SB2600 EngrossedLRB099 18671 AWJ 43053 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Economic Development Area Tax Increment
5Allocation Act is amended by changing Section 9 as follows:
 
6    (20 ILCS 620/9)  (from Ch. 67 1/2, par. 1009)
7    Sec. 9. Powers of municipalities. In addition to powers
8which it may now have, any municipality has the power under
9this Act:
10    (a) To make and enter into all contracts necessary or
11incidental to the implementation and furtherance of an economic
12development plan.
13    (b) Within an economic development project area, to acquire
14by purchase, donation, lease or eminent domain, and to own,
15convey, lease, mortgage or dispose of land and other real or
16personal property or rights or interests therein; and to grant
17or acquire licenses, easements and options with respect
18thereto, all in the manner and at such price the municipality
19determines is reasonably necessary to achieve the objectives of
20the economic development project. No conveyance, lease,
21mortgage, disposition of land or other property acquired by the
22municipality, or agreement relating to the development of
23property, shall be made or executed except pursuant to prior

 

 

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1official action of the municipality. No conveyance, lease,
2mortgage or other disposition of land, and no agreement
3relating to the development of property, shall be made without
4making public disclosure of the terms and disposition of all
5bids and proposals submitted to the municipality in connection
6therewith.
7    (c) To clear any area within an economic development
8project area by demolition or removal of any existing
9buildings, structures, fixtures, utilities or improvements,
10and to clear and grade land.
11    (d) To install, repair, construct, reconstruct or relocate
12public streets, public utilities, and other public site
13improvements within or without an economic development project
14area which are essential to the preparation of an economic
15development project area for use in accordance with an economic
16development plan.
17    (e) To renovate, rehabilitate, reconstruct, relocate,
18repair or remodel any existing buildings, improvements, and
19fixtures within an economic development project area.
20    (f) To construct, acquire, and operate public
21improvements, including but not limited to, publicly owned
22buildings, structures, works, utilities or fixtures within any
23economic development project area, subject to the restrictions
24of item (5) of subsection (e) of Section 3 of this Act.
25    (g) To issue obligations as provided in this Act.
26    (h) To fix, charge and collect fees, rents and charges for

 

 

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1the use of any building, facility or property or any portion
2thereof owned or leased by the municipality within an economic
3development project area.
4    (i) To accept grants, guarantees, donations of property or
5labor, or any other thing of value for use in connection with
6an economic development project.
7    (j) To pay or cause to be paid economic development project
8costs. Any payments to be made by the municipality to
9developers or other nongovernmental persons for economic
10development project costs incurred by such developer or other
11nongovernmental person shall be made only pursuant to the prior
12official action of the municipality evidencing an intent to pay
13or cause to be paid such economic development project costs. A
14municipality is not required to obtain any right, title or
15interest in any real or personal property in order to pay
16economic development project costs associated with such
17property. The municipality shall adopt such accounting
18procedures as may be necessary to determine that such economic
19development project costs are properly paid.
20    (k) To exercise any and all other powers necessary to
21effectuate the purposes of this Act.
22    (l) To create a commission of not less than 5 or more than
2315 persons to be appointed by the mayor or president of the
24municipality with the consent of the majority of the corporate
25authorities of the municipality. Members of a commission shall
26be appointed for initial terms of 1, 2, 3, 4, and 5 years,

 

 

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1respectively, in such numbers as to provide that the terms of
2not more than 1/3 of all such members shall expire in any one
3year. Their successors shall be appointed for a term of 5
4years. The commission, subject to approval of the corporate
5authorities, may exercise the powers enumerated in this
6Section. The commission shall also have the power to hold the
7public hearings required by this Act and make recommendations
8to the corporate authorities concerning the approval of
9economic development plans, the establishment of economic
10development project areas, and the adoption of tax increment
11allocation financing for economic development project areas.
12    When a commission created under this subsection (l)
13receives any public funds or public monies, its board shall
14include not less than 2 members of a labor council or councils
15and not less than: (i) 2 members from 2 separate minority
16groups, or (ii) one member who is a woman and one member from a
17minority group. The labor council or councils shall represent:
18(A) employees in the construction trades; and (B) employees in
19the public and private sector. The labor council, women, and
20minority group members shall be full commission members with
21all rights and privileges and shall not be compensated. No
22membership fees, dues, or assessments shall be required of any
23commission member.
24    For purposes of this subsection:
25        "Labor council" means any organization representing
26    multiple entities who are monitoring or attentive to

 

 

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1    compliance with public or workers' safety laws, wage and
2    hour requirements, making or maintaining collective
3    bargaining agreements, or other statutory requirements.
4        "Minority group" means a group that is a readily
5    identifiable subset of the U.S. population and that is made
6    up of persons who are any of the following:
7            (i) American Indian or Alaska Native (a person
8        having origins in any of the original peoples of North
9        and South America, including Central America, and who
10        maintains tribal affiliation or community attachment).
11            (ii) Asian (a person having origins in any of the
12        original peoples of the Far East, Southeast Asia, or
13        the Indian subcontinent, including, but not limited
14        to, Cambodia, China, India, Japan, Korea, Malaysia,
15        Pakistan, the Philippine Islands, Thailand, and
16        Vietnam).
17            (iii) Black or African American (a person having
18        origins in any of the black racial groups of Africa).
19            (iv) Hispanic or Latino (a person of Cuban,
20        Mexican, Puerto Rican, South or Central American, or
21        other Spanish culture or origin, regardless of race).
22            (v) Native Hawaiian or Other Pacific Islander (a
23        person having origins in any of the original peoples of
24        Hawaii, Guam, Samoa, or other Pacific Islands).
25            (vi) A woman.
26        "Public funds" and "public monies" mean any funds

 

 

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1    received from: the federal government or any agency of the
2    federal government; any state government or any agency or
3    political subdivision of any state government; or the State
4    or any unit of local government.
5(Source: P.A. 97-636, eff. 6-1-12.)
 
