Sen. Ann Gillespie

Filed: 4/14/2021

 

 


 

 


 
10200SB1140sam001LRB102 04967 HLH 24906 a

1
AMENDMENT TO SENATE BILL 1140

2    AMENDMENT NO. ______. Amend Senate Bill 1140 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Property Tax Code is amended by changing
5Section 18-185 as follows:
 
6    (35 ILCS 200/18-185)
7    Sec. 18-185. Short title; definitions. This Division 5
8may be cited as the Property Tax Extension Limitation Law. As
9used in this Division 5:
10    "Consumer Price Index" means the Consumer Price Index for
11All Urban Consumers for all items published by the United
12States Department of Labor.
13    "Extension limitation" means (a) the lesser of 5% or the
14percentage increase in the Consumer Price Index during the
1512-month calendar year preceding the levy year or (b) the rate
16of increase approved by voters under Section 18-205.

 

 

10200SB1140sam001- 2 -LRB102 04967 HLH 24906 a

1    "Affected county" means a county of 3,000,000 or more
2inhabitants or a county contiguous to a county of 3,000,000 or
3more inhabitants.
4    "Taxing district" has the same meaning provided in Section
51-150, except as otherwise provided in this Section. For the
61991 through 1994 levy years only, "taxing district" includes
7only each non-home rule taxing district having the majority of
8its 1990 equalized assessed value within any county or
9counties contiguous to a county with 3,000,000 or more
10inhabitants. Beginning with the 1995 levy year, "taxing
11district" includes only each non-home rule taxing district
12subject to this Law before the 1995 levy year and each non-home
13rule taxing district not subject to this Law before the 1995
14levy year having the majority of its 1994 equalized assessed
15value in an affected county or counties. Beginning with the
16levy year in which this Law becomes applicable to a taxing
17district as provided in Section 18-213, "taxing district" also
18includes those taxing districts made subject to this Law as
19provided in Section 18-213.
20    "Aggregate extension" for taxing districts to which this
21Law applied before the 1995 levy year means the annual
22corporate extension for the taxing district and those special
23purpose extensions that are made annually for the taxing
24district, excluding special purpose extensions: (a) made for
25the taxing district to pay interest or principal on general
26obligation bonds that were approved by referendum; (b) made

 

 

10200SB1140sam001- 3 -LRB102 04967 HLH 24906 a

1for any taxing district to pay interest or principal on
2general obligation bonds issued before October 1, 1991; (c)
3made for any taxing district to pay interest or principal on
4bonds issued to refund or continue to refund those bonds
5issued before October 1, 1991; (d) made for any taxing
6district to pay interest or principal on bonds issued to
7refund or continue to refund bonds issued after October 1,
81991 that were approved by referendum; (e) made for any taxing
9district to pay interest or principal on revenue bonds issued
10before October 1, 1991 for payment of which a property tax levy
11or the full faith and credit of the unit of local government is
12pledged; however, a tax for the payment of interest or
13principal on those bonds shall be made only after the
14governing body of the unit of local government finds that all
15other sources for payment are insufficient to make those
16payments; (f) made for payments under a building commission
17lease when the lease payments are for the retirement of bonds
18issued by the commission before October 1, 1991, to pay for the
19building project; (g) made for payments due under installment
20contracts entered into before October 1, 1991; (h) made for
21payments of principal and interest on bonds issued under the
22Metropolitan Water Reclamation District Act to finance
23construction projects initiated before October 1, 1991; (i)
24made for payments of principal and interest on limited bonds,
25as defined in Section 3 of the Local Government Debt Reform
26Act, in an amount not to exceed the debt service extension base

 

 

10200SB1140sam001- 4 -LRB102 04967 HLH 24906 a

1less the amount in items (b), (c), (e), and (h) of this
2definition for non-referendum obligations, except obligations
3initially issued pursuant to referendum; (j) made for payments
4of principal and interest on bonds issued under Section 15 of
5the Local Government Debt Reform Act; (k) made by a school
6district that participates in the Special Education District
7of Lake County, created by special education joint agreement
8under Section 10-22.31 of the School Code, for payment of the
9school district's share of the amounts required to be
10contributed by the Special Education District of Lake County
11to the Illinois Municipal Retirement Fund under Article 7 of
12the Illinois Pension Code; the amount of any extension under
13this item (k) shall be certified by the school district to the
14county clerk; (l) made to fund expenses of providing joint
15recreational programs for persons with disabilities under
16Section 5-8 of the Park District Code or Section 11-95-14 of
17the Illinois Municipal Code; (m) made for temporary relocation
18loan repayment purposes pursuant to Sections 2-3.77 and
1917-2.2d of the School Code; (n) made for payment of principal
20and interest on any bonds issued under the authority of
21Section 17-2.2d of the School Code; (o) made for contributions
22to a firefighter's pension fund created under Article 4 of the
23Illinois Pension Code, to the extent of the amount certified
24under item (5) of Section 4-134 of the Illinois Pension Code;
25and (p) made for road purposes in the first year after a
26township assumes the rights, powers, duties, assets, property,

 

 

10200SB1140sam001- 5 -LRB102 04967 HLH 24906 a

1liabilities, obligations, and responsibilities of a road
2district abolished under the provisions of Section 6-133 of
3the Illinois Highway Code.
4    "Aggregate extension" for the taxing districts to which
5this Law did not apply before the 1995 levy year (except taxing
6districts subject to this Law in accordance with Section
718-213) means the annual corporate extension for the taxing
8district and those special purpose extensions that are made
9annually for the taxing district, excluding special purpose
10extensions: (a) made for the taxing district to pay interest
11or principal on general obligation bonds that were approved by
12referendum; (b) made for any taxing district to pay interest
13or principal on general obligation bonds issued before March
141, 1995; (c) made for any taxing district to pay interest or
15principal on bonds issued to refund or continue to refund
16those bonds issued before March 1, 1995; (d) made for any
17taxing district to pay interest or principal on bonds issued
18to refund or continue to refund bonds issued after March 1,
191995 that were approved by referendum; (e) made for any taxing
20district to pay interest or principal on revenue bonds issued
21before March 1, 1995 for payment of which a property tax levy
22or the full faith and credit of the unit of local government is
23pledged; however, a tax for the payment of interest or
24principal on those bonds shall be made only after the
25governing body of the unit of local government finds that all
26other sources for payment are insufficient to make those

 

 

10200SB1140sam001- 6 -LRB102 04967 HLH 24906 a

1payments; (f) made for payments under a building commission
2lease when the lease payments are for the retirement of bonds
3issued by the commission before March 1, 1995 to pay for the
4building project; (g) made for payments due under installment
5contracts entered into before March 1, 1995; (h) made for
6payments of principal and interest on bonds issued under the
7Metropolitan Water Reclamation District Act to finance
8construction projects initiated before October 1, 1991; (h-4)
9made for stormwater management purposes by the Metropolitan
10Water Reclamation District of Greater Chicago under Section 12
11of the Metropolitan Water Reclamation District Act; (i) made
12for payments of principal and interest on limited bonds, as
13defined in Section 3 of the Local Government Debt Reform Act,
14in an amount not to exceed the debt service extension base less
15the amount in items (b), (c), and (e) of this definition for
16non-referendum obligations, except obligations initially
17issued pursuant to referendum and bonds described in
18subsection (h) of this definition; (j) made for payments of
19principal and interest on bonds issued under Section 15 of the
20Local Government Debt Reform Act; (k) made for payments of
21principal and interest on bonds authorized by Public Act
2288-503 and issued under Section 20a of the Chicago Park
23District Act for aquarium or museum projects; (l) made for
24payments of principal and interest on bonds authorized by
25Public Act 87-1191 or 93-601 and (i) issued pursuant to
26Section 21.2 of the Cook County Forest Preserve District Act,

 

 

10200SB1140sam001- 7 -LRB102 04967 HLH 24906 a

1(ii) issued under Section 42 of the Cook County Forest
2Preserve District Act for zoological park projects, or (iii)
3issued under Section 44.1 of the Cook County Forest Preserve
4District Act for botanical gardens projects; (m) made pursuant
5to Section 34-53.5 of the School Code, whether levied annually
6or not; (n) made to fund expenses of providing joint
7recreational programs for persons with disabilities under
8Section 5-8 of the Park District Code or Section 11-95-14 of
9the Illinois Municipal Code; (o) made by the Chicago Park
10District for recreational programs for persons with
11disabilities under subsection (c) of Section 7.06 of the
12Chicago Park District Act; (p) made for contributions to a
13firefighter's pension fund created under Article 4 of the
14Illinois Pension Code, to the extent of the amount certified
15under item (5) of Section 4-134 of the Illinois Pension Code;
16(q) made by Ford Heights School District 169 under Section
1717-9.02 of the School Code; and (r) made for the purpose of
18making employer contributions to the Public School Teachers'
19Pension and Retirement Fund of Chicago under Section 34-53 of
20the School Code.
21    "Aggregate extension" for all taxing districts to which
22this Law applies in accordance with Section 18-213, except for
23those taxing districts subject to paragraph (2) of subsection
24(e) of Section 18-213, means the annual corporate extension
25for the taxing district and those special purpose extensions
26that are made annually for the taxing district, excluding

 

 

10200SB1140sam001- 8 -LRB102 04967 HLH 24906 a

1special purpose extensions: (a) made for the taxing district
2to pay interest or principal on general obligation bonds that
3were approved by referendum; (b) made for any taxing district
4to pay interest or principal on general obligation bonds
5issued before the date on which the referendum making this Law
6applicable to the taxing district is held; (c) made for any
7taxing district to pay interest or principal on bonds issued
8to refund or continue to refund those bonds issued before the
9date on which the referendum making this Law applicable to the
10taxing district is held; (d) made for any taxing district to
11pay interest or principal on bonds issued to refund or
12continue to refund bonds issued after the date on which the
13referendum making this Law applicable to the taxing district
14is held if the bonds were approved by referendum after the date
15on which the referendum making this Law applicable to the
16taxing district is held; (e) made for any taxing district to
17pay interest or principal on revenue bonds issued before the
18date on which the referendum making this Law applicable to the
19taxing district is held for payment of which a property tax
20levy or the full faith and credit of the unit of local
21government is pledged; however, a tax for the payment of
22interest or principal on those bonds shall be made only after
23the governing body of the unit of local government finds that
24all other sources for payment are insufficient to make those
25payments; (f) made for payments under a building commission
26lease when the lease payments are for the retirement of bonds

 

 

10200SB1140sam001- 9 -LRB102 04967 HLH 24906 a

1issued by the commission before the date on which the
2referendum making this Law applicable to the taxing district
3is held to pay for the building project; (g) made for payments
4due under installment contracts entered into before the date
5on which the referendum making this Law applicable to the
6taxing district is held; (h) made for payments of principal
7and interest on limited bonds, as defined in Section 3 of the
8Local Government Debt Reform Act, in an amount not to exceed
9the debt service extension base less the amount in items (b),
10(c), and (e) of this definition for non-referendum
11obligations, except obligations initially issued pursuant to
12referendum; (i) made for payments of principal and interest on
13bonds issued under Section 15 of the Local Government Debt
14Reform Act; (j) made for a qualified airport authority to pay
15interest or principal on general obligation bonds issued for
16the purpose of paying obligations due under, or financing
17airport facilities required to be acquired, constructed,
18installed or equipped pursuant to, contracts entered into
19before March 1, 1996 (but not including any amendments to such
20a contract taking effect on or after that date); (k) made to
21fund expenses of providing joint recreational programs for
22persons with disabilities under Section 5-8 of the Park
23District Code or Section 11-95-14 of the Illinois Municipal
24Code; (l) made for contributions to a firefighter's pension
25fund created under Article 4 of the Illinois Pension Code, to
26the extent of the amount certified under item (5) of Section

 

 

10200SB1140sam001- 10 -LRB102 04967 HLH 24906 a

14-134 of the Illinois Pension Code; and (m) made for the taxing
2district to pay interest or principal on general obligation
3bonds issued pursuant to Section 19-3.10 of the School Code.
4    "Aggregate extension" for all taxing districts to which
5this Law applies in accordance with paragraph (2) of
6subsection (e) of Section 18-213 means the annual corporate
7extension for the taxing district and those special purpose
8extensions that are made annually for the taxing district,
9excluding special purpose extensions: (a) made for the taxing
10district to pay interest or principal on general obligation
11bonds that were approved by referendum; (b) made for any
12taxing district to pay interest or principal on general
13obligation bonds issued before March 7, 1997 (the effective
14date of Public Act 89-718) this amendatory Act of 1997; (c)
15made for any taxing district to pay interest or principal on
16bonds issued to refund or continue to refund those bonds
17issued before March 7, 1997 (the effective date of Public Act
1889-718) this amendatory Act of 1997; (d) made for any taxing
19district to pay interest or principal on bonds issued to
20refund or continue to refund bonds issued after March 7, 1997
21(the effective date of Public Act 89-718) this amendatory Act
22of 1997 if the bonds were approved by referendum after March 7,
231997 (the effective date of Public Act 89-718) this amendatory
24Act of 1997; (e) made for any taxing district to pay interest
25or principal on revenue bonds issued before March 7, 1997 (the
26effective date of Public Act 89-718) this amendatory Act of

 

 

10200SB1140sam001- 11 -LRB102 04967 HLH 24906 a

11997 for payment of which a property tax levy or the full faith
2and credit of the unit of local government is pledged;
3however, a tax for the payment of interest or principal on
4those bonds shall be made only after the governing body of the
5unit of local government finds that all other sources for
6payment are insufficient to make those payments; (f) made for
7payments under a building commission lease when the lease
8payments are for the retirement of bonds issued by the
9commission before March 7, 1997 (the effective date of Public
10Act 89-718) this amendatory Act of 1997 to pay for the building
11project; (g) made for payments due under installment contracts
12entered into before March 7, 1997 (the effective date of
13Public Act 89-718) this amendatory Act of 1997; (h) made for
14payments of principal and interest on limited bonds, as
15defined in Section 3 of the Local Government Debt Reform Act,
16in an amount not to exceed the debt service extension base less
17the amount in items (b), (c), and (e) of this definition for
18non-referendum obligations, except obligations initially
19issued pursuant to referendum; (i) made for payments of
20principal and interest on bonds issued under Section 15 of the
21Local Government Debt Reform Act; (j) made for a qualified
22airport authority to pay interest or principal on general
23obligation bonds issued for the purpose of paying obligations
24due under, or financing airport facilities required to be
25acquired, constructed, installed or equipped pursuant to,
26contracts entered into before March 1, 1996 (but not including

 

 

10200SB1140sam001- 12 -LRB102 04967 HLH 24906 a

1any amendments to such a contract taking effect on or after
2that date); (k) made to fund expenses of providing joint
3recreational programs for persons with disabilities under
4Section 5-8 of the Park District Code or Section 11-95-14 of
5the Illinois Municipal Code; and (l) made for contributions to
6a firefighter's pension fund created under Article 4 of the
7Illinois Pension Code, to the extent of the amount certified
8under item (5) of Section 4-134 of the Illinois Pension Code.
9    "Debt service extension base" means an amount equal to
10that portion of the extension for a taxing district for the
111994 levy year, or for those taxing districts subject to this
12Law in accordance with Section 18-213, except for those
13subject to paragraph (2) of subsection (e) of Section 18-213,
14for the levy year in which the referendum making this Law
15applicable to the taxing district is held, or for those taxing
16districts subject to this Law in accordance with paragraph (2)
17of subsection (e) of Section 18-213 for the 1996 levy year,
18constituting an extension for payment of principal and
19interest on bonds issued by the taxing district without
20referendum, but not including excluded non-referendum bonds.
21For park districts (i) that were first subject to this Law in
221991 or 1995 and (ii) whose extension for the 1994 levy year
23for the payment of principal and interest on bonds issued by
24the park district without referendum (but not including
25excluded non-referendum bonds) was less than 51% of the amount
26for the 1991 levy year constituting an extension for payment

 

 

10200SB1140sam001- 13 -LRB102 04967 HLH 24906 a

1of principal and interest on bonds issued by the park district
2without referendum (but not including excluded non-referendum
3bonds), "debt service extension base" means an amount equal to
4that portion of the extension for the 1991 levy year
5constituting an extension for payment of principal and
6interest on bonds issued by the park district without
7referendum (but not including excluded non-referendum bonds).
8A debt service extension base established or increased at any
9time pursuant to any provision of this Law, except Section
1018-212, shall be increased each year commencing with the later
11of (i) the 2009 levy year or (ii) the first levy year in which
12this Law becomes applicable to the taxing district, by the
13lesser of 5% or the percentage increase in the Consumer Price
14Index during the 12-month calendar year preceding the levy
15year. The debt service extension base may be established or
16increased as provided under Section 18-212. "Excluded
17non-referendum bonds" means (i) bonds authorized by Public Act
1888-503 and issued under Section 20a of the Chicago Park
19District Act for aquarium and museum projects; (ii) bonds
20issued under Section 15 of the Local Government Debt Reform
21Act; or (iii) refunding obligations issued to refund or to
22continue to refund obligations initially issued pursuant to
23referendum.
24    "Special purpose extensions" include, but are not limited
25to, extensions for levies made on an annual basis for
26unemployment and workers' compensation, self-insurance,

 

 

10200SB1140sam001- 14 -LRB102 04967 HLH 24906 a

1contributions to pension plans, and extensions made pursuant
2to Section 6-601 of the Illinois Highway Code for a road
3district's permanent road fund whether levied annually or not.
4The extension for a special service area is not included in the
5aggregate extension.
6    "Aggregate extension base" means, for levy years prior to
72022, the taxing district's last preceding aggregate extension
8as adjusted under Sections 18-135, 18-215, 18-230, and 18-206.
9For levy years 2022 and later, the greater of (A) the taxing
10district's last preceding aggregate extension limit or (B) the
11taxing district's last preceding aggregate extension, as
12adjusted under Sections 18-135, 18-215, 18-230, and 18-206. An
13adjustment under Section 18-135 shall be made for the 2007
14levy year and all subsequent levy years whenever one or more
15counties within which a taxing district is located (i) used
16estimated valuations or rates when extending taxes in the
17taxing district for the last preceding levy year that resulted
18in the over or under extension of taxes, or (ii) increased or
19decreased the tax extension for the last preceding levy year
20as required by Section 18-135(c). Whenever an adjustment is
21required under Section 18-135, the aggregate extension base of
22the taxing district shall be equal to the amount that the
23aggregate extension of the taxing district would have been for
24the last preceding levy year if either or both (i) actual,
25rather than estimated, valuations or rates had been used to
26calculate the extension of taxes for the last levy year, or

