Sen. Dan Kotowski

Filed: 3/25/2009

 

 


 

 


 
09600SB0591sam001 LRB096 06641 RLJ 24613 a

1
AMENDMENT TO SENATE BILL 591

2     AMENDMENT NO. ______. Amend Senate Bill 591 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Illinois Municipal Code is amended by
5 changing Section 11-74.4-3.5 as follows:
 
6     (65 ILCS 5/11-74.4-3.5)
7     (Text of Section before amendment by P.A. 95-1028)
8     Sec. 11-74.4-3.5. Completion dates for redevelopment
9 projects.
10     (a) Unless otherwise stated in this Section, the estimated
11 dates of completion of the redevelopment project and retirement
12 of obligations issued to finance redevelopment project costs
13 (including refunding bonds under Section 11-74.4-7) may not be
14 later than December 31 of the year in which the payment to the
15 municipal treasurer, as provided in subsection (b) of Section
16 11-74.4-8 of this Act, is to be made with respect to ad valorem

 

 

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1 taxes levied in the 23rd calendar year after the year in which
2 the ordinance approving the redevelopment project area was
3 adopted if the ordinance was adopted on or after January 15,
4 1981.
5     (b) The estimated dates of completion of the redevelopment
6 project and retirement of obligations issued to finance
7 redevelopment project costs (including refunding bonds under
8 Section 11-74.4-7) may not be later than December 31 of the
9 year in which the payment to the municipal treasurer as
10 provided in subsection (b) of Section 11-74.4-8 of this Act is
11 to be made with respect to ad valorem taxes levied in the 33rd
12 calendar year after the year in which the ordinance approving
13 the redevelopment project area was adopted, if the ordinance
14 was adopted on May 20, 1985 by the Village of Wheeling.
15     (c) The estimated dates of completion of the redevelopment
16 project and retirement of obligations issued to finance
17 redevelopment project costs (including refunding bonds under
18 Section 11-74.4-7) may not be later than December 31 of the
19 year in which the payment to the municipal treasurer as
20 provided in subsection (b) of Section 11-74.4-8 of this Act is
21 to be made with respect to ad valorem taxes levied in the 35th
22 calendar year after the year in which the ordinance approving
23 the redevelopment project area was adopted:
24         (1) if the ordinance was adopted before January 15,
25     1981;
26         (2) if the ordinance was adopted in December 1983,

 

 

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1     April 1984, July 1985, or December 1989;
2         (3) if the ordinance was adopted in December 1987 and
3     the redevelopment project is located within one mile of
4     Midway Airport;
5         (4) if the ordinance was adopted before January 1, 1987
6     by a municipality in Mason County;
7         (5) if the municipality is subject to the Local
8     Government Financial Planning and Supervision Act or the
9     Financially Distressed City Law;
10         (6) if the ordinance was adopted in December 1984 by
11     the Village of Rosemont;
12         (7) if the ordinance was adopted on December 31, 1986
13     by a municipality located in Clinton County for which at
14     least $250,000 of tax increment bonds were authorized on
15     June 17, 1997, or if the ordinance was adopted on December
16     31, 1986 by a municipality with a population in 1990 of
17     less than 3,600 that is located in a county with a
18     population in 1990 of less than 34,000 and for which at
19     least $250,000 of tax increment bonds were authorized on
20     June 17, 1997;
21         (8) if the ordinance was adopted on October 5, 1982 by
22     the City of Kankakee, or if the ordinance was adopted on
23     December 29, 1986 by East St. Louis;
24         (9) if the ordinance was adopted on November 12, 1991
25     by the Village of Sauget;
26         (10) if the ordinance was adopted on February 11, 1985

 

 

