Full Text of SB0217 102nd General Assembly
SB0217ham002 102ND GENERAL ASSEMBLY | Rep. Michael J. Zalewski Filed: 10/27/2021
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| 1 | | AMENDMENT TO SENATE BILL 217
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 217, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Illinois Power Agency Act is amended by | 6 | | changing Section 1-130 as follows: | 7 | | (20 ILCS 3855/1-130) | 8 | | (Section scheduled to be repealed on January 1, 2022)
| 9 | | Sec. 1-130. Home rule preemption. | 10 | | (a) The authorization to impose any new taxes or fees | 11 | | specifically related to the generation of electricity by, the | 12 | | capacity to generate electricity by, or the emissions into the | 13 | | atmosphere by electric generating facilities after the | 14 | | effective date of this Act is an exclusive power and function | 15 | | of the State. A home rule unit may not levy any new taxes or | 16 | | fees specifically related to the generation of electricity by, |
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| 1 | | the capacity to generate electricity by, or the emissions into | 2 | | the atmosphere by electric generating facilities after the | 3 | | effective date of this Act. This Section is a denial and | 4 | | limitation on home rule powers and functions under subsection | 5 | | (g) of Section 6 of Article VII of the Illinois Constitution. | 6 | | (b) This Section is repealed on January 1, 2023 January 1, | 7 | | 2022 .
| 8 | | (Source: P.A. 100-1157, eff. 12-19-18; 101-639, eff. 6-12-20.) | 9 | | Section 10. The Property Tax Code is amended by changing | 10 | | Sections 15-37 and 21-260 as follows: | 11 | | (35 ILCS 200/15-37) | 12 | | Sec. 15-37. Educational trade schools. | 13 | | (a) In a county other than a county described in | 14 | | subsection (b), property Property that is owned by a | 15 | | non-profit trust fund and used exclusively for the purposes of | 16 | | educating and training individuals for occupational, trade, | 17 | | and technical careers and is certified by the United States | 18 | | Department of Labor as registered with the Office of | 19 | | Apprenticeship is exempt.
| 20 | | (b) In a county with a population of more than 3,000,000 | 21 | | inhabitants, and in a county with a population of more than | 22 | | 600,000 inhabitants but not more than 700,000 inhabitants, | 23 | | property that is owned or leased by a non-profit trust fund and | 24 | | used exclusively for the purposes of educating and training |
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| 1 | | individuals for occupational, trade, and technical careers and | 2 | | is certified by the United States Department of Labor as | 3 | | registered with the Office of Apprenticeship is exempt. | 4 | | (Source: P.A. 102-16, eff. 6-17-21.)
| 5 | | (35 ILCS 200/21-260)
| 6 | | Sec. 21-260. Collector's scavenger sale. Upon the county | 7 | | collector's
application under Section 21-145, to be known as | 8 | | the Scavenger Sale
Application, the Court shall enter judgment | 9 | | for the general taxes, special
taxes, special assessments, | 10 | | interest, penalties and costs as are included in
the | 11 | | advertisement and appear to be due thereon after allowing an | 12 | | opportunity to
object and a hearing upon the objections as | 13 | | provided in Section 21-175, and
order those properties sold by | 14 | | the County Collector at public sale, or by electronic | 15 | | automated sale if the collector chooses to conduct an | 16 | | electronic automated sale pursuant to Section 21-261, to the
| 17 | | highest bidder for cash, notwithstanding the bid may be less | 18 | | than the full
amount of taxes, special taxes, special | 19 | | assessments, interest, penalties and
costs for which judgment | 20 | | has been entered.
| 21 | | (a) Conducting the sale; bidding sale - Bidding . All | 22 | | properties shall be offered for
sale in consecutive order as | 23 | | they appear in the delinquent list. The minimum
bid for any | 24 | | property shall be $250 or one-half of the tax if the total
| 25 | | liability is less than $500. For in-person scavenger sales, |
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| 1 | | the successful bidder shall pay the
amount of the minimum bid | 2 | | to the County Collector by the end of the business day on which | 3 | | the bid was placed. That amount shall be paid in cash, by | 4 | | certified or
cashier's check, by money order, or, if the
| 5 | | successful bidder is a governmental unit, by a check issued by | 6 | | that
governmental unit. For electronic automated scavenger | 7 | | sales, the successful bidder shall pay the minimum bid amount | 8 | | by the close of the business day on which the bid was placed. | 9 | | That amount shall be paid online via ACH debit or by the | 10 | | electronic payment method required by the county collector. | 11 | | For in-person scavenger sales, if the bid exceeds the minimum | 12 | | bid, the
successful bidder shall pay the balance of the bid to | 13 | | the county collector in
cash, by certified or cashier's check, | 14 | | by money order, or, if the
successful bidder is a governmental | 15 | | unit, by a check issued by that
governmental unit
by the close | 16 | | of the
next business day. For electronic automated scavenger | 17 | | sales, the successful bidder shall pay, by the close of the | 18 | | next business day, the balance of the bid online via ACH debit | 19 | | or by the electronic payment method required by the county | 20 | | collector. If the minimum bid is not paid at the time of sale | 21 | | or if
the balance is not paid by the close of the next business | 22 | | day, then the sale is
void and the minimum bid, if paid, is | 23 | | forfeited to the county general fund. In
that event, the | 24 | | property shall be reoffered for sale within 30 days of the last
| 25 | | offering of property in regular order. The collector shall | 26 | | make available to
the public a list of all properties to be |
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| 1 | | included in any reoffering due to the
voiding of the original | 2 | | sale. The collector is not required to serve or
publish any | 3 | | other notice of the reoffering of those properties. In the | 4 | | event
that any of the properties are not sold upon reoffering, | 5 | | or are sold for less
than the amount of the original voided | 6 | | sale, the original bidder who failed to
pay the bid amount | 7 | | shall remain liable for the unpaid balance of the bid in an
| 8 | | action under Section 21-240. Liability shall not be reduced | 9 | | where the bidder
upon reoffering also fails to pay the bid | 10 | | amount, and in that event both
bidders shall remain liable for | 11 | | the unpaid balance of their respective bids. A
sale of | 12 | | properties under this Section shall not be final until | 13 | | confirmed by the
court.
| 14 | | (b) Confirmation of sales. The county collector shall file | 15 | | his or her
report of sale in the court within 30 days of the | 16 | | date of sale of each
property. No notice of the county | 17 | | collector's application to confirm the sales
shall be required | 18 | | except as prescribed by rule of the court. Upon
confirmation, | 19 | | except in cases where the sale becomes void under Section | 20 | | 22-85,
or in cases where the order of confirmation is vacated | 21 | | by the court, a sale
under this Section shall extinguish the in | 22 | | rem lien of the general taxes,
special taxes and special | 23 | | assessments for which judgment has been entered and a
| 24 | | redemption shall not revive the lien. Confirmation of the sale | 25 | | shall in no
event affect the owner's personal liability to pay | 26 | | the taxes, interest and
penalties as provided in this Code or |
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| 1 | | prevent institution of a proceeding under
Section 21-440 to | 2 | | collect any amount that may remain
due after the sale.
| 3 | | (c) Issuance of tax sale certificates. Upon confirmation | 4 | | of the sale , the
County Clerk and the County Collector shall | 5 | | issue to the purchaser a
certificate of purchase in the form | 6 | | prescribed by Section 21-250 as near as may
be. A certificate | 7 | | of purchase shall not be issued to any person who is
ineligible | 8 | | to bid at the sale or to receive a certificate of purchase | 9 | | under
Section 21-265.
| 10 | | (d) Scavenger Tax Judgment, Sale and Redemption Record; | 11 | | sale Record - Sale of
parcels not sold. The county collector | 12 | | shall prepare a Scavenger Tax Judgment,
Sale and Redemption | 13 | | Record. The county clerk shall write or stamp on the
scavenger | 14 | | tax judgment, sale, forfeiture and redemption record opposite | 15 | | the
description of any property offered for sale and not sold, | 16 | | or not confirmed for
any reason, the words "offered but not | 17 | | sold". The properties which are offered
for sale under this | 18 | | Section and not sold or not confirmed shall be offered for
sale | 19 | | annually thereafter in the manner provided in this Section | 20 | | until sold,
except in the case of mineral rights, which after | 21 | | 10 consecutive years of
being offered for sale under this | 22 | | Section and not sold or confirmed shall
no longer be required | 23 | | to be offered for sale. At
any time between annual sales the | 24 | | County Collector may advertise for sale any
properties subject | 25 | | to sale under judgments for sale previously entered under
this | 26 | | Section and not executed for any reason. The advertisement and |
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| 1 | | sale shall
be regulated by the provisions of this Code as far | 2 | | as applicable.
| 3 | | (e) Proceeding to tax deed. The owner of the certificate | 4 | | of purchase shall
give notice as required by Sections 22-5 | 5 | | through 22-30, and may extend the
period of redemption as | 6 | | provided by Section 21-385. At any time within 6 months
prior | 7 | | to expiration of the period of redemption from a sale under | 8 | | this Code,
the owner of a certificate of purchase may file a | 9 | | petition and may obtain a tax
deed under Sections 22-30 | 10 | | through 22-55. Within 30 days from filing of the petition, the | 11 | | owner of a certificate must file with the clerk of the circuit | 12 | | court county clerk the names and addresses of the owners of the | 13 | | property and those persons entitled to service of notice at | 14 | | their last known addresses. The clerk shall mail notice within | 15 | | 30 days from the date of the filing of addresses with the | 16 | | clerk. All proceedings for the issuance of
a tax deed and all | 17 | | tax deeds for properties sold under this Section shall be
| 18 | | subject to Sections 22-30 through 22-55. Deeds issued under | 19 | | this Section are
subject to Section 22-70. This Section shall | 20 | | be liberally construed so that the deeds provided for in this | 21 | | Section convey merchantable title.
| 22 | | (f) Redemptions from scavenger sales. Redemptions may be | 23 | | made from sales
under this Section in the same manner and upon | 24 | | the same terms and conditions as
redemptions from sales made | 25 | | under the County Collector's annual application for
judgment | 26 | | and order of sale, except that in lieu of penalty the person |
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| 1 | | redeeming
shall pay interest as follows if the sale occurs | 2 | | before September 9, 1993:
| 3 | | (1) If redeemed within the first 2 months from the | 4 | | date of the sale, 3%
per month or portion thereof upon the | 5 | | amount for which the property was sold;
| 6 | | (2) If redeemed between 2 and 6 months from the date of | 7 | | the sale, 12% of
the amount for which the property was | 8 | | sold;
| 9 | | (3) If redeemed between 6 and 12 months from the date | 10 | | of the sale, 24%
of the amount for which the property was | 11 | | sold;
| 12 | | (4) If redeemed between 12 and 18 months from the date | 13 | | of the sale, 36% of
the amount for which the property was | 14 | | sold;
| 15 | | (5) If redeemed between 18 and 24 months from the date | 16 | | of the sale, 48%
of the amount for which the property was | 17 | | sold;
| 18 | | (6) If redeemed after 24 months from the date of sale, | 19 | | the 48% herein
provided together with interest at 6% per | 20 | | year thereafter.
| 21 | | If the sale occurs on or after September 9,
1993, the | 22 | | person redeeming shall pay interest on that part of the amount | 23 | | for
which the property was sold equal to or less than the full | 24 | | amount of delinquent
taxes, special assessments, penalties, | 25 | | interest, and costs, included in the
judgment and order of | 26 | | sale as follows:
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| 1 | | (1) If redeemed within the first 2 months from the | 2 | | date of the sale,
3% per month upon the amount of taxes, | 3 | | special assessments, penalties,
interest, and costs due | 4 | | for each of the first 2 months, or fraction thereof.
| 5 | | (2) If redeemed at any time between 2 and 6 months from | 6 | | the date of
the sale, 12% of the amount of taxes, special | 7 | | assessments, penalties, interest,
and costs due.
| 8 | | (3) If redeemed at any time between 6 and 12 months | 9 | | from the date of the
sale, 24% of the amount of taxes, | 10 | | special assessments, penalties, interest, and
costs due.
| 11 | | (4) If redeemed at any time between 12 and 18 months | 12 | | from the date
of the sale, 36% of the amount of taxes, | 13 | | special assessments, penalties,
interest, and costs due.
| 14 | | (5) If redeemed at any time between 18 and 24 months | 15 | | from the date
of the sale, 48% of the amount of taxes, | 16 | | special assessments, penalties,
interest, and costs due.
| 17 | | (6) If redeemed after 24 months from the date of sale, | 18 | | the 48%
provided for the 24 months together with interest | 19 | | at 6% per annum thereafter on
the amount of taxes, special | 20 | | assessments, penalties, interest, and costs due.
| 21 | | The person redeeming shall not be required to pay any | 22 | | interest on any part
of the amount for which the property was | 23 | | sold that exceeds the full amount of
delinquent taxes, special | 24 | | assessments, penalties, interest, and costs included
in the | 25 | | judgment and order of sale.
