Full Text of HB4394 99th General Assembly
HB4394sam001 99TH GENERAL ASSEMBLY | Sen. Chuck Weaver Filed: 5/18/2016
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| 1 | | AMENDMENT TO HOUSE BILL 4394
| 2 | | AMENDMENT NO. ______. Amend House Bill 4394 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Municipal Code is amended by | 5 | | changing Section 11-74.6-22 as follows:
| 6 | | (65 ILCS 5/11-74.6-22)
| 7 | | Sec. 11-74.6-22. Adoption of ordinance; requirements; | 8 | | changes.
| 9 | | (a) Before adoption of an ordinance proposing the
| 10 | | designation of a redevelopment planning area or a redevelopment | 11 | | project area,
or both, or approving a
redevelopment plan or | 12 | | redevelopment project, the municipality or commission
| 13 | | designated pursuant to subsection (l) of Section 11-74.6-15 | 14 | | shall fix by
ordinance or resolution
a time and place for | 15 | | public hearing.
Prior to the adoption of the ordinance or | 16 | | resolution establishing the time and
place for the public |
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| 1 | | hearing, the municipality shall make available for public
| 2 | | inspection a redevelopment plan or a report that provides in | 3 | | sufficient detail,
the basis for the eligibility of the
| 4 | | redevelopment project area. The report
along with the name of a
| 5 | | person to contact for further information shall be sent to the | 6 | | affected taxing
district by certified mail within a reasonable | 7 | | time following the adoption of
the ordinance or resolution | 8 | | establishing the time and place for the public
hearing.
| 9 | | At the public hearing any
interested person or affected | 10 | | taxing district may file with the
municipal clerk written | 11 | | objections to the ordinance and may be heard orally
on any | 12 | | issues that are the subject of the hearing. The municipality | 13 | | shall
hear and determine all alternate proposals or bids for | 14 | | any proposed conveyance,
lease, mortgage or other disposition | 15 | | of land and all protests and objections at
the hearing and the
| 16 | | hearing may be adjourned to another date without further notice | 17 | | other than
a motion to be entered upon the minutes fixing the | 18 | | time and place of the
later hearing.
At the public hearing or | 19 | | at any time prior to the adoption by the
municipality of an | 20 | | ordinance approving a redevelopment plan, the
municipality may | 21 | | make changes in the redevelopment plan. Changes
which (1) add | 22 | | additional parcels of property to the proposed redevelopment
| 23 | | project
area, (2) substantially affect the general land uses | 24 | | proposed in the
redevelopment plan, or (3) substantially change | 25 | | the nature of or extend the
life of the redevelopment
project | 26 | | shall be made only after the
municipality gives notice, |
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| 1 | | convenes a joint review board, and conducts a public
hearing | 2 | | pursuant to the procedures set forth in this Section and in | 3 | | Section
11-74.6-25. Changes which do not (1) add additional | 4 | | parcels of
property to the proposed redevelopment project area, | 5 | | (2) substantially affect
the general land uses proposed in the | 6 | | redevelopment plan, or (3) substantially
change the nature of | 7 | | or extend the life of the redevelopment project may be
made | 8 | | without further hearing, provided that the municipality shall | 9 | | give notice
of any such changes by mail to each affected taxing | 10 | | district and by publication
once in a newspaper of general | 11 | | circulation within the affected taxing district.
Such notice by | 12 | | mail and by publication shall each occur not later than 10 days
| 13 | | following the adoption by ordinance of such changes.
| 14 | | (b) Before adoption of an ordinance proposing the | 15 | | designation of a
redevelopment planning area or a redevelopment | 16 | | project area, or both, or
amending the boundaries of an | 17 | | existing
redevelopment project area or redevelopment planning | 18 | | area, or both, the
municipality shall convene a joint review
| 19 | | board to consider the proposal. The board shall consist of a
| 20 | | representative selected by each taxing district that has
| 21 | | authority to levy real property taxes on the property within | 22 | | the proposed
redevelopment project area and that has at least | 23 | | 5% of its total equalized
assessed value located within the | 24 | | proposed redevelopment project area, a
representative selected | 25 | | by the municipality
and a public member. The public member and | 26 | | the board's chairperson shall
be selected by a majority of |
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| 1 | | other board members.
