvements located outside the boundaries of a Capital | ||||||
| 21 | Area Tourism District if the costs are essential to | ||||||
| 22 | further the purpose and development of a Capital Area | ||||||
| 23 | Tourism District Plan and are either (i) part of and | ||||||
| 24 | connected to sewer, water, or utility service lines that | ||||||
| 25 | physically connect to the Capital Area Tourism District or | ||||||
| 26 | (ii) significant improvements for adjacent off-site | ||||||
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| 1 | highways, streets, roadways, and interchanges that are | ||||||
| 2 | approved by the Department of Transportation. No other | ||||||
| 3 | cost of infrastructure and public works improvements | ||||||
| 4 | located outside the boundaries of a Capital Area Tourism | ||||||
| 5 | District may be deemed project costs; | ||||||
| 6 | (6) notwithstanding any other provision of Illinois | ||||||
| 7 | law, financing costs, including, but not limited to, all | ||||||
| 8 | necessary and incidental expenses related to the issuance | ||||||
| 9 | of obligations and the payment of interest on any | ||||||
| 10 | obligations issued under this Act, including interest | ||||||
| 11 | accruing from the date of issuance of Capital Area Tourism | ||||||
| 12 | Bonds for any Capital Area Tourism Project in the Capital | ||||||
| 13 | Area Tourism District and during the estimated period of | ||||||
| 14 | construction of any improvements in the Capital Area | ||||||
| 15 | Tourism District for a Capital Area Tourism Project for | ||||||
| 16 | the period prior to and during construction and for no | ||||||
| 17 | more than 18 months after completion of construction, and | ||||||
| 18 | including reasonable reserves related thereto; | ||||||
| 19 | (7) costs of common areas located within the | ||||||
| 20 | boundaries of a Capital Area Tourism Project; | ||||||
| 21 | (8) costs of landscaping and plantings, retaining | ||||||
| 22 | walls and fences, artificial lakes and ponds, shelters, | ||||||
| 23 | benches, lighting, and similar amenities located within | ||||||
| 24 | the boundaries of the Capital Area Tourism District; or | ||||||
| 25 | (9) costs of mounted building signs, site monuments, | ||||||
| 26 | and pylon signs located within the boundaries of a Capital | ||||||
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| 1 | Area Tourism District. | ||||||
| 2 | "Project costs" does not include: | ||||||
| 3 | (1) the cost of construction of buildings that are | ||||||
| 4 | owned by a municipality, county, or the Authority and that | ||||||
| 5 | are leased to a development user for uses other than as a | ||||||
| 6 | hotel or convention center; | ||||||
| 7 | (2) moving expenses for employees of the businesses | ||||||
| 8 | locating within the Capital Area Tourism District; | ||||||
| 9 | (3) property taxes for property located in the Capital | ||||||
| 10 | Area Tourism District; | ||||||
| 11 | (4) lobbying costs; and | ||||||
| 12 | (5) general overhead or administrative costs of the | ||||||
| 13 | political subdivision that would still have been incurred | ||||||
| 14 | by the political subdivision if the Authority had not | ||||||
| 15 | established a Capital Area Tourism District. | ||||||
| 16 | "Project development agreement" means an agreement between | ||||||
| 17 | the developer (or any approved successor developers) and the | ||||||
| 18 | Authority to develop a Capital Area Tourism Project. | ||||||
| 19 | "Project labor agreement" means a prehire collective | ||||||
| 20 | bargaining agreement that covers all terms and conditions of | ||||||
| 21 | employment between the general contractor and all | ||||||
| 22 | subcontractors hired by the developer, codeveloper, or | ||||||
| 23 | subdeveloper, as applicable, of a Capital Area Tourism | ||||||
| 24 | Project, which must include provisions: | ||||||
| 25 | (1) establishing the minimum hourly wage for each | ||||||
| 26 | class of labor organization employee; | ||||||
| |||||||
| |||||||
| 1 | (2) establishing the benefits and other compensation | ||||||
| 2 | for each class of labor organization employee; | ||||||
| 3 | (3) requiring that no strike or dispute will be | ||||||
| 4 | engaged in by the labor organization employees; | ||||||
| 5 | (4) requiring that no lockout or dispute will be | ||||||
| 6 | engaged in by the general contractor and all | ||||||
| 7 | subcontractors building the project; and | ||||||
| 8 | (5) establishing goals for apprenticeship hours to be | ||||||
| 9 | performed by minority persons and women and goals for | ||||||
| 10 | total hours to be performed by minority persons and women, | ||||||
| 11 | as those terms are defined in the Business Enterprise for | ||||||
| 12 | Minorities, Women, and Persons with Disabilities Act. | ||||||
| 13 | "Project labor agreement" may include other terms and | ||||||
| 14 | conditions as deemed necessary. | ||||||
| 15 | "Resolution" means a resolution, order, ordinance, or | ||||||
| 16 | other appropriate form of legislative action of a political | ||||||
| 17 | subdivision or unit of local government, including the | ||||||
| 18 | Authority, or other applicable public entity approved by a | ||||||
| 19 | majority of a quorum at a meeting of the governing body of the | ||||||
| 20 | political subdivision, unit of local government, or applicable | ||||||
| 21 | public entity. | ||||||
| 22 | "SMEAA" means the Springfield Metropolitan Exposition and | ||||||
| 23 | Auditorium Authority. | ||||||
| 24 | "State sales tax" means all the net revenue realized under | ||||||
| 25 | the Retailers' Occupation Tax Act, the Use Tax Act, the | ||||||
| 26 | Service Use Tax Act, and the Service Occupation Tax Act from | ||||||
| |||||||
| |||||||
| 1 | transactions at places of business located within a Capital | ||||||
| 2 | Area Tourism District, excluding that portion of the net | ||||||
| 3 | revenue realized under the Retailers' Occupation Tax Act, the | ||||||
| 4 | Use Tax Act, the Service Use Tax Act, and the Service | ||||||
| 5 | Occupation Tax Act from transactions at places of business | ||||||
| 6 | located within a Capital Area Tourism District that is | ||||||
| 7 | deposited into the Local Government Tax Fund and the County | ||||||
| 8 | and Mass Transit District Fund. | ||||||
| 9 | "State sales tax increment" means that portion of the | ||||||
| 10 | State sales tax from all transactions located within a Capital | ||||||
| 11 | Area Tourism District that is in excess of the aggregate State | ||||||
| 12 | sales tax from all transactions located within a Capital Area | ||||||
| 13 | Tourism District for the same month in the base year, as | ||||||
| 14 | determined by the Department of Revenue. | ||||||
| 15 | "State tax contribution" means 100% of the State sales tax | ||||||
| 16 | increment generated within the Capital Area Tourism District | ||||||
| 17 | and received by the State. | ||||||
| 18 | "Substantial change" means a change in which the proposed | ||||||
| 19 | Capital Area Tourism Project Plan differs substantially in | ||||||
| 20 | size, scope, or use from the approved Capital Area Tourism | ||||||
| 21 | District Plan or Capital Area Tourism Project Plan. | ||||||
| 22 | "Taxpayer" means an individual, partnership, corporation, | ||||||
| 23 | limited liability company, trust, estate, or other entity that | ||||||
| 24 | is subject to the Illinois Income Tax Act. | ||||||
| 25 | "Total development costs" means the aggregate public and | ||||||
| 26 | private investment in a Capital Area Tourism District, | ||||||
| |||||||
| |||||||
| 1 | including project costs and other direct and indirect costs | ||||||
| 2 | related to the development of the Capital Area Tourism | ||||||
| 3 | District or a Capital Area Tourism Project, as applicable. | ||||||
| 4 | "Unit of local government" has the meaning given to that | ||||||
| 5 | term in Section 1 of Article VII of the Illinois Constitution. | ||||||
| 6 | Section 5-15. Creation of the Authority. The Capital Area | ||||||
| 7 | Tourism Authority is hereby created as a political subdivision | ||||||
| 8 | and unit of local government for the benefit of the general | ||||||
| 9 | public and the promotion of business, industry, commerce, | ||||||
| 10 | conventions, and tourism in the City of Springfield, Sangamon | ||||||
| 11 | County, and the State of Illinois. The Authority shall have | ||||||
| 12 | only those powers described in this Act, and its territorial | ||||||
| 13 | jurisdiction shall extend over all territory that is located | ||||||
| 14 | within the boundaries of the zip code 62701 in the City of | ||||||
| 15 | Springfield on the effective date of this Act. | ||||||
| 16 | Section 5-20. Authority; powers and duties. | ||||||
| 17 | (a) The Authority may exercise the powers set forth in | ||||||
| 18 | this Act as well as those powers ordinarily authorized by law | ||||||
| 19 | for a political subdivision and unit of local government, for | ||||||
| 20 | the purposes described in subsection (b). | ||||||
| 21 | (b) The Authority shall use the powers conferred on it | ||||||
| 22 | under this Section to assist in developing, redeveloping, | ||||||
| 23 | acquiring, constructing, equipping, and financing Capital Area | ||||||
| 24 | Tourism Projects in the Capital Area Tourism District to | ||||||
| |||||||
| |||||||
| 1 | promote business, job creation and retention, industry, | ||||||
| 2 | commerce, conventions, and tourism within the City of | ||||||
| 3 | Springfield, Sangamon County, and the State of Illinois under | ||||||
| 4 | this Act. | ||||||
| 5 | (c) The Authority shall possess all powers of a political | ||||||
| 6 | subdivision and unit of local government, excluding the power | ||||||
| 7 | to levy taxes, necessary and convenient to accomplish the | ||||||
| 8 | purposes of this Act, including, but not limited to, the | ||||||
| 9 | power: | ||||||
| 10 | (1) to establish a Capital Area Tourism District, | ||||||
| 11 | establish a Capital Area Tourism District Plan, and | ||||||
| 12 | approve Capital Area Project Plans and Capital Area | ||||||
| 13 | Tourism Projects for submission to the Department, the | ||||||
| 14 | Department of Revenue, and the Governor's Office of | ||||||
| 15 | Management and Budget for approval; to implement, finance, | ||||||
| 16 | operate, and manage any approved Capital Area Tourism | ||||||
| 17 | Project; and to issue Capital Area Tourism Bonds in | ||||||
| 18 | accordance with this Act; | ||||||
| 19 | (2) to enter into loans, contracts, agreements, | ||||||
| 20 | including intergovernmental cooperation agreements, and | ||||||
| 21 | mortgages; | ||||||
| 22 | (3) to acquire by purchase, donation, or lease and to | ||||||
| 23 | own, convey, lease, sell, mortgage, or otherwise dispose | ||||||
| 24 | of interests in and to real and personal property; and to | ||||||
| 25 | grant or acquire licenses, franchise rights, easements, | ||||||
| 26 | and options with respect to such property; | ||||||
| |||||||
| |||||||
| 1 | (4) to sue and be sued in its corporate name, but | ||||||
| 2 | execution shall not in any case issue against any real or | ||||||
| 3 | personal property of the Authority; | ||||||
| 4 | (5) to employ agents and employees necessary to carry | ||||||
| 5 | out the purposes of this Act; | ||||||
| 6 | (6) to have, use, and alter a common seal; | ||||||
| 7 | (7) to acquire, own, construct, equip, finance, lease, | ||||||
| 8 | operate, and maintain grounds, buildings, facilities, | ||||||
| 9 | property or any portion of a building, facility, or | ||||||
| 10 | property owned or leased by the Authority to carry out the | ||||||
| 11 | purposes of and its duties under this Act and to fix, | ||||||
| 12 | charge, and collect fees, rents, and charges for the use | ||||||
| 13 | of any such building, facility, property or portion | ||||||
| 14 | thereof; | ||||||
| 15 | (8) to adopt all ordinances, resolutions, budgets, | ||||||
| 16 | by-laws, rules, and regulations necessary or proper to | ||||||
| 17 | carry into effect the purposes of this Act and the powers | ||||||
| 18 | granted to the Authority; | ||||||
| 19 | (9) to apply for, accept, and expend grants, | ||||||
| 20 | appropriations, guarantees, donations of real property, | ||||||
| 21 | personal property, or labor, or any other thing of value; | ||||||
| 22 | (10) to exercise the right of eminent domain by | ||||||
| 23 | condemnation proceedings in the manner provided by the | ||||||
| 24 | Eminent Domain Act; | ||||||
| 25 | (11) to acquire, construct, equip, finance, own, | ||||||
| 26 | lease, operate, and maintain any Capital Area Tourism | ||||||
| |||||||
| |||||||
| 1 | Project and to determine and direct the use of the local | ||||||
| 2 | tax contribution and the State tax contribution for the | ||||||
| 3 | approved Capital Area Project in the Capital Area Tourism | ||||||
| 4 | District; | ||||||
| 5 | (12) to borrow money and to issue revenue bonds, | ||||||
| 6 | notes, or other evidences of indebtedness as provided in | ||||||
| 7 | this Act; | ||||||
| 8 | (13) to pay or cause to be paid project costs of a | ||||||
| 9 | Capital Area Project and the principal, any redemption | ||||||
| 10 | premium, and interest of any Capital Area Tourism Bonds | ||||||
| 11 | issued by the Authority; and | ||||||
| 12 | (14) to exercise any and all other powers of a | ||||||
| 13 | political subdivision and unit of local government, | ||||||
| 14 | excluding the power to levy taxes, necessary to effectuate | ||||||
| 15 | the purposes of this Act. | ||||||
| 16 | Section 5-25. Board members; officers; governance. | ||||||
| 17 | (a) The governing and administrative powers of the | ||||||
| 18 | Authority shall be vested in its Board, which shall consist of | ||||||
| 19 | 5 members appointed as follows: | ||||||
| 20 | (1) 3 members nominated by the Sangamon County Board | ||||||
| 21 | Chairman and appointed by action of the Sangamon County | ||||||
| 22 | Board; | ||||||
| 23 | (2) one member nominated by the Mayor of Springfield | ||||||
| 24 | and appointed by the City Council of Springfield; and | ||||||
| 25 | (3) one member nominated by the Chairman of SMEAA and | ||||||
| |||||||
| |||||||
| 1 | appointed by action of the Board of SMEAA. | ||||||
| 2 | (b) All persons appointed as members of the Board shall be | ||||||
| 3 | residents of Sangamon County and shall have recognized ability | ||||||
| 4 | and experience in one or more of the following areas: economic | ||||||
| 5 | development, finance, banking, commercial development, hotel | ||||||
| 6 | management, convention management, small business management, | ||||||
| 7 | real estate development, community development, organized | ||||||
| 8 | labor, units of local government, or civic, community, or | ||||||
| 9 | neighborhood organization. | ||||||
| 10 | (c) The Chairperson of the Board shall be selected by a | ||||||
| 11 | majority vote of the members of the Board. | ||||||
| 12 | (d) The Sangamon County Board may remove, by simple | ||||||
| 13 | majority vote, any member of the Board of Directors of the | ||||||
| 14 | Authority deemed by the Sangamon County Board, in its sole | ||||||
| 15 | discretion, to be incompetent, to have neglected the member's | ||||||
| 16 | duty, or to have intentionally committed an illegal, | ||||||
| 17 | dishonest, wrongful, or unlawful act. | ||||||
| 18 | (e) Members of the Board, unless removed by the Sangamon | ||||||
| 19 | County Board, shall hold office until their respective | ||||||
| 20 | successors have been appointed. Any member may resign from his | ||||||
| 21 | or her office. Vacancies shall be filled in the same manner as | ||||||
| 22 | original appointments. | ||||||
| 23 | (f) Members of the Board shall serve without compensation | ||||||
| 24 | for their services as members but may be reimbursed for all | ||||||
| 25 | necessary expenses incurred in connection with the performance | ||||||
| 26 | of their duties as members. | ||||||
| |||||||
| |||||||
| 1 | (g) The Board shall hold meetings quarterly or more | ||||||
| 2 | frequently upon the call of the Chairperson of the Board or | ||||||
| 3 | written notice of 3 members of the Board. | ||||||
| 4 | (h) A majority of the appointed members of the Board shall | ||||||
| 5 | constitute a quorum for the transaction of business, and the | ||||||
| 6 | Board may not meet or take any action without a quorum present. | ||||||
| 7 | The affirmative vote of a majority of the members present at a | ||||||
| 8 | meeting at which a quorum is present shall be necessary for any | ||||||
| 9 | official act of the Authority. | ||||||
| 10 | (i) All members of the Board and employees of the | ||||||
| 11 | Authority are subject to the Illinois Governmental Ethics Act, | ||||||
| 12 | in accordance with its terms, and shall submit a statement of | ||||||
| 13 | economic interests in accordance with Article 4A of the | ||||||
| 14 | Illinois Governmental Ethics Act. Additionally, each Board | ||||||
| 15 | member shall disclose to the Board outside sources of income | ||||||
| 16 | and any business relationships in economic development, | ||||||
| 17 | convention or hotel operations, consulting, or lobbying. | ||||||
| 18 | Reporting shall include the source of income, services | ||||||
| 19 | provided, and timeline of when services were provided. If the | ||||||
| 20 | source of income is a firm or organization with multiple | ||||||
| 21 | clients, the report shall list all of the entities for which | ||||||
| 22 | the individual provided services, received compensation, or | ||||||
| 23 | both. | ||||||
| 24 | (j) The Board may appoint an Executive Director who shall | ||||||
| 25 | have a background in finance, real estate or economic | ||||||
| 26 | development, convention management, hotel management, or | ||||||
| |||||||
| |||||||
| 1 | administration. The Executive Director shall hold office at | ||||||
| 2 | the discretion of the Board. The Executive Director shall be | ||||||
| 3 | the chief administrative and operational officer of the | ||||||
| 4 | Authority, shall direct and supervise its administrative | ||||||
| 5 | affairs and general management, shall perform such other | ||||||
| 6 | duties as may be prescribed from time to time by the Board, and | ||||||
| 7 | shall receive compensation fixed by the Board. The Executive | ||||||
| 8 | Director shall attend all meetings of the Board; however, no | ||||||
| 9 | action of the Board or the Authority shall be invalid on | ||||||
| 10 | account of the absence of the Executive Director from a | ||||||
| 11 | meeting excused by the Board Chairman. | ||||||
| 12 | (k) No member of the Board or employee of the Authority | ||||||
| 13 | shall be subject to personal liability by reason of any act | ||||||
| 14 | authorized by this Act. | ||||||
| 15 | Section 5-30. Open meetings; record disclosure. | ||||||
| 16 | (a) The Authority is subject to the Open Meetings Act and | ||||||
| 17 | the Freedom of Information Act. All rules, regulations, | ||||||
| 18 | ordinances, resolutions and all proceedings of the Authority | ||||||
| 19 | and all documents and records in its possession shall be | ||||||
| 20 | public records, and open to public inspection, except such | ||||||
| 21 | documents and records as shall be kept or prepared by the Board | ||||||
| 22 | for use in negotiations, actions, or proceedings to which the | ||||||
| 23 | Authority is a party. | ||||||
| 24 | (b) The Authority shall provide a detailed report of the | ||||||
| 25 | Authority's quarterly financial information on the Authority's | ||||||
| |||||||
| |||||||
| 1 | website. As they become available, the Authority's annual | ||||||
| 2 | audited financial statements shall be posted on the | ||||||
| 3 | Authority's website. | ||||||
| 4 | Section 5-35. Limitations. If any of the Authority's | ||||||
| 5 | powers are exercised within the territorial jurisdiction of | ||||||
| 6 | any municipality, all ordinances of that municipality shall | ||||||
| 7 | remain in full force and effect and shall be controlling, | ||||||
| 8 | including, but not limited to, building codes and zoning | ||||||
| 9 | ordinances; provided that when an intergovernmental | ||||||
| 10 | cooperation agreement that includes the Authority, Sangamon | ||||||
| 11 | County, and the City of Springfield addresses a substantially | ||||||
| 12 | similar subject matter as an ordinance of a municipality, the | ||||||
| 13 | terms of the intergovernmental cooperation agreement shall be | ||||||
| 14 | controlling. | ||||||
| 15 | Section 5-40. Approval of the Capital Area Tourism | ||||||
| 16 | District and Capital Area Tourism Project. | ||||||
| 17 | (a) The Office of the Governor, in consultation with the | ||||||
| 18 | Department, the Department of Revenue, and the Governor's | ||||||
| 19 | Office of Management and Budget, shall have final approval | ||||||
| 20 | over any Capital Area Tourism District established under this | ||||||
| 21 | Act and approval of any Capital Area Tourism Project under | ||||||
| 22 | this Act. | ||||||
| 23 | (b) The Authority may establish a Capital Area Tourism | ||||||
| 24 | District within its territorial and jurisdictional boundaries. | ||||||
| |||||||
| |||||||
| 1 | (c) When the Authority is interested in establishing a | ||||||
| 2 | Capital Area Tourism District, it must pass a resolution | ||||||
| 3 | stating its intention and provide notice to the Director of | ||||||
| 4 | Commerce and Economic Opportunity and the Director of Revenue | ||||||
| 5 | of its intention to establish a Capital Area Tourism District. | ||||||
| 6 | The resolution considering the establishment of a Capital Area | ||||||
| 7 | Tourism District shall: | ||||||
| 8 | (1) give notice that a public hearing will be held to | ||||||
| 9 | consider the establishment of the Capital Area Tourism | ||||||
| 10 | District and fix the date, hour, and place of the public | ||||||
| 11 | hearing, which shall be at a location that is within 5 | ||||||
| 12 | miles of the proposed District and in a facility that can | ||||||
| 13 | accommodate a large crowd and is accessible to persons | ||||||
| 14 | with disabilities; | ||||||
| 15 | (2) describe the proposed general boundaries of the | ||||||
| 16 | Capital Area Tourism District, which shall be within the | ||||||
| 17 | territorial jurisdiction of the Authority as established | ||||||
| 18 | by this Act; | ||||||
| 19 | (3) describe the Capital Area Tourism District Plan; | ||||||
| 20 | (4) require that a description and map of the proposed | ||||||
| 21 | Capital Area Tourism District are available for inspection | ||||||
| 22 | at a time and place designated or are posted on the website | ||||||
| 23 | of the Authority; | ||||||
| 24 | (5) identify the developer for the proposed Capital | ||||||
| 25 | Area Tourism Project or Projects in the proposed District; | ||||||
| 26 | and | ||||||
| |||||||
| |||||||
| 1 | (6) make findings necessary for the establishment of a | ||||||
| 2 | Capital Area Tourism District. | ||||||
| 3 | (d) Upon the conclusion of the public hearing, the | ||||||
| 4 | Authority may pass a new and separate resolution to establish | ||||||
| 5 | the Capital Area Tourism District, which shall: | ||||||
| 6 | (1) make findings that the proposed Capital Area | ||||||
| 7 | Tourism District is to be developed with at least one | ||||||
| 8 | Capital Area Tourism Project; | ||||||
| 9 | (2) contain a Capital Area Tourism District Plan that | ||||||
| 10 | identifies in a general manner the buildings and | ||||||
| 11 | facilities that are proposed to be developed, redeveloped, | ||||||
| 12 | constructed, equipped, or improved as part of the Capital | ||||||
| 13 | Area Tourism Project and that includes plans for at least | ||||||
| 14 | one development user; | ||||||
| 15 | (3) contain the boundaries for or legal description of | ||||||
| 16 | the Capital Area Tourism District; | ||||||
| 17 | (4) appoint the developer for the initial Capital Area | ||||||
| 18 | Tourism Project in the Capital Area Tourism District; | ||||||
| 19 | (5) make a finding that the Capital Area Tourism | ||||||
| 20 | District Plan demonstrates a reasonable expectation that | ||||||
| 21 | it and the initial Capital Area Tourism Project will | ||||||
| 22 | result in an initial capital investment of more than | ||||||
| 23 | $30,000,000, create jobs, promote a vibrant hospitality | ||||||
| 24 | industry that is capable of hosting visitors, legislative | ||||||
| 25 | advocates, those doing business with the State, and | ||||||
| 26 | conventions in the City of Springfield and Sangamon | ||||||
| |||||||
| |||||||
| 1 | County, and promote business, industry, commerce and | ||||||
| 2 | conventions in the City of Springfield and Sangamon | ||||||
| 3 | County; and | ||||||
| 4 | (6) establish the Capital Area Tourism District, | ||||||
| 5 | contingent upon approval of the Office of the Governor as | ||||||
| 6 | set forth in this Act. | ||||||
| 7 | (e) Upon passage of a resolution to establish a Capital | ||||||
| 8 | Area Tourism District, the Authority shall, within 60 days, | ||||||
| 9 | send a certified copy of the resolution to the Director of | ||||||
| 10 | Commerce and Economic Opportunity, the Director of Revenue, | ||||||
| 11 | and the Director of the Governor's Office of Management and | ||||||
| 12 | Budget. | ||||||
| 13 | (f) Following the passage of a resolution to establish a | ||||||
| 14 | Capital Area Tourism District, the Authority shall submit the | ||||||
| 15 | proposed Capital Area Tourism District Plan to the Department, | ||||||
| 16 | the Department of Revenue, and the Governor's Office of | ||||||
| 17 | Management and Budget for consideration. | ||||||
| 18 | The Department, the Department of Revenue, and the | ||||||
| 19 | Governor's Office of Management and Budget shall make a joint | ||||||
| 20 | recommendation to approve the Capital Area Tourism District if | ||||||
| 21 | the agencies find that the Capital Area Tourism District Plan: | ||||||
| 22 | (1) includes an initial Capital Area Tourism Project | ||||||
| 23 | with a projected capital investment of at least | ||||||
| 24 | $30,000,000 for the Capital Area Tourism District; and | ||||||
| 25 | (2) includes an initial Capital Area Tourism Project | ||||||
| 26 | that is reasonably projected to produce at least 80 new | ||||||
| |||||||
| |||||||
| 1 | jobs; | ||||||
| 2 | (3) includes potential development users; and | ||||||
| 3 | (4) is in accordance with the purposes of this Act and | ||||||
| 4 | the public interest. | ||||||
| 5 | The agencies shall send a copy of their written findings | ||||||
| 6 | and recommendations for approval or denial of the Capital Area | ||||||
| 7 | Tourism District to the Office of the Governor for review and | ||||||
| 8 | final action. | ||||||
| 9 | (g) Upon receipt of the written findings and | ||||||
| 10 | recommendations, the Office of the Governor shall review the | ||||||
| 11 | submission and issue a final approval or denial of the | ||||||
| 12 | establishment of the Capital Area Tourism District and send | ||||||
| 13 | written notice of its approval or denial to the Authority and | ||||||
| 14 | to the agencies. | ||||||
| 15 | (h) After the establishment of an approved Capital Area | ||||||
| 16 | Tourism District, the Authority must submit a proposed Capital | ||||||
| 17 | Area Tourism Project Plan to the Department, the Department of | ||||||
| 18 | Revenue, and the Governor's Office of Management and Budget to | ||||||
| 19 | seek approval of each Capital Area Tourism Project. Each | ||||||
| 20 | Capital Area Tourism Project Plan may be implemented in | ||||||
| 21 | separate development stages. | ||||||
| 22 | The developer may propose a Capital Area Tourism Project | ||||||
| 23 | to the Authority, and the developer shall, in cooperation with | ||||||
| 24 | the Authority, prepare a Capital Area Tourism Project Plan. | ||||||
| 25 | (i) If the Authority is considering approving a Capital | ||||||
| 26 | Area Tourism Project, then it must cause to be prepared an | ||||||
| |||||||
| |||||||
| 1 | independent feasibility study. The feasibility consultant | ||||||
| 2 | shall provide certified copies of the feasibility study to the | ||||||
| 3 | Authority, the Department, the Department of Revenue, and the | ||||||
| 4 | Governor's Office of Management and Budget. The feasibility | ||||||
| 5 | study shall include the following: | ||||||
| 6 | (1) the estimated amount of pledged capital area | ||||||
| 7 | tourism revenues expected to be collected in each year | ||||||
| 8 | through the final maturity date of any proposed Capital | ||||||
| 9 | Area Tourism Bonds used to finance the project; | ||||||
| 10 | (2) a statement of how the jobs created and taxes | ||||||
| 11 | derived from the Capital Area Tourism Project will | ||||||
| 12 | contribute significantly to the economic development of | ||||||
| 13 | the City of Springfield and Sangamon County; | ||||||
| 14 | (3) the estimated additional number of visitors to the | ||||||
| 15 | Capital Area Tourism District expected to be generated; | ||||||
| 16 | (4) the unique quality of the Capital Area Tourism | ||||||
| 17 | Project; | ||||||
| 18 | (5) an economic impact study substantiating the | ||||||
| 19 | expected economic impact of the Capital Area Tourism | ||||||
| 20 | Project on the City of Springfield and Sangamon County; | ||||||
| 21 | (6) a market study; | ||||||
| 22 | (7) an analysis of current and anticipated | ||||||
| 23 | infrastructure needs; | ||||||
| 24 | (8) the quality of services to be provided by the | ||||||
| 25 | Capital Area Tourism Project, as measured against national | ||||||
| 26 | consumer standards for the market targeted by the proposed | ||||||
| |||||||
| |||||||
| 1 | Capital Area Tourism Project; | ||||||
| 2 | (9) the expected return on State and local investment | ||||||
| 3 | that the Capital Area Tourism Project is anticipated to | ||||||
| 4 | produce; and | ||||||
| 5 | (10) the anticipated principal, premium, and interest | ||||||
| 6 | payment schedule on any Capital Area Tourism Bonds to be | ||||||
| 7 | issued in support of the Capital Area Tourism Project. | ||||||
| 8 | The feasibility consultant, along with any other | ||||||
| 9 | consultants commissioned to perform the studies and other | ||||||
| 10 | analysis required by the feasibility study, shall be selected | ||||||
| 11 | by the Authority with approval of the Department. | ||||||
| 12 | The failure to include all information enumerated in this | ||||||
| 13 | subsection in the feasibility study for a Capital Area Tourism | ||||||
| 14 | Project shall not affect the validity of any Capital Area | ||||||
| 15 | Tourism Bonds issued under this Act. | ||||||
| 16 | (j) If the Authority determines that the Capital Area | ||||||
| 17 | Tourism Project is feasible, then the Capital Area Tourism | ||||||
| 18 | Project Plan shall include: | ||||||
| 19 | (1) a summary of the feasibility study; | ||||||
| 20 | (2) a reference to the Capital Area Tourism District | ||||||
| 21 | Plan that identifies the area for the Capital Area Tourism | ||||||
| 22 | Project; | ||||||
| 23 | (3) a description of the boundaries and a map of the | ||||||
| 24 | Capital Area Tourism Project area or site to be developed, | ||||||
| 25 | redeveloped, constructed, or improved; | ||||||
| 26 | (4) a description of the buildings and facilities | ||||||
| |||||||
| |||||||
| 1 | proposed to be constructed or improved in the Capital Area | ||||||
| 2 | Tourism Project and, if applicable, a description of the | ||||||
| 3 | expected development users, as applicable; | ||||||
| 4 | (5) a copy of the project labor agreement entered into | ||||||
| 5 | by the developer and a commitment, in writing, by the | ||||||
| 6 | developer, other developers, contractors, and | ||||||
| 7 | subcontractors to comply with the requirements of Section | ||||||
| 8 | 30-22 of the Illinois Procurement Code as they apply to | ||||||
| 9 | responsible bidders; and | ||||||
| 10 | (6) any other information the Authority deems | ||||||
| 11 | reasonable and necessary to advise the public of the | ||||||
| 12 | intent of the Capital Area Tourism Project Plan. | ||||||
| 13 | (k) Before the Authority may hold a public hearing to | ||||||
| 14 | consider a Capital Area Tourism Project Plan, it must apply to | ||||||
| 15 | the Department, the Department of Revenue, and the Governor's | ||||||
| 16 | Office of Management and Budget for joint review and | ||||||
| 17 | recommendation of the Capital Area Tourism Project Plan to the | ||||||
| 18 | Office of the Governor. The Office of the Governor has the | ||||||
| 19 | ultimate right to approve or deny a Capital Area Tourism | ||||||
| 20 | Project Plan. | ||||||
| 21 | An application for approval of a Capital Area Tourism | ||||||
| 22 | Project Plan shall not be approved by the agencies or Office of | ||||||
| 23 | the Governor unless all the components of the feasibility | ||||||
| 24 | study have been completed and submitted for review. The | ||||||
| 25 | Authority must also submit, as part of its application, the | ||||||
| 26 | financial and other information that substantiates the basis | ||||||
| |||||||
| |||||||
| 1 | for the conclusions of the economic impact study, in the form | ||||||
| 2 | and manner required by the agencies, so that the agencies can | ||||||
| 3 | verify the results of the study. | ||||||
| 4 | As part of the review, the agencies shall evaluate the | ||||||
| 5 | conclusions of the feasibility study as it relates to the | ||||||
| 6 | projected State tax contribution and local tax contribution | ||||||
| 7 | expected to be generated in the Capital Area Tourism District. | ||||||
| 8 | The Department, the Department of Revenue, and the | ||||||
| 9 | Governor's Office of Management and Budget shall jointly | ||||||
| 10 | recommend the approval of a Capital Area Tourism Project Plan. | ||||||
| 11 | The agencies shall send a copy of their written findings and | ||||||
| 12 | recommended approval or denial of the Capital Area Tourism | ||||||
| 13 | Project Plan to the Office of the Governor for final action. | ||||||
| 14 | Upon receipt of the Director's written findings and | ||||||
| 15 | recommendation, the Office of the Governor shall issue a final | ||||||
| 16 | approval or denial of the Capital Area Tourism Project Plan. | ||||||
| 17 | In granting its approval, the Office of the Governor may | ||||||
| 18 | require the Authority to execute a binding agreement or | ||||||
| 19 | memorandum of understanding with the State. | ||||||
| 20 | (l) Upon issuance of written approval of the Capital Area | ||||||
| 21 | Tourism Project Plan from the Office of the Governor, the | ||||||
| 22 | Authority shall adopt a resolution stating that it is | ||||||
| 23 | considering the adoption of the Capital Area Tourism Project | ||||||
| 24 | Plan. The resolution shall: | ||||||
| 25 | (1) give notice that a public hearing will be held to | ||||||
| 26 | consider the adoption of the Capital Area Tourism Project | ||||||
| |||||||
| |||||||
| 1 | Plan and fix the date, hour, and place of the public | ||||||
| 2 | hearing; | ||||||
| 3 | (2) describe the general boundaries of the Capital | ||||||
| 4 | Area Tourism District within which the Capital Area | ||||||
| 5 | Tourism Project will be located and the date of | ||||||
| 6 | establishment of the Capital Area Tourism District; | ||||||
| 7 | (3) describe the general boundaries of the site or | ||||||
| 8 | area proposed for the Capital Area Tourism Project; | ||||||
| 9 | (4) provide that the Capital Area Tourism Project Plan | ||||||
| 10 | and map of the area to be developed or redeveloped are | ||||||
| 11 | available for inspection at a time and place designated by | ||||||
| 12 | the Authority or are posted on the Authority's website; | ||||||
| 13 | and | ||||||
| 14 | (5) contain a summary of the terms and conditions of | ||||||
| 15 | any proposed development agreement with the Authority | ||||||
| 16 | relating to the Capital Area Tourism Project. | ||||||
| 17 | (m) A public hearing shall be conducted to consider the | ||||||
| 18 | adoption of any Capital Area Tourism Project Plan. | ||||||
| 19 | (1) The date fixed for the public hearing to consider | ||||||
| 20 | the passage of the Capital Area Tourism Project Plan shall | ||||||
| 21 | not be less than 10 nor more than 60 days following the | ||||||
| 22 | date of the passage of the resolution fixing the date of | ||||||
| 23 | the hearing. | ||||||
| 24 | (2) A copy of the Authority's resolution providing for | ||||||
| 25 | the public hearing shall be sent by certified mail, return | ||||||
| 26 | receipt requested, to the governing authorities of the | ||||||
| |||||||
| |||||||
| 1 | City of Springfield and Sangamon County. A copy of the | ||||||
| 2 | Authority's resolution providing for the public hearing | ||||||
| 3 | shall also be sent by certified mail, return receipt | ||||||
| 4 | requested, to each person or persons in whose name the | ||||||
| 5 | general taxes for the last preceding year were paid on | ||||||
| 6 | each parcel of land adjacent to any parcel of land on which | ||||||
| 7 | the Capital Area Tourism Project is proposed to be | ||||||
| 8 | developed, redeveloped, constructed, or improved within 10 | ||||||
| 9 | days following the date of the passage of the resolution. | ||||||
| 10 | A summary of the resolution shall be published once in a | ||||||
| 11 | newspaper of general circulation in Sangamon County not | ||||||
| 12 | less than one week nor more than 3 weeks before the date | ||||||
| 13 | fixed for the public hearing indicating that the full text | ||||||
| 14 | of the resolution is available on the Authority's website. | ||||||
| 15 | A map or aerial photo clearly delineating the area of land | ||||||
| 16 | proposed to be included within the Capital Area Tourism | ||||||
| 17 | Project shall be published with the resolution. | ||||||
| 18 | (3) The hearing shall be held at a location that is | ||||||
| 19 | within approximately 5 miles of the proposed location of | ||||||
| 20 | the Capital Area Tourism Project in a facility that can | ||||||
| 21 | accommodate a large gathering and is accessible to persons | ||||||
| 22 | with disabilities. | ||||||
| 23 | (4) At the public hearing, a representative of the | ||||||
| 24 | Authority or developer shall present the Capital Area | ||||||
| 25 | Tourism Project Plan. Following this presentation, all | ||||||
| 26 | interested persons shall be given an opportunity to be | ||||||
| |||||||
| |||||||
| 1 | heard for up to that amount of time prescribed by the | ||||||
| 2 | Authority at the commencement of the public hearing. The | ||||||
| 3 | Authority may continue the date and time of the public | ||||||
| 4 | hearing if necessary. | ||||||
| 5 | (n) Upon conclusion of the public hearing, the Authority | ||||||
| 6 | may adopt the Capital Area Tourism Project Plan by passage of a | ||||||
| 7 | resolution approving the plan. | ||||||
| 8 | (o) After the adoption of the Capital Area Tourism Project | ||||||
| 9 | Plan, the Authority must enter into a project development | ||||||
| 10 | agreement with the developer. | ||||||
| 11 | (p) Within 30 days after the adoption by the Authority of a | ||||||
| 12 | Capital Area Tourism Project Plan, the clerk of the governing | ||||||
| 13 | body of Sangamon County shall transmit a copy of the depiction | ||||||
| 14 | of the land and a list of all new and existing mailing | ||||||
| 15 | addresses within the Capital Area Tourism District, a copy of | ||||||
| 16 | the resolution adopting the Capital Area Tourism Project Plan, | ||||||
| 17 | and a map or plat indicating the boundaries of the site of the | ||||||
| 18 | Capital Area Tourism Project and the Capital Area Tourism | ||||||
| 19 | District to the treasurer and the clerk of the governing body | ||||||
| 20 | of Sangamon County; the treasurer and clerk of the governing | ||||||
| 21 | body of the City of Springfield; and the Department and | ||||||
| 22 | Department of Revenue. Within 30 days of creation of any new | ||||||