6    Section 10. The County Economic Development Project Area
7Property Tax Allocation Act is amended by changing Section 9 as
8follows:
 
9    (55 ILCS 85/9)  (from Ch. 34, par. 7009)
10    Sec. 9. Powers of counties. In addition to powers which it
11may now have, any county has the power under this Act:
12    (a) To make and enter into all contracts necessary or
13incidental to the implementation and furtherance of an economic
14development plan.
15    (b) Within an economic development project area, to acquire
16by purchase, donation, lease or eminent domain and to own,
17convey, lease, mortgage or dispose of land and other real or
18personal property or rights or interest therein; and to grant
19or acquire licenses, easements and options with respect
20thereto, all in the manner and at such price the county
21determines is reasonably necessary to achieve the objectives of
22the economic development plan. No conveyance, lease, mortgage,
23disposition of land or other property acquired by the county,
24or agreement relating to the development of property shall be

 

 

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1made or executed except pursuant to prior official action of
2the county.
3    (c) To clear any area within an economic development
4project area by demolition or removal of any existing
5buildings, structures, fixtures, utilities or improvements,
6and to clear and grade land.
7    (d) To install, repair, construct, reconstruct or relocate
8public streets, public utilities, and other public site
9improvements within or without an economic development project
10area which are essential to the preparation of an economic
11development project area for use in accordance with an economic
12development plan.
13    (e) To renovate, rehabilitate, reconstruct, relocate,
14repair or remodel any existing buildings, improvements, and
15fixtures within an economic development project area.
16    (f) To construct public improvements, including but not
17limited to, buildings, structures, works, utilities or
18fixtures within any economic development project area.
19    (g) To issue obligations as in this Act provided.
20    (h) To fix, charge and collect fees, rents and charges for
21the use of any building, facility or property or any portion
22thereof owned or leased by the county within an economic
23development project area.
24    (i) To accept grants, guarantees, donations of property or
25labor, or any other thing of value for use in connection with
26an economic development project.

 

 

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1    (j) To pay or cause to be paid economic development project
2costs. Any payments to be made by the county to developers or
3other nongovernmental persons shall be made only pursuant to
4the prior official action of the county evidencing an intent to
5pay or cause to be paid those economic development project
6costs. A county is not required to obtain any right, title or
7interest in any real or personal property in order to pay
8economic development costs associated with such property. The
9county shall adopt such accounting procedures as may be
10necessary to determine that those economic development project
11costs are properly paid.
12    (k) To exercise any and all other powers necessary to
13effectuate the purposes of this Act.
14    (1) To create a commission of not less than 5 or more than
1515 persons to be appointed by the chief executive officer of
16the county with the consent of the majority of the corporate
17authorities of the county. Members of a commission shall be
18appointed for initial terms of 1, 2, 3, 4 and 5 years,
19respectively, in such numbers as to provide that the terms of
20not more than 1/3 of all such members shall expire in any one
21year. Their successors shall be appointed for a term of 5
22years. The commission, subject to approval of the corporate
23authorities, may exercise the power to hold the public hearings
24required by this Act and make recommendations to the corporate
25authorities concerning the approval of economic development
26plans, the establishment of economic development project

 

 

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1areas, and the adoption of property tax allocation financing
2for economic development project areas.
3    When a commission created under this subsection (l)
4receives any public funds or public monies, its board shall
5include not less than 2 members of a labor council or councils
6and not less than: (i) 2 members from 2 separate minority
7groups, or (ii) one member who is a woman and one member from a
8minority group. The labor council or councils shall represent:
9(A) employees in the construction trades; and (B) employees in
10the public and private sector. The labor council, women, and
11minority group members shall be full commission members with
12all rights and privileges and shall not be compensated. No
13membership fees, dues, or assessments shall be required of any
14commission member.
15    For purposes of this subsection:
16        "Labor council" means any organization representing
17    multiple entities who are monitoring or attentive to
18    compliance with public or workers' safety laws, wage and
19    hour requirements, making or maintaining collective
20    bargaining agreements, or other statutory requirements.
21        "Minority group" means a group that is a readily
22    identifiable subset of the U.S. population and that is made
23    up of persons who are any of the following:
24            (i) American Indian or Alaska Native (a person
25        having origins in any of the original peoples of North
26        and South America, including Central America, and who

 

 

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1        maintains tribal affiliation or community attachment).
2            (ii) Asian (a person having origins in any of the
3        original peoples of the Far East, Southeast Asia, or
4        the Indian subcontinent, including, but not limited
5        to, Cambodia, China, India, Japan, Korea, Malaysia,
6        Pakistan, the Philippine Islands, Thailand, and
7        Vietnam).
8            (iii) Black or African American (a person having
9        origins in any of the black racial groups of Africa).
10            (iv) Hispanic or Latino (a person of Cuban,
11        Mexican, Puerto Rican, South or Central American, or
12        other Spanish culture or origin, regardless of race).
13            (v) Native Hawaiian or Other Pacific Islander (a
14        person having origins in any of the original peoples of
15        Hawaii, Guam, Samoa, or other Pacific Islands).
16            (vi) A woman.
17        "Public funds" and "public monies" mean any funds
18    received from: the federal government or any agency of the
19    federal government; any state government or any agency or
20    political subdivision of any state government; or the State
21    or any unit of local government.
22(Source: P.A. 86-1388.)
 
23    Section 15. The County Economic Development Project Area
24Tax Increment Allocation Act of 1991 is amended by changing
25Section 60 as follows:
 

 

 

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1    (55 ILCS 90/60)  (from Ch. 34, par. 8060)
2    Sec. 60. Powers of counties; economic development project
3area commissions. In addition to powers that it may now have,
4a county has the following powers under this Act:
5        (1) To make and enter into all contracts necessary or
6    incidental to the implementation and furtherance of an
7    economic development plan.
8        (2) Within an economic development project area, to
9    acquire by purchase, donation, lease, or eminent domain and
10    to own, convey, lease, mortgage, or dispose of land and
11    other real or personal property or rights or interests in
12    property and to grant or acquire licenses, easements, and
13    options with respect to property, all in the manner and at
14    a price the county determines is reasonably necessary to
15    achieve the objectives of the economic development
16    project. No conveyance, lease, mortgage, disposition of
17    land, or agreement relating to the development of property
18    shall be made or executed except pursuant to prior official
19    action of the county. No conveyance, lease, mortgage, or
20    other disposition of land, and no agreement relating to the
21    development of property, shall be made without making
22    public disclosure of the terms and disposition of all bids
23    and proposals submitted to the county in connection with
24    that action.
25        (3) To clear any area within an economic development

 

 

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1    project area by demolition or removal of any existing
2    buildings, structures, fixtures, utilities, or
3    improvements and to clear and grade land.
4        (4) To install, repair, construct, reconstruct, or
5    relocate public streets, public utilities, and other
6    public site improvements located outside the boundaries of
7    an economic development project area that are essential to
8    the preparation of an economic development project area for
9    use in accordance with an economic development plan.
10        (5) To renovate, rehabilitate, reconstruct, relocate,
11    repair, or remodel any existing buildings, improvements,
12    and fixtures within an economic development project area.
13        (6) To install or construct any buildings, structures,
14    works, streets, improvements, utilities, or fixtures
15    within an economic development project area.
16        (7) To issue obligations as provided in this Act.
17        (8) To fix, charge, and collect fees, rents, and
18    charges for the use of any building, facility, or property
19    or any portion of a building, facility, or property owned
20    or leased by the county within an economic development
21    project area.
22        (9) To accept grants, guarantees, donations of
23    property or labor, or any other thing of value for use in
24    connection with an economic development project.
25        (10) To pay or cause to be paid economic development
26    project costs, including, specifically, to reimburse any

