093_SB0417enr

 
SB417 Enrolled                       LRB093 06237 SJM 06348 b

 1        AN ACT concerning taxes.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Illinois  Municipal Code is amended by
 5    changing   Sections   11-74.4-3,   11-74.4-4,    11-74.4-4.1,
 6    11-74.4-7, 11-74.4-8, and 11-74.4-10 as follows:

 7        (65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3)
 8        Sec.   11-74.4-3.  Definitions.    The  following  terms,
 9    wherever used or referred to in this Division 74.4 shall have
10    the following respective  meanings,  unless  in  any  case  a
11    different meaning clearly appears from the context.
12        (a)  For  any  redevelopment  project  area that has been
13    designated pursuant to this Section by an  ordinance  adopted
14    prior  to  November 1, 1999 (the effective date of Public Act
15    91-478), "blighted area" shall have the meaning set forth  in
16    this Section prior to that date.
17        On  and after November 1, 1999, "blighted area" means any
18    improved  or  vacant  area  within  the   boundaries   of   a
19    redevelopment  project  area  located  within the territorial
20    limits of the municipality where:
21             (1)  If  improved,   industrial,   commercial,   and
22        residential  buildings or improvements are detrimental to
23        the public  safety,  health,  or  welfare  because  of  a
24        combination  of  5 or more of the following factors, each
25        of which is (i) present, with that  presence  documented,
26        to  a  meaningful  extent  so  that  a  municipality  may
27        reasonably find that the factor is clearly present within
28        the  intent  of  the  Act and (ii) reasonably distributed
29        throughout the improved part of the redevelopment project
30        area:
31                  (A)  Dilapidation.   An   advanced   state   of
 
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 1             disrepair  or  neglect  of  necessary repairs to the
 2             primary  structural  components  of   buildings   or
 3             improvements in such a combination that a documented
 4             building  condition  analysis  determines that major
 5             repair is required or the defects are so serious and
 6             so extensive that the buildings must be removed.
 7                  (B)  Obsolescence.  The condition or process of
 8             falling  into   disuse.   Structures   have   become
 9             ill-suited for the original use.
10                  (C)  Deterioration.  With respect to buildings,
11             defects including, but not limited to, major defects
12             in  the secondary building components such as doors,
13             windows,  porches,  gutters  and   downspouts,   and
14             fascia.   With respect to surface improvements, that
15             the condition of roadways, alleys,  curbs,  gutters,
16             sidewalks,  off-street  parking, and surface storage
17             areas evidence  deterioration,  including,  but  not
18             limited  to,  surface cracking, crumbling, potholes,
19             depressions,  loose  paving  material,   and   weeds
20             protruding through paved surfaces.
21                  (D)  Presence  of structures below minimum code
22             standards.  All structures  that  do  not  meet  the
23             standards  of  zoning,  subdivision, building, fire,
24             and other governmental codes applicable to property,
25             but not including housing and  property  maintenance
26             codes.
27                  (E)  Illegal use of individual structures.  The
28             use   of   structures  in  violation  of  applicable
29             federal, State, or local laws,  exclusive  of  those
30             applicable  to  the  presence  of  structures  below
31             minimum code standards.
32                  (F)  Excessive   vacancies.   The  presence  of
33             buildings that are unoccupied or under-utilized  and
34             that  represent  an  adverse  influence  on the area
 
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 1             because of the frequency, extent, or duration of the
 2             vacancies.
 3                  (G)  Lack of ventilation,  light,  or  sanitary
 4             facilities.  The absence of adequate ventilation for
 5             light  or air circulation in spaces or rooms without
 6             windows, or that require the removal of dust,  odor,
 7             gas,  smoke,  or  other  noxious airborne materials.
 8             Inadequate natural light and ventilation  means  the
 9             absence  of skylights or windows for interior spaces
10             or rooms and improper window sizes  and  amounts  by
11             room   area   to  window  area  ratios.   Inadequate
12             sanitary  facilities  refers  to  the   absence   or
13             inadequacy   of   garbage   storage  and  enclosure,
14             bathroom facilities, hot  water  and  kitchens,  and
15             structural   inadequacies   preventing  ingress  and
16             egress to and from all  rooms  and  units  within  a
17             building.
18                  (H)  Inadequate   utilities.   Underground  and
19             overhead utilities such as storm  sewers  and  storm
20             drainage,  sanitary  sewers,  water  lines, and gas,
21             telephone, and electrical services that are shown to
22             be inadequate.  Inadequate utilities are those  that
23             are:  (i) of insufficient capacity to serve the uses
24             in   the   redevelopment    project    area,    (ii)
25             deteriorated, antiquated, obsolete, or in disrepair,
26             or  (iii)  lacking  within the redevelopment project
27             area.
28                  (I)  Excessive land coverage  and  overcrowding
29             of   structures   and   community  facilities.   The
30             over-intensive use of property and the  crowding  of
31             buildings  and  accessory  facilities  onto  a site.
32             Examples  of  problem  conditions   warranting   the
33             designation  of  an area as one exhibiting excessive
34             land coverage are: (i)  the  presence  of  buildings
 
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 1             either  improperly situated on parcels or located on
 2             parcels of inadequate size and shape in relation  to
 3             present-day  standards of development for health and
 4             safety and (ii) the presence of  multiple  buildings
 5             on  a  single  parcel.  For there to be a finding of
 6             excessive land coverage, these parcels must  exhibit
 7             one   or   more   of   the   following   conditions:
 8             insufficient  provision  for light and air within or
 9             around buildings, increased threat of spread of fire
10             due to the close proximity  of  buildings,  lack  of
11             adequate  or proper access to a public right-of-way,
12             lack of reasonably required off-street  parking,  or
13             inadequate provision for loading and service.
14                  (J)  Deleterious   land  use  or  layout.   The
15             existence of  incompatible  land-use  relationships,
16             buildings  occupied  by inappropriate mixed-uses, or
17             uses  considered  to  be  noxious,   offensive,   or
18             unsuitable for the surrounding area.
19                  (K)  Environmental   clean-up.    The  proposed
20             redevelopment project  area  has  incurred  Illinois
21             Environmental  Protection  Agency  or  United States
22             Environmental Protection  Agency  remediation  costs
23             for,   or   a  study  conducted  by  an  independent
24             consultant  recognized  as   having   expertise   in
25             environmental remediation has determined a need for,
26             the   clean-up   of   hazardous   waste,   hazardous
27             substances, or underground storage tanks required by
28             State  or federal law, provided that the remediation
29             costs  constitute  a  material  impediment  to   the
30             development  or  redevelopment  of the redevelopment
31             project area.
32                  (L)  Lack of community planning.  The  proposed
33             redevelopment project area was developed prior to or
34             without the benefit or guidance of a community plan.
 
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 1             This  means  that  the development occurred prior to
 2             the adoption by the municipality of a  comprehensive
 3             or  other  community  plan  or that the plan was not
 4             followed at the  time  of  the  area's  development.
 5             This  factor  must  be  documented  by  evidence  of
 6             adverse   or  incompatible  land-use  relationships,
 7             inadequate  street  layout,  improper   subdivision,
 8             parcels   of  inadequate  shape  and  size  to  meet
 9             contemporary   development   standards,   or   other
10             evidence  demonstrating  an  absence  of   effective
11             community planning.
12                  (M)  The  total equalized assessed value of the
13             proposed redevelopment project area has declined for
14             3 of the last 5 calendar years prior to the year  in
15             which  the  redevelopment project area is designated
16             or is increasing at an annual rate that is less than
17             the balance of the municipality for 3 of the last  5
18             calendar years for which information is available or
19             is  increasing  at  an annual rate that is less than
20             the Consumer Price Index  for  All  Urban  Consumers
21             published  by  the United States Department of Labor
22             or successor agency for 3 of  the  last  5  calendar
23             years  prior  to the year in which the redevelopment
24             project area is designated.
25             (2)  If   vacant,   the   sound   growth   of    the
26        redevelopment  project  area is impaired by a combination
27        of 2 or more of the following factors, each of  which  is
28        (i)   present,   with  that  presence  documented,  to  a
29        meaningful extent so that a municipality  may  reasonably
30        find that the factor is clearly present within the intent
31        of the Act and (ii) reasonably distributed throughout the
32        vacant part of the redevelopment project area to which it
33        pertains:
34                  (A)  Obsolete  platting  of  vacant  land  that
 
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 1             results  in  parcels  of  limited  or narrow size or
 2             configurations of parcels of irregular size or shape
 3             that would be difficult  to  develop  on  a  planned
 4             basis  and  in a manner compatible with contemporary
 5             standards and requirements, or platting that  failed
 6             to  create  rights-of-ways  for streets or alleys or
 7             that  created  inadequate  right-of-way  widths  for
 8             streets, alleys, or other  public  rights-of-way  or
 9             that omitted easements for public utilities.
10                  (B)  Diversity   of  ownership  of  parcels  of
11             vacant land sufficient in number to retard or impede
12             the ability to assemble the land for development.
13                  (C)  Tax and special  assessment  delinquencies
14             exist  or  the  property has been the subject of tax
15             sales under the Property Tax Code within the last  5
16             years.
17                  (D)  Deterioration   of   structures   or  site
18             improvements in neighboring areas  adjacent  to  the
19             vacant land.
20                  (E)  The    area    has    incurred    Illinois
21             Environmental  Protection  Agency  or  United States
22             Environmental Protection  Agency  remediation  costs
23             for,   or   a  study  conducted  by  an  independent
24             consultant  recognized  as   having   expertise   in
25             environmental remediation has determined a need for,
26             the   clean-up   of   hazardous   waste,   hazardous
27             substances, or underground storage tanks required by
28             State  or federal law, provided that the remediation
29             costs  constitute  a  material  impediment  to   the
30             development  or  redevelopment  of the redevelopment
31             project area.
32                  (F)  The total equalized assessed value of  the
33             proposed redevelopment project area has declined for
34             3  of the last 5 calendar years prior to the year in
 
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 1             which the redevelopment project area  is  designated
 2             or is increasing at an annual rate that is less than
 3             the  balance of the municipality for 3 of the last 5
 4             calendar years for which information is available or
 5             is increasing at an annual rate that  is  less  than
 6             the  Consumer  Price  Index  for All Urban Consumers
 7             published by the United States Department  of  Labor
 8             or  successor  agency  for  3 of the last 5 calendar
 9             years prior to the year in which  the  redevelopment
10             project area is designated.
11             (3)  If    vacant,   the   sound   growth   of   the
12        redevelopment project area is  impaired  by  one  of  the
13        following factors that (i) is present, with that presence
14        documented, to a meaningful extent so that a municipality
15        may  reasonably  find  that the factor is clearly present
16        within the intent of  the  Act  and  (ii)  is  reasonably
17        distributed   throughout   the   vacant   part   of   the
18        redevelopment project area to which it pertains:
19                  (A)  The  area  consists  of one or more unused
20             quarries, mines, or strip mine ponds.
21                  (B)  The area  consists  of  unused  railyards,
22             rail tracks, or railroad rights-of-way.
23                  (C)  The  area,  prior  to  its designation, is
24             subject  to  (i)  chronic  flooding  that  adversely
25             impacts on real property in the area as certified by
26             a registered professional  engineer  or  appropriate
27             regulatory   agency   or  (ii)  surface  water  that
28             discharges from all  or  a  part  of  the  area  and
29             contributes  to  flooding within the same watershed,
30             but only if the redevelopment project  provides  for
31             facilities  or  improvements  to  contribute  to the
32             alleviation of all or part of the flooding.
33                  (D)  The area consists of an unused or  illegal
34             disposal  site  containing  earth,  stone,  building
 
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 1             debris,  or similar materials that were removed from
 2             construction,  demolition,  excavation,  or   dredge
 3             sites.
 4                  (E)  Prior to November 1, 1999, the area is not
 5             less  than  50  nor  more  than 100 acres and 75% of
 6             which is vacant (notwithstanding that the  area  has
 7             been   used  for  commercial  agricultural  purposes
 8             within 5 years  prior  to  the  designation  of  the
 9             redevelopment  project  area), and the area meets at
10             least one of the factors itemized in  paragraph  (1)
11             of  this subsection, the area has been designated as
12             a  town  or   village   center   by   ordinance   or
13             comprehensive plan adopted prior to January 1, 1982,
14             and  the  area  has  not  been  developed  for  that
15             designated purpose.
16                  (F)  The  area qualified as a blighted improved
17             area immediately prior to  becoming  vacant,  unless
18             there has been substantial private investment in the
19             immediately surrounding area.
20        (b)  For  any  redevelopment  project  area that has been
21    designated pursuant to this Section by an  ordinance  adopted
22    prior  to  November 1, 1999 (the effective date of Public Act
23    91-478), "conservation area" shall have the meaning set forth
24    in this Section prior to that date.
25        On and after November 1, 1999, "conservation area"  means
26    any  improved  area  within the boundaries of a redevelopment
27    project area located within the  territorial  limits  of  the
28    municipality  in  which  50% or more of the structures in the
29    area have an age of 35 years or more. Such an   area  is  not
30    yet a blighted area but because of a combination of 3 or more
31    of the following factors is detrimental to the public safety,
32    health,  morals  or  welfare  and  such  an area may become a
33    blighted area:
34             (1)  Dilapidation.  An advanced state  of  disrepair
 
SB417 Enrolled             -9-       LRB093 06237 SJM 06348 b
 1        or neglect of necessary repairs to the primary structural
 2        components   of  buildings  or  improvements  in  such  a
 3        combination that a documented building condition analysis
 4        determines that major repair is required or  the  defects
 5        are  so  serious and so extensive that the buildings must
 6        be removed.
 7             (2)  Obsolescence.   The  condition  or  process  of
 8        falling into disuse. Structures  have  become  ill-suited
 9        for the original use.
10             (3)  Deterioration.    With  respect  to  buildings,
11        defects including, but not limited to, major  defects  in
12        the secondary building components such as doors, windows,
13        porches,   gutters  and  downspouts,  and  fascia.   With
14        respect to surface improvements, that  the  condition  of
15        roadways,  alleys,  curbs, gutters, sidewalks, off-street
16        parking,   and    surface    storage    areas    evidence
17        deterioration,  including,  but  not  limited to, surface
18        cracking, crumbling, potholes, depressions, loose  paving
19        material, and weeds protruding through paved surfaces.
20             (4)  Presence   of  structures  below  minimum  code
21        standards.  All structures that do not meet the standards
22        of  zoning,  subdivision,  building,  fire,   and   other
23        governmental   codes  applicable  to  property,  but  not
24        including housing and property maintenance codes.
25             (5)  Illegal use of individual structures.  The  use
26        of  structures in violation of applicable federal, State,
27        or local laws,  exclusive  of  those  applicable  to  the
28        presence of structures below minimum code standards.
29             (6)  Excessive vacancies.  The presence of buildings
30        that  are unoccupied or under-utilized and that represent
31        an  adverse  influence  on  the  area  because   of   the
32        frequency, extent, or duration of the vacancies.
33             (7)  Lack   of   ventilation,   light,  or  sanitary
34        facilities.  The  absence  of  adequate  ventilation  for
 