| 26 | | Notwithstanding any other provision of this Section, |
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| 1 | | except for
owner-occupied single family residential units | 2 | | which are condominium units,
cooperative units or dwellings, | 3 | | the amount required to be paid for redemption
shall also | 4 | | include an amount equal to all delinquent taxes on the | 5 | | property
which taxes were delinquent at the time of sale. The | 6 | | delinquent taxes shall be
apportioned by the county collector | 7 | | among the taxing districts in which the
property is situated | 8 | | in accordance with law. In the event that all moneys
received | 9 | | from any sale held under this Section exceed an amount equal to | 10 | | all
delinquent taxes on the property sold, which taxes were | 11 | | delinquent at the time
of sale, together with all publication | 12 | | and other costs associated with the
sale, then, upon | 13 | | redemption, the County Collector and the County Clerk shall
| 14 | | apply the excess amount to the cost of redemption.
| 15 | | (g) Bidding by county or other taxing districts. Any | 16 | | taxing district may
bid at a scavenger sale. The county board | 17 | | of the county in which properties
offered for sale under this | 18 | | Section are located may bid as trustee for all
taxing | 19 | | districts having an interest in the taxes for the nonpayment | 20 | | of which
the parcels are offered. The County shall apply on the | 21 | | bid the unpaid taxes due
upon the property and no cash need be | 22 | | paid. The County or other taxing district
acquiring a tax sale | 23 | | certificate shall take all steps necessary to acquire
title to | 24 | | the property and may manage and operate the property so | 25 | | acquired.
| 26 | | When a county, or other taxing district within the county, |
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| 1 | | is a petitioner
for a tax deed, no filing fee shall be required | 2 | | on the petition. The county as
a tax creditor and as trustee | 3 | | for other tax creditors, or other taxing district
within the | 4 | | county shall not be required to allege and prove that all taxes | 5 | | and
special assessments which become due and payable after the | 6 | | sale to the county
have been paid. The county shall not be | 7 | | required to pay the subsequently
accruing taxes or special | 8 | | assessments at any time. Upon the written request of
the | 9 | | county board or its designee, the county collector shall not | 10 | | offer the
property for sale at any tax sale subsequent to the | 11 | | sale of the property to the
county under this Section. The lien | 12 | | of taxes and special assessments which
become due and payable | 13 | | after a sale to a county shall merge in the fee title of
the | 14 | | county, or other taxing district, on the issuance of a deed. | 15 | | The County may
sell the properties so acquired, or the | 16 | | certificate of purchase thereto, and
the proceeds of the sale | 17 | | shall be distributed to the taxing districts in
proportion to | 18 | | their respective interests therein. The presiding officer of | 19 | | the
county board, with the advice and consent of the County | 20 | | Board, may appoint some
officer or person to attend scavenger | 21 | | sales and bid on its behalf.
| 22 | | (h) Miscellaneous provisions. In the event that the tract | 23 | | of land or lot
sold at any such sale is not redeemed within the | 24 | | time permitted by law and a
tax deed is issued, all moneys that | 25 | | may be received from the sale of
properties in excess of the | 26 | | delinquent taxes, together with all publication
and other |
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| 1 | | costs associated with the sale,
shall, upon petition of any | 2 | | interested party to the court that issued the tax
deed, be | 3 | | distributed by the County Collector pursuant to order of the | 4 | | court
among the persons having legal or equitable interests in | 5 | | the property according
to the fair value of their interests in | 6 | | the tract or lot. Section 21-415 does
not apply to properties | 7 | | sold under this Section.
Appeals may be taken from the orders | 8 | | and judgments entered under this Section
as in other civil | 9 | | cases. The remedy herein provided is in addition to other
| 10 | | remedies for the collection of delinquent taxes. | 11 | | (i) The changes to this Section made by Public Act 95-477 | 12 | | this amendatory Act of
the 95th General Assembly apply only to | 13 | | matters in which a
petition for tax deed is filed on or after | 14 | | June 1, 2008 ( the effective date
of Public Act 95-477) this | 15 | | amendatory Act of the 95th General Assembly .
| 16 | | (Source: P.A. 102-519, eff. 8-20-21; 102-528, eff. 1-1-22; | 17 | | revised 10-18-21.)
| 18 | | Section 15. The Parking Excise Tax Act is amended by | 19 | | changing Section 10-20 as follows: | 20 | | (35 ILCS 525/10-20)
| 21 | | Sec. 10-20. Exemptions. The tax imposed by this Act shall | 22 | | not apply to: | 23 | | (1) parking in a parking area or garage operated by | 24 | | the federal government or its instrumentalities that has |
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| 1 | | been issued an active tax exemption number by the | 2 | | Department under Section 1g of the Retailers' Occupation | 3 | | Tax Act; for this exemption to apply, the parking area or | 4 | | garage must be operated by the federal government or its | 5 | | instrumentalities; the exemption under this paragraph (1) | 6 | | does not apply if the parking area or garage is operated by | 7 | | a third party, whether under a lease or other contractual | 8 | | arrangement, or any other manner whatsoever; | 9 | | (2) residential off-street parking for home or | 10 | | apartment tenants or condominium occupants, if the | 11 | | arrangement for such parking is provided in the home or | 12 | | apartment lease or in a separate writing between the | 13 | | landlord and tenant, or in a condominium agreement between | 14 | | the condominium association and the owner, occupant, or | 15 | | guest of a unit, whether the parking charge is payable to | 16 | | the landlord, condominium association, or to the operator | 17 | | of the parking spaces; | 18 | | (3) parking by hospital employees in a parking space | 19 | | that is owned and operated by the hospital for which they | 20 | | work; and | 21 | | (4) parking in a parking area or garage where 3 or | 22 | | fewer motor vehicles are stored, housed, or parked for | 23 | | hire, charge, fee or other valuable consideration, if the | 24 | | operator of the parking area or garage does not act as the | 25 | | operator of more than a total of 3 parking spaces located | 26 | | in the State; if any operator of parking areas or garages, |
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| 1 | | including any facilitator or aggregator, acts as an | 2 | | operator of more than 3 parking spaces in total that are | 3 | | located in the State, then this exemption shall not apply | 4 | | to any of those spaces ; .
| 5 | | (5) parking in a parking area or garage operated by | 6 | | the State, a State university created by statute, or a | 7 | | unit of local government that has been issued an active | 8 | | tax exemption number by the Department under Section 1g of | 9 | | the Retailers' Occupation Tax Act; the parking area or | 10 | | garage must be operated by the State, State university, or | 11 | | unit of local government; the exemption under this | 12 | | paragraph (5) does not apply if the parking area or garage | 13 | | is operated by a third party, whether under a lease or | 14 | | other contractual arrangement, or held in any other | 15 | | manner; | 16 | | (6) parking in a parking area or garage owned and | 17 | | operated by a person engaged in the business of renting | 18 | | real estate if the parking area or garage is used by the | 19 | | lessee to park motor vehicles, recreational vehicles, or | 20 | | self-propelled vehicles for the lessee's own use and not | 21 | | for the purpose of subleasing parking spaces for | 22 | | consideration; | 23 | | (7) the purchase of a parking space by the State, a | 24 | | State university created by statute, or a unit of local | 25 | | government that has been issued an active tax exemption | 26 | | number by the Department under Section 1g of the |
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| 1 | | Retailers' Occupation Tax Act, for use by employees of the | 2 | | State, State university, or unit of local government, | 3 | | provided that the purchase price is paid directly by the | 4 | | governmental entity, and | 5 | | (8) parking space leased to a governmental entity that | 6 | | is exempt pursuant to (1) or (5) when the exempt entity | 7 | | rents or leases the parking spaces in the parking area or | 8 | | garage to the public; the purchase price must be paid by | 9 | | the governmental entity; the exempt governmental entity is | 10 | | exempt from collecting tax subject to the provisions of | 11 | | (1) or (5), as applicable, when renting or leasing the | 12 | | parking spaces to the public. | 13 | | (Source: P.A. 101-31, eff. 6-28-19.) | 14 | | Section 20. The Illinois Municipal Code is amended by | 15 | | changing Section 11-74.4-3 as follows:
| 16 | | (65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3)
| 17 | | Sec. 11-74.4-3. Definitions. The following terms, wherever | 18 | | used or
referred to in this Division 74.4 shall have the | 19 | | following respective meanings,
unless in any case a different | 20 | | meaning clearly appears from the context.
| 21 | | (a) For any redevelopment project area that has been | 22 | | designated pursuant
to this
Section by an ordinance adopted | 23 | | prior to November 1, 1999 (the effective
date of Public Act
| 24 | | 91-478), "blighted area" shall have the meaning set
forth in |
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| 1 | | this Section
prior to that date.
| 2 | | On and after November 1, 1999,
"blighted area" means any | 3 | | improved or vacant area within the boundaries
of a | 4 | | redevelopment project area located within the territorial | 5 | | limits of
the municipality where:
| 6 | | (1) If improved, industrial, commercial, and | 7 | | residential buildings or
improvements are detrimental to | 8 | | the public safety, health, or welfare
because of a | 9 | | combination of 5 or more of the following factors, each of | 10 | | which
is (i) present, with that presence documented, to a | 11 | | meaningful extent so
that a municipality may reasonably | 12 | | find that the factor is clearly
present within the intent | 13 | | of the Act and (ii) reasonably distributed throughout
the | 14 | | improved part of the redevelopment project area:
| 15 | | (A) Dilapidation. An advanced state of disrepair | 16 | | or neglect of
necessary
repairs to the primary | 17 | | structural components of buildings or improvements in
| 18 | | such a combination that a documented building | 19 | | condition analysis determines
that major repair is | 20 | | required or the defects are so serious and so | 21 | | extensive
that the buildings must be removed.
| 22 | | (B) Obsolescence. The condition or process of | 23 | | falling into disuse.
Structures have become ill-suited | 24 | | for the original use.
| 25 | | (C) Deterioration. With respect to buildings, | 26 | | defects
including, but not limited to, major defects |
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| 1 | | in
the secondary building components such as doors, | 2 | | windows, porches, gutters and
downspouts, and fascia. | 3 | | With respect to surface improvements, that the
| 4 | | condition of roadways, alleys, curbs, gutters, | 5 | | sidewalks, off-street parking,
and surface storage | 6 | | areas evidence deterioration, including, but not | 7 | | limited
to, surface cracking, crumbling, potholes, | 8 | | depressions, loose paving material,
and weeds | 9 | | protruding through paved surfaces.
| 10 | | (D) Presence of structures below minimum code | 11 | | standards. All structures
that do not meet the | 12 | | standards of zoning, subdivision, building, fire, and
| 13 | | other governmental codes applicable to property, but | 14 | | not including housing and
property maintenance codes.
| 15 | | (E) Illegal use of individual structures. The use | 16 | | of structures in
violation of applicable federal, | 17 | | State, or local laws, exclusive of those
applicable to | 18 | | the presence of structures below minimum code | 19 | | standards.
| 20 | | (F) Excessive vacancies. The presence of
buildings | 21 | | that are unoccupied or under-utilized and that | 22 | | represent an adverse
influence on the area because of | 23 | | the frequency, extent, or duration of the
vacancies.
| 24 | | (G) Lack of ventilation, light, or sanitary | 25 | | facilities. The absence of
adequate ventilation for | 26 | | light or air circulation in spaces or rooms without
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| 1 | | windows, or that require the removal of dust, odor, | 2 | | gas, smoke, or other
noxious airborne materials. | 3 | | Inadequate natural light and ventilation means
the | 4 | | absence of skylights or windows for interior spaces or | 5 | | rooms and improper
window sizes and amounts by room | 6 | | area to window area ratios. Inadequate
sanitary | 7 | | facilities refers to the absence or inadequacy of | 8 | | garbage storage and
enclosure,
bathroom facilities, | 9 | | hot water and kitchens, and structural inadequacies
| 10 | | preventing ingress and egress to and from all rooms | 11 | | and units within a
building.
| 12 | | (H) Inadequate utilities. Underground and overhead | 13 | | utilities
such as storm sewers and storm drainage, | 14 | | sanitary sewers, water lines, and
gas, telephone, and
| 15 | | electrical services that are shown to be inadequate. | 16 | | Inadequate utilities are
those that are: (i) of | 17 | | insufficient capacity to serve the uses in the
| 18 | | redevelopment project area, (ii) deteriorated,
| 19 | | antiquated, obsolete, or in disrepair, or (iii) | 20 | | lacking within the
redevelopment project area.
