Rep. Ron Sandack

Filed: 3/25/2014

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 5438

2    AMENDMENT NO. ______. Amend House Bill 5438 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Governmental Account Audit Act is amended
5by changing Section 4 as follows:
 
6    (50 ILCS 310/4)  (from Ch. 85, par. 704)
7    Sec. 4. Overdue report.
8    (a) If the required report for a governmental unit is not
9filed with the Comptroller in accordance with Section 2 or
10Section 3, whichever is applicable, within 6 months after the
11close of the fiscal year of the governmental unit, the
12Comptroller shall notify the governing body of that unit in
13writing that the report is due and may also grant a 60 day
14extension for the filing of the audit report. If the required
15report is not filed within the time specified in such written
16notice, the Comptroller shall cause an audit to be made by a

 

 

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1licensed public accountant, and the governmental unit shall pay
2to the Comptroller actual compensation and expenses to
3reimburse him for the cost of preparing or completing such
4report.
5    (b) The Comptroller may decline to order an audit and the
6preparation of an audit report (i) if an initial examination of
7the books and records of the governmental unit indicates that
8the books and records of the governmental unit are inadequate
9or unavailable due to the passage of time or the occurrence of
10a natural disaster or (ii) if the Comptroller determines that
11the cost of an audit would impose an unreasonable financial
12burden on the governmental unit.
13    (c) The State Comptroller may grant extensions for
14delinquent audits or reports. The Comptroller may charge a
15governmental unit a fee for a delinquent audit or report of $5
16per day for the first 15 days past due, $10 per day for 16
17through 30 days past due, $15 per day for 31 through 45 days
18past due, and $20 per day for the 46th day and every day
19thereafter. These amounts may be reduced at the Comptroller's
20discretion. All fees collected under this subsection (c) shall
21be deposited into the Comptroller's Administrative Fund.
22(Source: P.A. 97-890, eff. 8-2-12; 97-1142, eff. 12-28-12.)
 
23    Section 10. The Counties Code is amended by changing
24Section 6-31004 as follows:
 

 

 

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1    (55 ILCS 5/6-31004)  (from Ch. 34, par. 6-31004)
2    Sec. 6-31004. Overdue reports.
3    (a) In the event the required reports for a county are not
4filed with the Comptroller in accordance with Section 6-31003
5within 6 months after the close of the fiscal year of the
6county, the Comptroller shall notify the county board in
7writing that the reports are due, and may also grant an
8extension of time of up to 60 days for the filing of the
9reports. In the event the required reports are not filed within
10the time specified in such written notice, the Comptroller
11shall cause the audit to be made and the audit report prepared
12by an accountant or accountants.
13    (b) The Comptroller may decline to order an audit and the
14preparation of an audit report if an initial examination of the
15books and records of the governmental unit indicates that the
16books and records of the governmental unit are inadequate or
17unavailable due to the passage of time or the occurrence of a
18natural disaster.
19    (c) The State Comptroller may grant extensions for
20delinquent audits or reports. The Comptroller may charge a
21county a fee for a delinquent audit or report of $5 per day for
22the first 15 days past due, $10 per day for 16 through 30 days
23past due, $15 per day for 31 through 45 days past due, and $20
24per day for the 46th day and every day thereafter. These
25amounts may be reduced at the Comptroller's discretion. All
26fees collected under this subsection (c) shall be deposited

 

 

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1into the Comptroller's Administrative Fund.
2(Source: P.A. 97-890, eff. 8-2-12; 97-1142, eff. 12-28-12.)
 
3    Section 15. The Illinois Municipal Code is amended by
4changing Sections 8-8-3.5, 8-8-4, 11-74.4-5 and 11-74.6-22 as
5follows:
 
6    (65 ILCS 5/8-8-3.5)
7    Sec. 8-8-3.5. Tax Increment Financing Report. The reports
8filed under subsection (d) of Section 11-74.4-5 of the Tax
9Increment Allocation Redevelopment Act and the reports filed
10under subsection (d) of Section 11-74.6-22 of the Industrial
11Jobs Recovery Law in the Illinois Municipal Code must be
12separate from any other annual report filed with the
13Comptroller. The Comptroller must, in cooperation with
14reporting municipalities, create a format for the reporting of
15information described in paragraphs (1.5) and (5) and in
16subparagraph (G) of paragraph (7) of subsection (d) of Section
1711-74.4-5 of the Tax Increment Allocation Redevelopment Act and
18the information described in paragraphs (1.5) and (5) and in
19subparagraph (G) of paragraph (7) of subsection (d) of Section
2011-74.6-22 of the Industrial Jobs Recovery Law that facilitates
21consistent reporting among the reporting municipalities. The
22Comptroller may allow these reports to be filed electronically
23and may display the report, or portions of the report,
24electronically via the Internet. All reports filed under this