SB417 Enrolled             -10-      LRB093 06237 SJM 06348 b
 1        light  or  air  circulation  in  spaces  or rooms without
 2        windows, or that require the removal of dust, odor,  gas,
 3        smoke,  or  other noxious airborne materials.  Inadequate
 4        natural  light  and  ventilation  means  the  absence  or
 5        inadequacy of skylights or windows for interior spaces or
 6        rooms and improper window sizes and amounts by room  area
 7        to  window  area  ratios.  Inadequate sanitary facilities
 8        refers to the absence or inadequacy  of  garbage  storage
 9        and   enclosure,   bathroom  facilities,  hot  water  and
10        kitchens, and structural inadequacies preventing  ingress
11        and  egress  to  and  from  all  rooms and units within a
12        building.
13             (8)  Inadequate utilities.  Underground and overhead
14        utilities  such  as  storm  sewers  and  storm  drainage,
15        sanitary sewers, water lines,  and  gas,  telephone,  and
16        electrical  services  that  are  shown  to be inadequate.
17        Inadequate  utilities  are  those  that   are:   (i)   of
18        insufficient   capacity   to   serve   the  uses  in  the
19        redevelopment   project    area,    (ii)    deteriorated,
20        antiquated,  obsolete,  or in disrepair, or (iii) lacking
21        within the redevelopment project area.
22             (9)  Excessive land  coverage  and  overcrowding  of
23        structures  and community facilities.  The over-intensive
24        use  of  property  and  the  crowding  of  buildings  and
25        accessory facilities onto a site.   Examples  of  problem
26        conditions  warranting  the designation of an area as one
27        exhibiting excessive land coverage are: the  presence  of
28        buildings   either  improperly  situated  on  parcels  or
29        located on  parcels  of  inadequate  size  and  shape  in
30        relation  to  present-day  standards  of  development for
31        health and safety and the presence of multiple  buildings
32        on  a  single  parcel.   For  there  to  be  a finding of
33        excessive land coverage, these parcels must  exhibit  one
34        or   more   of  the  following  conditions:  insufficient
 
SB417 Enrolled             -11-      LRB093 06237 SJM 06348 b
 1        provision for light and air within or  around  buildings,
 2        increased  threat  of  spread  of  fire  due to the close
 3        proximity of buildings, lack of adequate or proper access
 4        to a public right-of-way,  lack  of  reasonably  required
 5        off-street  parking,  or inadequate provision for loading
 6        and service.
 7             (10)  Deleterious land use or layout.  The existence
 8        of   incompatible   land-use   relationships,   buildings
 9        occupied by inappropriate mixed-uses, or uses  considered
10        to   be   noxious,   offensive,  or  unsuitable  for  the
11        surrounding area.
12             (11)  Lack  of  community  planning.   The  proposed
13        redevelopment project area  was  developed  prior  to  or
14        without the benefit or guidance of a community plan. This
15        means that the development occurred prior to the adoption
16        by the municipality of a comprehensive or other community
17        plan or that the plan was not followed at the time of the
18        area's  development.   This  factor must be documented by
19        evidence   of   adverse    or    incompatible    land-use
20        relationships,   inadequate   street   layout,   improper
21        subdivision, parcels of inadequate shape and size to meet
22        contemporary  development  standards,  or  other evidence
23        demonstrating an absence of effective community planning.
24             (12)  The area has incurred  Illinois  Environmental
25        Protection   Agency   or   United   States  Environmental
26        Protection Agency  remediation  costs  for,  or  a  study
27        conducted  by  an  independent  consultant  recognized as
28        having  expertise  in   environmental   remediation   has
29        determined  a  need for, the clean-up of hazardous waste,
30        hazardous  substances,  or  underground   storage   tanks
31        required  by  State  or  federal  law,  provided that the
32        remediation costs constitute a material impediment to the
33        development or redevelopment of the redevelopment project
34        area.
 
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 1             (13)  The total  equalized  assessed  value  of  the
 2        proposed redevelopment project area has declined for 3 of
 3        the  last  5  calendar  years  for  which  information is
 4        available or is increasing at an annual rate that is less
 5        than the balance of the municipality for 3 of the last  5
 6        calendar  years  for which information is available or is
 7        increasing at an  annual  rate  that  is  less  than  the
 8        Consumer Price Index for All Urban Consumers published by
 9        the United States Department of Labor or successor agency
10        for  3 of the last 5 calendar years for which information
11        is available.
12        (c)  "Industrial park" means an area  in  a  blighted  or
13    conservation  area  suitable  for  use  by any manufacturing,
14    industrial,  research  or   transportation   enterprise,   of
15    facilities to include but not be limited to factories, mills,
16    processing   plants,   assembly   plants,   packing   plants,
17    fabricating    plants,   industrial   distribution   centers,
18    warehouses, repair overhaul or  service  facilities,  freight
19    terminals,  research  facilities, test facilities or railroad
20    facilities.
21        (d)  "Industrial park conservation area"  means  an  area
22    within the boundaries of a redevelopment project area located
23    within  the  territorial  limits  of a municipality that is a
24    labor surplus municipality or  within  1  1/2  miles  of  the
25    territorial  limits of a municipality that is a labor surplus
26    municipality if the area  is  annexed  to  the  municipality;
27    which  area  is zoned as industrial no later than at the time
28    the municipality by ordinance  designates  the  redevelopment
29    project  area,  and  which  area  includes  both  vacant land
30    suitable for use as an industrial park and a blighted area or
31    conservation area contiguous to such vacant land.
32        (e)  "Labor surplus municipality" means a municipality in
33    which,  at  any  time  during  the  6   months   before   the
34    municipality  by  ordinance  designates  an  industrial  park
 
SB417 Enrolled             -13-      LRB093 06237 SJM 06348 b
 1    conservation  area, the unemployment rate was over 6% and was
 2    also 100% or more of the national average  unemployment  rate
 3    for  that  same  time  as  published  in  the  United  States
 4    Department  of  Labor  Bureau of Labor Statistics publication
 5    entitled  "The  Employment  Situation"   or   its   successor
 6    publication.   For   the   purpose  of  this  subsection,  if
 7    unemployment rate statistics for  the  municipality  are  not
 8    available, the unemployment rate in the municipality shall be
 9    deemed  to  be  the  same  as  the  unemployment  rate in the
10    principal county in which the municipality is located.
11        (f)  "Municipality"  shall  mean  a  city,   village   or
12    incorporated town.
13        (g)  "Initial  Sales  Tax  Amounts"  means  the amount of
14    taxes paid under the Retailers' Occupation Tax Act,  Use  Tax
15    Act, Service Use Tax Act, the Service Occupation Tax Act, the
16    Municipal  Retailers'  Occupation  Tax Act, and the Municipal
17    Service Occupation Tax Act by  retailers  and  servicemen  on
18    transactions  at places located in a State Sales Tax Boundary
19    during the calendar year 1985.
20        (g-1)  "Revised Initial  Sales  Tax  Amounts"  means  the
21    amount of taxes paid under the Retailers' Occupation Tax Act,
22    Use  Tax Act, Service Use Tax Act, the Service Occupation Tax
23    Act, the Municipal Retailers' Occupation  Tax  Act,  and  the
24    Municipal   Service  Occupation  Tax  Act  by  retailers  and
25    servicemen on transactions at places located within the State
26    Sales Tax Boundary revised pursuant to Section  11-74.4-8a(9)
27    of this Act.
28        (h)  "Municipal  Sales  Tax  Increment"  means  an amount
29    equal to the increase in the aggregate amount of  taxes  paid
30    to  a municipality from the Local Government Tax Fund arising
31    from  sales  by   retailers   and   servicemen   within   the
32    redevelopment  project  area  or State Sales Tax Boundary, as
33    the case may be, for as long  as  the  redevelopment  project
34    area  or  State Sales Tax Boundary, as the case may be, exist
 
SB417 Enrolled             -14-      LRB093 06237 SJM 06348 b
 1    over and above the aggregate amount of taxes as certified  by
 2    the  Illinois  Department  of  Revenue  and  paid  under  the
 3    Municipal  Retailers'  Occupation  Tax  Act and the Municipal
 4    Service Occupation Tax Act by retailers  and  servicemen,  on
 5    transactions   at   places   of   business   located  in  the
 6    redevelopment project area or State Sales  Tax  Boundary,  as
 7    the  case  may  be,  during  the base year which shall be the
 8    calendar year immediately prior to  the  year  in  which  the
 9    municipality adopted tax increment allocation financing.  For
10    purposes  of computing the aggregate amount of such taxes for
11    base years occurring prior to 1985, the Department of Revenue
12    shall determine the Initial Sales Tax Amounts for such  taxes
13    and  deduct  therefrom an amount equal to 4% of the aggregate
14    amount of taxes per year for each year the base year is prior
15    to 1985, but not to exceed a  total  deduction  of  12%.  The
16    amount  so determined shall be known as the "Adjusted Initial
17    Sales  Tax  Amounts".   For  purposes  of   determining   the
18    Municipal  Sales  Tax  Increment,  the  Department of Revenue
19    shall for each period subtract from the amount  paid  to  the
20    municipality  from the Local Government Tax Fund arising from
21    sales by retailers and servicemen on transactions located  in
22    the  redevelopment  project  area  or  the  State  Sales  Tax
23    Boundary, as the case may be, the certified Initial Sales Tax
24    Amounts,  the  Adjusted  Initial  Sales  Tax  Amounts  or the
25    Revised  Initial  Sales  Tax  Amounts   for   the   Municipal
26    Retailers'  Occupation  Tax  Act  and  the  Municipal Service
27    Occupation Tax Act.  For the State  Fiscal  Year  1989,  this
28    calculation shall be made by utilizing the calendar year 1987
29    to  determine the tax amounts received.  For the State Fiscal
30    Year 1990, this calculation shall be made  by  utilizing  the
31    period  from  January  1,  1988, until September 30, 1988, to
32    determine  the  tax  amounts  received  from  retailers   and
33    servicemen  pursuant  to  the Municipal Retailers' Occupation
34    Tax and the Municipal Service Occupation Tax Act, which shall
 
SB417 Enrolled             -15-      LRB093 06237 SJM 06348 b
 1    have  deducted  therefrom  nine-twelfths  of  the   certified
 2    Initial  Sales  Tax  Amounts,  the Adjusted Initial Sales Tax
 3    Amounts  or  the  Revised  Initial  Sales  Tax   Amounts   as
 4    appropriate. For the State Fiscal Year 1991, this calculation
 5    shall  be  made by utilizing the period from October 1, 1988,
 6    to June 30, 1989, to determine the tax amounts received  from
 7    retailers and servicemen pursuant to the Municipal Retailers'
 8    Occupation  Tax  and the Municipal Service Occupation Tax Act
 9    which shall have  deducted  therefrom  nine-twelfths  of  the
10    certified  Initial  Sales Tax Amounts, Adjusted Initial Sales
11    Tax Amounts or the  Revised  Initial  Sales  Tax  Amounts  as
12    appropriate.  For  every  State  Fiscal  Year thereafter, the
13    applicable period shall be the 12 months beginning July 1 and
14    ending June 30 to determine the tax  amounts  received  which
15    shall have deducted therefrom the certified Initial Sales Tax
16    Amounts,  the  Adjusted  Initial  Sales  Tax  Amounts  or the
17    Revised Initial Sales Tax Amounts, as the case may be.
18        (i)  "Net State Sales Tax Increment" means the sum of the
19    following: (a) 80% of the first $100,000 of State  Sales  Tax
20    Increment   annually  generated  within  a  State  Sales  Tax
21    Boundary; (b) 60% of the amount in excess of $100,000 but not
22    exceeding $500,000 of  State  Sales  Tax  Increment  annually
23    generated  within  a State Sales Tax Boundary; and (c) 40% of
24    all  amounts  in  excess  of  $500,000  of  State  Sales  Tax
25    Increment  annually  generated  within  a  State  Sales   Tax
26    Boundary.   If,  however,  a  municipality  established a tax
27    increment financing district in a county with a population in
28    excess  of  3,000,000  before  January  1,  1986,   and   the
29    municipality  entered  into  a contract or issued bonds after
30    January 1, 1986, but before December  31,  1986,  to  finance
31    redevelopment   project   costs  within  a  State  Sales  Tax
32    Boundary, then the Net State Sales Tax Increment  means,  for
33    the  fiscal  years  beginning July 1, 1990, and July 1, 1991,
34    100% of the State  Sales  Tax  Increment  annually  generated
 
SB417 Enrolled             -16-      LRB093 06237 SJM 06348 b
 1    within  a  State  Sales Tax Boundary; and notwithstanding any
 2    other provision of this  Act,  for  those  fiscal  years  the
 3    Department    of    Revenue   shall   distribute   to   those
 4    municipalities 100% of their Net State  Sales  Tax  Increment
 5    before   any  distribution  to  any  other  municipality  and
 6    regardless of whether or not those other municipalities  will
 7    receive  100%  of  their  Net State Sales Tax Increment.  For
 8    Fiscal Year 1999, and every year thereafter  until  the  year
 9    2007,  for  any  municipality  that  has  not  entered into a
10    contract or has not issued bonds prior to  June  1,  1988  to
11    finance  redevelopment project costs within a State Sales Tax
12    Boundary,  the  Net  State  Sales  Tax  Increment  shall   be
13    calculated as follows: By multiplying the Net State Sales Tax
14    Increment  by  90%  in the State Fiscal Year 1999; 80% in the
15    State Fiscal Year 2000; 70% in the State  Fiscal  Year  2001;
16    60%  in  the  State Fiscal Year 2002; 50% in the State Fiscal
17    Year 2003; 40% in the State Fiscal  Year  2004;  30%  in  the
18    State  Fiscal  Year  2005; 20% in the State Fiscal Year 2006;
19    and 10% in the State Fiscal Year 2007. No  payment  shall  be
20    made for State Fiscal Year 2008 and thereafter.
21        Municipalities  that  issued  bonds  in connection with a
22    redevelopment project in a redevelopment project area  within
23    the  State Sales Tax Boundary prior to July 29, 1991, or that
24    entered into contracts in  connection  with  a  redevelopment
25    project  in a redevelopment project area before June 1, 1988,
26    shall continue to receive their  proportional  share  of  the
27    Illinois  Tax  Increment  Fund distribution until the date on
28    which the redevelopment project is completed  or  terminated.
29    If,  however,  a municipality that issued bonds in connection
30    with a redevelopment project in a redevelopment project  area
31    within  the  State  Sales Tax Boundary prior to July 29, 1991
32    retires the bonds prior to June 30, 2007  or  a  municipality
33    that   entered   into   contracts   in   connection   with  a
34    redevelopment project in a redevelopment project area  before
 
SB417 Enrolled             -17-      LRB093 06237 SJM 06348 b
 1    June  1, 1988 completes the contracts prior to June 30, 2007,
 2    then so long as the redevelopment project is not completed or
 3    is not terminated, the Net State Sales Tax Increment shall be
 4    calculated, beginning on the date  on  which  the  bonds  are
 5    retired  or  the  contracts  are  completed,  as follows:  By
 6    multiplying the Net State Sales Tax Increment by 60%  in  the
 7    State  Fiscal  Year  2002; 50% in the State Fiscal Year 2003;
 8    40% in the State Fiscal Year 2004; 30% in  the  State  Fiscal
 9    Year  2005; 20% in the State Fiscal Year 2006; and 10% in the
10    State Fiscal Year 2007.  No payment shall be made  for  State
11    Fiscal  Year  2008  and  thereafter.  Refunding  of any bonds
12    issued prior to July 29, 1991, shall not alter the Net  State
13    Sales Tax Increment.
14        (j)  "State Utility Tax Increment Amount" means an amount
15    equal to the aggregate increase in State electric and gas tax
16    charges imposed on owners and tenants, other than residential
17    customers,  of  properties  located  within the redevelopment
18    project area under Section 9-222 of the Public Utilities Act,
19    over and above the aggregate of such charges as certified  by
20    the  Department  of  Revenue  and paid by owners and tenants,
21    other than residential customers, of  properties  within  the
22    redevelopment  project area during the base year, which shall
23    be the calendar year immediately prior to  the  year  of  the
24    adoption   of   the   ordinance   authorizing  tax  increment
25    allocation financing.
26        (k)  "Net State Utility Tax Increment" means the  sum  of
27    the following: (a) 80% of the first $100,000 of State Utility
28    Tax  Increment  annually generated by a redevelopment project
29    area; (b) 60% of the amount in excess  of  $100,000  but  not
30    exceeding   $500,000  of  the  State  Utility  Tax  Increment
31    annually generated by a redevelopment project area;  and  (c)
32    40% of all amounts in excess of $500,000 of State Utility Tax
33    Increment annually generated by a redevelopment project area.
34    For  the  State  Fiscal  Year 1999, and every year thereafter
 