| 23 | mailing address within a Capital Area Tourism District, the | ||||||
| 24 | clerk of the governing body of the City of Springfield or | ||||||
| 25 | Sangamon County shall provide written notice of that new | ||||||
| 26 | address to the Department and the Department of Revenue. | ||||||
| |||||||
| |||||||
| 1 | (q) Any substantial change to a Capital Area Tourism | ||||||
| 2 | Project Plan after its adoption shall be subject to (i) a | ||||||
| 3 | public hearing following publication of notice of the hearing | ||||||
| 4 | as provided in this Section and (ii) approval by resolution of | ||||||
| 5 | the Authority. Any substantial addition of real property to a | ||||||
| 6 | Capital Area Tourism District or any substantial change to a | ||||||
| 7 | Capital Area Tourism District Plan shall be subject to the | ||||||
| 8 | same procedure for public notice, hearing, and approval, | ||||||
| 9 | including approval by the Department and the Office of the | ||||||
| 10 | Governor, as is required for the establishment of the Capital | ||||||
| 11 | Area Tourism District under this Act. If the Authority has | ||||||
| 12 | undertaken a Capital Area Tourism Project within a Capital | ||||||
| 13 | Area Tourism District and desires to subsequently remove more | ||||||
| 14 | than a de minimis amount of real property from the District, | ||||||
| 15 | then prior to any removal of property, the Authority must | ||||||
| 16 | provide a revised feasibility study showing that the pledged | ||||||
| 17 | capital area tourism revenues from the resulting revised | ||||||
| 18 | District are estimated to be sufficient to meet any covenants | ||||||
| 19 | or obligations made with respect to Capital Area Tourism Bonds | ||||||
| 20 | then outstanding including the payment of debt service on | ||||||
| 21 | those bonds, and to pay the project costs of approved Capital | ||||||
| 22 | Area Tourism Projects to be financed, in whole or in part, with | ||||||
| 23 | Capital Area Tourism Bonds. If the revenue from the resulting | ||||||
| 24 | revised territorial boundaries of a Capital Area Tourism | ||||||
| 25 | District is insufficient to meet the foregoing requirements, | ||||||
| 26 | then the real property may not be removed from the District. | ||||||
| |||||||
| |||||||
| 1 | Any removal of real property from a Capital Area Tourism | ||||||
| 2 | District shall be approved by a resolution of the Authority, | ||||||
| 3 | after receiving approval from the Office of the Governor. | ||||||
| 4 | (r) The Department of Revenue shall not collect or | ||||||
| 5 | allocate any local tax contribution or State tax contribution | ||||||
| 6 | until the Authority provides, in the manner prescribed by the | ||||||
| 7 | Department of Revenue, the boundaries of and each address in | ||||||
| 8 | the Capital Area Tourism District in such a way that the | ||||||
| 9 | Department of Revenue can determine by its address whether a | ||||||
| 10 | business is located in the Capital Area Tourism District. The | ||||||
| 11 | Department of Revenue shall not administer or enforce any | ||||||
| 12 | change made to the boundaries of the Capital Area Tourism | ||||||
| 13 | District or any address change, addition, or deletion until | ||||||
| 14 | the Authority reports the boundary change or address change, | ||||||
| 15 | addition, or deletion to the Department of Revenue in the | ||||||
| 16 | manner prescribed by the Department of Revenue. If a retailer | ||||||
| 17 | or hotel operator is incorrectly included or excluded from the | ||||||
| 18 | list of those located in the Capital Area Tourism District, | ||||||
| 19 | the Department of Revenue shall be held harmless by the | ||||||
| 20 | Authority if the Department of Revenue reasonably relied on | ||||||
| 21 | information provided by the Authority or to Sangamon County. | ||||||
| 22 | (s) Any developer of a Capital Area Tourism Project shall | ||||||
| 23 | commence construction of the project by the date agreed upon | ||||||
| 24 | in the development agreement but in no event later than 18 | ||||||
| 25 | months from the date of adoption of the Capital Area Tourism | ||||||
| 26 | Project Plan by the Authority. The Authority may require a | ||||||
| |||||||
| |||||||
| 1 | guarantee of completion and or payment and performance bond in | ||||||
| 2 | form satisfactory to the Authority guaranteeing completion of | ||||||
| 3 | the Capital Area Tourism Project to be provided to the | ||||||
| 4 | Authority at the closing on Capital Area Tourism Bonds issued | ||||||
| 5 | to finance any part of the Capital Area Tourism Project. If the | ||||||
| 6 | developer fails to commence work on the Capital Area Tourism | ||||||
| 7 | Project within the 18-month period set forth in this | ||||||
| 8 | subsection, the Authority shall suspend or cease funding for | ||||||
| 9 | the project and the developer. | ||||||
| 10 | (t) After the adoption of a Capital Area Tourism Project | ||||||
| 11 | Plan by the Authority and approval by the Office of the | ||||||
| 12 | Governor, the Authority may authorize the issuance of Capital | ||||||
| 13 | Area Tourism Bonds in one or more series to finance the Capital | ||||||
| 14 | Area Tourism Project or pay or reimburse any eligible project | ||||||
| 15 | costs associated with the Capital Area Tourism Project in | ||||||
| 16 | accordance with the provisions of this Act. | ||||||
| 17 | (u) On the fifth anniversary of the date of issuance of the | ||||||
| 18 | initial issue of Capital Area Tourism Bonds, the Director | ||||||
| 19 | shall, in consultation with the Authority and the developer, | ||||||
| 20 | determine the total number of new jobs created within the | ||||||
| 21 | Capital Area Tourism District, and the total project costs and | ||||||
| 22 | total development costs to that date. If the Director | ||||||
| 23 | determines that the total project costs to date for the | ||||||
| 24 | approved Capital Area Tourism Project funded, in whole or in | ||||||
| 25 | part, with proceeds from the initial issue of Capital Area | ||||||
| 26 | Tourism Bonds is not equal to or greater than $30,000,000, and | ||||||
| |||||||
| |||||||
| 1 | that there are not at least 80 new jobs then existing in the | ||||||
| 2 | Capital Area Tourism District, then no additional Capital Area | ||||||
| 3 | Tourism Bonds, other than Capital Area Tourism Bonds issued to | ||||||
| 4 | refund the outstanding bonds in order to reduce aggregate debt | ||||||
| 5 | service on such bonds, may be issued by the Authority until the | ||||||
| 6 | total project costs of the approved Capital Area Tourism | ||||||
| 7 | Project funded with proceeds from the initial issue of Capital | ||||||
| 8 | Area Tourism Bonds exceed $30,000,000 and at least 80 new jobs | ||||||
| 9 | shall have been created in the Capital Area Tourism District. | ||||||
| 10 | Section 5-43. Limitations on reimbursement. No Capital | ||||||
| 11 | Area Tourism Project may receive reimbursement from the | ||||||
| 12 | proceeds of Capital Area Tourism Bonds secured by or in part by | ||||||
| 13 | the State sales tax increment that exceeds an aggregate amount | ||||||
| 14 | of $250,000,000 in total development costs. The Department may | ||||||
| 15 | further limit or reduce the total amount of reimbursement from | ||||||
| 16 | the proceeds of Capital Area Tourism Bonds secured by or in | ||||||
| 17 | part by the State sales tax increment for any Capital Area | ||||||
| 18 | Tourism Project as a condition of approval of the project; | ||||||
| 19 | provided that the Department executes a binding agreement with | ||||||
| 20 | the Authority and memorializes those terms prior to approving | ||||||
| 21 | a Capital Area Tourism Project Plan. | ||||||
| 22 | Section 5-45. Capital area tourism bonds; source of | ||||||
| 23 | payment; reporting. | ||||||
| 24 | (a) The Authority shall have the power to issue Capital | ||||||
| |||||||
| |||||||
| 1 | Area Tourism Bonds in one or more series to finance the | ||||||
| 2 | undertaking of a Capital Area Tourism Project in accordance | ||||||
| 3 | with the provisions of this Act. A Capital Area Tourism | ||||||
| 4 | Project approved under this Act may be completed in one or more | ||||||
| 5 | phases, and Capital Area Tourism Bonds may be issued, in one or | ||||||
| 6 | more series, to finance the Capital Area Tourism Project or | ||||||
| 7 | any of such project phase. Capital area tourism bonds may be | ||||||
| 8 | issued as revenue bonds as defined in and subject to the | ||||||
| 9 | procedures provided in the Local Government Debt Reform Act | ||||||
| 10 | that do not conflict with the provisions of this Act. Capital | ||||||
| 11 | area tourism bonds shall be issued only as revenue bonds and | ||||||
| 12 | shall not be subject to referendum or back-door referendum. | ||||||
| 13 | (b) Capital area tourism bonds may be made payable, both | ||||||
| 14 | as to principal, premium, and interest, from the following | ||||||
| 15 | sources of revenues, which, to the extent pledged by the | ||||||
| 16 | Authority for that purpose, shall constitute pledged capital | ||||||
| 17 | area tourism revenues: | ||||||
| 18 | (1) available private funds and contributions, grants, | ||||||
| 19 | tax credits, or other financial assistance from the State | ||||||
| 20 | or federal government; | ||||||
| 21 | (2) the local tax contribution; | ||||||
| 22 | (3) the State tax contribution; | ||||||
| 23 | (4) any other revenues appropriated by the City of | ||||||
| 24 | Springfield, Sangamon County, the State of Illinois, | ||||||
| 25 | SMEAA, or the Authority; and | ||||||
| 26 | (5) any combination of the foregoing. | ||||||
| |||||||
| |||||||
| 1 | (c) The Authority shall pledge the pledged capital area | ||||||
| 2 | tourism revenues to the repayment of Capital Area Tourism | ||||||
| 3 | Bonds in the resolution authorizing the issuance of Capital | ||||||
| 4 | Area Tourism Bonds. | ||||||
| 5 | (d) Capital area tourism bonds shall be issued as revenue | ||||||
| 6 | bonds, shall not be general obligations of the Authority, the | ||||||
| 7 | City of Springfield, Sangamon County, or the State of | ||||||
| 8 | Illinois, and shall not, in any event, give rise to a charge | ||||||
| 9 | against the general credit or taxing powers of the Authority, | ||||||
| 10 | Sangamon County, the State of Illinois, or the City of | ||||||
| 11 | Springfield or be payable out of any funds or properties other | ||||||
| 12 | than the pledged capital area tourism revenues and shall so | ||||||
| 13 | state on the face of such bonds. | ||||||
| 14 | (e) The maximum maturity of Capital Area Tourism Bonds | ||||||
| 15 | issued to finance a Capital Area Tourism Project shall not | ||||||
| 16 | exceed 35 years from the date of their issuance unless the | ||||||
| 17 | Authority extends that maturity by resolution up to a maximum | ||||||
| 18 | of 40 years from the date of their issuance. Any such extension | ||||||
| 19 | shall require the approval of the Office of the Governor, upon | ||||||
| 20 | the recommendation of the Directors. In no event shall the | ||||||
| 21 | maximum maturity date for any Capital Area Tourism Bonds | ||||||
| 22 | exceed that date which is 40 years from the date of issuance of | ||||||
| 23 | the Capital Area Tourism Bonds. | ||||||
| 24 | (f) Each issue of Capital Area Tourism Bonds proposed | ||||||
| 25 | after the initial issuance of such bonds shall be authorized | ||||||
| 26 | by the Authority only if pledged capital area tourism revenues | ||||||
| |||||||
| |||||||
| 1 | held in trust for the repayment of such bonds exceed that | ||||||
| 2 | amount which is sufficient to meet the debt service coverage | ||||||
| 3 | requirements on Capital Area Tourism Bonds outstanding as set | ||||||
| 4 | forth in the documentation relating to the issuance of such | ||||||
| 5 | bonds and that the excess is at least sufficient to meet | ||||||
| 6 | expected debt service coverage requirements on the proposed | ||||||
| 7 | issue of Capital Area Tourism Bonds. | ||||||
| 8 | (g) For a Capital Area Tourism Project financed with | ||||||
| 9 | Capital Area Tourism Bonds payable from the pledged capital | ||||||
| 10 | area tourism revenues, commencing on June 1 of the year | ||||||
| 11 | succeeding the year of issuance of the Capital Area Tourism | ||||||
| 12 | Bonds, the Authority shall prepare and submit to the | ||||||
| 13 | Department, the Department of Revenue, the Office of the | ||||||
| 14 | Governor, and the Governor's Office of Management and Budget | ||||||
| 15 | by June 1 of each year a report describing the status of the | ||||||
| 16 | Capital Area Tourism Project, any expenditures of the proceeds | ||||||
| 17 | of the Capital Area Tourism Bonds that have occurred for the | ||||||
| 18 | preceding calendar year, and a budget for the remaining | ||||||
| 19 | expenditures of the proceeds of such bonds expected to occur | ||||||
| 20 | until completion of the Capital Area Tourism Project financed, | ||||||
| 21 | in whole or in part, with such bonds, including the amount of | ||||||
| 22 | pledged capital area tourism revenues, the amount of such | ||||||
| 23 | revenues that has been spent, the projected amount of such | ||||||
| 24 | revenues, and the anticipated use of such revenues. | ||||||
| 25 | Each annual report shall be accompanied by an affidavit of | ||||||
| 26 | the developer or the Authority certifying the contents of the | ||||||
| |||||||
| |||||||
| 1 | report as true to the best of the affiant's knowledge. The | ||||||
| 2 | Department shall have the right, but not the obligation, to | ||||||
| 3 | request the Auditor General to review the annual report and | ||||||
| 4 | the Authority's records containing the source information for | ||||||
| 5 | the report for the purpose of verifying the report's contents. | ||||||
| 6 | If the Auditor General declines the request for review, the | ||||||
| 7 | Department shall have the right to select an independent | ||||||
| 8 | third-party auditor to conduct an audit of the annual report | ||||||
| 9 | and the Authority's records containing the source information | ||||||
| 10 | for the report. The reasonable cost of the audit shall be paid | ||||||
| 11 | by the Authority. Each project development agreement shall | ||||||
| 12 | grant the Department and the Auditor General the right to | ||||||
| 13 | review the records of the Authority and the owner of the | ||||||
| 14 | Capital Area Tourism Project, if other than the Authority, | ||||||
| 15 | containing the source information for the report. | ||||||
| 16 | (h) As soon as possible after the first day of each month, | ||||||
| 17 | upon certification of the Department of Revenue, the | ||||||
| 18 | Comptroller shall order transferred and the Treasurer shall | ||||||
| 19 | transfer, from the General Revenue Fund to the Capital Area | ||||||
| 20 | Tourism Bond Revenue Fund, the State tax contribution for the | ||||||
| 21 | second preceding month, less 3% of that amount, which shall be | ||||||
| 22 | transferred into the Tax Compliance and Administration Fund | ||||||
| 23 | and shall be used by the Department of Revenue, subject to | ||||||
| 24 | appropriation, to cover the costs of the Department of Revenue | ||||||
| 25 | in administering this Act. | ||||||
| 26 | As soon as possible after the first day of each month, upon | ||||||
| |||||||
| |||||||
| 1 | certification of the Department of Revenue, the Comptroller | ||||||
| 2 | shall order transferred and the Treasurer shall transfer, from | ||||||
| 3 | the Local Government Tax Fund and the County and Mass Transit | ||||||
| 4 | District Fund to the Capital Area Tourism Bond Revenue Fund, | ||||||
| 5 | the local tax contribution for the second preceding month, as | ||||||
| 6 | provided in Section 6z-18 of the State Finance Act and from the | ||||||
| 7 | County and Mass Transit District Fund as provided in Section | ||||||
| 8 | 6z-20 of the State Finance Act. | ||||||
| 9 | On or before the 25th day of each calendar month, the | ||||||
| 10 | Department of Revenue shall prepare and certify to the | ||||||
| 11 | Comptroller the disbursement of stated sums of money out of | ||||||
| 12 | the Capital Area Tourism Bond Revenue Fund to the Authority. | ||||||
| 13 | The amount to be paid shall be the amount of State tax | ||||||
| 14 | contribution and the amount of the local tax contribution (not | ||||||
| 15 | including credit memoranda or the amount transferred into the | ||||||
| 16 | Tax Compliance and Administration Fund) collected during the | ||||||
| 17 | second preceding calendar month by the Department of Revenue | ||||||
| 18 | on transactions at places of business located within the | ||||||
| 19 | Capital Area Tourism District, plus an amount the Department | ||||||
| 20 | of Revenue determines is necessary to offset any amounts that | ||||||
| 21 | were erroneously paid to a different taxing body, and not | ||||||
| 22 | including an amount equal to the amount of refunds made during | ||||||
| 23 | the second preceding calendar month by the Department of | ||||||
| 24 | Revenue, and not including any amount that the Department of | ||||||
| 25 | Revenue determines is necessary to offset any amounts that are | ||||||
| 26 | payable to a different taxing body but were erroneously paid | ||||||
| |||||||
| |||||||
| 1 | to the municipality or county. | ||||||
| 2 | Within 10 days after receipt by the Comptroller of the | ||||||
| 3 | Department of Revenue's certification, the Comptroller shall | ||||||
| 4 | cause the orders to be drawn for the amounts in accordance with | ||||||
| 5 | the directions contained in the certification. When certifying | ||||||
| 6 | the amount of monthly disbursement to the Authority, the | ||||||
| 7 | Department of Revenue shall increase or decrease that amount | ||||||
| 8 | by an amount necessary to offset any misallocation of previous | ||||||
| 9 | disbursements. The offset amount shall be the amount | ||||||
| 10 | erroneously disbursed within the 6 months preceding the time a | ||||||
| 11 | misallocation is discovered. | ||||||
| 12 | (i) The Authority shall deposit the proceeds from the | ||||||
| 13 | Capital Area Tourism Bond Revenue Fund into a special fund of | ||||||
| 14 | the Authority called the Capital Area Tourism District Revenue | ||||||
| 15 | Fund, if not directly disbursed to the bond trustee for | ||||||
| 16 | Capital Area Tourism Bonds issued by the Authority, for | ||||||
| 17 | further transfer to the bond trustee, for the purpose of | ||||||
| 18 | paying debt service with respect to the outstanding Capital | ||||||
| 19 | Area Tourism Bonds, paying or reimbursing project costs for | ||||||
| 20 | the Capital Area Tourism Projects, or both. | ||||||
| 21 | If the Authority fails to issue Capital Area Tourism Bonds | ||||||
| 22 | within 2 years from the date of approval of the initial Capital | ||||||
| 23 | Area Tourism Project Plan, then the Department of Revenue | ||||||
| 24 | shall cease distribution of the State tax contribution to the | ||||||
| 25 | City of Springfield, Sangamon County, or the Authority, as | ||||||
| 26 | applicable, and shall transfer any State tax contribution from | ||||||
| |||||||
| |||||||
| 1 | the Capital Area Tourism Bond Revenue Fund to the General | ||||||
| 2 | Revenue Fund, shall cease deposits of State tax contribution | ||||||
| 3 | amounts into the Capital Area Tourism Bond Revenue Fund, and | ||||||
| 4 | shall distribute the receipts of the State sales tax increment | ||||||
| 5 | and local sales tax to the appropriate political subdivision | ||||||
| 6 | as would occur if this Act were not in effect. Further, the | ||||||
| 7 | City of Springfield, Sangamon County, or the Authority, as | ||||||
| 8 | applicable, shall repay all State tax contributions | ||||||
| 9 | distributed to date, which amounts shall be deposited into the | ||||||
| 10 | General Revenue Fund. If not repaid within 90 days after | ||||||
| 11 | notice from the State, the Department of Revenue shall | ||||||
| 12 | withhold distributions to the political subdivisions from the | ||||||
| 13 | Local Government Tax Fund until the excess amount is repaid, | ||||||
| 14 | which withheld amounts shall be transferred to the General | ||||||
| 15 | Revenue Fund. At such time as the Authority notifies the | ||||||
| 16 | Department of Revenue in writing that it has issued Capital | ||||||
| 17 | Area Tourism Bonds in accordance with this Act and provides | ||||||
| 18 | the Department with a copy of the official statement or | ||||||
| 19 | limited offering memorandum or other disclosure document, bond | ||||||
| 20 | purchase agreement, indenture, or other evidence of bond sale, | ||||||
| 21 | the Department of Revenue shall resume deposits of the State | ||||||
| 22 | tax contribution into the Capital Area Tourism Bond Revenue | ||||||
| 23 | Fund and distribution of the State tax contribution to the | ||||||
| 24 | City of Springfield, Sangamon County, or the Authority, as | ||||||
| 25 | applicable, in accordance with this Section. Transfer of that | ||||||
| 26 | portion of the Local Tax Contribution representing Hotel | ||||||
| |||||||
| |||||||
| 1 | Operators' Occupation Tax receipts collected by the City of | ||||||
| 2 | Springfield or Sangamon County and not paid to the Department | ||||||
| 3 | of Revenue shall be transferred to the bond trustee for | ||||||
| 4 | Capital Area Tourism Bonds issued by the Authority pursuant to | ||||||
| 5 | the requirements of the Intergovernmental Cooperation | ||||||
| 6 | Agreement. | ||||||
| 7 | Section 5-50. Reporting taxes. | ||||||
| 8 | (a) Notwithstanding any other provisions of law to the | ||||||
| 9 | contrary, upon the written request of the Authority, the | ||||||
| 10 | Department of Revenue shall provide a certified report of the | ||||||
| 11 | State tax contribution and local tax contribution from all | ||||||
| 12 | taxpayers within the Capital Area Tourism District to the bond | ||||||
| 13 | trustee, escrow agent, or paying agent for the Capital Area | ||||||
| 14 | Tourism Bonds issued by the Authority on or before the 25th day | ||||||
| 15 | of each month. The report shall provide a detailed allocation | ||||||
| 16 | of the State Tax Contribution and local tax contribution. | ||||||
| 17 | Said bond trustee, escrow agent, or paying agent shall | ||||||
| 18 | keep such sales and use tax and hotel tax reports and the | ||||||
| 19 | information contained therein confidential, but may use such | ||||||
| 20 | information for purposes of allocating and depositing the | ||||||
| 21 | sales and use tax revenues and hotel tax revenues in | ||||||
| 22 | connection with the bonds used to finance project costs in the | ||||||
| 23 | Capital Area Tourism District. The sales and use tax and hotel | ||||||
| 24 | tax reports received by said bond trustee, escrow agent, or | ||||||
| 25 | paying agent shall be subject to the confidentiality | ||||||
| |||||||
| |||||||
| 1 | provisions of Section 11 of the Retailers' Occupation Tax Act. | ||||||
| 2 | (b) The Authority, or bond trustee for Capital Area | ||||||
| 3 | Tourism Bonds issued by the Authority in accordance with the | ||||||
| 4 | indenture requirements for those bonds, shall determine when | ||||||
| 5 | the amount of pledged capital area tourism revenues and other | ||||||
| 6 | revenues that have been collected, distributed, and deposited | ||||||
| 7 | to the bond debt service fund, debt service reserve fund, or | ||||||
| 8 | both under the applicable indenture are sufficient to satisfy | ||||||
| 9 | all principal, premium and interest obligations to the | ||||||
| 10 | maturity date or dates of all outstanding Capital Area Tourism | ||||||
| 11 | Bonds issued to finance a Capital Area Tourism Project and | ||||||
| 12 | shall give the Department of Revenue written notice of such | ||||||
| 13 | determination. The notice shall include a date certain on | ||||||
| 14 | which deposits into the Capital Area Tourism Bond Revenue Fund | ||||||
| 15 | for a Capital Area Tourism Project shall terminate and shall | ||||||
| 16 | be provided to the Department of Revenue at least 60 days prior | ||||||
| 17 | to that date. When pledged capital area tourism revenues held | ||||||
| 18 | under the indenture relating to the Capital Area Tourism Bonds | ||||||
| 19 | are sufficient to discharge all Capital Area Tourism Bonds | ||||||
| 20 | then outstanding and the Authority notifies the Department of | ||||||
| 21 | Revenue that no further Capital Area Tourism Bonds shall be | ||||||
| 22 | issued, then all sales and use taxes and hotel taxes and other | ||||||
| 23 | revenues shall be collected and distributed in accordance with | ||||||
| 24 | applicable law. | ||||||
| 25 | If the Authority fails to give timely notice under this | ||||||
| 26 | subsection (b), the Department of Revenue, upon discovery of | ||||||
| |||||||
| |||||||
| 1 | this failure, shall cease distribution of the State sales tax | ||||||
| 2 | increment to the Authority, shall transfer any State sales tax | ||||||
| 3 | increment in the Capital Area Tourism Bond Revenue Fund to the | ||||||
| 4 | General Revenue Fund, and shall cease deposits of State sales | ||||||
| 5 | tax increment amounts into the Capital Area Tourism Bond | ||||||
| 6 | Revenue Fund. Any amount of State sales tax increment | ||||||
| 7 | distributed to the Authority from the Capital Area Tourism | ||||||
| 8 | Bond Revenue Fund in excess of the amount sufficient to | ||||||
| 9 | satisfy all principal and interest costs to the maturity date | ||||||
| 10 | or dates of all Capital Area Tourism Bonds issued by the | ||||||
| 11 | Authority shall be repaid to the Department of Revenue and | ||||||
| 12 | deposited into the General Revenue Fund. If not repaid within | ||||||
| 13 | 90 days after notice from the State, the Department of Revenue | ||||||
| 14 | shall withhold distributions to the Authority from the Local | ||||||
| 15 | Government Tax Fund until the excess amount is repaid, which | ||||||
| 16 | withheld amounts shall be transferred to the General Revenue | ||||||
| 17 | Fund. | ||||||
| 18 | Section 5-55. Developer. Notwithstanding any other | ||||||
| 19 | provision of law, the Authority shall control all Capital Area | ||||||
| 20 | Tourism Projects in any Capital Area Tourism District created | ||||||
| 21 | in the territorial jurisdiction of the Authority. | ||||||
| 22 | Section 5-60. Reports; commitment notice. The Authority | ||||||
| 23 | shall annually submit a report of its finances to the Auditor | ||||||
| 24 | General. The Authority shall provide notice to the General | ||||||
| |||||||
| |||||||
| 1 | Assembly, the Department of Commerce and Economic Opportunity, | ||||||
| 2 | and the Governor whenever the Authority enters into a | ||||||
| 3 | commitment to support the financing of a Capital Area Tourism | ||||||
| 4 | Project. The notice to the General Assembly shall be filed | ||||||
| 5 | with the Clerk of the House of Representatives and the | ||||||
| 6 | Secretary of the Senate, in electronic form only, in the | ||||||
| 7 | manner that the Clerk and the Secretary shall direct. | ||||||
| 8 | Section 5-65. Exemption from taxation. All property of the | ||||||
| 9 | Authority is exempt from taxation under the Property Tax Code. | ||||||
| 10 | Section 5-70. Investigatory authority. The Board may | ||||||
| 11 | investigate conditions in which it has an interest within the | ||||||
| 12 | territorial jurisdiction of the Authority, the enforcement of | ||||||
| 13 | its resolutions, rules, and regulations and the action, | ||||||
| 14 | conduct, and efficiency of its officers, agents, and | ||||||
| 15 | employees. In the conduct of such investigations the Board may | ||||||
| 16 | hold public hearings on its own motion. Each member of the | ||||||
| 17 | Board shall have power to administer oaths, and the secretary, | ||||||
| 18 | by order of the Board, shall issue subpoenas to secure the | ||||||
| 19 | attendance and testimony of witnesses and the production of | ||||||
| 20 | books and papers relevant to such investigations and to any | ||||||
| 21 | hearing before the Board or any member of the Board. | ||||||
| 22 | Any circuit court of this State, upon application of the | ||||||
| 23 | Board or any Board member, may in its discretion compel the | ||||||
| 24 | attendance of witnesses, the production of books and papers, | ||||||
| |||||||
| |||||||
| 1 | and the giving of testimony before the Board or before any | ||||||
| 2 | Board member or any officers' committee appointed by the | ||||||
| 3 | Board, by attachment for contempt or otherwise in the same | ||||||
| 4 | manner as the production of evidence may be compelled before | ||||||
| 5 | the court. | ||||||
| 6 | Section 5-75. Rules. The Department and the Department of | ||||||
| 7 | Revenue shall have the authority to adopt such rules as are | ||||||
| 8 | reasonable and necessary to implement the provisions of this | ||||||
| 9 | Act. Notwithstanding the foregoing, the Department and the | ||||||
| 10 | Department of Revenue shall have the authority, prior to | ||||||
| 11 | adoption and approval of those rules, to consult on and | ||||||
| 12 | recommend approval of a Capital Area Tourism District, Capital | ||||||
| 13 | Area Tourism Project, or any related plans or submissions, and | ||||||
| 14 | to otherwise administer this Act while those rules are pending | ||||||
| 15 | adoption and approval. | ||||||
| 16 | Section 5-80. Concurrent development. Nothing in this Act | ||||||
| 17 | shall in any way limit, restrict, or prevent the concurrent | ||||||
| 18 | establishment, creation, or development of a STAR bond | ||||||
| 19 | district or STAR bond project within any part of Sangamon | ||||||
| 20 | County or the City of Springfield, excluding the territory | ||||||
| 21 | within the Capital Area Tourism District that otherwise | ||||||
| 22 | satisfies the requirements of the Statewide Innovation | ||||||
| 23 | Development and Economy Act; provided, that in no event shall | ||||||
| 24 | the pledged capital area tourism revenues be used for any | ||||||
| |||||||
| |||||||
| 1 | purposes other than those authorized by this Act. | ||||||
| 2 | Section 5-900. The State Finance Act is amended by | ||||||
| 3 | changing Sections 6z-18 and 6z-20 and by adding Section 5.1038 | ||||||
| 4 | as follows: | ||||||
| 5 | (30 ILCS 105/5.1038 new) | ||||||
| 6 | Sec. 5.1038. The Capital Area Tourism Bond Revenue Fund. | ||||||
| 7 | (30 ILCS 105/6z-18) (from Ch. 127, par. 142z-18) | ||||||
| 8 | Sec. 6z-18. Local Government Tax Fund. A portion of the | ||||||
| 9 | money paid into the Local Government Tax Fund from sales of | ||||||
| 10 | tangible personal property taxed at the 1% rate under the | ||||||
| 11 | Retailers' Occupation Tax Act and the Service Occupation Tax | ||||||
| 12 | Act, which occurred in municipalities, shall be distributed to | ||||||
| 13 | each municipality based upon the sales which occurred in that | ||||||
| 14 | municipality. The remainder shall be distributed to each | ||||||
| 15 | county based upon the sales which occurred in the | ||||||
| 16 | unincorporated area of that county. | ||||||
| 17 | Moneys transferred from the Grocery Tax Replacement Fund | ||||||
| 18 | to the Local Government Tax Fund under Section 6z-130 shall be | ||||||
| 19 | treated under this Section in the same manner as if they had | ||||||
| 20 | been remitted with the return on which they were reported. | ||||||
| 21 | A portion of the money paid into the Local Government Tax | ||||||
| 22 | Fund from the 6.25% general use tax rate on the selling price | ||||||
| 23 | of tangible personal property which is purchased outside | ||||||
| |||||||
| |||||||
| 1 | Illinois at retail from a retailer and which is titled or | ||||||
| 2 | registered by any agency of this State's government shall be | ||||||
| 3 | distributed to municipalities as provided in this paragraph. | ||||||
| 4 | Each municipality shall receive the amount attributable to | ||||||
| 5 | sales for which Illinois addresses for titling or registration | ||||||
| 6 | purposes are given as being in such municipality. The | ||||||
| 7 | remainder of the money paid into the Local Government Tax Fund | ||||||
| 8 | from such sales shall be distributed to counties. Each county | ||||||
| 9 | shall receive the amount attributable to sales for which | ||||||
| 10 | Illinois addresses for titling or registration purposes are | ||||||
| 11 | given as being located in the unincorporated area of such | ||||||
| 12 | county. | ||||||
| 13 | A portion of the money paid into the Local Government Tax | ||||||
| 14 | Fund from the 6.25% general rate (and, beginning July 1, 2000 | ||||||
| 15 | and through December 31, 2000, the 1.25% rate on motor fuel and | ||||||
| 16 | gasohol, and beginning on August 6, 2010 through August 15, | ||||||
| 17 | 2010, and beginning again on August 5, 2022 through August 14, | ||||||
| 18 | 2022, the 1.25% rate on sales tax holiday items) on sales | ||||||
| 19 | subject to taxation under the Retailers' Occupation Tax Act | ||||||
| 20 | and the Service Occupation Tax Act, which occurred in | ||||||
| 21 | municipalities, shall be distributed to each municipality, | ||||||
| 22 | based upon the sales which occurred in that municipality. The | ||||||
| 23 | remainder shall be distributed to each county, based upon the | ||||||
| 24 | sales which occurred in the unincorporated area of such | ||||||
| 25 | county. | ||||||
| 26 | For the purpose of determining allocation to the local | ||||||
| |||||||
| |||||||
| 1 | government unit, a retail sale by a producer of coal or other | ||||||
| 2 | mineral mined in Illinois is a sale at retail at the place | ||||||
| 3 | where the coal or other mineral mined in Illinois is extracted | ||||||
| 4 | from the earth. This paragraph does not apply to coal or other | ||||||
| 5 | mineral when it is delivered or shipped by the seller to the | ||||||
| 6 | purchaser at a point outside Illinois so that the sale is | ||||||
| 7 | exempt under the United States Constitution as a sale in | ||||||
| 8 | interstate or foreign commerce. | ||||||
| 9 | Whenever the Department determines that a refund of money | ||||||
| 10 | paid into the Local Government Tax Fund should be made to a | ||||||
| 11 | claimant instead of issuing a credit memorandum, the | ||||||
| 12 | Department shall notify the State Comptroller, who shall cause | ||||||
| 13 | the order to be drawn for the amount specified, and to the | ||||||
| 14 | person named, in such notification from the Department. Such | ||||||
| 15 | refund shall be paid by the State Treasurer out of the Local | ||||||
| 16 | Government Tax Fund. | ||||||
| 17 | As soon as possible after the first day of each month, | ||||||
| 18 | beginning January 1, 2011, upon certification of the | ||||||
| 19 | Department of Revenue, the Comptroller shall order | ||||||
| 20 | transferred, and the Treasurer shall transfer, to the STAR | ||||||
| 21 | Bonds Revenue Fund the local sales tax increment, as defined | ||||||
| 22 | in the Innovation Development and Economy Act, collected | ||||||
| 23 | during the second preceding calendar month for sales within a | ||||||
| 24 | STAR bond district and deposited into the Local Government Tax | ||||||
| 25 | Fund, less 3% of that amount, which shall be transferred into | ||||||
| 26 | the Tax Compliance and Administration Fund and shall be used | ||||||
| |||||||
| |||||||
| 1 | by the Department, subject to appropriation, to cover the | ||||||
| 2 | costs of the Department in administering the Innovation | ||||||
| 3 | Development and Economy Act. | ||||||
| 4 | Upon certification of the Department of Revenue as | ||||||
| 5 | provided in the Capital Area Tourism Authority Act, the | ||||||
| 6 | Comptroller shall order transferred, and the Treasurer shall | ||||||
| 7 | transfer, to the Capital Area Tourism Bond Revenue Fund the | ||||||
| 8 | local sales tax contribution, as applicable and as defined in | ||||||
| 9 | the Capital Area Tourism Authority Act, collected during the | ||||||
| 10 | second preceding calendar month for sales within the Capital | ||||||
| 11 | Area Tourism District and deposited into the Local Government | ||||||
| 12 | Tax Fund, less 3% of that amount, which shall be transferred | ||||||
| 13 | into the Tax Compliance and Administration Fund and shall be | ||||||
| 14 | used by the Department, subject to appropriation, to cover the | ||||||
| 15 | costs of the Department in administering the Capital Area | ||||||
| 16 | Tourism Authority Act. | ||||||
| 17 | After the monthly transfers transfer to the STAR Bonds | ||||||
| 18 | Revenue Fund and the Capital Area Tourism Bond Revenue Fund, | ||||||
| 19 | on or before the 25th day of each calendar month, the | ||||||
| 20 | Department shall prepare and certify to the Comptroller the | ||||||
| 21 | disbursement of stated sums of money to named municipalities | ||||||
| 22 | and counties, the municipalities and counties to be those | ||||||
| 23 | entitled to distribution of taxes or penalties paid to the | ||||||
| 24 | Department during the second preceding calendar month. The | ||||||
| 25 | amount to be paid to each municipality or county shall be the | ||||||
| 26 | amount (not including credit memoranda) collected during the | ||||||
| |||||||
| |||||||
| 1 | second preceding calendar month by the Department and paid | ||||||
| 2 | into the Local Government Tax Fund, plus an amount the | ||||||
| 3 | Department determines is necessary to offset any amounts which | ||||||
| 4 | were erroneously paid to a different taxing body, and not | ||||||
| 5 | including an amount equal to the amount of refunds made during | ||||||
| 6 | the second preceding calendar month by the Department, and not | ||||||
| 7 | including any amount which the Department determines is | ||||||
| 8 | necessary to offset any amounts which are payable to a | ||||||
| 9 | different taxing body but were erroneously paid to the | ||||||
| 10 | municipality or county, and not including any amounts that are | ||||||
| 11 | transferred to the STAR Bonds Revenue Fund. Within 10 days | ||||||
| 12 | after receipt, by the Comptroller, of the disbursement | ||||||
| 13 | certification to the municipalities and counties, provided for | ||||||
| 14 | in this Section to be given to the Comptroller by the | ||||||
| 15 | Department, the Comptroller shall cause the orders to be drawn | ||||||
| 16 | for the respective amounts in accordance with the directions | ||||||
| 17 | contained in such certification. | ||||||
| 18 | When certifying the amount of monthly disbursement to a | ||||||
| 19 | municipality or county under this Section, the Department | ||||||
| 20 | shall increase or decrease that amount by an amount necessary | ||||||
| 21 | to offset any misallocation of previous disbursements. The | ||||||
| 22 | offset amount shall be the amount erroneously disbursed within | ||||||
| 23 | the 6 months preceding the time a misallocation is discovered. | ||||||
| 24 | The provisions directing the distributions from the | ||||||
| 25 | special fund in the State treasury provided for in this | ||||||
| 26 | Section shall constitute an irrevocable and continuing | ||||||
| |||||||
| |||||||
| 1 | appropriation of all amounts as provided herein. The State | ||||||
| 2 | Treasurer and State Comptroller are hereby authorized to make | ||||||
| 3 | distributions as provided in this Section. | ||||||
| 4 | In construing any development, redevelopment, annexation, | ||||||
| 5 | preannexation, or other lawful agreement in effect prior to | ||||||
| 6 | September 1, 1990, which describes or refers to receipts from | ||||||
| 7 | a county or municipal retailers' occupation tax, use tax or | ||||||
| 8 | service occupation tax which now cannot be imposed, such | ||||||
| 9 | description or reference shall be deemed to include the | ||||||
| 10 | replacement revenue for such abolished taxes, distributed from | ||||||
| 11 | the Local Government Tax Fund. | ||||||
| 12 | As soon as possible after March 8, 2013 (the effective | ||||||
