97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3382

 

Introduced 2/7/2012, by Sen. Michael Noland

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 620/4  from Ch. 67 1/2, par. 1004
20 ILCS 620/7.5 new

    Amends the Economic Development Area Tax Increment Allocation Act. Provides that no economic development area may be established or extended without the written approval of the taxing districts comprising a majority of the total amount of taxes extended within the economic development area in the previous taxable year. Provides that no direct or indirect rights or privileges conveyed to any corporation under an economic development plan or agreement may be transferred to a developer's successor entity without the express, written approval of each taxing district located within the economic development area. Provides that the portion of the taxes extended by a school district located in an economic development project area may not be paid into the special tax allocation fund without the express written permission of the school district. Provides that assets purchased by the Administrator to further the development of the economic development area may not be transferred out of the economic development area or otherwise used by the Administrator for development activities or services that are not related to the economic development area.


LRB097 18949 HLH 64187 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3382LRB097 18949 HLH 64187 b

1    AN ACT concerning revenue.
 
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 Sections 4 and 7.5 as
6follows:
 
7    (20 ILCS 620/4)  (from Ch. 67 1/2, par. 1004)
8    (Text of Section before amendment by P.A. 97-636)
9    Sec. 4. Establishment of economic development project
10areas; ordinance; notice; hearing; changes in economic
11development plan. Economic development project areas shall be
12established as follows:
13    (a) The corporate authorities of a municipality shall by
14ordinance propose the establishment of an economic development
15project area and fix a time and place for a public hearing, and
16shall submit a certified copy of the ordinance as adopted to
17the Department.
18    (b)(1) Notice of the public hearing shall be given by
19publication and mailing. Notice by publication shall be given
20by publication at least twice, the first publication to be not
21more than 30 nor less than 10 days prior to the hearing in a
22newspaper of general circulation within the taxing districts
23having property in the proposed economic development project

 

 

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1area. Notice by mailing shall be given by depositing such
2notice together with a copy of the proposed economic
3development plan in the United States mails by certified mail
4addressed to the person or persons in whose name the general
5taxes for the last preceding year were paid on each lot, block,
6tract, or parcel of land lying within the economic development
7project area. The notice shall be mailed not less than 10 days
8prior to the date set for the public hearing. In the event
9taxes for the last preceding year were not paid, the notice
10shall also be sent to the persons last listed on the tax rolls
11within the preceding 3 years as the owners of such property.
12    (2) The notices issued pursuant to this Section shall
13include the following:
14        (A) The time and place of public hearing;
15        (B) The boundaries of the proposed economic
16    development project area by legal description and by street
17    location where possible;
18        (C) A notification that all interested persons will be
19    given an opportunity to be heard at the public hearing;
20        (D) An invitation for any person to submit alternative
21    proposals or bids for any proposed conveyance, lease,
22    mortgage or other disposition of land within the proposed
23    economic development project area;
24        (E) A description of the economic development plan or
25    economic development project if a plan or project is a
26    subject matter of the hearing; and

 

 

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1        (F) Such other matters as the municipality may deem
2    appropriate.
3    (3) Not less than 30 days prior to the date set for
4hearing, the municipality shall give notice by mail as provided
5in this subsection (b) to all taxing districts, of which
6taxable property is included in the economic development
7project area, and to the Department. In addition to the other
8requirements under this subsection (b), the notice shall
9include an invitation to the Department and each taxing
10district to submit comments to the municipality concerning the
11subject matter of the hearing prior to the date of hearing. No
12economic development area may be established or extended
13without the written approval of the taxing districts comprising
14a majority of the total amount of taxes extended within the
15economic development area in the previous taxable year. No
16direct or indirect rights or privileges conveyed to any
17corporation under an economic development plan or agreement may
18be transferred to a developer's successor entity without the
19express, written approval of each taxing district located
20within the economic development area.
21    (c) At the public hearing any interested person, the
22Department or any affected taxing district may file written
23objections with the municipal clerk and may be heard orally
24with respect to any issues embodied in the notice. The
25municipality shall hear and determine all alternate proposals
26or bids for any proposed conveyance, lease, mortgage or other

 

 