SB417 Enrolled             -18-      LRB093 06237 SJM 06348 b
 1    until the year  2007,  for  any  municipality  that  has  not
 2    entered into a contract or has not issued bonds prior to June
 3    1,  1988  to  finance  redevelopment  project  costs within a
 4    redevelopment  project  area,  the  Net  State  Utility   Tax
 5    Increment  shall be calculated as follows: By multiplying the
 6    Net State Utility Tax Increment by 90% in  the  State  Fiscal
 7    Year  1999;  80%  in  the  State Fiscal Year 2000; 70% in the
 8    State Fiscal Year 2001; 60% in the State  Fiscal  Year  2002;
 9    50%  in  the  State Fiscal Year 2003; 40% in the State Fiscal
10    Year 2004; 30% in the State Fiscal  Year  2005;  20%  in  the
11    State  Fiscal  Year  2006;  and  10% in the State Fiscal Year
12    2007. No payment shall be made for the State Fiscal Year 2008
13    and thereafter.
14        Municipalities that issue bonds in  connection  with  the
15    redevelopment  project  during  the  period from June 1, 1988
16    until 3 years after the effective date of this Amendatory Act
17    of 1988 shall receive the Net State  Utility  Tax  Increment,
18    subject to appropriation, for 15 State Fiscal Years after the
19    issuance  of such bonds.  For the 16th through the 20th State
20    Fiscal Years after issuance  of  the  bonds,  the  Net  State
21    Utility  Tax  Increment  shall  be  calculated as follows: By
22    multiplying the Net State Utility Tax  Increment  by  90%  in
23    year  16; 80% in year 17; 70% in year 18; 60% in year 19; and
24    50% in year 20. Refunding of any bonds issued prior  to  June
25    1,  1988,  shall  not alter the revised Net State Utility Tax
26    Increment payments set forth above.
27        (l)  "Obligations" mean bonds, loans, debentures,  notes,
28    special certificates or other evidence of indebtedness issued
29    by  the  municipality to carry out a redevelopment project or
30    to refund outstanding obligations.
31        (m)  "Payment in lieu of taxes" means those estimated tax
32    revenues from real property in a redevelopment  project  area
33    derived  from  real  property  that  has  been  acquired by a
34    municipality which according to the redevelopment project  or
 
SB417 Enrolled             -19-      LRB093 06237 SJM 06348 b
 1    plan  is  to be used for a private use which taxing districts
 2    would have received had a municipality not acquired the  real
 3    property  and  adopted tax increment allocation financing and
 4    which would result from levies made after  the  time  of  the
 5    adoption  of  tax  increment allocation financing to the time
 6    the  current  equalized  value  of  real  property   in   the
 7    redevelopment   project   area   exceeds  the  total  initial
 8    equalized value of real property in said area.
 9        (n)  "Redevelopment plan" means the comprehensive program
10    of the municipality for development or redevelopment intended
11    by the payment of redevelopment project costs  to  reduce  or
12    eliminate  those  conditions the existence of which qualified
13    the redevelopment  project  area  as  a  "blighted  area"  or
14    "conservation  area"  or  combination  thereof or "industrial
15    park conservation area," and thereby to enhance the tax bases
16    of the taxing districts which extend into  the  redevelopment
17    project  area.  On  and after November 1, 1999 (the effective
18    date of Public Act 91-478),  no  redevelopment  plan  may  be
19    approved  or  amended that includes the development of vacant
20    land (i) with a golf course and related clubhouse  and  other
21    facilities  or  (ii) designated by federal, State, county, or
22    municipal government as public land for outdoor  recreational
23    activities  or for nature preserves and used for that purpose
24    within 5 years prior to the  adoption  of  the  redevelopment
25    plan.   For  the   purpose  of this subsection, "recreational
26    activities" is limited to  mean  camping  and  hunting.  Each
27    redevelopment  plan shall set forth in writing the program to
28    be undertaken to accomplish the objectives  and shall include
29    but not be limited to:
30             (A)  an itemized  list  of  estimated  redevelopment
31        project costs;
32             (B)  evidence   indicating  that  the  redevelopment
33        project area on the whole has not been subject to  growth
34        and development through investment by private enterprise;
 
SB417 Enrolled             -20-      LRB093 06237 SJM 06348 b
 1             (C)  an  assessment  of  any financial impact of the
 2        redevelopment project area on or any increased demand for
 3        services from any taxing district affected  by  the  plan
 4        and  any  program  to  address  such  financial impact or
 5        increased demand;
 6             (D)  the sources of funds to pay costs;
 7             (E)  the nature and term of the  obligations  to  be
 8        issued;
 9             (F)  the most recent equalized assessed valuation of
10        the redevelopment project area;
11             (G)  an   estimate  as  to  the  equalized  assessed
12        valuation after redevelopment and the general  land  uses
13        to apply in the redevelopment project area;
14             (H)  a  commitment  to fair employment practices and
15        an affirmative action plan;
16             (I)  if it concerns an industrial park  conservation
17        area,  the  plan shall also include a general description
18        of  any  proposed  developer,  user  and  tenant  of  any
19        property,  a  description  of  the  type,  structure  and
20        general character of the facilities to  be  developed,  a
21        description   of  the  type,  class  and  number  of  new
22        employees  to  be  employed  in  the  operation  of   the
23        facilities to be developed; and
24             (J)  if   property   is   to   be   annexed  to  the
25        municipality, the plan shall include  the  terms  of  the
26        annexation agreement.
27        The  provisions  of  items (B) and (C) of this subsection
28    (n) shall not apply to a municipality that before  March  14,
29    1994  (the  effective  date  of Public Act 88-537) had fixed,
30    either by  its  corporate  authorities  or  by  a  commission
31    designated  under subsection (k) of Section 11-74.4-4, a time
32    and place for a public hearing as required by subsection  (a)
33    of  Section 11-74.4-5. No redevelopment plan shall be adopted
34    unless a municipality complies  with  all  of  the  following
 
SB417 Enrolled             -21-      LRB093 06237 SJM 06348 b
 1    requirements:
 2             (1)  The  municipality  finds that the redevelopment
 3        project area on the whole has not been subject to  growth
 4        and  development through investment by private enterprise
 5        and would not reasonably be anticipated to  be  developed
 6        without the adoption of the redevelopment plan.
 7             (2)  The  municipality  finds that the redevelopment
 8        plan and project conform to the  comprehensive  plan  for
 9        the  development  of the municipality as a whole, or, for
10        municipalities with a  population  of  100,000  or  more,
11        regardless of when the redevelopment plan and project was
12        adopted,  the  redevelopment plan and project either: (i)
13        conforms  to  the  strategic  economic   development   or
14        redevelopment  plan  issued  by  the  designated planning
15        authority of the municipality, or (ii) includes land uses
16        that have been approved by the planning commission of the
17        municipality.
18             (3)  The   redevelopment   plan   establishes    the
19        estimated   dates  of  completion  of  the  redevelopment
20        project and retirement of obligations issued  to  finance
21        redevelopment  project  costs.   Those dates shall not be
22        later than December 31 of the year in which  the  payment
23        to  the municipal treasurer as provided in subsection (b)
24        of Section 11-74.4-8 of this  Act  is  to  be  made  with
25        respect  to  ad  valorem taxes levied in the twenty-third
26        calendar year after  the  year  in  which  the  ordinance
27        approving  the  redevelopment  project area is adopted if
28        the ordinance was adopted on or after January  15,  1981,
29        and  not  later than December 31 of the year in which the
30        payment  to  the  municipal  treasurer  as  provided   in
31        subsection  (b) of Section 11-74.4-8 of this Act is to be
32        made with respect to  ad  valorem  taxes  levied  in  the
33        thirty-fifth  calendar  year  after the year in which the
34        ordinance approving the  redevelopment  project  area  is
 
SB417 Enrolled             -22-      LRB093 06237 SJM 06348 b
 1        adopted:
 2                  (A)  if   the   ordinance  was  adopted  before
 3             January 15, 1981, or
 4                  (B)  if the ordinance was adopted  in  December
 5             1983, April 1984, July 1985, or December 1989, or
 6                  (C)  if  the  ordinance was adopted in December
 7             1987 and the redevelopment project is located within
 8             one mile of Midway Airport, or
 9                  (D)  if  the  ordinance  was   adopted   before
10             January  1,  1987 by a municipality in Mason County,
11             or
12                  (E)  if the  municipality  is  subject  to  the
13             Local  Government Financial Planning and Supervision
14             Act or the Financially Distressed City Law, or
15                  (F)  if the ordinance was adopted  in  December
16             1984 by the Village of Rosemont, or
17                  (G)  if  the  ordinance was adopted on December
18             31, 1986 by a municipality located in Clinton County
19             for which at least $250,000 of tax  increment  bonds
20             were   authorized  on  June  17,  1997,  or  if  the
21             ordinance was adopted on  December  31,  1986  by  a
22             municipality  with a population in 1990 of less than
23             3,600 that is located in a county with a  population
24             in  1990  of less than 34,000 and for which at least
25             $250,000 of tax increment bonds were  authorized  on
26             June 17, 1997, or
27                  (H)  if the ordinance was adopted on October 5,
28             1982  by  the  City of Kankakee, or if the ordinance
29             was adopted on December 29, 1986 by East St.  Louis,
30             or
31                  (I)  if  the  ordinance was adopted on November
32             12, 1991 by the Village of Sauget, or
33                  (J)  if the ordinance was adopted  on  February
34             11, 1985 by the City of Rock Island, or
 
SB417 Enrolled             -23-      LRB093 06237 SJM 06348 b
 1                  (K)  if   the   ordinance  was  adopted  before
 2             December 18, 1986 by the City of Moline, or
 3                  (L)  if the ordinance was adopted in  September
 4             1988 by Sauk Village, or
 5                  (M)  if  the  ordinance  was adopted in October
 6             1993 by Sauk Village, or
 7                  (N)  if the ordinance was adopted  on  December
 8             29, 1986 by the City of Galva, or
 9                  (O)  if the ordinance was adopted in March 1991
10             by the City of Centreville, or
11                  (P)  if  the  ordinance  was adopted on January
12             23, 1991 by the City of East St. Louis, or
13                  (Q)  if the ordinance was adopted  on  December
14             22, 1986 by the City of Aledo, or
15                  (R)  if  the  ordinance was adopted on February
16             5, 1990 by the City of Clinton, or
17                  (S)  if the ordinance was adopted on  September
18             6, 1994 by the City of Freeport, or
19                  (T)  if  the  ordinance was adopted on December
20             22, 1986 by the City of Tuscola, or
21                  (U)  if the ordinance was adopted  on  December
22             23, 1986 by the City of Sparta, or
23                  (V)  if  the  ordinance was adopted on December
24             23, 1986 by the City of Beardstown, or
25                  (W)  if the ordinance was adopted on April  27,
26             1981,  October 21, 1985, or December 30, 1986 by the
27             City of Belleville, or
28                  (X)  if the ordinance was adopted  on  December
29             29, 1986 by the City of Collinsville, or
30                  (Y)  if  the ordinance was adopted on September
31             14, 1994 by the City of Alton, or
32                  (Z)  if the ordinance was adopted  on  November
33             11, 1996 by the City of Lexington, or
34                  (AA)  if  the ordinance was adopted on November
 
SB417 Enrolled             -24-      LRB093 06237 SJM 06348 b
 1             5, 1984 by the City of LeRoy, or
 2                  (BB) if the ordinance was adopted on  April  3,
 3             1991 or June 3, 1992 by the City of Markham.
 4             However,  for  redevelopment project areas for which
 5        bonds were issued before July  29,  1991,  or  for  which
 6        contracts  were  entered  into  before  June  1, 1988, in
 7        connection with  a  redevelopment  project  in  the  area
 8        within  the State Sales Tax Boundary, the estimated dates
 9        of completion of the redevelopment project and retirement
10        of obligations to finance redevelopment project costs may
11        be  extended by municipal ordinance to December 31, 2013.
12        The termination procedures of subsection (b)  of  Section
13        11-74.4-8   are  not  required  for  these  redevelopment
14        project areas in 2009  but  are  required  in  2013.  The
15        extension  allowed  by  this amendatory Act of 1993 shall
16        not apply  to  real  property  tax  increment  allocation
17        financing under Section 11-74.4-8.
18             A  municipality  may by municipal ordinance amend an
19        existing redevelopment plan to conform to this  paragraph
20        (3)  as  amended  by  Public  Act 91-478, which municipal
21        ordinance may  be  adopted  without  further  hearing  or
22        notice and without complying with the procedures provided
23        in  this Act pertaining to an amendment to or the initial
24        approval  of  a  redevelopment  plan  and   project   and
25        designation of a redevelopment project area.
26             Those  dates,  for  purposes  of  real  property tax
27        increment  allocation  financing  pursuant   to   Section
28        11-74.4-8  only,  shall  be  not  more  than 35 years for
29        redevelopment project areas that were adopted on or after
30        December 16, 1986 and for which at least $8 million worth
31        of municipal bonds were authorized on or  after  December
32        19,  1989  but  before January 1, 1990; provided that the
33        municipality  elects  to   extend   the   life   of   the
34        redevelopment project area to 35 years by the adoption of
 
SB417 Enrolled             -25-      LRB093 06237 SJM 06348 b
 1        an ordinance after at least 14 but not more than 30 days'
 2        written notice to the taxing bodies, that would otherwise
 3        constitute  the  joint review board for the redevelopment
 4        project area, before the adoption of the ordinance.
 5             Those dates,  for  purposes  of  real  property  tax
 6        increment   allocation   financing  pursuant  to  Section
 7        11-74.4-8 only, shall be  not  more  than  35  years  for
 8        redevelopment  project  areas that were established on or
 9        after December 1, 1981 but before January 1, 1982 and for
10        which at least $1,500,000 worth of tax increment  revenue
11        bonds  were authorized on or after September 30, 1990 but
12        before July  1,  1991;  provided  that  the  municipality
13        elects  to  extend  the life of the redevelopment project
14        area to 35 years by the adoption of an ordinance after at
15        least 14 but not more than 30 days' written notice to the
16        taxing bodies, that would otherwise constitute the  joint
17        review  board  for the redevelopment project area, before
18        the adoption of the ordinance.
19             (3.5)  The municipality finds, in  the  case  of  an
20        industrial   park   conservation   area,  also  that  the
21        municipality is a labor surplus municipality and that the
22        implementation of  the  redevelopment  plan  will  reduce
23        unemployment, create new jobs and by the provision of new
24        facilities  enhance  the tax base of the taxing districts
25        that extend into the redevelopment project area.
26             (4)  If any incremental revenues are being  utilized
27        under   Section   8(a)(1)  or  8(a)(2)  of  this  Act  in
28        redevelopment project areas approved by  ordinance  after
29        January  1,  1986,  the  municipality finds: (a) that the
30        redevelopment  project  area  would  not  reasonably   be
31        developed  without  the use of such incremental revenues,
32        and  (b)  that  such   incremental   revenues   will   be
33        exclusively   utilized   for   the   development  of  the
34        redevelopment project area.
 
