SB2065eng 96TH GENERAL ASSEMBLY



 


 
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1     AN ACT concerning local government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Municipal Code is amended by
5 changing Section 11-74.4-3.5 as follows:
 
6     (65 ILCS 5/11-74.4-3.5)
7     (Text of Section before amendment by P.A. 95-1028)
8     Sec. 11-74.4-3.5. Completion dates for redevelopment
9 projects.
10     (a) Unless otherwise stated in this Section, the estimated
11 dates of completion of the redevelopment project and retirement
12 of obligations issued to finance redevelopment project costs
13 (including refunding bonds under Section 11-74.4-7) may not be
14 later than December 31 of the year in which the payment to the
15 municipal treasurer, as provided in subsection (b) of Section
16 11-74.4-8 of this Act, is to be made with respect to ad valorem
17 taxes levied in the 23rd calendar year after the year in which
18 the ordinance approving the redevelopment project area was
19 adopted if the ordinance was adopted on or after January 15,
20 1981.
21     (b) The estimated dates of completion of the redevelopment
22 project and retirement of obligations issued to finance
23 redevelopment project costs (including refunding bonds under

 

 

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1 Section 11-74.4-7) may not be later than December 31 of the
2 year in which the payment to the municipal treasurer as
3 provided in subsection (b) of Section 11-74.4-8 of this Act is
4 to be made with respect to ad valorem taxes levied in the 33rd
5 calendar year after the year in which the ordinance approving
6 the redevelopment project area was adopted, if the ordinance
7 was adopted on May 20, 1985 by the Village of Wheeling.
8     (c) The estimated dates of completion of the redevelopment
9 project and retirement of obligations issued to finance
10 redevelopment project costs (including refunding bonds under
11 Section 11-74.4-7) may not be later than December 31 of the
12 year in which the payment to the municipal treasurer as
13 provided in subsection (b) of Section 11-74.4-8 of this Act is
14 to be made with respect to ad valorem taxes levied in the 35th
15 calendar year after the year in which the ordinance approving
16 the redevelopment project area was adopted:
17         (1) if the ordinance was adopted before January 15,
18     1981;
19         (2) if the ordinance was adopted in December 1983,
20     April 1984, July 1985, or December 1989;
21         (3) if the ordinance was adopted in December 1987 and
22     the redevelopment project is located within one mile of
23     Midway Airport;
24         (4) if the ordinance was adopted before January 1, 1987
25     by a municipality in Mason County;
26         (5) if the municipality is subject to the Local

 

 

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1     Government Financial Planning and Supervision Act or the
2     Financially Distressed City Law;
3         (6) if the ordinance was adopted in December 1984 by
4     the Village of Rosemont;
5         (7) if the ordinance was adopted on December 31, 1986
6     by a municipality located in Clinton County for which at
7     least $250,000 of tax increment bonds were authorized on
8     June 17, 1997, or if the ordinance was adopted on December
9     31, 1986 by a municipality with a population in 1990 of
10     less than 3,600 that is located in a county with a
11     population in 1990 of less than 34,000 and for which at
12     least $250,000 of tax increment bonds were authorized on
13     June 17, 1997;
14         (8) if the ordinance was adopted on October 5, 1982 by
15     the City of Kankakee, or if the ordinance was adopted on
16     December 29, 1986 by East St. Louis;
17         (9) if the ordinance was adopted on November 12, 1991
18     by the Village of Sauget;
19         (10) if the ordinance was adopted on February 11, 1985
20     by the City of Rock Island;
21         (11) if the ordinance was adopted before December 18,
22     1986 by the City of Moline;
23         (12) if the ordinance was adopted in September 1988 by
24     Sauk Village;
25         (13) if the ordinance was adopted in October 1993 by
26     Sauk Village;

 

 

