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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB5438 Introduced , by Rep. Ron Sandack SYNOPSIS AS INTRODUCED: |
| 50 ILCS 310/4 | from Ch. 85, par. 704 | 55 ILCS 5/6-31004 | from Ch. 34, par. 6-31004 | 65 ILCS 5/8-8-3.5 | | 65 ILCS 5/8-8-4 | from Ch. 24, par. 8-8-4 | 65 ILCS 5/11-74.4-5 | from Ch. 24, par. 11-74.4-5 |
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Amends the Governmental Account Audit Act, Counties Code, and Illinois Municipal Code. Provides that the amount of fees owed by a governmental unit for delinquent audits or reports may be reduced at the Comptroller's discretion. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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1 | | AN ACT concerning local government.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Governmental Account Audit Act is amended by |
5 | | changing Section 4 as follows:
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6 | | (50 ILCS 310/4) (from Ch. 85, par. 704)
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7 | | Sec. 4. Overdue report.
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8 | | (a) If the required report for a governmental unit is not |
9 | | filed with the
Comptroller in accordance with Section 2 or |
10 | | Section 3, whichever is
applicable, within 6 months after the |
11 | | close of the fiscal year of the
governmental unit, the |
12 | | Comptroller shall notify the governing body of that
unit in |
13 | | writing that the report is due and may also grant a 60 day
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14 | | extension for the filing of the audit report. If the required |
15 | | report is not
filed within the time specified in such written |
16 | | notice, the Comptroller
shall cause an audit to be made by a |
17 | | licensed public accountant, and the
governmental unit shall pay |
18 | | to the Comptroller actual compensation and
expenses to |
19 | | reimburse him for the cost of preparing or completing such
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20 | | report.
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21 | | (b) The Comptroller may decline to order an audit and the |
22 | | preparation of
an audit report (i) if an initial examination of |
23 | | the books and records of
the
governmental unit indicates that |
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1 | | the books and records of the governmental unit
are inadequate |
2 | | or unavailable due to the passage of time or the occurrence of |
3 | | a
natural disaster or (ii) if the Comptroller determines that |
4 | | the cost of an
audit would impose an unreasonable financial |
5 | | burden on the governmental unit.
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6 | | (c) The State Comptroller may grant extensions for |
7 | | delinquent audits or reports. The Comptroller may charge a |
8 | | governmental unit a fee for a delinquent audit or report of $5 |
9 | | per day for the first 15 days past due, $10 per day for 16 |
10 | | through 30 days past due, $15 per day for 31 through 45 days |
11 | | past due, and $20 per day for the 46th day and every day |
12 | | thereafter. These amounts may be reduced at the Comptroller's |
13 | | discretion. All fees collected under this subsection (c) shall |
14 | | be deposited into the Comptroller's Administrative Fund. |
15 | | (Source: P.A. 97-890, eff. 8-2-12; 97-1142, eff. 12-28-12.)
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16 | | Section 10. The Counties Code is amended by changing |
17 | | Section 6-31004 as follows:
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18 | | (55 ILCS 5/6-31004) (from Ch. 34, par. 6-31004)
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19 | | Sec. 6-31004. Overdue reports.
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20 | | (a) In the event the required reports for
a county are not |
21 | | filed with the Comptroller in accordance with Section 6-31003
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22 | | within 6 months after the close of the fiscal year of the |
23 | | county, the
Comptroller shall notify the county board in |
24 | | writing that the reports are
due, and may also grant an |
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1 | | extension of time of up to 60 days for the
filing of the |
2 | | reports. In the event the required reports are not filed
within |
3 | | the time specified in such written notice, the Comptroller |
4 | | shall
cause the audit to be made and the audit report prepared |
5 | | by an accountant
or accountants.
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6 | | (b) The Comptroller may decline to order an audit and the |
7 | | preparation of
an
audit report if an initial examination of the |
8 | | books and records of the
governmental unit indicates that the |
9 | | books and records of the governmental unit
are inadequate or |
10 | | unavailable due to the passage of time or the occurrence of a
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11 | | natural disaster.
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12 | | (c) The State Comptroller may grant extensions for |
13 | | delinquent audits or reports. The Comptroller may charge a |
14 | | county a fee for a delinquent audit or report of $5 per day for |
15 | | the first 15 days past due, $10 per day for 16 through 30 days |
16 | | past due, $15 per day for 31 through 45 days past due, and $20 |
17 | | per day for the 46th day and every day thereafter. These |
18 | | amounts may be reduced at the Comptroller's discretion. All |
19 | | fees collected under this subsection (c) shall be deposited |
20 | | into the Comptroller's Administrative Fund. |
21 | | (Source: P.A. 97-890, eff. 8-2-12; 97-1142, eff. 12-28-12.)