SB417 Enrolled             -26-      LRB093 06237 SJM 06348 b
 1             (5)  If the redevelopment plan will  not  result  in
 2        displacement  of  residents  from  10  or  more inhabited
 3        residential units, and the municipality certifies in  the
 4        plan  that  such  displacement  will  not result from the
 5        plan, a housing impact study need not be  performed.  If,
 6        however,  the  redevelopment  plan  would  result  in the
 7        displacement of  residents  from  10  or  more  inhabited
 8        residential  units,  or if the redevelopment project area
 9        contains 75 or more inhabited residential  units  and  no
10        certification   is  made,  then  the  municipality  shall
11        prepare, as  part  of  the  separate  feasibility  report
12        required  by  subsection  (a)  of  Section  11-74.4-5,  a
13        housing impact study.
14             Part I of the housing impact study shall include (i)
15        data  as  to  whether  the  residential  units are single
16        family or multi-family units, (ii) the number and type of
17        rooms within the units, if that information is available,
18        (iii) whether the units are inhabited or uninhabited,  as
19        determined not less than 45 days before the date that the
20        ordinance  or  resolution  required  by subsection (a) of
21        Section 11-74.4-5 is passed, and  (iv)  data  as  to  the
22        racial  and  ethnic  composition  of the residents in the
23        inhabited residential units.  The data requirement as  to
24        the racial and ethnic composition of the residents in the
25        inhabited  residential  units shall be deemed to be fully
26        satisfied by data from the most recent federal census.
27             Part II of the housing impact study  shall  identify
28        the   inhabited   residential   units   in  the  proposed
29        redevelopment project area that  are  to  be  or  may  be
30        removed.   If  inhabited  residential  units  are  to  be
31        removed, then the housing impact study shall identify (i)
32        the  number  and location of those units that will or may
33        be removed, (ii) the municipality's plans for  relocation
34        assistance   for   those   residents   in   the  proposed
 
SB417 Enrolled             -27-      LRB093 06237 SJM 06348 b
 1        redevelopment project area whose  residences  are  to  be
 2        removed,  (iii)  the  availability of replacement housing
 3        for those residents whose residences are to  be  removed,
 4        and  shall  identify  the type, location, and cost of the
 5        housing, and (iv)  the  type  and  extent  of  relocation
 6        assistance to be provided.
 7             (6)  On  and  after  November  1,  1999, the housing
 8        impact  study  required  by  paragraph   (5)   shall   be
 9        incorporated   in   the   redevelopment   plan   for  the
10        redevelopment project area.
11             (7)  On and after November 1, 1999, no redevelopment
12        plan shall be adopted, nor an existing plan amended,  nor
13        shall  residential housing that is occupied by households
14        of low-income and very low-income  persons  in  currently
15        existing  redevelopment  project  areas  be removed after
16        November 1, 1999 unless the redevelopment plan  provides,
17        with  respect  to  inhabited housing units that are to be
18        removed for households of low-income and very  low-income
19        persons, affordable housing and relocation assistance not
20        less  than that which would be provided under the federal
21        Uniform   Relocation   Assistance   and   Real   Property
22        Acquisition Policies Act  of  1970  and  the  regulations
23        under  that  Act,  including  the  eligibility  criteria.
24        Affordable  housing  may  be  either  existing  or  newly
25        constructed  housing. For purposes of this paragraph (7),
26        "low-income households",  "very  low-income  households",
27        and  "affordable  housing" have the meanings set forth in
28        the Illinois Affordable  Housing  Act.  The  municipality
29        shall  make  a  good  faith  effort  to  ensure that this
30        affordable  housing   is   located   in   or   near   the
31        redevelopment project area within the municipality.
32             (8)  On  and  after  November 1, 1999, if, after the
33        adoption of the redevelopment plan for the  redevelopment
34        project  area,  any  municipality  desires  to  amend its
 
SB417 Enrolled             -28-      LRB093 06237 SJM 06348 b
 1        redevelopment plan to remove more  inhabited  residential
 2        units  than specified in its original redevelopment plan,
 3        that  change  shall  be  made  in  accordance  with   the
 4        procedures in subsection (c) of Section 11-74.4-5.
 5             (9)  For   redevelopment  project  areas  designated
 6        prior to November 1, 1999, the redevelopment plan may  be
 7        amended  without  further  joint  review board meeting or
 8        hearing, provided that the municipality shall give notice
 9        of any such changes  by  mail  to  each  affected  taxing
10        district and registrant on the interested party registry,
11        to  authorize  the  municipality  to expend tax increment
12        revenues  for  redevelopment  project  costs  defined  by
13        paragraphs (5) and (7.5), subparagraphs (E)  and  (F)  of
14        paragraph (11), and paragraph (11.5) of subsection (q) of
15        Section 11-74.4-3, so long as the changes do not increase
16        the  total  estimated redevelopment project costs set out
17        in  the  redevelopment  plan  by  more  than   5%   after
18        adjustment  for  inflation  from  the  date  the plan was
19        adopted.
20        (o)  "Redevelopment project" means any public and private
21    development project in furtherance of  the  objectives  of  a
22    redevelopment  plan.  On  and  after  November  1,  1999 (the
23    effective date of Public Act 91-478), no  redevelopment  plan
24    may  be  approved or amended that includes the development of
25    vacant land (i) with a golf course and related clubhouse  and
26    other  facilities  or  (ii)  designated  by  federal,  State,
27    county,  or  municipal  government as public land for outdoor
28    recreational activities or for nature preserves and used  for
29    that  purpose  within  5  years  prior to the adoption of the
30    redevelopment plan.  For the   purpose  of  this  subsection,
31    "recreational  activities"  is  limited  to  mean camping and
32    hunting.
33        (p)  "Redevelopment   project   area"   means   an   area
34    designated by the municipality, which  is  not  less  in  the
 
SB417 Enrolled             -29-      LRB093 06237 SJM 06348 b
 1    aggregate  than  1  1/2  acres  and  in  respect to which the
 2    municipality has made a finding that there  exist  conditions
 3    which  cause  the area to be classified as an industrial park
 4    conservation area or a blighted area or a conservation  area,
 5    or  a  combination  of  both  blighted areas and conservation
 6    areas.
 7        (q)  "Redevelopment project costs" mean and  include  the
 8    sum  total  of  all reasonable or necessary costs incurred or
 9    estimated to be incurred, and any such costs incidental to  a
10    redevelopment  plan  and a redevelopment project.  Such costs
11    include, without limitation, the following:
12             (1)  Costs  of  studies,  surveys,  development   of
13        plans,    and    specifications,    implementation    and
14        administration  of  the  redevelopment plan including but
15        not limited to staff and professional service  costs  for
16        architectural, engineering, legal, financial, planning or
17        other  services,  provided  however  that  no charges for
18        professional services may be based on a percentage of the
19        tax  increment  collected;  except  that  on  and   after
20        November  1,  1999  (the  effective  date  of  Public Act
21        91-478),  no   contracts   for   professional   services,
22        excluding  architectural and engineering services, may be
23        entered into if the terms of the contract extend beyond a
24        period of 3 years.  In addition,  "redevelopment  project
25        costs"   shall   not  include  lobbying  expenses.  After
26        consultation with the municipality,  each  tax  increment
27        consultant  or  advisor  to  a municipality that plans to
28        designate or has designated a redevelopment project  area
29        shall inform the municipality in writing of any contracts
30        that  the  consultant  or  advisor  has entered into with
31        entities  or  individuals  that  have  received,  or  are
32        receiving, payments financed by  tax  increment  revenues
33        produced  by  the redevelopment project area with respect
34        to which the consultant or advisor has performed, or will
 
SB417 Enrolled             -30-      LRB093 06237 SJM 06348 b
 1        be  performing,  service  for  the  municipality.    This
 2        requirement  shall  be  satisfied  by  the  consultant or
 3        advisor before  the  commencement  of  services  for  the
 4        municipality  and thereafter whenever any other contracts
 5        with those individuals or entities are  executed  by  the
 6        consultant or advisor;
 7             (1.5)  After  July  1,  1999,  annual administrative
 8        costs   shall   not   include   general    overhead    or
 9        administrative costs of the municipality that would still
10        have   been   incurred   by   the   municipality  if  the
11        municipality had not designated a  redevelopment  project
12        area or approved a redevelopment plan;
13             (1.6)  The   cost  of  marketing  sites  within  the
14        redevelopment project  area  to  prospective  businesses,
15        developers, and investors;
16             (2)  Property  assembly  costs,  including  but  not
17        limited  to  acquisition of land and other property, real
18        or personal, or rights or interests  therein,  demolition
19        of  buildings,  site  preparation, site improvements that
20        serve as an engineered barrier addressing ground level or
21        below ground environmental contamination, including,  but
22        not limited to parking lots and other concrete or asphalt
23        barriers, and the clearing and grading of land;
24             (3)  Costs   of  rehabilitation,  reconstruction  or
25        repair  or  remodeling  of  existing  public  or  private
26        buildings, fixtures, and leasehold improvements; and  the
27        cost of replacing an existing public building if pursuant
28        to  the  implementation  of  a  redevelopment project the
29        existing public building is to be demolished to  use  the
30        site for private investment or devoted to a different use
31        requiring private investment;
32             (4)  Costs  of  the  construction of public works or
33        improvements, except that on and after November 1,  1999,
34        redevelopment project costs shall not include the cost of
 
SB417 Enrolled             -31-      LRB093 06237 SJM 06348 b
 1        constructing  a new municipal public building principally
 2        used to provide offices,  storage  space,  or  conference
 3        facilities or vehicle storage, maintenance, or repair for
 4        administrative,  public safety, or public works personnel
 5        and that is not intended to replace  an  existing  public
 6        building  as  provided  under paragraph (3) of subsection
 7        (q)  of  Section  11-74.4-3   unless   either   (i)   the
 8        construction  of  the new municipal building implements a
 9        redevelopment   project   that   was   included   in    a
10        redevelopment  plan  that was adopted by the municipality
11        prior to November 1, 1999 or (ii) the municipality  makes
12        a  reasonable  determination  in  the redevelopment plan,
13        supported by information that provides the basis for that
14        determination,  that  the  new  municipal   building   is
15        required  to  meet  an  increase  in  the need for public
16        safety  purposes   anticipated   to   result   from   the
17        implementation of the redevelopment plan;
18             (5)  Costs  of job training and retraining projects,
19        including  the  cost  of  "welfare  to   work"   programs
20        implemented    by    businesses    located   within   the
21        redevelopment project area;
22             (6)  Financing costs, including but not  limited  to
23        all  necessary  and  incidental  expenses  related to the
24        issuance of obligations and which may include payment  of
25        interest  on  any  obligations issued hereunder including
26        interest  accruing  during  the   estimated   period   of
27        construction  of any redevelopment project for which such
28        obligations are issued and for not  exceeding  36  months
29        thereafter  and  including  reasonable  reserves  related
30        thereto;
31             (7)  To  the  extent  the  municipality  by  written
32        agreement accepts and approves the same, all or a portion
33        of  a  taxing district's capital costs resulting from the
34        redevelopment  project  necessarily  incurred  or  to  be
 
SB417 Enrolled             -32-      LRB093 06237 SJM 06348 b
 1        incurred within a taxing district in furtherance  of  the
 2        objectives of the redevelopment plan and project.
 3             (7.5)  For  redevelopment  project  areas designated
 4        (or  redevelopment  project  areas  amended  to  add   or
 5        increase  the  number of tax-increment-financing assisted
 6        housing  units)  on  or  after  November  1,   1999,   an
 7        elementary,   secondary,   or   unit   school  district's
 8        increased costs attributable to  assisted  housing  units
 9        located  within  the redevelopment project area for which
10        the   developer   or   redeveloper   receives   financial
11        assistance through an agreement with the municipality  or
12        because  the  municipality  incurs  the cost of necessary
13        infrastructure improvements within the boundaries of  the
14        assisted  housing  sites  necessary for the completion of
15        that housing as authorized by this Act, and  which  costs
16        shall  be  paid  by the municipality from the Special Tax
17        Allocation  Fund  when  the  tax  increment  revenue   is
18        received  as  a  result of the assisted housing units and
19        shall be calculated annually as follows:
20                  (A)  for foundation  districts,  excluding  any
21             school  district in a municipality with a population
22             in  excess  of   1,000,000,   by   multiplying   the
23             district's increase in attendance resulting from the
24             net increase in new students enrolled in that school
25             district  who  reside  in  housing  units within the
26             redevelopment  project  area  that   have   received
27             financial  assistance  through an agreement with the
28             municipality or because the municipality incurs  the
29             cost of necessary infrastructure improvements within
30             the  boundaries  of  the housing sites necessary for
31             the completion of that housing as authorized by this
32             Act  since  the  designation  of  the  redevelopment
33             project area by  the  most  recently  available  per
34             capita  tuition cost as defined in Section 10-20.12a
 
SB417 Enrolled             -33-      LRB093 06237 SJM 06348 b
 1             of the School Code  less  any  increase  in  general
 2             State  aid  as  defined  in  Section  18-8.05 of the
 3             School Code attributable to these added new students
 4             subject to the following annual limitations:
 5                       (i)  for  unit  school  districts  with  a
 6                  district average  1995-96  Per  Capita  Tuition
 7                  Charge of less than $5,900, no more than 25% of
 8                  the  total  amount  of  property  tax increment
 9                  revenue produced by those  housing  units  that
10                  have  received tax increment finance assistance
11                  under this Act;
12                       (ii)  for elementary school districts with
13                  a district average 1995-96 Per  Capita  Tuition
14                  Charge of less than $5,900, no more than 17% of
15                  the  total  amount  of  property  tax increment
16                  revenue produced by those  housing  units  that
17                  have  received tax increment finance assistance
18                  under this Act; and
19                       (iii)  for secondary school districts with
20                  a district average 1995-96 Per  Capita  Tuition
21                  Charge  of less than $5,900, no more than 8% of
22                  the total  amount  of  property  tax  increment
23                  revenue  produced  by  those housing units that
24                  have received tax increment finance  assistance
25                  under this Act.
26                  (B)  For alternate method districts, flat grant
27             districts,  and foundation districts with a district
28             average 1995-96 Per Capita Tuition Charge  equal  to
29             or  more  than $5,900, excluding any school district
30             with  a  population  in  excess  of  1,000,000,   by
31             multiplying  the  district's  increase in attendance
32             resulting from the  net  increase  in  new  students
33             enrolled  in  that  school  district  who  reside in
34             housing units within the redevelopment project  area
 
SB417 Enrolled             -34-      LRB093 06237 SJM 06348 b
 1             that  have  received financial assistance through an
 2             agreement  with  the  municipality  or  because  the
 3             municipality   incurs   the   cost   of    necessary
 4             infrastructure improvements within the boundaries of
 5             the  housing  sites  necessary for the completion of
 6             that housing as authorized by  this  Act  since  the
 7             designation of the redevelopment project area by the
 8             most  recently  available per capita tuition cost as
 9             defined in Section 10-20.12a of the School Code less
10             any increase in general  state  aid  as  defined  in
11             Section  18-8.05  of the School Code attributable to
12             these added new students subject  to  the  following
13             annual limitations:
14                       (i)  for  unit  school  districts, no more
15                  than 40% of the total amount  of  property  tax
16                  increment  revenue  produced  by  those housing
17                  units that have received tax increment  finance
18                  assistance under this Act;
19                       (ii)  for  elementary school districts, no
20                  more than 27% of the total amount  of  property
21                  tax increment revenue produced by those housing
22                  units  that have received tax increment finance
23                  assistance under this Act; and
24                       (iii)  for secondary school districts,  no
25                  more  than  13% of the total amount of property
26                  tax increment revenue produced by those housing
27                  units that have received tax increment  finance
28                  assistance under this Act.
29                  (C)  For  any school district in a municipality
30             with  a  population  in  excess  of  1,000,000,  the
31             following   restrictions   shall   apply   to    the
32             reimbursement   of   increased   costs   under  this
33             paragraph (7.5):
34                       (i)  no   increased   costs    shall    be
 
SB417 Enrolled             -35-      LRB093 06237 SJM 06348 b
 1                  reimbursed unless the school district certifies
 2                  that  each  of  the  schools  affected  by  the
 3                  assisted  housing  project  is  at  or over its
 4                  student capacity;
 5                       (ii)  the amount  reimburseable  shall  be
 6                  reduced by the value of any land donated to the
 7                  school   district   by   the   municipality  or
 8                  developer, and by the  value  of  any  physical
 9                  improvements   made   to  the  schools  by  the
10                  municipality or developer; and
11                       (iii)  the  amount  reimbursed   may   not
12                  affect amounts otherwise obligated by the terms
13                  of   any   bonds,   notes,   or  other  funding
14                  instruments, or the terms of any  redevelopment
15                  agreement.
16             Any  school  district  seeking  payment  under  this
17             paragraph  (7.5)  shall,  after  July  1  and before
18             September 30 of each year, provide the  municipality
19             with  reasonable  evidence  to support its claim for
20             reimbursement  before  the  municipality  shall   be
21             required  to  approve  or  make  the  payment to the
22             school district.  If the school  district  fails  to
23             provide  the  information  during this period in any
24             year, it shall forfeit any  claim  to  reimbursement
25             for   that  year.   School  districts  may  adopt  a
26             resolution waiving the right to all or a portion  of
27             the   reimbursement   otherwise   required  by  this
28             paragraph   (7.5).    By    acceptance    of    this
29             reimbursement  the  school district waives the right
30             to directly or  indirectly  set  aside,  modify,  or
31             contest  in  any  manner  the  establishment  of the
32             redevelopment project area or projects;
33             (8)  Relocation  costs  to   the   extent   that   a
34        municipality  determines  that  relocation costs shall be
 
