HB4560 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4560

 

Introduced 1/27/2016, by Rep. Barbara Flynn Currie

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/11-74.4-3  from Ch. 24, par. 11-74.4-3
65 ILCS 5/11-74.4-5  from Ch. 24, par. 11-74.4-5
65 ILCS 5/11-74.4-7  from Ch. 24, par. 11-74.4-7
105 ILCS 5/34-21.9 new

    Amends the Illinois Municipal Code. Provides that municipalities which contain a financially distressed school district with a population in its district of greater than 1,000,000 must annually calculate and distribute their distressed surplus funds. Further provides that municipalities with a financially distressed school district shall also submit to the State Comptroller and taxing districts in a tax increment financing redevelopment project area calculation of reporting year a calculation of contractual obligations and distressed surplus funds. Defines terms. Amends the School Code. Provides that a financially distressed school district must notify the municipalities within the school district's boundaries of its status as a financially distressed school district. Effective immediately.


LRB099 19500 AWJ 43893 b

 

 

A BILL FOR

 

HB4560LRB099 19500 AWJ 43893 b

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 Sections 11-74.4-3, 11-74.4-5, and 11-74.4-7 as
6follows:
 
7    (65 ILCS 5/11-74.4-3)  (from Ch. 24, par. 11-74.4-3)
8    Sec. 11-74.4-3. Definitions. The following terms, wherever
9used or referred to in this Division 74.4 shall have the
10following respective meanings, unless in any case a different
11meaning clearly appears from the context.
12    (a) For any redevelopment project area that has been
13designated pursuant to this Section by an ordinance adopted
14prior to November 1, 1999 (the effective date of Public Act
1591-478), "blighted area" shall have the meaning set forth in
16this Section prior to that date.
17    On and after November 1, 1999, "blighted area" means any
18improved or vacant area within the boundaries of a
19redevelopment project area located within the territorial
20limits of the municipality where:
21        (1) If improved, industrial, commercial, and
22    residential buildings or improvements are detrimental to
23    the public safety, health, or welfare because of a

 

 

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1    combination of 5 or more of the following factors, each of
2    which is (i) present, with that presence documented, to a
3    meaningful extent so that a municipality may reasonably
4    find that the factor is clearly present within the intent
5    of the Act and (ii) reasonably distributed throughout the
6    improved part of the redevelopment project area:
7            (A) Dilapidation. An advanced state of disrepair
8        or neglect of necessary repairs to the primary
9        structural components of buildings or improvements in
10        such a combination that a documented building
11        condition analysis determines that major repair is
12        required or the defects are so serious and so extensive
13        that the buildings must be removed.
14            (B) Obsolescence. The condition or process of
15        falling into disuse. Structures have become ill-suited
16        for the original use.
17            (C) Deterioration. With respect to buildings,
18        defects including, but not limited to, major defects in
19        the secondary building components such as doors,
20        windows, porches, gutters and downspouts, and fascia.
21        With respect to surface improvements, that the
22        condition of roadways, alleys, curbs, gutters,
23        sidewalks, off-street parking, and surface storage
24        areas evidence deterioration, including, but not
25        limited to, surface cracking, crumbling, potholes,
26        depressions, loose paving material, and weeds

 

 

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

 

 

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

 

 

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1        within or around buildings, increased threat of spread
2        of fire due to the close proximity of buildings, lack
3        of adequate or proper access to a public right-of-way,
4        lack of reasonably required off-street parking, or
5        inadequate provision for loading and service.
6            (J) Deleterious land use or layout. The existence
7        of incompatible land-use relationships, buildings
8        occupied by inappropriate mixed-uses, or uses
9        considered to be noxious, offensive, or unsuitable for
10        the surrounding area.
11            (K) Environmental clean-up. The proposed
12        redevelopment project area has incurred Illinois
13        Environmental Protection Agency or United States
14        Environmental Protection Agency remediation costs for,
15        or a study conducted by an independent consultant
16        recognized as having expertise in environmental
17        remediation has determined a need for, the clean-up of
18        hazardous waste, hazardous substances, or underground
19        storage tanks required by State or federal law,
20        provided that the remediation costs constitute a
21        material impediment to the development or
22        redevelopment of the redevelopment project area.
23            (L) Lack of community planning. The proposed
24        redevelopment project area was developed prior to or
25        without the benefit or guidance of a community plan.
26        This means that the development occurred prior to the

 

 

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1        adoption by the municipality of a comprehensive or
2        other community plan or that the plan was not followed
3        at the time of the area's development. This factor must
4        be documented by evidence of adverse or incompatible
5        land-use relationships, inadequate street layout,
6        improper subdivision, parcels of inadequate shape and
7        size to meet contemporary development standards, or
8        other evidence demonstrating an absence of effective
9        community planning.
10            (M) The total equalized assessed value of the
11        proposed redevelopment project area has declined for 3
12        of the last 5 calendar years prior to the year in which
13        the redevelopment project area is designated or is
14        increasing at an annual rate that is less than the
15        balance of the municipality for 3 of the last 5
16        calendar years for which information is available or is
17        increasing at an annual rate that is less than the
18        Consumer Price Index for All Urban Consumers published
19        by the United States Department of Labor or successor
20        agency for 3 of the last 5 calendar years prior to the
21        year in which the redevelopment project area is
22        designated.
23        (2) If vacant, the sound growth of the redevelopment
24    project area is impaired by a combination of 2 or more of
25    the following factors, each of which is (i) present, with
26    that presence documented, to a meaningful extent so that a

 

 

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1    municipality may reasonably find that the factor is clearly
2    present within the intent of the Act and (ii) reasonably
3    distributed throughout the vacant part of the
4    redevelopment project area to which it pertains:
5            (A) Obsolete platting of vacant land that results
6        in parcels of limited or narrow size or configurations
7        of parcels of irregular size or shape that would be
8        difficult to develop on a planned basis and in a manner
9        compatible with contemporary standards and
10        requirements, or platting that failed to create
11        rights-of-ways for streets or alleys or that created
12        inadequate right-of-way widths for streets, alleys, or
13        other public rights-of-way or that omitted easements
14        for public utilities.
15            (B) Diversity of ownership of parcels of vacant
16        land sufficient in number to retard or impede the
17        ability to assemble the land for development.
18            (C) Tax and special assessment delinquencies exist
19        or the property has been the subject of tax sales under
20        the Property Tax Code within the last 5 years.
21            (D) Deterioration of structures or site
22        improvements in neighboring areas adjacent to the
23        vacant land.
24            (E) The area has incurred Illinois Environmental
25        Protection Agency or United States Environmental
26        Protection Agency remediation costs for, or a study

 

 

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1        conducted by an independent consultant recognized as
2        having expertise in environmental remediation has
3        determined a need for, the clean-up of hazardous waste,
4        hazardous substances, or underground storage tanks
5        required by State or federal law, provided that the
6        remediation costs constitute a material impediment to
7        the development or redevelopment of the redevelopment
8        project area.
9            (F) The total equalized assessed value of the
10        proposed redevelopment project area has declined for 3
11        of the last 5 calendar years prior to the year in which
12        the redevelopment project area is designated or is
13        increasing at an annual rate that is less than the
14        balance of the municipality for 3 of the last 5
15        calendar years for which information is available or is
16        increasing at an annual rate that is less than the
17        Consumer Price Index for All Urban Consumers published
18        by the United States Department of Labor or successor
19        agency for 3 of the last 5 calendar years prior to the
20        year in which the redevelopment project area is
21        designated.
22        (3) If vacant, the sound growth of the redevelopment
23    project area is impaired by one of the following factors
24    that (i) is present, with that presence documented, to a
25    meaningful extent so that a municipality may reasonably
26    find that the factor is clearly present within the intent

 

 

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1    of the Act and (ii) is reasonably distributed throughout
2    the vacant part of the redevelopment project area to which
3    it pertains:
4            (A) The area consists of one or more unused
5        quarries, mines, or strip mine ponds.
6            (B) The area consists of unused rail yards, rail
7        tracks, or railroad rights-of-way.
8            (C) The area, prior to its designation, is subject
9        to (i) chronic flooding that adversely impacts on real
10        property in the area as certified by a registered
11        professional engineer or appropriate regulatory agency
12        or (ii) surface water that discharges from all or a
13        part of the area and contributes to flooding within the
14        same watershed, but only if the redevelopment project
15        provides for facilities or improvements to contribute
16        to the alleviation of all or part of the flooding.
17            (D) The area consists of an unused or illegal
18        disposal site containing earth, stone, building
19        debris, or similar materials that were removed from
20        construction, demolition, excavation, or dredge sites.
21            (E) Prior to November 1, 1999, the area is not less
22        than 50 nor more than 100 acres and 75% of which is
23        vacant (notwithstanding that the area has been used for
24        commercial agricultural purposes within 5 years prior
25        to the designation of the redevelopment project area),
26        and the area meets at least one of the factors itemized

