97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5774

 

Introduced 2/16/2012, by Rep. Robert Rita

 

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

    Amends the Tax Increment Allocation Redevelopment Act in the Illinois Municipal Code. Provides that after the approval by ordinance of a redevelopment plan and designation of redevelopment project area, the plan may be amended and additional properties may be added to the redevelopment project area without notice, a meeting of the joint review board, or a public hearing if (i) the amendment adds additional properties that include dilapidated public bridges owned by the municipality and (ii) the municipality approves the amendment by ordinance before October 1, 2012. Sets forth requirements concerning notice of the changes. Effective immediately.


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A BILL FOR

 

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1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by
5changing Section 11-74.4-5 as follows:
 
6    (65 ILCS 5/11-74.4-5)  (from Ch. 24, par. 11-74.4-5)
7    Sec. 11-74.4-5. Public hearing; joint review board.
8    (a) The changes made by this amendatory Act of the 91st
9General Assembly do not apply to a municipality that, (i)
10before the effective date of this amendatory Act of the 91st
11General Assembly, has adopted an ordinance or resolution fixing
12a time and place for a public hearing under this Section or
13(ii) before July 1, 1999, has adopted an ordinance or
14resolution providing for a feasibility study under Section
1511-74.4-4.1, but has not yet adopted an ordinance approving
16redevelopment plans and redevelopment projects or designating
17redevelopment project areas under Section 11-74.4-4, until
18after that municipality adopts an ordinance approving
19redevelopment plans and redevelopment projects or designating
20redevelopment project areas under Section 11-74.4-4;
21thereafter the changes made by this amendatory Act of the 91st
22General Assembly apply to the same extent that they apply to
23redevelopment plans and redevelopment projects that were

 

 

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1approved and redevelopment projects that were designated
2before the effective date of this amendatory Act of the 91st
3General Assembly.
4    Prior to the adoption of an ordinance proposing the
5designation of a redevelopment project area, or approving a
6redevelopment plan or redevelopment project, the municipality
7by its corporate authorities, or as it may determine by any
8commission designated under subsection (k) of Section
911-74.4-4 shall adopt an ordinance or resolution fixing a time
10and place for public hearing. 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 taxing
19districts by certified mail. On and after the effective date of
20this 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

 

 

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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 to
5obtain this information, by mail within a reasonable time after
6the adoption of the ordinance or resolution, to all residential
7addresses that, after a good faith effort, the municipality
8determines are located outside the proposed redevelopment
9project area and within 750 feet of the boundaries of the
10proposed redevelopment project area. This requirement is
11subject to the limitation that in a municipality with a
12population of over 100,000, if the total number of residential
13addresses outside the proposed redevelopment project area and
14within 750 feet of the boundaries of the proposed redevelopment
15project area exceeds 750, the municipality shall be required to
16provide the notice to only the 750 residential addresses that,
17after a good faith effort, the municipality determines are
18outside the proposed redevelopment project area and closest to
19the boundaries of the proposed redevelopment project area.
20Notwithstanding the foregoing, notice given after August 7,
212001 (the effective date of Public Act 92-263) and before the
22effective date of this amendatory Act of the 92nd General
23Assembly to residential addresses within 750 feet of the
24boundaries of a proposed redevelopment project area shall be
25deemed to have been sufficiently given in compliance with this
26Act if given only to residents outside the boundaries of the

 

 

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

 

 

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

 

 

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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 of
10the 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 residential
14units or that include 75 or more inhabited residential units,
15the public member shall be a person who resides in the
16redevelopment project area. If, as determined by the housing
17impact study provided for in paragraph (5) of subsection (n) of
18Section 11-74.4-3, or if no housing impact study is required
19then based on other reasonable data, the majority of
20residential units are occupied by very low, low, or moderate
21income households, as defined in Section 3 of the Illinois
22Affordable Housing Act, the public member shall be a person who
23resides in very low, low, or moderate income housing within the
24redevelopment project area. Municipalities with fewer than
2515,000 residents shall not be required to select a person who
26lives in very low, low, or moderate income housing within the

 

 