 

 

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1    nongovernmental person for economic development project
2    costs incurred by that person. Any payments to be made by a
3    county to developers or other nongovernmental persons for
4    economic development project costs incurred by the
5    developer or other nongovernmental person shall be made
6    only pursuant to the prior official action of the county
7    evidencing an intent to pay or cause to be paid those
8    economic development costs. A county is not required to
9    obtain any right, title, or interest in any real or
10    personal property in order to pay economic development
11    project costs associated with the property. The county
12    shall adopt accounting procedures necessary to determine
13    that the economic development project costs are properly
14    paid.
15        (11) To exercise any and all other powers necessary to
16    effectuate the purposes of this Act.
17        (12) To create a commission of not less than 5 or more
18    than 15 persons to be appointed by the corporate
19    authorities of the county. Members of a commission shall be
20    appointed for initial terms of 1, 2, 3, 4, and 5 years,
21    respectively, in numbers to provide that the terms of not
22    more than one-third of all the members shall expire in any
23    one year. Their successors shall be appointed for a term of
24    5 years. The commission, subject to approval of the
25    corporate authorities, may exercise the powers enumerated
26    in this Section. The commission also may hold the public

 

 

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1    hearings required by this Act and make recommendations to
2    the corporate authorities concerning the approval of
3    economic development plans, the establishment of economic
4    development project areas, and the adoption of tax
5    increment allocation financing for economic development
6    project areas.
7    When a commission created under this paragraph (12)
8receives any public funds or public monies, its board shall
9include not less than 2 members of a labor council or councils
10and not less than: (i) 2 members from 2 separate minority
11groups, or (ii) one member who is a woman and one member from a
12minority group. The labor council or councils shall represent:
13(A) employees in the construction trades; and (B) employees in
14the public and private sector. The labor council, women, and
15minority group members shall be full commission members with
16all rights and privileges and shall not be compensated. No
17membership fees, dues, or assessments shall be required of any
18commission member.
19    For purposes of this paragraph:
20        "Labor council" means any organization representing
21    multiple entities who are monitoring or attentive to
22    compliance with public or workers' safety laws, wage and
23    hour requirements, making or maintaining collective
24    bargaining agreements, or other statutory requirements.
25        "Minority group" means a group that is a readily
26    identifiable subset of the U.S. population and that is made

 

 

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1    up of persons who are any of the following:
2            (i) American Indian or Alaska Native (a person
3        having origins in any of the original peoples of North
4        and South America, including Central America, and who
5        maintains tribal affiliation or community attachment).
6            (ii) Asian (a person having origins in any of the
7        original peoples of the Far East, Southeast Asia, or
8        the Indian subcontinent, including, but not limited
9        to, Cambodia, China, India, Japan, Korea, Malaysia,
10        Pakistan, the Philippine Islands, Thailand, and
11        Vietnam).
12            (iii) Black or African American (a person having
13        origins in any of the black racial groups of Africa).
14            (iv) Hispanic or Latino (a person of Cuban,
15        Mexican, Puerto Rican, South or Central American, or
16        other Spanish culture or origin, regardless of race).
17            (v) Native Hawaiian or Other Pacific Islander (a
18        person having origins in any of the original peoples of
19        Hawaii, Guam, Samoa, or other Pacific Islands).
20            (vi) A woman.
21        "Public funds" and "public monies" mean any funds
22    received from: the federal government or any agency of the
23    federal government; any state government or any agency or
24    political subdivision of any state government; or the State
25    or any unit of local government.
26(Source: P.A. 87-1.)
 

 

 

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1    Section 20. The Illinois Municipal Code is amended by
2changing Sections 11-74.4-4 and 11-74.6-15 as follows:
 
3    (65 ILCS 5/11-74.4-4)  (from Ch. 24, par. 11-74.4-4)
4    Sec. 11-74.4-4. Municipal powers and duties; redevelopment
5project areas. The changes made by this amendatory Act of the
691st General Assembly do not apply to a municipality that, (i)
7before the effective date of this amendatory Act of the 91st
8General Assembly, has adopted an ordinance or resolution fixing
9a time and place for a public hearing under Section 11-74.4-5
10or (ii) before July 1, 1999, has adopted an ordinance or
11resolution providing for a feasibility study under Section
1211-74.4-4.1, but has not yet adopted an ordinance approving
13redevelopment plans and redevelopment projects or designating
14redevelopment project areas under this Section, until after
15that municipality adopts an ordinance approving redevelopment
16plans and redevelopment projects or designating redevelopment
17project areas under this Section; thereafter the changes made
18by this amendatory Act of the 91st General Assembly apply to
19the same extent that they apply to redevelopment plans and
20redevelopment projects that were approved and redevelopment
21projects that were designated before the effective date of this
22amendatory Act of the 91st General Assembly.
23    A municipality may:
24    (a) By ordinance introduced in the governing body of the

 

 

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1municipality within 14 to 90 days from the completion of the
2hearing specified in Section 11-74.4-5 approve redevelopment
3plans and redevelopment projects, and designate redevelopment
4project areas pursuant to notice and hearing required by this
5Act. No redevelopment project area shall be designated unless a
6plan and project are approved prior to the designation of such
7area and such area shall include only those contiguous parcels
8of real property and improvements thereon substantially
9benefited by the proposed redevelopment project improvements.
10Upon adoption of the ordinances, the municipality shall
11forthwith transmit to the county clerk of the county or
12counties within which the redevelopment project area is located
13a certified copy of the ordinances, a legal description of the
14redevelopment project area, a map of the redevelopment project
15area, identification of the year that the county clerk shall
16use for determining the total initial equalized assessed value
17of the redevelopment project area consistent with subsection
18(a) of Section 11-74.4-9, and a list of the parcel or tax
19identification number of each parcel of property included in
20the redevelopment project area.
21    (b) Make and enter into all contracts with property owners,
22developers, tenants, overlapping taxing bodies, and others
23necessary or incidental to the implementation and furtherance
24of its redevelopment plan and project. Contract provisions
25concerning loan repayment obligations in contracts entered
26into on or after the effective date of this amendatory Act of

 

 

