Public Act 93-0298

SB417 Enrolled                       LRB093 06237 SJM 06348 b

    AN ACT concerning taxes.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  Illinois  Municipal Code is amended by
changing   Sections   11-74.4-3,   11-74.4-4,    11-74.4-4.1,
11-74.4-7, 11-74.4-8, and 11-74.4-10 as follows:

    (65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3)
    Sec.   11-74.4-3.  Definitions.    The  following  terms,
wherever used or referred to in this Division 74.4 shall have
the following respective  meanings,  unless  in  any  case  a
different meaning clearly appears from the context.
    (a)  For  any  redevelopment  project  area that has been
designated pursuant to this Section by an  ordinance  adopted
prior  to  November 1, 1999 (the effective date of Public Act
91-478), "blighted area" shall have the meaning set forth  in
this Section prior to that date.
    On  and after November 1, 1999, "blighted area" means any
improved  or  vacant  area  within  the   boundaries   of   a
redevelopment  project  area  located  within the territorial
limits of the municipality where:
         (1)  If  improved,   industrial,   commercial,   and
    residential  buildings or improvements are detrimental to
    the public  safety,  health,  or  welfare  because  of  a
    combination  of  5 or more of the following factors, each
    of which is (i) present, with that  presence  documented,
    to  a  meaningful  extent  so  that  a  municipality  may
    reasonably find that the factor is clearly present within
    the  intent  of  the  Act and (ii) reasonably distributed
    throughout the improved part of the redevelopment project
    area:
              (A)  Dilapidation.   An   advanced   state   of
         disrepair  or  neglect  of  necessary repairs to the
         primary  structural  components  of   buildings   or
         improvements in such a combination that a documented
         building  condition  analysis  determines that major
         repair is required or the defects are so serious and
         so extensive that the buildings must be removed.
              (B)  Obsolescence.  The condition or process of
         falling  into   disuse.   Structures   have   become
         ill-suited for the original use.
              (C)  Deterioration.  With respect to buildings,
         defects including, but not limited to, major defects
         in  the secondary building components such as doors,
         windows,  porches,  gutters  and   downspouts,   and
         fascia.   With respect to surface improvements, that
         the condition of roadways, alleys,  curbs,  gutters,
         sidewalks,  off-street  parking, and surface storage
         areas evidence  deterioration,  including,  but  not
         limited  to,  surface cracking, crumbling, potholes,
         depressions,  loose  paving  material,   and   weeds
         protruding through paved surfaces.
              (D)  Presence  of structures below minimum code
         standards.  All structures  that  do  not  meet  the
         standards  of  zoning,  subdivision, building, fire,
         and other governmental codes applicable to property,
         but not including housing and  property  maintenance
         codes.
              (E)  Illegal use of individual structures.  The
         use   of   structures  in  violation  of  applicable
         federal, State, or local laws,  exclusive  of  those
         applicable  to  the  presence  of  structures  below
         minimum code standards.
              (F)  Excessive   vacancies.   The  presence  of
         buildings that are unoccupied or under-utilized  and
         that  represent  an  adverse  influence  on the area
         because of the frequency, extent, or duration of the
         vacancies.
              (G)  Lack of ventilation,  light,  or  sanitary
         facilities.  The absence of adequate ventilation for
         light  or air circulation in spaces or rooms without
         windows, or that require the removal of dust,  odor,
         gas,  smoke,  or  other  noxious airborne materials.
         Inadequate natural light and ventilation  means  the
         absence  of skylights or windows for interior spaces
         or rooms and improper window sizes  and  amounts  by
         room   area   to  window  area  ratios.   Inadequate
         sanitary  facilities  refers  to  the   absence   or
         inadequacy   of   garbage   storage  and  enclosure,
         bathroom facilities, hot  water  and  kitchens,  and
         structural   inadequacies   preventing  ingress  and
         egress to and from all  rooms  and  units  within  a
         building.
              (H)  Inadequate   utilities.   Underground  and
         overhead utilities such as storm  sewers  and  storm
         drainage,  sanitary  sewers,  water  lines, and gas,
         telephone, and electrical services that are shown to
         be inadequate.  Inadequate utilities are those  that
         are:  (i) of insufficient capacity to serve the uses
         in   the   redevelopment    project    area,    (ii)
         deteriorated, antiquated, obsolete, or in disrepair,
         or  (iii)  lacking  within the redevelopment project
         area.
              (I)  Excessive land coverage  and  overcrowding
         of   structures   and   community  facilities.   The
         over-intensive use of property and the  crowding  of
         buildings  and  accessory  facilities  onto  a site.
         Examples  of  problem  conditions   warranting   the
         designation  of  an area as one exhibiting excessive
         land coverage are: (i)  the  presence  of  buildings
         either  improperly situated on parcels or located on
         parcels of inadequate size and shape in relation  to
         present-day  standards of development for health and
         safety and (ii) the presence of  multiple  buildings
         on  a  single  parcel.  For there to be a finding of
         excessive land coverage, these parcels must  exhibit
         one   or   more   of   the   following   conditions:
         insufficient  provision  for light and air within or
         around buildings, increased threat of spread of fire
         due to the close proximity  of  buildings,  lack  of
         adequate  or proper access to a public right-of-way,
         lack of reasonably required off-street  parking,  or
         inadequate provision for loading and service.
              (J)  Deleterious   land  use  or  layout.   The
         existence of  incompatible  land-use  relationships,
         buildings  occupied  by inappropriate mixed-uses, or
         uses  considered  to  be  noxious,   offensive,   or
         unsuitable for the surrounding area.
              (K)  Environmental   clean-up.    The  proposed
         redevelopment project  area  has  incurred  Illinois
         Environmental  Protection  Agency  or  United States
         Environmental Protection  Agency  remediation  costs
         for,   or   a  study  conducted  by  an  independent
         consultant  recognized  as   having   expertise   in
         environmental remediation has determined a need for,
         the   clean-up   of   hazardous   waste,   hazardous
         substances, or underground storage tanks required by
         State  or federal law, provided that the remediation
         costs  constitute  a  material  impediment  to   the
         development  or  redevelopment  of the redevelopment
         project area.
              (L)  Lack of community planning.  The  proposed
         redevelopment project area was developed prior to or
         without the benefit or guidance of a community plan.
         This  means  that  the development occurred prior to
         the adoption by the municipality of a  comprehensive
         or  other  community  plan  or that the plan was not
         followed at the  time  of  the  area's  development.
         This  factor  must  be  documented  by  evidence  of
         adverse   or  incompatible  land-use  relationships,
         inadequate  street  layout,  improper   subdivision,
         parcels   of  inadequate  shape  and  size  to  meet
         contemporary   development   standards,   or   other
         evidence  demonstrating  an  absence  of   effective
         community planning.
              (M)  The  total equalized assessed value of the
         proposed redevelopment project area has declined for
         3 of the last 5 calendar years prior to the year  in
         which  the  redevelopment project area is designated
         or is increasing at an annual rate that is less than
         the balance of the municipality for 3 of the last  5
         calendar years for which information is available or
         is  increasing  at  an annual rate that is less than
         the Consumer Price Index  for  All  Urban  Consumers
         published  by  the United States Department of Labor
         or successor agency for 3 of  the  last  5  calendar
         years  prior  to the year in which the redevelopment
         project area is designated.
         (2)  If   vacant,   the   sound   growth   of    the
    redevelopment  project  area is impaired by a combination
    of 2 or more of the following factors, each of  which  is
    (i)   present,   with  that  presence  documented,  to  a
    meaningful extent so that a municipality  may  reasonably
    find that the factor is clearly present within the intent
    of the Act and (ii) reasonably distributed throughout the
    vacant part of the redevelopment project area to which it
    pertains:
              (A)  Obsolete  platting  of  vacant  land  that
         results  in  parcels  of  limited  or narrow size or
         configurations of parcels of irregular size or shape
         that would be difficult  to  develop  on  a  planned
         basis  and  in a manner compatible with contemporary
         standards and requirements, or platting that  failed
         to  create  rights-of-ways  for streets or alleys or
         that  created  inadequate  right-of-way  widths  for
         streets, alleys, or other  public  rights-of-way  or
         that omitted easements for public utilities.
              (B)  Diversity   of  ownership  of  parcels  of
         vacant land sufficient in number to retard or impede
         the ability to assemble the land for development.
              (C)  Tax and special  assessment  delinquencies
         exist  or  the  property has been the subject of tax
         sales under the Property Tax Code within the last  5
         years.
              (D)  Deterioration   of   structures   or  site
         improvements in neighboring areas  adjacent  to  the
         vacant land.
              (E)  The    area    has    incurred    Illinois
         Environmental  Protection  Agency  or  United States
         Environmental Protection  Agency  remediation  costs
         for,   or   a  study  conducted  by  an  independent
         consultant  recognized  as   having   expertise   in
         environmental remediation has determined a need for,
         the   clean-up   of   hazardous   waste,   hazardous
         substances, or underground storage tanks required by
         State  or federal law, provided that the remediation
         costs  constitute  a  material  impediment  to   the
         development  or  redevelopment  of the redevelopment
         project area.
              (F)  The total equalized assessed value of  the
         proposed redevelopment project area has declined for
         3  of the last 5 calendar years prior to the year in
         which the redevelopment project area  is  designated
         or is increasing at an annual rate that is less than
         the  balance of the municipality for 3 of the last 5
         calendar years for which information is available or
         is increasing at an annual rate that  is  less  than
         the  Consumer  Price  Index  for All Urban Consumers
         published by the United States Department  of  Labor
         or  successor  agency  for  3 of the last 5 calendar
         years prior to the year in which  the  redevelopment
         project area is designated.
         (3)  If    vacant,   the   sound   growth   of   the
    redevelopment project area is  impaired  by  one  of  the
    following factors that (i) is present, with that presence
    documented, to a meaningful extent so that a municipality
    may  reasonably  find  that the factor is clearly present
    within the intent of  the  Act  and  (ii)  is  reasonably
    distributed   throughout   the   vacant   part   of   the
    redevelopment project area to which it pertains:
              (A)  The  area  consists  of one or more unused
         quarries, mines, or strip mine ponds.
              (B)  The area  consists  of  unused  railyards,
         rail tracks, or railroad rights-of-way.
              (C)  The  area,  prior  to  its designation, is
         subject  to  (i)  chronic  flooding  that  adversely
         impacts on real property in the area as certified by
         a registered professional  engineer  or  appropriate
         regulatory   agency   or  (ii)  surface  water  that
         discharges from all  or  a  part  of  the  area  and
         contributes  to  flooding within the same watershed,
         but only if the redevelopment project  provides  for
         facilities  or  improvements  to  contribute  to the
         alleviation of all or part of the flooding.
              (D)  The area consists of an unused or  illegal
         disposal  site  containing  earth,  stone,  building
         debris,  or similar materials that were removed from
         construction,  demolition,  excavation,  or   dredge
         sites.
              (E)  Prior to November 1, 1999, the area is not
         less  than  50  nor  more  than 100 acres and 75% of
         which is vacant (notwithstanding that the  area  has
         been   used  for  commercial  agricultural  purposes
         within 5 years  prior  to  the  designation  of  the
         redevelopment  project  area), and the area meets at
         least one of the factors itemized in  paragraph  (1)
         of  this subsection, the area has been designated as
         a  town  or   village   center   by   ordinance   or
         comprehensive plan adopted prior to January 1, 1982,
         and  the  area  has  not  been  developed  for  that
         designated purpose.
              (F)  The  area qualified as a blighted improved
         area immediately prior to  becoming  vacant,  unless
         there has been substantial private investment in the
         immediately surrounding area.
    (b)  For  any  redevelopment  project  area that has been
designated pursuant to this Section by an  ordinance  adopted
prior  to  November 1, 1999 (the effective date of Public Act
91-478), "conservation area" shall have the meaning set forth
in this Section prior to that date.
    On and after November 1, 1999, "conservation area"  means
any  improved  area  within the boundaries of a redevelopment
project area located within the  territorial  limits  of  the
municipality  in  which  50% or more of the structures in the
area have an age of 35 years or more. Such an   area  is  not
yet a blighted area but because of a combination of 3 or more
of the following factors is detrimental to the public safety,
health,  morals  or  welfare  and  such  an area may become a
blighted area:
         (1)  Dilapidation.  An advanced state  of  disrepair
    or neglect of necessary repairs to the primary structural
    components   of  buildings  or  improvements  in  such  a
    combination that a documented building condition analysis
    determines that major repair is required or  the  defects
    are  so  serious and so extensive that the buildings must
    be removed.
         (2)  Obsolescence.   The  condition  or  process  of
    falling into disuse. Structures  have  become  ill-suited
    for the original use.
         (3)  Deterioration.    With  respect  to  buildings,
    defects including, but not limited to, major  defects  in
    the secondary building components such as doors, windows,
    porches,   gutters  and  downspouts,  and  fascia.   With
    respect to surface improvements, that  the  condition  of
    roadways,  alleys,  curbs, gutters, sidewalks, off-street
    parking,   and    surface    storage    areas    evidence
    deterioration,  including,  but  not  limited to, surface
    cracking, crumbling, potholes, depressions, loose  paving
    material, and weeds protruding through paved surfaces.
         (4)  Presence   of  structures  below  minimum  code
    standards.  All structures that do not meet the standards
    of  zoning,  subdivision,  building,  fire,   and   other
    governmental   codes  applicable  to  property,  but  not
    including housing and property maintenance codes.
         (5)  Illegal use of individual structures.  The  use
    of  structures in violation of applicable federal, State,
    or local laws,  exclusive  of  those  applicable  to  the
    presence of structures below minimum code standards.
         (6)  Excessive vacancies.  The presence of buildings
    that  are unoccupied or under-utilized and that represent
    an  adverse  influence  on  the  area  because   of   the
    frequency, extent, or duration of the vacancies.
         (7)  Lack   of   ventilation,   light,  or  sanitary
    facilities.  The  absence  of  adequate  ventilation  for
    light  or  air  circulation  in  spaces  or rooms without
    windows, or that require the removal of dust, odor,  gas,
    smoke,  or  other noxious airborne materials.  Inadequate
    natural  light  and  ventilation  means  the  absence  or
    inadequacy of skylights or windows for interior spaces or
    rooms and improper window sizes and amounts by room  area
    to  window  area  ratios.  Inadequate sanitary facilities
    refers to the absence or inadequacy  of  garbage  storage
    and   enclosure,   bathroom  facilities,  hot  water  and
    kitchens, and structural inadequacies preventing  ingress
    and  egress  to  and  from  all  rooms and units within a
    building.