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1disposition of land and all protests and objections at the
2hearing, and the hearing may be adjourned to another date
3without further notice other than a motion to be entered upon
4the minutes fixing the time and place of the adjourned hearing.
5Public hearings with regard to an economic development plan,
6economic development project area, or economic development
7project may be held simultaneously.
8    (d) At the public hearing or at any time prior to the
9adoption by the municipality of an ordinance approving an
10economic development plan, the municipality may make changes in
11the economic development plan. Changes which (1) alter the
12exterior boundaries of the proposed economic development
13project area, (2) substantially affect the general land uses
14established in the proposed economic development plan, (3)
15substantially change the nature of the proposed economic
16development project, (4) change the general description of any
17proposed developer, user or tenant of any property to be
18located or improved within the economic development project
19area, or (5) change the description of the type, class and
20number of employees to be employed in the operation of the
21facilities to be developed or improved within the economic
22development project area shall be made only after notice and
23hearing pursuant to the procedures set forth in this Section.
24Changes which do not (1) alter the exterior boundaries of a
25proposed economic development project area, (2) substantially
26affect the general land uses established in the proposed

 

 

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1economic development plan, (3) substantially change the nature
2of the proposed economic development project, (4) change the
3general description of any proposed developer, user or tenant
4of any property to be located or improved within the economic
5development project area, or (5) change the description of the
6type, class and number of employees to be employed in the
7operation of the facilities to be developed or improved within
8the economic development project area may be made without
9further hearing, provided that the municipality shall give
10notice of its changes by mail to the Department and to each
11affected taxing district and by publication in a newspaper or
12newspapers of general circulation within the affected taxing
13districts. Such notice by mail and by publication shall each
14occur not later than 10 days following the adoption by
15ordinance of such changes.
16    (e) At any time within 30 days of the final adjournment of
17the public hearing, a municipality may, by ordinance, approve
18the economic development plan, establish the economic
19development project area, and authorize tax increment
20allocation financing for such economic development project
21area. Any ordinance adopted which approves an economic
22development plan shall contain findings that the economic
23development project shall create or retain not less than 2,000
24full-time equivalent jobs, that private investment in an amount
25not less than $100,000,000 shall occur in the economic
26development project area, that the economic development

 

 

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1project will encourage the increase of commerce and industry
2within the State, thereby reducing the evils attendant upon
3unemployment and increasing opportunities for personal income,
4and that the economic development project will increase or
5maintain the property, sales and income tax bases of the
6municipality and of the State. Any ordinance adopted which
7establishes an economic development project area shall contain
8the boundaries of such area by legal description and, where
9possible, by street location. Any ordinance adopted which
10authorizes tax increment allocation financing shall provide
11that the ad valorem taxes, if any, arising from the levies upon
12taxable real property in such economic development project area
13by taxing districts and tax rates determined in the manner
14provided in subsection (b) of Section 6 of this Act each year
15after the effective date of the ordinance until economic
16development project costs and all municipal obligations
17financing economic development project costs incurred under
18this Act have been paid shall be divided as follows:
19        (1) That portion of taxes levied upon each taxable lot,
20    block, tract or parcel of real property which is
21    attributable to the lower of the current equalized assessed
22    value or the initial equalized assessed value of each such
23    taxable lot, block, tract or parcel of real property in the
24    economic development project area shall be allocated to and
25    when collected shall be paid by the county collector to the
26    respective affected taxing districts in the manner

 

 

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1    required by law in the absence of the adoption of tax
2    increment allocation financing.
3        (2) That portion, if any, of such taxes which is
4    attributable to the increase in the current equalized
5    assessed valuation of each taxable lot, block, tract or
6    parcel of real property in the economic development project
7    area over and above the initial equalized assessed value of
8    each property in the economic development project area
9    shall be allocated to and when collected shall be paid to
10    the municipal treasurer who shall deposit such taxes into a
11    special fund called the special tax allocation fund of the
12    municipality for the purpose of paying economic
13    development project costs and obligations incurred in the
14    payment thereof.
15        (3) Notwithstanding any other provision of law, the
16    portion of the taxes extended by a school district located
17    in an economic development project area may not be paid
18    into the special tax allocation fund without the express
19    written permission of the school district. If the school
20    district does not give its express written permission, then
21    the portion of taxes levied upon each taxable lot, block,
22    tract or parcel of real property which is attributable to
23    the school district shall be allocated to and when
24    collected shall be paid by the county collector to the
25    respective affected taxing districts in the manner
26    required by law in the absence of the adoption of tax