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1the 93rd General Assembly shall terminate no later than the
2last to occur of the estimated dates of completion of the
3redevelopment project and retirement of the obligations issued
4to finance redevelopment project costs as required by item (3)
5of subsection (n) of Section 11-74.4-3. Payments received under
6contracts entered into by the municipality prior to the
7effective date of this amendatory Act of the 93rd General
8Assembly that are received after the redevelopment project area
9has been terminated by municipal ordinance shall be deposited
10into a special fund of the municipality to be used for other
11community redevelopment needs within the redevelopment project
12area.
13    (c) Within a redevelopment project area, acquire by
14purchase, donation, lease or eminent domain; own, convey,
15lease, mortgage or dispose of land and other property, real or
16personal, or rights or interests therein, and grant or acquire
17licenses, easements and options with respect thereto, all in
18the manner and at such price the municipality determines is
19reasonably necessary to achieve the objectives of the
20redevelopment plan and project. No conveyance, lease,
21mortgage, disposition of land or other property owned by a
22municipality, or agreement relating to the development of such
23municipal property shall be made except upon the adoption of an
24ordinance by the corporate authorities of the municipality.
25Furthermore, no conveyance, lease, mortgage, or other
26disposition of land owned by a municipality or agreement

 

 

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1relating to the development of such municipal property shall be
2made without making public disclosure of the terms of the
3disposition and all bids and proposals made in response to the
4municipality's request. The procedures for obtaining such bids
5and proposals shall provide reasonable opportunity for any
6person to submit alternative proposals or bids.
7    (d) Within a redevelopment project area, clear any area by
8demolition or removal of any existing buildings and structures.
9    (e) Within a redevelopment project area, renovate or
10rehabilitate or construct any structure or building, as
11permitted under this Act.
12    (f) Install, repair, construct, reconstruct or relocate
13streets, utilities and site improvements essential to the
14preparation of the redevelopment area for use in accordance
15with a redevelopment plan.
16    (g) Within a redevelopment project area, fix, charge and
17collect fees, rents and charges for the use of any building or
18property owned or leased by it or any part thereof, or facility
19therein.
20    (h) Accept grants, guarantees and donations of property,
21labor, or other things of value from a public or private source
22for use within a project redevelopment area.
23    (i) Acquire and construct public facilities within a
24redevelopment project area, as permitted under this Act.
25    (j) Incur project redevelopment costs and reimburse
26developers who incur redevelopment project costs authorized by

 

 

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1a redevelopment agreement; provided, however, that on and after
2the effective date of this amendatory Act of the 91st General
3Assembly, no municipality shall incur redevelopment project
4costs (except for planning costs and any other eligible costs
5authorized by municipal ordinance or resolution that are
6subsequently included in the redevelopment plan for the area
7and are incurred by the municipality after the ordinance or
8resolution is adopted) that are not consistent with the program
9for accomplishing the objectives of the redevelopment plan as
10included in that plan and approved by the municipality until
11the municipality has amended the redevelopment plan as provided
12elsewhere in this Act.
13    (k) Create a commission of not less than 5 or more than 15
14persons to be appointed by the mayor or president of the
15municipality with the consent of the majority of the governing
16board of the municipality. Members of a commission appointed
17after the effective date of this amendatory Act of 1987 shall
18be appointed for initial terms of 1, 2, 3, 4 and 5 years,
19respectively, in such numbers as to provide that the terms of
20not more than 1/3 of all such members shall expire in any one
21year. Their successors shall be appointed for a term of 5
22years. The commission, subject to approval of the corporate
23authorities may exercise the powers enumerated in this Section.
24The commission shall also have the power to hold the public
25hearings required by this division and make recommendations to
26the corporate authorities concerning the adoption of

 

 

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1redevelopment plans, redevelopment projects and designation of
2redevelopment project areas.
3    When a commission created under this subsection (k)
4receives any public funds or public monies, its board shall
5include not less than 2 members of a labor council or councils
6and not less than: (i) 2 members from 2 separate minority
7groups, or (ii) one member who is a woman and one member from a
8minority group. The labor council or councils shall represent:
9(A) employees in the construction trades; and (B) employees in
10the public and private sector. The labor council, women, and
11minority group members shall be full commission members with
12all rights and privileges and shall not be compensated. No
13membership fees, dues, or assessments shall be required of any
14commission member.
15    For purposes of this subsection:
16        "Labor council" means any organization representing
17    multiple entities who are monitoring or attentive to
18    compliance with public or workers' safety laws, wage and
19    hour requirements, making or maintaining collective
20    bargaining agreements, or other statutory requirements.
21        "Minority group" means a group that is a readily
22    identifiable subset of the U.S. population and that is made
23    up of persons who are any of the following:
24            (i) American Indian or Alaska Native (a person
25        having origins in any of the original peoples of North
26        and South America, including Central America, and who

 

 

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1        maintains tribal affiliation or community attachment).
2            (ii) Asian (a person having origins in any of the
3        original peoples of the Far East, Southeast Asia, or
4        the Indian subcontinent, including, but not limited
5        to, Cambodia, China, India, Japan, Korea, Malaysia,
6        Pakistan, the Philippine Islands, Thailand, and
7        Vietnam).
8            (iii) Black or African American (a person having
9        origins in any of the black racial groups of Africa).
10            (iv) Hispanic or Latino (a person of Cuban,
11        Mexican, Puerto Rican, South or Central American, or
12        other Spanish culture or origin, regardless of race).
13            (v) Native Hawaiian or Other Pacific Islander (a
14        person having origins in any of the original peoples of
15        Hawaii, Guam, Samoa, or other Pacific Islands).
16            (vi) A woman.
17        "Public funds" and "public monies" mean any funds
18    received from: the federal government or any agency of the
19    federal government; any state government or any agency or
20    political subdivision of any state government; or the State
21    or any unit of local government.
22    (l) Make payment in lieu of taxes or a portion thereof to
23taxing districts. If payments in lieu of taxes or a portion
24thereof are made to taxing districts, those payments shall be
25made to all districts within a project redevelopment area on a
26basis which is proportional to the current collections of

 

 

