Full Text of HB3600 97th General Assembly
HB3600 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3600 Introduced 2/24/2011, by Rep. Harry Osterman SYNOPSIS AS INTRODUCED: |
| |
Amends the Property Tax Code. Provides that municipalities and counties may establish green energy special service areas. Provides that those green energy special service areas shall include only property for which each owner of record has executed a contract or agreement with the county or municipality consenting to the inclusion of the property within the green energy special service area. Provides that green energy special service areas are not subject to certain notice and hearing requirements set forth in the Property Tax Code. Provides that the owner of record of each parcel of property within a green energy special service area may arrange, through an agreement with the municipality or county, for specific energy efficiency improvements or renewable energy improvements and may obtain financing for such improvements through the process set forth in the ordinance establishing the special service area. Provides that counties and municipalities may levy property taxes in connection with green energy special service areas. Provides that counties and municipalities may issue bonds in connection with those special service area projects and may sell, assign, or pledge those bonds to the Illinois Finance Authority. Amends the Illinois Finance Authority Act to make conforming changes. Contains other provisions. Effective immediately.
|
| |
| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
| | | HB3600 | | LRB097 08736 HLH 48865 b |
|
| 1 | | AN ACT concerning revenue.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Finance Authority Act is amended by | 5 | | changing Sections 820-10, 820-20, and 820-25 and by adding | 6 | | Section 820-37 as follows: | 7 | | (20 ILCS 3501/820-10) | 8 | | Sec. 820-10. Definitions. The following words or terms, | 9 | | whenever used or
referred to in
this Article, shall have the | 10 | | following
meanings ascribed to them, except where the context | 11 | | clearly requires otherwise: | 12 | | (a) "Department" means the Illinois Department of Commerce | 13 | | and Economic
Opportunity. | 14 | | (b) "Unit of local government" means any unit of local | 15 | | government, as
defined
in Article VII, Section 1 of the 1970 | 16 | | State Constitution and any local public
entity as that term is | 17 | | defined by the Local Governmental and Governmental
Employees | 18 | | Tort Immunity Act and also includes the State and any
| 19 | | instrumentality,
office, officer, department, division, | 20 | | bureau, commission, college or
university
thereof. | 21 | | (c) "Energy conservation project" means any improvement, | 22 | | repair, alteration
or
betterment of any building or facility or | 23 | | any equipment, fixture or furnishing
including its energy using |
| | | HB3600 | - 2 - | LRB097 08736 HLH 48865 b |
|
| 1 | | mechanical devices to be added to or used in any
building or | 2 | | facility that the Director of the Department has certified to | 3 | | the
Authority will be a cost-effective energy-related project | 4 | | that will lower
energy
or utility costs in connection with the | 5 | | operation or maintenance of such
building or facility, and will | 6 | | achieve energy cost savings sufficient to cover
bond debt | 7 | | service and other project costs within 20 10 years from the | 8 | | date of
project installation. | 9 | | (d) "Green special service area project" means any energy | 10 | | efficiency improvement, renewable energy improvement, or water | 11 | | use improvement as such terms are defined in Section 27-5 of | 12 | | the Special Service Area Tax Law. | 13 | | (Source: P.A. 93-205, eff. 1-1-04.) | 14 | | (20 ILCS 3501/820-20) | 15 | | Sec. 820-20. Powers and Duties; Illinois Local Government | 16 | | Financing
Assistance Program. The Authority has the power: | 17 | | (a) To purchase from time to time pursuant to negotiated | 18 | | sale or to
otherwise
acquire from time to time any local | 19 | | government securities issued by one or more
units of local | 20 | | government upon such terms and conditions as the Authority may
| 21 | | prescribe; | 22 | | (b) To issue bonds in one or more series pursuant to one or | 23 | | more resolutions
of
the Authority for any purpose authorized | 24 | | under
this Article,
including without limitation purchasing or | 25 | | acquiring local government
securities, providing for the |
| | | HB3600 | - 3 - | LRB097 08736 HLH 48865 b |
|