 

 

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1    increment allocation financing.
2    (f) After a municipality has by ordinance approved an
3economic development plan and established an economic
4development project area, the plan may be amended and the
5boundaries of the area may be altered only as herein provided.
6Amendments which (1) alter the exterior boundaries of an
7economic development project area, (2) substantially affect
8the general land uses established pursuant to the economic
9development plan, (3) substantially change the nature of the
10economic development project, (4) change the general
11description of any proposed developer, user, or tenant of any
12property to be located or improved within the economic
13development project area, or (5) change the description of the
14type, class and number of employees to be employed in the
15operation of the facilities to be developed or improved within
16the economic development project area, shall be made only after
17notice and hearing pursuant to the procedures set forth in this
18Section. Amendments which do not (1) alter the boundaries of
19the economic development project area, (2) substantially
20affect the general land uses established in the economic
21development plan, (3) substantially change the nature of the
22economic development project, (4) change the general
23description of any proposed developer, user, or tenant of any
24property to be located or improved within the economic
25development project area, or (5) change the description of the
26type, class and number of employees to be employed in the

 

 

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1operation of the facilities to be developed or improved within
2the economic development project area may be made without
3further hearing, provided that the municipality shall give
4notice of any amendment by mail to the Department and to each
5taxing district and by publication in a newspaper or newspapers
6of general circulation within the affected taxing districts.
7Such notice by mail and by publication shall each occur not
8later than 10 days following the adoption by ordinance of any
9amendments.
10(Source: P.A. 86-38.)
 
11    (Text of Section after amendment by P.A. 97-636)
12    Sec. 4. Establishment of economic development project
13areas; ordinance; notice; hearing; changes in economic
14development plan. Economic development project areas shall be
15established as follows:
16    (a) The corporate authorities of a municipality shall by
17ordinance propose the establishment of an economic development
18project area and fix a time and place for a public hearing, and
19shall submit a certified copy of the ordinance as adopted to
20the Department.
21    (b)(1) Notice of the public hearing shall be given by
22publication and mailing. Notice by publication shall be given
23by publication at least twice, the first publication to be not
24more than 30 nor less than 10 days prior to the hearing in a
25newspaper of general circulation within the taxing districts

 

 

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1having property in the proposed economic development project
2area. Notice by mailing shall be given by depositing such
3notice together with a copy of the proposed economic
4development plan in the United States mails by certified mail
5addressed to the person or persons in whose name the general
6taxes for the last preceding year were paid on each lot, block,
7tract, or parcel of land lying within the economic development
8project area. The notice shall be mailed not less than 10 days
9prior to the date set for the public hearing. In the event
10taxes for the last preceding year were not paid, the notice
11shall also be sent to the persons last listed on the tax rolls
12within the preceding 3 years as the owners of such property.
13    (2) The notices issued pursuant to this Section shall
14include the following:
15        (A) The time and place of public hearing;
16        (B) The boundaries of the proposed economic
17    development project area by legal description and by street
18    location where possible;
19        (C) A notification that all interested persons will be
20    given an opportunity to be heard at the public hearing;
21        (D) An invitation for any person to submit alternative
22    proposals or bids for any proposed conveyance, lease,
23    mortgage or other disposition of land within the proposed
24    economic development project area;
25        (E) A description of the economic development plan or
26    economic development project if a plan or project is a

 

 

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1    subject matter of the hearing; and
2        (F) Such other matters as the municipality may deem
3    appropriate.
4    (3) Not less than 30 days prior to the date set for
5hearing, the municipality shall give notice by mail as provided
6in this subsection (b) to all taxing districts, of which
7taxable property is included in the economic development
8project area, and to the Department. In addition to the other
9requirements under this subsection (b), the notice shall
10include an invitation to the Department and each taxing
11district to submit comments to the municipality concerning the
12subject matter of the hearing prior to the date of hearing. No
13economic development area may be established or extended
14without the written approval of the taxing districts comprising
15a majority of the total amount of taxes extended within the
16economic development area in the previous taxable year. No
17direct or indirect rights or privileges conveyed to any
18corporation under an economic development plan or agreement may
19be transferred to a developer's successor entity without the
20express, written approval of each taxing district located
21within the economic development area.
22    (c) At the public hearing any interested person, the
23Department or any affected taxing district may file written
24objections with the municipal clerk and may be heard orally
25with respect to any issues embodied in the notice. The
26municipality shall hear and determine all alternate proposals