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1revenue which each taxing district receives from real property
2in the redevelopment project area.
3    (m) Exercise any and all other powers necessary to
4effectuate the purposes of this Act.
5    (n) If any member of the corporate authority, a member of a
6commission established pursuant to Section 11-74.4-4(k) of
7this Act, or an employee or consultant of the municipality
8involved in the planning and preparation of a redevelopment
9plan, or project for a redevelopment project area or proposed
10redevelopment project area, as defined in Sections
1111-74.4-3(i) through (k) of this Act, owns or controls an
12interest, direct or indirect, in any property included in any
13redevelopment area, or proposed redevelopment area, he or she
14shall disclose the same in writing to the clerk of the
15municipality, and shall also so disclose the dates and terms
16and conditions of any disposition of any such interest, which
17disclosures shall be acknowledged by the corporate authorities
18and entered upon the minute books of the corporate authorities.
19If an individual holds such an interest then that individual
20shall refrain from any further official involvement in regard
21to such redevelopment plan, project or area, from voting on any
22matter pertaining to such redevelopment plan, project or area,
23or communicating with other members concerning corporate
24authorities, commission or employees concerning any matter
25pertaining to said redevelopment plan, project or area.
26Furthermore, no such member or employee shall acquire of any

 

 

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1interest direct, or indirect, in any property in a
2redevelopment area or proposed redevelopment area after either
3(a) such individual obtains knowledge of such plan, project or
4area or (b) first public notice of such plan, project or area
5pursuant to Section 11-74.4-6 of this Division, whichever
6occurs first. For the purposes of this subsection, a property
7interest acquired in a single parcel of property by a member of
8the corporate authority, which property is used exclusively as
9the member's primary residence, shall not be deemed to
10constitute an interest in any property included in a
11redevelopment area or proposed redevelopment area that was
12established before December 31, 1989, but the member must
13disclose the acquisition to the municipal clerk under the
14provisions of this subsection. A single property interest
15acquired within one year after the effective date of this
16amendatory Act of the 94th General Assembly or 2 years after
17the effective date of this amendatory Act of the 95th General
18Assembly by a member of the corporate authority does not
19constitute an interest in any property included in any
20redevelopment area or proposed redevelopment area, regardless
21of when the redevelopment area was established, if (i) the
22property is used exclusively as the member's primary residence,
23(ii) the member discloses the acquisition to the municipal
24clerk under the provisions of this subsection, (iii) the
25acquisition is for fair market value, (iv) the member acquires
26the property as a result of the property being publicly

 

 

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1advertised for sale, and (v) the member refrains from voting
2on, and communicating with other members concerning, any matter
3when the benefits to the redevelopment project or area would be
4significantly greater than the benefits to the municipality as
5a whole. For the purposes of this subsection, a month-to-month
6leasehold interest in a single parcel of property by a member
7of the corporate authority shall not be deemed to constitute an
8interest in any property included in any redevelopment area or
9proposed redevelopment area, but the member must disclose the
10interest to the municipal clerk under the provisions of this
11subsection.
12    (o) Create a Tax Increment Economic Development Advisory
13Committee to be appointed by the Mayor or President of the
14municipality with the consent of the majority of the governing
15board of the municipality, the members of which Committee shall
16be appointed for initial terms of 1, 2, 3, 4 and 5 years
17respectively, in such numbers as to provide that the terms of
18not more than 1/3 of all such members shall expire in any one
19year. Their successors shall be appointed for a term of 5
20years. The Committee shall have none of the powers enumerated
21in this Section. The Committee shall serve in an advisory
22capacity only. The Committee may advise the governing Board of
23the municipality and other municipal officials regarding
24development issues and opportunities within the redevelopment
25project area or the area within the State Sales Tax Boundary.
26The Committee may also promote and publicize development

 

 

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1opportunities in the redevelopment project area or the area
2within the State Sales Tax Boundary.
3    When a commission created under this subsection (o)
4receives any public funds or public monies, its board shall
5include not less than 2 members of a labor council or councils
6and not less than: (i) 2 members from 2 separate minority
7groups, or (ii) one member who is a woman and one member from a
8minority group. The labor council or councils shall represent:
9(A) employees in the construction trades; and (B) employees in
10the public and private sector. The labor council, women, and
11minority group members shall be full commission members with
12all rights and privileges and shall not be compensated. No
13membership fees, dues, or assessments shall be required of any
14commission member.
15    For purposes of this subsection:
16        "Labor council" means any organization representing
17    multiple entities who are monitoring or attentive to
18    compliance with public or workers' safety laws, wage and
19    hour requirements, making or maintaining collective
20    bargaining agreements, or other statutory requirements.
21        "Minority group" means a group that is a readily
22    identifiable subset of the U.S. population and that is made
23    up of persons who are any of the following:
24            (i) American Indian or Alaska Native (a person
25        having origins in any of the original peoples of North
26        and South America, including Central America, and who

 

 

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1        maintains tribal affiliation or community attachment).
2            (ii) Asian (a person having origins in any of the
3        original peoples of the Far East, Southeast Asia, or
4        the Indian subcontinent, including, but not limited
5        to, Cambodia, China, India, Japan, Korea, Malaysia,
6        Pakistan, the Philippine Islands, Thailand, and
7        Vietnam).
8            (iii) Black or African American (a person having
9        origins in any of the black racial groups of Africa).
10            (iv) Hispanic or Latino (a person of Cuban,
11        Mexican, Puerto Rican, South or Central American, or
12        other Spanish culture or origin, regardless of race).
13            (v) Native Hawaiian or Other Pacific Islander (a
14        person having origins in any of the original peoples of
15        Hawaii, Guam, Samoa, or other Pacific Islands).
16            (vi) A woman.
17        "Public funds" and "public monies" mean any funds
18    received from: the federal government or any agency of the
19    federal government; any state government or any agency or
20    political subdivision of any state government; or the State
21    or any unit of local government.
22    (p) Municipalities may jointly undertake and perform
23redevelopment plans and projects and utilize the provisions of
24the Act wherever they have contiguous redevelopment project
25areas or they determine to adopt tax increment financing with
26respect to a redevelopment project area which includes

 

 

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1contiguous real property within the boundaries of the
2municipalities, and in doing so, they may, by agreement between
3municipalities, issue obligations, separately or jointly, and
4expend revenues received under the Act for eligible expenses
5anywhere within contiguous redevelopment project areas or as
6otherwise permitted in the Act.
7    (q) Utilize revenues, other than State sales tax increment
8revenues, received under this Act from one redevelopment
9project area for eligible costs in another redevelopment
10project area that is:
11        (i) contiguous to the redevelopment project area from
12    which the revenues are received;
13        (ii) separated only by a public right of way from the
14    redevelopment project area from which the revenues are
15    received; or
16        (iii) separated only by forest preserve property from
17    the redevelopment project area from which the revenues are
18    received if the closest boundaries of the redevelopment
19    project areas that are separated by the forest preserve
20    property are less than one mile apart.
21    Utilize tax increment revenues for eligible costs that are
22received from a redevelopment project area created under the
23Industrial Jobs Recovery Law that is either contiguous to, or
24is separated only by a public right of way from, the
25redevelopment project area created under this Act which
26initially receives these revenues. Utilize revenues, other

