(65 ILCS 5/11-74.3-6) (Text of Section before amendment by P.A. 103-592 ) Sec. 11-74.3-6. Business district revenue and obligations; business district tax allocation fund. (a) If the corporate authorities of a municipality have approved a business district plan, have designated a business district, and have elected to impose a tax by ordinance pursuant to subsection (10) or (11) of Section 11-74.3-3, then each year after the date of the approval of the ordinance but terminating upon the date all business district project costs and all obligations paying or reimbursing business district project costs, if any, have been paid, but in no event later than the dissolution date, all amounts generated by the retailers' occupation tax and service occupation tax shall be collected and the tax shall be enforced by the Department of Revenue in the same manner as all retailers' occupation taxes and service occupation taxes imposed in the municipality imposing the tax and all amounts generated by the hotel operators' occupation tax shall be collected and the tax shall be enforced by the municipality in the same manner as all hotel operators' occupation taxes imposed in the municipality imposing the tax. The corporate authorities of the municipality shall deposit the proceeds of the taxes imposed under subsections (10) and (11) of Section 11-74.3-3 into a special fund of the municipality called the "[Name of] Business District Tax Allocation Fund" for the purpose of paying or reimbursing business district project costs and obligations incurred in the payment of those costs. (b) The corporate authorities of a municipality that has designated a business district under this Law may, by ordinance, impose a Business District Retailers' Occupation Tax upon all persons engaged in the business of selling tangible personal property, other than an item of tangible personal property titled or registered with an agency of this State's government, at retail in the business district at a rate not to exceed 1% of the gross receipts from the sales made in the course of such business, to be imposed only in 0.25% increments. The tax may not be imposed on tangible personal property taxed at the rate of 1% under the Retailers' Occupation Tax Act (or at the 0% rate imposed under this amendatory Act of the 102nd General Assembly). Beginning December 1, 2019 and through December 31, 2020, this tax is not imposed on sales of aviation fuel unless the tax revenue is expended for airport-related purposes. If the District does not have an airport-related purpose to which it dedicates aviation fuel tax revenue, then aviation fuel is excluded from the tax. Each municipality must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Section, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. Beginning January 1, 2021, this tax is not imposed on sales of aviation fuel for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the District. The tax imposed under this subsection and all civil penalties that may be assessed as an incident thereof shall be collected and enforced by the Department of Revenue. The certificate of registration that is issued by the Department to a retailer under the Retailers' Occupation Tax Act shall permit the retailer to engage in a business that is taxable under any ordinance or resolution enacted pursuant to this subsection without registering separately with the Department under such ordinance or resolution or under this subsection. The Department of Revenue shall have full power to administer and enforce this subsection; to collect all taxes and penalties due under this subsection in the manner hereinafter provided; and to determine all rights to credit memoranda arising on account of the erroneous payment of tax or penalty under this subsection. In the administration of, and compliance with, this subsection, the Department and persons who are subject to this subsection shall have the same rights, remedies, privileges, immunities, powers and duties, and be subject to the same conditions, restrictions, limitations, penalties, exclusions, exemptions, and definitions of terms and employ the same modes of procedure, as are prescribed in Sections 1, 1a through 1o, 2 through 2-65 (in respect to all provisions therein other than the State rate of tax), 2c through 2h, 3 (except as to the disposition of taxes and penalties collected, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 4, 5, 5a, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 12, 13, and 14 of the Retailers' Occupation Tax Act and all provisions of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth herein. Persons subject to any tax imposed under this subsection may reimburse themselves for their seller's tax liability under this subsection by separately stating the tax as an additional charge, which charge may be stated in combination, in a single amount, with State taxes that sellers are required to collect under the Use Tax Act, in accordance with such bracket schedules as the Department may prescribe. Whenever the Department determines that a refund should be made under this subsection to a claimant instead of issuing a credit memorandum, the Department shall notify the State Comptroller, who shall cause the order to be drawn for the amount specified and to the person named in the notification from the Department. The refund shall be paid by the State Treasurer out of the business district retailers' occupation tax fund or the Local Government Aviation Trust Fund, as appropriate. Except as otherwise provided in this paragraph, the Department shall immediately pay over to the State Treasurer, ex officio, as trustee, all taxes, penalties, and interest collected under this subsection for deposit into the business district retailers' occupation tax fund. Taxes and penalties collected on aviation fuel sold on or after December 1, 2019, shall be immediately paid over by the Department to the State Treasurer, ex officio, as trustee, for deposit into the Local Government Aviation Trust Fund. The Department shall only pay moneys into the Local Government Aviation Trust Fund under this Section for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the District. As soon as possible after the first day of each month, beginning January 1, 2011, upon certification of the Department of Revenue, the Comptroller shall order transferred, and the Treasurer shall transfer, to the STAR Bonds Revenue Fund the local sales tax increment, as defined in the Innovation Development and Economy Act, collected under this subsection during the second preceding calendar month for sales within a STAR bond district. After the monthly transfer to the STAR Bonds Revenue Fund, on or before the 25th day of each calendar month, the Department shall prepare and certify to the Comptroller the disbursement of stated sums of money to named municipalities from the business district retailers' occupation tax fund, the municipalities to be those from which retailers have paid taxes or penalties under this subsection to the Department during the second preceding calendar month. The amount to be paid to each municipality shall be the amount (not including credit memoranda and not including taxes and penalties collected on aviation fuel sold on or after December 1, 2019) collected under this subsection during the second preceding calendar month by the Department plus an amount the Department determines is necessary to offset any amounts that were erroneously paid to a different taxing body, and not including an amount equal to the amount of refunds made during the second preceding calendar month by the Department, less 2% of that amount (except the amount collected on aviation fuel sold on or after December 1, 2019), which shall be deposited into the Tax Compliance and Administration Fund and shall be used by the Department, subject to appropriation, to cover the costs of the Department in administering and enforcing the provisions of this subsection, on behalf of such municipality, and not including any amount that the Department determines is necessary to offset any amounts that were payable to a different taxing body but were erroneously paid to the municipality, and not including any amounts that are transferred to the STAR Bonds Revenue Fund. Within 10 days after receipt by the Comptroller of the disbursement certification to the municipalities provided for in this subsection to be given to the Comptroller by the Department, the Comptroller shall cause the orders to be drawn for the respective amounts in accordance with the directions contained in the certification. The proceeds of the tax paid to municipalities under this subsection shall be deposited into the Business District Tax Allocation Fund by the municipality.
An ordinance imposing or discontinuing the tax under this subsection or effecting a change in the rate thereof shall either (i) be adopted and a certified copy thereof filed with the Department on or before the first day of April, whereupon the Department, if all other requirements of this subsection are met, shall proceed to administer and enforce this subsection as of the first day of July next following the adoption and filing; or (ii) be adopted and a certified copy thereof filed with the Department on or before the first day of October, whereupon, if all other requirements of this subsection are met, the Department shall proceed to administer and enforce this subsection as of the first day of January next following the adoption and filing. The Department of Revenue shall not administer or enforce an ordinance imposing, discontinuing, or changing the rate of the tax under this subsection, until the municipality also provides, in the manner prescribed by the Department, the boundaries of the business district and each address in the business district in such a way that the Department can determine by its address whether a business is located in the business district. The municipality must provide this boundary and address information to the Department on or before April 1 for administration and enforcement of the tax under this subsection by the Department beginning on the following July 1 and on or before October 1 for administration and enforcement of the tax under this subsection by the Department beginning on the following January 1. The Department of Revenue shall not administer or enforce any change made to the boundaries of a business district or address change, addition, or deletion until the municipality reports the boundary change or address change, addition, or deletion to the Department in the manner prescribed by the Department. The municipality must provide this boundary change information or address change, addition, or deletion to the Department on or before April 1 for administration and enforcement by the Department of the change beginning on the following July 1 and on or before October 1 for administration and enforcement by the Department of the change beginning on the following January 1. The retailers in the business district shall be responsible for charging the tax imposed under this subsection. If a retailer is incorrectly included or excluded from the list of those required to collect the tax under this subsection, both the Department of Revenue and the retailer shall be held harmless if they reasonably relied on information provided by the municipality. A municipality that imposes the tax under this subsection must submit to the Department of Revenue any other information as the Department may require for the administration and enforcement of the tax.
When certifying the amount of a monthly disbursement to a municipality under this subsection, the Department shall increase or decrease the amount by an amount necessary to offset any misallocation of previous disbursements. The offset amount shall be the amount erroneously disbursed within the previous 6 months from the time a misallocation is discovered. Nothing in this subsection shall be construed to authorize the municipality to impose a tax upon the privilege of engaging in any business which under the Constitution of the United States may not be made the subject of taxation by this State. If a tax is imposed under this subsection (b), a tax shall also be imposed under subsection (c) of this Section. (c) If a tax has been imposed under subsection (b), a Business District Service Occupation Tax shall also be imposed upon all persons engaged, in the business district, in the business of making sales of service, who, as an incident to making those sales of service, transfer tangible personal property within the business district, either in the form of tangible personal property or in the form of real estate as an incident to a sale of service. The tax shall be imposed at the same rate as the tax imposed in subsection (b) and shall not exceed 1% of the selling price of tangible personal property so transferred within the business district, to be imposed only in 0.25% increments. The tax may not be imposed on tangible personal property taxed at the 1% rate under the Service Occupation Tax Act (or at the 0% rate imposed under this amendatory Act of the 102nd General Assembly). Beginning December 1, 2019, this tax is not imposed on sales of aviation fuel unless the tax revenue is expended for airport-related purposes. If the District does not have an airport-related purpose to which it dedicates aviation fuel tax revenue, then aviation fuel is excluded from the tax. Each municipality must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Act, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. Beginning January 1, 2021, this tax is not imposed on sales of aviation fuel for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the District. The tax imposed under this subsection and all civil penalties that may be assessed as an incident thereof shall be collected and enforced by the Department of Revenue. The certificate of registration which is issued by the Department to a retailer under the Retailers' Occupation Tax Act or under the Service Occupation Tax Act shall permit such registrant to engage in a business which is taxable under any ordinance or resolution enacted pursuant to this subsection without registering separately with the Department under such ordinance or resolution or under this subsection. The Department of Revenue shall have full power to administer and enforce this subsection; to collect all taxes and penalties due under this subsection; to dispose of taxes and penalties so collected in the manner hereinafter provided; and to determine all rights to credit memoranda arising on account of the erroneous payment of tax or penalty under this subsection. In the administration of, and compliance with this subsection, the Department and persons who are subject to this subsection shall have the same rights, remedies, privileges, immunities, powers and duties, and be subject to the same conditions, restrictions, limitations, penalties, exclusions, exemptions, and definitions of terms and employ the same modes of procedure as are prescribed in Sections 2, 2a through 2d, 3 through 3-50 (in respect to all provisions therein other than the State rate of tax), 4 (except that the reference to the State shall be to the business district), 5, 7, 8 (except that the jurisdiction to which the tax shall be a debt to the extent indicated in that Section 8 shall be the municipality), 9 (except as to the disposition of taxes and penalties collected, and except that the returned merchandise credit for this tax may not be taken against any State tax, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 10, 11, 12 (except the reference therein to Section 2b of the Retailers' Occupation Tax Act), 13 (except that any reference to the State shall mean the municipality), the first paragraph of Section 15, and Sections 16, 17, 18, 19 and 20 of the Service Occupation Tax Act and all provisions of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth herein. Persons subject to any tax imposed under the authority granted in this subsection may reimburse themselves for their serviceman's tax liability hereunder by separately stating the tax as an additional charge, which charge may be stated in combination, in a single amount, with State tax that servicemen are authorized to collect under the Service Use Tax Act, in accordance with such bracket schedules as the Department may prescribe. Whenever the Department determines that a refund should be made under this subsection to a claimant instead of issuing credit memorandum, the Department shall notify the State Comptroller, who shall cause the order to be drawn for the amount specified, and to the person named, in such notification from the Department. Such refund shall be paid by the State Treasurer out of the business district retailers' occupation tax fund or the Local Government Aviation Trust Fund, as appropriate. Except as otherwise provided in this paragraph, the Department shall forthwith pay over to the State Treasurer, ex-officio, as trustee, all taxes, penalties, and interest collected under this subsection for deposit into the business district retailers' occupation tax fund. Taxes and penalties collected on aviation fuel sold on or after December 1, 2019, shall be immediately paid over by the Department to the State Treasurer, ex officio, as trustee, for deposit into the Local Government Aviation Trust Fund. The Department shall only pay moneys into the Local Government Aviation Trust Fund under this Section for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the District. As soon as possible after the first day of each month, beginning January 1, 2011, upon certification of the Department of Revenue, the Comptroller shall order transferred, and the Treasurer shall transfer, to the STAR Bonds Revenue Fund the local sales tax increment, as defined in the Innovation Development and Economy Act, collected under this subsection during the second preceding calendar month for sales within a STAR bond district. After the monthly transfer to the STAR Bonds Revenue Fund, on or before the 25th day of each calendar month, the Department shall prepare and certify to the Comptroller the disbursement of stated sums of money to named municipalities from the business district retailers' occupation tax fund, the municipalities to be those from which suppliers and servicemen have paid taxes or penalties under this subsection to the Department during the second preceding calendar month. The amount to be paid to each municipality shall be the amount (not including credit memoranda and not including taxes and penalties collected on aviation fuel sold on or after December 1, 2019) collected under this subsection during the second preceding calendar month by the Department, less 2% of that amount (except the amount collected on aviation fuel sold on or after December 1, 2019), which shall be deposited into the Tax Compliance and Administration Fund and shall be used by the Department, subject to appropriation, to cover the costs of the Department in administering and enforcing the provisions of this subsection, and not including an amount equal to the amount of refunds made during the second preceding calendar month by the Department on behalf of such municipality, and not including any amounts that are transferred to the STAR Bonds Revenue Fund. Within 10 days after receipt, by the Comptroller, of the disbursement certification to the municipalities, provided for in this subsection to be given to the Comptroller by the Department, the Comptroller shall cause the orders to be drawn for the respective amounts in accordance with the directions contained in such certification. The proceeds of the tax paid to municipalities under this subsection shall be deposited into the Business District Tax Allocation Fund by the municipality. An ordinance imposing or discontinuing the tax under this subsection or effecting a change in the rate thereof shall either (i) be adopted and a certified copy thereof filed with the Department on or before the first day of April, whereupon the Department, if all other requirements of this subsection are met, shall proceed to administer and enforce this subsection as of the first day of July next following the adoption and filing; or (ii) be adopted and a certified copy thereof filed with the Department on or before the first day of October, whereupon, if all other conditions of this subsection are met, the Department shall proceed to administer and enforce this subsection as of the first day of January next following the adoption and filing. The Department of Revenue shall not administer or enforce an ordinance imposing, discontinuing, or changing the rate of the tax under this subsection, until the municipality also provides, in the manner prescribed by the Department, the boundaries of the business district in such a way that the Department can determine by its address whether a business is located in the business district. The municipality must provide this boundary and address information to the Department on or before April 1 for administration and enforcement of the tax under this subsection by the Department beginning on the following July 1 and on or before October 1 for administration and enforcement of the tax under this subsection by the Department beginning on the following January 1. The Department of Revenue shall not administer or enforce any change made to the boundaries of a business district or address change, addition, or deletion until the municipality reports the boundary change or address change, addition, or deletion to the Department in the manner prescribed by the Department. The municipality must provide this boundary change information or address change, addition, or deletion to the Department on or before April 1 for administration and enforcement by the Department of the change beginning on the following July 1 and on or before October 1 for administration and enforcement by the Department of the change beginning on the following January 1. The retailers in the business district shall be responsible for charging the tax imposed under this subsection. If a retailer is incorrectly included or excluded from the list of those required to collect the tax under this subsection, both the Department of Revenue and the retailer shall be held harmless if they reasonably relied on information provided by the municipality. A municipality that imposes the tax under this subsection must submit to the Department of Revenue any other information as the Department may require for the administration and enforcement of the tax.
Nothing in this subsection shall be construed to authorize the municipality to impose a tax upon the privilege of engaging in any business which under the Constitution of the United States may not be made the subject of taxation by the State. If a tax is imposed under this subsection (c), a tax shall also be imposed under subsection (b) of this Section. (d) By ordinance, a municipality that has designated a business district under this Law may impose an occupation tax upon all persons engaged in the business district in the business of renting, leasing, or letting rooms in a hotel, as defined in the Hotel Operators' Occupation Tax Act, at a rate not to exceed 1% of the gross rental receipts from the renting, leasing, or letting of hotel rooms within the business district, to be imposed only in 0.25% increments, excluding, however, from gross rental receipts the proceeds of renting, leasing, or letting to permanent residents of a hotel, as defined in the Hotel Operators' Occupation Tax Act, and proceeds from the tax imposed under subsection (c) of Section 13 of the Metropolitan Pier and Exposition Authority Act. The tax imposed by the municipality under this subsection and all civil penalties that may be assessed as an incident to that tax shall be collected and enforced by the municipality imposing the tax. The municipality shall have full power to administer and enforce this subsection, to collect all taxes and penalties due under this subsection, to dispose of taxes and penalties so collected in the manner provided in this subsection, and to determine all rights to credit memoranda arising on account of the erroneous payment of tax or penalty under this subsection. In the administration of and compliance with this subsection, the municipality and persons who are subject to this subsection shall have the same rights, remedies, privileges, immunities, powers, and duties, shall be subject to the same conditions, restrictions, limitations, penalties, and definitions of terms, and shall employ the same modes of procedure as are employed with respect to a tax adopted by the municipality under Section 8-3-14 of this Code. Persons subject to any tax imposed under the authority granted in this subsection may reimburse themselves for their tax liability for that tax by separately stating that tax as an additional charge, which charge may be stated in combination, in a single amount, with State taxes imposed under the Hotel Operators' Occupation Tax Act, and with any other tax. Nothing in this subsection shall be construed to authorize a municipality to impose a tax upon the privilege of engaging in any business which under the Constitution of the United States may not be made the subject of taxation by this State. The proceeds of the tax imposed under this subsection shall be deposited into the Business District Tax Allocation Fund.
(e) Obligations secured by the Business District Tax Allocation Fund may be issued to provide for the payment or reimbursement of business district project costs. Those obligations, when so issued, shall be retired in the manner provided in the ordinance authorizing the issuance of those obligations by the receipts of taxes imposed pursuant to subsections (10) and (11) of Section 11-74.3-3 and by other revenue designated or pledged by the municipality. A municipality may in the ordinance pledge, for any period of time up to and including the dissolution date, all or any part of the funds in and to be deposited in the Business District Tax Allocation Fund to the payment of business district project costs and obligations. Whenever a municipality pledges all of the funds to the credit of a business district tax allocation fund to secure obligations issued or to be issued to pay or reimburse business district project costs, the municipality may specifically provide that funds remaining to the credit of such business district tax allocation fund after the payment of such obligations shall be accounted for annually and shall be deemed to be "surplus" funds, and such "surplus" funds shall be expended by the municipality for any business district project cost as approved in the business district plan. Whenever a municipality pledges less than all of the monies to the credit of a business district tax allocation fund to secure obligations issued or to be issued to pay or reimburse business district project costs, the municipality shall provide that monies to the credit of the business district tax allocation fund and not subject to such pledge or otherwise encumbered or required for payment of contractual obligations for specific business district project costs shall be calculated annually and shall be deemed to be "surplus" funds, and such "surplus" funds shall be expended by the municipality for any business district project cost as approved in the business district plan. No obligation issued pursuant to this Law and secured by a pledge of all or any portion of any revenues received or to be received by the municipality from the imposition of taxes pursuant to subsection (10) of Section 11-74.3-3, shall be deemed to constitute an economic incentive agreement under Section 8-11-20, notwithstanding the fact that such pledge provides for the sharing, rebate, or payment of retailers' occupation taxes or service occupation taxes imposed pursuant to subsection (10) of Section 11-74.3-3 and received or to be received by the municipality from the development or redevelopment of properties in the business district. Without limiting the foregoing in this Section, the municipality may further secure obligations secured by the business district tax allocation fund with a pledge, for a period not greater than the term of the obligations and in any case not longer than the dissolution date, of any part or any combination of the following: (i) net revenues of all or part of any business district project; (ii) taxes levied or imposed by the municipality on any or all property in the municipality, including, specifically, taxes levied or imposed by the municipality in a special service area pursuant to the Special Service Area Tax Law; (iii) the full faith and credit of the municipality; (iv) a mortgage on part or all of the business district project; or (v) any other taxes or anticipated receipts that the municipality may lawfully pledge. Such obligations may be issued in one or more series, bear such date or dates, become due at such time or times as therein provided, but in any case not later than (i) 20 years after the date of issue or (ii) the dissolution date, whichever is earlier, bear interest payable at such intervals and at such rate or rates as set forth therein, except as may be limited by applicable law, which rate or rates may be fixed or variable, be in such denominations, be in such form, either coupon, registered, or book-entry, carry such conversion, registration and exchange privileges, be subject to defeasance upon such terms, have such rank or priority, be executed in such manner, be payable in such medium or payment at such place or places within or without the State, make provision for a corporate trustee within or without the State with respect to such obligations, prescribe the rights, powers, and duties thereof to be exercised for the benefit of the municipality and the benefit of the owners of such obligations, provide for the holding in trust, investment, and use of moneys, funds, and accounts held under an ordinance, provide for assignment of and direct payment of the moneys to pay such obligations or to be deposited into such funds or accounts directly to such trustee, be subject to such terms of redemption with or without premium, and be sold at such price, all as the corporate authorities shall determine. No referendum approval of the electors shall be required as a condition to the issuance of obligations pursuant to this Law except as provided in this Section. In the event the municipality authorizes the issuance of obligations pursuant to the authority of this Law secured by the full faith and credit of the municipality, or pledges ad valorem taxes pursuant to this subsection, which obligations are other than obligations which may be issued under home rule powers provided by Section 6 of Article VII of the Illinois Constitution or which ad valorem taxes are other than ad valorem taxes which may be pledged under home rule powers provided by Section 6 of Article VII of the Illinois Constitution or which are levied in a special service area pursuant to the Special Service Area Tax Law, the ordinance authorizing the issuance of those obligations or pledging those taxes shall be published within 10 days after the ordinance has been adopted, in a newspaper having a general circulation within the municipality. The publication of the ordinance shall be accompanied by a notice of (i) the specific number of voters required to sign a petition requesting the question of the issuance of the obligations or pledging such ad valorem taxes to be submitted to the electors; (ii) the time within which the petition must be filed; and (iii) the date of the prospective referendum. The municipal clerk shall provide a petition form to any individual requesting one. If no petition is filed with the municipal clerk, as hereinafter provided in this Section, within 21 days after the publication of the ordinance, the ordinance shall be in effect. However, if within that 21-day period a petition is filed with the municipal clerk, signed by electors numbering not less than 15% of the number of electors voting for the mayor or president at the last general municipal election, asking that the question of issuing obligations using full faith and credit of the municipality as security for the cost of paying or reimbursing business district project costs, or of pledging such ad valorem taxes for the payment of those obligations, or both, be submitted to the electors of the municipality, the municipality shall not be authorized to issue obligations of the municipality using the full faith and credit of the municipality as security or pledging such ad valorem taxes for the payment of those obligations, or both, until the proposition has been submitted to and approved by a majority of the voters voting on the proposition at a regularly scheduled election. The municipality shall certify the proposition to the proper election authorities for submission in accordance with the general election law. The ordinance authorizing the obligations may provide that the obligations shall contain a recital that they are issued pursuant to this Law, which recital shall be conclusive evidence of their validity and of the regularity of their issuance. In the event the municipality authorizes issuance of obligations pursuant to this Law secured by the full faith and credit of the municipality, the ordinance authorizing the obligations may provide for the levy and collection of a direct annual tax upon all taxable property within the municipality sufficient to pay the principal thereof and interest thereon as it matures, which levy may be in addition to and exclusive of the maximum of all other taxes authorized to be levied by the municipality, which levy, however, shall be abated to the extent that monies from other sources are available for payment of the obligations and the municipality certifies the amount of those monies available to the county clerk. A certified copy of the ordinance shall be filed with the county clerk of each county in which any portion of the municipality is situated, and shall constitute the authority for the extension and collection of the taxes to be deposited in the business district tax allocation fund. A municipality may also issue its obligations to refund, in whole or in part, obligations theretofore issued by the municipality under the authority of this Law, whether at or prior to maturity. However, the last maturity of the refunding obligations shall not be expressed to mature later than the dissolution date. In the event a municipality issues obligations under home rule powers or other legislative authority, the proceeds of which are pledged to pay or reimburse business district project costs, the municipality may, if it has followed the procedures in conformance with this Law, retire those obligations from funds in the business district tax allocation fund in amounts and in such manner as if those obligations had been issued pursuant to the provisions of this Law. No obligations issued pursuant to this Law shall be regarded as indebtedness of the municipality issuing those obligations or any other taxing district for the purpose of any limitation imposed by law. Obligations issued pursuant to this Law shall not be subject to the provisions of the Bond Authorization Act. (f) When business district project costs, including, without limitation, all obligations paying or reimbursing business district project costs have been paid, any surplus funds then remaining in the Business District Tax Allocation Fund shall be distributed to the municipal treasurer for deposit into the general corporate fund of the municipality. Upon payment of all business district project costs and retirement of all obligations paying or reimbursing business district project costs, but in no event more than 23 years after the date of adoption of the ordinance imposing taxes pursuant to subsection (10) or (11) of Section 11-74.3-3, the municipality shall adopt an ordinance immediately rescinding the taxes imposed pursuant to subsection (10) or (11) of Section 11-74.3-3.