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1         (14) if the ordinance was adopted on December 29, 1986
2     by the City of Galva;
3         (15) if the ordinance was adopted in March 1991 by the
4     City of Centreville;
5         (16) if the ordinance was adopted on January 23, 1991
6     by the City of East St. Louis;
7         (17) if the ordinance was adopted on December 22, 1986
8     by the City of Aledo;
9         (18) if the ordinance was adopted on February 5, 1990
10     by the City of Clinton;
11         (19) if the ordinance was adopted on September 6, 1994
12     by the City of Freeport;
13         (20) if the ordinance was adopted on December 22, 1986
14     by the City of Tuscola;
15         (21) if the ordinance was adopted on December 23, 1986
16     by the City of Sparta;
17         (22) if the ordinance was adopted on December 23, 1986
18     by the City of Beardstown;
19         (23) if the ordinance was adopted on April 27, 1981,
20     October 21, 1985, or December 30, 1986 by the City of
21     Belleville;
22         (24) if the ordinance was adopted on December 29, 1986
23     by the City of Collinsville;
24         (25) if the ordinance was adopted on September 14, 1994
25     by the City of Alton;
26         (26) if the ordinance was adopted on November 11, 1996

 

 

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1     by the City of Lexington;
2         (27) if the ordinance was adopted on November 5, 1984
3     by the City of LeRoy;
4         (28) if the ordinance was adopted on April 3, 1991 or
5     June 3, 1992 by the City of Markham;
6         (29) if the ordinance was adopted on November 11, 1986
7     by the City of Pekin;
8         (30) if the ordinance was adopted on December 15, 1981
9     by the City of Champaign;
10         (31) if the ordinance was adopted on December 15, 1986
11     by the City of Urbana;
12         (32) if the ordinance was adopted on December 15, 1986
13     by the Village of Heyworth;
14         (33) if the ordinance was adopted on February 24, 1992
15     by the Village of Heyworth;
16         (34) if the ordinance was adopted on March 16, 1995 by
17     the Village of Heyworth;
18         (35) if the ordinance was adopted on December 23, 1986
19     by the Town of Cicero;
20         (36) if the ordinance was adopted on December 30, 1986
21     by the City of Effingham;
22         (37) if the ordinance was adopted on May 9, 1991 by the
23     Village of Tilton;
24         (38) if the ordinance was adopted on October 20, 1986
25     by the City of Elmhurst;
26         (39) if the ordinance was adopted on January 19, 1988

 

 

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1     by the City of Waukegan;
2         (40) if the ordinance was adopted on September 21, 1998
3     by the City of Waukegan;
4         (41) if the ordinance was adopted on December 31, 1986
5     by the City of Sullivan;
6         (42) if the ordinance was adopted on December 23, 1991
7     by the City of Sullivan;
8         (43) if the ordinance was adopted on December 31, 1986
9     by the City of Oglesby;
10         (44) if the ordinance was adopted on July 28, 1987 by
11     the City of Marion;
12         (45) if the ordinance was adopted on April 23, 1990 by
13     the City of Marion;
14         (46) if the ordinance was adopted on August 20, 1985 by
15     the Village of Mount Prospect;
16         (47) if the ordinance was adopted on February 2, 1998
17     by the Village of Woodhull;
18         (48) if the ordinance was adopted on April 20, 1993 by
19     the Village of Princeville;
20         (49) if the ordinance was adopted on July 1, 1986 by
21     the City of Granite City;
22         (50) if the ordinance was adopted on February 2, 1989
23     by the Village of Lombard;
24         (51) if the ordinance was adopted on December 29, 1986
25     by the Village of Gardner;
26         (52) if the ordinance was adopted on July 14, 1999 by

 

 

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1     the Village of Paw Paw;
2         (53) if the ordinance was adopted on November 17, 1986
3     by the Village of Franklin Park;
4         (54) if the ordinance was adopted on November 20, 1989
5     by the Village of South Holland;
6         (55) if the ordinance was adopted on July 14, 1992 by
7     the Village of Riverdale;
8         (56) if the ordinance was adopted on December 29, 1986
9     by the City of Galesburg;
10         (57) if the ordinance was adopted on April 1, 1985 by
11     the City of Galesburg;
12         (58) if the ordinance was adopted on May 21, 1990 by
13     the City of West Chicago;
14         (59) if the ordinance was adopted on December 16, 1986
15     by the City of Oak Forest;
16         (60) if the ordinance was adopted in 1999 by the City
17     of Villa Grove;
18         (61) if the ordinance was adopted on January 13, 1987
19     by the Village of Mt. Zion;
20         (62) if the ordinance was adopted on December 30, 1986
21     by the Village of Manteno;
22         (63) if the ordinance was adopted on April 3, 1989 by
23     the City of Chicago Heights;
24         (64) if the ordinance was adopted on January 6, 1999 by
25     the Village of Rosemont;
26         (65) if the ordinance was adopted on December 19, 2000