 

 

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1than State sales tax increment revenues, by transferring or
2loaning such revenues to a redevelopment project area created
3under the Industrial Jobs Recovery Law that is either
4contiguous to, or separated only by a public right of way from
5the redevelopment project area that initially produced and
6received those revenues; and, if the redevelopment project area
7(i) was established before the effective date of this
8amendatory Act of the 91st General Assembly and (ii) is located
9within a municipality with a population of more than 100,000,
10utilize revenues or proceeds of obligations authorized by
11Section 11-74.4-7 of this Act, other than use or occupation tax
12revenues, to pay for any redevelopment project costs as defined
13by subsection (q) of Section 11-74.4-3 to the extent that the
14redevelopment project costs involve public property that is
15either contiguous to, or separated only by a public right of
16way from, a redevelopment project area whether or not
17redevelopment project costs or the source of payment for the
18costs are specifically set forth in the redevelopment plan for
19the redevelopment project area.
20    (r) If no redevelopment project has been initiated in a
21redevelopment project area within 7 years after the area was
22designated by ordinance under subsection (a), the municipality
23shall adopt an ordinance repealing the area's designation as a
24redevelopment project area; provided, however, that if an area
25received its designation more than 3 years before the effective
26date of this amendatory Act of 1994 and no redevelopment

 

 

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1project has been initiated within 4 years after the effective
2date of this amendatory Act of 1994, the municipality shall
3adopt an ordinance repealing its designation as a redevelopment
4project area. Initiation of a redevelopment project shall be
5evidenced by either a signed redevelopment agreement or
6expenditures on eligible redevelopment project costs
7associated with a redevelopment project.
8    Notwithstanding any other provision of this Section to the
9contrary, with respect to a redevelopment project area
10designated by an ordinance that was adopted on July 29, 1998 by
11the City of Chicago, the City of Chicago shall adopt an
12ordinance repealing the area's designation as a redevelopment
13project area if no redevelopment project has been initiated in
14the redevelopment project area within 15 years after the
15designation of the area. The City of Chicago may retroactively
16repeal any ordinance adopted by the City of Chicago, pursuant
17to this subsection (r), that repealed the designation of a
18redevelopment project area designated by an ordinance that was
19adopted by the City of Chicago on July 29, 1998. The City of
20Chicago has 90 days after the effective date of this amendatory
21Act to repeal the ordinance. The changes to this Section made
22by this amendatory Act of the 96th General Assembly apply
23retroactively to July 27, 2005.
24(Source: P.A. 96-1555, eff. 3-18-11; 97-333, eff. 8-12-11.)
 
25    (65 ILCS 5/11-74.6-15)

 

 

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1    Sec. 11-74.6-15. Municipal Powers and Duties. A
2municipality may:
3    (a) By ordinance introduced in the governing body of the
4municipality within 14 to 90 days from the final adjournment of
5the hearing specified in Section 11-74.6-22, approve
6redevelopment plans and redevelopment projects, and designate
7redevelopment planning areas and redevelopment project areas
8pursuant to notice and hearing required by this Act. No
9redevelopment planning area or redevelopment project area
10shall be designated unless a plan and project are approved
11before the designation of the area and the area shall include
12only those parcels of real property and improvements on those
13parcels substantially benefited by the proposed redevelopment
14project improvements. Upon adoption of the ordinances, the
15municipality shall forthwith transmit to the county clerk of
16the county or counties within which the redevelopment project
17area is located a certified copy of the ordinances, a legal
18description of the redevelopment project area, a map of the
19redevelopment project area, identification of the year that the
20county clerk shall use for determining the total initial
21equalized assessed value of the redevelopment project area
22consistent with subsection (a) of Section 11-74.6-40, and a
23list of the parcel or tax identification number of each parcel
24of property included in the redevelopment project area.
25    (b) Make and enter into all contracts necessary or
26incidental to the implementation and furtherance of its

 

 

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1redevelopment plan and project.
2    (c) Within a redevelopment project area, acquire by
3purchase, donation, lease or eminent domain; own, convey,
4lease, mortgage or dispose of land and other property, real or
5personal, or rights or interests therein, and grant or acquire
6licenses, easements and options with respect to that property,
7all in the manner and at a price that the municipality
8determines is reasonably necessary to achieve the objectives of
9the redevelopment plan and project. No conveyance, lease,
10mortgage, disposition of land or other property owned by a
11municipality, or agreement relating to the development of the
12municipal property shall be made or executed except pursuant to
13prior official action of the corporate authorities of the
14municipality. No conveyance, lease, mortgage, or other
15disposition of land owned by a municipality, and no agreement
16relating to the development of the municipal property, shall be
17made without making public disclosure of the terms and the
18disposition of all bids and proposals submitted to the
19municipality in connection therewith. The procedures for
20obtaining the bids and proposals shall provide reasonable
21opportunity for any person to submit alternative proposals or
22bids.
23    (d) Within a redevelopment project area, clear any area by
24demolition or removal of any existing buildings, structures,
25fixtures, utilities or improvements, and to clear and grade
26land.

 

 

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1    (e) Within a redevelopment project area, renovate or
2rehabilitate or construct any structure or building, as
3permitted under this Law.
4    (f) Within or without a redevelopment project area,
5install, repair, construct, reconstruct or relocate streets,
6utilities and site improvements essential to the preparation of
7the redevelopment area for use in accordance with a
8redevelopment plan.
9    (g) Within a redevelopment project area, fix, charge and
10collect fees, rents and charges for the use of all or any part
11of any building or property owned or leased by it.
12    (h) Issue obligations as provided in this Act.
13    (i) Accept grants, guarantees and donations of property,
14labor, or other things of value from a public or private source
15for use within a project redevelopment area.
16    (j) Acquire and construct public facilities within a
17redevelopment project area, as permitted under this Law.
18    (k) Incur, pay or cause to be paid redevelopment project
19costs; provided, however, that on and after the effective date
20of this amendatory Act of the 91st General Assembly, no
21municipality shall incur redevelopment project costs (except
22for planning and other eligible costs authorized by municipal
23ordinance or resolution that are subsequently included in the
24redevelopment plan for the area and are incurred after the
25ordinance or resolution is adopted) that are not consistent
26with the program for accomplishing the objectives of the

 

 