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22 | | Section 15. The Illinois Municipal Code is amended by |
23 | | changing Sections 8-8-3.5, 8-8-4 and 11-74.4-5 as follows:
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24 | | (65 ILCS 5/8-8-3.5)
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1 | | Sec. 8-8-3.5. Tax Increment Financing Report. The reports |
2 | | filed under
subsection (d) of Section 11-74.4-5 of the Tax |
3 | | Increment Allocation
Redevelopment Act and the reports filed |
4 | | under subsection (d) of Section
11-74.6-22 of the Industrial |
5 | | Jobs Recovery Law
in the Illinois Municipal Code must be |
6 | | separate from any
other annual report filed with the |
7 | | Comptroller. The Comptroller must, in
cooperation with |
8 | | reporting municipalities, create
a format for the reporting of |
9 | | information described in paragraphs (1.5)
and (5) and
in |
10 | | subparagraph (G) of paragraph (7) of subsection (d) of Section
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11 | | 11-74.4-5 of
the Tax Increment Allocation Redevelopment Act
and |
12 | | the information described in paragraphs (1.5) and (5) and in |
13 | | subparagraph
(G) of paragraph (7) of subsection (d) of Section |
14 | | 11-74.6-22 of the Industrial
Jobs Recovery Law
that facilitates |
15 | | consistent
reporting among the reporting municipalities. The |
16 | | Comptroller may allow these
reports to be filed electronically |
17 | | and may display the report, or portions of
the report, |
18 | | electronically via the Internet. All reports filed under this
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19 | | Section must be made available for examination and copying by |
20 | | the public at all
reasonable times. A Tax Increment Financing |
21 | | Report must be filed electronically with the Comptroller within |
22 | | 180 days after the close of the municipal fiscal year or as |
23 | | soon thereafter as the audit for the redevelopment
project area |
24 | | for that fiscal year becomes available. If the Tax Increment |
25 | | Finance administrator provides the Comptroller's office with |
26 | | sufficient evidence that the report is in the process of being |
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1 | | completed by an auditor, the Comptroller may grant an |
2 | | extension. The Comptroller may, at his or her discretion, also |
3 | | grant 60-day extension for the filing of this information. The |
4 | | Comptroller may exempt a municipality from filing this |
5 | | information if an initial examination of the books and records |
6 | | of the municipality indicates that the books and records are |
7 | | inadequate or unavailable due to the passage of time or the |
8 | | occurrence of a natural disaster. If the required report is not |
9 | | filed within
the
time extended by the Comptroller, the |
10 | | Comptroller may charge a municipality a fee of $5 per day for |
11 | | the first 15 days past due, $10 per day for 16 through 30 days |
12 | | past due, $15 per day for 31 through 45 days past due, and $20 |
13 | | per day for the 46th day and every day thereafter. These |
14 | | amounts may be reduced at the Comptroller's discretion. All |
15 | | fees collected pursuant to this Section shall be deposited into |
16 | | the Comptroller's Administrative Fund.
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17 | | (Source: P.A. 98-497, eff. 8-16-13.)
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18 | | (65 ILCS 5/8-8-4) (from Ch. 24, par. 8-8-4)
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19 | | Sec. 8-8-4. Overdue reports.
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20 | | (a) In the event the required audit report for
a |
21 | | municipality is not filed
with the Comptroller in accordance |
22 | | with Section 8-8-7 within 6 months after
the close of the |
23 | | fiscal year of the municipality, the Comptroller shall
notify |
24 | | the corporate authorities of that municipality in writing that |
25 | | the
audit report is due, and may also grant an extension of |
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1 | | time of 60 days,
for the filing of the audit report. In the |
2 | | event the required audit report
is not filed within the time |
3 | | specified in such written notice, the
Comptroller shall cause |
4 | | such audit to be made by an accountant or
accountants. In the |
5 | | event the required annual or supplemental report for a
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6 | | municipality is not filed within 6 months after the close of |
7 | | the fiscal
year of the municipality, the Comptroller shall |
8 | | notify the corporate
authorities of that municipality in |
9 | | writing that the annual or supplemental
report is due and may |
10 | | grant an extension in time of 60 days for the filing
of such |
11 | | annual or supplemental report.
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12 | | (b) In the event the annual or supplemental report is not |
13 | | filed within
the
time extended by the Comptroller, the |
14 | | Comptroller shall cause such annual
or supplemental report to |
15 | | be prepared or completed and the municipality
shall pay to the |
16 | | Comptroller reasonable compensation and expenses to
reimburse |
17 | | him for the cost of preparing or completing such annual or
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18 | | supplemental report.
Moneys paid to the Comptroller pursuant to |
19 | | the preceding sentence shall be
deposited into the |
20 | | Comptroller's Audit Expense Revolving Fund.
