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Illinois General Assembly· SB 2769Governor Approved

MUNI CD-PARKWAYS/BUSINESS DIST, the official text

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SB2769 Enrolled                        LRB104 16654 RTM 30058 b

1  AN ACT concerning local government.

2  Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4  Section 5. The Illinois Municipal Code is amended by

5 changing Section 11-74.3-6 as follows:

6  (65 ILCS 5/11-74.3-6)

7  Sec. 11-74.3-6. Business district revenue and obligations;

8 business district tax allocation fund.

9  (a) If the corporate authorities of a municipality have

10 approved a business district plan, have designated a business

11 district, and have elected to impose a tax by ordinance

12 pursuant to subsection (10) or (11) of Section 11-74.3-3, then

13 each year after the date of the approval of the ordinance but

14 terminating upon the date all business district project costs

15 and all obligations paying or reimbursing business district

16 project costs, if any, have been paid, but in no event later

17 than the dissolution date, all amounts generated by the

18 retailers' occupation tax and service occupation tax shall be

19 collected and the tax shall be enforced by the Department of

20 Revenue in the same manner as all retailers' occupation taxes

21 and service occupation taxes imposed in the municipality

22 imposing the tax and all amounts generated by the hotel

23 operators' occupation tax shall be collected and the tax shall
    SB2769 Enrolled  -2-             LRB104 16654 RTM 30058 b

1 be enforced by the municipality in the same manner as all hotel

2 operators' occupation taxes imposed in the municipality

3 imposing the tax. The corporate authorities of the

4 municipality shall deposit the proceeds of the taxes imposed

5 under subsections (10) and (11) of Section 11-74.3-3 into a

6 special fund of the municipality called the "[Name of]

7 Business District Tax Allocation Fund" for the purpose of

8 paying or reimbursing business district project costs and

9 obligations incurred in the payment of those costs.

10 Notwithstanding any other provision of this Act, a

11 municipality may, by a two-thirds vote of its corporate

12 authorities, transfer money among the Business District Tax

13 Allocation Funds of business districts if the business

14 districts are under the control of the municipality and the

15 transferred money is used for the purposes of paying business

16 district project costs as defined in this Act. All such

17 transfers shall be documented and reported annually to the

18 municipal corporate authorities, and that documentation shall

19 be made available to the public.

20  (b) The corporate authorities of a municipality that has

21 designated a business district under this Law may, by

22 ordinance, impose a Business District Retailers' Occupation

23 Tax upon all persons engaged in the business of selling

24 tangible personal property, other than an item of tangible

25 personal property titled or registered with an agency of this

26 State's government, at retail in the business district at a
    SB2769 Enrolled  -3-  LRB104 16654 RTM 30058 b

1 rate not to exceed 1% of the gross receipts from the sales made

2 in the course of such business, to be imposed only in 0.25%

3 increments. The tax may not be imposed on tangible personal

4 property taxed at the rate of 1% under the Retailers'

5 Occupation Tax Act (or at the 0% rate imposed under this

6 amendatory Act of the 102nd General Assembly). Beginning

7 December 1, 2019 and through December 31, 2020, this tax is not

8 imposed on sales of aviation fuel unless the tax revenue is

9 expended for airport-related purposes. If the District does

10 not have an airport-related purpose to which it dedicates

11 aviation fuel tax revenue, then aviation fuel is excluded from

12 the tax. Each municipality must comply with the certification

13 requirements for airport-related purposes under Section 2-22

14 of the Retailers' Occupation Tax Act. For purposes of this

15 Section, "airport-related purposes" has the meaning ascribed

16 in Section 6z-20.2 of the State Finance Act. Beginning January

17 1, 2021, this tax is not imposed on sales of aviation fuel for

18 so long as the revenue use requirements of 49 U.S.C. 47107(b)

19 and 49 U.S.C. 47133 are binding on the District.

20  The tax imposed under this subsection and all civil

21 penalties that may be assessed as an incident thereof shall be

22 collected and enforced by the Department of Revenue. The

23 certificate of registration that is issued by the Department

24 to a retailer under the Retailers' Occupation Tax Act shall

25 permit the retailer to engage in a business that is taxable

26 under any ordinance or resolution enacted pursuant to this
    SB2769 Enrolled  -4-  LRB104 16654 RTM 30058 b

1 subsection without registering separately with the Department

2 under such ordinance or resolution or under this subsection.