 

 

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1     by the Village of Stone Park;
2         (66) if the ordinance was adopted on December 22, 1986
3     by the City of DeKalb; or
4         (67) if the ordinance was adopted on December 2, 1986
5     by the City of Aurora; .
6         (68) (67) if the ordinance was adopted on December 31,
7     1986 by the Village of Milan; or
8         (69) (68) if the ordinance was adopted on September 8,
9     1994 by the City of West Frankfort; .
10         (70) if the ordinance was adopted on December 23, 1986
11     by the Village of Libertyville;
12         (72) if the ordinance was adopted on December 13, 1993
13     by the Village of Crete;
14         (73) if the ordinance was adopted on February 12, 2001
15     by the Village of Crete; or
16         (74) if the ordinance was adopted on April 23, 2001 by
17     the Village of Crete.
18     (d) For redevelopment project areas for which bonds were
19 issued before July 29, 1991, or for which contracts were
20 entered into before June 1, 1988, in connection with a
21 redevelopment project in the area within the State Sales Tax
22 Boundary, the estimated dates of completion of the
23 redevelopment project and retirement of obligations to finance
24 redevelopment project costs (including refunding bonds under
25 Section 11-74.4-7) may be extended by municipal ordinance to
26 December 31, 2013. The termination procedures of subsection (b)

 

 

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1 of Section 11-74.4-8 are not required for these redevelopment
2 project areas in 2009 but are required in 2013. The extension
3 allowed by Public Act 87-1272 shall not apply to real property
4 tax increment allocation financing under Section 11-74.4-8.
5     (e) Those dates, for purposes of real property tax
6 increment allocation financing pursuant to Section 11-74.4-8
7 only, shall be not more than 35 years for redevelopment project
8 areas that were adopted on or after December 16, 1986 and for
9 which at least $8 million worth of municipal bonds were
10 authorized on or after December 19, 1989 but before January 1,
11 1990; provided that the municipality elects to extend the life
12 of the redevelopment project area to 35 years by the adoption
13 of an ordinance after at least 14 but not more than 30 days'
14 written notice to the taxing bodies, that would otherwise
15 constitute the joint review board for the redevelopment project
16 area, before the adoption of the ordinance.
17     (f) Those dates, for purposes of real property tax
18 increment allocation financing pursuant to Section 11-74.4-8
19 only, shall be not more than 35 years for redevelopment project
20 areas that were established on or after December 1, 1981 but
21 before January 1, 1982 and for which at least $1,500,000 worth
22 of tax increment revenue bonds were authorized on or after
23 September 30, 1990 but before July 1, 1991; provided that the
24 municipality elects to extend the life of the redevelopment
25 project area to 35 years by the adoption of an ordinance after
26 at least 14 but not more than 30 days' written notice to the

 

 

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1 taxing bodies, that would otherwise constitute the joint review
2 board for the redevelopment project area, before the adoption
3 of the ordinance.
4     (g) In consolidating the material relating to completion
5 dates from Sections 11-74.4-3 and 11-74.4-7 into this Section,
6 it is not the intent of the 95th General Assembly to make any
7 substantive change in the law, except for the extension of the
8 completion dates date for the City of Aurora, the Village of
9 Milan, and the City of West Frankfort, and the Village of
10 Libertyville set forth under items item (67), and (68), (69),
11 and (70) of subsection (c) of this Section.
12 (Source: P.A. 95-932, eff. 8-26-08; 95-964, eff. 9-23-08;
13 incorporates P.A. 95-777, eff. 9-22-08; revised 10-14-08.)
 