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21 | | (c) The Comptroller may decline to order an audit or the |
22 | | completion of the
supplemental report if an initial examination |
23 | | of the books and records of the
municipality indicates that |
24 | | books and records of the municipality are
inadequate or |
25 | | unavailable to support the preparation of the audit report or |
26 | | the
supplemental report due to the passage of time or the |
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1 | | occurrence of a natural
disaster.
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2 | | (d) The State Comptroller may grant extensions for |
3 | | delinquent audits or reports. The Comptroller may charge a |
4 | | municipality a fee for a delinquent audit or report of $5 per |
5 | | day for the first 15 days past due, $10 per day for 16 through |
6 | | 30 days past due, $15 per day for 31 through 45 days past due, |
7 | | and $20 per day for the 46th day and every day thereafter. |
8 | | These amounts may be reduced at the Comptroller's discretion. |
9 | | All fees collected under this subsection (d) shall be deposited |
10 | | into the Comptroller's Administrative Fund. |
11 | | (Source: P.A. 97-890, eff. 8-2-12; 97-1142, eff. 12-28-12.)
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12 | | (65 ILCS 5/11-74.4-5) (from Ch. 24, par. 11-74.4-5)
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13 | | Sec. 11-74.4-5. Public hearing; joint review board. |
14 | | (a) The changes made by this amendatory Act of the 91st
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15 | | General Assembly do not apply to a municipality that, (i) |
16 | | before the
effective date of this amendatory Act of the 91st |
17 | | General Assembly,
has adopted an ordinance or resolution fixing |
18 | | a time and place for a
public hearing under this Section or |
19 | | (ii) before July 1, 1999, has adopted
an ordinance or |
20 | | resolution providing for a feasibility study under Section
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21 | | 11-74.4-4.1, but has not yet adopted an ordinance
approving |
22 | | redevelopment plans and redevelopment projects or designating
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23 | | redevelopment project areas under Section 11-74.4-4, until |
24 | | after that
municipality adopts an ordinance
approving |
25 | | redevelopment plans and redevelopment projects or designating
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1 | | redevelopment project areas under Section 11-74.4-4; |
2 | | thereafter the changes
made by this amendatory Act of the 91st |
3 | | General Assembly apply to the same
extent that they apply to
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4 | | redevelopment plans and redevelopment projects that were |
5 | | approved and
redevelopment projects that were designated |
6 | | before the effective date of this
amendatory Act of the 91st |
7 | | General Assembly.
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8 | | Prior to the adoption of an ordinance proposing the
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9 | | designation of a redevelopment project area, or approving a
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10 | | redevelopment plan or redevelopment project, the municipality |
11 | | by its
corporate authorities, or as it may determine by any |
12 | | commission
designated under subsection (k) of Section |
13 | | 11-74.4-4 shall adopt an
ordinance or resolution fixing
a time |
14 | | and place for public hearing.
At least 10 days prior to the |
15 | | adoption of the ordinance or resolution
establishing the time
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16 | | and place for the public hearing, the municipality shall make |
17 | | available for
public inspection a redevelopment plan or a |
18 | | separate report that provides in
reasonable detail the basis |
19 | | for the eligibility of
the redevelopment project area. The |
20 | | report along with the name of a
person to
contact for further |
21 | | information shall be sent within a reasonable time
after the |
22 | | adoption of such ordinance or resolution to the
affected taxing |
23 | | districts
by certified mail.
On and after the effective date of |
24 | | this amendatory Act of the 91st General
Assembly, the |
25 | | municipality shall print in a newspaper of general circulation
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26 | | within the municipality a notice that interested persons may |
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1 | | register with the
municipality in order to receive information |
2 | | on the proposed designation of a
redevelopment project area or |
3 | | the approval of a redevelopment plan. The notice
shall state |
4 | | the place of registration and the operating hours of that |
5 | | place.
The municipality shall have adopted reasonable rules to |
6 | | implement this
registration process under Section 11-74.4-4.2.
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7 | | The municipality shall provide notice of the availability of |
8 | | the
redevelopment plan and eligibility report, including how to |
9 | | obtain this
information, by mail within a reasonable time after |
10 | | the adoption of the
ordinance or resolution, to all residential |
11 | | addresses that, after a good faith
effort, the municipality |
12 | | determines are located outside the proposed
redevelopment |
13 | | project area and within 750 feet of the
boundaries of the |
14 | | proposed redevelopment project area. This requirement is
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15 | | subject to the limitation that in a municipality with a |
16 | | population of over
100,000, if the total number of residential |
17 | | addresses outside the proposed
redevelopment project area and |
18 | | within 750 feet of the
boundaries of the proposed redevelopment |
19 | | project area exceeds 750, the
municipality shall be required to |
20 | | provide the notice to only the 750
residential addresses that, |
21 | | after a good faith effort, the municipality
determines are |
22 | | outside the proposed redevelopment project area and closest
to |
23 | | the boundaries of the proposed redevelopment project
area.