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1redevelopment project area, provided that the redevelopment
2plan or project will not result in displacement of residents
3from 10 or more inhabited units, and the municipality so
4certifies in the plan. If no person satisfying these
5requirements is available or if no qualified person will serve
6as the public member, then the joint review board is relieved
7of this paragraph's selection requirements for the public
8member.
9    Within 90 days of the effective date of this amendatory Act
10of the 91st General Assembly, each municipality that designated
11a redevelopment project area for which it was not required to
12convene a joint review board under this Section shall convene a
13joint review board to perform the duties specified under
14paragraph (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 deemed
24to be in compliance with the notice, meeting, and public
25hearing provisions of the Act. Such notice shall also advise
26the taxing bodies represented on the joint review board of the

 

 

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1time and place of the first meeting of the board. Additional
2meetings of the board shall be held upon the call of any
3member. 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

 

 

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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 criteria
8defined in Section 11-74.4-3. In the event the Board does not
9file a report it shall be presumed that these taxing bodies
10find the redevelopment project area and redevelopment plan
11satisfy the objectives of this Act and the plan requirements
12and eligibility criteria.
13    If the board recommends rejection of the matters before it,
14the municipality will have 30 days within which to resubmit the
15plan or amendment. During this period, the municipality will
16meet and confer with the board and attempt to resolve those
17issues set forth in the board's written report that led to the
18rejection 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 in

 

 

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1the joint review board report shall be the subject of a public
2hearing before the hearing is adjourned if the changes would
3(1) substantially affect the general land uses proposed in the
4redevelopment plan, (2) substantially change the nature of or
5extend the life of the redevelopment project, or (3) increase
6the number of inhabited residential units to be displaced from
7the redevelopment project area, as measured from the time of
8creation of the redevelopment project area, to a total of more
9than 10. Changes to the redevelopment plan necessary to satisfy
10the issues set forth in the joint review board report shall not
11require any further notice or convening of a joint review board
12meeting, except that any changes to the redevelopment plan that
13would add additional parcels of property to the proposed
14redevelopment project area shall be subject to the notice,
15public hearing, and joint review board meeting requirements
16established for such changes by subsection (a) of Section
1711-74.4-5.
18    In the event that the municipality and the board are unable
19to 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 responsible
23for approval of the plan or amendment, excluding positions of
24members that are vacant and those members that are ineligible
25to vote because of conflicts of interest.
26    (c) After a municipality has by ordinance approved a

 

 

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

 

 

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1redevelopment plan by more than 5% after adjustment for
2inflation from the date the plan was adopted, (5) add
3additional redevelopment project costs to the itemized list of
4redevelopment project costs set out in the redevelopment plan,
5or (6) increase the number of inhabited residential units to be
6displaced from the redevelopment project area, as measured from
7the time of creation of the redevelopment project area, to a
8total of more than 10, may be made without further public
9hearing and related notices and procedures including the
10convening of a joint review board as set forth in Section
1111-74.4-6 of this Act, provided that the municipality shall
12give notice of any such changes by mail to each affected taxing
13district and registrant on the interested parties registry,
14provided for under Section 11-74.4-4.2, and by publication in a
15newspaper of general circulation within the affected taxing
16district. Such notice by mail and by publication shall each
17occur not later than 10 days following the adoption by
18ordinance of such changes.
19    (c-1) After a municipality has by ordinance approved a
20redevelopment plan and designated a redevelopment project
21area, the plan may be amended and additional properties may be
22added to the redevelopment project area without notice, a
23meeting of the joint review board, or a public hearing if (i)
24the amendment adds additional properties that include
25dilapidated public bridges that are owned by the municipality
26and (ii) the municipality approves the amendment by ordinance

 

 