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1redevelopment plan as included in that plan and approved by the
2municipality until the municipality has amended the
3redevelopment plan as provided elsewhere in this Law. Any
4payments to be made by the municipality to redevelopers or
5other nongovernmental persons for redevelopment project costs
6incurred by such redeveloper or other nongovernmental person
7shall be made only pursuant to the prior official action of the
8municipality evidencing an intent to pay or cause to be paid
9such redevelopment project costs. A municipality is not
10required to obtain any right, title or interest in any real or
11personal property in order to pay redevelopment project costs
12associated with such property. The municipality shall adopt
13such accounting procedures as may be necessary to determine
14that such redevelopment project costs are properly paid.
15    (l) Create a commission of not less than 5 or more than 15
16persons to be appointed by the mayor or president of the
17municipality with the consent of the majority of the governing
18board of the municipality. Members of a commission appointed
19after the effective date of this Law shall be appointed for
20initial terms of 1, 2, 3, 4 and 5 years, respectively, in
21numbers so that the terms of not more than 1/3 of all members
22expire in any one year. Their successors shall be appointed for
23a term of 5 years. The commission, subject to approval of the
24corporate authorities of the municipality, may exercise the
25powers enumerated in this Section. The commission shall also
26have the power to hold the public hearings required by this Act

 

 

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1and make recommendations to the corporate authorities
2concerning the adoption of redevelopment plans, redevelopment
3projects and designation of redevelopment project areas.
4    When a commission created under this subsection (l)
5receives any public funds or public monies, its board shall
6include not less than 2 members of a labor council or councils
7and not less than: (i) 2 members from 2 separate minority
8groups, or (ii) one member who is a woman and one member from a
9minority group. The labor council or councils shall represent:
10(A) employees in the construction trades; and (B) employees in
11the public and private sector. The labor council, women, and
12minority group members shall be full commission members with
13all rights and privileges and shall not be compensated. No
14membership fees, dues, or assessments shall be required of any
15commission member.
16    For purposes of this subsection:
17        "Labor council" means any organization representing
18    multiple entities who are monitoring or attentive to
19    compliance with public or workers' safety laws, wage and
20    hour requirements, making or maintaining collective
21    bargaining agreements, or other statutory requirements.
22        "Minority group" means a group that is a readily
23    identifiable subset of the U.S. population and that is made
24    up of persons who are any of the following:
25            (i) American Indian or Alaska Native (a person
26        having origins in any of the original peoples of North

 

 

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1        and South America, including Central America, and who
2        maintains tribal affiliation or community attachment).
3            (ii) Asian (a person having origins in any of the
4        original peoples of the Far East, Southeast Asia, or
5        the Indian subcontinent, including, but not limited
6        to, Cambodia, China, India, Japan, Korea, Malaysia,
7        Pakistan, the Philippine Islands, Thailand, and
8        Vietnam).
9            (iii) Black or African American (a person having
10        origins in any of the black racial groups of Africa).
11            (iv) Hispanic or Latino (a person of Cuban,
12        Mexican, Puerto Rican, South or Central American, or
13        other Spanish culture or origin, regardless of race).
14            (v) Native Hawaiian or Other Pacific Islander (a
15        person having origins in any of the original peoples of
16        Hawaii, Guam, Samoa, or other Pacific Islands).
17            (vi) A woman.
18        "Public funds" and "public monies" mean any funds
19    received from: the federal government or any agency of the
20    federal government; any state government or any agency or
21    political subdivision of any state government; or the State
22    or any unit of local government.
23    (m) Make payment in lieu of all or a portion of real
24property taxes due to taxing districts. If payments in lieu of
25all or a portion of taxes are made to taxing districts, those
26payments shall be made to all districts within a redevelopment

 

 

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1project area on a basis that is proportional to the current
2collection of revenue which each taxing district receives from
3real property in the redevelopment project area.
4    (n) Exercise any and all other powers necessary to
5effectuate the purposes of this Act.
6    (o) In conjunction with other municipalities, undertake
7and perform redevelopment plans and projects and utilize the
8provisions of the Act wherever they have contiguous
9redevelopment project areas or they determine to adopt tax
10increment allocation financing with respect to a redevelopment
11project area that includes contiguous real property within the
12boundaries of the municipalities, and, by agreement between
13participating municipalities, to issue obligations, separately
14or jointly, and expend revenues received under this Act for
15eligible expenses anywhere within contiguous redevelopment
16project areas or as otherwise permitted in the Act. Two or more
17municipalities may designate a joint redevelopment project
18area under this subsection (o) for a single Industrial Park
19Conservation Area comprising of property within or near the
20boundaries of each municipality if: (i) both municipalities are
21located within the same Metropolitan Statistical Area, as
22defined by the United States Office of Management and Budget,
23(ii) the 4-year average unemployment rate for that Metropolitan
24Statistical Area was at least 11.3%, and (iii) at least one
25participating municipality demonstrates that it has made
26commitments to acquire capital assets to commence the project

 

 

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1and that the acquisition will occur on or before December 31,
22011. The joint redevelopment project area must encompass an
3interstate highway exchange for access and be located, in part,
4adjacent to a landfill or other solid waste disposal facility.
5    (p) Create an Industrial Jobs Recovery Advisory Committee
6of not more than 15 members to be appointed by the mayor or
7president of the municipality with the consent of the majority
8of the governing board of the municipality. The members of that
9Committee shall be appointed for initial terms of 1, 2, and 3
10years respectively, in numbers so that the terms of not more
11than 1/3 of all members expire in any one year. Their
12successors shall be appointed for a term of 3 years. The
13Committee shall have none of the powers enumerated in this
14Section. The Committee shall serve in an advisory capacity
15only. The Committee may advise the governing board of the
16municipality and other municipal officials regarding
17development issues and opportunities within the redevelopment
18project area. The Committee may also promote and publicize
19development opportunities in the redevelopment project area.
20    (q) If a redevelopment project has not been initiated in a
21redevelopment project area within 5 years after the area was
22designated by ordinance under subsection (a), the municipality
23shall adopt an ordinance repealing the area's designation as a
24redevelopment project area. Initiation of a redevelopment
25project shall be evidenced by either a signed redevelopment
26agreement or expenditures on eligible redevelopment project

 

 

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1costs associated with a redevelopment project.
2    (r) Within a redevelopment planning area, transfer or loan
3tax increment revenues from one redevelopment project area to
4another redevelopment project area for expenditure on eligible
5costs in the receiving area.
6    (s) Use tax increment revenue produced in a redevelopment
7project area created under this Law by transferring or loaning
8such revenues to a redevelopment project area created under the
9Tax Increment Allocation Redevelopment Act that is either
10contiguous to, or separated only by a public right of way from,
11the redevelopment project area that initially produced and
12received those revenues.
13    (t) The estimated dates of completion of the redevelopment
14project and retirement of obligations issued to finance
15redevelopment project costs (including refunding bonds under
16Section 11-74.6-30) may not be later than December 31 of the
17year in which the payment to the municipal treasurer as
18provided in subsection (b) of Section 11-74.6-35 of this Act is
19to be made with respect to ad valorem taxes levied in the 35th
20calendar year after the year in which the ordinance approving
21the redevelopment project area was adopted if the ordinance was
22adopted on September 23, 1997 by the City of Granite City.
23(Source: P.A. 99-263, eff. 8-4-15.)
 
