103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4995

 

Introduced 2/8/2024, by Rep. Jeff Keicher

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/11-74.4-5  from Ch. 24, par. 11-74.4-5
65 ILCS 5/11-74.4-6  from Ch. 24, par. 11-74.4-6

    Amends the Tax Increment Allocation Redevelopment Act of the Illinois Municipal Code. Provides that, before an ordinance may be adopted approving a redevelopment project area, the redevelopment project area must be approved by referendum of the voters of the affected taxing districts. Includes requirements for the ordinance or resolution proposing the redevelopment project area, for submission of and language for the referendum, and approval of the referendum when a majority of the voters in each of the affected taxing districts approve the referendum. Modifies notice requirements for the public meeting, and requires the notification of all voters of the affected taxing districts. Requires notice by publication, mailing, and on the website of the municipality (rather than by publication and mailing), and modifies the timing in which notices must be sent. Requires that a notice also must contain a copy of the proposed ordinance designating the redevelopment project area, a list of all taxes levied by each of the taxing districts that constitute the joint review board, a statement of the projected impact that the redevelopment project area will have on those taxing district, and the proposed referendum language. Makes other changes. Effective immediately.


LRB103 37672 AWJ 67799 b

 

 

A BILL FOR

 

HB4995LRB103 37672 AWJ 67799 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 Illinois Municipal Code is amended by
5changing Sections 11-74.4-5 and 11-74.4-6 as follows:
 
6    (65 ILCS 5/11-74.4-5)  (from Ch. 24, par. 11-74.4-5)
7    Sec. 11-74.4-5. Public hearing; joint review board.
8    (a) The changes made by this amendatory Act of the 91st
9General Assembly do not apply to a municipality that, (i)
10before the effective date of this amendatory Act of the 91st
11General Assembly, has adopted an ordinance or resolution
12fixing a time and place for a public hearing under this Section
13or (ii) before July 1, 1999, has adopted an ordinance or
14resolution providing for a feasibility study under Section
1511-74.4-4.1, but has not yet adopted an ordinance approving
16redevelopment plans and redevelopment projects or designating
17redevelopment project areas under Section 11-74.4-4, until
18after that municipality adopts an ordinance approving
19redevelopment plans and redevelopment projects or designating
20redevelopment project areas under Section 11-74.4-4;
21thereafter the changes made by this amendatory Act of the 91st
22General Assembly apply to the same extent that they apply to
23redevelopment plans and redevelopment projects that were

 

 

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1approved and redevelopment projects that were designated
2before the effective date of this amendatory Act of the 91st
3General Assembly.
4    Prior to the adoption of an ordinance proposing the
5designation of a redevelopment project area, or approving a
6redevelopment plan or redevelopment project, the municipality
7by its corporate authorities, or as it may determine by any
8commission designated under subsection (k) of Section
911-74.4-4 shall adopt an ordinance or resolution fixing a time
10and place for public hearing. The ordinance or resolution
11fixing the time and place for a public hearing shall also
12initiate the submission of a referendum to approve the
13designation of the redevelopment project area under subsection
14(a-5), and the ordinance or resolution must be adopted no less
15than 79 days before the regularly scheduled election at which
16the referendum will be held. At least 10 days prior to the
17adoption of the ordinance or resolution establishing the time
18and place for the public hearing, the municipality shall make
19available for public inspection a redevelopment plan or a
20separate report that provides in reasonable detail the basis
21for the eligibility of the redevelopment project area. The
22report along with the name of a person to contact for further
23information shall be sent within a reasonable time after the
24adoption of such ordinance or resolution to the affected
25taxing districts by certified mail. On and after the effective
26date of this amendatory Act of the 91st General Assembly, the

 

 

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1municipality shall print in a newspaper of general circulation
2within the municipality a notice that interested persons may
3register with the municipality in order to receive information
4on the proposed designation of a redevelopment project area or
5the approval of a redevelopment plan. The notice shall state
6the place of registration and the operating hours of that
7place. The municipality shall have adopted reasonable rules to
8implement this registration process under Section 11-74.4-4.2.
9The municipality shall provide notice of the availability of
10the redevelopment plan and eligibility report, including how
11to obtain this information, by mail within a reasonable time
12after the adoption of the ordinance or resolution, to all
13residential addresses that, after a good faith effort, the
14municipality determines are located outside the proposed
15redevelopment project area and within 750 feet of the
16boundaries of the proposed redevelopment project area. This
17requirement is subject to the limitation that in a
18municipality with a population of over 100,000, if the total
19number of residential addresses outside the proposed
20redevelopment project area and within 750 feet of the
21boundaries of the proposed redevelopment project area exceeds
22750, the municipality shall be required to provide the notice
23to only the 750 residential addresses that, after a good faith
24effort, the municipality determines are outside the proposed
25redevelopment project area and closest to the boundaries of
26the proposed redevelopment project area. Notwithstanding the