(Source: P.A. 101-10, eff. 6-5-19; 101-604, eff. 12-13-19; 102-700, eff. 4-19-22.) (Text of Section after amendment by P.A. 103-592 ) Sec. 11-74.3-6. Business district revenue and obligations; business district tax allocation fund. (a) If the corporate authorities of a municipality have approved a business district plan, have designated a business district, and have elected to impose a tax by ordinance pursuant to subsection (10) or (11) of Section 11-74.3-3, then each year after the date of the approval of the ordinance but terminating upon the date all business district project costs and all obligations paying or reimbursing business district project costs, if any, have been paid, but in no event later than the dissolution date, all amounts generated by the retailers' occupation tax and service occupation tax shall be collected and the tax shall be enforced by the Department of Revenue in the same manner as all retailers' occupation taxes and service occupation taxes imposed in the municipality imposing the tax and all amounts generated by the hotel operators' occupation tax shall be collected and the tax shall be enforced by the municipality in the same manner as all hotel operators' occupation taxes imposed in the municipality imposing the tax. The corporate authorities of the municipality shall deposit the proceeds of the taxes imposed under subsections (10) and (11) of Section 11-74.3-3 into a special fund of the municipality called the "[Name of] Business District Tax Allocation Fund" for the purpose of paying or reimbursing business district project costs and obligations incurred in the payment of those costs. (b) The corporate authorities of a municipality that has designated a business district under this Law may, by ordinance, impose a Business District Retailers' Occupation Tax upon all persons engaged in the business of selling tangible personal property, other than an item of tangible personal property titled or registered with an agency of this State's government, at retail in the business district at a rate not to exceed 1% of the gross receipts from the sales made in the course of such business, to be imposed only in 0.25% increments. The tax may not be imposed on tangible personal property taxed at the rate of 1% under the Retailers' Occupation Tax Act (or at the 0% rate imposed under this amendatory Act of the 102nd General Assembly). Beginning December 1, 2019 and through December 31, 2020, this tax is not imposed on sales of aviation fuel unless the tax revenue is expended for airport-related purposes. If the District does not have an airport-related purpose to which it dedicates aviation fuel tax revenue, then aviation fuel is excluded from the tax. Each municipality must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Section, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. Beginning January 1, 2021, this tax is not imposed on sales of aviation fuel for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the District. The tax imposed under this subsection and all civil penalties that may be assessed as an incident thereof shall be collected and enforced by the Department of Revenue. The certificate of registration that is issued by the Department to a retailer under the Retailers' Occupation Tax Act shall permit the retailer to engage in a business that is taxable under any ordinance or resolution enacted pursuant to this subsection without registering separately with the Department under such ordinance or resolution or under this subsection. The Department of Revenue shall have full power to administer and enforce this subsection; to collect all taxes and penalties due under this subsection in the manner hereinafter provided; and to determine all rights to credit memoranda arising on account of the erroneous payment of tax or penalty under this subsection. In the administration of, and compliance with, this subsection, the Department and persons who are subject to this subsection shall have the same rights, remedies, privileges, immunities, powers and duties, and be subject to the same conditions, restrictions, limitations, penalties, exclusions, exemptions, and definitions of terms and employ the same modes of procedure, as are prescribed in Sections 1, 1a through 1o, 2 through 2-65 (in respect to all provisions therein other than the State rate of tax), 2c through 2h, 3 (except as to the disposition of taxes and penalties collected, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 4, 5, 5a, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 12, 13, and 14 of the Retailers' Occupation Tax Act and all provisions of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth herein. Persons subject to any tax imposed under this subsection may reimburse themselves for their seller's tax liability under this subsection by separately stating the tax as an additional charge, which charge may be stated in combination, in a single amount, with State taxes that sellers are required to collect under the Use Tax Act, in accordance with such bracket schedules as the Department may prescribe. Whenever the Department determines that a refund should be made under this subsection to a claimant instead of issuing a credit memorandum, the Department shall notify the State Comptroller, who shall cause the order to be drawn for the amount specified and to the person named in the notification from the Department. The refund shall be paid by the State Treasurer out of the business district retailers' occupation tax fund or the Local Government Aviation Trust Fund, as appropriate. Except as otherwise provided in this paragraph, the Department shall immediately pay over to the State Treasurer, ex officio, as trustee, all taxes, penalties, and interest collected under this subsection for deposit into the business district retailers' occupation tax fund. Taxes and penalties collected on aviation fuel sold on or after December 1, 2019, shall be immediately paid over by the Department to the State Treasurer, ex officio, as trustee, for deposit into the Local Government Aviation Trust Fund. The Department shall only pay moneys into the Local Government Aviation Trust Fund under this Section for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the District. As soon as possible after the first day of each month, beginning January 1, 2011, upon certification of the Department of Revenue, the Comptroller shall order transferred, and the Treasurer shall transfer, to the STAR Bonds Revenue Fund the local sales tax increment, as defined in the Innovation Development and Economy Act, collected under this subsection during the second preceding calendar month for sales within a STAR bond district. After the monthly transfer to the STAR Bonds Revenue Fund, on or before the 25th day of each calendar month, the Department shall prepare and certify to the Comptroller the disbursement of stated sums of money to named municipalities from the business district retailers' occupation tax fund, the municipalities to be those from which retailers have paid taxes or penalties under this subsection to the Department during the second preceding calendar month. The amount to be paid to each municipality shall be the amount (not including credit memoranda and not including taxes and penalties collected on aviation fuel sold on or after December 1, 2019) collected under this subsection during the second preceding calendar month by the Department plus an amount the Department determines is necessary to offset any amounts that were erroneously paid to a different taxing body, and not including an amount equal to the amount of refunds made during the second preceding calendar month by the Department, less 2% of that amount (except the amount collected on aviation fuel sold on or after December 1, 2019), which shall be deposited into the Tax Compliance and Administration Fund and shall be used by the Department, subject to appropriation, to cover the costs of the Department in administering and enforcing the provisions of this subsection, on behalf of such municipality, and not including any amount that the Department determines is necessary to offset any amounts that were payable to a different taxing body but were erroneously paid to the municipality, and not including any amounts that are transferred to the STAR Bonds Revenue Fund. Within 10 days after receipt by the Comptroller of the disbursement certification to the municipalities provided for in this subsection to be given to the Comptroller by the Department, the Comptroller shall cause the orders to be drawn for the respective amounts in accordance with the directions contained in the certification. The proceeds of the tax paid to municipalities under this subsection shall be deposited into the Business District Tax Allocation Fund by the municipality. An ordinance imposing or discontinuing the tax under this subsection or effecting a change in the rate thereof shall either (i) be adopted and a certified copy thereof filed with the Department on or before the first day of April, whereupon the Department, if all other requirements of this subsection are met, shall proceed to administer and enforce this subsection as of the first day of July next following the adoption and filing; or (ii) be adopted and a certified copy thereof filed with the Department on or before the first day of October, whereupon, if all other requirements of this subsection are met, the Department shall proceed to administer and enforce this subsection as of the first day of January next following the adoption and filing. The Department of Revenue shall not administer or enforce an ordinance imposing, discontinuing, or changing the rate of the tax under this subsection, until the municipality also provides, in the manner prescribed by the Department, the boundaries of the business district and each address in the business district in such a way that the Department can determine by its address whether a business is located in the business district. The municipality must provide this boundary and address information to the Department on or before April 1 for administration and enforcement of the tax under this subsection by the Department beginning on the following July 1 and on or before October 1 for administration and enforcement of the tax under this subsection by the Department beginning on the following January 1. The Department of Revenue shall not administer or enforce any change made to the boundaries of a business district or address change, addition, or deletion until the municipality reports the boundary change or address change, addition, or deletion to the Department in the manner prescribed by the Department. The municipality must provide this boundary change information or address change, addition, or deletion to the Department on or before April 1 for administration and enforcement by the Department of the change beginning on the following July 1 and on or before October 1 for administration and enforcement by the Department of the change beginning on the following January 1. The retailers in the business district shall be responsible for charging the tax imposed under this subsection. If a retailer is incorrectly included or excluded from the list of those required to collect the tax under this subsection, both the Department of Revenue and the retailer shall be held harmless if they reasonably relied on information provided by the municipality. A municipality that imposes the tax under this subsection must submit to the Department of Revenue any other information as the Department may require for the administration and enforcement of the tax. When certifying the amount of a monthly disbursement to a municipality under this subsection, the Department shall increase or decrease the amount by an amount necessary to offset any misallocation of previous disbursements. The offset amount shall be the amount erroneously disbursed within the previous 6 months from the time a misallocation is discovered. Nothing in this subsection shall be construed to authorize the municipality to impose a tax upon the privilege of engaging in any business which under the Constitution of the United States may not be made the subject of taxation by this State. If a tax is imposed under this subsection (b), a tax shall also be imposed under subsection (c) of this Section. (c) If a tax has been imposed under subsection (b), a Business District Service Occupation Tax shall also be imposed upon all persons engaged, in the business district, in the business of making sales of service, who, as an incident to making those sales of service, transfer tangible personal property within the business district, either in the form of tangible personal property or in the form of real estate as an incident to a sale of service. The tax shall be imposed at the same rate as the tax imposed in subsection (b) and shall not exceed 1% of the selling price of tangible personal property so transferred within the business district, to be imposed only in 0.25% increments. The tax may not be imposed on tangible personal property taxed at the 1% rate under the Service Occupation Tax Act (or at the 0% rate imposed under this amendatory Act of the 102nd General Assembly). Beginning December 1, 2019, this tax is not imposed on sales of aviation fuel unless the tax revenue is expended for airport-related purposes. If the District does not have an airport-related purpose to which it dedicates aviation fuel tax revenue, then aviation fuel is excluded from the tax. Each municipality must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Act, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. Beginning January 1, 2021, this tax is not imposed on sales of aviation fuel for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the District. The tax imposed under this subsection and all civil penalties that may be assessed as an incident thereof shall be collected and enforced by the Department of Revenue. The certificate of registration which is issued by the Department to a retailer under the Retailers' Occupation Tax Act or under the Service Occupation Tax Act shall permit such registrant to engage in a business which is taxable under any ordinance or resolution enacted pursuant to this subsection without registering separately with the Department under such ordinance or resolution or under this subsection. The Department of Revenue shall have full power to administer and enforce this subsection; to collect all taxes and penalties due under this subsection; to dispose of taxes and penalties so collected in the manner hereinafter provided; and to determine all rights to credit memoranda arising on account of the erroneous payment of tax or penalty under this subsection. In the administration of, and compliance with this subsection, the Department and persons who are subject to this subsection shall have the same rights, remedies, privileges, immunities, powers and duties, and be subject to the same conditions, restrictions, limitations, penalties, exclusions, exemptions, and definitions of terms and employ the same modes of procedure as are prescribed in Sections 2, 2a through 2d, 3 through 3-50 (in respect to all provisions therein other than the State rate of tax), 4 (except that the reference to the State shall be to the business district), 5, 7, 8 (except that the jurisdiction to which the tax shall be a debt to the extent indicated in that Section 8 shall be the municipality), 9 (except as to the disposition of taxes and penalties collected, and except that the returned merchandise credit for this tax may not be taken against any State tax, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 10, 11, 12 (except the reference therein to Section 2b of the Retailers' Occupation Tax Act), 13 (except that any reference to the State shall mean the municipality), the first paragraph of Section 15, and Sections 16, 17, 18, 19 and 20 of the Service Occupation Tax Act and all provisions of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth herein. Persons subject to any tax imposed under the authority granted in this subsection may reimburse themselves for their serviceman's tax liability hereunder by separately stating the tax as an additional charge, which charge may be stated in combination, in a single amount, with State tax that servicemen are authorized to collect under the Service Use Tax Act, in accordance with such bracket schedules as the Department may prescribe. Whenever the Department determines that a refund should be made under this subsection to a claimant instead of issuing credit memorandum, the Department shall notify the State Comptroller, who shall cause the order to be drawn for the amount specified, and to the person named, in such notification from the Department. Such refund shall be paid by the State Treasurer out of the business district retailers' occupation tax fund or the Local Government Aviation Trust Fund, as appropriate. Except as otherwise provided in this paragraph, the Department shall forthwith pay over to the State Treasurer, ex-officio, as trustee, all taxes, penalties, and interest collected under this subsection for deposit into the business district retailers' occupation tax fund. Taxes and penalties collected on aviation fuel sold on or after December 1, 2019, shall be immediately paid over by the Department to the State Treasurer, ex officio, as trustee, for deposit into the Local Government Aviation Trust Fund. The Department shall only pay moneys into the Local Government Aviation Trust Fund under this Section for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the District. As soon as possible after the first day of each month, beginning January 1, 2011, upon certification of the Department of Revenue, the Comptroller shall order transferred, and the Treasurer shall transfer, to the STAR Bonds Revenue Fund the local sales tax increment, as defined in the Innovation Development and Economy Act, collected under this subsection during the second preceding calendar month for sales within a STAR bond district. After the monthly transfer to the STAR Bonds Revenue Fund, on or before the 25th day of each calendar month, the Department shall prepare and certify to the Comptroller the disbursement of stated sums of money to named municipalities from the business district retailers' occupation tax fund, the municipalities to be those from which suppliers and servicemen have paid taxes or penalties under this subsection to the Department during the second preceding calendar month. The amount to be paid to each municipality shall be the amount (not including credit memoranda and not including taxes and penalties collected on aviation fuel sold on or after December 1, 2019) collected under this subsection during the second preceding calendar month by the Department, less 2% of that amount (except the amount collected on aviation fuel sold on or after December 1, 2019), which shall be deposited into the Tax Compliance and Administration Fund and shall be used by the Department, subject to appropriation, to cover the costs of the Department in administering and enforcing the provisions of this subsection, and not including an amount equal to the amount of refunds made during the second preceding calendar month by the Department on behalf of such municipality, and not including any amounts that are transferred to the STAR Bonds Revenue Fund. Within 10 days after receipt, by the Comptroller, of the disbursement certification to the municipalities, provided for in this subsection to be given to the Comptroller by the Department, the Comptroller shall cause the orders to be drawn for the respective amounts in accordance with the directions contained in such certification. The proceeds of the tax paid to municipalities under this subsection shall be deposited into the Business District Tax Allocation Fund by the municipality. An ordinance imposing or discontinuing the tax under this subsection or effecting a change in the rate thereof shall either (i) be adopted and a certified copy thereof filed with the Department on or before the first day of April, whereupon the Department, if all other requirements of this subsection are met, shall proceed to administer and enforce this subsection as of the first day of July next following the adoption and filing; or (ii) be adopted and a certified copy thereof filed with the Department on or before the first day of October, whereupon, if all other conditions of this subsection are met, the Department shall proceed to administer and enforce this subsection as of the first day of January next following the adoption and filing. The Department of Revenue shall not administer or enforce an ordinance imposing, discontinuing, or changing the rate of the tax under this subsection, until the municipality also provides, in the manner prescribed by the Department, the boundaries of the business district in such a way that the Department can determine by its address whether a business is located in the business district. The municipality must provide this boundary and address information to the Department on or before April 1 for administration and enforcement of the tax under this subsection by the Department beginning on the following July 1 and on or before October 1 for administration and enforcement of the tax under this subsection by the Department beginning on the following January 1. The Department of Revenue shall not administer or enforce any change made to the boundaries of a business district or address change, addition, or deletion until the municipality reports the boundary change or address change, addition, or deletion to the Department in the manner prescribed by the Department. The municipality must provide this boundary change information or address change, addition, or deletion to the Department on or before April 1 for administration and enforcement by the Department of the change beginning on the following July 1 and on or before October 1 for administration and enforcement by the Department of the change beginning on the following January 1. The retailers in the business district shall be responsible for charging the tax imposed under this subsection. If a retailer is incorrectly included or excluded from the list of those required to collect the tax under this subsection, both the Department of Revenue and the retailer shall be held harmless if they reasonably relied on information provided by the municipality. A municipality that imposes the tax under this subsection must submit to the Department of Revenue any other information as the Department may require for the administration and enforcement of the tax. Nothing in this subsection shall be construed to authorize the municipality to impose a tax upon the privilege of engaging in any business which under the Constitution of the United States may not be made the subject of taxation by the State. If a tax is imposed under this subsection (c), a tax shall also be imposed under subsection (b) of this Section. (c-5) If, on January 1, 2025, a unit of local government has in effect a tax under this Section, or if, after January 1, 2025, a unit of local government imposes a tax under this Section, then that tax applies to leases of tangible personal property in effect, entered into, or renewed on or after that date in the same manner as the tax under this Section and in accordance with the changes made by this amendatory Act of the 103rd General Assembly. (d) By ordinance, a municipality that has designated a business district under this Law may impose an occupation tax upon all persons engaged in the business district in the business of renting, leasing, or letting rooms in a hotel, as defined in the Hotel Operators' Occupation Tax Act, at a rate not to exceed 1% of the gross rental receipts from the renting, leasing, or letting of hotel rooms within the business district, to be imposed only in 0.25% increments, excluding, however, from gross rental receipts the proceeds of renting, leasing, or letting to permanent residents of a hotel, as defined in the Hotel Operators' Occupation Tax Act, and proceeds from the tax imposed under subsection (c) of Section 13 of the Metropolitan Pier and Exposition Authority Act. The tax imposed by the municipality under this subsection and all civil penalties that may be assessed as an incident to that tax shall be collected and enforced by the municipality imposing the tax. The municipality shall have full power to administer and enforce this subsection, to collect all taxes and penalties due under this subsection, to dispose of taxes and penalties so collected in the manner provided in this subsection, and to determine all rights to credit memoranda arising on account of the erroneous payment of tax or penalty under this subsection. In the administration of and compliance with this subsection, the municipality and persons who are subject to this subsection shall have the same rights, remedies, privileges, immunities, powers, and duties, shall be subject to the same conditions, restrictions, limitations, penalties, and definitions of terms, and shall employ the same modes of procedure as are employed with respect to a tax adopted by the municipality under Section 8-3-14 of this Code. Persons subject to any tax imposed under the authority granted in this subsection may reimburse themselves for their tax liability for that tax by separately stating that tax as an additional charge, which charge may be stated in combination, in a single amount, with State taxes imposed under the Hotel Operators' Occupation Tax Act, and with any other tax. Nothing in this subsection shall be construed to authorize a municipality to impose a tax upon the privilege of engaging in any business which under the Constitution of the United States may not be made the subject of taxation by this State. The proceeds of the tax imposed under this subsection shall be deposited into the Business District Tax Allocation Fund. (e) Obligations secured by the Business District Tax Allocation Fund may be issued to provide for the payment or reimbursement of business district project costs. Those obligations, when so issued, shall be retired in the manner provided in the ordinance authorizing the issuance of those obligations by the receipts of taxes imposed pursuant to subsections (10) and (11) of Section 11-74.3-3 and by other revenue designated or pledged by the municipality. A municipality may in the ordinance pledge, for any period of time up to and including the dissolution date, all or any part of the funds in and to be deposited in the Business District Tax Allocation Fund to the payment of business district project costs and obligations. Whenever a municipality pledges all of the funds to the credit of a business district tax allocation fund to secure obligations issued or to be issued to pay or reimburse business district project costs, the municipality may specifically provide that funds remaining to the credit of such business district tax allocation fund after the payment of such obligations shall be accounted for annually and shall be deemed to be "surplus" funds, and such "surplus" funds shall be expended by the municipality for any business district project cost as approved in the business district plan. Whenever a municipality pledges less than all of the monies to the credit of a business district tax allocation fund to secure obligations issued or to be issued to pay or reimburse business district project costs, the municipality shall provide that monies to the credit of the business district tax allocation fund and not subject to such pledge or otherwise encumbered or required for payment of contractual obligations for specific business district project costs shall be calculated annually and shall be deemed to be "surplus" funds, and such "surplus" funds shall be expended by the municipality for any business district project cost as approved in the business district plan. No obligation issued pursuant to this Law and secured by a pledge of all or any portion of any revenues received