 

 

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1or bids for any proposed conveyance, lease, mortgage or other
2disposition of land and all protests and objections at the
3hearing, and the hearing may be adjourned to another date
4without further notice other than a motion to be entered upon
5the minutes fixing the time and place of the adjourned hearing.
6Public hearings with regard to an economic development plan,
7economic development project area, or economic development
8project may be held simultaneously.
9    (d) At the public hearing or at any time prior to the
10adoption by the municipality of an ordinance approving an
11economic development plan, the municipality may make changes in
12the economic development plan. Changes which (1) alter the
13exterior boundaries of the proposed economic development
14project area, (2) substantially affect the general land uses
15established in the proposed economic development plan, (3)
16substantially change the nature of the proposed economic
17development project, (4) change the general description of any
18proposed developer, user or tenant of any property to be
19located or improved within the economic development project
20area, or (5) change the description of the type, class and
21number of employees to be employed in the operation of the
22facilities to be developed or improved within the economic
23development project area shall be made only after notice and
24hearing pursuant to the procedures set forth in this Section.
25Changes which do not (1) alter the exterior boundaries of a
26proposed economic development project area, (2) substantially

 

 

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1affect the general land uses established in the proposed
2economic development plan, (3) substantially change the nature
3of the proposed economic development project, (4) change the
4general description of any proposed developer, user or tenant
5of any property to be located or improved within the economic
6development project area, or (5) change the description of the
7type, class and number of employees to be employed in the
8operation of the facilities to be developed or improved within
9the economic development project area may be made without
10further hearing, provided that the municipality shall give
11notice of its changes by mail to the Department and to each
12affected taxing district and by publication in a newspaper or
13newspapers of general circulation within the affected taxing
14districts. Such notice by mail and by publication shall each
15occur not later than 10 days following the adoption by
16ordinance of such changes.
17    (e) At any time within 30 days of the final adjournment of
18the public hearing, a municipality may, by ordinance, approve
19the economic development plan, establish the economic
20development project area, and authorize tax increment
21allocation financing for such economic development project
22area. Any ordinance adopted which approves an economic
23development plan shall contain findings that the developer or
24any of its successor entities and its subsidiaries shall create
25or retain not less than 4,250 full-time equivalent jobs, that
26private investment in an amount not less than $100,000,000

 

 

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1shall occur in the economic development project area, that the
2economic development project will encourage the increase of
3commerce and industry within the State, thereby reducing the
4evils attendant upon unemployment and increasing opportunities
5for personal income, and that the economic development project
6will increase or maintain the property, sales and income tax
7bases of the municipality and of the State. Any ordinance
8adopted which establishes an economic development project area
9shall contain the boundaries of such area by legal description
10and, where possible, by street location. Any ordinance adopted
11which authorizes tax increment allocation financing shall
12provide that the ad valorem taxes, if any, arising from the
13levies upon taxable real property in such economic development
14project area by taxing districts and tax rates determined in
15the manner provided in subsection (b) of Section 6 of this Act
16each year after the effective date of the ordinance until
17economic development project costs and all municipal
18obligations financing economic development project costs
19incurred under this Act have been paid shall be divided as
20follows:
21        (1) That portion of taxes levied upon each taxable lot,
22    block, tract or parcel of real property which is
23    attributable to the lower of the current equalized assessed
24    value or the initial equalized assessed value of each such
25    taxable lot, block, tract or parcel of real property in the
26    economic development project area shall be allocated to and

 

 