| 21 | | (I) Excessive land coverage and overcrowding of | 22 | | structures and community
facilities. The | 23 | | over-intensive use of property and the crowding of | 24 | | buildings
and accessory facilities onto a site. | 25 | | Examples of problem conditions
warranting the | 26 | | designation of an area as one exhibiting excessive |
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| 1 | | land coverage
are: (i) the presence of buildings | 2 | | either improperly situated on parcels or
located
on | 3 | | parcels of inadequate size and shape in relation to | 4 | | present-day standards of
development for health and | 5 | | safety and (ii) the presence of multiple buildings
on | 6 | | a
single parcel. For there to be a finding of excessive | 7 | | land coverage,
these parcels must exhibit one or more | 8 | | of the following conditions:
insufficient provision | 9 | | for
light and air within or around buildings, | 10 | | increased threat of spread of fire
due to the close | 11 | | proximity of buildings, lack of adequate or proper | 12 | | access to a
public right-of-way, lack of reasonably | 13 | | required off-street parking, or
inadequate provision | 14 | | for loading and service.
| 15 | | (J) Deleterious land use or layout. The existence | 16 | | of incompatible
land-use
relationships, buildings | 17 | | occupied by inappropriate mixed-uses, or uses
| 18 | | considered to be noxious, offensive, or unsuitable for | 19 | | the
surrounding area.
| 20 | | (K) Environmental clean-up. The proposed | 21 | | redevelopment project area
has incurred Illinois | 22 | | Environmental Protection Agency or United States
| 23 | | Environmental Protection Agency remediation costs for, | 24 | | or a study conducted by
an independent consultant | 25 | | recognized as having expertise in environmental
| 26 | | remediation has determined a need for, the
clean-up of |
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| 1 | | hazardous
waste, hazardous substances, or underground | 2 | | storage tanks required by State or
federal law, | 3 | | provided that the remediation costs constitute a | 4 | | material
impediment to the development or | 5 | | redevelopment of the redevelopment project
area.
| 6 | | (L) Lack of community planning. The proposed | 7 | | redevelopment project area
was
developed prior to or | 8 | | without the benefit or guidance of a community plan.
| 9 | | This means that the development occurred prior to the | 10 | | adoption by the
municipality of a comprehensive or | 11 | | other community plan or that the plan was
not followed | 12 | | at the time of the area's development. This factor | 13 | | must be
documented by evidence of adverse or | 14 | | incompatible land-use relationships,
inadequate street | 15 | | layout, improper subdivision, parcels of inadequate | 16 | | shape and
size to meet contemporary development | 17 | | standards, or other evidence
demonstrating
an absence | 18 | | of effective community planning.
| 19 | | (M) The total equalized assessed value of the | 20 | | proposed redevelopment
project area has declined for 3 | 21 | | of the last 5 calendar years
prior to the year in which | 22 | | the redevelopment project area is designated
or is | 23 | | increasing at an
annual rate that is less
than the | 24 | | balance of the municipality for 3 of the last 5 | 25 | | calendar years
for which
information is available or | 26 | | is increasing at an annual rate that is less than
the |
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| 1 | | Consumer Price Index
for All Urban Consumers published | 2 | | by the United States Department of Labor or
successor | 3 | | agency for 3 of the last 5 calendar years
prior to the | 4 | | year in which the redevelopment project area is | 5 | | designated.
| 6 | | (2) If vacant, the sound growth of the redevelopment | 7 | | project area
is impaired by a
combination of 2 or more of | 8 | | the following factors, each of which
is (i) present, with | 9 | | that presence documented, to a meaningful extent so
that
a | 10 | | municipality may reasonably find that the factor is | 11 | | clearly present
within the intent of the Act and (ii) | 12 | | reasonably distributed throughout the
vacant part of the
| 13 | | redevelopment project area to which it pertains:
| 14 | | (A) Obsolete platting of vacant land that results | 15 | | in parcels of
limited or
narrow size or configurations | 16 | | of parcels of irregular size or shape that would
be | 17 | | difficult to develop on
a planned basis and in a manner | 18 | | compatible with contemporary standards and
| 19 | | requirements, or platting that failed to create | 20 | | rights-of-ways for streets or
alleys or that created | 21 | | inadequate right-of-way widths for streets, alleys, or
| 22 | | other public rights-of-way or that omitted easements | 23 | | for public utilities.
| 24 | | (B) Diversity of ownership of parcels of vacant | 25 | | land sufficient in
number to
retard or impede the | 26 | | ability to assemble the land for development.
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| 1 | | (C) Tax and special assessment delinquencies exist | 2 | | or the property has
been the subject of tax sales under | 3 | | the Property Tax Code within the last 5
years.
| 4 | | (D) Deterioration of structures or site | 5 | | improvements in neighboring
areas adjacent to the | 6 | | vacant land.
| 7 | | (E) The area has incurred Illinois Environmental | 8 | | Protection Agency or
United States Environmental | 9 | | Protection Agency remediation costs for, or a study
| 10 | | conducted by an independent consultant recognized as | 11 | | having expertise in
environmental remediation has | 12 | | determined a need for, the
clean-up of hazardous
| 13 | | waste, hazardous substances, or underground storage | 14 | | tanks required by State or
federal law, provided that | 15 | | the remediation costs
constitute a material impediment | 16 | | to the development or redevelopment of
the
| 17 | | redevelopment project area.
| 18 | | (F) The total equalized assessed value of the | 19 | | proposed redevelopment
project area has declined for 3 | 20 | | of the last 5 calendar years
prior to the year in which | 21 | | the redevelopment project area is designated
or is | 22 | | increasing at an
annual rate that is less
than the | 23 | | balance of the municipality for 3 of the last 5 | 24 | | calendar years for
which information is available or | 25 | | is increasing at an annual rate that is less
than
the | 26 | | Consumer Price Index
for All Urban Consumers published |
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| 1 | | by the United States Department of Labor or
successor | 2 | | agency for 3 of the last 5 calendar years
prior to the | 3 | | year in which the redevelopment project area is | 4 | | designated.
| 5 | | (3) If vacant, the sound growth of the redevelopment | 6 | | project area is
impaired by one of the
following factors | 7 | | that (i) is present, with that presence documented, to a
| 8 | | meaningful extent so that a municipality may reasonably | 9 | | find that the factor is
clearly
present within the intent | 10 | | of the Act and (ii) is reasonably distributed
throughout | 11 | | the vacant part of the
redevelopment project area to which | 12 | | it pertains:
| 13 | | (A) The area consists of one or more unused | 14 | | quarries, mines, or strip
mine ponds.
| 15 | | (B) The area consists of unused rail yards, rail | 16 | | tracks, or railroad
rights-of-way.
| 17 | | (C) The area, prior to its designation, is subject | 18 | | to (i) chronic
flooding
that adversely impacts on real | 19 | | property in the area as certified by a
registered
| 20 | | professional engineer or appropriate regulatory agency | 21 | | or (ii) surface water
that
discharges from all or a | 22 | | part of the area and contributes to flooding within
| 23 | | the
same watershed, but only if the redevelopment | 24 | | project provides for facilities
or
improvements to | 25 | | contribute to the alleviation of all or part of the
| 26 | | flooding.
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| 1 | | (D) The area consists of an unused or illegal | 2 | | disposal site containing
earth,
stone, building | 3 | | debris, or similar materials that were removed from
| 4 | | construction, demolition, excavation, or dredge sites.
| 5 | | (E) Prior to November 1, 1999, the area
is not less | 6 | | than 50 nor more than 100 acres and 75%
of which is | 7 | | vacant (notwithstanding that the area has been used
| 8 | | for commercial agricultural purposes within 5 years | 9 | | prior to the designation
of the redevelopment project | 10 | | area), and the area meets at least one of
the factors | 11 | | itemized in paragraph (1) of this subsection, the area
| 12 | | has been designated as a town or village center by | 13 | | ordinance or comprehensive
plan adopted prior to | 14 | | January 1, 1982, and the area has not been developed
| 15 | | for that designated purpose.
| 16 | | (F) The area qualified as a blighted improved area | 17 | | immediately prior to
becoming vacant, unless there has | 18 | | been substantial private investment in the
immediately | 19 | | surrounding area.
| 20 | | (b) For any redevelopment project area that has been | 21 | | designated pursuant
to this
Section by an ordinance adopted | 22 | | prior to November 1, 1999 (the effective
date of Public Act
| 23 | | 91-478), "conservation area" shall have the meaning
set forth | 24 | | in this
Section prior to that date.
| 25 | | On and after November 1, 1999,
"conservation area" means | 26 | | any improved area within the boundaries
of a redevelopment |
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| 1 | | project area located within the territorial limits of
the | 2 | | municipality in which 50% or more of the structures in the area | 3 | | have
an age of 35 years or more.
Such an area is not yet a | 4 | | blighted area but
because of a combination of 3 or more of the | 5 | | following factors is detrimental
to the public safety, health, | 6 | | morals
or welfare and such an area may become a blighted area:
| 7 | | (1) Dilapidation. An advanced state of disrepair or | 8 | | neglect of
necessary
repairs to the primary structural | 9 | | components of buildings or improvements in
such a | 10 | | combination that a documented building condition analysis | 11 | | determines
that major repair is required or the defects | 12 | | are so serious and so extensive
that the buildings must be | 13 | | removed.
| 14 | | (2) Obsolescence. The condition or process of falling | 15 | | into disuse.
Structures have become ill-suited for the | 16 | | original use.
| 17 | | (3) Deterioration. With respect to buildings, defects
| 18 | | including, but not limited to, major defects in
the | 19 | | secondary building components such as doors, windows, | 20 | | porches, gutters and
downspouts, and fascia. With respect | 21 | | to surface improvements, that the
condition of roadways, | 22 | | alleys, curbs, gutters, sidewalks, off-street parking,
and | 23 | | surface storage areas evidence deterioration, including, | 24 | | but not limited
to, surface cracking, crumbling, potholes, | 25 | | depressions, loose paving material,
and weeds protruding | 26 | | through paved surfaces.
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| 1 | | (4) Presence of structures below minimum code | 2 | | standards. All structures
that do not meet the standards | 3 | | of zoning, subdivision, building, fire, and
other | 4 | | governmental codes applicable to property, but not | 5 | | including housing and
property maintenance codes.
| 6 | | (5) Illegal use of individual structures. The use of | 7 | | structures in
violation of applicable federal, State, or | 8 | | local laws, exclusive of those
applicable to the presence | 9 | | of structures below minimum code standards.
| 10 | | (6) Excessive vacancies. The presence of
buildings | 11 | | that are unoccupied or under-utilized and that represent | 12 | | an adverse
influence on the area because of the frequency, | 13 | | extent, or duration of the
vacancies.
| 14 | | (7) Lack of ventilation, light, or sanitary | 15 | | facilities. The absence of
adequate ventilation for light | 16 | | or air circulation in spaces or rooms without
windows, or | 17 | | that require the removal of dust, odor, gas, smoke, or | 18 | | other
noxious airborne materials. Inadequate natural light | 19 | | and ventilation means
the absence or inadequacy of | 20 | | skylights or windows for interior spaces or rooms
and | 21 | | improper
window sizes and amounts by room area to window | 22 | | area ratios. Inadequate
sanitary facilities refers to the | 23 | | absence or inadequacy of garbage storage and
enclosure,
| 24 | | bathroom facilities, hot water and kitchens, and | 25 | | structural inadequacies
preventing ingress and egress to | 26 | | and from all rooms and units within a
building.
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| 1 | | (8) Inadequate utilities. Underground and overhead | 2 | | utilities
such as storm sewers and storm drainage, | 3 | | sanitary sewers, water lines, and gas,
telephone, and
| 4 | | electrical services that are shown to be inadequate. | 5 | | Inadequate utilities are
those that are: (i) of | 6 | | insufficient capacity to serve the uses in the
| 7 | | redevelopment project area, (ii) deteriorated,
antiquated, | 8 | | obsolete, or in disrepair, or (iii) lacking within the
| 9 | | redevelopment project area.
| 10 | | (9) Excessive land coverage and overcrowding of | 11 | | structures and community
facilities. The over-intensive | 12 | | use of property and the crowding of buildings
and | 13 | | accessory facilities onto a site. Examples of problem | 14 | | conditions
warranting the designation of an area as one | 15 | | exhibiting excessive land coverage
are: the presence of | 16 | | buildings either improperly situated on parcels or located
| 17 | | on parcels of inadequate size and shape in relation to | 18 | | present-day standards of
development for health and safety | 19 | | and the presence of multiple buildings on a
single parcel. | 20 | | For there to be a finding of excessive land coverage,
| 21 | | these parcels must exhibit one or more of the following | 22 | | conditions:
insufficient provision for
light and air | 23 | | within or around buildings, increased threat of spread of | 24 | | fire
due to the close proximity of buildings, lack of | 25 | | adequate or proper access to a
public right-of-way, lack | 26 | | of reasonably required off-street parking, or
inadequate |
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| 1 | | provision for loading and service.
| 2 | | (10) Deleterious land use or layout. The existence of | 3 | | incompatible
land-use
relationships, buildings occupied by | 4 | | inappropriate mixed-uses, or uses
considered to be | 5 | | noxious, offensive, or unsuitable for the
surrounding | 6 | | area.
| 7 | | (11) Lack of community planning. The proposed | 8 | | redevelopment project area
was
developed prior to or | 9 | | without the benefit or guidance of a community plan.