| 1 | | payment of any interest deemed necessary on such
bonds, paying | 2 | | for the cost of issuance of such bonds, providing for the | 3 | | payment
of the cost of any guarantees, letters of credit, | 4 | | insurance contracts or other
similar credit support or | 5 | | liquidity instruments, or providing for the funding
of
any | 6 | | reserves deemed necessary in connection with such bonds and | 7 | | refunding or
advance refunding of any such bonds and the | 8 | | interest and any premium thereon,
pursuant to this Act; | 9 | | (c) To provide for the funding of any reserves or other | 10 | | funds or accounts
deemed necessary by the Authority in | 11 | | connection with any bonds issued by the
Authority or local | 12 | | government securities purchased or otherwise acquired by the
| 13 | | Authority; | 14 | | (d) To pledge any local government security, including any | 15 | | payments thereon,
and any other funds of the Authority or funds | 16 | | made available to the Authority
which may be applied to such | 17 | | purpose, as security for any bonds or any
guarantees, letters | 18 | | of credit, insurance contracts or similar credit support or
| 19 | | liquidity instruments securing the bonds; | 20 | | (e) To enter into agreements or contracts with third | 21 | | parties, whether public
or
private, including without | 22 | | limitation the United States of America, the State,
or any | 23 | | department or agency thereof to obtain any appropriations, | 24 | | grants, loans
or guarantees which are deemed necessary or | 25 | | desirable by the Authority. Any
such guarantee, agreement or | 26 | | contract may contain terms and provisions
necessary
or |
| | | HB3600 | - 4 - | LRB097 08736 HLH 48865 b |
|
| 1 | | desirable in connection with the program, subject to the | 2 | | requirements
established by
this Article; | 3 | | (f) To charge reasonable fees to defray the cost of | 4 | | obtaining letters of
credit, insurance contracts or other | 5 | | similar documents, and to charge such
other
reasonable fees to | 6 | | defray the cost of trustees, depositories, paying agents,
bond | 7 | | registrars, escrow agents and other administrative expenses. | 8 | | Any such fees
shall be payable by units of local government | 9 | | whose local government securities
are purchased or otherwise | 10 | | acquired by the Authority pursuant to
this Article, in such | 11 | | amounts and at such times as the Authority
shall determine, and | 12 | | the amount of the fees need not be uniform among the
various | 13 | | units of local government whose local government securities are
| 14 | | purchased or otherwise acquired by the Authority pursuant to
| 15 | | this Article; | 16 | | (g) To obtain and maintain guarantees, letters of credit, | 17 | | insurance
contracts
or similar credit support or liquidity | 18 | | instruments which are deemed necessary
or
desirable in | 19 | | connection with any bonds or other obligations of the Authority | 20 | | or
any local government securities; | 21 | | (h) To establish application fees and other service fees | 22 | | and prescribe
application, notification, contract, agreement, | 23 | | security and insurance forms
and
rules and regulations it deems | 24 | | necessary or appropriate; | 25 | | (i) To provide technical assistance, at the request of any | 26 | | unit of local
government, with respect to the financing or |
| | | HB3600 | - 5 - | LRB097 08736 HLH 48865 b |
|
| 1 | | refinancing for any public
purpose.
In fulfillment of this | 2 | | purpose, the Authority may request assistance from the
| 3 | | Department as necessary; any unit of local government that is | 4 | | experiencing
either a financial emergency as defined in the | 5 | | Local Government Financial
Planning and Supervision Act or a | 6 | | condition of fiscal crisis evidenced by an
impaired ability to | 7 | | obtain financing for its public purpose projects from
| 8 | | traditional financial channels or impaired ability to fully | 9 | | fund its
obligations
to fire, police and municipal employee | 10 | | pension funds, or to bond payments or
reserves, may request | 11 | | technical assistance from the Authority in the form of a
| 12 | | diagnostic evaluation of its financial condition; | 13 | | (j) To purchase any obligations of the Authority issued | 14 | | pursuant to
this Article; | 15 | | (k) To sell, transfer or otherwise dispose of local | 16 | | government securities
purchased or otherwise acquired by the | 17 | | Authority pursuant to
this Article,
including without | 18 | | limitation, the sale, transfer or