 

 

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1Section must be made available for examination and copying by
2the public at all reasonable times. A Tax Increment Financing
3Report must be filed electronically with the Comptroller within
4180 days after the close of the municipal fiscal year or as
5soon thereafter as the audit for the redevelopment project area
6for that fiscal year becomes available. If the Tax Increment
7Finance administrator provides the Comptroller's office with
8sufficient evidence that the report is in the process of being
9completed by an auditor, the Comptroller may grant an
10extension. If the required report is not filed within the time
11extended by the Comptroller, the Comptroller shall notify the
12corporate authorities of that municipality that the audit
13report is past due. The the Comptroller may charge a
14municipality a fee of $5 per day for the first 15 days past
15due, $10 per day for 16 through 30 days past due, $15 per day
16for 31 through 45 days past due, and $20 per day for the 46th
17day and every day thereafter. These amounts may be reduced at
18the Comptroller's discretion. In the event the required audit
19report is not filed within 60 days of such notice, the
20Comptroller shall cause such audit to be made by an accountant
21or accountants. The Comptroller may decline to order an audit
22and the preparation of an audit report if an initial
23examination of the books and records of the municipality
24indicates that books and records of the municipality are
25inadequate or unavailable to support the preparation of the
26audit report or the supplemental report due to the passage of

 

 

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1time or the occurrence of a natural disaster. All fees
2collected pursuant to this Section shall be deposited into the
3Comptroller's Administrative Fund. In the event the
4Comptroller causes an audit to be made in accordance with the
5requirements of this Section, the municipality shall pay to the
6Comptroller reasonable compensation and expenses to reimburse
7her for the cost of preparing or completing such report. Moneys
8paid to the Comptroller pursuant to the preceding sentence
9shall be deposited into the Comptroller's Audit Expense
10Revolving Fund.
11(Source: P.A. 98-497, eff. 8-16-13.)
 
12    (65 ILCS 5/8-8-4)  (from Ch. 24, par. 8-8-4)
13    Sec. 8-8-4. Overdue reports.
14    (a) In the event the required audit report for a
15municipality is not filed with the Comptroller in accordance
16with Section 8-8-7 within 6 months after the close of the
17fiscal year of the municipality, the Comptroller shall notify
18the corporate authorities of that municipality in writing that
19the audit report is due, and may also grant an extension of
20time of 60 days, for the filing of the audit report. In the
21event the required audit report is not filed within the time
22specified in such written notice, the Comptroller shall cause
23such audit to be made by an accountant or accountants. In the
24event the required annual or supplemental report for a
25municipality is not filed within 6 months after the close of

 

 

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1the fiscal year of the municipality, the Comptroller shall
2notify the corporate authorities of that municipality in
3writing that the annual or supplemental report is due and may
4grant an extension in time of 60 days for the filing of such
5annual or supplemental report.
6    (b) In the event the annual or supplemental report is not
7filed within the time extended by the Comptroller, the
8Comptroller shall cause such annual or supplemental report to
9be prepared or completed and the municipality shall pay to the
10Comptroller reasonable compensation and expenses to reimburse
11him for the cost of preparing or completing such annual or
12supplemental report. Moneys paid to the Comptroller pursuant to
13the preceding sentence shall be deposited into the
14Comptroller's Audit Expense Revolving Fund.
15    (c) The Comptroller may decline to order an audit or the
16completion of the supplemental report if an initial examination
17of the books and records of the municipality indicates that
18books and records of the municipality are inadequate or
19unavailable to support the preparation of the audit report or
20the supplemental report due to the passage of time or the
21occurrence of a natural disaster.
22    (d) The State Comptroller may grant extensions for
23delinquent audits or reports. The Comptroller may charge a
24municipality a fee for a delinquent audit or report of $5 per
25day for the first 15 days past due, $10 per day for 16 through
2630 days past due, $15 per day for 31 through 45 days past due,

 

 

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1and $20 per day for the 46th day and every day thereafter.
2These amounts may be reduced at the Comptroller's discretion.
3All fees collected under this subsection (d) shall be deposited
4into the Comptroller's Administrative Fund.
5(Source: P.A. 97-890, eff. 8-2-12; 97-1142, eff. 12-28-12.)
 