         (8)  Inadequate utilities.  Underground and overhead
    utilities  such  as  storm  sewers  and  storm  drainage,
    sanitary sewers, water lines,  and  gas,  telephone,  and
    electrical  services  that  are  shown  to be inadequate.
    Inadequate  utilities  are  those  that   are:   (i)   of
    insufficient   capacity   to   serve   the  uses  in  the
    redevelopment   project    area,    (ii)    deteriorated,
    antiquated,  obsolete,  or in disrepair, or (iii) lacking
    within the redevelopment project area.
         (9)  Excessive land  coverage  and  overcrowding  of
    structures  and community facilities.  The over-intensive
    use  of  property  and  the  crowding  of  buildings  and
    accessory facilities onto a site.   Examples  of  problem
    conditions  warranting  the designation of an area as one
    exhibiting excessive land coverage are: the  presence  of
    buildings   either  improperly  situated  on  parcels  or
    located on  parcels  of  inadequate  size  and  shape  in
    relation  to  present-day  standards  of  development for
    health and safety and the presence of multiple  buildings
    on  a  single  parcel.   For  there  to  be  a finding of
    excessive land coverage, these parcels must  exhibit  one
    or   more   of  the  following  conditions:  insufficient
    provision for light and air within or  around  buildings,
    increased  threat  of  spread  of  fire  due to the close
    proximity of buildings, lack of adequate or proper access
    to a public right-of-way,  lack  of  reasonably  required
    off-street  parking,  or inadequate provision for loading
    and service.
         (10)  Deleterious land use or layout.  The existence
    of   incompatible   land-use   relationships,   buildings
    occupied by inappropriate mixed-uses, or uses  considered
    to   be   noxious,   offensive,  or  unsuitable  for  the
    surrounding area.
         (11)  Lack  of  community  planning.   The  proposed
    redevelopment project area  was  developed  prior  to  or
    without the benefit or guidance of a community plan. This
    means that the development occurred prior to the adoption
    by the municipality of a comprehensive or other community
    plan or that the plan was not followed at the time of the
    area's  development.   This  factor must be documented by
    evidence   of   adverse    or    incompatible    land-use
    relationships,   inadequate   street   layout,   improper
    subdivision, parcels of inadequate shape and size to meet
    contemporary  development  standards,  or  other evidence
    demonstrating an absence of effective community planning.
         (12)  The area has incurred  Illinois  Environmental
    Protection   Agency   or   United   States  Environmental
    Protection Agency  remediation  costs  for,  or  a  study
    conducted  by  an  independent  consultant  recognized as
    having  expertise  in   environmental   remediation   has
    determined  a  need for, the clean-up of hazardous waste,
    hazardous  substances,  or  underground   storage   tanks
    required  by  State  or  federal  law,  provided that the
    remediation costs constitute a material impediment to the
    development or redevelopment of the redevelopment project
    area.
         (13)  The total  equalized  assessed  value  of  the
    proposed redevelopment project area has declined for 3 of
    the  last  5  calendar  years  for  which  information is
    available or is increasing at an annual rate that is less
    than the balance of the municipality for 3 of the last  5
    calendar  years  for which information is available or is
    increasing at an  annual  rate  that  is  less  than  the
    Consumer Price Index for All Urban Consumers published by
    the United States Department of Labor or successor agency
    for  3 of the last 5 calendar years for which information
    is available.
    (c)  "Industrial park" means an area  in  a  blighted  or
conservation  area  suitable  for  use  by any manufacturing,
industrial,  research  or   transportation   enterprise,   of
facilities to include but not be limited to factories, mills,
processing   plants,   assembly   plants,   packing   plants,
fabricating    plants,   industrial   distribution   centers,
warehouses, repair overhaul or  service  facilities,  freight
terminals,  research  facilities, test facilities or railroad
facilities.
    (d)  "Industrial park conservation area"  means  an  area
within the boundaries of a redevelopment project area located
within  the  territorial  limits  of a municipality that is a
labor surplus municipality or  within  1  1/2  miles  of  the
territorial  limits of a municipality that is a labor surplus
municipality if the area  is  annexed  to  the  municipality;
which  area  is zoned as industrial no later than at the time
the municipality by ordinance  designates  the  redevelopment
project  area,  and  which  area  includes  both  vacant land
suitable for use as an industrial park and a blighted area or
conservation area contiguous to such vacant land.
    (e)  "Labor surplus municipality" means a municipality in
which,  at  any  time  during  the  6   months   before   the
municipality  by  ordinance  designates  an  industrial  park
conservation  area, the unemployment rate was over 6% and was
also 100% or more of the national average  unemployment  rate
for  that  same  time  as  published  in  the  United  States
Department  of  Labor  Bureau of Labor Statistics publication
entitled  "The  Employment  Situation"   or   its   successor
publication.   For   the   purpose  of  this  subsection,  if
unemployment rate statistics for  the  municipality  are  not
available, the unemployment rate in the municipality shall be
deemed  to  be  the  same  as  the  unemployment  rate in the
principal county in which the municipality is located.
    (f)  "Municipality"  shall  mean  a  city,   village   or
incorporated town.
    (g)  "Initial  Sales  Tax  Amounts"  means  the amount of
taxes paid under the Retailers' Occupation Tax Act,  Use  Tax
Act, Service Use Tax Act, the Service Occupation Tax Act, the
Municipal  Retailers'  Occupation  Tax Act, and the Municipal
Service Occupation Tax Act by  retailers  and  servicemen  on
transactions  at places located in a State Sales Tax Boundary
during the calendar year 1985.
    (g-1)  "Revised Initial  Sales  Tax  Amounts"  means  the
amount of taxes paid under the Retailers' Occupation Tax Act,
Use  Tax Act, Service Use Tax Act, the Service Occupation Tax
Act, the Municipal Retailers' Occupation  Tax  Act,  and  the
Municipal   Service  Occupation  Tax  Act  by  retailers  and
servicemen on transactions at places located within the State
Sales Tax Boundary revised pursuant to Section  11-74.4-8a(9)
of this Act.
    (h)  "Municipal  Sales  Tax  Increment"  means  an amount
equal to the increase in the aggregate amount of  taxes  paid
to  a municipality from the Local Government Tax Fund arising
from  sales  by   retailers   and   servicemen   within   the
redevelopment  project  area  or State Sales Tax Boundary, as
the case may be, for as long  as  the  redevelopment  project
area  or  State Sales Tax Boundary, as the case may be, exist
over and above the aggregate amount of taxes as certified  by
the  Illinois  Department  of  Revenue  and  paid  under  the
Municipal  Retailers'  Occupation  Tax  Act and the Municipal
Service Occupation Tax Act by retailers  and  servicemen,  on
transactions   at   places   of   business   located  in  the
redevelopment project area or State Sales  Tax  Boundary,  as
the  case  may  be,  during  the base year which shall be the
calendar year immediately prior to  the  year  in  which  the
municipality adopted tax increment allocation financing.  For
purposes  of computing the aggregate amount of such taxes for
base years occurring prior to 1985, the Department of Revenue
shall determine the Initial Sales Tax Amounts for such  taxes
and  deduct  therefrom an amount equal to 4% of the aggregate
amount of taxes per year for each year the base year is prior
to 1985, but not to exceed a  total  deduction  of  12%.  The
amount  so determined shall be known as the "Adjusted Initial
Sales  Tax  Amounts".   For  purposes  of   determining   the
Municipal  Sales  Tax  Increment,  the  Department of Revenue
shall for each period subtract from the amount  paid  to  the
municipality  from the Local Government Tax Fund arising from
sales by retailers and servicemen on transactions located  in
the  redevelopment  project  area  or  the  State  Sales  Tax
Boundary, as the case may be, the certified Initial Sales Tax
Amounts,  the  Adjusted  Initial  Sales  Tax  Amounts  or the
Revised  Initial  Sales  Tax  Amounts   for   the   Municipal
Retailers'  Occupation  Tax  Act  and  the  Municipal Service
Occupation Tax Act.  For the State  Fiscal  Year  1989,  this
calculation shall be made by utilizing the calendar year 1987
to  determine the tax amounts received.  For the State Fiscal
Year 1990, this calculation shall be made  by  utilizing  the
period  from  January  1,  1988, until September 30, 1988, to
determine  the  tax  amounts  received  from  retailers   and
servicemen  pursuant  to  the Municipal Retailers' Occupation
Tax and the Municipal Service Occupation Tax Act, which shall
have  deducted  therefrom  nine-twelfths  of  the   certified
Initial  Sales  Tax  Amounts,  the Adjusted Initial Sales Tax
Amounts  or  the  Revised  Initial  Sales  Tax   Amounts   as
appropriate. For the State Fiscal Year 1991, this calculation
shall  be  made by utilizing the period from October 1, 1988,
to June 30, 1989, to determine the tax amounts received  from
retailers and servicemen pursuant to the Municipal Retailers'
Occupation  Tax  and the Municipal Service Occupation Tax Act
which shall have  deducted  therefrom  nine-twelfths  of  the
certified  Initial  Sales Tax Amounts, Adjusted Initial Sales
Tax Amounts or the  Revised  Initial  Sales  Tax  Amounts  as
appropriate.  For  every  State  Fiscal  Year thereafter, the
applicable period shall be the 12 months beginning July 1 and
ending June 30 to determine the tax  amounts  received  which
shall have deducted therefrom the certified Initial Sales Tax
Amounts,  the  Adjusted  Initial  Sales  Tax  Amounts  or the
Revised Initial Sales Tax Amounts, as the case may be.
    (i)  "Net State Sales Tax Increment" means the sum of the
following: (a) 80% of the first $100,000 of State  Sales  Tax
Increment   annually  generated  within  a  State  Sales  Tax
Boundary; (b) 60% of the amount in excess of $100,000 but not
exceeding $500,000 of  State  Sales  Tax  Increment  annually
generated  within  a State Sales Tax Boundary; and (c) 40% of
all  amounts  in  excess  of  $500,000  of  State  Sales  Tax
Increment  annually  generated  within  a  State  Sales   Tax
Boundary.   If,  however,  a  municipality  established a tax
increment financing district in a county with a population in
excess  of  3,000,000  before  January  1,  1986,   and   the
municipality  entered  into  a contract or issued bonds after
January 1, 1986, but before December  31,  1986,  to  finance
redevelopment   project   costs  within  a  State  Sales  Tax
Boundary, then the Net State Sales Tax Increment  means,  for
the  fiscal  years  beginning July 1, 1990, and July 1, 1991,
100% of the State  Sales  Tax  Increment  annually  generated
within  a  State  Sales Tax Boundary; and notwithstanding any
other provision of this  Act,  for  those  fiscal  years  the
Department    of    Revenue   shall   distribute   to   those
municipalities 100% of their Net State  Sales  Tax  Increment
before   any  distribution  to  any  other  municipality  and
regardless of whether or not those other municipalities  will
receive  100%  of  their  Net State Sales Tax Increment.  For
Fiscal Year 1999, and every year thereafter  until  the  year
2007,  for  any  municipality  that  has  not  entered into a
contract or has not issued bonds prior to  June  1,  1988  to
finance  redevelopment project costs within a State Sales Tax
Boundary,  the  Net  State  Sales  Tax  Increment  shall   be
calculated as follows: By multiplying the Net State Sales Tax
Increment  by  90%  in the State Fiscal Year 1999; 80% in the
State Fiscal Year 2000; 70% in the State  Fiscal  Year  2001;
60%  in  the  State Fiscal Year 2002; 50% in the State Fiscal
Year 2003; 40% in the State Fiscal  Year  2004;  30%  in  the
State  Fiscal  Year  2005; 20% in the State Fiscal Year 2006;
and 10% in the State Fiscal Year 2007. No  payment  shall  be
made for State Fiscal Year 2008 and thereafter.
    Municipalities  that  issued  bonds  in connection with a
redevelopment project in a redevelopment project area  within
the  State Sales Tax Boundary prior to July 29, 1991, or that
entered into contracts in  connection  with  a  redevelopment
project  in a redevelopment project area before June 1, 1988,
shall continue to receive their  proportional  share  of  the
Illinois  Tax  Increment  Fund distribution until the date on
which the redevelopment project is completed  or  terminated.
If,  however,  a municipality that issued bonds in connection
with a redevelopment project in a redevelopment project  area
within  the  State  Sales Tax Boundary prior to July 29, 1991
retires the bonds prior to June 30, 2007  or  a  municipality
that   entered   into   contracts   in   connection   with  a
redevelopment project in a redevelopment project area  before
June  1, 1988 completes the contracts prior to June 30, 2007,
then so long as the redevelopment project is not completed or
is not terminated, the Net State Sales Tax Increment shall be
calculated, beginning on the date  on  which  the  bonds  are
retired  or  the  contracts  are  completed,  as follows:  By
multiplying the Net State Sales Tax Increment by 60%  in  the
State  Fiscal  Year  2002; 50% in the State Fiscal Year 2003;
40% in the State Fiscal Year 2004; 30% in  the  State  Fiscal
Year  2005; 20% in the State Fiscal Year 2006; and 10% in the
State Fiscal Year 2007.  No payment shall be made  for  State
Fiscal  Year  2008  and  thereafter.  Refunding  of any bonds
issued prior to July 29, 1991, shall not alter the Net  State
Sales Tax Increment.
    (j)  "State Utility Tax Increment Amount" means an amount
equal to the aggregate increase in State electric and gas tax
charges imposed on owners and tenants, other than residential
customers,  of  properties  located  within the redevelopment
project area under Section 9-222 of the Public Utilities Act,
over and above the aggregate of such charges as certified  by
the  Department  of  Revenue  and paid by owners and tenants,
other than residential customers, of  properties  within  the
redevelopment  project area during the base year, which shall
be the calendar year immediately prior to  the  year  of  the
adoption   of   the   ordinance   authorizing  tax  increment
allocation financing.