other disposition of | 19 | | undivided fractionalized interests in the right to receive
| 20 | | payments of principal and premium, if any, or the right to | 21 | | receive payments of
interest or the right to receive payments | 22 | | of principal of and premium, if any,
and interest on pools of | 23 | | such local government securities; | 24 | | (l) To acquire, purchase, lease, sell, transfer and | 25 | | otherwise dispose of
real
and personal property, or any | 26 | | interest therein, and to issue its bonds and
enter
into leases, |
| | | HB3600 | - 6 - | LRB097 08736 HLH 48865 b |
|
| 1 | | contracts and other agreements with units of local government | 2 | | in
connection with such acquisitions, purchases, leases, sales | 3 | | and other
dispositions of such real and personal property; | 4 | | (m) To make loans to banks, savings and loans and other | 5 | | financial
institutions
for the purpose of purchasing or | 6 | | otherwise acquiring local government
securities, and to issue | 7 | | its bonds, and enter into agreements and contracts in
| 8 | | connection with such loans; | 9 | | (n) To enter into agreements or contracts with any person | 10 | | necessary or
appropriate to place the payment obligations of | 11 | | the Authority under any of its
bonds in whole or in part on any | 12 | | interest rate basis, cash flow basis, or other
basis desired by | 13 | | the Authority, including without limitation agreements or
| 14 | | contracts commonly known as "interest rate swap agreements", | 15 | | "forward payment
conversion agreements", and "futures", or | 16 | | agreements or contracts to exchange
cash flows or a series of | 17 | | payments, or agreements or contracts, including
without | 18 | | limitation agreements or contracts commonly known as | 19 | | "options", "puts"
or "calls", to hedge payment, rate spread, or | 20 | | similar exposure; provided, that
any such agreement or contract | 21 | | shall not constitute an obligation for borrowed
money, and | 22 | | shall not be taken into account under
Section 845-5 of this Act | 23 | | or any
other debt limit of the Authority or the State of | 24 | | Illinois; | 25 | | (o) To make and enter into all other agreements and | 26 | | contracts and execute
all
instruments necessary or incidental |
| | | HB3600 | - 7 - | LRB097 08736 HLH 48865 b |
|
| 1 | | to performance of its duties and the
execution of its powers | 2 | | under
this Article; | 3 | | (p) To contract for and finance the costs of energy audits, | 4 | | project-specific
engineering and design specifications, and | 5 | | any other related analyses
preliminary to an energy | 6 | | conservation project; and, to contract for and finance
the cost | 7 | | of project monitoring and data collection to verify | 8 | | post-installation
energy consumption and energy-related | 9 | | operating costs. Any such contract shall
be executed only after | 10 | | it has been jointly negotiated by the Authority and the
| 11 | | Department; and | 12 | | (p-5) To purchase special service area bonds and to accept | 13 | | assignments or pledges, or both, of special service area bonds | 14 | | or agreements relating
to public and private green special | 15 | | service area projects, which
authority shall be liberally | 16 | | construed; and | 17 | | (q) To exercise such other powers as are necessary or | 18 | | incidental to the
foregoing. | 19 | | (Source: P.A. 93-205, eff. 1-1-04.) | 20 | | (20 ILCS 3501/820-25) | 21 | | Sec. 820-25. Unit of Local Government Participation. Any | 22 | | unit of local
government is authorized to voluntarily | 23 | | participate in this program. Any unit
of local government which | 24 | | is authorized to issue, sell and deliver its local
government | 25 | | securities under any provision of the Constitution or laws of |
| | | HB3600 | - 8 - | LRB097 08736 HLH 48865 b |
|
| 1 | | the
State may issue, sell and deliver such local government | 2 | | securities to the
Authority under
this Article; provided that | 3 | | and notwithstanding
any other provision of law to the contrary, | 4 | | any such unit of local government
may issue and sell any such | 5 | | local government security at any interest rate or
rates, which | 6 | | rate or rates may be established by an index or formula which | 7 | | may
be implemented by persons appointed or retained for those | 8 | | purposes therefor , payable at such time
or times, and at such | 9 | | price or prices to which the unit of local government and
the | 10 | | Authority may agree. Any unit of local government may pay any | 11 | | amount
charged by the Authority pursuant to
this Article.