SB417 Enrolled             -36-      LRB093 06237 SJM 06348 b
 1        paid or is required to make payment of  relocation  costs
 2        by   federal   or  State  law  or  in  order  to  satisfy
 3        subparagraph (7) of subsection (n);
 4             (9)  Payment in lieu of taxes;
 5             (10)  Costs of job  training,  retraining,  advanced
 6        vocational  education  or career education, including but
 7        not limited to courses in occupational, semi-technical or
 8        technical fields leading directly to employment, incurred
 9        by one or more taxing districts, provided that such costs
10        (i) are related to the establishment and  maintenance  of
11        additional job training, advanced vocational education or
12        career  education  programs for persons employed or to be
13        employed by employers located in a redevelopment  project
14        area;  and  (ii)  when  incurred  by a taxing district or
15        taxing districts other than  the  municipality,  are  set
16        forth in a written agreement by or among the municipality
17        and  the  taxing  district  or  taxing  districts,  which
18        agreement   describes   the  program  to  be  undertaken,
19        including but not limited to the number of  employees  to
20        be trained, a description of the training and services to
21        be  provided,  the number and type of positions available
22        or to be available, itemized costs  of  the  program  and
23        sources of funds to pay for the same, and the term of the
24        agreement.  Such costs include, specifically, the payment
25        by community  college  districts  of  costs  pursuant  to
26        Sections  3-37,  3-38,  3-40  and  3-40.1  of  the Public
27        Community College Act and by school  districts  of  costs
28        pursuant to Sections 10-22.20a and 10-23.3a of The School
29        Code;
30             (11)  Interest   cost   incurred  by  a  redeveloper
31        related to the construction, renovation or rehabilitation
32        of a redevelopment project provided that:
33                  (A)  such costs are to be  paid  directly  from
34             the special tax allocation fund established pursuant
 
SB417 Enrolled             -37-      LRB093 06237 SJM 06348 b
 1             to this Act;
 2                  (B)  such  payments  in  any  one  year may not
 3             exceed 30% of the annual interest costs incurred  by
 4             the  redeveloper  with  regard  to the redevelopment
 5             project during that year;
 6                  (C)  if  there   are   not   sufficient   funds
 7             available in the special tax allocation fund to make
 8             the payment pursuant to this paragraph (11) then the
 9             amounts  so  due  shall  accrue  and be payable when
10             sufficient funds are available in  the  special  tax
11             allocation fund;
12                  (D)  the  total  of such interest payments paid
13             pursuant to this Act may not exceed 30% of the total
14             (i) cost paid or incurred by the redeveloper for the
15             redevelopment  project   plus   (ii)   redevelopment
16             project  costs excluding any property assembly costs
17             and any relocation costs incurred by a  municipality
18             pursuant to this Act; and
19                  (E)  the cost limits set forth in subparagraphs
20             (B)  and (D) of paragraph (11) shall be modified for
21             the financing of rehabilitated or new housing  units
22             for   low-income   households  and  very  low-income
23             households, as defined in Section 3 of the  Illinois
24             Affordable Housing Act.  The percentage of 75% shall
25             be  substituted for 30% in subparagraphs (B) and (D)
26             of paragraph (11).
27                  (F)  Instead of the eligible costs provided  by
28             subparagraphs  (B)  and  (D)  of  paragraph (11), as
29             modified by this subparagraph,  and  notwithstanding
30             any  other  provisions  of this Act to the contrary,
31             the municipality may pay from tax increment revenues
32             up to 50% of the cost of construction of new housing
33             units to be occupied by  low-income  households  and
34             very  low-income  households as defined in Section 3
 
SB417 Enrolled             -38-      LRB093 06237 SJM 06348 b
 1             of the Illinois Affordable Housing Act.  The cost of
 2             construction of those units may be derived from  the
 3             proceeds  of  bonds issued by the municipality under
 4             this  Act  or  other  constitutional  or   statutory
 5             authority or from other sources of municipal revenue
 6             that  may  be reimbursed from tax increment revenues
 7             or the proceeds  of  bonds  issued  to  finance  the
 8             construction of that housing.
 9                  The   eligible   costs   provided   under  this
10             subparagraph (F)  of  paragraph  (11)  shall  be  an
11             eligible  cost for the construction, renovation, and
12             rehabilitation  of  all  low  and  very   low-income
13             housing  units,  as  defined  in  Section  3  of the
14             Illinois  Affordable   Housing   Act,   within   the
15             redevelopment  project  area.   If  the low and very
16             low-income  units  are   part   of   a   residential
17             redevelopment   project   that  includes  units  not
18             affordable to low and  very  low-income  households,
19             only  the  low  and  very  low-income units shall be
20             eligible for  benefits  under  subparagraph  (F)  of
21             paragraph  (11).  The  standards for maintaining the
22             occupancy  by   low-income   households   and   very
23             low-income  households,  as  defined in Section 3 of
24             the Illinois Affordable Housing Act, of those  units
25             constructed with eligible costs made available under
26             the provisions of this subparagraph (F) of paragraph
27             (11)  shall  be established by guidelines adopted by
28             the municipality.  The responsibility  for  annually
29             documenting  the  initial  occupancy of the units by
30             low-income   households    and    very    low-income
31             households,  as defined in Section 3 of the Illinois
32             Affordable Housing Act, shall be that  of  the  then
33             current  owner of the property. For ownership units,
34             the guidelines will provide, at  a  minimum,  for  a
 
SB417 Enrolled             -39-      LRB093 06237 SJM 06348 b
 1             reasonable  recapture of funds, or other appropriate
 2             methods   designed   to   preserve   the    original
 3             affordability  of  the  ownership units.  For rental
 4             units, the guidelines will provide,  at  a  minimum,
 5             for  the  affordability  of  rent  to  low  and very
 6             low-income households.  As units  become  available,
 7             they shall be rented to income-eligible tenants. The
 8             municipality  may  modify these guidelines from time
 9             to time; the guidelines, however, shall be in effect
10             for as long as tax increment revenue is  being  used
11             to  pay  for  costs associated with the units or for
12             the retirement of bonds issued to finance the  units
13             or  for  the life of the redevelopment project area,
14             whichever is later.
15             (11.5)  If the redevelopment project area is located
16        within a municipality with  a  population  of  more  than
17        100,000,  the  cost  of day care services for children of
18        employees from low-income families working for businesses
19        located within the redevelopment project area and all  or
20        a  portion  of  the cost of operation of day care centers
21        established by redevelopment project area  businesses  to
22        serve  employees  from  low-income  families  working  in
23        businesses  located  in  the  redevelopment project area.
24        For the purposes of this paragraph, "low-income families"
25        means families whose annual income does not exceed 80% of
26        the  municipal,  county,  or  regional   median   income,
27        adjusted  for  family  size,  as  the  annual  income and
28        municipal,  county,  or  regional   median   income   are
29        determined  from  time  to  time  by  the  United  States
30        Department of Housing and Urban Development.
31             (12)  Unless  explicitly  stated  herein the cost of
32        construction of new privately-owned buildings  shall  not
33        be an eligible redevelopment project cost.
34             (13)  After  November 1, 1999 (the effective date of
 
SB417 Enrolled             -40-      LRB093 06237 SJM 06348 b
 1        Public Act 91-478), none  of  the  redevelopment  project
 2        costs  enumerated  in  this  subsection shall be eligible
 3        redevelopment project costs if those costs would  provide
 4        direct  financial  support  to a retail entity initiating
 5        operations  in  the  redevelopment  project  area   while
 6        terminating   operations  at  another  Illinois  location
 7        within 10 miles of the  redevelopment  project  area  but
 8        outside  the boundaries of the redevelopment project area
 9        municipality.    For   purposes   of   this    paragraph,
10        termination means a closing of a retail operation that is
11        directly  related to the opening of the same operation or
12        like retail entity owned or operated by more than 50%  of
13        the  original  ownership in a redevelopment project area,
14        but it does not mean closing  an  operation  for  reasons
15        beyond the control of the retail entity, as documented by
16        the retail entity, subject to a reasonable finding by the
17        municipality   that   the   current   location  contained
18        inadequate space, had become  economically  obsolete,  or
19        was  no  longer  a  viable  location  for the retailer or
20        serviceman.
21        If a special service area has been  established  pursuant
22    to  the  Special Service Area Tax Act or Special Service Area
23    Tax Law, then any tax increment revenues derived from the tax
24    imposed pursuant to the  Special  Service  Area  Tax  Act  or
25    Special   Service  Area  Tax  Law  may  be  used  within  the
26    redevelopment project area for the purposes permitted by that
27    Act or Law as well as the purposes permitted by this Act.
28        (r)  "State Sales Tax Boundary" means  the  redevelopment
29    project  area  or  the  amended  redevelopment  project  area
30    boundaries which are determined pursuant to subsection (9) of
31    Section  11-74.4-8a  of  this Act.  The Department of Revenue
32    shall  certify  pursuant  to  subsection   (9)   of   Section
33    11-74.4-8a   the  appropriate  boundaries  eligible  for  the
34    determination of State Sales Tax Increment.
 
SB417 Enrolled             -41-      LRB093 06237 SJM 06348 b
 1        (s)  "State Sales Tax Increment" means an amount equal to
 2    the increase  in  the  aggregate  amount  of  taxes  paid  by
 3    retailers and servicemen, other than retailers and servicemen
 4    subject  to  the  Public  Utilities  Act,  on transactions at
 5    places of business located within a State Sales Tax  Boundary
 6    pursuant  to  the  Retailers' Occupation Tax Act, the Use Tax
 7    Act, the Service Use Tax Act, and the Service Occupation  Tax
 8    Act,  except  such portion of such increase that is paid into
 9    the  State  and  Local  Sales  Tax  Reform  Fund,  the  Local
10    Government  Distributive  Fund,  the   Local  Government  Tax
11    Fund  and  the  County and Mass Transit District Fund, for as
12    long as  State  participation  exists,  over  and  above  the
13    Initial Sales Tax Amounts, Adjusted Initial Sales Tax Amounts
14    or  the  Revised  Initial Sales Tax Amounts for such taxes as
15    certified by the Department of Revenue and paid  under  those
16    Acts by retailers and servicemen on transactions at places of
17    business  located  within the State Sales Tax Boundary during
18    the base year which shall be the  calendar  year  immediately
19    prior  to  the  year  in  which  the municipality adopted tax
20    increment allocation financing, less  3.0%  of  such  amounts
21    generated  under  the  Retailers' Occupation Tax Act, Use Tax
22    Act and Service Use Tax Act and the  Service  Occupation  Tax
23    Act,  which  sum  shall  be appropriated to the Department of
24    Revenue to cover its costs  of  administering  and  enforcing
25    this  Section. For purposes of computing the aggregate amount
26    of such taxes for base years occurring  prior  to  1985,  the
27    Department  of  Revenue  shall  compute the Initial Sales Tax
28    Amount for such taxes and deduct therefrom an amount equal to
29    4% of the aggregate amount of taxes per year  for  each  year
30    the  base  year  is  prior to 1985, but not to exceed a total
31    deduction of 12%.  The amount so determined shall be known as
32    the "Adjusted Initial Sales  Tax  Amount".  For  purposes  of
33    determining  the  State Sales Tax Increment the Department of
34    Revenue shall for each period subtract from the  tax  amounts
 
SB417 Enrolled             -42-      LRB093 06237 SJM 06348 b
 1    received   from  retailers  and  servicemen  on  transactions
 2    located in  the  State  Sales  Tax  Boundary,  the  certified
 3    Initial Sales Tax Amounts, Adjusted Initial Sales Tax Amounts
 4    or  Revised  Initial  Sales  Tax  Amounts  for the Retailers'
 5    Occupation Tax Act, the Use Tax Act, the Service Use Tax  Act
 6    and  the  Service  Occupation  Tax Act.  For the State Fiscal
 7    Year 1989 this calculation shall be  made  by  utilizing  the
 8    calendar year 1987 to determine the tax amounts received. For
 9    the State Fiscal Year 1990, this calculation shall be made by
10    utilizing  the  period  from January 1, 1988, until September
11    30,  1988,  to  determine  the  tax  amounts  received   from
12    retailers and servicemen, which shall have deducted therefrom
13    nine-twelfths  of  the  certified  Initial Sales Tax Amounts,
14    Adjusted Initial Sales Tax Amounts  or  the  Revised  Initial
15    Sales  Tax  Amounts as appropriate. For the State Fiscal Year
16    1991, this calculation shall be made by utilizing the  period
17    from  October  1, 1988, until June 30, 1989, to determine the
18    tax amounts received from  retailers  and  servicemen,  which
19    shall  have deducted therefrom nine-twelfths of the certified
20    Initial State Sales Tax Amounts, Adjusted Initial  Sales  Tax
21    Amounts   or   the  Revised  Initial  Sales  Tax  Amounts  as
22    appropriate. For every  State  Fiscal  Year  thereafter,  the
23    applicable period shall be the 12 months beginning July 1 and
24    ending  on  June  30,  to  determine the tax amounts received
25    which shall have deducted  therefrom  the  certified  Initial
26    Sales  Tax Amounts, Adjusted Initial Sales Tax Amounts or the
27    Revised Initial Sales Tax Amounts.  Municipalities  intending
28    to  receive  a distribution of State Sales Tax Increment must
29    report a list of retailers to the Department  of  Revenue  by
30    October 31, 1988 and by July 31, of each year thereafter.
31        (t)  "Taxing districts" means counties, townships, cities
32    and  incorporated  towns  and  villages,  school, road, park,
33    sanitary, mosquito abatement, forest preserve, public health,
34    fire protection, river conservancy,  tuberculosis  sanitarium
 
SB417 Enrolled             -43-      LRB093 06237 SJM 06348 b
 1    and  any  other  municipal corporations or districts with the
 2    power to levy taxes.
 3        (u)  "Taxing districts' capital costs" means those  costs
 4    of  taxing  districts for capital improvements that are found
 5    by the municipal corporate authorities to  be  necessary  and
 6    directly result from the redevelopment project.
 7        (v)  As  used  in  subsection (a) of Section 11-74.4-3 of
 8    this Act, "vacant land" means any  parcel or  combination  of
 9    parcels  of real property without industrial, commercial, and
10    residential buildings which has not been used for  commercial
11    agricultural purposes within 5 years prior to the designation
12    of  the  redevelopment  project  area,  unless  the parcel is
13    included in an  industrial  park  conservation  area  or  the
14    parcel  has  been subdivided; provided that if the parcel was
15    part of a larger tract that has been divided into 3  or  more
16    smaller  tracts  that  were accepted for recording during the
17    period from 1950 to 1990, then the parcel shall be deemed  to
18    have  been subdivided, and all proceedings and actions of the
19    municipality taken in that connection  with  respect  to  any
20    previously  approved or designated redevelopment project area
21    or amended redevelopment project area  are  hereby  validated
22    and hereby declared to be legally sufficient for all purposes
23    of  this  Act. For purposes of this Section and only for land
24    subject to the subdivision requirements of the Plat Act, land
25    is  subdivided  when  the  original  plat  of  the   proposed
26    Redevelopment  Project  Area  or relevant portion thereof has
27    been properly certified, acknowledged, approved, and recorded
28    or filed in accordance with the Plat Act  and  a  preliminary
29    plat,  if  any,  for  any  subsequent  phases of the proposed
30    Redevelopment Project Area or relevant  portion  thereof  has
31    been  properly  approved  and  filed  in  accordance with the
32    applicable ordinance of the municipality.
33        (w)  "Annual Total  Increment"  means  the  sum  of  each
34    municipality's  annual  Net  Sales  Tax  Increment  and  each
 
SB417 Enrolled             -44-      LRB093 06237 SJM 06348 b
 1    municipality's  annual  Net Utility Tax Increment.  The ratio
 2    of the Annual Total Increment of  each  municipality  to  the
 3    Annual  Total  Increment  for  all  municipalities,  as  most
 4    recently  calculated  by  the Department, shall determine the
 5    proportional shares of the Illinois Tax Increment Fund to  be
 6    distributed to each municipality.
 7    (Source: P.A.  91-261,  eff.  7-23-99;  91-477, eff. 8-11-99;
 8    91-478, eff. 11-1-99;  91-642,  eff.  8-20-99;  91-763,  eff.
 9    6-9-00;  92-263,  eff.  8-7-01;  92-406, eff. 1-1-02; 92-624,
10    eff. 7-11-02; 92-651, eff. 7-11-02.)