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24 | | Notwithstanding the foregoing, notice given after August 7, |
25 | | 2001 (the
effective date of Public Act 92-263) and before the |
26 | | effective date of this
amendatory Act of the 92nd General |
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1 | | Assembly to residential addresses within 750
feet of the |
2 | | boundaries of a proposed redevelopment project area shall be |
3 | | deemed
to have been sufficiently given in compliance with this |
4 | | Act if given only to
residents outside the boundaries of the |
5 | | proposed redevelopment project area.
The notice shall also be |
6 | | provided by the municipality, regardless of its
population, to |
7 | | those organizations and residents that have registered with the
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8 | | municipality for that information in accordance with the |
9 | | registration
guidelines established by the municipality under |
10 | | Section 11-74.4-4.2.
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11 | | At the public hearing any
interested person or affected |
12 | | taxing district may file with the
municipal clerk written |
13 | | objections to and may be heard orally in respect
to any issues |
14 | | embodied in the notice. The municipality shall hear all |
15 | | protests
and objections at the hearing and the hearing may
be |
16 | | adjourned to another date without further notice other than a |
17 | | motion
to be entered upon the minutes fixing the time and place |
18 | | of the
subsequent hearing.
At the public hearing or at any time |
19 | | prior to the
adoption by the municipality of an ordinance |
20 | | approving a redevelopment plan,
the municipality may make |
21 | | changes in the redevelopment plan. Changes which (1)
add |
22 | | additional parcels of property to the proposed redevelopment |
23 | | project area,
(2) substantially affect the general land uses |
24 | | proposed in the redevelopment
plan, (3) substantially change |
25 | | the nature of or extend the life of the
redevelopment project,
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26 | | or (4) increase the number of inhabited residential units to be |
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1 | | displaced from the redevelopment project area, as
measured from |
2 | | the time of creation of the redevelopment project area, to a |
3 | | total of more than
10,
shall be made only after the
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4 | | municipality gives notice,
convenes a joint review board, and |
5 | | conducts a public hearing pursuant to the
procedures set forth |
6 | | in this Section and in Section 11-74.4-6 of this Act.
Changes |
7 | | which do not (1) add additional parcels of property to the |
8 | | proposed
redevelopment project area, (2) substantially affect |
9 | | the general land uses
proposed in the redevelopment plan, (3) |
10 | | substantially change the nature of
or extend the life of the |
11 | | redevelopment project,
or (4) increase the number of inhabited |
12 | | residential units to be displaced from the redevelopment |
13 | | project area, as
measured from the time of creation of the |
14 | | redevelopment project area, to a total
of more than 10,
may be |
15 | | made without further
hearing, provided that the municipality |
16 | | shall give notice of any such changes
by mail to each affected |
17 | | taxing district and registrant on the interested
parties |
18 | | registry, provided for under Section 11-74.4-4.2, and by |
19 | | publication in
a newspaper of
general circulation within the |
20 | | affected taxing district. Such notice by mail
and by |
21 | | publication shall each occur not later than 10 days following |
22 | | the
adoption by ordinance of such changes. Hearings with regard |
23 | | to a redevelopment
project area, project or plan may be held |
24 | | simultaneously.
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25 | | (b) Prior to holding a public hearing to approve or amend a |
26 | | redevelopment
plan or to designate or add additional parcels of |
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1 | | property to a redevelopment
project area, the municipality
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2 | | shall convene a joint review board. The board shall consist of |
3 | | a representative
selected by each community college district, |
4 | | local elementary school
district and high school district or |
5 | | each local community unit school
district, park district, |
6 | | library district, township, fire protection
district, and |
7 | | county that will have the authority to
directly levy taxes on |
8 | | the property within the proposed redevelopment
project area at |
9 | | the time that the proposed redevelopment project area is
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10 | | approved, a representative selected by the municipality and a |
11 | | public
member. The public member shall first be selected and |
12 | | then the board's
chairperson shall be selected by
a majority of |
13 | | the board members present and voting.
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14 | | For redevelopment project areas with redevelopment plans |
15 | | or proposed
redevelopment plans that would
result in the |
16 | | displacement of residents from 10 or more inhabited residential
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17 | | units or that include 75 or more inhabited residential units, |
18 | | the public member
shall be a person who resides in the |
19 | | redevelopment project area. If, as
determined by the housing |
20 | | impact study provided for in paragraph (5) of
subsection (n) of |
21 | | Section 11-74.4-3, or if no housing impact study is required
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22 | | then based on other reasonable data, the majority of |
23 | | residential units are
occupied by very low, low, or moderate |
24 | | income households, as defined in Section
3 of the Illinois |
25 | | Affordable Housing Act, the public member shall be a person
who |
26 | | resides in very low, low, or moderate income housing within the
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1 | | redevelopment project area. Municipalities with fewer than |
2 | | 15,000 residents
shall not be required to select a person who |
3 | | lives in very low, low, or
moderate income housing within the |
4 | | redevelopment project area, provided that
the redevelopment |
5 | | plan or project will not result in displacement of residents
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6 | | from 10 or more inhabited units, and the municipality so |
7 | | certifies
in the plan. If no person satisfying these |
8 | | requirements is available or if no
qualified person will serve |
9 | | as the public member, then the joint review board
is relieved |
10 | | of this paragraph's selection requirements for the public
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11 | | member.