    (k)  "Net State Utility Tax Increment" means the  sum  of
the following: (a) 80% of the first $100,000 of State Utility
Tax  Increment  annually generated by a redevelopment project
area; (b) 60% of the amount in excess  of  $100,000  but  not
exceeding   $500,000  of  the  State  Utility  Tax  Increment
annually generated by a redevelopment project area;  and  (c)
40% of all amounts in excess of $500,000 of State Utility Tax
Increment annually generated by a redevelopment project area.
For  the  State  Fiscal  Year 1999, and every year thereafter
until the year  2007,  for  any  municipality  that  has  not
entered into a contract or has not issued bonds prior to June
1,  1988  to  finance  redevelopment  project  costs within a
redevelopment  project  area,  the  Net  State  Utility   Tax
Increment  shall be calculated as follows: By multiplying the
Net State Utility Tax Increment by 90% in  the  State  Fiscal
Year  1999;  80%  in  the  State Fiscal Year 2000; 70% in the
State Fiscal Year 2001; 60% in the State  Fiscal  Year  2002;
50%  in  the  State Fiscal Year 2003; 40% in the State Fiscal
Year 2004; 30% in the State Fiscal  Year  2005;  20%  in  the
State  Fiscal  Year  2006;  and  10% in the State Fiscal Year
2007. No payment shall be made for the State Fiscal Year 2008
and thereafter.
    Municipalities that issue bonds in  connection  with  the
redevelopment  project  during  the  period from June 1, 1988
until 3 years after the effective date of this Amendatory Act
of 1988 shall receive the Net State  Utility  Tax  Increment,
subject to appropriation, for 15 State Fiscal Years after the
issuance  of such bonds.  For the 16th through the 20th State
Fiscal Years after issuance  of  the  bonds,  the  Net  State
Utility  Tax  Increment  shall  be  calculated as follows: By
multiplying the Net State Utility Tax  Increment  by  90%  in
year  16; 80% in year 17; 70% in year 18; 60% in year 19; and
50% in year 20. Refunding of any bonds issued prior  to  June
1,  1988,  shall  not alter the revised Net State Utility Tax
Increment payments set forth above.
    (l)  "Obligations" mean bonds, loans, debentures,  notes,
special certificates or other evidence of indebtedness issued
by  the  municipality to carry out a redevelopment project or
to refund outstanding obligations.
    (m)  "Payment in lieu of taxes" means those estimated tax
revenues from real property in a redevelopment  project  area
derived  from  real  property  that  has  been  acquired by a
municipality which according to the redevelopment project  or
plan  is  to be used for a private use which taxing districts
would have received had a municipality not acquired the  real
property  and  adopted tax increment allocation financing and
which would result from levies made after  the  time  of  the
adoption  of  tax  increment allocation financing to the time
the  current  equalized  value  of  real  property   in   the
redevelopment   project   area   exceeds  the  total  initial
equalized value of real property in said area.
    (n)  "Redevelopment plan" means the comprehensive program
of the municipality for development or redevelopment intended
by the payment of redevelopment project costs  to  reduce  or
eliminate  those  conditions the existence of which qualified
the redevelopment  project  area  as  a  "blighted  area"  or
"conservation  area"  or  combination  thereof or "industrial
park conservation area," and thereby to enhance the tax bases
of the taxing districts which extend into  the  redevelopment
project  area.  On  and after November 1, 1999 (the effective
date of Public Act 91-478),  no  redevelopment  plan  may  be
approved  or  amended that includes the development of vacant
land (i) with a golf course and related clubhouse  and  other
facilities  or  (ii) designated by federal, State, county, or
municipal government as public land for outdoor  recreational
activities  or for nature preserves and used for that purpose
within 5 years prior to the  adoption  of  the  redevelopment
plan.   For  the   purpose  of this subsection, "recreational
activities" is limited to  mean  camping  and  hunting.  Each
redevelopment  plan shall set forth in writing the program to
be undertaken to accomplish the objectives  and shall include
but not be limited to:
         (A)  an itemized  list  of  estimated  redevelopment
    project costs;
         (B)  evidence   indicating  that  the  redevelopment
    project area on the whole has not been subject to  growth
    and development through investment by private enterprise;
         (C)  an  assessment  of  any financial impact of the
    redevelopment project area on or any increased demand for
    services from any taxing district affected  by  the  plan
    and  any  program  to  address  such  financial impact or
    increased demand;
         (D)  the sources of funds to pay costs;
         (E)  the nature and term of the  obligations  to  be
    issued;
         (F)  the most recent equalized assessed valuation of
    the redevelopment project area;
         (G)  an   estimate  as  to  the  equalized  assessed
    valuation after redevelopment and the general  land  uses
    to apply in the redevelopment project area;
         (H)  a  commitment  to fair employment practices and
    an affirmative action plan;
         (I)  if it concerns an industrial park  conservation
    area,  the  plan shall also include a general description
    of  any  proposed  developer,  user  and  tenant  of  any
    property,  a  description  of  the  type,  structure  and
    general character of the facilities to  be  developed,  a
    description   of  the  type,  class  and  number  of  new
    employees  to  be  employed  in  the  operation  of   the
    facilities to be developed; and
         (J)  if   property   is   to   be   annexed  to  the
    municipality, the plan shall include  the  terms  of  the
    annexation agreement.
    The  provisions  of  items (B) and (C) of this subsection
(n) shall not apply to a municipality that before  March  14,
1994  (the  effective  date  of Public Act 88-537) had fixed,
either by  its  corporate  authorities  or  by  a  commission
designated  under subsection (k) of Section 11-74.4-4, a time
and place for a public hearing as required by subsection  (a)
of  Section 11-74.4-5. No redevelopment plan shall be adopted
unless a municipality complies  with  all  of  the  following
requirements:
         (1)  The  municipality  finds that the redevelopment
    project area on the whole has not been subject to  growth
    and  development through investment by private enterprise
    and would not reasonably be anticipated to  be  developed
    without the adoption of the redevelopment plan.
         (2)  The  municipality  finds that the redevelopment
    plan and project conform to the  comprehensive  plan  for
    the  development  of the municipality as a whole, or, for
    municipalities with a  population  of  100,000  or  more,
    regardless of when the redevelopment plan and project was
    adopted,  the  redevelopment plan and project either: (i)
    conforms  to  the  strategic  economic   development   or
    redevelopment  plan  issued  by  the  designated planning
    authority of the municipality, or (ii) includes land uses
    that have been approved by the planning commission of the
    municipality.
         (3)  The   redevelopment   plan   establishes    the
    estimated   dates  of  completion  of  the  redevelopment
    project and retirement of obligations issued  to  finance
    redevelopment  project  costs.   Those dates shall not be
    later than December 31 of the year in which  the  payment
    to  the municipal treasurer as provided in subsection (b)
    of Section 11-74.4-8 of this  Act  is  to  be  made  with
    respect  to  ad  valorem taxes levied in the twenty-third
    calendar year after  the  year  in  which  the  ordinance
    approving  the  redevelopment  project area is adopted if
    the ordinance was adopted on or after January  15,  1981,
    and  not  later than December 31 of the year in which the
    payment  to  the  municipal  treasurer  as  provided   in
    subsection  (b) of Section 11-74.4-8 of this Act is to be
    made with respect to  ad  valorem  taxes  levied  in  the
    thirty-fifth  calendar  year  after the year in which the
    ordinance approving the  redevelopment  project  area  is
    adopted:
              (A)  if   the   ordinance  was  adopted  before
         January 15, 1981, or
              (B)  if the ordinance was adopted  in  December
         1983, April 1984, July 1985, or December 1989, or
              (C)  if  the  ordinance was adopted in December
         1987 and the redevelopment project is located within
         one mile of Midway Airport, or
              (D)  if  the  ordinance  was   adopted   before
         January  1,  1987 by a municipality in Mason County,
         or
              (E)  if the  municipality  is  subject  to  the
         Local  Government Financial Planning and Supervision
         Act or the Financially Distressed City Law, or
              (F)  if the ordinance was adopted  in  December
         1984 by the Village of Rosemont, or
              (G)  if  the  ordinance was adopted on December
         31, 1986 by a municipality located in Clinton County
         for which at least $250,000 of tax  increment  bonds
         were   authorized  on  June  17,  1997,  or  if  the
         ordinance was adopted on  December  31,  1986  by  a
         municipality  with a population in 1990 of less than
         3,600 that is located in a county with a  population
         in  1990  of less than 34,000 and for which at least
         $250,000 of tax increment bonds were  authorized  on
         June 17, 1997, or
              (H)  if the ordinance was adopted on October 5,
         1982  by  the  City of Kankakee, or if the ordinance
         was adopted on December 29, 1986 by East St.  Louis,
         or
              (I)  if  the  ordinance was adopted on November
         12, 1991 by the Village of Sauget, or
              (J)  if the ordinance was adopted  on  February
         11, 1985 by the City of Rock Island, or
              (K)  if   the   ordinance  was  adopted  before
         December 18, 1986 by the City of Moline, or
              (L)  if the ordinance was adopted in  September
         1988 by Sauk Village, or
              (M)  if  the  ordinance  was adopted in October
         1993 by Sauk Village, or
              (N)  if the ordinance was adopted  on  December
         29, 1986 by the City of Galva, or
              (O)  if the ordinance was adopted in March 1991
         by the City of Centreville, or
              (P)  if  the  ordinance  was adopted on January
         23, 1991 by the City of East St. Louis, or
              (Q)  if the ordinance was adopted  on  December
         22, 1986 by the City of Aledo, or
              (R)  if  the  ordinance was adopted on February
         5, 1990 by the City of Clinton, or
              (S)  if the ordinance was adopted on  September
         6, 1994 by the City of Freeport, or
              (T)  if  the  ordinance was adopted on December
         22, 1986 by the City of Tuscola, or
              (U)  if the ordinance was adopted  on  December
         23, 1986 by the City of Sparta, or
              (V)  if  the  ordinance was adopted on December
         23, 1986 by the City of Beardstown, or
              (W)  if the ordinance was adopted on April  27,
         1981,  October 21, 1985, or December 30, 1986 by the
         City of Belleville, or
              (X)  if the ordinance was adopted  on  December
         29, 1986 by the City of Collinsville, or
              (Y)  if  the ordinance was adopted on September
         14, 1994 by the City of Alton, or
              (Z)  if the ordinance was adopted  on  November
         11, 1996 by the City of Lexington, or
              (AA)  if  the ordinance was adopted on November
         5, 1984 by the City of LeRoy, or
              (BB) if the ordinance was adopted on  April  3,
         1991 or June 3, 1992 by the City of Markham.
         However,  for  redevelopment project areas for which
    bonds were issued before July  29,  1991,  or  for  which
    contracts  were  entered  into  before  June  1, 1988, in
    connection with  a  redevelopment  project  in  the  area
    within  the State Sales Tax Boundary, the estimated dates
    of completion of the redevelopment project and retirement
    of obligations to finance redevelopment project costs may
    be  extended by municipal ordinance to December 31, 2013.
    The termination procedures of subsection (b)  of  Section
    11-74.4-8   are  not  required  for  these  redevelopment
    project areas in 2009  but  are  required  in  2013.  The
    extension  allowed  by  this amendatory Act of 1993 shall
    not apply  to  real  property  tax  increment  allocation
    financing under Section 11-74.4-8.
         A  municipality  may by municipal ordinance amend an
    existing redevelopment plan to conform to this  paragraph
    (3)  as  amended  by  Public  Act 91-478, which municipal
    ordinance may  be  adopted  without  further  hearing  or
    notice and without complying with the procedures provided
    in  this Act pertaining to an amendment to or the initial
    approval  of  a  redevelopment  plan  and   project   and
    designation of a redevelopment project area.
         Those  dates,  for  purposes  of  real  property tax
    increment  allocation  financing  pursuant   to   Section
    11-74.4-8  only,  shall  be  not  more  than 35 years for
    redevelopment project areas that were adopted on or after
    December 16, 1986 and for which at least $8 million worth
    of municipal bonds were authorized on or  after  December
    19,  1989  but  before January 1, 1990; provided that the
    municipality  elects  to   extend   the   life   of   the
    redevelopment project area to 35 years by the adoption of
    an ordinance after at least 14 but not more than 30 days'
    written notice to the taxing bodies, that would otherwise
    constitute  the  joint review board for the redevelopment
    project area, before the adoption of the ordinance.
         Those dates,  for  purposes  of  real  property  tax
    increment   allocation   financing  pursuant  to  Section
    11-74.4-8 only, shall be  not  more  than  35  years  for
    redevelopment  project  areas that were established on or
    after December 1, 1981 but before January 1, 1982 and for
    which at least $1,500,000 worth of tax increment  revenue
    bonds  were authorized on or after September 30, 1990 but
    before July  1,  1991;  provided  that  the  municipality
    elects  to  extend  the life of the redevelopment project
    area to 35 years by the adoption of an ordinance after at
    least 14 but not more than 30 days' written notice to the
    taxing bodies, that would otherwise constitute the  joint
    review  board  for the redevelopment project area, before
    the adoption of the ordinance.
         (3.5)  The municipality finds, in  the  case  of  an
    industrial   park   conservation   area,  also  that  the
    municipality is a labor surplus municipality and that the
    implementation of  the  redevelopment  plan  will  reduce
    unemployment, create new jobs and by the provision of new
    facilities  enhance  the tax base of the taxing districts
    that extend into the redevelopment project area.
         (4)  If any incremental revenues are being  utilized
    under   Section   8(a)(1)  or  8(a)(2)  of  this  Act  in
    redevelopment project areas approved by  ordinance  after
    January  1,  1986,  the  municipality finds: (a) that the
    redevelopment  project  area  would  not  reasonably   be
    developed  without  the use of such incremental revenues,
    and  (b)  that  such   incremental   revenues   will   be
    exclusively   utilized   for   the   development  of  the
    redevelopment project area.
         (5)  If the redevelopment plan will  not  result  in
    displacement  of  residents  from  10  or  more inhabited
    residential units, and the municipality certifies in  the
    plan  that  such  displacement  will  not result from the
    plan, a housing impact study need not be  performed.  If,
    however,  the  redevelopment  plan  would  result  in the
    displacement of  residents  from  10  or  more  inhabited
    residential  units,  or if the redevelopment project area
    contains 75 or more inhabited residential  units  and  no
    certification   is  made,  then  the  municipality  shall
    prepare, as  part  of  the  separate  feasibility  report
    required  by  subsection  (a)  of  Section  11-74.4-5,  a
    housing impact study.