or to be received by the municipality from the imposition of taxes pursuant to subsection (10) of Section 11-74.3-3, shall be deemed to constitute an economic incentive agreement under Section 8-11-20, notwithstanding the fact that such pledge provides for the sharing, rebate, or payment of retailers' occupation taxes or service occupation taxes imposed pursuant to subsection (10) of Section 11-74.3-3 and received or to be received by the municipality from the development or redevelopment of properties in the business district. Without limiting the foregoing in this Section, the municipality may further secure obligations secured by the business district tax allocation fund with a pledge, for a period not greater than the term of the obligations and in any case not longer than the dissolution date, of any part or any combination of the following: (i) net revenues of all or part of any business district project; (ii) taxes levied or imposed by the municipality on any or all property in the municipality, including, specifically, taxes levied or imposed by the municipality in a special service area pursuant to the Special Service Area Tax Law; (iii) the full faith and credit of the municipality; (iv) a mortgage on part or all of the business district project; or (v) any other taxes or anticipated receipts that the municipality may lawfully pledge. Such obligations may be issued in one or more series, bear such date or dates, become due at such time or times as therein provided, but in any case not later than (i) 20 years after the date of issue or (ii) the dissolution date, whichever is earlier, bear interest payable at such intervals and at such rate or rates as set forth therein, except as may be limited by applicable law, which rate or rates may be fixed or variable, be in such denominations, be in such form, either coupon, registered, or book-entry, carry such conversion, registration and exchange privileges, be subject to defeasance upon such terms, have such rank or priority, be executed in such manner, be payable in such medium or payment at such place or places within or without the State, make provision for a corporate trustee within or without the State with respect to such obligations, prescribe the rights, powers, and duties thereof to be exercised for the benefit of the municipality and the benefit of the owners of such obligations, provide for the holding in trust, investment, and use of moneys, funds, and accounts held under an ordinance, provide for assignment of and direct payment of the moneys to pay such obligations or to be deposited into such funds or accounts directly to such trustee, be subject to such terms of redemption with or without premium, and be sold at such price, all as the corporate authorities shall determine. No referendum approval of the electors shall be required as a condition to the issuance of obligations pursuant to this Law except as provided in this Section. In the event the municipality authorizes the issuance of obligations pursuant to the authority of this Law secured by the full faith and credit of the municipality, or pledges ad valorem taxes pursuant to this subsection, which obligations are other than obligations which may be issued under home rule powers provided by Section 6 of Article VII of the Illinois Constitution or which ad valorem taxes are other than ad valorem taxes which may be pledged under home rule powers provided by Section 6 of Article VII of the Illinois Constitution or which are levied in a special service area pursuant to the Special Service Area Tax Law, the ordinance authorizing the issuance of those obligations or pledging those taxes shall be published within 10 days after the ordinance has been adopted, in a newspaper having a general circulation within the municipality. The publication of the ordinance shall be accompanied by a notice of (i) the specific number of voters required to sign a petition requesting the question of the issuance of the obligations or pledging such ad valorem taxes to be submitted to the electors; (ii) the time within which the petition must be filed; and (iii) the date of the prospective referendum. The municipal clerk shall provide a petition form to any individual requesting one. If no petition is filed with the municipal clerk, as hereinafter provided in this Section, within 21 days after the publication of the ordinance, the ordinance shall be in effect. However, if within that 21-day period a petition is filed with the municipal clerk, signed by electors numbering not less than 15% of the number of electors voting for the mayor or president at the last general municipal election, asking that the question of issuing obligations using full faith and credit of the municipality as security for the cost of paying or reimbursing business district project costs, or of pledging such ad valorem taxes for the payment of those obligations, or both, be submitted to the electors of the municipality, the municipality shall not be authorized to issue obligations of the municipality using the full faith and credit of the municipality as security or pledging such ad valorem taxes for the payment of those obligations, or both, until the proposition has been submitted to and approved by a majority of the voters voting on the proposition at a regularly scheduled election. The municipality shall certify the proposition to the proper election authorities for submission in accordance with the general election law. The ordinance authorizing the obligations may provide that the obligations shall contain a recital that they are issued pursuant to this Law, which recital shall be conclusive evidence of their validity and of the regularity of their issuance. In the event the municipality authorizes issuance of obligations pursuant to this Law secured by the full faith and credit of the municipality, the ordinance authorizing the obligations may provide for the levy and collection of a direct annual tax upon all taxable property within the municipality sufficient to pay the principal thereof and interest thereon as it matures, which levy may be in addition to and exclusive of the maximum of all other taxes authorized to be levied by the municipality, which levy, however, shall be abated to the extent that monies from other sources are available for payment of the obligations and the municipality certifies the amount of those monies available to the county clerk. A certified copy of the ordinance shall be filed with the county clerk of each county in which any portion of the municipality is situated, and shall constitute the authority for the extension and collection of the taxes to be deposited in the business district tax allocation fund. A municipality may also issue its obligations to refund, in whole or in part, obligations theretofore issued by the municipality under the authority of this Law, whether at or prior to maturity. However, the last maturity of the refunding obligations shall not be expressed to mature later than the dissolution date. In the event a municipality issues obligations under home rule powers or other legislative authority, the proceeds of which are pledged to pay or reimburse business district project costs, the municipality may, if it has followed the procedures in conformance with this Law, retire those obligations from funds in the business district tax allocation fund in amounts and in such manner as if those obligations had been issued pursuant to the provisions of this Law. No obligations issued pursuant to this Law shall be regarded as indebtedness of the municipality issuing those obligations or any other taxing district for the purpose of any limitation imposed by law. Obligations issued pursuant to this Law shall not be subject to the provisions of the Bond Authorization Act. (f) When business district project costs, including, without limitation, all obligations paying or reimbursing business district project costs have been paid, any surplus funds then remaining in the Business District Tax Allocation Fund shall be distributed to the municipal treasurer for deposit into the general corporate fund of the municipality. Upon payment of all business district project costs and retirement of all obligations paying or reimbursing business district project costs, but in no event more than 23 years after the date of adoption of the ordinance imposing taxes pursuant to subsection (10) or (11) of Section 11-74.3-3, the municipality shall adopt an ordinance immediately rescinding the taxes imposed pursuant to subsection (10) or (11) of Section 11-74.3-3. (Source: P.A. 102-700, eff. 4-19-22; 103-592, eff. 1-1-25.) |
(65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3)
Sec. 11-74.4-3. Definitions. The following terms, wherever used or
referred to in this Division 74.4 shall have the following respective meanings,
unless in any case a different meaning clearly appears from the context.
(a) For any redevelopment project area that has been designated pursuant
to this
Section by an ordinance adopted prior to November 1, 1999 (the effective
date of Public Act
91-478), "blighted area" shall have the meaning set
forth in this Section
prior to that date.
On and after November 1, 1999,
"blighted area" means any improved or vacant area within the boundaries
of a redevelopment project area located within the territorial limits of
the municipality where:
(1) If improved, industrial, commercial, and |
| residential buildings or improvements are detrimental to the public safety, health, or welfare because of a combination of 5 or more of the following factors, each of which is (i) present, with that presence documented, to a meaningful extent so that a municipality may reasonably find that the factor is clearly present within the intent of the Act and (ii) reasonably distributed throughout the improved part of the redevelopment project area:
|
|
(A) Dilapidation. An advanced state of disrepair
|
| or neglect of necessary repairs to the primary structural components of buildings or improvements in such a combination that a documented building condition analysis determines that major repair is required or the defects are so serious and so extensive that the buildings must be removed.
|
|
(B) Obsolescence. The condition or process of
|
| falling into disuse. Structures have become ill-suited for the original use.
|
|
(C) Deterioration. With respect to buildings,
|
| defects including, but not limited to, major defects in the secondary building components such as doors, windows, porches, gutters and downspouts, and fascia. With respect to surface improvements, that the condition of roadways, alleys, curbs, gutters, sidewalks, off-street parking, and surface storage areas evidence deterioration, including, but not limited to, surface cracking, crumbling, potholes, depressions, loose paving material, and weeds protruding through paved surfaces.
|
|
(D) Presence of structures below minimum code
|
| standards. All structures that do not meet the standards of zoning, subdivision, building, fire, and other governmental codes applicable to property, but not including housing and property maintenance codes.
|
|
(E) Illegal use of individual structures. The
|
| use of structures in violation of applicable federal, State, or local laws, exclusive of those applicable to the presence of structures below minimum code standards.
|
|
(F) Excessive vacancies. The presence of
|
| buildings that are unoccupied or under-utilized and that represent an adverse influence on the area because of the frequency, extent, or duration of the vacancies.
|
|
(G) Lack of ventilation, light, or sanitary
|
| facilities. The absence of adequate ventilation for light or air circulation in spaces or rooms without windows, or that require the removal of dust, odor, gas, smoke, or other noxious airborne materials. Inadequate natural light and ventilation means the absence of skylights or windows for interior spaces or rooms and improper window sizes and amounts by room area to window area ratios. Inadequate sanitary facilities refers to the absence or inadequacy of garbage storage and enclosure, bathroom facilities, hot water and kitchens, and structural inadequacies preventing ingress and egress to and from all rooms and units within a building.
|
|
(H) Inadequate utilities. Underground and
|
| overhead utilities such as storm sewers and storm drainage, sanitary sewers, water lines, and gas, telephone, and electrical services that are shown to be inadequate. Inadequate utilities are those that are: (i) of insufficient capacity to serve the uses in the redevelopment project area, (ii) deteriorated, antiquated, obsolete, or in disrepair, or (iii) lacking within the redevelopment project area.
|
|
(I) Excessive land coverage and overcrowding of
|
| structures and community facilities. The over-intensive use of property and the crowding of buildings and accessory facilities onto a site. Examples of problem conditions warranting the designation of an area as one exhibiting excessive land coverage are: (i) the presence of buildings either improperly situated on parcels or located on parcels of inadequate size and shape in relation to present-day standards of development for health and safety and (ii) the presence of multiple buildings on a single parcel. For there to be a finding of excessive land coverage, these parcels must exhibit one or more of the following conditions: insufficient provision for light and air within or around buildings, increased threat of spread of fire due to the close proximity of buildings, lack of adequate or proper access to a public right-of-way, lack of reasonably required off-street parking, or inadequate provision for loading and service.
|
|
(J) Deleterious land use or layout. The
|
| existence of incompatible land-use relationships, buildings occupied by inappropriate mixed-uses, or uses considered to be noxious, offensive, or unsuitable for the surrounding area.
|
|
(K) Environmental clean-up. The proposed
|
| redevelopment project area has incurred Illinois Environmental Protection Agency or United States Environmental Protection Agency remediation costs for, or a study conducted by an independent consultant recognized as having expertise in environmental remediation has determined a need for, the clean-up of hazardous waste, hazardous substances, or underground storage tanks required by State or federal law, provided that the remediation costs constitute a material impediment to the development or redevelopment of the redevelopment project area.
|
|
(L) Lack of community planning. The proposed
|
| redevelopment project area was developed prior to or without the benefit or guidance of a community plan. This means that the development occurred prior to the adoption by the municipality of a comprehensive or other community plan or that the plan was not followed at the time of the area's development. This factor must be documented by evidence of adverse or incompatible land-use relationships, inadequate street layout, improper subdivision, parcels of inadequate shape and size to meet contemporary development standards, or other evidence demonstrating an absence of effective community planning.
|
|
(M) The total equalized assessed value of the
|
| proposed redevelopment project area has declined for 3 of the last 5 calendar years prior to the year in which the redevelopment project area is designated or is increasing at an annual rate that is less than the balance of the municipality for 3 of the last 5 calendar years for which information is available or is increasing at an annual rate that is less than the Consumer Price Index for All Urban Consumers published by the United States Department of Labor or successor agency for 3 of the last 5 calendar years prior to the year in which the redevelopment project area is designated.
|
|
(2) If vacant, the sound growth of the redevelopment
|
| project area is impaired by a combination of 2 or more of the following factors, each of which is (i) present, with that presence documented, to a meaningful extent so that a municipality may reasonably find that the factor is clearly present within the intent of the Act and (ii) reasonably distributed throughout the vacant part of the redevelopment project area to which it pertains:
|
|
(A) Obsolete platting of vacant land that results
|
| in parcels of limited or narrow size or configurations of parcels of irregular size or shape that would be difficult to develop on a planned basis and in a manner compatible with contemporary standards and requirements, or platting that failed to create rights-of-ways for streets or alleys or that created inadequate right-of-way widths for streets, alleys, or other public rights-of-way or that omitted easements for public utilities.
|
|
(B) Diversity of ownership of parcels of vacant
|
| land sufficient in number to retard or impede the ability to assemble the land for development.
|
|
(C) Tax and special assessment delinquencies
|
| exist or the property has been the subject of tax sales under the Property Tax Code within the last 5 years.
|
|
(D) Deterioration of structures or site
|
| improvements in neighboring areas adjacent to the vacant land.
|
|
(E) The area has incurred Illinois Environmental
|
| Protection Agency or United States Environmental Protection Agency remediation costs for, or a study conducted by an independent consultant recognized as having expertise in environmental remediation has determined a need for, the clean-up of hazardous waste, hazardous substances, or underground storage tanks required by State or federal law, provided that the remediation costs constitute a material impediment to the development or redevelopment of the redevelopment project area.
|
|
(F) The total equalized assessed value of the
|
| proposed redevelopment project area has declined for 3 of the last 5 calendar years prior to the year in which the redevelopment project area is designated or is increasing at an annual rate that is less than the balance of the municipality for 3 of the last 5 calendar years for which information is available or is increasing at an annual rate that is less than the Consumer Price Index for All Urban Consumers published by the United States Department of Labor or successor agency for 3 of the last 5 calendar years prior to the year in which the redevelopment project area is designated.
|
|
(3) If vacant, the sound growth of the redevelopment
|
| project area is impaired by one of the following factors that (i) is present, with that presence documented, to a meaningful extent so that a municipality may reasonably find that the factor is clearly present within the intent of the Act and (ii) is reasonably distributed throughout the vacant part of the redevelopment project area to which it pertains:
|
|
(A) The area consists of one or more unused
|
| quarries, mines, or strip mine ponds.
|
|
(B) The area consists of unused rail yards, rail
|
| tracks, or railroad rights-of-way.
|
|
(C) The area, prior to its designation, is
|
| subject to (i) chronic flooding that adversely impacts on real property in the area as certified by a registered professional engineer or appropriate regulatory agency or (ii) surface water that discharges from all or a part of the area and contributes to flooding within the same watershed, but only if the redevelopment project provides for facilities or improvements to contribute to the alleviation of all or part of the flooding.
|
|
(D) The area consists of an unused or illegal
|
| disposal site containing earth, stone, building debris, or similar materials that were removed from construction, demolition, excavation, or dredge sites.
|
|
(E) Prior to November 1, 1999, the area is not
|
| less than 50 nor more than 100 acres and 75% of which is vacant (notwithstanding that the area has been used for commercial agricultural purposes within 5 years prior to the designation of the redevelopment project area), and the area meets at least one of the factors itemized in paragraph (1) of this subsection, the area has been designated as a town or village center by ordinance or comprehensive plan adopted prior to January 1, 1982, and the area has not been developed for that designated purpose.
|
|
(F) The area qualified as a blighted improved
|
| area immediately prior to becoming vacant, unless there has been substantial private investment in the immediately surrounding area.
|
|
(b) For any redevelopment project area that has been designated pursuant
to this
Section by an ordinance adopted prior to November 1, 1999 (the effective
date of Public Act
91-478), "conservation area" shall have the meaning
set forth in this
Section prior to that date.
On and after November 1, 1999,
"conservation area" means any improved area within the boundaries
of a redevelopment project area located within the territorial limits of
the municipality in which 50% or more of the structures in the area have
an age of 35 years or more.
Such an area is not yet a blighted area but
because of a combination of 3 or more of the following factors is detrimental
to the public safety, health, morals
or welfare and such an area may become a blighted area:
(1) Dilapidation. An advanced state of disrepair or
|
| neglect of necessary repairs to the primary structural components of buildings or improvements in such a combination that a documented building condition analysis determines that major repair is required or the defects are so serious and so extensive that the buildings must be removed.
|
|
(2) Obsolescence. The condition or process of
|
| falling into disuse. Structures have become ill-suited for the original use.
|
|
(3) Deterioration. With respect to buildings,
|
| defects including, but not limited to, major defects in the secondary building components such as doors, windows, porches, gutters and downspouts, and fascia. With respect to surface improvements, that the condition of roadways, alleys, curbs, gutters, sidewalks, off-street parking, and surface storage areas evidence deterioration, including, but not limited to, surface cracking, crumbling, potholes, depressions, loose paving material, and weeds protruding through paved surfaces.
|
|
(4) Presence of structures below minimum code
|
| standards. All structures that do not meet the standards of zoning, subdivision, building, fire, and other governmental codes applicable to property, but not including housing and property maintenance codes.
|
|
(5) Illegal use of individual structures. The use of
|
| structures in violation of applicable federal, State, or local laws, exclusive of those applicable to the presence of structures below minimum code standards.
|
|
(6) Excessive vacancies. The presence of buildings
|
| that are unoccupied or under-utilized and that represent an adverse influence on the area because of the frequency, extent, or duration of the vacancies.
|
|
(7) Lack of ventilation, light, or sanitary
|
| facilities. The absence of adequate ventilation for light or air circulation in spaces or rooms without windows, or that require the removal of dust, odor, gas, smoke, or other noxious airborne materials. Inadequate natural light and ventilation means the absence or inadequacy of skylights or windows for interior spaces or rooms and improper window sizes and amounts by room area to window area ratios. Inadequate sanitary facilities refers to the absence or inadequacy of garbage storage and enclosure, bathroom facilities, hot water and kitchens, and structural inadequacies preventing ingress and egress to and from all rooms and units within a building.
|
|
(8) Inadequate utilities. Underground and overhead
|
| utilities such as storm sewers and storm drainage, sanitary sewers, water lines, and gas, telephone, and electrical services that are shown to be inadequate. Inadequate utilities are those that are: (i) of insufficient capacity to serve the uses in the redevelopment project area, (ii) deteriorated, antiquated, obsolete, or in disrepair, or (iii) lacking within the redevelopment project area.
|
|
(9) Excessive land coverage and overcrowding of
|
| structures and community facilities. The over-intensive use of property and the crowding of buildings and accessory facilities onto a site. Examples of problem conditions warranting the designation of an area as one exhibiting excessive land coverage are: the presence of buildings either improperly situated on parcels or located on parcels of inadequate size and shape in relation to present-day standards of development for health and safety and the presence of multiple buildings on a single parcel. For there to be a finding of excessive land coverage, these parcels must exhibit one or more of the following conditions: insufficient provision for light and air within or around buildings, increased threat of spread of fire due to the close proximity of buildings, lack of adequate or proper access to a public right-of-way, lack of reasonably required off-street parking, or inadequate provision for loading and service.
|
|
(10) Deleterious land use or layout. The existence
|
| of incompatible land-use relationships, buildings occupied by inappropriate mixed-uses, or uses considered to be noxious, offensive, or unsuitable for the surrounding area.
|
|
(11) Lack of community planning. The proposed
|
| redevelopment project area was developed prior to or without the benefit or guidance of a community plan. This means that the development occurred prior to the adoption by the municipality of a comprehensive or other community plan or that the plan was not followed at the time of the area's development. This factor must be documented by evidence of adverse or incompatible land-use relationships, inadequate street layout, improper subdivision, parcels of inadequate shape and size to meet contemporary development standards, or other evidence demonstrating an absence of effective community planning.
|
|
(12) The area has incurred Illinois Environmental
|
| Protection Agency or United States Environmental Protection Agency remediation costs for, or a study conducted by an independent consultant recognized as having expertise in environmental remediation has determined a need for, the clean-up of hazardous waste, hazardous substances, or underground storage tanks required by State or federal law, provided that the remediation costs constitute a material impediment to the development or redevelopment of the redevelopment project area.
|
|
(13) The total equalized assessed value of the
|
| proposed redevelopment project area has declined for 3 of the last 5 calendar years for which information is available or is increasing at an annual rate that is less than the balance of the municipality for 3 of the last 5 calendar years for which information is available or is increasing at an annual rate that is less than the Consumer Price Index for All Urban Consumers published by the United States Department of Labor or successor agency for 3 of the last 5 calendar years for which information is available.
|
|
(c) "Industrial park" means an area in a blighted or conservation
area suitable for use by any manufacturing, industrial, research or
transportation enterprise, of facilities to include but not be limited to
factories, mills, processing plants, assembly plants, packing plants,
fabricating plants, industrial distribution centers, warehouses, repair
overhaul or service facilities, freight terminals, research facilities,
test facilities or railroad facilities.
(d) "Industrial park conservation area" means an area within the
boundaries of a redevelopment project area located within the territorial
limits of a municipality that is a labor surplus municipality or within 1
1/2 miles of the territorial limits of a municipality that is a labor
surplus municipality if the area is annexed to the municipality; which
area is zoned as industrial no later than at the time the municipality by
ordinance designates the redevelopment project area, and which area
includes both vacant land suitable for use as an industrial park and a
blighted area or conservation area contiguous to such vacant land.