 

 

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1foregoing, notice given after August 7, 2001 (the effective
2date of Public Act 92-263) and before the effective date of
3this amendatory Act of the 92nd General Assembly to
4residential addresses within 750 feet of the boundaries of a
5proposed redevelopment project area shall be deemed to have
6been sufficiently given in compliance with this Act if given
7only to residents outside the boundaries of the proposed
8redevelopment project area. The notice shall also be provided
9by the municipality, regardless of its population, to those
10organizations and residents that have registered with the
11municipality for that information in accordance with the
12registration guidelines established by the municipality under
13Section 11-74.4-4.2.
14    At the public hearing any interested person or affected
15taxing district may file with the municipal clerk written
16objections to and may be heard orally in respect to any issues
17embodied in the notice. The municipality shall hear all
18protests and objections at the hearing and the hearing may be
19adjourned to another date without further notice other than a
20motion to be entered upon the minutes fixing the time and place
21of the subsequent hearing. At the public hearing or at any time
22prior to the adoption by the municipality of an ordinance
23approving a redevelopment plan, the municipality may make
24changes in the redevelopment plan. Changes which (1) add
25additional parcels of property to the proposed redevelopment
26project area, (2) substantially affect the general land uses

 

 

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1proposed in the redevelopment plan, (3) substantially change
2the nature of or extend the life of the redevelopment project,
3or (4) increase the number of inhabited residential units to
4be displaced from the redevelopment project area, as measured
5from the time of creation of the redevelopment project area,
6to a total of more than 10, shall be made only after the
7municipality gives notice, convenes a joint review board, and
8conducts a public hearing pursuant to the procedures set forth
9in this Section and in Section 11-74.4-6 of this Act. Changes
10which do not (1) add additional parcels of property to the
11proposed redevelopment project area, (2) substantially affect
12the general land uses proposed in the redevelopment plan, (3)
13substantially change the nature of or extend the life of the
14redevelopment project, or (4) increase the number of inhabited
15residential units to be displaced from the redevelopment
16project area, as measured from the time of creation of the
17redevelopment project area, to a total of more than 10, may be
18made without further hearing, provided that the municipality
19shall give notice of any such changes by mail to each affected
20taxing district and registrant on the interested parties
21registry, provided for under Section 11-74.4-4.2, and by
22publication in a newspaper of general circulation within the
23affected taxing district. Such notice by mail and by
24publication shall each occur not later than 10 days following
25the adoption by ordinance of such changes. Hearings with
26regard to a redevelopment project area, project or plan may be

 

 

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1held simultaneously.
2    (a-5) After adoption of an ordinance or resolution fixing
3the time and place for a public hearing under subsection (a),
4the city clerk shall certify the question of approving the
5designation of the redevelopment project for submission to the
6voters of all of the taxing districts that constitute the
7joint review board under subsection (b) to the appropriate
8election authority. Prior to the adoption of the ordinance
9designating the redevelopment project area, the voters of all
10of the taxing districts that constitute the joint review board
11must first approve the referendum to designate the
12redevelopment project area. The referendum shall be
13substantially in the following form:
14-------------------------------------------------------------
15    Shall (name of the municipality)
16establish a redevelopment project
17area within (general description of
18the redevelopment project area) for
19(the purposes of the redevelopment
20project area)?
21-------------------------------------------------------------
22    The votes shall be recorded as "Yes" or "No". The
23referendum is approved when a majority of the voters in each of
24the affected taxing districts approve the referendum.
25    (b) Prior to holding a public hearing to approve or amend a
26redevelopment plan or to designate or add additional parcels

 

 