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
24approved and redevelopment projects that were designated
25before the effective date of this amendatory Act of the 91st

 

 

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1General Assembly.
2    Prior to the adoption of an ordinance proposing the
3designation of a redevelopment project area, or approving a
4redevelopment plan or redevelopment project, the municipality
5by its corporate authorities, or as it may determine by any
6commission designated under subsection (k) of Section
711-74.4-4 shall adopt an ordinance or resolution fixing a time
8and place for public hearing. At least 10 days prior to the
9adoption of the ordinance or resolution establishing the time
10and place for the public hearing, the municipality shall make
11available for public inspection a redevelopment plan or a
12separate report that provides in reasonable detail the basis
13for the eligibility of the redevelopment project area. The
14report along with the name of a person to contact for further
15information shall be sent within a reasonable time after the
16adoption of such ordinance or resolution to the affected taxing
17districts by certified mail. On and after the effective date of
18this amendatory Act of the 91st General Assembly, the
19municipality shall print in a newspaper of general circulation
20within the municipality a notice that interested persons may
21register with the municipality in order to receive information
22on the proposed designation of a redevelopment project area or
23the approval of a redevelopment plan. The notice shall state
24the place of registration and the operating hours of that
25place. The municipality shall have adopted reasonable rules to
26implement this registration process under Section 11-74.4-4.2.

 

 

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1The municipality shall provide notice of the availability of
2the redevelopment plan and eligibility report, including how to
3obtain this information, by mail within a reasonable time after
4the adoption of the ordinance or resolution, to all residential
5addresses that, after a good faith effort, the municipality
6determines are located outside the proposed redevelopment
7project area and within 750 feet of the boundaries of the
8proposed redevelopment project area. This requirement is
9subject to the limitation that in a municipality with a
10population of over 100,000, if the total number of residential
11addresses outside the proposed redevelopment project area and
12within 750 feet of the boundaries of the proposed redevelopment
13project area exceeds 750, the municipality shall be required to
14provide the notice to only the 750 residential addresses that,
15after a good faith effort, the municipality determines are
16outside the proposed redevelopment project area and closest to
17the boundaries of the proposed redevelopment project area.
18Notwithstanding the foregoing, notice given after August 7,
192001 (the effective date of Public Act 92-263) and before the
20effective date of this amendatory Act of the 92nd General
21Assembly to residential addresses within 750 feet of the
22boundaries of a proposed redevelopment project area shall be
23deemed to have been sufficiently given in compliance with this
24Act if given only to residents outside the boundaries of the
25proposed redevelopment project area. The notice shall also be
26provided by the municipality, regardless of its population, to

 

 

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

 

 

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

 

 

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1county that will have the authority to directly levy taxes on
2the property within the proposed redevelopment project area at
3the time that the proposed redevelopment project area is
4approved, a representative selected by the municipality and a
5public member. The public member shall first be selected and
6then the board's chairperson shall be selected by a majority of
7the board members present and voting.
8    For redevelopment project areas with redevelopment plans
9or proposed redevelopment plans that would result in the
10displacement of residents from 10 or more inhabited residential
11units or that include 75 or more inhabited residential units,
12the public member shall be a person who resides in the
13redevelopment project area. If, as determined by the housing
14impact study provided for in paragraph (5) of subsection (n) of
15Section 11-74.4-3, or if no housing impact study is required
16then based on other reasonable data, the majority of
17residential units are occupied by very low, low, or moderate
18income households, as defined in Section 3 of the Illinois
19Affordable Housing Act, the public member shall be a person who
20resides in very low, low, or moderate income housing within the
21redevelopment project area. Municipalities with fewer than
2215,000 residents shall not be required to select a person who
23lives in very low, low, or moderate income housing within the
24redevelopment project area, provided that the redevelopment
25plan or project will not result in displacement of residents
26from 10 or more inhabited units, and the municipality so

 

 

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

 

 