Any | 12 | | unit of local government participating in this program may pay | 13 | | out of the
proceeds of its local government securities or out | 14 | | of any other moneys or funds
available to it for such purposes | 15 | | any costs, fees, interest deemed necessary,
premium or reserves | 16 | | incurred or required for financing or refinancing this
program, | 17 | | including without limitation any fees charged by the Authority
| 18 | | pursuant
to
this Article and its share, as determined by the
| 19 | | Authority, of any costs, fees, interest deemed necessary, | 20 | | premium or reserves
incurred or required pursuant to
Section | 21 | | 820-20 of this Act. All local
government securities purchased | 22 | | or otherwise acquired by the Authority pursuant
to this Act | 23 | | shall upon delivery to the Authority be accompanied by an | 24 | | approving
opinion of bond counsel as to the validity of such | 25 | | securities. The Authority
shall have discretion to purchase or | 26 | | otherwise acquire those local government
securities, as it |
| | | HB3600 | - 9 - | LRB097 08736 HLH 48865 b |
|
| 1 | | shall deem to be in the best interest of its financing
program
| 2 | | for all units of local government taken as a whole. Any unit of | 3 | | local government with the authority in connection with green | 4 | | special service area projects to provide special service area | 5 | | financing under the Special Service Area Tax Law is authorized | 6 | | to issue special service area bonds and sell or assign the | 7 | | bonds to the Authority or to assign or pledge special service | 8 | | area bonds or agreements, or both, to the Authority. | 9 | | (Source: P.A. 93-205, eff. 1-1-04.) | 10 | | (20 ILCS 3501/820-37 new) | 11 | | Sec. 820-37. Unit of local government participation; | 12 | | bonds. The Authority may assist units of local government by | 13 | | establishing and implementing a program to issue its bonds | 14 | | secured by special service area agreements assigned or pledged | 15 | | to the Authority by the local governments so as to provide | 16 | | financing for green special service area projects. The bonds | 17 | | shall not constitute an indebtedness or obligation of the State | 18 | | and it shall be plainly stated on the face of each bond that it | 19 | | does not constitute an indebtedness or obligation but is | 20 | | payable solely from the revenues, income, or other assets of | 21 | | the Authority that are pledged. | 22 | | Section 10. The Property Tax Code is amended by changing | 23 | | Section 27-5 and by adding Section 27-97 as follows: |
| | | HB3600 | - 10 - | LRB097 08736 HLH 48865 b |
|
| 1 | | (35 ILCS 200/27-5) | 2 | | Sec. 27-5. Short title; definitions. This Article may be | 3 | | cited as the
Special Service Area Tax Law. | 4 | | When used in this Article: | 5 | | "Energy efficiency improvement" means any installation, | 6 | | modification, or replacement that reduces energy consumption | 7 | | in any residential, commercial or industrial building, | 8 | | structure, or other facility, including, but not limited to, | 9 | | all of the following: | 10 | | (1) insulation in walls, roofs, floors, foundations, | 11 | | and heating and cooling distribution systems; | 12 | | (2) storm windows and doors, multiglazed windows and | 13 | | doors, heat-absorbing or heat-reflective glazed and coated | 14 | | window and door systems, additional glazing, reductions in | 15 | | glass area, and other window and door system modifications; | 16 | | (3) automatic energy control systems; | 17 | | (4) high efficiency furnaces, lighting fixtures, | 18 | | ventilating, or air conditioning and distribution systems; | 19 | | (5) caulking and weather-stripping; | 20 | | (6) facilities, improvements, or systems to bring | 21 | | natural daylight into buildings; and | 22 | | (7) any other installation, modification, replacement, | 23 | | facility, improvement, rehabilitation, repair, or | 24 | | remodeling that has the effect of reducing energy | 25 | | consumption. | 26 | | "Green special service area" means a special service area |
| | | HB3600 | - 11 - | LRB097 08736 HLH 48865 b |
|
| 1 | | created pursuant to Section 27-97 of this Act for the purpose | 2 | | of providing special services that are energy efficiency | 3 | | improvements, renewable energy improvements, water use | 4 | | improvements, or a combination thereof. The corporate | 5 | | authorities of the municipality or county may establish (i) | 6 | | multiple green special service areas pursuant to a single | 7 | | ordinance or (ii) multiple buildings, structures, facilities, | 8 | | improvements, or lots or parcels of land within a single green | 9 | | special service area, which are not required to be contiguous. | 10 | | Revenues from multiple green special service areas and revenues | 11 | | from multiple buildings, structures, facilities, improvements | 12 | | or lots or parcels of land within a single green special | 13 | | service area may be aggregated for a pledge as security for | 14 | | bonds issued pursuant to Section 27-45 of this Act. | 15 | | "Renewable energy improvement" means any fixture, product, | 16 | | system, device, or interacting group thereof, for or serving | 17 | | any residential, commercial, or industrial building, | 18 | | structure, or other facility that produces energy from | 19 | | renewable resources as defined in Section 1-10 of the Illinois | 20 | | Power Agency Act. | 21 | | "Special Service Area" means a contiguous area within a | 22 | | municipality