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1of property to a redevelopment project area, the municipality
2shall convene a joint review board. The board shall consist of
3a representative selected by each community college district,
4local elementary school district and high school district or
5each local community unit school district, park district,
6library district, township, fire protection district, and
7county that will have the authority to directly levy taxes on
8the property within the proposed redevelopment project area at
9the time that the proposed redevelopment project area is
10approved, a representative selected by the municipality and a
11public member. The public member shall first be selected and
12then the board's chairperson shall be selected by a majority
13of the board members present and voting.
14    For redevelopment project areas with redevelopment plans
15or proposed redevelopment plans that would result in the
16displacement of residents from 10 or more inhabited
17residential units or that include 75 or more inhabited
18residential units, the public member shall be a person who
19resides in the redevelopment project area. If, as determined
20by the housing impact study provided for in paragraph (5) of
21subsection (n) of Section 11-74.4-3, or if no housing impact
22study is required then based on other reasonable data, the
23majority of residential units are occupied by very low, low,
24or moderate income households, as defined in Section 3 of the
25Illinois Affordable Housing Act, the public member shall be a
26person who resides in very low, low, or moderate income

 

 

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1housing within the redevelopment project area. Municipalities
2with fewer than 15,000 residents shall not be required to
3select a person who lives in very low, low, or moderate income
4housing within the redevelopment project area, provided that
5the redevelopment plan or project will not result in
6displacement of residents from 10 or more inhabited units, and
7the municipality so certifies in the plan. If no person
8satisfying these requirements is available or if no qualified
9person will serve as the public member, then the joint review
10board is relieved of this paragraph's selection requirements
11for the public member.
12    Within 90 days of the effective date of this amendatory
13Act of the 91st General Assembly, each municipality that
14designated a redevelopment project area for which it was not
15required to convene a joint review board under this Section
16shall convene a joint review board to perform the duties
17specified under paragraph (e) of this Section.
18    All board members shall be appointed and the first board
19meeting shall be held at least 14 days but not more than 28
20days after the mailing of notice by the municipality to the
21taxing districts as required by Section 11-74.4-6(c).
22Notwithstanding the preceding sentence, a municipality that
23adopted either a public hearing resolution or a feasibility
24resolution between July 1, 1999 and July 1, 2000 that called
25for the meeting of the joint review board within 14 days of
26notice of public hearing to affected taxing districts is

 

 

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1deemed to be in compliance with the notice, meeting, and
2public hearing provisions of the Act. Such notice shall also
3advise the taxing bodies represented on the joint review board
4of the time and place of the first meeting of the board.
5Additional meetings of the board shall be held upon the call of
6any member. The municipality seeking designation of the
7redevelopment project area shall provide administrative
8support to the board.
9    The board shall review (i) the public record, planning
10documents and proposed ordinances approving the redevelopment
11plan and project and (ii) proposed amendments to the
12redevelopment plan or additions of parcels of property to the
13redevelopment project area to be adopted by the municipality.
14As part of its deliberations, the board may hold additional
15hearings on the proposal. A board's recommendation shall be an
16advisory, non-binding recommendation. The recommendation shall
17be adopted by a majority of those members present and voting.
18The recommendations shall be submitted to the municipality
19within 30 days after convening of the board. Failure of the
20board to submit its report on a timely basis shall not be cause
21to delay the public hearing or any other step in the process of
22designating or amending the redevelopment project area but
23shall be deemed to constitute approval by the joint review
24board of the matters before it.
25    The board shall base its recommendation to approve or
26disapprove the redevelopment plan and the designation of the

 

 

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1redevelopment project area or the amendment of the
2redevelopment plan or addition of parcels of property to the
3redevelopment project area on the basis of the redevelopment
4project area and redevelopment plan satisfying the plan
5requirements, the eligibility criteria defined in Section
611-74.4-3, and the objectives of this Act.
7    The board shall issue a written report describing why the
8redevelopment plan and project area or the amendment thereof
9meets or fails to meet one or more of the objectives of this
10Act and both the plan requirements and the eligibility
11criteria defined in Section 11-74.4-3. In the event the Board
12does not file a report it shall be presumed that these taxing
13bodies find the redevelopment project area and redevelopment
14plan satisfy the objectives of this Act and the plan
15requirements and eligibility criteria.
16    If the board recommends rejection of the matters before
17it, the municipality will have 30 days within which to
18resubmit the plan or amendment. During this period, the
19municipality will meet and confer with the board and attempt
20to resolve those issues set forth in the board's written
21report that led to the rejection of the plan or amendment.
22    Notwithstanding the resubmission set forth above, the
23municipality may commence the scheduled public hearing and
24either adjourn the public hearing or continue the public
25hearing until a date certain. Prior to continuing any public
26hearing to a date certain, the municipality shall announce

 

 