 

 

10200SB1140sam001- 15 -LRB102 04967 HLH 24906 a

1(ii) the tax extension for the last preceding levy year had not
2been adjusted as required by subsection (c) of Section 18-135.
3    Notwithstanding any other provision of law, for levy year
42012, the aggregate extension base for West Northfield School
5District No. 31 in Cook County shall be $12,654,592.
6    "Levy year" has the same meaning as "year" under Section
71-155.
8    "Aggregate extension limit" means the district's last
9preceding aggregate extension if the taxing district had
10utilized the maximum limiting rate permitted without
11referendum for each of the 5 immediately preceding levy years,
12as adjusted under Section 18-135, 18-215, 18-230, and 18-206.
13    "New property" means (i) the assessed value, after final
14board of review or board of appeals action, of new
15improvements or additions to existing improvements on any
16parcel of real property that increase the assessed value of
17that real property during the levy year multiplied by the
18equalization factor issued by the Department under Section
1917-30, (ii) the assessed value, after final board of review or
20board of appeals action, of real property not exempt from real
21estate taxation, which real property was exempt from real
22estate taxation for any portion of the immediately preceding
23levy year, multiplied by the equalization factor issued by the
24Department under Section 17-30, including the assessed value,
25upon final stabilization of occupancy after new construction
26is complete, of any real property located within the

 

 

10200SB1140sam001- 16 -LRB102 04967 HLH 24906 a

1boundaries of an otherwise or previously exempt military
2reservation that is intended for residential use and owned by
3or leased to a private corporation or other entity, (iii) in
4counties that classify in accordance with Section 4 of Article
5IX of the Illinois Constitution, an incentive property's
6additional assessed value resulting from a scheduled increase
7in the level of assessment as applied to the first year final
8board of review market value, and (iv) any increase in
9assessed value due to oil or gas production from an oil or gas
10well required to be permitted under the Hydraulic Fracturing
11Regulatory Act that was not produced in or accounted for
12during the previous levy year. In addition, the county clerk
13in a county containing a population of 3,000,000 or more shall
14include in the 1997 recovered tax increment value for any
15school district, any recovered tax increment value that was
16applicable to the 1995 tax year calculations.
17    "Qualified airport authority" means an airport authority
18organized under the Airport Authorities Act and located in a
19county bordering on the State of Wisconsin and having a
20population in excess of 200,000 and not greater than 500,000.
21    "Recovered tax increment value" means, except as otherwise
22provided in this paragraph, the amount of the current year's
23equalized assessed value, in the first year after a
24municipality terminates the designation of an area as a
25redevelopment project area previously established under the
26Tax Increment Allocation Redevelopment Development Act in the

 

 

10200SB1140sam001- 17 -LRB102 04967 HLH 24906 a

1Illinois Municipal Code, previously established under the
2Industrial Jobs Recovery Law in the Illinois Municipal Code,
3previously established under the Economic Development Project
4Area Tax Increment Act of 1995, or previously established
5under the Economic Development Area Tax Increment Allocation
6Act, of each taxable lot, block, tract, or parcel of real
7property in the redevelopment project area over and above the
8initial equalized assessed value of each property in the
9redevelopment project area. For the taxes which are extended
10for the 1997 levy year, the recovered tax increment value for a
11non-home rule taxing district that first became subject to
12this Law for the 1995 levy year because a majority of its 1994
13equalized assessed value was in an affected county or counties
14shall be increased if a municipality terminated the
15designation of an area in 1993 as a redevelopment project area
16previously established under the Tax Increment Allocation
17Redevelopment Development Act in the Illinois Municipal Code,
18previously established under the Industrial Jobs Recovery Law
19in the Illinois Municipal Code, or previously established
20under the Economic Development Area Tax Increment Allocation
21Act, by an amount equal to the 1994 equalized assessed value of
22each taxable lot, block, tract, or parcel of real property in
23the redevelopment project area over and above the initial
24equalized assessed value of each property in the redevelopment
25project area. In the first year after a municipality removes a
26taxable lot, block, tract, or parcel of real property from a

 

 

10200SB1140sam001- 18 -LRB102 04967 HLH 24906 a

1redevelopment project area established under the Tax Increment
2Allocation Redevelopment Development Act in the Illinois
3Municipal Code, the Industrial Jobs Recovery Law in the
4Illinois Municipal Code, or the Economic Development Area Tax
5Increment Allocation Act, "recovered tax increment value"
6means the amount of the current year's equalized assessed
7value of each taxable lot, block, tract, or parcel of real
8property removed from the redevelopment project area over and
9above the initial equalized assessed value of that real
10property before removal from the redevelopment project area.
11    Except as otherwise provided in this Section, "limiting
12rate" means a fraction the numerator of which is the last
13preceding aggregate extension base times an amount equal to
14one plus the extension limitation defined in this Section and
15the denominator of which is the current year's equalized
16assessed value of all real property in the territory under the
17jurisdiction of the taxing district during the prior levy
18year. For those taxing districts that reduced their aggregate
19extension for the last preceding levy year, except for school
20districts that reduced their extension for educational
21purposes pursuant to Section 18-206, the highest aggregate
22extension in any of the last 3 preceding levy years shall be
23used for the purpose of computing the limiting rate. For levy
24years prior to levy year 2022, the The denominator shall not
25include new property or the recovered tax increment value. For
26levy year 2022 and thereafter, the denominator shall not

 

 

10200SB1140sam001- 19 -LRB102 04967 HLH 24906 a

1include the recovered tax increment value but shall include
250% of the value of new property. If a new rate, a rate
3decrease, or a limiting rate increase has been approved at an
4election held after March 21, 2006, then (i) the otherwise
5applicable limiting rate shall be increased by the amount of
6the new rate or shall be reduced by the amount of the rate
7decrease, as the case may be, or (ii) in the case of a limiting
8rate increase, the limiting rate shall be equal to the rate set
9forth in the proposition approved by the voters for each of the
10years specified in the proposition, after which the limiting
11rate of the taxing district shall be calculated as otherwise
12provided. In the case of a taxing district that obtained
13referendum approval for an increased limiting rate on March
1420, 2012, the limiting rate for tax year 2012 shall be the rate
15that generates the approximate total amount of taxes
16extendable for that tax year, as set forth in the proposition
17approved by the voters; this rate shall be the final rate
18applied by the county clerk for the aggregate of all capped
19funds of the district for tax year 2012.
20(Source: P.A. 99-143, eff. 7-27-15; 99-521, eff. 6-1-17;
21100-465, eff. 8-31-17; revised 8-12-19.)
 
22    Section 10. The Illinois Municipal Code is amended by
23changing Sections 11-74.4-3, 11-74.4-3.5, 11-74.4-5, and
2411-74.4-7 as follows:
 

 

 

10200SB1140sam001- 20 -LRB102 04967 HLH 24906 a

1    (65 ILCS 5/11-74.4-3)  (from Ch. 24, par. 11-74.4-3)
2    Sec. 11-74.4-3. Definitions. The following terms, wherever
3used or referred to in this Division 74.4 shall have the
4following respective meanings, unless in any case a different
5meaning clearly appears from the context.
6    (a) For any redevelopment project area that has been
7designated pursuant to this Section by an ordinance adopted
8prior to July 1, 2021 November 1, 1999 (the effective date of
9Public Act 91-478), "blighted area" shall have the meaning set
10forth in this Section prior to that date.
11    On and after July 1, 2021 November 1, 1999, "blighted
12area" means any improved or vacant area within the boundaries
13of a redevelopment project area located within the territorial
14limits of the municipality where:
15        (1) If improved, industrial, commercial, and
16    residential buildings or improvements are detrimental to
17    the public safety, health, or welfare because of a
18    combination of 5 or more of the following factors, each of
19    which is (i) present, with that presence documented, to a
20    meaningful extent so that a municipality may reasonably
21    find that the factor is clearly present within the intent
22    of the Act and (ii) reasonably distributed throughout the
23    improved part of the redevelopment project area:
24            (A) (Blank). Dilapidation. An advanced state of
25        disrepair or neglect of necessary repairs to the
26        primary structural components of buildings or

 

 

10200SB1140sam001- 21 -LRB102 04967 HLH 24906 a

1        improvements in such a combination that a documented
2        building condition analysis determines that major
3        repair is required or the defects are so serious and so
4        extensive that the buildings must be removed.
5            (B) Obsolescence. The condition or process of
6        falling into disuse. Structures have become ill-suited
7        for the original use.
8            (C) (Blank). Deterioration. With respect to
9        buildings, defects including, but not limited to,
10        major defects in the secondary building components
11        such as doors, windows, porches, gutters and
12        downspouts, and fascia. With respect to surface
13        improvements, that the condition of roadways, alleys,
14        curbs, gutters, sidewalks, off-street parking, and
15        surface storage areas evidence deterioration,
16        including, but not limited to, surface cracking,
17        crumbling, potholes, depressions, loose paving
18        material, and weeds protruding through paved surfaces.
19            (D) (Blank). Presence of structures below minimum
20        code standards. All structures that do not meet the
21        standards of zoning, subdivision, building, fire, and
22        other governmental codes applicable to property, but
23        not including housing and property maintenance codes.
24            (E) Illegal use of individual structures. The use
25        of structures in violation of applicable federal,
26        State, or local laws, exclusive of those applicable to

 

 

10200SB1140sam001- 22 -LRB102 04967 HLH 24906 a

1        the presence of structures below minimum code
2        standards.
3            (F) (Blank). Excessive vacancies. The presence of
4        buildings that are unoccupied or under-utilized and
5        that represent an adverse influence on the area
6        because of the frequency, extent, or duration of the
7        vacancies.
8            (G) (Blank). Lack of ventilation, light, or
9        sanitary facilities. The absence of adequate
10        ventilation for light or air circulation in spaces or
11        rooms without windows, or that require the removal of
12        dust, odor, gas, smoke, or other noxious airborne
13        materials. Inadequate natural light and ventilation
14        means the absence of skylights or windows for interior
15        spaces or rooms and improper window sizes and amounts
16        by room area to window area ratios. Inadequate
17        sanitary facilities refers to the absence or
18        inadequacy of garbage storage and enclosure, bathroom
19        facilities, hot water and kitchens, and structural
20        inadequacies preventing ingress and egress to and from
21        all rooms and units within a building.
22            (H) Inadequate utilities. Underground and overhead
23        utilities such as storm sewers and storm drainage,
24        sanitary sewers, water lines, and gas, telephone, and
25        electrical services that are shown to be inadequate.
26        Inadequate utilities are those that are: (i) of

 

 

10200SB1140sam001- 23 -LRB102 04967 HLH 24906 a

1        insufficient capacity to serve the uses in the
2        redevelopment project area, (ii) deteriorated,
3        antiquated, obsolete, or in disrepair, or (iii)
4        lacking within the redevelopment project area.
5            (I) Excessive land coverage and overcrowding of
6        structures and community facilities. The
7        over-intensive use of property and the crowding of
8        buildings and accessory facilities onto a site.
9        Examples of problem conditions warranting the
10        designation of an area as one exhibiting excessive
11        land coverage are: (i) the presence of buildings
12        either improperly situated on parcels or located on
13        parcels of inadequate size and shape in relation to
14        present-day standards of development for health and
15        safety and (ii) the presence of multiple buildings on
16        a single parcel. For there to be a finding of excessive
17        land coverage, these parcels must exhibit one or more
18        of the following conditions: insufficient provision
19        for light and air within or around buildings,
20        increased threat of spread of fire due to the close
21        proximity of buildings, lack of adequate or proper
22        access to a public right-of-way, lack of reasonably
23        required off-street parking, or inadequate provision
24        for loading and service.
25            (J) (Blank). Deleterious land use or layout. The
26        existence of incompatible land-use relationships,

 

 

10200SB1140sam001- 24 -LRB102 04967 HLH 24906 a

1        buildings occupied by inappropriate mixed-uses, or
2        uses considered to be noxious, offensive, or
3        unsuitable for the surrounding area.
4            (K) Environmental clean-up. The proposed
5        redevelopment project area has incurred Illinois
6        Environmental Protection Agency or United States
7        Environmental Protection Agency remediation costs for,
8        or a study conducted by an independent consultant
9        recognized as having expertise in environmental
10        remediation has determined a need for, the clean-up of
11        hazardous waste, hazardous substances, or underground
12        storage tanks required by State or federal law,
13        provided that the remediation costs constitute a
14        material impediment to the development or
15        redevelopment of the redevelopment project area.
16            (L) (Blank). Lack of community planning. The
17        proposed redevelopment project area was developed
18        prior to or without the benefit or guidance of a
19        community plan. This means that the development
20        occurred prior to the adoption by the municipality of
21        a comprehensive or other community plan or that the
22        plan was not followed at the time of the area's
23        development. This factor must be documented by
24        evidence of adverse or incompatible land-use
25        relationships, inadequate street layout, improper
26        subdivision, parcels of inadequate shape and size to

 

 

10200SB1140sam001- 25 -LRB102 04967 HLH 24906 a

1        meet contemporary development standards, or other
2        evidence demonstrating an absence of effective
3        community planning.
4            (M) The total equalized assessed value of the
5        proposed redevelopment project area has declined for 3
6        of the last 5 calendar years prior to the year in which
7        the redevelopment project area is designated. or is
8        increasing at an annual rate that is less than the
9        balance of the municipality for 3 of the last 5
10        calendar years for which information is available or
11        is increasing at an annual rate that is less than the
12        Consumer Price Index for All Urban Consumers published
13        by the United States Department of Labor or successor
14        agency for 3 of the last 5 calendar years prior to the
15        year in which the redevelopment project area is
16        designated.
17            (N) The proposed redevelopment project area has
18        had an annual average unemployment rate of at least
19        120% of the State's annual average unemployment rate
20        for the most recent calendar year that immediately
21        preceded the calendar year last reported by the
22        Department of Employment Security.
23            (O) The proposed redevelopment project area has a
24        poverty rate of at least: 20% according to the latest
25        federal decennial census; 50% or more of children in
26        the proposed redevelopment project area participate in

 

 

10200SB1140sam001- 26 -LRB102 04967 HLH 24906 a

1        the federal free lunch program according to reported
2        statistics from the State Board of Education; or 20%
3        or more households in the proposed redevelopment
4        project area receive food stamps according to the
5        latest federal decennial census.
6        (2) If vacant, the sound growth of the redevelopment
7    project area is impaired by a combination of 2 or more of
8    the following factors, each of which is (i) present, with
9    that presence documented, to a meaningful extent so that a
10    municipality may reasonably find that the factor is
11    clearly present within the intent of the Act and (ii)
12    reasonably distributed throughout the vacant part of the
13    redevelopment project area to which it pertains:
14            (A) (Blank). Obsolete platting of vacant land that
15        results in parcels of limited or narrow size or
16        configurations of parcels of irregular size or shape
17        that would be difficult to develop on a planned basis
18        and in a manner compatible with contemporary standards
19        and requirements, or platting that failed to create
20        rights-of-ways for streets or alleys or that created
21        inadequate right-of-way widths for streets, alleys, or
22        other public rights-of-way or that omitted easements
23        for public utilities.
24            (B) (Blank). Diversity of ownership of parcels of
25        vacant land sufficient in number to retard or impede
26        the ability to assemble the land for development.

 

 

10200SB1140sam001- 27 -LRB102 04967 HLH 24906 a

1            (C) Tax and special assessment delinquencies exist
2        or the property has been the subject of tax sales under
3        the Property Tax Code within the last 5 years.
4            (D) (Blank). Deterioration of structures or site
5        improvements in neighboring areas adjacent to the
6        vacant land.
7            (E) The area has incurred Illinois Environmental
8        Protection Agency or United States Environmental
9        Protection Agency remediation costs for, or a study
10        conducted by an independent consultant recognized as
11        having expertise in environmental remediation has
12        determined a need for, the clean-up of hazardous
13        waste, hazardous substances, or underground storage
14        tanks required by State or federal law, provided that
15        the remediation costs constitute a material impediment
16        to the development or redevelopment of the
17        redevelopment project area.
18            (F) The total equalized assessed value of the
19        proposed redevelopment project area has declined for 3
20        of the last 5 calendar years prior to the year in which
21        the redevelopment project area is designated. or is
22        increasing at an annual rate that is less than the
23        balance of the municipality for 3 of the last 5
24        calendar years for which information is available or
25        is increasing at an annual rate that is less than the
26        Consumer Price Index for All Urban Consumers published

 

 

10200SB1140sam001- 28 -LRB102 04967 HLH 24906 a

1        by the United States Department of Labor or successor
2        agency for 3 of the last 5 calendar years prior to the
3        year in which the redevelopment project area is
4        designated.
5        (3) If vacant, the sound growth of the redevelopment
6    project area is impaired by one of the following factors
7    that (i) is present, with that presence documented, to a
8    meaningful extent so that a municipality may reasonably
9    find that the factor is clearly present within the intent
10    of the Act and (ii) is reasonably distributed throughout
11    the vacant part of the redevelopment project area to which
12    it pertains:
13            (A) The area consists of one or more unused
14        quarries, mines, or strip mine ponds.
15            (B) The area consists of unused rail yards, rail
16        tracks, or railroad rights-of-way.
17            (C) The area, prior to its designation, is subject
18        to (i) chronic flooding that adversely impacts on real
19        property in the area as certified by a registered
20        professional engineer or appropriate regulatory agency
21        or (ii) surface water that discharges from all or a
22        part of the area and contributes to flooding within
23        the same watershed, but only if the redevelopment
24        project provides for facilities or improvements to
25        contribute to the alleviation of all or part of the
26        flooding.