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12 | | Within 90 days of the effective date of this amendatory Act |
13 | | of the 91st
General Assembly, each municipality that designated |
14 | | a redevelopment project
area for which it was not required to |
15 | | convene a joint review board under this
Section shall convene a |
16 | | joint review board to perform the
duties specified under |
17 | | paragraph (e) of this Section.
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18 | | All board members shall be appointed and the first board |
19 | | meeting shall be
held at least 14 days but not more than 28 |
20 | | days after the
mailing of notice by the
municipality to the |
21 | | taxing
districts as required by Section 11-74.4-6(c).
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22 | | Notwithstanding the preceding sentence, a municipality that |
23 | | adopted either a
public hearing resolution or a feasibility |
24 | | resolution between July 1, 1999 and
July 1, 2000 that called |
25 | | for the meeting of the joint review board within 14
days of |
26 | | notice of public hearing to affected taxing districts is deemed |
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1 | | to be
in compliance with the notice, meeting, and public |
2 | | hearing provisions of the
Act.
Such notice
shall also advise
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3 | | the taxing bodies represented on the joint review board of the |
4 | | time and place
of the first meeting of the board. Additional |
5 | | meetings of the
board shall be held upon the call of any |
6 | | member. The municipality
seeking designation of the |
7 | | redevelopment project area shall provide
administrative |
8 | | support to the board.
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9 | | The board shall review (i) the public record, planning |
10 | | documents and
proposed ordinances approving the redevelopment |
11 | | plan and
project and (ii) proposed amendments to the |
12 | | redevelopment plan or additions
of parcels of property to the |
13 | | redevelopment project area to be
adopted by the municipality. |
14 | | As part of its deliberations, the board may
hold additional |
15 | | hearings on the proposal. A
board's recommendation shall be
an |
16 | | advisory, non-binding recommendation. The recommendation shall |
17 | | be adopted
by a majority of those members present and voting. |
18 | | The recommendations shall
be submitted to the municipality
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19 | | within 30 days after convening of the board.
Failure of the |
20 | | board to
submit
its report on a timely basis shall not be cause |
21 | | to delay the public hearing
or any other step in the process of |
22 | | designating or
amending the
redevelopment project area but |
23 | | shall be deemed to constitute approval by the
joint review |
24 | | board of the matters before it.
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25 | | The board shall base its recommendation to approve or |
26 | | disapprove the
redevelopment plan and the designation of the |
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1 | | redevelopment project area or the
amendment of the |
2 | | redevelopment plan or addition of parcels of property to the
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3 | | redevelopment project area on the basis of the redevelopment |
4 | | project area and
redevelopment plan satisfying the
plan |
5 | | requirements, the eligibility criteria
defined in Section |
6 | | 11-74.4-3, and the objectives of this Act.
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7 | | The board shall issue a written report describing why the
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8 | | redevelopment plan and project area or the amendment thereof |
9 | | meets or
fails to meet one or more of the objectives of this |
10 | | Act and both the plan
requirements and the eligibility criteria |
11 | | defined in Section 11-74.4-3.
In the event the Board does not |
12 | | file a report it shall be presumed
that these taxing bodies |
13 | | find the redevelopment project area and
redevelopment plan |
14 | | satisfy the
objectives of this Act and the plan requirements |
15 | | and eligibility criteria.
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16 | | If the board recommends rejection of the matters before it, |
17 | | the
municipality will have 30 days within which to resubmit the |
18 | | plan or amendment.
During this period, the municipality will |
19 | | meet and confer with the board and
attempt to resolve those |
20 | | issues set forth in the board's written report that
led to the |
21 | | rejection of the plan or amendment.