(e) "Labor surplus municipality" means a municipality in which, at any
time during the 6 months before the municipality by ordinance designates
an industrial park conservation area, the unemployment rate was over 6% and was
also 100% or more of the national average unemployment rate for that same
time as published in the United States Department of Labor Bureau of Labor
Statistics publication entitled "The Employment Situation" or its successor
publication. For the purpose of this subsection, if unemployment rate
statistics for the municipality are not available, the unemployment rate in
the municipality shall be deemed to be the same as the unemployment rate in
the principal county in which the municipality is located.
(f) "Municipality" shall mean a city, village, incorporated town, or a township that is located in the unincorporated portion of a county with 3 million or more inhabitants, if the county adopted an ordinance that approved the township's redevelopment plan.
(g) "Initial Sales Tax Amounts" means the amount of taxes paid under
the Retailers' Occupation Tax Act, Use Tax Act, Service Use Tax Act, the
Service Occupation Tax Act, the Municipal Retailers' Occupation Tax Act,
and the Municipal Service Occupation Tax Act by
retailers and servicemen on transactions at places located in a
State Sales Tax Boundary during the calendar year 1985.
(g-1) "Revised Initial Sales Tax Amounts" means the amount of taxes paid
under the Retailers' Occupation Tax Act, Use Tax Act, Service Use Tax Act, the
Service Occupation Tax Act, the Municipal Retailers' Occupation Tax Act,
and the Municipal Service Occupation Tax Act by retailers and servicemen on
transactions at places located within the State Sales Tax Boundary
revised pursuant to Section 11-74.4-8a(9) of this Act.
(h) "Municipal Sales Tax Increment" means an amount equal to the
increase in the aggregate amount of taxes paid to a municipality from the
Local Government Tax Fund arising from sales by retailers and servicemen
within the redevelopment project area or State Sales Tax Boundary, as
the case may be, for as long as the redevelopment project area or State
Sales Tax Boundary, as the case may be, exist over and above the aggregate
amount of taxes as certified by the Illinois Department of Revenue and paid
under the Municipal Retailers' Occupation Tax Act and the Municipal Service
Occupation Tax Act by retailers and servicemen, on transactions at places
of business located in the redevelopment project area or State Sales Tax
Boundary, as the case may be, during the
base year which shall be the calendar year immediately prior to the year in
which the municipality adopted tax increment allocation financing. For
purposes of computing the aggregate amount of such taxes for base years
occurring prior to 1985, the Department of Revenue shall determine the
Initial Sales Tax Amounts for such taxes and deduct therefrom an amount
equal to 4% of the aggregate amount of taxes per year for each year the
base year is prior to 1985, but not to exceed a total deduction of 12%.
The amount so determined shall be known as the "Adjusted Initial Sales Tax
Amounts". For purposes of determining the Municipal Sales Tax Increment,
the Department of Revenue shall for each period subtract from the amount
paid to the municipality from the Local Government Tax Fund arising from
sales by retailers and servicemen on transactions
located in the redevelopment project area or the State Sales Tax Boundary,
as the case may be, the certified Initial Sales Tax
Amounts, the Adjusted Initial Sales Tax Amounts or the Revised Initial
Sales Tax Amounts for the Municipal Retailers'
Occupation Tax Act and the Municipal Service
Occupation Tax Act. For the State Fiscal Year 1989, this calculation shall
be made by utilizing the calendar year 1987 to determine the tax amounts
received. For the State Fiscal Year 1990, this calculation shall be made
by utilizing the period from January 1, 1988, until September 30, 1988, to
determine the tax amounts received from retailers and servicemen pursuant
to the Municipal Retailers' Occupation Tax and the Municipal Service
Occupation Tax Act, which shall have deducted therefrom
nine-twelfths of the certified Initial Sales Tax Amounts, the Adjusted Initial
Sales Tax Amounts or the Revised Initial Sales Tax Amounts as appropriate.
For the State Fiscal Year 1991, this calculation shall be made by utilizing
the period from October 1, 1988, to June 30, 1989, to determine the tax
amounts received from retailers and servicemen pursuant to the Municipal
Retailers' Occupation Tax and the Municipal Service Occupation Tax Act
which shall have deducted therefrom nine-twelfths of the
certified Initial Sales Tax Amounts, Adjusted Initial Sales Tax
Amounts or the Revised Initial Sales Tax Amounts as appropriate. For every
State Fiscal Year thereafter, the applicable period shall be the 12 months
beginning July 1 and ending June 30 to determine the tax amounts received
which shall have deducted therefrom the certified Initial Sales Tax
Amounts, the Adjusted Initial Sales Tax Amounts or the Revised Initial
Sales Tax Amounts, as the case may be.
(i) "Net State Sales Tax Increment" means the sum of the following: (a)
80% of the first $100,000 of State Sales Tax Increment annually generated
within a State Sales Tax Boundary; (b) 60% of the amount in excess of
$100,000 but not exceeding $500,000 of State Sales Tax Increment annually
generated within a State Sales Tax Boundary; and (c) 40% of all amounts in
excess of $500,000 of State Sales Tax Increment annually generated within a
State Sales Tax Boundary. If, however, a municipality established a tax
increment financing district in a county with a population in excess of
3,000,000 before January 1, 1986, and the municipality entered into a
contract or issued bonds after January 1, 1986, but before December 31, 1986,
to finance redevelopment project costs within a State Sales Tax
Boundary, then the Net State Sales Tax Increment means, for the fiscal years
beginning July 1, 1990, and July 1, 1991, 100% of the State Sales Tax
Increment annually generated within a State Sales Tax Boundary; and
notwithstanding any other provision of this Act, for those fiscal years the
Department of Revenue shall distribute to those municipalities 100% of
their Net State Sales Tax Increment before any distribution to any other
municipality and regardless of whether or not those other municipalities
will receive 100% of their Net State Sales Tax Increment. For Fiscal Year
1999, and every year thereafter until the year 2007, for any municipality
that has not entered into a contract or has not issued bonds prior to June
1, 1988 to finance redevelopment project costs within a State Sales Tax
Boundary, the Net State Sales Tax Increment shall be calculated as follows:
By multiplying the Net State Sales Tax Increment by 90% in the State Fiscal
Year 1999; 80% in the State Fiscal Year 2000; 70% in the State Fiscal Year
2001; 60% in the State Fiscal Year 2002; 50% in the State Fiscal Year 2003; 40%
in the State Fiscal Year 2004; 30% in the State Fiscal Year 2005; 20% in
the State Fiscal Year 2006; and 10% in the State Fiscal Year 2007. No
payment shall be made for State Fiscal Year 2008 and thereafter.
Municipalities that issued bonds in connection with a redevelopment project
in a redevelopment project area within the State Sales Tax Boundary prior to
July 29, 1991,
or that entered into contracts in connection with a redevelopment project in
a redevelopment project area before June 1, 1988,
shall continue to receive their proportional share of the
Illinois Tax Increment Fund distribution until the date on which the
redevelopment project is completed or terminated.
If, however, a municipality that issued bonds in connection with a
redevelopment project in a redevelopment project area within the State Sales
Tax Boundary prior to July 29, 1991 retires the bonds prior to June 30, 2007 or
a municipality that entered into contracts in connection with a redevelopment
project in a redevelopment project area before June 1, 1988 completes the
contracts prior to June 30, 2007, then so long as the redevelopment project is
not
completed or is not terminated, the Net State Sales Tax Increment shall be
calculated, beginning on the date on which the bonds are retired or the
contracts are completed, as follows: By multiplying the Net State Sales Tax
Increment by 60% in the State Fiscal Year
2002; 50% in the State Fiscal Year 2003; 40% in the State Fiscal Year 2004; 30%
in the State Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in
the State Fiscal Year 2007. No payment shall be made for State Fiscal Year
2008 and thereafter.
Refunding of any bonds issued
prior to July 29, 1991, shall not alter the Net State Sales Tax Increment.
(j) "State Utility Tax Increment Amount" means an amount equal to the
aggregate increase in State electric and gas tax charges imposed on owners
and tenants, other than residential customers, of properties located within
the redevelopment project area under Section 9-222 of the Public Utilities
Act, over and above the aggregate of such charges as certified by the
Department of Revenue and paid by owners and tenants, other than
residential customers, of properties within the redevelopment project area
during the base year, which shall be the calendar year immediately prior to
the year of the adoption of the ordinance authorizing tax increment allocation
financing.
(k) "Net State Utility Tax Increment" means the sum of the following:
(a) 80% of the first $100,000 of State Utility Tax Increment annually
generated by a redevelopment project area; (b) 60% of the amount in excess
of $100,000 but not exceeding $500,000 of the State Utility Tax Increment
annually generated by a redevelopment project area; and (c) 40% of all
amounts in excess of $500,000 of State Utility Tax Increment annually
generated by a redevelopment project area. For the State Fiscal Year 1999,
and every year thereafter until the year 2007, for any municipality that
has not entered into a contract or has not issued bonds prior to June 1,
1988 to finance redevelopment project costs within a redevelopment project
area, the Net State Utility Tax Increment shall be calculated as follows:
By multiplying the Net State Utility Tax Increment by 90% in the State
Fiscal Year 1999; 80% in the State Fiscal Year 2000; 70% in the State
Fiscal Year 2001; 60% in the State Fiscal Year 2002; 50% in the State
Fiscal Year 2003; 40% in the State Fiscal Year 2004; 30% in the State
Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in the State
Fiscal Year 2007. No payment shall be made for the State Fiscal Year 2008
and thereafter.
Municipalities that issue bonds in connection with the redevelopment project
during the period from June 1, 1988 until 3 years after the effective date
of this Amendatory Act of 1988 shall receive the Net State Utility Tax
Increment, subject to appropriation, for 15 State Fiscal Years after the
issuance of such bonds. For the 16th through the 20th State Fiscal Years
after issuance of the bonds, the Net State Utility Tax Increment shall be
calculated as follows: By multiplying the Net State Utility Tax Increment
by 90% in year 16; 80% in year 17; 70% in year 18; 60% in year 19; and 50%
in year 20. Refunding of any bonds issued prior to June 1, 1988, shall not
alter the revised Net State Utility Tax Increment payments set forth above.
(l) "Obligations" mean bonds, loans, debentures, notes, special certificates
or other evidence of indebtedness issued by the municipality to carry out
a redevelopment project or to refund outstanding obligations.
(m) "Payment in lieu of taxes" means those estimated tax revenues from
real property in a redevelopment project area derived from real property that
has been acquired by a municipality
which according to the redevelopment project or plan is to be used for a
private use which taxing districts would have received had a municipality
not acquired the real property and adopted tax increment allocation
financing and which would result from
levies made after the time of the adoption of tax increment allocation
financing to the time the current equalized value of real property in the
redevelopment project area exceeds the total initial equalized value of
real property in said area.
(n) "Redevelopment plan" means the comprehensive program of
the municipality for development or redevelopment intended by the payment of
redevelopment project costs to reduce or eliminate those conditions the
existence of which qualified the redevelopment project area as
a "blighted
area" or "conservation area" or combination thereof or "industrial park
conservation area," and thereby to enhance the tax bases of the taxing
districts which extend into the redevelopment project area, provided that, with respect to redevelopment project areas described in subsections (p-1) and (p-2), "redevelopment plan" means the comprehensive program of the affected municipality for the development of qualifying transit facilities.
On and after November 1, 1999 (the effective date of
Public Act 91-478), no
redevelopment plan may be approved or amended that includes the development of
vacant land (i) with a golf course and related clubhouse and other facilities
or (ii) designated by federal, State, county, or municipal government as public
land for outdoor recreational activities or for nature preserves and used for
that purpose within 5
years prior to the adoption of the redevelopment plan. For the purpose of
this subsection, "recreational activities" is limited to mean camping and
hunting.
Each
redevelopment plan shall set forth in writing the program to be undertaken
to accomplish the objectives and shall include but not be limited to:
(A) an itemized list of estimated redevelopment
|
|
(B) evidence indicating that the redevelopment
|
| project area on the whole has not been subject to growth and development through investment by private enterprise, provided that such evidence shall not be required for any redevelopment project area located within a transit facility improvement area established pursuant to Section 11-74.4-3.3;
|
|
(C) an assessment of any financial impact of the
|
| redevelopment project area on or any increased demand for services from any taxing district affected by the plan and any program to address such financial impact or increased demand;
|
|
(D) the sources of funds to pay costs;
(E) the nature and term of the obligations to be
|
|
(F) the most recent equalized assessed valuation of
|
| the redevelopment project area;
|
|
(G) an estimate as to the equalized assessed
|
| valuation after redevelopment and the general land uses to apply in the redevelopment project area;
|
|
(H) a commitment to fair employment practices and an
|
|
(I) if it concerns an industrial park conservation
|
| area, the plan shall also include a general description of any proposed developer, user and tenant of any property, a description of the type, structure and general character of the facilities to be developed, a description of the type, class and number of new employees to be employed in the operation of the facilities to be developed; and
|
|
(J) if property is to be annexed to the municipality,
|
| the plan shall include the terms of the annexation agreement.
|
|
The provisions of items (B) and (C) of this subsection (n) shall not apply to
a municipality that before March 14, 1994 (the effective date of Public Act
88-537) had fixed, either by its
corporate authorities or by a commission designated under subsection (k) of
Section 11-74.4-4, a time and place for a public hearing as required by
subsection (a) of Section 11-74.4-5.
No redevelopment plan shall be adopted unless a
municipality complies with all of the following requirements:
(1) The municipality finds that the redevelopment
|
| project area on the whole has not been subject to growth and development through investment by private enterprise and would not reasonably be anticipated to be developed without the adoption of the redevelopment plan, provided, however, that such a finding shall not be required with respect to any redevelopment project area located within a transit facility improvement area established pursuant to Section 11-74.4-3.3.
|
|
(2) The municipality finds that the redevelopment
|
| plan and project conform to the comprehensive plan for the development of the municipality as a whole, or, for municipalities with a population of 100,000 or more, regardless of when the redevelopment plan and project was adopted, the redevelopment plan and project either: (i) conforms to the strategic economic development or redevelopment plan issued by the designated planning authority of the municipality, or (ii) includes land uses that have been approved by the planning commission of the municipality.
|
|
(3) The redevelopment plan establishes the estimated
|
| dates of completion of the redevelopment project and retirement of obligations issued to finance redevelopment project costs. Those dates may not be later than the dates set forth under Section 11-74.4-3.5.
|
|
A municipality may by municipal ordinance amend an
|
| existing redevelopment plan to conform to this paragraph (3) as amended by Public Act 91-478, which municipal ordinance may be adopted without further hearing or notice and without complying with the procedures provided in this Act pertaining to an amendment to or the initial approval of a redevelopment plan and project and designation of a redevelopment project area.
|
|
(3.5) The municipality finds, in the case of an
|
| industrial park conservation area, also that the municipality is a labor surplus municipality and that the implementation of the redevelopment plan will reduce unemployment, create new jobs and by the provision of new facilities enhance the tax base of the taxing districts that extend into the redevelopment project area.
|
|
(4) If any incremental revenues are being utilized
|
| under Section 8(a)(1) or 8(a)(2) of this Act in redevelopment project areas approved by ordinance after January 1, 1986, the municipality finds: (a) that the redevelopment project area would not reasonably be developed without the use of such incremental revenues, and (b) that such incremental revenues will be exclusively utilized for the development of the redevelopment project area.
|
|
(5) If: (a) the redevelopment plan will not result in
|
| displacement of residents from 10 or more inhabited residential units, and the municipality certifies in the plan that such displacement will not result from the plan; or (b) the redevelopment plan is for a redevelopment project area or a qualifying transit facility located within a transit facility improvement area established pursuant to Section 11-74.4-3.3, and the applicable project is subject to the process for evaluation of environmental effects under the National Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq., then a housing impact study need not be performed. If, however, the redevelopment plan would result in the displacement of residents from 10 or more inhabited residential units, or if the redevelopment project area contains 75 or more inhabited residential units and no certification is made, then the municipality shall prepare, as part of the separate feasibility report required by subsection (a) of Section 11-74.4-5, a housing impact study.
|
|
Part I of the housing impact study shall include (i)
|
| data as to whether the residential units are single family or multi-family units, (ii) the number and type of rooms within the units, if that information is available, (iii) whether the units are inhabited or uninhabited, as determined not less than 45 days before the date that the ordinance or resolution required by subsection (a) of Section 11-74.4-5 is passed, and (iv) data as to the racial and ethnic composition of the residents in the inhabited residential units. The data requirement as to the racial and ethnic composition of the residents in the inhabited residential units shall be deemed to be fully satisfied by data from the most recent federal census.
|
|
Part II of the housing impact study shall identify
|
| the inhabited residential units in the proposed redevelopment project area that are to be or may be removed. If inhabited residential units are to be removed, then the housing impact study shall identify (i) the number and location of those units that will or may be removed, (ii) the municipality's plans for relocation assistance for those residents in the proposed redevelopment project area whose residences are to be removed, (iii) the availability of replacement housing for those residents whose residences are to be removed, and shall identify the type, location, and cost of the housing, and (iv) the type and extent of relocation assistance to be provided.
|
|
(6) On and after November 1, 1999, the housing impact
|
| study required by paragraph (5) shall be incorporated in the redevelopment plan for the redevelopment project area.
|
|
(7) On and after November 1, 1999, no redevelopment
|
| plan shall be adopted, nor an existing plan amended, nor shall residential housing that is occupied by households of low-income and very low-income persons in currently existing redevelopment project areas be removed after November 1, 1999 unless the redevelopment plan provides, with respect to inhabited housing units that are to be removed for households of low-income and very low-income persons, affordable housing and relocation assistance not less than that which would be provided under the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the regulations under that Act, including the eligibility criteria. Affordable housing may be either existing or newly constructed housing. For purposes of this paragraph (7), "low-income households", "very low-income households", and "affordable housing" have the meanings set forth in the Illinois Affordable Housing Act. The municipality shall make a good faith effort to ensure that this affordable housing is located in or near the redevelopment project area within the municipality.
|
|
(8) On and after November 1, 1999, if, after the
|
| adoption of the redevelopment plan for the redevelopment project area, any municipality desires to amend its redevelopment plan to remove more inhabited residential units than specified in its original redevelopment plan, that change shall be made in accordance with the procedures in subsection (c) of Section 11-74.4-5.
|
|
(9) For redevelopment project areas designated prior
|
| to November 1, 1999, the redevelopment plan may be amended without further joint review board meeting or hearing, provided that the municipality shall give notice of any such changes by mail to each affected taxing district and registrant on the interested party registry, to authorize the municipality to expend tax increment revenues for redevelopment project costs defined by paragraphs (5) and (7.5), subparagraphs (E) and (F) of paragraph (11), and paragraph (11.5) of subsection (q) of Section 11-74.4-3, so long as the changes do not increase the total estimated redevelopment project costs set out in the redevelopment plan by more than 5% after adjustment for inflation from the date the plan was adopted.
|
|
(o) "Redevelopment project" means any public and private development project
in furtherance of the objectives of a redevelopment plan.
On and after November 1, 1999 (the effective date of Public Act 91-478), no
redevelopment plan may be approved or amended that includes the development
of vacant land (i) with a golf course and related clubhouse and other
facilities
or (ii) designated by federal, State, county, or municipal government as public
land for outdoor recreational activities or for nature preserves and used for
that purpose within 5
years prior to the adoption of the redevelopment plan. For the purpose of
this subsection, "recreational activities" is limited to mean camping and
hunting.
(p) "Redevelopment project area" means an area designated by
the
municipality, which is not less in the aggregate than 1 1/2 acres and in
respect to which the municipality has made a finding that there exist
conditions which cause the area to be classified as an industrial park
conservation area or a blighted area or a conservation area, or a
combination of both blighted areas and conservation areas.
(p-1) Notwithstanding any provision of this Act to the contrary, on and after August 25, 2009 (the effective date of Public Act 96-680), a redevelopment project area may include areas within a one-half mile radius of an existing or proposed Regional Transportation Authority Suburban Transit Access Route (STAR Line) station without a finding that the area is classified as an industrial park conservation area, a blighted area, a conservation area, or a combination thereof, but only if the municipality receives unanimous consent from the joint review board created to review the proposed redevelopment project area.
(p-2) Notwithstanding any provision of this Act to the contrary, on and after the effective date of this amendatory Act of the 99th General Assembly, a redevelopment project area may include areas within a transit facility improvement area that has been established pursuant to Section 11-74.4-3.3 without a finding that the area is classified as an industrial park conservation area, a blighted area, a conservation area, or any combination thereof.