or county in which , except as provided in this Act | 23 | | concerning green special service areas, special governmental | 24 | | services are provided in
addition to those services provided | 25 | | generally throughout the
municipality or county, the cost of | 26 | | the special services to be paid
from revenues collected from |
| | | HB3600 | - 12 - | LRB097 08736 HLH 48865 b |
|
| 1 | | taxes levied or imposed upon property
within that area. | 2 | | Territory shall be considered contiguous for purposes
of this | 3 | | Article even though certain completely surrounded portions of | 4 | | the
territory are excluded from the special service area. A | 5 | | county may create
a special service area within a municipality | 6 | | or municipalities when the
municipality or municipalities | 7 | | consent to the creation of the special
service area. A | 8 | | municipality may create a special service area within a
| 9 | | municipality and the unincorporated area of a county or within | 10 | | another
municipality when the county or other municipality | 11 | | consents to the creation
of the special service area. | 12 | | "Special Services" means all forms of services pertaining | 13 | | to the
government and affairs of the municipality or county, | 14 | | including
but not limited to weather modification , energy | 15 | | efficiency improvements, renewable energy improvements, water | 16 | | use improvements, and improvements permissible under
Article 9 | 17 | | of the Illinois Municipal Code, and contracts for the supply of
| 18 | | water as described in Section 11-124-1 of the Illinois | 19 | | Municipal Code which
may be entered into by the municipality or | 20 | | by the county on behalf of a
county service area. | 21 | | "Water use improvement" means any fixture, product, | 22 | | system, device, or interacting group thereof, for or serving | 23 | | any residential, commercial, or industrial building, | 24 | | structure, or other facility that has the effect of conserving | 25 | | water resources through improved water management or | 26 | | efficiency. |
| | | HB3600 | - 13 - | LRB097 08736 HLH 48865 b |
|
| 1 | | (Source: P.A. 86-1324; 88-445.) | 2 | | (35 ILCS 200/27-97 new) | 3 | | Sec. 27-97. Green special service areas. | 4 | | (a) The corporate authorities of a municipality or county | 5 | | may establish a green special service area, or multiple green | 6 | | special service areas under a single ordinance, for the purpose | 7 | | of arranging and financing energy efficiency improvements, | 8 | | renewable energy improvements, or water use improvements. Each | 9 | | green special service area shall include only property for | 10 | | which each owner of record has executed a contract or agreement | 11 | | consenting to the inclusion of such property within the green | 12 | | special service area, and such contract may occur subsequent to | 13 | | the adoption of the ordinance of the corporate authorities | 14 | | establishing the green special service area. The inclusion, or, | 15 | | as applicable, deletion, of property within the green special | 16 | | service area subsequent to the adoption of the ordinance of the | 17 | | corporate authorities establishing the green special service | 18 | | area may be made either (i) by the adoption of a supplemental | 19 | | or amending ordinance of the corporate authorities or (ii) | 20 | | pursuant to authority in the establishing ordinance | 21 | | designating one or more county or municipal officers, as | 22 | | applicable, to include, or, as applicable, delete, other | 23 | | properties. Green special service areas are exempt from the | 24 | | provisions of Sections 27-20, 27-25, 27-30, 27-35, 27-40, | 25 | | 27-55, 27-60, 27-65, and 27-70 of this Act. A municipality or |
| | | HB3600 | - 14 - | LRB097 08736 HLH 48865 b |
|
| 1 | | county may create a green special service area by an ordinance | 2 | | establishing the green special service area. Each owner of | 3 | | record of property within a green special service area may | 4 | | arrange for the specific energy efficiency improvements, | 5 | | renewable energy improvements, or water use improvements and | 6 | | may obtain financing for such improvements through the process | 7 | | set forth in the ordinance establishing the green special | 8 | | service area. A green special service area may consist of a | 9 | | single building, structure, facility, improvement, or lot or | 10 | | parcel of land. The corporate authorities of a municipality or | 11 | | county may establish multiple green special service areas | 12 | | pursuant to a single ordinance or within a single green special | 13 | | service area identify multiple buildings, structures, | 14 | | facilities, improvements, or lots or parcels of land, whether | 15 | | or not contiguous. Revenues from multiple green special service | 16 | | areas or revenues from multiple buildings, structures, | 17 | | facilities, improvements or lots or parcels of land within a | 18 | | single green special service area may be aggregated for a | 19 | | pledge as security for bonds issued pursuant to Section 27-45 | 20 | | of this Act. | 21 | | Municipalities and counties shall have the power to issue | 22 | | bonds under Section 27-45 for the public purposes set forth in | 23 | | this Section 27-97; provided that it is not necessary to | 24 | | conduct a public hearing, as required in Section 27-45, in | 25 | | connection with the issuance of those bonds. | 26 | | (b) The corporate authorities of a county or municipality |