| 13 | date of Public Act 98-3), the State Comptroller shall order | ||||||
| 14 | and the State Treasurer shall transfer $6,600,000 from the | ||||||
| 15 | Local Government Tax Fund to the Illinois State Medical | ||||||
| 16 | Disciplinary Fund. | ||||||
| 17 | (Source: P.A. 102-700, Article 60, Section 60-10, eff. | ||||||
| 18 | 4-19-22; 102-700, Article 65, Section 65-15, eff. 4-19-22; | ||||||
| 19 | 103-154, eff. 6-30-23.) | ||||||
| 20 | (30 ILCS 105/6z-20) (from Ch. 127, par. 142z-20) | ||||||
| 21 | (Text of Section before amendment by P.A. 104-457) | ||||||
| 22 | Sec. 6z-20. County and Mass Transit District Fund. Of the | ||||||
| 23 | money received from the 6.25% general rate (and, beginning | ||||||
| 24 | July 1, 2000 and through December 31, 2000, the 1.25% rate on | ||||||
| 25 | motor fuel and gasohol, and beginning on August 6, 2010 | ||||||
| |||||||
| |||||||
| 1 | through August 15, 2010, and beginning again on August 5, 2022 | ||||||
| 2 | through August 14, 2022, the 1.25% rate on sales tax holiday | ||||||
| 3 | items) on sales subject to taxation under the Retailers' | ||||||
| 4 | Occupation Tax Act and Service Occupation Tax Act and paid | ||||||
| 5 | into the County and Mass Transit District Fund, distribution | ||||||
| 6 | to the Regional Transportation Authority tax fund, created | ||||||
| 7 | pursuant to Section 4.03 of the Regional Transportation | ||||||
| 8 | Authority Act, for deposit therein shall be made based upon | ||||||
| 9 | the retail sales occurring in a county having more than | ||||||
| 10 | 3,000,000 inhabitants. The remainder shall be distributed to | ||||||
| 11 | each county having 3,000,000 or fewer inhabitants based upon | ||||||
| 12 | the retail sales occurring in each such county. | ||||||
| 13 | For the purpose of determining allocation to the local | ||||||
| 14 | government unit, a retail sale by a producer of coal or other | ||||||
| 15 | mineral mined in Illinois is a sale at retail at the place | ||||||
| 16 | where the coal or other mineral mined in Illinois is extracted | ||||||
| 17 | from the earth. This paragraph does not apply to coal or other | ||||||
| 18 | mineral when it is delivered or shipped by the seller to the | ||||||
| 19 | purchaser at a point outside Illinois so that the sale is | ||||||
| 20 | exempt under the United States Constitution as a sale in | ||||||
| 21 | interstate or foreign commerce. | ||||||
| 22 | Of the money received from the 6.25% general use tax rate | ||||||
| 23 | on tangible personal property which is purchased outside | ||||||
| 24 | Illinois at retail from a retailer and which is titled or | ||||||
| 25 | registered by any agency of this State's government and paid | ||||||
| 26 | into the County and Mass Transit District Fund, the amount for | ||||||
| |||||||
| |||||||
| 1 | which Illinois addresses for titling or registration purposes | ||||||
| 2 | are given as being in each county having more than 3,000,000 | ||||||
| 3 | inhabitants shall be distributed into the Regional | ||||||
| 4 | Transportation Authority tax fund, created pursuant to Section | ||||||
| 5 | 4.03 of the Regional Transportation Authority Act. The | ||||||
| 6 | remainder of the money paid from such sales shall be | ||||||
| 7 | distributed to each county based on sales for which Illinois | ||||||
| 8 | addresses for titling or registration purposes are given as | ||||||
| 9 | being located in the county. Any money paid into the Regional | ||||||
| 10 | Transportation Authority Occupation and Use Tax Replacement | ||||||
| 11 | Fund from the County and Mass Transit District Fund prior to | ||||||
| 12 | January 14, 1991, which has not been paid to the Authority | ||||||
| 13 | prior to that date, shall be transferred to the Regional | ||||||
| 14 | Transportation Authority tax fund. | ||||||
| 15 | Whenever the Department determines that a refund of money | ||||||
| 16 | paid into the County and Mass Transit District Fund should be | ||||||
| 17 | made to a claimant instead of issuing a credit memorandum, the | ||||||
| 18 | Department shall notify the State Comptroller, who shall cause | ||||||
| 19 | the order to be drawn for the amount specified, and to the | ||||||
| 20 | person named, in such notification from the Department. Such | ||||||
| 21 | refund shall be paid by the State Treasurer out of the County | ||||||
| 22 | and Mass Transit District Fund. | ||||||
| 23 | As soon as possible after the first day of each month, | ||||||
| 24 | beginning January 1, 2011, upon certification of the | ||||||
| 25 | Department of Revenue, the Comptroller shall order | ||||||
| 26 | transferred, and the Treasurer shall transfer, to the STAR | ||||||
| |||||||
| |||||||
| 1 | Bonds Revenue Fund the local sales tax increment, as defined | ||||||
| 2 | in the Innovation Development and Economy Act, collected | ||||||
| 3 | during the second preceding calendar month for sales within a | ||||||
| 4 | STAR bond district and deposited into the County and Mass | ||||||
| 5 | Transit District Fund, less 3% of that amount, which shall be | ||||||
| 6 | transferred into the Tax Compliance and Administration Fund | ||||||
| 7 | and shall be used by the Department, subject to appropriation, | ||||||
| 8 | to cover the costs of the Department in administering the | ||||||
| 9 | Innovation Development and Economy Act. | ||||||
| 10 | Upon certification of the Department of Revenue as | ||||||
| 11 | provided in the Capital Area Tourism Authority Act, the | ||||||
| 12 | Comptroller shall order transferred, and the Treasurer shall | ||||||
| 13 | transfer, to the Capital Area Tourism Bond Revenue Fund the | ||||||
| 14 | local sales tax contribution, as applicable and as defined in | ||||||
| 15 | the Capital Area Tourism Authority Act, collected during the | ||||||
| 16 | second preceding calendar month for sales within the Capital | ||||||
| 17 | Area Tourism District and deposited into the County and Mass | ||||||
| 18 | Transit District Fund, less 3% of that amount, which shall be | ||||||
| 19 | transferred into the Tax Compliance and Administration Fund | ||||||
| 20 | and shall be used by the Department, subject to appropriation, | ||||||
| 21 | to cover the costs of the Department in administering the | ||||||
| 22 | Capital Area Tourism Authority Act. | ||||||
| 23 | After the monthly transfers transfer to the STAR Bonds | ||||||
| 24 | Revenue Fund and the Capital Area Tourism Bond Revenue Fund, | ||||||
| 25 | on or before the 25th day of each calendar month, the | ||||||
| 26 | Department shall prepare and certify to the Comptroller the | ||||||
| |||||||
| |||||||
| 1 | disbursement of stated sums of money to the Regional | ||||||
| 2 | Transportation Authority and to named counties, the counties | ||||||
| 3 | to be those entitled to distribution, as hereinabove provided, | ||||||
| 4 | of taxes or penalties paid to the Department during the second | ||||||
| 5 | preceding calendar month. The amount to be paid to the | ||||||
| 6 | Regional Transportation Authority and each county having | ||||||
| 7 | 3,000,000 or fewer inhabitants shall be the amount (not | ||||||
| 8 | including credit memoranda) collected during the second | ||||||
| 9 | preceding calendar month by the Department and paid into the | ||||||
| 10 | County and Mass Transit District Fund, plus an amount the | ||||||
| 11 | Department determines is necessary to offset any amounts which | ||||||
| 12 | were erroneously paid to a different taxing body, and not | ||||||
| 13 | including an amount equal to the amount of refunds made during | ||||||
| 14 | the second preceding calendar month by the Department, and not | ||||||
| 15 | including any amount which the Department determines is | ||||||
| 16 | necessary to offset any amounts which were payable to a | ||||||
| 17 | different taxing body but were erroneously paid to the | ||||||
| 18 | Regional Transportation Authority or county, and not including | ||||||
| 19 | any amounts that are transferred to the STAR Bonds Revenue | ||||||
| 20 | Fund, less 1.5% of the amount to be paid to the Regional | ||||||
| 21 | Transportation Authority, which shall be transferred into the | ||||||
| 22 | Tax Compliance and Administration Fund. The Department, at the | ||||||
| 23 | time of each monthly disbursement to the Regional | ||||||
| 24 | Transportation Authority, shall prepare and certify to the | ||||||
| 25 | State Comptroller the amount to be transferred into the Tax | ||||||
| 26 | Compliance and Administration Fund under this Section. Within | ||||||
| |||||||
| |||||||
| 1 | 10 days after receipt, by the Comptroller, of the disbursement | ||||||
| 2 | certification to the Regional Transportation Authority, | ||||||
| 3 | counties, and the Tax Compliance and Administration Fund | ||||||
| 4 | provided for in this Section to be given to the Comptroller by | ||||||
| 5 | the Department, the Comptroller shall cause the orders to be | ||||||
| 6 | drawn for the respective amounts in accordance with the | ||||||
| 7 | directions contained in such certification. | ||||||
| 8 | When certifying the amount of a monthly disbursement to | ||||||
| 9 | the Regional Transportation Authority or to a county under | ||||||
| 10 | this Section, the Department shall increase or decrease that | ||||||
| 11 | amount by an amount necessary to offset any misallocation of | ||||||
| 12 | previous disbursements. The offset amount shall be the amount | ||||||
| 13 | erroneously disbursed within the 6 months preceding the time a | ||||||
| 14 | misallocation is discovered. | ||||||
| 15 | The provisions directing the distributions from the | ||||||
| 16 | special fund in the State Treasury provided for in this | ||||||
| 17 | Section and from the Regional Transportation Authority tax | ||||||
| 18 | fund created by Section 4.03 of the Regional Transportation | ||||||
| 19 | Authority Act shall constitute an irrevocable and continuing | ||||||
| 20 | appropriation of all amounts as provided herein. The State | ||||||
| 21 | Treasurer and State Comptroller are hereby authorized to make | ||||||
| 22 | distributions as provided in this Section. | ||||||
| 23 | In construing any development, redevelopment, annexation, | ||||||
| 24 | preannexation or other lawful agreement in effect prior to | ||||||
| 25 | September 1, 1990, which describes or refers to receipts from | ||||||
| 26 | a county or municipal retailers' occupation tax, use tax or | ||||||
| |||||||
| |||||||
| 1 | service occupation tax which now cannot be imposed, such | ||||||
| 2 | description or reference shall be deemed to include the | ||||||
| 3 | replacement revenue for such abolished taxes, distributed from | ||||||
| 4 | the County and Mass Transit District Fund or Local Government | ||||||
| 5 | Distributive Fund, as the case may be. | ||||||
| 6 | (Source: P.A. 102-700, eff. 4-19-22.) | ||||||
| 7 | (Text of Section after amendment by P.A. 104-457) | ||||||
| 8 | Sec. 6z-20. County and Mass Transit District Fund. Of the | ||||||
| 9 | money received from the 6.25% general rate (and, beginning | ||||||
| 10 | July 1, 2000 and through December 31, 2000, the 1.25% rate on | ||||||
| 11 | motor fuel and gasohol, and beginning on August 6, 2010 | ||||||
| 12 | through August 15, 2010, and beginning again on August 5, 2022 | ||||||
| 13 | through August 14, 2022, the 1.25% rate on sales tax holiday | ||||||
| 14 | items) on sales subject to taxation under the Retailers' | ||||||
| 15 | Occupation Tax Act and Service Occupation Tax Act and paid | ||||||
| 16 | into the County and Mass Transit District Fund, distribution | ||||||
| 17 | to the Northern Illinois Transit Authority tax fund, created | ||||||
| 18 | pursuant to Section 4.03 of the Northern Illinois Transit | ||||||
| 19 | Authority Act, for deposit therein shall be made based upon | ||||||
| 20 | the retail sales occurring in a county having more than | ||||||
| 21 | 3,000,000 inhabitants. The remainder shall be distributed to | ||||||
| 22 | each county having 3,000,000 or fewer inhabitants based upon | ||||||
| 23 | the retail sales occurring in each such county. | ||||||
| 24 | For the purpose of determining allocation to the local | ||||||
| 25 | government unit, a retail sale by a producer of coal or other | ||||||
| |||||||
| |||||||
| 1 | mineral mined in Illinois is a sale at retail at the place | ||||||
| 2 | where the coal or other mineral mined in Illinois is extracted | ||||||
| 3 | from the earth. This paragraph does not apply to coal or other | ||||||
| 4 | mineral when it is delivered or shipped by the seller to the | ||||||
| 5 | purchaser at a point outside Illinois so that the sale is | ||||||
| 6 | exempt under the United States Constitution as a sale in | ||||||
| 7 | interstate or foreign commerce. | ||||||
| 8 | Of the money received from the 6.25% general use tax rate | ||||||
| 9 | on tangible personal property which is purchased outside | ||||||
| 10 | Illinois at retail from a retailer and which is titled or | ||||||
| 11 | registered by any agency of this State's government and paid | ||||||
| 12 | into the County and Mass Transit District Fund, the amount for | ||||||
| 13 | which Illinois addresses for titling or registration purposes | ||||||
| 14 | are given as being in each county having more than 3,000,000 | ||||||
| 15 | inhabitants shall be distributed into the Northern Illinois | ||||||
| 16 | Transit Authority tax fund, created pursuant to Section 4.03 | ||||||
| 17 | of the Northern Illinois Transit Authority Act. The remainder | ||||||
| 18 | of the money paid from such sales shall be distributed to each | ||||||
| 19 | county based on sales for which Illinois addresses for titling | ||||||
| 20 | or registration purposes are given as being located in the | ||||||
| 21 | county. Any money paid into the Northern Illinois Transit | ||||||
| 22 | Authority Occupation and Use Tax Replacement Fund from the | ||||||
| 23 | County and Mass Transit District Fund prior to January 14, | ||||||
| 24 | 1991, which has not been paid to the Authority prior to that | ||||||
| 25 | date, shall be transferred to the Northern Illinois Transit | ||||||
| 26 | Authority tax fund. | ||||||
| |||||||
| |||||||
| 1 | Whenever the Department determines that a refund of money | ||||||
| 2 | paid into the County and Mass Transit District Fund should be | ||||||
| 3 | made to a claimant instead of issuing a credit memorandum, the | ||||||
| 4 | Department shall notify the State Comptroller, who shall cause | ||||||
| 5 | the order to be drawn for the amount specified, and to the | ||||||
| 6 | person named, in such notification from the Department. Such | ||||||
| 7 | refund shall be paid by the State Treasurer out of the County | ||||||
| 8 | and Mass Transit District Fund. | ||||||
| 9 | As soon as possible after the first day of each month, | ||||||
| 10 | beginning January 1, 2011, upon certification of the | ||||||
| 11 | Department of Revenue, the Comptroller shall order | ||||||
| 12 | transferred, and the Treasurer shall transfer, to the STAR | ||||||
| 13 | Bonds Revenue Fund the local sales tax increment, as defined | ||||||
| 14 | in the Innovation Development and Economy Act, collected | ||||||
| 15 | during the second preceding calendar month for sales within a | ||||||
| 16 | STAR bond district and deposited into the County and Mass | ||||||
| 17 | Transit District Fund, less 3% of that amount, which shall be | ||||||
| 18 | transferred into the Tax Compliance and Administration Fund | ||||||
| 19 | and shall be used by the Department, subject to appropriation, | ||||||
| 20 | to cover the costs of the Department in administering the | ||||||
| 21 | Innovation Development and Economy Act. | ||||||
| 22 | Upon certification of the Department of Revenue as | ||||||
| 23 | provided in the Capital Area Tourism Authority Act, the | ||||||
| 24 | Comptroller shall order transferred, and the Treasurer shall | ||||||
| 25 | transfer, to the Capital Area Tourism Bond Revenue Fund the | ||||||
| 26 | local sales tax contribution, as applicable and as defined in | ||||||
| |||||||
| |||||||
| 1 | the Capital Area Tourism Authority Act, collected during the | ||||||
| 2 | second preceding calendar month for sales within the Capital | ||||||
| 3 | Area Tourism District and deposited into the County and Mass | ||||||
| 4 | Transit District Fund, less 3% of that amount, which shall be | ||||||
| 5 | transferred into the Tax Compliance and Administration Fund | ||||||
| 6 | and shall be used by the Department, subject to appropriation, | ||||||
| 7 | to cover the costs of the Department in administering the | ||||||
| 8 | Capital Area Tourism Authority Act. | ||||||
| 9 | After the monthly transfers transfer to the STAR Bonds | ||||||
| 10 | Revenue Fund and the Capital Area Tourism Bond Revenue Fund, | ||||||
| 11 | on or before the 25th day of each calendar month, the | ||||||
| 12 | Department shall prepare and certify to the Comptroller the | ||||||
| 13 | disbursement of stated sums of money to the Northern Illinois | ||||||
| 14 | Transit Authority and to named counties, the counties to be | ||||||
| 15 | those entitled to distribution, as hereinabove provided, of | ||||||
| 16 | taxes or penalties paid to the Department during the second | ||||||
| 17 | preceding calendar month. The amount to be paid to the | ||||||
| 18 | Northern Illinois Transit Authority and each county having | ||||||
| 19 | 3,000,000 or fewer inhabitants shall be the amount (not | ||||||
| 20 | including credit memoranda) collected during the second | ||||||
| 21 | preceding calendar month by the Department and paid into the | ||||||
| 22 | County and Mass Transit District Fund, plus an amount the | ||||||
| 23 | Department determines is necessary to offset any amounts which | ||||||
| 24 | were erroneously paid to a different taxing body, and not | ||||||
| 25 | including an amount equal to the amount of refunds made during | ||||||
| 26 | the second preceding calendar month by the Department, and not | ||||||
| |||||||
| |||||||
| 1 | including any amount which the Department determines is | ||||||
| 2 | necessary to offset any amounts which were payable to a | ||||||
| 3 | different taxing body but were erroneously paid to the | ||||||
| 4 | Northern Illinois Transit Authority or county, and not | ||||||
| 5 | including any amounts that are transferred to the STAR Bonds | ||||||
| 6 | Revenue Fund, less 1.5% of the amount to be paid to the | ||||||
| 7 | Northern Illinois Transit Authority, which shall be | ||||||
| 8 | transferred into the Tax Compliance and Administration Fund. | ||||||
| 9 | The Department, at the time of each monthly disbursement to | ||||||
| 10 | the Northern Illinois Transit Authority, shall prepare and | ||||||
| 11 | certify to the State Comptroller the amount to be transferred | ||||||
| 12 | into the Tax Compliance and Administration Fund under this | ||||||
| 13 | Section. Within 10 days after receipt, by the Comptroller, of | ||||||
| 14 | the disbursement certification to the Northern Illinois | ||||||
| 15 | Transit Authority, counties, and the Tax Compliance and | ||||||
| 16 | Administration Fund provided for in this Section to be given | ||||||
| 17 | to the Comptroller by the Department, the Comptroller shall | ||||||
| 18 | cause the orders to be drawn for the respective amounts in | ||||||
| 19 | accordance with the directions contained in such | ||||||
| 20 | certification. | ||||||
| 21 | When certifying the amount of a monthly disbursement to | ||||||
| 22 | the Northern Illinois Transit Authority or to a county under | ||||||
| 23 | this Section, the Department shall increase or decrease that | ||||||
| 24 | amount by an amount necessary to offset any misallocation of | ||||||
| 25 | previous disbursements. The offset amount shall be the amount | ||||||
| 26 | erroneously disbursed within the 6 months preceding the time a | ||||||
| |||||||
| |||||||
| 1 | misallocation is discovered. | ||||||
| 2 | The provisions directing the distributions from the | ||||||
| 3 | special fund in the State treasury provided for in this | ||||||
| 4 | Section and from the Northern Illinois Transit Authority tax | ||||||
| 5 | fund created by Section 4.03 of the Northern Illinois Transit | ||||||
| 6 | Authority Act shall constitute an irrevocable and continuing | ||||||
| 7 | appropriation of all amounts as provided herein. The State | ||||||
| 8 | Treasurer and State Comptroller are hereby authorized to make | ||||||
| 9 | distributions as provided in this Section. | ||||||
| 10 | In construing any development, redevelopment, annexation, | ||||||
| 11 | preannexation or other lawful agreement in effect prior to | ||||||
| 12 | September 1, 1990, which describes or refers to receipts from | ||||||
| 13 | a county or municipal retailers' occupation tax, use tax or | ||||||
| 14 | service occupation tax which now cannot be imposed, such | ||||||
| 15 | description or reference shall be deemed to include the | ||||||
| 16 | replacement revenue for such abolished taxes, distributed from | ||||||
| 17 | the County and Mass Transit District Fund or Local Government | ||||||
| 18 | Distributive Fund, as the case may be. | ||||||
| 19 | (Source: P.A. 104-457, eff. 6-1-26.) | ||||||
| 20 | Section 5-905. The Property Tax Code is amended by adding | ||||||
| 21 | Section 15-63 as follows: | ||||||
| 22 | (35 ILCS 200/15-63 new) | ||||||
| 23 | Sec. 15-63. Capital Area Tourism Authority. Property of | ||||||
| 24 | the Capital Area Tourism Authority is exempt. | ||||||
| |||||||
| |||||||
| 1 | Section 5-910. The Counties Code is amended by changing | ||||||
| 2 | Sections 5-1006.9 and 5-1030 as follows: | ||||||
| 3 | (55 ILCS 5/5-1006.9) | ||||||
| 4 | Sec. 5-1006.9. County Grocery Occupation Tax Law. | ||||||
| 5 | (a) The corporate authorities of any county may, by | ||||||
| 6 | ordinance or resolution that takes effect on or after January | ||||||
| 7 | 1, 2026, impose a tax upon all persons engaged in the business | ||||||
| 8 | of selling groceries at retail in the county, but outside of | ||||||
| 9 | any municipality, on the gross receipts from those sales made | ||||||
| 10 | in the course of that business. If imposed, the tax shall be at | ||||||
| 11 | the rate of 1% of the gross receipts from these sales. | ||||||
| 12 | The tax imposed by a county under this subsection and all | ||||||
| 13 | civil penalties that may be assessed as an incident of the tax | ||||||
| 14 | shall be collected and enforced by the Department. The | ||||||
| 15 | certificate of registration that is issued by the Department | ||||||
| 16 | to a retailer under the Retailers' Occupation Tax Act shall | ||||||
| 17 | permit the retailer to engage in a business that is taxable | ||||||
| 18 | under any ordinance or resolution enacted under this | ||||||
| 19 | subsection without registering separately with the Department | ||||||
| 20 | under that ordinance or resolution or under this subsection. | ||||||
| 21 | The Department shall have full power to administer and | ||||||
| 22 | enforce this subsection; to collect all taxes and penalties | ||||||
| 23 | due under this subsection; to dispose of taxes and penalties | ||||||
| 24 | so collected in the manner provided in this Section and under | ||||||
| |||||||
| |||||||
| 1 | rules adopted by the Department; and to determine all rights | ||||||
| 2 | to credit memoranda arising on account of the erroneous | ||||||
| 3 | payment of tax or penalty under this subsection. | ||||||
| 4 | In the administration of, and compliance with, this | ||||||
| 5 | subsection, the Department and persons who are subject to this | ||||||
| 6 | subsection shall have the same rights, remedies, privileges, | ||||||
| 7 | immunities, powers, and duties, and be subject to the same | ||||||
| 8 | conditions, restrictions, limitations, penalties and | ||||||
| 9 | definitions of terms, and employ the same modes of procedure, | ||||||
| 10 | as are prescribed in Sections 1, 2 through 2-65 (in respect to | ||||||
| 11 | all provisions therein other than the State rate of tax and | ||||||
| 12 | other than the exemption for food for human consumption that | ||||||
| 13 | is to be consumed off the premises where it is sold (other than | ||||||
| 14 | alcoholic beverages, food consisting of or infused with adult | ||||||
| 15 | use cannabis, soft drinks, candy, and food that has been | ||||||
| 16 | prepared for immediate consumption), which is authorized to be | ||||||
| 17 | taxed as provided in this subsection), 2c, 3 (except as to the | ||||||
| 18 | disposition of taxes and penalties collected), 4, 5, 5a, 5b, | ||||||
| 19 | 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, | ||||||
| 20 | 11a, 12 and 13 of the Retailers' Occupation Tax Act and all of | ||||||
| 21 | the Uniform Penalty and Interest Act, as fully as if those | ||||||
| 22 | provisions were set forth in this Section. | ||||||
| 23 | Persons subject to any tax imposed under the authority | ||||||
| 24 | granted in this subsection may reimburse themselves for their | ||||||
| 25 | seller's tax liability hereunder by separately stating that | ||||||
| 26 | tax as an additional charge, which charge may be stated in | ||||||
| |||||||
| |||||||
| 1 | combination, in a single amount, with State tax that sellers | ||||||
| 2 | are required to collect under the Use Tax Act, pursuant to such | ||||||
| 3 | bracket schedules as the Department may prescribe. | ||||||
| 4 | (b) If a tax has been imposed under subsection (a), then a | ||||||
| 5 | service occupation tax must also be imposed at the same rate | ||||||
| 6 | upon all persons engaged, in the county but outside of a | ||||||
| 7 | municipality, in the business of making sales of service, who, | ||||||
| 8 | as an incident to making those sales of service, transfer | ||||||
| 9 | groceries, as defined in this Section, as an incident to a sale | ||||||
| 10 | of service. | ||||||
| 11 | The tax imposed under this subsection and all civil | ||||||
| 12 | penalties that may be assessed as an incident thereof shall be | ||||||
| 13 | collected and enforced by the Department. The certificate of | ||||||
| 14 | registration that is issued by the Department to a retailer | ||||||
| 15 | under the Retailers' Occupation Tax Act or the Service | ||||||
| 16 | Occupation Tax Act shall permit the registrant to engage in a | ||||||
| 17 | business that is taxable under any ordinance or resolution | ||||||
| 18 | enacted pursuant to this subsection without registering | ||||||
| 19 | separately with the Department under the ordinance or | ||||||
| 20 | resolution or under this subsection. | ||||||
| 21 | The Department shall have full power to administer and | ||||||
| 22 | enforce this subsection, to collect all taxes and penalties | ||||||
| 23 | due under this subsection, to dispose of taxes and penalties | ||||||
| 24 | so collected in the manner provided in this Section and under | ||||||
| 25 | rules adopted by the Department, and to determine all rights | ||||||
| 26 | to credit memoranda arising on account of the erroneous | ||||||
| |||||||
| |||||||
| 1 | payment of a tax or penalty under this subsection. | ||||||
| 2 | In the administration of and compliance with this | ||||||
| 3 | subsection, the Department and persons who are subject to this | ||||||
| 4 | subsection shall have the same rights, remedies, privileges, | ||||||
| 5 | immunities, powers and duties, and be subject to the same | ||||||
| 6 | conditions, restrictions, limitations, penalties and | ||||||
| 7 | definitions of terms, and employ the same modes of procedure | ||||||
| 8 | as are set forth in Sections 2, 2c, 3 through 3-50 (in respect | ||||||
| 9 | to all provisions contained in those Sections other than: (i) | ||||||
| 10 | the State rate of tax; (ii) the exemption for food for human | ||||||
| 11 | consumption that is to be consumed off the premises where it is | ||||||
| 12 | sold (other than alcoholic beverages, food consisting of or | ||||||
| 13 | infused with adult use cannabis, soft drinks, candy, and food | ||||||
| 14 | that has been prepared for immediate consumption), which is | ||||||
| 15 | authorized to be taxed as provided in this subsection; and | ||||||
| 16 | (iii) the exemption for food prepared for immediate | ||||||
| 17 | consumption and transferred incident to a sale of service | ||||||
| 18 | subject to the Service Occupation Tax Act or the Service Use | ||||||
| 19 | Tax Act by an entity licensed under the Hospital Licensing | ||||||
| 20 | Act, the Nursing Home Care Act, the Assisted Living and Shared | ||||||
| 21 | Housing Act, the ID/DD Community Care Act, the MC/DD Act, the | ||||||
| 22 | Specialized Mental Health Rehabilitation Act of 2013, or the | ||||||
| 23 | Child Care Act of 1969, or an entity that holds a permit issued | ||||||
| 24 | pursuant to the Life Care Facilities Act, which is authorized | ||||||
| 25 | to be taxed as provided in this subsection), 4, 5, 7, 8, 9 | ||||||
| 26 | (except as to the disposition of taxes and penalties | ||||||
| |||||||
| |||||||
| 1 | collected), 10, 11, 12, 13, 15, 16, 17, 18, 19, and 20 of the | ||||||
| 2 | Service Occupation Tax Act and all provisions of the Uniform | ||||||
| 3 | Penalty and Interest Act, as fully as if those provisions were | ||||||
| 4 | set forth in this Section. | ||||||
| 5 | Persons subject to any tax imposed under the authority | ||||||
| 6 | granted in this subsection may reimburse themselves for their | ||||||
| 7 | serviceman's tax liability by separately stating the tax as an | ||||||
| 8 | additional charge, which may be stated in combination, in a | ||||||
| 9 | single amount, with State tax that servicemen are authorized | ||||||
| 10 | to collect under the Service Use Tax Act, pursuant to any | ||||||
| 11 | bracketed schedules set forth by the Department. | ||||||
| 12 | (c) The Department shall immediately pay over to the State | ||||||
| 13 | Treasurer, ex officio, as trustee, all taxes and penalties | ||||||
| 14 | collected under this Section. Those taxes and penalties shall | ||||||
| 15 | be deposited into the County Grocery Tax Trust Fund, a trust | ||||||
| 16 | fund created in the State treasury. Except as otherwise | ||||||
| 17 | provided in this Section, moneys in the County Grocery Tax | ||||||
| 18 | Trust Fund shall be used to make payments to counties and for | ||||||
| 19 | the payment of refunds under this Section. | ||||||
| 20 | Moneys deposited into the County Grocery Tax Trust Fund | ||||||
| 21 | under this Section are not subject to appropriation and shall | ||||||
| 22 | be used as provided in this Section. All deposits into the | ||||||
| 23 | County Grocery Tax Trust Fund shall be held in the County | ||||||
| 24 | Grocery Tax Trust Fund by the State Treasurer, ex officio, as | ||||||
| 25 | trustee separate and apart from all public moneys or funds of | ||||||
| 26 | this State. | ||||||
| |||||||
| |||||||
| 1 | Whenever the Department determines that a refund should be | ||||||
| 2 | made under this Section to a claimant instead of issuing a | ||||||
| 3 | credit memorandum, the Department shall notify the State | ||||||
| 4 | Comptroller, who shall cause the order to be drawn for the | ||||||
| 5 | amount specified and to the person named in the notification | ||||||
| 6 | from the Department. The refund shall be paid by the State | ||||||
| 7 | Treasurer out of the County Grocery Tax Trust Fund. | ||||||
| 8 | (d) As soon as possible after the first day of each month, | ||||||
| 9 | upon certification of the Department, the Comptroller shall | ||||||
| 10 | order transferred, and the Treasurer shall transfer, to the | ||||||
| 11 | STAR Bonds Revenue Fund the local sales tax increment, if any, | ||||||
| 12 | as defined in the Innovation Development and Economy Act, | ||||||
| 13 | collected under this Section. | ||||||
| 14 | Upon certification of the Department of Revenue as | ||||||
| 15 | provided in the Capital Area Tourism Authority Act, the | ||||||
| 16 | Comptroller shall order transferred, and the Treasurer shall | ||||||
| 17 | transfer, to the Capital Area Tourism Bond Revenue Fund the | ||||||
| 18 | local sales tax contribution, as applicable and as defined in | ||||||
| 19 | the Capital Area Tourism Authority Act, collected under this | ||||||
| 20 | Section. | ||||||
| 21 | After the monthly transfers transfer to the STAR Bonds | ||||||
| 22 | Revenue Fund and the Capital Area Tourism Bond Revenue Fund, | ||||||
| 23 | if any, on or before the 25th day of each calendar month, the | ||||||
| 24 | Department shall prepare and certify to the Comptroller the | ||||||
| 25 | disbursement of stated sums of money to named counties, the | ||||||
| 26 | counties to be those from which retailers have paid taxes or | ||||||
| |||||||
| |||||||
| 1 | penalties under this Section to the Department during the | ||||||
| 2 | second preceding calendar month. The amount to be paid to each | ||||||
| 3 | county shall be the amount (not including credit memoranda) | ||||||
| 4 | collected under this Section during the second preceding | ||||||
| 5 | calendar month by the Department plus an amount the Department | ||||||
| 6 | determines is necessary to offset any amounts that were | ||||||
| 7 | erroneously paid to a different taxing body, and not including | ||||||
| 8 | an amount equal to the amount of refunds made during the second | ||||||
| 9 | preceding calendar month by the Department on behalf of such | ||||||
| 10 | county, and not including any amount that the Department | ||||||
| 11 | determines is necessary to offset any amounts that were | ||||||
| 12 | payable to a different taxing body but were erroneously paid | ||||||
| 13 | to the county, and not including any amounts that are | ||||||
| 14 | transferred to the STAR Bonds Revenue Fund or the Capital Area | ||||||
| 15 | Tourism Bond Revenue Fund. Within 10 days after receipt by the | ||||||
| 16 | Comptroller of the disbursement certification to the counties | ||||||
| 17 | provided for in this Section to be given to the Comptroller by | ||||||
| 18 | the Department, the Comptroller shall cause the orders to be | ||||||
| 19 | drawn for the amounts in accordance with the directions | ||||||
| 20 | contained in the certification. | ||||||
| 21 | (e) Nothing in this Section shall be construed to | ||||||
| 22 | authorize a county to impose a tax upon the privilege of | ||||||
| 23 | engaging in any business which under the Constitution of the | ||||||
| 24 | United States may not be made the subject of taxation by this | ||||||
| 25 | State. | ||||||
| 26 | (f) Except as otherwise provided in this subsection, an | ||||||
| |||||||
| |||||||
| 1 | ordinance or resolution imposing or discontinuing the tax | ||||||
| 2 | hereunder or effecting a change in the rate thereof shall | ||||||
| 3 | either (i) be adopted and a certified copy thereof filed with | ||||||
| 4 | the Department on or before the first day of April, whereupon | ||||||
| 5 | the Department shall proceed to administer and enforce this | ||||||
| 6 | Section as of the first day of July next following the adoption | ||||||
| 7 | and filing, or (ii) be adopted and a certified copy thereof | ||||||
| 8 | filed with the Department on or before the first day of | ||||||
| 9 | October, whereupon the Department shall proceed to administer | ||||||
| 10 | and enforce this Section as of the first day of January next | ||||||
| 11 | following the adoption and filing. | ||||||
| 12 | (g) When certifying the amount of a monthly disbursement | ||||||
| 13 | to a county under this Section, the Department shall increase | ||||||
| 14 | or decrease the amount by an amount necessary to offset any | ||||||
| 15 | misallocation of previous disbursements. The offset amount | ||||||
| 16 | shall be the amount erroneously disbursed within the previous | ||||||
| 17 | 6 months from the time a misallocation is discovered. | ||||||
| 18 | (h) As used in this Section, "Department" means the | ||||||
| 19 | Department of Revenue. | ||||||
| 20 | For purposes of the tax authorized to be imposed under | ||||||
| 21 | subsection (a), "groceries" has the same meaning as "food for | ||||||
| 22 | human consumption that is to be consumed off the premises | ||||||
| 23 | where it is sold (other than alcoholic beverages, food | ||||||
| 24 | consisting of or infused with adult use cannabis, soft drinks, | ||||||
| 25 | candy, and food that has been prepared for immediate | ||||||
| 26 | consumption)", as further defined in Section 2-10 of the | ||||||
| |||||||
| |||||||
| 1 | Retailers' Occupation Tax Act. | ||||||
| 2 | For purposes of the tax authorized to be imposed under | ||||||
| 3 | subsection (b), "groceries" has the same meaning as "food for | ||||||
| 4 | human consumption that is to be consumed off the premises | ||||||
| 5 | where it is sold (other than alcoholic beverages, food | ||||||
| 6 | consisting of or infused with adult use cannabis, soft drinks, | ||||||
| 7 | candy, and food that has been prepared for immediate | ||||||
| 8 | consumption)", as further defined in Section 3-10 of the | ||||||
| 9 | Service Occupation Tax Act. | ||||||
| 10 | For purposes of the tax authorized to be imposed under | ||||||
| 11 | subsection (b), "groceries" also means food prepared for | ||||||
| 12 | immediate consumption and transferred incident to a sale of | ||||||
| 13 | service subject to the Service Occupation Tax Act or the | ||||||
| 14 | Service Use Tax Act by an entity licensed under the Hospital | ||||||
| 15 | Licensing Act, the Nursing Home Care Act, the Assisted Living | ||||||
| 16 | and Shared Housing Act, the ID/DD Community Care Act, the | ||||||
| 17 | MC/DD Act, the Specialized Mental Health Rehabilitation Act of | ||||||
| 18 | 2013, or the Child Care Act of 1969, or an entity that holds a | ||||||
| 19 | permit issued pursuant to the Life Care Facilities Act. | ||||||
| 20 | (i) This Section may be referred to as the County Grocery | ||||||
| 21 | Occupation Tax Law. | ||||||
| 22 | (Source: P.A. 103-781, eff. 8-5-24; 104-6, eff. 1-1-26.) | ||||||
| 23 | (55 ILCS 5/5-1030) (from Ch. 34, par. 5-1030) | ||||||
| 24 | Sec. 5-1030. Hotel rooms, tax on gross rental receipts. | ||||||
| 25 | (a) The corporate authorities of any county may by | ||||||
| |||||||
| |||||||
| 1 | ordinance or resolution impose a tax upon all persons engaged | ||||||
| 2 | in such county in the business of renting, leasing or letting | ||||||
| 3 | rooms in a hotel which is not located within a city, village, | ||||||
| 4 | or incorporated town that imposes a tax under Section 8-3-14 | ||||||
| 5 | of the Illinois Municipal Code, as defined in "The Hotel | ||||||
| 6 | Operators' Occupation Tax Act", at a rate not to exceed 5% of | ||||||
| 7 | the gross rental receipts from such renting, leasing or | ||||||
| 8 | letting, excluding, however, from gross rental receipts, the | ||||||
| 9 | proceeds of such renting, leasing or letting to permanent | ||||||
| 10 | residents of that hotel, and may provide for the | ||||||
| 11 | administration and enforcement of the tax, and for the | ||||||
| 12 | collection thereof from the persons subject to the tax, as the | ||||||
| 13 | corporate authorities determine to be necessary or practicable | ||||||
| 14 | for the effective administration of the tax. | ||||||
| 15 | (b) With the consent of municipalities representing at | ||||||
| 16 | least 67% of the population of Winnebago County, as determined | ||||||
| 17 | by the 2010 federal decennial census and as expressed by | ||||||
| 18 | resolution of the corporate authorities of those | ||||||
| 19 | municipalities, the county board of Winnebago County may, by | ||||||
| 20 | ordinance, impose a tax upon all persons engaged in the county | ||||||
| 21 | in the business of renting, leasing, or letting rooms in a | ||||||
| 22 | hotel that imposes a tax under Section 8-3-14 of the Illinois | ||||||
| 23 | Municipal Code, as defined in the Hotel Operators' Occupation | ||||||
| 24 | Tax Act, at a rate not to exceed 2% of the gross rental | ||||||
| 25 | receipts from renting, leasing, or letting, excluding, | ||||||
| 26 | however, from gross rental receipts, the proceeds of the | ||||||