(q) "Redevelopment project costs", except for redevelopment project areas created pursuant to subsection (p-1) or (p-2), means and includes the sum total of all
reasonable or necessary costs incurred or estimated to be incurred, and
any such costs incidental to a redevelopment plan and a redevelopment
project. Such costs include, without limitation, the following:
(1) Costs of studies, surveys, development of plans,
|
| and specifications, implementation and administration of the redevelopment plan including but not limited to staff and professional service costs for architectural, engineering, legal, financial, planning or other services, provided however that no charges for professional services may be based on a percentage of the tax increment collected; except that on and after November 1, 1999 (the effective date of Public Act 91-478), no contracts for professional services, excluding architectural and engineering services, may be entered into if the terms of the contract extend beyond a period of 3 years. In addition, "redevelopment project costs" shall not include lobbying expenses. After consultation with the municipality, each tax increment consultant or advisor to a municipality that plans to designate or has designated a redevelopment project area shall inform the municipality in writing of any contracts that the consultant or advisor has entered into with entities or individuals that have received, or are receiving, payments financed by tax increment revenues produced by the redevelopment project area with respect to which the consultant or advisor has performed, or will be performing, service for the municipality. This requirement shall be satisfied by the consultant or advisor before the commencement of services for the municipality and thereafter whenever any other contracts with those individuals or entities are executed by the consultant or advisor;
|
|
(1.5) After July 1, 1999, annual administrative costs
|
| shall not include general overhead or administrative costs of the municipality that would still have been incurred by the municipality if the municipality had not designated a redevelopment project area or approved a redevelopment plan;
|
|
(1.6) The cost of marketing sites within the
|
| redevelopment project area to prospective businesses, developers, and investors;
|
|
(2) Property assembly costs, including but not
|
| limited to acquisition of land and other property, real or personal, or rights or interests therein, demolition of buildings, site preparation, site improvements that serve as an engineered barrier addressing ground level or below ground environmental contamination, including, but not limited to parking lots and other concrete or asphalt barriers, and the clearing and grading of land;
|
|
(3) Costs of rehabilitation, reconstruction or repair
|
| or remodeling of existing public or private buildings, fixtures, and leasehold improvements; and the cost of replacing an existing public building if pursuant to the implementation of a redevelopment project the existing public building is to be demolished to use the site for private investment or devoted to a different use requiring private investment; including any direct or indirect costs relating to Green Globes or LEED certified construction elements or construction elements with an equivalent certification;
|
|
(4) Costs of the construction of public works or
|
| improvements, including any direct or indirect costs relating to Green Globes or LEED certified construction elements or construction elements with an equivalent certification, except that on and after November 1, 1999, redevelopment project costs shall not include the cost of constructing a new municipal public building principally used to provide offices, storage space, or conference facilities or vehicle storage, maintenance, or repair for administrative, public safety, or public works personnel and that is not intended to replace an existing public building as provided under paragraph (3) of subsection (q) of Section 11-74.4-3 unless either (i) the construction of the new municipal building implements a redevelopment project that was included in a redevelopment plan that was adopted by the municipality prior to November 1, 1999, (ii) the municipality makes a reasonable determination in the redevelopment plan, supported by information that provides the basis for that determination, that the new municipal building is required to meet an increase in the need for public safety purposes anticipated to result from the implementation of the redevelopment plan, or (iii) the new municipal public building is for the storage, maintenance, or repair of transit vehicles and is located in a transit facility improvement area that has been established pursuant to Section 11-74.4-3.3;
|
|
(5) Costs of job training and retraining projects,
|
| including the cost of "welfare to work" programs implemented by businesses located within the redevelopment project area;
|
|
(6) Financing costs, including but not limited to all
|
| necessary and incidental expenses related to the issuance of obligations and which may include payment of interest on any obligations issued hereunder including interest accruing during the estimated period of construction of any redevelopment project for which such obligations are issued and for not exceeding 36 months thereafter and including reasonable reserves related thereto;
|
|
(7) To the extent the municipality by written
|
| agreement accepts and approves the same, all or a portion of a taxing district's capital costs resulting from the redevelopment project necessarily incurred or to be incurred within a taxing district in furtherance of the objectives of the redevelopment plan and project;
|
|
(7.5) For redevelopment project areas designated (or
|
| redevelopment project areas amended to add or increase the number of tax-increment-financing assisted housing units) on or after November 1, 1999, an elementary, secondary, or unit school district's increased costs attributable to assisted housing units located within the redevelopment project area for which the developer or redeveloper receives financial assistance through an agreement with the municipality or because the municipality incurs the cost of necessary infrastructure improvements within the boundaries of the assisted housing sites necessary for the completion of that housing as authorized by this Act, and which costs shall be paid by the municipality from the Special Tax Allocation Fund when the tax increment revenue is received as a result of the assisted housing units and shall be calculated annually as follows:
|
|
(A) for foundation districts, excluding any
|
| school district in a municipality with a population in excess of 1,000,000, by multiplying the district's increase in attendance resulting from the net increase in new students enrolled in that school district who reside in housing units within the redevelopment project area that have received financial assistance through an agreement with the municipality or because the municipality incurs the cost of necessary infrastructure improvements within the boundaries of the housing sites necessary for the completion of that housing as authorized by this Act since the designation of the redevelopment project area by the most recently available per capita tuition cost as defined in Section 10-20.12a of the School Code less any increase in general State aid as defined in Section 18-8.05 of the School Code or evidence-based funding as defined in Section 18-8.15 of the School Code attributable to these added new students subject to the following annual limitations:
|
|
(i) for unit school districts with a district
|
| average 1995-96 Per Capita Tuition Charge of less than $5,900, no more than 25% of the total amount of property tax increment revenue produced by those housing units that have received tax increment finance assistance under this Act;
|
|
(ii) for elementary school districts with a
|
| district average 1995-96 Per Capita Tuition Charge of less than $5,900, no more than 17% of the total amount of property tax increment revenue produced by those housing units that have received tax increment finance assistance under this Act; and
|
|
(iii) for secondary school districts with a
|
| district average 1995-96 Per Capita Tuition Charge of less than $5,900, no more than 8% of the total amount of property tax increment revenue produced by those housing units that have received tax increment finance assistance under this Act.
|
|
(B) For alternate method districts, flat grant
|
| districts, and foundation districts with a district average 1995-96 Per Capita Tuition Charge equal to or more than $5,900, excluding any school district with a population in excess of 1,000,000, by multiplying the district's increase in attendance resulting from the net increase in new students enrolled in that school district who reside in housing units within the redevelopment project area that have received financial assistance through an agreement with the municipality or because the municipality incurs the cost of necessary infrastructure improvements within the boundaries of the housing sites necessary for the completion of that housing as authorized by this Act since the designation of the redevelopment project area by the most recently available per capita tuition cost as defined in Section 10-20.12a of the School Code less any increase in general state aid as defined in Section 18-8.05 of the School Code or evidence-based funding as defined in Section 18-8.15 of the School Code attributable to these added new students subject to the following annual limitations:
|
|
(i) for unit school districts, no more than
|
| 40% of the total amount of property tax increment revenue produced by those housing units that have received tax increment finance assistance under this Act;
|
|
(ii) for elementary school districts, no more
|
| than 27% of the total amount of property tax increment revenue produced by those housing units that have received tax increment finance assistance under this Act; and
|
|
(iii) for secondary school districts, no more
|
| than 13% of the total amount of property tax increment revenue produced by those housing units that have received tax increment finance assistance under this Act.
|
|
(C) For any school district in a municipality
|
| with a population in excess of 1,000,000, the following restrictions shall apply to the reimbursement of increased costs under this paragraph (7.5):
|
|
(i) no increased costs shall be reimbursed
|
| unless the school district certifies that each of the schools affected by the assisted housing project is at or over its student capacity;
|
|
(ii) the amount reimbursable shall be reduced
|
| by the value of any land donated to the school district by the municipality or developer, and by the value of any physical improvements made to the schools by the municipality or developer; and
|
|
(iii) the amount reimbursed may not affect
|
| amounts otherwise obligated by the terms of any bonds, notes, or other funding instruments, or the terms of any redevelopment agreement.
|
|
Any school district seeking payment under this
|
| paragraph (7.5) shall, after July 1 and before September 30 of each year, provide the municipality with reasonable evidence to support its claim for reimbursement before the municipality shall be required to approve or make the payment to the school district. If the school district fails to provide the information during this period in any year, it shall forfeit any claim to reimbursement for that year. School districts may adopt a resolution waiving the right to all or a portion of the reimbursement otherwise required by this paragraph (7.5). By acceptance of this reimbursement the school district waives the right to directly or indirectly set aside, modify, or contest in any manner the establishment of the redevelopment project area or projects;
|
|
(7.7) For redevelopment project areas designated (or
|
| redevelopment project areas amended to add or increase the number of tax-increment-financing assisted housing units) on or after January 1, 2005 (the effective date of Public Act 93-961), a public library district's increased costs attributable to assisted housing units located within the redevelopment project area for which the developer or redeveloper receives financial assistance through an agreement with the municipality or because the municipality incurs the cost of necessary infrastructure improvements within the boundaries of the assisted housing sites necessary for the completion of that housing as authorized by this Act shall be paid to the library district by the municipality from the Special Tax Allocation Fund when the tax increment revenue is received as a result of the assisted housing units. This paragraph (7.7) applies only if (i) the library district is located in a county that is subject to the Property Tax Extension Limitation Law or (ii) the library district is not located in a county that is subject to the Property Tax Extension Limitation Law but the district is prohibited by any other law from increasing its tax levy rate without a prior voter referendum.
|
|
The amount paid to a library district under this
|
| paragraph (7.7) shall be calculated by multiplying (i) the net increase in the number of persons eligible to obtain a library card in that district who reside in housing units within the redevelopment project area that have received financial assistance through an agreement with the municipality or because the municipality incurs the cost of necessary infrastructure improvements within the boundaries of the housing sites necessary for the completion of that housing as authorized by this Act since the designation of the redevelopment project area by (ii) the per-patron cost of providing library services so long as it does not exceed $120. The per-patron cost shall be the Total Operating Expenditures Per Capita for the library in the previous fiscal year. The municipality may deduct from the amount that it must pay to a library district under this paragraph any amount that it has voluntarily paid to the library district from the tax increment revenue. The amount paid to a library district under this paragraph (7.7) shall be no more than 2% of the amount produced by the assisted housing units and deposited into the Special Tax Allocation Fund.
|
|
A library district is not eligible for any payment
|
| under this paragraph (7.7) unless the library district has experienced an increase in the number of patrons from the municipality that created the tax-increment-financing district since the designation of the redevelopment project area.
|
|
Any library district seeking payment under this
|
| paragraph (7.7) shall, after July 1 and before September 30 of each year, provide the municipality with convincing evidence to support its claim for reimbursement before the municipality shall be required to approve or make the payment to the library district. If the library district fails to provide the information during this period in any year, it shall forfeit any claim to reimbursement for that year. Library districts may adopt a resolution waiving the right to all or a portion of the reimbursement otherwise required by this paragraph (7.7). By acceptance of such reimbursement, the library district shall forfeit any right to directly or indirectly set aside, modify, or contest in any manner whatsoever the establishment of the redevelopment project area or projects;
|
|
(8) Relocation costs to the extent that a
|
| municipality determines that relocation costs shall be paid or is required to make payment of relocation costs by federal or State law or in order to satisfy subparagraph (7) of subsection (n);
|
|
(9) Payment in lieu of taxes;
(10) Costs of job training, retraining, advanced
|
| vocational education or career education, including but not limited to courses in occupational, semi-technical or technical fields leading directly to employment, incurred by one or more taxing districts, provided that such costs (i) are related to the establishment and maintenance of additional job training, advanced vocational education or career education programs for persons employed or to be employed by employers located in a redevelopment project area; and (ii) when incurred by a taxing district or taxing districts other than the municipality, are set forth in a written agreement by or among the municipality and the taxing district or taxing districts, which agreement describes the program to be undertaken, including but not limited to the number of employees to be trained, a description of the training and services to be provided, the number and type of positions available or to be available, itemized costs of the program and sources of funds to pay for the same, and the term of the agreement. Such costs include, specifically, the payment by community college districts of costs pursuant to Sections 3-37, 3-38, 3-40 and 3-40.1 of the Public Community College Act and by school districts of costs pursuant to Sections 10-22.20a and 10-23.3a of the School Code;
|
|
(11) Interest cost incurred by a redeveloper related
|
| to the construction, renovation or rehabilitation of a redevelopment project provided that:
|
|
(A) such costs are to be paid directly from the
|
| special tax allocation fund established pursuant to this Act;
|
|
(B) such payments in any one year may not exceed
|
| 30% of the annual interest costs incurred by the redeveloper with regard to the redevelopment project during that year;
|
|
(C) if there are not sufficient funds available
|
| in the special tax allocation fund to make the payment pursuant to this paragraph (11) then the amounts so due shall accrue and be payable when sufficient funds are available in the special tax allocation fund;
|
|
(D) the total of such interest payments paid
|
| pursuant to this Act may not exceed 30% of the total (i) cost paid or incurred by the redeveloper for the redevelopment project plus (ii) redevelopment project costs excluding any property assembly costs and any relocation costs incurred by a municipality pursuant to this Act;
|
|
(E) the cost limits set forth in subparagraphs
|
| (B) and (D) of paragraph (11) shall be modified for the financing of rehabilitated or new housing units for low-income households and very low-income households, as defined in Section 3 of the Illinois Affordable Housing Act. The percentage of 75% shall be substituted for 30% in subparagraphs (B) and (D) of paragraph (11); and
|
|
(F) instead of the eligible costs provided by
|
| subparagraphs (B) and (D) of paragraph (11), as modified by this subparagraph, and notwithstanding any other provisions of this Act to the contrary, the municipality may pay from tax increment revenues up to 50% of the cost of construction of new housing units to be occupied by low-income households and very low-income households as defined in Section 3 of the Illinois Affordable Housing Act. The cost of construction of those units may be derived from the proceeds of bonds issued by the municipality under this Act or other constitutional or statutory authority or from other sources of municipal revenue that may be reimbursed from tax increment revenues or the proceeds of bonds issued to finance the construction of that housing.
|
|
The eligible costs provided under this
|
| subparagraph (F) of paragraph (11) shall be an eligible cost for the construction, renovation, and rehabilitation of all low and very low-income housing units, as defined in Section 3 of the Illinois Affordable Housing Act, within the redevelopment project area. If the low and very low-income units are part of a residential redevelopment project that includes units not affordable to low and very low-income households, only the low and very low-income units shall be eligible for benefits under this subparagraph (F) of paragraph (11). The standards for maintaining the occupancy by low-income households and very low-income households, as defined in Section 3 of the Illinois Affordable Housing Act, of those units constructed with eligible costs made available under the provisions of this subparagraph (F) of paragraph (11) shall be established by guidelines adopted by the municipality. The responsibility for annually documenting the initial occupancy of the units by low-income households and very low-income households, as defined in Section 3 of the Illinois Affordable Housing Act, shall be that of the then current owner of the property. For ownership units, the guidelines will provide, at a minimum, for a reasonable recapture of funds, or other appropriate methods designed to preserve the original affordability of the ownership units. For rental units, the guidelines will provide, at a minimum, for the affordability of rent to low and very low-income households. As units become available, they shall be rented to income-eligible tenants. The municipality may modify these guidelines from time to time; the guidelines, however, shall be in effect for as long as tax increment revenue is being used to pay for costs associated with the units or for the retirement of bonds issued to finance the units or for the life of the redevelopment project area, whichever is later;
|
|
(11.5) If the redevelopment project area is located
|
| within a municipality with a population of more than 100,000, the cost of day care services for children of employees from low-income families working for businesses located within the redevelopment project area and all or a portion of the cost of operation of day care centers established by redevelopment project area businesses to serve employees from low-income families working in businesses located in the redevelopment project area. For the purposes of this paragraph, "low-income families" means families whose annual income does not exceed 80% of the municipal, county, or regional median income, adjusted for family size, as the annual income and municipal, county, or regional median income are determined from time to time by the United States Department of Housing and Urban Development.
|
|
(12) Costs relating to the development of urban
|
| agricultural areas under Division 15.2 of the Illinois Municipal Code.
|
|
Unless explicitly stated herein the cost of construction of new
privately-owned buildings shall not be an eligible redevelopment project cost.
After November 1, 1999 (the effective date of Public Act
91-478), none of
the
redevelopment project costs enumerated in this subsection shall be eligible
redevelopment project costs if those costs would provide direct financial
support to a
retail entity initiating operations in the
redevelopment project area while
terminating operations at another Illinois location within 10 miles of the
redevelopment project area but outside the boundaries of the redevelopment
project area municipality. For
purposes of this paragraph, termination means a
closing of a retail operation that is directly related to the opening of the
same operation or like retail entity owned or operated by more than 50% of the
original ownership in a redevelopment project area, but
it does not mean
closing an operation for reasons beyond the control of the
retail entity, as
documented by the retail entity, subject to a reasonable finding by the
municipality that the current location contained inadequate space, had become
economically obsolete, or was no longer a viable location for the retailer or
serviceman.
No cost shall be a redevelopment project cost in a redevelopment project area if used to demolish, remove, or substantially modify a historic resource, after August 26, 2008 (the effective date of Public Act 95-934), unless no prudent and feasible alternative exists. "Historic resource" for the purpose of this paragraph means (i) a place or structure that is included or eligible for inclusion on the National Register of Historic Places or (ii) a contributing structure in a district on the National Register of Historic Places. This paragraph does not apply to a place or structure for which demolition, removal, or modification is subject to review by the preservation agency of a Certified Local Government designated as such by the National Park Service of the United States Department of the Interior.
If a special service area has been established pursuant to
the Special Service Area Tax Act or Special Service Area Tax Law, then any
tax increment revenues derived
from the tax imposed pursuant to the Special Service Area Tax Act or Special
Service Area Tax Law may
be used within the redevelopment project area for the purposes permitted by
that Act or Law as well as the purposes permitted by this Act.
(q-1) For redevelopment project areas created pursuant to subsection (p-1), redevelopment project costs are limited to those costs in paragraph (q) that are related to the existing or proposed Regional Transportation Authority Suburban Transit Access Route (STAR Line) station.
(q-2) For a transit facility improvement area established prior to, on, or after the effective date of this amendatory Act of the 102nd General Assembly: (i) "redevelopment project costs" means those costs described in subsection (q) that are related to the construction, reconstruction, rehabilitation, remodeling, or repair of any existing or proposed transit facility, whether that facility is located within or outside the boundaries of a redevelopment project area established within that transit facility improvement area (and, to the extent a redevelopment project cost is described in subsection (q) as incurred or estimated to be incurred with respect to a redevelopment project area, then it shall apply with respect to such transit facility improvement area); and (ii) the provisions of Section 11-74.4-8 regarding tax increment allocation financing for a redevelopment project area located in a transit facility improvement area shall apply only to the lots, blocks, tracts and parcels of real property that are located within the boundaries of that redevelopment project area and not to the lots, blocks, tracts, and parcels of real property that are located outside the boundaries of that redevelopment project area.
(r) "State Sales Tax Boundary" means the redevelopment project area or
the amended redevelopment project area boundaries which are determined
pursuant to subsection (9) of Section 11-74.4-8a of this
Act. The Department of Revenue shall certify pursuant to subsection (9) of
Section 11-74.4-8a the appropriate boundaries eligible for the
determination of State Sales Tax Increment.
(s) "State Sales Tax Increment" means an amount equal to the increase
in the aggregate amount of taxes paid by retailers and servicemen, other
than retailers and servicemen subject to the Public Utilities Act,
on transactions at places of business located within a State Sales Tax
Boundary pursuant to the Retailers' Occupation Tax Act, the Use Tax Act,
the Service Use Tax Act, and the Service Occupation Tax Act, except such
portion of such increase that is paid into the State and Local Sales Tax
Reform Fund, the Local Government Distributive Fund, the Local
Government Tax Fund and the County and Mass Transit District Fund, for as
long as State participation exists, over and above the Initial Sales Tax
Amounts, Adjusted Initial Sales Tax Amounts or the Revised Initial Sales
Tax Amounts for such taxes as certified by the Department of Revenue and
paid under those Acts by retailers and servicemen on transactions at places
of business located within the State Sales Tax Boundary during the base
year which shall be the calendar year immediately prior to the year in
which the municipality adopted tax increment allocation financing, less
3.0% of such amounts generated under the Retailers' Occupation Tax Act, Use
Tax Act and Service Use Tax Act and the Service Occupation Tax Act, which
sum shall be appropriated to the Department of Revenue to cover its costs
of administering and enforcing this Section. For purposes of computing the
aggregate amount of such taxes for base years occurring prior to 1985, the
Department of Revenue shall compute the Initial Sales Tax Amount for such
taxes and deduct therefrom an amount equal to 4% of the aggregate amount of
taxes per year for each year the base year is prior to 1985, but not to
exceed a total deduction of 12%. The amount so determined shall be known
as the "Adjusted Initial Sales Tax Amount". For purposes of determining the
State Sales Tax Increment the Department of Revenue shall for each period
subtract from the tax amounts received from retailers and servicemen on
transactions located in the State Sales Tax Boundary, the certified Initial
Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or Revised Initial
Sales Tax Amounts for the Retailers' Occupation Tax Act, the Use Tax Act,
the Service Use Tax Act and the Service Occupation Tax Act. For the State
Fiscal Year 1989 this calculation shall be made by utilizing the calendar
year 1987 to determine the tax amounts received. For the State Fiscal Year
1990, this calculation shall be made by utilizing the period from January
1, 1988, until September 30, 1988, to determine the tax amounts received
from retailers and servicemen, which shall have deducted therefrom
nine-twelfths of the certified Initial Sales Tax Amounts, Adjusted Initial
Sales Tax Amounts or the Revised Initial Sales Tax Amounts as appropriate.
For the State Fiscal Year 1991, this calculation shall be made by utilizing
the period from October 1, 1988, until June 30, 1989, to determine the tax
amounts received from retailers and servicemen, which shall have
deducted therefrom nine-twelfths of the certified Initial State Sales Tax
Amounts, Adjusted Initial Sales Tax Amounts or the Revised Initial Sales
Tax Amounts as appropriate. For every State Fiscal Year thereafter, the
applicable period shall be the 12 months beginning July 1 and ending on
June 30, to determine the tax amounts received which shall have deducted
therefrom the certified Initial Sales Tax Amounts, Adjusted Initial Sales
Tax Amounts or the Revised Initial Sales Tax Amounts. Municipalities
intending to receive a distribution of State Sales Tax Increment must
report a list of retailers to the Department of Revenue by October 31, 1988
and by July 31, of each year thereafter.
(t) "Taxing districts" means counties, townships, cities and incorporated
towns and villages, school, road, park, sanitary, mosquito abatement, forest
preserve, public health, fire protection, river conservancy, tuberculosis
sanitarium and any other municipal corporations or districts with the power
to levy taxes.
(u) "Taxing districts' capital costs" means those costs of taxing districts
for capital improvements that are found by the municipal corporate authorities
to be necessary and directly result from the redevelopment project.
(v) As used in subsection (a) of Section 11-74.4-3 of this
Act, "vacant
land" means any parcel or combination of parcels of real property without
industrial, commercial, and residential buildings which has not been used
for commercial agricultural purposes within 5 years prior to the
designation of the redevelopment project area, unless the parcel
is included in an industrial park conservation area or the parcel has
been subdivided; provided that if the parcel was part of a larger tract that
has been divided into 3 or more smaller tracts that were accepted for
recording during the period from 1950 to 1990, then the parcel shall be deemed
to have been subdivided, and all proceedings and actions of the municipality
taken in that connection with respect to any previously approved or designated
redevelopment project area or amended redevelopment project area are hereby
validated and hereby declared to be legally sufficient for all purposes of this
Act.
For purposes of this Section and only for land subject to
the subdivision requirements of the Plat Act, land is subdivided when the
original plat of
the proposed Redevelopment Project Area or relevant portion thereof has
been
properly certified, acknowledged, approved, and recorded or filed in accordance
with the Plat Act and a preliminary plat, if any, for any subsequent phases of
the
proposed Redevelopment Project Area or relevant portion thereof has been
properly approved and filed in accordance with the applicable ordinance of the
municipality.
