Public Act 096-0722
 
SB1553 Enrolled LRB096 10849 RLJ 21079 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Municipal Code is amended by
changing Section 11-74.4-3.5 as follows:
 
    (65 ILCS 5/11-74.4-3.5)
    (Text of Section before amendment by P.A. 95-1028)
    Sec. 11-74.4-3.5. Completion dates for redevelopment
projects.
    (a) Unless otherwise stated in this Section, the estimated
dates of completion of the redevelopment project and retirement
of obligations issued to finance redevelopment project costs
(including refunding bonds under Section 11-74.4-7) may not be
later than December 31 of the year in which the payment to the
municipal treasurer, as provided in subsection (b) of Section
11-74.4-8 of this Act, is to be made with respect to ad valorem
taxes levied in the 23rd calendar year after the year in which
the ordinance approving the redevelopment project area was
adopted if the ordinance was adopted on or after January 15,
1981.
    (b) The estimated dates of completion of the redevelopment
project and retirement of obligations issued to finance
redevelopment project costs (including refunding bonds under
Section 11-74.4-7) may not be later than December 31 of the
year in which the payment to the municipal treasurer as
provided in subsection (b) of Section 11-74.4-8 of this Act is
to be made with respect to ad valorem taxes levied in the 33rd
calendar year after the year in which the ordinance approving
the redevelopment project area was adopted, if the ordinance
was adopted on May 20, 1985 by the Village of Wheeling.
    (b-5) The estimated dates of completion of the
redevelopment project and retirement of obligations issued to
finance redevelopment project costs (including refunding bonds
under Section 11-74.4-7) may not be later than December 31 of
the year in which the payment to the municipal treasurer as
provided in subsection (b) of Section 11-74.4-8 of this Act is
to be made with respect to ad valorem taxes levied in the 32nd
calendar year after the year in which the ordinance approving
the redevelopment project area was adopted, if the ordinance
was adopted on September 9, 1999 by the Village of Downs.
    (c) The estimated dates of completion of the redevelopment
project and retirement of obligations issued to finance
redevelopment project costs (including refunding bonds under
Section 11-74.4-7) may not be later than December 31 of the
year in which the payment to the municipal treasurer as
provided in subsection (b) of Section 11-74.4-8 of this Act is
to be made with respect to ad valorem taxes levied in the 35th
calendar year after the year in which the ordinance approving
the redevelopment project area was adopted:
        (1) if the ordinance was adopted before January 15,
    1981;
        (2) if the ordinance was adopted in December 1983,
    April 1984, July 1985, or December 1989;
        (3) if the ordinance was adopted in December 1987 and
    the redevelopment project is located within one mile of
    Midway Airport;
        (4) if the ordinance was adopted before January 1, 1987
    by a municipality in Mason County;
        (5) if the municipality is subject to the Local
    Government Financial Planning and Supervision Act or the
    Financially Distressed City Law;
        (6) if the ordinance was adopted in December 1984 by
    the Village of Rosemont;
        (7) if the ordinance was adopted on December 31, 1986
    by a municipality located in Clinton County for which at
    least $250,000 of tax increment bonds were authorized on
    June 17, 1997, or if the ordinance was adopted on December
    31, 1986 by a municipality with a population in 1990 of
    less than 3,600 that is located in a county with a
    population in 1990 of less than 34,000 and for which at
    least $250,000 of tax increment bonds were authorized on
    June 17, 1997;
        (8) if the ordinance was adopted on October 5, 1982 by
    the City of Kankakee, or if the ordinance was adopted on
    December 29, 1986 by East St. Louis;
        (9) if the ordinance was adopted on November 12, 1991
    by the Village of Sauget;
        (10) if the ordinance was adopted on February 11, 1985
    by the City of Rock Island;
        (11) if the ordinance was adopted before December 18,
    1986 by the City of Moline;
        (12) if the ordinance was adopted in September 1988 by
    Sauk Village;
        (13) if the ordinance was adopted in October 1993 by
    Sauk Village;
        (14) if the ordinance was adopted on December 29, 1986
    by the City of Galva;
        (15) if the ordinance was adopted in March 1991 by the
    City of Centreville;
        (16) if the ordinance was adopted on January 23, 1991
    by the City of East St. Louis;
        (17) if the ordinance was adopted on December 22, 1986
    by the City of Aledo;
        (18) if the ordinance was adopted on February 5, 1990
    by the City of Clinton;
        (19) if the ordinance was adopted on September 6, 1994
    by the City of Freeport;