| |||||||
| |||||||
| 1 | renting, leasing, or letting to permanent residents of that | ||||||
| 2 | hotel, and may provide for the administration and enforcement | ||||||
| 3 | of the tax, and for the collection thereof from the persons | ||||||
| 4 | subject to the tax, as the county board determines to be | ||||||
| 5 | necessary or practicable for the effective administration of | ||||||
| 6 | the tax. The tax shall be instituted on a county-wide basis and | ||||||
| 7 | shall be in addition to any tax imposed by this or any other | ||||||
| 8 | provision of law. The revenue generated under this subsection | ||||||
| 9 | shall be accounted for and segregated from all other funds of | ||||||
| 10 | the county and shall be utilized solely for either: (1) | ||||||
| 11 | encouraging, supporting, marketing, constructing, or | ||||||
| 12 | operating, either directly by the county or through other | ||||||
| 13 | taxing bodies within the county, sports, arts, or other | ||||||
| 14 | entertainment or tourism facilities or programs for the | ||||||
| 15 | purpose of promoting tourism, competitiveness, job growth, and | ||||||
| 16 | for the general health and well-being of the citizens of the | ||||||
| 17 | county; or (2) payment towards debt services on bonds issued | ||||||
| 18 | for the purposes set forth in this subsection. | ||||||
| 19 | (b-5) The county board of Sangamon County may, by | ||||||
| 20 | ordinance or resolution, impose a tax upon all persons engaged | ||||||
| 21 | in the county in the business of renting, leasing, or letting | ||||||
| 22 | rooms in a hotel that imposes a tax under Section 8-3-14 of the | ||||||
| 23 | Illinois Municipal Code, as defined in the Hotel Operators' | ||||||
| 24 | Occupation Tax Act, at a rate not to exceed 3% of the gross | ||||||
| 25 | rental receipts from renting, leasing, or letting, excluding, | ||||||
| 26 | however, from gross rental receipts, the proceeds of the | ||||||
| |||||||
| |||||||
| 1 | renting, leasing, or letting to permanent residents of that | ||||||
| 2 | hotel, and may provide for the administration and enforcement | ||||||
| 3 | of the tax, and for the collection thereof from the persons | ||||||
| 4 | subject to the tax, as the county board determines to be | ||||||
| 5 | necessary or practicable for the effective administration of | ||||||
| 6 | the tax. The tax shall be instituted on a county-wide basis and | ||||||
| 7 | shall be in addition to any tax imposed by this or any other | ||||||
| 8 | provision of law. The revenue generated under this subsection | ||||||
| 9 | shall be accounted for and segregated from all other funds of | ||||||
| 10 | the county and shall be used solely for either: (1) | ||||||
| 11 | encouraging, supporting, marketing, constructing, or | ||||||
| 12 | operating, either directly by the county or through other | ||||||
| 13 | taxing bodies within the county, sports, arts, or other | ||||||
| 14 | entertainment or tourism facilities or programs for the | ||||||
| 15 | purpose of promoting tourism, competitiveness, job growth, and | ||||||
| 16 | for the general health and well-being of the citizens of the | ||||||
| 17 | county; or (2) payment of towards debt service services on | ||||||
| 18 | bonds issued for the purposes set forth in this subsection; or | ||||||
| 19 | (3) for the purposes described in the Capital Area Tourism | ||||||
| 20 | Authority Act. | ||||||
| 21 | (c) Except with respect to the imposition of a tax under | ||||||
| 22 | subsection (b-5)of this Section by the county board of | ||||||
| 23 | Sangamon County, with respect to which a Tourism Facility | ||||||
| 24 | Board shall not have any jurisdiction, a A Tourism Facility | ||||||
| 25 | Board shall be established, comprised of a representative from | ||||||
| 26 | the county and from each municipality that has approved the | ||||||
| |||||||
| |||||||
| 1 | imposition of the tax under subsection (b) of this Section. | ||||||
| 2 | (1) A Board member's vote is weighted based on the | ||||||
| 3 | municipality's population relative to the population of | ||||||
| 4 | the county, with the county representing the population | ||||||
| 5 | within unincorporated areas of the county. Representatives | ||||||
| 6 | from the Rockford Park District and Rockford Area | ||||||
| 7 | Convention and Visitors Bureau shall serve as ex-officio | ||||||
| 8 | members with no voting rights. | ||||||
| 9 | (2) The Board must meet not less frequently than once | ||||||
| 10 | per year to direct the use of revenues collected from the | ||||||
| 11 | tax imposed under subsection (b) of this Section that are | ||||||
| 12 | not already directed for use pursuant to an | ||||||
| 13 | intergovernmental agreement between the county and another | ||||||
| 14 | entity represented on the Board, including the ex-officio | ||||||
| 15 | members, and for any other reason the Board deems | ||||||
| 16 | necessary. Affirmative actions of the Board shall require | ||||||
| 17 | a weighted vote of Board members representing not less | ||||||
| 18 | than 67% of the population of the county. | ||||||
| 19 | (3) The Board shall not be a separate unit of local | ||||||
| 20 | government, shall have no paid staff, and members of the | ||||||
| 21 | Board shall receive no compensation or reimbursement of | ||||||
| 22 | expenses from proceeds of the tax imposed under subsection | ||||||
| 23 | (b) of this Section. | ||||||
| 24 | (d) Persons subject to any tax imposed pursuant to | ||||||
| 25 | authority granted by this Section may reimburse themselves for | ||||||
| 26 | their tax liability for such tax by separately stating such | ||||||
| |||||||
| |||||||
| 1 | tax as an additional charge, which charge may be stated in | ||||||
| 2 | combination, in a single amount, with State tax imposed under | ||||||
| 3 | "The Hotel Operators' Occupation Tax Act". | ||||||
| 4 | Nothing in this Section shall be construed to authorize a | ||||||
| 5 | county to impose a tax upon the privilege of engaging in any | ||||||
| 6 | business which under the Constitution of the United States may | ||||||
| 7 | not be made the subject of taxation by this State. | ||||||
| 8 | An ordinance or resolution imposing a tax hereunder or | ||||||
| 9 | effecting a change in the rate thereof shall be effective on | ||||||
| 10 | the first day of the calendar month next following its passage | ||||||
| 11 | and required publication. | ||||||
| 12 | The amounts collected by any county pursuant to this | ||||||
| 13 | Section shall be expended to promote tourism; conventions; | ||||||
| 14 | expositions; theatrical, sports and cultural activities within | ||||||
| 15 | that county or otherwise to attract nonresident overnight | ||||||
| 16 | visitors to the county. | ||||||
| 17 | Any county may agree with any unit of local government, | ||||||
| 18 | including any authority defined as a metropolitan exposition, | ||||||
| 19 | auditorium and office building authority, fair and exposition | ||||||
| 20 | authority, exposition and auditorium authority, or civic | ||||||
| 21 | center authority created pursuant to provisions of Illinois | ||||||
| 22 | law and the territory of which unit of local government or | ||||||
| 23 | authority is co-extensive with or wholly within such county, | ||||||
| 24 | to impose and collect for a period not to exceed 40 years, any | ||||||
| 25 | portion or all of the tax authorized pursuant to this Section | ||||||
| 26 | and to transmit such tax so collected to such unit of local | ||||||
| |||||||
| |||||||
| 1 | government or authority. The amount so paid shall be expended | ||||||
| 2 | by any such unit of local government or authority for the | ||||||
| 3 | purposes for which such tax is authorized. Any such agreement | ||||||
| 4 | must be authorized by resolution or ordinance, as the case may | ||||||
| 5 | be, of such county and unit of local government or authority, | ||||||
| 6 | and such agreement may provide for the irrevocable imposition | ||||||
| 7 | and collection of said tax at such rate, or amount as limited | ||||||
| 8 | by a given rate, as may be agreed upon for the full period of | ||||||
| 9 | time set forth in such agreement; and such agreement may | ||||||
| 10 | further provide for any other terms as deemed necessary or | ||||||
| 11 | advisable by such county and such unit of local government or | ||||||
| 12 | authority. Any such agreement shall be binding and enforceable | ||||||
| 13 | by either party to such agreement. Such agreement entered into | ||||||
| 14 | pursuant to this Section shall not in any event constitute an | ||||||
| 15 | indebtedness of such county subject to any limitation imposed | ||||||
| 16 | by statute or otherwise. | ||||||
| 17 | (Source: P.A. 103-781, eff. 8-5-24.) | ||||||
| 18 | Section 5-915. The Illinois Municipal Code is amended by | ||||||
| 19 | changing Sections 8-11-1, 8-11-5, and 11-74.3-6 as follows: | ||||||
| 20 | (65 ILCS 5/8-11-1) (from Ch. 24, par. 8-11-1) | ||||||
| 21 | Sec. 8-11-1. Home Rule Municipal Retailers' Occupation Tax | ||||||
| 22 | Act. The corporate authorities of a home rule municipality may | ||||||
| 23 | impose a tax upon all persons engaged in the business of | ||||||
| 24 | selling tangible personal property, other than an item of | ||||||
| |||||||
| |||||||
| 1 | tangible personal property titled or registered with an agency | ||||||
| 2 | of this State's government, at retail in the municipality on | ||||||
| 3 | the gross receipts from these sales made in the course of such | ||||||
| 4 | business. If imposed, the tax shall only be imposed in 1/4% | ||||||
| 5 | increments. On and after September 1, 1991, this additional | ||||||
| 6 | tax may not be imposed on tangible personal property taxed at | ||||||
| 7 | the 1% rate under the Retailers' Occupation Tax Act (or at the | ||||||
| 8 | 0% rate imposed under this amendatory Act of the 102nd General | ||||||
| 9 | Assembly). Beginning December 1, 2019, this tax is not imposed | ||||||
| 10 | on sales of aviation fuel unless the tax revenue is expended | ||||||
| 11 | for airport-related purposes. If a municipality does not have | ||||||
| 12 | an airport-related purpose to which it dedicates aviation fuel | ||||||
| 13 | tax revenue, then aviation fuel is excluded from the tax. Each | ||||||
| 14 | municipality must comply with the certification requirements | ||||||
| 15 | for airport-related purposes under Section 2-22 of the | ||||||
| 16 | Retailers' Occupation Tax Act. For purposes of this Section, | ||||||
| 17 | "airport-related purposes" has the meaning ascribed in Section | ||||||
| 18 | 6z-20.2 of the State Finance Act. This exclusion for aviation | ||||||
| 19 | fuel only applies for so long as the revenue use requirements | ||||||
| 20 | of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the | ||||||
| 21 | municipality. The changes made to this Section by this | ||||||
| 22 | amendatory Act of the 101st General Assembly are a denial and | ||||||
| 23 | limitation of home rule powers and functions under subsection | ||||||
| 24 | (g) of Section 6 of Article VII of the Illinois Constitution. | ||||||
| 25 | The tax imposed by a home rule municipality under this Section | ||||||
| 26 | and all civil penalties that may be assessed as an incident of | ||||||
| |||||||
| |||||||
| 1 | the tax shall be collected and enforced by the State | ||||||
| 2 | Department of Revenue. The certificate of registration that is | ||||||
| 3 | issued by the Department to a retailer under the Retailers' | ||||||
| 4 | Occupation Tax Act shall permit the retailer to engage in a | ||||||
| 5 | business that is taxable under any ordinance or resolution | ||||||
| 6 | enacted pursuant to this Section without registering | ||||||
| 7 | separately with the Department under such ordinance or | ||||||
| 8 | resolution or under this Section. The Department shall have | ||||||
| 9 | full power to administer and enforce this Section; to collect | ||||||
| 10 | all taxes and penalties due hereunder; to dispose of taxes and | ||||||
| 11 | penalties so collected in the manner hereinafter provided; and | ||||||
| 12 | to determine all rights to credit memoranda arising on account | ||||||
| 13 | of the erroneous payment of tax or penalty hereunder. In the | ||||||
| 14 | administration of, and compliance with, this Section the | ||||||
| 15 | Department and persons who are subject to this Section shall | ||||||
| 16 | have the same rights, remedies, privileges, immunities, powers | ||||||
| 17 | and duties, and be subject to the same conditions, | ||||||
| 18 | restrictions, limitations, penalties and definitions of terms, | ||||||
| 19 | and employ the same modes of procedure, as are prescribed in | ||||||
| 20 | Sections 1, 1a, 1d, 1e, 1f, 1i, 1j, 1k, 1m, 1n, 2 through 2-65 | ||||||
| 21 | (in respect to all provisions therein other than the State | ||||||
| 22 | rate of tax), 2c, 3 (except as to the disposition of taxes and | ||||||
| 23 | penalties collected, and except that the retailer's discount | ||||||
| 24 | is not allowed for taxes paid on aviation fuel that are subject | ||||||
| 25 | to the revenue use requirements of 49 U.S.C. 47107(b) and 49 | ||||||
| 26 | U.S.C. 47133), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, | ||||||
| |||||||
| |||||||
| 1 | 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12 and 13 of the | ||||||
| 2 | Retailers' Occupation Tax Act and Section 3-7 of the Uniform | ||||||
| 3 | Penalty and Interest Act, as fully as if those provisions were | ||||||
| 4 | set forth herein. | ||||||
| 5 | No tax may be imposed by a home rule municipality under | ||||||
| 6 | this Section unless the municipality also imposes a tax at the | ||||||
| 7 | same rate under Section 8-11-5 of this Act. | ||||||
| 8 | If, on January 1, 2025, a unit of local government has in | ||||||
| 9 | effect a tax under this Section, or if, after January 1, 2025, | ||||||
| 10 | a unit of local government imposes a tax under this Section, | ||||||
| 11 | then that tax applies to leases of tangible personal property | ||||||
| 12 | in effect, entered into, or renewed on or after that date in | ||||||
| 13 | the same manner as the tax under this Section and in accordance | ||||||
| 14 | with the changes made by this amendatory Act of the 103rd | ||||||
| 15 | General Assembly. | ||||||
| 16 | Persons subject to any tax imposed under the authority | ||||||
| 17 | granted in this Section may reimburse themselves for their | ||||||
| 18 | seller's tax liability hereunder by separately stating that | ||||||
| 19 | tax as an additional charge, which charge may be stated in | ||||||
| 20 | combination, in a single amount, with State tax which sellers | ||||||
| 21 | are required to collect under the Use Tax Act, pursuant to such | ||||||
| 22 | bracket schedules as the Department may prescribe. | ||||||
| 23 | Whenever the Department determines that a refund should be | ||||||
| 24 | made under this Section to a claimant instead of issuing a | ||||||
| 25 | credit memorandum, the Department shall notify the State | ||||||
| 26 | Comptroller, who shall cause the order to be drawn for the | ||||||
| |||||||
| |||||||
| 1 | amount specified and to the person named in the notification | ||||||
| 2 | from the Department. The refund shall be paid by the State | ||||||
| 3 | Treasurer out of the home rule municipal retailers' occupation | ||||||
| 4 | tax fund or the Local Government Aviation Trust Fund, as | ||||||
| 5 | appropriate. | ||||||
| 6 | Except as otherwise provided in this paragraph, the | ||||||
| 7 | Department shall immediately pay over to the State Treasurer, | ||||||
| 8 | ex officio, as trustee, all taxes and penalties collected | ||||||
| 9 | hereunder for deposit into the Home Rule Municipal Retailers' | ||||||
| 10 | Occupation Tax Fund. Taxes and penalties collected on aviation | ||||||
| 11 | fuel sold on or after December 1, 2019, shall be immediately | ||||||
| 12 | paid over by the Department to the State Treasurer, ex | ||||||
| 13 | officio, as trustee, for deposit into the Local Government | ||||||
| 14 | Aviation Trust Fund. The Department shall only pay moneys into | ||||||
| 15 | the Local Government Aviation Trust Fund under this Section | ||||||
| 16 | for so long as the revenue use requirements of 49 U.S.C. | ||||||
| 17 | 47107(b) and 49 U.S.C. 47133 are binding on the State. | ||||||
| 18 | As soon as possible after the first day of each month, | ||||||
| 19 | beginning January 1, 2011, upon certification of the | ||||||
| 20 | Department of Revenue, the Comptroller shall order | ||||||
| 21 | transferred, and the Treasurer shall transfer, to the STAR | ||||||
| 22 | Bonds Revenue Fund the local sales tax increment, as defined | ||||||
| 23 | in the Innovation Development and Economy Act, collected under | ||||||
| 24 | this Section during the second preceding calendar month for | ||||||
| 25 | sales within a STAR bond district. | ||||||
| 26 | Upon certification of the Department of Revenue as | ||||||
| |||||||
| |||||||
| 1 | provided in the Capital Area Tourism Authority Act, the | ||||||
| 2 | Comptroller shall order transferred, and the Treasurer shall | ||||||
| 3 | transfer, to the Capital Area Tourism Bond Revenue Fund the | ||||||
| 4 | local sales tax contribution, as applicable and as defined in | ||||||
| 5 | the Capital Area Tourism Authority Act, collected under this | ||||||
| 6 | Section during the second preceding calendar month for sales | ||||||
| 7 | within the Capital Area Tourism District. | ||||||
| 8 | After the monthly transfers transfer to the STAR Bonds | ||||||
| 9 | Revenue Fund and the Capital Area Tourism Bond Revenue Fund, | ||||||
| 10 | on or before the 25th day of each calendar month, the | ||||||
| 11 | Department shall prepare and certify to the Comptroller the | ||||||
| 12 | disbursement of stated sums of money to named municipalities, | ||||||
| 13 | the municipalities to be those from which retailers have paid | ||||||
| 14 | taxes or penalties hereunder to the Department during the | ||||||
| 15 | second preceding calendar month. The amount to be paid to each | ||||||
| 16 | municipality shall be the amount (not including credit | ||||||
| 17 | memoranda and not including taxes and penalties collected on | ||||||
| 18 | aviation fuel sold on or after December 1, 2019) collected | ||||||
| 19 | hereunder during the second preceding calendar month by the | ||||||
| 20 | Department plus an amount the Department determines is | ||||||
| 21 | necessary to offset any amounts that were erroneously paid to | ||||||
| 22 | a different taxing body, and not including an amount equal to | ||||||
| 23 | the amount of refunds made during the second preceding | ||||||
| 24 | calendar month by the Department on behalf of such | ||||||
| 25 | municipality, and not including any amount that the Department | ||||||
| 26 | determines is necessary to offset any amounts that were | ||||||
| |||||||
| |||||||
| 1 | payable to a different taxing body but were erroneously paid | ||||||
| 2 | to the municipality, and not including any amounts that are | ||||||
| 3 | transferred to the STAR Bonds Revenue Fund or the Capital Area | ||||||
| 4 | Tourism Bond Revenue Fund, less 1.5% of the remainder, which | ||||||
| 5 | the Department shall transfer into the Tax Compliance and | ||||||
| 6 | Administration Fund. The Department, at the time of each | ||||||
| 7 | monthly disbursement to the municipalities, shall prepare and | ||||||
| 8 | certify to the State Comptroller the amount to be transferred | ||||||
| 9 | into the Tax Compliance and Administration Fund under this | ||||||
| 10 | Section. Within 10 days after receipt by the Comptroller of | ||||||
| 11 | the disbursement certification to the municipalities and the | ||||||
| 12 | Tax Compliance and Administration Fund provided for in this | ||||||
| 13 | Section to be given to the Comptroller by the Department, the | ||||||
| 14 | Comptroller shall cause the orders to be drawn for the | ||||||
| 15 | respective amounts in accordance with the directions contained | ||||||
| 16 | in the certification. | ||||||
| 17 | In addition to the disbursement required by the preceding | ||||||
| 18 | paragraph and in order to mitigate delays caused by | ||||||
| 19 | distribution procedures, an allocation shall, if requested, be | ||||||
| 20 | made within 10 days after January 14, 1991, and in November of | ||||||
| 21 | 1991 and each year thereafter, to each municipality that | ||||||
| 22 | received more than $500,000 during the preceding fiscal year, | ||||||
| 23 | (July 1 through June 30) whether collected by the municipality | ||||||
| 24 | or disbursed by the Department as required by this Section. | ||||||
| 25 | Within 10 days after January 14, 1991, participating | ||||||
| 26 | municipalities shall notify the Department in writing of their | ||||||
| |||||||
| |||||||
| 1 | intent to participate. In addition, for the initial | ||||||
| 2 | distribution, participating municipalities shall certify to | ||||||
| 3 | the Department the amounts collected by the municipality for | ||||||
| 4 | each month under its home rule occupation and service | ||||||
| 5 | occupation tax during the period July 1, 1989 through June 30, | ||||||
| 6 | 1990. The allocation within 10 days after January 14, 1991, | ||||||
| 7 | shall be in an amount equal to the monthly average of these | ||||||
| 8 | amounts, excluding the 2 months of highest receipts. The | ||||||
| 9 | monthly average for the period of July 1, 1990 through June 30, | ||||||
| 10 | 1991 will be determined as follows: the amounts collected by | ||||||
| 11 | the municipality under its home rule occupation and service | ||||||
| 12 | occupation tax during the period of July 1, 1990 through | ||||||
| 13 | September 30, 1990, plus amounts collected by the Department | ||||||
| 14 | and paid to such municipality through June 30, 1991, excluding | ||||||
| 15 | the 2 months of highest receipts. The monthly average for each | ||||||
| 16 | subsequent period of July 1 through June 30 shall be an amount | ||||||
| 17 | equal to the monthly distribution made to each such | ||||||
| 18 | municipality under the preceding paragraph during this period, | ||||||
| 19 | excluding the 2 months of highest receipts. The distribution | ||||||
| 20 | made in November 1991 and each year thereafter under this | ||||||
| 21 | paragraph and the preceding paragraph shall be reduced by the | ||||||
| 22 | amount allocated and disbursed under this paragraph in the | ||||||
| 23 | preceding period of July 1 through June 30. The Department | ||||||
| 24 | shall prepare and certify to the Comptroller for disbursement | ||||||
| 25 | the allocations made in accordance with this paragraph. | ||||||
| 26 | For the purpose of determining the local governmental unit | ||||||
| |||||||
| |||||||
| 1 | whose tax is applicable, a retail sale by a producer of coal or | ||||||
| 2 | other mineral mined in Illinois is a sale at retail at the | ||||||
| 3 | place where the coal or other mineral mined in Illinois is | ||||||
| 4 | extracted from the earth. This paragraph does not apply to | ||||||
| 5 | coal or other mineral when it is delivered or shipped by the | ||||||
| 6 | seller to the purchaser at a point outside Illinois so that the | ||||||
| 7 | sale is exempt under the United States Constitution as a sale | ||||||
| 8 | in interstate or foreign commerce. | ||||||
| 9 | Nothing in this Section shall be construed to authorize a | ||||||
| 10 | municipality to impose a tax upon the privilege of engaging in | ||||||
| 11 | any business which under the Constitution of the United States | ||||||
| 12 | may not be made the subject of taxation by this State. | ||||||
| 13 | An ordinance or resolution imposing or discontinuing a tax | ||||||
| 14 | hereunder or effecting a change in the rate thereof shall be | ||||||
| 15 | adopted and a certified copy thereof filed with the Department | ||||||
| 16 | on or before the first day of June, whereupon the Department | ||||||
| 17 | shall proceed to administer and enforce this Section as of the | ||||||
| 18 | first day of September next following the adoption and filing. | ||||||
| 19 | Beginning January 1, 1992, an ordinance or resolution imposing | ||||||
| 20 | or discontinuing the tax hereunder or effecting a change in | ||||||
| 21 | the rate thereof shall be adopted and a certified copy thereof | ||||||
| 22 | filed with the Department on or before the first day of July, | ||||||
| 23 | whereupon the Department shall proceed to administer and | ||||||
| 24 | enforce this Section as of the first day of October next | ||||||
| 25 | following such adoption and filing. Beginning January 1, 1993, | ||||||
| 26 | an ordinance or resolution imposing or discontinuing the tax | ||||||
| |||||||
| |||||||
| 1 | hereunder or effecting a change in the rate thereof shall be | ||||||
| 2 | adopted and a certified copy thereof filed with the Department | ||||||
| 3 | on or before the first day of October, whereupon the | ||||||
| 4 | Department shall proceed to administer and enforce this | ||||||
| 5 | Section as of the first day of January next following the | ||||||
| 6 | adoption and filing. However, a municipality located in a | ||||||
| 7 | county with a population in excess of 3,000,000 that elected | ||||||
| 8 | to become a home rule unit at the general primary election in | ||||||
| 9 | 1994 may adopt an ordinance or resolution imposing the tax | ||||||
| 10 | under this Section and file a certified copy of the ordinance | ||||||
| 11 | or resolution with the Department on or before July 1, 1994. | ||||||
| 12 | The Department shall then proceed to administer and enforce | ||||||
| 13 | this Section as of October 1, 1994. Beginning April 1, 1998, an | ||||||
| 14 | ordinance or resolution imposing or discontinuing the tax | ||||||
| 15 | hereunder or effecting a change in the rate thereof shall | ||||||
| 16 | either (i) be adopted and a certified copy thereof filed with | ||||||
| 17 | the Department on or before the first day of April, whereupon | ||||||
| 18 | the Department shall proceed to administer and enforce this | ||||||
| 19 | Section as of the first day of July next following the adoption | ||||||
| 20 | and filing; or (ii) be adopted and a certified copy thereof | ||||||
| 21 | filed with the Department on or before the first day of | ||||||
| 22 | October, whereupon the Department shall proceed to administer | ||||||
| 23 | and enforce this Section as of the first day of January next | ||||||
| 24 | following the adoption and filing. | ||||||
| 25 | When certifying the amount of a monthly disbursement to a | ||||||
| 26 | municipality under this Section, the Department shall increase | ||||||
| |||||||
| |||||||
| 1 | or decrease the amount by an amount necessary to offset any | ||||||
| 2 | misallocation of previous disbursements. The offset amount | ||||||
| 3 | shall be the amount erroneously disbursed within the previous | ||||||
| 4 | 6 months from the time a misallocation is discovered. | ||||||
| 5 | Any unobligated balance remaining in the Municipal | ||||||
| 6 | Retailers' Occupation Tax Fund on December 31, 1989, which | ||||||
| 7 | fund was abolished by Public Act 85-1135, and all receipts of | ||||||
| 8 | municipal tax as a result of audits of liability periods prior | ||||||
| 9 | to January 1, 1990, shall be paid into the Local Government Tax | ||||||
| 10 | Fund for distribution as provided by this Section prior to the | ||||||
| 11 | enactment of Public Act 85-1135. All receipts of municipal tax | ||||||
| 12 | as a result of an assessment not arising from an audit, for | ||||||
| 13 | liability periods prior to January 1, 1990, shall be paid into | ||||||
| 14 | the Local Government Tax Fund for distribution before July 1, | ||||||
| 15 | 1990, as provided by this Section prior to the enactment of | ||||||
| 16 | Public Act 85-1135; and on and after July 1, 1990, all such | ||||||
| 17 | receipts shall be distributed as provided in Section 6z-18 of | ||||||
| 18 | the State Finance Act. | ||||||
| 19 | As used in this Section, "municipal" and "municipality" | ||||||
| 20 | means a city, village or incorporated town, including an | ||||||
| 21 | incorporated town that has superseded a civil township. | ||||||
| 22 | This Section shall be known and may be cited as the Home | ||||||
| 23 | Rule Municipal Retailers' Occupation Tax Act. | ||||||
| 24 | (Source: P.A. 102-700, eff. 4-19-22; 103-592, eff. 1-1-25.) | ||||||
| 25 | (65 ILCS 5/8-11-5) (from Ch. 24, par. 8-11-5) | ||||||
| |||||||
| |||||||
| 1 | Sec. 8-11-5. Home Rule Municipal Service Occupation Tax | ||||||
| 2 | Act. The corporate authorities of a home rule municipality may | ||||||
| 3 | impose a tax upon all persons engaged, in such municipality, | ||||||
| 4 | in the business of making sales of service at the same rate of | ||||||
| 5 | tax imposed pursuant to Section 8-11-1, of the selling price | ||||||
| 6 | of all tangible personal property transferred by such | ||||||
| 7 | servicemen either in the form of tangible personal property or | ||||||
| 8 | in the form of real estate as an incident to a sale of service. | ||||||
| 9 | If imposed, such tax shall only be imposed in 1/4% increments. | ||||||
| 10 | On and after September 1, 1991, this additional tax may not be | ||||||
| 11 | imposed on tangible personal property taxed at the 1% rate | ||||||
| 12 | under the Service Occupation Tax Act (or at the 0% rate imposed | ||||||
| 13 | under this amendatory Act of the 102nd General Assembly). | ||||||
| 14 | Beginning December 1, 2019, this tax may not be imposed on | ||||||
| 15 | sales of aviation fuel unless the tax revenue is expended for | ||||||
| 16 | airport-related purposes. If a municipality does not have an | ||||||
| 17 | airport-related purpose to which it dedicates aviation fuel | ||||||
| 18 | tax revenue, then aviation fuel shall be excluded from tax. | ||||||
| 19 | Each municipality must comply with the certification | ||||||
| 20 | requirements for airport-related purposes under Section 2-22 | ||||||
| 21 | of the Retailers' Occupation Tax Act. For purposes of this | ||||||
| 22 | Section, "airport-related purposes" has the meaning ascribed | ||||||
| 23 | in Section 6z-20.2 of the State Finance Act. This exception | ||||||
| 24 | for aviation fuel only applies for so long as the revenue use | ||||||
| 25 | requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are | ||||||
| 26 | binding on the State. The changes made to this Section by this | ||||||
| |||||||
| |||||||
| 1 | amendatory Act of the 101st General Assembly are a denial and | ||||||
| 2 | limitation of home rule powers and functions under subsection | ||||||
| 3 | (g) of Section 6 of Article VII of the Illinois Constitution. | ||||||
| 4 | The tax imposed by a home rule municipality pursuant to this | ||||||
| 5 | Section and all civil penalties that may be assessed as an | ||||||
| 6 | incident thereof shall be collected and enforced by the State | ||||||
| 7 | Department of Revenue. The certificate of registration which | ||||||
| 8 | is issued by the Department to a retailer under the Retailers' | ||||||
| 9 | Occupation Tax Act or under the Service Occupation Tax Act | ||||||
| 10 | shall permit such registrant to engage in a business which is | ||||||
| 11 | taxable under any ordinance or resolution enacted pursuant to | ||||||
| 12 | this Section without registering separately with the | ||||||
| 13 | Department under such ordinance or resolution or under this | ||||||
| 14 | Section. The Department shall have full power to administer | ||||||
| 15 | and enforce this Section; to collect all taxes and penalties | ||||||
| 16 | due hereunder; to dispose of taxes and penalties so collected | ||||||
| 17 | in the manner hereinafter provided, and to determine all | ||||||
| 18 | rights to credit memoranda arising on account of the erroneous | ||||||
| 19 | payment of tax or penalty hereunder. In the administration of, | ||||||
| 20 | and compliance with, this Section the Department and persons | ||||||
| 21 | who are subject to this Section shall have the same rights, | ||||||
| 22 | remedies, privileges, immunities, powers and duties, and be | ||||||
| 23 | subject to the same conditions, restrictions, limitations, | ||||||
| 24 | penalties and definitions of terms, and employ the same modes | ||||||
| 25 | of procedure, as are prescribed in Sections 1a-1, 2, 2a, 3 | ||||||
| 26 | through 3-50 (in respect to all provisions therein other than | ||||||
| |||||||
| |||||||
| 1 | the State rate of tax), 4 (except that the reference to the | ||||||
| 2 | State shall be to the taxing municipality), 5, 7, 8 (except | ||||||
| 3 | that the jurisdiction to which the tax shall be a debt to the | ||||||
| 4 | extent indicated in that Section 8 shall be the taxing | ||||||
| 5 | municipality), 9 (except as to the disposition of taxes and | ||||||
| 6 | penalties collected, and except that the returned merchandise | ||||||
| 7 | credit for this municipal tax may not be taken against any | ||||||
| 8 | State tax, and except that the retailer's discount is not | ||||||
| 9 | allowed for taxes paid on aviation fuel that are subject to the | ||||||
| 10 | revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. | ||||||
| 11 | 47133), 10, 11, 12 (except the reference therein to Section 2b | ||||||
| 12 | of the Retailers' Occupation Tax Act), 13 (except that any | ||||||
| 13 | reference to the State shall mean the taxing municipality), | ||||||
| 14 | the first paragraph of Section 15, 16, 17 (except that credit | ||||||
| 15 | memoranda issued hereunder may not be used to discharge any | ||||||
| 16 | State tax liability), 18, 19 and 20 of the Service Occupation | ||||||
| 17 | Tax Act and Section 3-7 of the Uniform Penalty and Interest | ||||||
| 18 | Act, as fully as if those provisions were set forth herein. | ||||||
| 19 | No tax may be imposed by a home rule municipality pursuant | ||||||
| 20 | to this Section unless such municipality also imposes a tax at | ||||||
| 21 | the same rate pursuant to Section 8-11-1 of this Act. | ||||||
| 22 | Persons subject to any tax imposed pursuant to the | ||||||
| 23 | authority granted in this Section may reimburse themselves for | ||||||
| 24 | their serviceman's tax liability hereunder by separately | ||||||
| 25 | stating such tax as an additional charge, which charge may be | ||||||
| 26 | stated in combination, in a single amount, with State tax | ||||||
| |||||||
| |||||||
| 1 | which servicemen are authorized to collect under the Service | ||||||
| 2 | Use Tax Act, pursuant to such bracket schedules as the | ||||||
| 3 | Department may prescribe. | ||||||
| 4 | Whenever the Department determines that a refund should be | ||||||
| 5 | made under this Section to a claimant instead of issuing | ||||||
| 6 | credit memorandum, the Department shall notify the State | ||||||
| 7 | Comptroller, who shall cause the order to be drawn for the | ||||||
| 8 | amount specified, and to the person named, in such | ||||||
| 9 | notification from the Department. Such refund shall be paid by | ||||||
| 10 | the State Treasurer out of the home rule municipal retailers' | ||||||
| 11 | occupation tax fund or the Local Government Aviation Trust | ||||||
| 12 | Fund, as appropriate. | ||||||
| 13 | Except as otherwise provided in this paragraph, the | ||||||
| 14 | Department shall forthwith pay over to the State Treasurer, ex | ||||||
| 15 | officio, as trustee, all taxes and penalties collected | ||||||
| 16 | hereunder for deposit into the Home Rule Municipal Retailers' | ||||||
| 17 | Occupation Tax Fund. Taxes and penalties collected on aviation | ||||||
| 18 | fuel sold on or after December 1, 2019, shall be immediately | ||||||
| 19 | paid over by the Department to the State Treasurer, ex | ||||||
| 20 | officio, as trustee, for deposit into the Local Government | ||||||
| 21 | Aviation Trust Fund. The Department shall only pay moneys into | ||||||
| 22 | the Local Government Aviation Trust Fund under this Section | ||||||
| 23 | for so long as the revenue use requirements of 49 U.S.C. | ||||||
| 24 | 47107(b) and 49 U.S.C. 47133 are binding on the municipality. | ||||||
| 25 | As soon as possible after the first day of each month, | ||||||
| 26 | beginning January 1, 2011, upon certification of the | ||||||
| |||||||
| |||||||
| 1 | Department of Revenue, the Comptroller shall order | ||||||
| 2 | transferred, and the Treasurer shall transfer, to the STAR | ||||||
| 3 | Bonds Revenue Fund the local sales tax increment, as defined | ||||||
| 4 | in the Innovation Development and Economy Act, collected under | ||||||
| 5 | this Section during the second preceding calendar month for | ||||||
| 6 | sales within a STAR bond district. | ||||||
| 7 | Upon certification of the Department of Revenue as | ||||||
| 8 | provided in the Capital Area Tourism Authority Act, the | ||||||
| 9 | Comptroller shall order transferred, and the Treasurer shall | ||||||
| 10 | transfer, to the Capital Area Tourism Bond Revenue Fund the | ||||||
| 11 | local sales tax contribution, as applicable and as defined in | ||||||
| 12 | the Capital Area Tourism Authority Act, collected under this | ||||||
| 13 | Section during the second preceding calendar month for sales | ||||||
| 14 | within the Capital Area Tourism District. | ||||||
| 15 | After the monthly transfers transfer to the STAR Bonds | ||||||
| 16 | Revenue Fund and the Capital Area Tourism Bond Revenue Fund, | ||||||
| 17 | on or before the 25th day of each calendar month, the | ||||||
| 18 | Department shall prepare and certify to the Comptroller the | ||||||
| 19 | disbursement of stated sums of money to named municipalities, | ||||||
| 20 | the municipalities to be those from which suppliers and | ||||||
| 21 | servicemen have paid taxes or penalties hereunder to the | ||||||
| 22 | Department during the second preceding calendar month. The | ||||||
| 23 | amount to be paid to each municipality shall be the amount (not | ||||||
| 24 | including credit memoranda and not including taxes and | ||||||
| 25 | penalties collected on aviation fuel sold on or after December | ||||||
| 26 | 1, 2019) collected hereunder during the second preceding | ||||||
| |||||||
| |||||||
| 1 | calendar month by the Department, and not including an amount | ||||||
| 2 | equal to the amount of refunds made during the second | ||||||
| 3 | preceding calendar month by the Department on behalf of such | ||||||
| 4 | municipality, and not including any amounts that are | ||||||
| 5 | transferred to the STAR Bonds Revenue Fund or the Capital Area | ||||||
| 6 | Tourism Bond Revenue Fund, less 1.5% of the remainder, which | ||||||
| 7 | the Department shall transfer into the Tax Compliance and | ||||||
| 8 | Administration Fund. The Department, at the time of each | ||||||
| 9 | monthly disbursement to the municipalities, shall prepare and | ||||||
| 10 | certify to the State Comptroller the amount to be transferred | ||||||
| 11 | into the Tax Compliance and Administration Fund under this | ||||||
| 12 | Section. Within 10 days after receipt, by the Comptroller, of | ||||||
| 13 | the disbursement certification to the municipalities and the | ||||||
| 14 | Tax Compliance and Administration Fund provided for in this | ||||||
| 15 | Section to be given to the Comptroller by the Department, the | ||||||
| 16 | Comptroller shall cause the orders to be drawn for the | ||||||
| 17 | respective amounts in accordance with the directions contained | ||||||
| 18 | in such certification. | ||||||
| 19 | In addition to the disbursement required by the preceding | ||||||
| 20 | paragraph and in order to mitigate delays caused by | ||||||
| 21 | distribution procedures, an allocation shall, if requested, be | ||||||
| 22 | made within 10 days after January 14, 1991, and in November of | ||||||
| 23 | 1991 and each year thereafter, to each municipality that | ||||||
| 24 | received more than $500,000 during the preceding fiscal year, | ||||||
| 25 | (July 1 through June 30) whether collected by the municipality | ||||||
| 26 | or disbursed by the Department as required by this Section. | ||||||