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1redevelopment project area shall provide administrative
2support to the board.
3    The board shall review (i) the public record, planning
4documents and proposed ordinances approving the redevelopment
5plan and project and (ii) proposed amendments to the
6redevelopment plan or additions of parcels of property to the
7redevelopment project area to be adopted by the municipality.
8As part of its deliberations, the board may hold additional
9hearings on the proposal. A board's recommendation shall be an
10advisory, non-binding recommendation. The recommendation shall
11be adopted by a majority of those members present and voting.
12The recommendations shall be submitted to the municipality
13within 30 days after convening of the board. Failure of the
14board to submit its report on a timely basis shall not be cause
15to delay the public hearing or any other step in the process of
16designating or amending the redevelopment project area but
17shall be deemed to constitute approval by the joint review
18board of the matters before it.
19    The board shall base its recommendation to approve or
20disapprove the redevelopment plan and the designation of the
21redevelopment project area or the amendment of the
22redevelopment plan or addition of parcels of property to the
23redevelopment project area on the basis of the redevelopment
24project area and redevelopment plan satisfying the plan
25requirements, the eligibility criteria defined in Section
2611-74.4-3, and the objectives of this Act.

 

 

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

 

 

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1redevelopment plan, (2) substantially change the nature of or
2extend the life of the redevelopment project, or (3) increase
3the number of inhabited residential units to be displaced from
4the redevelopment project area, as measured from the time of
5creation of the redevelopment project area, to a total of more
6than 10. Changes to the redevelopment plan necessary to satisfy
7the issues set forth in the joint review board report shall not
8require any further notice or convening of a joint review board
9meeting, except that any changes to the redevelopment plan that
10would add additional parcels of property to the proposed
11redevelopment project area shall be subject to the notice,
12public hearing, and joint review board meeting requirements
13established for such changes by subsection (a) of Section
1411-74.4-5.
15    In the event that the municipality and the board are unable
16to resolve these differences, or in the event that the
17resubmitted plan or amendment is rejected by the board, the
18municipality may proceed with the plan or amendment, but only
19upon a three-fifths vote of the corporate authority responsible
20for approval of the plan or amendment, excluding positions of
21members that are vacant and those members that are ineligible
22to vote because of conflicts of interest.
23    (c) After a municipality has by ordinance approved a
24redevelopment plan and designated a redevelopment project
25area, the plan may be amended and additional properties may be
26added to the redevelopment project area only as herein

 

 

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

 

 

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1or (6) increase the number of inhabited residential units to be
2displaced from the redevelopment project area, as measured from
3the time of creation of the redevelopment project area, to a
4total of more than 10, may be made without further public
5hearing and related notices and procedures including the
6convening of a joint review board as set forth in Section
711-74.4-6 of this Act, provided that the municipality shall
8give notice of any such changes by mail to each affected taxing
9district and registrant on the interested parties registry,
10provided for under Section 11-74.4-4.2, and by publication in a
11newspaper of general circulation within the affected taxing
12district. Such notice by mail and by publication shall each
13occur not later than 10 days following the adoption by
14ordinance of such changes.
15    (d) After the effective date of this amendatory Act of the
1691st General Assembly, a municipality shall submit in an
17electronic format the following information for each
18redevelopment project area (i) to the State Comptroller under
19Section 8-8-3.5 of the Illinois Municipal Code, subject to any
20extensions or exemptions provided at the Comptroller's
21discretion under that Section, and (ii) to all taxing districts
22overlapping the redevelopment project area no later than 180
23days after the close of each municipal fiscal year or as soon
24thereafter as the audited financial statements become
25available and, in any case, shall be submitted before the
26annual meeting of the Joint Review Board to each of the taxing

 

 

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1districts that overlap the redevelopment project area:
2        (1) Any amendments to the redevelopment plan, the
3    redevelopment project area, or the State Sales Tax
4    Boundary.
5        (1.5) A list of the redevelopment project areas
6    administered by the municipality and, if applicable, the
7    date each redevelopment project area was designated or
8    terminated by the municipality.
9        (2) Audited financial statements of the special tax
10    allocation fund once a cumulative total of $100,000 has
11    been deposited in the fund.
12        (3) Certification of the Chief Executive Officer of the
13    municipality that the municipality has complied with all of
14    the requirements of this Act during the preceding fiscal
15    year.
16        (4) An opinion of legal counsel that the municipality
17    is in compliance with this Act.
18        (5) An analysis of the special tax allocation fund
19    which sets forth:
20            (A) the balance in the special tax allocation fund
21        at the beginning of the fiscal year;
22            (B) all amounts deposited in the special tax
23        allocation fund by source;
24            (C) an itemized list of all expenditures from the
25        special tax allocation fund by category of permissible
26        redevelopment project cost; and