3 The Department of Revenue shall have full power to administer

4 and enforce this subsection; to collect all taxes and

5 penalties due under this subsection in the manner hereinafter

6 provided; and to determine all rights to credit memoranda

7 arising on account of the erroneous payment of tax or penalty

8 under this subsection. In the administration of, and

9 compliance with, this subsection, the Department and persons

10 who are subject to this subsection shall have the same rights,

11 remedies, privileges, immunities, powers and duties, and be

12 subject to the same conditions, restrictions, limitations,

13 penalties, exclusions, exemptions, and definitions of terms

14 and employ the same modes of procedure, as are prescribed in

15 Sections 1, 1a through 1o, 2 through 2-65 (in respect to all

16 provisions therein other than the State rate of tax), 2c

17 through 2h, 3 (except as to the disposition of taxes and

18 penalties collected, and except that the retailer's discount

19 is not allowed for taxes paid on aviation fuel that are subject

20 to the revenue use requirements of 49 U.S.C. 47107(b) and 49

21 U.S.C. 47133), 4, 5, 5a, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 5k, 5l, 6,

22 6a, 6b, 6c, 7, 8, 9, 10, 11, 12, 13, and 14 of the Retailers'

23 Occupation Tax Act and all provisions of the Uniform Penalty

24 and Interest Act, as fully as if those provisions were set

25 forth herein.

26  Persons subject to any tax imposed under this subsection
    SB2769 Enrolled  -5-  LRB104 16654 RTM 30058 b

1 may reimburse themselves for their seller's tax liability

2 under this subsection by separately stating the tax as an

3 additional charge, which charge may be stated in combination,

4 in a single amount, with State taxes that sellers are required

5 to collect under the Use Tax Act, in accordance with such

6 bracket schedules as the Department may prescribe.

7   Whenever the Department determines that a refund should be

8 made under this subsection to a claimant instead of issuing a

9 credit memorandum, the Department shall notify the State

10 Comptroller, who shall cause the order to be drawn for the

11 amount specified and to the person named in the notification

12 from the Department. The refund shall be paid by the State

13 Treasurer out of the business district retailers' occupation

14 tax fund or the Local Government Aviation Trust Fund, as

15 appropriate.

16  Except as otherwise provided in this paragraph, the

17 Department shall immediately pay over to the State Treasurer,

18 ex officio, as trustee, all taxes, penalties, and interest

19 collected under this subsection for deposit into the business

20 district retailers' occupation tax fund. Taxes and penalties

21 collected on aviation fuel sold on or after December 1, 2019,

22 shall be immediately paid over by the Department to the State

23 Treasurer, ex officio, as trustee, for deposit into the Local

24 Government Aviation Trust Fund. The Department shall only pay

25 moneys into the Local Government Aviation Trust Fund under

26 this Section for so long as the revenue use requirements of 49
    SB2769 Enrolled  -6-               LRB104 16654 RTM 30058 b

1 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the

2 District.

3   As soon as possible after the first day of each month,

4 beginning January 1, 2011, upon certification of the

5 Department of Revenue, the Comptroller shall order

6 transferred, and the Treasurer shall transfer, to the STAR

7 Bonds Revenue Fund the local sales tax increment, as defined

8 in the Innovation Development and Economy Act, collected under

9 this subsection during the second preceding calendar month for

10 sales within a STAR bond district.

11  After the monthly transfer to the STAR Bonds Revenue Fund,

12 on or before the 25th day of each calendar month, the

13 Department shall prepare and certify to the Comptroller the

14 disbursement of stated sums of money to named municipalities

15 from the business district retailers' occupation tax fund, the

16 municipalities to be those from which retailers have paid

17 taxes or penalties under this subsection to the Department

18 during the second preceding calendar month. The amount to be

19 paid to each municipality shall be the amount (not including

20 credit memoranda and not including taxes and penalties

21 collected on aviation fuel sold on or after December 1, 2019)

22 collected under this subsection during the second preceding

23 calendar month by the Department plus an amount the Department

24 determines is necessary to offset any amounts that were

25 erroneously paid to a different taxing body, and not including

26 an amount equal to the amount of refunds made during the second
    SB2769 Enrolled  -7-  LRB104 16654 RTM 30058 b