| |||||||
| |||||||
| 1 | Within 10 days after January 14, 1991, participating | ||||||
| 2 | municipalities shall notify the Department in writing of their | ||||||
| 3 | intent to participate. In addition, for the initial | ||||||
| 4 | distribution, participating municipalities shall certify to | ||||||
| 5 | the Department the amounts collected by the municipality for | ||||||
| 6 | each month under its home rule occupation and service | ||||||
| 7 | occupation tax during the period July 1, 1989 through June 30, | ||||||
| 8 | 1990. The allocation within 10 days after January 14, 1991, | ||||||
| 9 | shall be in an amount equal to the monthly average of these | ||||||
| 10 | amounts, excluding the 2 months of highest receipts. Monthly | ||||||
| 11 | average for the period of July 1, 1990 through June 30, 1991 | ||||||
| 12 | will be determined as follows: the amounts collected by the | ||||||
| 13 | municipality under its home rule occupation and service | ||||||
| 14 | occupation tax during the period of July 1, 1990 through | ||||||
| 15 | September 30, 1990, plus amounts collected by the Department | ||||||
| 16 | and paid to such municipality through June 30, 1991, excluding | ||||||
| 17 | the 2 months of highest receipts. The monthly average for each | ||||||
| 18 | subsequent period of July 1 through June 30 shall be an amount | ||||||
| 19 | equal to the monthly distribution made to each such | ||||||
| 20 | municipality under the preceding paragraph during this period, | ||||||
| 21 | excluding the 2 months of highest receipts. The distribution | ||||||
| 22 | made in November 1991 and each year thereafter under this | ||||||
| 23 | paragraph and the preceding paragraph shall be reduced by the | ||||||
| 24 | amount allocated and disbursed under this paragraph in the | ||||||
| 25 | preceding period of July 1 through June 30. The Department | ||||||
| 26 | shall prepare and certify to the Comptroller for disbursement | ||||||
| |||||||
| |||||||
| 1 | the allocations made in accordance with this paragraph. | ||||||
| 2 | Nothing in this Section shall be construed to authorize a | ||||||
| 3 | municipality to impose a tax upon the privilege of engaging in | ||||||
| 4 | any business which under the constitution of the United States | ||||||
| 5 | may not be made the subject of taxation by this State. | ||||||
| 6 | An ordinance or resolution imposing or discontinuing a tax | ||||||
| 7 | hereunder or effecting a change in the rate thereof shall be | ||||||
| 8 | adopted and a certified copy thereof filed with the Department | ||||||
| 9 | on or before the first day of June, whereupon the Department | ||||||
| 10 | shall proceed to administer and enforce this Section as of the | ||||||
| 11 | first day of September next following such adoption and | ||||||
| 12 | filing. Beginning January 1, 1992, an ordinance or resolution | ||||||
| 13 | imposing or discontinuing the tax hereunder or effecting a | ||||||
| 14 | change in the rate thereof shall be adopted and a certified | ||||||
| 15 | copy thereof filed with the Department on or before the first | ||||||
| 16 | day of July, whereupon the Department shall proceed to | ||||||
| 17 | administer and enforce this Section as of the first day of | ||||||
| 18 | October next following such adoption and filing. Beginning | ||||||
| 19 | January 1, 1993, an ordinance or resolution imposing or | ||||||
| 20 | discontinuing the tax hereunder or effecting a change in the | ||||||
| 21 | rate thereof shall be adopted and a certified copy thereof | ||||||
| 22 | filed with the Department on or before the first day of | ||||||
| 23 | October, whereupon the Department shall proceed to administer | ||||||
| 24 | and enforce this Section as of the first day of January next | ||||||
| 25 | following such adoption and filing. However, a municipality | ||||||
| 26 | located in a county with a population in excess of 3,000,000 | ||||||
| |||||||
| |||||||
| 1 | that elected to become a home rule unit at the general primary | ||||||
| 2 | election in 1994 may adopt an ordinance or resolution imposing | ||||||
| 3 | the tax under this Section and file a certified copy of the | ||||||
| 4 | ordinance or resolution with the Department on or before July | ||||||
| 5 | 1, 1994. The Department shall then proceed to administer and | ||||||
| 6 | enforce this Section as of October 1, 1994. Beginning April 1, | ||||||
| 7 | 1998, an ordinance or resolution imposing or discontinuing the | ||||||
| 8 | tax hereunder or effecting a change in the rate thereof shall | ||||||
| 9 | either (i) be adopted and a certified copy thereof filed with | ||||||
| 10 | the Department on or before the first day of April, whereupon | ||||||
| 11 | the Department shall proceed to administer and enforce this | ||||||
| 12 | Section as of the first day of July next following the adoption | ||||||
| 13 | and filing; or (ii) be adopted and a certified copy thereof | ||||||
| 14 | filed with the Department on or before the first day of | ||||||
| 15 | October, whereupon the Department shall proceed to administer | ||||||
| 16 | and enforce this Section as of the first day of January next | ||||||
| 17 | following the adoption and filing. | ||||||
| 18 | Any unobligated balance remaining in the Municipal | ||||||
| 19 | Retailers' Occupation Tax Fund on December 31, 1989, which | ||||||
| 20 | fund was abolished by Public Act 85-1135, and all receipts of | ||||||
| 21 | municipal tax as a result of audits of liability periods prior | ||||||
| 22 | to January 1, 1990, shall be paid into the Local Government Tax | ||||||
| 23 | Fund, for distribution as provided by this Section prior to | ||||||
| 24 | the enactment of Public Act 85-1135. All receipts of municipal | ||||||
| 25 | tax as a result of an assessment not arising from an audit, for | ||||||
| 26 | liability periods prior to January 1, 1990, shall be paid into | ||||||
| |||||||
| |||||||
| 1 | the Local Government Tax Fund for distribution before July 1, | ||||||
| 2 | 1990, as provided by this Section prior to the enactment of | ||||||
| 3 | Public Act 85-1135, and on and after July 1, 1990, all such | ||||||
| 4 | receipts shall be distributed as provided in Section 6z-18 of | ||||||
| 5 | the State Finance Act. | ||||||
| 6 | As used in this Section, "municipal" and "municipality" | ||||||
| 7 | means a city, village or incorporated town, including an | ||||||
| 8 | incorporated town which has superseded a civil township. | ||||||
| 9 | This Section shall be known and may be cited as the Home | ||||||
| 10 | Rule Municipal Service Occupation Tax Act. | ||||||
| 11 | (Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; | ||||||
| 12 | 101-604, eff. 12-13-19; 102-700, eff. 4-19-22.) | ||||||
| 13 | (65 ILCS 5/11-74.3-6) | ||||||
| 14 | Sec. 11-74.3-6. Business district revenue and obligations; | ||||||
| 15 | business district tax allocation fund. | ||||||
| 16 | (a) If the corporate authorities of a municipality have | ||||||
| 17 | approved a business district plan, have designated a business | ||||||
| 18 | district, and have elected to impose a tax by ordinance | ||||||
| 19 | pursuant to subsection (10) or (11) of Section 11-74.3-3, then | ||||||
| 20 | each year after the date of the approval of the ordinance but | ||||||
| 21 | terminating upon the date all business district project costs | ||||||
| 22 | and all obligations paying or reimbursing business district | ||||||
| 23 | project costs, if any, have been paid, but in no event later | ||||||
| 24 | than the dissolution date, all amounts generated by the | ||||||
| 25 | retailers' occupation tax and service occupation tax shall be | ||||||
| |||||||
| |||||||
| 1 | collected and the tax shall be enforced by the Department of | ||||||
| 2 | Revenue in the same manner as all retailers' occupation taxes | ||||||
| 3 | and service occupation taxes imposed in the municipality | ||||||
| 4 | imposing the tax and all amounts generated by the hotel | ||||||
| 5 | operators' occupation tax shall be collected and the tax shall | ||||||
| 6 | be enforced by the municipality in the same manner as all hotel | ||||||
| 7 | operators' occupation taxes imposed in the municipality | ||||||
| 8 | imposing the tax. The corporate authorities of the | ||||||
| 9 | municipality shall deposit the proceeds of the taxes imposed | ||||||
| 10 | under subsections (10) and (11) of Section 11-74.3-3 into a | ||||||
| 11 | special fund of the municipality called the "[Name of] | ||||||
| 12 | Business District Tax Allocation Fund" for the purpose of | ||||||
| 13 | paying or reimbursing business district project costs and | ||||||
| 14 | obligations incurred in the payment of those costs. | ||||||
| 15 | (b) The corporate authorities of a municipality that has | ||||||
| 16 | designated a business district under this Law may, by | ||||||
| 17 | ordinance, impose a Business District Retailers' Occupation | ||||||
| 18 | Tax upon all persons engaged in the business of selling | ||||||
| 19 | tangible personal property, other than an item of tangible | ||||||
| 20 | personal property titled or registered with an agency of this | ||||||
| 21 | State's government, at retail in the business district at a | ||||||
| 22 | rate not to exceed 1% of the gross receipts from the sales made | ||||||
| 23 | in the course of such business, to be imposed only in 0.25% | ||||||
| 24 | increments. The tax may not be imposed on tangible personal | ||||||
| 25 | property taxed at the rate of 1% under the Retailers' | ||||||
| 26 | Occupation Tax Act (or at the 0% rate imposed under this | ||||||
| |||||||
| |||||||
| 1 | amendatory Act of the 102nd General Assembly). Beginning | ||||||
| 2 | December 1, 2019 and through December 31, 2020, this tax is not | ||||||
| 3 | imposed on sales of aviation fuel unless the tax revenue is | ||||||
| 4 | expended for airport-related purposes. If the District does | ||||||
| 5 | not have an airport-related purpose to which it dedicates | ||||||
| 6 | aviation fuel tax revenue, then aviation fuel is excluded from | ||||||
| 7 | the tax. Each municipality must comply with the certification | ||||||
| 8 | requirements for airport-related purposes under Section 2-22 | ||||||
| 9 | of the Retailers' Occupation Tax Act. For purposes of this | ||||||
| 10 | Section, "airport-related purposes" has the meaning ascribed | ||||||
| 11 | in Section 6z-20.2 of the State Finance Act. Beginning January | ||||||
| 12 | 1, 2021, this tax is not imposed on sales of aviation fuel for | ||||||
| 13 | so long as the revenue use requirements of 49 U.S.C. 47107(b) | ||||||
| 14 | and 49 U.S.C. 47133 are binding on the District. | ||||||
| 15 | The tax imposed under this subsection and all civil | ||||||
| 16 | penalties that may be assessed as an incident thereof shall be | ||||||
| 17 | collected and enforced by the Department of Revenue. The | ||||||
| 18 | certificate of registration that is issued by the Department | ||||||
| 19 | to a retailer under the Retailers' Occupation Tax Act shall | ||||||
| 20 | permit the retailer to engage in a business that is taxable | ||||||
| 21 | under any ordinance or resolution enacted pursuant to this | ||||||
| 22 | subsection without registering separately with the Department | ||||||
| 23 | under such ordinance or resolution or under this subsection. | ||||||
| 24 | The Department of Revenue shall have full power to administer | ||||||
| 25 | and enforce this subsection; to collect all taxes and | ||||||
| 26 | penalties due under this subsection in the manner hereinafter | ||||||
| |||||||
| |||||||
| 1 | provided; and to determine all rights to credit memoranda | ||||||
| 2 | arising on account of the erroneous payment of tax or penalty | ||||||
| 3 | under this subsection. In the administration of, and | ||||||
| 4 | compliance with, this subsection, the Department and persons | ||||||
| 5 | who are subject to this subsection shall have the same rights, | ||||||
| 6 | remedies, privileges, immunities, powers and duties, and be | ||||||
| 7 | subject to the same conditions, restrictions, limitations, | ||||||
| 8 | penalties, exclusions, exemptions, and definitions of terms | ||||||
| 9 | and employ the same modes of procedure, as are prescribed in | ||||||
| 10 | Sections 1, 1a through 1o, 2 through 2-65 (in respect to all | ||||||
| 11 | provisions therein other than the State rate of tax), 2c | ||||||
| 12 | through 2h, 3 (except as to the disposition of taxes and | ||||||
| 13 | penalties collected, and except that the retailer's discount | ||||||
| 14 | is not allowed for taxes paid on aviation fuel that are subject | ||||||
| 15 | to the revenue use requirements of 49 U.S.C. 47107(b) and 49 | ||||||
| 16 | U.S.C. 47133), 4, 5, 5a, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 5k, 5l, 6, | ||||||
| 17 | 6a, 6b, 6c, 7, 8, 9, 10, 11, 12, 13, and 14 of the Retailers' | ||||||
| 18 | Occupation Tax Act and all provisions of the Uniform Penalty | ||||||
| 19 | and Interest Act, as fully as if those provisions were set | ||||||
| 20 | forth herein. | ||||||
| 21 | Persons subject to any tax imposed under this subsection | ||||||
| 22 | may reimburse themselves for their seller's tax liability | ||||||
| 23 | under this subsection by separately stating the tax as an | ||||||
| 24 | additional charge, which charge may be stated in combination, | ||||||
| 25 | in a single amount, with State taxes that sellers are required | ||||||
| 26 | to collect under the Use Tax Act, in accordance with such | ||||||
| |||||||
| |||||||
| 1 | bracket schedules as the Department may prescribe. | ||||||
| 2 | Whenever the Department determines that a refund should be | ||||||
| 3 | made under this subsection to a claimant instead of issuing a | ||||||
| 4 | credit memorandum, the Department shall notify the State | ||||||
| 5 | Comptroller, who shall cause the order to be drawn for the | ||||||
| 6 | amount specified and to the person named in the notification | ||||||
| 7 | from the Department. The refund shall be paid by the State | ||||||
| 8 | Treasurer out of the business district retailers' occupation | ||||||
| 9 | tax fund or the Local Government Aviation Trust Fund, as | ||||||
| 10 | appropriate. | ||||||
| 11 | Except as otherwise provided in this paragraph, the | ||||||
| 12 | Department shall immediately pay over to the State Treasurer, | ||||||
| 13 | ex officio, as trustee, all taxes, penalties, and interest | ||||||
| 14 | collected under this subsection for deposit into the business | ||||||
| 15 | district retailers' occupation tax fund. Taxes and penalties | ||||||
| 16 | collected on aviation fuel sold on or after December 1, 2019, | ||||||
| 17 | shall be immediately paid over by the Department to the State | ||||||
| 18 | Treasurer, ex officio, as trustee, for deposit into the Local | ||||||
| 19 | Government Aviation Trust Fund. The Department shall only pay | ||||||
| 20 | moneys into the Local Government Aviation Trust Fund under | ||||||
| 21 | this Section for so long as the revenue use requirements of 49 | ||||||
| 22 | U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the | ||||||
| 23 | District. | ||||||
| 24 | As soon as possible after the first day of each month, | ||||||
| 25 | beginning January 1, 2011, upon certification of the | ||||||
| 26 | Department of Revenue, the Comptroller shall order | ||||||
| |||||||
| |||||||
| 1 | transferred, and the Treasurer shall transfer, to the STAR | ||||||
| 2 | Bonds Revenue Fund the local sales tax increment, as defined | ||||||
| 3 | in the Innovation Development and Economy Act, collected under | ||||||
| 4 | this subsection during the second preceding calendar month for | ||||||
| 5 | sales within a STAR bond district. | ||||||
| 6 | Upon certification of the Department of Revenue as | ||||||
| 7 | provided in the Capital Area Tourism Authority Act, the | ||||||
| 8 | Comptroller shall order transferred, and the Treasurer shall | ||||||
| 9 | transfer, to the Capital Area Tourism Bond Revenue Fund the | ||||||
| 10 | local sales tax contribution, as applicable and as defined in | ||||||
| 11 | the Capital Area Tourism Authority Act, collected under this | ||||||
| 12 | subsection during the second preceding calendar month for | ||||||
| 13 | sales within a Capital Area Tourism District. | ||||||
| 14 | After the monthly transfers transfer to the STAR Bonds | ||||||
| 15 | Revenue Fund and the Capital Area Tourism Bond Revenue Fund, | ||||||
| 16 | on or before the 25th day of each calendar month, the | ||||||
| 17 | Department shall prepare and certify to the Comptroller the | ||||||
| 18 | disbursement of stated sums of money to named municipalities | ||||||
| 19 | from the business district retailers' occupation tax fund, the | ||||||
| 20 | municipalities to be those from which retailers have paid | ||||||
| 21 | taxes or penalties under this subsection to the Department | ||||||
| 22 | during the second preceding calendar month. The amount to be | ||||||
| 23 | paid to each municipality shall be the amount (not including | ||||||
| 24 | credit memoranda and not including taxes and penalties | ||||||
| 25 | collected on aviation fuel sold on or after December 1, 2019) | ||||||
| 26 | collected under this subsection during the second preceding | ||||||
| |||||||
| |||||||
| 1 | calendar month by the Department plus an amount the Department | ||||||
| 2 | determines is necessary to offset any amounts that were | ||||||
| 3 | erroneously paid to a different taxing body, and not including | ||||||
| 4 | an amount equal to the amount of refunds made during the second | ||||||
| 5 | preceding calendar month by the Department, less 2% of that | ||||||
| 6 | amount (except the amount collected on aviation fuel sold on | ||||||
| 7 | or after December 1, 2019), which shall be deposited into the | ||||||
| 8 | Tax Compliance and Administration Fund and shall be used by | ||||||
| 9 | the Department, subject to appropriation, to cover the costs | ||||||
| 10 | of the Department in administering and enforcing the | ||||||
| 11 | provisions of this subsection, on behalf of such municipality, | ||||||
| 12 | and not including any amount that the Department determines is | ||||||
| 13 | necessary to offset any amounts that were payable to a | ||||||
| 14 | different taxing body but were erroneously paid to the | ||||||
| 15 | municipality, and not including any amounts that are | ||||||
| 16 | transferred to the STAR Bonds Revenue Fund or the Capital Area | ||||||
| 17 | Tourism Bond Revenue Fund. Within 10 days after receipt by the | ||||||
| 18 | Comptroller of the disbursement certification to the | ||||||
| 19 | municipalities provided for in this subsection to be given to | ||||||
| 20 | the Comptroller by the Department, the Comptroller shall cause | ||||||
| 21 | the orders to be drawn for the respective amounts in | ||||||
| 22 | accordance with the directions contained in the certification. | ||||||
| 23 | The proceeds of the tax paid to municipalities under this | ||||||
| 24 | subsection shall be deposited into the Business District Tax | ||||||
| 25 | Allocation Fund by the municipality. | ||||||
| 26 | An ordinance imposing or discontinuing the tax under this | ||||||
| |||||||
| |||||||
| 1 | subsection or effecting a change in the rate thereof shall | ||||||
| 2 | either (i) be adopted and a certified copy thereof filed with | ||||||
| 3 | the Department on or before the first day of April, whereupon | ||||||
| 4 | the Department, if all other requirements of this subsection | ||||||
| 5 | are met, shall proceed to administer and enforce this | ||||||
| 6 | subsection as of the first day of July next following the | ||||||
| 7 | adoption and filing; or (ii) be adopted and a certified copy | ||||||
| 8 | thereof filed with the Department on or before the first day of | ||||||
| 9 | October, whereupon, if all other requirements of this | ||||||
| 10 | subsection are met, the Department shall proceed to administer | ||||||
| 11 | and enforce this subsection as of the first day of January next | ||||||
| 12 | following the adoption and filing. | ||||||
| 13 | The Department of Revenue shall not administer or enforce | ||||||
| 14 | an ordinance imposing, discontinuing, or changing the rate of | ||||||
| 15 | the tax under this subsection, until the municipality also | ||||||
| 16 | provides, in the manner prescribed by the Department, the | ||||||
| 17 | boundaries of the business district and each address in the | ||||||
| 18 | business district in such a way that the Department can | ||||||
| 19 | determine by its address whether a business is located in the | ||||||
| 20 | business district. The municipality must provide this boundary | ||||||
| 21 | and address information to the Department on or before April 1 | ||||||
| 22 | for administration and enforcement of the tax under this | ||||||
| 23 | subsection by the Department beginning on the following July 1 | ||||||
| 24 | and on or before October 1 for administration and enforcement | ||||||
| 25 | of the tax under this subsection by the Department beginning | ||||||
| 26 | on the following January 1. The Department of Revenue shall | ||||||
| |||||||
| |||||||
| 1 | not administer or enforce any change made to the boundaries of | ||||||
| 2 | a business district or address change, addition, or deletion | ||||||
| 3 | until the municipality reports the boundary change or address | ||||||
| 4 | change, addition, or deletion to the Department in the manner | ||||||
| 5 | prescribed by the Department. The municipality must provide | ||||||
| 6 | this boundary change information or address change, addition, | ||||||
| 7 | or deletion to the Department on or before April 1 for | ||||||
| 8 | administration and enforcement by the Department of the change | ||||||
| 9 | beginning on the following July 1 and on or before October 1 | ||||||
| 10 | for administration and enforcement by the Department of the | ||||||
| 11 | change beginning on the following January 1. The retailers in | ||||||
| 12 | the business district shall be responsible for charging the | ||||||
| 13 | tax imposed under this subsection. If a retailer is | ||||||
| 14 | incorrectly included or excluded from the list of those | ||||||
| 15 | required to collect the tax under this subsection, both the | ||||||
| 16 | Department of Revenue and the retailer shall be held harmless | ||||||
| 17 | if they reasonably relied on information provided by the | ||||||
| 18 | municipality. | ||||||
| 19 | A municipality that imposes the tax under this subsection | ||||||
| 20 | must submit to the Department of Revenue any other information | ||||||
| 21 | as the Department may require for the administration and | ||||||
| 22 | enforcement of the tax. | ||||||
| 23 | When certifying the amount of a monthly disbursement to a | ||||||
| 24 | municipality under this subsection, the Department shall | ||||||
| 25 | increase or decrease the amount by an amount necessary to | ||||||
| 26 | offset any misallocation of previous disbursements. The offset | ||||||
| |||||||
| |||||||
| 1 | amount shall be the amount erroneously disbursed within the | ||||||
| 2 | previous 6 months from the time a misallocation is discovered. | ||||||
| 3 | Nothing in this subsection shall be construed to authorize | ||||||
| 4 | the municipality to impose a tax upon the privilege of | ||||||
| 5 | engaging in any business which under the Constitution of the | ||||||
| 6 | United States may not be made the subject of taxation by this | ||||||
| 7 | State. | ||||||
| 8 | If a tax is imposed under this subsection (b), a tax shall | ||||||
| 9 | also be imposed under subsection (c) of this Section. | ||||||
| 10 | (c) If a tax has been imposed under subsection (b), a | ||||||
| 11 | Business District Service Occupation Tax shall also be imposed | ||||||
| 12 | upon all persons engaged, in the business district, in the | ||||||
| 13 | business of making sales of service, who, as an incident to | ||||||
| 14 | making those sales of service, transfer tangible personal | ||||||
| 15 | property within the business district, either in the form of | ||||||
| 16 | tangible personal property or in the form of real estate as an | ||||||
| 17 | incident to a sale of service. The tax shall be imposed at the | ||||||
| 18 | same rate as the tax imposed in subsection (b) and shall not | ||||||
| 19 | exceed 1% of the selling price of tangible personal property | ||||||
| 20 | so transferred within the business district, to be imposed | ||||||
| 21 | only in 0.25% increments. The tax may not be imposed on | ||||||
| 22 | tangible personal property taxed at the 1% rate under the | ||||||
| 23 | Service Occupation Tax Act (or at the 0% rate imposed under | ||||||
| 24 | this amendatory Act of the 102nd General Assembly). Beginning | ||||||
| 25 | December 1, 2019, this tax is not imposed on sales of aviation | ||||||
| 26 | fuel unless the tax revenue is expended for airport-related | ||||||
| |||||||
| |||||||
| 1 | purposes. If the District does not have an airport-related | ||||||
| 2 | purpose to which it dedicates aviation fuel tax revenue, then | ||||||
| 3 | aviation fuel is excluded from the tax. Each municipality must | ||||||
| 4 | comply with the certification requirements for airport-related | ||||||
| 5 | purposes under Section 2-22 of the Retailers' Occupation Tax | ||||||
| 6 | Act. For purposes of this Act, "airport-related purposes" has | ||||||
| 7 | the meaning ascribed in Section 6z-20.2 of the State Finance | ||||||
| 8 | Act. Beginning January 1, 2021, this tax is not imposed on | ||||||
| 9 | sales of aviation fuel for so long as the revenue use | ||||||
| 10 | requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are | ||||||
| 11 | binding on the District. | ||||||
| 12 | The tax imposed under this subsection and all civil | ||||||
| 13 | penalties that may be assessed as an incident thereof shall be | ||||||
| 14 | collected and enforced by the Department of Revenue. The | ||||||
| 15 | certificate of registration which is issued by the Department | ||||||
| 16 | to a retailer under the Retailers' Occupation Tax Act or under | ||||||
| 17 | the Service Occupation Tax Act shall permit such registrant to | ||||||
| 18 | engage in a business which is taxable under any ordinance or | ||||||
| 19 | resolution enacted pursuant to this subsection without | ||||||
| 20 | registering separately with the Department under such | ||||||
| 21 | ordinance or resolution or under this subsection. The | ||||||
| 22 | Department of Revenue shall have full power to administer and | ||||||
| 23 | enforce this subsection; to collect all taxes and penalties | ||||||
| 24 | due under this subsection; to dispose of taxes and penalties | ||||||
| 25 | so collected in the manner hereinafter provided; and to | ||||||
| 26 | determine all rights to credit memoranda arising on account of | ||||||
| |||||||
| |||||||
| 1 | the erroneous payment of tax or penalty under this subsection. | ||||||
| 2 | In the administration of, and compliance with this subsection, | ||||||
| 3 | the Department and persons who are subject to this subsection | ||||||
| 4 | shall have the same rights, remedies, privileges, immunities, | ||||||
| 5 | powers and duties, and be subject to the same conditions, | ||||||
| 6 | restrictions, limitations, penalties, exclusions, exemptions, | ||||||
| 7 | and definitions of terms and employ the same modes of | ||||||
| 8 | procedure as are prescribed in Sections 2, 2a through 2d, 3 | ||||||
| 9 | through 3-50 (in respect to all provisions therein other than | ||||||
| 10 | the State rate of tax), 4 (except that the reference to the | ||||||
| 11 | State shall be to the business district), 5, 7, 8 (except that | ||||||
| 12 | the jurisdiction to which the tax shall be a debt to the extent | ||||||
| 13 | indicated in that Section 8 shall be the municipality), 9 | ||||||
| 14 | (except as to the disposition of taxes and penalties | ||||||
| 15 | collected, and except that the returned merchandise credit for | ||||||
| 16 | this tax may not be taken against any State tax, and except | ||||||
| 17 | that the retailer's discount is not allowed for taxes paid on | ||||||
| 18 | aviation fuel that are subject to the revenue use requirements | ||||||
| 19 | of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 10, 11, 12 (except | ||||||
| 20 | the reference therein to Section 2b of the Retailers' | ||||||
| 21 | Occupation Tax Act), 13 (except that any reference to the | ||||||
| 22 | State shall mean the municipality), the first paragraph of | ||||||
| 23 | Section 15, and Sections 16, 17, 18, 19 and 20 of the Service | ||||||
| 24 | Occupation Tax Act and all provisions of the Uniform Penalty | ||||||
| 25 | and Interest Act, as fully as if those provisions were set | ||||||
| 26 | forth herein. | ||||||
| |||||||
| |||||||
| 1 | Persons subject to any tax imposed under the authority | ||||||
| 2 | granted in this subsection may reimburse themselves for their | ||||||
| 3 | serviceman's tax liability hereunder by separately stating the | ||||||
| 4 | tax as an additional charge, which charge may be stated in | ||||||
| 5 | combination, in a single amount, with State tax that | ||||||
| 6 | servicemen are authorized to collect under the Service Use Tax | ||||||
| 7 | Act, in accordance with such bracket schedules as the | ||||||
| 8 | Department may prescribe. | ||||||
| 9 | Whenever the Department determines that a refund should be | ||||||
| 10 | made under this subsection to a claimant instead of issuing | ||||||
| 11 | credit memorandum, the Department shall notify the State | ||||||
| 12 | Comptroller, who shall cause the order to be drawn for the | ||||||
| 13 | amount specified, and to the person named, in such | ||||||
| 14 | notification from the Department. Such refund shall be paid by | ||||||
| 15 | the State Treasurer out of the business district retailers' | ||||||
| 16 | occupation tax fund or the Local Government Aviation Trust | ||||||
| 17 | Fund, as appropriate. | ||||||
| 18 | Except as otherwise provided in this paragraph, the | ||||||
| 19 | Department shall forthwith pay over to the State Treasurer, | ||||||
| 20 | ex-officio, as trustee, all taxes, penalties, and interest | ||||||
| 21 | collected under this subsection for deposit into the business | ||||||
| 22 | district retailers' occupation tax fund. Taxes and penalties | ||||||
| 23 | collected on aviation fuel sold on or after December 1, 2019, | ||||||
| 24 | shall be immediately paid over by the Department to the State | ||||||
| 25 | Treasurer, ex officio, as trustee, for deposit into the Local | ||||||
| 26 | Government Aviation Trust Fund. The Department shall only pay | ||||||
| |||||||
| |||||||
| 1 | moneys into the Local Government Aviation Trust Fund under | ||||||
| 2 | this Section for so long as the revenue use requirements of 49 | ||||||
| 3 | U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the | ||||||
| 4 | District. | ||||||
| 5 | As soon as possible after the first day of each month, | ||||||
| 6 | beginning January 1, 2011, upon certification of the | ||||||
| 7 | Department of Revenue, the Comptroller shall order | ||||||
| 8 | transferred, and the Treasurer shall transfer, to the STAR | ||||||
| 9 | Bonds Revenue Fund the local sales tax increment, as defined | ||||||
| 10 | in the Innovation Development and Economy Act, collected under | ||||||
| 11 | this subsection during the second preceding calendar month for | ||||||
| 12 | sales within a STAR bond district. | ||||||
| 13 | After the monthly transfer to the STAR Bonds Revenue Fund, | ||||||
| 14 | on or before the 25th day of each calendar month, the | ||||||
| 15 | Department shall prepare and certify to the Comptroller the | ||||||
| 16 | disbursement of stated sums of money to named municipalities | ||||||
| 17 | from the business district retailers' occupation tax fund, the | ||||||
| 18 | municipalities to be those from which suppliers and servicemen | ||||||
| 19 | have paid taxes or penalties under this subsection to the | ||||||
| 20 | Department during the second preceding calendar month. The | ||||||
| 21 | amount to be paid to each municipality shall be the amount (not | ||||||
| 22 | including credit memoranda and not including taxes and | ||||||
| 23 | penalties collected on aviation fuel sold on or after December | ||||||
| 24 | 1, 2019) collected under this subsection during the second | ||||||
| 25 | preceding calendar month by the Department, less 2% of that | ||||||
| 26 | amount (except the amount collected on aviation fuel sold on | ||||||
| |||||||
| |||||||
| 1 | or after December 1, 2019), which shall be deposited into the | ||||||
| 2 | Tax Compliance and Administration Fund and shall be used by | ||||||
| 3 | the Department, subject to appropriation, to cover the costs | ||||||
| 4 | of the Department in administering and enforcing the | ||||||
| 5 | provisions of this subsection, and not including an amount | ||||||
| 6 | equal to the amount of refunds made during the second | ||||||
| 7 | preceding calendar month by the Department on behalf of such | ||||||
| 8 | municipality, and not including any amounts that are | ||||||
| 9 | transferred to the STAR Bonds Revenue Fund. Within 10 days | ||||||
| 10 | after receipt, by the Comptroller, of the disbursement | ||||||
| 11 | certification to the municipalities, provided for in this | ||||||
| 12 | subsection to be given to the Comptroller by the Department, | ||||||
| 13 | the Comptroller shall cause the orders to be drawn for the | ||||||
| 14 | respective amounts in accordance with the directions contained | ||||||
| 15 | in such certification. The proceeds of the tax paid to | ||||||
| 16 | municipalities under this subsection shall be deposited into | ||||||
| 17 | the Business District Tax Allocation Fund by the municipality. | ||||||
| 18 | An ordinance imposing or discontinuing the tax under this | ||||||
| 19 | subsection or effecting a change in the rate thereof shall | ||||||
| 20 | either (i) be adopted and a certified copy thereof filed with | ||||||
| 21 | the Department on or before the first day of April, whereupon | ||||||
| 22 | the Department, if all other requirements of this subsection | ||||||
| 23 | are met, shall proceed to administer and enforce this | ||||||
| 24 | subsection as of the first day of July next following the | ||||||
| 25 | adoption and filing; or (ii) be adopted and a certified copy | ||||||
| 26 | thereof filed with the Department on or before the first day of | ||||||
| |||||||
| |||||||
| 1 | October, whereupon, if all other conditions of this subsection | ||||||
| 2 | are met, the Department shall proceed to administer and | ||||||
| 3 | enforce this subsection as of the first day of January next | ||||||
| 4 | following the adoption and filing. | ||||||
| 5 | The Department of Revenue shall not administer or enforce | ||||||
| 6 | an ordinance imposing, discontinuing, or changing the rate of | ||||||
| 7 | the tax under this subsection, until the municipality also | ||||||
| 8 | provides, in the manner prescribed by the Department, the | ||||||
| 9 | boundaries of the business district in such a way that the | ||||||
| 10 | Department can determine by its address whether a business is | ||||||
| 11 | located in the business district. The municipality must | ||||||
| 12 | provide this boundary and address information to the | ||||||
| 13 | Department on or before April 1 for administration and | ||||||
| 14 | enforcement of the tax under this subsection by the Department | ||||||
| 15 | beginning on the following July 1 and on or before October 1 | ||||||
| 16 | for administration and enforcement of the tax under this | ||||||
| 17 | subsection by the Department beginning on the following | ||||||
| 18 | January 1. The Department of Revenue shall not administer or | ||||||
| 19 | enforce any change made to the boundaries of a business | ||||||
| 20 | district or address change, addition, or deletion until the | ||||||
| 21 | municipality reports the boundary change or address change, | ||||||
| 22 | addition, or deletion to the Department in the manner | ||||||
| 23 | prescribed by the Department. The municipality must provide | ||||||
| 24 | this boundary change information or address change, addition, | ||||||
| 25 | or deletion to the Department on or before April 1 for | ||||||
| 26 | administration and enforcement by the Department of the change | ||||||
| |||||||
| |||||||
| 1 | beginning on the following July 1 and on or before October 1 | ||||||
| 2 | for administration and enforcement by the Department of the | ||||||
| 3 | change beginning on the following January 1. The retailers in | ||||||
| 4 | the business district shall be responsible for charging the | ||||||
| 5 | tax imposed under this subsection. If a retailer is | ||||||
| 6 | incorrectly included or excluded from the list of those | ||||||
| 7 | required to collect the tax under this subsection, both the | ||||||
| 8 | Department of Revenue and the retailer shall be held harmless | ||||||
| 9 | if they reasonably relied on information provided by the | ||||||
| 10 | municipality. | ||||||
| 11 | A municipality that imposes the tax under this subsection | ||||||
| 12 | must submit to the Department of Revenue any other information | ||||||
| 13 | as the Department may require for the administration and | ||||||
| 14 | enforcement of the tax. | ||||||
| 15 | Nothing in this subsection shall be construed to authorize | ||||||
| 16 | the municipality to impose a tax upon the privilege of | ||||||
| 17 | engaging in any business which under the Constitution of the | ||||||
| 18 | United States may not be made the subject of taxation by the | ||||||
| 19 | State. | ||||||
| 20 | If a tax is imposed under this subsection (c), a tax shall | ||||||
| 21 | also be imposed under subsection (b) of this Section. | ||||||
| 22 | (c-5) If, on January 1, 2025, a unit of local government | ||||||
| 23 | has in effect a tax under this Section, or if, after January 1, | ||||||
| 24 | 2025, a unit of local government imposes a tax under this | ||||||
| 25 | Section, then that tax applies to leases of tangible personal | ||||||
| 26 | property in effect, entered into, or renewed on or after that | ||||||
| |||||||
| |||||||
| 1 | date in the same manner as the tax under this Section and in | ||||||
| 2 | accordance with the changes made by this amendatory Act of the | ||||||
| 3 | 103rd General Assembly. | ||||||
| 4 | (d) By ordinance, a municipality that has designated a | ||||||
| 5 | business district under this Law may impose an occupation tax | ||||||
| 6 | upon all persons engaged in the business district in the | ||||||
| 7 | business of renting, leasing, or letting rooms in a hotel, as | ||||||
| 8 | defined in the Hotel Operators' Occupation Tax Act, at a rate | ||||||
| 9 | not to exceed 1% of the gross rental receipts from the renting, | ||||||
| 10 | leasing, or letting of hotel rooms within the business | ||||||
| 11 | district, to be imposed only in 0.25% increments, excluding, | ||||||
| 12 | however, from gross rental receipts the proceeds of renting, | ||||||
| 13 | leasing, or letting to permanent residents of a hotel, as | ||||||
| 14 | defined in the Hotel Operators' Occupation Tax Act, and | ||||||
| 15 | proceeds from the tax imposed under subsection (c) of Section | ||||||
| 16 | 13 of the Metropolitan Pier and Exposition Authority Act. | ||||||
| 17 | The tax imposed by the municipality under this subsection | ||||||
| 18 | and all civil penalties that may be assessed as an incident to | ||||||
| 19 | that tax shall be collected and enforced by the municipality | ||||||
| 20 | imposing the tax. The municipality shall have full power to | ||||||
| 21 | administer and enforce this subsection, to collect all taxes | ||||||
| 22 | and penalties due under this subsection, to dispose of taxes | ||||||
| 23 | and penalties so collected in the manner provided in this | ||||||
| 24 | subsection, and to determine all rights to credit memoranda | ||||||
| 25 | arising on account of the erroneous payment of tax or penalty | ||||||