| 2 | | All board members shall be appointed and the first board | 3 | | meeting held
within 14 days following the notice by the | 4 | | municipality to all the taxing
districts as required by | 5 | | subsection (c) of Section 11-74.6-25. The notice
shall also | 6 | | advise the taxing bodies represented on the joint review board
| 7 | | of the time and place of the first meeting of the board. | 8 | | Additional
meetings of the board shall be held upon the call of | 9 | | any 2 members. The
municipality seeking designation of the | 10 | | redevelopment project area may provide
administrative support | 11 | | to the board.
| 12 | | The board shall review the public record, planning | 13 | | documents and
proposed ordinances approving the redevelopment | 14 | | plan and project to be
adopted by the municipality. As part of | 15 | | its deliberations, the board may
hold additional hearings on | 16 | | the proposal. A board's recommendation, if any,
shall be a | 17 | | written recommendation adopted by a
majority vote of the board | 18 | | and submitted to the municipality within 30 days
after the | 19 | | board convenes. A board's recommendation shall be binding upon | 20 | | the
municipality. Failure of the board to submit
its | 21 | | recommendation on a timely basis shall not be cause to delay | 22 | | the public
hearing or the process of establishing or amending | 23 | | the
redevelopment project area. The board's recommendation on | 24 | | the proposal
shall be based upon the area satisfying the | 25 | | applicable eligibility criteria
defined in Section 11-74.6-10 | 26 | | and whether there is a basis for the
municipal findings set |
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| 1 | | forth in the redevelopment plan as required by this
Act. If the | 2 | | board does not file a recommendation it shall be presumed that
| 3 | | the board has found that the redevelopment project area | 4 | | satisfies the
eligibility criteria.
| 5 | | (c) After a municipality has by ordinance approved a | 6 | | redevelopment plan
and designated a redevelopment planning | 7 | | area or a redevelopment project area,
or both, the plan may be
| 8 | | amended and additional properties may be added to the | 9 | | redevelopment project
area only as herein provided. Amendments
| 10 | | which (1) add additional parcels of property to the proposed | 11 | | redevelopment
project
area, (2) substantially affect the | 12 | | general land uses proposed in the
redevelopment plan, (3) | 13 | | substantially change the nature of the redevelopment
project,
| 14 | | (4) increase the total estimated
redevelopment project costs | 15 | | set out in the redevelopment plan by more than 5%
after | 16 | | adjustment for inflation from the date the plan was adopted, or
| 17 | | (5) add additional redevelopment project costs to the itemized | 18 | | list of
redevelopment project costs set out in the | 19 | | redevelopment plan
shall be made only after the municipality | 20 | | gives notice,
convenes a joint review board, and conducts a | 21 | | public hearing pursuant to the
procedures set forth in this | 22 | | Section and in Section 11-74.6-25.
Changes which do not (1) add | 23 | | additional parcels of property to the proposed
redevelopment | 24 | | project area, (2) substantially affect the general land uses
| 25 | | proposed in the redevelopment plan, (3) substantially change | 26 | | the nature
of the redevelopment project, (4) increase the total |
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| 1 | | estimated redevelopment
project cost set out in the | 2 | | redevelopment plan by more than 5% after adjustment
for | 3 | | inflation from the date the plan was adopted, or (5) add | 4 | | additional
redevelopment project costs to the itemized list of | 5 | | redevelopment project costs
set out in the redevelopment plan
| 6 | | may be made without further hearing, provided that the | 7 | | municipality
shall give notice of any such changes by mail to | 8 | | each affected taxing district
and by publication once in a | 9 | | newspaper of general circulation within the affected
taxing | 10 | | district. Such notice by mail and by publication shall each | 11 | | occur not
later than 10 days following the adoption by | 12 | | ordinance of such changes. | 13 | | Notwithstanding Section 11-74.6-50, the redevelopment | 14 | | project area established by an ordinance adopted in its final | 15 | | form on December 19, 2011 by the City of Loves Park may be | 16 | | expanded by the adoption of an ordinance to that effect without | 17 | | further hearing or notice to include land that (i) is at least | 18 | | in part contiguous to the existing redevelopment project area, | 19 | | (ii) does not exceed approximately 16.56 acres, (iii) at the | 20 | | time of the establishment of the redevelopment project area | 21 | | would have been otherwise eligible for inclusion in the | 22 | | redevelopment project area, and (iv) is zoned so as to comply | 23 | | with this Act prior to its inclusion in the redevelopment | 24 | | project area.