        (20) if the ordinance was adopted on December 22, 1986
    by the City of Tuscola;
        (21) if the ordinance was adopted on December 23, 1986
    by the City of Sparta;
        (22) if the ordinance was adopted on December 23, 1986
    by the City of Beardstown;
        (23) if the ordinance was adopted on April 27, 1981,
    October 21, 1985, or December 30, 1986 by the City of
    Belleville;
        (24) if the ordinance was adopted on December 29, 1986
    by the City of Collinsville;
        (25) if the ordinance was adopted on September 14, 1994
    by the City of Alton;
        (26) if the ordinance was adopted on November 11, 1996
    by the City of Lexington;
        (27) if the ordinance was adopted on November 5, 1984
    by the City of LeRoy;
        (28) if the ordinance was adopted on April 3, 1991 or
    June 3, 1992 by the City of Markham;
        (29) if the ordinance was adopted on November 11, 1986
    by the City of Pekin;
        (30) if the ordinance was adopted on December 15, 1981
    by the City of Champaign;
        (31) if the ordinance was adopted on December 15, 1986
    by the City of Urbana;
        (32) if the ordinance was adopted on December 15, 1986
    by the Village of Heyworth;
        (33) if the ordinance was adopted on February 24, 1992
    by the Village of Heyworth;
        (34) if the ordinance was adopted on March 16, 1995 by
    the Village of Heyworth;
        (35) if the ordinance was adopted on December 23, 1986
    by the Town of Cicero;
        (36) if the ordinance was adopted on December 30, 1986
    by the City of Effingham;
        (37) if the ordinance was adopted on May 9, 1991 by the
    Village of Tilton;
        (38) if the ordinance was adopted on October 20, 1986
    by the City of Elmhurst;
        (39) if the ordinance was adopted on January 19, 1988
    by the City of Waukegan;
        (40) if the ordinance was adopted on September 21, 1998
    by the City of Waukegan;
        (41) if the ordinance was adopted on December 31, 1986
    by the City of Sullivan;
        (42) if the ordinance was adopted on December 23, 1991
    by the City of Sullivan;
        (43) if the ordinance was adopted on December 31, 1986
    by the City of Oglesby;
        (44) if the ordinance was adopted on July 28, 1987 by
    the City of Marion;
        (45) if the ordinance was adopted on April 23, 1990 by
    the City of Marion;
        (46) if the ordinance was adopted on August 20, 1985 by
    the Village of Mount Prospect;
        (47) if the ordinance was adopted on February 2, 1998
    by the Village of Woodhull;
        (48) if the ordinance was adopted on April 20, 1993 by
    the Village of Princeville;
        (49) if the ordinance was adopted on July 1, 1986 by
    the City of Granite City;
        (50) if the ordinance was adopted on February 2, 1989
    by the Village of Lombard;
        (51) if the ordinance was adopted on December 29, 1986
    by the Village of Gardner;
        (52) if the ordinance was adopted on July 14, 1999 by
    the Village of Paw Paw;
        (53) if the ordinance was adopted on November 17, 1986
    by the Village of Franklin Park;
        (54) if the ordinance was adopted on November 20, 1989
    by the Village of South Holland;
        (55) if the ordinance was adopted on July 14, 1992 by
    the Village of Riverdale;
        (56) if the ordinance was adopted on December 29, 1986
    by the City of Galesburg;
        (57) if the ordinance was adopted on April 1, 1985 by
    the City of Galesburg;
        (58) if the ordinance was adopted on May 21, 1990 by
    the City of West Chicago;
        (59) if the ordinance was adopted on December 16, 1986
    by the City of Oak Forest;
        (60) if the ordinance was adopted in 1999 by the City
    of Villa Grove;
        (61) if the ordinance was adopted on January 13, 1987
    by the Village of Mt. Zion;
        (62) if the ordinance was adopted on December 30, 1986
    by the Village of Manteno;
        (63) if the ordinance was adopted on April 3, 1989 by
    the City of Chicago Heights;
        (64) if the ordinance was adopted on January 6, 1999 by
    the Village of Rosemont;
        (65) if the ordinance was adopted on December 19, 2000
    by the Village of Stone Park;
        (66) if the ordinance was adopted on December 22, 1986
    by the City of DeKalb; or
        (67) if the ordinance was adopted on December 2, 1986
    by the City of Aurora; .
        (68) (67) if the ordinance was adopted on December 31,
    1986 by the Village of Milan; or
        (69) (68) if the ordinance was adopted on September 8,
    1994 by the City of West Frankfort; .
        (70) if the ordinance was adopted on December 23, 1986
    by the Village of Libertyville;
        (72) if the ordinance was adopted on December 29, 1986
    by the City of Pontiac to create TIF I (the Main St TIF);
    or
        (73) if the ordinance was adopted on December 29, 1986
    by the City of Pontiac to create TIF II (the Interstate
    TIF).