This | 10 | | means that the development occurred prior to the adoption | 11 | | by the
municipality of a comprehensive or other community | 12 | | plan or that the plan was
not followed at the time of the | 13 | | area's development. This factor must be
documented by | 14 | | evidence of adverse or incompatible land-use | 15 | | relationships,
inadequate street layout, improper | 16 | | subdivision, parcels of inadequate shape and
size to meet | 17 | | contemporary development standards, or other evidence
| 18 | | demonstrating
an absence of effective community planning.
| 19 | | (12) The area has incurred Illinois Environmental | 20 | | Protection Agency or
United
States Environmental | 21 | | Protection Agency remediation costs for, or a study
| 22 | | conducted by an independent consultant recognized as | 23 | | having expertise in
environmental remediation has | 24 | | determined a need for, the clean-up of hazardous
waste, | 25 | | hazardous substances, or underground storage tanks | 26 | | required by State
or federal law, provided that the |
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| 1 | | remediation costs constitute a material
impediment to the | 2 | | development or redevelopment of the redevelopment project
| 3 | | area.
| 4 | | (13) The total equalized assessed value of the | 5 | | proposed redevelopment
project area has declined for 3 of | 6 | | the last 5 calendar years
for which information is
| 7 | | available or is increasing at an annual rate that is less | 8 | | than the balance of
the municipality for 3 of the last 5 | 9 | | calendar years for which information is
available or is | 10 | | increasing at an annual rate that is less
than the | 11 | | Consumer Price Index for All Urban Consumers published by | 12 | | the United
States Department of Labor or successor agency | 13 | | for 3 of the last 5 calendar
years for which information is | 14 | | available.
| 15 | | (c) "Industrial park" means an area in a blighted or | 16 | | conservation
area suitable for use by any manufacturing, | 17 | | industrial, research or
transportation enterprise, of | 18 | | facilities to include but not be limited to
factories, mills, | 19 | | processing plants, assembly plants, packing plants,
| 20 | | fabricating plants, industrial distribution centers, | 21 | | warehouses, repair
overhaul or service facilities, freight | 22 | | terminals, research facilities,
test facilities or railroad | 23 | | facilities.
| 24 | | (d) "Industrial park conservation area" means an area | 25 | | within the
boundaries of a redevelopment project area located | 26 | | within the territorial
limits of a municipality that is a |
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| 1 | | labor surplus municipality or within 1
1/2 miles of the | 2 | | territorial limits of a municipality that is a labor
surplus | 3 | | municipality if the area is annexed to the municipality; which
| 4 | | area is zoned as industrial no later than at the time the | 5 | | municipality by
ordinance designates the redevelopment project | 6 | | area, and which area
includes both vacant land suitable for | 7 | | use as an industrial park and a
blighted area or conservation | 8 | | area contiguous to such vacant land.
| 9 | | (e) "Labor surplus municipality" means a municipality in | 10 | | which, at any
time during the 6 months before the municipality | 11 | | by ordinance designates
an industrial park conservation area, | 12 | | the unemployment rate was over 6% and was
also 100% or more of | 13 | | the national average unemployment rate for that same
time as | 14 | | published in the United States Department of Labor Bureau of | 15 | | Labor
Statistics publication entitled "The Employment | 16 | | Situation" or its successor
publication. For the purpose of | 17 | | this subsection, if unemployment rate
statistics for the | 18 | | municipality are not available, the unemployment rate in
the | 19 | | municipality shall be deemed to be the same as the | 20 | | unemployment rate in
the principal county in which the | 21 | | municipality is located.
| 22 | | (f) "Municipality" shall mean a city, village, | 23 | | incorporated town, or a township that is located in the | 24 | | unincorporated portion of a county with 3 million or more | 25 | | inhabitants, if the county adopted an ordinance that approved | 26 | | the township's redevelopment plan.
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| 1 | | (g) "Initial Sales Tax Amounts" means the amount of taxes | 2 | | paid under
the Retailers' Occupation Tax Act, Use Tax Act, | 3 | | Service Use Tax Act, the
Service Occupation Tax Act, the | 4 | | Municipal Retailers' Occupation Tax Act,
and the Municipal | 5 | | Service Occupation Tax Act by
retailers and servicemen on | 6 | | transactions at places located in a
State Sales Tax Boundary | 7 | | during the calendar year 1985.
| 8 | | (g-1) "Revised Initial Sales Tax Amounts" means the amount | 9 | | of taxes paid
under the Retailers' Occupation Tax Act, Use Tax | 10 | | Act, Service Use Tax Act, the
Service Occupation Tax Act, the | 11 | | Municipal Retailers' Occupation Tax Act,
and the Municipal | 12 | | Service Occupation Tax Act by retailers and servicemen on
| 13 | | transactions at places located within the State Sales Tax | 14 | | Boundary
revised pursuant to Section 11-74.4-8a(9) of this | 15 | | Act.
| 16 | | (h) "Municipal Sales Tax Increment" means an amount equal | 17 | | to the
increase in the aggregate amount of taxes paid to a | 18 | | municipality from the
Local Government Tax Fund arising from | 19 | | sales by retailers and servicemen
within the redevelopment | 20 | | project area or State Sales Tax Boundary, as
the case may be, | 21 | | for as long as the redevelopment project area or State
Sales | 22 | | Tax Boundary, as the case may be, exist over and above the | 23 | | aggregate
amount of taxes as certified by the Illinois | 24 | | Department of Revenue and paid
under the Municipal Retailers' | 25 | | Occupation Tax Act and the Municipal Service
Occupation Tax | 26 | | Act by retailers and servicemen, on transactions at places
of |
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| 1 | | business located in the redevelopment project area or State | 2 | | Sales Tax
Boundary, as the case may be, during the
base year | 3 | | which shall be the calendar year immediately prior to the year | 4 | | in
which the municipality adopted tax increment allocation | 5 | | financing. For
purposes of computing the aggregate amount of | 6 | | such taxes for base years
occurring prior to 1985, the | 7 | | Department of Revenue shall determine the
Initial Sales Tax | 8 | | Amounts for such taxes and deduct therefrom an amount
equal to | 9 | | 4% of the aggregate amount of taxes per year for each year the
| 10 | | base year is prior to 1985, but not to exceed a total deduction | 11 | | of 12%.
The amount so determined shall be known as the | 12 | | "Adjusted Initial Sales Tax
Amounts". For purposes of | 13 | | determining the Municipal Sales Tax Increment,
the Department | 14 | | of Revenue shall for each period subtract from the amount
paid | 15 | | to the municipality from the Local Government Tax Fund arising | 16 | | from
sales by retailers and servicemen on transactions
located | 17 | | in the redevelopment project area or the State Sales Tax | 18 | | Boundary,
as the case may be, the certified Initial Sales Tax
| 19 | | Amounts, the Adjusted Initial Sales Tax Amounts or the Revised | 20 | | Initial
Sales Tax Amounts for the Municipal Retailers'
| 21 | | Occupation Tax Act and the Municipal Service
Occupation Tax | 22 | | Act. For the State Fiscal Year 1989, this calculation shall
be | 23 | | made by utilizing the calendar year 1987 to determine the tax | 24 | | amounts
received. For the State Fiscal Year 1990, this | 25 | | calculation shall be made
by utilizing the period from January | 26 | | 1, 1988, until September 30, 1988, to
determine the tax |
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| 1 | | amounts received from retailers and servicemen pursuant
to the | 2 | | Municipal Retailers' Occupation Tax and the Municipal Service
| 3 | | Occupation Tax Act, which shall have deducted therefrom
| 4 | | nine-twelfths of the certified Initial Sales Tax Amounts, the | 5 | | Adjusted Initial
Sales Tax Amounts or the Revised Initial | 6 | | Sales Tax Amounts as appropriate.
For the State Fiscal Year | 7 | | 1991, this calculation shall be made by utilizing
the period | 8 | | from October 1, 1988, to June 30, 1989, to determine the tax
| 9 | | amounts received from retailers and servicemen pursuant to the | 10 | | Municipal
Retailers' Occupation Tax and the Municipal Service | 11 | | Occupation Tax Act
which shall have deducted therefrom | 12 | | nine-twelfths of the
certified Initial Sales Tax Amounts, | 13 | | Adjusted Initial Sales Tax
Amounts or the Revised Initial | 14 | | Sales Tax Amounts as appropriate. For every
State Fiscal Year | 15 | | thereafter, the applicable period shall be the 12 months
| 16 | | beginning July 1 and ending June 30 to determine the tax | 17 | | amounts received
which shall have deducted therefrom the | 18 | | certified Initial Sales Tax
Amounts, the Adjusted Initial | 19 | | Sales Tax Amounts or the Revised Initial
Sales Tax Amounts, as | 20 | | the case may be.
| 21 | | (i) "Net State Sales Tax Increment" means the sum of the | 22 | | following: (a)
80% of the first $100,000 of State Sales Tax | 23 | | Increment annually generated
within a State Sales Tax | 24 | | Boundary; (b) 60% of the amount in excess of
$100,000 but not | 25 | | exceeding $500,000 of State Sales Tax Increment annually
| 26 | | generated within a State Sales Tax Boundary; and (c) 40% of all |
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| 1 | | amounts in
excess of $500,000 of State Sales Tax Increment | 2 | | annually generated within a
State Sales Tax Boundary. If, | 3 | | however, a municipality established a tax
increment financing | 4 | | district in a county with a population in excess of
3,000,000 | 5 | | before January 1, 1986, and the municipality entered into a
| 6 | | contract or issued bonds after January 1, 1986, but before | 7 | | December 31, 1986,
to finance redevelopment project costs | 8 | | within a State Sales Tax
Boundary, then the Net State Sales Tax | 9 | | Increment means, for the fiscal years
beginning July 1, 1990, | 10 | | and July 1, 1991, 100% of the State Sales Tax
Increment | 11 | | annually generated within a State Sales Tax Boundary; and
| 12 | | notwithstanding any other provision of this Act, for those | 13 | | fiscal years the
Department of Revenue shall distribute to | 14 | | those municipalities 100% of
their Net State Sales Tax | 15 | | Increment before any distribution to any other
municipality | 16 | | and regardless of whether or not those other municipalities
| 17 | | will receive 100% of their Net State Sales Tax Increment. For | 18 | | Fiscal Year
1999, and every year thereafter until the year | 19 | | 2007, for any municipality
that has not entered into a | 20 | | contract or has not issued bonds prior to June
1, 1988 to | 21 | | finance redevelopment project costs within a State Sales Tax
| 22 | | Boundary, the Net State Sales Tax Increment shall be | 23 | | calculated as follows:
By multiplying the Net State Sales Tax | 24 | | Increment by 90% in the State Fiscal
Year 1999; 80% in the | 25 | | State Fiscal Year 2000; 70% in the State Fiscal Year
2001; 60% | 26 | | in the State Fiscal Year 2002; 50% in the State Fiscal Year |
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| 1 | | 2003; 40%
in the State Fiscal Year 2004; 30% in the State | 2 | | Fiscal Year 2005; 20% in
the State Fiscal Year 2006; and 10% in | 3 | | the State Fiscal Year 2007. No
payment shall be made for State | 4 | | Fiscal Year 2008 and thereafter.
| 5 | | Municipalities that issued bonds in connection with a | 6 | | redevelopment project
in a redevelopment project area within | 7 | | the State Sales Tax Boundary prior to
July 29, 1991,
or that | 8 | | entered into contracts in connection with a redevelopment | 9 | | project in
a redevelopment project area before June 1, 1988,
| 10 | | shall continue to receive their proportional share of the
| 11 | | Illinois Tax Increment Fund distribution until the date on | 12 | | which the
redevelopment project is completed or terminated.
| 13 | | If, however, a municipality that issued bonds in connection | 14 | | with a
redevelopment project in a redevelopment project area | 15 | | within the State Sales
Tax Boundary prior to July 29, 1991 | 16 | | retires the bonds prior to June 30, 2007 or
a municipality that | 17 | | entered into contracts in connection with a redevelopment
| 18 | | project in a redevelopment project area before June 1, 1988 | 19 | | completes the
contracts prior to June 30, 2007, then so long as | 20 | | the redevelopment project is
not
completed or is not | 21 | | terminated, the Net State Sales Tax Increment shall be
| 22 | | calculated, beginning on the date on which the bonds are | 23 | | retired or the
contracts are completed, as follows: By | 24 | | multiplying the Net State Sales Tax
Increment by 60% in the | 25 | | State Fiscal Year
2002; 50% in the State Fiscal Year 2003; 40% | 26 | | in the State Fiscal Year 2004; 30%
in the State Fiscal Year |
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| 1 | | 2005; 20% in the State Fiscal Year 2006; and 10% in
the State | 2 | | Fiscal Year 2007. No payment shall be made for State Fiscal | 3 | | Year
2008 and thereafter.