         Part I of the housing impact study shall include (i)
    data  as  to  whether  the  residential  units are single
    family or multi-family units, (ii) the number and type of
    rooms within the units, if that information is available,
    (iii) whether the units are inhabited or uninhabited,  as
    determined not less than 45 days before the date that the
    ordinance  or  resolution  required  by subsection (a) of
    Section 11-74.4-5 is passed, and  (iv)  data  as  to  the
    racial  and  ethnic  composition  of the residents in the
    inhabited residential units.  The data requirement as  to
    the racial and ethnic composition of the residents in the
    inhabited  residential  units shall be deemed to be fully
    satisfied by data from the most recent federal census.
         Part II of the housing impact study  shall  identify
    the   inhabited   residential   units   in  the  proposed
    redevelopment project area that  are  to  be  or  may  be
    removed.   If  inhabited  residential  units  are  to  be
    removed, then the housing impact study shall identify (i)
    the  number  and location of those units that will or may
    be removed, (ii) the municipality's plans for  relocation
    assistance   for   those   residents   in   the  proposed
    redevelopment project area whose  residences  are  to  be
    removed,  (iii)  the  availability of replacement housing
    for those residents whose residences are to  be  removed,
    and  shall  identify  the type, location, and cost of the
    housing, and (iv)  the  type  and  extent  of  relocation
    assistance to be provided.
         (6)  On  and  after  November  1,  1999, the housing
    impact  study  required  by  paragraph   (5)   shall   be
    incorporated   in   the   redevelopment   plan   for  the
    redevelopment project area.
         (7)  On and after November 1, 1999, no redevelopment
    plan shall be adopted, nor an existing plan amended,  nor
    shall  residential housing that is occupied by households
    of low-income and very low-income  persons  in  currently
    existing  redevelopment  project  areas  be removed after
    November 1, 1999 unless the redevelopment plan  provides,
    with  respect  to  inhabited housing units that are to be
    removed for households of low-income and very  low-income
    persons, affordable housing and relocation assistance not
    less  than that which would be provided under the federal
    Uniform   Relocation   Assistance   and   Real   Property
    Acquisition Policies Act  of  1970  and  the  regulations
    under  that  Act,  including  the  eligibility  criteria.
    Affordable  housing  may  be  either  existing  or  newly
    constructed  housing. For purposes of this paragraph (7),
    "low-income households",  "very  low-income  households",
    and  "affordable  housing" have the meanings set forth in
    the Illinois Affordable  Housing  Act.  The  municipality
    shall  make  a  good  faith  effort  to  ensure that this
    affordable  housing   is   located   in   or   near   the
    redevelopment project area within the municipality.
         (8)  On  and  after  November 1, 1999, if, after the
    adoption of the redevelopment plan for the  redevelopment
    project  area,  any  municipality  desires  to  amend its
    redevelopment plan to remove more  inhabited  residential
    units  than specified in its original redevelopment plan,
    that  change  shall  be  made  in  accordance  with   the
    procedures in subsection (c) of Section 11-74.4-5.
         (9)  For   redevelopment  project  areas  designated
    prior to November 1, 1999, the redevelopment plan may  be
    amended  without  further  joint  review board meeting or
    hearing, provided that the municipality shall give notice
    of any such changes  by  mail  to  each  affected  taxing
    district and registrant on the interested party registry,
    to  authorize  the  municipality  to expend tax increment
    revenues  for  redevelopment  project  costs  defined  by
    paragraphs (5) and (7.5), subparagraphs (E)  and  (F)  of
    paragraph (11), and paragraph (11.5) of subsection (q) of
    Section 11-74.4-3, so long as the changes do not increase
    the  total  estimated redevelopment project costs set out
    in  the  redevelopment  plan  by  more  than   5%   after
    adjustment  for  inflation  from  the  date  the plan was
    adopted.
    (o)  "Redevelopment project" means any public and private
development project in furtherance of  the  objectives  of  a
redevelopment  plan.  On  and  after  November  1,  1999 (the
effective date of Public Act 91-478), no  redevelopment  plan
may  be  approved or amended that includes the development of
vacant land (i) with a golf course and related clubhouse  and
other  facilities  or  (ii)  designated  by  federal,  State,
county,  or  municipal  government as public land for outdoor
recreational activities or for nature preserves and used  for
that  purpose  within  5  years  prior to the adoption of the
redevelopment plan.  For the   purpose  of  this  subsection,
"recreational  activities"  is  limited  to  mean camping and
hunting.
    (p)  "Redevelopment   project   area"   means   an   area
designated by the municipality, which  is  not  less  in  the
aggregate  than  1  1/2  acres  and  in  respect to which the
municipality has made a finding that there  exist  conditions
which  cause  the area to be classified as an industrial park
conservation area or a blighted area or a conservation  area,
or  a  combination  of  both  blighted areas and conservation
areas.
    (q)  "Redevelopment project costs" mean and  include  the
sum  total  of  all reasonable or necessary costs incurred or
estimated to be incurred, and any such costs incidental to  a
redevelopment  plan  and a redevelopment project.  Such costs
include, without limitation, the following:
         (1)  Costs  of  studies,  surveys,  development   of
    plans,    and    specifications,    implementation    and
    administration  of  the  redevelopment plan including but
    not limited to staff and professional service  costs  for
    architectural, engineering, legal, financial, planning or
    other  services,  provided  however  that  no charges for
    professional services may be based on a percentage of the
    tax  increment  collected;  except  that  on  and   after
    November  1,  1999  (the  effective  date  of  Public Act
    91-478),  no   contracts   for   professional   services,
    excluding  architectural and engineering services, may be
    entered into if the terms of the contract extend beyond a
    period of 3 years.  In addition,  "redevelopment  project
    costs"   shall   not  include  lobbying  expenses.  After
    consultation with the municipality,  each  tax  increment
    consultant  or  advisor  to  a municipality that plans to
    designate or has designated a redevelopment project  area
    shall inform the municipality in writing of any contracts
    that  the  consultant  or  advisor  has entered into with
    entities  or  individuals  that  have  received,  or  are
    receiving, payments financed by  tax  increment  revenues
    produced  by  the redevelopment project area with respect
    to which the consultant or advisor has performed, or will
    be  performing,  service  for  the  municipality.    This
    requirement  shall  be  satisfied  by  the  consultant or
    advisor before  the  commencement  of  services  for  the
    municipality  and thereafter whenever any other contracts
    with those individuals or entities are  executed  by  the
    consultant or advisor;
         (1.5)  After  July  1,  1999,  annual administrative
    costs   shall   not   include   general    overhead    or
    administrative costs of the municipality that would still
    have   been   incurred   by   the   municipality  if  the
    municipality had not designated a  redevelopment  project
    area or approved a redevelopment plan;
         (1.6)  The   cost  of  marketing  sites  within  the
    redevelopment project  area  to  prospective  businesses,
    developers, and investors;
         (2)  Property  assembly  costs,  including  but  not
    limited  to  acquisition of land and other property, real
    or personal, or rights or interests  therein,  demolition
    of  buildings,  site  preparation, site improvements that
    serve as an engineered barrier addressing ground level or
    below ground environmental contamination, including,  but
    not limited to parking lots and other concrete or asphalt
    barriers, and the clearing and grading of land;
         (3)  Costs   of  rehabilitation,  reconstruction  or
    repair  or  remodeling  of  existing  public  or  private
    buildings, fixtures, and leasehold improvements; and  the
    cost of replacing an existing public building if pursuant
    to  the  implementation  of  a  redevelopment project the
    existing public building is to be demolished to  use  the
    site for private investment or devoted to a different use
    requiring private investment;
         (4)  Costs  of  the  construction of public works or
    improvements, except that on and after November 1,  1999,
    redevelopment project costs shall not include the cost of
    constructing  a new municipal public building principally
    used to provide offices,  storage  space,  or  conference
    facilities or vehicle storage, maintenance, or repair for
    administrative,  public safety, or public works personnel
    and that is not intended to replace  an  existing  public
    building  as  provided  under paragraph (3) of subsection
    (q)  of  Section  11-74.4-3   unless   either   (i)   the
    construction  of  the new municipal building implements a
    redevelopment   project   that   was   included   in    a
    redevelopment  plan  that was adopted by the municipality
    prior to November 1, 1999 or (ii) the municipality  makes
    a  reasonable  determination  in  the redevelopment plan,
    supported by information that provides the basis for that
    determination,  that  the  new  municipal   building   is
    required  to  meet  an  increase  in  the need for public
    safety  purposes   anticipated   to   result   from   the
    implementation of the redevelopment plan;
         (5)  Costs  of job training and retraining projects,
    including  the  cost  of  "welfare  to   work"   programs
    implemented    by    businesses    located   within   the
    redevelopment project area;
         (6)  Financing costs, including but not  limited  to
    all  necessary  and  incidental  expenses  related to the
    issuance of obligations and which may include payment  of
    interest  on  any  obligations issued hereunder including
    interest  accruing  during  the   estimated   period   of
    construction  of any redevelopment project for which such
    obligations are issued and for not  exceeding  36  months
    thereafter  and  including  reasonable  reserves  related
    thereto;
         (7)  To  the  extent  the  municipality  by  written
    agreement accepts and approves the same, all or a portion
    of  a  taxing district's capital costs resulting from the
    redevelopment  project  necessarily  incurred  or  to  be
    incurred within a taxing district in furtherance  of  the
    objectives of the redevelopment plan and project.
         (7.5)  For  redevelopment  project  areas designated
    (or  redevelopment  project  areas  amended  to  add   or
    increase  the  number of tax-increment-financing assisted
    housing  units)  on  or  after  November  1,   1999,   an
    elementary,   secondary,   or   unit   school  district's
    increased costs attributable to  assisted  housing  units
    located  within  the redevelopment project area for which
    the   developer   or   redeveloper   receives   financial
    assistance through an agreement with the municipality  or
    because  the  municipality  incurs  the cost of necessary
    infrastructure improvements within the boundaries of  the
    assisted  housing  sites  necessary for the completion of
    that housing as authorized by this Act, and  which  costs
    shall  be  paid  by the municipality from the Special Tax
    Allocation  Fund  when  the  tax  increment  revenue   is
    received  as  a  result of the assisted housing units and
    shall be calculated annually as follows:
              (A)  for foundation  districts,  excluding  any
         school  district in a municipality with a population
         in  excess  of   1,000,000,   by   multiplying   the
         district's increase in attendance resulting from the
         net increase in new students enrolled in that school
         district  who  reside  in  housing  units within the
         redevelopment  project  area  that   have   received
         financial  assistance  through an agreement with the
         municipality or because the municipality incurs  the
         cost of necessary infrastructure improvements within
         the  boundaries  of  the housing sites necessary for
         the completion of that housing as authorized by this
         Act  since  the  designation  of  the  redevelopment
         project area by  the  most  recently  available  per
         capita  tuition cost as defined in Section 10-20.12a
         of the School Code  less  any  increase  in  general
         State  aid  as  defined  in  Section  18-8.05 of the
         School Code attributable to these added new students
         subject to the following annual limitations:
                   (i)  for  unit  school  districts  with  a
              district average  1995-96  Per  Capita  Tuition
              Charge of less than $5,900, no more than 25% of
              the  total  amount  of  property  tax increment
              revenue produced by those  housing  units  that
              have  received tax increment finance assistance
              under this Act;
                   (ii)  for elementary school districts with
              a district average 1995-96 Per  Capita  Tuition
              Charge of less than $5,900, no more than 17% of
              the  total  amount  of  property  tax increment
              revenue produced by those  housing  units  that
              have  received tax increment finance assistance
              under this Act; and
                   (iii)  for secondary school districts with
              a district average 1995-96 Per  Capita  Tuition
              Charge  of less than $5,900, no more than 8% of
              the total  amount  of  property  tax  increment
              revenue  produced  by  those housing units that
              have received tax increment finance  assistance
              under this Act.
              (B)  For alternate method districts, flat grant
         districts,  and foundation districts with a district
         average 1995-96 Per Capita Tuition Charge  equal  to
         or  more  than $5,900, excluding any school district
         with  a  population  in  excess  of  1,000,000,   by
         multiplying  the  district's  increase in attendance
         resulting from the  net  increase  in  new  students
         enrolled  in  that  school  district  who  reside in
         housing units within the redevelopment project  area
         that  have  received financial assistance through an
         agreement  with  the  municipality  or  because  the
         municipality   incurs   the   cost   of    necessary
         infrastructure improvements within the boundaries of
         the  housing  sites  necessary for the completion of
         that housing as authorized by  this  Act  since  the
         designation of the redevelopment project area by the
         most  recently  available per capita tuition cost as
         defined in Section 10-20.12a of the School Code less
         any increase in general  state  aid  as  defined  in
         Section  18-8.05  of the School Code attributable to
         these added new students subject  to  the  following
         annual limitations:
                   (i)  for  unit  school  districts, no more
              than 40% of the total amount  of  property  tax
              increment  revenue  produced  by  those housing
              units that have received tax increment  finance
              assistance under this Act;
                   (ii)  for  elementary school districts, no
              more than 27% of the total amount  of  property
              tax increment revenue produced by those housing
              units  that have received tax increment finance
              assistance under this Act; and
                   (iii)  for secondary school districts,  no
              more  than  13% of the total amount of property
              tax increment revenue produced by those housing
              units that have received tax increment  finance
              assistance under this Act.
              (C)  For  any school district in a municipality
         with  a  population  in  excess  of  1,000,000,  the
         following   restrictions   shall   apply   to    the
         reimbursement   of   increased   costs   under  this
         paragraph (7.5):
                   (i)  no   increased   costs    shall    be
              reimbursed unless the school district certifies
              that  each  of  the  schools  affected  by  the
              assisted  housing  project  is  at  or over its
              student capacity;
                   (ii)  the amount  reimburseable  shall  be
              reduced by the value of any land donated to the
              school   district   by   the   municipality  or
              developer, and by the  value  of  any  physical
              improvements   made   to  the  schools  by  the
              municipality or developer; and
                   (iii)  the  amount  reimbursed   may   not
              affect amounts otherwise obligated by the terms
              of   any   bonds,   notes,   or  other  funding
              instruments, or the terms of any  redevelopment
              agreement.