 

 

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1        in paragraph (1) of this subsection, the area has been
2        designated as a town or village center by ordinance or
3        comprehensive plan adopted prior to January 1, 1982,
4        and the area has not been developed for that designated
5        purpose.
6            (F) The area qualified as a blighted improved area
7        immediately prior to becoming vacant, unless there has
8        been substantial private investment in the immediately
9        surrounding area.
10    (b) For any redevelopment project area that has been
11designated pursuant to this Section by an ordinance adopted
12prior to November 1, 1999 (the effective date of Public Act
1391-478), "conservation area" shall have the meaning set forth
14in this Section prior to that date.
15    On and after November 1, 1999, "conservation area" means
16any improved area within the boundaries of a redevelopment
17project area located within the territorial limits of the
18municipality in which 50% or more of the structures in the area
19have an age of 35 years or more. Such an area is not yet a
20blighted area but because of a combination of 3 or more of the
21following factors is detrimental to the public safety, health,
22morals or welfare and such an area may become a blighted area:
23        (1) Dilapidation. An advanced state of disrepair or
24    neglect of necessary repairs to the primary structural
25    components of buildings or improvements in such a
26    combination that a documented building condition analysis

 

 

HB4560- 11 -LRB099 19500 AWJ 43893 b

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

 

 

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

 

 

HB4560- 13 -LRB099 19500 AWJ 43893 b

1    use of property and the crowding of buildings and accessory
2    facilities onto a site. Examples of problem conditions
3    warranting the designation of an area as one exhibiting
4    excessive land coverage are: the presence of buildings
5    either improperly situated on parcels or located on parcels
6    of inadequate size and shape in relation to present-day
7    standards of development for health and safety and the
8    presence of multiple buildings on a single parcel. For
9    there to be a finding of excessive land coverage, these
10    parcels must exhibit one or more of the following
11    conditions: insufficient provision for light and air
12    within or around buildings, increased threat of spread of
13    fire due to the close proximity of buildings, lack of
14    adequate or proper access to a public right-of-way, lack of
15    reasonably required off-street parking, or inadequate
16    provision for loading and service.
17        (10) Deleterious land use or layout. The existence of
18    incompatible land-use relationships, buildings occupied by
19    inappropriate mixed-uses, or uses considered to be
20    noxious, offensive, or unsuitable for the surrounding
21    area.
22        (11) Lack of community planning. The proposed
23    redevelopment project area was developed prior to or
24    without the benefit or guidance of a community plan. This
25    means that the development occurred prior to the adoption
26    by the municipality of a comprehensive or other community

 

 

HB4560- 14 -LRB099 19500 AWJ 43893 b

1    plan or that the plan was not followed at the time of the
2    area's development. This factor must be documented by
3    evidence of adverse or incompatible land-use
4    relationships, inadequate street layout, improper
5    subdivision, parcels of inadequate shape and size to meet
6    contemporary development standards, or other evidence
7    demonstrating an absence of effective community planning.
8        (12) The area has incurred Illinois Environmental
9    Protection Agency or United States Environmental
10    Protection Agency remediation costs for, or a study
11    conducted by an independent consultant recognized as
12    having expertise in environmental remediation has
13    determined a need for, the clean-up of hazardous waste,
14    hazardous substances, or underground storage tanks
15    required by State or federal law, provided that the
16    remediation costs constitute a material impediment to the
17    development or redevelopment of the redevelopment project
18    area.
19        (13) The total equalized assessed value of the proposed
20    redevelopment project area has declined for 3 of the last 5
21    calendar years for which information is available or is
22    increasing at an annual rate that is less than the balance
23    of the municipality for 3 of the last 5 calendar years for
24    which information is available or is increasing at an
25    annual rate that is less than the Consumer Price Index for
26    All Urban Consumers published by the United States

 

 

HB4560- 15 -LRB099 19500 AWJ 43893 b

1    Department of Labor or successor agency for 3 of the last 5
2    calendar years for which information is available.
3    (b-1) "Distressed Surplus Funds" means moneys in the
4Special Tax Allocation Fund not required, pledged, earmarked,
5or otherwise designated for payment and securing of TIF
6Contractual Obligations.
7    (b-2) "Financially distressed school district" means a
8public school district, which has a population greater than
91,000,000 in its district, experiencing one or more of the
10following:
11        (1) A bond rating below investment grade assigned to
12    one of the most recent 5 bond issues.
13        (2) A credit review by a major rating agency which
14    indicates that a future bond issues would be rated below
15    investment grade.
16        (3) Total operating expenses exceeding total operating
17    revenues by 5% or more in the school district's General
18    Operating Fund in its most recently completed fiscal year,
19    as reported in the most recent Comprehensive Annual
20    Financial Report under Section 19.5 of the State
21    Comptroller Act.
22        (4) A funded ratio for its teacher's pension fund of
23    75% or less as reported in the school district's most
24    recent actuarial valuation report.
25    (c) "Industrial park" means an area in a blighted or
26conservation area suitable for use by any manufacturing,

 

 

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1industrial, research or transportation enterprise, of
2facilities to include but not be limited to factories, mills,
3processing plants, assembly plants, packing plants,
4fabricating plants, industrial distribution centers,
5warehouses, repair overhaul or service facilities, freight
6terminals, research facilities, test facilities or railroad
7facilities.
8    (d) "Industrial park conservation area" means an area
9within the boundaries of a redevelopment project area located
10within the territorial limits of a municipality that is a labor
11surplus municipality or within 1 1/2 miles of the territorial
12limits of a municipality that is a labor surplus municipality
13if the area is annexed to the municipality; which area is zoned
14as industrial no later than at the time the municipality by
15ordinance designates the redevelopment project area, and which
16area includes both vacant land suitable for use as an
17industrial park and a blighted area or conservation area
18contiguous to such vacant land.
19    (e) "Labor surplus municipality" means a municipality in
20which, at any time during the 6 months before the municipality
21by ordinance designates an industrial park conservation area,
22the unemployment rate was over 6% and was also 100% or more of
23the national average unemployment rate for that same time as
24published in the United States Department of Labor Bureau of
25Labor Statistics publication entitled "The Employment
26Situation" or its successor publication. For the purpose of

 

 

HB4560- 17 -LRB099 19500 AWJ 43893 b

1this subsection, if unemployment rate statistics for the
2municipality are not available, the unemployment rate in the
3municipality shall be deemed to be the same as the unemployment
4rate in the principal county in which the municipality is
5located.
6    (f) "Municipality" means shall mean a city, village,
7incorporated town, or a township that is located in the
8unincorporated portion of a county with 3 million or more
9inhabitants, if the county adopted an ordinance that approved
10the township's redevelopment plan.
11    (g) "Initial Sales Tax Amounts" means the amount of taxes
12paid under the Retailers' Occupation Tax Act, Use Tax Act,
13Service Use Tax Act, the Service Occupation Tax Act, the
14Municipal Retailers' Occupation Tax Act, and the Municipal
15Service Occupation Tax Act by retailers and servicemen on
16transactions at places located in a State Sales Tax Boundary
17during the calendar year 1985.
18    (g-1) "Revised Initial Sales Tax Amounts" means the amount
19of taxes paid under the Retailers' Occupation Tax Act, Use Tax
20Act, Service Use Tax Act, the Service Occupation Tax Act, the
21Municipal Retailers' Occupation Tax Act, and the Municipal
22Service Occupation Tax Act by retailers and servicemen on
23transactions at places located within the State Sales Tax
24Boundary revised pursuant to Section 11-74.4-8a(9) of this Act.
25    (h) "Municipal Sales Tax Increment" means an amount equal
26to the increase in the aggregate amount of taxes paid to a

 

 