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1during the public hearing the time, date, and location for the
2reconvening of the public hearing. Any changes to the
3redevelopment plan necessary to satisfy the issues set forth
4in the joint review board report shall be the subject of a
5public hearing before the hearing is adjourned if the changes
6would (1) substantially affect the general land uses proposed
7in the redevelopment plan, (2) substantially change the nature
8of or extend the life of the redevelopment project, or (3)
9increase the number of inhabited residential units to be
10displaced from the redevelopment project area, as measured
11from the time of creation of the redevelopment project area,
12to a total of more than 10. Changes to the redevelopment plan
13necessary to satisfy the issues set forth in the joint review
14board report shall not require any further notice or convening
15of a joint review board meeting, except that any changes to the
16redevelopment plan that would add additional parcels of
17property to the proposed redevelopment project area shall be
18subject to the notice, public hearing, and joint review board
19meeting requirements established for such changes by
20subsection (a) of Section 11-74.4-5.
21    In the event that the municipality and the board are
22unable to resolve these differences, or in the event that the
23resubmitted plan or amendment is rejected by the board, the
24municipality may proceed with the plan or amendment, but only
25upon a three-fifths vote of the corporate authority
26responsible for approval of the plan or amendment, excluding

 

 

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1positions of members that are vacant and those members that
2are ineligible to vote because of conflicts of interest.
3    (c) After a municipality has by ordinance approved a
4redevelopment plan and designated a redevelopment project
5area, the plan may be amended and additional properties may be
6added to the redevelopment project area only as herein
7provided. Amendments which (1) add additional parcels of
8property to the proposed redevelopment project area, (2)
9substantially affect the general land uses proposed in the
10redevelopment plan, (3) substantially change the nature of the
11redevelopment project, (4) increase the total estimated
12redevelopment project costs set out in the redevelopment plan
13by more than 5% after adjustment for inflation from the date
14the plan was adopted, (5) add additional redevelopment project
15costs to the itemized list of redevelopment project costs set
16out in the redevelopment plan, or (6) increase the number of
17inhabited residential units to be displaced from the
18redevelopment project area, as measured from the time of
19creation of the redevelopment project area, to a total of more
20than 10, shall be made only after the municipality gives
21notice, convenes a joint review board, and conducts a public
22hearing pursuant to the procedures set forth in this Section
23and in Section 11-74.4-6 of this Act. Changes which do not (1)
24add additional parcels of property to the proposed
25redevelopment project area, (2) substantially affect the
26general land uses proposed in the redevelopment plan, (3)

 

 

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1substantially change the nature of the redevelopment project,
2(4) increase the total estimated redevelopment project cost
3set out in the redevelopment plan by more than 5% after
4adjustment for inflation from the date the plan was adopted,
5(5) add additional redevelopment project costs to the itemized
6list of redevelopment project costs set out in the
7redevelopment plan, or (6) increase the number of inhabited
8residential units to be displaced from the redevelopment
9project area, as measured from the time of creation of the
10redevelopment project area, to a total of more than 10, may be
11made without further public hearing and related notices and
12procedures including the convening of a joint review board as
13set forth in Section 11-74.4-6 of this Act, provided that the
14municipality shall give notice of any such changes by mail to
15each affected taxing district and registrant on the interested
16parties registry, provided for under Section 11-74.4-4.2, and
17by publication in a newspaper of general circulation within
18the affected taxing district. Such notice by mail and by
19publication shall each occur not later than 10 days following
20the adoption by ordinance of such changes.
21    (d) After the effective date of this amendatory Act of the
2291st General Assembly, a municipality shall submit in an
23electronic format the following information for each
24redevelopment project area (i) to the State Comptroller under
25Section 8-8-3.5 of the Illinois Municipal Code, subject to any
26extensions or exemptions provided at the Comptroller's

 

 

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1discretion under that Section, and (ii) to all taxing
2districts overlapping the redevelopment project area no later
3than 180 days after the close of each municipal fiscal year or
4as soon thereafter as the audited financial statements become
5available and, in any case, shall be submitted before the
6annual meeting of the Joint Review Board to each of the taxing
7districts that overlap the redevelopment project area:
8        (1) Any amendments to the redevelopment plan, the
9    redevelopment project area, or the State Sales Tax
10    Boundary.
11        (1.5) A list of the redevelopment project areas
12    administered by the municipality and, if applicable, the
13    date each redevelopment project area was designated or
14    terminated by the municipality.
15        (2) Audited financial statements of the special tax
16    allocation fund once a cumulative total of $100,000 has
17    been deposited in the fund.
18        (3) Certification of the Chief Executive Officer of
19    the municipality that the municipality has complied with
20    all of the requirements of this Act during the preceding
21    fiscal year.
22        (4) An opinion of legal counsel that the municipality
23    is in compliance with this Act.
24        (5) An analysis of the special tax allocation fund
25    which sets forth:
26            (A) the balance in the special tax allocation fund