 

 

10200SB1140sam001- 29 -LRB102 04967 HLH 24906 a

1            (D) The area consists of an unused or illegal
2        disposal site containing earth, stone, building
3        debris, or similar materials that were removed from
4        construction, demolition, excavation, or dredge sites.
5            (E) Prior to November 1, 1999, the area is not less
6        than 50 nor more than 100 acres and 75% of which is
7        vacant (notwithstanding that the area has been used
8        for commercial agricultural purposes within 5 years
9        prior to the designation of the redevelopment project
10        area), and the area meets at least one of the factors
11        itemized in paragraph (1) of this subsection, the area
12        has been designated as a town or village center by
13        ordinance or comprehensive plan adopted prior to
14        January 1, 1982, and the area has not been developed
15        for that designated purpose.
16            (F) (Blank). The area qualified as a blighted
17        improved area immediately prior to becoming vacant,
18        unless there has been substantial private investment
19        in the immediately surrounding area.
20    (b) For any redevelopment project area that has been
21designated pursuant to this Section by an ordinance adopted
22prior to July 1, 2020 November 1, 1999 (the effective date of
23Public Act 91-478), "conservation area" shall have the meaning
24set forth in this Section prior to that date.
25    On and after July 1, 2020 November 1, 1999, "conservation
26area" means any improved area within the boundaries of a

 

 

10200SB1140sam001- 30 -LRB102 04967 HLH 24906 a

1redevelopment project area located within the territorial
2limits of the municipality in which 50% or more of the
3structures in the area have an age of 35 years or more. Such an
4area is not yet a blighted area but because of a combination of
53 or more of the following factors is detrimental to the public
6safety, health, morals or welfare and such an area may become a
7blighted area:
8        (1) (Blank). Dilapidation. An advanced state of
9    disrepair or neglect of necessary repairs to the primary
10    structural components of buildings or improvements in such
11    a combination that a documented building condition
12    analysis determines that major repair is required or the
13    defects are so serious and so extensive that the buildings
14    must be removed.
15        (2) Obsolescence. The condition or process of falling
16    into disuse. Structures have become ill-suited for the
17    original use.
18        (3) (Blank). Deterioration. With respect to buildings,
19    defects including, but not limited to, major defects in
20    the secondary building components such as doors, windows,
21    porches, gutters and downspouts, and fascia. With respect
22    to surface improvements, that the condition of roadways,
23    alleys, curbs, gutters, sidewalks, off-street parking, and
24    surface storage areas evidence deterioration, including,
25    but not limited to, surface cracking, crumbling, potholes,
26    depressions, loose paving material, and weeds protruding

 

 

10200SB1140sam001- 31 -LRB102 04967 HLH 24906 a

1    through paved surfaces.
2        (4) (Blank). Presence of structures below minimum code
3    standards. All structures that do not meet the standards
4    of zoning, subdivision, building, fire, and other
5    governmental codes applicable to property, but not
6    including housing and property maintenance codes.
7        (5) Illegal use of individual structures. The use of
8    structures in violation of applicable federal, State, or
9    local laws, exclusive of those applicable to the presence
10    of structures below minimum code standards.
11        (6) (Blank). Excessive vacancies. The presence of
12    buildings that are unoccupied or under-utilized and that
13    represent an adverse influence on the area because of the
14    frequency, extent, or duration of the vacancies.
15        (7) (Blank). Lack of ventilation, light, or sanitary
16    facilities. The absence of adequate ventilation for light
17    or air circulation in spaces or rooms without windows, or
18    that require the removal of dust, odor, gas, smoke, or
19    other noxious airborne materials. Inadequate natural light
20    and ventilation means the absence or inadequacy of
21    skylights or windows for interior spaces or rooms and
22    improper window sizes and amounts by room area to window
23    area ratios. Inadequate sanitary facilities refers to the
24    absence or inadequacy of garbage storage and enclosure,
25    bathroom facilities, hot water and kitchens, and
26    structural inadequacies preventing ingress and egress to

 

 

10200SB1140sam001- 32 -LRB102 04967 HLH 24906 a

1    and from all rooms and units within a building.
2        (8) Inadequate utilities. Underground and overhead
3    utilities such as storm sewers and storm drainage,
4    sanitary sewers, water lines, and gas, telephone, and
5    electrical services that are shown to be inadequate.
6    Inadequate utilities are those that are: (i) of
7    insufficient capacity to serve the uses in the
8    redevelopment project area, (ii) deteriorated, antiquated,
9    obsolete, or in disrepair, or (iii) lacking within the
10    redevelopment project area.
11        (9) Excessive land coverage and overcrowding of
12    structures and community facilities. The over-intensive
13    use of property and the crowding of buildings and
14    accessory facilities onto a site. Examples of problem
15    conditions warranting the designation of an area as one
16    exhibiting excessive land coverage are: the presence of
17    buildings either improperly situated on parcels or located
18    on parcels of inadequate size and shape in relation to
19    present-day standards of development for health and safety
20    and the presence of multiple buildings on a single parcel.
21    For there to be a finding of excessive land coverage,
22    these parcels must exhibit one or more of the following
23    conditions: insufficient provision for light and air
24    within or around buildings, increased threat of spread of
25    fire due to the close proximity of buildings, lack of
26    adequate or proper access to a public right-of-way, lack

 

 

10200SB1140sam001- 33 -LRB102 04967 HLH 24906 a

1    of reasonably required off-street parking, or inadequate
2    provision for loading and service.
3        (10) (Blank). Deleterious land use or layout. The
4    existence of incompatible land-use relationships,
5    buildings occupied by inappropriate mixed-uses, or uses
6    considered to be noxious, offensive, or unsuitable for the
7    surrounding area.
8        (11) (Blank). Lack of community planning. The proposed
9    redevelopment project area was developed prior to or
10    without the benefit or guidance of a community plan. This
11    means that the development occurred prior to the adoption
12    by the municipality of a comprehensive or other community
13    plan or that the plan was not followed at the time of the
14    area's development. This factor must be documented by
15    evidence of adverse or incompatible land-use
16    relationships, inadequate street layout, improper
17    subdivision, parcels of inadequate shape and size to meet
18    contemporary development standards, or other evidence
19    demonstrating an absence of effective community planning.
20        (12) The area has incurred Illinois Environmental
21    Protection Agency or United States Environmental
22    Protection Agency remediation costs for, or a study
23    conducted by an independent consultant recognized as
24    having expertise in environmental remediation has
25    determined a need for, the clean-up of hazardous waste,
26    hazardous substances, or underground storage tanks

 

 

10200SB1140sam001- 34 -LRB102 04967 HLH 24906 a

1    required by State or federal law, provided that the
2    remediation costs constitute a material impediment to the
3    development or redevelopment of the redevelopment project
4    area.
5        (13) The total equalized assessed value of the
6    proposed redevelopment project area has declined for 3 of
7    the last 5 calendar years for which information is
8    available. or is increasing at an annual rate that is less
9    than the balance of the municipality for 3 of the last 5
10    calendar years for which information is available or is
11    increasing at an annual rate that is less than the
12    Consumer Price Index for All Urban Consumers published by
13    the United States Department of Labor or successor agency
14    for 3 of the last 5 calendar years for which information is
15    available.
16    (c) "Industrial park" means an area in a blighted or
17conservation area suitable for use by any manufacturing,
18industrial, research or transportation enterprise, of
19facilities to include but not be limited to factories, mills,
20processing plants, assembly plants, packing plants,
21fabricating plants, industrial distribution centers,
22warehouses, repair overhaul or service facilities, freight
23terminals, research facilities, test facilities or railroad
24facilities.
25    (d) "Industrial park conservation area" means an area
26within the boundaries of a redevelopment project area located

 

 

10200SB1140sam001- 35 -LRB102 04967 HLH 24906 a

1within the territorial limits of a municipality that is a
2labor surplus municipality or within 1 1/2 miles of the
3territorial limits of a municipality that is a labor surplus
4municipality if the area is annexed to the municipality; which
5area is zoned as industrial no later than at the time the
6municipality by ordinance designates the redevelopment project
7area, and which area includes both vacant land suitable for
8use as an industrial park and a blighted area or conservation
9area contiguous to such vacant land.
10    (e) "Labor surplus municipality" means a municipality in
11which, at any time during the 6 months before the municipality
12by ordinance designates an industrial park conservation area,
13the unemployment rate was over 6% and was also 100% or more of
14the national average unemployment rate for that same time as
15published in the United States Department of Labor Bureau of
16Labor Statistics publication entitled "The Employment
17Situation" or its successor publication. For the purpose of
18this subsection, if unemployment rate statistics for the
19municipality are not available, the unemployment rate in the
20municipality shall be deemed to be the same as the
21unemployment rate in the principal county in which the
22municipality is located.
23    (f) "Municipality" shall mean a city, village,
24incorporated town, or a township that is located in the
25unincorporated portion of a county with 3 million or more
26inhabitants, if the county adopted an ordinance that approved

 

 

10200SB1140sam001- 36 -LRB102 04967 HLH 24906 a

1the township's redevelopment plan.
2    (g) "Initial Sales Tax Amounts" means the amount of taxes
3paid under the Retailers' Occupation Tax Act, Use Tax Act,
4Service Use Tax Act, the Service Occupation Tax Act, the
5Municipal Retailers' Occupation Tax Act, and the Municipal
6Service Occupation Tax Act by retailers and servicemen on
7transactions at places located in a State Sales Tax Boundary
8during the calendar year 1985.
9    (g-1) "Revised Initial Sales Tax Amounts" means the amount
10of taxes paid under the Retailers' Occupation Tax Act, Use Tax
11Act, Service Use Tax Act, the Service Occupation Tax Act, the
12Municipal Retailers' Occupation Tax Act, and the Municipal
13Service Occupation Tax Act by retailers and servicemen on
14transactions at places located within the State Sales Tax
15Boundary revised pursuant to Section 11-74.4-8a(9) of this
16Act.
17    (h) "Municipal Sales Tax Increment" means an amount equal
18to the increase in the aggregate amount of taxes paid to a
19municipality from the Local Government Tax Fund arising from
20sales by retailers and servicemen within the redevelopment
21project area or State Sales Tax Boundary, as the case may be,
22for as long as the redevelopment project area or State Sales
23Tax Boundary, as the case may be, exist over and above the
24aggregate amount of taxes as certified by the Illinois
25Department of Revenue and paid under the Municipal Retailers'
26Occupation Tax Act and the Municipal Service Occupation Tax

 

 

10200SB1140sam001- 37 -LRB102 04967 HLH 24906 a

1Act by retailers and servicemen, on transactions at places of
2business located in the redevelopment project area or State
3Sales Tax Boundary, as the case may be, during the base year
4which shall be the calendar year immediately prior to the year
5in which the municipality adopted tax increment allocation
6financing. For purposes of computing the aggregate amount of
7such taxes for base years occurring prior to 1985, the
8Department of Revenue shall determine the Initial Sales Tax
9Amounts for such taxes and deduct therefrom an amount equal to
104% of the aggregate amount of taxes per year for each year the
11base year is prior to 1985, but not to exceed a total deduction
12of 12%. The amount so determined shall be known as the
13"Adjusted Initial Sales Tax Amounts". For purposes of
14determining the Municipal Sales Tax Increment, the Department
15of Revenue shall for each period subtract from the amount paid
16to the municipality from the Local Government Tax Fund arising
17from sales by retailers and servicemen on transactions located
18in the redevelopment project area or the State Sales Tax
19Boundary, as the case may be, the certified Initial Sales Tax
20Amounts, the Adjusted Initial Sales Tax Amounts or the Revised
21Initial Sales Tax Amounts for the Municipal Retailers'
22Occupation Tax Act and the Municipal Service Occupation Tax
23Act. For the State Fiscal Year 1989, this calculation shall be
24made by utilizing the calendar year 1987 to determine the tax
25amounts received. For the State Fiscal Year 1990, this
26calculation shall be made by utilizing the period from January

 

 

10200SB1140sam001- 38 -LRB102 04967 HLH 24906 a

11, 1988, until September 30, 1988, to determine the tax
2amounts received from retailers and servicemen pursuant to the
3Municipal Retailers' Occupation Tax and the Municipal Service
4Occupation Tax Act, which shall have deducted therefrom
5nine-twelfths of the certified Initial Sales Tax Amounts, the
6Adjusted Initial Sales Tax Amounts or the Revised Initial
7Sales Tax Amounts as appropriate. For the State Fiscal Year
81991, this calculation shall be made by utilizing the period
9from October 1, 1988, to June 30, 1989, to determine the tax
10amounts received from retailers and servicemen pursuant to the
11Municipal Retailers' Occupation Tax and the Municipal Service
12Occupation Tax Act which shall have deducted therefrom
13nine-twelfths of the certified Initial Sales Tax Amounts,
14Adjusted Initial Sales Tax Amounts or the Revised Initial
15Sales Tax Amounts as appropriate. For every State Fiscal Year
16thereafter, the applicable period shall be the 12 months
17beginning July 1 and ending June 30 to determine the tax
18amounts received which shall have deducted therefrom the
19certified Initial Sales Tax Amounts, the Adjusted Initial
20Sales Tax Amounts or the Revised Initial Sales Tax Amounts, as
21the case may be.
22    (i) "Net State Sales Tax Increment" means the sum of the
23following: (a) 80% of the first $100,000 of State Sales Tax
24Increment annually generated within a State Sales Tax
25Boundary; (b) 60% of the amount in excess of $100,000 but not
26exceeding $500,000 of State Sales Tax Increment annually

 

 

10200SB1140sam001- 39 -LRB102 04967 HLH 24906 a

1generated within a State Sales Tax Boundary; and (c) 40% of all
2amounts in excess of $500,000 of State Sales Tax Increment
3annually generated within a State Sales Tax Boundary. If,
4however, a municipality established a tax increment financing
5district in a county with a population in excess of 3,000,000
6before January 1, 1986, and the municipality entered into a
7contract or issued bonds after January 1, 1986, but before
8December 31, 1986, to finance redevelopment project costs
9within a State Sales Tax Boundary, then the Net State Sales Tax
10Increment means, for the fiscal years beginning July 1, 1990,
11and July 1, 1991, 100% of the State Sales Tax Increment
12annually generated within a State Sales Tax Boundary; and
13notwithstanding any other provision of this Act, for those
14fiscal years the Department of Revenue shall distribute to
15those municipalities 100% of their Net State Sales Tax
16Increment before any distribution to any other municipality
17and regardless of whether or not those other municipalities
18will receive 100% of their Net State Sales Tax Increment. For
19Fiscal Year 1999, and every year thereafter until the year
202007, for any municipality that has not entered into a
21contract or has not issued bonds prior to June 1, 1988 to
22finance redevelopment project costs within a State Sales Tax
23Boundary, the Net State Sales Tax Increment shall be
24calculated as follows: By multiplying the Net State Sales Tax
25Increment by 90% in the State Fiscal Year 1999; 80% in the
26State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60%

 

 

10200SB1140sam001- 40 -LRB102 04967 HLH 24906 a

1in the State Fiscal Year 2002; 50% in the State Fiscal Year
22003; 40% in the State Fiscal Year 2004; 30% in the State
3Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in
4the State Fiscal Year 2007. No payment shall be made for State
5Fiscal Year 2008 and thereafter.
6    Municipalities that issued bonds in connection with a
7redevelopment project in a redevelopment project area within
8the State Sales Tax Boundary prior to July 29, 1991, or that
9entered into contracts in connection with a redevelopment
10project in a redevelopment project area before June 1, 1988,
11shall continue to receive their proportional share of the
12Illinois Tax Increment Fund distribution until the date on
13which the redevelopment project is completed or terminated.
14If, however, a municipality that issued bonds in connection
15with a redevelopment project in a redevelopment project area
16within the State Sales Tax Boundary prior to July 29, 1991
17retires the bonds prior to June 30, 2007 or a municipality that
18entered into contracts in connection with a redevelopment
19project in a redevelopment project area before June 1, 1988
20completes the contracts prior to June 30, 2007, then so long as
21the redevelopment project is not completed or is not
22terminated, the Net State Sales Tax Increment shall be
23calculated, beginning on the date on which the bonds are
24retired or the contracts are completed, as follows: By
25multiplying the Net State Sales Tax Increment by 60% in the
26State Fiscal Year 2002; 50% in the State Fiscal Year 2003; 40%

 

 

10200SB1140sam001- 41 -LRB102 04967 HLH 24906 a

1in the State Fiscal Year 2004; 30% in the State Fiscal Year
22005; 20% in the State Fiscal Year 2006; and 10% in the State
3Fiscal Year 2007. No payment shall be made for State Fiscal
4Year 2008 and thereafter. Refunding of any bonds issued prior
5to July 29, 1991, shall not alter the Net State Sales Tax
6Increment.
7    (j) "State Utility Tax Increment Amount" means an amount
8equal to the aggregate increase in State electric and gas tax
9charges imposed on owners and tenants, other than residential
10customers, of properties located within the redevelopment
11project area under Section 9-222 of the Public Utilities Act,
12over and above the aggregate of such charges as certified by
13the Department of Revenue and paid by owners and tenants,
14other than residential customers, of properties within the
15redevelopment project area during the base year, which shall
16be the calendar year immediately prior to the year of the
17adoption of the ordinance authorizing tax increment allocation
18financing.
19    (k) "Net State Utility Tax Increment" means the sum of the
20following: (a) 80% of the first $100,000 of State Utility Tax
21Increment annually generated by a redevelopment project area;
22(b) 60% of the amount in excess of $100,000 but not exceeding
23$500,000 of the State Utility Tax Increment annually generated
24by a redevelopment project area; and (c) 40% of all amounts in
25excess of $500,000 of State Utility Tax Increment annually
26generated by a redevelopment project area. For the State

 

 

10200SB1140sam001- 42 -LRB102 04967 HLH 24906 a

1Fiscal Year 1999, and every year thereafter until the year
22007, for any municipality that has not entered into a
3contract or has not issued bonds prior to June 1, 1988 to
4finance redevelopment project costs within a redevelopment
5project area, the Net State Utility Tax Increment shall be
6calculated as follows: By multiplying the Net State Utility
7Tax Increment by 90% in the State Fiscal Year 1999; 80% in the
8State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60%
9in the State Fiscal Year 2002; 50% in the State Fiscal Year
102003; 40% in the State Fiscal Year 2004; 30% in the State
11Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in
12the State Fiscal Year 2007. No payment shall be made for the
13State Fiscal Year 2008 and thereafter.
14    Municipalities that issue bonds in connection with the
15redevelopment project during the period from June 1, 1988
16until 3 years after the effective date of this Amendatory Act
17of 1988 shall receive the Net State Utility Tax Increment,
18subject to appropriation, for 15 State Fiscal Years after the
19issuance of such bonds. For the 16th through the 20th State
20Fiscal Years after issuance of the bonds, the Net State
21Utility Tax Increment shall be calculated as follows: By
22multiplying the Net State Utility Tax Increment by 90% in year
2316; 80% in year 17; 70% in year 18; 60% in year 19; and 50% in
24year 20. Refunding of any bonds issued prior to June 1, 1988,
25shall not alter the revised Net State Utility Tax Increment
26payments set forth above.