 

 

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1            (D) the balance in the special tax allocation fund
2        at the end of the fiscal year including a breakdown of
3        that balance by source and a breakdown of that balance
4        identifying any portion of the balance that is
5        required, pledged, earmarked, or otherwise designated
6        for payment of or securing of obligations and
7        anticipated redevelopment project costs. Any portion
8        of such ending balance that has not been identified or
9        is not identified as being required, pledged,
10        earmarked, or otherwise designated for payment of or
11        securing of obligations or anticipated redevelopment
12        projects costs shall be designated as surplus as set
13        forth in Section 11-74.4-7 hereof.
14        (6) A description of all property purchased by the
15    municipality within the redevelopment project area
16    including:
17            (A) Street address.
18            (B) Approximate size or description of property.
19            (C) Purchase price.
20            (D) Seller of property.
21        (7) A statement setting forth all activities
22    undertaken in furtherance of the objectives of the
23    redevelopment plan, including:
24            (A) Any project implemented in the preceding
25        fiscal year.
26            (B) A description of the redevelopment activities

 

 

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1        undertaken.
2            (C) A description of any agreements entered into by
3        the municipality with regard to the disposition or
4        redevelopment of any property within the redevelopment
5        project area or the area within the State Sales Tax
6        Boundary.
7            (D) Additional information on the use of all funds
8        received under this Division and steps taken by the
9        municipality to achieve the objectives of the
10        redevelopment plan.
11            (E) Information regarding contracts that the
12        municipality's tax increment advisors or consultants
13        have entered into with entities or persons that have
14        received, or are receiving, payments financed by tax
15        increment revenues produced by the same redevelopment
16        project area.
17            (F) Any reports submitted to the municipality by
18        the joint review board.
19            (G) A review of public and, to the extent possible,
20        private investment actually undertaken to date after
21        the effective date of this amendatory Act of the 91st
22        General Assembly and estimated to be undertaken during
23        the following year. This review shall, on a
24        project-by-project basis, set forth the estimated
25        amounts of public and private investment incurred
26        after the effective date of this amendatory Act of the

 

 

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1        91st General Assembly and provide the ratio of private
2        investment to public investment to the date of the
3        report and as estimated to the completion of the
4        redevelopment project.
5        (8) With regard to any obligations issued by the
6    municipality:
7            (A) copies of any official statements; and
8            (B) an analysis prepared by financial advisor or
9        underwriter setting forth: (i) nature and term of
10        obligation; and (ii) projected debt service including
11        required reserves and debt coverage.
12        (9) For special tax allocation funds that have
13    experienced cumulative deposits of incremental tax
14    revenues of $100,000 or more, a certified audit report
15    reviewing compliance with this Act performed by an
16    independent public accountant certified and licensed by
17    the authority of the State of Illinois. The financial
18    portion of the audit must be conducted in accordance with
19    Standards for Audits of Governmental Organizations,
20    Programs, Activities, and Functions adopted by the
21    Comptroller General of the United States (1981), as
22    amended, or the standards specified by Section 8-8-5 of the
23    Illinois Municipal Auditing Law of the Illinois Municipal
24    Code. The audit report shall contain a letter from the
25    independent certified public accountant indicating
26    compliance or noncompliance with the requirements of

 

 

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1    subsection (q) of Section 11-74.4-3. For redevelopment
2    plans or projects that would result in the displacement of
3    residents from 10 or more inhabited residential units or
4    that contain 75 or more inhabited residential units, notice
5    of the availability of the information, including how to
6    obtain the report, required in this subsection shall also
7    be sent by mail to all residents or organizations that
8    operate in the municipality that register with the
9    municipality for that information according to
10    registration procedures adopted under Section 11-74.4-4.2.
11    All municipalities are subject to this provision.
12        (10) A list of all intergovernmental agreements in
13    effect during the fiscal year to which the municipality is
14    a party and an accounting of any moneys transferred or
15    received by the municipality during that fiscal year
16    pursuant to those intergovernmental agreements.
17    (d-1) Prior to the effective date of this amendatory Act of
18the 91st General Assembly, municipalities with populations of
19over 1,000,000 shall, after adoption of a redevelopment plan or
20project, make available upon request to any taxing district in
21which the redevelopment project area is located the following
22information:
23        (1) Any amendments to the redevelopment plan, the
24    redevelopment project area, or the State Sales Tax
25    Boundary; and
26        (2) In connection with any redevelopment project area