Refunding of any bonds issued
prior | 4 | | to July 29, 1991, shall not alter the Net State Sales Tax | 5 | | Increment.
| 6 | | (j) "State Utility Tax Increment Amount" means an amount | 7 | | equal to the
aggregate increase in State electric and gas tax | 8 | | charges imposed on owners
and tenants, other than residential | 9 | | customers, of properties located within
the redevelopment | 10 | | project area under Section 9-222 of the Public Utilities
Act, | 11 | | over and above the aggregate of such charges as certified by | 12 | | the
Department of Revenue and paid by owners and tenants, | 13 | | other than
residential customers, of properties within the | 14 | | redevelopment project area
during the base year, which shall | 15 | | be the calendar year immediately prior to
the year of the | 16 | | adoption of the ordinance authorizing tax increment allocation
| 17 | | financing.
| 18 | | (k) "Net State Utility Tax Increment" means the sum of the | 19 | | following:
(a) 80% of the first $100,000 of State Utility Tax | 20 | | Increment annually
generated by a redevelopment project area; | 21 | | (b) 60% of the amount in excess
of $100,000 but not exceeding | 22 | | $500,000 of the State Utility Tax Increment
annually generated | 23 | | by a redevelopment project area; and (c) 40% of all
amounts in | 24 | | excess of $500,000 of State Utility Tax Increment annually
| 25 | | generated by a redevelopment project area. For the State | 26 | | Fiscal Year 1999,
and every year thereafter until the year |
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| 1 | | 2007, for any municipality that
has not entered into a | 2 | | contract or has not issued bonds prior to June 1,
1988 to | 3 | | finance redevelopment project costs within a redevelopment | 4 | | project
area, the Net State Utility Tax Increment shall be | 5 | | calculated as follows:
By multiplying the Net State Utility | 6 | | Tax Increment by 90% in the State
Fiscal Year 1999; 80% in the | 7 | | State Fiscal Year 2000; 70% in the State
Fiscal Year 2001; 60% | 8 | | in the State Fiscal Year 2002; 50% in the State
Fiscal Year | 9 | | 2003; 40% in the State Fiscal Year 2004; 30% in the State
| 10 | | Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in | 11 | | the State
Fiscal Year 2007. No payment shall be made for the | 12 | | State Fiscal Year 2008
and thereafter.
| 13 | | Municipalities that issue bonds in connection with the | 14 | | redevelopment project
during the period from June 1, 1988 | 15 | | until 3 years after the effective date
of this Amendatory Act | 16 | | of 1988 shall receive the Net State Utility Tax
Increment, | 17 | | subject to appropriation, for 15 State Fiscal Years after the
| 18 | | issuance of such bonds. For the 16th through the 20th State | 19 | | Fiscal Years
after issuance of the bonds, the Net State | 20 | | Utility Tax Increment shall be
calculated as follows: By | 21 | | multiplying the Net State Utility Tax Increment
by 90% in year | 22 | | 16; 80% in year 17; 70% in year 18; 60% in year 19; and 50%
in | 23 | | year 20. Refunding of any bonds issued prior to June 1, 1988, | 24 | | shall not
alter the revised Net State Utility Tax Increment | 25 | | payments set forth above.
| 26 | | (l) "Obligations" mean bonds, loans, debentures, notes, |
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| 1 | | special certificates
or other evidence of indebtedness issued | 2 | | by the municipality to carry out
a redevelopment project or to | 3 | | refund outstanding obligations.
| 4 | | (m) "Payment in lieu of taxes" means those estimated tax | 5 | | revenues from
real property in a redevelopment project area | 6 | | derived from real property that
has been acquired by a | 7 | | municipality
which according to the redevelopment project or | 8 | | plan is to be used for a
private use which taxing districts | 9 | | would have received had a municipality
not acquired the real | 10 | | property and adopted tax increment allocation
financing and | 11 | | which would result from
levies made after the time of the | 12 | | adoption of tax increment allocation
financing to the time the | 13 | | current equalized value of real property in the
redevelopment | 14 | | project area exceeds the total initial equalized value of
real | 15 | | property in said area.
| 16 | | (n) "Redevelopment plan" means the comprehensive program | 17 | | of
the municipality for development or redevelopment intended | 18 | | by the payment of
redevelopment project costs to reduce or | 19 | | eliminate those conditions the
existence of which qualified | 20 | | the redevelopment project area as
a "blighted
area" or | 21 | | "conservation area" or combination thereof or "industrial park
| 22 | | conservation area," and thereby to enhance the tax bases of | 23 | | the taxing
districts which extend into the redevelopment | 24 | | project area, provided that, with respect to redevelopment | 25 | | project areas described in subsections (p-1) and (p-2), | 26 | | "redevelopment plan" means the comprehensive program of the |
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| 1 | | affected municipality for the development of qualifying | 2 | | transit facilities.
On and after November 1, 1999 (the | 3 | | effective date of
Public Act 91-478), no
redevelopment plan | 4 | | may be approved or amended that includes the development of
| 5 | | vacant land (i) with a golf course and related clubhouse and | 6 | | other facilities
or (ii) designated by federal, State, county, | 7 | | or municipal government as public
land for outdoor | 8 | | recreational activities or for nature preserves and used for
| 9 | | that purpose within 5
years prior to the adoption of the | 10 | | redevelopment plan. For the purpose of
this subsection, | 11 | | "recreational activities" is limited to mean camping and
| 12 | | hunting.
Each
redevelopment plan shall set forth in writing | 13 | | the program to be undertaken
to accomplish the objectives and | 14 | | shall include but not be limited to:
| 15 | | (A) an itemized list of estimated redevelopment | 16 | | project costs;
| 17 | | (B) evidence indicating that the redevelopment project | 18 | | area on the whole
has not been subject to growth and | 19 | | development through investment by private
enterprise, | 20 | | provided that such evidence shall not be required for any | 21 | | redevelopment project area located within a transit | 22 | | facility improvement area established pursuant to Section | 23 | | 11-74.4-3.3;
| 24 | | (C) an assessment of any financial impact of the | 25 | | redevelopment project
area on or any increased demand for | 26 | | services from any taxing district affected
by the plan and |
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| 1 | | any program to address such financial impact or increased
| 2 | | demand;
| 3 | | (D) the sources of funds to pay costs;
| 4 | | (E) the nature and term of the obligations to be | 5 | | issued;
| 6 | | (F) the most recent equalized assessed valuation of | 7 | | the redevelopment
project area;
| 8 | | (G) an estimate as to the equalized assessed valuation | 9 | | after redevelopment
and the general land uses to apply in | 10 | | the redevelopment project area;
| 11 | | (H) a commitment to fair employment practices and an | 12 | | affirmative action
plan;
| 13 | | (I) if it concerns an industrial park
conservation | 14 | | area, the plan shall
also include a general description
of | 15 | | any proposed developer, user and tenant of any property, a | 16 | | description
of the type, structure and general character | 17 | | of the facilities to be
developed, a description of the | 18 | | type, class and number of new employees to
be employed in | 19 | | the operation of the facilities to be developed; and
| 20 | | (J) if property is to be annexed to the municipality, | 21 | | the plan shall
include the terms of the annexation | 22 | | agreement.
| 23 | | The provisions of items (B) and (C) of this subsection (n) | 24 | | shall not apply to
a municipality that before March 14, 1994 | 25 | | (the effective date of Public Act
88-537) had fixed, either by | 26 | | its
corporate authorities or by a commission designated under |
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| 1 | | subsection (k) of
Section 11-74.4-4, a time and place for a | 2 | | public hearing as required by
subsection (a) of Section | 3 | | 11-74.4-5.
No redevelopment plan shall be adopted unless a
| 4 | | municipality complies with all of the following requirements:
| 5 | | (1) The municipality finds that the redevelopment | 6 | | project area on
the whole has not been subject to growth | 7 | | and development through investment
by private enterprise | 8 | | and would not reasonably be anticipated to be
developed | 9 | | without the adoption of the redevelopment plan, provided, | 10 | | however, that such a finding shall not be required with | 11 | | respect to any redevelopment project area located within a | 12 | | transit facility improvement area established pursuant to | 13 | | Section 11-74.4-3.3.
| 14 | | (2) The municipality finds that the redevelopment plan | 15 | | and project conform
to the comprehensive plan for the | 16 | | development of the municipality as a whole,
or, for | 17 | | municipalities with a population of 100,000 or more, | 18 | | regardless of when
the redevelopment plan and project was | 19 | | adopted, the redevelopment plan and
project either: (i) | 20 | | conforms to the strategic economic development or
| 21 | | redevelopment plan issued by the designated planning | 22 | | authority of the
municipality, or (ii) includes land uses | 23 | | that have been approved by the
planning commission of the | 24 | | municipality.
| 25 | | (3) The redevelopment plan establishes the estimated | 26 | | dates of completion
of the redevelopment project and |
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| 1 | | retirement of obligations issued to finance
redevelopment | 2 | | project costs. Those dates may not be later than the dates | 3 | | set forth under Section 11-74.4-3.5.
| 4 | | A municipality may by municipal ordinance amend an | 5 | | existing redevelopment
plan to conform to this paragraph | 6 | | (3) as amended by Public Act 91-478, which
municipal | 7 | | ordinance may be adopted without
further hearing or
notice | 8 | | and without complying with the procedures provided in this | 9 | | Act
pertaining to an amendment to or the initial approval | 10 | | of a redevelopment plan
and project and
designation of a | 11 | | redevelopment project area.
| 12 | | (3.5) The municipality finds, in the case of an | 13 | | industrial
park
conservation area, also that the | 14 | | municipality is a labor surplus municipality
and that the | 15 | | implementation of the redevelopment plan will reduce | 16 | | unemployment,
create new jobs and by the provision of new | 17 | | facilities enhance the tax base of
the taxing districts | 18 | | that extend into the redevelopment project area.
| 19 | | (4) If any incremental revenues are being utilized | 20 | | under
Section 8(a)(1)
or 8(a)(2) of this Act in | 21 | | redevelopment project areas approved by ordinance
after | 22 | | January 1, 1986, the municipality finds: (a) that the | 23 | | redevelopment
project area would not reasonably be | 24 | | developed without the use of such
incremental revenues, | 25 | | and (b) that such incremental revenues will be
exclusively | 26 | | utilized for the development of the redevelopment project |
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| 1 | | area.
| 2 | | (5) If: (a)
the redevelopment plan will not result in
| 3 | | displacement of
residents from 10 or more inhabited | 4 | | residential units, and the
municipality certifies in the | 5 | | plan that
such displacement will not result from the plan; | 6 | | or (b) the redevelopment plan is for a redevelopment | 7 | | project area or a qualifying transit facility located | 8 | | within a transit facility improvement area established | 9 | | pursuant to Section 11-74.4-3.3, and the applicable | 10 | | project is subject to the process for evaluation of | 11 | | environmental effects under the National Environmental | 12 | | Policy Act of 1969, 42 U.S.C. 4321 et seq., then a housing | 13 | | impact study
need not be performed.
If, however, the | 14 | | redevelopment plan would result in the displacement
of
| 15 | | residents from 10 or more inhabited
residential units,
or | 16 | | if the redevelopment project area contains 75 or more | 17 | | inhabited residential
units and no
certification is made,
| 18 | | then the municipality shall prepare, as part of the | 19 | | separate
feasibility report required by subsection (a) of | 20 | | Section 11-74.4-5, a housing
impact study.
| 21 | | Part I of the housing impact study shall include (i) | 22 | | data as to whether
the residential units are single family | 23 | | or multi-family units,
(ii) the number and type of rooms | 24 | | within the units, if that information is
available, (iii) | 25 | | whether
the
units are inhabited or uninhabited, as | 26 | | determined not less than 45
days before the date that the |
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| 1 | | ordinance or resolution required
by subsection (a) of | 2 | | Section 11-74.4-5 is passed, and (iv) data as to the
| 3 | | racial and ethnic composition of the residents in the | 4 | | inhabited residential
units. The data requirement as to | 5 | | the racial and ethnic composition of the
residents in the | 6 | | inhabited residential units shall be deemed to be fully
| 7 | | satisfied by data from the most recent federal census.
| 8 | | Part II of the housing impact study shall identify the | 9 | | inhabited
residential units in the proposed redevelopment | 10 | | project area that are to be or
may be removed. If inhabited | 11 | | residential units are to be removed, then the
housing | 12 | | impact study shall identify (i) the number and location of | 13 | | those units
that will or may be removed, (ii) the | 14 | | municipality's plans for relocation
assistance for those | 15 | | residents in the proposed redevelopment project area
whose | 16 | | residences are to be removed, (iii) the availability of | 17 | | replacement
housing for those residents whose residences | 18 | | are to be removed, and shall
identify the type, location, | 19 | | and cost of the housing, and (iv) the type and
extent
of | 20 | | relocation assistance to be provided.
| 21 | | (6) On and after November 1, 1999, the
housing impact | 22 | | study required by paragraph (5) shall be
incorporated in | 23 | | the redevelopment plan for the
redevelopment project area.
| 24 | | (7) On and after November 1, 1999, no
redevelopment | 25 | | plan shall be adopted, nor an
existing plan amended, nor | 26 | | shall residential housing that is
occupied by households |
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| 1 | | of low-income and very low-income
persons in currently | 2 | | existing redevelopment project
areas be removed after | 3 | | November 1, 1999 unless the redevelopment plan provides, | 4 | | with
respect to inhabited housing units that are to be | 5 | | removed for
households of low-income and very low-income | 6 | | persons, affordable
housing and relocation assistance not | 7 | | less than that which would
be provided under the federal | 8 | | Uniform Relocation Assistance and
Real Property | 9 | | Acquisition Policies Act of 1970 and the regulations
under | 10 | | that Act, including the eligibility criteria.