| | | HB3600 | - 15 - | LRB097 08736 HLH 48865 b |
|
| 1 | | that establishes a green special service area shall levy a tax | 2 | | pursuant to Section 27-75 of this Act on all property in a | 3 | | green special service area where each owner of record has | 4 | | entered into a contract or agreement for improvements; provided | 5 | | that it is not necessary to file a copy of the notice of public | 6 | | hearing with the County Clerk as otherwise required by Section | 7 | | 27-45. The contract or agreement entered into with the owner of | 8 | | the property shall be conclusive as to the due authorization | 9 | | and establishment of the applicable green special service area | 10 | | as it relates to that property and to the amount of special tax | 11 | | to be levied and extended against the property for such | 12 | | improvements. A contract or agreement may specify tax levies | 13 | | pursuant to
Section 27-75 of this Act related to the applicable | 14 | | energy efficiency improvements, renewable energy improvements, | 15 | | water use improvements, or a combination thereof, or as | 16 | | applicable to the principal of and interest on bonds issued, | 17 | | including as a part of a larger pooled or composite issue, for | 18 | | financing such improvements. The specified tax levies in a | 19 | | contract or agreement when recorded as provided in subsection | 20 | | (c) of this Section and filed with the county clerk shall be | 21 | | authority for each affected county to extend and collect the | 22 | | levied taxes for the applicable municipality or county, or | 23 | | both, with respect to each such contract or agreement. | 24 | | Municipalities must have consent from the County Clerk before | 25 | | creating a green special service area. | 26 | | (c) The contract or agreement in subsection (b) of this |
| | | HB3600 | - 16 - | LRB097 08736 HLH 48865 b |
|
| 1 | | Section shall be in recordable form and shall be recorded in | 2 | | the office of the recorder in the county where the property is | 3 | | located. | 4 | | (d) Any unit of local government with the authority to | 5 | | provide special service area financing in connection with green | 6 | | special service area projects, as provided in the Special | 7 | | Service Area Tax Law, is authorized to do any of the following: | 8 | | (i) issue special service area bonds, (ii) sell or assign those | 9 | | bonds to the Authority, and (iii) assign or pledge those | 10 | | special service area bonds, agreements relating to public and | 11 | | private green special service area projects, or both to the | 12 | | Illinois Finance Authority. | 13 | | (e) This Section shall be liberally construed to affect the | 14 | | legislative purpose of enabling taxpayers to make energy | 15 | | efficiency improvements, renewable energy improvements, or | 16 | | water use improvements to their properties. | 17 | | Section 15. The Counties Code is amended by changing | 18 | | Section 5-1005 as follows: | 19 | | (55 ILCS 5/5-1005) (from Ch. 34, par. 5-1005) | 20 | | Sec. 5-1005. Powers. Each county shall have power: | 21 | | 1. To purchase and hold the real and personal estate | 22 | | necessary for the
uses of the county, and to purchase and | 23 | | hold, for the benefit of the
county, real estate sold by | 24 | | virtue of judicial proceedings in which the
county is |
| | | HB3600 | - 17 - | LRB097 08736 HLH 48865 b |
|
| 1 | | plaintiff. | 2 | | 2. To sell and convey or lease any real or personal | 3 | | estate owned
by the county. | 4 | | 3. To make all contracts and do all other acts in | 5 | | relation to the
property and concerns of the county | 6 | | necessary to the exercise of its
corporate powers. | 7 | | 4. To take all necessary measures and institute | 8 | | proceedings to
enforce all laws for the prevention of | 9 | | cruelty to animals. | 10 | | 5. To purchase and hold or lease real estate upon which | 11 | | may be
erected and maintained buildings to be utilized for | 12 | | purposes of
agricultural experiments and to purchase, hold | 13 | | and use personal property
for the care and maintenance of | 14 | | such real estate in connection with such
experimental | 15 | | purposes. | 16 | | 6. To cause to be erected, or otherwise provided, | 17 | | suitable
buildings for, and maintain a county hospital and | 18 | | necessary branch
hospitals and/or a county sheltered care | 19 | | home or county nursing home for
the care of such sick, | 20 | | chronically ill or infirm persons as may by law
be proper | 21 | | charges upon the county, or upon other governmental units, | 22 | | and
to provide for the management of the same. The county | 23 | | board may
establish rates to be paid by persons seeking | 24 | | care and treatment in such
hospital or home in accordance | 25 | | with their financial ability to meet such
charges, either | 26 | | personally or through a hospital plan or hospital
|
| | | HB3600 | - 18 - | LRB097 08736 HLH 48865 b |
|
| 1 | | insurance, and the rates to be paid by governmental units, | 2 | | including the
State, for the care of sick, chronically ill | 3 | | or infirm persons admitted
therein upon the request of such | 4 | | governmental units. Any hospital
maintained by a county | 5 | | under this Section is authorized to provide any
service and | 6 | | enter into any contract or other arrangement not prohibited | 7 | | for