HB4560- 18 -LRB099 19500 AWJ 43893 b

1municipality from the Local Government Tax Fund arising from
2sales by retailers and servicemen within the redevelopment
3project area or State Sales Tax Boundary, as the case may be,
4for as long as the redevelopment project area or State Sales
5Tax Boundary, as the case may be, exist over and above the
6aggregate amount of taxes as certified by the Illinois
7Department of Revenue and paid under the Municipal Retailers'
8Occupation Tax Act and the Municipal Service Occupation Tax Act
9by retailers and servicemen, on transactions at places of
10business located in the redevelopment project area or State
11Sales Tax Boundary, as the case may be, during the base year
12which shall be the calendar year immediately prior to the year
13in which the municipality adopted tax increment allocation
14financing. For purposes of computing the aggregate amount of
15such taxes for base years occurring prior to 1985, the
16Department of Revenue shall determine the Initial Sales Tax
17Amounts for such taxes and deduct therefrom an amount equal to
184% of the aggregate amount of taxes per year for each year the
19base year is prior to 1985, but not to exceed a total deduction
20of 12%. The amount so determined shall be known as the
21"Adjusted Initial Sales Tax Amounts". For purposes of
22determining the Municipal Sales Tax Increment, the Department
23of Revenue shall for each period subtract from the amount paid
24to the municipality from the Local Government Tax Fund arising
25from sales by retailers and servicemen on transactions located
26in the redevelopment project area or the State Sales Tax

 

 

HB4560- 19 -LRB099 19500 AWJ 43893 b

1Boundary, as the case may be, the certified Initial Sales Tax
2Amounts, the Adjusted Initial Sales Tax Amounts or the Revised
3Initial Sales Tax Amounts for the Municipal Retailers'
4Occupation Tax Act and the Municipal Service Occupation Tax
5Act. For the State Fiscal Year 1989, this calculation shall be
6made by utilizing the calendar year 1987 to determine the tax
7amounts received. For the State Fiscal Year 1990, this
8calculation shall be made by utilizing the period from January
91, 1988, until September 30, 1988, to determine the tax amounts
10received from retailers and servicemen pursuant to the
11Municipal Retailers' Occupation Tax and the Municipal Service
12Occupation Tax Act, which shall have deducted therefrom
13nine-twelfths of the certified Initial Sales Tax Amounts, the
14Adjusted Initial Sales Tax Amounts or the Revised Initial Sales
15Tax Amounts as appropriate. For the State Fiscal Year 1991,
16this calculation shall be made by utilizing the period from
17October 1, 1988, to June 30, 1989, to determine the tax amounts
18received from retailers and servicemen pursuant to the
19Municipal Retailers' Occupation Tax and the Municipal Service
20Occupation Tax Act which shall have deducted therefrom
21nine-twelfths of the certified Initial Sales Tax Amounts,
22Adjusted Initial Sales Tax Amounts or the Revised Initial Sales
23Tax Amounts as appropriate. For every State Fiscal Year
24thereafter, the applicable period shall be the 12 months
25beginning July 1 and ending June 30 to determine the tax
26amounts received which shall have deducted therefrom the

 

 

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1certified Initial Sales Tax Amounts, the Adjusted Initial Sales
2Tax Amounts or the Revised Initial Sales Tax Amounts, as the
3case may be.
4    (i) "Net State Sales Tax Increment" means the sum of the
5following: (a) 80% of the first $100,000 of State Sales Tax
6Increment annually generated within a State Sales Tax Boundary;
7(b) 60% of the amount in excess of $100,000 but not exceeding
8$500,000 of State Sales Tax Increment annually generated within
9a State Sales Tax Boundary; and (c) 40% of all amounts in
10excess of $500,000 of State Sales Tax Increment annually
11generated within a State Sales Tax Boundary. If, however, a
12municipality established a tax increment financing district in
13a county with a population in excess of 3,000,000 before
14January 1, 1986, and the municipality entered into a contract
15or issued bonds after January 1, 1986, but before December 31,
161986, to finance redevelopment project costs within a State
17Sales Tax Boundary, then the Net State Sales Tax Increment
18means, for the fiscal years beginning July 1, 1990, and July 1,
191991, 100% of the State Sales Tax Increment annually generated
20within a State Sales Tax Boundary; and notwithstanding any
21other provision of this Act, for those fiscal years the
22Department of Revenue shall distribute to those municipalities
23100% of their Net State Sales Tax Increment before any
24distribution to any other municipality and regardless of
25whether or not those other municipalities will receive 100% of
26their Net State Sales Tax Increment. For Fiscal Year 1999, and

 

 

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1every year thereafter until the year 2007, for any municipality
2that has not entered into a contract or has not issued bonds
3prior to June 1, 1988 to finance redevelopment project costs
4within a State Sales Tax Boundary, the Net State Sales Tax
5Increment shall be calculated as follows: By multiplying the
6Net State Sales Tax Increment by 90% in the State Fiscal Year
71999; 80% in the State Fiscal Year 2000; 70% in the State
8Fiscal Year 2001; 60% in the State Fiscal Year 2002; 50% in the
9State Fiscal Year 2003; 40% in the State Fiscal Year 2004; 30%
10in the State Fiscal Year 2005; 20% in the State Fiscal Year
112006; and 10% in the State Fiscal Year 2007. No payment shall
12be made for State Fiscal Year 2008 and thereafter.
13    Municipalities that issued bonds in connection with a
14redevelopment project in a redevelopment project area within
15the State Sales Tax Boundary prior to July 29, 1991, or that
16entered into contracts in connection with a redevelopment
17project in a redevelopment project area before June 1, 1988,
18shall continue to receive their proportional share of the
19Illinois Tax Increment Fund distribution until the date on
20which the redevelopment project is completed or terminated. If,
21however, a municipality that issued bonds in connection with a
22redevelopment project in a redevelopment project area within
23the State Sales Tax Boundary prior to July 29, 1991 retires the
24bonds prior to June 30, 2007 or a municipality that entered
25into contracts in connection with a redevelopment project in a
26redevelopment project area before June 1, 1988 completes the

 

 

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1contracts prior to June 30, 2007, then so long as the
2redevelopment project is not completed or is not terminated,
3the Net State Sales Tax Increment shall be calculated,
4beginning on the date on which the bonds are retired or the
5contracts are completed, as follows: By multiplying the Net
6State Sales Tax Increment by 60% in the State Fiscal Year 2002;
750% in the State Fiscal Year 2003; 40% in the State Fiscal Year
82004; 30% in the State Fiscal Year 2005; 20% in the State
9Fiscal Year 2006; and 10% in the State Fiscal Year 2007. No
10payment shall be made for State Fiscal Year 2008 and
11thereafter. Refunding of any bonds issued prior to July 29,
121991, shall not alter the Net State Sales Tax Increment.
13    (j) "State Utility Tax Increment Amount" means an amount
14equal to the aggregate increase in State electric and gas tax
15charges imposed on owners and tenants, other than residential
16customers, of properties located within the redevelopment
17project area under Section 9-222 of the Public Utilities Act,
18over and above the aggregate of such charges as certified by
19the Department of Revenue and paid by owners and tenants, other
20than residential customers, of properties within the
21redevelopment project area during the base year, which shall be
22the calendar year immediately prior to the year of the adoption
23of the ordinance authorizing tax increment allocation
24financing.
25    (k) "Net State Utility Tax Increment" means the sum of the
26following: (a) 80% of the first $100,000 of State Utility Tax

 

 

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1Increment annually generated by a redevelopment project area;
2(b) 60% of the amount in excess of $100,000 but not exceeding
3$500,000 of the State Utility Tax Increment annually generated
4by a redevelopment project area; and (c) 40% of all amounts in
5excess of $500,000 of State Utility Tax Increment annually
6generated by a redevelopment project area. For the State Fiscal
7Year 1999, and every year thereafter until the year 2007, for
8any municipality that has not entered into a contract or has
9not issued bonds prior to June 1, 1988 to finance redevelopment
10project costs within a redevelopment project area, the Net
11State Utility Tax Increment shall be calculated as follows: By
12multiplying the Net State Utility Tax Increment by 90% in the
13State Fiscal Year 1999; 80% in the State Fiscal Year 2000; 70%
14in the State Fiscal Year 2001; 60% in the State Fiscal Year
152002; 50% in the State Fiscal Year 2003; 40% in the State
16Fiscal Year 2004; 30% in the State Fiscal Year 2005; 20% in the
17State Fiscal Year 2006; and 10% in the State Fiscal Year 2007.
18No payment shall be made for the State Fiscal Year 2008 and
19thereafter.
20    Municipalities that issue bonds in connection with the
21redevelopment project during the period from June 1, 1988 until
223 years after the effective date of this Amendatory Act of 1988
23shall receive the Net State Utility Tax Increment, subject to
24appropriation, for 15 State Fiscal Years after the issuance of
25such bonds. For the 16th through the 20th State Fiscal Years
26after issuance of the bonds, the Net State Utility Tax