 

 

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1        at the beginning of the fiscal year;
2            (B) all amounts deposited in the special tax
3        allocation fund by source;
4            (C) an itemized list of all expenditures from the
5        special tax allocation fund by category of permissible
6        redevelopment project cost; and
7            (D) the balance in the special tax allocation fund
8        at the end of the fiscal year including a breakdown of
9        that balance by source and a breakdown of that balance
10        identifying any portion of the balance that is
11        required, pledged, earmarked, or otherwise designated
12        for payment of or securing of obligations and
13        anticipated redevelopment project costs. Any portion
14        of such ending balance that has not been identified or
15        is not identified as being required, pledged,
16        earmarked, or otherwise designated for payment of or
17        securing of obligations or anticipated redevelopment
18        projects costs shall be designated as surplus as set
19        forth in Section 11-74.4-7 hereof.
20        (6) A description of all property purchased by the
21    municipality within the redevelopment project area
22    including:
23            (A) Street address.
24            (B) Approximate size or description of property.
25            (C) Purchase price.
26            (D) Seller of property.

 

 

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1        (7) A statement setting forth all activities
2    undertaken in furtherance of the objectives of the
3    redevelopment plan, including:
4            (A) Any project implemented in the preceding
5        fiscal year.
6            (B) A description of the redevelopment activities
7        undertaken.
8            (C) A description of any agreements entered into
9        by the municipality with regard to the disposition or
10        redevelopment of any property within the redevelopment
11        project area or the area within the State Sales Tax
12        Boundary.
13            (D) Additional information on the use of all funds
14        received under this Division and steps taken by the
15        municipality to achieve the objectives of the
16        redevelopment plan.
17            (E) Information regarding contracts that the
18        municipality's tax increment advisors or consultants
19        have entered into with entities or persons that have
20        received, or are receiving, payments financed by tax
21        increment revenues produced by the same redevelopment
22        project area.
23            (F) Any reports submitted to the municipality by
24        the joint review board.
25            (G) A review of public and, to the extent
26        possible, private investment actually undertaken to

 

 

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1        date after the effective date of this amendatory Act
2        of the 91st General Assembly and estimated to be
3        undertaken during the following year. This review
4        shall, on a project-by-project basis, set forth the
5        estimated amounts of public and private investment
6        incurred after the effective date of this amendatory
7        Act of the 91st General Assembly and provide the ratio
8        of private investment to public investment to the date
9        of the report and as estimated to the completion of the
10        redevelopment project.
11        (8) With regard to any obligations issued by the
12    municipality:
13            (A) copies of any official statements; and
14            (B) an analysis prepared by financial advisor or
15        underwriter, chosen by the municipality, setting forth
16        the: (i) nature and term of obligation; (ii) projected
17        debt service including required reserves and debt
18        coverage; and (iii) actual debt service.
19        (9) For special tax allocation funds that have
20    experienced cumulative deposits of incremental tax
21    revenues of $100,000 or more, a certified audit report
22    reviewing compliance with this Act performed by an
23    independent public accountant certified and licensed by
24    the authority of the State of Illinois. The financial
25    portion of the audit must be conducted in accordance with
26    Standards for Audits of Governmental Organizations,

 

 

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1    Programs, Activities, and Functions adopted by the
2    Comptroller General of the United States (1981), as
3    amended, or the standards specified by Section 8-8-5 of
4    the Illinois Municipal Auditing Law of the Illinois
5    Municipal Code. The audit report shall contain a letter
6    from the independent certified public accountant
7    indicating compliance or noncompliance with the
8    requirements of subsection (q) of Section 11-74.4-3. For
9    redevelopment plans or projects that would result in the
10    displacement of residents from 10 or more inhabited
11    residential units or that contain 75 or more inhabited
12    residential units, notice of the availability of the
13    information, including how to obtain the report, required
14    in this subsection shall also be sent by mail to all
15    residents or organizations that operate in the
16    municipality that register with the municipality for that
17    information according to registration procedures adopted
18    under Section 11-74.4-4.2. All municipalities are subject
19    to this provision.
20        (10) A list of all intergovernmental agreements in
21    effect during the fiscal year to which the municipality is
22    a party and an accounting of any moneys transferred or
23    received by the municipality during that fiscal year
24    pursuant to those intergovernmental agreements.
25    In addition to information required to be reported under
26this Section, for Fiscal Year 2022 and each fiscal year