(w) "Annual Total Increment" means the sum of each municipality's
annual Net Sales Tax Increment and each municipality's annual Net Utility
Tax Increment. The ratio of the Annual Total Increment of each
municipality to the Annual Total Increment for all municipalities, as most
recently calculated by the Department, shall determine the proportional
shares of the Illinois Tax Increment Fund to be distributed to each
municipality.
(x) "LEED certified" means any certification level of construction elements by a qualified Leadership in Energy and Environmental Design Accredited Professional as determined by the U.S. Green Building Council.
(y) "Green Globes certified" means any certification level of construction elements by a qualified Green Globes Professional as determined by the Green Building Initiative.
(Source: P.A. 102-627, eff. 8-27-21.)
|
(65 ILCS 5/11-74.4-3.5) Sec. 11-74.4-3.5. Completion dates for redevelopment projects. (a) Unless otherwise stated in this Section, the estimated dates of completion of the redevelopment project and retirement of obligations issued to finance redevelopment project costs (including refunding bonds under Section 11-74.4-7) may not be later than December 31 of the year in which the payment to the municipal treasurer, as provided in subsection (b) of Section 11-74.4-8 of this Act, is to be made with respect to ad valorem taxes levied in the 23rd calendar year after the year in which the ordinance approving the redevelopment project area was adopted if the ordinance was adopted on or after January 15, 1981. (a-5) If the redevelopment project area is located within a transit facility improvement area established pursuant to Section 11-74.4-3, the estimated dates of completion of the redevelopment project and retirement of obligations issued to finance redevelopment project costs (including refunding bonds under Section 11-74.4-7) may not be later than December 31 of the year in which the payment to the municipal treasurer, as provided in subsection (b) of Section 11-74.4-8 of this Act, is to be made with respect to ad valorem taxes levied in the 35th calendar year after the year in which the ordinance approving the redevelopment project area was adopted. (a-7) A municipality may adopt tax increment financing for a redevelopment project area located in a transit facility improvement area that also includes real property located within an existing redevelopment project area established prior to August 12, 2016 (the effective date of Public Act 99-792). In such case: (i) the provisions of this Division shall apply with respect to the previously established redevelopment project area until the municipality adopts, as required in accordance with applicable provisions of this Division, an ordinance dissolving the special tax allocation fund for such redevelopment project area and terminating the designation of such redevelopment project area as a redevelopment project area; and (ii) after the effective date of the ordinance described in (i), the provisions of this Division shall apply with respect to the subsequently established redevelopment project area located in a transit facility improvement area. (b) The estimated dates of completion of the redevelopment project and retirement of obligations issued to finance redevelopment project costs (including refunding bonds under Section 11-74.4-7) may not be later than December 31 of the year in which the payment to the municipal treasurer as provided in subsection (b) of Section 11-74.4-8 of this Act is to be made with respect to ad valorem taxes levied in the 32nd calendar year after the year in which the ordinance approving the redevelopment project area was adopted if the ordinance was adopted on September 9, 1999 by the Village of Downs. The estimated dates of completion of the redevelopment project and retirement of obligations issued to finance redevelopment project costs (including refunding bonds under Section 11-74.4-7) may not be later than December 31 of the year in which the payment to the municipal treasurer as provided in subsection (b) of Section 11-74.4-8 of this Act is to be made with respect to ad valorem taxes levied in the 33rd calendar year after the year in which the ordinance approving the redevelopment project area was adopted if the ordinance was adopted on May 20, 1985 by the Village of Wheeling. The estimated dates of completion of the redevelopment project and retirement of obligations issued to finance redevelopment project costs (including refunding bonds under Section 11-74.4-7) may not be later than December 31 of the year in which the payment to the municipal treasurer as provided in subsection (b) of Section 11-74.4-8 of this Act is to be made with respect to ad valorem taxes levied in the 28th calendar year after the year in which the ordinance approving the redevelopment project area was adopted if the ordinance was adopted on October 12, 1989 by the City of Lawrenceville. (c) The estimated dates of completion of the redevelopment project and retirement of obligations issued to finance redevelopment project costs (including refunding bonds under Section 11-74.4-7) may not be later than December 31 of the year in which the payment to the municipal treasurer as provided in subsection (b) of Section 11-74.4-8 of this Act is to be made with respect to ad valorem taxes levied in the 35th calendar year after the year in which the ordinance approving the redevelopment project area was adopted: (1) If the ordinance was adopted before January 15, |
|
(2) If the ordinance was adopted in December 1983,
|
| April 1984, July 1985, or December 1989.
|
|
(3) If the ordinance was adopted in December 1987 and
|
| the redevelopment project is located within one mile of Midway Airport.
|
|
(4) If the ordinance was adopted before January 1,
|
| 1987 by a municipality in Mason County.
|
|
(5) If the municipality is subject to the Local
|
| Government Financial Planning and Supervision Act or the Financially Distressed City Law.
|
|
(6) If the ordinance was adopted in December 1984 by
|
|
(7) If the ordinance was adopted on December 31, 1986
|
| by a municipality located in Clinton County for which at least $250,000 of tax increment bonds were authorized on June 17, 1997, or if the ordinance was adopted on December 31, 1986 by a municipality with a population in 1990 of less than 3,600 that is located in a county with a population in 1990 of less than 34,000 and for which at least $250,000 of tax increment bonds were authorized on June 17, 1997.
|
|
(8) If the ordinance was adopted on October 5, 1982
|
| by the City of Kankakee, or if the ordinance was adopted on December 29, 1986 by East St. Louis.
|
|
(9) If the ordinance was adopted on November 12, 1991
|
| by the Village of Sauget.
|
|
(10) If the ordinance was adopted on February 11,
|
| 1985 by the City of Rock Island.
|
|
(11) If the ordinance was adopted before December 18,
|
| 1986 by the City of Moline.
|
|
(12) If the ordinance was adopted in September 1988
|
|
(13) If the ordinance was adopted in October 1993 by
|
|
(14) If the ordinance was adopted on December 29,
|
| 1986 by the City of Galva.
|
|
(15) If the ordinance was adopted in March 1991 by
|
|
(16) If the ordinance was adopted on January 23, 1991
|
| by the City of East St. Louis.
|
|
(17) If the ordinance was adopted on December 22,
|
| 1986 by the City of Aledo.
|
|
(18) If the ordinance was adopted on February 5, 1990
|
|
(19) If the ordinance was adopted on September 6,
|
| 1994 by the City of Freeport.
|
|
(20) If the ordinance was adopted on December 22,
|
| 1986 by the City of Tuscola.
|
|
(21) If the ordinance was adopted on December 23,
|
| 1986 by the City of Sparta.
|
|
(22) If the ordinance was adopted on December 23,
|
| 1986 by the City of Beardstown.
|
|
(23) If the ordinance was adopted on April 27, 1981,
|
| October 21, 1985, or December 30, 1986 by the City of Belleville.
|
|
(24) If the ordinance was adopted on December 29,
|
| 1986 by the City of Collinsville.
|
|
(25) If the ordinance was adopted on September 14,
|
| 1994 by the City of Alton.
|
|
(26) If the ordinance was adopted on November 11,
|
| 1996 by the City of Lexington.
|
|
(27) If the ordinance was adopted on November 5, 1984
|
|
(28) If the ordinance was adopted on April 3, 1991 or
|
| June 3, 1992 by the City of Markham.
|
|
(29) If the ordinance was adopted on November 11,
|
| 1986 by the City of Pekin.
|
|
(30) If the ordinance was adopted on December 15,
|
| 1981 by the City of Champaign.
|
|
(31) If the ordinance was adopted on December 15,
|
| 1986 by the City of Urbana.
|
|
(32) If the ordinance was adopted on December 15,
|
| 1986 by the Village of Heyworth.
|
|
(33) If the ordinance was adopted on February 24,
|
| 1992 by the Village of Heyworth.
|
|
(34) If the ordinance was adopted on March 16, 1995
|
| by the Village of Heyworth.
|
|
(35) If the ordinance was adopted on December 23,
|
| 1986 by the Town of Cicero.
|
|
(36) If the ordinance was adopted on December 30,
|
| 1986 by the City of Effingham.
|
|
(37) If the ordinance was adopted on May 9, 1991 by
|
|
(38) If the ordinance was adopted on October 20, 1986
|
|
(39) If the ordinance was adopted on January 19, 1988
|
|
(40) If the ordinance was adopted on September 21,
|
| 1998 by the City of Waukegan.
|
|
(41) If the ordinance was adopted on December 31,
|
| 1986 by the City of Sullivan.
|
|
(42) If the ordinance was adopted on December 23,
|
| 1991 by the City of Sullivan.
|
|
(43) If the ordinance was adopted on December 31,
|
| 1986 by the City of Oglesby.
|
|
(44) If the ordinance was adopted on July 28, 1987 by
|
|
(45) If the ordinance was adopted on April 23, 1990
|
|
(46) If the ordinance was adopted on August 20, 1985
|
| by the Village of Mount Prospect.
|
|
(47) If the ordinance was adopted on February 2, 1998
|
| by the Village of Woodhull.
|
|
(48) If the ordinance was adopted on April 20, 1993
|
| by the Village of Princeville.
|
|
(49) If the ordinance was adopted on July 1, 1986 by
|
| the City of Granite City.
|
|
(50) If the ordinance was adopted on February 2, 1989
|
| by the Village of Lombard.
|
|
(51) If the ordinance was adopted on December 29,
|
| 1986 by the Village of Gardner.
|
|
(52) If the ordinance was adopted on July 14, 1999 by
|
|
(53) If the ordinance was adopted on November 17,
|
| 1986 by the Village of Franklin Park.
|
|
(54) If the ordinance was adopted on November 20,
|
| 1989 by the Village of South Holland.
|
|
(55) If the ordinance was adopted on July 14, 1992 by
|
| the Village of Riverdale.
|
|
(56) If the ordinance was adopted on December 29,
|
| 1986 by the City of Galesburg.
|
|
(57) If the ordinance was adopted on April 1, 1985 by
|
|
(58) If the ordinance was adopted on May 21, 1990 by
|
| the City of West Chicago.
|
|
(59) If the ordinance was adopted on December 16,
|
| 1986 by the City of Oak Forest.
|
|
(60) If the ordinance was adopted in 1999 by the City
|
|
(61) If the ordinance was adopted on January 13, 1987
|
| by the Village of Mt. Zion.
|
|
(62) If the ordinance was adopted on December 30,
|
| 1986 by the Village of Manteno.
|
|
(63) If the ordinance was adopted on April 3, 1989 by
|
| the City of Chicago Heights.
|
|
(64) If the ordinance was adopted on January 6, 1999
|
| by the Village of Rosemont.
|
|
(65) If the ordinance was adopted on December 19,
|
| 2000 by the Village of Stone Park.
|
|
(66) If the ordinance was adopted on December 22,
|
| 1986 by the City of DeKalb.
|
|
(67) If the ordinance was adopted on December 2, 1986
|
|
(68) If the ordinance was adopted on December 31,
|
| 1986 by the Village of Milan.
|
|
(69) If the ordinance was adopted on September 8,
|
| 1994 by the City of West Frankfort.
|
|
(70) If the ordinance was adopted on December 23,
|
| 1986 by the Village of Libertyville.
|
|
(71) If the ordinance was adopted on December 22,
|
| 1986 by the Village of Hoffman Estates.
|
|
(72) If the ordinance was adopted on September 17,
|
| 1986 by the Village of Sherman.
|
|
(73) If the ordinance was adopted on December 16,
|
| 1986 by the City of Macomb.
|
|
(74) If the ordinance was adopted on June 11, 2002 by
|
| the City of East Peoria to create the West Washington Street TIF.
|
|
(75) If the ordinance was adopted on June 11, 2002 by
|
| the City of East Peoria to create the Camp Street TIF.
|
|
(76) If the ordinance was adopted on August 7, 2000
|
| by the City of Des Plaines.
|
|
(77) If the ordinance was adopted on December 22,
|
| 1986 by the City of Washington to create the Washington Square TIF #2.
|
|
(78) If the ordinance was adopted on December 29,
|
| 1986 by the City of Morris.
|
|
(79) If the ordinance was adopted on July 6, 1998 by
|
| the Village of Steeleville.
|
|
(80) If the ordinance was adopted on December 29,
|
| 1986 by the City of Pontiac to create TIF I (the Main St TIF).
|
|
(81) If the ordinance was adopted on December 29,
|
| 1986 by the City of Pontiac to create TIF II (the Interstate TIF).
|
|
(82) If the ordinance was adopted on November 6, 2002
|
| by the City of Chicago to create the Madden/Wells TIF District.
|
|
(83) If the ordinance was adopted on November 4, 1998
|
| by the City of Chicago to create the Roosevelt/Racine TIF District.
|
|
(84) If the ordinance was adopted on June 10, 1998 by
|
| the City of Chicago to create the Stony Island Commercial/Burnside Industrial Corridors TIF District.
|
|
(85) If the ordinance was adopted on November 29,
|
| 1989 by the City of Chicago to create the Englewood Mall TIF District.
|
|
(86) If the ordinance was adopted on December 27,
|
| 1986 by the City of Mendota.
|
|
(87) If the ordinance was adopted on December 31,
|
| 1986 by the Village of Cahokia.
|
|
(88) If the ordinance was adopted on September 20,
|
| 1999 by the City of Belleville.
|
|
(89) If the ordinance was adopted on December 30,
|
| 1986 by the Village of Bellevue to create the Bellevue TIF District 1.
|
|
(90) If the ordinance was adopted on December 13,
|
| 1993 by the Village of Crete.
|
|
(91) If the ordinance was adopted on February 12,
|
| 2001 by the Village of Crete.
|
|
(92) If the ordinance was adopted on April 23, 2001
|
|
(93) If the ordinance was adopted on December 16,
|
| 1986 by the City of Champaign.
|
|
(94) If the ordinance was adopted on December 20,
|
| 1986 by the City of Charleston.
|
|
(95) If the ordinance was adopted on June 6, 1989 by
|
| the Village of Romeoville.
|
|
(96) If the ordinance was adopted on October 14, 1993
|
| and amended on August 2, 2010 by the City of Venice.
|
|
(97) If the ordinance was adopted on June 1, 1994 by
|
|
(98) If the ordinance was adopted on May 19, 1998 by
|
| the Village of Bensenville.
|
|
(99) If the ordinance was adopted on November 12,
|
| 1987 by the City of Dixon.
|
|
(100) If the ordinance was adopted on December 20,
|
| 1988 by the Village of Lansing.
|
|
(101) If the ordinance was adopted on October 27,
|
| 1998 by the City of Moline.
|
|
(102) If the ordinance was adopted on May 21, 1991 by
|
|
(103) If the ordinance was adopted on January 28,
|
| 1992 by the City of East Peoria.
|
|
(104) If the ordinance was adopted on December 14,
|
| 1998 by the City of Carlyle.
|
|
(105) If the ordinance was adopted on May 17, 2000,
|
| as subsequently amended, by the City of Chicago to create the Midwest Redevelopment TIF District.
|
|
(106) If the ordinance was adopted on September 13,
|
| 1989 by the City of Chicago to create the Michigan/Cermak Area TIF District.
|
|
(107) If the ordinance was adopted on March 30, 1992
|
|
(108) If the ordinance was adopted on July 6, 1998 by
|
| the Village of Orangeville.
|
|
(109) If the ordinance was adopted on December 16,
|
| 1997 by the Village of Germantown.
|
|
(110) If the ordinance was adopted on April 28, 2003
|
|
(111) If the ordinance was adopted on December 18,
|
| 1990 by the Village of Washington Park, but only after the Village of Washington Park becomes compliant with the reporting requirements under subsection (d) of Section 11-74.4-5, and after the State Comptroller's certification of such compliance.
|
|
(112) If the ordinance was adopted on February 28,
|
| 2000 by the City of Harvey.
|
|
(113) If the ordinance was adopted on January 11,
|
| 1991 by the City of Chicago to create the Read/Dunning TIF District.
|
|
(114) If the ordinance was adopted on July 24, 1991
|
| by the City of Chicago to create the Sanitary and Ship Canal TIF District.
|
|
(115) If the ordinance was adopted on December 4,
|
| 2007 by the City of Naperville.
|
|
(116) If the ordinance was adopted on July 1, 2002 by
|
| the Village of Arlington Heights.
|
|
(117) If the ordinance was adopted on February 11,
|
| 1991 by the Village of Machesney Park.
|
|
(118) If the ordinance was adopted on December 29,
|
| 1993 by the City of Ottawa.
|
|
(119) If the ordinance was adopted on June 4, 1991 by
|
|
(120) If the ordinance was adopted on February 10,
|
| 2004 by the Village of Fox Lake.
|
|
(121) If the ordinance was adopted on December 22,
|
| 1992 by the City of Fairfield.
|
|
(122) If the ordinance was adopted on February 10,
|
| 1992 by the City of Mt. Sterling.
|
|
(123) If the ordinance was adopted on March 15, 2004
|
|
(124) If the ordinance was adopted on March 18, 2002
|
| by the Village of Lake Zurich.
|
|
(125) If the ordinance was adopted on September 23,
|
| 1997 by the City of Granite City.
|
|
(126) If the ordinance was adopted on May 8, 2013 by
|
| the Village of Rosemont to create the Higgins Road/River Road TIF District No. 6.
|
|
(127) If the ordinance was adopted on November 22,
|
| 1993 by the City of Arcola.
|
|
(128) If the ordinance was adopted on September 7,
|
| 2004 by the City of Arcola.
|
|
(129) If the ordinance was adopted on November 29,
|
| 1999 by the City of Paris.
|
|
(130) If the ordinance was adopted on September 20,
|
| 1994 by the City of Ottawa to create the U.S. Route 6 East Ottawa TIF.
|
|
(131) If the ordinance was adopted on May 2, 2002 by
|
| the Village of Crestwood.
|
|
(132) If the ordinance was adopted on October 27,
|
| 1992 by the City of Blue Island.
|
|
(133) If the ordinance was adopted on December 23,
|
| 1993 by the City of Lacon.
|
|
(134) If the ordinance was adopted on May 4, 1998 by
|
|
(135) If the ordinance was adopted on June 11, 2002
|
| by the City of Oak Forest.
|
|
(136) If the ordinance was adopted on November 16,
|
| 1992 by the City of Pinckneyville.
|
|
(137) If the ordinance was adopted on March 1, 2001
|
| by the Village of South Jacksonville.
|
|
(138) If the ordinance was adopted on February 26,
|
| 1992 by the City of Chicago to create the Stockyards Southeast Quadrant TIF District.
|
|
(139) If the ordinance was adopted on January 25,
|
| 1993 by the City of LaSalle.
|
|
(140) If the ordinance was adopted on December 23,
|
| 1997 by the Village of Dieterich.
|
|
(141) If the ordinance was adopted on February 10,
|
| 2016 by the Village of Rosemont to create the Balmoral/Pearl TIF No. 8 Tax Increment Financing Redevelopment Project Area.
|
|
(142) If the ordinance was adopted on June 11, 2002
|
| by the City of Oak Forest.
|
|
(143) If the ordinance was adopted on January 31,
|
| 1995 by the Village of Milledgeville.
|
|
(144) If the ordinance was adopted on February 5,
|
| 1996 by the Village of Pearl City.
|
|
(145) If the ordinance was adopted on December 21,
|
| 1994 by the City of Calumet City.
|
|
(146) If the ordinance was adopted on May 5, 2003 by
|
|
(147) If the ordinance was adopted on June 2, 1998 by
|
|
(148) If the ordinance was adopted on October 23,
|
| 1995 by the City of Marion.
|
|
(149) If the ordinance was adopted on May 24, 2001 by
|
| the Village of Hanover Park.
|
|
(150) If the ordinance was adopted on May 30, 1995 by
|
|
(151) If the ordinance was adopted on April 15, 1997
|
| by the City of Edwardsville.
|
|
(152) If the ordinance was adopted on September 5,
|
| 1995 by the City of Granite City.
|
|
(153) If the ordinance was adopted on June 21, 1999
|
| by the Village of Table Grove.
|
|
(154) If the ordinance was adopted on February 23,
|
| 1995 by the City of Springfield.
|
|
(155) If the ordinance was adopted on August 11, 1999
|
|
(156) If the ordinance was adopted on December 26,
|
| 1995 by the Village of Posen.
|
|
(157) If the ordinance was adopted on July 1, 1995 by
|
| the Village of Caseyville.
|
|
(158) If the ordinance was adopted on January 30,
|
| 1996 by the City of Madison.
|
|
(159) If the ordinance was adopted on February 2,
|
| 1996 by the Village of Hartford.
|
|
(160) If the ordinance was adopted on July 2, 1996 by
|
|
(161) If the ordinance was adopted on March 21, 2000
|
| by the City of Hoopeston.
|
|
(162) If the ordinance was adopted on March 22, 2005
|
| by the City of Hoopeston.
|
|
(163) If the ordinance was adopted on July 10, 1996
|
| by the City of Chicago to create the Goose Island TIF District.
|
|
(164) If the ordinance was adopted on December 11,
|
| 1996 by the City of Chicago to create the Bryn Mawr/Broadway TIF District.
|
|
(165) If the ordinance was adopted on December 31,
|
| 1995 by the City of Chicago to create the 95th/Western TIF District.
|
|
(166) If the ordinance was adopted on October 7, 1998
|
| by the City of Chicago to create the 71st and Stony Island TIF District.
|
|
(167) If the ordinance was adopted on April 19, 1995
|
| by the Village of North Utica.
|
|
(168) If the ordinance was adopted on April 22, 1996
|
|
(169) If the ordinance was adopted on June 9, 2008 by
|
| the City of Country Club Hills.
|
|
(170) If the ordinance was adopted on July 3, 1996 by
|
|
(171) If the ordinance was adopted on May 19, 1997 by
|
|
(172) If the ordinance was adopted on August 13, 2001
|
| by the Village of Saunemin.
|
|
(173) If the ordinance was adopted on January 10,
|
| 2005 by the Village of Romeoville.
|
|
(174) If the ordinance was adopted on January 28,
|
| 1997 by the City of Berwyn for the South Berwyn Corridor Tax Increment Financing District.
|
|
(175) If the ordinance was adopted on January 28,
|
| 1997 by the City of Berwyn for the Roosevelt Road Tax Increment Financing District.
|
|
(176) If the ordinance was adopted on May 3, 2001 by
|
| the Village of Hanover Park for the Village Center Tax Increment Financing Redevelopment Project Area (TIF # 3).