 

 

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1Increment shall be calculated as follows: By multiplying the
2Net State Utility Tax Increment by 90% in year 16; 80% in year
317; 70% in year 18; 60% in year 19; and 50% in year 20.
4Refunding of any bonds issued prior to June 1, 1988, shall not
5alter the revised Net State Utility Tax Increment payments set
6forth above.
7    (l) "Obligations" mean bonds, loans, debentures, notes,
8special certificates or other evidence of indebtedness issued
9by the municipality to carry out a redevelopment project or to
10refund outstanding obligations.
11    (m) "Payment in lieu of taxes" means those estimated tax
12revenues from real property in a redevelopment project area
13derived from real property that has been acquired by a
14municipality which according to the redevelopment project or
15plan is to be used for a private use which taxing districts
16would have received had a municipality not acquired the real
17property and adopted tax increment allocation financing and
18which would result from levies made after the time of the
19adoption of tax increment allocation financing to the time the
20current equalized value of real property in the redevelopment
21project area exceeds the total initial equalized value of real
22property in said area.
23    (n) "Redevelopment plan" means the comprehensive program
24of the municipality for development or redevelopment intended
25by the payment of redevelopment project costs to reduce or
26eliminate those conditions the existence of which qualified the

 

 

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

 

 

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1        (D) the sources of funds to pay costs;
2        (E) the nature and term of the obligations to be
3    issued;
4        (F) the most recent equalized assessed valuation of the
5    redevelopment project area;
6        (G) an estimate as to the equalized assessed valuation
7    after redevelopment and the general land uses to apply in
8    the redevelopment project area;
9        (H) a commitment to fair employment practices and an
10    affirmative action plan;
11        (I) if it concerns an industrial park conservation
12    area, the plan shall also include a general description of
13    any proposed developer, user and tenant of any property, a
14    description of the type, structure and general character of
15    the facilities to be developed, a description of the type,
16    class and number of new employees to be employed in the
17    operation of the facilities to be developed; and
18        (J) if property is to be annexed to the municipality,
19    the plan shall include the terms of the annexation
20    agreement.
21    The provisions of items (B) and (C) of this subsection (n)
22shall not apply to a municipality that before March 14, 1994
23(the effective date of Public Act 88-537) had fixed, either by
24its corporate authorities or by a commission designated under
25subsection (k) of Section 11-74.4-4, a time and place for a
26public hearing as required by subsection (a) of Section

 

 

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111-74.4-5. No redevelopment plan shall be adopted unless a
2municipality complies with all of the following requirements:
3        (1) The municipality finds that the redevelopment
4    project area on the whole has not been subject to growth
5    and development through investment by private enterprise
6    and would not reasonably be anticipated to be developed
7    without the adoption of the redevelopment plan.
8        (2) The municipality finds that the redevelopment plan
9    and project conform to the comprehensive plan for the
10    development of the municipality as a whole, or, for
11    municipalities with a population of 100,000 or more,
12    regardless of when the redevelopment plan and project was
13    adopted, the redevelopment plan and project either: (i)
14    conforms to the strategic economic development or
15    redevelopment plan issued by the designated planning
16    authority of the municipality, or (ii) includes land uses
17    that have been approved by the planning commission of the
18    municipality.
19        (3) The redevelopment plan establishes the estimated
20    dates of completion of the redevelopment project and
21    retirement of obligations issued to finance redevelopment
22    project costs. Those dates may not be later than the dates
23    set forth under Section 11-74.4-3.5.
24        A municipality may by municipal ordinance amend an
25    existing redevelopment plan to conform to this paragraph
26    (3) as amended by Public Act 91-478, which municipal

 

 

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1    ordinance may be adopted without further hearing or notice
2    and without complying with the procedures provided in this
3    Act pertaining to an amendment to or the initial approval
4    of a redevelopment plan and project and designation of a
5    redevelopment project area.
6        (3.5) The municipality finds, in the case of an
7    industrial park conservation area, also that the
8    municipality is a labor surplus municipality and that the
9    implementation of the redevelopment plan will reduce
10    unemployment, create new jobs and by the provision of new
11    facilities enhance the tax base of the taxing districts
12    that extend into the redevelopment project area.
13        (4) If any incremental revenues are being utilized
14    under Section 8(a)(1) or 8(a)(2) of this Act in
15    redevelopment project areas approved by ordinance after
16    January 1, 1986, the municipality finds: (a) that the
17    redevelopment project area would not reasonably be
18    developed without the use of such incremental revenues, and
19    (b) that such incremental revenues will be exclusively
20    utilized for the development of the redevelopment project
21    area.
22        (5) If the redevelopment plan will not result in
23    displacement of residents from 10 or more inhabited
24    residential units, and the municipality certifies in the
25    plan that such displacement will not result from the plan,
26    a housing impact study need not be performed. If, however,

 

 

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1    the redevelopment plan would result in the displacement of
2    residents from 10 or more inhabited residential units, or
3    if the redevelopment project area contains 75 or more
4    inhabited residential units and no certification is made,
5    then the municipality shall prepare, as part of the
6    separate feasibility report required by subsection (a) of
7    Section 11-74.4-5, a housing impact study.
8        Part I of the housing impact study shall include (i)
9    data as to whether the residential units are single family
10    or multi-family units, (ii) the number and type of rooms
11    within the units, if that information is available, (iii)
12    whether the units are inhabited or uninhabited, as
13    determined not less than 45 days before the date that the
14    ordinance or resolution required by subsection (a) of
15    Section 11-74.4-5 is passed, and (iv) data as to the racial
16    and ethnic composition of the residents in the inhabited
17    residential units. The data requirement as to the racial
18    and ethnic composition of the residents in the inhabited
19    residential units shall be deemed to be fully satisfied by
20    data from the most recent federal census.
21        Part II of the housing impact study shall identify the
22    inhabited residential units in the proposed redevelopment
23    project area that are to be or may be removed. If inhabited
24    residential units are to be removed, then the housing
25    impact study shall identify (i) the number and location of
26    those units that will or may be removed, (ii) the

 

 

HB4560- 30 -LRB099 19500 AWJ 43893 b

1    municipality's plans for relocation assistance for those
2    residents in the proposed redevelopment project area whose
3    residences are to be removed, (iii) the availability of
4    replacement housing for those residents whose residences
5    are to be removed, and shall identify the type, location,
6    and cost of the housing, and (iv) the type and extent of
7    relocation assistance to be provided.
8        (6) On and after November 1, 1999, the housing impact
9    study required by paragraph (5) shall be incorporated in
10    the redevelopment plan for the redevelopment project area.
11        (7) On and after November 1, 1999, no redevelopment
12    plan shall be adopted, nor an existing plan amended, nor
13    shall residential housing that is occupied by households of
14    low-income and very low-income persons in currently
15    existing redevelopment project areas be removed after
16    November 1, 1999 unless the redevelopment plan provides,
17    with respect to inhabited housing units that are to be
18    removed for households of low-income and very low-income
19    persons, affordable housing and relocation assistance not
20    less than that which would be provided under the federal
21    Uniform Relocation Assistance and Real Property
22    Acquisition Policies Act of 1970 and the regulations under
23    that Act, including the eligibility criteria. Affordable
24    housing may be either existing or newly constructed
25    housing. For purposes of this paragraph (7), "low-income
26    households", "very low-income households", and "affordable

 

 

HB4560- 31 -LRB099 19500 AWJ 43893 b

1    housing" have the meanings set forth in the Illinois
2    Affordable Housing Act. The municipality shall make a good
3    faith effort to ensure that this affordable housing is
4    located in or near the redevelopment project area within
5    the municipality.
6        (8) On and after November 1, 1999, if, after the
7    adoption of the redevelopment plan for the redevelopment
8    project area, any municipality desires to amend its
9    redevelopment plan to remove more inhabited residential
10    units than specified in its original redevelopment plan,
11    that change shall be made in accordance with the procedures
12    in subsection (c) of Section 11-74.4-5.
13        (9) For redevelopment project areas designated prior
14    to November 1, 1999, the redevelopment plan may be amended
15    without further joint review board meeting or hearing,
16    provided that the municipality shall give notice of any
17    such changes by mail to each affected taxing district and
18    registrant on the interested party registry, to authorize
19    the municipality to expend tax increment revenues for
20    redevelopment project costs defined by paragraphs (5) and
21    (7.5), subparagraphs (E) and (F) of paragraph (11), and
22    paragraph (11.5) of subsection (q) of Section 11-74.4-3, so
23    long as the changes do not increase the total estimated
24    redevelopment project costs set out in the redevelopment
25    plan by more than 5% after adjustment for inflation from
26    the date the plan was adopted.