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1     by the City of Rock Island;
2         (11) if the ordinance was adopted before December 18,
3     1986 by the City of Moline;
4         (12) if the ordinance was adopted in September 1988 by
5     Sauk Village;
6         (13) if the ordinance was adopted in October 1993 by
7     Sauk Village;
8         (14) if the ordinance was adopted on December 29, 1986
9     by the City of Galva;
10         (15) if the ordinance was adopted in March 1991 by the
11     City of Centreville;
12         (16) if the ordinance was adopted on January 23, 1991
13     by the City of East St. Louis;
14         (17) if the ordinance was adopted on December 22, 1986
15     by the City of Aledo;
16         (18) if the ordinance was adopted on February 5, 1990
17     by the City of Clinton;
18         (19) if the ordinance was adopted on September 6, 1994
19     by the City of Freeport;
20         (20) if the ordinance was adopted on December 22, 1986
21     by the City of Tuscola;
22         (21) if the ordinance was adopted on December 23, 1986
23     by the City of Sparta;
24         (22) if the ordinance was adopted on December 23, 1986
25     by the City of Beardstown;
26         (23) if the ordinance was adopted on April 27, 1981,

 

 

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1     October 21, 1985, or December 30, 1986 by the City of
2     Belleville;
3         (24) if the ordinance was adopted on December 29, 1986
4     by the City of Collinsville;
5         (25) if the ordinance was adopted on September 14, 1994
6     by the City of Alton;
7         (26) if the ordinance was adopted on November 11, 1996
8     by the City of Lexington;
9         (27) if the ordinance was adopted on November 5, 1984
10     by the City of LeRoy;
11         (28) if the ordinance was adopted on April 3, 1991 or
12     June 3, 1992 by the City of Markham;
13         (29) if the ordinance was adopted on November 11, 1986
14     by the City of Pekin;
15         (30) if the ordinance was adopted on December 15, 1981
16     by the City of Champaign;
17         (31) if the ordinance was adopted on December 15, 1986
18     by the City of Urbana;
19         (32) if the ordinance was adopted on December 15, 1986
20     by the Village of Heyworth;
21         (33) if the ordinance was adopted on February 24, 1992
22     by the Village of Heyworth;
23         (34) if the ordinance was adopted on March 16, 1995 by
24     the Village of Heyworth;
25         (35) if the ordinance was adopted on December 23, 1986
26     by the Town of Cicero;

 

 

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1         (36) if the ordinance was adopted on December 30, 1986
2     by the City of Effingham;
3         (37) if the ordinance was adopted on May 9, 1991 by the
4     Village of Tilton;
5         (38) if the ordinance was adopted on October 20, 1986
6     by the City of Elmhurst;
7         (39) if the ordinance was adopted on January 19, 1988
8     by the City of Waukegan;
9         (40) if the ordinance was adopted on September 21, 1998
10     by the City of Waukegan;
11         (41) if the ordinance was adopted on December 31, 1986
12     by the City of Sullivan;
13         (42) if the ordinance was adopted on December 23, 1991
14     by the City of Sullivan;
15         (43) if the ordinance was adopted on December 31, 1986
16     by the City of Oglesby;
17         (44) if the ordinance was adopted on July 28, 1987 by
18     the City of Marion;
19         (45) if the ordinance was adopted on April 23, 1990 by
20     the City of Marion;
21         (46) if the ordinance was adopted on August 20, 1985 by
22     the Village of Mount Prospect;
23         (47) if the ordinance was adopted on February 2, 1998
24     by the Village of Woodhull;
25         (48) if the ordinance was adopted on April 20, 1993 by
26     the Village of Princeville;

 

 

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1         (49) if the ordinance was adopted on July 1, 1986 by
2     the City of Granite City;
3         (50) if the ordinance was adopted on February 2, 1989
4     by the Village of Lombard;
5         (51) if the ordinance was adopted on December 29, 1986
6     by the Village of Gardner;
7         (52) if the ordinance was adopted on July 14, 1999 by
8     the Village of Paw Paw;
9         (53) if the ordinance was adopted on November 17, 1986
10     by the Village of Franklin Park;
11         (54) if the ordinance was adopted on November 20, 1989
12     by the Village of South Holland;
13         (55) if the ordinance was adopted on July 14, 1992 by
14     the Village of Riverdale;
15         (56) if the ordinance was adopted on December 29, 1986
16     by the City of Galesburg;
17         (57) if the ordinance was adopted on April 1, 1985 by
18     the City of Galesburg;
19         (58) if the ordinance was adopted on May 21, 1990 by
20     the City of West Chicago;
21         (59) if the ordinance was adopted on December 16, 1986
22     by the City of Oak Forest;
23         (60) if the ordinance was adopted in 1999 by the City
24     of Villa Grove;
25         (61) if the ordinance was adopted on January 13, 1987
26     by the Village of Mt. Zion;