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22 | | Notwithstanding the resubmission set forth above, the |
23 | | municipality may
commence the scheduled public hearing and |
24 | | either adjourn the public hearing or
continue the public |
25 | | hearing until a date certain. Prior to continuing any
public |
26 | | hearing to a date certain, the municipality shall announce |
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1 | | during the
public hearing the time, date, and location for the |
2 | | reconvening of the public
hearing. Any changes to the |
3 | | redevelopment plan necessary to satisfy the issues
set forth in |
4 | | the joint review board report shall be the subject of a public
|
5 | | hearing before the hearing is adjourned if the changes would |
6 | | (1) substantially
affect the general land uses proposed in the |
7 | | redevelopment plan, (2)
substantially change the nature of or |
8 | | extend the life of the redevelopment
project, or (3) increase |
9 | | the number of inhabited residential units to be
displaced from |
10 | | the redevelopment project area, as
measured from the
time of |
11 | | creation of the redevelopment project area, to a total of
more |
12 | | than 10. Changes to the redevelopment plan necessary
to
satisfy |
13 | | the issues set forth in the joint review board report shall not |
14 | | require
any further notice or convening of a joint review board |
15 | | meeting, except that
any changes to the redevelopment plan that |
16 | | would add additional parcels of
property to the proposed |
17 | | redevelopment project area shall be subject to the
notice, |
18 | | public hearing, and joint review board meeting requirements |
19 | | established
for such changes by subsection (a) of Section |
20 | | 11-74.4-5.
|
21 | | In the event that the
municipality and the board are unable |
22 | | to resolve these differences, or in the
event that the |
23 | | resubmitted plan or amendment is rejected by the board, the
|
24 | | municipality may proceed with the plan or amendment, but only |
25 | | upon a
three-fifths vote of the corporate authority responsible |
26 | | for approval of the
plan or amendment, excluding positions of |
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1 | | members that are vacant and those
members that are ineligible |
2 | | to vote because of conflicts of interest.
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3 | | (c) After a municipality has by ordinance approved a |
4 | | redevelopment plan
and designated a redevelopment project |
5 | | area, the plan may be amended and
additional properties may be |
6 | | added to the redevelopment project area only as
herein |
7 | | provided. Amendments which (1) add additional parcels of |
8 | | property to
the proposed redevelopment project area, (2) |
9 | | substantially affect the general
land uses proposed in the |
10 | | redevelopment plan, (3) substantially change the
nature of the |
11 | | redevelopment project, (4) increase the total estimated
|
12 | | redevelopment
project costs set out in the redevelopment plan |
13 | | by more than 5% after
adjustment for inflation from the date |
14 | | the plan was adopted, (5) add
additional redevelopment project |
15 | | costs to the itemized list of redevelopment
project costs set |
16 | | out in the redevelopment plan, or (6) increase the number of
|
17 | | inhabited residential units to be
displaced from the |
18 | | redevelopment
project area, as measured from the time of |
19 | | creation of
the
redevelopment project area, to a total of more |
20 | | than
10, shall be made only after
the
municipality gives |
21 | | notice, convenes a joint review board, and conducts a public
|
22 | | hearing pursuant to the procedures set forth in this Section |
23 | | and in Section
11-74.4-6 of this Act. Changes which do not (1) |
24 | | add additional parcels of
property to the proposed |
25 | | redevelopment project area, (2) substantially affect
the |
26 | | general land uses proposed in the redevelopment plan, (3) |
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1 | | substantially
change the nature of the redevelopment project, |
2 | | (4) increase the total
estimated redevelopment project cost set |
3 | | out in the redevelopment plan by more
than 5% after adjustment |
4 | | for inflation from the date the plan was adopted,
(5) add |
5 | | additional redevelopment project costs to the itemized list of
|
6 | | redevelopment project costs set out in the redevelopment plan, |
7 | | or (6) increase
the number of inhabited residential units to be |
8 | | displaced from the
redevelopment project area, as measured from |
9 | | the time of
creation of
the redevelopment project area, to a |
10 | | total of more than 10, may be made
without further public |
11 | | hearing
and related notices and procedures including the |
12 | | convening of a joint review
board as set forth in Section |
13 | | 11-74.4-6 of this Act, provided that the
municipality shall |
14 | | give notice of
any such changes by mail to each affected taxing |
15 | | district and registrant on the
interested parties registry, |
16 | | provided for under Section 11-74.4-4.2, and by
publication in
a |
17 | | newspaper of general circulation within the affected taxing |
18 | | district. Such
notice by mail and by publication shall each |
19 | | occur not later than 10 days
following the adoption by |
20 | | ordinance of such changes.
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21 | | (d) After the effective date of this amendatory Act of the |
22 | | 91st General
Assembly, a
municipality shall submit in an |
23 | | electronic format the
following information for each |
24 | | redevelopment project area (i) to the State
Comptroller under |
25 | | Section 8-8-3.5 of the Illinois Municipal Code , subject to any |
26 | | extensions or exemptions provided at the Comptroller's |
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1 | | discretion under that Section,
and (ii) to all taxing districts |
2 | | overlapping the
redevelopment project area no later than 180
|
3 | | days after the close of each municipal fiscal year or as soon |
4 | | thereafter as
the audited financial
statements become |
5 | | available and, in any case, shall be submitted before the
|
6 | | annual meeting of the Joint Review Board to each of the taxing |
7 | | districts that
overlap the redevelopment project area:
|
8 | | (1) Any amendments to the redevelopment plan, the |
9 | | redevelopment
project area, or the State Sales Tax |
10 | | Boundary.