 

 

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1    for which the municipality has outstanding obligations
2    issued to provide for redevelopment project costs pursuant
3    to Section 11-74.4-7, audited financial statements of the
4    special tax allocation fund.
5    (e) The joint review board shall meet annually 180 days
6after the close of the municipal fiscal year or as soon as the
7redevelopment project audit for that fiscal year becomes
8available to review the effectiveness and status of the
9redevelopment project area up to that date.
10    (f) (Blank).
11    (g) In the event that a municipality has held a public
12hearing under this Section prior to March 14, 1994 (the
13effective date of Public Act 88-537), the requirements imposed
14by Public Act 88-537 relating to the method of fixing the time
15and place for public hearing, the materials and information
16required to be made available for public inspection, and the
17information required to be sent after adoption of an ordinance
18or resolution fixing a time and place for public hearing shall
19not be applicable.
20    (h) On and after the effective date of this amendatory Act
21of the 96th General Assembly, the State Comptroller must post
22on the State Comptroller's official website the information
23submitted by a municipality pursuant to subsection (d) of this
24Section. The information must be posted no later than 45 days
25after the State Comptroller receives the information from the
26municipality. The State Comptroller must also post a list of

 

 

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1the municipalities not in compliance with the reporting
2requirements set forth in subsection (d) of this Section.
3    (i) No later than 10 years after the corporate authorities
4of a municipality adopt an ordinance to establish a
5redevelopment project area, the municipality must compile a
6status report concerning the redevelopment project area. The
7status report must detail without limitation the following: (i)
8the amount of revenue generated within the redevelopment
9project area, (ii) any expenditures made by the municipality
10for the redevelopment project area including without
11limitation expenditures from the special tax allocation fund,
12(iii) the status of planned activities, goals, and objectives
13set forth in the redevelopment plan including details on new or
14planned construction within the redevelopment project area,
15(iv) the amount of private and public investment within the
16redevelopment project area, and (v) any other relevant
17evaluation or performance data. Within 30 days after the
18municipality compiles the status report, the municipality must
19hold at least one public hearing concerning the report. The
20municipality must provide 20 days' public notice of the
21hearing.
22    (j) Beginning in fiscal year 2011 and in each fiscal year
23thereafter, a municipality must detail in its annual budget (i)
24the revenues generated from redevelopment project areas by
25source and (ii) the expenditures made by the municipality for
26redevelopment project areas.

 

 

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1(Source: P.A. 96-1335, eff. 7-27-10.)
 
2    (65 ILCS 5/11-74.6-22)
3    Sec. 11-74.6-22. Adoption of ordinance; requirements;
4changes.
5    (a) Before adoption of an ordinance proposing the
6designation of a redevelopment planning area or a redevelopment
7project area, or both, or approving a redevelopment plan or
8redevelopment project, the municipality or commission
9designated pursuant to subsection (l) of Section 11-74.6-15
10shall fix by ordinance or resolution a time and place for
11public hearing. Prior to the adoption of the ordinance or
12resolution establishing the time and place for the public
13hearing, the municipality shall make available for public
14inspection a redevelopment plan or a report that provides in
15sufficient detail, the basis for the eligibility of the
16redevelopment project area. The report along with the name of a
17person to contact for further information shall be sent to the
18affected taxing district by certified mail within a reasonable
19time following the adoption of the ordinance or resolution
20establishing the time and place for the public hearing.
21    At the public hearing any interested person or affected
22taxing district may file with the municipal clerk written
23objections to the ordinance and may be heard orally on any
24issues that are the subject of the hearing. The municipality
25shall hear and determine all alternate proposals or bids for

 

 