 

 

HB4560- 32 -LRB099 19500 AWJ 43893 b

1    (o) "Redevelopment project" means any public and private
2development project in furtherance of the objectives of a
3redevelopment plan. On and after November 1, 1999 (the
4effective date of Public Act 91-478), no redevelopment plan may
5be approved or amended that includes the development of vacant
6land (i) with a golf course and related clubhouse and other
7facilities or (ii) designated by federal, State, county, or
8municipal government as public land for outdoor recreational
9activities or for nature preserves and used for that purpose
10within 5 years prior to the adoption of the redevelopment plan.
11For the purpose of this subsection, "recreational activities"
12is limited to mean camping and hunting.
13    (p) "Redevelopment project area" means an area designated
14by the municipality, which is not less in the aggregate than 1
151/2 acres and in respect to which the municipality has made a
16finding that there exist conditions which cause the area to be
17classified as an industrial park conservation area or a
18blighted area or a conservation area, or a combination of both
19blighted areas and conservation areas.
20    (p-1) Notwithstanding any provision of this Act to the
21contrary, on and after August 25, 2009 (the effective date of
22Public Act 96-680), a redevelopment project area may include
23areas within a one-half mile radius of an existing or proposed
24Regional Transportation Authority Suburban Transit Access
25Route (STAR Line) station without a finding that the area is
26classified as an industrial park conservation area, a blighted

 

 

HB4560- 33 -LRB099 19500 AWJ 43893 b

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

 

 

HB4560- 34 -LRB099 19500 AWJ 43893 b

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

 

 

HB4560- 35 -LRB099 19500 AWJ 43893 b

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

 

 

HB4560- 36 -LRB099 19500 AWJ 43893 b

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

 

 

HB4560- 37 -LRB099 19500 AWJ 43893 b

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

 

 

HB4560- 38 -LRB099 19500 AWJ 43893 b

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

 

 

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1            amount of property tax increment revenue produced
2            by those housing units that have received tax
3            increment finance assistance under this Act.
4            (B) For alternate method districts, flat grant
5        districts, and foundation districts with a district
6        average 1995-96 Per Capita Tuition Charge equal to or
7        more than $5,900, excluding any school district with a
8        population in excess of 1,000,000, by multiplying the
9        district's increase in attendance resulting from the
10        net increase in new students enrolled in that school
11        district who reside in housing units within the
12        redevelopment project area that have received
13        financial assistance through an agreement with the
14        municipality or because the municipality incurs the
15        cost of necessary infrastructure improvements within
16        the boundaries of the housing sites necessary for the
17        completion of that housing as authorized by this Act
18        since the designation of the redevelopment project
19        area by the most recently available per capita tuition
20        cost as defined in Section 10-20.12a of the School Code
21        less any increase in general state aid as defined in
22        Section 18-8.05 of the School Code attributable to
23        these added new students subject to the following
24        annual limitations:
25                (i) for unit school districts, no more than 40%
26            of the total amount of property tax increment

 

 

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

 

 

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1                (iii) the amount reimbursed may not affect
2            amounts otherwise obligated by the terms of any
3            bonds, notes, or other funding instruments, or the
4            terms of any redevelopment agreement.
5        Any school district seeking payment under this
6        paragraph (7.5) shall, after July 1 and before
7        September 30 of each year, provide the municipality
8        with reasonable evidence to support its claim for
9        reimbursement before the municipality shall be
10        required to approve or make the payment to the school
11        district. If the school district fails to provide the
12        information during this period in any year, it shall
13        forfeit any claim to reimbursement for that year.
14        School districts may adopt a resolution waiving the
15        right to all or a portion of the reimbursement
16        otherwise required by this paragraph (7.5). By
17        acceptance of this reimbursement the school district
18        waives the right to directly or indirectly set aside,
19        modify, or contest in any manner the establishment of
20        the redevelopment project area or projects;
21        (7.7) For redevelopment project areas designated (or
22    redevelopment project areas amended to add or increase the
23    number of tax-increment-financing assisted housing units)
24    on or after January 1, 2005 (the effective date of Public
25    Act 93-961), a public library district's increased costs
26    attributable to assisted housing units located within the

 

 

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

 

 

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

 

 

HB4560- 44 -LRB099 19500 AWJ 43893 b

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

 

 

HB4560- 45 -LRB099 19500 AWJ 43893 b

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

 

 

HB4560- 46 -LRB099 19500 AWJ 43893 b

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

 

 

HB4560- 47 -LRB099 19500 AWJ 43893 b

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

 

 

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

 

 

HB4560- 49 -LRB099 19500 AWJ 43893 b

1    the purposes of this paragraph, "low-income families"
2    means families whose annual income does not exceed 80% of
3    the municipal, county, or regional median income, adjusted
4    for family size, as the annual income and municipal,
5    county, or regional median income are determined from time
6    to time by the United States Department of Housing and
7    Urban Development.
8        (12) Unless explicitly stated herein the cost of
9    construction of new privately-owned buildings shall not be
10    an eligible redevelopment project cost.
11        (13) After November 1, 1999 (the effective date of
12    Public Act 91-478), none of the redevelopment project costs
13    enumerated in this subsection shall be eligible
14    redevelopment project costs if those costs would provide
15    direct financial support to a retail entity initiating
16    operations in the redevelopment project area while
17    terminating operations at another Illinois location within
18    10 miles of the redevelopment project area but outside the
19    boundaries of the redevelopment project area municipality.
20    For purposes of this paragraph, termination means a closing
21    of a retail operation that is directly related to the
22    opening of the same operation or like retail entity owned
23    or operated by more than 50% of the original ownership in a
24    redevelopment project area, but it does not mean closing an
25    operation for reasons beyond the control of the retail
26    entity, as documented by the retail entity, subject to a

 

 

HB4560- 50 -LRB099 19500 AWJ 43893 b

1    reasonable finding by the municipality that the current
2    location contained inadequate space, had become
3    economically obsolete, or was no longer a viable location
4    for the retailer or serviceman.
5        (14) No cost shall be a redevelopment project cost in a
6    redevelopment project area if used to demolish, remove, or
7    substantially modify a historic resource, after August 26,
8    2008 (the effective date of Public Act 95-934), unless no
9    prudent and feasible alternative exists. "Historic
10    resource" for the purpose of this item (14) means (i) a
11    place or structure that is included or eligible for
12    inclusion on the National Register of Historic Places or
13    (ii) a contributing structure in a district on the National
14    Register of Historic Places. This item (14) does not apply
15    to a place or structure for which demolition, removal, or
16    modification is subject to review by the preservation
17    agency of a Certified Local Government designated as such
18    by the National Park Service of the United States
19    Department of the Interior.
20    If a special service area has been established pursuant to
21the Special Service Area Tax Act or Special Service Area Tax
22Law, then any tax increment revenues derived from the tax
23imposed pursuant to the Special Service Area Tax Act or Special
24Service Area Tax Law may be used within the redevelopment
25project area for the purposes permitted by that Act or Law as
26well as the purposes permitted by this Act.