| 26 | under this subsection. In the administration of and compliance | ||||||
| |||||||
| |||||||
| 1 | with this subsection, the municipality and persons who are | ||||||
| 2 | subject to this subsection shall have the same rights, | ||||||
| 3 | remedies, privileges, immunities, powers, and duties, shall be | ||||||
| 4 | subject to the same conditions, restrictions, limitations, | ||||||
| 5 | penalties, and definitions of terms, and shall employ the same | ||||||
| 6 | modes of procedure as are employed with respect to a tax | ||||||
| 7 | adopted by the municipality under Section 8-3-14 of this Code. | ||||||
| 8 | Persons subject to any tax imposed under the authority | ||||||
| 9 | granted in this subsection may reimburse themselves for their | ||||||
| 10 | tax liability for that tax by separately stating that tax as an | ||||||
| 11 | additional charge, which charge may be stated in combination, | ||||||
| 12 | in a single amount, with State taxes imposed under the Hotel | ||||||
| 13 | Operators' Occupation Tax Act, and with any other tax. | ||||||
| 14 | Nothing in this subsection shall be construed to authorize | ||||||
| 15 | a municipality to impose a tax upon the privilege of engaging | ||||||
| 16 | in any business which under the Constitution of the United | ||||||
| 17 | States may not be made the subject of taxation by this State. | ||||||
| 18 | The proceeds of the tax imposed under this subsection | ||||||
| 19 | shall be deposited into the Business District Tax Allocation | ||||||
| 20 | Fund. | ||||||
| 21 | (e) Obligations secured by the Business District Tax | ||||||
| 22 | Allocation Fund may be issued to provide for the payment or | ||||||
| 23 | reimbursement of business district project costs. Those | ||||||
| 24 | obligations, when so issued, shall be retired in the manner | ||||||
| 25 | provided in the ordinance authorizing the issuance of those | ||||||
| 26 | obligations by the receipts of taxes imposed pursuant to | ||||||
| |||||||
| |||||||
| 1 | subsections (10) and (11) of Section 11-74.3-3 and by other | ||||||
| 2 | revenue designated or pledged by the municipality. A | ||||||
| 3 | municipality may in the ordinance pledge, for any period of | ||||||
| 4 | time up to and including the dissolution date, all or any part | ||||||
| 5 | of the funds in and to be deposited in the Business District | ||||||
| 6 | Tax Allocation Fund to the payment of business district | ||||||
| 7 | project costs and obligations. Whenever a municipality pledges | ||||||
| 8 | all of the funds to the credit of a business district tax | ||||||
| 9 | allocation fund to secure obligations issued or to be issued | ||||||
| 10 | to pay or reimburse business district project costs, the | ||||||
| 11 | municipality may specifically provide that funds remaining to | ||||||
| 12 | the credit of such business district tax allocation fund after | ||||||
| 13 | the payment of such obligations shall be accounted for | ||||||
| 14 | annually and shall be deemed to be "surplus" funds, and such | ||||||
| 15 | "surplus" funds shall be expended by the municipality for any | ||||||
| 16 | business district project cost as approved in the business | ||||||
| 17 | district plan. Whenever a municipality pledges less than all | ||||||
| 18 | of the monies to the credit of a business district tax | ||||||
| 19 | allocation fund to secure obligations issued or to be issued | ||||||
| 20 | to pay or reimburse business district project costs, the | ||||||
| 21 | municipality shall provide that monies to the credit of the | ||||||
| 22 | business district tax allocation fund and not subject to such | ||||||
| 23 | pledge or otherwise encumbered or required for payment of | ||||||
| 24 | contractual obligations for specific business district project | ||||||
| 25 | costs shall be calculated annually and shall be deemed to be | ||||||
| 26 | "surplus" funds, and such "surplus" funds shall be expended by | ||||||
| |||||||
| |||||||
| 1 | the municipality for any business district project cost as | ||||||
| 2 | approved in the business district plan. | ||||||
| 3 | No obligation issued pursuant to this Law and secured by a | ||||||
| 4 | pledge of all or any portion of any revenues received or to be | ||||||
| 5 | received by the municipality from the imposition of taxes | ||||||
| 6 | pursuant to subsection (10) of Section 11-74.3-3, shall be | ||||||
| 7 | deemed to constitute an economic incentive agreement under | ||||||
| 8 | Section 8-11-20, notwithstanding the fact that such pledge | ||||||
| 9 | provides for the sharing, rebate, or payment of retailers' | ||||||
| 10 | occupation taxes or service occupation taxes imposed pursuant | ||||||
| 11 | to subsection (10) of Section 11-74.3-3 and received or to be | ||||||
| 12 | received by the municipality from the development or | ||||||
| 13 | redevelopment of properties in the business district. | ||||||
| 14 | Without limiting the foregoing in this Section, the | ||||||
| 15 | municipality may further secure obligations secured by the | ||||||
| 16 | business district tax allocation fund with a pledge, for a | ||||||
| 17 | period not greater than the term of the obligations and in any | ||||||
| 18 | case not longer than the dissolution date, of any part or any | ||||||
| 19 | combination of the following: (i) net revenues of all or part | ||||||
| 20 | of any business district project; (ii) taxes levied or imposed | ||||||
| 21 | by the municipality on any or all property in the | ||||||
| 22 | municipality, including, specifically, taxes levied or imposed | ||||||
| 23 | by the municipality in a special service area pursuant to the | ||||||
| 24 | Special Service Area Tax Law; (iii) the full faith and credit | ||||||
| 25 | of the municipality; (iv) a mortgage on part or all of the | ||||||
| 26 | business district project; or (v) any other taxes or | ||||||
| |||||||
| |||||||
| 1 | anticipated receipts that the municipality may lawfully | ||||||
| 2 | pledge. | ||||||
| 3 | Such obligations may be issued in one or more series, bear | ||||||
| 4 | such date or dates, become due at such time or times as therein | ||||||
| 5 | provided, but in any case not later than (i) 20 years after the | ||||||
| 6 | date of issue or (ii) the dissolution date, whichever is | ||||||
| 7 | earlier, bear interest payable at such intervals and at such | ||||||
| 8 | rate or rates as set forth therein, except as may be limited by | ||||||
| 9 | applicable law, which rate or rates may be fixed or variable, | ||||||
| 10 | be in such denominations, be in such form, either coupon, | ||||||
| 11 | registered, or book-entry, carry such conversion, registration | ||||||
| 12 | and exchange privileges, be subject to defeasance upon such | ||||||
| 13 | terms, have such rank or priority, be executed in such manner, | ||||||
| 14 | be payable in such medium or payment at such place or places | ||||||
| 15 | within or without the State, make provision for a corporate | ||||||
| 16 | trustee within or without the State with respect to such | ||||||
| 17 | obligations, prescribe the rights, powers, and duties thereof | ||||||
| 18 | to be exercised for the benefit of the municipality and the | ||||||
| 19 | benefit of the owners of such obligations, provide for the | ||||||
| 20 | holding in trust, investment, and use of moneys, funds, and | ||||||
| 21 | accounts held under an ordinance, provide for assignment of | ||||||
| 22 | and direct payment of the moneys to pay such obligations or to | ||||||
| 23 | be deposited into such funds or accounts directly to such | ||||||
| 24 | trustee, be subject to such terms of redemption with or | ||||||
| 25 | without premium, and be sold at such price, all as the | ||||||
| 26 | corporate authorities shall determine. No referendum approval | ||||||
| |||||||
| |||||||
| 1 | of the electors shall be required as a condition to the | ||||||
| 2 | issuance of obligations pursuant to this Law except as | ||||||
| 3 | provided in this Section. | ||||||
| 4 | In the event the municipality authorizes the issuance of | ||||||
| 5 | obligations pursuant to the authority of this Law secured by | ||||||
| 6 | the full faith and credit of the municipality, or pledges ad | ||||||
| 7 | valorem taxes pursuant to this subsection, which obligations | ||||||
| 8 | are other than obligations which may be issued under home rule | ||||||
| 9 | powers provided by Section 6 of Article VII of the Illinois | ||||||
| 10 | Constitution or which ad valorem taxes are other than ad | ||||||
| 11 | valorem taxes which may be pledged under home rule powers | ||||||
| 12 | provided by Section 6 of Article VII of the Illinois | ||||||
| 13 | Constitution or which are levied in a special service area | ||||||
| 14 | pursuant to the Special Service Area Tax Law, the ordinance | ||||||
| 15 | authorizing the issuance of those obligations or pledging | ||||||
| 16 | those taxes shall be published within 10 days after the | ||||||
| 17 | ordinance has been adopted, in a newspaper having a general | ||||||
| 18 | circulation within the municipality. The publication of the | ||||||
| 19 | ordinance shall be accompanied by a notice of (i) the specific | ||||||
| 20 | number of voters required to sign a petition requesting the | ||||||
| 21 | question of the issuance of the obligations or pledging such | ||||||
| 22 | ad valorem taxes to be submitted to the electors; (ii) the time | ||||||
| 23 | within which the petition must be filed; and (iii) the date of | ||||||
| 24 | the prospective referendum. The municipal clerk shall provide | ||||||
| 25 | a petition form to any individual requesting one. | ||||||
| 26 | If no petition is filed with the municipal clerk, as | ||||||
| |||||||
| |||||||
| 1 | hereinafter provided in this Section, within 21 days after the | ||||||
| 2 | publication of the ordinance, the ordinance shall be in | ||||||
| 3 | effect. However, if within that 21-day period a petition is | ||||||
| 4 | filed with the municipal clerk, signed by electors numbering | ||||||
| 5 | not less than 15% of the number of electors voting for the | ||||||
| 6 | mayor or president at the last general municipal election, | ||||||
| 7 | asking that the question of issuing obligations using full | ||||||
| 8 | faith and credit of the municipality as security for the cost | ||||||
| 9 | of paying or reimbursing business district project costs, or | ||||||
| 10 | of pledging such ad valorem taxes for the payment of those | ||||||
| 11 | obligations, or both, be submitted to the electors of the | ||||||
| 12 | municipality, the municipality shall not be authorized to | ||||||
| 13 | issue obligations of the municipality using the full faith and | ||||||
| 14 | credit of the municipality as security or pledging such ad | ||||||
| 15 | valorem taxes for the payment of those obligations, or both, | ||||||
| 16 | until the proposition has been submitted to and approved by a | ||||||
| 17 | majority of the voters voting on the proposition at a | ||||||
| 18 | regularly scheduled election. The municipality shall certify | ||||||
| 19 | the proposition to the proper election authorities for | ||||||
| 20 | submission in accordance with the general election law. | ||||||
| 21 | The ordinance authorizing the obligations may provide that | ||||||
| 22 | the obligations shall contain a recital that they are issued | ||||||
| 23 | pursuant to this Law, which recital shall be conclusive | ||||||
| 24 | evidence of their validity and of the regularity of their | ||||||
| 25 | issuance. | ||||||
| 26 | In the event the municipality authorizes issuance of | ||||||
| |||||||
| |||||||
| 1 | obligations pursuant to this Law secured by the full faith and | ||||||
| 2 | credit of the municipality, the ordinance authorizing the | ||||||
| 3 | obligations may provide for the levy and collection of a | ||||||
| 4 | direct annual tax upon all taxable property within the | ||||||
| 5 | municipality sufficient to pay the principal thereof and | ||||||
| 6 | interest thereon as it matures, which levy may be in addition | ||||||
| 7 | to and exclusive of the maximum of all other taxes authorized | ||||||
| 8 | to be levied by the municipality, which levy, however, shall | ||||||
| 9 | be abated to the extent that monies from other sources are | ||||||
| 10 | available for payment of the obligations and the municipality | ||||||
| 11 | certifies the amount of those monies available to the county | ||||||
| 12 | clerk. | ||||||
| 13 | A certified copy of the ordinance shall be filed with the | ||||||
| 14 | county clerk of each county in which any portion of the | ||||||
| 15 | municipality is situated, and shall constitute the authority | ||||||
| 16 | for the extension and collection of the taxes to be deposited | ||||||
| 17 | in the business district tax allocation fund. | ||||||
| 18 | A municipality may also issue its obligations to refund, | ||||||
| 19 | in whole or in part, obligations theretofore issued by the | ||||||
| 20 | municipality under the authority of this Law, whether at or | ||||||
| 21 | prior to maturity. However, the last maturity of the refunding | ||||||
| 22 | obligations shall not be expressed to mature later than the | ||||||
| 23 | dissolution date. | ||||||
| 24 | In the event a municipality issues obligations under home | ||||||
| 25 | rule powers or other legislative authority, the proceeds of | ||||||
| 26 | which are pledged to pay or reimburse business district | ||||||
| |||||||
| |||||||
| 1 | project costs, the municipality may, if it has followed the | ||||||
| 2 | procedures in conformance with this Law, retire those | ||||||
| 3 | obligations from funds in the business district tax allocation | ||||||
| 4 | fund in amounts and in such manner as if those obligations had | ||||||
| 5 | been issued pursuant to the provisions of this Law. | ||||||
| 6 | No obligations issued pursuant to this Law shall be | ||||||
| 7 | regarded as indebtedness of the municipality issuing those | ||||||
| 8 | obligations or any other taxing district for the purpose of | ||||||
| 9 | any limitation imposed by law. | ||||||
| 10 | Obligations issued pursuant to this Law shall not be | ||||||
| 11 | subject to the provisions of the Bond Authorization Act. | ||||||
| 12 | (f) When business district project costs, including, | ||||||
| 13 | without limitation, all obligations paying or reimbursing | ||||||
| 14 | business district project costs have been paid, any surplus | ||||||
| 15 | funds then remaining in the Business District Tax Allocation | ||||||
| 16 | Fund shall be distributed to the municipal treasurer for | ||||||
| 17 | deposit into the general corporate fund of the municipality. | ||||||
| 18 | Upon payment of all business district project costs and | ||||||
| 19 | retirement of all obligations paying or reimbursing business | ||||||
| 20 | district project costs, but in no event more than 23 years | ||||||
| 21 | after the date of adoption of the ordinance imposing taxes | ||||||
| 22 | pursuant to subsection (10) or (11) of Section 11-74.3-3, the | ||||||
| 23 | municipality shall adopt an ordinance immediately rescinding | ||||||
| 24 | the taxes imposed pursuant to subsection (10) or (11) of | ||||||
| 25 | Section 11-74.3-3. | ||||||
| 26 | (Source: P.A. 102-700, eff. 4-19-22; 103-592, eff. 1-1-25.) | ||||||
| |||||||
| |||||||
| 1 | ARTICLE 10 | ||||||
| 2 | Section 10-1. Short title. This Article may be cited as | ||||||
| 3 | the Capital City Downtown Medical District Act. References in | ||||||
| 4 | this Article to "this Act" mean this Article. | ||||||
| 5 | Section 10-5. Findings. The General Assembly finds that | ||||||
| 6 | Springfield's distinctive role as Illinois' capital, a | ||||||
| 7 | regional medical destination, the home of President Abraham | ||||||
| 8 | Lincoln's Presidential Library and Museum, and a National | ||||||
| 9 | Historic Site warrants strengthened, structured collaboration | ||||||
| 10 | anchored by State government to advance medical, | ||||||
| 11 | entertainment, educational, legal, and public policy | ||||||
| 12 | priorities in the District. State and local governmental | ||||||
| 13 | bodies should encourage the leveraging of the District's | ||||||
| 14 | proximity to State government to support healthcare, civic, | ||||||
| 15 | legal, policy, and professional education activities that | ||||||
| 16 | advance the public benefit of all Illinoisans through public | ||||||
| 17 | service, workforce development, and downtown vitality. | ||||||
| 18 | Section 10-7. Definition. As used in this Act, unless the | ||||||
| 19 | context clearly requires otherwise, "District" means the | ||||||
| 20 | Capital City Downtown Medical District. | ||||||
| 21 | Section 10-10. Creation of District. There is created in | ||||||
| |||||||
| |||||||
| 1 | the City of Springfield a special development district to be | ||||||
| 2 | known as the Capital City Downtown Medical District, whose | ||||||
| 3 | boundaries are 11th Street on the east, North Grand Avenue on | ||||||
| 4 | the north, Walnut Street on the west, and South Grand Avenue on | ||||||
| 5 | the south, and which excludes: | ||||||
| 6 | (1) all local, State, and federal government properties; | ||||||
| 7 | and | ||||||
| 8 | (2) the area bounded by Washington Street on the north, | ||||||
| 9 | Third Street on the east, Cook Street on the South, and Walnut | ||||||
| 10 | Street on the west. | ||||||
| 11 | The District is created to help build and sustain a | ||||||
| 12 | vibrant and thriving downtown zone in the State's capital city | ||||||
| 13 | by encouraging economic development, by increasing the number | ||||||
| 14 | of people who reside, who are employed, who visit, and who | ||||||
| 15 | study within the District, and by increasing economic activity | ||||||
| 16 | in the heart of downtown Springfield through commercial | ||||||
| 17 | development, including mixed-use housing developments, | ||||||
| 18 | workforce housing, student housing, and middle-income housing | ||||||
| 19 | within walking distance of government facilities, healthcare | ||||||
| 20 | facilities, commercial facilities, and educational facilities | ||||||
| 21 | in and near the District. The District aims to support | ||||||
| 22 | revitalization in key sectors, including, but not limited to, | ||||||
| 23 | healthcare, education, research, technology, housing, retail | ||||||
| 24 | merchandising, restaurants, arts and culture, tourism, | ||||||
| 25 | historic preservation and public infrastructure, and to | ||||||
| 26 | improve and provide for the management of land and facilities | ||||||
| |||||||
| |||||||
| 1 | within the District. | ||||||
| 2 | Section 10-15. Capital City Downtown Medical District | ||||||
| 3 | Commission. | ||||||
| 4 | (a) There is created a body politic and corporate under | ||||||
| 5 | the corporate name of the Capital City Downtown Medical | ||||||
| 6 | District Commission whose general purpose, in addition to and | ||||||
| 7 | not in limitation of those purposes and powers set forth in | ||||||
| 8 | this Act, is to: | ||||||
| 9 | (1) maintain the proper surroundings of and within the | ||||||
| 10 | District in order to attract, stabilize, and retain within | ||||||
| 11 | the District facilities, buildings, enterprises, and other | ||||||
| 12 | establishments permitted under this Act; | ||||||
| 13 | (2) provide for the orderly creation, maintenance, | ||||||
| 14 | development, and expansion of (i) facilities, buildings, | ||||||
| 15 | enterprises, and other establishments permitted under this | ||||||
| 16 | Act and (ii) public infrastructure related to the use and | ||||||
| 17 | enjoyment of those facilities, buildings, enterprises, and | ||||||
| 18 | other establishments; | ||||||
| 19 | (3) convene dialogue among leaders in the public and | ||||||
| 20 | private sectors on topics and issues associated with | ||||||
| 21 | training in the delivery of services and related industry | ||||||
| 22 | in the District's program area; | ||||||
| 23 | (4) provide support for the attraction and creation of | ||||||
| 24 | new businesses and new jobs within the District; | ||||||
| 25 | (5) maintain the proper surroundings for a medical | ||||||
| |||||||
| |||||||
| 1 | center and a related technology center in order to | ||||||
| 2 | attract, stabilize, and retain within the District | ||||||
| 3 | hospitals, clinics, research facilities, educational | ||||||
| 4 | facilities, or other facilities permitted under this Act; | ||||||
| 5 | and | ||||||
| 6 | (6) employ agents and employees necessary to carry out | ||||||
| 7 | its purposes. | ||||||
| 8 | (b) The Commission has perpetual succession and the power | ||||||
| 9 | to contract and be contracted with, to sue and be sued, except | ||||||
| 10 | in actions sounding in tort, to plead and be impleaded, to have | ||||||
| 11 | and use a common seal, and to alter the same at pleasure. All | ||||||
| 12 | actions sounding in tort against the Commission shall be | ||||||
| 13 | prosecuted in the Court of Claims. The principal office of the | ||||||
| 14 | Commission shall be in the City of Springfield. | ||||||
| 15 | (c) The Commission shall consist of the following members: | ||||||
| 16 | (1) 5 members appointed by the Governor, with the | ||||||
| 17 | advice and consent of the Senate; | ||||||
| 18 | (2) 3 members appointed by the Mayor of Springfield, | ||||||
| 19 | with the advice and consent of the Springfield City | ||||||
| 20 | Council; and | ||||||
| 21 | (3) 3 members appointed by the Chairperson of the | ||||||
| 22 | County Board of Sangamon County. | ||||||
| 23 | One of each of the 3 members appointed by the Mayor of | ||||||
| 24 | Springfield and by the Chairperson of the County Board of | ||||||
| 25 | Sangamon County shall be a representative of a recognized | ||||||
| 26 | neighborhood organization that has a legitimate interest in | ||||||
| |||||||
| |||||||
| 1 | the development and improvement of the District, as determined | ||||||
| 2 | by the Mayor of the City of Springfield and the Chairperson of | ||||||
| 3 | the County Board of Sangamon County, respectively. The initial | ||||||
| 4 | members of the Commission appointed by the Governor shall be | ||||||
| 5 | appointed for terms ending, respectively, on the second, | ||||||
| 6 | third, fourth, fifth, and sixth anniversaries of their | ||||||
| 7 | appointments. The initial members appointed by the Mayor of | ||||||
| 8 | Springfield and by the Chairperson of the County Board of | ||||||
| 9 | Sangamon County shall be appointed for terms ending, | ||||||
| 10 | respectively, on the second, third, and fourth anniversaries | ||||||
| 11 | of their appointments. Thereafter, all the members shall be | ||||||
| 12 | appointed to hold office for a term of 5 years and until their | ||||||
| 13 | successors are appointed as provided in this Act. | ||||||
| 14 | (d) Any vacancy in the membership of the Commission | ||||||
| 15 | occurring by reason of the death, resignation, | ||||||
| 16 | disqualification, removal, or inability or refusal to act of | ||||||
| 17 | any of the members of the Commission shall be filled by the | ||||||
| 18 | authority that had appointed the particular member. The | ||||||
| 19 | authority that appointed the particular member shall appoint a | ||||||
| 20 | replacement to fill the vacancy for the unexpired term of | ||||||
| 21 | office of that particular member. A vacancy caused by the | ||||||
| 22 | expiration of the period for which the member was appointed | ||||||
| 23 | shall be filled by a new appointment for a term of 5 years from | ||||||
| 24 | the date of the expiration of the prior 5-year term | ||||||
| 25 | notwithstanding when the appointment is actually made. The | ||||||
| 26 | Commission shall obtain, under the provisions of the Personnel | ||||||
| |||||||
| |||||||
| 1 | Code, such personnel as the Commission shall deem advisable to | ||||||
| 2 | carry out the purposes of this Act and the work of the | ||||||
| 3 | Commission. | ||||||
| 4 | (e) The Commission shall hold regular meetings annually | ||||||
| 5 | for the election of a President, Vice-President, Secretary, | ||||||
| 6 | and Treasurer from among its members, for the adoption of a | ||||||
| 7 | budget, and for such other business as may properly come | ||||||
| 8 | before it. The Commission shall establish the duties and | ||||||
| 9 | responsibilities of its officers by rule. The President or any | ||||||
| 10 | 4 members of the Commission may call special meetings of the | ||||||
| 11 | Commission. Each Commissioner shall take an oath of office for | ||||||
| 12 | the faithful performance of his or her duties. The Commission | ||||||
| 13 | may not transact business at a meeting of the Commission | ||||||
| 14 | unless there is a quorum consisting of at least 6 | ||||||
| 15 | Commissioners present at the meeting. Meetings may be held by | ||||||
| 16 | telephone conference or by other means through which all | ||||||
| 17 | persons participating in the meeting can communicate with each | ||||||
| 18 | other. | ||||||
| 19 | (f) The Commission shall submit to the General Assembly, | ||||||
| 20 | not later than March 1 of each odd-numbered year, a detailed | ||||||
| 21 | report covering its operations for the 2 preceding calendar | ||||||
| 22 | years and a statement of its program for the next 2 years. The | ||||||
| 23 | requirement for reporting to the General Assembly shall be | ||||||
| 24 | satisfied by filing copies of the report as required by | ||||||
| 25 | Section 3.1 of the General Assembly Organization Act, and by | ||||||
| 26 | filing such additional copies with the State Government Report | ||||||
| |||||||
| |||||||
| 1 | Distribution Center for the General Assembly as is required | ||||||
| 2 | under paragraph (t) of Section 7 of the State Library Act. | ||||||
| 3 | (g) The Auditor General shall conduct audits of the | ||||||
| 4 | Commission in the same manner as the Auditor General conducts | ||||||
| 5 | audits of State agencies under the Illinois State Auditing | ||||||
| 6 | Act. | ||||||
| 7 | (h) Neither the Commission nor the District has any power | ||||||
| 8 | to tax. | ||||||
| 9 | (i) The Commission is a public body and subject to the Open | ||||||
| 10 | Meetings Act and the Freedom of Information Act. | ||||||
| 11 | Section 10-20. Grants; loans; contracts. The Commission | ||||||
| 12 | may apply for and accept grants, loans, or appropriations from | ||||||
| 13 | the State of Illinois, the federal government, any State or | ||||||
| 14 | federal agency or instrumentality, any unit of local | ||||||
| 15 | government, or any other person or entity to be used for any of | ||||||
| 16 | the purposes of the District. The Commission may enter into | ||||||
| 17 | any agreement with the State of Illinois, the federal | ||||||
| 18 | government, any State or federal instrumentality, any unit of | ||||||
| 19 | local government, or any other person or entity in relation to | ||||||
| 20 | the grants, matching grants, loans, or appropriations. The | ||||||
| 21 | Commission also may, by contractual agreement, accept and | ||||||
| 22 | collect assessments or fees from entities who enter into a | ||||||
| 23 | contractual agreement for District enhancement and | ||||||
| 24 | improvements, common area shared services, shared facilities, | ||||||
| 25 | or other activities or expenditures in furtherance of the | ||||||
| |||||||
| |||||||
| 1 | purposes of this Act. The Commission may provide assistance, | ||||||
| 2 | including grants, loans, land conveyances, and other | ||||||
| 3 | incentives to entities, including, but not limited to, | ||||||
| 4 | neighborhood organizations, to induce development and | ||||||
| 5 | revitalization consistent with this Act and for the purpose of | ||||||
| 6 | benefiting the community. The Commission may also provide | ||||||
| 7 | programmatic assistance, operational assistance, or facilities | ||||||
| 8 | to support academic, professional, and training programs | ||||||
| 9 | located within the District if it finds that such support | ||||||
| 10 | advances the purposes of this Act. | ||||||
| 11 | Section 10-25. Property; acquisition. The Commission may | ||||||
| 12 | acquire the fee simple title to real property lying within the | ||||||
| 13 | District and personal property required for its purposes, by | ||||||
| 14 | gift, donation, purchase, or otherwise. Title shall be taken | ||||||
| 15 | in the corporate name of the Commission. The Commission may | ||||||
| 16 | acquire, by lease or other means, any real property lying | ||||||
| 17 | within the District and personal property found by the | ||||||
| 18 | Commission to be necessary for its purposes and to which the | ||||||
| 19 | Commission finds that it need not acquire the fee simple title | ||||||
| 20 | for carrying out of those purposes. The Commission shall hold | ||||||
| 21 | a public hearing in accordance with Section 10-80 of this Act | ||||||
| 22 | before acquiring the title to property. All real and personal | ||||||
| 23 | property within the District, except that owned and used for | ||||||
| 24 | purposes authorized under this Act by medical institutions or | ||||||
| 25 | allied educational institutions, hospitals, dispensaries, | ||||||
| |||||||
| |||||||
| 1 | clinics, dormitories or homes for nurses, doctors, students, | ||||||
| 2 | instructors, or other officers or employees of those | ||||||
| 3 | institutions located in the District, or any real property | ||||||
| 4 | that is used for offices or for recreational purposes in | ||||||
| 5 | connection with those institutions, or any improved | ||||||
| 6 | residential property within a currently effective historical | ||||||
| 7 | district properly designated under a federal statute or a | ||||||
| 8 | State or local statute that has been certified by the | ||||||
| 9 | Secretary of the Interior to the Secretary of the Treasury as | ||||||
| 10 | containing criteria that will substantially achieve the | ||||||
| 11 | purpose of preserving and rehabilitating buildings of | ||||||
| 12 | historical significance to the district, may be acquired by | ||||||
| 13 | the Commission in its corporate name under the provisions for | ||||||
| 14 | the exercise of the right of eminent domain under the Eminent | ||||||
| 15 | Domain Act. The Commission may undertake environmental | ||||||
| 16 | remediation, demolition, site preparation, interim site | ||||||
| 17 | management, and other predevelopment activities necessary to | ||||||
| 18 | prepare property for redevelopment, transfer, or related | ||||||
| 19 | activities. The Commission has no quick-take powers, no zoning | ||||||
| 20 | powers, and no power to establish or enforce building codes. | ||||||
| 21 | The Commission may not acquire any property pursuant to this | ||||||
| 22 | Section before a comprehensive master plan has been approved | ||||||
| 23 | under Section 10-75. | ||||||
| 24 | Section 10-30. Construction. After a public hearing in | ||||||
| 25 | accordance with Section 10-80 of this Act, the Commission may, | ||||||
| |||||||
| |||||||
| 1 | in its corporate capacity, construct or cause to be | ||||||
| 2 | constructed within the District, any building, structure, or | ||||||
| 3 | other ancillary or related facilities that the Commission may, | ||||||
| 4 | from time to time, determine are to be established and | ||||||
| 5 | operated (i) for the carrying out of any aspect of the | ||||||
| 6 | Commission's purposes as set forth in this Act or (ii) for any | ||||||
| 7 | uses the Commission shall determine will support and nurture | ||||||
| 8 | facilities and uses permitted by this Act. All such structures | ||||||
| 9 | and improvements shall be erected and constructed in | ||||||
| 10 | accordance with the provisions of the Illinois Procurement | ||||||
| 11 | Code that apply to State agencies. No construction may be | ||||||
| 12 | undertaken pursuant to this Section before a comprehensive | ||||||
| 13 | master plan has been approved under Section 10-75. | ||||||
| 14 | Section 10-35. Relocation assistance. The Commission shall | ||||||
| 15 | provide relocation assistance to persons and entities | ||||||
| 16 | displaced by the Commission's acquisition of property and | ||||||
| 17 | improvement of the District. Relocation assistance shall not | ||||||
| 18 | be less than the amount provided under the federal Uniform | ||||||
| 19 | Relocation Assistance and Real Property Acquisition Policies | ||||||
| 20 | Act of 1970 and the regulations under that Act, including the | ||||||
| 21 | eligibility criteria. The Commission may enter into long-term | ||||||
| 22 | development, land-use, or operating agreements with | ||||||
| 23 | institutions, including hospitals, universities, State | ||||||
| 24 | agencies, or nonprofit organizations. Relocation assistance | ||||||
| 25 | may include assistance with the moving of a residential unit | ||||||
| |||||||
| |||||||
| 1 | to a new location, and the Commission may develop, own, lease, | ||||||
| 2 | sublease, or manage facilities used for academic instruction, | ||||||
| 3 | professional education, or research, including facilities | ||||||
| 4 | owned or operated by colleges, universities, or their | ||||||
| 5 | affiliates. The Commission shall establish a single point of | ||||||
| 6 | contact for all relocation assistance under this Section. | ||||||
| 7 | Section 10-40. Bonds. To obtain the funds necessary for | ||||||
| 8 | financing the acquisition, construction, maintenance, and | ||||||
| 9 | rehabilitation of facilities and equipment within the | ||||||
| 10 | District, and for the operation of the District as set forth in | ||||||
| 11 | this Act, the Commission may borrow money from any public or | ||||||
| 12 | private agency, department, corporation, or person. In | ||||||
| 13 | evidence of and as security for funds borrowed, the Commission | ||||||
| 14 | may issue revenue bonds in its corporate capacity to be | ||||||
| 15 | payable from the revenues derived from the operation of the | ||||||
| 16 | institutions or buildings owned, leased, or operated by or on | ||||||
| 17 | behalf of the Commission, but the bonds shall in no event | ||||||
| 18 | constitute an indebtedness of the Commission or a claim | ||||||
| 19 | against the property of the Commission. The bonds may be | ||||||
| 20 | issued in such denominations as may be expedient, in such | ||||||
| 21 | amounts, and at such rates of interest as the Commission shall | ||||||
| 22 | deem necessary to provide sufficient funds to pay all the | ||||||
| 23 | costs authorized under this Section. The bonds shall be | ||||||
| 24 | executed by the President of the Commission, attested by the | ||||||
| 25 | Secretary, and sealed with the Commission's corporate seal. If | ||||||
| |||||||
| |||||||
| 1 | either of those officers of the Commission who shall have | ||||||
| 2 | signed or attested any of the bonds shall have ceased to be | ||||||
| 3 | such officer before delivery of the bonds, the signature of | ||||||
| 4 | the officer shall be valid and sufficient to the same effect as | ||||||
| 5 | if the officer had remained in office at the time of delivery. | ||||||
| 6 | The Commission shall furnish the State Comptroller with a | ||||||
| 7 | record of all bonds issued under this Act. | ||||||
| 8 | Section 10-45. Power to sell or lease. The Commission may | ||||||
| 9 | sell, convey, transfer, or lease, at fair market value, any | ||||||
| 10 | title or interest in real property owned by it to any person or | ||||||
| 11 | persons, to be used, subject to the restrictions of this Act, | ||||||
| 12 | for the purposes stated in this Act, for the purpose of serving | ||||||
| 13 | persons using the facilities offered within the District, or | ||||||
| 14 | for the carrying out of any aspect of the Commission's | ||||||
| 15 | purposes as set forth in Section 10-15 of this Act, subject to | ||||||
| 16 | the restrictions as to the use of the real property as the | ||||||
| 17 | Commission shall determine will carry out the purposes of this | ||||||
| 18 | Act. To assure that the use of the real property so sold or | ||||||
| 19 | leased is in accordance with the provisions of this Act, the | ||||||
| 20 | Commission shall inquire into and satisfy itself concerning | ||||||
| 21 | the financial ability of the purchaser to complete the project | ||||||
| 22 | for which the real property is sold or leased. The purchaser or | ||||||
| 23 | lessee shall submit, in writing, a plan to the Commission of | ||||||
| 24 | the purchaser's or lessee's ability to complete the project | ||||||
| 25 | for which the real property is sold or leased. Under the | ||||||
| |||||||
| |||||||
| 1 | required plan, the purchaser or lessee shall undertake (1) to | ||||||
| 2 | use the land for the purposes designated in the plan so | ||||||
| 3 | presented; (2) to commence and complete the construction of | ||||||
| 4 | the buildings or other structures to be included in the | ||||||
| 5 | project within the time the Commission fixes as reasonable; | ||||||
| 6 | and (3) to comply with such other conditions as the Commission | ||||||
| 7 | shall determine are necessary to carry out the project. All | ||||||
| 8 | conveyances and leases authorized in this Section shall be on | ||||||
| 9 | condition that in the event the use of property is for other | ||||||
| 10 | purposes than prescribed in this Act, or there is nonuse for a | ||||||
| 11 | period of one year, title to the property shall revert to the | ||||||
| 12 | Commission. All conveyances and leases made by the Commission | ||||||
| 13 | to any corporation or person for the use of serving the | ||||||
| 14 | residents or any person using the facilities offered within | ||||||
| 15 | the District shall be on condition that in the event of a | ||||||
| 16 | violation of any of the restrictions as to the use of the | ||||||
| 17 | property according to this Act, and the Commission's | ||||||
| 18 | determinations of projects that will carry out the purposes of | ||||||
| 19 | this Act, title to the property shall revert to the | ||||||
| 20 | Commission. If, however, the Commission finds that financing | ||||||
| 21 | necessary for the acquisition or lease of any real estate or | ||||||
| 22 | for the construction or improvement of any building to be used | ||||||
| 23 | for purposes prescribed in this Act cannot be obtained if | ||||||
| 24 | title to the land, building, or improvement is subject to such | ||||||
| 25 | a reverter provision, the Commission may cause the real | ||||||
| 26 | property to be conveyed free of a reverter provision, provided | ||||||
| |||||||
| |||||||
| 1 | that at least 7 members of the Commission vote in favor | ||||||
| 2 | thereof. The finding that the title shall be conveyed free of a | ||||||
| 3 | reverter provision shall be made at a public hearing in | ||||||
| 4 | accordance with Section 10-80 of this Act and notice provided | ||||||
| 5 | in accordance with Section 10-50 of this Act. The Commission | ||||||
| 6 | may also provide, in the conveyances, leases, or other | ||||||
| 7 | documentation, provisions for notice of such violations or | ||||||
| 8 | default and the cure thereof for the benefit of any lender or | ||||||
| 9 | mortgagee as the Commission shall determine are appropriate. | ||||||
| 10 | If, at a regularly scheduled meeting, the Commission resolves | ||||||
| 11 | that a parcel of real estate leased by it, or in which it has | ||||||
| 12 | sold the fee simple title or any lesser estate, is not being | ||||||
| 13 | used for the purposes prescribed in this Act or has been in | ||||||
| 14 | nonuse for a period of one year, the Commission may file a | ||||||
| 15 | lawsuit in the Circuit Court of Sangamon County to enforce the | ||||||
| 16 | terms of the sale or lease. If a reverter of title to any | ||||||
| 17 | property is ordered by the court under the terms of this Act, | ||||||
| 18 | the interest of the Commission shall be subject to any | ||||||
| 19 | existing valid mortgage or trust deed in the nature of a | ||||||
| 20 | mortgage, but if the title is acquired through foreclosure of | ||||||