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1any proposed conveyance, lease, mortgage or other disposition
2of land and all protests and objections at the hearing and the
3hearing may be adjourned to another date without further notice
4other than a motion to be entered upon the minutes fixing the
5time and place of the later hearing. At the public hearing or
6at any time prior to the adoption by the municipality of an
7ordinance approving a redevelopment plan, the municipality may
8make changes in the redevelopment plan. Changes which (1) add
9additional parcels of property to the proposed redevelopment
10project area, (2) substantially affect the general land uses
11proposed in the redevelopment plan, or (3) substantially change
12the nature of or extend the life of the redevelopment project
13shall be made only after the municipality gives notice,
14convenes a joint review board, and conducts a public hearing
15pursuant to the procedures set forth in this Section and in
16Section 11-74.6-25. Changes which do not (1) add additional
17parcels of property to the proposed redevelopment project area,
18(2) substantially affect the general land uses proposed in the
19redevelopment plan, or (3) substantially change the nature of
20or extend the life of the redevelopment project may be made
21without further hearing, provided that the municipality shall
22give notice of any such changes by mail to each affected taxing
23district and by publication once in a newspaper of general
24circulation within the affected taxing district. Such notice by
25mail and by publication shall each occur not later than 10 days
26following the adoption by ordinance of such changes.

 

 

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1    (b) Before adoption of an ordinance proposing the
2designation of a redevelopment planning area or a redevelopment
3project area, or both, or amending the boundaries of an
4existing redevelopment project area or redevelopment planning
5area, or both, the municipality shall convene a joint review
6board to consider the proposal. The board shall consist of a
7representative selected by each taxing district that has
8authority to levy real property taxes on the property within
9the proposed redevelopment project area and that has at least
105% of its total equalized assessed value located within the
11proposed redevelopment project area, a representative selected
12by the municipality and a public member. The public member and
13the board's chairperson shall be selected by a majority of
14other board members.
15    All board members shall be appointed and the first board
16meeting held within 14 days following the notice by the
17municipality to all the taxing districts as required by
18subsection (c) of Section 11-74.6-25. The notice shall also
19advise the taxing bodies represented on the joint review board
20of the time and place of the first meeting of the board.
21Additional meetings of the board shall be held upon the call of
22any 2 members. The municipality seeking designation of the
23redevelopment project area may provide administrative support
24to the board.
25    The board shall review the public record, planning
26documents and proposed ordinances approving the redevelopment

 

 

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1plan and project to be adopted by the municipality. As part of
2its deliberations, the board may hold additional hearings on
3the proposal. A board's recommendation, if any, shall be a
4written recommendation adopted by a majority vote of the board
5and submitted to the municipality within 30 days after the
6board convenes. A board's recommendation shall be binding upon
7the municipality. Failure of the board to submit its
8recommendation on a timely basis shall not be cause to delay
9the public hearing or the process of establishing or amending
10the redevelopment project area. The board's recommendation on
11the proposal shall be based upon the area satisfying the
12applicable eligibility criteria defined in Section 11-74.6-10
13and whether there is a basis for the municipal findings set
14forth in the redevelopment plan as required by this Act. If the
15board does not file a recommendation it shall be presumed that
16the board has found that the redevelopment project area
17satisfies the eligibility criteria.
18    (c) After a municipality has by ordinance approved a
19redevelopment plan and designated a redevelopment planning
20area or a redevelopment project area, or both, the plan may be
21amended and additional properties may be added to the
22redevelopment project area only as herein provided. Amendments
23which (1) add additional parcels of property to the proposed
24redevelopment project area, (2) substantially affect the
25general land uses proposed in the redevelopment plan, (3)
26substantially change the nature of the redevelopment project,

 

 

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1(4) increase the total estimated redevelopment project costs
2set out in the redevelopment plan by more than 5% after
3adjustment for inflation from the date the plan was adopted, or
4(5) add additional redevelopment project costs to the itemized
5list of redevelopment project costs set out in the
6redevelopment plan shall be made only after the municipality
7gives notice, convenes a joint review board, and conducts a
8public hearing pursuant to the procedures set forth in this
9Section and in Section 11-74.6-25. Changes which do not (1) add
10additional parcels of property to the proposed redevelopment
11project area, (2) substantially affect the general land uses
12proposed in the redevelopment plan, (3) substantially change
13the nature of the redevelopment project, (4) increase the total
14estimated redevelopment project cost set out in the
15redevelopment plan by more than 5% after adjustment for
16inflation from the date the plan was adopted, or (5) add
17additional redevelopment project costs to the itemized list of
18redevelopment project costs set out in the redevelopment plan
19may be made without further hearing, provided that the
20municipality shall give notice of any such changes by mail to
21each affected taxing district and by publication once in a
22newspaper of general circulation within the affected taxing
23district. Such notice by mail and by publication shall each
24occur not later than 10 days following the adoption by
25ordinance of such changes.
26    (d) After the effective date of this amendatory Act of the