 

 

HB4560- 51 -LRB099 19500 AWJ 43893 b

1    (q-1) For redevelopment project areas created pursuant to
2subsection (p-1), redevelopment project costs are limited to
3those costs in paragraph (q) that are related to the existing
4or proposed Regional Transportation Authority Suburban Transit
5Access Route (STAR Line) station.
6    (r) "State Sales Tax Boundary" means the redevelopment
7project area or the amended redevelopment project area
8boundaries which are determined pursuant to subsection (9) of
9Section 11-74.4-8a of this Act. The Department of Revenue shall
10certify pursuant to subsection (9) of Section 11-74.4-8a the
11appropriate boundaries eligible for the determination of State
12Sales Tax Increment.
13    (s) "State Sales Tax Increment" means an amount equal to
14the increase in the aggregate amount of taxes paid by retailers
15and servicemen, other than retailers and servicemen subject to
16the Public Utilities Act, on transactions at places of business
17located within a State Sales Tax Boundary pursuant to the
18Retailers' Occupation Tax Act, the Use Tax Act, the Service Use
19Tax Act, and the Service Occupation Tax Act, except such
20portion of such increase that is paid into the State and Local
21Sales Tax Reform Fund, the Local Government Distributive Fund,
22the Local Government Tax Fund and the County and Mass Transit
23District Fund, for as long as State participation exists, over
24and above the Initial Sales Tax Amounts, Adjusted Initial Sales
25Tax Amounts or the Revised Initial Sales Tax Amounts for such
26taxes as certified by the Department of Revenue and paid under

 

 

HB4560- 52 -LRB099 19500 AWJ 43893 b

1those Acts by retailers and servicemen on transactions at
2places of business located within the State Sales Tax Boundary
3during the base year which shall be the calendar year
4immediately prior to the year in which the municipality adopted
5tax increment allocation financing, less 3.0% of such amounts
6generated under the Retailers' Occupation Tax Act, Use Tax Act
7and Service Use Tax Act and the Service Occupation Tax Act,
8which sum shall be appropriated to the Department of Revenue to
9cover its costs of administering and enforcing this Section.
10For purposes of computing the aggregate amount of such taxes
11for base years occurring prior to 1985, the Department of
12Revenue shall compute the Initial Sales Tax Amount for such
13taxes and deduct therefrom an amount equal to 4% of the
14aggregate amount of taxes per year for each year the base year
15is prior to 1985, but not to exceed a total deduction of 12%.
16The amount so determined shall be known as the "Adjusted
17Initial Sales Tax Amount". For purposes of determining the
18State Sales Tax Increment the Department of Revenue shall for
19each period subtract from the tax amounts received from
20retailers and servicemen on transactions located in the State
21Sales Tax Boundary, the certified Initial Sales Tax Amounts,
22Adjusted Initial Sales Tax Amounts or Revised Initial Sales Tax
23Amounts for the Retailers' Occupation Tax Act, the Use Tax Act,
24the Service Use Tax Act and the Service Occupation Tax Act. For
25the State Fiscal Year 1989 this calculation shall be made by
26utilizing the calendar year 1987 to determine the tax amounts

 

 

HB4560- 53 -LRB099 19500 AWJ 43893 b

1received. For the State Fiscal Year 1990, this calculation
2shall be made by utilizing the period from January 1, 1988,
3until September 30, 1988, to determine the tax amounts received
4from retailers and servicemen, which shall have deducted
5therefrom nine-twelfths of the certified Initial Sales Tax
6Amounts, Adjusted Initial Sales Tax Amounts or the Revised
7Initial Sales Tax Amounts as appropriate. For the State Fiscal
8Year 1991, this calculation shall be made by utilizing the
9period from October 1, 1988, until June 30, 1989, to determine
10the tax amounts received from retailers and servicemen, which
11shall have deducted therefrom nine-twelfths of the certified
12Initial State Sales Tax Amounts, Adjusted Initial Sales Tax
13Amounts or the Revised Initial Sales Tax Amounts as
14appropriate. For every State Fiscal Year thereafter, the
15applicable period shall be the 12 months beginning July 1 and
16ending on June 30, to determine the tax amounts received which
17shall have deducted therefrom the certified Initial Sales Tax
18Amounts, Adjusted Initial Sales Tax Amounts or the Revised
19Initial Sales Tax Amounts. Municipalities intending to receive
20a distribution of State Sales Tax Increment must report a list
21of retailers to the Department of Revenue by October 31, 1988
22and by July 31, of each year thereafter.
23    (t) "Taxing districts" means counties, townships, cities
24and incorporated towns and villages, school, road, park,
25sanitary, mosquito abatement, forest preserve, public health,
26fire protection, river conservancy, tuberculosis sanitarium

 

 

HB4560- 54 -LRB099 19500 AWJ 43893 b

1and any other municipal corporations or districts with the
2power to levy taxes.
3    (u) "Taxing districts' capital costs" means those costs of
4taxing districts for capital improvements that are found by the
5municipal corporate authorities to be necessary and directly
6result from the redevelopment project.
7    (u-5) "TIF Contractual Obligations" means bonds, loans,
8debentures, notes, special certificates, or other evidence of
9indebtedness issued by the municipality to carry out a
10redevelopment project or to refund outstanding obligations and
11payments associated with a redevelopment agreement or other
12binding contract which has been approved by the corporate
13authorities of the municipality. "TIF Contractual Obligations"
14do not include anticipated redevelopment project costs,
15multi-year capital plans, or other potential future payments
16not required to be made under to a legally binding written
17document approved by the corporate authorities of the
18municipality.
19    (v) As used in subsection (a) of Section 11-74.4-3 of this
20Act, "vacant land" means any parcel or combination of parcels
21of real property without industrial, commercial, and
22residential buildings which has not been used for commercial
23agricultural purposes within 5 years prior to the designation
24of the redevelopment project area, unless the parcel is
25included in an industrial park conservation area or the parcel
26has been subdivided; provided that if the parcel was part of a

 

 

HB4560- 55 -LRB099 19500 AWJ 43893 b

1larger tract that has been divided into 3 or more smaller
2tracts that were accepted for recording during the period from
31950 to 1990, then the parcel shall be deemed to have been
4subdivided, and all proceedings and actions of the municipality
5taken in that connection with respect to any previously
6approved or designated redevelopment project area or amended
7redevelopment project area are hereby validated and hereby
8declared to be legally sufficient for all purposes of this Act.
9For purposes of this Section and only for land subject to the
10subdivision requirements of the Plat Act, land is subdivided
11when the original plat of the proposed Redevelopment Project
12Area or relevant portion thereof has been properly certified,
13acknowledged, approved, and recorded or filed in accordance
14with the Plat Act and a preliminary plat, if any, for any
15subsequent phases of the proposed Redevelopment Project Area or
16relevant portion thereof has been properly approved and filed
17in accordance with the applicable ordinance of the
18municipality.
19    (w) "Annual Total Increment" means the sum of each
20municipality's annual Net Sales Tax Increment and each
21municipality's annual Net Utility Tax Increment. The ratio of
22the Annual Total Increment of each municipality to the Annual
23Total Increment for all municipalities, as most recently
24calculated by the Department, shall determine the proportional
25shares of the Illinois Tax Increment Fund to be distributed to
26each municipality.

 

 

HB4560- 56 -LRB099 19500 AWJ 43893 b

1    (x) "LEED certified" means any certification level of
2construction elements by a qualified Leadership in Energy and
3Environmental Design Accredited Professional as determined by
4the U.S. Green Building Council.
5    (y) "Green Globes certified" means any certification level
6of construction elements by a qualified Green Globes
7Professional as determined by the Green Building Initiative.
8(Source: P.A. 96-328, eff. 8-11-09; 96-630, eff. 1-1-10;
996-680, eff. 8-25-09; 96-1000, eff. 7-2-10; 97-101, eff.
101-1-12.)
 