Affordable | 11 | | housing may be either existing or newly constructed
| 12 | | housing. For purposes of this paragraph (7), "low-income
| 13 | | households", "very low-income households", and "affordable
| 14 | | housing" have the meanings set forth in the Illinois | 15 | | Affordable
Housing Act.
The municipality shall make a good | 16 | | faith effort to ensure that this affordable
housing is | 17 | | located in or near the redevelopment project area within | 18 | | the
municipality.
| 19 | | (8) On and after November 1, 1999, if,
after the | 20 | | adoption of the redevelopment plan for the
redevelopment | 21 | | project area, any municipality desires to amend its
| 22 | | redevelopment plan
to remove more inhabited residential | 23 | | units than
specified in its original redevelopment plan, | 24 | | that change shall be made in
accordance with the | 25 | | procedures in subsection (c) of Section 11-74.4-5.
| 26 | | (9) For redevelopment project areas designated prior |
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| 1 | | to November 1,
1999, the redevelopment plan may be amended | 2 | | without further joint review board
meeting or hearing, | 3 | | provided that the municipality shall give notice of any
| 4 | | such changes by mail to each affected taxing district and | 5 | | registrant on the
interested party registry, to authorize | 6 | | the municipality to expend tax
increment revenues for | 7 | | redevelopment project costs defined by paragraphs (5)
and | 8 | | (7.5), subparagraphs (E) and (F) of paragraph (11), and | 9 | | paragraph (11.5) of
subsection (q) of Section 11-74.4-3, | 10 | | so long as the changes do not increase the
total estimated | 11 | | redevelopment project costs set out in the redevelopment | 12 | | plan
by more than 5% after adjustment for inflation from | 13 | | the date the plan was
adopted.
| 14 | | (o) "Redevelopment project" means any public and private | 15 | | development project
in furtherance of the objectives of a | 16 | | redevelopment plan.
On and after November 1, 1999 (the | 17 | | effective date of Public Act 91-478), no
redevelopment plan | 18 | | may be approved or amended that includes the development
of | 19 | | vacant land (i) with a golf course and related clubhouse and | 20 | | other
facilities
or (ii) designated by federal, State, county, | 21 | | or municipal government as public
land for outdoor | 22 | | recreational activities or for nature preserves and used for
| 23 | | that purpose within 5
years prior to the adoption of the | 24 | | redevelopment plan. For the purpose of
this subsection, | 25 | | "recreational activities" is limited to mean camping and
| 26 | | hunting.
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| 1 | | (p) "Redevelopment project area" means an area designated | 2 | | by
the
municipality, which is not less in the aggregate than 1 | 3 | | 1/2 acres and in
respect to which the municipality has made a | 4 | | finding that there exist
conditions which cause the area to be | 5 | | classified as an industrial park
conservation area or a | 6 | | blighted area or a conservation area, or a
combination of both | 7 | | blighted areas and conservation areas.
| 8 | | (p-1) Notwithstanding any provision of this Act to the | 9 | | contrary, on and after August 25, 2009 (the effective date of | 10 | | Public Act 96-680), a redevelopment project area may include | 11 | | areas within a one-half mile radius of an existing or proposed | 12 | | Regional Transportation Authority Suburban Transit Access | 13 | | Route (STAR Line) station without a finding that the area is | 14 | | classified as an industrial park conservation area, a blighted | 15 | | area, a conservation area, or a combination thereof, but only | 16 | | if the municipality receives unanimous consent from the joint | 17 | | review board created to review the proposed redevelopment | 18 | | project area. | 19 | | (p-2) Notwithstanding any provision of this Act to the | 20 | | contrary, on and after the effective date of this amendatory | 21 | | Act of the 99th General Assembly, a redevelopment project area | 22 | | may include areas within a transit facility improvement area | 23 | | that has been established pursuant to Section 11-74.4-3.3 | 24 | | without a finding that the area is classified as an industrial | 25 | | park conservation area, a blighted area, a conservation area, | 26 | | or any combination thereof. |
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| 1 | | (q) "Redevelopment project costs", except for | 2 | | redevelopment project areas created pursuant to subsection | 3 | | (p-1) or (p-2), means and includes the sum total of all
| 4 | | reasonable or necessary costs incurred or estimated to be | 5 | | incurred, and
any such costs incidental to a redevelopment | 6 | | plan and a redevelopment
project. Such costs include, without | 7 | | limitation, the following:
| 8 | | (1) Costs of studies, surveys, development of plans, | 9 | | and
specifications, implementation and administration of | 10 | | the redevelopment
plan including but not limited to staff | 11 | | and professional service costs for
architectural, | 12 | | engineering, legal, financial, planning or other
services, | 13 | | provided however that no charges for professional services | 14 | | may be
based on a percentage of the tax increment | 15 | | collected; except that on and
after November 1, 1999 (the | 16 | | effective date of Public Act 91-478), no
contracts for
| 17 | | professional services, excluding architectural and | 18 | | engineering services, may be
entered into if the terms of | 19 | | the contract extend
beyond a period of 3 years. In | 20 | | addition, "redevelopment project costs" shall
not include | 21 | | lobbying expenses.
After consultation with the | 22 | | municipality, each tax
increment consultant or advisor to | 23 | | a municipality that plans to designate or
has designated a | 24 | | redevelopment project area shall inform the municipality | 25 | | in
writing of any contracts that the consultant or advisor | 26 | | has entered into with
entities or individuals that have |
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| 1 | | received, or are receiving, payments financed
by tax
| 2 | | increment revenues produced by the redevelopment project | 3 | | area with respect to
which the consultant or advisor has | 4 | | performed, or will be performing, service
for the
| 5 | | municipality. This requirement shall be satisfied by the | 6 | | consultant or advisor
before the commencement of services | 7 | | for the municipality and thereafter
whenever any other | 8 | | contracts with those individuals or entities are executed | 9 | | by
the consultant or advisor;
| 10 | | (1.5) After July 1, 1999, annual administrative costs | 11 | | shall
not include general overhead or
administrative costs | 12 | | of the municipality
that would still have been incurred by | 13 | | the municipality if the municipality had
not
designated a | 14 | | redevelopment project area or approved a redevelopment | 15 | | plan;
| 16 | | (1.6) The cost of
marketing sites within the | 17 | | redevelopment project area to prospective
businesses, | 18 | | developers, and investors;
| 19 | | (2) Property assembly costs, including but not limited | 20 | | to acquisition
of land and other property, real or | 21 | | personal, or rights or interests therein,
demolition of | 22 | | buildings, site preparation, site improvements that serve | 23 | | as an
engineered barrier addressing ground level or below | 24 | | ground environmental
contamination, including, but not | 25 | | limited to parking lots and other concrete
or asphalt | 26 | | barriers, and the clearing and grading of
land;
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| 1 | | (3) Costs of rehabilitation, reconstruction or repair | 2 | | or remodeling of
existing public or private buildings, | 3 | | fixtures, and leasehold
improvements; and the cost of | 4 | | replacing
an existing public building if pursuant to the | 5 | | implementation of a
redevelopment project the existing | 6 | | public building is to be demolished to use
the site for | 7 | | private investment or
devoted to a different use requiring | 8 | | private investment; including any direct or indirect costs | 9 | | relating to Green Globes or LEED certified construction | 10 | | elements or construction elements with an equivalent | 11 | | certification;
| 12 | | (4) Costs of the construction of public works or | 13 | | improvements, including any direct or indirect costs | 14 | | relating to Green Globes or LEED certified construction | 15 | | elements or construction elements with an equivalent | 16 | | certification, except
that on and after November 1, 1999,
| 17 | | redevelopment
project costs shall not include the cost of | 18 | | constructing a
new municipal public building principally | 19 | | used to provide
offices, storage space, or conference | 20 | | facilities or vehicle storage,
maintenance, or repair for | 21 | | administrative,
public safety, or public works personnel
| 22 | | and that is not intended to replace an existing
public | 23 | | building as provided under paragraph (3) of subsection (q) | 24 | | of Section
11-74.4-3
unless either (i) the construction of | 25 | | the new municipal building
implements a redevelopment | 26 | | project that was included in a redevelopment plan
that was |
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| 1 | | adopted by the municipality prior to November 1, 1999, | 2 | | (ii) the
municipality makes a reasonable
determination in | 3 | | the redevelopment plan, supported by information that | 4 | | provides
the basis for that determination, that the new | 5 | | municipal building is required
to meet an increase in the | 6 | | need for public safety purposes anticipated to
result from | 7 | | the implementation of the redevelopment plan, or (iii) the | 8 | | new municipal public building is for the storage, | 9 | | maintenance, or repair of transit vehicles and is located | 10 | | in a transit facility improvement area that has been | 11 | | established pursuant to Section 11-74.4-3.3;
| 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 | 19 | | on any obligations issued hereunder including
interest | 20 | | accruing
during the estimated period of construction of | 21 | | any 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 | 25 | | agreement accepts and
approves
the same, all or a portion | 26 | | of a taxing district's capital costs resulting
from the |
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| 1 | | redevelopment project necessarily incurred or to be | 2 | | incurred within a
taxing district in
furtherance of the | 3 | | objectives of the 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 | 25 | | in housing units within
the redevelopment project area | 26 | | that have received financial assistance through
an |
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| 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 | 6 | | designation of the redevelopment project area by the | 7 | | most recently
available per capita tuition cost as | 8 | | defined in Section 10-20.12a of the School
Code less | 9 | | any increase in general State aid as defined in | 10 | | Section 18-8.05 of
the School Code or evidence-based | 11 | | funding as defined in Section 18-8.15 of the School | 12 | | Code attributable to these added new students subject | 13 | | to the
following annual limitations:
| 14 | | (i) for unit school districts with a district | 15 | | average 1995-96 Per
Capita
Tuition Charge of less | 16 | | than $5,900, no more than 25% of the total amount | 17 | | of
property tax increment revenue produced by | 18 | | those housing units that have
received tax | 19 | | increment finance assistance under this Act;
| 20 | | (ii) for elementary school districts with a | 21 | | district average 1995-96
Per
Capita Tuition Charge | 22 | | of less than $5,900, no more than 17% of the total | 23 | | amount
of property tax increment revenue produced | 24 | | by those housing units that have
received tax | 25 | | increment finance assistance under this Act; and
| 26 | | (iii) for secondary school districts with a |
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| 1 | | district average 1995-96
Per
Capita Tuition Charge | 2 | | of less than $5,900, no more than 8% of the total | 3 | | amount
of property tax increment revenue produced | 4 | | by those housing units that have
received tax | 5 | | increment finance assistance under this Act.
| 6 | | (B) For alternate method districts, flat grant | 7 | | districts, and foundation
districts with a district | 8 | | average 1995-96 Per Capita Tuition Charge equal to or
| 9 | | more than $5,900, excluding any school district with a | 10 | | population in excess of
1,000,000, by multiplying the | 11 | | district's increase in attendance
resulting
from the | 12 | | net increase in new students enrolled in that school | 13 | | district who
reside in
housing units within the | 14 | | redevelopment project area that have received
| 15 | | financial assistance through an agreement with the | 16 | | municipality or because the
municipality incurs the | 17 | | cost of necessary infrastructure improvements within
| 18 | | the boundaries of the housing sites necessary for the | 19 | | completion of that
housing as authorized by this Act | 20 | | since the designation of the redevelopment
project | 21 | | area by the most recently available per capita tuition | 22 | | cost as defined
in Section 10-20.12a of the School | 23 | | Code less any increase in general state aid
as defined | 24 | | in Section 18-8.05 of the School Code or | 25 | | evidence-based funding as defined in Section 18-8.15 | 26 | | of the School Code attributable to these added
new |
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| 1 | | students subject to the following annual limitations:
| 2 | | (i) for unit school districts, no more than | 3 | | 40% of the total amount of
property tax increment | 4 | | revenue produced by those housing units that have
| 5 | | received tax increment finance assistance under | 6 | | this Act;
| 7 | | (ii) for elementary school districts, no more | 8 | | than 27% of the total
amount
of property tax | 9 | | increment revenue produced by those housing units | 10 | | that have
received tax increment finance | 11 | | assistance under this Act; and
| 12 | | (iii) for secondary school districts, no more | 13 | | than 13% of the total
amount
of property tax | 14 | | increment revenue produced by those housing units | 15 | | that have
received tax increment finance | 16 | | assistance under this Act.