|
11 | | (1.5) A list of the redevelopment project areas |
12 | | administered by the
municipality and, if applicable, the |
13 | | date each redevelopment project area was
designated or |
14 | | terminated by the municipality.
|
15 | | (2) Audited financial statements of the special tax |
16 | | allocation fund once a
cumulative total of $100,000 has |
17 | | been deposited in the fund.
|
18 | | (3) Certification of the Chief Executive Officer of the |
19 | | municipality
that the municipality has complied with all of |
20 | | the requirements of this Act
during the preceding fiscal |
21 | | year.
|
22 | | (4) An opinion of legal counsel that the municipality |
23 | | is in compliance
with this Act.
|
24 | | (5) An analysis of the special tax allocation fund |
25 | | which sets forth:
|
26 | | (A) the balance in the special tax allocation fund |
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1 | | at the beginning of
the fiscal year;
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2 | | (B) all amounts deposited in the special tax |
3 | | allocation fund by source;
|
4 | | (C) an itemized list of all expenditures from the |
5 | | special tax
allocation fund by category of
permissible |
6 | | redevelopment project cost; and
|
7 | | (D) the balance in the special tax allocation fund |
8 | | at the end of the
fiscal year including a breakdown of |
9 | | that balance by source and a breakdown
of that balance |
10 | | identifying any portion of the balance that is |
11 | | required,
pledged, earmarked, or otherwise designated |
12 | | for payment of or securing of
obligations and |
13 | | anticipated redevelopment project costs. Any portion |
14 | | of
such ending balance that has not been identified or |
15 | | is not identified as
being
required, pledged, |
16 | | earmarked, or otherwise designated for payment of or
|
17 | | securing of obligations or anticipated redevelopment |
18 | | projects costs
shall be designated as surplus as set |
19 | | forth in Section
11-74.4-7 hereof.
|
20 | | (6) A description of all property purchased by the |
21 | | municipality within
the redevelopment project area |
22 | | including:
|
23 | | (A) Street address.
|
24 | | (B) Approximate size or description of property.
|
25 | | (C) Purchase price.
|
26 | | (D) Seller of property.
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1 | | (7) A statement setting forth all activities |
2 | | undertaken in furtherance
of the objectives of the |
3 | | redevelopment plan, including:
|
4 | | (A) Any project implemented in the preceding |
5 | | fiscal year.
|
6 | | (B) A description of the redevelopment activities |
7 | | undertaken.
|
8 | | (C) A description of any agreements entered into by |
9 | | the municipality
with
regard to the disposition or |
10 | | redevelopment of any property within the
redevelopment |
11 | | project area or the area within the State Sales Tax |
12 | | Boundary.
|
13 | | (D) Additional information on the use of all funds |
14 | | received under this
Division and steps taken by the
|
15 | | municipality to achieve the objectives of the |
16 | | redevelopment plan.
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17 | | (E) Information regarding contracts that the |
18 | | municipality's tax
increment advisors or consultants |
19 | | have entered into with entities or persons
that have |
20 | | received, or are receiving, payments financed by tax |
21 | | increment
revenues produced by the same redevelopment |
22 | | project area.
|
23 | | (F) Any reports submitted to the municipality by |
24 | | the joint review board.
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25 | | (G) A review of public and, to the extent possible, |
26 | | private investment
actually undertaken to date after |
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1 | | the effective date of this amendatory Act of
the 91st |
2 | | General Assembly and estimated to be undertaken during |
3 | | the following
year. This review shall, on a |
4 | | project-by-project basis, set forth the
estimated |
5 | | amounts of public and private investment incurred |
6 | | after the effective
date of this amendatory Act of the |
7 | | 91st General Assembly and provide the ratio
of private |
8 | | investment to public investment to the date of the |
9 | | report and as
estimated to the completion of the |
10 | | redevelopment project.
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11 | | (8) With regard to any obligations issued by the |
12 | | municipality:
|
13 | | (A) copies of any official statements; and
|
14 | | (B) an analysis prepared by financial advisor or |
15 | | underwriter setting
forth: (i) nature and term of |
16 | | obligation; and (ii) projected debt service
including |
17 | | required reserves and debt coverage.