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1before October 1, 2012. The municipality shall give notice of
2any changes by mail to each affected taxing district and
3registrant on the interested parties registry, provided for
4under Section 11-74.4-4.2, and by publication in a newspaper of
5general circulation within the affected taxing district. The
6notices by mail and by publication shall each occur not later
7than 10 days after the adoption by ordinance of the changes.
8    (d) After the effective date of this amendatory Act of the
991st General Assembly, a municipality shall submit in an
10electronic format the following information for each
11redevelopment project area (i) to the State Comptroller under
12Section 8-8-3.5 of the Illinois Municipal Code and (ii) to all
13taxing districts overlapping the redevelopment project area no
14later than 180 days after the close of each municipal fiscal
15year or as soon thereafter as the audited financial statements
16become available and, in any case, shall be submitted before
17the annual meeting of the Joint Review Board to each of the
18taxing districts that overlap the redevelopment project area:
19        (1) Any amendments to the redevelopment plan, the
20    redevelopment project area, or the State Sales Tax
21    Boundary.
22        (1.5) A list of the redevelopment project areas
23    administered by the municipality and, if applicable, the
24    date each redevelopment project area was designated or
25    terminated by the municipality.
26        (2) Audited financial statements of the special tax

 

 

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1    allocation fund once a cumulative total of $100,000 has
2    been deposited in the fund.
3        (3) Certification of the Chief Executive Officer of the
4    municipality that the municipality has complied with all of
5    the requirements of this Act during the preceding fiscal
6    year.
7        (4) An opinion of legal counsel that the municipality
8    is in compliance with this Act.
9        (5) An analysis of the special tax allocation fund
10    which sets forth:
11            (A) the balance in the special tax allocation fund
12        at the beginning of the fiscal year;
13            (B) all amounts deposited in the special tax
14        allocation fund by source;
15            (C) an itemized list of all expenditures from the
16        special tax allocation fund by category of permissible
17        redevelopment project cost; and
18            (D) the balance in the special tax allocation fund
19        at the end of the fiscal year including a breakdown of
20        that balance by source and a breakdown of that balance
21        identifying any portion of the balance that is
22        required, pledged, earmarked, or otherwise designated
23        for payment of or securing of obligations and
24        anticipated redevelopment project costs. Any portion
25        of such ending balance that has not been identified or
26        is not identified as being required, pledged,

 

 

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1        earmarked, or otherwise designated for payment of or
2        securing of obligations or anticipated redevelopment
3        projects costs shall be designated as surplus as set
4        forth in Section 11-74.4-7 hereof.
5        (6) A description of all property purchased by the
6    municipality within the redevelopment project area
7    including:
8            (A) Street address.
9            (B) Approximate size or description of property.
10            (C) Purchase price.
11            (D) Seller of property.
12        (7) A statement setting forth all activities
13    undertaken in furtherance of the objectives of the
14    redevelopment plan, including:
15            (A) Any project implemented in the preceding
16        fiscal year.
17            (B) A description of the redevelopment activities
18        undertaken.
19            (C) A description of any agreements entered into by
20        the municipality with regard to the disposition or
21        redevelopment of any property within the redevelopment
22        project area or the area within the State Sales Tax
23        Boundary.
24            (D) Additional information on the use of all funds
25        received under this Division and steps taken by the
26        municipality to achieve the objectives of the

 

 

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1        redevelopment plan.
2            (E) Information regarding contracts that the
3        municipality's tax increment advisors or consultants
4        have entered into with entities or persons that have
5        received, or are receiving, payments financed by tax
6        increment revenues produced by the same redevelopment
7        project area.
8            (F) Any reports submitted to the municipality by
9        the joint review board.
10            (G) A review of public and, to the extent possible,
11        private investment actually undertaken to date after
12        the effective date of this amendatory Act of the 91st
13        General Assembly and estimated to be undertaken during
14        the following year. This review shall, on a
15        project-by-project basis, set forth the estimated
16        amounts of public and private investment incurred
17        after the effective date of this amendatory Act of the
18        91st General Assembly and provide the ratio of private
19        investment to public investment to the date of the
20        report and as estimated to the completion of the
21        redevelopment project.
22        (8) With regard to any obligations issued by the
23    municipality:
24            (A) copies of any official statements; and
25            (B) an analysis prepared by financial advisor or
26        underwriter setting forth: (i) nature and term of

 

 