 

 

10200SB1140sam001- 43 -LRB102 04967 HLH 24906 a

1    (l) "Obligations" mean bonds, loans, debentures, notes,
2special certificates or other evidence of indebtedness issued
3by the municipality to carry out a redevelopment project or to
4refund outstanding obligations.
5    (m) "Payment in lieu of taxes" means those estimated tax
6revenues from real property in a redevelopment project area
7derived from real property that has been acquired by a
8municipality which according to the redevelopment project or
9plan is to be used for a private use which taxing districts
10would have received had a municipality not acquired the real
11property and adopted tax increment allocation financing and
12which would result from levies made after the time of the
13adoption of tax increment allocation financing to the time the
14current equalized value of real property in the redevelopment
15project area exceeds the total initial equalized value of real
16property in said area.
17    (n) "Redevelopment plan" means the comprehensive program
18of the municipality for development or redevelopment intended
19by the payment of redevelopment project costs to reduce or
20eliminate those conditions the existence of which qualified
21the redevelopment project area as a "blighted area" or
22"conservation area" or combination thereof or "industrial park
23conservation area," and thereby to enhance the tax bases of
24the taxing districts which extend into the redevelopment
25project area, provided that, with respect to redevelopment
26project areas described in subsections (p-1) and (p-2),

 

 

10200SB1140sam001- 44 -LRB102 04967 HLH 24906 a

1"redevelopment plan" means the comprehensive program of the
2affected municipality for the development of qualifying
3transit facilities. On and after November 1, 1999 (the
4effective date of Public Act 91-478), no redevelopment plan
5may be approved or amended that includes the development of
6vacant land (i) with a golf course and related clubhouse and
7other facilities or (ii) designated by federal, State, county,
8or municipal government as public land for outdoor
9recreational activities or for nature preserves and used for
10that purpose within 5 years prior to the adoption of the
11redevelopment plan. For the purpose of this subsection,
12"recreational activities" is limited to mean camping and
13hunting. Each redevelopment plan shall set forth in writing
14the program to be undertaken to accomplish the objectives and
15shall include but not be limited to:
16        (A) an itemized list of estimated redevelopment
17    project costs;
18        (B) evidence indicating that the redevelopment project
19    area on the whole has not been subject to growth and
20    development through investment by private enterprise,
21    provided that such evidence shall not be required for any
22    redevelopment project area located within a transit
23    facility improvement area established pursuant to Section
24    11-74.4-3.3;
25        (C) an assessment of any financial impact of the
26    redevelopment project area on or any increased demand for

 

 

10200SB1140sam001- 45 -LRB102 04967 HLH 24906 a

1    services from any taxing district affected by the plan and
2    any program to address such financial impact or increased
3    demand;
4        (D) the sources of funds to pay costs;
5        (E) the nature and term of the obligations to be
6    issued;
7        (F) the most recent equalized assessed valuation of
8    the redevelopment project area;
9        (G) an estimate as to the equalized assessed valuation
10    after redevelopment and the general land uses to apply in
11    the redevelopment project area;
12        (H) a commitment to fair employment practices and an
13    affirmative action plan;
14        (I) if it concerns an industrial park conservation
15    area, the plan shall also include a general description of
16    any proposed developer, user and tenant of any property, a
17    description of the type, structure and general character
18    of the facilities to be developed, a description of the
19    type, class and number of new employees to be employed in
20    the operation of the facilities to be developed; and
21        (J) if property is to be annexed to the municipality,
22    the plan shall include the terms of the annexation
23    agreement.
24    The provisions of items (B) and (C) of this subsection (n)
25shall not apply to a municipality that before March 14, 1994
26(the effective date of Public Act 88-537) had fixed, either by

 

 

10200SB1140sam001- 46 -LRB102 04967 HLH 24906 a

1its corporate authorities or by a commission designated under
2subsection (k) of Section 11-74.4-4, a time and place for a
3public hearing as required by subsection (a) of Section
411-74.4-5. No redevelopment plan shall be adopted unless a
5municipality complies with all of the following requirements:
6        (1) The municipality finds that the redevelopment
7    project area on the whole has not been subject to growth
8    and development through investment by private enterprise
9    and would not reasonably be anticipated to be developed
10    without the adoption of the redevelopment plan, provided,
11    however, that such a finding shall not be required with
12    respect to any redevelopment project area located within a
13    transit facility improvement area established pursuant to
14    Section 11-74.4-3.3.
15        (2) The municipality finds that the redevelopment plan
16    and project conform to the comprehensive plan for the
17    development of the municipality as a whole, or, for
18    municipalities with a population of 100,000 or more,
19    regardless of when the redevelopment plan and project was
20    adopted, the redevelopment plan and project either: (i)
21    conforms to the strategic economic development or
22    redevelopment plan issued by the designated planning
23    authority of the municipality, or (ii) includes land uses
24    that have been approved by the planning commission of the
25    municipality.
26        (3) The redevelopment plan establishes the estimated

 

 

10200SB1140sam001- 47 -LRB102 04967 HLH 24906 a

1    dates of completion of the redevelopment project and
2    retirement of obligations issued to finance redevelopment
3    project costs. Those dates may not be later than the dates
4    set forth under Section 11-74.4-3.5.
5        A municipality may by municipal ordinance amend an
6    existing redevelopment plan to conform to this paragraph
7    (3) as amended by Public Act 91-478, which municipal
8    ordinance may be adopted without further hearing or notice
9    and without complying with the procedures provided in this
10    Act pertaining to an amendment to or the initial approval
11    of a redevelopment plan and project and designation of a
12    redevelopment project area.
13        (3.5) The municipality finds, in the case of an
14    industrial park conservation area, also that the
15    municipality is a labor surplus municipality and that the
16    implementation of the redevelopment plan will reduce
17    unemployment, create new jobs and by the provision of new
18    facilities enhance the tax base of the taxing districts
19    that extend into the redevelopment project area.
20        (4) If any incremental revenues are being utilized
21    under Section 8(a)(1) or 8(a)(2) of this Act in
22    redevelopment project areas approved by ordinance after
23    January 1, 1986, the municipality finds: (a) that the
24    redevelopment project area would not reasonably be
25    developed without the use of such incremental revenues,
26    and (b) that such incremental revenues will be exclusively

 

 

10200SB1140sam001- 48 -LRB102 04967 HLH 24906 a

1    utilized for the development of the redevelopment project
2    area.
3        (5) If: (a) the redevelopment plan will not result in
4    displacement of residents from 10 or more inhabited
5    residential units, and the municipality certifies in the
6    plan that such displacement will not result from the plan;
7    or (b) the redevelopment plan is for a redevelopment
8    project area located within a transit facility improvement
9    area established pursuant to Section 11-74.4-3.3, and the
10    applicable project is subject to the process for
11    evaluation of environmental effects under the National
12    Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq.,
13    then a housing impact study need not be performed. If,
14    however, the redevelopment plan would result in the
15    displacement of residents from 10 or more inhabited
16    residential units, or if the redevelopment project area
17    contains 75 or more inhabited residential units and no
18    certification is made, then the municipality shall
19    prepare, as part of the separate feasibility report
20    required by subsection (a) of Section 11-74.4-5, a housing
21    impact study.
22        Part I of the housing impact study shall include (i)
23    data as to whether the residential units are single family
24    or multi-family units, (ii) the number and type of rooms
25    within the units, if that information is available, (iii)
26    whether the units are inhabited or uninhabited, as

 

 

10200SB1140sam001- 49 -LRB102 04967 HLH 24906 a

1    determined not less than 45 days before the date that the
2    ordinance or resolution required by subsection (a) of
3    Section 11-74.4-5 is passed, and (iv) data as to the
4    racial and ethnic composition of the residents in the
5    inhabited residential units. The data requirement as to
6    the racial and ethnic composition of the residents in the
7    inhabited residential units shall be deemed to be fully
8    satisfied by data from the most recent federal census.
9        Part II of the housing impact study shall identify the
10    inhabited residential units in the proposed redevelopment
11    project area that are to be or may be removed. If inhabited
12    residential units are to be removed, then the housing
13    impact study shall identify (i) the number and location of
14    those units that will or may be removed, (ii) the
15    municipality's plans for relocation assistance for those
16    residents in the proposed redevelopment project area whose
17    residences are to be removed, (iii) the availability of
18    replacement housing for those residents whose residences
19    are to be removed, and shall identify the type, location,
20    and cost of the housing, and (iv) the type and extent of
21    relocation assistance to be provided.
22        (6) On and after November 1, 1999, the housing impact
23    study required by paragraph (5) shall be incorporated in
24    the redevelopment plan for the redevelopment project area.
25        (7) On and after November 1, 1999, no redevelopment
26    plan shall be adopted, nor an existing plan amended, nor

 

 

10200SB1140sam001- 50 -LRB102 04967 HLH 24906 a

1    shall residential housing that is occupied by households
2    of low-income and very low-income persons in currently
3    existing redevelopment project areas be removed after
4    November 1, 1999 unless the redevelopment plan provides,
5    with respect to inhabited housing units that are to be
6    removed for households of low-income and very low-income
7    persons, affordable housing and relocation assistance not
8    less than that which would be provided under the federal
9    Uniform Relocation Assistance and Real Property
10    Acquisition Policies Act of 1970 and the regulations under
11    that Act, including the eligibility criteria. Affordable
12    housing may be either existing or newly constructed
13    housing. For purposes of this paragraph (7), "low-income
14    households", "very low-income households", and "affordable
15    housing" have the meanings set forth in the Illinois
16    Affordable Housing Act. The municipality shall make a good
17    faith effort to ensure that this affordable housing is
18    located in or near the redevelopment project area within
19    the municipality.
20        (8) On and after November 1, 1999, if, after the
21    adoption of the redevelopment plan for the redevelopment
22    project area, any municipality desires to amend its
23    redevelopment plan to remove more inhabited residential
24    units than specified in its original redevelopment plan,
25    that change shall be made in accordance with the
26    procedures in subsection (c) of Section 11-74.4-5.

 

 

10200SB1140sam001- 51 -LRB102 04967 HLH 24906 a

1        (9) For redevelopment project areas designated prior
2    to November 1, 1999, the redevelopment plan may be amended
3    without further joint review board meeting or hearing,
4    provided that the municipality shall give notice of any
5    such changes by mail to each affected taxing district and
6    registrant on the interested party registry, to authorize
7    the municipality to expend tax increment revenues for
8    redevelopment project costs defined by paragraphs (5) and
9    (7.5), subparagraphs (E) and (F) of paragraph (11), and
10    paragraph (11.5) of subsection (q) of Section 11-74.4-3,
11    so long as the changes do not increase the total estimated
12    redevelopment project costs set out in the redevelopment
13    plan by more than 5% after adjustment for inflation from
14    the date the plan was adopted.
15    (o) "Redevelopment project" means any public and private
16development project in furtherance of the objectives of a
17redevelopment plan. On and after November 1, 1999 (the
18effective date of Public Act 91-478), no redevelopment plan
19may be approved or amended that includes the development of
20vacant land (i) with a golf course and related clubhouse and
21other facilities or (ii) designated by federal, State, county,
22or municipal government as public land for outdoor
23recreational activities or for nature preserves and used for
24that purpose within 5 years prior to the adoption of the
25redevelopment plan. For the purpose of this subsection,
26"recreational activities" is limited to mean camping and

 

 

10200SB1140sam001- 52 -LRB102 04967 HLH 24906 a

1hunting.
2    (p) "Redevelopment project area" means an area designated
3by the municipality, which is not less in the aggregate than 1
41/2 acres and in respect to which the municipality has made a
5finding that there exist conditions which cause the area to be
6classified as an industrial park conservation area or a
7blighted area or a conservation area, or a combination of both
8blighted areas and conservation areas.
9    (p-1) Notwithstanding any provision of this Act to the
10contrary, on and after August 25, 2009 (the effective date of
11Public Act 96-680), a redevelopment project area may include
12areas within a one-half mile radius of an existing or proposed
13Regional Transportation Authority Suburban Transit Access
14Route (STAR Line) station without a finding that the area is
15classified as an industrial park conservation area, a blighted
16area, a conservation area, or a combination thereof, but only
17if the municipality receives unanimous consent from the joint
18review board created to review the proposed redevelopment
19project area.
20    (p-2) Notwithstanding any provision of this Act to the
21contrary, on and after the effective date of this amendatory
22Act of the 99th General Assembly, a redevelopment project area
23may include areas within a transit facility improvement area
24that has been established pursuant to Section 11-74.4-3.3
25without a finding that the area is classified as an industrial
26park conservation area, a blighted area, a conservation area,

 

 

10200SB1140sam001- 53 -LRB102 04967 HLH 24906 a

1or any combination thereof.
2    (q) "Redevelopment project costs", except for
3redevelopment project areas created pursuant to subsection
4(p-1) or (p-2), means and includes the sum total of all
5reasonable or necessary costs incurred or estimated to be
6incurred, and any such costs incidental to a redevelopment
7plan and a redevelopment project. Such costs include, without
8limitation, the following:
9        (1) Costs of studies, surveys, development of plans,
10    and specifications, implementation and administration of
11    the redevelopment plan including but not limited to staff
12    and professional service costs for architectural,
13    engineering, legal, financial, planning or other services,
14    provided however that no charges for professional services
15    may be based on a percentage of the tax increment
16    collected; except that on and after November 1, 1999 (the
17    effective date of Public Act 91-478), no contracts for
18    professional services, excluding architectural and
19    engineering services, may be entered into if the terms of
20    the contract extend beyond a period of 3 years. In
21    addition, "redevelopment project costs" shall not include
22    lobbying expenses. After consultation with the
23    municipality, each tax increment consultant or advisor to
24    a municipality that plans to designate or has designated a
25    redevelopment project area shall inform the municipality
26    in writing of any contracts that the consultant or advisor

 

 

10200SB1140sam001- 54 -LRB102 04967 HLH 24906 a

1    has entered into with entities or individuals that have
2    received, or are receiving, payments financed by tax
3    increment revenues produced by the redevelopment project
4    area with respect to which the consultant or advisor has
5    performed, or will be performing, service for the
6    municipality. This requirement shall be satisfied by the
7    consultant or advisor before the commencement of services
8    for the municipality and thereafter whenever any other
9    contracts with those individuals or entities are executed
10    by the consultant or advisor;
11        (1.5) After July 1, 1999, annual administrative costs
12    shall not include general overhead or administrative costs
13    of the municipality that would still have been incurred by
14    the municipality if the municipality had not designated a
15    redevelopment project area or approved a redevelopment
16    plan;
17        (1.6) The cost of marketing sites within the
18    redevelopment project area to prospective businesses,
19    developers, and investors;
20        (2) Property assembly costs, including but not limited
21    to acquisition of land and other property, real or
22    personal, or rights or interests therein, demolition of
23    buildings, site preparation, site improvements that serve
24    as an engineered barrier addressing ground level or below
25    ground environmental contamination, including, but not
26    limited to parking lots and other concrete or asphalt

 

 

10200SB1140sam001- 55 -LRB102 04967 HLH 24906 a

1    barriers, and the clearing and grading of land;
2        (3) Costs of rehabilitation, reconstruction or repair
3    or remodeling of existing public or private buildings,
4    fixtures, and leasehold improvements; and the cost of
5    replacing an existing public building if pursuant to the
6    implementation of a redevelopment project the existing
7    public building is to be demolished to use the site for
8    private investment or devoted to a different use requiring
9    private investment; including any direct or indirect costs
10    relating to Green Globes or LEED certified construction
11    elements or construction elements with an equivalent
12    certification;
13        (4) Costs of the construction of public works or
14    improvements, including any direct or indirect costs
15    relating to Green Globes or LEED certified construction
16    elements or construction elements with an equivalent
17    certification, except that on and after November 1, 1999,
18    redevelopment project costs shall not include the cost of
19    constructing a new municipal public building principally
20    used to provide offices, storage space, or conference
21    facilities or vehicle storage, maintenance, or repair for
22    administrative, public safety, or public works personnel
23    and that is not intended to replace an existing public
24    building as provided under paragraph (3) of subsection (q)
25    of Section 11-74.4-3 unless either (i) the construction of
26    the new municipal building implements a redevelopment

 

 

10200SB1140sam001- 56 -LRB102 04967 HLH 24906 a

1    project that was included in a redevelopment plan that was
2    adopted by the municipality prior to November 1, 1999,
3    (ii) the municipality makes a reasonable determination in
4    the redevelopment plan, supported by information that
5    provides the basis for that determination, that the new
6    municipal building is required to meet an increase in the
7    need for public safety purposes anticipated to result from
8    the implementation of the redevelopment plan, or (iii) the
9    new municipal public building is for the storage,
10    maintenance, or repair of transit vehicles and is located
11    in a transit facility improvement area that has been
12    established pursuant to Section 11-74.4-3.3;
13        (5) Costs of job training and retraining projects,
14    including the cost of "welfare to work" programs
15    implemented by businesses located within the redevelopment
16    project area;
17        (6) Financing costs, including but not limited to all
18    necessary and incidental expenses related to the issuance
19    of obligations and which may include payment of interest
20    on any obligations issued hereunder including interest
21    accruing during the estimated period of construction of
22    any redevelopment project for which such obligations are
23    issued and for not exceeding 36 months thereafter and
24    including reasonable reserves related thereto;
25        (7) To the extent the municipality by written
26    agreement accepts and approves the same, all or a portion

 

 

10200SB1140sam001- 57 -LRB102 04967 HLH 24906 a

1    of a taxing district's capital costs resulting from the
2    redevelopment project necessarily incurred or to be
3    incurred within a taxing district in furtherance of the
4    objectives of the redevelopment plan and project;
5        (7.5) For redevelopment project areas designated (or
6    redevelopment project areas amended to add or increase the
7    number of tax-increment-financing assisted housing units)
8    on or after November 1, 1999, an elementary, secondary, or
9    unit school district's increased costs attributable to
10    assisted housing units located within the redevelopment
11    project area for which the developer or redeveloper
12    receives financial assistance through an agreement with
13    the municipality or because the municipality incurs the
14    cost of necessary infrastructure improvements within the
15    boundaries of the assisted housing sites necessary for the
16    completion of that housing as authorized by this Act, and
17    which costs shall be paid by the municipality from the
18    Special Tax Allocation Fund when the tax increment revenue
19    is received as a result of the assisted housing units and
20    shall be calculated annually as follows:
21            (A) for foundation districts, excluding any school
22        district in a municipality with a population in excess
23        of 1,000,000, by multiplying the district's increase
24        in attendance resulting from the net increase in new
25        students enrolled in that school district who reside
26        in housing units within the redevelopment project area