 

 

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1         (62) if the ordinance was adopted on December 30, 1986
2     by the Village of Manteno;
3         (63) if the ordinance was adopted on April 3, 1989 by
4     the City of Chicago Heights;
5         (64) if the ordinance was adopted on January 6, 1999 by
6     the Village of Rosemont;
7         (65) if the ordinance was adopted on December 19, 2000
8     by the Village of Stone Park;
9         (66) if the ordinance was adopted on December 22, 1986
10     by the City of DeKalb; or
11         (67) if the ordinance was adopted on December 2, 1986
12     by the City of Aurora; .
13         (68) (67) if the ordinance was adopted on December 31,
14     1986 by the Village of Milan; or
15         (69) (68) if the ordinance was adopted on September 8,
16     1994 by the City of West Frankfort; .
17         (70) if the ordinance was adopted on December 23, 1986
18     by the Village of Libertyville; or
19         (72) if the ordinance was adopted on August 7, 2000 by
20     the City of Des Plaines.
21     (d) For redevelopment project areas for which bonds were
22 issued before July 29, 1991, or for which contracts were
23 entered into before June 1, 1988, in connection with a
24 redevelopment project in the area within the State Sales Tax
25 Boundary, the estimated dates of completion of the
26 redevelopment project and retirement of obligations to finance

 

 

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1 redevelopment project costs (including refunding bonds under
2 Section 11-74.4-7) may be extended by municipal ordinance to
3 December 31, 2013. The termination procedures of subsection (b)
4 of Section 11-74.4-8 are not required for these redevelopment
5 project areas in 2009 but are required in 2013. The extension
6 allowed by Public Act 87-1272 shall not apply to real property
7 tax increment allocation financing under Section 11-74.4-8.
8     (e) Those dates, for purposes of real property tax
9 increment allocation financing pursuant to Section 11-74.4-8
10 only, shall be not more than 35 years for redevelopment project
11 areas that were adopted on or after December 16, 1986 and for
12 which at least $8 million worth of municipal bonds were
13 authorized on or after December 19, 1989 but before January 1,
14 1990; provided that the municipality elects to extend the life
15 of the redevelopment project area to 35 years by the adoption
16 of an ordinance after at least 14 but not more than 30 days'
17 written notice to the taxing bodies, that would otherwise
18 constitute the joint review board for the redevelopment project
19 area, before the adoption of the ordinance.
20     (f) Those dates, for purposes of real property tax
21 increment allocation financing pursuant to Section 11-74.4-8
22 only, shall be not more than 35 years for redevelopment project
23 areas that were established on or after December 1, 1981 but
24 before January 1, 1982 and for which at least $1,500,000 worth
25 of tax increment revenue bonds were authorized on or after
26 September 30, 1990 but before July 1, 1991; provided that the

 

 

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1 municipality elects to extend the life of the redevelopment
2 project area to 35 years by the adoption of an ordinance after
3 at least 14 but not more than 30 days' written notice to the
4 taxing bodies, that would otherwise constitute the joint review
5 board for the redevelopment project area, before the adoption
6 of the ordinance.
7     (g) In consolidating the material relating to completion
8 dates from Sections 11-74.4-3 and 11-74.4-7 into this Section,
9 it is not the intent of the 95th General Assembly to make any
10 substantive change in the law, except for the extension of the
11 completion dates date for the City of Aurora, the Village of
12 Milan, and the City of West Frankfort, and the Village of
13 Libertyville set forth under items item (67), and (68), (69),
14 and (70) of subsection (c) of this Section.
15 (Source: P.A. 95-932, eff. 8-26-08; 95-964, eff. 9-23-08;
16 incorporates P.A. 95-777, eff. 9-22-08; revised 10-14-08.)
 