1 preceding calendar month by the Department, less 2% of that

2 amount (except the amount collected on aviation fuel sold on

3 or after December 1, 2019), which shall be deposited into the

4 Tax Compliance and Administration Fund and shall be used by

5 the Department, subject to appropriation, to cover the costs

6 of the Department in administering and enforcing the

7 provisions of this subsection, on behalf of such municipality,

8 and not including any amount that the Department determines is

9 necessary to offset any amounts that were payable to a

10 different taxing body but were erroneously paid to the

11 municipality, and not including any amounts that are

12 transferred to the STAR Bonds Revenue Fund. Within 10 days

13 after receipt by the Comptroller of the disbursement

14 certification to the municipalities provided for in this

15 subsection to be given to the Comptroller by the Department,

16 the Comptroller shall cause the orders to be drawn for the

17 respective amounts in accordance with the directions contained

18 in the certification. The proceeds of the tax paid to

19 municipalities under this subsection shall be deposited into

20 the Business District Tax Allocation Fund by the municipality.

21  An ordinance imposing or discontinuing the tax under this

22 subsection or effecting a change in the rate thereof shall

23 either (i) be adopted and a certified copy thereof filed with

24 the Department on or before the first day of April, whereupon

25 the Department, if all other requirements of this subsection

26 are met, shall proceed to administer and enforce this
   SB2769 Enrolled  -8-               LRB104 16654 RTM 30058 b

1 subsection as of the first day of July next following the

2 adoption and filing; or (ii) be adopted and a certified copy

3 thereof filed with the Department on or before the first day of

4 October, whereupon, if all other requirements of this

5 subsection are met, the Department shall proceed to administer

6 and enforce this subsection as of the first day of January next

7 following the adoption and filing.

8  The Department of Revenue shall not administer or enforce

9 an ordinance imposing, discontinuing, or changing the rate of

10 the tax under this subsection, until the municipality also

11 provides, in the manner prescribed by the Department, the

12 boundaries of the business district and each address in the

13 business district in such a way that the Department can

14 determine by its address whether a business is located in the

15 business district. The municipality must provide this boundary

16 and address information to the Department on or before April 1

17 for administration and enforcement of the tax under this

18 subsection by the Department beginning on the following July 1

19 and on or before October 1 for administration and enforcement

20 of the tax under this subsection by the Department beginning

21 on the following January 1. The Department of Revenue shall

22 not administer or enforce any change made to the boundaries of

23 a business district or address change, addition, or deletion

24 until the municipality reports the boundary change or address

25 change, addition, or deletion to the Department in the manner

26 prescribed by the Department. The municipality must provide
    SB2769 Enrolled         -9-  LRB104 16654 RTM 30058 b

1 this boundary change information or address change, addition,

2 or deletion to the Department on or before April 1 for

3 administration and enforcement by the Department of the change

4 beginning on the following July 1 and on or before October 1

5 for administration and enforcement by the Department of the

6 change beginning on the following January 1. The retailers in

7 the business district shall be responsible for charging the

8 tax imposed under this subsection. If a retailer is

9 incorrectly included or excluded from the list of those

10 required to collect the tax under this subsection, both the

11 Department of Revenue and the retailer shall be held harmless

12 if they reasonably relied on information provided by the

13 municipality.

14  A municipality that imposes the tax under this subsection

15 must submit to the Department of Revenue any other information

16 as the Department may require for the administration and

17 enforcement of the tax.

18  When certifying the amount of a monthly disbursement to a

19 municipality under this subsection, the Department shall

20 increase or decrease the amount by an amount necessary to

21 offset any misallocation of previous disbursements. The offset

22 amount shall be the amount erroneously disbursed within the

23 previous 6 months from the time a misallocation is discovered.

24  Nothing in this subsection shall be construed to authorize

25 the municipality to impose a tax upon the privilege of

26 engaging in any business which under the Constitution of the
   SB2769 Enrolled  - 10 - LRB104 16654 RTM 30058 b

1 United States may not be made the subject of taxation by this

2 State.

3  If a tax is imposed under this subsection (b), a tax shall

4 also be imposed under subsection (c) of this Section.