 

 

10200SB1140sam001- 58 -LRB102 04967 HLH 24906 a

1        that have received financial assistance through an
2        agreement with the municipality or because the
3        municipality incurs the cost of necessary
4        infrastructure improvements within the boundaries of
5        the housing sites necessary for the completion of that
6        housing as authorized by this Act since the
7        designation of the redevelopment project area by the
8        most recently available per capita tuition cost as
9        defined in Section 10-20.12a of the School Code less
10        any increase in general State aid as defined in
11        Section 18-8.05 of the School Code or evidence-based
12        funding as defined in Section 18-8.15 of the School
13        Code attributable to these added new students subject
14        to the following annual limitations:
15                (i) for unit school districts with a district
16            average 1995-96 Per Capita Tuition Charge of less
17            than $5,900, no more than 25% of the total amount
18            of property tax increment revenue produced by
19            those housing units that have received tax
20            increment finance assistance under this Act;
21                (ii) for elementary school districts with a
22            district average 1995-96 Per Capita Tuition Charge
23            of less than $5,900, no more than 17% of the total
24            amount of property tax increment revenue produced
25            by those housing units that have received tax
26            increment finance assistance under this Act; and

 

 

10200SB1140sam001- 59 -LRB102 04967 HLH 24906 a

1                (iii) for secondary school districts with a
2            district average 1995-96 Per Capita Tuition Charge
3            of less than $5,900, no more than 8% of the total
4            amount of property tax increment revenue produced
5            by those housing units that have received tax
6            increment finance assistance under this Act.
7            (B) For alternate method districts, flat grant
8        districts, and foundation districts with a district
9        average 1995-96 Per Capita Tuition Charge equal to or
10        more than $5,900, excluding any school district with a
11        population in excess of 1,000,000, by multiplying the
12        district's increase in attendance resulting from the
13        net increase in new students enrolled in that school
14        district who reside in housing units within the
15        redevelopment project area that have received
16        financial assistance through an agreement with the
17        municipality or because the municipality incurs the
18        cost of necessary infrastructure improvements within
19        the boundaries of the housing sites necessary for the
20        completion of that housing as authorized by this Act
21        since the designation of the redevelopment project
22        area by the most recently available per capita tuition
23        cost as defined in Section 10-20.12a of the School
24        Code less any increase in general state aid as defined
25        in Section 18-8.05 of the School Code or
26        evidence-based funding as defined in Section 18-8.15

 

 

10200SB1140sam001- 60 -LRB102 04967 HLH 24906 a

1        of the School Code attributable to these added new
2        students subject to the following annual limitations:
3                (i) for unit school districts, no more than
4            40% of the total amount of property tax increment
5            revenue produced by those housing units that have
6            received tax increment finance assistance under
7            this Act;
8                (ii) for elementary school districts, no more
9            than 27% of the total amount of property tax
10            increment revenue produced by those housing units
11            that have received tax increment finance
12            assistance under this Act; and
13                (iii) for secondary school districts, no more
14            than 13% of the total amount of property tax
15            increment revenue produced by those housing units
16            that have received tax increment finance
17            assistance under this Act.
18            (C) For any school district in a municipality with
19        a population in excess of 1,000,000, the following
20        restrictions shall apply to the reimbursement of
21        increased costs under this paragraph (7.5):
22                (i) no increased costs shall be reimbursed
23            unless the school district certifies that each of
24            the schools affected by the assisted housing
25            project is at or over its student capacity;
26                (ii) the amount reimbursable shall be reduced

 

 

10200SB1140sam001- 61 -LRB102 04967 HLH 24906 a

1            by the value of any land donated to the school
2            district by the municipality or developer, and by
3            the value of any physical improvements made to the
4            schools by the municipality or developer; and
5                (iii) the amount reimbursed may not affect
6            amounts otherwise obligated by the terms of any
7            bonds, notes, or other funding instruments, or the
8            terms of any redevelopment agreement.
9        Any school district seeking payment under this
10        paragraph (7.5) shall, after July 1 and before
11        September 30 of each year, provide the municipality
12        with reasonable evidence to support its claim for
13        reimbursement before the municipality shall be
14        required to approve or make the payment to the school
15        district. If the school district fails to provide the
16        information during this period in any year, it shall
17        forfeit any claim to reimbursement for that year.
18        School districts may adopt a resolution waiving the
19        right to all or a portion of the reimbursement
20        otherwise required by this paragraph (7.5). By
21        acceptance of this reimbursement the school district
22        waives the right to directly or indirectly set aside,
23        modify, or contest in any manner the establishment of
24        the redevelopment project area or projects;
25        (7.7) For redevelopment project areas designated (or
26    redevelopment project areas amended to add or increase the

 

 

10200SB1140sam001- 62 -LRB102 04967 HLH 24906 a

1    number of tax-increment-financing assisted housing units)
2    on or after January 1, 2005 (the effective date of Public
3    Act 93-961), a public library district's increased costs
4    attributable to assisted housing units located within the
5    redevelopment project area for which the developer or
6    redeveloper receives financial assistance through an
7    agreement with the municipality or because the
8    municipality incurs the cost of necessary infrastructure
9    improvements within the boundaries of the assisted housing
10    sites necessary for the completion of that housing as
11    authorized by this Act shall be paid to the library
12    district by the municipality from the Special Tax
13    Allocation Fund when the tax increment revenue is received
14    as a result of the assisted housing units. This paragraph
15    (7.7) applies only if (i) the library district is located
16    in a county that is subject to the Property Tax Extension
17    Limitation Law or (ii) the library district is not located
18    in a county that is subject to the Property Tax Extension
19    Limitation Law but the district is prohibited by any other
20    law from increasing its tax levy rate without a prior
21    voter referendum.
22        The amount paid to a library district under this
23    paragraph (7.7) shall be calculated by multiplying (i) the
24    net increase in the number of persons eligible to obtain a
25    library card in that district who reside in housing units
26    within the redevelopment project area that have received

 

 

10200SB1140sam001- 63 -LRB102 04967 HLH 24906 a

1    financial assistance through an agreement with the
2    municipality or because the municipality incurs the cost
3    of necessary infrastructure improvements within the
4    boundaries of the housing sites necessary for the
5    completion of that housing as authorized by this Act since
6    the designation of the redevelopment project area by (ii)
7    the per-patron cost of providing library services so long
8    as it does not exceed $120. The per-patron cost shall be
9    the Total Operating Expenditures Per Capita for the
10    library in the previous fiscal year. The municipality may
11    deduct from the amount that it must pay to a library
12    district under this paragraph any amount that it has
13    voluntarily paid to the library district from the tax
14    increment revenue. The amount paid to a library district
15    under this paragraph (7.7) shall be no more than 2% of the
16    amount produced by the assisted housing units and
17    deposited into the Special Tax Allocation Fund.
18        A library district is not eligible for any payment
19    under this paragraph (7.7) unless the library district has
20    experienced an increase in the number of patrons from the
21    municipality that created the tax-increment-financing
22    district since the designation of the redevelopment
23    project area.
24        Any library district seeking payment under this
25    paragraph (7.7) shall, after July 1 and before September
26    30 of each year, provide the municipality with convincing

 

 

10200SB1140sam001- 64 -LRB102 04967 HLH 24906 a

1    evidence to support its claim for reimbursement before the
2    municipality shall be required to approve or make the
3    payment to the library district. If the library district
4    fails to provide the information during this period in any
5    year, it shall forfeit any claim to reimbursement for that
6    year. Library districts may adopt a resolution waiving the
7    right to all or a portion of the reimbursement otherwise
8    required by this paragraph (7.7). By acceptance of such
9    reimbursement, the library district shall forfeit any
10    right to directly or indirectly set aside, modify, or
11    contest in any manner whatsoever the establishment of the
12    redevelopment project area or projects;
13        (8) Relocation costs to the extent that a municipality
14    determines that relocation costs shall be paid or is
15    required to make payment of relocation costs by federal or
16    State law or in order to satisfy subparagraph (7) of
17    subsection (n);
18        (9) Payment in lieu of taxes;
19        (10) Costs of job training, retraining, advanced
20    vocational education or career education, including but
21    not limited to courses in occupational, semi-technical or
22    technical fields leading directly to employment, incurred
23    by one or more taxing districts, provided that such costs
24    (i) are related to the establishment and maintenance of
25    additional job training, advanced vocational education or
26    career education programs for persons employed or to be

 

 

10200SB1140sam001- 65 -LRB102 04967 HLH 24906 a

1    employed by employers located in a redevelopment project
2    area; and (ii) when incurred by a taxing district or
3    taxing districts other than the municipality, are set
4    forth in a written agreement by or among the municipality
5    and the taxing district or taxing districts, which
6    agreement describes the program to be undertaken,
7    including but not limited to the number of employees to be
8    trained, a description of the training and services to be
9    provided, the number and type of positions available or to
10    be available, itemized costs of the program and sources of
11    funds to pay for the same, and the term of the agreement.
12    Such costs include, specifically, the payment by community
13    college districts of costs pursuant to Sections 3-37,
14    3-38, 3-40 and 3-40.1 of the Public Community College Act
15    and by school districts of costs pursuant to Sections
16    10-22.20a and 10-23.3a of the School Code;
17        (11) Interest cost incurred by a redeveloper related
18    to the construction, renovation or rehabilitation of a
19    redevelopment project provided that:
20            (A) such costs are to be paid directly from the
21        special tax allocation fund established pursuant to
22        this Act;
23            (B) such payments in any one year may not exceed
24        30% of the annual interest costs incurred by the
25        redeveloper with regard to the redevelopment project
26        during that year;

 

 

10200SB1140sam001- 66 -LRB102 04967 HLH 24906 a

1            (C) if there are not sufficient funds available in
2        the special tax allocation fund to make the payment
3        pursuant to this paragraph (11) then the amounts so
4        due shall accrue and be payable when sufficient funds
5        are available in the special tax allocation fund;
6            (D) the total of such interest payments paid
7        pursuant to this Act may not exceed 30% of the total
8        (i) cost paid or incurred by the redeveloper for the
9        redevelopment project plus (ii) redevelopment project
10        costs excluding any property assembly costs and any
11        relocation costs incurred by a municipality pursuant
12        to this Act;
13            (E) the cost limits set forth in subparagraphs (B)
14        and (D) of paragraph (11) shall be modified for the
15        financing of rehabilitated or new housing units for
16        low-income households and very low-income households,
17        as defined in Section 3 of the Illinois Affordable
18        Housing Act. The percentage of 75% shall be
19        substituted for 30% in subparagraphs (B) and (D) of
20        paragraph (11); and
21            (F) instead of the eligible costs provided by
22        subparagraphs (B) and (D) of paragraph (11), as
23        modified by this subparagraph, and notwithstanding any
24        other provisions of this Act to the contrary, the
25        municipality may pay from tax increment revenues up to
26        50% of the cost of construction of new housing units to

 

 

10200SB1140sam001- 67 -LRB102 04967 HLH 24906 a

1        be occupied by low-income households and very
2        low-income households as defined in Section 3 of the
3        Illinois Affordable Housing Act. The cost of
4        construction of those units may be derived from the
5        proceeds of bonds issued by the municipality under
6        this Act or other constitutional or statutory
7        authority or from other sources of municipal revenue
8        that may be reimbursed from tax increment revenues or
9        the proceeds of bonds issued to finance the
10        construction of that housing.
11            The eligible costs provided under this
12        subparagraph (F) of paragraph (11) shall be an
13        eligible cost for the construction, renovation, and
14        rehabilitation of all low and very low-income housing
15        units, as defined in Section 3 of the Illinois
16        Affordable Housing Act, within the redevelopment
17        project area. If the low and very low-income units are
18        part of a residential redevelopment project that
19        includes units not affordable to low and very
20        low-income households, only the low and very
21        low-income units shall be eligible for benefits under
22        this subparagraph (F) of paragraph (11). The standards
23        for maintaining the occupancy by low-income households
24        and very low-income households, as defined in Section
25        3 of the Illinois Affordable Housing Act, of those
26        units constructed with eligible costs made available

 

 

10200SB1140sam001- 68 -LRB102 04967 HLH 24906 a

1        under the provisions of this subparagraph (F) of
2        paragraph (11) shall be established by guidelines
3        adopted by the municipality. The responsibility for
4        annually documenting the initial occupancy of the
5        units by low-income households and very low-income
6        households, as defined in Section 3 of the Illinois
7        Affordable Housing Act, shall be that of the then
8        current owner of the property. For ownership units,
9        the guidelines will provide, at a minimum, for a
10        reasonable recapture of funds, or other appropriate
11        methods designed to preserve the original
12        affordability of the ownership units. For rental
13        units, the guidelines will provide, at a minimum, for
14        the affordability of rent to low and very low-income
15        households. As units become available, they shall be
16        rented to income-eligible tenants. The municipality
17        may modify these guidelines from time to time; the
18        guidelines, however, shall be in effect for as long as
19        tax increment revenue is being used to pay for costs
20        associated with the units or for the retirement of
21        bonds issued to finance the units or for the life of
22        the redevelopment project area, whichever is later;
23        (11.5) If the redevelopment project area is located
24    within a municipality with a population of more than
25    100,000, the cost of day care services for children of
26    employees from low-income families working for businesses

 

 

10200SB1140sam001- 69 -LRB102 04967 HLH 24906 a

1    located within the redevelopment project area and all or a
2    portion of the cost of operation of day care centers
3    established by redevelopment project area businesses to
4    serve employees from low-income families working in
5    businesses located in the redevelopment project area. For
6    the purposes of this paragraph, "low-income families"
7    means families whose annual income does not exceed 80% of
8    the municipal, county, or regional median income, adjusted
9    for family size, as the annual income and municipal,
10    county, or regional median income are determined from time
11    to time by the United States Department of Housing and
12    Urban Development.
13        (12) Costs relating to the development of urban
14    agricultural areas under Division 15.2 of the Illinois
15    Municipal Code.
16    Unless explicitly stated herein the cost of construction
17of new privately-owned buildings shall not be an eligible
18redevelopment project cost.
19    After November 1, 1999 (the effective date of Public Act
2091-478), none of the redevelopment project costs enumerated in
21this subsection shall be eligible redevelopment project costs
22if those costs would provide direct financial support to a
23retail entity initiating operations in the redevelopment
24project area while terminating operations at another Illinois
25location within 10 miles of the redevelopment project area but
26outside the boundaries of the redevelopment project area

 

 

10200SB1140sam001- 70 -LRB102 04967 HLH 24906 a

1municipality. For purposes of this paragraph, termination
2means a closing of a retail operation that is directly related
3to the opening of the same operation or like retail entity
4owned or operated by more than 50% of the original ownership in
5a redevelopment project area, but it does not mean closing an
6operation for reasons beyond the control of the retail entity,
7as documented by the retail entity, subject to a reasonable
8finding by the municipality that the current location
9contained inadequate space, had become economically obsolete,
10or was no longer a viable location for the retailer or
11serviceman.
12    No cost shall be a redevelopment project cost in a
13redevelopment project area if used to demolish, remove, or
14substantially modify a historic resource, after August 26,
152008 (the effective date of Public Act 95-934), unless no
16prudent and feasible alternative exists. "Historic resource"
17for the purpose of this paragraph means (i) a place or
18structure that is included or eligible for inclusion on the
19National Register of Historic Places or (ii) a contributing
20structure in a district on the National Register of Historic
21Places. This paragraph does not apply to a place or structure
22for which demolition, removal, or modification is subject to
23review by the preservation agency of a Certified Local
24Government designated as such by the National Park Service of
25the United States Department of the Interior.
26    If a special service area has been established pursuant to

 

 

10200SB1140sam001- 71 -LRB102 04967 HLH 24906 a

1the Special Service Area Tax Act or Special Service Area Tax
2Law, then any tax increment revenues derived from the tax
3imposed pursuant to the Special Service Area Tax Act or
4Special Service Area Tax Law may be used within the
5redevelopment project area for the purposes permitted by that
6Act or Law as well as the purposes permitted by this Act.
7    (q-1) For redevelopment project areas created pursuant to
8subsection (p-1), redevelopment project costs are limited to
9those costs in paragraph (q) that are related to the existing
10or proposed Regional Transportation Authority Suburban Transit
11Access Route (STAR Line) station.
12    (q-2) For a redevelopment project area located within a
13transit facility improvement area established pursuant to
14Section 11-74.4-3.3, redevelopment project costs means those
15costs described in subsection (q) that are related to the
16construction, reconstruction, rehabilitation, remodeling, or
17repair of any existing or proposed transit facility.
18    (r) "State Sales Tax Boundary" means the redevelopment
19project area or the amended redevelopment project area
20boundaries which are determined pursuant to subsection (9) of
21Section 11-74.4-8a of this Act. The Department of Revenue
22shall certify pursuant to subsection (9) of Section 11-74.4-8a
23the appropriate boundaries eligible for the determination of
24State Sales Tax Increment.
25    (s) "State Sales Tax Increment" means an amount equal to
26the increase in the aggregate amount of taxes paid by

 

 

10200SB1140sam001- 72 -LRB102 04967 HLH 24906 a

1retailers and servicemen, other than retailers and servicemen
2subject to the Public Utilities Act, on transactions at places
3of business located within a State Sales Tax Boundary pursuant
4to the Retailers' Occupation Tax Act, the Use Tax Act, the
5Service Use Tax Act, and the Service Occupation Tax Act,
6except such portion of such increase that is paid into the
7State and Local Sales Tax Reform Fund, the Local Government
8Distributive Fund, the Local Government Tax Fund and the
9County and Mass Transit District Fund, for as long as State
10participation exists, over and above the Initial Sales Tax
11Amounts, Adjusted Initial Sales Tax Amounts or the Revised
12Initial Sales Tax Amounts for such taxes as certified by the
13Department of Revenue and paid under those Acts by retailers
14and servicemen on transactions at places of business located
15within the State Sales Tax Boundary during the base year which
16shall be the calendar year immediately prior to the year in
17which the municipality adopted tax increment allocation
18financing, less 3.0% of such amounts generated under the
19Retailers' Occupation Tax Act, Use Tax Act and Service Use Tax
20Act and the Service Occupation Tax Act, which sum shall be
21appropriated to the Department of Revenue to cover its costs
22of administering and enforcing this Section. For purposes of
23computing the aggregate amount of such taxes for base years
24occurring prior to 1985, the Department of Revenue shall
25compute the Initial Sales Tax Amount for such taxes and deduct
26therefrom an amount equal to 4% of the aggregate amount of