14     (Text of Section after amendment by P.A. 95-1028)
15     Sec. 11-74.4-3.5. Completion dates for redevelopment
16 projects.
17     (a) Unless otherwise stated in this Section, the estimated
18 dates of completion of the redevelopment project and retirement
19 of obligations issued to finance redevelopment project costs
20 (including refunding bonds under Section 11-74.4-7) may not be
21 later than December 31 of the year in which the payment to the
22 municipal treasurer, as provided in subsection (b) of Section
23 11-74.4-8 of this Act, is to be made with respect to ad valorem
24 taxes levied in the 23rd calendar year after the year in which
25 the ordinance approving the redevelopment project area was

 

 

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1 adopted if the ordinance was adopted on or after January 15,
2 1981.
3     (b) The estimated dates of completion of the redevelopment
4 project and retirement of obligations issued to finance
5 redevelopment project costs (including refunding bonds under
6 Section 11-74.4-7) may not be later than December 31 of the
7 year in which the payment to the municipal treasurer as
8 provided in subsection (b) of Section 11-74.4-8 of this Act is
9 to be made with respect to ad valorem taxes levied in the 33rd
10 calendar year after the year in which the ordinance approving
11 the redevelopment project area was adopted, if the ordinance
12 was adopted on May 20, 1985 by the Village of Wheeling.
13     (c) The estimated dates of completion of the redevelopment
14 project and retirement of obligations issued to finance
15 redevelopment project costs (including refunding bonds under
16 Section 11-74.4-7) may not be later than December 31 of the
17 year in which the payment to the municipal treasurer as
18 provided in subsection (b) of Section 11-74.4-8 of this Act is
19 to be made with respect to ad valorem taxes levied in the 35th
20 calendar year after the year in which the ordinance approving
21 the redevelopment project area was adopted:
22         (1) if the ordinance was adopted before January 15,
23     1981;
24         (2) if the ordinance was adopted in December 1983,
25     April 1984, July 1985, or December 1989;
26         (3) if the ordinance was adopted in December 1987 and

 

 

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1     the redevelopment project is located within one mile of
2     Midway Airport;
3         (4) if the ordinance was adopted before January 1, 1987
4     by a municipality in Mason County;
5         (5) if the municipality is subject to the Local
6     Government Financial Planning and Supervision Act or the
7     Financially Distressed City Law;
8         (6) if the ordinance was adopted in December 1984 by
9     the Village of Rosemont;
10         (7) if the ordinance was adopted on December 31, 1986
11     by a municipality located in Clinton County for which at
12     least $250,000 of tax increment bonds were authorized on
13     June 17, 1997, or if the ordinance was adopted on December
14     31, 1986 by a municipality with a population in 1990 of
15     less than 3,600 that is located in a county with a
16     population in 1990 of less than 34,000 and for which at
17     least $250,000 of tax increment bonds were authorized on
18     June 17, 1997;
19         (8) if the ordinance was adopted on October 5, 1982 by
20     the City of Kankakee, or if the ordinance was adopted on
21     December 29, 1986 by East St. Louis;
22         (9) if the ordinance was adopted on November 12, 1991
23     by the Village of Sauget;
24         (10) if the ordinance was adopted on February 11, 1985
25     by the City of Rock Island;
26         (11) if the ordinance was adopted before December 18,

 

 

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1     1986 by the City of Moline;
2         (12) if the ordinance was adopted in September 1988 by
3     Sauk Village;
4         (13) if the ordinance was adopted in October 1993 by
5     Sauk Village;
6         (14) if the ordinance was adopted on December 29, 1986
7     by the City of Galva;
8         (15) if the ordinance was adopted in March 1991 by the
9     City of Centreville;
10         (16) if the ordinance was adopted on January 23, 1991
11     by the City of East St. Louis;
12         (17) if the ordinance was adopted on December 22, 1986
13     by the City of Aledo;
14         (18) if the ordinance was adopted on February 5, 1990
15     by the City of Clinton;
16         (19) if the ordinance was adopted on September 6, 1994
17     by the City of Freeport;
18         (20) if the ordinance was adopted on December 22, 1986
19     by the City of Tuscola;
20         (21) if the ordinance was adopted on December 23, 1986
21     by the City of Sparta;
22         (22) if the ordinance was adopted on December 23, 1986
23     by the City of Beardstown;
24         (23) if the ordinance was adopted on April 27, 1981,
25     October 21, 1985, or December 30, 1986 by the City of
26     Belleville;