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1    when collected shall be paid by the county collector to the
2    respective affected taxing districts in the manner
3    required by law in the absence of the adoption of tax
4    increment allocation financing.
5        (2) That portion, if any, of such taxes which is
6    attributable to the increase in the current equalized
7    assessed valuation of each taxable lot, block, tract or
8    parcel of real property in the economic development project
9    area over and above the initial equalized assessed value of
10    each property in the economic development project area
11    shall be allocated to and when collected shall be paid to
12    the municipal treasurer who shall deposit such taxes into a
13    special fund called the special tax allocation fund of the
14    municipality for the purpose of paying economic
15    development project costs and obligations incurred in the
16    payment thereof.
17        (3) Notwithstanding any other provision of law, the
18    portion of the taxes extended by a school district located
19    in an economic development project area may not be paid
20    into the special tax allocation fund without the express
21    written permission of the school district. If the school
22    district does not give its express written permission, then
23    the portion of taxes levied upon each taxable lot, block,
24    tract or parcel of real property which is attributable to
25    the school district shall be allocated to and when
26    collected shall be paid by the county collector to the

 

 

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1    respective affected taxing districts in the manner
2    required by law in the absence of the adoption of tax
3    increment allocation financing.
4    (f) After a municipality has by ordinance approved an
5economic development plan and established an economic
6development project area, the plan may be amended and the
7boundaries of the area may be altered only as herein provided.
8Amendments which (1) alter the exterior boundaries of an
9economic development project area, (2) substantially affect
10the general land uses established pursuant to the economic
11development plan, (3) substantially change the nature of the
12economic development project, (4) change the general
13description of any proposed developer, user, or tenant of any
14property to be located or improved within the economic
15development project area, or (5) change the description of the
16type, class and number of employees to be employed in the
17operation of the facilities to be developed or improved within
18the economic development project area, shall be made only after
19notice and hearing pursuant to the procedures set forth in this
20Section. Amendments which do not (1) alter the boundaries of
21the economic development project area, (2) substantially
22affect the general land uses established in the economic
23development plan, (3) substantially change the nature of the
24economic development project, (4) change the general
25description of any proposed developer, user, or tenant of any
26property to be located or improved within the economic

 

 

SB3382- 17 -LRB097 18949 HLH 64187 b

1development project area, or (5) change the description of the
2type, class and number of employees to be employed in the
3operation of the facilities to be developed or improved within
4the economic development project area may be made without
5further hearing, provided that the municipality shall give
6notice of any amendment by mail to the Department and to each
7taxing district and by publication in a newspaper or newspapers
8of general circulation within the affected taxing districts.
9Such notice by mail and by publication shall each occur not
10later than 10 days following the adoption by ordinance of any
11amendments.
12    (g) Extension of economic development project area;
13allocations; payment of outstanding claims; changes in
14equalized assessed valuation.
15        (1) Notwithstanding anything to the contrary set forth
16    in this Act, upon the effective date of this amendatory Act
17    of the 97th General Assembly, the duration of any existing
18    economic development plan created pursuant to this Act is
19    extended to the duration permitted under this subsection,
20    up to a maximum duration of 15 years.
21        (2) For the purposes of this Section, real estate taxes
22    paid on property within the economic development project
23    area during calendar year 2013 and remitted to the
24    developer and the taxing districts in 2014 shall be the
25    "base amount". Beginning with real estate taxes remitted in
26    2014, for any economic development plan extended by

 

 

SB3382- 18 -LRB097 18949 HLH 64187 b

1    operation of item (1) of this subsection (g), until such
2    time as all existing obligations, as that term is defined
3    in item (5) of this subsection (g), have been satisfied,
4    the allocation of the special tax allocation fund shall be
5    as follows:
6            (A) All receipts up to the first $350,000 shall be
7        maintained by the municipality in an escrow account to
8        be used solely for (i) expenses relating to the reports
9        required by Section 4.7 of this Act and (ii) legal
10        expenses incurred in defense of any civil action
11        brought against the municipality relating to the
12        economic development agreement. The escrow account
13        shall be within the scope of the annual audit provided
14        in Section 4.7 of this Act. Each December 31 following
15        a deposit into the escrow account, any unobligated
16        balance in the escrow account shall be distributed to
17        the taxing districts in the same manner and proportion
18        as the most recent distribution by the county collector
19        to the taxing districts in the economic development
20        project area.
21            (B) After the allocation required pursuant to
22        paragraph (A) of this item (2), the next $5,000,000 of
23        the receipts shall be allocated to the municipality.
24            (C) After the allocations required pursuant to
25        paragraphs (A) and (B) of this item (2), 55% of the
26        remaining receipts shall be allocated to the

 

 