| 17 | | (C) For any school district in a municipality with | 18 | | a population in
excess of
1,000,000, the following | 19 | | restrictions shall apply to the
reimbursement of | 20 | | increased costs under this paragraph (7.5):
| 21 | | (i) no increased costs shall be reimbursed | 22 | | unless the school district
certifies that each of | 23 | | the schools affected by the assisted housing | 24 | | project
is at or over its student capacity;
| 25 | | (ii) the amount reimbursable shall be reduced | 26 | | by the value of any
land
donated to the school |
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| 1 | | district by the municipality or developer, and by | 2 | | the
value of any physical improvements made to the | 3 | | schools by the
municipality or developer; and
| 4 | | (iii) the amount reimbursed may not affect | 5 | | amounts otherwise obligated
by
the terms of any | 6 | | bonds, notes, or other funding instruments, or the | 7 | | terms of
any redevelopment agreement.
| 8 | | Any school district seeking payment under this | 9 | | paragraph (7.5) shall,
after July 1 and before | 10 | | September 30 of each year,
provide the municipality | 11 | | with reasonable evidence to support its claim for
| 12 | | reimbursement before the municipality shall be | 13 | | required to approve or make
the payment to the school | 14 | | district. If the school district fails to provide
the | 15 | | information during this period in any year, it shall | 16 | | forfeit any claim to
reimbursement for that year. | 17 | | School districts may adopt a resolution
waiving the | 18 | | right to all or a portion of the reimbursement | 19 | | otherwise required
by this paragraph
(7.5). By | 20 | | acceptance of this reimbursement the school
district | 21 | | waives the right to directly or indirectly set aside, | 22 | | modify, or
contest in any manner the establishment of | 23 | | the redevelopment project area or
projects;
| 24 | | (7.7) For redevelopment project areas designated (or | 25 | | redevelopment
project areas amended to add or increase the | 26 | | number of
tax-increment-financing assisted housing units) |
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| 1 | | on or after
January 1, 2005 (the effective date of Public | 2 | | Act 93-961),
a public library
district's increased costs | 3 | | attributable to assisted housing units located
within the
| 4 | | redevelopment project area for which the developer or | 5 | | redeveloper receives
financial assistance through an | 6 | | agreement with the municipality or because the
| 7 | | municipality incurs the cost of necessary infrastructure | 8 | | improvements within
the boundaries of the assisted housing | 9 | | sites necessary for the completion of
that housing
as | 10 | | authorized by this Act shall be paid to the library | 11 | | district by the
municipality
from the Special Tax | 12 | | Allocation Fund when the tax increment revenue is received
| 13 | | as a result of the assisted housing units. This paragraph | 14 | | (7.7) applies only if (i) the library district is located | 15 | | in a county that is subject to the Property Tax Extension | 16 | | Limitation Law or (ii) the library district is not located | 17 | | in a county that is subject to the Property Tax Extension | 18 | | Limitation Law but the district is prohibited by any other | 19 | | law from increasing its tax levy rate without a prior | 20 | | voter referendum.
| 21 | | The amount paid to a library district under this | 22 | | paragraph (7.7) shall be
calculated
by multiplying (i) the | 23 | | net increase in the number of persons eligible to obtain
a
| 24 | | library card
in that district who reside in housing units | 25 | | within
the redevelopment project area that have received | 26 | | financial assistance through
an agreement with the |
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| 1 | | municipality or because the municipality incurs the cost
| 2 | | of necessary infrastructure improvements within the | 3 | | boundaries of the housing
sites necessary for the | 4 | | completion of that housing as authorized by this Act
since | 5 | | the designation of the redevelopment project area by (ii)
| 6 | | the per-patron cost of providing library services so long | 7 | | as it does not exceed $120.
The per-patron cost shall be | 8 | | the Total Operating Expenditures Per Capita for the | 9 | | library in the previous fiscal year.
The municipality may | 10 | | deduct from the amount that it must pay to a library | 11 | | district under this paragraph any amount that it has | 12 | | voluntarily paid to the library district from the tax | 13 | | increment revenue. The amount paid to a library district | 14 | | under this paragraph (7.7) shall be no
more
than 2% of the | 15 | | amount produced by the assisted housing units and | 16 | | deposited into the Special Tax Allocation Fund.
| 17 | | A library district is not eligible for any payment | 18 | | under this paragraph
(7.7)
unless the library district has | 19 | | experienced an increase in the
number of patrons from the | 20 | | municipality that created the tax-increment-financing | 21 | | district since the designation of the redevelopment | 22 | | project area.
| 23 | | Any library district seeking payment under this | 24 | | paragraph (7.7) shall,
after July 1 and before September | 25 | | 30 of each year,
provide the municipality with convincing | 26 | | evidence to support its claim for
reimbursement before the |
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| 1 | | municipality shall be required to approve or make
the | 2 | | payment to the library district. If the library district | 3 | | fails to provide
the information during this period in any | 4 | | year, it shall forfeit any claim to
reimbursement for that | 5 | | year. Library districts may adopt a resolution
waiving the | 6 | | right to all or a portion of the reimbursement otherwise | 7 | | required by this paragraph (7.7). By acceptance of such | 8 | | reimbursement, the library district shall forfeit any | 9 | | right to directly or indirectly set aside, modify, or | 10 | | contest in any manner whatsoever the establishment of the | 11 | | redevelopment project area or
projects; | 12 | | (8) Relocation costs to the extent that a municipality | 13 | | determines that
relocation costs shall be paid or is | 14 | | required to make payment of relocation
costs by federal or | 15 | | State law or in order to satisfy subparagraph (7) of
| 16 | | subsection (n);
| 17 | | (9) Payment in lieu of taxes;
| 18 | | (10) Costs of job training, retraining, advanced | 19 | | vocational education
or career
education, including but | 20 | | not limited to courses in occupational,
semi-technical or | 21 | | technical fields leading directly to employment, incurred
| 22 | | by one or more taxing districts, provided that such costs | 23 | | (i) are related
to the establishment and maintenance of | 24 | | additional job training, advanced
vocational education or | 25 | | career education programs for persons employed or
to be | 26 | | employed by employers located in a redevelopment project |
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| 1 | | area; and
(ii) when incurred by a taxing district or | 2 | | taxing districts other than the
municipality, are set | 3 | | forth in a written agreement by or among the
municipality | 4 | | and the taxing district or taxing districts, which | 5 | | agreement
describes the program to be undertaken, | 6 | | including but not limited to the
number of employees to be | 7 | | trained, a description of the training and
services to be | 8 | | provided, the number and type of positions available or to
| 9 | | be available, itemized costs of the program and sources of | 10 | | funds to pay for the
same, and the term of the agreement. | 11 | | Such costs include, specifically, the
payment by community | 12 | | college districts of costs pursuant to Sections 3-37,
| 13 | | 3-38, 3-40 and 3-40.1 of the Public Community College Act | 14 | | and by school
districts of costs pursuant to Sections | 15 | | 10-22.20a and 10-23.3a of the School
Code;
| 16 | | (11) Interest cost incurred by a redeveloper related | 17 | | to the
construction, renovation or rehabilitation of a | 18 | | redevelopment project
provided that:
| 19 | | (A) such costs are to be paid directly from the | 20 | | special tax
allocation fund established pursuant to | 21 | | this Act;
| 22 | | (B) such payments in any one year may not exceed | 23 | | 30% of the annual
interest costs incurred by the | 24 | | redeveloper with regard to the redevelopment
project | 25 | | during that year;
| 26 | | (C) if there are not sufficient funds available in |
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| 1 | | the special tax
allocation fund to make the payment | 2 | | pursuant to this paragraph (11) then
the amounts so | 3 | | due shall accrue and be payable when sufficient funds | 4 | | are
available in the special tax allocation fund;
| 5 | | (D) the total of such interest payments paid | 6 | | pursuant to this Act
may not exceed 30% of the total | 7 | | (i) cost paid or incurred by the
redeveloper for the | 8 | | redevelopment project plus (ii) redevelopment project
| 9 | | costs excluding any property assembly costs and any | 10 | | relocation costs
incurred by a municipality pursuant | 11 | | to this Act;
| 12 | | (E) the cost limits set forth in subparagraphs (B) | 13 | | and (D) of
paragraph (11) shall be modified for the | 14 | | financing of rehabilitated or
new housing units for | 15 | | low-income households and very low-income households, | 16 | | as
defined in
Section 3 of the Illinois Affordable | 17 | | Housing Act. The percentage of
75% shall be | 18 | | substituted for 30% in subparagraphs (B) and (D) of
| 19 | | paragraph (11); and
| 20 | | (F) instead of the eligible costs provided by | 21 | | subparagraphs (B) and (D)
of
paragraph (11), as | 22 | | modified by this subparagraph, and notwithstanding
any | 23 | | other provisions of this Act to the contrary, the | 24 | | municipality may
pay from tax increment revenues up to | 25 | | 50% of the cost of construction
of new housing units to | 26 | | be occupied by low-income households and very
|
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| 1 | | low-income
households as defined in Section 3 of the | 2 | | Illinois Affordable Housing
Act. The cost of | 3 | | construction of those units may be derived from the
| 4 | | proceeds of bonds issued by the municipality under | 5 | | this Act or
other constitutional or statutory | 6 | | authority or from other sources of
municipal revenue | 7 | | that may be reimbursed from tax increment
revenues or | 8 | | the proceeds of bonds issued to finance the | 9 | | construction
of that housing.
| 10 | | The eligible costs provided under this | 11 | | subparagraph (F) of paragraph (11)
shall
be
an | 12 | | eligible cost for the construction, renovation, and | 13 | | rehabilitation of all
low and very low-income housing | 14 | | units, as defined in Section 3 of the Illinois
| 15 | | Affordable Housing Act, within the redevelopment | 16 | | project area. If the low and
very
low-income units are | 17 | | part of a residential redevelopment project that | 18 | | includes
units not affordable to low and very | 19 | | low-income households, only the low and
very | 20 | | low-income units shall be eligible for benefits under | 21 | | this subparagraph (F) of
paragraph (11).
The standards | 22 | | for maintaining the occupancy
by low-income households | 23 | | and very low-income households,
as
defined in Section | 24 | | 3 of the Illinois Affordable Housing Act,
of those | 25 | | units constructed with eligible costs made available | 26 | | under the
provisions of
this subparagraph (F) of |
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| 1 | | paragraph (11)
shall be
established by guidelines | 2 | | adopted by the municipality. The
responsibility for | 3 | | annually documenting the initial occupancy of
the | 4 | | units by low-income households and very low-income | 5 | | households, as defined
in
Section 3
of the Illinois | 6 | | Affordable Housing Act, shall be that of the then | 7 | | current
owner of the property.
For ownership units, | 8 | | the guidelines will provide, at a minimum, for a
| 9 | | reasonable recapture of funds, or other appropriate | 10 | | methods designed to
preserve the original | 11 | | affordability of the ownership units. For rental | 12 | | units,
the guidelines will provide, at a minimum, for | 13 | | the affordability of rent to low
and very low-income | 14 | | households. As units become available, they shall be
| 15 | | rented to income-eligible tenants.