 

 

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191st General Assembly, a municipality shall submit the
2following information for each redevelopment project area (i)
3to the State Comptroller under Section 8-8-3.5 of the Illinois
4Municipal Code, subject to any extensions or exemptions
5provided at the Comptroller's discretion under that Section,
6and (ii) to all taxing districts overlapping the redevelopment
7project area no later than 180 days after the close of each
8municipal fiscal year or as soon thereafter as the audited
9financial statements become available and, in any case, shall
10be submitted before the annual meeting of the joint review
11board to each of the taxing districts that overlap the
12redevelopment project area:
13        (1) Any amendments to the redevelopment plan, or the
14    redevelopment project area.
15        (1.5) A list of the redevelopment project areas
16    administered by the municipality and, if applicable, the
17    date each redevelopment project area was designated or
18    terminated by the municipality.
19        (2) Audited financial statements of the special tax
20    allocation fund once a cumulative total of $100,000 of tax
21    increment revenues has been deposited in the fund.
22        (3) Certification of the Chief Executive Officer of the
23    municipality that the municipality has complied with all of
24    the requirements of this Act during the preceding fiscal
25    year.
26        (4) An opinion of legal counsel that the municipality

 

 

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1    is in compliance with this Act.
2        (5) An analysis of the special tax allocation fund
3    which sets forth:
4            (A) the balance in the special tax allocation fund
5        at the beginning of the fiscal year;
6            (B) all amounts deposited in the special tax
7        allocation fund by source;
8            (C) an itemized list of all expenditures from the
9        special tax allocation fund by category of permissible
10        redevelopment project cost; and
11            (D) the balance in the special tax allocation fund
12        at the end of the fiscal year including a breakdown of
13        that balance by source and a breakdown of that balance
14        identifying any portion of the balance that is
15        required, pledged, earmarked, or otherwise designated
16        for payment of or securing of obligations and
17        anticipated redevelopment project costs. Any portion
18        of such ending balance that has not been identified or
19        is not identified as being required, pledged,
20        earmarked, or otherwise designated for payment of or
21        securing of obligations or anticipated redevelopment
22        project costs shall be designated as surplus as set
23        forth in Section 11-74.6-30 hereof.
24        (6) A description of all property purchased by the
25    municipality within the redevelopment project area
26    including:

 

 

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1            (A) Street address.
2            (B) Approximate size or description of property.
3            (C) Purchase price.
4            (D) Seller of property.
5        (7) A statement setting forth all activities
6    undertaken in furtherance of the objectives of the
7    redevelopment plan, including:
8            (A) Any project implemented in the preceding
9        fiscal year.
10            (B) A description of the redevelopment activities
11        undertaken.
12            (C) A description of any agreements entered into by
13        the municipality with regard to the disposition or
14        redevelopment of any property within the redevelopment
15        project area.
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

 

 

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1        the joint review board.
2            (G) A review of public and, to the extent possible,
3        private investment actually undertaken to date after
4        the effective date of this amendatory Act of the 91st
5        General Assembly and estimated to be undertaken during
6        the following year. This review shall, on a
7        project-by-project basis, set forth the estimated
8        amounts of public and private investment incurred
9        after the effective date of this amendatory Act of the
10        91st General Assembly and provide the ratio of private
11        investment to public investment to the date of the
12        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 received
22    cumulative deposits of incremental tax revenues of
23    $100,000 or more, a certified audit report reviewing
24    compliance with this Act performed by an independent public
25    accountant certified and licensed by the authority of the
26    State of Illinois. The financial portion of the audit must

 

 

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1    be conducted in accordance with Standards for Audits of
2    Governmental Organizations, Programs, Activities, and
3    Functions adopted by the Comptroller General of the United
4    States (1981), as amended, or the standards specified by
5    Section 8-8-5 of the Illinois Municipal Auditing Law of the
6    Illinois Municipal Code. The audit report shall contain a
7    letter from the independent certified public accountant
8    indicating compliance or noncompliance with the
9    requirements of subsection (o) of Section 11-74.6-10.
10    (e) The joint review board shall meet annually 180 days
11after the close of the municipal fiscal year or as soon as the
12redevelopment project audit for that fiscal year becomes
13available to review the effectiveness and status of the
14redevelopment project area up to that date.
15(Source: P.A. 97-146, eff. 1-1-12.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.".