5  (c) If a tax has been imposed under subsection (b), a

6 Business District Service Occupation Tax shall also be imposed

7 upon all persons engaged, in the business district, in the

8 business of making sales of service, who, as an incident to

9 making those sales of service, transfer tangible personal

10 property within the business district, either in the form of

11 tangible personal property or in the form of real estate as an

12 incident to a sale of service. The tax shall be imposed at the

13 same rate as the tax imposed in subsection (b) and shall not

14 exceed 1% of the selling price of tangible personal property

15 so transferred within the business district, to be imposed

16 only in 0.25% increments. The tax may not be imposed on

17 tangible personal property taxed at the 1% rate under the

18 Service Occupation Tax Act (or at the 0% rate imposed under

19 this amendatory Act of the 102nd General Assembly). Beginning

20 December 1, 2019, this tax is not imposed on sales of aviation

21 fuel unless the tax revenue is expended for airport-related

22 purposes. If the District does not have an airport-related

23 purpose to which it dedicates aviation fuel tax revenue, then

24 aviation fuel is excluded from the tax. Each municipality must

25 comply with the certification requirements for airport-related

26 purposes under Section 2-22 of the Retailers' Occupation Tax
   SB2769 Enrolled          - 11 - LRB104 16654 RTM 30058 b

1 Act. For purposes of this Act, "airport-related purposes" has

2 the meaning ascribed in Section 6z-20.2 of the State Finance

3 Act. Beginning January 1, 2021, this tax is not imposed on

4 sales of aviation fuel for so long as the revenue use

5 requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are

6 binding on the District.

7  The tax imposed under this subsection and all civil

8 penalties that may be assessed as an incident thereof shall be

9 collected and enforced by the Department of Revenue. The

10 certificate of registration which is issued by the Department

11 to a retailer under the Retailers' Occupation Tax Act or under

12 the Service Occupation Tax Act shall permit such registrant to

13 engage in a business which is taxable under any ordinance or

14 resolution enacted pursuant to this subsection without

15 registering separately with the Department under such

16 ordinance or resolution or under this subsection. The

17 Department of Revenue shall have full power to administer and

18 enforce this subsection; to collect all taxes and penalties

19 due under this subsection; to dispose of taxes and penalties

20 so collected in the manner hereinafter provided; and to

21 determine all rights to credit memoranda arising on account of

22 the erroneous payment of tax or penalty under this subsection.

23 In the administration of, and compliance with this subsection,

24 the Department and persons who are subject to this subsection

25 shall have the same rights, remedies, privileges, immunities,

26 powers and duties, and be subject to the same conditions,
    SB2769 Enrolled  - 12 - LRB104 16654 RTM 30058 b

1 restrictions, limitations, penalties, exclusions, exemptions,

2 and definitions of terms and employ the same modes of

3 procedure as are prescribed in Sections 2, 2a through 2d, 3

4 through 3-50 (in respect to all provisions therein other than

5 the State rate of tax), 4 (except that the reference to the

6 State shall be to the business district), 5, 7, 8 (except that

7 the jurisdiction to which the tax shall be a debt to the extent

8 indicated in that Section 8 shall be the municipality), 9

9 (except as to the disposition of taxes and penalties

10 collected, and except that the returned merchandise credit for

11 this tax may not be taken against any State tax, and except

12 that the retailer's discount is not allowed for taxes paid on

13 aviation fuel that are subject to the revenue use requirements

14 of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 10, 11, 12 (except

15 the reference therein to Section 2b of the Retailers'

16 Occupation Tax Act), 13 (except that any reference to the

17 State shall mean the municipality), the first paragraph of

18 Section 15, and Sections 16, 17, 18, 19 and 20 of the Service

19 Occupation Tax Act and all provisions of the Uniform Penalty

20 and Interest Act, as fully as if those provisions were set

21 forth herein.

22  Persons subject to any tax imposed under the authority

23 granted in this subsection may reimburse themselves for their

24 serviceman's tax liability hereunder by separately stating the

25 tax as an additional charge, which charge may be stated in

26 combination, in a single amount, with State tax that
    SB2769 Enrolled          - 13 - LRB104 16654 RTM 30058 b

1 servicemen are authorized to collect under the Service Use Tax

2 Act, in accordance with such bracket schedules as the

3 Department may prescribe.

4   Whenever the Department determines that a refund should be

5 made under this subsection 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 business district 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,

15 ex-officio, as trustee, all taxes, penalties, and interest

16 collected under this subsection for deposit into the business

17 district retailers' occupation tax fund. Taxes and penalties

18 collected on aviation fuel sold on or after December 1, 2019,

19 shall be immediately paid over by the Department to the State

20 Treasurer, ex officio, as trustee, for deposit into the Local

21 Government Aviation Trust Fund. The Department shall only pay

22 moneys into the Local Government Aviation Trust Fund under

23 this Section for so long as the revenue use requirements of 49

24 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the

25 District.

26  As soon as possible after the first day of each month,
   SB2769 Enrolled  - 14 - LRB104 16654 RTM 30058 b

1 beginning January 1, 2011, upon certification of the

2 Department of Revenue, the Comptroller shall order

3 transferred, and the Treasurer shall transfer, to the STAR

4 Bonds Revenue Fund the local sales tax increment, as defined

5 in the Innovation Development and Economy Act, collected under

6 this subsection during the second preceding calendar month for

7 sales within a STAR bond district.