|
|
(177) If the ordinance was adopted on January 1, 1996
|
|
(178) If the ordinance was adopted on January 28,
|
| 2002 by the Village of Okawville.
|
|
(179) If the ordinance was adopted on October 4, 1999
|
|
(180) If the ordinance was adopted on June 16, 2003
|
| by the City of Rushville.
|
|
(181) If the ordinance was adopted on December 7,
|
| 1998 by the City of Quincy for the Central Business District West Tax Increment Redevelopment Project Area.
|
|
(182) If the ordinance was adopted on March 27, 1997
|
| by the Village of Maywood approving the Roosevelt Road TIF District.
|
|
(183) If the ordinance was adopted on March 27, 1997
|
| by the Village of Maywood approving the Madison Street/Fifth Avenue TIF District.
|
|
(184) If the ordinance was adopted on November 10,
|
| 1997 by the Village of Park Forest.
|
|
(185) If the ordinance was adopted on July 30, 1997
|
| by the City of Chicago to create the Near North TIF district.
|
|
(186) If the ordinance was adopted on December 1,
|
| 2000 by the Village of Mahomet.
|
|
(187) If the ordinance was adopted on June 16, 1999
|
| by the Village of Washburn.
|
|
(188) If the ordinance was adopted on August 19, 1998
|
| by the Village of New Berlin.
|
|
(189) If the ordinance was adopted on February 5,
|
| 2002 by the City of Highwood.
|
|
(190) If the ordinance was adopted on June 1, 1997 by
|
|
(191) If the ordinance was adopted on August 17, 1999
|
|
(192) If the ordinance was adopted on June 13, 2005
|
| by the City of Mount Carroll.
|
|
(193) If the ordinance was adopted on March 25, 2008
|
| by the Village of Elizabeth.
|
|
(194) If the ordinance was adopted on February 22,
|
| 2000 by the City of Mount Pulaski.
|
|
(195) If the ordinance was adopted on November 21,
|
| 2000 by the City of Effingham.
|
|
(196) If the ordinance was adopted on January 28,
|
| 2003 by the City of Effingham.
|
|
(197) If the ordinance was adopted on February 4,
|
| 2008 by the City of Polo.
|
|
(198) If the ordinance was adopted on August 17, 2005
|
| by the Village of Bellwood to create the Park Place TIF.
|
|
(199) If the ordinance was adopted on July 16, 2014
|
| by the Village of Bellwood to create the North-2014 TIF.
|
|
(200) If the ordinance was adopted on July 16, 2014
|
| by the Village of Bellwood to create the South-2014 TIF.
|
|
(201) If the ordinance was adopted on July 16, 2014
|
| by the Village of Bellwood to create the Central Metro-2014 TIF.
|
|
(202) If the ordinance was adopted on September 17,
|
| 2014 by the Village of Bellwood to create the Addison Creek "A" (Southwest)-2014 TIF.
|
|
(203) If the ordinance was adopted on September 17,
|
| 2014 by the Village of Bellwood to create the Addison Creek "B" (Northwest)-2014 TIF.
|
|
(204) If the ordinance was adopted on September 17,
|
| 2014 by the Village of Bellwood to create the Addison Creek "C" (Northeast)-2014 TIF.
|
|
(205) If the ordinance was adopted on September 17,
|
| 2014 by the Village of Bellwood to create the Addison Creek "D" (Southeast)-2014 TIF.
|
|
(206) If the ordinance was adopted on June 26, 2007
|
|
(207) If the ordinance was adopted on October 28,
|
| 2008 by the City of Peoria.
|
|
(208) If the ordinance was adopted on April 4, 2000
|
| by the City of Joliet to create the Joliet City Center TIF District.
|
|
(209) If the ordinance was adopted on July 8, 1998 by
|
| the City of Chicago to create the 43rd/Cottage Grove TIF district.
|
|
(210) If the ordinance was adopted on July 8, 1998 by
|
| the City of Chicago to create the 79th Street Corridor TIF district.
|
|
(211) If the ordinance was adopted on November 4,
|
| 1998 by the City of Chicago to create the Bronzeville TIF district.
|
|
(212) If the ordinance was adopted on February 5,
|
| 1998 by the City of Chicago to create the Homan/Arthington TIF district.
|
|
(213) If the ordinance was adopted on December 8,
|
| 1998 by the Village of Plainfield.
|
|
(214) If the ordinance was adopted on July 17, 2000
|
|
(215) If the ordinance was adopted on December 27,
|
| 2006 by the City of Greenville.
|
|
(216) If the ordinance was adopted on June 10, 1998
|
| by the City of Chicago to create the Kinzie Industrial TIF district.
|
|
(217) If the ordinance was adopted on December 2,
|
| 1998 by the City of Chicago to create the Northwest Industrial TIF district.
|
|
(218) If the ordinance was adopted on June 10, 1998
|
| by the City of Chicago to create the Pilsen Industrial TIF district.
|
|
(219) If the ordinance was adopted on January 14,
|
| 1997 by the City of Chicago to create the 35th/Halsted TIF district.
|
|
(220) If the ordinance was adopted on June 9, 1999 by
|
| the City of Chicago to create the Pulaski Corridor TIF district.
|
|
(221) If the ordinance was adopted on December 16,
|
| 1997 by the City of Springfield to create the Enos Park Neighborhood TIF District.
|
|
(222) If the ordinance was adopted on February 5,
|
| 1998 by the City of Chicago to create the Roosevelt/Cicero redevelopment project area.
|
|
(223) If the ordinance was adopted on February 5,
|
| 1998 by the City of Chicago to create the Western/Ogden redevelopment project area.
|
|
(224) If the ordinance was adopted on July 21, 1999
|
| by the City of Chicago to create the 24th/Michigan Avenue redevelopment project area.
|
|
(225) If the ordinance was adopted on January 20,
|
| 1999 by the City of Chicago to create the Woodlawn redevelopment project area.
|
|
(226) If the ordinance was adopted on July 7, 1999 by
|
| the City of Chicago to create the Clark/Montrose redevelopment project area.
|
|
(227) If the ordinance was adopted on November 4,
|
| 2003 by the City of Madison to create the Rivers Edge redevelopment project area.
|
|
(228) If the ordinance was adopted on August 12, 2003
|
| by the City of Madison to create the Caine Street redevelopment project area.
|
|
(229) If the ordinance was adopted on March 7, 2000
|
| by the City of Madison to create the East Madison TIF.
|
|
(230) If the ordinance was adopted on August 3, 2001
|
| by the Village of Aviston.
|
|
(231) If the ordinance was adopted on August 22, 2011
|
| by the Village of Warren.
|
|
(232) If the ordinance was adopted on April 8, 1999
|
| by the City of Farmer City.
|
|
(233) If the ordinance was adopted on August 4, 1999
|
| by the Village of Fairmont City.
|
|
(234) If the ordinance was adopted on October 2, 1999
|
| by the Village of Fairmont City.
|
|
(235) If the ordinance was adopted December 16, 1999
|
| by the City of Springfield.
|
|
(236) If the ordinance was adopted on December 13,
|
| 1999 by the Village of Palatine to create the Village of Palatine Downtown Area TIF District.
|
|
(237) If the ordinance was adopted on September 29,
|
| 1999 by the City of Chicago to create the 111th/Kedzie redevelopment project area.
|
|
(238) If the ordinance was adopted on November 12,
|
| 1998 by the City of Chicago to create the Canal/Congress redevelopment project area.
|
|
(239) If the ordinance was adopted on July 7, 1999 by
|
| the City of Chicago to create the Galewood/Armitage Industrial redevelopment project area.
|
|
(240) If the ordinance was adopted on September 29,
|
| 1999 by the City of Chicago to create the Madison/Austin Corridor redevelopment project area.
|
|
(241) If the ordinance was adopted on April 12, 2000
|
| by the City of Chicago to create the South Chicago redevelopment project area.
|
|
(242) If the ordinance was adopted on January 9, 2002
|
| by the Village of Elkhart.
|
|
(243) If the ordinance was adopted on May 23, 2000 by
|
| the City of Robinson to create the West Robinson Industrial redevelopment project area.
|
|
(244) If the ordinance was adopted on October 9, 2001
|
| by the City of Robinson to create the Downtown Robinson redevelopment project area.
|
|
(245) If the ordinance was adopted on September 19,
|
| 2000 by the Village of Valmeyer.
|
|
(246) If the ordinance was adopted on April 15, 2002
|
| by the City of McHenry to create the Downtown TIF district.
|
|
(247) If the ordinance was adopted on February 15,
|
| 1999 by the Village of Channahon.
|
|
(248) If the ordinance was adopted on December 19,
|
| 2000 by the City of Peoria.
|
|
(249) If the ordinance was adopted on July 24, 2000
|
| by the City of Rock Island to create the North 11th Street redevelopment project area.
|
|
(250) If the ordinance was adopted on February 5,
|
| 2002 by the City of Champaign to create the North Campustown TIF.
|
|
(251) If the ordinance was adopted on November 20,
|
| 2000 by the Village of Evergreen Park.
|
|
(252) If the ordinance was adopted on February 16,
|
| 2000 by the City of Chicago to create the Fullerton/Milwaukee redevelopment project area.
|
|
(253) If the ordinance was adopted on October 23,
|
| 2006 by the Village of Bourbonnais to create the Bourbonnais Industrial Park Conservation Area.
|
|
(254) If the ordinance was adopted on February 22,
|
| 2000 by the City of Geneva to create the East State Street redevelopment project area.
|
|
(255) If the ordinance was adopted on February 6,
|
| 2001 by the Village of Downers Grove to create the Ogden Avenue redevelopment project area.
|
|
(256) If the ordinance was adopted on June 27, 2001
|
| by the City of Chicago to create the Division/Homan redevelopment project area.
|
|
(257) If the ordinance was adopted on May 17, 2000 by
|
| the City of Chicago to create the 63rd/Pulaski redevelopment project area.
|
|
(258) If the ordinance was adopted on March 10, 1999
|
| by the City of Chicago to create the Greater Southwest Industrial (East) redevelopment project area.
|
|
(259) If the ordinance was adopted on February 16,
|
| 2000 by the City of Chicago to create the Lawrence/Kedzie redevelopment project area.
|
|
(260) If the ordinance was adopted on November 3,
|
| 1999 by the City of Chicago to create the Lincoln Avenue redevelopment project area.
|
|
(261) If the ordinance was adopted on September 3,
|
| 2015 by the Village of Fox River Grove to create the Downtown TIF #2 redevelopment project area.
|
|
(d) For redevelopment project areas for which bonds were issued before July 29, 1991, or for which contracts were entered into before June 1, 1988, in connection with a redevelopment project in the area within the State Sales Tax Boundary, the estimated dates of completion of the redevelopment project and retirement of obligations to finance redevelopment project costs (including refunding bonds under Section 11-74.4-7) may be extended by municipal ordinance to December 31, 2013. The termination procedures of subsection (b) of Section 11-74.4-8 are not required for these redevelopment project areas in 2009 but are required in 2013. The extension allowed by Public Act 87-1272 shall not apply to real property tax increment allocation financing under Section 11-74.4-8.
(e) Those dates, for purposes of real property tax increment allocation financing pursuant to Section 11-74.4-8 only, shall be not more than 35 years for redevelopment project areas that were adopted on or after December 16, 1986 and for which at least $8 million worth of municipal bonds were authorized on or after December 19, 1989 but before January 1, 1990; provided that the municipality elects to extend the life of the redevelopment project area to 35 years by the adoption of an ordinance after at least 14 but not more than 30 days' written notice to the taxing bodies, that would otherwise constitute the joint review board for the redevelopment project area, before the adoption of the ordinance.
(f) Those dates, for purposes of real property tax increment allocation financing pursuant to Section 11-74.4-8 only, shall be not more than 35 years for redevelopment project areas that were established on or after December 1, 1981 but before January 1, 1982 and for which at least $1,500,000 worth of tax increment revenue bonds were authorized on or after September 30, 1990 but before July 1, 1991; provided that the municipality elects to extend the life of the redevelopment project area to 35 years by the adoption of an ordinance after at least 14 but not more than 30 days' written notice to the taxing bodies, that would otherwise constitute the joint review board for the redevelopment project area, before the adoption of the ordinance.
(f-1) (Blank).
(f-2) (Blank).
(f-3) (Blank).
(f-5) Those dates, for purposes of real property tax increment allocation financing pursuant to Section 11-74.4-8 only, shall be not more than 47 years for redevelopment project areas listed in this subsection; provided that (i) the municipality adopts an ordinance extending the life of the redevelopment project area to 47 years and (ii) the municipality provides notice to the taxing bodies that would otherwise constitute the joint review board for the redevelopment project area not more than 30 and not less than 14 days prior to the adoption of that ordinance:
(1) If the redevelopment project area was established
|
| on December 29, 1981 by the City of Springfield.
|
|
(2) If the redevelopment project area was established
|
| on December 29, 1986 by the City of Morris and that is known as the Morris TIF District 1.
|
|
(3) If the redevelopment project area was established
|
| on December 31, 1986 by the Village of Cahokia.
|
|
(4) If the redevelopment project area was established
|
| on December 20, 1986 by the City of Charleston.
|
|
(5) If the redevelopment project area was established
|
| on December 23, 1986 by the City of Beardstown.
|
|
(6) If the redevelopment project area was established
|
| on December 23, 1986 by the Town of Cicero.
|
|
(7) If the redevelopment project area was established
|
| on December 29, 1986 by the City of East St. Louis.
|
|
(8) If the redevelopment project area was established
|
| on January 23, 1991 by the City of East St. Louis.
|
|
(9) If the redevelopment project area was established
|
| on December 29, 1986 by the Village of Gardner.
|
|
(10) If the redevelopment project area was
|
| established on June 11, 2002 by the City of East Peoria to create the West Washington Street TIF.
|
|
(11) If the redevelopment project area was
|
| established on December 22, 1986 by the City of Washington creating the Washington Square TIF #2.
|
|
(12) If the redevelopment project area was
|
| established on November 11, 1986 by the City of Pekin.
|
|
(13) If the redevelopment project area was
|
| established on December 30, 1986 by the City of Belleville.
|
|
(14) If the ordinance was adopted on April 3, 1989 by
|
| the City of Chicago Heights.
|
|
(15) If the redevelopment project area was
|
| established on December 29, 1986 by the City of Pontiac to create TIF I (the Main St TIF).
|
|
(16) If the redevelopment project area was
|
| established on December 29, 1986 by the City of Pontiac to create TIF II (the Interstate TIF).
|
|
(17) If the redevelopment project area was
|
| established on December 23, 1986 by the City of Sparta to create TIF #1. Any termination procedures provided for in Section 11-74.4-8 are not required for this redevelopment project area prior to the 47th calendar year after the year in which the ordinance approving the redevelopment project year was adopted.
|
|
(18) If the redevelopment project area was
|
| established on March 30, 1992 by the Village of Ohio to create the Village of Ohio TIF District.
|
|
(19) If the redevelopment project area was
|
| established on December 13, 1993 by the Village of Crete.
|
|
(20) If the redevelopment project area was
|
| established on February 12, 2001 by the Village of Crete.
|
|
(21) If the redevelopment project area was
|
| established on April 23, 2001 by the Village of Crete.
|
|
(g) In consolidating the material relating to completion dates from Sections 11-74.4-3 and 11-74.4-7 into this Section, it is not the intent of the General Assembly to make any substantive change in the law, except for the extension of the completion dates for the City of Aurora, the Village of Milan, the City of West Frankfort, the Village of Libertyville, and the Village of Hoffman Estates set forth under items (67), (68), (69), (70), and (71) of subsection (c) of this Section.
(Source: P.A. 102-117, eff. 7-23-21; 102-424, eff. 8-20-21; 102-425, eff. 8-20-21; 102-446, eff. 8-20-21; 102-473, eff. 8-20-21; 102-627, eff. 8-27-21; 102-675, eff. 11-30-21; 102-745, eff. 5-6-22; 102-818, eff. 5-13-22; 102-1113, eff. 12-21-22; 103-315, eff. 7-28-23; 103-575, eff. 12-8-23.)
|
(65 ILCS 5/11-74.4-8a) (from Ch. 24, par. 11-74.4-8a)
Sec. 11-74.4-8a. (1) Until June 1, 1988, a municipality which has
adopted tax increment allocation financing prior to January 1, 1987, may by
ordinance (1) authorize the Department of Revenue, subject to
appropriation, to annually certify and cause to be paid from the Illinois
Tax Increment Fund to such municipality for deposit in the municipality's
special tax allocation fund an amount equal to the Net State Sales Tax
Increment and (2) authorize the Department of Revenue to annually notify
the municipality of the amount of the Municipal Sales Tax Increment which
shall be deposited by the municipality in the municipality's special tax
allocation fund. Provided that for purposes of this Section no amendments
adding additional area to the redevelopment project area which has been
certified as the State Sales Tax Boundary shall be taken into account if
such amendments are adopted by the municipality after January 1, 1987. If
an amendment is adopted which decreases the area of a State Sales Tax
Boundary, the municipality shall update the list required by subsection
(3)(a) of this Section. The Retailers' Occupation Tax liability, Use Tax
liability, Service Occupation Tax liability and Service Use Tax liability
for retailers and servicemen located within the disconnected area shall be
excluded from the base from which tax increments are calculated and the
revenue from any such retailer or serviceman shall not be included in
calculating incremental revenue payable to the municipality. A municipality
adopting an ordinance under this subsection (1) of this Section for a
redevelopment project area which is certified as a State Sales Tax Boundary
shall not be entitled to payments of State taxes authorized under
subsection (2) of this Section for the same redevelopment project area.
Nothing herein shall be construed to prevent a municipality from receiving
payment of State taxes authorized under subsection (2) of this Section for
a separate redevelopment project area that does not overlap in any way with
the State Sales Tax Boundary receiving payments of State taxes pursuant to
subsection (1) of this Section.
A certified copy of such ordinance shall be submitted by the municipality
to the Department of Commerce and Economic Opportunity and the Department of
Revenue not later than 30 days after the effective date of the ordinance.
Upon submission of the ordinances, and the information required pursuant to
subsection 3 of this Section, the Department of Revenue shall promptly
determine the amount of such taxes paid under the Retailers' Occupation Tax
Act, Use Tax Act, Service Use Tax Act, the Service Occupation Tax Act, the
Municipal Retailers' Occupation Tax Act and the Municipal Service
Occupation Tax Act by retailers and servicemen on transactions at places
located in the redevelopment project area during the base year, and shall
certify all the foregoing "initial sales tax amounts" to the municipality
within 60 days of submission of the list required of subsection (3)(a) of
this Section.
If a retailer or serviceman with a place of business located within a
redevelopment project area also has one or more other places of business
within the municipality but outside the redevelopment project area, the
retailer or serviceman shall, upon request of the Department of Revenue,
certify to the Department of Revenue the amount of taxes paid pursuant to
the Retailers' Occupation Tax Act, the Municipal Retailers' Occupation Tax
Act, the Service Occupation Tax Act and the Municipal Service Occupation
Tax Act at each place of business which is located within the redevelopment
project area in the manner and for the periods of time requested by the
Department of Revenue.
When the municipality determines that a portion of an increase in
the aggregate amount of taxes paid by retailers and servicemen under the
Retailers' Occupation Tax Act, Use Tax Act, Service Use Tax Act, or the
Service Occupation Tax Act is the result of a retailer or serviceman
initiating retail or service operations in the redevelopment project area
by such retailer or serviceman with a resulting termination of retail or
service operations by such retailer or serviceman at another
location in Illinois in the standard metropolitan statistical area of such
municipality, the Department of Revenue shall be notified that the
retailers occupation tax liability, use tax liability, service occupation tax
liability, or service use tax liability from such retailer's or serviceman's
terminated operation shall be included in the base Initial Sales Tax
Amounts from which the State Sales Tax Increment is calculated for purposes
of State payments to the affected municipality; provided, however, for
purposes of this paragraph "termination" shall mean a closing of a retail
or service operation which is directly related to the opening of the same
retail or service operation in a redevelopment project area which is
included within a State Sales Tax Boundary, but it shall not include retail
or service operations closed for reasons beyond the control of the retailer
or serviceman, as determined by the Department.
If the municipality makes the determination referred to in the prior
paragraph and notifies the Department and if the relocation is from a
location within the municipality, the Department, at the request of the
municipality, shall adjust the certified aggregate amount of taxes that
constitute the Municipal Sales Tax Increment paid by retailers and servicemen
on transactions at places of business located within the State Sales Tax
Boundary during the base year using the same procedures as are employed to
make the adjustment referred to in the prior paragraph. The adjusted
Municipal Sales Tax Increment calculated by the Department shall be
sufficient to satisfy the requirements of subsection (1) of this Section.
When a municipality which has adopted tax increment allocation financing
in 1986 determines that a portion of the aggregate amount of taxes paid by
retailers and servicemen under the Retailers Occupation Tax Act, Use Tax
Act, Service Use Tax Act, or Service Occupation Tax Act, the Municipal
Retailers' Occupation Tax Act and the Municipal Service Occupation Tax Act,
includes revenue of a retailer or serviceman which terminated retailer or
service operations in 1986, prior to the adoption of tax increment
allocation financing, the Department of Revenue shall be notified by such
municipality that the retailers' occupation tax liability, use tax
liability, service occupation tax liability or service use tax liability,
from such retailer's or serviceman's terminated operations shall be
excluded from the Initial Sales Tax Amounts for such taxes. The revenue
from any such retailer or serviceman which is excluded from the base year
under this paragraph, shall not be included in calculating incremental
revenues if such retailer or serviceman reestablishes such business in the
redevelopment project area.
For State fiscal year 1992, the Department of Revenue shall
budget, and the Illinois General Assembly shall appropriate
from the Illinois Tax Increment Fund in the State treasury, an amount not
to exceed $18,000,000 to pay to each eligible municipality the Net
State Sales Tax Increment to which such municipality is entitled.
Beginning on January 1, 1993, each municipality's proportional share of
the Illinois Tax Increment Fund shall be determined by adding the annual Net
State Sales Tax Increment and the annual Net Utility Tax Increment to determine
the Annual Total Increment. The ratio of the Annual Total Increment of each
municipality to the Annual Total Increment for all municipalities, as most
recently calculated by the Department, shall determine the proportional shares
of the Illinois Tax Increment Fund to be distributed to each municipality.
