Bill Text: IL HB3091 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: Amends the Illinois Municipal Code. Makes a technical change in a Section concerning a business development or redevelopment plan under the Act.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2025-01-07 - Session Sine Die [HB3091 Detail]

Download: Illinois-2023-HB3091-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3091 Introduced , by Rep. William "Will" Davis SYNOPSIS AS INTRODUCED:
65 ILCS 5/11-74.3-3 from Ch. 24, par. 11-74.3-3
Amends the Illinois Municipal Code. Makes a technical change in a Section concerning a business development or redevelopment plan under the Act.
LRB103 30965 AWJ 57545 b
A BILL FOR
HB3091 LRB103 30965 AWJ 57545 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Municipal Code is amended by
changing Section 11-74.3-3 as follows:
(65 ILCS 5/11-74.3-3) (from Ch. 24, par. 11-74.3-3)
Sec. 11-74.3-3. Powers of municipalities. In addition to
the the powers a municipality may now have, a municipality
shall have the following powers:
(1) To make and enter into all contracts necessary or
incidental to the implementation and furtherance of a
business district plan. A contract by and between the
municipality and any developer or other nongovernmental
person to pay or reimburse said developer or other
nongovernmental person for business district project costs
incurred or to be incurred by said developer or other
nongovernmental person shall not be deemed an economic
incentive agreement under Section 8-11-20, notwithstanding
the fact that such contract provides for the sharing,
rebate, or payment of retailers' occupation taxes or
service occupation taxes (including, without limitation,
taxes imposed pursuant to subsection (10)) the
municipality receives from the development or

HB3091 - 2 - LRB103 30965 AWJ 57545 b
redevelopment of properties in the business district.
Contracts entered into pursuant to this subsection shall
be binding upon successor corporate authorities of the
municipality and any party to such contract may seek to
enforce and compel performance of the contract by civil
action, mandamus, injunction, or other proceeding.
(2) Within a business district, to acquire by
purchase, donation, or lease, and to own, convey, lease,
mortgage, or dispose of land and other real or personal
property or rights or interests therein; and to grant or
acquire licenses, easements, and options with respect
thereto, all in the manner and at such price authorized by
law. No conveyance, lease, mortgage, disposition of land
or other property acquired by the municipality, or
agreement relating to the development of property, shall
be made or executed except pursuant to prior official
action of the municipality. No conveyance, lease,
mortgage, or other disposition of land owned by the
municipality, and no agreement relating to the development
of property, within a business district shall be made
without making public disclosure of the terms and
disposition of all bids and proposals submitted to the
municipality in connection therewith.
(2.5) To acquire property by eminent domain in
accordance with the Eminent Domain Act.
(3) To clear any area within a business district by

HB3091 - 3 - LRB103 30965 AWJ 57545 b
demolition or removal of any existing buildings,
structures, fixtures, utilities, or improvements, and to
clear and grade land.
(4) To install, repair, construct, reconstruct, or
relocate public streets, public utilities, and other
public site improvements within or without a business
district which are essential to the preparation of a
business district for use in accordance with a business
district plan.
(5) To renovate, rehabilitate, reconstruct, relocate,
repair, or remodel any existing buildings, structures,
works, utilities, or fixtures within any business
district.
(6) To construct public improvements, including but
not limited to buildings, structures, works, utilities, or
fixtures within any business district.
(7) To fix, charge, and collect fees, rents, and
charges for the use of any building, facility, or property
or any portion thereof owned or leased by the municipality
within a business district.
(8) To pay or cause to be paid business district
project costs. Any payments to be made by the municipality
to developers or other nongovernmental persons for
business district project costs incurred by such developer
or other nongovernmental person shall be made only
pursuant to the prior official action of the municipality

HB3091 - 4 - LRB103 30965 AWJ 57545 b
evidencing an intent to pay or cause to be paid such
business district project costs. A municipality is not
required to obtain any right, title, or interest in any
real or personal property in order to pay business
district project costs associated with such property. The
municipality shall adopt such accounting procedures as
shall be necessary to determine that such business
district project costs are properly paid.
(8.5) Utilize up to 1% of the revenue from a business
district retailers' occupation tax and service occupation
tax imposed under paragraph (10) and a hotel operators'
occupation tax under paragraph (11) of Section 11-74.3-3
in connection with one business district for eligible
costs in another business district that is:
(A) contiguous to the business district from which
the revenues are received;
(B) separated only by a public right of way from
the business district from which the revenues are
received; or
(C) separated only by forest preserve property
from the business district from which the revenues are
received if the closest boundaries of the business
districts that are separated by the forest preserve
property are less than one mile apart.
(9) To apply for and accept grants, guarantees,
donations of property or labor or any other thing of value

HB3091 - 5 - LRB103 30965 AWJ 57545 b
for use in connection with a business district project.
(10) If the municipality has by ordinance found and
determined that the business district is a blighted area
under this Law, to impose a retailers' occupation tax and
a service occupation tax in the business district for the
planning, execution, and implementation of business
district plans and to pay for business district project
costs as set forth in the business district plan approved
by the municipality.
(11) If the municipality has by ordinance found and
determined that the business district is a blighted area
under this Law, to impose a hotel operators' occupation
tax in the business district for the planning, execution,
and implementation of business district plans and to pay
for the business district project costs as set forth in
the business district plan approved by the municipality.
(Source: P.A. 99-452, eff. 1-1-16.)