         Any  school  district  seeking  payment  under  this
         paragraph  (7.5)  shall,  after  July  1  and before
         September 30 of each year, provide the  municipality
         with  reasonable  evidence  to support its claim for
         reimbursement  before  the  municipality  shall   be
         required  to  approve  or  make  the  payment to the
         school district.  If the school  district  fails  to
         provide  the  information  during this period in any
         year, it shall forfeit any  claim  to  reimbursement
         for   that  year.   School  districts  may  adopt  a
         resolution waiving the right to all or a portion  of
         the   reimbursement   otherwise   required  by  this
         paragraph   (7.5).    By    acceptance    of    this
         reimbursement  the  school district waives the right
         to directly or  indirectly  set  aside,  modify,  or
         contest  in  any  manner  the  establishment  of the
         redevelopment project area or projects;
         (8)  Relocation  costs  to   the   extent   that   a
    municipality  determines  that  relocation costs shall be
    paid or is required to make payment of  relocation  costs
    by   federal   or  State  law  or  in  order  to  satisfy
    subparagraph (7) of subsection (n);
         (9)  Payment in lieu of taxes;
         (10)  Costs of job  training,  retraining,  advanced
    vocational  education  or career education, including but
    not limited to courses in occupational, semi-technical or
    technical fields leading directly to employment, incurred
    by one or more taxing districts, provided that such costs
    (i) are related to the establishment and  maintenance  of
    additional job training, advanced vocational education or
    career  education  programs for persons employed or to be
    employed by employers located in a redevelopment  project
    area;  and  (ii)  when  incurred  by a taxing district or
    taxing districts other than  the  municipality,  are  set
    forth in a written agreement by or among the municipality
    and  the  taxing  district  or  taxing  districts,  which
    agreement   describes   the  program  to  be  undertaken,
    including but not limited to the number of  employees  to
    be trained, a description of the training and services to
    be  provided,  the number and type of positions available
    or to be available, itemized costs  of  the  program  and
    sources of funds to pay for the same, and the term of the
    agreement.  Such costs include, specifically, the payment
    by community  college  districts  of  costs  pursuant  to
    Sections  3-37,  3-38,  3-40  and  3-40.1  of  the Public
    Community College Act and by school  districts  of  costs
    pursuant to Sections 10-22.20a and 10-23.3a of The School
    Code;
         (11)  Interest   cost   incurred  by  a  redeveloper
    related to the construction, renovation or rehabilitation
    of a redevelopment project provided that:
              (A)  such costs are to be  paid  directly  from
         the special tax allocation fund established pursuant
         to this Act;
              (B)  such  payments  in  any  one  year may not
         exceed 30% of the annual interest costs incurred  by
         the  redeveloper  with  regard  to the redevelopment
         project during that year;
              (C)  if  there   are   not   sufficient   funds
         available in the special tax allocation fund to make
         the payment pursuant to this paragraph (11) then the
         amounts  so  due  shall  accrue  and be payable when
         sufficient funds are available in  the  special  tax
         allocation fund;
              (D)  the  total  of such interest payments paid
         pursuant to this Act may not exceed 30% of the total
         (i) cost paid or incurred by the redeveloper for the
         redevelopment  project   plus   (ii)   redevelopment
         project  costs excluding any property assembly costs
         and any relocation costs incurred by a  municipality
         pursuant to this Act; and
              (E)  the cost limits set forth in subparagraphs
         (B)  and (D) of paragraph (11) shall be modified for
         the financing of rehabilitated or new housing  units
         for   low-income   households  and  very  low-income
         households, as defined in Section 3 of the  Illinois
         Affordable Housing Act.  The percentage of 75% shall
         be  substituted for 30% in subparagraphs (B) and (D)
         of paragraph (11).
              (F)  Instead of the eligible costs provided  by
         subparagraphs  (B)  and  (D)  of  paragraph (11), as
         modified by this subparagraph,  and  notwithstanding
         any  other  provisions  of this Act to the contrary,
         the municipality may pay from tax increment revenues
         up to 50% of the cost of construction of new housing
         units to be occupied by  low-income  households  and
         very  low-income  households as defined in Section 3
         of the Illinois Affordable Housing Act.  The cost of
         construction of those units may be derived from  the
         proceeds  of  bonds issued by the municipality under
         this  Act  or  other  constitutional  or   statutory
         authority or from other sources of municipal revenue
         that  may  be reimbursed from tax increment revenues
         or the proceeds  of  bonds  issued  to  finance  the
         construction of that housing.
              The   eligible   costs   provided   under  this
         subparagraph (F)  of  paragraph  (11)  shall  be  an
         eligible  cost for the construction, renovation, and
         rehabilitation  of  all  low  and  very   low-income
         housing  units,  as  defined  in  Section  3  of the
         Illinois  Affordable   Housing   Act,   within   the
         redevelopment  project  area.   If  the low and very
         low-income  units  are   part   of   a   residential
         redevelopment   project   that  includes  units  not
         affordable to low and  very  low-income  households,
         only  the  low  and  very  low-income units shall be
         eligible for  benefits  under  subparagraph  (F)  of
         paragraph  (11).  The  standards for maintaining the
         occupancy  by   low-income   households   and   very
         low-income  households,  as  defined in Section 3 of
         the Illinois Affordable Housing Act, of those  units
         constructed with eligible costs made available under
         the provisions of this subparagraph (F) of paragraph
         (11)  shall  be established by guidelines adopted by
         the municipality.  The responsibility  for  annually
         documenting  the  initial  occupancy of the units by
         low-income   households    and    very    low-income
         households,  as defined in Section 3 of the Illinois
         Affordable Housing Act, shall be that  of  the  then
         current  owner of the property. For ownership units,
         the guidelines will provide, at  a  minimum,  for  a
         reasonable  recapture of funds, or other appropriate
         methods   designed   to   preserve   the    original
         affordability  of  the  ownership units.  For rental
         units, the guidelines will provide,  at  a  minimum,
         for  the  affordability  of  rent  to  low  and very
         low-income households.  As units  become  available,
         they shall be rented to income-eligible tenants. The
         municipality  may  modify these guidelines from time
         to time; the guidelines, however, shall be in effect
         for as long as tax increment revenue is  being  used
         to  pay  for  costs associated with the units or for
         the retirement of bonds issued to finance the  units
         or  for  the life of the redevelopment project area,
         whichever is later.
         (11.5)  If the redevelopment project area is located
    within a municipality with  a  population  of  more  than
    100,000,  the  cost  of day care services for children of
    employees from low-income families working for businesses
    located within the redevelopment project area and all  or
    a  portion  of  the cost of operation of day care centers
    established by redevelopment project area  businesses  to
    serve  employees  from  low-income  families  working  in
    businesses  located  in  the  redevelopment project area.
    For the purposes of this paragraph, "low-income families"
    means families whose annual income does not exceed 80% of
    the  municipal,  county,  or  regional   median   income,
    adjusted  for  family  size,  as  the  annual  income and
    municipal,  county,  or  regional   median   income   are
    determined  from  time  to  time  by  the  United  States
    Department of Housing and Urban Development.
         (12)  Unless  explicitly  stated  herein the cost of
    construction of new privately-owned buildings  shall  not
    be an eligible redevelopment project cost.
         (13)  After  November 1, 1999 (the effective date of
    Public Act 91-478), none  of  the  redevelopment  project
    costs  enumerated  in  this  subsection shall be eligible
    redevelopment project costs if those costs would  provide
    direct  financial  support  to a retail entity initiating
    operations  in  the  redevelopment  project  area   while
    terminating   operations  at  another  Illinois  location
    within 10 miles of the  redevelopment  project  area  but
    outside  the boundaries of the redevelopment project area
    municipality.    For   purposes   of   this    paragraph,
    termination means a closing of a retail operation that is
    directly  related to the opening of the same operation or
    like retail entity owned or operated by more than 50%  of
    the  original  ownership in a redevelopment project area,
    but it does not mean closing  an  operation  for  reasons
    beyond the control of the retail entity, as documented by
    the retail entity, subject to a reasonable finding by the
    municipality   that   the   current   location  contained
    inadequate space, had become  economically  obsolete,  or
    was  no  longer  a  viable  location  for the retailer or
    serviceman.
    If a special service area has been  established  pursuant
to  the  Special Service Area Tax Act or Special Service Area
Tax Law, then any tax increment revenues derived from the tax
imposed pursuant to the  Special  Service  Area  Tax  Act  or
Special   Service  Area  Tax  Law  may  be  used  within  the
redevelopment project area for the purposes permitted by that
Act or Law as well as the purposes permitted by this Act.
    (r)  "State Sales Tax Boundary" means  the  redevelopment
project  area  or  the  amended  redevelopment  project  area
boundaries which are determined pursuant to subsection (9) of
Section  11-74.4-8a  of  this Act.  The Department of Revenue
shall  certify  pursuant  to  subsection   (9)   of   Section
11-74.4-8a   the  appropriate  boundaries  eligible  for  the
determination of State Sales Tax Increment.
    (s)  "State Sales Tax Increment" means an amount equal to
the increase  in  the  aggregate  amount  of  taxes  paid  by
retailers and servicemen, other than retailers and servicemen
subject  to  the  Public  Utilities  Act,  on transactions at
places of business located within a State Sales Tax  Boundary
pursuant  to  the  Retailers' Occupation Tax Act, the Use Tax
Act, the Service Use Tax Act, and the Service Occupation  Tax
Act,  except  such portion of such increase that is paid into
the  State  and  Local  Sales  Tax  Reform  Fund,  the  Local
Government  Distributive  Fund,  the   Local  Government  Tax
Fund  and  the  County and Mass Transit District Fund, for as
long as  State  participation  exists,  over  and  above  the
Initial Sales Tax Amounts, Adjusted Initial Sales Tax Amounts
or  the  Revised  Initial Sales Tax Amounts for such taxes as
certified by the Department of Revenue and paid  under  those
Acts by retailers and servicemen on transactions at places of
business  located  within the State Sales Tax Boundary during
the base year which shall be the  calendar  year  immediately
prior  to  the  year  in  which  the municipality adopted tax
increment allocation financing, less  3.0%  of  such  amounts
generated  under  the  Retailers' Occupation Tax Act, Use Tax
Act and Service Use Tax Act and the  Service  Occupation  Tax
Act,  which  sum  shall  be appropriated to the Department of
Revenue to cover its costs  of  administering  and  enforcing
this  Section. For purposes of computing the aggregate amount
of such taxes for base years occurring  prior  to  1985,  the
Department  of  Revenue  shall  compute the Initial Sales Tax
Amount for such taxes and deduct therefrom an amount equal to
4% of the aggregate amount of taxes per year  for  each  year
the  base  year  is  prior to 1985, but not to exceed a total
deduction of 12%.  The amount so determined shall be known as
the "Adjusted Initial Sales  Tax  Amount".  For  purposes  of
determining  the  State Sales Tax Increment the Department of
Revenue shall for each period subtract from the  tax  amounts
received   from  retailers  and  servicemen  on  transactions
located in  the  State  Sales  Tax  Boundary,  the  certified
Initial Sales Tax Amounts, Adjusted Initial Sales Tax Amounts
or  Revised  Initial  Sales  Tax  Amounts  for the Retailers'
Occupation Tax Act, the Use Tax Act, the Service Use Tax  Act
and  the  Service  Occupation  Tax Act.  For the State Fiscal
Year 1989 this calculation shall be  made  by  utilizing  the
calendar year 1987 to determine the tax amounts received. For
the State Fiscal Year 1990, this calculation shall be made by
utilizing  the  period  from January 1, 1988, until September
30,  1988,  to  determine  the  tax  amounts  received   from
retailers and servicemen, which shall have deducted therefrom
nine-twelfths  of  the  certified  Initial Sales Tax Amounts,
Adjusted Initial Sales Tax Amounts  or  the  Revised  Initial
Sales  Tax  Amounts as appropriate. For the State Fiscal Year
1991, this calculation shall be made by utilizing the  period
from  October  1, 1988, until June 30, 1989, to determine the
tax amounts received from  retailers  and  servicemen,  which
shall  have deducted therefrom nine-twelfths of the certified
Initial State Sales Tax Amounts, Adjusted Initial  Sales  Tax
Amounts   or   the  Revised  Initial  Sales  Tax  Amounts  as
appropriate. For every  State  Fiscal  Year  thereafter,  the
applicable period shall be the 12 months beginning July 1 and
ending  on  June  30,  to  determine the tax amounts received
which shall have deducted  therefrom  the  certified  Initial
Sales  Tax Amounts, Adjusted Initial Sales Tax Amounts or the
Revised Initial Sales Tax Amounts.  Municipalities  intending
to  receive  a distribution of State Sales Tax Increment must
report a list of retailers to the Department  of  Revenue  by
October 31, 1988 and by July 31, of each year thereafter.
    (t)  "Taxing districts" means counties, townships, cities
and  incorporated  towns  and  villages,  school, road, park,
sanitary, mosquito abatement, forest preserve, public health,
fire protection, river conservancy,  tuberculosis  sanitarium
and  any  other  municipal corporations or districts with the
power to levy taxes.
    (u)  "Taxing districts' capital costs" means those  costs
of  taxing  districts for capital improvements that are found
by the municipal corporate authorities to  be  necessary  and
directly result from the redevelopment project.
    (v)  As  used  in  subsection (a) of Section 11-74.4-3 of
this Act, "vacant land" means any  parcel or  combination  of
parcels  of real property without industrial, commercial, and
residential buildings which has not been used for  commercial
agricultural purposes within 5 years prior to the designation
of  the  redevelopment  project  area,  unless  the parcel is
included in an  industrial  park  conservation  area  or  the
parcel  has  been subdivided; provided that if the parcel was
part of a larger tract that has been divided into 3  or  more
smaller  tracts  that  were accepted for recording during the
period from 1950 to 1990, then the parcel shall be deemed  to
have  been subdivided, and all proceedings and actions of the
municipality taken in that connection  with  respect  to  any
previously  approved or designated redevelopment project area
or amended redevelopment project area  are  hereby  validated
and hereby declared to be legally sufficient for all purposes
of  this  Act. For purposes of this Section and only for land
subject to the subdivision requirements of the Plat Act, land
is  subdivided  when  the  original  plat  of  the   proposed
Redevelopment  Project  Area  or relevant portion thereof has
been properly certified, acknowledged, approved, and recorded
or filed in accordance with the Plat Act  and  a  preliminary
plat,  if  any,  for  any  subsequent  phases of the proposed
Redevelopment Project Area or relevant  portion  thereof  has
been  properly  approved  and  filed  in  accordance with the
applicable ordinance of the municipality.