Beginning in October, 1993, and each January, April, July and October
thereafter, the Department of Revenue shall certify to the Treasurer and
the Comptroller the amounts payable quarter annually during the fiscal year
to each municipality under this Section. The Comptroller shall promptly
then draw warrants, ordering the State Treasurer to pay such amounts from
the Illinois Tax Increment Fund in the State treasury.
The Department of Revenue shall utilize the same periods established
for determining State Sales Tax Increment to determine the Municipal
Sales Tax Increment for the area within a State Sales Tax
Boundary and certify such amounts to such municipal treasurer who shall
transfer such amounts to the special tax allocation fund.
The provisions of this subsection (1) do not apply to additional
municipal retailers' occupation or service occupation taxes imposed by
municipalities using their home rule powers or imposed pursuant to
Sections 8-11-1.3, 8-11-1.4 and 8-11-1.5 of this Act. A municipality shall not
receive from the State any share of the Illinois Tax Increment Fund unless such
municipality deposits all its Municipal Sales Tax Increment and
the local incremental real property tax revenues, as provided herein, into
the appropriate special tax allocation fund.
If, however, a municipality has extended the estimated dates of completion of
the redevelopment project and retirement of obligations to finance
redevelopment project costs by municipal ordinance to December 31, 2013 under
subsection (n) of Section 11-74.4-3, then that municipality shall continue to
receive from the State a share of the Illinois Tax Increment Fund
so long as the municipality deposits, from any funds available, excluding funds
in the special tax allocation fund, an amount equal
to the municipal share of the real property tax increment revenues
into the special tax allocation fund during the extension period.
The amount to be deposited by the municipality in each of the tax years
affected by the extension to December 31, 2013 shall be equal to the municipal
share of the property tax increment deposited into the special tax allocation
fund by the municipality for the most recent year that the property tax
increment was distributed.
A municipality located within
an economic development project area created under the County Economic
Development Project Area Property Tax Allocation Act which has abated any
portion of its property taxes which otherwise would have been deposited in
its special tax allocation fund shall not receive from the State the Net
Sales Tax Increment.
(2) A municipality which has adopted tax increment allocation
financing with regard to an industrial park or industrial park
conservation area, prior to January 1, 1988, may by ordinance authorize the
Department of Revenue to annually certify and pay from the Illinois Tax
Increment Fund to such municipality for deposit in the municipality's
special tax allocation fund an amount equal to the Net State Utility Tax
Increment. Provided that for purposes of this Section no amendments adding
additional area to the redevelopment project area shall be taken into
account if such amendments are adopted by the municipality after January 1,
1988. Municipalities adopting an ordinance under this subsection (2) of
this Section for a redevelopment project area shall not be entitled to
payment of State taxes authorized under subsection (1) of this Section for
the same redevelopment project area which is within a State Sales Tax
Boundary. Nothing herein shall be construed to prevent a municipality from
receiving payment of State taxes authorized under subsection (1) of this
Section for a separate redevelopment project area within a State Sales Tax
Boundary that does not overlap in any way with the redevelopment project
area receiving payments of State taxes pursuant to subsection (2) of this
Section.
A certified copy of such ordinance shall be submitted to the Department
of Commerce and Economic Opportunity and the Department of Revenue not later
than 30 days after the effective date of the ordinance.
When a municipality determines that a portion of an increase in the
aggregate amount of taxes paid by industrial or commercial facilities under
the Public Utilities Act, is the result of an industrial or commercial
facility initiating operations in the redevelopment project area with a
resulting termination of such operations by such industrial or commercial
facility at another location in Illinois, the Department of Revenue shall be
notified by such municipality that such industrial or commercial facility's
liability under the Public Utility Tax Act shall be included in the base
from which tax increments are calculated for purposes of State payments to
the affected municipality.
After receipt of the calculations by the public utility as required by
subsection (4) of this Section, the Department of Revenue shall annually
budget and the Illinois General Assembly shall annually appropriate from
the General Revenue Fund through State Fiscal Year 1989, and thereafter from
the Illinois Tax Increment Fund, an amount sufficient to pay to each eligible
municipality the amount of incremental revenue attributable to State
electric and gas taxes as reflected by the charges imposed on persons in
the project area to which such municipality is entitled by comparing the
preceding calendar year with the base year as determined by this Section.
Beginning on January 1, 1993, each municipality's proportional share of
the Illinois Tax Increment Fund shall be determined by adding the annual Net
State Utility Tax Increment and the annual Net Utility Tax Increment to
determine the Annual Total Increment. The ratio of the Annual Total Increment
of each municipality to the Annual Total Increment for all municipalities, as
most recently calculated by the Department, shall determine the proportional
shares of the Illinois Tax Increment Fund to be distributed to each
municipality.
A municipality shall not receive any share of the Illinois Tax
Increment Fund from the State unless such municipality imposes the maximum
municipal charges authorized pursuant to Section 9-221 of the
Public Utilities Act and deposits all municipal utility tax incremental
revenues as certified by the public utilities, and all local real estate
tax increments into such municipality's special tax allocation fund.
(3) Within 30 days after the adoption of the ordinance required by either
subsection (1) or subsection (2) of this Section, the municipality shall
transmit to the Department of Commerce and Economic Opportunity and the
Department of Revenue the following:
(a) if applicable, a certified copy of the ordinance |
| required by subsection (1) accompanied by a complete list of street names and the range of street numbers of each street located within the redevelopment project area for which payments are to be made under this Section in both the base year and in the year preceding the payment year; and the addresses of persons registered with the Department of Revenue; and, the name under which each such retailer or serviceman conducts business at that address, if different from the corporate name; and the Illinois Business Tax Number of each such person (The municipality shall update this list in the event of a revision of the redevelopment project area, or the opening or closing or name change of any street or part thereof in the redevelopment project area, or if the Department of Revenue informs the municipality of an addition or deletion pursuant to the monthly updates given by the Department.);
|
|
(b) if applicable, a certified copy of the ordinance
|
| required by subsection (2) accompanied by a complete list of street names and range of street numbers of each street located within the redevelopment project area, the utility customers in the project area, and the utilities serving the redevelopment project areas;
|
|
(c) certified copies of the ordinances approving the
|
| redevelopment plan and designating the redevelopment project area;
|
|
(d) a copy of the redevelopment plan as approved by
|
|
(e) an opinion of legal counsel that the municipality
|
| had complied with the requirements of this Act; and
|
|
(f) a certification by the chief executive officer of
|
| the municipality that with regard to a redevelopment project area: (1) the municipality has committed all of the municipal tax increment created pursuant to this Act for deposit in the special tax allocation fund, (2) the redevelopment projects described in the redevelopment plan would not be completed without the use of State incremental revenues pursuant to this Act, (3) the municipality will pursue the implementation of the redevelopment plan in an expeditious manner, (4) the incremental revenues created pursuant to this Section will be exclusively utilized for the development of the redevelopment project area, and (5) the increased revenue created pursuant to this Section shall be used exclusively to pay redevelopment project costs as defined in this Act.
|
|
(4) The Department of Revenue upon receipt of the information set forth
in paragraph (b) of subsection (3) shall immediately forward such
information to each public utility furnishing natural gas or electricity to
buildings within the redevelopment project area. Upon receipt of such
information, each public utility shall promptly:
(a) provide to the Department of Revenue and the
|
| municipality separate lists of the names and addresses of persons within the redevelopment project area receiving natural gas or electricity from such public utility. Such list shall be updated as necessary by the public utility. Each month thereafter the public utility shall furnish the Department of Revenue and the municipality with an itemized listing of charges imposed pursuant to Sections 9-221 and 9-222 of the Public Utilities Act on persons within the redevelopment project area.
|
|
(b) determine the amount of charges imposed pursuant
|
| to Sections 9-221 and 9-222 of the Public Utilities Act on persons in the redevelopment project area during the base year, both as a result of municipal taxes on electricity and gas and as a result of State taxes on electricity and gas and certify such amounts both to the municipality and the Department of Revenue; and
|
|
(c) determine the amount of charges imposed pursuant
|
| to Sections 9-221 and 9-222 of the Public Utilities Act on persons in the redevelopment project area on a monthly basis during the base year, both as a result of State and municipal taxes on electricity and gas and certify such separate amounts both to the municipality and the Department of Revenue.
|
|
After the determinations are made in paragraphs (b) and (c), the public
utility shall monthly during the existence of the redevelopment project
area notify the Department of Revenue and the municipality of any increase
in charges over the base year determinations made pursuant to paragraphs
(b) and (c).
(5) The payments authorized under this Section shall be deposited by the
municipal treasurer in the special tax allocation fund of the municipality,
which for accounting purposes shall identify the sources of each payment
as: municipal receipts from the State retailers occupation, service
occupation, use and service use taxes; and municipal public utility taxes
charged to customers under the Public Utilities Act and State public
utility taxes charged to customers under the Public Utilities Act.
(6) Before the effective date of this amendatory Act of the 91st General
Assembly, any
municipality receiving payments authorized under this Section
for any redevelopment project area or area within a State Sales Tax
Boundary within the municipality shall submit to the Department of Revenue
and to the taxing districts which are sent the notice required by Section
6 of this Act annually within 180 days after the close of each municipal
fiscal year the following information for the immediately preceding fiscal
year:
(a) Any amendments to the redevelopment plan, the
|
| redevelopment project area, or the State Sales Tax Boundary.
|
|
(b) Audited financial statements of the special tax
|
|
(c) Certification of the Chief Executive Officer of
|
| the municipality that the municipality has complied with all of the requirements of this Act during the preceding fiscal year.
|
|
(d) An opinion of legal counsel that the municipality
|
| is in compliance with this Act.
|
|
(e) An analysis of the special tax allocation fund
|
|
(1) the balance in the special tax allocation
|
| fund at the beginning of the fiscal year;
|
|
(2) all amounts deposited in the special tax
|
| allocation fund by source;
|
|
(3) all expenditures from the special tax
|
| allocation fund by category of permissible redevelopment project cost; and
|
|
(4) the balance in the special tax allocation
|
| fund at the end of the fiscal year including a breakdown of that balance by source. Such ending balance shall be designated as surplus if it is not required for anticipated redevelopment project costs or to pay debt service on bonds issued to finance redevelopment project costs, as set forth in Section 11-74.4-7 hereof.
|
|
(f) A description of all property purchased by the
|
| municipality within the redevelopment project area including:
|
|
1. Street address
2. Approximate size or description of property
3. Purchase price
4. Seller of property.
(g) A statement setting forth all activities
|
| undertaken in furtherance of the objectives of the redevelopment plan, including:
|
|
1. Any project implemented in the preceding
|
|
2. A description of the redevelopment activities
|
|
3. A description of any agreements entered into
|
| by the municipality with regard to the disposition or redevelopment of any property within the redevelopment project area or the area within the State Sales Tax Boundary.
|
|
(h) With regard to any obligations issued by the
|
|
1. copies of bond ordinances or resolutions
2. copies of any official statements
3. an analysis prepared by financial advisor or
|
| underwriter setting forth: (a) nature and term of obligation; and (b) projected debt service including required reserves and debt coverage.
|
|
(i) A certified audit report reviewing compliance
|
| with this statute performed by an independent public accountant certified and licensed by the authority of the State of Illinois. The financial portion of the audit must be conducted in accordance with Standards for Audits of Governmental Organizations, Programs, Activities, and Functions adopted by the Comptroller General of the United States (1981), as amended. The audit report shall contain a letter from the independent certified public accountant indicating compliance or noncompliance with the requirements of subsection (q) of Section 11-74.4-3. If the audit indicates that expenditures are not in compliance with the law, the Department of Revenue shall withhold State sales and utility tax increment payments to the municipality until compliance has been reached, and an amount equal to the ineligible expenditures has been returned to the Special Tax Allocation Fund.
|
|
(6.1) After July 29, 1988 and before the effective date of this amendatory
Act of the 91st General Assembly,
any funds which have not been designated for
use in a specific development project in the annual report shall be
designated as surplus.
No funds may be held in the Special Tax Allocation Fund for more than 36 months
from the date of receipt unless the money is required for payment of
contractual obligations for specific development project costs. If held for
more than 36 months in violation of the preceding sentence, such funds shall be
designated as surplus. Any funds
designated as surplus must first be used for early redemption of any bond
obligations. Any funds designated as surplus which are not disposed of as
otherwise provided in this paragraph, shall be distributed as
surplus as
provided in Section 11-74.4-7.
(7) Any appropriation made pursuant to this Section for the 1987 State
fiscal year shall not exceed the amount of $7 million and for the 1988
State fiscal year the amount of $10 million. The amount which shall be
distributed to each municipality shall be the incremental revenue to which
each municipality is entitled as calculated by the Department of Revenue,
unless the requests of the municipality exceed the appropriation,
then the amount to which each municipality shall be entitled shall be
prorated among the municipalities in the same proportion as the increment to
which the municipality would be entitled bears to the total increment which all
municipalities would receive in the absence of this limitation, provided that
no municipality may receive an amount in excess of 15% of the appropriation.
For the 1987 Net State Sales Tax Increment payable in Fiscal Year 1989, no
municipality shall receive more than 7.5% of the total appropriation; provided,
however, that any of the appropriation remaining after such distribution shall
be prorated among municipalities on the basis of their pro rata share of the
total increment. Beginning on January 1, 1993, each municipality's proportional
share of the Illinois Tax Increment Fund shall be determined by adding the
annual Net State Sales Tax Increment and the annual Net Utility Tax Increment
to determine the Annual Total Increment. The ratio of the Annual Total
Increment of each municipality to the Annual Total Increment for all
municipalities, as most recently calculated by the Department, shall determine
the proportional shares of the Illinois Tax Increment Fund to be distributed to
each municipality.
(7.1) No distribution of Net State Sales Tax Increment
to a municipality for an area within a State Sales Tax Boundary shall
exceed in any State Fiscal Year an amount equal
to 3 times the sum of the Municipal Sales Tax Increment, the real
property tax increment and deposits of funds from other sources, excluding
state and federal funds, as certified by the city treasurer to the
Department of Revenue for an area within a State Sales Tax Boundary. After
July 29, 1988, for those municipalities which issue bonds between June 1,
1988 and 3 years from July 29, 1988 to finance redevelopment projects
within the area in a State Sales Tax Boundary, the distribution of Net
State Sales Tax Increment during the 16th through 20th years from the date
of issuance of the bonds shall not exceed in any State Fiscal Year an
amount equal to 2 times the sum of the Municipal Sales Tax Increment, the
real property tax increment and deposits of funds from other sources,
excluding State and federal funds.
(8) Any person who knowingly files or causes to be filed false
information for the purpose of increasing the amount of any State tax
incremental revenue commits a Class A misdemeanor.
(9) The following procedures shall be followed to determine whether
municipalities have complied with the Act for the purpose of receiving
distributions after July 1, 1989 pursuant to subsection (1) of this
Section 11-74.4-8a.
(a) The Department of Revenue shall conduct a
|
| preliminary review of the redevelopment project areas and redevelopment plans pertaining to those municipalities receiving payments from the State pursuant to subsection (1) of Section 8a of this Act for the purpose of determining compliance with the following standards:
|
|
(1) For any municipality with a population of
|
| more than 12,000 as determined by the 1980 U.S. Census: (a) the redevelopment project area, or in the case of a municipality which has more than one redevelopment project area, each such area, must be contiguous and the total of all such areas shall not comprise more than 25% of the area within the municipal boundaries nor more than 20% of the equalized assessed value of the municipality; (b) the aggregate amount of 1985 taxes in the redevelopment project area, or in the case of a municipality which has more than one redevelopment project area, the total of all such areas, shall be not more than 25% of the total base year taxes paid by retailers and servicemen on transactions at places of business located within the municipality under the Retailers' Occupation Tax Act, the Use Tax Act, the Service Use Tax Act, and the Service Occupation Tax Act. Redevelopment project areas created prior to 1986 are not subject to the above standards if their boundaries were not amended in 1986.
|
|
(2) For any municipality with a population of
|
| 12,000 or less as determined by the 1980 U.S. Census: (a) the redevelopment project area, or in the case of a municipality which has more than one redevelopment project area, each such area, must be contiguous and the total of all such areas shall not comprise more than 35% of the area within the municipal boundaries nor more than 30% of the equalized assessed value of the municipality; (b) the aggregate amount of 1985 taxes in the redevelopment project area, or in the case of a municipality which has more than one redevelopment project area, the total of all such areas, shall not be more than 35% of the total base year taxes paid by retailers and servicemen on transactions at places of business located within the municipality under the Retailers' Occupation Tax Act, the Use Tax Act, the Service Use Tax Act, and the Service Occupation Tax Act. Redevelopment project areas created prior to 1986 are not subject to the above standards if their boundaries were not amended in 1986.
|
|
(3) Such preliminary review of the redevelopment
|
| project areas applying the above standards shall be completed by November 1, 1988, and on or before November 1, 1988, the Department shall notify each municipality by certified mail, return receipt requested that either (1) the Department requires additional time in which to complete its preliminary review; or (2) the Department is issuing either (a) a Certificate of Eligibility or (b) a Notice of Review. If the Department notifies a municipality that it requires additional time to complete its preliminary investigation, it shall complete its preliminary investigation no later than February 1, 1989, and by February 1, 1989 shall issue to each municipality either (a) a Certificate of Eligibility or (b) a Notice of Review. A redevelopment project area for which a Certificate of Eligibility has been issued shall be deemed a "State Sales Tax Boundary."
|
|
(4) The Department of Revenue shall also issue a
|
| Notice of Review if the Department has received a request by November 1, 1988 to conduct such a review from taxpayers in the municipality, local taxing districts located in the municipality or the State of Illinois, or if the redevelopment project area has more than 5 retailers and has had growth in State sales tax revenue of more than 15% from calendar year 1985 to 1986.
|
|
(b) For those municipalities receiving a Notice of
|
| Review, the Department will conduct a secondary review consisting of: (i) application of the above standards contained in subsection (9)(a)(1)(a) and (b) or (9)(a)(2)(a) and (b), and (ii) the definitions of blighted and conservation area provided for in Section 11-74.4-3. Such secondary review shall be completed by July 1, 1989.
|
|
Upon completion of the secondary review, the
|
| Department will issue (a) a Certificate of Eligibility or (b) a Preliminary Notice of Deficiency. Any municipality receiving a Preliminary Notice of Deficiency may amend its redevelopment project area to meet the standards and definitions set forth in this paragraph (b). This amended redevelopment project area shall become the "State Sales Tax Boundary" for purposes of determining the State Sales Tax Increment.
|
|
(c) If the municipality advises the Department of its
|
| intent to comply with the requirements of paragraph (b) of this subsection outlined in the Preliminary Notice of Deficiency, within 120 days of receiving such notice from the Department, the municipality shall submit documentation to the Department of the actions it has taken to cure any deficiencies. Thereafter, within 30 days of the receipt of the documentation, the Department shall either issue a Certificate of Eligibility or a Final Notice of Deficiency. If the municipality fails to advise the Department of its intent to comply or fails to submit adequate documentation of such cure of deficiencies the Department shall issue a Final Notice of Deficiency that provides that the municipality is ineligible for payment of the Net State Sales Tax Increment.
|
|
(d) If the Department issues a final determination of
|
| ineligibility, the municipality shall have 30 days from the receipt of determination to protest and request a hearing. Such hearing shall be conducted in accordance with Sections 10-25, 10-35, 10-40, and 10-50 of the Illinois Administrative Procedure Act. The decision following the hearing shall be subject to review under the Administrative Review Law.
|
|
(e) Any Certificate of Eligibility issued pursuant to
|
| this subsection 9 shall be binding only on the State for the purposes of establishing municipal eligibility to receive revenue pursuant to subsection (1) of this Section 11-74.4-8a.
|
|
(f) It is the intent of this subsection that the
|
| periods of time to cure deficiencies shall be in addition to all other periods of time permitted by this Section, regardless of the date by which plans were originally required to be adopted. To cure said deficiencies, however, the municipality shall be required to follow the procedures and requirements pertaining to amendments, as provided in Sections 11-74.4-5 and 11-74.4-6 of this Act.
|
|
(10) If a municipality adopts a State Sales Tax Boundary in accordance
with the provisions of subsection (9) of this Section, such boundaries
shall subsequently be utilized to determine Revised Initial Sales Tax
Amounts and the Net State Sales Tax Increment; provided, however, that such
revised State Sales Tax Boundary shall not have any effect upon the boundary of
the redevelopment project area established for the purposes of determining the
ad valorem taxes on real property pursuant to Sections 11-74.4-7 and 11-74.4-8
of this Act nor upon the municipality's authority to implement
the redevelopment plan for that redevelopment project area. For any
redevelopment project area with a smaller State Sales Tax Boundary within
its area, the municipality may annually elect to deposit the Municipal
Sales Tax Increment for the redevelopment project area in the special tax
allocation fund and shall certify the amount to the Department prior to
receipt of the Net State Sales Tax Increment. Any municipality required by
subsection (9) to establish a State Sales Tax Boundary for one or more of
its redevelopment project areas shall submit all necessary information
required by the Department concerning such boundary and the retailers
therein, by October 1, 1989, after complying with the procedures for
amendment set forth in Sections 11-74.4-5 and 11-74.4-6 of this Act. Net
State Sales Tax Increment produced within the State Sales Tax Boundary
shall be spent only within that area. However expenditures of all municipal
property tax increment and municipal sales tax increment in a redevelopment
project area are not required to be spent within the smaller State Sales
Tax Boundary within such redevelopment project area.
(11) The Department of Revenue shall have the authority to issue rules
and regulations for purposes of this Section.
(12) If, under Section 5.4.1 of the Illinois Enterprise Zone Act, a
municipality determines that property that lies within a State Sales Tax
Boundary has an improvement, rehabilitation, or renovation that is entitled to
a property tax abatement, then that property along with any improvements,
rehabilitation, or renovations shall be immediately removed from any State
Sales Tax Boundary. The municipality that made the determination shall notify
the Department of Revenue within 30 days after the determination. Once a
property is removed from the State Sales Tax Boundary because of the existence
of a property tax abatement resulting from an enterprise
zone, then that property shall not be permitted to
be amended into a State Sales Tax Boundary.
(Source: P.A. 100-201, eff. 8-18-17.)
|