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1        obligation; and (ii) projected debt service including
2        required reserves and debt coverage.
3        (9) For special tax allocation funds that have
4    experienced cumulative deposits of incremental tax
5    revenues of $100,000 or more, a certified audit report
6    reviewing compliance with this Act performed by an
7    independent public accountant certified and licensed by
8    the authority of the State of Illinois. The financial
9    portion of the audit must be conducted in accordance with
10    Standards for Audits of Governmental Organizations,
11    Programs, Activities, and Functions adopted by the
12    Comptroller General of the United States (1981), as
13    amended, or the standards specified by Section 8-8-5 of the
14    Illinois Municipal Auditing Law of the Illinois Municipal
15    Code. The audit report shall contain a letter from the
16    independent certified public accountant indicating
17    compliance or noncompliance with the requirements of
18    subsection (q) of Section 11-74.4-3. For redevelopment
19    plans or projects that would result in the displacement of
20    residents from 10 or more inhabited residential units or
21    that contain 75 or more inhabited residential units, notice
22    of the availability of the information, including how to
23    obtain the report, required in this subsection shall also
24    be sent by mail to all residents or organizations that
25    operate in the municipality that register with the
26    municipality for that information according to

 

 

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1    registration procedures adopted under Section 11-74.4-4.2.
2    All municipalities are subject to this provision.
3        (10) A list of all intergovernmental agreements in
4    effect during the fiscal year to which the municipality is
5    a party and an accounting of any moneys transferred or
6    received by the municipality during that fiscal year
7    pursuant to those intergovernmental agreements.
8    (d-1) Prior to the effective date of this amendatory Act of
9the 91st General Assembly, municipalities with populations of
10over 1,000,000 shall, after adoption of a redevelopment plan or
11project, make available upon request to any taxing district in
12which the redevelopment project area is located the following
13information:
14        (1) Any amendments to the redevelopment plan, the
15    redevelopment project area, or the State Sales Tax
16    Boundary; and
17        (2) In connection with any redevelopment project area
18    for which the municipality has outstanding obligations
19    issued to provide for redevelopment project costs pursuant
20    to Section 11-74.4-7, audited financial statements of the
21    special tax allocation fund.
22    (e) The joint review board shall meet annually 180 days
23after the close of the municipal fiscal year or as soon as the
24redevelopment project audit for that fiscal year becomes
25available to review the effectiveness and status of the
26redevelopment project area up to that date.

 

 

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1    (f) (Blank).
2    (g) In the event that a municipality has held a public
3hearing under this Section prior to March 14, 1994 (the
4effective date of Public Act 88-537), the requirements imposed
5by Public Act 88-537 relating to the method of fixing the time
6and place for public hearing, the materials and information
7required to be made available for public inspection, and the
8information required to be sent after adoption of an ordinance
9or resolution fixing a time and place for public hearing shall
10not be applicable.
11    (h) On and after the effective date of this amendatory Act
12of the 96th General Assembly, the State Comptroller must post
13on the State Comptroller's official website the information
14submitted by a municipality pursuant to subsection (d) of this
15Section. The information must be posted no later than 45 days
16after the State Comptroller receives the information from the
17municipality. The State Comptroller must also post a list of
18the municipalities not in compliance with the reporting
19requirements set forth in subsection (d) of this Section.
20    (i) No later than 10 years after the corporate authorities
21of a municipality adopt an ordinance to establish a
22redevelopment project area, the municipality must compile a
23status report concerning the redevelopment project area. The
24status report must detail without limitation the following: (i)
25the amount of revenue generated within the redevelopment
26project area, (ii) any expenditures made by the municipality

 

 

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1for the redevelopment project area including without
2limitation expenditures from the special tax allocation fund,
3(iii) the status of planned activities, goals, and objectives
4set forth in the redevelopment plan including details on new or
5planned construction within the redevelopment project area,
6(iv) the amount of private and public investment within the
7redevelopment project area, and (v) any other relevant
8evaluation or performance data. Within 30 days after the
9municipality compiles the status report, the municipality must
10hold at least one public hearing concerning the report. The
11municipality must provide 20 days' public notice of the
12hearing.
13    (j) Beginning in fiscal year 2011 and in each fiscal year
14thereafter, a municipality must detail in its annual budget (i)
15the revenues generated from redevelopment project areas by
16source and (ii) the expenditures made by the municipality for
17redevelopment project areas.
18(Source: P.A. 96-1335, eff. 7-27-10.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.