    (w)  "Annual Total  Increment"  means  the  sum  of  each
municipality's  annual  Net  Sales  Tax  Increment  and  each
municipality's  annual  Net Utility Tax Increment.  The ratio
of the Annual Total Increment of  each  municipality  to  the
Annual  Total  Increment  for  all  municipalities,  as  most
recently  calculated  by  the Department, shall determine the
proportional shares of the Illinois Tax Increment Fund to  be
distributed to each municipality.
(Source: P.A.  91-261,  eff.  7-23-99;  91-477, eff. 8-11-99;
91-478, eff. 11-1-99;  91-642,  eff.  8-20-99;  91-763,  eff.
6-9-00;  92-263,  eff.  8-7-01;  92-406, eff. 1-1-02; 92-624,
eff. 7-11-02; 92-651, eff. 7-11-02.)

    (65 ILCS 5/11-74.4-4) (from Ch. 24, par. 11-74.4-4)
    Sec.    11-74.4-4.  Municipal    powers    and    duties;
redevelopment project areas.  A municipality may:
    (a)  The changes made by this amendatory Act of the  91st
General  Assembly  do  not  apply to a municipality that, (i)
before the effective date of this amendatory Act of the  91st
General  Assembly,  has  adopted  an  ordinance or resolution
fixing a time and place for a public  hearing  under  Section
11-74.4-5  or  (ii)  before  July  1,  1999,  has  adopted an
ordinance or resolution providing  for  a  feasibility  study
under  Section  11-74.4-4.1,  but  has  not  yet  adopted  an
ordinance  approving  redevelopment  plans  and redevelopment
projects or designating  redevelopment  project  areas  under
this  Section,  until  after  that    municipality  adopts an
ordinance approving  redevelopment  plans  and  redevelopment
projects  or  designating  redevelopment  project areas under
this Section; thereafter the changes made by this  amendatory
Act  of  the  91st  General Assembly apply to the same extent
that they apply  to  redevelopment  plans  and  redevelopment
projects  that  were approved and redevelopment projects that
were designated before the effective date of this  amendatory
Act of the 91st General Assembly.
    By  ordinance  introduced  in  the  governing body of the
municipality within 14 to 90 days from the completion of  the
hearing  specified in Section 11-74.4-5 approve redevelopment
plans and redevelopment projects, and designate redevelopment
project areas pursuant to notice and hearing required by this
Act.  No  redevelopment  project  area  shall  be  designated
unless   a  plan  and  project  are  approved  prior  to  the
designation of such area and such  area  shall  include  only
those  contiguous  parcels  of real property and improvements
thereon substantially benefited by the proposed redevelopment
project improvements. Upon adoption of  the  ordinances,  the
municipality  shall forthwith transmit to the county clerk of
the county or counties within which the redevelopment project
area is located a certified copy of the ordinances,  a  legal
description  of  the redevelopment project area, a map of the
redevelopment project area, identification of the  year  that
the  county clerk shall use for determining the total initial
equalized assessed value of the  redevelopment  project  area
consistent  with  subsection  (a) of Section 11-74.4-9, and a
list of the parcel  or  tax  identification  number  of  each
parcel  of  property  included  in  the redevelopment project
area.
    (b)  Make and enter  into  all  contracts  with  property
owners,  developers,  tenants, overlapping taxing bodies, and
others necessary or  incidental  to  the  implementation  and
furtherance  of its redevelopment plan and project. Contracts
entered  into  on  or  after  the  effective  date  of   this
amendatory  Act  of the 93rd General Assembly shall terminate
no later than the last to occur of  the  estimated  dates  of
completion of the redevelopment project and retirement of the
obligations  issued to finance redevelopment project costs as
required by item (3) of subsection (n) of Section  11-74.4-3.
Payments   received  under  contracts  entered  into  by  the
municipality prior to the effective date of  this  amendatory
Act  of the 93rd General Assembly that are received after the
redevelopment project area has been terminated  by  municipal
ordinance  shall  be  deposited  into  a  special fund of the
municipality to be used  for  other  community  redevelopment
needs within the redevelopment project area.
    (c)  Within  a  redevelopment  project  area,  acquire by
purchase, donation, lease or  eminent  domain;  own,  convey,
lease,  mortgage  or dispose of land and other property, real
or personal, or rights or interests  therein,  and  grant  or
acquire licenses, easements and options with respect thereto,
all  in  the  manner  and  at  such  price  the  municipality
determines  is reasonably necessary to achieve the objectives
of the redevelopment plan and project. No conveyance,  lease,
mortgage,  disposition  of  land or other property owned by a
municipality, or agreement relating  to  the  development  of
such  municipal  property  shall  be  made  except  upon  the
adoption  of an ordinance by the corporate authorities of the
municipality. Furthermore, no conveyance, lease, mortgage, or
other  disposition  of  land  owned  by  a  municipality   or
agreement  relating  to  the  development  of  such municipal
property shall be made without making  public  disclosure  of
the  terms of the disposition and all bids and proposals made
in response to the municipality's  request.   The  procedures
for   obtaining   such   bids  and  proposals  shall  provide
reasonable opportunity for any person to  submit  alternative
proposals or bids.
    (d)  Within  a redevelopment project area, clear any area
by demolition  or  removal  of  any  existing  buildings  and
structures.
    (e)  Within  a  redevelopment  project  area, renovate or
rehabilitate or  construct  any  structure  or  building,  as
permitted under this Act.
    (f)  Install,  repair, construct, reconstruct or relocate
streets, utilities and site  improvements  essential  to  the
preparation  of  the redevelopment area for use in accordance
with a redevelopment plan.
    (g)  Within a redevelopment project area, fix, charge and
collect fees, rents and charges for the use of  any  building
or  property  owned  or  leased by it or any part thereof, or
facility therein.
    (h)  Accept grants, guarantees and donations of property,
labor, or other things of value  from  a  public  or  private
source for use within a project redevelopment area.
    (i)  Acquire  and  construct  public  facilities within a
redevelopment project area, as permitted under this Act.
    (j)  Incur  project  redevelopment  costs  and  reimburse
developers who incur redevelopment project  costs  authorized
by  a redevelopment agreement; provided, however, that on and
after the effective date of this amendatory Act of  the  91st
General  Assembly,  no municipality shall incur redevelopment
project costs  (except  for  planning  costs  and  any  other
eligible   costs   authorized   by   municipal  ordinance  or
resolution   that   are   subsequently   included   in    the
redevelopment  plan  for  the  area  and  are incurred by the
municipality after the ordinance or  resolution  is  adopted)
that  are  not  consistent with the program for accomplishing
the objectives of the redevelopment plan as included in  that
plan  and approved by the municipality until the municipality
has amended the redevelopment plan as provided  elsewhere  in
this Act.
    (k)  Create  a commission of not less than 5 or more than
15 persons to be appointed by the mayor or president  of  the
municipality   with  the  consent  of  the  majority  of  the
governing board of the municipality.  Members of a commission
appointed after the effective date of this amendatory Act  of
1987 shall be appointed for initial terms of 1, 2, 3, 4 and 5
years,  respectively,  in such numbers as to provide that the
terms of not more than 1/3 of all such members  shall  expire
in  any  one year.  Their successors shall be appointed for a
term of 5 years.  The commission, subject to approval of  the
corporate  authorities  may exercise the powers enumerated in
this Section. The commission shall also  have  the  power  to
hold  the  public hearings required by this division and make
recommendations to the corporate authorities  concerning  the
adoption  of  redevelopment plans, redevelopment projects and
designation of redevelopment project areas.
    (l)  Make payment in lieu of taxes or a  portion  thereof
to  taxing  districts.  If  payments  in  lieu  of taxes or a
portion thereof are made to taxing districts, those  payments
shall be made to all districts within a project redevelopment
area  on  a  basis  which  is  proportional  to  the  current
collections  of  revenue  which each taxing district receives
from real property in the redevelopment project area.
    (m)  Exercise any  and  all  other  powers  necessary  to
effectuate the purposes of this Act.
    (n)  If  any  member of the corporate authority, a member
of a commission established pursuant to Section  11-74.4-4(k)
of this Act, or an employee or consultant of the municipality
involved  in  the planning and preparation of a redevelopment
plan, or project for a redevelopment project area or proposed
redevelopment  project   area,   as   defined   in   Sections
11-74.4-3(i)  through  (k)  of  this Act, owns or controls an
interest, direct or indirect, in any property included in any
redevelopment area, or proposed redevelopment area, he or she
shall disclose the same  in  writing  to  the  clerk  of  the
municipality,  and shall also so disclose the dates and terms
and conditions of any disposition of any such interest, which
disclosures  shall   be   acknowledged   by   the   corporate
authorities   and  entered  upon  the  minute  books  of  the
corporate  authorities.   If  an  individual  holds  such  an
interest then that individual shall refrain from any  further
official  involvement  in  regard to such redevelopment plan,
project or area, from voting on any matter pertaining to such
redevelopment plan, project or area,  or  communicating  with
other members concerning corporate authorities, commission or
employees   concerning   any   matter   pertaining   to  said
redevelopment plan, project or area.   Furthermore,  no  such
member  or  employee shall acquire of any interest direct, or
indirect, in any property in a redevelopment area or proposed
redevelopment area after either (a) such  individual  obtains
knowledge  of  such plan, project or area or (b) first public
notice of such plan, project  or  area  pursuant  to  Section
11-74.4-6  of  this Division, whichever occurs first. For the
purposes of this subsection, a property interest acquired  in
a  single  parcel  of  property  by a member of the corporate
authority, which property is used exclusively as the member's
primary residence, shall  not  be  deemed  to  constitute  an
interest  in any property included in a redevelopment area or
proposed  redevelopment  area  that  was  established  before
December  31,  1989,  but  the  member  must   disclose   the
acquisition  to  the  municipal clerk under the provisions of
this subsection. For  the  purposes  of  this  subsection,  a
month-to-month  leasehold  interest  in  a  single  parcel of
property by a member of the corporate authority shall not  be
deemed to constitute an interest in any  property included in
any  redevelopment  area  or proposed redevelopment area, but
the member must disclose the interest to the municipal  clerk
under the provisions of this subsection.
    (o)  Create a Tax Increment Economic Development Advisory
Committee  to  be  appointed by the Mayor or President of the
municipality  with  the  consent  of  the  majority  of   the
governing  board  of  the  municipality, the members of which
Committee shall be appointed for initial terms of 1, 2, 3,  4
and  5 years respectively, in such numbers as to provide that
the terms of not more than 1/3  of  all  such  members  shall
expire  in any one year.  Their successors shall be appointed
for a term of 5 years.  The Committee shall have none of  the
powers enumerated in this Section.  The Committee shall serve
in  an  advisory capacity only.  The Committee may advise the
governing Board  of  the  municipality  and  other  municipal
officials  regarding  development  issues  and  opportunities
within  the redevelopment project area or the area within the
State Sales Tax Boundary. The Committee may also promote  and
publicize  development  opportunities  in  the  redevelopment
project area or the area within the State Sales Tax Boundary.
    (p)  Municipalities  may  jointly  undertake  and perform
redevelopment plans and projects and utilize  the  provisions
of  the  Act  wherever  they  have  contiguous  redevelopment
project  areas  or  they  determine  to  adopt  tax increment
financing with respect to a redevelopment project area  which
includes  contiguous  real  property within the boundaries of
the municipalities, and in doing so, they may,  by  agreement
between  municipalities,  issue  obligations,  separately  or
jointly,  and  expend  revenues  received  under  the Act for
eligible expenses anywhere  within  contiguous  redevelopment
project areas or as otherwise permitted in the Act.
    (q)  Utilize   revenues,   other  than  State  sales  tax
increment  revenues,  received  under  this  Act   from   one
redevelopment  project  area  for  eligible  costs in another
redevelopment project area that is either contiguous  to,  or
is  separated  only  by  a  public  right  of  way  from, the
redevelopment  project  area  from  which  the  revenues  are
received. Utilize tax increment revenues for  eligible  costs
that  are  received from a redevelopment project area created
under  the  Industrial  Jobs  Recovery  Law  that  is  either
contiguous to, or is separated only by a public right of  way
from,  the  redevelopment project area created under this Act
which initially receives these revenues.   Utilize  revenues,
other   than   State   sales   tax   increment  revenues,  by
transferring or loaning  such  revenues  to  a  redevelopment
project  area  created under the Industrial Jobs Recovery Law
that is either contiguous to, or separated only by  a  public
right  of  way  from  the  redevelopment  project  area  that
initially  produced  and received those revenues; and, if the
redevelopment project area (i)  was  established  before  the
effective  date  of  this  amendatory Act of the 91st General
Assembly and (ii) is located within  a  municipality  with  a
population of more than 100,000, utilize revenues or proceeds
of  obligations  authorized by Section 11-74.4-7 of this Act,
other than use or occupation tax revenues,  to  pay  for  any
redevelopment  project  costs as defined by subsection (q) of
Section  11-74.4-3  to  the  extent  that  the  redevelopment
project  costs  involve  public  property  that   is   either
contiguous  to,  or  separated  only by a public right of way
from,  a  redevelopment   project   area   whether   or   not
redevelopment  project costs or the source of payment for the
costs are specifically set forth in  the  redevelopment  plan
for the redevelopment project area.