SB3382- 19 -LRB097 18949 HLH 64187 b

1        developer.
2            (D) After the allocations required pursuant to
3        parts (A) and (B) of this item (2), 45% of the
4        remaining receipts shall be allocated to the taxing
5        districts located within the economic development
6        project area, excluding the municipality.
7        (3) For real estate taxes paid in 2012 and remitted to
8    the developer and the taxing districts in 2013 and prior
9    years, the allocation formula contained in any economic
10    development plan in effect immediately prior to the
11    effective date of this amendatory Act of the 97th General
12    Assembly shall apply.
13        (4) Beginning with real estate taxes paid in 2014 and
14    remitted to the developer and the taxing districts in 2015
15    and each year thereafter, if the taxes paid within the
16    economic development project area change from the base
17    amount, the allocation of the special tax allocation fund
18    shall be as follows:
19            (A) If the amount of current year taxes paid is
20        less than the base amount, then the administrative
21        escrow account shall receive the first $350,000 of
22        receipts, the municipality shall receive the next
23        $5,000,000 of receipts, the developer shall receive
24        55% of receipts over $5,350,000, and the remaining 45%
25        of receipts over $5,350,000 shall be distributed to the
26        taxing districts (excluding the municipality) in the

 

 

SB3382- 20 -LRB097 18949 HLH 64187 b

1        same manner and proportion as the most recent
2        distribution by the county collector to those taxing
3        districts in the economic development project area.
4            (B) If the amount of current year taxes paid is
5        greater than the base amount, then 75% of the increase
6        in real estate tax receipts shall be payable to the
7        developer and the remaining 25% of the increase in real
8        estate tax receipts shall be distributed to the taxing
9        districts (including the municipality) pursuant to the
10        formula in this subsection.
11        (5) After (i) all existing obligations and interest
12    thereon have been satisfied, (ii) any excess moneys have
13    been distributed pursuant to this subsection, and (iii)
14    final closing of the books and records of the economic
15    development project area has occurred, the municipality
16    shall adopt an ordinance dissolving the special tax
17    allocation fund for the economic development project area
18    and terminating the designation of the economic
19    development project area as an economic development
20    project area. All excess moneys in the special tax
21    allocation fund shall be distributed to the taxing
22    districts in the same manner and proportion as the most
23    recent distribution by the county collector to those taxing
24    districts in the economic development project area. For the
25    purpose of this subsection (g), "existing obligations"
26    means (i) the obligations of the developer that existed

 

 

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1    before the base year, as certified by a sworn affidavit of
2    the principal financial officer of the developer attesting
3    that the amounts set forth are true and correct, (ii)
4    obligations of the municipality relating to the payment of
5    the obligations of the developer, and (iii) any amounts
6    payable by taxing districts to the developer for property
7    taxes determined to have been overpaid, to the extent that
8    those amounts payable have been carried forward as an
9    interest bearing note due to the developer. All obligations
10    of the developer due and payable shall be processed and
11    paid in the order received, with the oldest notes to be
12    processed and paid first. Beginning January 1, 2012, all
13    outstanding interest bearing notes shall bear interest at
14    the rate of 4% until paid.
15    (h) Beginning on the effective date of this amendatory Act
16of the 97th General Assembly, the taxing districts shall meet
17annually 180 days after the close of the municipal fiscal year,
18or as soon as the economic development project audit for that
19fiscal year becomes available, to review the effectiveness and
20status of the economic development project area up to that
21date.
22(Source: P.A. 97-636, eff. 6-1-12.)
 
23    (20 ILCS 620/7.5 new)
24    Sec. 7.5. Assets purchased by Administrator.
25Notwithstanding any other provision of law, assets purchased by

 

 

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1the Administrator to further the development of the economic
2development area may not be transferred out of the economic
3development area or otherwise used by the Administrator for
4development activities or services that are not related to the
5economic development area. Economic development area funds may
6be used only for that portion of the asset that is used for the
7development of the economic development area.
 
8    Section 95. No acceleration or delay. Where this Act makes
9changes in a statute that is represented in this Act by text
10that is not yet or no longer in effect (for example, a Section
11represented by multiple versions), the use of that text does
12not accelerate or delay the taking effect of (i) the changes
13made by this Act or (ii) provisions derived from any other
14Public Act.