11    (65 ILCS 5/11-74.4-5)  (from Ch. 24, par. 11-74.4-5)
12    Sec. 11-74.4-5. Public hearing; joint review board.
13    (a) The changes made by this amendatory Act of the 91st
14General Assembly do not apply to a municipality that, (i)
15before November 1, 1999 (the effective date of Public Act
1691-478) this amendatory Act of the 91st General Assembly, has
17adopted an ordinance or resolution fixing a time and place for
18a public hearing under this Section or (ii) before July 1,
191999, has adopted an ordinance or resolution providing for a
20feasibility study under Section 11-74.4-4.1, but has not yet
21adopted an ordinance approving redevelopment plans and
22redevelopment projects or designating redevelopment project
23areas under Section 11-74.4-4, until after that municipality
24adopts an ordinance approving redevelopment plans and
25redevelopment projects or designating redevelopment project

 

 

HB4560- 57 -LRB099 19500 AWJ 43893 b

1areas under Section 11-74.4-4; thereafter the changes made by
2Public Act 91-478 this amendatory Act of the 91st General
3Assembly apply to the same extent that they apply to
4redevelopment plans and redevelopment projects that were
5approved and redevelopment projects that were designated
6before November 1, 1999 (the effective date of Public Act
791-478) this amendatory Act of the 91st General Assembly.
8    Prior to the adoption of an ordinance proposing the
9designation of a redevelopment project area, or approving a
10redevelopment plan or redevelopment project, the municipality
11by its corporate authorities, or as it may determine by any
12commission designated under subsection (k) of Section
1311-74.4-4 shall adopt an ordinance or resolution fixing a time
14and place for public hearing. At least 10 days prior to the
15adoption of the ordinance or resolution establishing the time
16and place for the public hearing, the municipality shall make
17available for public inspection a redevelopment plan or a
18separate report that provides in reasonable detail the basis
19for the eligibility of the redevelopment project area. The
20report along with the name of a person to contact for further
21information shall be sent within a reasonable time after the
22adoption of such ordinance or resolution to the affected taxing
23districts by certified mail. On and after the effective date of
24this amendatory Act of the 91st General Assembly, the
25municipality shall print in a newspaper of general circulation
26within the municipality a notice that interested persons may

 

 

HB4560- 58 -LRB099 19500 AWJ 43893 b

1register with the municipality in order to receive information
2on the proposed designation of a redevelopment project area or
3the approval of a redevelopment plan. The notice shall state
4the place of registration and the operating hours of that
5place. The municipality shall have adopted reasonable rules to
6implement this registration process under Section 11-74.4-4.2.
7The municipality shall provide notice of the availability of
8the redevelopment plan and eligibility report, including how to
9obtain this information, by mail within a reasonable time after
10the adoption of the ordinance or resolution, to all residential
11addresses that, after a good faith effort, the municipality
12determines are located outside the proposed redevelopment
13project area and within 750 feet of the boundaries of the
14proposed redevelopment project area. This requirement is
15subject to the limitation that in a municipality with a
16population of over 100,000, if the total number of residential
17addresses outside the proposed redevelopment project area and
18within 750 feet of the boundaries of the proposed redevelopment
19project area exceeds 750, the municipality shall be required to
20provide the notice to only the 750 residential addresses that,
21after a good faith effort, the municipality determines are
22outside the proposed redevelopment project area and closest to
23the boundaries of the proposed redevelopment project area.
24Notwithstanding the foregoing, notice given after August 7,
252001 (the effective date of Public Act 92-263) and before the
26effective date of this amendatory Act of the 92nd General

 

 

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1Assembly to residential addresses within 750 feet of the
2boundaries of a proposed redevelopment project area shall be
3deemed to have been sufficiently given in compliance with this
4Act if given only to residents outside the boundaries of the
5proposed redevelopment project area. The notice shall also be
6provided by the municipality, regardless of its population, to
7those organizations and residents that have registered with the
8municipality for that information in accordance with the
9registration guidelines established by the municipality under
10Section 11-74.4-4.2.
11    At the public hearing any interested person or affected
12taxing district may file with the municipal clerk written
13objections to and may be heard orally in respect to any issues
14embodied in the notice. The municipality shall hear all
15protests and objections at the hearing and the hearing may be
16adjourned to another date without further notice other than a
17motion to be entered upon the minutes fixing the time and place
18of the subsequent hearing. At the public hearing or at any time
19prior to the adoption by the municipality of an ordinance
20approving a redevelopment plan, the municipality may make
21changes in the redevelopment plan. Changes which (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 or extend the life of the redevelopment project,
26or (4) increase the number of inhabited residential units to be

 

 

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

 

 

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1property to a redevelopment project area, the municipality
2shall convene a joint review board. The board shall consist of
3a representative selected by each community college district,
4local elementary school district and high school district or
5each local community unit school district, park district,
6library district, township, fire protection district, and
7county that will have the authority to directly levy taxes on
8the property within the proposed redevelopment project area at
9the time that the proposed redevelopment project area is
10approved, a representative selected by the municipality and a
11public member. The public member shall first be selected and
12then the board's chairperson shall be selected by a majority of
13the board members present and voting.
14    For redevelopment project areas with redevelopment plans
15or proposed redevelopment plans that would result in the
16displacement of residents from 10 or more inhabited residential
17units or that include 75 or more inhabited residential units,
18the public member shall be a person who resides in the
19redevelopment project area. If, as determined by the housing
20impact study provided for in paragraph (5) of subsection (n) of
21Section 11-74.4-3, or if no housing impact study is required
22then based on other reasonable data, the majority of
23residential units are occupied by very low, low, or moderate
24income households, as defined in Section 3 of the Illinois
25Affordable Housing Act, the public member shall be a person who
26resides in very low, low, or moderate income housing within the

 

 

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1redevelopment project area. Municipalities with fewer than
215,000 residents shall not be required to select a person who
3lives in very low, low, or moderate income housing within the
4redevelopment project area, provided that the redevelopment
5plan or project will not result in displacement of residents
6from 10 or more inhabited units, and the municipality so
7certifies in the plan. If no person satisfying these
8requirements is available or if no qualified person will serve
9as the public member, then the joint review board is relieved
10of this paragraph's selection requirements for the public
11member.
12    Within 90 days of the effective date of this amendatory Act
13of the 91st General Assembly, each municipality that designated
14a redevelopment project area for which it was not required to
15convene a joint review board under this Section shall convene a
16joint review board to perform the duties specified under
17paragraph (e) of this Section.
18    All board members shall be appointed and the first board
19meeting shall be held at least 14 days but not more than 28
20days after the mailing of notice by the municipality to the
21taxing districts as required by Section 11-74.4-6(c).
22Notwithstanding the preceding sentence, a municipality that
23adopted either a public hearing resolution or a feasibility
24resolution between July 1, 1999 and July 1, 2000 that called
25for the meeting of the joint review board within 14 days of
26notice of public hearing to affected taxing districts is deemed

 

 

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

 

 

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1redevelopment project area or the amendment of the
2redevelopment plan or addition of parcels of property to the
3redevelopment project area on the basis of the redevelopment
4project area and redevelopment plan satisfying the plan
5requirements, the eligibility criteria defined in Section
611-74.4-3, and the objectives of this Act.
7    The board shall issue a written report describing why the
8redevelopment plan and project area or the amendment thereof
9meets or fails to meet one or more of the objectives of this
10Act and both the plan requirements and the eligibility criteria
11defined in Section 11-74.4-3. In the event the Board does not
12file a report it shall be presumed that these taxing bodies
13find the redevelopment project area and redevelopment plan
14satisfy the objectives of this Act and the plan requirements
15and eligibility criteria.
16    If the board recommends rejection of the matters before it,
17the municipality will have 30 days within which to resubmit the
18plan or amendment. During this period, the municipality will
19meet and confer with the board and attempt to resolve those
20issues set forth in the board's written report that led to the
21rejection of the plan or amendment.
22    Notwithstanding the resubmission set forth above, the
23municipality may commence the scheduled public hearing and
24either adjourn the public hearing or continue the public
25hearing until a date certain. Prior to continuing any public
26hearing to a date certain, the municipality shall announce

 

 

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1during the public hearing the time, date, and location for the
2reconvening of the public hearing. Any changes to the
3redevelopment plan necessary to satisfy the issues set forth in
4the joint review board report shall be the subject of a public
5hearing before the hearing is adjourned if the changes would
6(1) substantially affect the general land uses proposed in the
7redevelopment plan, (2) substantially change the nature of or
8extend the life of the redevelopment project, or (3) increase
9the number of inhabited residential units to be displaced from
10the redevelopment project area, as measured from the time of
11creation of the redevelopment project area, to a total of more
12than 10. Changes to the redevelopment plan necessary to satisfy
13the issues set forth in the joint review board report shall not
14require any further notice or convening of a joint review board
15meeting, except that any changes to the redevelopment plan that
16would add additional parcels of property to the proposed
17redevelopment project area shall be subject to the notice,
18public hearing, and joint review board meeting requirements
19established for such changes by subsection (a) of Section
2011-74.4-5.
21    In the event that the municipality and the board are unable
22to resolve these differences, or in the event that the
23resubmitted plan or amendment is rejected by the board, the
24municipality may proceed with the plan or amendment, but only
25upon a three-fifths vote of the corporate authority responsible
26for approval of the plan or amendment, excluding positions of