 

 

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1thereafter, reporting municipalities shall also report to the
2Comptroller annually in a manner and format prescribed by the
3Comptroller: (1) the number of jobs, if any, projected to be
4created for each redevelopment project area at the time of
5approval of the redevelopment agreement; (2) the number of
6jobs, if any, created as a result of the development to date
7for that reporting period under the same guidelines and
8assumptions as was used for the projections used at the time of
9approval of the redevelopment agreement; (3) the amount of
10increment projected to be created at the time of approval of
11the redevelopment agreement for each redevelopment project
12area; (4) the amount of increment created as a result of the
13development to date for that reporting period using the same
14assumptions as was used for the projections used at the time of
15the approval of the redevelopment agreement; and (5) the
16stated rate of return identified by the developer to the
17municipality for each redevelopment project area, if any.
18Stated rates of return required to be reported in item (5)
19shall be independently verified by a third party chosen by the
20municipality. Reporting municipalities shall also report to
21the Comptroller a copy of the redevelopment plan each time the
22redevelopment plan is enacted, amended, or extended in a
23manner and format prescribed by the Comptroller. These
24requirements shall only apply to redevelopment projects
25beginning in or after Fiscal Year 2022.
26    (d-1) Prior to the effective date of this amendatory Act

 

 

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1of the 91st General Assembly, municipalities with populations
2of over 1,000,000 shall, after adoption of a redevelopment
3plan or project, make available upon request to any taxing
4district in which the redevelopment project area is located
5the following information:
6        (1) Any amendments to the redevelopment plan, the
7    redevelopment project area, or the State Sales Tax
8    Boundary; and
9        (2) In connection with any redevelopment project area
10    for which the municipality has outstanding obligations
11    issued to provide for redevelopment project costs pursuant
12    to Section 11-74.4-7, audited financial statements of the
13    special tax allocation fund.
14    (e) The joint review board shall meet annually 180 days
15after the close of the municipal fiscal year or as soon as the
16redevelopment project audit for that fiscal year becomes
17available to review the effectiveness and status of the
18redevelopment project area up to that date.
19    (f) (Blank).
20    (g) In the event that a municipality has held a public
21hearing under this Section prior to March 14, 1994 (the
22effective date of Public Act 88-537), the requirements imposed
23by Public Act 88-537 relating to the method of fixing the time
24and place for public hearing, the materials and information
25required to be made available for public inspection, and the
26information required to be sent after adoption of an ordinance

 

 

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1or resolution fixing a time and place for public hearing shall
2not be applicable.
3    (h) On and after the effective date of this amendatory Act
4of the 96th General Assembly, the State Comptroller must post
5on the State Comptroller's official website the information
6submitted by a municipality pursuant to subsection (d) of this
7Section. The information must be posted no later than 45 days
8after the State Comptroller receives the information from the
9municipality. The State Comptroller must also post a list of
10the municipalities not in compliance with the reporting
11requirements set forth in subsection (d) of this Section.
12    (i) No later than 10 years after the corporate authorities
13of a municipality adopt an ordinance to establish a
14redevelopment project area, the municipality must compile a
15status report concerning the redevelopment project area. The
16status report must detail without limitation the following:
17(i) the amount of revenue generated within the redevelopment
18project area, (ii) any expenditures made by the municipality
19for the redevelopment project area including without
20limitation expenditures from the special tax allocation fund,
21(iii) the status of planned activities, goals, and objectives
22set forth in the redevelopment plan including details on new
23or planned construction within the redevelopment project area,
24(iv) the amount of private and public investment within the
25redevelopment project area, and (v) any other relevant
26evaluation or performance data. Within 30 days after the

 

 

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1municipality compiles the status report, the municipality must
2hold at least one public hearing concerning the report. The
3municipality must provide 20 days' public notice of the
4hearing.
5    (j) Beginning in fiscal year 2011 and in each fiscal year
6thereafter, a municipality must detail in its annual budget
7(i) the revenues generated from redevelopment project areas by
8source and (ii) the expenditures made by the municipality for
9redevelopment project areas.
10(Source: P.A. 102-127, eff. 7-23-21.)
 