 

 

10200SB1140sam001- 73 -LRB102 04967 HLH 24906 a

1taxes per year for each year the base year is prior to 1985,
2but not to exceed a total deduction of 12%. The amount so
3determined shall be known as the "Adjusted Initial Sales Tax
4Amount". For purposes of determining the State Sales Tax
5Increment the Department of Revenue shall for each period
6subtract from the tax amounts received from retailers and
7servicemen on transactions located in the State Sales Tax
8Boundary, the certified Initial Sales Tax Amounts, Adjusted
9Initial Sales Tax Amounts or Revised Initial Sales Tax Amounts
10for the Retailers' Occupation Tax Act, the Use Tax Act, the
11Service Use Tax Act and the Service Occupation Tax Act. For the
12State Fiscal Year 1989 this calculation shall be made by
13utilizing the calendar year 1987 to determine the tax amounts
14received. For the State Fiscal Year 1990, this calculation
15shall be made by utilizing the period from January 1, 1988,
16until September 30, 1988, to determine the tax amounts
17received from retailers and servicemen, which shall have
18deducted therefrom nine-twelfths of the certified Initial
19Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or the
20Revised Initial Sales Tax Amounts as appropriate. For the
21State Fiscal Year 1991, this calculation shall be made by
22utilizing the period from October 1, 1988, until June 30,
231989, to determine the tax amounts received from retailers and
24servicemen, which shall have deducted therefrom nine-twelfths
25of the certified Initial State Sales Tax Amounts, Adjusted
26Initial Sales Tax Amounts or the Revised Initial Sales Tax

 

 

10200SB1140sam001- 74 -LRB102 04967 HLH 24906 a

1Amounts as appropriate. For every State Fiscal Year
2thereafter, the applicable period shall be the 12 months
3beginning July 1 and ending on June 30, to determine the tax
4amounts received which shall have deducted therefrom the
5certified Initial Sales Tax Amounts, Adjusted Initial Sales
6Tax Amounts or the Revised Initial Sales Tax Amounts.
7Municipalities intending to receive a distribution of State
8Sales Tax Increment must report a list of retailers to the
9Department of Revenue by October 31, 1988 and by July 31, of
10each year thereafter.
11    (t) "Taxing districts" means counties, townships, cities
12and incorporated towns and villages, school, road, park,
13sanitary, mosquito abatement, forest preserve, public health,
14fire protection, river conservancy, tuberculosis sanitarium
15and any other municipal corporations or districts with the
16power to levy taxes.
17    (u) "Taxing districts' capital costs" means those costs of
18taxing districts for capital improvements that are found by
19the municipal corporate authorities to be necessary and
20directly result from the redevelopment project.
21    (v) As used in subsection (a) of Section 11-74.4-3 of this
22Act, "vacant land" means any parcel or combination of parcels
23of real property without industrial, commercial, and
24residential buildings which has not been used for commercial
25agricultural purposes within 5 years prior to the designation
26of the redevelopment project area, unless the parcel is

 

 

10200SB1140sam001- 75 -LRB102 04967 HLH 24906 a

1included in an industrial park conservation area or the parcel
2has been subdivided; provided that if the parcel was part of a
3larger tract that has been divided into 3 or more smaller
4tracts that were accepted for recording during the period from
51950 to 1990, then the parcel shall be deemed to have been
6subdivided, and all proceedings and actions of the
7municipality taken in that connection with respect to any
8previously approved or designated redevelopment project area
9or amended redevelopment project area are hereby validated and
10hereby declared to be legally sufficient for all purposes of
11this Act. For purposes of this Section and only for land
12subject to the subdivision requirements of the Plat Act, land
13is subdivided when the original plat of the proposed
14Redevelopment Project Area or relevant portion thereof has
15been properly certified, acknowledged, approved, and recorded
16or filed in accordance with the Plat Act and a preliminary
17plat, if any, for any subsequent phases of the proposed
18Redevelopment Project Area or relevant portion thereof has
19been properly approved and filed in accordance with the
20applicable ordinance of the municipality.
21    (w) "Annual Total Increment" means the sum of each
22municipality's annual Net Sales Tax Increment and each
23municipality's annual Net Utility Tax Increment. The ratio of
24the Annual Total Increment of each municipality to the Annual
25Total Increment for all municipalities, as most recently
26calculated by the Department, shall determine the proportional

 

 

10200SB1140sam001- 76 -LRB102 04967 HLH 24906 a

1shares of the Illinois Tax Increment Fund to be distributed to
2each municipality.
3    (x) "LEED certified" means any certification level of
4construction elements by a qualified Leadership in Energy and
5Environmental Design Accredited Professional as determined by
6the U.S. Green Building Council.
7    (y) "Green Globes certified" means any certification level
8of construction elements by a qualified Green Globes
9Professional as determined by the Green Building Initiative.
10(Source: P.A. 99-792, eff. 8-12-16; 100-201, eff. 8-18-17;
11100-465, eff. 8-31-17; 100-1133, eff. 1-1-19.)
 
12    (65 ILCS 5/11-74.4-3.5)
13    Sec. 11-74.4-3.5. Completion dates for redevelopment
14projects.
15    (a) Unless otherwise stated in this Section and before
16July 1, 2021, the estimated dates of completion of the
17redevelopment project and retirement of obligations issued to
18finance redevelopment project costs (including refunding bonds
19under Section 11-74.4-7) may not be later than December 31 of
20the year in which the payment to the municipal treasurer, as
21provided in subsection (b) of Section 11-74.4-8 of this Act,
22is to be made with respect to ad valorem taxes levied in the
2323rd calendar year after the year in which the ordinance
24approving the redevelopment project area was adopted if the
25ordinance was adopted on or after January 15, 1981.

 

 

10200SB1140sam001- 77 -LRB102 04967 HLH 24906 a

1    (a-3) After July 1, 2021, the estimated dates of
2completion of the redevelopment project and retirement of
3obligations issued to finance redevelopment project costs
4(including refunding bonds under Section 11-74.4-7) may not be
5later than December 31 of the year in which the payment to the
6municipal treasurer, as provided in subsection (b) of Section
711-74.4-8 of this Act, is to be made with respect to ad valorem
8taxes levied in the 10th calendar year after the year in which
9the ordinance approving the redevelopment project area was
10adopted if the ordinance was adopted on or after July 1, 2021.
11    (a-5) If the redevelopment project area is located within
12a transit facility improvement area established pursuant to
13Section 11-74.4-3, the estimated dates of completion of the
14redevelopment project and retirement of obligations issued to
15finance redevelopment project costs (including refunding bonds
16under Section 11-74.4-7) may not be later than December 31 of
17the year in which the payment to the municipal treasurer, as
18provided in subsection (b) of Section 11-74.4-8 of this Act,
19is to be made with respect to ad valorem taxes levied in the
2035th calendar year after the year in which the ordinance
21approving the redevelopment project area was adopted.
22    (a-7) A municipality may adopt tax increment financing for
23a redevelopment project area located in a transit facility
24improvement area that also includes real property located
25within an existing redevelopment project area established
26prior to August 12, 2016 (the effective date of Public Act

 

 

10200SB1140sam001- 78 -LRB102 04967 HLH 24906 a

199-792). In such case: (i) the provisions of this Division
2shall apply with respect to the previously established
3redevelopment project area until the municipality adopts, as
4required in accordance with applicable provisions of this
5Division, an ordinance dissolving the special tax allocation
6fund for such redevelopment project area and terminating the
7designation of such redevelopment project area as a
8redevelopment project area; and (ii) after the effective date
9of the ordinance described in (i), the provisions of this
10Division shall apply with respect to the subsequently
11established redevelopment project area located in a transit
12facility improvement area.
13    (b) The estimated dates of completion of the redevelopment
14project and retirement of obligations issued to finance
15redevelopment project costs (including refunding bonds under
16Section 11-74.4-7) may not be later than December 31 of the
17year in which the payment to the municipal treasurer as
18provided in subsection (b) of Section 11-74.4-8 of this Act is
19to be made with respect to ad valorem taxes levied in the 32nd
20calendar year after the year in which the ordinance approving
21the redevelopment project area was adopted if the ordinance
22was adopted on September 9, 1999 by the Village of Downs.
23    The estimated dates of completion of the redevelopment
24project and retirement of obligations issued to finance
25redevelopment project costs (including refunding bonds under
26Section 11-74.4-7) may not be later than December 31 of the

 

 

10200SB1140sam001- 79 -LRB102 04967 HLH 24906 a

1year in which the payment to the municipal treasurer as
2provided in subsection (b) of Section 11-74.4-8 of this Act is
3to be made with respect to ad valorem taxes levied in the 33rd
4calendar year after the year in which the ordinance approving
5the redevelopment project area was adopted if the ordinance
6was adopted on May 20, 1985 by the Village of Wheeling.
7    The estimated dates of completion of the redevelopment
8project and retirement of obligations issued to finance
9redevelopment project costs (including refunding bonds under
10Section 11-74.4-7) may not be later than December 31 of the
11year in which the payment to the municipal treasurer as
12provided in subsection (b) of Section 11-74.4-8 of this Act is
13to be made with respect to ad valorem taxes levied in the 28th
14calendar year after the year in which the ordinance approving
15the redevelopment project area was adopted if the ordinance
16was adopted on October 12, 1989 by the City of Lawrenceville.
17    (c) The estimated dates of completion of the redevelopment
18project and retirement of obligations issued to finance
19redevelopment project costs (including refunding bonds under
20Section 11-74.4-7) may not be later than December 31 of the
21year in which the payment to the municipal treasurer as
22provided in subsection (b) of Section 11-74.4-8 of this Act is
23to be made with respect to ad valorem taxes levied (i) in the
2435th calendar year after the year in which the ordinance
25approving the redevelopment project area was adopted through
26June 30, 2021, and (ii) after July 1, 2021, in the 15th

 

 

10200SB1140sam001- 80 -LRB102 04967 HLH 24906 a

1calendar year after the year in which the ordinance approving
2the redevelopment project area was adopted:
3        (1) If the ordinance was adopted before January 15,
4    1981.
5        (2) If the ordinance was adopted in December 1983,
6    April 1984, July 1985, or December 1989.
7        (3) If the ordinance was adopted in December 1987 and
8    the redevelopment project is located within one mile of
9    Midway Airport.
10        (4) If the ordinance was adopted before January 1,
11    1987 by a municipality in Mason County.
12        (5) If the municipality is subject to the Local
13    Government Financial Planning and Supervision Act or the
14    Financially Distressed City Law.
15        (6) If the ordinance was adopted in December 1984 by
16    the Village of Rosemont.
17        (7) If the ordinance was adopted on December 31, 1986
18    by a municipality located in Clinton County for which at
19    least $250,000 of tax increment bonds were authorized on
20    June 17, 1997, or if the ordinance was adopted on December
21    31, 1986 by a municipality with a population in 1990 of
22    less than 3,600 that is located in a county with a
23    population in 1990 of less than 34,000 and for which at
24    least $250,000 of tax increment bonds were authorized on
25    June 17, 1997.
26        (8) If the ordinance was adopted on October 5, 1982 by

 

 

10200SB1140sam001- 81 -LRB102 04967 HLH 24906 a

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

 

 

10200SB1140sam001- 82 -LRB102 04967 HLH 24906 a

1        (21) If the ordinance was adopted on December 23, 1986
2    by the City of Sparta.
3        (22) If the ordinance was adopted on December 23, 1986
4    by the City of Beardstown.
5        (23) If the ordinance was adopted on April 27, 1981,
6    October 21, 1985, or December 30, 1986 by the City of
7    Belleville.
8        (24) If the ordinance was adopted on December 29, 1986
9    by the City of Collinsville.
10        (25) If the ordinance was adopted on September 14,
11    1994 by the City of Alton.
12        (26) If the ordinance was adopted on November 11, 1996
13    by the City of Lexington.
14        (27) If the ordinance was adopted on November 5, 1984
15    by the City of LeRoy.
16        (28) If the ordinance was adopted on April 3, 1991 or
17    June 3, 1992 by the City of Markham.
18        (29) If the ordinance was adopted on November 11, 1986
19    by the City of Pekin.
20        (30) If the ordinance was adopted on December 15, 1981
21    by the City of Champaign.
22        (31) If the ordinance was adopted on December 15, 1986
23    by the City of Urbana.
24        (32) If the ordinance was adopted on December 15, 1986
25    by the Village of Heyworth.
26        (33) If the ordinance was adopted on February 24, 1992

 

 

10200SB1140sam001- 83 -LRB102 04967 HLH 24906 a

1    by the Village of Heyworth.
2        (34) If the ordinance was adopted on March 16, 1995 by
3    the Village of Heyworth.
4        (35) If the ordinance was adopted on December 23, 1986
5    by the Town of Cicero.
6        (36) If the ordinance was adopted on December 30, 1986
7    by the City of Effingham.
8        (37) If the ordinance was adopted on May 9, 1991 by the
9    Village of Tilton.
10        (38) If the ordinance was adopted on October 20, 1986
11    by the City of Elmhurst.
12        (39) If the ordinance was adopted on January 19, 1988
13    by the City of Waukegan.
14        (40) If the ordinance was adopted on September 21,
15    1998 by the City of Waukegan.
16        (41) If the ordinance was adopted on December 31, 1986
17    by the City of Sullivan.
18        (42) If the ordinance was adopted on December 23, 1991
19    by the City of Sullivan.
20        (43) If the ordinance was adopted on December 31, 1986
21    by the City of Oglesby.
22        (44) If the ordinance was adopted on July 28, 1987 by
23    the City of Marion.
24        (45) If the ordinance was adopted on April 23, 1990 by
25    the City of Marion.
26        (46) If the ordinance was adopted on August 20, 1985

 

 

10200SB1140sam001- 84 -LRB102 04967 HLH 24906 a

1    by the Village of Mount Prospect.
2        (47) If the ordinance was adopted on February 2, 1998
3    by the Village of Woodhull.
4        (48) If the ordinance was adopted on April 20, 1993 by
5    the Village of Princeville.
6        (49) If the ordinance was adopted on July 1, 1986 by
7    the City of Granite City.
8        (50) If the ordinance was adopted on February 2, 1989
9    by the Village of Lombard.
10        (51) If the ordinance was adopted on December 29, 1986
11    by the Village of Gardner.
12        (52) If the ordinance was adopted on July 14, 1999 by
13    the Village of Paw Paw.
14        (53) If the ordinance was adopted on November 17, 1986
15    by the Village of Franklin Park.
16        (54) If the ordinance was adopted on November 20, 1989
17    by the Village of South Holland.
18        (55) If the ordinance was adopted on July 14, 1992 by
19    the Village of Riverdale.
20        (56) If the ordinance was adopted on December 29, 1986
21    by the City of Galesburg.
22        (57) If the ordinance was adopted on April 1, 1985 by
23    the City of Galesburg.
24        (58) If the ordinance was adopted on May 21, 1990 by
25    the City of West Chicago.
26        (59) If the ordinance was adopted on December 16, 1986

 

 

10200SB1140sam001- 85 -LRB102 04967 HLH 24906 a

1    by the City of Oak Forest.
2        (60) If the ordinance was adopted in 1999 by the City
3    of Villa Grove.
4        (61) If the ordinance was adopted on January 13, 1987
5    by the Village of Mt. Zion.
6        (62) If the ordinance was adopted on December 30, 1986
7    by the Village of Manteno.
8        (63) If the ordinance was adopted on April 3, 1989 by
9    the City of Chicago Heights.
10        (64) If the ordinance was adopted on January 6, 1999
11    by the Village of Rosemont.
12        (65) If the ordinance was adopted on December 19, 2000
13    by the Village of Stone Park.
14        (66) If the ordinance was adopted on December 22, 1986
15    by the City of DeKalb.
16        (67) If the ordinance was adopted on December 2, 1986
17    by the City of Aurora.
18        (68) If the ordinance was adopted on December 31, 1986
19    by the Village of Milan.
20        (69) If the ordinance was adopted on September 8, 1994
21    by the City of West Frankfort.
22        (70) If the ordinance was adopted on December 23, 1986
23    by the Village of Libertyville.
24        (71) If the ordinance was adopted on December 22, 1986
25    by the Village of Hoffman Estates.
26        (72) If the ordinance was adopted on September 17,

 

 

10200SB1140sam001- 86 -LRB102 04967 HLH 24906 a

1    1986 by the Village of Sherman.
2        (73) If the ordinance was adopted on December 16, 1986
3    by the City of Macomb.
4        (74) If the ordinance was adopted on June 11, 2002 by
5    the City of East Peoria to create the West Washington
6    Street TIF.
7        (75) If the ordinance was adopted on June 11, 2002 by
8    the City of East Peoria to create the Camp Street TIF.
9        (76) If the ordinance was adopted on August 7, 2000 by
10    the City of Des Plaines.
11        (77) If the ordinance was adopted on December 22, 1986
12    by the City of Washington to create the Washington Square
13    TIF #2.
14        (78) If the ordinance was adopted on December 29, 1986
15    by the City of Morris.
16        (79) If the ordinance was adopted on July 6, 1998 by
17    the Village of Steeleville.
18        (80) If the ordinance was adopted on December 29, 1986
19    by the City of Pontiac to create TIF I (the Main St TIF).
20        (81) If the ordinance was adopted on December 29, 1986
21    by the City of Pontiac to create TIF II (the Interstate
22    TIF).
23        (82) If the ordinance was adopted on November 6, 2002
24    by the City of Chicago to create the Madden/Wells TIF
25    District.
26        (83) If the ordinance was adopted on November 4, 1998

 

 