8  After the monthly transfer to the STAR Bonds Revenue Fund,

9 on or before the 25th day of each calendar month, the

10 Department shall prepare and certify to the Comptroller the

11 disbursement of stated sums of money to named municipalities

12 from the business district retailers' occupation tax fund, the

13 municipalities to be those from which suppliers and servicemen

14 have paid taxes or penalties under this subsection to the

15 Department during the second preceding calendar month. The

16 amount to be paid to each municipality shall be the amount (not

17 including credit memoranda and not including taxes and

18 penalties collected on aviation fuel sold on or after December

19 1, 2019) collected under this subsection during the second

20 preceding calendar month by the Department, less 2% of that

21 amount (except the amount collected on aviation fuel sold on

22 or after December 1, 2019), which shall be deposited into the

23 Tax Compliance and Administration Fund and shall be used by

24 the Department, subject to appropriation, to cover the costs

25 of the Department in administering and enforcing the

26 provisions of this subsection, and not including an amount
    SB2769 Enrolled  - 15 - LRB104 16654 RTM 30058 b

1 equal to the amount of refunds made during the second

2 preceding calendar month by the Department on behalf of such

3 municipality, and not including any amounts that are

4 transferred to the STAR Bonds Revenue Fund. Within 10 days

5 after receipt, by the Comptroller, of the disbursement

6 certification to the municipalities, provided for in this

7 subsection to be given to the Comptroller by the Department,

8 the Comptroller shall cause the orders to be drawn for the

9 respective amounts in accordance with the directions contained

10 in such certification. The proceeds of the tax paid to

11 municipalities under this subsection shall be deposited into

12 the Business District Tax Allocation Fund by the municipality.

13  An ordinance imposing or discontinuing the tax under this

14 subsection or effecting a change in the rate thereof shall

15 either (i) be adopted and a certified copy thereof filed with

16 the Department on or before the first day of April, whereupon

17 the Department, if all other requirements of this subsection

18 are met, shall proceed to administer and enforce this

19 subsection as of the first day of July next following the

20 adoption and filing; or (ii) be adopted and a certified copy

21 thereof filed with the Department on or before the first day of

22 October, whereupon, if all other conditions of this subsection

23 are met, the Department shall proceed to administer and

24 enforce this subsection as of the first day of January next

25 following the adoption and filing.

26  The Department of Revenue shall not administer or enforce
SB2769 Enrolled  - 16 - LRB104 16654 RTM 30058 b

 1 an ordinance imposing, discontinuing, or changing the rate of
 2 the tax under this subsection, until the municipality also
 3 provides, in the manner prescribed by the Department, the
 4 boundaries of the business district in such a way that the
 5 Department can determine by its address whether a business is
 6 located in the business district. The municipality must
 7 provide this boundary and address information to the
 8 Department on or before April 1 for administration and
 9 enforcement of the tax under this subsection by the Department
10 beginning on the following July 1 and on or before October 1
11 for administration and enforcement of the tax under this
12 subsection by the Department beginning on the following
13 January 1. The Department of Revenue shall not administer or
14 enforce any change made to the boundaries of a business
15 district or address change, addition, or deletion until the
16 municipality reports the boundary change or address change,
17 addition, or deletion to the Department in the manner
18 prescribed by the Department. The municipality must provide
19 this boundary change information or address change, addition,
20 or deletion to the Department on or before April 1 for
21 administration and enforcement by the Department of the change
22 beginning on the following July 1 and on or before October 1
23 for administration and enforcement by the Department of the
24 change beginning on the following January 1. The retailers in
25 the business district shall be responsible for charging the
26 tax imposed under this subsection. If a retailer is
    SB2769 Enrolled         - 17 - LRB104 16654 RTM 30058 b

1 incorrectly included or excluded from the list of those

2 required to collect the tax under this subsection, both the

3 Department of Revenue and the retailer shall be held harmless

4 if they reasonably relied on information provided by the

5 municipality.