    (r)  If  no redevelopment project has been initiated in a
redevelopment project area within 7 years after the area  was
designated   by   ordinance   under   subsection   (a),   the
municipality  shall  adopt  an ordinance repealing the area's
designation  as  a  redevelopment  project  area;   provided,
however, that if an area received its designation more than 3
years  before  the  effective  date of this amendatory Act of
1994 and no redevelopment project has been initiated within 4
years after the effective date  of  this  amendatory  Act  of
1994, the municipality shall adopt an ordinance repealing its
designation  as a redevelopment project area. Initiation of a
redevelopment project shall be evidenced by either  a  signed
redevelopment   agreement   or   expenditures   on   eligible
redevelopment  project  costs associated with a redevelopment
project.
(Source: P.A. 91-478, eff.  11-1-99;  91-642,  eff.  8-20-99;
92-16, eff. 6-28-01.)
    (65 ILCS 5/11-74.4-4.1)
    Sec. 11-74.4-4.1.  Feasibility study.
    (a)  If  a  municipality by its corporate authorities, or
as it  may  determine  by  any  commission  designated  under
subsection  (k)  of Section 11-74.4-4, adopts an ordinance or
resolution  providing  for  a  feasibility   study   on   the
designation  of  an  area  as a redevelopment project area, a
copy of the ordinance or resolution shall immediately be sent
to all  taxing  districts  that  would  be  affected  by  the
designation.
    On and after the effective date of this amendatory Act of
the  91st General Assembly, the ordinance or resolution shall
include:
         (1)  The boundaries of the area to  be  studied  for
    possible designation as a redevelopment project area.
         (2)  The   purpose   or  purposes  of  the  proposed
    redevelopment plan and project.
         (3)  A  general   description   of   tax   increment
    allocation financing under this Act.
         (4)  The  name,  phone  number,  and  address of the
    municipal officer who can  be  contacted  for  additional
    information about the proposed redevelopment project area
    and  who  should  receive  all  comments  and suggestions
    regarding the redevelopment of the area to be studied.
    (b)  If one of the purposes of the planned  redevelopment
project  area  should reasonably be expected to result in the
displacement  of  residents  from  10   or   more   inhabited
residential  units, the municipality shall adopt a resolution
or ordinance providing for the feasibility study described in
subsection (a).   The  ordinance  or  resolution  shall  also
require that the feasibility study include the preparation of
the  housing  impact  study  set  forth  in  paragraph (5) of
subsection (n) of Section  11-74.4-3.  If  the  redevelopment
plan  will not result in displacement of residents from 10 or
more  inhabited  residential  units,  and  the   municipality
certifies  in the plan that such displacement will not result
from the plan, then a resolution or  ordinance  need  not  be
adopted.
    (c)  As used in this Section, "feasibility study" means a
preliminary  report  to  assist  a  municipality to determine
whether  or  not  tax  increment  allocation   financing   is
appropriate   for   effective  redevelopment  of  a  proposed
redevelopment project area.
(Source: P.A. 91-478,  eff.  11-1-99;  92-263,  eff.  8-7-01;
92-624, eff. 7-11-02.)

    (65 ILCS 5/11-74.4-7) (from Ch. 24, par. 11-74.4-7)
    Sec.  11-74.4-7.  Obligations  secured by the special tax
allocation fund  set  forth  in  Section  11-74.4-8  for  the
redevelopment  project  area  may  be  issued  to provide for
redevelopment  project  costs.   Such  obligations,  when  so
issued, shall be  retired  in  the  manner  provided  in  the
ordinance authorizing the issuance of such obligations by the
receipts  of  taxes  levied as specified in Section 11-74.4-9
against  the  taxable  property  included  in  the  area,  by
revenues as specified by Section 11-74.4-8a and other revenue
designated by the municipality.  A municipality  may  in  the
ordinance  pledge  all  or any part of the funds in and to be
deposited in the special tax allocation fund created pursuant
to Section 11-74.4-8 to  the  payment  of  the  redevelopment
project  costs  and  obligations.  Any pledge of funds in the
special tax allocation fund shall provide for distribution to
the taxing  districts  and  to  the  Illinois  Department  of
Revenue  of  moneys  not  required,  pledged,  earmarked,  or
otherwise   designated   for  payment  and  securing  of  the
obligations and anticipated redevelopment project  costs  and
such  excess funds shall be calculated annually and deemed to
be "surplus" funds.  In the event a municipality only applies
or pledges  a  portion  of  the  funds  in  the  special  tax
allocation  fund  for  the payment or securing of anticipated
redevelopment project costs or of obligations, any such funds
remaining in the special tax allocation fund after  complying
with  the  requirements  of  the application or pledge, shall
also be calculated annually and deemed "surplus" funds.   All
surplus  funds  in  the  special tax allocation fund shall be
distributed annually within 180 days after the close  of  the
municipality's  fiscal  year  by  being paid by the municipal
treasurer to the  County  Collector,  to  the  Department  of
Revenue  and  to the municipality in direct proportion to the
tax incremental revenue received as a result of  an  increase
in   the   equalized   assessed  value  of  property  in  the
redevelopment project area, tax incremental revenue  received
from  the State and tax incremental revenue received from the
municipality, but not to exceed as to each  such  source  the
total  incremental  revenue  received  from  that source. The
County Collector shall thereafter make  distribution  to  the
respective taxing districts in the same manner and proportion
as  the  most  recent distribution by the county collector to
the affected districts  of  real  property  taxes  from  real
property in the redevelopment project area.
    Without  limiting  the  foregoing  in  this  Section, the
municipality may in addition  to obligations secured  by  the
special  tax  allocation fund pledge for a period not greater
than the term of the  obligations  towards  payment  of  such
obligations any part or any combination of the following: (a)
net revenues of all or part of any redevelopment project; (b)
taxes  levied  and  collected  on  any or all property in the
municipality;  (c)  the  full  faith  and   credit   of   the
municipality;   (d)   a  mortgage  on  part  or  all  of  the
redevelopment project; or (e) any other taxes or  anticipated
receipts that the municipality may lawfully pledge.
    Such  obligations  may  be  issued  in one or more series
bearing interest at such  rate  or  rates  as  the  corporate
authorities of the municipality shall determine by ordinance.
Such  obligations  shall  bear  such date or dates, mature at
such  time  or  times  not  exceeding  20  years  from  their
respective  dates,  be  in  such  denomination,  carry   such
registration  privileges,  be  executed  in  such  manner, be
payable in such medium of payment at such  place  or  places,
contain  such covenants, terms and conditions, and be subject
to redemption as such ordinance shall  provide.   Obligations
issued  pursuant to this Act may be sold at public or private
sale at such price as shall be determined  by  the  corporate
authorities of the municipalities.  No referendum approval of
the electors shall be required as a condition to the issuance
of  obligations  pursuant to this Division except as provided
in this Section.
    In the event  the  municipality  authorizes  issuance  of
obligations  pursuant  to  the  authority  of  this  Division
secured  by  the  full  faith and credit of the municipality,
which obligations are other than  obligations  which  may  be
issued  under  home  rule  powers  provided  by  Article VII,
Section 6 of the Illinois  Constitution,   or  pledges  taxes
pursuant  to  (b)  or  (c)  of  the  second paragraph of this
section, the  ordinance  authorizing  the  issuance  of  such
obligations  or pledging such taxes shall be published within
10 days after such ordinance has been passed in one  or  more
newspapers,    with    general    circulation   within   such
municipality. The  publication  of  the  ordinance  shall  be
accompanied  by a notice of (1) the specific number of voters
required to sign a petition requesting the  question  of  the
issuance   of  such  obligations  or  pledging  taxes  to  be
submitted to  the  electors;  (2)  the  time  in  which  such
petition  must  be filed; and (3) the date of the prospective
referendum.  The municipal clerk  shall  provide  a  petition
form to any individual requesting one.
    If  no  petition  is  filed  with the municipal clerk, as
hereinafter provided in this Section, within  30  days  after
the  publication  of the ordinance, the ordinance shall be in
effect.  But, if within that 30  day  period  a  petition  is
filed  with  the  municipal  clerk, signed by electors in the
municipality  numbering  10%  or  more  of  the   number   of
registered  voters  in  the  municipality,  asking  that  the
question  of  issuing obligations using full faith and credit
of the municipality as security for the cost  of  paying  for
redevelopment  project  costs,  or  of pledging taxes for the
payment of such obligations, or both,  be  submitted  to  the
electors  of  the  municipality, the corporate authorities of
the municipality shall call a special election in the  manner
provided by law to vote upon that question, or, if a general,
State  or municipal election is to be held within a period of
not less than 30 or more than  90 days  from  the  date  such
petition  is  filed,  shall  submit  the question at the next
general, State or municipal election.  If it appears upon the
canvass of the election by the corporate authorities  that  a
majority  of electors voting upon the question voted in favor
thereof, the ordinance shall be in effect, but if a  majority
of  the  electors  voting  upon the question are not in favor
thereof, the ordinance shall not take effect.
    The ordinance authorizing  the  obligations  may  provide
that  the  obligations  shall contain a recital that they are
issued pursuant to this  Division,  which  recital  shall  be
conclusive  evidence  of their validity and of the regularity
of their issuance.
    In the event  the  municipality  authorizes  issuance  of
obligations  pursuant  to  this  Section  secured by the full
faith  and  credit  of  the   municipality,   the   ordinance
authorizing  the  obligations  may  provide  for the levy and
collection of a direct annual tax upon all  taxable  property
within  the  municipality  sufficient  to  pay  the principal
thereof and interest thereon as it matures, which levy may be
in addition to and exclusive of  the  maximum  of  all  other
taxes  authorized  to  be  levied  by the municipality, which
levy, however, shall be abated to the extent that monies from
other sources are available for payment  of  the  obligations
and  the  municipality  certifies  the  amount of said monies
available to the county clerk.
    A certified copy of such ordinance shall  be  filed  with
the  county  clerk of each county in which any portion of the
municipality is situated, and shall constitute the  authority
for the extension and collection of the taxes to be deposited
in the special tax allocation fund.
    A  municipality  may also issue its obligations to refund
in whole or in part, obligations theretofore issued  by  such
municipality  under  the authority of this Act, whether at or
prior to maturity, provided however, that the  last  maturity
of the refunding obligations shall not be expressed to mature
later  than  December  31 of the year in which the payment to
the municipal treasurer as  provided  in  subsection  (b)  of
Section  11-74.4-8  of this Act is to be made with respect to
ad valorem taxes levied in  the  twenty-third  calendar  year
after   the   year  in  which  the  ordinance  approving  the
redevelopment project area is adopted if  the  ordinance  was
adopted  on  or  after  January  15, 1981, and not later than
December 31 of the year in which the payment to the municipal
treasurer as provided in subsection (b) of Section  11-74.4-8
of  this  Act  is to be made with respect to ad valorem taxes
levied in the thirty-fifth calendar year after  the  year  in
which  the ordinance approving the redevelopment project area
is adopted (A) if the ordinance was  adopted  before  January
15,  1981,  or  (B)  if the ordinance was adopted in December
1983, April 1984, July 1985, or December 1989, or (C) if  the
ordinance was adopted in December, 1987 and the redevelopment
project  is located within one mile of Midway Airport, or (D)
if the ordinance was adopted before  January  1,  1987  by  a
municipality  in  Mason County, or (E) if the municipality is
subject  to  the  Local  Government  Financial  Planning  and
Supervision Act or the Financially Distressed  City  Law,  or
(F)  if  the  ordinance  was  adopted in December 1984 by the
Village of Rosemont, or (G) if the ordinance was  adopted  on
December 31, 1986 by a municipality located in Clinton County
for  which  at  least  $250,000  of  tax increment bonds were
authorized on June 17, 1997, or if the ordinance was  adopted
on  December  31, 1986 by a municipality with a population in
1990 of less than 3,600 that is located in a  county  with  a
population in 1990 of less than 34,000 and for which at least
$250,000  of  tax increment bonds were authorized on June 17,
1997, or (H) if the ordinance was adopted on October 5,  1982
by  the City of Kankakee, or (I) if the ordinance was adopted
on December 29, 1986 by East St. Louis, or if  the  ordinance
was adopted on November 12, 1991 by the Village of Sauget, or
(J)  if the ordinance was adopted on February 11, 1985 by the
City of Rock Island, or (K)  if  the  ordinance  was  adopted
before December 18, 1986 by the City of Moline, or (L) if the
ordinance  was  adopted in September 1988 by Sauk Village, or
(M) if the ordinance was adopted  in  October  1993  by  Sauk
Village,  or (N) if the ordinance was adopted on December 29,
1986 by the City of  Galva,  or  (O)  if  the  ordinance  was
adopted  in  March 1991 by the City of Centreville, or (P) if
the ordinance was adopted on January 23, 1991 by the City  of
East  St.  Louis,  or  (Q)  if  the  ordinance was adopted on
December 22, 1986 by  the  City  of  Aledo,  or  (R)  if  the
ordinance  was  adopted  on  February  5, 1990 by the City of
Clinton, or (S) if the ordinance was adopted on September  6,
1994  by  the  City  of Freeport, or (T) if the ordinance was
adopted on December 22, 1986 by the City of Tuscola,  or  (U)
if the ordinance was adopted on December 23, 1986 by the City
of  Sparta,  or  (V) if the ordinance was adopted on December
23, 1986 by the City of Beardstown, or (W) if  the  ordinance
was  adopted on April 27, 1981, October 21, 1985, or December
30, 1986 by the City of Belleville, or (X) if  the  ordinance
was adopted on December 29, 1986 by the City of Collinsville,
or  (Y) if the ordinance was adopted on September 14, 1994 by
the City of Alton, or (Z) if the  ordinance  was  adopted  on
November  11,  1996  by the City of Lexington, or (AA) if the
ordinance was adopted on November 5,  1984  by  the  City  of
LeRoy,  or (BB) if the ordinance was adopted on April 3, 1991
or June 3, 1992 by the City of Markham and, for redevelopment
project areas for which bonds were  issued  before  July  29,
1991,  in connection with a redevelopment project in the area
within the State Sales Tax Boundary and which  were  extended
by  municipal  ordinance  under  subsection  (n)  of  Section
11-74.4-3,  the  last  maturity  of the refunding obligations
shall not be expressed to mature later than the date on which
the redevelopment project area is terminated or December  31,
2013, whichever date occurs first.
    In the event a municipality issues obligations under home
rule  powers  or  other legislative authority the proceeds of
which are pledged to pay for redevelopment project costs, the
municipality may,  if  it  has  followed  the  procedures  in
conformance  with this division, retire said obligations from
funds in the special tax allocation fund in  amounts  and  in
such  manner  as if such obligations had been issued pursuant
to the provisions of this division.