| 21 | that mortgage or trust deed or by deed in lieu of foreclosure | ||||||
| 22 | of that mortgage or trust deed, then the title to the property | ||||||
| 23 | shall not revert, but shall be subject to the restrictions as | ||||||
| 24 | to use, but not any penalty for nonuse contained in this Act | ||||||
| 25 | with respect to any mortgagee in possession or its successor | ||||||
| 26 | or assigns. No conveyance of real property shall be executed | ||||||
| |||||||
| |||||||
| 1 | by the Commission without the prior written approval of the | ||||||
| 2 | Governor. The Commission may not sell, convey, transfer, or | ||||||
| 3 | lease any property pursuant to this Section before a | ||||||
| 4 | comprehensive master plan has been approved under Section | ||||||
| 5 | 10-75. | ||||||
| 6 | Section 10-50. Notice. Before holding any public hearing | ||||||
| 7 | prescribed in Section 10-45 of this Act, or any meeting | ||||||
| 8 | regarding the passage of any resolution to file a lawsuit, the | ||||||
| 9 | Commission shall give notice to the grantee or lessee, or his | ||||||
| 10 | or her legal representatives, successors, or assigns, of the | ||||||
| 11 | time and place of the proceeding. The notice shall be | ||||||
| 12 | accompanied by a statement signed by the Secretary of the | ||||||
| 13 | Commission, or by any person authorized by the Commission to | ||||||
| 14 | sign the same, setting forth any act or things done or omitted | ||||||
| 15 | to be done in violation, or claimed to be in violation, of any | ||||||
| 16 | restriction as to the use of the property, whether the | ||||||
| 17 | restriction be prescribed in any of the terms of this Act or by | ||||||
| 18 | any restriction as to the use of the property determined by the | ||||||
| 19 | Commission under the terms of this Act. The notice of the time | ||||||
| 20 | and place fixed for the proceeding shall also be given to such | ||||||
| 21 | person or persons as the Commission shall deem necessary. The | ||||||
| 22 | notice may be given by registered mail, addressed to the | ||||||
| 23 | grantee, lessee, or legal representatives, successors, or | ||||||
| 24 | assigns, at the last known address of the grantee, lessee, or | ||||||
| 25 | legal representatives, successors, or assigns. | ||||||
| |||||||
| |||||||
| 1 | Section 10-55. Rules. The Commission may adopt reasonable | ||||||
| 2 | and proper rules, in accordance with the Illinois | ||||||
| 3 | Administrative Procedure Act, relative to the exercise of its | ||||||
| 4 | powers, and proper rules to govern its proceedings, to | ||||||
| 5 | regulate the mode and manner of all hearings held by it or at | ||||||
| 6 | its direction, and to alter and amend those rules. | ||||||
| 7 | Section 10-60. Official documents. Copies of all official | ||||||
| 8 | documents, findings, and orders of the Commission, certified | ||||||
| 9 | by a Commissioner or by the Secretary of the Commission to be | ||||||
| 10 | true copies of the originals, and under the official seal of | ||||||
| 11 | the Commission, shall be evidence in like manner as the | ||||||
| 12 | originals. | ||||||
| 13 | Section 10-65. Judicial review. All final administrative | ||||||
| 14 | decisions of the Commission shall be subject to judicial | ||||||
| 15 | review pursuant to the provisions of the Administrative Review | ||||||
| 16 | Law, and all amendments and modifications thereof, and the | ||||||
| 17 | rules adopted pursuant thereto. The term "administrative | ||||||
| 18 | decision" is defined as in Section 3-101 of the Code of Civil | ||||||
| 19 | Procedure. Any party may obtain judicial review of a final | ||||||
| 20 | order or administrative decision of the Commission in the | ||||||
| 21 | Circuit Court of Sangamon County only under and in accordance | ||||||
| 22 | with the provisions of the Administrative Review Law and its | ||||||
| 23 | adopted rules. The Circuit Court shall take judicial notice of | ||||||
| |||||||
| |||||||
| 1 | all the rules of practice and procedure of the Commission. | ||||||
| 2 | Section 10-70. Parks. The Commission may set apart any | ||||||
| 3 | part of the District as a park, except those areas owned, | ||||||
| 4 | operated, or used for purposes authorized under this Act by | ||||||
| 5 | organizations or institutions engaged in the delivery or | ||||||
| 6 | conduct of health care services, education, or research. The | ||||||
| 7 | Commission may construct, control, and maintain the same, or | ||||||
| 8 | may provide by contract with the Springfield Park District, | ||||||
| 9 | the City of Springfield, or the Department of Natural | ||||||
| 10 | Resources, as applicable, for the construction, control, and | ||||||
| 11 | maintenance of any area within the District set apart as a | ||||||
| 12 | park. | ||||||
| 13 | Section 10-75. Master plan; improvement and management of | ||||||
| 14 | District. The Commission shall approve a comprehensive master | ||||||
| 15 | plan for the orderly development and management of all | ||||||
| 16 | property within the District. The master plan, and any | ||||||
| 17 | amendment to the master plan, shall only take effect once | ||||||
| 18 | delivered to the Springfield City Council. The Commission | ||||||
| 19 | shall take the actions permitted to be taken by it under this | ||||||
| 20 | Act as it may determine are appropriate to provide conditions | ||||||
| 21 | most favorable for the special care and treatment of the sick | ||||||
| 22 | and injured and for the study of disease and for any other | ||||||
| 23 | purpose of this Act. In the master plan, the Commission may | ||||||
| 24 | provide for shared services and facilities within the District | ||||||
| |||||||
| |||||||
| 1 | for the accredited higher education institutions and the | ||||||
| 2 | licensed non-profit acute care hospitals within the District. | ||||||
| 3 | Section 10-80. Public hearing. The Commission shall | ||||||
| 4 | conduct a public hearing prior to either (i) acquiring real or | ||||||
| 5 | personal property within the District through Section 10-25 of | ||||||
| 6 | this Act, (ii) constructing any building or structure under | ||||||
| 7 | Section 10-30 of this Act, (iii) conveying property under | ||||||
| 8 | Section 10-45 of this Act, or (iv) approving a comprehensive | ||||||
| 9 | master plan under Section 10-75 of this Act. The Commission | ||||||
| 10 | shall also conduct a public hearing whenever it is otherwise | ||||||
| 11 | required by law to do so, and may conduct a public hearing | ||||||
| 12 | whenever it may elect to do so. The Commission shall conduct | ||||||
| 13 | the public hearing called by it in accordance with the | ||||||
| 14 | requirements of the law mandating it, if any, or in accordance | ||||||
| 15 | with the provisions of this Section if either the law | ||||||
| 16 | mandating it is silent as to the procedures for its holding or | ||||||
| 17 | if the Commission elects to hold a public hearing in the | ||||||
| 18 | absence of any law mandating it. In the absence of any law, or | ||||||
| 19 | of any procedures in any law, mandating the holding of a public | ||||||
| 20 | hearing, the Commission may authorize a Commissioner or other | ||||||
| 21 | person of legal age to conduct a hearing. The Commissioner or | ||||||
| 22 | other authorized person has the power to administer oaths and | ||||||
| 23 | affirmations, take the testimony of witnesses, take and | ||||||
| 24 | receive the production of papers, books, records, accounts, | ||||||
| 25 | and documents, receive pertinent evidence, and certify the | ||||||
| |||||||
| |||||||
| 1 | record of the hearing. The record of the hearing shall become | ||||||
| 2 | part of the Commission's record. Notice of the time, place, | ||||||
| 3 | and purpose of the hearing shall be given by a single | ||||||
| 4 | publication notice in a secular newspaper of general | ||||||
| 5 | circulation in the City of Springfield at least 10 days before | ||||||
| 6 | the date of the hearing. | ||||||
| 7 | Section 10-85. Jurisdiction. This Act shall not be | ||||||
| 8 | construed to limit the jurisdiction of the City of Springfield | ||||||
| 9 | to territory outside the limits of the District nor to impair | ||||||
| 10 | any power now possessed by or hereafter granted to the City of | ||||||
| 11 | Springfield or to cities generally. Property owned by and | ||||||
| 12 | exclusively used by the Commission shall be exempt from | ||||||
| 13 | taxation. | ||||||
| 14 | Section 10-90. Disposition of money; income fund. All | ||||||
| 15 | money received by the Commission from the sale or lease of any | ||||||
| 16 | property, in excess of the amount expended by the Commission | ||||||
| 17 | for authorized purposes under this Act or as may be necessary | ||||||
| 18 | to satisfy the obligation of any revenue bond issued pursuant | ||||||
| 19 | to Section 10-40, shall be deposited into the Capital City | ||||||
| 20 | Downtown Medical District Income Fund, a special fund created | ||||||
| 21 | in the State treasury. The Commission may use all money | ||||||
| 22 | received as rentals for the purposes of planning, acquisition, | ||||||
| 23 | and development of property within the District, for the | ||||||
| 24 | operation, maintenance, and improvement of property of the | ||||||
| |||||||
| |||||||
| 1 | Commission, and for all purposes and powers set forth in this | ||||||
| 2 | Act. All moneys held pursuant to this Section shall be | ||||||
| 3 | maintained in a depository approved by the State Treasurer. | ||||||
| 4 | The Auditor General shall, at least biennially, audit or cause | ||||||
| 5 | to be audited all records and accounts of the Commission | ||||||
| 6 | pertaining to the operation of the District. | ||||||
| 7 | Section 10-95. Assumption. As allowable under State or | ||||||
| 8 | federal law, any and all assets, holdings, contracts and | ||||||
| 9 | agreements of the Mid-Illinois Medical District or | ||||||
| 10 | Mid-Illinois Medical District Commission established under the | ||||||
| 11 | Mid-Illinois Medical District Act shall hereby be conveyed or | ||||||
| 12 | assigned to the Capital City Downtown Medical District or the | ||||||
| 13 | Capital City Downtown Medical District Commission established | ||||||
| 14 | under this Act. | ||||||
| 15 | Section 10-900. The Illinois Income Tax Act is amended by | ||||||
| 16 | adding Sections 221.5 and 221.6 as follows: | ||||||
| 17 | (35 ILCS 5/221.5 new) | ||||||
| 18 | Sec. 221.5. Rehabilitation costs; qualified historic | ||||||
| 19 | properties; Capital City Downtown Medical District. | ||||||
| 20 | (a) As used in this Section: | ||||||
| 21 | "Phased rehabilitation" means a project that is completed | ||||||
| 22 | in phases, as defined under Section 47 of the federal Internal | ||||||
| 23 | Revenue Code and pursuant to National Park Service regulations | ||||||
| |||||||
| |||||||
| 1 | at 36 C.F.R. 67. | ||||||
| 2 | "Placed in service" means the date when the property is | ||||||
| 3 | placed in a condition or state of readiness and availability | ||||||
| 4 | for a specifically assigned function as defined under Section | ||||||
| 5 | 47 of the federal Internal Revenue Code and federal Treasury | ||||||
| 6 | Regulation Sections 1.46 and 1.48. | ||||||
| 7 | "Qualified expenditure" means all the costs and expenses | ||||||
| 8 | defined as qualified rehabilitation expenditures under Section | ||||||
| 9 | 47 of the federal Internal Revenue Code that were incurred in | ||||||
| 10 | connection with a qualified historic structure. | ||||||
| 11 | "Qualified historic structure" means a certified historic | ||||||
| 12 | structure as defined under Section 47(c)(3) of the federal | ||||||
| 13 | Internal Revenue Code. | ||||||
| 14 | "Qualified rehabilitation plan" means a project that is | ||||||
| 15 | approved by the Department of Natural Resources and the | ||||||
| 16 | National Park Service as being consistent with the United | ||||||
| 17 | States Secretary of the Interior's Standards for | ||||||
| 18 | Rehabilitation. | ||||||
| 19 | "Qualified taxpayer" means the owner of the qualified | ||||||
| 20 | historic structure or any other person who qualifies for the | ||||||
| 21 | federal rehabilitation credit allowed by Section 47 of the | ||||||
| 22 | federal Internal Revenue Code with respect to that qualified | ||||||
| 23 | historic structure. | ||||||
| 24 | (b) For taxable years beginning on or after January 1, | ||||||
| 25 | 2027, there shall be allowed a tax credit against the tax | ||||||
| 26 | imposed by subsections (a) and (b) of Section 201 of this Act | ||||||
| |||||||
| |||||||
| 1 | in an aggregate amount equal to 25% of the qualified | ||||||
| 2 | expenditures incurred by a qualified taxpayer in the | ||||||
| 3 | restoration and preservation of a qualified historic structure | ||||||
| 4 | located within the bounds of the Capital City Downtown Medical | ||||||
| 5 | District pursuant to a qualified rehabilitation plan, provided | ||||||
| 6 | that the total amount of such expenditures must (i) equal | ||||||
| 7 | $5,000 or more and (ii) exceed the adjusted basis of the | ||||||
| 8 | qualified historic structure on the first day the qualified | ||||||
| 9 | rehabilitation plan begins. For any rehabilitation project, | ||||||
| 10 | regardless of duration or number of phases, the project's | ||||||
| 11 | compliance with items (i) and (ii) shall be determined based | ||||||
| 12 | on the aggregate amount of qualified expenditures for the | ||||||
| 13 | entire project and may include expenditures incurred under | ||||||
| 14 | subsection (a), this subsection, or both subsection (a) and | ||||||
| 15 | this subsection. If the qualified rehabilitation plan spans | ||||||
| 16 | multiple years, the aggregate credit for the entire project | ||||||
| 17 | shall be allowed in the last taxable year, except for phased | ||||||
| 18 | rehabilitation projects, which may receive credits upon | ||||||
| 19 | completion of each phase. Before obtaining the first phased | ||||||
| 20 | credit, the total amount of such expenditures must meet the | ||||||
| 21 | requirements of items (i) and (ii) and the rehabilitated | ||||||
| 22 | portion of the qualified historic structure must be placed in | ||||||
| 23 | service. | ||||||
| 24 | If the taxpayer is a partnership or subchapter S | ||||||
| 25 | corporation, the credit shall be allowed to the partners or | ||||||
| 26 | shareholders in accordance with the provisions of Section 251. | ||||||
| |||||||
| |||||||
| 1 | (c) The credit or credits may not reduce the taxpayer's | ||||||
| 2 | liability to less than zero. If the amount of the credit or | ||||||
| 3 | credits exceeds the taxpayer's liability, the excess may be | ||||||
| 4 | carried forward and applied against the taxpayer's liability | ||||||
| 5 | in the 5 taxable years following the excess credit year. The | ||||||
| 6 | credit or credits shall be applied to the earliest year for | ||||||
| 7 | which there is a tax liability. If there are credits from more | ||||||
| 8 | than one taxable year that are available to offset a | ||||||
| 9 | liability, the earlier credit shall be applied first. | ||||||
| 10 | (d) To obtain a tax credit pursuant to this Section, the | ||||||
| 11 | taxpayer must apply to the Department of Natural Resources. | ||||||
| 12 | The Department of Natural Resources shall determine the amount | ||||||
| 13 | of eligible rehabilitation costs and expenses within 45 days | ||||||
| 14 | of receipt of a complete application. The taxpayer must submit | ||||||
| 15 | a certification of costs prepared by an independent certified | ||||||
| 16 | public accountant that certifies (i) the project expenses, | ||||||
| 17 | (ii) whether those expenses are qualified expenditures, and | ||||||
| 18 | (iii) that the qualified expenditures exceed the adjusted | ||||||
| 19 | basis of the qualified historic structure on the first day the | ||||||
| 20 | qualified rehabilitation plan commenced. The Department of | ||||||
| 21 | Natural Resources is authorized, but not required, to accept | ||||||
| 22 | this certification of costs to determine the amount of | ||||||
| 23 | qualified expenditures and the amount of the credit. The | ||||||
| 24 | Department of Natural Resources shall provide guidance as to | ||||||
| 25 | the minimum standards to be followed in the preparation of the | ||||||
| 26 | certification. The Department of Natural Resources and the | ||||||
| |||||||
| |||||||
| 1 | National Park Service shall determine whether the | ||||||
| 2 | rehabilitation is consistent with the United States Secretary | ||||||
| 3 | of the Interior's Standards for Rehabilitation. | ||||||
| 4 | (e) Upon completion of the project and approval of the | ||||||
| 5 | complete application, the Department of Natural Resources | ||||||
| 6 | shall issue a single certificate in the amount of the eligible | ||||||
| 7 | credits equal to 25% of the qualified expenditures incurred by | ||||||
| 8 | the taxpayer during the eligible taxable years, as defined in | ||||||
| 9 | subsection (b), excepting any phased credits issued prior to | ||||||
| 10 | the eligible taxable year under subsection (b). At the time | ||||||
| 11 | the certificate is issued, an issuance fee up to the maximum | ||||||
| 12 | amount of 2% of the amount of the credits issued by the | ||||||
| 13 | certificate may be collected from the applicant to administer | ||||||
| 14 | the provisions of this Section. If collected, this issuance | ||||||
| 15 | fee shall be deposited into the Historic Property | ||||||
| 16 | Administrative Fund, a special fund created in the State | ||||||
| 17 | treasury. Subject to appropriation, moneys in the Historic | ||||||
| 18 | Property Administrative Fund shall be provided to the | ||||||
| 19 | Department of Natural Resources as reimbursement for the costs | ||||||
| 20 | associated with administering this Section. | ||||||
| 21 | (f) The credit shall be claimed for the taxable year in | ||||||
| 22 | which the certificate is issued. The taxpayer must attach the | ||||||
| 23 | certificate to the tax return on which the credits are to be | ||||||
| 24 | claimed. | ||||||
| 25 | (g) Subject to appropriation, moneys in the Historic | ||||||
| 26 | Property Administrative Fund shall be used, on a biennial | ||||||
| |||||||
| |||||||
| 1 | basis on and after June 30, 2029, to hire a qualified third | ||||||
| 2 | party to prepare a biennial report to assess the overall | ||||||
| 3 | economic impact to the State from the qualified rehabilitation | ||||||
| 4 | projects under this Section completed in that fiscal year and | ||||||
| 5 | in previous fiscal years. The overall economic impact shall | ||||||
| 6 | include at least: (1) the direct and indirect or induced | ||||||
| 7 | economic impacts of completed projects; (2) temporary, | ||||||
| 8 | permanent, and construction jobs created; (3) sales, income, | ||||||
| 9 | and property tax generation before construction, during | ||||||
| 10 | construction, and after completion; and (4) indirect | ||||||
| 11 | neighborhood impact after completion. The report shall be | ||||||
| 12 | submitted to the Governor and the General Assembly. The report | ||||||
| 13 | to the General Assembly shall be filed with the Clerk of the | ||||||
| 14 | House of Representatives and the Secretary of the Senate in | ||||||
| 15 | electronic form only, in the manner that the Clerk and the | ||||||
| 16 | Secretary shall direct. | ||||||
| 17 | (h) The Department of Natural Resources may adopt rules to | ||||||
| 18 | implement this Section in addition to the rules expressly | ||||||
| 19 | authorized in this Section. | ||||||
| 20 | (i) This Section is exempt from the provisions of Section | ||||||
| 21 | 250. | ||||||
| 22 | (35 ILCS 5/221.6 new) | ||||||
| 23 | Sec. 221.6. Capital city construction jobs credit. | ||||||
| 24 | (a) As used in this Section: | ||||||
| 25 | "Capital city construction jobs credit" means: | ||||||
| |||||||
| |||||||
| 1 | (1) an amount equal to 50% of the incremental income | ||||||
| 2 | tax attributable to capital city construction employees | ||||||
| 3 | employed on a capital city construction jobs project not | ||||||
| 4 | located in an underserved area; or | ||||||
| 5 | (2) an amount equal to 75% of the incremental income | ||||||
| 6 | tax attributable to capital city construction employees | ||||||
| 7 | employed on a capital city construction jobs project | ||||||
| 8 | located in an underserved area. | ||||||
| 9 | "Capital city construction jobs project" means a project | ||||||
| 10 | that involves the construction of a structure or building or | ||||||
| 11 | the making of improvements of any kind to real property that | ||||||
| 12 | is: (i) located in a Capital City Downtown Medical District | ||||||
| 13 | and (ii) built or improved in the course of completing a | ||||||
| 14 | qualified rehabilitation plan. | ||||||
| 15 | "Capital city construction jobs project" does not include | ||||||
| 16 | the routine operation, routine repair, or routine maintenance | ||||||
| 17 | of existing structures, buildings, or real property. | ||||||
| 18 | "Incremental income tax" means the total amount withheld | ||||||
| 19 | during the taxable year from the compensation of capital city | ||||||
| 20 | construction jobs employees under Article 7 of this Act. | ||||||
| 21 | "Qualified rehabilitation plan" means a project that is | ||||||
| 22 | approved by the Department of Natural Resources and the | ||||||
| 23 | National Park Service as being consistent with the United | ||||||
| 24 | States Secretary of the Interior's Standards for | ||||||
| 25 | Rehabilitation. | ||||||
| 26 | "Underserved area" means a geographic area that meets one | ||||||
| |||||||
| |||||||
| 1 | or more of the following conditions: | ||||||
| 2 | (1) the area has a poverty rate of at least 20% | ||||||
| 3 | according to the latest American Community Survey; | ||||||
| 4 | (2) 35% or more of the families with children in the | ||||||
| 5 | area are living below 130% of the poverty line, according | ||||||
| 6 | to the latest American Community Survey; | ||||||
| 7 | (3) at least 20% of the households in the area receive | ||||||
| 8 | assistance under the Supplemental Nutrition Assistance | ||||||
| 9 | Program (SNAP); or | ||||||
| 10 | (4) the area has an average unemployment rate, as | ||||||
| 11 | determined by the Department of Employment Security, that | ||||||
| 12 | is more than 120% of the national unemployment average, as | ||||||
| 13 | determined by the United States Department of Labor, for a | ||||||
| 14 | period of at least 2 consecutive calendar years preceding | ||||||
| 15 | the date of the application. | ||||||
| 16 | (b) For taxable years beginning on or after January 1, | ||||||
| 17 | 2027, a taxpayer may receive a tax credit against the tax | ||||||
| 18 | imposed under subsections (a) and (b) of Section 201 of this | ||||||
| 19 | Act in an amount equal to 50%, or 75% if the project is located | ||||||
| 20 | in an underserved area, of the amount of the incremental | ||||||
| 21 | income tax attributable to construction wages paid to capital | ||||||
| 22 | city construction jobs employees employed in the course of | ||||||
| 23 | completing a capital city construction jobs project. The | ||||||
| 24 | credit allowed under this Section shall apply only to | ||||||
| 25 | taxpayers that make a capital investment of at least | ||||||
| 26 | $1,000,000 in a qualified rehabilitation plan. | ||||||
| |||||||
| |||||||
| 1 | (c) A taxpayer seeking a credit under this Section must | ||||||
| 2 | submit an application to the Department of Commerce and | ||||||
| 3 | Economic Opportunity describing the nature and benefit of the | ||||||
| 4 | capital city construction jobs project to the qualified | ||||||
| 5 | rehabilitation project and the Capital City Downtown Medical | ||||||
| 6 | District. The Department of Commerce and Economic Opportunity | ||||||
| 7 | may adopt any necessary rules in order to administer the | ||||||
| 8 | provisions of this Section. | ||||||
| 9 | (d) Within 60 days after the receipt of a complete | ||||||
| 10 | application, the Department of Commerce and Economic | ||||||
| 11 | Opportunity shall give notice to the applicant as to whether | ||||||
| 12 | the application has been approved or disapproved. If the | ||||||
| 13 | Department of Commerce and Economic Opportunity disapproves | ||||||
| 14 | the application, it shall specify the reasons for this | ||||||
| 15 | decision and allow 60 days for the applicant to amend and | ||||||
| 16 | resubmit its application. The Department of Commerce and | ||||||
| 17 | Economic Opportunity shall provide assistance upon request of | ||||||
| 18 | the applicant. Resubmitted applications shall receive the | ||||||
| 19 | Department of Commerce and Economic Opportunity's approval or | ||||||
| 20 | disapproval within 30 days of resubmission. | ||||||
| 21 | (e) On an annual basis, the taxpayer shall furnish a | ||||||
| 22 | statement to the Department of Commerce and Economic | ||||||
| 23 | Opportunity on the programmatic and financial status of any | ||||||
| 24 | approved project and an audited financial statement of the | ||||||
| 25 | project. | ||||||
| 26 | (f) The Department of Commerce and Economic Opportunity | ||||||
| |||||||
| |||||||
| 1 | shall certify to the Department of Revenue the identity of the | ||||||
| 2 | taxpayers who are eligible for capital city construction jobs | ||||||
| 3 | credits and the amounts of capital city construction jobs | ||||||
| 4 | credits awarded in each taxable year. | ||||||
| 5 | (g) The credit or credits may not reduce the taxpayer's | ||||||
| 6 | liability to less than zero. If the amount of the credit or | ||||||
| 7 | credits exceeds the taxpayer's liability, the excess may be | ||||||
| 8 | carried forward and applied against the taxpayer's liability | ||||||
| 9 | in the 5 taxable years following the excess credit year. The | ||||||
| 10 | credit or credits shall be applied to the earliest year for | ||||||
| 11 | which there is a tax liability. If there are credits from more | ||||||
| 12 | than one taxable year that are available to offset a | ||||||
| 13 | liability, the earlier credit shall be applied first. | ||||||
| 14 | (h) The prevailing wage requirements set forth in the | ||||||
| 15 | Prevailing Wage Act apply to each project for which a taxpayer | ||||||
| 16 | is seeking a construction jobs credit under this Section. | ||||||
| 17 | (i) This Section is exempt from the provisions of Section | ||||||
| 18 | 250. | ||||||
| 19 | (70 ILCS 925/Act rep.) | ||||||
| 20 | Section 10-905. The Mid-Illinois Medical District Act is | ||||||
| 21 | repealed. | ||||||
| 22 | Section 10-910. The Eminent Domain Act is amended by | ||||||
| 23 | changing Section 15-5-15 as follows: | ||||||
| |||||||
| |||||||
| 1 | (735 ILCS 30/15-5-15) | ||||||
| 2 | (Text of Section before amendment by P.A. 104-457) | ||||||
| 3 | Sec. 15-5-15. Eminent domain powers in ILCS Chapters 70 | ||||||
| 4 | through 75. The following provisions of law may include | ||||||
| 5 | express grants of the power to acquire property by | ||||||
| 6 | condemnation or eminent domain: | ||||||
| 7 | (70 ILCS 5/8.02 and 5/9); Airport Authorities Act; airport | ||||||
| 8 | authorities; for public airport facilities. | ||||||
| 9 | (70 ILCS 5/8.05 and 5/9); Airport Authorities Act; airport | ||||||
| 10 | authorities; for removal of airport hazards. | ||||||
| 11 | (70 ILCS 5/8.06 and 5/9); Airport Authorities Act; airport | ||||||
| 12 | authorities; for reduction of the height of objects or | ||||||
| 13 | structures. | ||||||
| 14 | (70 ILCS 10/4); Interstate Airport Authorities Act; interstate | ||||||
| 15 | airport authorities; for general purposes. | ||||||
| 16 | (70 ILCS 15/3); Kankakee River Valley Area Airport Authority | ||||||
| 17 | Act; Kankakee River Valley Area Airport Authority; for | ||||||
| 18 | acquisition of land for airports. | ||||||
| 19 | (70 ILCS 200/2-20); Civic Center Code; civic center | ||||||
| 20 | authorities; for grounds, centers, buildings, and parking. | ||||||
| 21 | (70 ILCS 200/5-35); Civic Center Code; Aledo Civic Center | ||||||
| 22 | Authority; for grounds, centers, buildings, and parking. | ||||||
| 23 | (70 ILCS 200/10-15); Civic Center Code; Aurora Metropolitan | ||||||
| 24 | Exposition, Auditorium and Office Building Authority; for | ||||||
| 25 | grounds, centers, buildings, and parking. | ||||||
| |||||||
| |||||||
| 1 | (70 ILCS 200/15-40); Civic Center Code; Benton Civic Center | ||||||
| 2 | Authority; for grounds, centers, buildings, and parking. | ||||||
| 3 | (70 ILCS 200/20-15); Civic Center Code; Bloomington Civic | ||||||
| 4 | Center Authority; for grounds, centers, buildings, and | ||||||
| 5 | parking. | ||||||
| 6 | (70 ILCS 200/35-35); Civic Center Code; Brownstown Park | ||||||
| 7 | District Civic Center Authority; for grounds, centers, | ||||||
| 8 | buildings, and parking. | ||||||
| 9 | (70 ILCS 200/40-35); Civic Center Code; Carbondale Civic | ||||||
| 10 | Center Authority; for grounds, centers, buildings, and | ||||||
| 11 | parking. | ||||||
| 12 | (70 ILCS 200/55-60); Civic Center Code; Chicago South Civic | ||||||
| 13 | Center Authority; for grounds, centers, buildings, and | ||||||
| 14 | parking. | ||||||
| 15 | (70 ILCS 200/60-30); Civic Center Code; Collinsville | ||||||
| 16 | Metropolitan Exposition, Auditorium and Office Building | ||||||
| 17 | Authority; for grounds, centers, buildings, and parking. | ||||||
| 18 | (70 ILCS 200/70-35); Civic Center Code; Crystal Lake Civic | ||||||
| 19 | Center Authority; for grounds, centers, buildings, and | ||||||
| 20 | parking. | ||||||
| 21 | (70 ILCS 200/75-20); Civic Center Code; Decatur Metropolitan | ||||||
| 22 | Exposition, Auditorium and Office Building Authority; for | ||||||
| 23 | grounds, centers, buildings, and parking. | ||||||
| 24 | (70 ILCS 200/80-15); Civic Center Code; DuPage County | ||||||
| 25 | Metropolitan Exposition, Auditorium and Office Building | ||||||
| 26 | Authority; for grounds, centers, buildings, and parking. | ||||||
| |||||||
| |||||||
| 1 | (70 ILCS 200/85-35); Civic Center Code; Elgin Metropolitan | ||||||
| 2 | Exposition, Auditorium and Office Building Authority; for | ||||||
| 3 | grounds, centers, buildings, and parking. | ||||||
| 4 | (70 ILCS 200/95-25); Civic Center Code; Herrin Metropolitan | ||||||
| 5 | Exposition, Auditorium and Office Building Authority; for | ||||||
| 6 | grounds, centers, buildings, and parking. | ||||||
| 7 | (70 ILCS 200/110-35); Civic Center Code; Illinois Valley Civic | ||||||
| 8 | Center Authority; for grounds, centers, buildings, and | ||||||
| 9 | parking. | ||||||
| 10 | (70 ILCS 200/115-35); Civic Center Code; Jasper County Civic | ||||||
| 11 | Center Authority; for grounds, centers, buildings, and | ||||||
| 12 | parking. | ||||||
| 13 | (70 ILCS 200/120-25); Civic Center Code; Jefferson County | ||||||
| 14 | Metropolitan Exposition, Auditorium and Office Building | ||||||
| 15 | Authority; for grounds, centers, buildings, and parking. | ||||||
| 16 | (70 ILCS 200/125-15); Civic Center Code; Jo Daviess County | ||||||
| 17 | Civic Center Authority; for grounds, centers, buildings, | ||||||
| 18 | and parking. | ||||||
| 19 | (70 ILCS 200/130-30); Civic Center Code; Katherine Dunham | ||||||
| 20 | Metropolitan Exposition, Auditorium and Office Building | ||||||
| 21 | Authority; for grounds, centers, buildings, and parking. | ||||||
| 22 | (70 ILCS 200/145-35); Civic Center Code; Marengo Civic Center | ||||||
| 23 | Authority; for grounds, centers, buildings, and parking. | ||||||
| 24 | (70 ILCS 200/150-35); Civic Center Code; Mason County Civic | ||||||
| 25 | Center Authority; for grounds, centers, buildings, and | ||||||
| 26 | parking. | ||||||
| |||||||
| |||||||
| 1 | (70 ILCS 200/155-15); Civic Center Code; Matteson Metropolitan | ||||||
| 2 | Civic Center Authority; for grounds, centers, buildings, | ||||||
| 3 | and parking. | ||||||
| 4 | (70 ILCS 200/160-35); Civic Center Code; Maywood Civic Center | ||||||
| 5 | Authority; for grounds, centers, buildings, and parking. | ||||||
| 6 | (70 ILCS 200/165-35); Civic Center Code; Melrose Park | ||||||
| 7 | Metropolitan Exposition Auditorium and Office Building | ||||||
| 8 | Authority; for grounds, centers, buildings, and parking. | ||||||
| 9 | (70 ILCS 200/170-20); Civic Center Code; certain Metropolitan | ||||||
| 10 | Exposition, Auditorium and Office Building Authorities; | ||||||
| 11 | for general purposes. | ||||||
| 12 | (70 ILCS 200/180-35); Civic Center Code; Normal Civic Center | ||||||
| 13 | Authority; for grounds, centers, buildings, and parking. | ||||||
| 14 | (70 ILCS 200/185-15); Civic Center Code; Oak Park Civic Center | ||||||
| 15 | Authority; for grounds, centers, buildings, and parking. | ||||||
| 16 | (70 ILCS 200/195-35); Civic Center Code; Ottawa Civic Center | ||||||
| 17 | Authority; for grounds, centers, buildings, and parking. | ||||||
| 18 | (70 ILCS 200/200-15); Civic Center Code; Pekin Civic Center | ||||||
| 19 | Authority; for grounds, centers, buildings, and parking. | ||||||
| 20 | (70 ILCS 200/205-15); Civic Center Code; Peoria Civic Center | ||||||
| 21 | Authority; for grounds, centers, buildings, and parking. | ||||||
| 22 | (70 ILCS 200/210-35); Civic Center Code; Pontiac Civic Center | ||||||
| 23 | Authority; for grounds, centers, buildings, and parking. | ||||||
| 24 | (70 ILCS 200/215-15); Civic Center Code; Illinois Quad City | ||||||
| 25 | Civic Center Authority; for grounds, centers, buildings, | ||||||
| 26 | and parking. | ||||||
| |||||||
| |||||||
| 1 | (70 ILCS 200/220-30); Civic Center Code; Quincy Metropolitan | ||||||
| 2 | Exposition, Auditorium and Office Building Authority; for | ||||||
| 3 | grounds, centers, buildings, and parking. | ||||||
| 4 | (70 ILCS 200/225-35); Civic Center Code; Randolph County Civic | ||||||
| 5 | Center Authority; for grounds, centers, buildings, and | ||||||
| 6 | parking. | ||||||
| 7 | (70 ILCS 200/230-35); Civic Center Code; River Forest | ||||||
| 8 | Metropolitan Exposition, Auditorium and Office Building | ||||||
| 9 | Authority; for grounds, centers, buildings, and parking. | ||||||
| 10 | (70 ILCS 200/235-40); Civic Center Code; Riverside Civic | ||||||
| 11 | Center Authority; for grounds, centers, buildings, and | ||||||
| 12 | parking. | ||||||
| 13 | (70 ILCS 200/245-35); Civic Center Code; Salem Civic Center | ||||||
| 14 | Authority; for grounds, centers, buildings, and parking. | ||||||
| 15 | (70 ILCS 200/255-20); Civic Center Code; Springfield | ||||||
| 16 | Metropolitan Exposition and Auditorium Authority; for | ||||||
| 17 | grounds, centers, and parking. | ||||||
| 18 | (70 ILCS 200/260-35); Civic Center Code; Sterling Metropolitan | ||||||
| 19 | Exposition, Auditorium and Office Building Authority; for | ||||||
| 20 | grounds, centers, buildings, and parking. | ||||||
| 21 | (70 ILCS 200/265-20); Civic Center Code; Vermilion County | ||||||
| 22 | Metropolitan Exposition, Auditorium and Office Building | ||||||
| 23 | Authority; for grounds, centers, buildings, and parking. | ||||||
| 24 | (70 ILCS 200/270-35); Civic Center Code; Waukegan Civic Center | ||||||
| 25 | Authority; for grounds, centers, buildings, and parking. | ||||||
| 26 | (70 ILCS 200/275-35); Civic Center Code; West Frankfort Civic | ||||||
| |||||||
| |||||||
| 1 | Center Authority; for grounds, centers, buildings, and | ||||||
| 2 | parking. | ||||||
| 3 | (70 ILCS 200/280-20); Civic Center Code; Will County | ||||||
| 4 | Metropolitan Exposition and Auditorium Authority; for | ||||||
| 5 | grounds, centers, and parking. | ||||||
| 6 | (70 ILCS 210/5); Metropolitan Pier and Exposition Authority | ||||||
| 7 | Act; Metropolitan Pier and Exposition Authority; for | ||||||
| 8 | general purposes, including quick-take power. | ||||||
| 9 | (70 ILCS 405/22.04); Soil and Water Conservation Districts | ||||||
| 10 | Act; soil and water conservation districts; for general | ||||||
| 11 | purposes. | ||||||
| 12 | (70 ILCS 410/10 and 410/12); Conservation District Act; | ||||||
| 13 | conservation districts; for open space, wildland, scenic | ||||||
| 14 | roadway, pathway, outdoor recreation, or other | ||||||
| 15 | conservation benefits. | ||||||
| 16 | (70 ILCS 503/25); Chanute-Rantoul National Aviation Center | ||||||
| 17 | Redevelopment Commission Act; Chanute-Rantoul National | ||||||
| 18 | Aviation Center Redevelopment Commission; for general | ||||||
| 19 | purposes. | ||||||
| 20 | (70 ILCS 507/15); Fort Sheridan Redevelopment Commission Act; | ||||||
| 21 | Fort Sheridan Redevelopment Commission; for general | ||||||
| 22 | purposes or to carry out comprehensive or redevelopment | ||||||
| 23 | plans. | ||||||
| 24 | (70 ILCS 520/8); Southwestern Illinois Development Authority | ||||||
| 25 | Act; Southwestern Illinois Development Authority; for | ||||||
| 26 | general purposes, including quick-take power. | ||||||
| |||||||
| |||||||
| 1 | (70 ILCS 605/4-17 and 605/5-7); Illinois Drainage Code; | ||||||
| 2 | drainage districts; for general purposes. | ||||||
| 3 | (70 ILCS 615/5 and 615/6); Chicago Drainage District Act; | ||||||
| 4 | corporate authorities; for construction and maintenance of | ||||||
| 5 | works. | ||||||
| 6 | (70 ILCS 705/10); Fire Protection District Act; fire | ||||||
| 7 | protection districts; for general purposes. | ||||||
| 8 | (70 ILCS 750/20); Flood Prevention District Act; flood | ||||||
| 9 | prevention districts; for general purposes. | ||||||
| 10 | (70 ILCS 805/6); Downstate Forest Preserve District Act; | ||||||
| 11 | certain forest preserve districts; for general purposes. | ||||||
| 12 | (70 ILCS 805/18.8); Downstate Forest Preserve District Act; | ||||||
| 13 | certain forest preserve districts; for recreational and | ||||||
| 14 | cultural facilities. | ||||||
| 15 | (70 ILCS 810/8); Cook County Forest Preserve District Act; | ||||||
| 16 | Forest Preserve District of Cook County; for general | ||||||
| 17 | purposes. | ||||||
| 18 | (70 ILCS 810/38); Cook County Forest Preserve District Act; | ||||||
| 19 | Forest Preserve District of Cook County; for recreational | ||||||
| 20 | facilities. | ||||||
| 21 | (70 ILCS 910/15 and 910/16); Hospital District Law; hospital | ||||||
| 22 | districts; for hospitals or hospital facilities. | ||||||
| 23 | (70 ILCS 915/3); Illinois Medical District Act; Illinois | ||||||
| 24 | Medical District Commission; for general purposes. | ||||||
| 25 | (70 ILCS 915/4.5); Illinois Medical District Act; Illinois | ||||||
| 26 | Medical District Commission; quick-take power for the | ||||||
| |||||||
| |||||||
| 1 | Illinois State Police Forensic Science Laboratory | ||||||
| 2 | (obsolete). | ||||||
| 3 | (70 ILCS 920/5); Tuberculosis Sanitarium District Act; | ||||||
| 4 | tuberculosis sanitarium districts; for tuberculosis | ||||||
| 5 | sanitariums. | ||||||
| 6 | Capital City Downtown Medical District Act; Capital City | ||||||
| 7 | Downtown Medical District Commission; for general | ||||||
| 8 | purposes. | ||||||
| 9 | (70 ILCS 925/20); Mid-Illinois Medical District Act; | ||||||
| 10 | Mid-Illinois Medical District; for general purposes. | ||||||
| 11 | (70 ILCS 930/20); Mid-America Medical District Act; | ||||||
| 12 | Mid-America Medical District Commission; for general | ||||||
| 13 | purposes. | ||||||
| 14 | (70 ILCS 935/20); Roseland Community Medical District Act; | ||||||
| 15 | medical district; for general purposes. | ||||||
| 16 | (70 ILCS 1005/7); Mosquito Abatement District Act; mosquito | ||||||
| 17 | abatement districts; for general purposes. | ||||||
| 18 | (70 ILCS 1105/8); Museum District Act; museum districts; for | ||||||
| 19 | general purposes. | ||||||
| 20 | (70 ILCS 1205/7-1); Park District Code; park districts; for | ||||||
| 21 | streets and other purposes. | ||||||
| 22 | (70 ILCS 1205/8-1); Park District Code; park districts; for | ||||||
| 23 | parks. | ||||||
| 24 | (70 ILCS 1205/9-2 and 1205/9-4); Park District Code; park | ||||||
| 25 | districts; for airports and landing fields. | ||||||