6   A municipality that imposes the tax under this subsection

7 must submit to the Department of Revenue any other information

8 as the Department may require for the administration and

9 enforcement of the tax.

10  Nothing in this subsection shall be construed to authorize

11 the municipality to impose a tax upon the privilege of

12 engaging in any business which under the Constitution of the

13 United States may not be made the subject of taxation by the

14 State.

15  If a tax is imposed under this subsection (c), a tax shall

16 also be imposed under subsection (b) of this Section.

17  (c-5) If, on January 1, 2025, a unit of local government

18 has in effect a tax under this Section, or if, after January 1,

19 2025, a unit of local government imposes a tax under this

20 Section, then that tax applies to leases of tangible personal

21 property in effect, entered into, or renewed on or after that

22 date in the same manner as the tax under this Section and in

23 accordance with the changes made by this amendatory Act of the

24 103rd General Assembly.

25  (d) By ordinance, a municipality that has designated a

26 business district under this Law may impose an occupation tax
    SB2769 Enrolled  - 18 - LRB104 16654 RTM 30058 b

1 upon all persons engaged in the business district in the

2 business of renting, leasing, or letting rooms in a hotel, as

3 defined in the Hotel Operators' Occupation Tax Act, at a rate

4 not to exceed 1% of the gross rental receipts from the renting,

5 leasing, or letting of hotel rooms within the business

6 district, to be imposed only in 0.25% increments, excluding,

7 however, from gross rental receipts the proceeds of renting,

8 leasing, or letting to permanent residents of a hotel, as

9 defined in the Hotel Operators' Occupation Tax Act, and

10 proceeds from the tax imposed under subsection (c) of Section

11 13 of the Metropolitan Pier and Exposition Authority Act.

12  The tax imposed by the municipality under this subsection

13 and all civil penalties that may be assessed as an incident to

14 that tax shall be collected and enforced by the municipality

15 imposing the tax. The municipality shall have full power to

16 administer and enforce this subsection, to collect all taxes

17 and penalties due under this subsection, to dispose of taxes

18 and penalties so collected in the manner provided in this

19 subsection, and to determine all rights to credit memoranda

20 arising on account of the erroneous payment of tax or penalty

21 under this subsection. In the administration of and compliance

22 with this subsection, the municipality and persons who are

23 subject to this subsection shall have the same rights,

24 remedies, privileges, immunities, powers, and duties, shall be

25 subject to the same conditions, restrictions, limitations,

26 penalties, and definitions of terms, and shall employ the same
    SB2769 Enrolled  - 19 - LRB104 16654 RTM 30058 b

1 modes of procedure as are employed with respect to a tax

2 adopted by the municipality under Section 8-3-14 of this Code.

3   Persons subject to any tax imposed under the authority

4 granted in this subsection may reimburse themselves for their

5 tax liability for that tax by separately stating that tax as an

6 additional charge, which charge may be stated in combination,

7 in a single amount, with State taxes imposed under the Hotel

8 Operators' Occupation Tax Act, and with any other tax.

9   Nothing in this subsection shall be construed to authorize

10 a municipality to impose a tax upon the privilege of engaging

11 in any business which under the Constitution of the United

12 States may not be made the subject of taxation by this State.

13  The proceeds of the tax imposed under this subsection

14 shall be deposited into the Business District Tax Allocation

15 Fund.

16  (e) Obligations secured by the Business District Tax

17 Allocation Fund may be issued to provide for the payment or

18 reimbursement of business district project costs. Those

19 obligations, when so issued, shall be retired in the manner

20 provided in the ordinance authorizing the issuance of those

21 obligations by the receipts of taxes imposed pursuant to

22 subsections (10) and (11) of Section 11-74.3-3 and by other

23 revenue designated or pledged by the municipality. A

24 municipality may in the ordinance pledge, for any period of

25 time up to and including the dissolution date, all or any part

26 of the funds in and to be deposited in the Business District
    SB2769 Enrolled  - 20 - LRB104 16654 RTM 30058 b

