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90_HB0525ham002
LRB9001030DNmbam03
1 AMENDMENT TO HOUSE BILL 525
2 AMENDMENT NO. . Amend House Bill 525, AS AMENDED,
3 with reference to page and line numbers of House Amendment
4 No. 1, on page 1, line 5, after "11-74.4-3," by inserting
5 "11-74.4-4.1," and after "11-74.4-5," by inserting
6 "11-74.4-6,"; and
7 on page 1, line 10, after "11-74.4-3," by inserting
8 "11-74.4-4.1," and after "11-74.4-5," by inserting
9 "11-74.4-6,"; and
10 on page 20, below line 5, by inserting the following:
11 "(6) If any tax increment revenues are to be used
12 for the purposes of removal of 10 or more inhabited
13 residential units in a redevelopment project area
14 established after the effective date of this amendatory
15 Act of 1997, the municipality shall prepare, as part of
16 the eligibility study for the qualification of the
17 redevelopment project area, a housing impact study that
18 shall address the following factors:
19 (i) Part I of the study shall set forth the
20 number and type of housing units being removed.
21 This information shall include data as to whether
22 the housing units located within the redevelopment
23 project area are single family or multi-family
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1 units, the number and type of rooms within the
2 units, and whether the units are inhabited or
3 uninhabited at the time the property is inspected
4 but in no event more than 60 days after the adoption
5 of the ordinance required by Section 4.1 of this
6 Act.
7 (ii) Part II of the study shall include the
8 municipality's plans for providing relocation
9 assistance to the residents of the housing units to
10 be removed. If the municipality plans to provide
11 relocation assistance, then the type and extent of
12 that assistance shall be set forth in the
13 eligibility study and the redevelopment plan, along
14 with a description of the relocation housing. If
15 the municipality does not plan to provide relocation
16 assistance to the residents of these housing units,
17 then the municipality shall, within the eligibility
18 study and redevelopment plan, provide a full
19 explanation as to why that assistance is not planned
20 and the means by which the displaced residents shall
21 find alternative housing, along with a description
22 of the alternative housing that is available in the
23 municipality.
24 (7) If the redevelopment plan or proposed
25 redevelopment plan for the area would require removal of
26 10 or more inhabited residential units, the redevelopment
27 plan shall also provide for relocation assistance of not
28 less than that which would be provided under the federal
29 Uniform Relocation Assistance Act of 1970. This
30 provision applies to the operation of all redevelopment
31 project areas after the effective date of this amendatory
32 Act of 1997."; and
33 on page 23, line 14, after "law" by inserting, "or in order
34 to satisfy subparagraph (7) of subsection (n)"; and
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1 on page 24, line 22, by changing "and" to "and"; and
2 on page 24, line 29, by changing "Act." to "Act;."; and
3 on page 24, below line 29, by inserting the following:
4 "(E) the limits set forth in subparagraphs (B)
5 and (D) of paragraph (11) shall be modified for the
6 financing of rehabilitated or new housing units for
7 low and very low income families, as defined in
8 Section 3 of the Illinois Affordable Housing Act.
9 The percentage of 75% shall be substituted for 30%
10 in subparagraphs (B) and (D) of paragraph (11).
11 In lieu of the benefits provided by
12 subparagraphs (B) and (D) of paragraph 11, as
13 modified by this subparagraph, and notwithstanding
14 any other provisions of this Act to the contrary,
15 the municipality may pay from tax increment revenues
16 up to 50% of the cost of construction of new housing
17 units to be occupied by low and very low income
18 residents as defined in Section 3 of the Illinois
19 Affordable Housing Act. The cost of construction of
20 those units may be derived from the proceeds of
21 bonds issued by the municipality pursuant to this
22 Act or other constitutional or statutory authority
23 or from other sources of municipal revenue that may
24 be reimbursed from tax increment revenues or the
25 proceeds of bonds issued to finance the construction
26 of such housing.
27 The standards for maintaining the occupancy of
28 these units by low and very low income persons, as
29 defined in Section 3 of the Illinois Affordable
30 Housing Act, shall be established by guidelines
31 adopted by the municipality. The responsibility for
32 annually documenting the continued occupancy of the
33 units by low and very low income persons, as defined
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1 in Section 3 of the Illinois Affordable Housing Act,
2 shall be the developer and subsequent owner of the
3 property. The municipality may modify these
4 guidelines from time to time; however, the
5 guidelines shall be in effect for as long as tax
6 increment revenue is being used to pay for costs
7 associated with the units or for the retirement of
8 bonds issued to finance the units."; and
9 on page 29, below line 3, by inserting the following:
10 "(65 ILCS 5/11-74.4-4.1)
11 Sec. 11-74.4-4.1. If a municipality by its corporate
12 authorities, or as it may determine by any commission
13 designated under subsection (k) of Section 11-74.4-4, adopts
14 an ordinance or resolution providing for a feasibility study
15 on the designation of an area as a redevelopment project
16 area, a copy of the ordinance or resolution shall immediately
17 be sent to all taxing districts that would be affected by the
18 designation.
19 The ordinance or resolution shall include:
20 (1) The boundaries of the area to be studied for
21 possible designation as a redevelopment project area.
22 (2) The purpose or purposes of the redevelopment
23 area.
24 (3) A brief description of the tax increment
25 mechanism.
26 (4) The name, phone number, and address of the
27 municipal officer who can be contacted for additional
28 information about the proposed redevelopment project area
29 and who should receive all comments and suggestions
30 regarding the redevelopment of the area to be studied.