17     (Text of Section after amendment by P.A. 95-1028)
18     Sec. 11-74.4-3.5. Completion dates for redevelopment
19 projects.
20     (a) Unless otherwise stated in this Section, the estimated
21 dates of completion of the redevelopment project and retirement
22 of obligations issued to finance redevelopment project costs
23 (including refunding bonds under Section 11-74.4-7) may not be
24 later than December 31 of the year in which the payment to the
25 municipal treasurer, as provided in subsection (b) of Section

 

 

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1 11-74.4-8 of this Act, is to be made with respect to ad valorem
2 taxes levied in the 23rd calendar year after the year in which
3 the ordinance approving the redevelopment project area was
4 adopted if the ordinance was adopted on or after January 15,
5 1981.
6     (b) The estimated dates of completion of the redevelopment
7 project and retirement of obligations issued to finance
8 redevelopment project costs (including refunding bonds under
9 Section 11-74.4-7) may not be later than December 31 of the
10 year in which the payment to the municipal treasurer as
11 provided in subsection (b) of Section 11-74.4-8 of this Act is
12 to be made with respect to ad valorem taxes levied in the 33rd
13 calendar year after the year in which the ordinance approving
14 the redevelopment project area was adopted, if the ordinance
15 was adopted on May 20, 1985 by the Village of Wheeling.
16     (c) The estimated dates of completion of the redevelopment
17 project and retirement of obligations issued to finance
18 redevelopment project costs (including refunding bonds under
19 Section 11-74.4-7) may not be later than December 31 of the
20 year in which the payment to the municipal treasurer as
21 provided in subsection (b) of Section 11-74.4-8 of this Act is
22 to be made with respect to ad valorem taxes levied in the 35th
23 calendar year after the year in which the ordinance approving
24 the redevelopment project area was adopted:
25         (1) if the ordinance was adopted before January 15,
26     1981;

 

 

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1         (2) if the ordinance was adopted in December 1983,
2     April 1984, July 1985, or December 1989;
3         (3) if the ordinance was adopted in December 1987 and
4     the redevelopment project is located within one mile of
5     Midway Airport;
6         (4) if the ordinance was adopted before January 1, 1987
7     by a municipality in Mason County;
8         (5) if the municipality is subject to the Local
9     Government Financial Planning and Supervision Act or the
10     Financially Distressed City Law;
11         (6) if the ordinance was adopted in December 1984 by
12     the Village of Rosemont;
13         (7) if the ordinance was adopted on December 31, 1986
14     by a municipality located in Clinton County for which at
15     least $250,000 of tax increment bonds were authorized on
16     June 17, 1997, or if the ordinance was adopted on December
17     31, 1986 by a municipality with a population in 1990 of
18     less than 3,600 that is located in a county with a
19     population in 1990 of less than 34,000 and for which at
20     least $250,000 of tax increment bonds were authorized on
21     June 17, 1997;
22         (8) if the ordinance was adopted on October 5, 1982 by
23     the City of Kankakee, or if the ordinance was adopted on
24     December 29, 1986 by East St. Louis;
25         (9) if the ordinance was adopted on November 12, 1991
26     by the Village of Sauget;

 

 

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1         (10) if the ordinance was adopted on February 11, 1985
2     by the City of Rock Island;
3         (11) if the ordinance was adopted before December 18,
4     1986 by the City of Moline;
5         (12) if the ordinance was adopted in September 1988 by
6     Sauk Village;
7         (13) if the ordinance was adopted in October 1993 by
8     Sauk Village;
9         (14) if the ordinance was adopted on December 29, 1986
10     by the City of Galva;
11         (15) if the ordinance was adopted in March 1991 by the
12     City of Centreville;
13         (16) if the ordinance was adopted on January 23, 1991
14     by the City of East St. Louis;
15         (17) if the ordinance was adopted on December 22, 1986
16     by the City of Aledo;
17         (18) if the ordinance was adopted on February 5, 1990
18     by the City of Clinton;
19         (19) if the ordinance was adopted on September 6, 1994
20     by the City of Freeport;
21         (20) if the ordinance was adopted on December 22, 1986
22     by the City of Tuscola;
23         (21) if the ordinance was adopted on December 23, 1986
24     by the City of Sparta;
25         (22) if the ordinance was adopted on December 23, 1986
26     by the City of Beardstown;