|
18 | | (9) For special tax allocation funds that have |
19 | | experienced cumulative
deposits of incremental tax |
20 | | revenues of $100,000 or more, a certified audit
report |
21 | | reviewing compliance
with this Act
performed by an |
22 | | independent public accountant certified and licensed by |
23 | | the
authority of the State of Illinois. The financial |
24 | | portion of the audit
must be conducted in accordance with |
25 | | Standards for Audits of Governmental
Organizations, |
26 | | Programs, Activities, and Functions adopted by the
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1 | | Comptroller General of the United States (1981), as |
2 | | amended, or the standards
specified by Section 8-8-5 of the |
3 | | Illinois Municipal Auditing Law of the
Illinois Municipal |
4 | | Code. The audit
report shall contain a letter from the |
5 | | independent certified public accountant
indicating |
6 | | compliance or noncompliance with the requirements
of |
7 | | subsection (q) of Section 11-74.4-3. For redevelopment |
8 | | plans or
projects that would result in the displacement of |
9 | | residents from 10 or more
inhabited residential units or |
10 | | that contain 75 or more inhabited residential
units, notice |
11 | | of the availability of the information, including how to |
12 | | obtain
the report, required in this subsection shall also |
13 | | be sent by mail to all
residents or organizations that |
14 | | operate in the municipality that register with
the |
15 | | municipality for that information according to |
16 | | registration procedures
adopted under Section 11-74.4-4.2. |
17 | | All municipalities are subject to this
provision.
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18 | | (10) A list of all intergovernmental agreements in |
19 | | effect during the fiscal year to which the municipality is |
20 | | a party and an accounting of any moneys transferred or |
21 | | received by the municipality during that fiscal year |
22 | | pursuant to those intergovernmental agreements. |
23 | | (d-1) Prior to the effective date of this amendatory Act of |
24 | | the 91st
General Assembly, municipalities with populations of |
25 | | over 1,000,000 shall,
after
adoption of a redevelopment plan or |
26 | | project, make available upon request to any
taxing district in |
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1 | | which the redevelopment project area is located the
following |
2 | | information:
|
3 | | (1) Any amendments to the redevelopment plan, the |
4 | | redevelopment project
area, or the State Sales Tax |
5 | | Boundary; and
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6 | | (2) In connection with any redevelopment project area |
7 | | for which the
municipality has outstanding obligations |
8 | | issued to provide for redevelopment
project costs pursuant |
9 | | to Section 11-74.4-7, audited financial statements of
the |
10 | | special tax allocation fund.
|
11 | | (e) The joint review board shall meet annually 180 days
|
12 | | after the close of the municipal fiscal year or as soon as the |
13 | | redevelopment
project audit for that fiscal year becomes |
14 | | available to review the
effectiveness and status of the |
15 | | redevelopment project area up to that date.
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16 | | (f) (Blank).
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17 | | (g) In the event that a municipality has held a public |
18 | | hearing under this
Section prior to March 14, 1994 (the |
19 | | effective date of Public Act 88-537), the
requirements imposed |
20 | | by Public Act 88-537 relating to the method of fixing the
time |
21 | | and place for public hearing, the materials and information |
22 | | required to be
made available for public inspection, and the |
23 | | information required to be sent
after adoption of an ordinance |
24 | | or resolution fixing a time and place for public
hearing shall |
25 | | not be applicable.
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26 | | (h) On and after the effective date of this amendatory Act |
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1 | | of the 96th General Assembly, the State Comptroller must post |
2 | | on the State Comptroller's official website the information |
3 | | submitted by a municipality pursuant to subsection (d) of this |
4 | | Section. The information must be posted no later than 45 days |
5 | | after the State Comptroller receives the information from the |
6 | | municipality. The State Comptroller must also post a list of |
7 | | the municipalities not in compliance with the reporting |
8 | | requirements set forth in subsection (d) of this Section. |
9 | | (i) No later than 10 years after the corporate authorities |
10 | | of a municipality adopt an ordinance to establish a |
11 | | redevelopment project area, the municipality must compile a |
12 | | status report concerning the redevelopment project area. The |
13 | | status report must detail without limitation the following: (i) |
14 | | the amount of revenue generated within the redevelopment |
15 | | project area, (ii) any expenditures made by the municipality |
16 | | for the redevelopment project area including without |
17 | | limitation expenditures from the special tax allocation fund, |
18 | | (iii) the status of planned activities, goals, and objectives |
19 | | set forth in the redevelopment plan including details on new or |
20 | | planned construction within the redevelopment project area, |
21 | | (iv) the amount of private and public investment within the |
22 | | redevelopment project area, and (v) any other relevant |
23 | | evaluation or performance data. Within 30 days after the |
24 | | municipality compiles the status report, the municipality must |
25 | | hold at least one public hearing concerning the report. The |
26 | | municipality must provide 20 days' public notice of the |
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1 | | hearing. |
2 | | (j) Beginning in fiscal year 2011 and in each fiscal year |
3 | | thereafter, a municipality must detail in its annual budget (i) |
4 | | the revenues generated from redevelopment project areas by |
5 | | source and (ii) the expenditures made by the municipality for |
6 | | redevelopment project areas. |
7 | | (Source: P.A. 96-1335, eff. 7-27-10.)
|
8 | | Section 99. Effective date. This Act takes effect upon |
9 | | becoming law.
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