11    (65 ILCS 5/11-74.4-6)  (from Ch. 24, par. 11-74.4-6)
12    Sec. 11-74.4-6. (a) Except as provided herein, notice of
13the public hearing shall be given by publication and mailing;
14provided, however, that no notice by mailing shall be required
15under this subsection (a) with respect to any redevelopment
16project area located within a transit facility improvement
17area established pursuant to Section 11-74.4-3.3. Notice by
18publication shall be given by publication at least twice, the
19first publication to be not more than 30 nor less than 10 days
20prior to the hearing in a newspaper of general circulation
21within the taxing districts having property in the proposed
22redevelopment project area. Notice by mailing shall be given
23by depositing such notice in the United States mails by
24certified mail addressed to the person or persons in whose
25name the general taxes for the last preceding year were paid on

 

 

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1each lot, block, tract, or parcel of land lying within the
2project redevelopment area. Said notice shall be mailed not
3less than 10 days prior to the date set for the public hearing.
4In the event taxes for the last preceding year were not paid,
5the notice shall also be sent to the persons last listed on the
6tax rolls within the preceding 3 years as the owners of such
7property. For redevelopment project areas with redevelopment
8plans or proposed redevelopment plans that would require
9removal of 10 or more inhabited residential units or that
10contain 75 or more inhabited residential units, the
11municipality shall make a good faith effort to notify by mail
12all residents of the redevelopment project area. At a minimum,
13the municipality shall mail a notice to each residential
14address located within the redevelopment project area. The
15municipality shall endeavor to ensure that all such notices
16are effectively communicated and shall include (in addition to
17notice in English) notice in the predominant language other
18than English when appropriate.
19    (a-5) For a public hearing for adoption of an ordinance
20designating a redevelopment project area under subsection (a)
21of Section 11-74.4-5, notice of the public hearing shall be
22given by publication and mailing, but no notice by mailing is
23required under this subsection with respect to a redevelopment
24project area located within a transit facility improvement
25area established pursuant to Section 11-74.4-3.3. Notice by
26publication shall be given by publication at least twice, the

 

 

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1first publication to be not more than 30 nor less than 10 days
2prior to the hearing if the hearing is before the date of the
3referendum or not more than 30 nor less than 10 days prior to
4the date of the election in which the referendum to approve the
5designation of the redevelopment project area if the date of
6the referendum is before the hearing date. Notice by
7publication must be in a newspaper of general circulation
8within the taxing districts having property in the proposed
9redevelopment project area. Notice by publication of the
10public hearing shall also be given by publication on the main
11page of the municipality's website, if it has a website, at
12least 30 days prior to the date of the election in which the
13referendum to approve the designation of the redevelopment
14project area. Notice by mailing shall be given by depositing
15the notice in the United States mails by certified mail
16addressed to every registered voter residing within the taxing
17districts that constitute the joint review board under
18subsection (b) of Section 11-74.4-5. The mailed notice shall
19be mailed not less than 10 days prior to the date set for the
20public hearing. The municipality shall endeavor to ensure that
21all of the notice under this subsection are effectively
22communicated and shall include (in addition to notice in
23English) notice in the predominant language other than English
24when appropriate.
25    (b) Except as otherwise provided in this subsection, the
26The notices issued pursuant to this Section shall include the

 

 

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1following:
2        (1) The time and place of public hearing.
3        (2) The boundaries of the proposed redevelopment
4    project area by legal description and by street location
5    where possible.
6        (3) A notification that all interested persons will be
7    given an opportunity to be heard at the public hearing.
8        (4) A description of the redevelopment plan or
9    redevelopment project for the proposed redevelopment
10    project area if a plan or project is the subject matter of
11    the hearing.
12        (5) A copy of the proposed ordinance designating the
13    redevelopment project area.
14        (6) A list of all taxes levied by each of the taxing
15    districts that constitute the joint review board under
16    subsection (b) of Section 11-74.4-5, and a statement of
17    the projected impact that the redevelopment project area
18    will have on those taxing district.
19        (7) The proposed referendum language.
20        (8) (5) Such other matters as the municipality may
21    deem appropriate.
22    Paragraphs (5), (6), and (7) only apply to notices under
23subsection (a-1).
24    (c) Not less than 45 days prior to the date set for
25hearing, the municipality shall give notice by mail as
26provided in subsection (a) to all taxing districts of which

 

 