| 25 | | (d) After the effective date of this amendatory Act of the | 26 | | 91st General
Assembly, a
municipality shall
submit the |
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| 1 | | following information for each redevelopment project area (i) | 2 | | to
the State Comptroller under Section 8-8-3.5 of the Illinois | 3 | | Municipal Code, subject to any extensions or exemptions | 4 | | provided at the Comptroller's discretion under that Section, | 5 | | and (ii) to all taxing districts overlapping
the
redevelopment | 6 | | project area
no later than 180
days after the close of each | 7 | | municipal fiscal year or as soon thereafter as
the audited | 8 | | financial statements become available and, in any case, shall | 9 | | be
submitted before the annual meeting of the joint review | 10 | | board to each of the
taxing districts that overlap the | 11 | | redevelopment project area:
| 12 | | (1) Any amendments to the redevelopment plan, or the | 13 | | redevelopment
project area.
| 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 of tax | 20 | | increment revenues has been deposited in
the fund.
| 21 | | (3) Certification of the Chief Executive Officer of the | 22 | | municipality
that the municipality has complied with all of | 23 | | the requirements of this Act
during the preceding fiscal | 24 | | year.
| 25 | | (4) An opinion of legal counsel that the municipality | 26 | | is in compliance
with this Act.
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| 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 | | project costs shall be designated as
surplus as set | 22 | | forth in Section
11-74.6-30 hereof.
| 23 | | (6) A description of all property purchased by the | 24 | | municipality within
the redevelopment project area | 25 | | including:
| 26 | | (A) Street address.
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| 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 by | 12 | | the municipality
with regard to the disposition or | 13 | | redevelopment of any property within the
redevelopment | 14 | | project area.
| 15 | | (D) Additional information on the use of all funds | 16 | | received under this
Division and steps taken by the
| 17 | | municipality to achieve the objectives of the | 18 | | redevelopment plan.
| 19 | | (E) Information regarding contracts that the | 20 | | municipality's tax
increment advisors or consultants | 21 | | have entered into with entities or persons
that have | 22 | | received, or are receiving, payments financed by tax | 23 | | increment
revenues produced
by the same redevelopment | 24 | | project area.
| 25 | | (F) Any reports submitted to the municipality by | 26 | | the joint review
board.
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| 1 | | (G) A review of public and, to the extent possible, | 2 | | private investment
actually undertaken to date after | 3 | | the effective date of this amendatory Act of
the 91st | 4 | | General Assembly and estimated to be undertaken during | 5 | | the following
year. This review
shall, on a | 6 | | project-by-project basis, set forth the estimated | 7 | | amounts of public
and private investment incurred | 8 | | after the effective date of this amendatory Act
of the | 9 | | 91st General Assembly
and provide the ratio of private | 10 | | investment to public investment to the date of
the | 11 | | report and as estimated to the completion of the | 12 | | redevelopment project.
| 13 | | (8) With regard to any obligations issued by the | 14 | | municipality:
| 15 | | (A) copies of any official statements; and
| 16 | | (B) an analysis prepared by financial advisor or | 17 | | underwriter setting
forth: (i) nature and term of | 18 | | obligation; and (ii) projected debt service
including | 19 | | required reserves and debt coverage.
| 20 | | (9) For special tax allocation funds that have received | 21 | | cumulative
deposits of incremental tax revenues of | 22 | | $100,000 or more, a certified audit
report reviewing | 23 | | compliance with
this Act
performed by an independent public | 24 | | accountant certified and licensed by the
authority of the | 25 | | State of Illinois. The financial portion of the audit
must | 26 | | be conducted in accordance with Standards for Audits of |
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| 1 | | Governmental
Organizations, Programs, Activities, and | 2 | | Functions adopted by the
Comptroller General of the United | 3 | | States (1981), as amended, or the standards
specified
by | 4 | | Section 8-8-5 of the Illinois Municipal Auditing Law of the | 5 | | Illinois
Municipal Code. The audit
report shall contain a | 6 | | letter from the independent certified public accountant
| 7 | | indicating compliance or noncompliance with the | 8 | | requirements
of subsection (o) of Section 11-74.6-10.
| 9 | | (e) The joint review board shall meet annually 180 days
| 10 | | after the close of the municipal fiscal year or as soon as the | 11 | | redevelopment
project audit for that fiscal year becomes | 12 | | available to review the
effectiveness and status of the | 13 | | redevelopment project area up to that date.
| 14 | | (Source: P.A. 97-146, eff. 1-1-12; 98-922, eff. 8-15-14.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.".
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