 

 

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1         (23) if the ordinance was adopted on April 27, 1981,
2     October 21, 1985, or December 30, 1986 by the City of
3     Belleville;
4         (24) if the ordinance was adopted on December 29, 1986
5     by the City of Collinsville;
6         (25) if the ordinance was adopted on September 14, 1994
7     by the City of Alton;
8         (26) if the ordinance was adopted on November 11, 1996
9     by the City of Lexington;
10         (27) if the ordinance was adopted on November 5, 1984
11     by the City of LeRoy;
12         (28) if the ordinance was adopted on April 3, 1991 or
13     June 3, 1992 by the City of Markham;
14         (29) if the ordinance was adopted on November 11, 1986
15     by the City of Pekin;
16         (30) if the ordinance was adopted on December 15, 1981
17     by the City of Champaign;
18         (31) if the ordinance was adopted on December 15, 1986
19     by the City of Urbana;
20         (32) if the ordinance was adopted on December 15, 1986
21     by the Village of Heyworth;
22         (33) if the ordinance was adopted on February 24, 1992
23     by the Village of Heyworth;
24         (34) if the ordinance was adopted on March 16, 1995 by
25     the Village of Heyworth;
26         (35) if the ordinance was adopted on December 23, 1986

 

 

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1     by the Town of Cicero;
2         (36) if the ordinance was adopted on December 30, 1986
3     by the City of Effingham;
4         (37) if the ordinance was adopted on May 9, 1991 by the
5     Village of Tilton;
6         (38) if the ordinance was adopted on October 20, 1986
7     by the City of Elmhurst;
8         (39) if the ordinance was adopted on January 19, 1988
9     by the City of Waukegan;
10         (40) if the ordinance was adopted on September 21, 1998
11     by the City of Waukegan;
12         (41) if the ordinance was adopted on December 31, 1986
13     by the City of Sullivan;
14         (42) if the ordinance was adopted on December 23, 1991
15     by the City of Sullivan;
16         (43) if the ordinance was adopted on December 31, 1986
17     by the City of Oglesby;
18         (44) if the ordinance was adopted on July 28, 1987 by
19     the City of Marion;
20         (45) if the ordinance was adopted on April 23, 1990 by
21     the City of Marion;
22         (46) if the ordinance was adopted on August 20, 1985 by
23     the Village of Mount Prospect;
24         (47) if the ordinance was adopted on February 2, 1998
25     by the Village of Woodhull;
26         (48) if the ordinance was adopted on April 20, 1993 by

 

 

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1     the Village of Princeville;
2         (49) if the ordinance was adopted on July 1, 1986 by
3     the City of Granite City;
4         (50) if the ordinance was adopted on February 2, 1989
5     by the Village of Lombard;
6         (51) if the ordinance was adopted on December 29, 1986
7     by the Village of Gardner;
8         (52) if the ordinance was adopted on July 14, 1999 by
9     the Village of Paw Paw;
10         (53) if the ordinance was adopted on November 17, 1986
11     by the Village of Franklin Park;
12         (54) if the ordinance was adopted on November 20, 1989
13     by the Village of South Holland;
14         (55) if the ordinance was adopted on July 14, 1992 by
15     the Village of Riverdale;
16         (56) if the ordinance was adopted on December 29, 1986
17     by the City of Galesburg;
18         (57) if the ordinance was adopted on April 1, 1985 by
19     the City of Galesburg;
20         (58) if the ordinance was adopted on May 21, 1990 by
21     the City of West Chicago;
22         (59) if the ordinance was adopted on December 16, 1986
23     by the City of Oak Forest;
24         (60) if the ordinance was adopted in 1999 by the City
25     of Villa Grove;
26         (61) if the ordinance was adopted on January 13, 1987

 

 