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1taxable property is included in the redevelopment project
2area, project or plan and to the Department of Commerce and
3Economic Opportunity, and in addition to the other
4requirements under subsection (b) the notice shall include an
5invitation to the Department of Commerce and Economic
6Opportunity and each taxing district to submit comments to the
7municipality concerning the subject matter of the hearing
8prior to the date of hearing.
9    (d) In the event that any municipality has by ordinance
10adopted tax increment financing prior to 1987, and has
11complied with the notice requirements of this Section, except
12that the notice has not included the requirements of
13subsection (b), paragraphs (2), (3) and (4), and within 90
14days of December 16, 1991 (the effective date of Public Act
1587-813), that municipality passes an ordinance which contains
16findings that: (1) all taxing districts prior to the time of
17the hearing required by Section 11-74.4-5 were furnished with
18copies of a map incorporated into the redevelopment plan and
19project substantially showing the legal boundaries of the
20redevelopment project area; (2) the redevelopment plan and
21project, or a draft thereof, contained a map substantially
22showing the legal boundaries of the redevelopment project area
23and was available to the public at the time of the hearing; and
24(3) since the adoption of any form of tax increment financing
25authorized by this Act, and prior to June 1, 1991, no objection
26or challenge has been made in writing to the municipality in

 

 

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1respect to the notices required by this Section, then the
2municipality shall be deemed to have met the notice
3requirements of this Act and all actions of the municipality
4taken in connection with such notices as were given are hereby
5validated and hereby declared to be legally sufficient for all
6purposes of this Act.
7    (e) If a municipality desires to propose a redevelopment
8plan for a redevelopment project area that would result in the
9displacement of residents from 10 or more inhabited
10residential units or for a redevelopment project area that
11contains 75 or more inhabited residential units, the
12municipality shall hold a public meeting before the mailing of
13the notices of public hearing as provided in subsection (c) of
14this Section. However, such a meeting shall be required for
15any redevelopment plan for a redevelopment project area
16located within a transit facility improvement area established
17pursuant to Section 11-74.4-3.3 if the applicable project is
18subject to the process for evaluation of environmental effects
19under the National Environmental Policy Act of 1969, 42 U.S.C.
204321 et seq. The meeting shall be for the purpose of enabling
21the municipality to advise the public, taxing districts having
22real property in the redevelopment project area, taxpayers who
23own property in the proposed redevelopment project area, and
24residents in the area as to the municipality's possible intent
25to prepare a redevelopment plan and designate a redevelopment
26project area and to receive public comment. The time and place

 

 

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1for the meeting shall be set by the head of the municipality's
2Department of Planning or other department official designated
3by the mayor or city or village manager without the necessity
4of a resolution or ordinance of the municipality and may be
5held by a member of the staff of the Department of Planning of
6the municipality or by any other person, body, or commission
7designated by the corporate authorities. The meeting shall be
8held at least 14 business days before the mailing of the notice
9of public hearing provided for in subsection (c) of this
10Section.
11    Notice of the public meeting shall be given by mail.
12Notice by mail shall be not less than 15 days before the date
13of the meeting and shall be sent by certified mail to all
14taxing districts having real property in the proposed
15redevelopment project area and to all entities requesting that
16information that have registered with a person and department
17designated by the municipality in accordance with registration
18guidelines established by the municipality pursuant to Section
1911-74.4-4.2. The municipality shall make a good faith effort
20to notify all residents and the last known persons who paid
21property taxes on real estate in a redevelopment project area.
22This requirement shall be deemed to be satisfied if the
23municipality mails, by regular mail, a notice to each
24residential address and the person or persons in whose name
25property taxes were paid on real property for the last
26preceding year located within the redevelopment project area.

 

 

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1Notice shall be in languages other than English when
2appropriate. The notices issued under this subsection shall
3include the following:
4        (1) The time and place of the meeting.
5        (2) The boundaries of the area to be studied for
6    possible designation as a redevelopment project area by
7    street and location.
8        (3) The purpose or purposes of establishing a
9    redevelopment project area.
10        (4) A brief description of tax increment financing.
11        (5) The name, telephone number, and address of the
12    person who can be contacted for additional information
13    about the proposed redevelopment project area and who
14    should receive all comments and suggestions regarding the
15    development of the area to be studied.
16        (6) Notification that all interested persons will be
17    given an opportunity to be heard at the public meeting.
18        (7) Such other matters as the municipality deems
19    appropriate.
20    At the public meeting, any interested person or
21representative of an affected taxing district may be heard
22orally and may file, with the person conducting the meeting,
23statements that pertain to the subject matter of the meeting.
24(Source: P.A. 99-792, eff. 8-12-16; 100-201, eff. 8-18-17.)
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.