a hospital that is licensed under the Hospital | 8 | | Licensing Act, incorporated
under the General | 9 | | Not-For-Profit Corporation Act, and exempt from taxation
| 10 | | under paragraph (3) of subsection (c) of Section 501 of the | 11 | | Internal Revenue Code. | 12 | | 7. To contribute such sums of money toward erecting, | 13 | | building,
maintaining, and supporting any non-sectarian | 14 | | public hospital located
within its limits as the county | 15 | | board of the county shall deem proper. | 16 | | 8. To purchase and hold real estate for the | 17 | | preservation of forests,
prairies and other natural areas | 18 | | and to maintain and regulate the use thereof. | 19 | | 9. To purchase and hold real estate for the purpose of | 20 | | preserving
historical spots in the county, to restore, | 21 | | maintain and regulate the
use thereof and to donate any | 22 | | historical spot to the State. | 23 | | 10. To appropriate funds from the county treasury to be | 24 | | used in
any manner to be determined by the board for the | 25 | | suppression,
eradication and control of tuberculosis among | 26 | | domestic cattle in such county. |
| | | HB3600 | - 19 - | LRB097 08736 HLH 48865 b |
|
| 1 | | 11. To take all necessary measures to prevent forest | 2 | | fires and encourage
the maintenance and planting of trees | 3 | | and the preservation of forests. | 4 | | 12. To authorize the closing on Saturday mornings of | 5 | | all
offices of all county officers at the county seat of | 6 | | each county, and to
otherwise regulate and fix the days and | 7 | | the hours of opening and closing
of such offices, except | 8 | | when the days and the hours of opening and
closing of the | 9 | | office of any county officer are otherwise fixed by law;
| 10 | | but the power herein conferred shall not apply to the | 11 | | office of State's
Attorney and the offices of judges and | 12 | | clerks of courts and, in counties of
500,000 or more | 13 | | population, the offices of county clerk. | 14 | | 13. To provide for the conservation, preservation and
| 15 | | propagation of insectivorous birds through the expenditure | 16 | | of funds
provided for such purpose. | 17 | | 14. To appropriate funds from the county treasury and | 18 | | expend
the same for care and treatment of tuberculosis | 19 | | residents. | 20 | | 15. In counties having less than 1,000,000 | 21 | | inhabitants, to
take all necessary or proper steps for the | 22 | | extermination of mosquitoes,
flies or other insects within | 23 | | the county. | 24 | | 16. To install an adequate system of accounts and | 25 | | financial
records in the offices and divisions of the | 26 | | county, suitable to the
needs of the office and in |
| | | HB3600 | - 20 - | LRB097 08736 HLH 48865 b |
|
| 1 | | accordance with generally accepted principles
of | 2 | | accounting for governmental bodies, which system may | 3 | | include such
reports as the county board may determine. | 4 | | 17. To purchase and hold real estate for the | 5 | | construction and
maintenance of motor vehicle parking | 6 | | facilities for persons using county
buildings, but the | 7 | | purchase and use of such real estate shall not be for
| 8 | | revenue producing purposes. | 9 | | 18. To acquire and hold title to real property located | 10 | | within
the county, or partly within and partly outside the | 11 | | county by
dedication, purchase, gift, legacy or lease, for | 12 | | park and recreational
purposes and to charge reasonable | 13 | | fees for the use of or admission to
any such park or | 14 | | recreational area and to provide police protection for
such | 15 | | park or recreational area. Personnel employed to provide | 16 | | such
police protection shall be conservators of the peace | 17 | | within such park or
recreational area and shall have power | 18 | | to make arrests on view of the
offense or upon warrants for | 19 | | violation of any of the ordinances
governing such park or | 20 | | recreational area or for any breach of the peace
in the | 21 | | same manner as the police in municipalities organized and
| 22 | | existing under the general laws of the State. All such real | 23 | | property outside
the county shall be contiguous to the | 24 | | county and within the boundaries of
the State of Illinois. | 25 | | 19. To appropriate funds from the county treasury to be | 26 | | used
to provide supportive social services designed to |
| | | HB3600 | - 21 - | LRB097 08736 HLH 48865 b |
|
| 1 | | prevent the unnecessary
institutionalization of elderly | 2 | | residents, or, for operation of, and
equipment for, senior | 3 | | citizen centers providing social services to elderly
| 4 | | residents. | 5 | | 20. To appropriate funds from the county treasury and | 6 | | loan such funds
to a county water commission created under | 7 | | the "Water Commission Act",
approved June 30, 1984, as now | 8 | | or hereafter amended, in such amounts and
upon such terms | 9 | | as the county may determine or the county and the
| 10 | | commission may agree. The county shall not under any | 11 | | circumstances be
obligated to make such loans. The county | 12 | | shall not be required to charge
interest on any such loans. | 13 | | 21. To appropriate and expend funds from the county | 14 | | treasury for economic development purposes, including the | 15 | | making of grants to any other governmental entity or | 16 | | commercial enterprise deemed necessary or desirable for | 17 | | the promotion of economic development in the county.