11        (65 ILCS 5/11-74.4-4) (from Ch. 24, par. 11-74.4-4)
12        Sec.    11-74.4-4.  Municipal    powers    and    duties;
13    redevelopment project areas.  A municipality may:
14        (a)  The changes made by this amendatory Act of the  91st
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
18    fixing a time and place for a public  hearing  under  Section
19    11-74.4-5  or  (ii)  before  July  1,  1999,  has  adopted an
20    ordinance or resolution providing  for  a  feasibility  study
21    under  Section  11-74.4-4.1,  but  has  not  yet  adopted  an
22    ordinance  approving  redevelopment  plans  and redevelopment
23    projects or designating  redevelopment  project  areas  under
24    this  Section,  until  after  that    municipality  adopts an
25    ordinance approving  redevelopment  plans  and  redevelopment
26    projects  or  designating  redevelopment  project areas under
27    this Section; thereafter the changes made by this  amendatory
28    Act  of  the  91st  General Assembly apply to the same extent
29    that they apply  to  redevelopment  plans  and  redevelopment
30    projects  that  were approved and redevelopment projects that
31    were designated before the effective date of this  amendatory
32    Act of the 91st General Assembly.
33        By  ordinance  introduced  in  the  governing body of the
 
SB417 Enrolled             -45-      LRB093 06237 SJM 06348 b
 1    municipality within 14 to 90 days from the completion of  the
 2    hearing  specified in Section 11-74.4-5 approve redevelopment
 3    plans and redevelopment projects, and designate redevelopment
 4    project areas pursuant to notice and hearing required by this
 5    Act.  No  redevelopment  project  area  shall  be  designated
 6    unless   a  plan  and  project  are  approved  prior  to  the
 7    designation of such area and such  area  shall  include  only
 8    those  contiguous  parcels  of real property and improvements
 9    thereon substantially benefited by the proposed redevelopment
10    project improvements. Upon adoption of  the  ordinances,  the
11    municipality  shall forthwith transmit to the county clerk of
12    the county or counties within which the redevelopment project
13    area is located a certified copy of the ordinances,  a  legal
14    description  of  the redevelopment project area, a map of the
15    redevelopment project area, identification of the  year  that
16    the  county clerk shall use for determining the total initial
17    equalized assessed value of the  redevelopment  project  area
18    consistent  with  subsection  (a) of Section 11-74.4-9, and a
19    list of the parcel  or  tax  identification  number  of  each
20    parcel  of  property  included  in  the redevelopment project
21    area.
22        (b)  Make and enter  into  all  contracts  with  property
23    owners,  developers,  tenants, overlapping taxing bodies, and
24    others necessary or  incidental  to  the  implementation  and
25    furtherance  of its redevelopment plan and project. Contracts
26    entered  into  on  or  after  the  effective  date  of   this
27    amendatory  Act  of the 93rd General Assembly shall terminate
28    no later than the last to occur of  the  estimated  dates  of
29    completion of the redevelopment project and retirement of the
30    obligations  issued to finance redevelopment project costs as
31    required by item (3) of subsection (n) of Section  11-74.4-3.
32    Payments   received  under  contracts  entered  into  by  the
33    municipality prior to the effective date of  this  amendatory
34    Act  of the 93rd General Assembly that are received after the
 
SB417 Enrolled             -46-      LRB093 06237 SJM 06348 b
 1    redevelopment project area has been terminated  by  municipal
 2    ordinance  shall  be  deposited  into  a  special fund of the
 3    municipality to be used  for  other  community  redevelopment
 4    needs within the redevelopment project area.
 5        (c)  Within  a  redevelopment  project  area,  acquire by
 6    purchase, donation, lease or  eminent  domain;  own,  convey,
 7    lease,  mortgage  or dispose of land and other property, real
 8    or personal, or rights or interests  therein,  and  grant  or
 9    acquire licenses, easements and options with respect thereto,
10    all  in  the  manner  and  at  such  price  the  municipality
11    determines  is reasonably necessary to achieve the objectives
12    of the redevelopment plan and project. No conveyance,  lease,
13    mortgage,  disposition  of  land or other property owned by a
14    municipality, or agreement relating  to  the  development  of
15    such  municipal  property  shall  be  made  except  upon  the
16    adoption  of an ordinance by the corporate authorities of the
17    municipality. Furthermore, no conveyance, lease, mortgage, or
18    other  disposition  of  land  owned  by  a  municipality   or
19    agreement  relating  to  the  development  of  such municipal
20    property shall be made without making  public  disclosure  of
21    the  terms of the disposition and all bids and proposals made
22    in response to the municipality's  request.   The  procedures
23    for   obtaining   such   bids  and  proposals  shall  provide
24    reasonable opportunity for any person to  submit  alternative
25    proposals or bids.
26        (d)  Within  a redevelopment project area, clear any area
27    by demolition  or  removal  of  any  existing  buildings  and
28    structures.
29        (e)  Within  a  redevelopment  project  area, renovate or
30    rehabilitate or  construct  any  structure  or  building,  as
31    permitted under this Act.
32        (f)  Install,  repair, construct, reconstruct or relocate
33    streets, utilities and site  improvements  essential  to  the
34    preparation  of  the redevelopment area for use in accordance
 
SB417 Enrolled             -47-      LRB093 06237 SJM 06348 b
 1    with a redevelopment plan.
 2        (g)  Within a redevelopment project area, fix, charge and
 3    collect fees, rents and charges for the use of  any  building
 4    or  property  owned  or  leased by it or any part thereof, or
 5    facility therein.
 6        (h)  Accept grants, guarantees and donations of property,
 7    labor, or other things of value  from  a  public  or  private
 8    source for use within a project redevelopment area.
 9        (i)  Acquire  and  construct  public  facilities within a
10    redevelopment project area, as permitted under this Act.
11        (j)  Incur  project  redevelopment  costs  and  reimburse
12    developers who incur redevelopment project  costs  authorized
13    by  a redevelopment agreement; provided, however, that on and
14    after the effective date of this amendatory Act of  the  91st
15    General  Assembly,  no municipality shall incur redevelopment
16    project costs  (except  for  planning  costs  and  any  other
17    eligible   costs   authorized   by   municipal  ordinance  or
18    resolution   that   are   subsequently   included   in    the
19    redevelopment  plan  for  the  area  and  are incurred by the
20    municipality after the ordinance or  resolution  is  adopted)
21    that  are  not  consistent with the program for accomplishing
22    the objectives of the redevelopment plan as included in  that
23    plan  and approved by the municipality until the municipality
24    has amended the redevelopment plan as provided  elsewhere  in
25    this Act.
26        (k)  Create  a commission of not less than 5 or more than
27    15 persons to be appointed by the mayor or president  of  the
28    municipality   with  the  consent  of  the  majority  of  the
29    governing board of the municipality.  Members of a commission
30    appointed after the effective date of this amendatory Act  of
31    1987 shall be appointed for initial terms of 1, 2, 3, 4 and 5
32    years,  respectively,  in such numbers as to provide that the
33    terms of not more than 1/3 of all such members  shall  expire
34    in  any  one year.  Their successors shall be appointed for a
 
SB417 Enrolled             -48-      LRB093 06237 SJM 06348 b
 1    term of 5 years.  The commission, subject to approval of  the
 2    corporate  authorities  may exercise the powers enumerated in
 3    this Section. The commission shall also  have  the  power  to
 4    hold  the  public hearings required by this division and make
 5    recommendations to the corporate authorities  concerning  the
 6    adoption  of  redevelopment plans, redevelopment projects and
 7    designation of redevelopment project areas.
 8        (l)  Make payment in lieu of taxes or a  portion  thereof
 9    to  taxing  districts.  If  payments  in  lieu  of taxes or a
10    portion thereof are made to taxing districts, those  payments
11    shall be made to all districts within a project redevelopment
12    area  on  a  basis  which  is  proportional  to  the  current
13    collections  of  revenue  which each taxing district receives
14    from real property in the redevelopment project area.
15        (m)  Exercise any  and  all  other  powers  necessary  to
16    effectuate the purposes of this Act.
17        (n)  If  any  member of the corporate authority, a member
18    of a commission established pursuant to Section  11-74.4-4(k)
19    of this Act, or an employee or consultant of the municipality
20    involved  in  the planning and preparation of a redevelopment
21    plan, or project for a redevelopment project area or proposed
22    redevelopment  project   area,   as   defined   in   Sections
23    11-74.4-3(i)  through  (k)  of  this Act, owns or controls an
24    interest, direct or indirect, in any property included in any
25    redevelopment area, or proposed redevelopment area, he or she
26    shall disclose the same  in  writing  to  the  clerk  of  the
27    municipality,  and shall also so disclose the dates and terms
28    and conditions of any disposition of any such interest, which
29    disclosures  shall   be   acknowledged   by   the   corporate
30    authorities   and  entered  upon  the  minute  books  of  the
31    corporate  authorities.   If  an  individual  holds  such  an
32    interest then that individual shall refrain from any  further
33    official  involvement  in  regard to such redevelopment plan,
34    project or area, from voting on any matter pertaining to such
 
SB417 Enrolled             -49-      LRB093 06237 SJM 06348 b
 1    redevelopment plan, project or area,  or  communicating  with
 2    other members concerning corporate authorities, commission or
 3    employees   concerning   any   matter   pertaining   to  said
 4    redevelopment plan, project or area.   Furthermore,  no  such
 5    member  or  employee shall acquire of any interest direct, or
 6    indirect, in any property in a redevelopment area or proposed
 7    redevelopment area after either (a) such  individual  obtains
 8    knowledge  of  such plan, project or area or (b) first public
 9    notice of such plan, project  or  area  pursuant  to  Section
10    11-74.4-6  of  this Division, whichever occurs first. For the
11    purposes of this subsection, a property interest acquired  in
12    a  single  parcel  of  property  by a member of the corporate
13    authority, which property is used exclusively as the member's
14    primary residence, shall  not  be  deemed  to  constitute  an
15    interest  in any property included in a redevelopment area or
16    proposed  redevelopment  area  that  was  established  before
17    December  31,  1989,  but  the  member  must   disclose   the
18    acquisition  to  the  municipal clerk under the provisions of
19    this subsection. For  the  purposes  of  this  subsection,  a
20    month-to-month  leasehold  interest  in  a  single  parcel of
21    property by a member of the corporate authority shall not  be
22    deemed to constitute an interest in any  property included in
23    any  redevelopment  area  or proposed redevelopment area, but
24    the member must disclose the interest to the municipal  clerk
25    under the provisions of this subsection.
26        (o)  Create a Tax Increment Economic Development Advisory
27    Committee  to  be  appointed by the Mayor or President of the
28    municipality  with  the  consent  of  the  majority  of   the
29    governing  board  of  the  municipality, the members of which
30    Committee shall be appointed for initial terms of 1, 2, 3,  4
31    and  5 years respectively, in such numbers as to provide that
32    the terms of not more than 1/3  of  all  such  members  shall
33    expire  in any one year.  Their successors shall be appointed
34    for a term of 5 years.  The Committee shall have none of  the
 
SB417 Enrolled             -50-      LRB093 06237 SJM 06348 b
 1    powers enumerated in this Section.  The Committee shall serve
 2    in  an  advisory capacity only.  The Committee may advise the
 3    governing Board  of  the  municipality  and  other  municipal
 4    officials  regarding  development  issues  and  opportunities
 5    within  the redevelopment project area or the area within the
 6    State Sales Tax Boundary. The Committee may also promote  and
 7    publicize  development  opportunities  in  the  redevelopment
 8    project area or the area within the State Sales Tax Boundary.
 9        (p)  Municipalities  may  jointly  undertake  and perform
10    redevelopment plans and projects and utilize  the  provisions
11    of  the  Act  wherever  they  have  contiguous  redevelopment
12    project  areas  or  they  determine  to  adopt  tax increment
13    financing with respect to a redevelopment project area  which
14    includes  contiguous  real  property within the boundaries of
15    the municipalities, and in doing so, they may,  by  agreement
16    between  municipalities,  issue  obligations,  separately  or
17    jointly,  and  expend  revenues  received  under  the Act for
18    eligible expenses anywhere  within  contiguous  redevelopment
19    project areas or as otherwise permitted in the Act.
20        (q)  Utilize   revenues,   other  than  State  sales  tax
21    increment  revenues,  received  under  this  Act   from   one
22    redevelopment  project  area  for  eligible  costs in another
23    redevelopment project area that is either contiguous  to,  or
24    is  separated  only  by  a  public  right  of  way  from, the
25    redevelopment  project  area  from  which  the  revenues  are
26    received. Utilize tax increment revenues for  eligible  costs
27    that  are  received from a redevelopment project area created
28    under  the  Industrial  Jobs  Recovery  Law  that  is  either
29    contiguous to, or is separated only by a public right of  way
30    from,  the  redevelopment project area created under this Act
31    which initially receives these revenues.   Utilize  revenues,
32    other   than   State   sales   tax   increment  revenues,  by
33    transferring or loaning  such  revenues  to  a  redevelopment
34    project  area  created under the Industrial Jobs Recovery Law
 
SB417 Enrolled             -51-      LRB093 06237 SJM 06348 b
 1    that is either contiguous to, or separated only by  a  public
 2    right  of  way  from  the  redevelopment  project  area  that
 3    initially  produced  and received those revenues; and, if the
 4    redevelopment project area (i)  was  established  before  the
 5    effective  date  of  this  amendatory Act of the 91st General
 6    Assembly and (ii) is located within  a  municipality  with  a
 7    population of more than 100,000, utilize revenues or proceeds
 8    of  obligations  authorized by Section 11-74.4-7 of this Act,
 9    other than use or occupation tax revenues,  to  pay  for  any
10    redevelopment  project  costs as defined by subsection (q) of
11    Section  11-74.4-3  to  the  extent  that  the  redevelopment
12    project  costs  involve  public  property  that   is   either
13    contiguous  to,  or  separated  only by a public right of way
14    from,  a  redevelopment   project   area   whether   or   not
15    redevelopment  project costs or the source of payment for the
16    costs are specifically set forth in  the  redevelopment  plan
17    for the redevelopment project area.
18        (r)  If  no redevelopment project has been initiated in a
19    redevelopment project area within 7 years after the area  was
20    designated   by   ordinance   under   subsection   (a),   the
21    municipality  shall  adopt  an ordinance repealing the area's
22    designation  as  a  redevelopment  project  area;   provided,
23    however, that if an area received its designation more than 3
24    years  before  the  effective  date of this amendatory Act of
25    1994 and no redevelopment project has been initiated within 4
26    years after the effective date  of  this  amendatory  Act  of
27    1994, the municipality shall adopt an ordinance repealing its
28    designation  as a redevelopment project area. Initiation of a
29    redevelopment project shall be evidenced by either  a  signed
30    redevelopment   agreement   or   expenditures   on   eligible
31    redevelopment  project  costs associated with a redevelopment
32    project.
33    (Source: P.A. 91-478, eff.  11-1-99;  91-642,  eff.  8-20-99;
34    92-16, eff. 6-28-01.)
 