The municipality | 16 | | may modify these
guidelines from time to time; the | 17 | | guidelines, however, shall be in effect
for as long as | 18 | | tax increment revenue is being used to pay for costs
| 19 | | associated with the units or for the retirement of | 20 | | bonds issued to finance
the units or for the life of | 21 | | the redevelopment project area, whichever is
later;
| 22 | | (11.5) If the redevelopment project area is located | 23 | | within a municipality
with a population of more than | 24 | | 100,000, the cost of day care services for
children of | 25 | | employees from
low-income
families working for businesses | 26 | | located within the redevelopment project area
and all or a
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| 1 | | portion of the cost of operation of day care centers | 2 | | established by
redevelopment project
area businesses to | 3 | | serve employees from low-income families working in
| 4 | | businesses
located in the redevelopment project area. For | 5 | | the purposes of this paragraph,
"low-income families" | 6 | | means families whose annual income does not exceed 80% of
| 7 | | the
municipal, county, or regional median income, adjusted | 8 | | for family size, as the
annual
income and municipal, | 9 | | county, or regional median income are determined from
time | 10 | | to
time by the United States Department of Housing and | 11 | | Urban Development.
| 12 | | (12) Costs relating to the development of urban | 13 | | agricultural areas under Division 15.2 of the Illinois | 14 | | Municipal Code. | 15 | | (13) Costs of business interruption or closures. Such | 16 | | costs are payable to businesses located within the | 17 | | redevelopment area that have experienced business | 18 | | interruption or other adverse conditions directly or | 19 | | indirectly attributable to the COVID-19 public health | 20 | | emergency and experienced during a statewide disaster | 21 | | declaration regarding COVID-19. These costs may be | 22 | | reimbursed in the form of grants, subsidies, or loans | 23 | | distributed prior to December 31, 2022. | 24 | | The municipality may establish, by ordinance or | 25 | | resolution, procedures for the payment of such costs, | 26 | | including application procedures, grant or loan |
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| 1 | | agreements, certifications, payment methodologies, and | 2 | | other accountability measures that may be imposed upon | 3 | | participating businesses. | 4 | | As used in this subsection, "costs of business | 5 | | interruption" means either of the following: decreases in | 6 | | revenue caused by closing or limiting access to the | 7 | | business establishment to comply with COVID-19 public | 8 | | health emergency prevention directives or to otherwise | 9 | | prevent the spread of COVID-19 within the business | 10 | | establishment; or decreases in revenue caused by decreased | 11 | | customer demand as a result of the COVID-19 public health | 12 | | emergency. | 13 | | Unless explicitly stated herein the cost of construction | 14 | | of new
privately-owned buildings shall not be an eligible | 15 | | redevelopment project cost.
| 16 | | After November 1, 1999 (the effective date of Public Act
| 17 | | 91-478), none of
the
redevelopment project costs enumerated in | 18 | | this subsection shall be eligible
redevelopment project costs | 19 | | if those costs would provide direct financial
support to a
| 20 | | retail entity initiating operations in the
redevelopment | 21 | | project area while
terminating operations at another Illinois | 22 | | location within 10 miles of the
redevelopment project area but | 23 | | outside the boundaries of the redevelopment
project area | 24 | | municipality. For
purposes of this paragraph, termination | 25 | | means a
closing of a retail operation that is directly related | 26 | | to the opening of the
same operation or like retail entity |
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| 1 | | owned or operated by more than 50% of the
original ownership in | 2 | | a redevelopment project area, but
it does not mean
closing an | 3 | | operation for reasons beyond the control of the
retail entity, | 4 | | as
documented by the retail entity, subject to a reasonable | 5 | | finding by the
municipality that the current location | 6 | | contained inadequate space, had become
economically obsolete, | 7 | | or was no longer a viable location for the retailer or
| 8 | | serviceman.
| 9 | | No cost shall be a redevelopment project cost in a | 10 | | redevelopment project area if used to demolish, remove, or | 11 | | substantially modify a historic resource, after August 26, | 12 | | 2008 (the effective date of Public Act 95-934), unless no | 13 | | prudent and feasible alternative exists. "Historic resource" | 14 | | for the purpose of this paragraph means (i) a place or | 15 | | structure that is included or eligible for inclusion on the | 16 | | National Register of Historic Places or (ii) a contributing | 17 | | structure in a district on the National Register of Historic | 18 | | Places. This paragraph does not apply to a place or structure | 19 | | for which demolition, removal, or modification is subject to | 20 | | review by the preservation agency of a Certified Local | 21 | | Government designated as such by the National Park Service of | 22 | | the United States Department of the Interior. | 23 | | If a special service area has been established pursuant to
| 24 | | the Special Service Area Tax Act or Special Service Area Tax | 25 | | Law, then any
tax increment revenues derived
from the tax | 26 | | imposed pursuant to the Special Service Area Tax Act or |
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| 1 | | Special
Service Area Tax Law may
be used within the | 2 | | redevelopment project area for the purposes permitted by
that | 3 | | Act or Law as well as the purposes permitted by this Act.
| 4 | | (q-1) For redevelopment project areas created pursuant to | 5 | | subsection (p-1), redevelopment project costs are limited to | 6 | | those costs in paragraph (q) that are related to the existing | 7 | | or proposed Regional Transportation Authority Suburban Transit | 8 | | Access Route (STAR Line) station. | 9 | | (q-2) For a transit facility improvement area established | 10 | | prior to, on, or after the effective date of this amendatory | 11 | | Act of the 102nd General Assembly: (i) "redevelopment project | 12 | | costs" means those costs described in subsection (q) that are | 13 | | related to the construction, reconstruction, rehabilitation, | 14 | | remodeling, or repair of any existing or proposed transit | 15 | | facility, whether that facility is located within or outside | 16 | | the boundaries of a redevelopment project area established | 17 | | within that transit facility improvement area (and, to the | 18 | | extent a redevelopment project cost is described in subsection | 19 | | (q) as incurred or estimated to be incurred with respect to a | 20 | | redevelopment project area, then it shall apply with respect | 21 | | to such transit facility improvement area); and (ii) the | 22 | | provisions of Section 11-74.4-8 regarding tax increment | 23 | | allocation financing for a redevelopment project area located | 24 | | in a transit facility improvement area shall apply only to the | 25 | | lots, blocks, tracts and parcels of real property that are | 26 | | located within the boundaries of that redevelopment project |
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| 1 | | area and not to the lots, blocks, tracts, and parcels of real | 2 | | property that are located outside the boundaries of that | 3 | | redevelopment project area. | 4 | | (r) "State Sales Tax Boundary" means the redevelopment | 5 | | project area or
the amended redevelopment project area | 6 | | boundaries which are determined
pursuant to subsection (9) of | 7 | | Section 11-74.4-8a of this
Act. The Department of Revenue | 8 | | shall certify pursuant to subsection (9) of
Section 11-74.4-8a | 9 | | the appropriate boundaries eligible for the
determination of | 10 | | State Sales Tax Increment.
| 11 | | (s) "State Sales Tax Increment" means an amount equal to | 12 | | the increase
in the aggregate amount of taxes paid by | 13 | | retailers and servicemen, other
than retailers and servicemen | 14 | | subject to the Public Utilities Act,
on transactions at places | 15 | | of business located within a State Sales Tax
Boundary pursuant | 16 | | to the Retailers' Occupation Tax Act, the Use Tax Act,
the | 17 | | Service Use Tax Act, and the Service Occupation Tax Act, | 18 | | except such
portion of such increase that is paid into the | 19 | | State and Local Sales Tax
Reform Fund, the Local Government | 20 | | Distributive Fund, the Local
Government Tax Fund and the | 21 | | County and Mass Transit District Fund, for as
long as State | 22 | | participation exists, over and above the Initial Sales Tax
| 23 | | Amounts, Adjusted Initial Sales Tax Amounts or the Revised | 24 | | Initial Sales
Tax Amounts for such taxes as certified by the | 25 | | Department of Revenue and
paid under those Acts by retailers | 26 | | and servicemen on transactions at places
of business located |
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| 1 | | within the State Sales Tax Boundary during the base
year which | 2 | | shall be the calendar year immediately prior to the year in
| 3 | | which the municipality adopted tax increment allocation | 4 | | financing, less
3.0% of such amounts generated under the | 5 | | Retailers' Occupation Tax Act, Use
Tax Act and Service Use Tax | 6 | | Act and the Service Occupation Tax Act, which
sum shall be | 7 | | appropriated to the Department of Revenue to cover its costs
| 8 | | of administering and enforcing this Section. For purposes of | 9 | | computing the
aggregate amount of such taxes for base years | 10 | | occurring prior to 1985, the
Department of Revenue shall | 11 | | compute the Initial Sales Tax Amount for such
taxes and deduct | 12 | | therefrom an amount equal to 4% of the aggregate amount of
| 13 | | taxes per year for each year the base year is prior to 1985, | 14 | | but not to
exceed a total deduction of 12%. The amount so | 15 | | determined shall be known
as the "Adjusted Initial Sales Tax | 16 | | Amount". For purposes of determining the
State Sales Tax | 17 | | Increment the Department of Revenue shall for each period
| 18 | | subtract from the tax amounts received from retailers and | 19 | | servicemen on
transactions located in the State Sales Tax | 20 | | Boundary, the certified Initial
Sales Tax Amounts, Adjusted | 21 | | Initial Sales Tax Amounts or Revised Initial
Sales Tax Amounts | 22 | | for the Retailers' Occupation Tax Act, the Use Tax Act,
the | 23 | | Service Use Tax Act and the Service Occupation Tax Act. For the | 24 | | State
Fiscal Year 1989 this calculation shall be made by | 25 | | utilizing the calendar
year 1987 to determine the tax amounts | 26 | | received. For the State Fiscal Year
1990, this calculation |
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| 1 | | shall be made by utilizing the period from January
1, 1988, | 2 | | until September 30, 1988, to determine the tax amounts | 3 | | received
from retailers and servicemen, which shall have | 4 | | deducted therefrom
nine-twelfths of the certified Initial | 5 | | Sales Tax Amounts, Adjusted Initial
Sales Tax Amounts or the | 6 | | Revised Initial Sales Tax Amounts as appropriate.
For the | 7 | | State Fiscal Year 1991, this calculation shall be made by | 8 | | utilizing
the period from October 1, 1988, until June 30, | 9 | | 1989, to determine the tax
amounts received from retailers and | 10 | | servicemen, which shall have
deducted therefrom nine-twelfths | 11 | | of the certified Initial State Sales Tax
Amounts, Adjusted | 12 | | Initial Sales Tax Amounts or the Revised Initial Sales
Tax | 13 | | Amounts as appropriate. For every State Fiscal Year | 14 | | thereafter, the
applicable period shall be the 12 months | 15 | | beginning July 1 and ending on
June 30, to determine the tax | 16 | | amounts received which shall have deducted
therefrom the | 17 | | certified Initial Sales Tax Amounts, Adjusted Initial Sales
| 18 | | Tax Amounts or the Revised Initial Sales Tax Amounts. | 19 | | Municipalities
intending to receive a distribution of State | 20 | | Sales Tax Increment must
report a list of retailers to the | 21 | | Department of Revenue by October 31, 1988
and by July 31, of | 22 | | each year thereafter.
| 23 | | (t) "Taxing districts" means counties, townships, cities | 24 | | and incorporated
towns and villages, school, road, park, | 25 | | sanitary, mosquito abatement, forest
preserve, public health, | 26 | | fire protection, river conservancy, tuberculosis
sanitarium |
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| 1 | | and any other municipal corporations or districts with the | 2 | | power
to levy taxes.
| 3 | | (u) "Taxing districts' capital costs" means those costs of | 4 | | taxing districts
for capital improvements that are found by | 5 | | the municipal corporate authorities
to be necessary and | 6 | | directly result from the redevelopment project.
| 7 | | (v) As used in subsection (a) of Section 11-74.4-3 of this
| 8 | | Act, "vacant
land" means any parcel or combination of parcels | 9 | | of real property without
industrial, commercial, and | 10 | | residential buildings which has not been used
for commercial | 11 | | agricultural purposes within 5 years prior to the
designation | 12 | | of the redevelopment project area, unless the parcel
is | 13 | | included in an industrial park conservation area or the parcel | 14 | | has
been subdivided; provided that if the parcel was part of a | 15 | | larger tract that
has been divided into 3 or more smaller | 16 | | tracts that were accepted for
recording during the period from | 17 | | 1950 to 1990, then the parcel shall be deemed
to have been | 18 | | subdivided, and all proceedings and actions of the | 19 | | municipality
taken in that connection with respect to any | 20 | | previously approved or designated
redevelopment project area | 21 | | or amended redevelopment project area are hereby
validated and | 22 | | hereby declared to be legally sufficient for all purposes of | 23 | | this
Act.
For purposes of this Section and only for land | 24 | | subject to
the subdivision requirements of the Plat Act, land | 25 | | is subdivided when the
original plat of
the proposed | 26 | | Redevelopment Project Area or relevant portion thereof has
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| 1 | | been
properly certified, acknowledged, approved, and recorded | 2 | | or filed in accordance
with the Plat Act and a preliminary | 3 | | plat, if any, for any subsequent phases of
the
proposed | 4 | | Redevelopment Project Area or relevant portion thereof has | 5 | | been
properly approved and filed in accordance with the | 6 | | applicable ordinance of the
municipality.
| 7 | | (w) "Annual Total Increment" means the sum of each | 8 | | municipality's
annual Net Sales Tax Increment and each | 9 | | municipality's annual Net Utility
Tax Increment. The ratio of | 10 | | the Annual Total Increment of each
municipality to the Annual | 11 | | Total Increment for all municipalities, as most
recently | 12 | | calculated by the Department, shall determine the proportional
| 13 | | shares of the Illinois Tax Increment Fund to be distributed to | 14 | | each
municipality.
| 15 | | (x) "LEED certified" means any certification level of | 16 | | construction elements by a qualified Leadership in Energy and | 17 | | Environmental Design Accredited Professional as determined by | 18 | | the U.S. Green Building Council. | 19 | | (y) "Green Globes certified" means any certification level | 20 | | of construction elements by a qualified Green Globes | 21 | | Professional as determined by the Green Building Initiative. | 22 | | (Source: P.A. 102-627, eff. 8-27-21.)
| 23 | | Section 95. No acceleration or delay. Where this Act makes | 24 | | changes in a statute that is represented in this Act by text | 25 | | that is not yet or no longer in effect (for example, a Section |
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| 1 | | represented by multiple versions), the use of that text does | 2 | | not accelerate or delay the taking effect of (i) the changes | 3 | | made by this Act or (ii) provisions derived from any other | 4 | | Public Act. | 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.".
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