 

 

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1         (24) if the ordinance was adopted on December 29, 1986
2     by the City of Collinsville;
3         (25) if the ordinance was adopted on September 14, 1994
4     by the City of Alton;
5         (26) if the ordinance was adopted on November 11, 1996
6     by the City of Lexington;
7         (27) if the ordinance was adopted on November 5, 1984
8     by the City of LeRoy;
9         (28) if the ordinance was adopted on April 3, 1991 or
10     June 3, 1992 by the City of Markham;
11         (29) if the ordinance was adopted on November 11, 1986
12     by the City of Pekin;
13         (30) if the ordinance was adopted on December 15, 1981
14     by the City of Champaign;
15         (31) if the ordinance was adopted on December 15, 1986
16     by the City of Urbana;
17         (32) if the ordinance was adopted on December 15, 1986
18     by the Village of Heyworth;
19         (33) if the ordinance was adopted on February 24, 1992
20     by the Village of Heyworth;
21         (34) if the ordinance was adopted on March 16, 1995 by
22     the Village of Heyworth;
23         (35) if the ordinance was adopted on December 23, 1986
24     by the Town of Cicero;
25         (36) if the ordinance was adopted on December 30, 1986
26     by the City of Effingham;

 

 

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1         (37) if the ordinance was adopted on May 9, 1991 by the
2     Village of Tilton;
3         (38) if the ordinance was adopted on October 20, 1986
4     by the City of Elmhurst;
5         (39) if the ordinance was adopted on January 19, 1988
6     by the City of Waukegan;
7         (40) if the ordinance was adopted on September 21, 1998
8     by the City of Waukegan;
9         (41) if the ordinance was adopted on December 31, 1986
10     by the City of Sullivan;
11         (42) if the ordinance was adopted on December 23, 1991
12     by the City of Sullivan;
13         (43) if the ordinance was adopted on December 31, 1986
14     by the City of Oglesby;
15         (44) if the ordinance was adopted on July 28, 1987 by
16     the City of Marion;
17         (45) if the ordinance was adopted on April 23, 1990 by
18     the City of Marion;
19         (46) if the ordinance was adopted on August 20, 1985 by
20     the Village of Mount Prospect;
21         (47) if the ordinance was adopted on February 2, 1998
22     by the Village of Woodhull;
23         (48) if the ordinance was adopted on April 20, 1993 by
24     the Village of Princeville;
25         (49) if the ordinance was adopted on July 1, 1986 by
26     the City of Granite City;

 

 

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1         (50) if the ordinance was adopted on February 2, 1989
2     by the Village of Lombard;
3         (51) if the ordinance was adopted on December 29, 1986
4     by the Village of Gardner;
5         (52) if the ordinance was adopted on July 14, 1999 by
6     the Village of Paw Paw;
7         (53) if the ordinance was adopted on November 17, 1986
8     by the Village of Franklin Park;
9         (54) if the ordinance was adopted on November 20, 1989
10     by the Village of South Holland;
11         (55) if the ordinance was adopted on July 14, 1992 by
12     the Village of Riverdale;
13         (56) if the ordinance was adopted on December 29, 1986
14     by the City of Galesburg;
15         (57) if the ordinance was adopted on April 1, 1985 by
16     the City of Galesburg;
17         (58) if the ordinance was adopted on May 21, 1990 by
18     the City of West Chicago;
19         (59) if the ordinance was adopted on December 16, 1986
20     by the City of Oak Forest;
21         (60) if the ordinance was adopted in 1999 by the City
22     of Villa Grove;
23         (61) if the ordinance was adopted on January 13, 1987
24     by the Village of Mt. Zion;
25         (62) if the ordinance was adopted on December 30, 1986
26     by the Village of Manteno;

 

 