SB417 Enrolled             -52-      LRB093 06237 SJM 06348 b
 1        (65 ILCS 5/11-74.4-4.1)
 2        Sec. 11-74.4-4.1.  Feasibility study.
 3        (a)  If  a  municipality by its corporate authorities, or
 4    as it  may  determine  by  any  commission  designated  under
 5    subsection  (k)  of Section 11-74.4-4, adopts an ordinance or
 6    resolution  providing  for  a  feasibility   study   on   the
 7    designation  of  an  area  as a redevelopment project area, a
 8    copy of the ordinance or resolution shall immediately be sent
 9    to all  taxing  districts  that  would  be  affected  by  the
10    designation.
11        On and after the effective date of this amendatory Act of
12    the  91st General Assembly, the ordinance or resolution shall
13    include:
14             (1)  The boundaries of the area to  be  studied  for
15        possible designation as a redevelopment project area.
16             (2)  The   purpose   or  purposes  of  the  proposed
17        redevelopment plan and project.
18             (3)  A  general   description   of   tax   increment
19        allocation financing under this Act.
20             (4)  The  name,  phone  number,  and  address of the
21        municipal officer who can  be  contacted  for  additional
22        information about the proposed redevelopment project area
23        and  who  should  receive  all  comments  and suggestions
24        regarding the redevelopment of the area to be studied.
25        (b)  If one of the purposes of the planned  redevelopment
26    project  area  should reasonably be expected to result in the
27    displacement  of  residents  from  10   or   more   inhabited
28    residential  units, the municipality shall adopt a resolution
29    or ordinance providing for the feasibility study described in
30    subsection (a).   The  ordinance  or  resolution  shall  also
31    require that the feasibility study include the preparation of
32    the  housing  impact  study  set  forth  in  paragraph (5) of
33    subsection (n) of Section  11-74.4-3.  If  the  redevelopment
34    plan  will not result in displacement of residents from 10 or
 
SB417 Enrolled             -53-      LRB093 06237 SJM 06348 b
 1    more  inhabited  residential  units,  and  the   municipality
 2    certifies  in the plan that such displacement will not result
 3    from the plan, then a resolution or  ordinance  need  not  be
 4    adopted.
 5        (c)  As used in this Section, "feasibility study" means a
 6    preliminary  report  to  assist  a  municipality to determine
 7    whether  or  not  tax  increment  allocation   financing   is
 8    appropriate   for   effective  redevelopment  of  a  proposed
 9    redevelopment project area.
10    (Source: P.A. 91-478,  eff.  11-1-99;  92-263,  eff.  8-7-01;
11    92-624, eff. 7-11-02.)

12        (65 ILCS 5/11-74.4-7) (from Ch. 24, par. 11-74.4-7)
13        Sec.  11-74.4-7.  Obligations  secured by the special tax
14    allocation fund  set  forth  in  Section  11-74.4-8  for  the
15    redevelopment  project  area  may  be  issued  to provide for
16    redevelopment  project  costs.   Such  obligations,  when  so
17    issued, shall be  retired  in  the  manner  provided  in  the
18    ordinance authorizing the issuance of such obligations by the
19    receipts  of  taxes  levied as specified in Section 11-74.4-9
20    against  the  taxable  property  included  in  the  area,  by
21    revenues as specified by Section 11-74.4-8a and other revenue
22    designated by the municipality.  A municipality  may  in  the
23    ordinance  pledge  all  or any part of the funds in and to be
24    deposited in the special tax allocation fund created pursuant
25    to Section 11-74.4-8 to  the  payment  of  the  redevelopment
26    project  costs  and  obligations.  Any pledge of funds in the
27    special tax allocation fund shall provide for distribution to
28    the taxing  districts  and  to  the  Illinois  Department  of
29    Revenue  of  moneys  not  required,  pledged,  earmarked,  or
30    otherwise   designated   for  payment  and  securing  of  the
31    obligations and anticipated redevelopment project  costs  and
32    such  excess funds shall be calculated annually and deemed to
33    be "surplus" funds.  In the event a municipality only applies
 
SB417 Enrolled             -54-      LRB093 06237 SJM 06348 b
 1    or pledges  a  portion  of  the  funds  in  the  special  tax
 2    allocation  fund  for  the payment or securing of anticipated
 3    redevelopment project costs or of obligations, any such funds
 4    remaining in the special tax allocation fund after  complying
 5    with  the  requirements  of  the application or pledge, shall
 6    also be calculated annually and deemed "surplus" funds.   All
 7    surplus  funds  in  the  special tax allocation fund shall be
 8    distributed annually within 180 days after the close  of  the
 9    municipality's  fiscal  year  by  being paid by the municipal
10    treasurer to the  County  Collector,  to  the  Department  of
11    Revenue  and  to the municipality in direct proportion to the
12    tax incremental revenue received as a result of  an  increase
13    in   the   equalized   assessed  value  of  property  in  the
14    redevelopment project area, tax incremental revenue  received
15    from  the State and tax incremental revenue received from the
16    municipality, but not to exceed as to each  such  source  the
17    total  incremental  revenue  received  from  that source. The
18    County Collector shall thereafter make  distribution  to  the
19    respective taxing districts in the same manner and proportion
20    as  the  most  recent distribution by the county collector to
21    the affected districts  of  real  property  taxes  from  real
22    property in the redevelopment project area.
23        Without  limiting  the  foregoing  in  this  Section, the
24    municipality may in addition  to obligations secured  by  the
25    special  tax  allocation fund pledge for a period not greater
26    than the term of the  obligations  towards  payment  of  such
27    obligations any part or any combination of the following: (a)
28    net revenues of all or part of any redevelopment project; (b)
29    taxes  levied  and  collected  on  any or all property in the
30    municipality;  (c)  the  full  faith  and   credit   of   the
31    municipality;   (d)   a  mortgage  on  part  or  all  of  the
32    redevelopment project; or (e) any other taxes or  anticipated
33    receipts that the municipality may lawfully pledge.
34        Such  obligations  may  be  issued  in one or more series
 
SB417 Enrolled             -55-      LRB093 06237 SJM 06348 b
 1    bearing interest at such  rate  or  rates  as  the  corporate
 2    authorities of the municipality shall determine by ordinance.
 3    Such  obligations  shall  bear  such date or dates, mature at
 4    such  time  or  times  not  exceeding  20  years  from  their
 5    respective  dates,  be  in  such  denomination,  carry   such
 6    registration  privileges,  be  executed  in  such  manner, be
 7    payable in such medium of payment at such  place  or  places,
 8    contain  such covenants, terms and conditions, and be subject
 9    to redemption as such ordinance shall  provide.   Obligations
10    issued  pursuant to this Act may be sold at public or private
11    sale at such price as shall be determined  by  the  corporate
12    authorities of the municipalities.  No referendum approval of
13    the electors shall be required as a condition to the issuance
14    of  obligations  pursuant to this Division except as provided
15    in this Section.
16        In the event  the  municipality  authorizes  issuance  of
17    obligations  pursuant  to  the  authority  of  this  Division
18    secured  by  the  full  faith and credit of the municipality,
19    which obligations are other than  obligations  which  may  be
20    issued  under  home  rule  powers  provided  by  Article VII,
21    Section 6 of the Illinois  Constitution,   or  pledges  taxes
22    pursuant  to  (b)  or  (c)  of  the  second paragraph of this
23    section, the  ordinance  authorizing  the  issuance  of  such
24    obligations  or pledging such taxes shall be published within
25    10 days after such ordinance has been passed in one  or  more
26    newspapers,    with    general    circulation   within   such
27    municipality. The  publication  of  the  ordinance  shall  be
28    accompanied  by a notice of (1) the specific number of voters
29    required to sign a petition requesting the  question  of  the
30    issuance   of  such  obligations  or  pledging  taxes  to  be
31    submitted to  the  electors;  (2)  the  time  in  which  such
32    petition  must  be filed; and (3) the date of the prospective
33    referendum.  The municipal clerk  shall  provide  a  petition
34    form to any individual requesting one.
 
SB417 Enrolled             -56-      LRB093 06237 SJM 06348 b
 1        If  no  petition  is  filed  with the municipal clerk, as
 2    hereinafter provided in this Section, within  30  days  after
 3    the  publication  of the ordinance, the ordinance shall be in
 4    effect.  But, if within that 30  day  period  a  petition  is
 5    filed  with  the  municipal  clerk, signed by electors in the
 6    municipality  numbering  10%  or  more  of  the   number   of
 7    registered  voters  in  the  municipality,  asking  that  the
 8    question  of  issuing obligations using full faith and credit
 9    of the municipality as security for the cost  of  paying  for
10    redevelopment  project  costs,  or  of pledging taxes for the
11    payment of such obligations, or both,  be  submitted  to  the
12    electors  of  the  municipality, the corporate authorities of
13    the municipality shall call a special election in the  manner
14    provided by law to vote upon that question, or, if a general,
15    State  or municipal election is to be held within a period of
16    not less than 30 or more than  90 days  from  the  date  such
17    petition  is  filed,  shall  submit  the question at the next
18    general, State or municipal election.  If it appears upon the
19    canvass of the election by the corporate authorities  that  a
20    majority  of electors voting upon the question voted in favor
21    thereof, the ordinance shall be in effect, but if a  majority
22    of  the  electors  voting  upon the question are not in favor
23    thereof, the ordinance shall not take effect.
24        The ordinance authorizing  the  obligations  may  provide
25    that  the  obligations  shall contain a recital that they are
26    issued pursuant to this  Division,  which  recital  shall  be
27    conclusive  evidence  of their validity and of the regularity
28    of their issuance.
29        In the event  the  municipality  authorizes  issuance  of
30    obligations  pursuant  to  this  Section  secured by the full
31    faith  and  credit  of  the   municipality,   the   ordinance
32    authorizing  the  obligations  may  provide  for the levy and
33    collection of a direct annual tax upon all  taxable  property
34    within  the  municipality  sufficient  to  pay  the principal
 
SB417 Enrolled             -57-      LRB093 06237 SJM 06348 b
 1    thereof and interest thereon as it matures, which levy may be
 2    in addition to and exclusive of  the  maximum  of  all  other
 3    taxes  authorized  to  be  levied  by the municipality, which
 4    levy, however, shall be abated to the extent that monies from
 5    other sources are available for payment  of  the  obligations
 6    and  the  municipality  certifies  the  amount of said monies
 7    available to the county clerk.
 8        A certified copy of such ordinance shall  be  filed  with
 9    the  county  clerk of each county in which any portion of the
10    municipality is situated, and shall constitute the  authority
11    for the extension and collection of the taxes to be deposited
12    in the special tax allocation fund.
13        A  municipality  may also issue its obligations to refund
14    in whole or in part, obligations theretofore issued  by  such
15    municipality  under  the authority of this Act, whether at or
16    prior to maturity, provided however, that the  last  maturity
17    of the refunding obligations shall not be expressed to mature
18    later  than  December  31 of the year in which the payment to
19    the municipal treasurer as  provided  in  subsection  (b)  of
20    Section  11-74.4-8  of this Act is to be made with respect to
21    ad valorem taxes levied in  the  twenty-third  calendar  year
22    after   the   year  in  which  the  ordinance  approving  the
23    redevelopment project area is adopted if  the  ordinance  was
24    adopted  on  or  after  January  15, 1981, and not later than
25    December 31 of the year in which the payment to the municipal
26    treasurer as provided in subsection (b) of Section  11-74.4-8
27    of  this  Act  is to be made with respect to ad valorem taxes
28    levied in the thirty-fifth calendar year after  the  year  in
29    which  the ordinance approving the redevelopment project area
30    is adopted (A) if the ordinance was  adopted  before  January
31    15,  1981,  or  (B)  if the ordinance was adopted in December
32    1983, April 1984, July 1985, or December 1989, or (C) if  the
33    ordinance was adopted in December, 1987 and the redevelopment
34    project  is located within one mile of Midway Airport, or (D)
 
SB417 Enrolled             -58-      LRB093 06237 SJM 06348 b
 1    if the ordinance was adopted before  January  1,  1987  by  a
 2    municipality  in  Mason County, or (E) if the municipality is
 3    subject  to  the  Local  Government  Financial  Planning  and
 4    Supervision Act or the Financially Distressed  City  Law,  or
 5    (F)  if  the  ordinance  was  adopted in December 1984 by the
 6    Village of Rosemont, or (G) if the ordinance was  adopted  on
 7    December 31, 1986 by a municipality located in Clinton County
 8    for  which  at  least  $250,000  of  tax increment bonds were
 9    authorized on June 17, 1997, or if the ordinance was  adopted
10    on  December  31, 1986 by a municipality with a population in
11    1990 of less than 3,600 that is located in a  county  with  a
12    population in 1990 of less than 34,000 and for which at least
13    $250,000  of  tax increment bonds were authorized on June 17,
14    1997, or (H) if the ordinance was adopted on October 5,  1982
15    by  the City of Kankakee, or (I) if the ordinance was adopted
16    on December 29, 1986 by East St. Louis, or if  the  ordinance
17    was adopted on November 12, 1991 by the Village of Sauget, or
18    (J)  if the ordinance was adopted on February 11, 1985 by the
19    City of Rock Island, or (K)  if  the  ordinance  was  adopted
20    before December 18, 1986 by the City of Moline, or (L) if the
21    ordinance  was  adopted in September 1988 by Sauk Village, or
22    (M) if the ordinance was adopted  in  October  1993  by  Sauk
23    Village,  or (N) if the ordinance was adopted on December 29,
24    1986 by the City of  Galva,  or  (O)  if  the  ordinance  was
25    adopted  in  March 1991 by the City of Centreville, or (P) if
26    the ordinance was adopted on January 23, 1991 by the City  of
27    East  St.  Louis,  or  (Q)  if  the  ordinance was adopted on
28    December 22, 1986 by  the  City  of  Aledo,  or  (R)  if  the
29    ordinance  was  adopted  on  February  5, 1990 by the City of
30    Clinton, or (S) if the ordinance was adopted on September  6,
31    1994  by  the  City  of Freeport, or (T) if the ordinance was
32    adopted on December 22, 1986 by the City of Tuscola,  or  (U)
33    if the ordinance was adopted on December 23, 1986 by the City
34    of  Sparta,  or  (V) if the ordinance was adopted on December
 
SB417 Enrolled             -59-      LRB093 06237 SJM 06348 b
 1    23, 1986 by the City of Beardstown, or (W) if  the  ordinance
 2    was  adopted on April 27, 1981, October 21, 1985, or December
 3    30, 1986 by the City of Belleville, or (X) if  the  ordinance
 4    was adopted on December 29, 1986 by the City of Collinsville,
 5    or  (Y) if the ordinance was adopted on September 14, 1994 by
 6    the City of Alton, or (Z) if the  ordinance  was  adopted  on
 7    November  11,  1996  by the City of Lexington, or (AA) if the
 8    ordinance was adopted on November 5,  1984  by  the  City  of
 9    LeRoy,  or (BB) if the ordinance was adopted on April 3, 1991
10    or June 3, 1992 by the City of Markham and, for redevelopment
11    project areas for which bonds were  issued  before  July  29,
12    1991,  in connection with a redevelopment project in the area
13    within the State Sales Tax Boundary and which  were  extended
14    by  municipal  ordinance  under  subsection  (n)  of  Section
15    11-74.4-3,  the  last  maturity  of the refunding obligations
16    shall not be expressed to mature later than the date on which
17    the redevelopment project area is terminated or December  31,
18    2013, whichever date occurs first.
19        In the event a municipality issues obligations under home
20    rule  powers  or  other legislative authority the proceeds of
21    which are pledged to pay for redevelopment project costs, the
22    municipality may,  if  it  has  followed  the  procedures  in
23    conformance  with this division, retire said obligations from
24    funds in the special tax allocation fund in  amounts  and  in
25    such  manner  as if such obligations had been issued pursuant
26    to the provisions of this division.
27        All obligations heretofore or hereafter  issued  pursuant
28    to  this  Act  shall  not  be regarded as indebtedness of the
29    municipality issuing such obligations  or  any  other  taxing
30    district for the purpose of any limitation imposed by law.
31    (Source: P.A.  91-261,  eff.  7-23-99;  91-477, eff. 8-11-99;
32    91-478, eff. 11-1-99;  91-642,  eff.  8-20-99;  91-763,  eff.
33    6-9-00;  92-263,  eff.  8-7-01;  92-406, eff. 1-1-02; 92-624,
34    eff. 7-11-02; 92-651, eff. 7-11-02.)
 