1 Tax Allocation Fund to the payment of business district

2 project costs and obligations. Whenever a municipality pledges

3 all of the funds to the credit of a business district tax

4 allocation fund to secure obligations issued or to be issued

5 to pay or reimburse business district project costs, the

6 municipality may specifically provide that funds remaining to

7 the credit of such business district tax allocation fund after

8 the payment of such obligations shall be accounted for

9 annually and shall be deemed to be "surplus" funds, and such

10 "surplus" funds shall be expended by the municipality for any

11 business district project cost as approved in the business

12 district plan. Whenever a municipality pledges less than all

13 of the monies to the credit of a business district tax

14 allocation fund to secure obligations issued or to be issued

15 to pay or reimburse business district project costs, the

16 municipality shall provide that monies to the credit of the

17 business district tax allocation fund and not subject to such

18 pledge or otherwise encumbered or required for payment of

19 contractual obligations for specific business district project

20 costs shall be calculated annually and shall be deemed to be

21 "surplus" funds, and such "surplus" funds shall be expended by

22 the municipality for any business district project cost as

23 approved in the business district plan.

24  No obligation issued pursuant to this Law and secured by a

25 pledge of all or any portion of any revenues received or to be

26 received by the municipality from the imposition of taxes
    SB2769 Enrolled  - 21 - LRB104 16654 RTM 30058 b

1 pursuant to subsection (10) of Section 11-74.3-3, shall be

2 deemed to constitute an economic incentive agreement under

3 Section 8-11-20, notwithstanding the fact that such pledge

4 provides for the sharing, rebate, or payment of retailers'

5 occupation taxes or service occupation taxes imposed pursuant

6 to subsection (10) of Section 11-74.3-3 and received or to be

7 received by the municipality from the development or

8 redevelopment of properties in the business district.

9   Without limiting the foregoing in this Section, the

10 municipality may further secure obligations secured by the

11 business district tax allocation fund with a pledge, for a

12 period not greater than the term of the obligations and in any

13 case not longer than the dissolution date, of any part or any

14 combination of the following: (i) net revenues of all or part

15 of any business district project; (ii) taxes levied or imposed

16 by the municipality on any or all property in the

17 municipality, including, specifically, taxes levied or imposed

18 by the municipality in a special service area pursuant to the

19 Special Service Area Tax Law; (iii) the full faith and credit

20 of the municipality; (iv) a mortgage on part or all of the

21 business district project; or (v) any other taxes or

22 anticipated receipts that the municipality may lawfully

23 pledge.

24  Such obligations may be issued in one or more series, bear

25 such date or dates, become due at such time or times as therein

26 provided, but in any case not later than (i) 20 years after the
    SB2769 Enrolled           - 22 - LRB104 16654 RTM 30058 b

1 date of issue or (ii) the dissolution date, whichever is

2 earlier, bear interest payable at such intervals and at such

3 rate or rates as set forth therein, except as may be limited by

4 applicable law, which rate or rates may be fixed or variable,

5 be in such denominations, be in such form, either coupon,

6 registered, or book-entry, carry such conversion, registration

7 and exchange privileges, be subject to defeasance upon such

8 terms, have such rank or priority, be executed in such manner,

9 be payable in such medium or payment at such place or places

10 within or without the State, make provision for a corporate

11 trustee within or without the State with respect to such

12 obligations, prescribe the rights, powers, and duties thereof

13 to be exercised for the benefit of the municipality and the

14 benefit of the owners of such obligations, provide for the

15 holding in trust, investment, and use of moneys, funds, and

16 accounts held under an ordinance, provide for assignment of

17 and direct payment of the moneys to pay such obligations or to

18 be deposited into such funds or accounts directly to such

19 trustee, be subject to such terms of redemption with or

20 without premium, and be sold at such price, all as the

21 corporate authorities shall determine. No referendum approval

22 of the electors shall be required as a condition to the

23 issuance of obligations pursuant to this Law except as

24 provided in this Section.

25  In the event the municipality authorizes the issuance of

26 obligations pursuant to the authority of this Law secured by
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1 the full faith and credit of the municipality, or pledges ad

2 valorem taxes pursuant to this subsection, which obligations

3 are other than obligations which may be issued under home rule

4 powers provided by Section 6 of Article VII of the Illinois

5 Constitution or which ad valorem taxes are other than ad

6 valorem taxes which may be pledged under home rule powers

7 provided by Section 6 of Article VII of the Illinois

8 Constitution or which are levied in a special service area

9 pursuant to the Special Service Area Tax Law, the ordinance

10 authorizing the issuance of those obligations or pledging

11 those taxes shall be published within 10 days after the

12 ordinance has been adopted, in a newspaper having a general

13 circulation within the municipality. The publication of the

14 ordinance shall be accompanied by a notice of (i) the specific

15 number of voters required to sign a petition requesting the

16 question of the issuance of the obligations or pledging such

17 ad valorem taxes to be submitted to the electors; (ii) the time

18 within which the petition must be filed; and (iii) the date of

19 the prospective referendum. The municipal clerk shall provide

20 a petition form to any individual requesting one.