    All obligations heretofore or hereafter  issued  pursuant
to  this  Act  shall  not  be regarded as indebtedness of the
municipality issuing such obligations  or  any  other  taxing
district for the purpose of any limitation imposed by law.
(Source: P.A.  91-261,  eff.  7-23-99;  91-477, eff. 8-11-99;
91-478, eff. 11-1-99;  91-642,  eff.  8-20-99;  91-763,  eff.
6-9-00;  92-263,  eff.  8-7-01;  92-406, eff. 1-1-02; 92-624,
eff. 7-11-02; 92-651, eff. 7-11-02.)
    (65 ILCS 5/11-74.4-8) (from Ch. 24, par. 11-74.4-8)
    Sec.  11-74.4-8.  A  municipality  may  not   adopt   tax
increment financing in a redevelopment project area after the
effective  date  of  this  amendatory  Act  of 1997 that will
encompass an area that is currently included in an enterprise
zone created under the Illinois Enterprise  Zone  Act  unless
that  municipality,  pursuant  to Section 5.4 of the Illinois
Enterprise Zone Act, amends the enterprise  zone  designating
ordinance  to  limit  the  eligibility  for tax abatements as
provided in Section 5.4.1 of  the  Illinois  Enterprise  Zone
Act.    A  municipality,  at the time a redevelopment project
area  is  designated,  may  adopt  tax  increment  allocation
financing by passing  an  ordinance  providing  that  the  ad
valorem  taxes,  if any, arising from the levies upon taxable
real property in such redevelopment project  area  by  taxing
districts  and tax rates determined in the manner provided in
paragraph (c)  of  Section  11-74.4-9  each  year  after  the
effective  date  of the ordinance until redevelopment project
costs and all municipal obligations  financing  redevelopment
project  costs  incurred  under  this Division have been paid
shall be divided as follows:
    (a)  That portion of taxes levied upon each taxable  lot,
block, tract or parcel of real property which is attributable
to  the  lower of the current equalized assessed value or the
initial equalized assessed value of each  such  taxable  lot,
block,  tract or parcel of real property in the redevelopment
project area shall be allocated to and when  collected  shall
be  paid  by  the county collector to the respective affected
taxing districts in the manner required by law in the absence
of the adoption of tax increment allocation financing.
    (b)  Except from a tax levied by  a  township  to  retire
bonds  issued to satisfy court-ordered damages, that portion,
if any, of such taxes which is attributable to  the  increase
in  the  current equalized assessed valuation of each taxable
lot,  block,  tract  or  parcel  of  real  property  in   the
redevelopment   project  area  over  and  above  the  initial
equalized assessed value of each property in the project area
shall be allocated to and when collected shall be paid to the
municipal treasurer who  shall  deposit  said  taxes  into  a
special  fund  called  the special tax allocation fund of the
municipality for the purpose of paying redevelopment  project
costs and obligations incurred in the payment thereof. In any
county  with  a  population  of  3,000,000  or  more that has
adopted a procedure for collecting taxes  that  provides  for
one or more of the installments of the taxes to be billed and
collected  on  an  estimated  basis,  the municipal treasurer
shall be paid for deposit in the special tax allocation  fund
of  the municipality, from the taxes collected from estimated
bills issued for property in the redevelopment project  area,
the  difference  between  the  amount actually collected from
each taxable lot, block, tract, or parcel  of  real  property
within   the   redevelopment   project  area  and  an  amount
determined by multiplying the rate at which taxes  were  last
extended  against the taxable lot, block, track, or parcel of
real property in the manner provided  in  subsection  (c)  of
Section  11-74.4-9 by the initial equalized assessed value of
the property divided by the number of installments  in  which
real estate taxes are billed and collected within the county;
provided  that the payments on or before December 31, 1999 to
a municipal treasurer shall be  made  only  if  each  of  the
following conditions are met:
         (1)  The  total  equalized  assessed  value  of  the
    redevelopment  project  area  as  last determined was not
    less than 175% of the total  initial  equalized  assessed
    value.
         (2)  Not  more  than  50%  of  the  total  equalized
    assessed  value of the redevelopment project area as last
    determined  is  attributable  to  a  piece  of   property
    assigned a single real estate index number.
         (3)  The municipal clerk has certified to the county
    clerk that the municipality has issued its obligations to
    which  there  has  been  pledged the incremental property
    taxes of the redevelopment project area or  taxes  levied
    and  collected on any or all property in the municipality
    or the full faith and credit of the municipality  to  pay
    or   secure   payment   for  all  or  a  portion  of  the
    redevelopment project costs. The certification  shall  be
    filed   annually  no  later  than  September  1  for  the
    estimated taxes to be distributed in the following  year;
    however,  for  the  year  1992 the certification shall be
    made at any time on or before March 31, 1992.
         (4)  The municipality has  not  requested  that  the
    total  initial  equalized assessed value of real property
    be adjusted as provided  in  subsection  (b)  of  Section
    11-74.4-9.
The  conditions  of  paragraphs  (1) through (4) do not apply
after December 31, 1999 to payments to a municipal  treasurer
made  by a county with 3,000,000 or more inhabitants that has
adopted an estimated billing procedure for collecting  taxes.
If  a county that has adopted the estimated billing procedure
makes  an  erroneous  overpayment  of  tax  revenue  to   the
municipal  treasurer,  then  the  county may seek a refund of
that  overpayment.  The  county  shall  send  the   municipal
treasurer  a  notice  of  liability for the overpayment on or
before the mailing date of the  next  real  estate  tax  bill
within the county.  The refund shall be limited to the amount
of the overpayment.
    It  is  the  intent  of  this  Division  that  after  the
effective   date   of   this   amendatory   Act   of  1988  a
municipality's own ad valorem  tax  arising  from  levies  on
taxable  real  property  be  included in the determination of
incremental revenue in the manner provided in  paragraph  (c)
of  Section  11-74.4-9.  If  the municipality does not extend
such a tax, it shall annually deposit in  the  municipality's
Special  Tax  Increment  Fund  an  amount equal to 10% of the
total  contributions  to  the  fund  from  all  other  taxing
districts in that year.  The annual 10% deposit  required  by
this  paragraph  shall  be  limited  to  the actual amount of
municipally produced incremental tax  revenues  available  to
the  municipality from taxpayers located in the redevelopment
project area in that year if:  (a)  the  plan  for  the  area
restricts  the  use  of  the property primarily to industrial
purposes, (b) the municipality establishing the redevelopment
project area is a home-rule community with a 1990  population
of  between 25,000 and 50,000, (c) the municipality is wholly
located within a  county  with  a  1990  population  of  over
750,000   and   (d)   the   redevelopment  project  area  was
established by the municipality prior to June 1, 1990.   This
payment  shall  be  in  lieu  of a contribution of ad valorem
taxes on real property. If  no  such  payment  is  made,  any
redevelopment  project  area  of  the  municipality  shall be
dissolved.
    If a municipality has adopted  tax  increment  allocation
financing  by  ordinance  and  the  County  Clerk  thereafter
certifies  the  "total  initial  equalized  assessed value as
adjusted"  of  the  taxable   real   property   within   such
redevelopment   project   area  in  the  manner  provided  in
paragraph (b) of Section 11-74.4-9, each year after the  date
of  the certification of the total initial equalized assessed
value as adjusted until redevelopment project costs  and  all
municipal  obligations  financing redevelopment project costs
have been paid the ad valorem taxes, if any, arising from the
levies upon the taxable real property in  such  redevelopment
project  area by taxing districts and tax rates determined in
the manner provided in paragraph  (c)  of  Section  11-74.4-9
shall be divided as follows:
         (1)  That  portion  of  the  taxes  levied upon each
    taxable lot, block, tract  or  parcel  of  real  property
    which  is  attributable  to  the  lower  of  the  current
    equalized  assessed  value or "current equalized assessed
    value as adjusted"  or  the  initial  equalized  assessed
    value  of  each such taxable lot, block, tract, or parcel
    of real property  existing  at  the  time  tax  increment
    financing  was adopted, minus the total current homestead
    exemptions provided by Sections 15-170 and 15-175 of  the
    Property Tax Code in the redevelopment project area shall
    be  allocated  to and when collected shall be paid by the
    county  collector  to  the  respective  affected   taxing
    districts in the manner required by law in the absence of
    the adoption of tax increment allocation financing.
         (2)  That  portion,  if  any, of such taxes which is
    attributable to the increase  in  the  current  equalized
    assessed  valuation of each taxable lot, block, tract, or
    parcel of real  property  in  the  redevelopment  project
    area, over and above the initial equalized assessed value
    of  each  property  existing  at  the  time tax increment
    financing was adopted, minus the total current  homestead
    exemptions  pertaining to each piece of property provided
    by Sections 15-170 and 15-175 of the Property Tax Code in
    the redevelopment project area, shall be allocated to and
    when collected shall be paid to the municipal  Treasurer,
    who  shall  deposit said taxes into a special fund called
    the special tax allocation fund of the  municipality  for
    the  purpose  of  paying  redevelopment project costs and
    obligations incurred in the payment thereof.
    The municipality may pledge in the ordinance the funds in
and to be deposited in the special tax  allocation  fund  for
the  payment  of  such costs and obligations.  No part of the
current equalized assessed valuation of each property in  the
redevelopment project area attributable to any increase above
the  total  initial  equalized  assessed  value, or the total
initial  equalized  assessed  value  as  adjusted,  of   such
properties  shall  be  used  in calculating the general State
school aid formula, provided  for  in  Section  18-8  of  the
School  Code,  until  such  time as all redevelopment project
costs have been paid as provided for in this Section.
    Whenever a municipality issues bonds for the  purpose  of
financing  redevelopment project costs, such municipality may
provide by ordinance for the appointment of a trustee,  which
may  be  any  trust  company  within  the  State, and for the
establishment of such funds or accounts to be  maintained  by
such  trustee  as  the  municipality  shall deem necessary to
provide for the security and payment of the bonds.   If  such
municipality  provides for the appointment of a trustee, such
trustee shall be considered  the  assignee  of  any  payments
assigned  by  the municipality pursuant to such ordinance and
this Section.  Any amounts paid to such trustee  as  assignee
shall  be  deposited  in  the  funds  or accounts established
pursuant to such trust agreement, and shall be held  by  such
trustee in trust for the benefit of the holders of the bonds,
and such holders shall have a lien on and a security interest
in  such  funds  or  accounts  so  long  as  the bonds remain
outstanding and unpaid. Upon retirement  of  the  bonds,  the
trustee  shall  pay  over  any  excess  amounts  held  to the
municipality for deposit in the special tax allocation fund.
    When such redevelopment projects costs, including without
limitation all municipal obligations financing  redevelopment
project  costs  incurred under this Division, have been paid,
all  surplus  funds  then  remaining  in  the   special   tax
allocation  fund  shall  be  distributed by being paid by the
municipal  treasurer  to  the  Department  of  Revenue,   the
municipality   and   the   county  collector;  first  to  the
Department  of  Revenue  and  the  municipality   in   direct
proportion  to  the tax incremental revenue received from the
State and the municipality,  but  not  to  exceed  the  total
incremental   revenue   received   from   the  State  or  the
municipality  less  any  annual   surplus   distribution   of
incremental revenue previously made; with any remaining funds
to  be  paid  to  the  County Collector who shall immediately
thereafter pay said funds to  the  taxing  districts  in  the
redevelopment  project area in the same manner and proportion
as the most recent distribution by the  county  collector  to
the  affected  districts  of  real  property  taxes from real
property in the redevelopment project area.
    Upon the payment of all redevelopment project costs,  the
retirement of obligations, and the distribution of any excess
monies  pursuant  to  this  Section, and final closing of the
books and records of  the  redevelopment  project  area,  the
municipality  shall adopt an ordinance dissolving the special
tax allocation fund for the redevelopment  project  area  and
terminating the designation of the redevelopment project area
as  a  redevelopment  project area. Title to real or personal
property and public  improvements  acquired  by  or  for  the
municipality  as  a  result  of the redevelopment project and
plan shall vest in the municipality when acquired  and  shall
continue   to   be   held   by  the  municipality  after  the
redevelopment   project    area    has    been    terminated.
Municipalities  shall  notify affected taxing districts prior
to November 1 if the redevelopment  project  area  is  to  be
terminated   by   December  31  of  that  same  year.   If  a
municipality extends  estimated  dates  of  completion  of  a
redevelopment   project  and  retirement  of  obligations  to
finance  a  redevelopment  project,  as   allowed   by   this
amendatory  Act  of 1993, that extension shall not extend the
property tax increment  allocation  financing  authorized  by
this  Section.   Thereafter the rates of the taxing districts
shall be extended and taxes levied, collected and distributed
in the manner applicable in the absence of  the  adoption  of
tax increment allocation financing.
    Nothing  in  this Section shall be construed as relieving
property in  such  redevelopment  project  areas  from  being
assessed as provided in the Property Tax Code or as relieving
owners  of such property from paying a uniform rate of taxes,
as required by  Section  4  of  Article  9  of  the  Illinois
Constitution.
(Source: P.A.  91-190,  eff.  7-20-99;  91-478, eff. 11-1-99;
92-16, eff. 6-28-01.)

    (65 ILCS 5/11-74.4-10) (from Ch. 24, par. 11-74.4-10)
    Sec. 11-74.4-10.  Revenues received by  the  municipality
from  any  property,  building  or  facility owned, leased or
operated by the  municipality  or  any  agency  or  authority
established by the municipality, or from repayments of loans,
may  be  used  to  pay redevelopment project costs, or reduce
outstanding obligations of the  municipality  incurred  under
this   Division   for   redevelopment   project  costs.   The
municipality may place  such  revenues  in  the  special  tax
allocation   fund  which  shall  be  held  by  the  municipal
treasurer or other person  designated  by  the  municipality.
Revenue  received  by the municipality from the sale or other
disposition of real property  acquired  by  the  municipality
with  the  proceeds  of  obligations  funded by tax increment
allocation financing shall be deposited by  the  municipality
in the special tax allocation fund.
(Source: P.A. 79-1525.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.