SB417 Enrolled             -60-      LRB093 06237 SJM 06348 b
 1        (65 ILCS 5/11-74.4-8) (from Ch. 24, par. 11-74.4-8)
 2        Sec.  11-74.4-8.  A  municipality  may  not   adopt   tax
 3    increment financing in a redevelopment project area after the
 4    effective  date  of  this  amendatory  Act  of 1997 that will
 5    encompass an area that is currently included in an enterprise
 6    zone created under the Illinois Enterprise  Zone  Act  unless
 7    that  municipality,  pursuant  to Section 5.4 of the Illinois
 8    Enterprise Zone Act, amends the enterprise  zone  designating
 9    ordinance  to  limit  the  eligibility  for tax abatements as
10    provided in Section 5.4.1 of  the  Illinois  Enterprise  Zone
11    Act.    A  municipality,  at the time a redevelopment project
12    area  is  designated,  may  adopt  tax  increment  allocation
13    financing by passing  an  ordinance  providing  that  the  ad
14    valorem  taxes,  if any, arising from the levies upon taxable
15    real property in such redevelopment project  area  by  taxing
16    districts  and tax rates determined in the manner provided in
17    paragraph (c)  of  Section  11-74.4-9  each  year  after  the
18    effective  date  of the ordinance until redevelopment project
19    costs and all municipal obligations  financing  redevelopment
20    project  costs  incurred  under  this Division have been paid
21    shall be divided as follows:
22        (a)  That portion of taxes levied upon each taxable  lot,
23    block, tract or parcel of real property which is attributable
24    to  the  lower of the current equalized assessed value or the
25    initial equalized assessed value of each  such  taxable  lot,
26    block,  tract or parcel of real property in the redevelopment
27    project area shall be allocated to and when  collected  shall
28    be  paid  by  the county collector to the respective affected
29    taxing districts in the manner required by law in the absence
30    of the adoption of tax increment allocation financing.
31        (b)  Except from a tax levied by  a  township  to  retire
32    bonds  issued to satisfy court-ordered damages, that portion,
33    if any, of such taxes which is attributable to  the  increase
34    in  the  current equalized assessed valuation of each taxable
 
SB417 Enrolled             -61-      LRB093 06237 SJM 06348 b
 1    lot,  block,  tract  or  parcel  of  real  property  in   the
 2    redevelopment   project  area  over  and  above  the  initial
 3    equalized assessed value of each property in the project area
 4    shall be allocated to and when collected shall be paid to the
 5    municipal treasurer who  shall  deposit  said  taxes  into  a
 6    special  fund  called  the special tax allocation fund of the
 7    municipality for the purpose of paying redevelopment  project
 8    costs and obligations incurred in the payment thereof. In any
 9    county  with  a  population  of  3,000,000  or  more that has
10    adopted a procedure for collecting taxes  that  provides  for
11    one or more of the installments of the taxes to be billed and
12    collected  on  an  estimated  basis,  the municipal treasurer
13    shall be paid for deposit in the special tax allocation  fund
14    of  the municipality, from the taxes collected from estimated
15    bills issued for property in the redevelopment project  area,
16    the  difference  between  the  amount actually collected from
17    each taxable lot, block, tract, or parcel  of  real  property
18    within   the   redevelopment   project  area  and  an  amount
19    determined by multiplying the rate at which taxes  were  last
20    extended  against the taxable lot, block, track, or parcel of
21    real property in the manner provided  in  subsection  (c)  of
22    Section  11-74.4-9 by the initial equalized assessed value of
23    the property divided by the number of installments  in  which
24    real estate taxes are billed and collected within the county;
25    provided  that the payments on or before December 31, 1999 to
26    a municipal treasurer shall be  made  only  if  each  of  the
27    following conditions are met:
28             (1)  The  total  equalized  assessed  value  of  the
29        redevelopment  project  area  as  last determined was not
30        less than 175% of the total  initial  equalized  assessed
31        value.
32             (2)  Not  more  than  50%  of  the  total  equalized
33        assessed  value of the redevelopment project area as last
34        determined  is  attributable  to  a  piece  of   property
 
SB417 Enrolled             -62-      LRB093 06237 SJM 06348 b
 1        assigned a single real estate index number.
 2             (3)  The municipal clerk has certified to the county
 3        clerk that the municipality has issued its obligations to
 4        which  there  has  been  pledged the incremental property
 5        taxes of the redevelopment project area or  taxes  levied
 6        and  collected on any or all property in the municipality
 7        or the full faith and credit of the municipality  to  pay
 8        or   secure   payment   for  all  or  a  portion  of  the
 9        redevelopment project costs. The certification  shall  be
10        filed   annually  no  later  than  September  1  for  the
11        estimated taxes to be distributed in the following  year;
12        however,  for  the  year  1992 the certification shall be
13        made at any time on or before March 31, 1992.
14             (4)  The municipality has  not  requested  that  the
15        total  initial  equalized assessed value of real property
16        be adjusted as provided  in  subsection  (b)  of  Section
17        11-74.4-9.
18    The  conditions  of  paragraphs  (1) through (4) do not apply
19    after December 31, 1999 to payments to a municipal  treasurer
20    made  by a county with 3,000,000 or more inhabitants that has
21    adopted an estimated billing procedure for collecting  taxes.
22    If  a county that has adopted the estimated billing procedure
23    makes  an  erroneous  overpayment  of  tax  revenue  to   the
24    municipal  treasurer,  then  the  county may seek a refund of
25    that  overpayment.  The  county  shall  send  the   municipal
26    treasurer  a  notice  of  liability for the overpayment on or
27    before the mailing date of the  next  real  estate  tax  bill
28    within the county.  The refund shall be limited to the amount
29    of the overpayment.
30        It  is  the  intent  of  this  Division  that  after  the
31    effective   date   of   this   amendatory   Act   of  1988  a
32    municipality's own ad valorem  tax  arising  from  levies  on
33    taxable  real  property  be  included in the determination of
34    incremental revenue in the manner provided in  paragraph  (c)
 
SB417 Enrolled             -63-      LRB093 06237 SJM 06348 b
 1    of  Section  11-74.4-9.  If  the municipality does not extend
 2    such a tax, it shall annually deposit in  the  municipality's
 3    Special  Tax  Increment  Fund  an  amount equal to 10% of the
 4    total  contributions  to  the  fund  from  all  other  taxing
 5    districts in that year.  The annual 10% deposit  required  by
 6    this  paragraph  shall  be  limited  to  the actual amount of
 7    municipally produced incremental tax  revenues  available  to
 8    the  municipality from taxpayers located in the redevelopment
 9    project area in that year if:  (a)  the  plan  for  the  area
10    restricts  the  use  of  the property primarily to industrial
11    purposes, (b) the municipality establishing the redevelopment
12    project area is a home-rule community with a 1990  population
13    of  between 25,000 and 50,000, (c) the municipality is wholly
14    located within a  county  with  a  1990  population  of  over
15    750,000   and   (d)   the   redevelopment  project  area  was
16    established by the municipality prior to June 1, 1990.   This
17    payment  shall  be  in  lieu  of a contribution of ad valorem
18    taxes on real property. If  no  such  payment  is  made,  any
19    redevelopment  project  area  of  the  municipality  shall be
20    dissolved.
21        If a municipality has adopted  tax  increment  allocation
22    financing  by  ordinance  and  the  County  Clerk  thereafter
23    certifies  the  "total  initial  equalized  assessed value as
24    adjusted"  of  the  taxable   real   property   within   such
25    redevelopment   project   area  in  the  manner  provided  in
26    paragraph (b) of Section 11-74.4-9, each year after the  date
27    of  the certification of the total initial equalized assessed
28    value as adjusted until redevelopment project costs  and  all
29    municipal  obligations  financing redevelopment project costs
30    have been paid the ad valorem taxes, if any, arising from the
31    levies upon the taxable real property in  such  redevelopment
32    project  area by taxing districts and tax rates determined in
33    the manner provided in paragraph  (c)  of  Section  11-74.4-9
34    shall be divided as follows:
 
SB417 Enrolled             -64-      LRB093 06237 SJM 06348 b
 1             (1)  That  portion  of  the  taxes  levied upon each
 2        taxable lot, block, tract  or  parcel  of  real  property
 3        which  is  attributable  to  the  lower  of  the  current
 4        equalized  assessed  value or "current equalized assessed
 5        value as adjusted"  or  the  initial  equalized  assessed
 6        value  of  each such taxable lot, block, tract, or parcel
 7        of real property  existing  at  the  time  tax  increment
 8        financing  was adopted, minus the total current homestead
 9        exemptions provided by Sections 15-170 and 15-175 of  the
10        Property Tax Code in the redevelopment project area shall
11        be  allocated  to and when collected shall be paid by the
12        county  collector  to  the  respective  affected   taxing
13        districts in the manner required by law in the absence of
14        the adoption of tax increment allocation financing.
15             (2)  That  portion,  if  any, of such taxes which is
16        attributable to the increase  in  the  current  equalized
17        assessed  valuation of each taxable lot, block, tract, or
18        parcel of real  property  in  the  redevelopment  project
19        area, over and above the initial equalized assessed value
20        of  each  property  existing  at  the  time tax increment
21        financing was adopted, minus the total current  homestead
22        exemptions  pertaining to each piece of property provided
23        by Sections 15-170 and 15-175 of the Property Tax Code in
24        the redevelopment project area, shall be allocated to and
25        when collected shall be paid to the municipal  Treasurer,
26        who  shall  deposit said taxes into a special fund called
27        the special tax allocation fund of the  municipality  for
28        the  purpose  of  paying  redevelopment project costs and
29        obligations incurred in the payment thereof.
30        The municipality may pledge in the ordinance the funds in
31    and to be deposited in the special tax  allocation  fund  for
32    the  payment  of  such costs and obligations.  No part of the
33    current equalized assessed valuation of each property in  the
34    redevelopment project area attributable to any increase above
 
SB417 Enrolled             -65-      LRB093 06237 SJM 06348 b
 1    the  total  initial  equalized  assessed  value, or the total
 2    initial  equalized  assessed  value  as  adjusted,  of   such
 3    properties  shall  be  used  in calculating the general State
 4    school aid formula, provided  for  in  Section  18-8  of  the
 5    School  Code,  until  such  time as all redevelopment project
 6    costs have been paid as provided for in this Section.
 7        Whenever a municipality issues bonds for the  purpose  of
 8    financing  redevelopment project costs, such municipality may
 9    provide by ordinance for the appointment of a trustee,  which
10    may  be  any  trust  company  within  the  State, and for the
11    establishment of such funds or accounts to be  maintained  by
12    such  trustee  as  the  municipality  shall deem necessary to
13    provide for the security and payment of the bonds.   If  such
14    municipality  provides for the appointment of a trustee, such
15    trustee shall be considered  the  assignee  of  any  payments
16    assigned  by  the municipality pursuant to such ordinance and
17    this Section.  Any amounts paid to such trustee  as  assignee
18    shall  be  deposited  in  the  funds  or accounts established
19    pursuant to such trust agreement, and shall be held  by  such
20    trustee in trust for the benefit of the holders of the bonds,
21    and such holders shall have a lien on and a security interest
22    in  such  funds  or  accounts  so  long  as  the bonds remain
23    outstanding and unpaid. Upon retirement  of  the  bonds,  the
24    trustee  shall  pay  over  any  excess  amounts  held  to the
25    municipality for deposit in the special tax allocation fund.
26        When such redevelopment projects costs, including without
27    limitation all municipal obligations financing  redevelopment
28    project  costs  incurred under this Division, have been paid,
29    all  surplus  funds  then  remaining  in  the   special   tax
30    allocation  fund  shall  be  distributed by being paid by the
31    municipal  treasurer  to  the  Department  of  Revenue,   the
32    municipality   and   the   county  collector;  first  to  the
33    Department  of  Revenue  and  the  municipality   in   direct
34    proportion  to  the tax incremental revenue received from the
 
SB417 Enrolled             -66-      LRB093 06237 SJM 06348 b
 1    State and the municipality,  but  not  to  exceed  the  total
 2    incremental   revenue   received   from   the  State  or  the
 3    municipality  less  any  annual   surplus   distribution   of
 4    incremental revenue previously made; with any remaining funds
 5    to  be  paid  to  the  County Collector who shall immediately
 6    thereafter pay said funds to  the  taxing  districts  in  the
 7    redevelopment  project area in the same manner and proportion
 8    as the most recent distribution by the  county  collector  to
 9    the  affected  districts  of  real  property  taxes from real
10    property in the redevelopment project area.
11        Upon the payment of all redevelopment project costs,  the
12    retirement of obligations, and the distribution of any excess
13    monies  pursuant  to  this  Section, and final closing of the
14    books and records of  the  redevelopment  project  area,  the
15    municipality  shall adopt an ordinance dissolving the special
16    tax allocation fund for the redevelopment  project  area  and
17    terminating the designation of the redevelopment project area
18    as  a  redevelopment  project area. Title to real or personal
19    property and public  improvements  acquired  by  or  for  the
20    municipality  as  a  result  of the redevelopment project and
21    plan shall vest in the municipality when acquired  and  shall
22    continue   to   be   held   by  the  municipality  after  the
23    redevelopment   project    area    has    been    terminated.
24    Municipalities  shall  notify affected taxing districts prior
25    to November 1 if the redevelopment  project  area  is  to  be
26    terminated   by   December  31  of  that  same  year.   If  a
27    municipality extends  estimated  dates  of  completion  of  a
28    redevelopment   project  and  retirement  of  obligations  to
29    finance  a  redevelopment  project,  as   allowed   by   this
30    amendatory  Act  of 1993, that extension shall not extend the
31    property tax increment  allocation  financing  authorized  by
32    this  Section.   Thereafter the rates of the taxing districts
33    shall be extended and taxes levied, collected and distributed
34    in the manner applicable in the absence of  the  adoption  of
 
SB417 Enrolled             -67-      LRB093 06237 SJM 06348 b
 1    tax increment allocation financing.
 2        Nothing  in  this Section shall be construed as relieving
 3    property in  such  redevelopment  project  areas  from  being
 4    assessed as provided in the Property Tax Code or as relieving
 5    owners  of such property from paying a uniform rate of taxes,
 6    as required by  Section  4  of  Article  9  of  the  Illinois
 7    Constitution.
 8    (Source: P.A.  91-190,  eff.  7-20-99;  91-478, eff. 11-1-99;
 9    92-16, eff. 6-28-01.)

10        (65 ILCS 5/11-74.4-10) (from Ch. 24, par. 11-74.4-10)
11        Sec. 11-74.4-10.  Revenues received by  the  municipality
12    from  any  property,  building  or  facility owned, leased or
13    operated by the  municipality  or  any  agency  or  authority
14    established by the municipality, or from repayments of loans,
15    may  be  used  to  pay redevelopment project costs, or reduce
16    outstanding obligations of the  municipality  incurred  under
17    this   Division   for   redevelopment   project  costs.   The
18    municipality may place  such  revenues  in  the  special  tax
19    allocation   fund  which  shall  be  held  by  the  municipal
20    treasurer or other person  designated  by  the  municipality.
21    Revenue  received  by the municipality from the sale or other
22    disposition of real property  acquired  by  the  municipality
23    with  the  proceeds  of  obligations  funded by tax increment
24    allocation financing shall be deposited by  the  municipality
25    in the special tax allocation fund.
26    (Source: P.A. 79-1525.)

27        Section  99.  Effective date.  This Act takes effect upon
28    becoming law.