10200SB1140sam001- 87 -LRB102 04967 HLH 24906 a

1    by the City of Chicago to create the Roosevelt/Racine TIF
2    District.
3        (84) If the ordinance was adopted on June 10, 1998 by
4    the City of Chicago to create the Stony Island
5    Commercial/Burnside Industrial Corridors TIF District.
6        (85) If the ordinance was adopted on November 29, 1989
7    by the City of Chicago to create the Englewood Mall TIF
8    District.
9        (86) If the ordinance was adopted on December 27, 1986
10    by the City of Mendota.
11        (87) If the ordinance was adopted on December 31, 1986
12    by the Village of Cahokia.
13        (88) If the ordinance was adopted on September 20,
14    1999 by the City of Belleville.
15        (89) If the ordinance was adopted on December 30, 1986
16    by the Village of Bellevue to create the Bellevue TIF
17    District 1.
18        (90) If the ordinance was adopted on December 13, 1993
19    by the Village of Crete.
20        (91) If the ordinance was adopted on February 12, 2001
21    by the Village of Crete.
22        (92) If the ordinance was adopted on April 23, 2001 by
23    the Village of Crete.
24        (93) If the ordinance was adopted on December 16, 1986
25    by the City of Champaign.
26        (94) If the ordinance was adopted on December 20, 1986

 

 

10200SB1140sam001- 88 -LRB102 04967 HLH 24906 a

1    by the City of Charleston.
2        (95) If the ordinance was adopted on June 6, 1989 by
3    the Village of Romeoville.
4        (96) If the ordinance was adopted on October 14, 1993
5    and amended on August 2, 2010 by the City of Venice.
6        (97) If the ordinance was adopted on June 1, 1994 by
7    the City of Markham.
8        (98) If the ordinance was adopted on May 19, 1998 by
9    the Village of Bensenville.
10        (99) If the ordinance was adopted on November 12, 1987
11    by the City of Dixon.
12        (100) If the ordinance was adopted on December 20,
13    1988 by the Village of Lansing.
14        (101) If the ordinance was adopted on October 27, 1998
15    by the City of Moline.
16        (102) If the ordinance was adopted on May 21, 1991 by
17    the Village of Glenwood.
18        (103) If the ordinance was adopted on January 28, 1992
19    by the City of East Peoria.
20        (104) If the ordinance was adopted on December 14,
21    1998 by the City of Carlyle.
22        (105) If the ordinance was adopted on May 17, 2000, as
23    subsequently amended, by the City of Chicago to create the
24    Midwest Redevelopment TIF District.
25        (106) If the ordinance was adopted on September 13,
26    1989 by the City of Chicago to create the Michigan/Cermak

 

 

10200SB1140sam001- 89 -LRB102 04967 HLH 24906 a

1    Area TIF District.
2        (107) If the ordinance was adopted on March 30, 1992
3    by the Village of Ohio.
4        (108) If the ordinance was adopted on July 6, 1998 by
5    the Village of Orangeville.
6        (109) If the ordinance was adopted on December 16,
7    1997 by the Village of Germantown.
8        (110) If the ordinance was adopted on April 28, 2003
9    by Gibson City.
10        (111) If the ordinance was adopted on December 18,
11    1990 by the Village of Washington Park, but only after the
12    Village of Washington Park becomes compliant with the
13    reporting requirements under subsection (d) of Section
14    11-74.4-5, and after the State Comptroller's certification
15    of such compliance.
16        (112) If the ordinance was adopted on February 28,
17    2000 by the City of Harvey.
18        (113) If the ordinance was adopted on January 11, 1991
19    by the City of Chicago to create the Read/Dunning TIF
20    District.
21        (114) If the ordinance was adopted on July 24, 1991 by
22    the City of Chicago to create the Sanitary and Ship Canal
23    TIF District.
24        (115) If the ordinance was adopted on December 4, 2007
25    by the City of Naperville.
26        (116) If the ordinance was adopted on July 1, 2002 by

 

 

10200SB1140sam001- 90 -LRB102 04967 HLH 24906 a

1    the Village of Arlington Heights.
2        (117) If the ordinance was adopted on February 11,
3    1991 by the Village of Machesney Park.
4        (118) If the ordinance was adopted on December 29,
5    1993 by the City of Ottawa.
6        (119) If the ordinance was adopted on June 4, 1991 by
7    the Village of Lansing.
8        (120) If the ordinance was adopted on February 10,
9    2004 by the Village of Fox Lake.
10        (121) If the ordinance was adopted on December 22,
11    1992 by the City of Fairfield.
12        (122) If the ordinance was adopted on February 10,
13    1992 by the City of Mt. Sterling.
14        (123) If the ordinance was adopted on March 15, 2004
15    by the City of Batavia.
16        (124) If the ordinance was adopted on March 18, 2002
17    by the Village of Lake Zurich.
18        (125) If the ordinance was adopted on September 23,
19    1997 by the City of Granite City.
20        (126) If the ordinance was adopted on May 8, 2013 by
21    the Village of Rosemont to create the Higgins Road/River
22    Road TIF District No. 6.
23        (127) If the ordinance was adopted on November 22,
24    1993 by the City of Arcola.
25        (128) If the ordinance was adopted on September 7,
26    2004 by the City of Arcola.

 

 

10200SB1140sam001- 91 -LRB102 04967 HLH 24906 a

1        (129) If the ordinance was adopted on November 29,
2    1999 by the City of Paris.
3        (130) If the ordinance was adopted on September 20,
4    1994 by the City of Ottawa to create the U.S. Route 6 East
5    Ottawa TIF.
6        (131) If the ordinance was adopted on May 2, 2002 by
7    the Village of Crestwood.
8        (132) If the ordinance was adopted on October 27, 1992
9    by the City of Blue Island.
10        (133) If the ordinance was adopted on December 23,
11    1993 by the City of Lacon.
12        (134) If the ordinance was adopted on May 4, 1998 by
13    the Village of Bradford.
14        (135) If the ordinance was adopted on June 11, 2002 by
15    the City of Oak Forest.
16        (136) If the ordinance was adopted on November 16,
17    1992 by the City of Pinckneyville.
18        (137) If the ordinance was adopted on March 1, 2001 by
19    the Village of South Jacksonville.
20        (138) If the ordinance was adopted on February 26,
21    1992 by the City of Chicago to create the Stockyards
22    Southeast Quadrant TIF District.
23        (139) If the ordinance was adopted on January 25, 1993
24    by the City of LaSalle.
25        (140) If the ordinance was adopted on December 23,
26    1997 by the Village of Dieterich.

 

 

10200SB1140sam001- 92 -LRB102 04967 HLH 24906 a

1        (141) If the ordinance was adopted on February 10,
2    2016 by the Village of Rosemont to create the
3    Balmoral/Pearl TIF No. 8 Tax Increment Financing
4    Redevelopment Project Area.
5        (142) If the ordinance was adopted on June 11, 2002 by
6    the City of Oak Forest.
7        (143) If the ordinance was adopted on January 31, 1995
8    by the Village of Milledgeville.
9        (144) If the ordinance was adopted on February 5, 1996
10    by the Village of Pearl City.
11        (145) If the ordinance was adopted on December 21,
12    1994 by the City of Calumet City.
13        (146) If the ordinance was adopted on May 5, 2003 by
14    the Town of Normal.
15        (147) If the ordinance was adopted on June 2, 1998 by
16    the City of Litchfield.
17        (148) If the ordinance was adopted on October 23, 1995
18    by the City of Marion.
19        (149) If the ordinance was adopted on May 24, 2001 by
20    the Village of Hanover Park.
21        (150) If the ordinance was adopted on May 30, 1995 by
22    the Village of Dalzell.
23        (151) If the ordinance was adopted on April 15, 1997
24    by the City of Edwardsville.
25        (152) If the ordinance was adopted on September 5,
26    1995 by the City of Granite City.

 

 

10200SB1140sam001- 93 -LRB102 04967 HLH 24906 a

1        (153) If the ordinance was adopted on June 21, 1999 by
2    the Village of Table Grove.
3        (154) If the ordinance was adopted on February 23,
4    1995 by the City of Springfield.
5        (155) If the ordinance was adopted on August 11, 1999
6    by the City of Monmouth.
7        (156) If the ordinance was adopted on December 26,
8    1995 by the Village of Posen.
9        (157) If the ordinance was adopted on July 1, 1995 by
10    the Village of Caseyville.
11        (158) If the ordinance was adopted on January 30, 1996
12    by the City of Madison.
13        (159) If the ordinance was adopted on February 2, 1996
14    by the Village of Hartford.
15        (160) If the ordinance was adopted on July 2, 1996 by
16    the Village of Manlius.
17        (161) If the ordinance was adopted on March 21, 2000
18    by the City of Hoopeston.
19        (162) If the ordinance was adopted on March 22, 2005
20    by the City of Hoopeston.
21        (163) If the ordinance was adopted on July 10, 1996 by
22    the City of Chicago to create the Goose Island TIF
23    District.
24        (164) If the ordinance was adopted on December 11,
25    1996 by the City of Chicago to create the Bryn
26    Mawr/Broadway TIF District.

 

 

10200SB1140sam001- 94 -LRB102 04967 HLH 24906 a

1        (165) If the ordinance was adopted on December 31,
2    1995 by the City of Chicago to create the 95th/Western TIF
3    District.
4        (166) If the ordinance was adopted on October 7, 1998
5    by the City of Chicago to create the 71st and Stony Island
6    TIF District.
7        (167) If the ordinance was adopted on April 19, 1995
8    by the Village of North Utica.
9        (168) If the ordinance was adopted on April 22, 1996
10    by the City of LaSalle.
11        (169) If the ordinance was adopted on June 9, 2008 by
12    the City of Country Club Hills.
13        (170) If the ordinance was adopted on July 3, 1996 by
14    the Village of Phoenix.
15        (171) If the ordinance was adopted on May 19, 1997 by
16    the Village of Swansea.
17        (172) If the ordinance was adopted on August 13, 2001
18    by the Village of Saunemin.
19        (173) If the ordinance was adopted on January 10, 2005
20    by the Village of Romeoville.
21        (174) If the ordinance was adopted on January 28, 1997
22    by the City of Berwyn for the South Berwyn Corridor Tax
23    Increment Financing District.
24        (175) If the ordinance was adopted on January 28, 1997
25    by the City of Berwyn for the Roosevelt Road Tax Increment
26    Financing District.

 

 

10200SB1140sam001- 95 -LRB102 04967 HLH 24906 a

1        (176) If the ordinance was adopted on May 3, 2001 by
2    the Village of Hanover Park for the Village Center Tax
3    Increment Financing Redevelopment Project Area (TIF # 3).
4        (177) If the ordinance was adopted on January 1, 1996
5    by the City of Savanna.
6        (178) If the ordinance was adopted on January 28, 2002
7    by the Village of Okawville.
8        (179) If the ordinance was adopted on October 4, 1999
9    by the City of Vandalia.
10        (180) If the ordinance was adopted on June 16, 2003 by
11    the City of Rushville.
12        (181) If the ordinance was adopted on December 7, 1998
13    by the City of Quincy for the Central Business District
14    West Tax Increment Redevelopment Project Area.
15        (182) If the ordinance was adopted on March 27, 1997
16    by the Village of Maywood approving the Roosevelt Road TIF
17    District.
18        (183) If the ordinance was adopted on March 27, 1997
19    by the Village of Maywood approving the Madison
20    Street/Fifth Avenue TIF District.
21        (184) If the ordinance was adopted on November 10,
22    1997 by the Village of Park Forest.
23        (185) If the ordinance was adopted on July 30, 1997 by
24    the City of Chicago to create the Near North TIF district.
25        (186) If the ordinance was adopted on December 1, 2000
26    by the Village of Mahomet.

 

 

10200SB1140sam001- 96 -LRB102 04967 HLH 24906 a

1        (187) If the ordinance was adopted on June 16, 1999 by
2    the Village of Washburn.
3        (188) If the ordinance was adopted on August 19, 1998
4    by the Village of New Berlin.
5    On or after July 1, 2021, before the completion date may be
6extended under this subsection to the 15th calendar year after
7the year in which the ordinance approving the redevelopment
8project area was adopted, the municipality shall request that
9the joint review board convene and issue a written report
10describing its decision whether or not to extend the
11completion date of the redevelopment project area. If the
12joint review board does not file a report, it shall be presumed
13that the taxing bodies approve the extension of the life of the
14redevelopment project area. If both the municipality and the
15joint review board elects to extend the completion date under
16this subsection, the municipality shall give at least 30 days'
17written notice to the taxing bodies before the adoption of the
18ordinance approving the extension of the completion date.
19    (d) For redevelopment project areas for which bonds were
20issued before July 29, 1991, or for which contracts were
21entered into before June 1, 1988, in connection with a
22redevelopment project in the area within the State Sales Tax
23Boundary, the estimated dates of completion of the
24redevelopment project and retirement of obligations to finance
25redevelopment project costs (including refunding bonds under
26Section 11-74.4-7) may be extended by municipal ordinance to

 

 

10200SB1140sam001- 97 -LRB102 04967 HLH 24906 a

1December 31, 2013. The termination procedures of subsection
2(b) of Section 11-74.4-8 are not required for these
3redevelopment project areas in 2009 but are required in 2013.
4The extension allowed by Public Act 87-1272 shall not apply to
5real property tax increment allocation financing under Section
611-74.4-8.
7    (e) Those dates, for purposes of real property tax
8increment allocation financing pursuant to Section 11-74.4-8
9only, shall be not more than 35 years for redevelopment
10project areas that were adopted on or after December 16, 1986
11and for which at least $8 million worth of municipal bonds were
12authorized on or after December 19, 1989 but before January 1,
131990; provided that the municipality elects to extend the life
14of the redevelopment project area to 35 years by the adoption
15of an ordinance after at least 14 but not more than 30 days'
16written notice to the taxing bodies, that would otherwise
17constitute the joint review board for the redevelopment
18project area, before the adoption of the ordinance.
19    (f) Those dates, for purposes of real property tax
20increment allocation financing pursuant to Section 11-74.4-8
21only, shall be not more than 35 years for redevelopment
22project areas that were established on or after December 1,
231981 but before January 1, 1982 and for which at least
24$1,500,000 worth of tax increment revenue bonds were
25authorized on or after September 30, 1990 but before July 1,
261991; provided that the municipality elects to extend the life

 

 

10200SB1140sam001- 98 -LRB102 04967 HLH 24906 a

1of the redevelopment project area to 35 years by the adoption
2of an ordinance after at least 14 but not more than 30 days'
3written notice to the taxing bodies, that would otherwise
4constitute the joint review board for the redevelopment
5project area, before the adoption of the ordinance.
6    (f-5) Those dates, for purposes of real property tax
7increment allocation financing pursuant to Section 11-74.4-8
8only, shall be not more than 47 years for redevelopment
9project areas that were established on December 29, 1981 by
10the City of Springfield; provided that (i) the City of
11Springfield adopts an ordinance extending the life of the
12redevelopment project area to 47 years and (ii) the City of
13Springfield provides notice to the taxing bodies that would
14otherwise constitute the joint review board for the
15redevelopment project area not more than 30 and not less than
1614 days prior to the adoption of that ordinance.
17    (g) In consolidating the material relating to completion
18dates from Sections 11-74.4-3 and 11-74.4-7 into this Section,
19it is not the intent of the General Assembly to make any
20substantive change in the law, except for the extension of the
21completion dates for the City of Aurora, the Village of Milan,
22the City of West Frankfort, the Village of Libertyville, and
23the Village of Hoffman Estates set forth under items (67),
24(68), (69), (70), and (71) of subsection (c) of this Section.
25(Source: P.A. 100-201, eff. 8-18-17; 100-214, eff. 8-18-17;
26100-249, eff. 8-22-17; 100-510, eff. 9-15-17; 100-591, eff.

 

 

10200SB1140sam001- 99 -LRB102 04967 HLH 24906 a

16-21-18; 100-609, eff. 7-17-18; 100-836, eff. 8-13-18;
2100-853, eff. 8-14-18; 100-859, eff. 8-14-18; 100-863, eff.
38-14-18; 100-873, eff. 8-14-18; 100-899, eff. 8-17-18;
4100-928, eff. 8-17-18; 100-967, eff. 8-19-18; 100-1031, eff.
58-22-18; 100-1032, eff. 8-22-18; 100-1164, eff. 12-27-18;
6101-274, eff. 8-9-19; 101-618, eff. 12-20-19; 101-647, eff.
76-26-20.)
 