24    Section 25. The Economic Development Project Area Tax
25Increment Allocation Act of 1995 is amended by changing Section

 

 

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160 as follows:
 
2    (65 ILCS 110/60)
3    Sec. 60. Powers of municipalities; economic development
4project area commissions. In addition to powers that it may now
5have, a municipality has the following powers under this Act:
6    (1) To make and enter into all contracts necessary or
7incidental to the implementation and furtherance of an economic
8development plan.
9    (2) Within an economic development project area, to acquire
10by purchase, donation, lease, or eminent domain and to own,
11convey, lease, mortgage, or dispose of land and other real or
12personal property or rights or interests in property and to
13grant or acquire licenses, easements, and options with respect
14to property, all in the manner and at a price the municipality
15determines is reasonably necessary to achieve the objectives of
16the economic development project. No conveyance, lease,
17mortgage, disposition of land, or agreement relating to the
18development of property shall be made or executed except
19pursuant to prior official action of the municipality. No
20conveyance, lease, mortgage, or other disposition of land in
21furtherance of an economic development project, and no
22agreement relating to the development of property in
23furtherance of an economic development project, shall be made
24without making public disclosure of the terms and disposition
25of all bids and proposals submitted to the municipality in

 

 

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1connection with that action.
2    (3) To clear any area within an economic development
3project area by demolition or removal of any existing
4buildings, structures, fixtures, utilities, or improvements
5and to clear and grade land.
6    (4) To install, repair, construct, reconstruct, extend or
7relocate public streets, public utilities, and other public
8site improvements located outside the boundaries of an economic
9development project area that are essential to the preparation
10of an economic development project area for use in accordance
11with an economic development plan.
12    (5) To renovate, rehabilitate, reconstruct, relocate,
13repair, or remodel any existing buildings, improvements, and
14fixtures within an economic development project area.
15    (6) To install or construct any buildings, structures,
16works, streets, improvements, utilities, or fixtures within an
17economic development project area.
18    (7) To issue obligations as provided in this Act.
19    (8) To fix, charge, and collect fees, rents, and charges
20for the use of any building, facility, or property or any
21portion of a building, facility, or property owned or leased by
22the municipality in furtherance of an economic development
23project under this Act within an economic development project
24area.
25    (9) To accept grants, guarantees, donations of property or
26labor, or any other thing of value for use in connection with

 

 

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1an economic development project.
2    (10) To pay or cause to be paid economic development
3project costs, including, specifically, to reimburse any
4developer or nongovernmental person for economic development
5project costs incurred by that person. Any payments to be made
6by a municipality to developers or other nongovernmental
7persons for economic development project costs incurred by the
8developer or other nongovernmental person shall be made only
9pursuant to the prior official action of the municipality
10evidencing an intent to pay or cause to be paid those economic
11development costs. A municipality is not required to obtain any
12right, title, or interest in any real or personal property in
13order to pay economic development project costs associated with
14the property. The municipality shall adopt accounting
15procedures necessary to determine that the economic
16development project costs are properly paid.
17    (11) To utilize revenues received under this Act from one
18economic development project area for economic development
19project costs in another economic development project area that
20is either contiguous to, or is separated only by a public
21right-of-way from, the economic development project area from
22which the revenues are received.
23    (12) To exercise any and all other powers necessary to
24effectuate the purposes of this Act.
25    (13) To create a commission of not less than 5 or more than
2615 persons to be appointed by the corporate authorities of the

 

 

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1municipality. Members of a commission shall be appointed for
2initial terms of 1, 2, 3, 4, and 5 years, respectively, in
3numbers to provide that the terms of not more than one-third of
4all the members shall expire in any one year. Their successors
5shall be appointed for a term of 5 years. The commission,
6subject to approval of the corporate authorities, may exercise
7the powers enumerated in this Section. The commission also may
8hold the public hearings required by this Act and make
9recommendations to the corporate authorities concerning the
10approval of economic development plans, the establishment of
11economic development project areas, and the adoption of tax
12increment allocation financing for economic development
13project areas.
14    When a commission created under this paragraph (13)
15receives any public funds or public monies, its board shall
16include not less than 2 members of a labor council or councils
17and not less than: (i) 2 members from 2 separate minority
18groups, or (ii) one member who is a woman and one member from a
19minority group. The labor council or councils shall represent:
20(A) employees in the construction trades; and (B) employees in
21the public and private sector. The labor council, women, and
22minority group members shall be full commission members with
23all rights and privileges and shall not be compensated. No
24membership fees, dues, or assessments shall be required of any
25commission member.
26    For purposes of this paragraph:

 

 

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1        "Labor council" means any organization representing
2    multiple entities who are monitoring or attentive to
3    compliance with public or workers' safety laws, wage and
4    hour requirements, making or maintaining collective
5    bargaining agreements, or other statutory requirements.
6        "Minority group" means a group that is a readily
7    identifiable subset of the U.S. population and that is made
8    up of persons who are any of the following:
9            (i) American Indian or Alaska Native (a person
10        having origins in any of the original peoples of North
11        and South America, including Central America, and who
12        maintains tribal affiliation or community attachment).
13            (ii) Asian (a person having origins in any of the
14        original peoples of the Far East, Southeast Asia, or
15        the Indian subcontinent, including, but not limited
16        to, Cambodia, China, India, Japan, Korea, Malaysia,
17        Pakistan, the Philippine Islands, Thailand, and
18        Vietnam).
19            (iii) Black or African American (a person having
20        origins in any of the black racial groups of Africa).
21            (iv) Hispanic or Latino (a person of Cuban,
22        Mexican, Puerto Rican, South or Central American, or
23        other Spanish culture or origin, regardless of race).
24            (v) Native Hawaiian or Other Pacific Islander (a
25        person having origins in any of the original peoples of
26        Hawaii, Guam, Samoa, or other Pacific Islands).

 

 

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1            (vi) A woman.
2        "Public funds" and "public monies" mean any funds
3    received from: the federal government or any agency of the
4    federal government; any state government or any agency or
5    political subdivision of any state government; or the State
6    or any unit of local government.
7(Source: P.A. 89-176, eff. 1-1-96.)