31 If one of the planned purposes of the redevelopment
32 project area would require the removal of 10 or more
33 inhabited residential units, the municipality must adopt an
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1 ordinance providing for a feasibility study on the
2 designation of the area as a redevelopment project area as
3 provided in this Section.
4 (Source: P.A. 88-537.)"; and
5 on page 29, line 22, after "mail." by inserting, "For
6 redevelopment project areas with redevelopment plans or
7 proposed redevelopment plans that would require removal of 10
8 or more inhabited residential units, the report, along with
9 the name of a municipal official to contact for further
10 information, shall be sent by certified mail within a
11 reasonable time after the adoption of the ordinance or
12 resolution to all organizations that have registered with the
13 municipality for such information within the 3 prior years.";
14 and
15 on page 30, line 32, after "member." by inserting, "For
16 redevelopment project areas with redevelopment plans or
17 proposed redevelopment plans that would require removal of 10
18 or more inhabited residential units, the public member shall
19 be a person who resides in a very low, low, or moderate
20 income household, as defined in Section 3 of the Illinois
21 Affordable Housing Act, that is located within the
22 redevelopment project area."; and
23 on page 35, line 4, after "11-74.4-3." by inserting, "For
24 redevelopment project areas with redevelopment plans or
25 proposed redevelopment plans that would require removal of 10
26 or more inhabited residential units, the information required
27 in this subsection shall also be sent by certified mail to
28 all organizations that have registered with the municipality
29 for such information within the prior 3 years. All
30 municipalities are subject to this provision."; and
31 on page 36, below line 6, by inserting the following:
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1 "(65 ILCS 5/11-74.4-6) (from Ch. 24, par. 11-74.4-6)
2 Sec. 11-74.4-6. (a) Except as provided herein, notice of
3 the public hearing shall be given by publication and mailing.
4 Notice by publication shall be given by publication at least
5 twice, the first publication to be not more than 30 nor less
6 than 10 days prior to the hearing in a newspaper of general
7 circulation within the taxing districts having property in
8 the proposed redevelopment project area. Notice by mailing
9 shall be given by depositing such notice in the United States
10 mails by certified mail addressed to the person or persons
11 in whose name the general taxes for the last preceding year
12 were paid on each lot, block, tract, or parcel of land lying
13 within the project redevelopment area. Said notice shall be
14 mailed not less than 10 days prior to the date set for the
15 public hearing. In the event taxes for the last preceding
16 year were not paid, the notice shall also be sent to the
17 persons last listed on the tax rolls within the preceding 3
18 years as the owners of such property. For redevelopment
19 project areas with redevelopment plans or proposed
20 redevelopment plans that would require removal of 10 or more
21 inhabited residential units, the municipality shall make a
22 good faith effort to notify by mail all residents of the
23 redevelopment project area. At a minimum, the municipality
24 shall mail a notice to each residential address located
25 within the redevelopment project area. The municipality
26 shall endeavor to ensure that all such notices are
27 effectively communicated and may include (in addition to
28 notice in English) notice in languages other than English
29 when appropriate.
30 (b) The notices issued pursuant to this Section shall
31 include the following:
32 (1) The time and place of public hearing;
33 (2) The boundaries of the proposed redevelopment
34 project area by legal description and by street location
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1 where possible;
2 (3) A notification that all interested persons will
3 be given an opportunity to be heard at the public
4 hearing;
5 (4) A description of the redevelopment plan or
6 redevelopment project for the proposed redevelopment
7 project area if a plan or project is the subject matter
8 of the hearing.
9 (5) Such other matters as the municipality may deem
10 appropriate.
11 (c) Not less than 45 days prior to the date set for
12 hearing, the municipality shall give notice by mail as
13 provided in subsection (a) to all taxing districts of which
14 taxable property is included in the redevelopment project
15 area, project or plan and to the Department of Commerce and
16 Community Affairs, and in addition to the other requirements
17 under subsection (b) the notice shall include an invitation
18 to the Department of Commerce and Community Affairs and each
19 taxing district to submit comments to the municipality
20 concerning the subject matter of the hearing prior to the
21 date of hearing.
22 (d) In the event that any municipality has by ordinance
23 adopted tax increment financing prior to 1987, and has
24 complied with the notice requirements of this Section, except
25 that the notice has not included the requirements of
26 subsection (b), paragraphs (2), (3) and (4), and within 90
27 days of the effective date of this amendatory Act of 1991,
28 that municipality passes an ordinance which contains findings
29 that: (1) all taxing districts prior to the time of the
30 hearing required by Section 11-74.4-5 were furnished with
31 copies of a map incorporated into the redevelopment plan and
32 project substantially showing the legal boundaries of the
33 redevelopment project area; (2) the redevelopment plan and
34 project, or a draft thereof, contained a map substantially
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1 showing the legal boundaries of the redevelopment project
2 area and was available to the public at the time of the
3 hearing; and (3) since the adoption of any form of tax
4 increment financing authorized by this Act, and prior to June
5 1, 1991, no objection or challenge has been made in writing
6 to the municipality in respect to the notices required by
7 this Section, then the municipality shall be deemed to have
8 met the notice requirements of this Act and all actions of
9 the municipality taken in connection with such notices as
10 were given are hereby validated and hereby declared to be
11 legally sufficient for all purposes of this Act.
12 (Source: P.A. 86-142; 87-813.)".