8    (65 ILCS 5/11-74.4-5)  (from Ch. 24, par. 11-74.4-5)
9    Sec. 11-74.4-5. Public hearing; joint review board.
10    (a) The changes made by this amendatory Act of the 91st
11General Assembly do not apply to a municipality that, (i)
12before the effective date of this amendatory Act of the 91st
13General Assembly, has adopted an ordinance or resolution
14fixing a time and place for a public hearing under this Section
15or (ii) before July 1, 1999, has adopted an ordinance or
16resolution providing for a feasibility study under Section
1711-74.4-4.1, but has not yet adopted an ordinance approving
18redevelopment plans and redevelopment projects or designating
19redevelopment project areas under Section 11-74.4-4, until
20after that municipality adopts an ordinance approving
21redevelopment plans and redevelopment projects or designating
22redevelopment project areas under Section 11-74.4-4;
23thereafter the changes made by this amendatory Act of the 91st
24General Assembly apply to the same extent that they apply to
25redevelopment plans and redevelopment projects that were

 

 

10200SB1140sam001- 100 -LRB102 04967 HLH 24906 a

1approved and redevelopment projects that were designated
2before the effective date of this amendatory Act of the 91st
3General Assembly.
4    Prior to the adoption of an ordinance proposing the
5designation of a redevelopment project area, or approving a
6redevelopment plan or redevelopment project, the municipality
7by its corporate authorities, or as it may determine by any
8commission designated under subsection (k) of Section
911-74.4-4 shall adopt an ordinance or resolution fixing a time
10and place for public hearing. At least 10 days prior to the
11adoption of the ordinance or resolution establishing the time
12and place for the public hearing, the municipality shall make
13available for public inspection a redevelopment plan or a
14separate report that provides in reasonable detail the basis
15for the eligibility of the redevelopment project area. The
16report along with the name of a person to contact for further
17information shall be sent within a reasonable time after the
18adoption of such ordinance or resolution to the affected
19taxing districts by certified mail. On and after the effective
20date of this amendatory Act of the 91st General Assembly, the
21municipality shall print in a newspaper of general circulation
22within the municipality a notice that interested persons may
23register with the municipality in order to receive information
24on the proposed designation of a redevelopment project area or
25the approval of a redevelopment plan. The notice shall state
26the place of registration and the operating hours of that

 

 

10200SB1140sam001- 101 -LRB102 04967 HLH 24906 a

1place. The municipality shall have adopted reasonable rules to
2implement this registration process under Section 11-74.4-4.2.
3The municipality shall provide notice of the availability of
4the redevelopment plan and eligibility report, including how
5to obtain this information, by mail within a reasonable time
6after the adoption of the ordinance or resolution, to all
7residential addresses that, after a good faith effort, the
8municipality determines are located outside the proposed
9redevelopment project area and within 750 feet of the
10boundaries of the proposed redevelopment project area. This
11requirement is subject to the limitation that in a
12municipality with a population of over 100,000, if the total
13number of residential addresses outside the proposed
14redevelopment project area and within 750 feet of the
15boundaries of the proposed redevelopment project area exceeds
16750, the municipality shall be required to provide the notice
17to only the 750 residential addresses that, after a good faith
18effort, the municipality determines are outside the proposed
19redevelopment project area and closest to the boundaries of
20the proposed redevelopment project area. Notwithstanding the
21foregoing, notice given after August 7, 2001 (the effective
22date of Public Act 92-263) and before the effective date of
23this amendatory Act of the 92nd General Assembly to
24residential addresses within 750 feet of the boundaries of a
25proposed redevelopment project area shall be deemed to have
26been sufficiently given in compliance with this Act if given

 

 

10200SB1140sam001- 102 -LRB102 04967 HLH 24906 a

1only to residents outside the boundaries of the proposed
2redevelopment project area. The notice shall also be provided
3by the municipality, regardless of its population, to those
4organizations and residents that have registered with the
5municipality for that information in accordance with the
6registration guidelines established by the municipality under
7Section 11-74.4-4.2.
8    At the public hearing any interested person or affected
9taxing district may file with the municipal clerk written
10objections to and may be heard orally in respect to any issues
11embodied in the notice. The municipality shall hear all
12protests and objections at the hearing and the hearing may be
13adjourned to another date without further notice other than a
14motion to be entered upon the minutes fixing the time and place
15of the subsequent hearing. At the public hearing or at any time
16prior to the adoption by the municipality of an ordinance
17approving a redevelopment plan, the municipality may make
18changes in the redevelopment plan. Changes which (1) add
19additional parcels of property to the proposed redevelopment
20project area, (2) substantially affect the general land uses
21proposed in the redevelopment plan, (3) substantially change
22the nature of or extend the life of the redevelopment project,
23or (4) increase the number of inhabited residential units to
24be displaced from the redevelopment project area, as measured
25from the time of creation of the redevelopment project area,
26to a total of more than 10, shall be made only after the

 

 

10200SB1140sam001- 103 -LRB102 04967 HLH 24906 a

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

 

 

10200SB1140sam001- 104 -LRB102 04967 HLH 24906 a

1local elementary school district and high school district or
2each local community unit school district, park district,
3library district, township, fire protection district, and
4county that will have the authority to directly levy taxes on
5the property within the proposed redevelopment project area at
6the time that the proposed redevelopment project area is
7approved, a representative selected by the municipality and a
8public member. The public member shall first be selected and
9then the board's chairperson shall be selected by a majority
10of the board members present and voting.
11    For redevelopment project areas with redevelopment plans
12or proposed redevelopment plans that would result in the
13displacement of residents from 10 or more inhabited
14residential units or that include 75 or more inhabited
15residential units, the public member shall be a person who
16resides in the redevelopment project area. If, as determined
17by the housing impact study provided for in paragraph (5) of
18subsection (n) of Section 11-74.4-3, or if no housing impact
19study is required then based on other reasonable data, the
20majority of residential units are occupied by very low, low,
21or moderate income households, as defined in Section 3 of the
22Illinois Affordable Housing Act, the public member shall be a
23person who resides in very low, low, or moderate income
24housing within the redevelopment project area. Municipalities
25with fewer than 15,000 residents shall not be required to
26select a person who lives in very low, low, or moderate income

 

 

10200SB1140sam001- 105 -LRB102 04967 HLH 24906 a

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

 

 

10200SB1140sam001- 106 -LRB102 04967 HLH 24906 a

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

 

 

10200SB1140sam001- 107 -LRB102 04967 HLH 24906 a

1project area and redevelopment plan satisfying the plan
2requirements, the eligibility criteria defined in Section
311-74.4-3, and the objectives of this Act.
4    The board shall issue a written report describing why the
5redevelopment plan and project area or the amendment thereof
6meets or fails to meet one or more of the objectives of this
7Act and both the plan requirements and the eligibility
8criteria defined in Section 11-74.4-3. In the event the Board
9does not file a report it shall be presumed that these taxing
10bodies find the redevelopment project area and redevelopment
11plan satisfy the objectives of this Act and the plan
12requirements and eligibility criteria.
13    If the board recommends rejection of the matters before
14it, the municipality will have 30 days within which to
15resubmit the plan or amendment. During this period, the
16municipality will meet and confer with the board and attempt
17to resolve those issues set forth in the board's written
18report that led to the rejection of the plan or amendment.
19    Notwithstanding the resubmission set forth above, the
20municipality may commence the scheduled public hearing and
21either adjourn the public hearing or continue the public
22hearing until a date certain. Prior to continuing any public
23hearing to a date certain, the municipality shall announce
24during the public hearing the time, date, and location for the
25reconvening of the public hearing. Any changes to the
26redevelopment plan necessary to satisfy the issues set forth

 

 

10200SB1140sam001- 108 -LRB102 04967 HLH 24906 a

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

 

 

10200SB1140sam001- 109 -LRB102 04967 HLH 24906 a

1102nd General Assembly, a new redevelopment project area that
2overlaps with any existing redevelopment project area or an
3expansion of a redevelopment project area so that the expanded
4area will overlap with any existing redevelopment project area
5may not be approved.
6    (c) After a municipality has by ordinance approved a
7redevelopment plan and designated a redevelopment project
8area, the plan may be amended and additional properties may be
9added to the redevelopment project area only as herein
10provided. Amendments which (1) add additional parcels of
11property to the proposed redevelopment project area, (2)
12substantially affect the general land uses proposed in the
13redevelopment plan, (3) substantially change the nature of the
14redevelopment project, (4) increase the total estimated
15redevelopment project costs set out in the redevelopment plan
16by more than 5% after adjustment for inflation from the date
17the plan was adopted, (5) add additional redevelopment project
18costs to the itemized list of redevelopment project costs set
19out in the redevelopment plan, or (6) increase the number of
20inhabited residential units to be displaced from the
21redevelopment project area, as measured from the time of
22creation of the redevelopment project area, to a total of more
23than 10, shall be made only after the municipality gives
24notice, convenes a joint review board, and conducts a public
25hearing pursuant to the procedures set forth in this Section
26and in Section 11-74.4-6 of this Act. Changes which do not (1)

 

 

10200SB1140sam001- 110 -LRB102 04967 HLH 24906 a

1add additional parcels of property to the proposed
2redevelopment project area, (2) substantially affect the
3general land uses proposed in the redevelopment plan, (3)
4substantially change the nature of the redevelopment project,
5(4) increase the total estimated redevelopment project cost
6set out in the redevelopment plan by more than 5% after
7adjustment for inflation from the date the plan was adopted,
8(5) add additional redevelopment project costs to the itemized
9list of redevelopment project costs set out in the
10redevelopment plan, or (6) increase the number of inhabited
11residential units to be displaced from the redevelopment
12project area, as measured from the time of creation of the
13redevelopment project area, to a total of more than 10, may be
14made without further public hearing and related notices and
15procedures including the convening of a joint review board as
16set forth in Section 11-74.4-6 of this Act, provided that the
17municipality shall give notice of any such changes by mail to
18each affected taxing district and registrant on the interested
19parties registry, provided for under Section 11-74.4-4.2, and
20by publication in a newspaper of general circulation within
21the affected taxing district. Such notice by mail and by
22publication shall each occur not later than 10 days following
23the adoption by ordinance of such changes.
24    (d) After the effective date of this amendatory Act of the
2591st General Assembly, a municipality shall submit in an
26electronic format the following information for each

 

 

10200SB1140sam001- 111 -LRB102 04967 HLH 24906 a

1redevelopment project area (i) to the State Comptroller under
2Section 8-8-3.5 of the Illinois Municipal Code, subject to any
3extensions or exemptions provided at the Comptroller's
4discretion under that Section, and (ii) to all taxing
5districts overlapping the redevelopment project area no later
6than 180 days after the close of each municipal fiscal year or
7as soon thereafter as the audited financial statements become
8available and, in any case, shall be submitted before the
9annual meeting of the Joint Review Board to each of the taxing
10districts that overlap the redevelopment project area:
11        (1) Any amendments to the redevelopment plan, the
12    redevelopment project area, or the State Sales Tax
13    Boundary.
14        (1.5) A list of the redevelopment project areas
15    administered by the municipality and, if applicable, the
16    date each redevelopment project area was designated or
17    terminated by the municipality.
18        (2) Audited financial statements of the special tax
19    allocation fund once a cumulative total of $100,000 has
20    been deposited in the fund.
21        (3) Certification of the Chief Executive Officer of
22    the municipality that the municipality has complied with
23    all of the requirements of this Act during the preceding
24    fiscal year.
25        (4) An opinion of legal counsel that the municipality
26    is in compliance with this Act.

 

 

10200SB1140sam001- 112 -LRB102 04967 HLH 24906 a

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

 

 

10200SB1140sam001- 113 -LRB102 04967 HLH 24906 a

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

 

 

10200SB1140sam001- 114 -LRB102 04967 HLH 24906 a

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

 

 

10200SB1140sam001- 115 -LRB102 04967 HLH 24906 a

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

 

 

10200SB1140sam001- 116 -LRB102 04967 HLH 24906 a

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

 

 

10200SB1140sam001- 117 -LRB102 04967 HLH 24906 a

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

 

 

10200SB1140sam001- 118 -LRB102 04967 HLH 24906 a

1evaluation or performance data. Within 30 days after the
2municipality compiles the status report, the municipality must
3hold at least one public hearing concerning the report. The
4municipality must provide 20 days' public notice of the
5hearing.
6    (j) Beginning in fiscal year 2011 and in each fiscal year
7thereafter, a municipality must detail in its annual budget
8(i) the revenues generated from redevelopment project areas by
9source and (ii) the expenditures made by the municipality for
10redevelopment project areas.
11(Source: P.A. 98-922, eff. 8-15-14.)
 
12    (65 ILCS 5/11-74.4-7)  (from Ch. 24, par. 11-74.4-7)
13    Sec. 11-74.4-7. Obligations secured by the special tax
14allocation fund set forth in Section 11-74.4-8 for the
15redevelopment project area may be issued to provide for
16redevelopment project costs. Such obligations, when so issued,
17shall be retired in the manner provided in the ordinance
18authorizing the issuance of such obligations by the receipts
19of taxes levied as specified in Section 11-74.4-9 against the
20taxable property included in the area, by revenues as
21specified by Section 11-74.4-8a and other revenue designated
22by the municipality. A municipality may in the ordinance
23pledge all or any part of the funds in and to be deposited in
24the special tax allocation fund created pursuant to Section
2511-74.4-8 to the payment of the redevelopment project costs

 

 

10200SB1140sam001- 119 -LRB102 04967 HLH 24906 a

1and obligations. Any pledge of funds in the special tax
2allocation fund shall provide for distribution to the taxing
3districts and to the Illinois Department of Revenue of moneys
4not required, pledged, earmarked, or otherwise designated for
5payment and securing of the obligations and anticipated
6redevelopment project costs and such excess funds shall be
7calculated annually and deemed to be "surplus" funds. In the
8event a municipality only applies or pledges a portion of the
9funds in the special tax allocation fund for the payment or
10securing of anticipated redevelopment project costs or of
11obligations, any such funds remaining in the special tax
12allocation fund after complying with the requirements of the
13application or pledge, shall also be calculated annually and
14deemed "surplus" funds. The joint review board and the
15municipality shall review all funds in the special tax
16allocation fund and shall designate and approve surplus funds
17no later than 30 days after the close of the municipality's
18fiscal year. The joint review board and municipality shall
19issue a joint written report describing why they designated
20certain funds surplus funds and why other funds were not
21designated surplus funds under the requirements of this
22paragraph. All surplus funds in the special tax allocation
23fund shall be distributed annually within 90 180 days after
24the close of the municipality's fiscal year, but not before
25the joint written report is issued under this paragraph, by
26being paid by the municipal treasurer to the County Collector,

 

 

10200SB1140sam001- 120 -LRB102 04967 HLH 24906 a

1to the Department of Revenue and to the municipality in direct
2proportion to the tax incremental revenue received as a result
3of an increase in the equalized assessed value of property in
4the redevelopment project area, tax incremental revenue
5received from the State and tax incremental revenue received
6from the municipality, but not to exceed as to each such source
7the total incremental revenue received from that source. The
8County Collector shall thereafter make distribution to the
9respective taxing districts in the same manner and proportion
10as the most recent distribution by the county collector to the
11affected districts of real property taxes from real property
12in the redevelopment project area.
13    Without limiting the foregoing in this Section, the
14municipality may in addition to obligations secured by the
15special tax allocation fund pledge for a period not greater
16than the term of the obligations towards payment of such
17obligations any part or any combination of the following: (a)
18net revenues of all or part of any redevelopment project; (b)
19taxes levied and collected on any or all property in the
20municipality; (c) the full faith and credit of the
21municipality; (d) a mortgage on part or all of the
22redevelopment project; (d-5) repayment of bonds issued
23pursuant to subsection (p-130) of Section 19-1 of the School
24Code; or (e) any other taxes or anticipated receipts that the
25municipality may lawfully pledge.
26    Such obligations may be issued in one or more series

 

 

10200SB1140sam001- 121 -LRB102 04967 HLH 24906 a

1bearing interest at such rate or rates as the corporate
2authorities of the municipality shall determine by ordinance.
3Such obligations shall bear such date or dates, mature at such
4time or times not exceeding 20 years from their respective
5dates, be in such denomination, carry such registration
6privileges, be executed in such manner, be payable in such
7medium of payment at such place or places, contain such
8covenants, terms and conditions, and be subject to redemption
9as such ordinance shall provide. Obligations issued pursuant
10to this Act may be sold at public or private sale at such price
11as shall be determined by the corporate authorities of the
12municipalities. No referendum approval of the electors shall
13be required as a condition to the issuance of obligations
14pursuant to this Division except as provided in this Section.
15    In the event the municipality authorizes issuance of
16obligations pursuant to the authority of this Division secured
17by the full faith and credit of the municipality, which
18obligations are other than obligations which may be issued
19under home rule powers provided by Article VII, Section 6 of
20the Illinois Constitution, or pledges taxes pursuant to (b) or
21(c) of the second paragraph of this section, the ordinance
22authorizing the issuance of such obligations or pledging such
23taxes shall be published within 10 days after such ordinance
24has been passed in one or more newspapers, with general
25circulation within such municipality. The publication of the
26ordinance shall be accompanied by a notice of (1) the specific

 

 

10200SB1140sam001- 122 -LRB102 04967 HLH 24906 a

1number of voters required to sign a petition requesting the
2question of the issuance of such obligations or pledging taxes
3to be submitted to the electors; (2) the time in which such
4petition must be filed; and (3) the date of the prospective
5referendum. The municipal clerk shall provide a petition form
6to any individual requesting one.
7    If no petition is filed with the municipal clerk, as
8hereinafter provided in this Section, within 30 days after the
9publication of the ordinance, the ordinance shall be in
10effect. But, if within that 30 day period a petition is filed
11with the municipal clerk, signed by electors in the
12municipality numbering 10% or more of the number of registered
13voters in the municipality, asking that the question of
14issuing obligations using full faith and credit of the
15municipality as security for the cost of paying for
16redevelopment project costs, or of pledging taxes for the
17payment of such obligations, or both, be submitted to the
18electors of the municipality, the corporate authorities of the
19municipality shall call a special election in the manner
20provided by law to vote upon that question, or, if a general,
21State or municipal election is to be held within a period of
22not less than 30 or more than 90 days from the date such
23petition is filed, shall submit the question at the next
24general, State or municipal election. If it appears upon the
25canvass of the election by the corporate authorities that a
26majority of electors voting upon the question voted in favor

 

 

10200SB1140sam001- 123 -LRB102 04967 HLH 24906 a

1thereof, the ordinance shall be in effect, but if a majority of
2the electors voting upon the question are not in favor
3thereof, the ordinance shall not take effect.
4    The ordinance authorizing the obligations may provide that
5the obligations shall contain a recital that they are issued
6pursuant to this Division, which recital shall be conclusive
7evidence of their validity and of the regularity of their
8issuance.
9    In the event the municipality authorizes issuance of
10obligations pursuant to this Section secured by the full faith
11and credit of the municipality, the ordinance authorizing the
12obligations may provide for the levy and collection of a
13direct annual tax upon all taxable property within the
14municipality sufficient to pay the principal thereof and
15interest thereon as it matures, which levy may be in addition
16to and exclusive of the maximum of all other taxes authorized
17to be levied by the municipality, which levy, however, shall
18be abated to the extent that monies from other sources are
19available for payment of the obligations and the municipality
20certifies the amount of said monies available to the county
21clerk.
22    A certified copy of such ordinance shall be filed with the
23county clerk of each county in which any portion of the
24municipality is situated, and shall constitute the authority
25for the extension and collection of the taxes to be deposited
26in the special tax allocation fund.

 

 

10200SB1140sam001- 124 -LRB102 04967 HLH 24906 a

1    A municipality may also issue its obligations to refund in
2whole or in part, obligations theretofore issued by such
3municipality under the authority of this Act, whether at or
4prior to maturity, provided however, that the last maturity of
5the refunding obligations may not be later than the dates set
6forth under Section 11-74.4-3.5.
7    In the event a municipality issues obligations under home
8rule powers or other legislative authority the proceeds of
9which are pledged to pay for redevelopment project costs, the
10municipality may, if it has followed the procedures in
11conformance with this division, retire said obligations from
12funds in the special tax allocation fund in amounts and in such
13manner as if such obligations had been issued pursuant to the
14provisions of this division.
15    All obligations heretofore or hereafter issued pursuant to
16this Act shall not be regarded as indebtedness of the
17municipality issuing such obligations or any other taxing
18district for the purpose of any limitation imposed by law.
19(Source: P.A. 100-531, eff. 9-22-17.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law, except that Section 10 takes effect on January
221, 2022.".