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1     by the Village of Mt. Zion;
2         (62) if the ordinance was adopted on December 30, 1986
3     by the Village of Manteno;
4         (63) if the ordinance was adopted on April 3, 1989 by
5     the City of Chicago Heights;
6         (64) if the ordinance was adopted on January 6, 1999 by
7     the Village of Rosemont;
8         (65) if the ordinance was adopted on December 19, 2000
9     by the Village of Stone Park;
10         (66) if the ordinance was adopted on December 22, 1986
11     by the City of DeKalb; or
12         (67) if the ordinance was adopted on December 2, 1986
13     by the City of Aurora; .
14         (68) (67) if the ordinance was adopted on December 31,
15     1986 by the Village of Milan; or
16         (69) (68) if the ordinance was adopted on September 8,
17     1994 by the City of West Frankfort; .
18         (70) if the ordinance was adopted on December 23, 1986
19     by the Village of Libertyville;
20         (71) if the ordinance was adopted on December 22, 1986
21     by the Village of Hoffman Estates; or
22         (72) if the ordinance was adopted on August 7, 2000 by
23     the City of Des Plaines.
24     (d) For redevelopment project areas for which bonds were
25 issued before July 29, 1991, or for which contracts were
26 entered into before June 1, 1988, in connection with a

 

 

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1 redevelopment project in the area within the State Sales Tax
2 Boundary, the estimated dates of completion of the
3 redevelopment project and retirement of obligations to finance
4 redevelopment project costs (including refunding bonds under
5 Section 11-74.4-7) may be extended by municipal ordinance to
6 December 31, 2013. The termination procedures of subsection (b)
7 of Section 11-74.4-8 are not required for these redevelopment
8 project areas in 2009 but are required in 2013. The extension
9 allowed by Public Act 87-1272 shall not apply to real property
10 tax increment allocation financing under Section 11-74.4-8.
11     (e) Those dates, for purposes of real property tax
12 increment allocation financing pursuant to Section 11-74.4-8
13 only, shall be not more than 35 years for redevelopment project
14 areas that were adopted on or after December 16, 1986 and for
15 which at least $8 million worth of municipal bonds were
16 authorized on or after December 19, 1989 but before January 1,
17 1990; provided that the municipality elects to extend the life
18 of the redevelopment project area to 35 years by the adoption
19 of an ordinance after at least 14 but not more than 30 days'
20 written notice to the taxing bodies, that would otherwise
21 constitute the joint review board for the redevelopment project
22 area, before the adoption of the ordinance.
23     (f) Those dates, for purposes of real property tax
24 increment allocation financing pursuant to Section 11-74.4-8
25 only, shall be not more than 35 years for redevelopment project
26 areas that were established on or after December 1, 1981 but

 

 

09600SB0591sam001 - 19 - LRB096 06641 RLJ 24613 a

1 before January 1, 1982 and for which at least $1,500,000 worth
2 of tax increment revenue bonds were authorized on or after
3 September 30, 1990 but before July 1, 1991; provided that the
4 municipality elects to extend the life of the redevelopment
5 project area to 35 years by the adoption of an ordinance after
6 at least 14 but not more than 30 days' written notice to the
7 taxing bodies, that would otherwise constitute the joint review
8 board for the redevelopment project area, before the adoption
9 of the ordinance.
10     (g) In consolidating the material relating to completion
11 dates from Sections 11-74.4-3 and 11-74.4-7 into this Section,
12 it is not the intent of the 95th General Assembly to make any
13 substantive change in the law, except for the extension of the
14 completion dates date for the City of Aurora, the Village of
15 Milan, and the City of West Frankfort, the Village of
16 Libertyville, and the Village of Hoffman Estates set forth
17 under items item (67), and (68), (69), (70), and (71) of
18 subsection (c) of this Section.
19 (Source: P.A. 95-932, eff. 8-26-08; 95-964, eff. 9-23-08;
20 incorporates P.A. 95-777, eff. 9-22-08, and 95-1028, eff.
21 1-1-10; revised 1-27-09.)
 
22     Section 95. No acceleration or delay. Where this Act makes
23 changes in a statute that is represented in this Act by text
24 that is not yet or no longer in effect (for example, a Section
25 represented by multiple versions), the use of that text does

 

 

09600SB0591sam001 - 20 - LRB096 06641 RLJ 24613 a

1 not accelerate or delay the taking effect of (i) the changes
2 made by this Act or (ii) provisions derived from any other
3 Public Act.".