 

 

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

 

 

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1substantially change the nature of the redevelopment project,
2(4) increase the total estimated redevelopment project cost set
3out in the redevelopment plan by more than 5% after adjustment
4for inflation from the date the plan was adopted, (5) add
5additional redevelopment project costs to the itemized list of
6redevelopment project costs set out in the redevelopment plan,
7or (6) increase the number of inhabited residential units to be
8displaced from the redevelopment project area, as measured from
9the time of creation of the redevelopment project area, to a
10total of more than 10, may be made without further public
11hearing and related notices and procedures including the
12convening of a joint review board as set forth in Section
1311-74.4-6 of this Act, provided that the municipality shall
14give notice of any such changes by mail to each affected taxing
15district and registrant on the interested parties registry,
16provided for under Section 11-74.4-4.2, and by publication in a
17newspaper of general circulation within the affected taxing
18district. Such notice by mail and by publication shall each
19occur not later than 10 days following the adoption by
20ordinance of such changes.
21    (d) After November 1, 1999 (the effective date of Public
22Act 91-478) this amendatory Act of the 91st General Assembly, a
23municipality shall submit in an electronic format the following
24information for each redevelopment project area (i) to the
25State Comptroller under Section 8-8-3.5 of the Illinois
26Municipal Code, subject to any extensions or exemptions

 

 

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

 

 

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

 

 

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

 

 

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1        private investment actually undertaken to date after
2        November 1, 1999 (the effective date of Public Act
3        91-478) this amendatory Act of the 91st General
4        Assembly and estimated to be undertaken during the
5        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            (H) For municipalities with a financially
14        distressed school district, a calculation of reporting
15        year TIF Contractual Obligations and distressed
16        surplus funds.
17        (8) With regard to any obligations issued by the
18    municipality:
19            (A) copies of any official statements; and
20            (B) an analysis prepared by financial advisor or
21        underwriter setting forth: (i) nature and term of
22        obligation; and (ii) projected debt service including
23        required reserves and debt coverage.
24        (9) For special tax allocation funds that have
25    experienced cumulative deposits of incremental tax
26    revenues of $100,000 or more, a certified audit report

 

 

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

 

 

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

 

 

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

 

 

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1(iv) the amount of private and public investment within the
2redevelopment project area, and (v) any other relevant
3evaluation or performance data. Within 30 days after the
4municipality compiles the status report, the municipality must
5hold at least one public hearing concerning the report. The
6municipality must provide 20 days' public notice of the
7hearing.
8    (j) Beginning in fiscal year 2011 and in each fiscal year
9thereafter, a municipality must detail in its annual budget (i)
10the revenues generated from redevelopment project areas by
11source and (ii) the expenditures made by the municipality for
12redevelopment project areas.
13(Source: P.A. 98-922, eff. 8-15-14.)
 
14    (65 ILCS 5/11-74.4-7)  (from Ch. 24, par. 11-74.4-7)
15    Sec. 11-74.4-7. Obligations secured by the special tax
16allocation fund set forth in Section 11-74.4-8 for the
17redevelopment project area may be issued to provide for
18redevelopment project costs. Such obligations, when so issued,
19shall be retired in the manner provided in the ordinance
20authorizing the issuance of such obligations by the receipts of
21taxes levied as specified in Section 11-74.4-9 against the
22taxable property included in the area, by revenues as specified
23by Section 11-74.4-8a and other revenue designated by the
24municipality. A municipality may in the ordinance pledge all or
25any part of the funds in and to be deposited in the special tax

 

 

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1allocation fund created pursuant to Section 11-74.4-8 to the
2payment of the redevelopment project costs and obligations. Any
3pledge of funds in the special tax allocation fund shall
4provide for distribution to the taxing districts and to the
5Illinois Department of Revenue of moneys not required, pledged,
6earmarked, or otherwise designated for payment and securing of
7the obligations and anticipated redevelopment project costs
8and such excess funds shall be calculated annually and deemed
9to be "surplus" funds. In the event a municipality only applies
10or pledges a portion of the funds in the special tax allocation
11fund for the payment or securing of anticipated redevelopment
12project costs or of obligations, any such funds remaining in
13the special tax allocation fund after complying with the
14requirements of the application or pledge, shall also be
15calculated annually and deemed "surplus" funds. However,
16municipalities whose boundaries contain all or a portion of a
17financially distressed school district must annually calculate
18their Distressed Surplus Funds. Within 180 days of the end of
19its fiscal year, the municipality will distribute all
20Distressed Surplus Funds to the financially distressed school
21district and this distribution is in place of any distribution
22of surplus funds to the taxing districts. Once the school
23district no longer qualifies as a financially distressed school
24district, the municipality will no longer calculate Distressed
25Surplus Funds and will calculate surplus funds as provided in
26this Section. All surplus funds in the special tax allocation

 

 

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1fund shall be distributed annually within 180 days after the
2close of the municipality's fiscal year by being paid by the
3municipal treasurer to the County Collector, to the Department
4of Revenue and to the municipality in direct proportion to the
5tax incremental revenue received as a result of an increase in
6the equalized assessed value of property in the redevelopment
7project area, tax incremental revenue received from the State
8and tax incremental revenue received from the municipality, but
9not to exceed as to each such source the total incremental
10revenue received from that source. The County Collector shall
11thereafter make distribution to the respective taxing
12districts in the same manner and proportion as the most recent
13distribution by the county collector to the affected districts
14of real property taxes from real property in the redevelopment
15project area.
16    Without limiting the foregoing in this Section, the
17municipality may in addition to obligations secured by the
18special tax allocation fund pledge for a period not greater
19than the term of the obligations towards payment of such
20obligations any part or any combination of the following: (a)
21net revenues of all or part of any redevelopment project; (b)
22taxes levied and collected on any or all property in the
23municipality; (c) the full faith and credit of the
24municipality; (d) a mortgage on part or all of the
25redevelopment project; or (e) any other taxes or anticipated
26receipts that the municipality may lawfully pledge.

 

 

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

 

 

HB4560- 79 -LRB099 19500 AWJ 43893 b

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

 

 

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

 

 

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1whole or in part, obligations theretofore issued by such
2municipality under the authority of this Act, whether at or
3prior to maturity, provided however, that the last maturity of
4the refunding obligations may not be later than the dates set
5forth under Section 11-74.4-3.5.
6    In the event a municipality issues obligations under home
7rule powers or other legislative authority the proceeds of
8which are pledged to pay for redevelopment project costs, the
9municipality may, if it has followed the procedures in
10conformance with this division, retire said obligations from
11funds in the special tax allocation fund in amounts and in such
12manner as if such obligations had been issued pursuant to the
13provisions of this division.
14    All obligations heretofore or hereafter issued pursuant to
15this Act shall not be regarded as indebtedness of the
16municipality issuing such obligations or any other taxing
17district for the purpose of any limitation imposed by law.
18(Source: P.A. 95-15, eff. 7-16-07; 95-164, eff. 1-1-08; 95-331,
19eff. 8-21-07; 95-346, eff. 8-21-07; 95-459, eff. 8-27-07;
2095-653, eff. 1-1-08; 95-662, eff. 10-11-07; 95-683, eff.
2110-19-07; 95-709, eff. 1-29-08; 95-876, eff. 8-21-08; 95-932,
22eff. 8-26-08; 95-964, eff. 9-23-08; 95-977, eff. 9-22-08;
2395-1028, eff. 8-25-09 (see Section 5 of P.A. 96-717 for the
24effective date of changes made by P.A. 95-1028); 96-328, eff.
258-11-09; 96-1000, eff. 7-2-10.)
 

 

 

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1    Section 10. The School Code is amended by adding Section
234-21.9 as follows:
 
3    (105 ILCS 5/34-21.9 new)
4    Sec. 34-21.9. Finally distressed school districts. Within
530 days after becoming a financially distressed school
6district, the Board or designee of the Board must notify, in
7writing, all municipalities within the school district's
8boundaries of its status as a financially distressed school
9district. Within 30 days after a school district no longer
10meets the definition of a financially distressed school
11district, it must notify, in writing, all municipalities within
12the school district's boundaries of its change in status. As
13used in this Section, "financially distressed school district"
14has the meaning as defined under subsection (b-2) of Section
1511-74.4-3 of the Illinois Municipal Code.
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.