21  If no petition is filed with the municipal clerk, as

22 hereinafter provided in this Section, within 21 days after the

23 publication of the ordinance, the ordinance shall be in

24 effect. However, if within that 21-day period a petition is

25 filed with the municipal clerk, signed by electors numbering

26 not less than 15% of the number of electors voting for the
    SB2769 Enrolled  - 24 - LRB104 16654 RTM 30058 b

1 mayor or president at the last general municipal election,

2 asking that the question of issuing obligations using full

3 faith and credit of the municipality as security for the cost

4 of paying or reimbursing business district project costs, or

5 of pledging such ad valorem taxes for the payment of those

6 obligations, or both, be submitted to the electors of the

7 municipality, the municipality shall not be authorized to

8 issue obligations of the municipality using the full faith and

9 credit of the municipality as security or pledging such ad

10 valorem taxes for the payment of those obligations, or both,

11 until the proposition has been submitted to and approved by a

12 majority of the voters voting on the proposition at a

13 regularly scheduled election. The municipality shall certify

14 the proposition to the proper election authorities for

15 submission in accordance with the general election law.

16  The ordinance authorizing the obligations may provide that

17 the obligations shall contain a recital that they are issued

18 pursuant to this Law, which recital shall be conclusive

19 evidence of their validity and of the regularity of their

20 issuance.

21  In the event the municipality authorizes issuance of

22 obligations pursuant to this Law secured by the full faith and

23 credit of the municipality, the ordinance authorizing the

24 obligations may provide for the levy and collection of a

25 direct annual tax upon all taxable property within the

26 municipality sufficient to pay the principal thereof and
    SB2769 Enrolled   - 25 - LRB104 16654 RTM 30058 b

1 interest thereon as it matures, which levy may be in addition

2 to and exclusive of the maximum of all other taxes authorized

3 to be levied by the municipality, which levy, however, shall

4 be abated to the extent that monies from other sources are

5 available for payment of the obligations and the municipality

6 certifies the amount of those monies available to the county

7 clerk.

8   A certified copy of the ordinance shall be filed with the

9 county clerk of each county in which any portion of the

10 municipality is situated, and shall constitute the authority

11 for the extension and collection of the taxes to be deposited

12 in the business district tax allocation fund.

13  A municipality may also issue its obligations to refund,

14 in whole or in part, obligations theretofore issued by the

15 municipality under the authority of this Law, whether at or

16 prior to maturity. However, the last maturity of the refunding

17 obligations shall not be expressed to mature later than the

18 dissolution date.

19  In the event a municipality issues obligations under home

20 rule powers or other legislative authority, the proceeds of

21 which are pledged to pay or reimburse business district

22 project costs, the municipality may, if it has followed the

23 procedures in conformance with this Law, retire those

24 obligations from funds in the business district tax allocation

25 fund in amounts and in such manner as if those obligations had

26 been issued pursuant to the provisions of this Law.
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1  No obligations issued pursuant to this Law shall be

2 regarded as indebtedness of the municipality issuing those

3 obligations or any other taxing district for the purpose of

4 any limitation imposed by law.

5  Obligations issued pursuant to this Law shall not be

6 subject to the provisions of the Bond Authorization Act.

7  (f) When business district project costs, including,

8 without limitation, all obligations paying or reimbursing

9 business district project costs have been paid, any surplus

10 funds then remaining in the Business District Tax Allocation

11 Fund shall be distributed to the municipal treasurer for

12 deposit into the general corporate fund of the municipality.

13 Upon payment of all business district project costs and

14 retirement of all obligations paying or reimbursing business

15 district project costs, but in no event more than 23 years

16 after the date of adoption of the ordinance imposing taxes

17 pursuant to subsection (10) or (11) of Section 11-74.3-3, the

18 municipality shall adopt an ordinance immediately rescinding

19 the taxes imposed pursuant to subsection (10) or (11) of

20 Section 11-74.3-3.

21 (Source: P.A. 102-700, eff. 4-19-22; 103-592, eff. 1-1-25.)
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