| 18 | | 22. To lease space on a telecommunications tower to a | 19 | | public or private entity. | 20 | | 23. In counties having a population of 100,000 or less | 21 | | and a public building commission organized by the county | 22 | | seat of the county, to cause to be erected or otherwise | 23 | | provided, and to maintain or cause to be maintained, | 24 | | suitable facilities to house students pursuing a | 25 | | post-secondary education at an academic institution | 26 | | located within the county. The county may provide for the |
| | | HB3600 | - 22 - | LRB097 08736 HLH 48865 b |
|
| 1 | | management of the facilities. | 2 | | 24. To engage in and undertake activities related to | 3 | | and in connection with governmental and private energy | 4 | | efficiency improvements, renewable energy improvements, | 5 | | and water use improvements as defined in the Special | 6 | | Service Area Tax Law, including, but not limited to, | 7 | | special service areas related to green special service area | 8 | | financing for energy efficiency improvements, renewable | 9 | | energy improvements, and water use improvements whether on | 10 | | public or private property, under the Special Service Area | 11 | | Tax Law. This item shall be liberally construed to effect | 12 | | the legislative purpose of enabling taxpayers to make | 13 | | energy efficiency improvements, renewable energy | 14 | | improvements, and water use improvements to or serving the | 15 | | designated properties. | 16 | | All contracts for the purchase of coal under this Section | 17 | | shall be
subject to the provisions of "An Act concerning the | 18 | | use of Illinois mined
coal in certain plants and institutions", | 19 | | filed July 13, 1937, as amended. | 20 | | (Source: P.A. 95-197, eff. 8-16-07; 95-813, eff. 1-1-09; | 21 | | 96-622, eff. 8-24-09.) | 22 | | Section 20. The Illinois Municipal Code is amended by | 23 | | adding Division 15.4 and Section 11-15.4-1 to Article 11 as | 24 | | follows: |
| | | HB3600 | - 23 - | LRB097 08736 HLH 48865 b |
|
| 1 | | (65 ILCS 5/Art. 11 Div. 15.4 heading new) | 2 | | DIVISION 15.4. GREEN SPECIAL SERVICE AREAS | 3 | | (65 ILCS 5/11-15.4-1 new) | 4 | | Sec. 11-15.4-1. Green special service areas. Each | 5 | | municipality shall have the power and authority to engage in | 6 | | and undertake activities related to and in connection with | 7 | | governmental and private energy efficiency improvements, | 8 | | renewable energy improvements, and water use improvements as | 9 | | defined in the Special Service Area Tax Law, including, but not | 10 | | limited to, special service area financing related to green | 11 | | special service areas for energy efficiency improvements, | 12 | | renewable energy improvements, and water use improvements | 13 | | whether on public or private property, under the Special | 14 | | Service Area Tax Law. This Section shall be liberally construed | 15 | | to effect the legislative purpose of enabling taxpayers to make | 16 | | energy efficiency improvements, renewable energy improvements, | 17 | | or water use improvements to or serving the designated | 18 | | properties.
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.
| | | | HB3600 | - 24 - | LRB097 08736 HLH 48865 b |
|
| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 20 ILCS 3501/820-10 | | | 4 | | 20 ILCS 3501/820-20 | | | 5 | | 20 ILCS 3501/820-25 | | | 6 | | 20 ILCS 3501/820-37 new | | | 7 | | 35 ILCS 200/27-5 | | | 8 | | 35 ILCS 200/27-97 new | | | 9 | | 55 ILCS 5/5-1005 | from Ch. 34, par. 5-1005 | | 10 | | 65 ILCS 5/Art. 11 Div. | 11 | | 15.4 heading new | | | 12 | | 65 ILCS 5/11-15.4-1 new | |
| |
|