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1         (63) if the ordinance was adopted on April 3, 1989 by
2     the City of Chicago Heights;
3         (64) if the ordinance was adopted on January 6, 1999 by
4     the Village of Rosemont;
5         (65) if the ordinance was adopted on December 19, 2000
6     by the Village of Stone Park;
7         (66) if the ordinance was adopted on December 22, 1986
8     by the City of DeKalb; or
9         (67) if the ordinance was adopted on December 2, 1986
10     by the City of Aurora; .
11         (68) (67) if the ordinance was adopted on December 31,
12     1986 by the Village of Milan; or
13         (69) (68) if the ordinance was adopted on September 8,
14     1994 by the City of West Frankfort; .
15         (70) if the ordinance was adopted on December 23, 1986
16     by the Village of Libertyville;
17         (71) if the ordinance was adopted on December 22, 1986
18     by the Village of Hoffman Estates;
19         (72) if the ordinance was adopted on December 13, 1993
20     by the Village of Crete;
21         (73) if the ordinance was adopted on February 12, 2001
22     by the Village of Crete; or
23         (74) if the ordinance was adopted on April 23, 2001 by
24     the Village of Crete.
25     (d) For redevelopment project areas for which bonds were
26 issued before July 29, 1991, or for which contracts were

 

 

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1 entered into before June 1, 1988, in connection with a
2 redevelopment project in the area within the State Sales Tax
3 Boundary, the estimated dates of completion of the
4 redevelopment project and retirement of obligations to finance
5 redevelopment project costs (including refunding bonds under
6 Section 11-74.4-7) may be extended by municipal ordinance to
7 December 31, 2013. The termination procedures of subsection (b)
8 of Section 11-74.4-8 are not required for these redevelopment
9 project areas in 2009 but are required in 2013. The extension
10 allowed by Public Act 87-1272 shall not apply to real property
11 tax increment allocation financing under Section 11-74.4-8.
12     (e) Those dates, for purposes of real property tax
13 increment allocation financing pursuant to Section 11-74.4-8
14 only, shall be not more than 35 years for redevelopment project
15 areas that were adopted on or after December 16, 1986 and for
16 which at least $8 million worth of municipal bonds were
17 authorized on or after December 19, 1989 but before January 1,
18 1990; provided that the municipality elects to extend the life
19 of the redevelopment project area to 35 years by the adoption
20 of an ordinance after at least 14 but not more than 30 days'
21 written notice to the taxing bodies, that would otherwise
22 constitute the joint review board for the redevelopment project
23 area, before the adoption of the ordinance.
24     (f) Those dates, for purposes of real property tax
25 increment allocation financing pursuant to Section 11-74.4-8
26 only, shall be not more than 35 years for redevelopment project

 

 

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1 areas that were established on or after December 1, 1981 but
2 before January 1, 1982 and for which at least $1,500,000 worth
3 of tax increment revenue bonds were authorized on or after
4 September 30, 1990 but before July 1, 1991; provided that the
5 municipality elects to extend the life of the redevelopment
6 project area to 35 years by the adoption of an ordinance after
7 at least 14 but not more than 30 days' written notice to the
8 taxing bodies, that would otherwise constitute the joint review
9 board for the redevelopment project area, before the adoption
10 of the ordinance.
11     (g) In consolidating the material relating to completion
12 dates from Sections 11-74.4-3 and 11-74.4-7 into this Section,
13 it is not the intent of the 95th General Assembly to make any
14 substantive change in the law, except for the extension of the
15 completion dates date for the City of Aurora, the Village of
16 Milan, and the City of West Frankfort, the Village of
17 Libertyville, and the Village of Hoffman Estates set forth
18 under items item (67), and (68), (69), (70), and (71) of
19 subsection (c) of this Section.
20 (Source: P.A. 95-932, eff. 8-26-08; 95-964, eff. 9-23-08;
21 incorporates P.A. 95-777, eff. 9-22-08, and 95-1028, eff.
22 1-1-10; revised 1-27-09.)
 
23     Section 95. No acceleration or delay. Where this Act makes
24 changes in a statute that is represented in this Act by text
25 that is not yet or no longer in effect (for example, a Section

 

 

SB2065 Engrossed - 20 - LRB096 11356 RLJ 21812 b

1 represented by multiple versions), the use of that text does
2 not accelerate or delay the taking effect of (i) the changes
3 made by this Act or (ii) provisions derived from any other
4 Public Act.
 
5     Section 99. Effective date. This Act takes effect upon
6 becoming law.