| 26 | (70 ILCS 1205/11-2 and 1205/11-3); Park District Code; park | ||||||
| |||||||
| |||||||
| 1 | districts; for State land abutting public water and | ||||||
| 2 | certain access rights. | ||||||
| 3 | (70 ILCS 1205/11.1-3); Park District Code; park districts; for | ||||||
| 4 | harbors. | ||||||
| 5 | (70 ILCS 1225/2); Park Commissioners Land Condemnation Act; | ||||||
| 6 | park districts; for street widening. | ||||||
| 7 | (70 ILCS 1230/1 and 1230/1-a); Park Commissioners Water | ||||||
| 8 | Control Act; park districts; for parks, boulevards, | ||||||
| 9 | driveways, parkways, viaducts, bridges, or tunnels. | ||||||
| 10 | (70 ILCS 1250/2); Park Commissioners Street Control (1889) | ||||||
| 11 | Act; park districts; for boulevards or driveways. | ||||||
| 12 | (70 ILCS 1290/1); Park District Aquarium and Museum Act; | ||||||
| 13 | municipalities or park districts; for aquariums or | ||||||
| 14 | museums. | ||||||
| 15 | (70 ILCS 1305/2); Park District Airport Zoning Act; park | ||||||
| 16 | districts; for restriction of the height of structures. | ||||||
| 17 | (70 ILCS 1310/5); Park District Elevated Highway Act; park | ||||||
| 18 | districts; for elevated highways. | ||||||
| 19 | (70 ILCS 1505/15); Chicago Park District Act; Chicago Park | ||||||
| 20 | District; for parks and other purposes. | ||||||
| 21 | (70 ILCS 1505/25.1); Chicago Park District Act; Chicago Park | ||||||
| 22 | District; for parking lots or garages. | ||||||
| 23 | (70 ILCS 1505/26.3); Chicago Park District Act; Chicago Park | ||||||
| 24 | District; for harbors. | ||||||
| 25 | (70 ILCS 1570/5); Lincoln Park Commissioners Land Condemnation | ||||||
| 26 | Act; Lincoln Park Commissioners; for land and interests in | ||||||
| |||||||
| |||||||
| 1 | land, including riparian rights. | ||||||
| 2 | (70 ILCS 1801/30); Alexander-Cairo Port District Act; | ||||||
| 3 | Alexander-Cairo Port District; for general purposes. | ||||||
| 4 | (70 ILCS 1805/8); Havana Regional Port District Act; Havana | ||||||
| 5 | Regional Port District; for general purposes. | ||||||
| 6 | (70 ILCS 1810/7); Illinois International Port District Act; | ||||||
| 7 | Illinois International Port District; for general | ||||||
| 8 | purposes. | ||||||
| 9 | (70 ILCS 1815/13); Illinois Valley Regional Port District Act; | ||||||
| 10 | Illinois Valley Regional Port District; for general | ||||||
| 11 | purposes. | ||||||
| 12 | (70 ILCS 1820/4); Jackson-Union Counties Regional Port | ||||||
| 13 | District Act; Jackson-Union Counties Regional Port | ||||||
| 14 | District; for removal of airport hazards or reduction of | ||||||
| 15 | the height of objects or structures. | ||||||
| 16 | (70 ILCS 1820/5); Jackson-Union Counties Regional Port | ||||||
| 17 | District Act; Jackson-Union Counties Regional Port | ||||||
| 18 | District; for general purposes. | ||||||
| 19 | (70 ILCS 1825/4.9); Joliet Regional Port District Act; Joliet | ||||||
| 20 | Regional Port District; for removal of airport hazards. | ||||||
| 21 | (70 ILCS 1825/4.10); Joliet Regional Port District Act; Joliet | ||||||
| 22 | Regional Port District; for reduction of the height of | ||||||
| 23 | objects or structures. | ||||||
| 24 | (70 ILCS 1825/4.18); Joliet Regional Port District Act; Joliet | ||||||
| 25 | Regional Port District; for removal of hazards from ports | ||||||
| 26 | and terminals. | ||||||
| |||||||
| |||||||
| 1 | (70 ILCS 1825/5); Joliet Regional Port District Act; Joliet | ||||||
| 2 | Regional Port District; for general purposes. | ||||||
| 3 | (70 ILCS 1830/7.1); Kaskaskia Regional Port District Act; | ||||||
| 4 | Kaskaskia Regional Port District; for removal of hazards | ||||||
| 5 | from ports and terminals. | ||||||
| 6 | (70 ILCS 1830/14); Kaskaskia Regional Port District Act; | ||||||
| 7 | Kaskaskia Regional Port District; for general purposes. | ||||||
| 8 | (70 ILCS 1831/30); Massac-Metropolis Port District Act; | ||||||
| 9 | Massac-Metropolis Port District; for general purposes. | ||||||
| 10 | (70 ILCS 1835/5.10); Mt. Carmel Regional Port District Act; | ||||||
| 11 | Mt. Carmel Regional Port District; for removal of airport | ||||||
| 12 | hazards. | ||||||
| 13 | (70 ILCS 1837/30); Ottawa Port District Act; Ottawa Port | ||||||
| 14 | District; for general purposes. | ||||||
| 15 | (70 ILCS 1842/30 and 1842/35); Rock Island Regional Port | ||||||
| 16 | District Act; Rock Island Regional Port District and | ||||||
| 17 | participating municipalities; for general Port District | ||||||
| 18 | purposes. | ||||||
| 19 | (70 ILCS 1845/4.9); Seneca Regional Port District Act; Seneca | ||||||
| 20 | Regional Port District; for removal of airport hazards. | ||||||
| 21 | (70 ILCS 1845/4.10); Seneca Regional Port District Act; Seneca | ||||||
| 22 | Regional Port District; for reduction of the height of | ||||||
| 23 | objects or structures. | ||||||
| 24 | (70 ILCS 1845/5); Seneca Regional Port District Act; Seneca | ||||||
| 25 | Regional Port District; for general purposes. | ||||||
| 26 | (70 ILCS 1850/4); Shawneetown Regional Port District Act; | ||||||
| |||||||
| |||||||
| 1 | Shawneetown Regional Port District; for removal of airport | ||||||
| 2 | hazards or reduction of the height of objects or | ||||||
| 3 | structures. | ||||||
| 4 | (70 ILCS 1850/5); Shawneetown Regional Port District Act; | ||||||
| 5 | Shawneetown Regional Port District; for general purposes. | ||||||
| 6 | (70 ILCS 1860/4); Tri-City Regional Port District Act; | ||||||
| 7 | Tri-City Regional Port District; for removal of airport | ||||||
| 8 | hazards. | ||||||
| 9 | (70 ILCS 1860/5); Tri-City Regional Port District Act; | ||||||
| 10 | Tri-City Regional Port District; for the development of | ||||||
| 11 | facilities. | ||||||
| 12 | (70 ILCS 1863/11); Upper Mississippi River International Port | ||||||
| 13 | District Act; Upper Mississippi River International Port | ||||||
| 14 | District; for general purposes. | ||||||
| 15 | (70 ILCS 1865/4.9); Waukegan Port District Act; Waukegan Port | ||||||
| 16 | District; for removal of airport hazards. | ||||||
| 17 | (70 ILCS 1865/4.10); Waukegan Port District Act; Waukegan Port | ||||||
| 18 | District; for restricting the height of objects or | ||||||
| 19 | structures. | ||||||
| 20 | (70 ILCS 1865/5); Waukegan Port District Act; Waukegan Port | ||||||
| 21 | District; for the development of facilities. | ||||||
| 22 | (70 ILCS 1905/16); Railroad Terminal Authority Act; Railroad | ||||||
| 23 | Terminal Authority (Chicago); for general purposes. | ||||||
| 24 | (70 ILCS 2105/9b); River Conservancy Districts Act; river | ||||||
| 25 | conservancy districts; for general purposes. | ||||||
| 26 | (70 ILCS 2105/10a); River Conservancy Districts Act; river | ||||||
| |||||||
| |||||||
| 1 | conservancy districts; for corporate purposes. | ||||||
| 2 | (70 ILCS 2205/15); Sanitary District Act of 1907; sanitary | ||||||
| 3 | districts; for corporate purposes. | ||||||
| 4 | (70 ILCS 2205/18); Sanitary District Act of 1907; sanitary | ||||||
| 5 | districts; for improvements and works. | ||||||
| 6 | (70 ILCS 2205/19); Sanitary District Act of 1907; sanitary | ||||||
| 7 | districts; for access to property. | ||||||
| 8 | (70 ILCS 2305/8); North Shore Water Reclamation District Act; | ||||||
| 9 | North Shore Water Reclamation District; for corporate | ||||||
| 10 | purposes. | ||||||
| 11 | (70 ILCS 2305/15); North Shore Water Reclamation District Act; | ||||||
| 12 | North Shore Water Reclamation District; for improvements. | ||||||
| 13 | (70 ILCS 2405/7.9); Sanitary District Act of 1917; Sanitary | ||||||
| 14 | District of Decatur; for carrying out agreements to sell, | ||||||
| 15 | convey, or disburse treated wastewater to a private | ||||||
| 16 | entity. | ||||||
| 17 | (70 ILCS 2405/8); Sanitary District Act of 1917; sanitary | ||||||
| 18 | districts; for corporate purposes. | ||||||
| 19 | (70 ILCS 2405/15); Sanitary District Act of 1917; sanitary | ||||||
| 20 | districts; for improvements. | ||||||
| 21 | (70 ILCS 2405/16.9 and 2405/16.10); Sanitary District Act of | ||||||
| 22 | 1917; sanitary districts; for waterworks. | ||||||
| 23 | (70 ILCS 2405/17.2); Sanitary District Act of 1917; sanitary | ||||||
| 24 | districts; for public sewer and water utility treatment | ||||||
| 25 | works. | ||||||
| 26 | (70 ILCS 2405/18); Sanitary District Act of 1917; sanitary | ||||||
| |||||||
| |||||||
| 1 | districts; for dams or other structures to regulate water | ||||||
| 2 | flow. | ||||||
| 3 | (70 ILCS 2605/8); Metropolitan Water Reclamation District Act; | ||||||
| 4 | Metropolitan Water Reclamation District; for corporate | ||||||
| 5 | purposes. | ||||||
| 6 | (70 ILCS 2605/16); Metropolitan Water Reclamation District | ||||||
| 7 | Act; Metropolitan Water Reclamation District; quick-take | ||||||
| 8 | power for improvements. | ||||||
| 9 | (70 ILCS 2605/17); Metropolitan Water Reclamation District | ||||||
| 10 | Act; Metropolitan Water Reclamation District; for bridges. | ||||||
| 11 | (70 ILCS 2605/35); Metropolitan Water Reclamation District | ||||||
| 12 | Act; Metropolitan Water Reclamation District; for widening | ||||||
| 13 | and deepening a navigable stream. | ||||||
| 14 | (70 ILCS 2805/10); Sanitary District Act of 1936; sanitary | ||||||
| 15 | districts; for corporate purposes. | ||||||
| 16 | (70 ILCS 2805/24); Sanitary District Act of 1936; sanitary | ||||||
| 17 | districts; for improvements. | ||||||
| 18 | (70 ILCS 2805/26i and 2805/26j); Sanitary District Act of | ||||||
| 19 | 1936; sanitary districts; for drainage systems. | ||||||
| 20 | (70 ILCS 2805/27); Sanitary District Act of 1936; sanitary | ||||||
| 21 | districts; for dams or other structures to regulate water | ||||||
| 22 | flow. | ||||||
| 23 | (70 ILCS 2805/32k); Sanitary District Act of 1936; sanitary | ||||||
| 24 | districts; for water supply. | ||||||
| 25 | (70 ILCS 2805/32l); Sanitary District Act of 1936; sanitary | ||||||
| 26 | districts; for waterworks. | ||||||
| |||||||
| |||||||
| 1 | (70 ILCS 2905/2-7); Metro-East Sanitary District Act of 1974; | ||||||
| 2 | Metro-East Sanitary District; for corporate purposes. | ||||||
| 3 | (70 ILCS 2905/2-8); Metro-East Sanitary District Act of 1974; | ||||||
| 4 | Metro-East Sanitary District; for access to property. | ||||||
| 5 | (70 ILCS 3010/10); Sanitary District Revenue Bond Act; | ||||||
| 6 | sanitary districts; for sewerage systems. | ||||||
| 7 | (70 ILCS 3205/12); Illinois Sports Facilities Authority Act; | ||||||
| 8 | Illinois Sports Facilities Authority; quick-take power for | ||||||
| 9 | its corporate purposes (obsolete). | ||||||
| 10 | (70 ILCS 3405/16); Surface Water Protection District Act; | ||||||
| 11 | surface water protection districts; for corporate | ||||||
| 12 | purposes. | ||||||
| 13 | (70 ILCS 3605/7); Metropolitan Transit Authority Act; Chicago | ||||||
| 14 | Transit Authority; for transportation systems. | ||||||
| 15 | (70 ILCS 3605/8); Metropolitan Transit Authority Act; Chicago | ||||||
| 16 | Transit Authority; for general purposes. | ||||||
| 17 | (70 ILCS 3605/10); Metropolitan Transit Authority Act; Chicago | ||||||
| 18 | Transit Authority; for general purposes, including | ||||||
| 19 | railroad property. | ||||||
| 20 | (70 ILCS 3610/3 and 3610/5); Local Mass Transit District Act; | ||||||
| 21 | local mass transit districts; for general purposes. | ||||||
| 22 | (70 ILCS 3615/2.13); Regional Transportation Authority Act; | ||||||
| 23 | Regional Transportation Authority; for general purposes. | ||||||
| 24 | (70 ILCS 3705/8 and 3705/12); Public Water District Act; | ||||||
| 25 | public water districts; for waterworks. | ||||||
| 26 | (70 ILCS 3705/23a); Public Water District Act; public water | ||||||
| |||||||
| |||||||
| 1 | districts; for sewerage properties. | ||||||
| 2 | (70 ILCS 3705/23e); Public Water District Act; public water | ||||||
| 3 | districts; for combined waterworks and sewerage systems. | ||||||
| 4 | (70 ILCS 3715/6); Water Authorities Act; water authorities; | ||||||
| 5 | for facilities to ensure adequate water supply. | ||||||
| 6 | (70 ILCS 3715/27); Water Authorities Act; water authorities; | ||||||
| 7 | for access to property. | ||||||
| 8 | (75 ILCS 5/4-7); Illinois Local Library Act; boards of library | ||||||
| 9 | trustees; for library buildings. | ||||||
| 10 | (75 ILCS 16/30-55.80); Public Library District Act of 1991; | ||||||
| 11 | public library districts; for general purposes. | ||||||
| 12 | (75 ILCS 65/1 and 65/3); Libraries in Parks Act; corporate | ||||||
| 13 | authorities of city or park district, or board of park | ||||||
| 14 | commissioners; for free public library buildings. | ||||||
| 15 | (Source: 104-435, eff. 11-21-25; 104-454, eff. 12-12-25; | ||||||
| 16 | revised 1-8-26.) | ||||||
| 17 | (Text of Section after amendment by P.A. 104-457) | ||||||
| 18 | Sec. 15-5-15. Eminent domain powers in ILCS Chapters 70 | ||||||
| 19 | through 75. The following provisions of law may include | ||||||
| 20 | express grants of the power to acquire property by | ||||||
| 21 | condemnation or eminent domain: | ||||||
| 22 | (70 ILCS 5/8.02 and 5/9); Airport Authorities Act; airport | ||||||
| 23 | authorities; for public airport facilities. | ||||||
| 24 | (70 ILCS 5/8.05 and 5/9); Airport Authorities Act; airport | ||||||
| |||||||
| |||||||
| 1 | authorities; for removal of airport hazards. | ||||||
| 2 | (70 ILCS 5/8.06 and 5/9); Airport Authorities Act; airport | ||||||
| 3 | authorities; for reduction of the height of objects or | ||||||
| 4 | structures. | ||||||
| 5 | (70 ILCS 10/4); Interstate Airport Authorities Act; interstate | ||||||
| 6 | airport authorities; for general purposes. | ||||||
| 7 | (70 ILCS 15/3); Kankakee River Valley Area Airport Authority | ||||||
| 8 | Act; Kankakee River Valley Area Airport Authority; for | ||||||
| 9 | acquisition of land for airports. | ||||||
| 10 | (70 ILCS 200/2-20); Civic Center Code; civic center | ||||||
| 11 | authorities; for grounds, centers, buildings, and parking. | ||||||
| 12 | (70 ILCS 200/5-35); Civic Center Code; Aledo Civic Center | ||||||
| 13 | Authority; for grounds, centers, buildings, and parking. | ||||||
| 14 | (70 ILCS 200/10-15); Civic Center Code; Aurora Metropolitan | ||||||
| 15 | Exposition, Auditorium and Office Building Authority; for | ||||||
| 16 | grounds, centers, buildings, and parking. | ||||||
| 17 | (70 ILCS 200/15-40); Civic Center Code; Benton Civic Center | ||||||
| 18 | Authority; for grounds, centers, buildings, and parking. | ||||||
| 19 | (70 ILCS 200/20-15); Civic Center Code; Bloomington Civic | ||||||
| 20 | Center Authority; for grounds, centers, buildings, and | ||||||
| 21 | parking. | ||||||
| 22 | (70 ILCS 200/35-35); Civic Center Code; Brownstown Park | ||||||
| 23 | District Civic Center Authority; for grounds, centers, | ||||||
| 24 | buildings, and parking. | ||||||
| 25 | (70 ILCS 200/40-35); Civic Center Code; Carbondale Civic | ||||||
| 26 | Center Authority; for grounds, centers, buildings, and | ||||||
| |||||||
| |||||||
| 1 | parking. | ||||||
| 2 | (70 ILCS 200/55-60); Civic Center Code; Chicago South Civic | ||||||
| 3 | Center Authority; for grounds, centers, buildings, and | ||||||
| 4 | parking. | ||||||
| 5 | (70 ILCS 200/60-30); Civic Center Code; Collinsville | ||||||
| 6 | Metropolitan Exposition, Auditorium and Office Building | ||||||
| 7 | Authority; for grounds, centers, buildings, and parking. | ||||||
| 8 | (70 ILCS 200/70-35); Civic Center Code; Crystal Lake Civic | ||||||
| 9 | Center Authority; for grounds, centers, buildings, and | ||||||
| 10 | parking. | ||||||
| 11 | (70 ILCS 200/75-20); Civic Center Code; Decatur Metropolitan | ||||||
| 12 | Exposition, Auditorium and Office Building Authority; for | ||||||
| 13 | grounds, centers, buildings, and parking. | ||||||
| 14 | (70 ILCS 200/80-15); Civic Center Code; DuPage County | ||||||
| 15 | Metropolitan Exposition, Auditorium and Office Building | ||||||
| 16 | Authority; for grounds, centers, buildings, and parking. | ||||||
| 17 | (70 ILCS 200/85-35); Civic Center Code; Elgin Metropolitan | ||||||
| 18 | Exposition, Auditorium and Office Building Authority; for | ||||||
| 19 | grounds, centers, buildings, and parking. | ||||||
| 20 | (70 ILCS 200/95-25); Civic Center Code; Herrin Metropolitan | ||||||
| 21 | Exposition, Auditorium and Office Building Authority; for | ||||||
| 22 | grounds, centers, buildings, and parking. | ||||||
| 23 | (70 ILCS 200/110-35); Civic Center Code; Illinois Valley Civic | ||||||
| 24 | Center Authority; for grounds, centers, buildings, and | ||||||
| 25 | parking. | ||||||
| 26 | (70 ILCS 200/115-35); Civic Center Code; Jasper County Civic | ||||||
| |||||||
| |||||||
| 1 | Center Authority; for grounds, centers, buildings, and | ||||||
| 2 | parking. | ||||||
| 3 | (70 ILCS 200/120-25); Civic Center Code; Jefferson County | ||||||
| 4 | Metropolitan Exposition, Auditorium and Office Building | ||||||
| 5 | Authority; for grounds, centers, buildings, and parking. | ||||||
| 6 | (70 ILCS 200/125-15); Civic Center Code; Jo Daviess County | ||||||
| 7 | Civic Center Authority; for grounds, centers, buildings, | ||||||
| 8 | and parking. | ||||||
| 9 | (70 ILCS 200/130-30); Civic Center Code; Katherine Dunham | ||||||
| 10 | Metropolitan Exposition, Auditorium and Office Building | ||||||
| 11 | Authority; for grounds, centers, buildings, and parking. | ||||||
| 12 | (70 ILCS 200/145-35); Civic Center Code; Marengo Civic Center | ||||||
| 13 | Authority; for grounds, centers, buildings, and parking. | ||||||
| 14 | (70 ILCS 200/150-35); Civic Center Code; Mason County Civic | ||||||
| 15 | Center Authority; for grounds, centers, buildings, and | ||||||
| 16 | parking. | ||||||
| 17 | (70 ILCS 200/155-15); Civic Center Code; Matteson Metropolitan | ||||||
| 18 | Civic Center Authority; for grounds, centers, buildings, | ||||||
| 19 | and parking. | ||||||
| 20 | (70 ILCS 200/160-35); Civic Center Code; Maywood Civic Center | ||||||
| 21 | Authority; for grounds, centers, buildings, and parking. | ||||||
| 22 | (70 ILCS 200/165-35); Civic Center Code; Melrose Park | ||||||
| 23 | Metropolitan Exposition Auditorium and Office Building | ||||||
| 24 | Authority; for grounds, centers, buildings, and parking. | ||||||
| 25 | (70 ILCS 200/170-20); Civic Center Code; certain Metropolitan | ||||||
| 26 | Exposition, Auditorium and Office Building Authorities; | ||||||
| |||||||
| |||||||
| 1 | for general purposes. | ||||||
| 2 | (70 ILCS 200/180-35); Civic Center Code; Normal Civic Center | ||||||
| 3 | Authority; for grounds, centers, buildings, and parking. | ||||||
| 4 | (70 ILCS 200/185-15); Civic Center Code; Oak Park Civic Center | ||||||
| 5 | Authority; for grounds, centers, buildings, and parking. | ||||||
| 6 | (70 ILCS 200/195-35); Civic Center Code; Ottawa Civic Center | ||||||
| 7 | Authority; for grounds, centers, buildings, and parking. | ||||||
| 8 | (70 ILCS 200/200-15); Civic Center Code; Pekin Civic Center | ||||||
| 9 | Authority; for grounds, centers, buildings, and parking. | ||||||
| 10 | (70 ILCS 200/205-15); Civic Center Code; Peoria Civic Center | ||||||
| 11 | Authority; for grounds, centers, buildings, and parking. | ||||||
| 12 | (70 ILCS 200/210-35); Civic Center Code; Pontiac Civic Center | ||||||
| 13 | Authority; for grounds, centers, buildings, and parking. | ||||||
| 14 | (70 ILCS 200/215-15); Civic Center Code; Illinois Quad City | ||||||
| 15 | Civic Center Authority; for grounds, centers, buildings, | ||||||
| 16 | and parking. | ||||||
| 17 | (70 ILCS 200/220-30); Civic Center Code; Quincy Metropolitan | ||||||
| 18 | Exposition, Auditorium and Office Building Authority; for | ||||||
| 19 | grounds, centers, buildings, and parking. | ||||||
| 20 | (70 ILCS 200/225-35); Civic Center Code; Randolph County Civic | ||||||
| 21 | Center Authority; for grounds, centers, buildings, and | ||||||
| 22 | parking. | ||||||
| 23 | (70 ILCS 200/230-35); Civic Center Code; River Forest | ||||||
| 24 | Metropolitan Exposition, Auditorium and Office Building | ||||||
| 25 | Authority; for grounds, centers, buildings, and parking. | ||||||
| 26 | (70 ILCS 200/235-40); Civic Center Code; Riverside Civic | ||||||
| |||||||
| |||||||
| 1 | Center Authority; for grounds, centers, buildings, and | ||||||
| 2 | parking. | ||||||
| 3 | (70 ILCS 200/245-35); Civic Center Code; Salem Civic Center | ||||||
| 4 | Authority; for grounds, centers, buildings, and parking. | ||||||
| 5 | (70 ILCS 200/255-20); Civic Center Code; Springfield | ||||||
| 6 | Metropolitan Exposition and Auditorium Authority; for | ||||||
| 7 | grounds, centers, and parking. | ||||||
| 8 | (70 ILCS 200/260-35); Civic Center Code; Sterling Metropolitan | ||||||
| 9 | Exposition, Auditorium and Office Building Authority; for | ||||||
| 10 | grounds, centers, buildings, and parking. | ||||||
| 11 | (70 ILCS 200/265-20); Civic Center Code; Vermilion County | ||||||
| 12 | Metropolitan Exposition, Auditorium and Office Building | ||||||
| 13 | Authority; for grounds, centers, buildings, and parking. | ||||||
| 14 | (70 ILCS 200/270-35); Civic Center Code; Waukegan Civic Center | ||||||
| 15 | Authority; for grounds, centers, buildings, and parking. | ||||||
| 16 | (70 ILCS 200/275-35); Civic Center Code; West Frankfort Civic | ||||||
| 17 | Center Authority; for grounds, centers, buildings, and | ||||||
| 18 | parking. | ||||||
| 19 | (70 ILCS 200/280-20); Civic Center Code; Will County | ||||||
| 20 | Metropolitan Exposition and Auditorium Authority; for | ||||||
| 21 | grounds, centers, and parking. | ||||||
| 22 | (70 ILCS 210/5); Metropolitan Pier and Exposition Authority | ||||||
| 23 | Act; Metropolitan Pier and Exposition Authority; for | ||||||
| 24 | general purposes, including quick-take power. | ||||||
| 25 | (70 ILCS 405/22.04); Soil and Water Conservation Districts | ||||||
| 26 | Act; soil and water conservation districts; for general | ||||||
| |||||||
| |||||||
| 1 | purposes. | ||||||
| 2 | (70 ILCS 410/10 and 410/12); Conservation District Act; | ||||||
| 3 | conservation districts; for open space, wildland, scenic | ||||||
| 4 | roadway, pathway, outdoor recreation, or other | ||||||
| 5 | conservation benefits. | ||||||
| 6 | (70 ILCS 503/25); Chanute-Rantoul National Aviation Center | ||||||
| 7 | Redevelopment Commission Act; Chanute-Rantoul National | ||||||
| 8 | Aviation Center Redevelopment Commission; for general | ||||||
| 9 | purposes. | ||||||
| 10 | (70 ILCS 507/15); Fort Sheridan Redevelopment Commission Act; | ||||||
| 11 | Fort Sheridan Redevelopment Commission; for general | ||||||
| 12 | purposes or to carry out comprehensive or redevelopment | ||||||
| 13 | plans. | ||||||
| 14 | (70 ILCS 520/8); Southwestern Illinois Development Authority | ||||||
| 15 | Act; Southwestern Illinois Development Authority; for | ||||||
| 16 | general purposes, including quick-take power. | ||||||
| 17 | (70 ILCS 605/4-17 and 605/5-7); Illinois Drainage Code; | ||||||
| 18 | drainage districts; for general purposes. | ||||||
| 19 | (70 ILCS 615/5 and 615/6); Chicago Drainage District Act; | ||||||
| 20 | corporate authorities; for construction and maintenance of | ||||||
| 21 | works. | ||||||
| 22 | (70 ILCS 705/10); Fire Protection District Act; fire | ||||||
| 23 | protection districts; for general purposes. | ||||||
| 24 | (70 ILCS 750/20); Flood Prevention District Act; flood | ||||||
| 25 | prevention districts; for general purposes. | ||||||
| 26 | (70 ILCS 805/6); Downstate Forest Preserve District Act; | ||||||
| |||||||
| |||||||
| 1 | certain forest preserve districts; for general purposes. | ||||||
| 2 | (70 ILCS 805/18.8); Downstate Forest Preserve District Act; | ||||||
| 3 | certain forest preserve districts; for recreational and | ||||||
| 4 | cultural facilities. | ||||||
| 5 | (70 ILCS 810/8); Cook County Forest Preserve District Act; | ||||||
| 6 | Forest Preserve District of Cook County; for general | ||||||
| 7 | purposes. | ||||||
| 8 | (70 ILCS 810/38); Cook County Forest Preserve District Act; | ||||||
| 9 | Forest Preserve District of Cook County; for recreational | ||||||
| 10 | facilities. | ||||||
| 11 | (70 ILCS 910/15 and 910/16); Hospital District Law; hospital | ||||||
| 12 | districts; for hospitals or hospital facilities. | ||||||
| 13 | (70 ILCS 915/3); Illinois Medical District Act; Illinois | ||||||
| 14 | Medical District Commission; for general purposes. | ||||||
| 15 | (70 ILCS 915/4.5); Illinois Medical District Act; Illinois | ||||||
| 16 | Medical District Commission; quick-take power for the | ||||||
| 17 | Illinois State Police Forensic Science Laboratory | ||||||
| 18 | (obsolete). | ||||||
| 19 | (70 ILCS 920/5); Tuberculosis Sanitarium District Act; | ||||||
| 20 | tuberculosis sanitarium districts; for tuberculosis | ||||||
| 21 | sanitariums. | ||||||
| 22 | Capital City Downtown Medical District Act; Capital City | ||||||
| 23 | Downtown Medical District Commission; for general | ||||||
| 24 | purposes. | ||||||
| 25 | (70 ILCS 925/20); Mid-Illinois Medical District Act; | ||||||
| 26 | Mid-Illinois Medical District; for general purposes. | ||||||
| |||||||
| |||||||
| 1 | (70 ILCS 930/20); Mid-America Medical District Act; | ||||||
| 2 | Mid-America Medical District Commission; for general | ||||||
| 3 | purposes. | ||||||
| 4 | (70 ILCS 935/20); Roseland Community Medical District Act; | ||||||
| 5 | medical district; for general purposes. | ||||||
| 6 | (70 ILCS 1005/7); Mosquito Abatement District Act; mosquito | ||||||
| 7 | abatement districts; for general purposes. | ||||||
| 8 | (70 ILCS 1105/8); Museum District Act; museum districts; for | ||||||
| 9 | general purposes. | ||||||
| 10 | (70 ILCS 1205/7-1); Park District Code; park districts; for | ||||||
| 11 | streets and other purposes. | ||||||
| 12 | (70 ILCS 1205/8-1); Park District Code; park districts; for | ||||||
| 13 | parks. | ||||||
| 14 | (70 ILCS 1205/9-2 and 1205/9-4); Park District Code; park | ||||||
| 15 | districts; for airports and landing fields. | ||||||
| 16 | (70 ILCS 1205/11-2 and 1205/11-3); Park District Code; park | ||||||
| 17 | districts; for State land abutting public water and | ||||||
| 18 | certain access rights. | ||||||
| 19 | (70 ILCS 1205/11.1-3); Park District Code; park districts; for | ||||||
| 20 | harbors. | ||||||
| 21 | (70 ILCS 1225/2); Park Commissioners Land Condemnation Act; | ||||||
| 22 | park districts; for street widening. | ||||||
| 23 | (70 ILCS 1230/1 and 1230/1-a); Park Commissioners Water | ||||||
| 24 | Control Act; park districts; for parks, boulevards, | ||||||
| 25 | driveways, parkways, viaducts, bridges, or tunnels. | ||||||
| 26 | (70 ILCS 1250/2); Park Commissioners Street Control (1889) | ||||||
| |||||||
| |||||||
| 1 | Act; park districts; for boulevards or driveways. | ||||||
| 2 | (70 ILCS 1290/1); Park District Aquarium and Museum Act; | ||||||
| 3 | municipalities or park districts; for aquariums or | ||||||
| 4 | museums. | ||||||
| 5 | (70 ILCS 1305/2); Park District Airport Zoning Act; park | ||||||
| 6 | districts; for restriction of the height of structures. | ||||||
| 7 | (70 ILCS 1310/5); Park District Elevated Highway Act; park | ||||||
| 8 | districts; for elevated highways. | ||||||
| 9 | (70 ILCS 1505/15); Chicago Park District Act; Chicago Park | ||||||
| 10 | District; for parks and other purposes. | ||||||
| 11 | (70 ILCS 1505/25.1); Chicago Park District Act; Chicago Park | ||||||
| 12 | District; for parking lots or garages. | ||||||
| 13 | (70 ILCS 1505/26.3); Chicago Park District Act; Chicago Park | ||||||
| 14 | District; for harbors. | ||||||
| 15 | (70 ILCS 1570/5); Lincoln Park Commissioners Land Condemnation | ||||||
| 16 | Act; Lincoln Park Commissioners; for land and interests in | ||||||
| 17 | land, including riparian rights. | ||||||
| 18 | (70 ILCS 1801/30); Alexander-Cairo Port District Act; | ||||||
| 19 | Alexander-Cairo Port District; for general purposes. | ||||||
| 20 | (70 ILCS 1805/8); Havana Regional Port District Act; Havana | ||||||
| 21 | Regional Port District; for general purposes. | ||||||
| 22 | (70 ILCS 1810/7); Illinois International Port District Act; | ||||||
| 23 | Illinois International Port District; for general | ||||||
| 24 | purposes. | ||||||
| 25 | (70 ILCS 1815/13); Illinois Valley Regional Port District Act; | ||||||
| 26 | Illinois Valley Regional Port District; for general | ||||||
| |||||||
| |||||||
| 1 | purposes. | ||||||
| 2 | (70 ILCS 1820/4); Jackson-Union Counties Regional Port | ||||||
| 3 | District Act; Jackson-Union Counties Regional Port | ||||||
| 4 | District; for removal of airport hazards or reduction of | ||||||
| 5 | the height of objects or structures. | ||||||
| 6 | (70 ILCS 1820/5); Jackson-Union Counties Regional Port | ||||||
| 7 | District Act; Jackson-Union Counties Regional Port | ||||||
| 8 | District; for general purposes. | ||||||
| 9 | (70 ILCS 1825/4.9); Joliet Regional Port District Act; Joliet | ||||||
| 10 | Regional Port District; for removal of airport hazards. | ||||||
| 11 | (70 ILCS 1825/4.10); Joliet Regional Port District Act; Joliet | ||||||
| 12 | Regional Port District; for reduction of the height of | ||||||
| 13 | objects or structures. | ||||||
| 14 | (70 ILCS 1825/4.18); Joliet Regional Port District Act; Joliet | ||||||
| 15 | Regional Port District; for removal of hazards from ports | ||||||
| 16 | and terminals. | ||||||
| 17 | (70 ILCS 1825/5); Joliet Regional Port District Act; Joliet | ||||||
| 18 | Regional Port District; for general purposes. | ||||||
| 19 | (70 ILCS 1830/7.1); Kaskaskia Regional Port District Act; | ||||||
| 20 | Kaskaskia Regional Port District; for removal of hazards | ||||||
| 21 | from ports and terminals. | ||||||
| 22 | (70 ILCS 1830/14); Kaskaskia Regional Port District Act; | ||||||
| 23 | Kaskaskia Regional Port District; for general purposes. | ||||||
| 24 | (70 ILCS 1831/30); Massac-Metropolis Port District Act; | ||||||
| 25 | Massac-Metropolis Port District; for general purposes. | ||||||
| 26 | (70 ILCS 1835/5.10); Mt. Carmel Regional Port District Act; | ||||||
| |||||||
| |||||||
| 1 | Mt. Carmel Regional Port District; for removal of airport | ||||||
| 2 | hazards. | ||||||
| 3 | (70 ILCS 1837/30); Ottawa Port District Act; Ottawa Port | ||||||
| 4 | District; for general purposes. | ||||||
| 5 | (70 ILCS 1842/30 and 1842/35); Rock Island Regional Port | ||||||
| 6 | District Act; Rock Island Regional Port District and | ||||||
| 7 | participating municipalities; for general Port District | ||||||
| 8 | purposes. | ||||||
| 9 | (70 ILCS 1845/4.9); Seneca Regional Port District Act; Seneca | ||||||
| 10 | Regional Port District; for removal of airport hazards. | ||||||
| 11 | (70 ILCS 1845/4.10); Seneca Regional Port District Act; Seneca | ||||||
| 12 | Regional Port District; for reduction of the height of | ||||||
| 13 | objects or structures. | ||||||
| 14 | (70 ILCS 1845/5); Seneca Regional Port District Act; Seneca | ||||||
| 15 | Regional Port District; for general purposes. | ||||||
| 16 | (70 ILCS 1850/4); Shawneetown Regional Port District Act; | ||||||
| 17 | Shawneetown Regional Port District; for removal of airport | ||||||
| 18 | hazards or reduction of the height of objects or | ||||||
| 19 | structures. | ||||||
| 20 | (70 ILCS 1850/5); Shawneetown Regional Port District Act; | ||||||
| 21 | Shawneetown Regional Port District; for general purposes. | ||||||
| 22 | (70 ILCS 1860/4); Tri-City Regional Port District Act; | ||||||
| 23 | Tri-City Regional Port District; for removal of airport | ||||||
| 24 | hazards. | ||||||
| 25 | (70 ILCS 1860/5); Tri-City Regional Port District Act; | ||||||
| 26 | Tri-City Regional Port District; for the development of | ||||||
| |||||||
| |||||||
| 1 | facilities. | ||||||
| 2 | (70 ILCS 1863/11); Upper Mississippi River International Port | ||||||
| 3 | District Act; Upper Mississippi River International Port | ||||||
| 4 | District; for general purposes. | ||||||
| 5 | (70 ILCS 1865/4.9); Waukegan Port District Act; Waukegan Port | ||||||
| 6 | District; for removal of airport hazards. | ||||||
| 7 | (70 ILCS 1865/4.10); Waukegan Port District Act; Waukegan Port | ||||||
| 8 | District; for restricting the height of objects or | ||||||
| 9 | structures. | ||||||
| 10 | (70 ILCS 1865/5); Waukegan Port District Act; Waukegan Port | ||||||
| 11 | District; for the development of facilities. | ||||||
| 12 | (70 ILCS 1905/16); Railroad Terminal Authority Act; Railroad | ||||||
| 13 | Terminal Authority (Chicago); for general purposes. | ||||||
| 14 | (70 ILCS 2105/9b); River Conservancy Districts Act; river | ||||||
| 15 | conservancy districts; for general purposes. | ||||||
| 16 | (70 ILCS 2105/10a); River Conservancy Districts Act; river | ||||||
| 17 | conservancy districts; for corporate purposes. | ||||||
| 18 | (70 ILCS 2205/15); Sanitary District Act of 1907; sanitary | ||||||
| 19 | districts; for corporate purposes. | ||||||
| 20 | (70 ILCS 2205/18); Sanitary District Act of 1907; sanitary | ||||||
| 21 | districts; for improvements and works. | ||||||
| 22 | (70 ILCS 2205/19); Sanitary District Act of 1907; sanitary | ||||||
| 23 | districts; for access to property. | ||||||
| 24 | (70 ILCS 2305/8); North Shore Water Reclamation District Act; | ||||||
| 25 | North Shore Water Reclamation District; for corporate | ||||||
| 26 | purposes. | ||||||
| |||||||
| |||||||
| 1 | (70 ILCS 2305/15); North Shore Water Reclamation District Act; | ||||||
| 2 | North Shore Water Reclamation District; for improvements. | ||||||
| 3 | (70 ILCS 2405/7.9); Sanitary District Act of 1917; Sanitary | ||||||
| 4 | District of Decatur; for carrying out agreements to sell, | ||||||
| 5 | convey, or disburse treated wastewater to a private | ||||||
| 6 | entity. | ||||||
| 7 | (70 ILCS 2405/8); Sanitary District Act of 1917; sanitary | ||||||
| 8 | districts; for corporate purposes. | ||||||
| 9 | (70 ILCS 2405/15); Sanitary District Act of 1917; sanitary | ||||||
| 10 | districts; for improvements. | ||||||
| 11 | (70 ILCS 2405/16.9 and 2405/16.10); Sanitary District Act of | ||||||
| 12 | 1917; sanitary districts; for waterworks. | ||||||
| 13 | (70 ILCS 2405/17.2); Sanitary District Act of 1917; sanitary | ||||||
| 14 | districts; for public sewer and water utility treatment | ||||||
| 15 | works. | ||||||
| 16 | (70 ILCS 2405/18); Sanitary District Act of 1917; sanitary | ||||||
| 17 | districts; for dams or other structures to regulate water | ||||||
| 18 | flow. | ||||||
| 19 | (70 ILCS 2605/8); Metropolitan Water Reclamation District Act; | ||||||
| 20 | Metropolitan Water Reclamation District; for corporate | ||||||
| 21 | purposes. | ||||||
| 22 | (70 ILCS 2605/16); Metropolitan Water Reclamation District | ||||||
| 23 | Act; Metropolitan Water Reclamation District; quick-take | ||||||
| 24 | power for improvements. | ||||||
| 25 | (70 ILCS 2605/17); Metropolitan Water Reclamation District | ||||||
| 26 | Act; Metropolitan Water Reclamation District; for bridges. | ||||||
| |||||||
| |||||||
| 1 | (70 ILCS 2605/35); Metropolitan Water Reclamation District | ||||||
| 2 | Act; Metropolitan Water Reclamation District; for widening | ||||||
| 3 | and deepening a navigable stream. | ||||||
| 4 | (70 ILCS 2805/10); Sanitary District Act of 1936; sanitary | ||||||
| 5 | districts; for corporate purposes. | ||||||
| 6 | (70 ILCS 2805/24); Sanitary District Act of 1936; sanitary | ||||||
| 7 | districts; for improvements. | ||||||
| 8 | (70 ILCS 2805/26i and 2805/26j); Sanitary District Act of | ||||||
| 9 | 1936; sanitary districts; for drainage systems. | ||||||
| 10 | (70 ILCS 2805/27); Sanitary District Act of 1936; sanitary | ||||||
| 11 | districts; for dams or other structures to regulate water | ||||||
| 12 | flow. | ||||||
| 13 | (70 ILCS 2805/32k); Sanitary District Act of 1936; sanitary | ||||||
| 14 | districts; for water supply. | ||||||
| 15 | (70 ILCS 2805/32l); Sanitary District Act of 1936; sanitary | ||||||
| 16 | districts; for waterworks. | ||||||
| 17 | (70 ILCS 2905/2-7); Metro-East Sanitary District Act of 1974; | ||||||
| 18 | Metro-East Sanitary District; for corporate purposes. | ||||||
| 19 | (70 ILCS 2905/2-8); Metro-East Sanitary District Act of 1974; | ||||||
| 20 | Metro-East Sanitary District; for access to property. | ||||||
| 21 | (70 ILCS 3010/10); Sanitary District Revenue Bond Act; | ||||||
| 22 | sanitary districts; for sewerage systems. | ||||||
| 23 | (70 ILCS 3205/12); Illinois Sports Facilities Authority Act; | ||||||
| 24 | Illinois Sports Facilities Authority; quick-take power for | ||||||
| 25 | its corporate purposes (obsolete). | ||||||
| 26 | (70 ILCS 3405/16); Surface Water Protection District Act; | ||||||
| |||||||
| |||||||
| 1 | surface water protection districts; for corporate | ||||||
| 2 | purposes. | ||||||
| 3 | (70 ILCS 3605/7); Chicago Transit Authority Act; Chicago | ||||||
| 4 | Transit Authority; for transportation systems. | ||||||
| 5 | (70 ILCS 3605/8); Chicago Transit Authority Act; Chicago | ||||||
| 6 | Transit Authority; for general purposes. | ||||||
| 7 | (70 ILCS 3605/10); Chicago Transit Authority Act; Chicago | ||||||
| 8 | Transit Authority; for general purposes, including | ||||||
| 9 | railroad property. | ||||||
| 10 | (70 ILCS 3610/3 and 3610/5); Local Mass Transit District Act; | ||||||
| 11 | local mass transit districts; for general purposes. | ||||||
| 12 | (70 ILCS 3615/2.13); Northern Illinois Transit Authority Act; | ||||||
| 13 | Northern Illinois Transit Authority; for general purposes. | ||||||
| 14 | (70 ILCS 3705/8 and 3705/12); Public Water District Act; | ||||||
| 15 | public water districts; for waterworks. | ||||||
| 16 | (70 ILCS 3705/23a); Public Water District Act; public water | ||||||
| 17 | districts; for sewerage properties. | ||||||
| 18 | (70 ILCS 3705/23e); Public Water District Act; public water | ||||||
| 19 | districts; for combined waterworks and sewerage systems. | ||||||
| 20 | (70 ILCS 3715/6); Water Authorities Act; water authorities; | ||||||
| 21 | for facilities to ensure adequate water supply. | ||||||
| 22 | (70 ILCS 3715/27); Water Authorities Act; water authorities; | ||||||
| 23 | for access to property. | ||||||
| 24 | (75 ILCS 5/4-7); Illinois Local Library Act; boards of library | ||||||
| 25 | trustees; for library buildings. | ||||||
| 26 | (75 ILCS 16/30-55.80); Public Library District Act of 1991; | ||||||
| |||||||
| |||||||
| 1 | public library districts; for general purposes. | ||||||
| 2 | (75 ILCS 65/1 and 65/3); Libraries in Parks Act; corporate | ||||||
| 3 | authorities of city or park district, or board of park | ||||||
| 4 | commissioners; for free public library buildings. | ||||||
| 5 | (Source: 104-435, eff. 11-21-25; 104-454, eff. 12-12-25; | ||||||
| 6 | 104-457, Article 5, Section 5-925, eff. 6-1-26; 104-457, | ||||||
| 7 | Article 10, Section 10-75, eff. 6-1-26; 104-457, Article 15, | ||||||
| 8 | Section 15-210, eff. 6-1-26; revised 1-8-26.) | ||||||
| 9 | Section 10-915. The State Finance Act is amended by adding | ||||||
| 10 | Section 5.1039 as follows: | ||||||
| 11 | (30 ILCS 105/5.1039 new) | ||||||
| 12 | Sec. 5.1039. The Capital City Downtown Medical District | ||||||
| 13 | Income Fund. | ||||||
| 14 | (30 ILCS 105/5.593 rep.) | ||||||
| 15 | (30 ILCS 105/6z-60 rep.) | ||||||
| 16 | Section 10-920. The State Finance Act is amended by | ||||||
| 17 | repealing Sections 5.593 and 6z-60. | ||||||
| 18 | ARTICLE 99 | ||||||
| 19 | Section 99-95. No acceleration or delay. Where this Act | ||||||
| 20 | makes changes in a statute that is represented in this Act by | ||||||
| 21 | text that is not yet or no longer in effect (for example, a | ||||||
| |||||||
| |||||||
| 1 | Section represented by multiple versions), the use of that | ||||||
| 2 | text does not accelerate or delay the taking effect of (i) the | ||||||
| 3 | changes made by this Act or (ii) provisions derived from any | ||||||
| 4 | other Public Act. | ||||||
| 5 | Section 99-97. Severability. The provisions of this Act | ||||||
| 6 | are severable under Section 1.31 of the Statute on Statutes. | ||||||
| 7 | Section 99-99. Effective date. This Act takes effect upon | ||||||
| 8 | becoming law.". | ||||||