    (d) For redevelopment project areas for which bonds were
issued before July 29, 1991, or for which contracts were
entered into before June 1, 1988, in connection with a
redevelopment project in the area within the State Sales Tax
Boundary, the estimated dates of completion of the
redevelopment project and retirement of obligations to finance
redevelopment project costs (including refunding bonds under
Section 11-74.4-7) may be extended by municipal ordinance to
December 31, 2013. The termination procedures of subsection (b)
of Section 11-74.4-8 are not required for these redevelopment
project areas in 2009 but are required in 2013. The extension
allowed by Public Act 87-1272 shall not apply to real property
tax increment allocation financing under Section 11-74.4-8.
    (e) Those dates, for purposes of real property tax
increment allocation financing pursuant to Section 11-74.4-8
only, shall be not more than 35 years for redevelopment project
areas that were adopted on or after December 16, 1986 and for
which at least $8 million worth of municipal bonds were
authorized on or after December 19, 1989 but before January 1,
1990; provided that the municipality elects to extend the life
of the redevelopment project area to 35 years by the adoption
of an ordinance after at least 14 but not more than 30 days'
written notice to the taxing bodies, that would otherwise
constitute the joint review board for the redevelopment project
area, before the adoption of the ordinance.
    (f) Those dates, for purposes of real property tax
increment allocation financing pursuant to Section 11-74.4-8
only, shall be not more than 35 years for redevelopment project
areas that were established on or after December 1, 1981 but
before January 1, 1982 and for which at least $1,500,000 worth
of tax increment revenue bonds were authorized on or after
September 30, 1990 but before July 1, 1991; provided that the
municipality elects to extend the life of the redevelopment
project area to 35 years by the adoption of an ordinance after
at least 14 but not more than 30 days' written notice to the
taxing bodies, that would otherwise constitute the joint review
board for the redevelopment project area, before the adoption
of the ordinance.
    (g) In consolidating the material relating to completion
dates from Sections 11-74.4-3 and 11-74.4-7 into this Section,
it is not the intent of the 95th General Assembly to make any
substantive change in the law, except for the extension of the
completion dates date for the City of Aurora, the Village of
Milan, and the City of West Frankfort, and the Village of
Libertyville set forth under items item (67), and (68), (69),
and (70) of subsection (c) of this Section.
(Source: P.A. 95-932, eff. 8-26-08; 95-964, eff. 9-23-08;
incorporates P.A. 95-777, eff. 9-22-08; revised 10-14-08.)
 
    (Text of Section after amendment by P.A. 95-1028)
    Sec. 11-74.4-3.5. Completion dates for redevelopment
projects.
    (a) Unless otherwise stated in this Section, the estimated
dates of completion of the redevelopment project and retirement
of obligations issued to finance redevelopment project costs
(including refunding bonds under Section 11-74.4-7) may not be
later than December 31 of the year in which the payment to the
municipal treasurer, as provided in subsection (b) of Section
11-74.4-8 of this Act, is to be made with respect to ad valorem
taxes levied in the 23rd calendar year after the year in which
the ordinance approving the redevelopment project area was
adopted if the ordinance was adopted on or after January 15,
1981.
    (b) The estimated dates of completion of the redevelopment
project and retirement of obligations issued to finance
redevelopment project costs (including refunding bonds under
Section 11-74.4-7) may not be later than December 31 of the
year in which the payment to the municipal treasurer as
provided in subsection (b) of Section 11-74.4-8 of this Act is
to be made with respect to ad valorem taxes levied in the 33rd
calendar year after the year in which the ordinance approving
the redevelopment project area was adopted, if the ordinance
was adopted on May 20, 1985 by the Village of Wheeling.
    (b-5) The estimated dates of completion of the
redevelopment project and retirement of obligations issued to
finance redevelopment project costs (including refunding bonds
under Section 11-74.4-7) may not be later than December 31 of
the year in which the payment to the municipal treasurer as
provided in subsection (b) of Section 11-74.4-8 of this Act is
to be made with respect to ad valorem taxes levied in the 32nd
calendar year after the year in which the ordinance approving
the redevelopment project area was adopted, if the ordinance
was adopted on September 9, 1999 by the Village of Downs.
    (c) The estimated dates of completion of the redevelopment
project and retirement of obligations issued to finance
redevelopment project costs (including refunding bonds under
Section 11-74.4-7) may not be later than December 31 of the
year in which the payment to the municipal treasurer as
provided in subsection (b) of Section 11-74.4-8 of this Act is
to be made with respect to ad valorem taxes levied in the 35th
calendar year after the year in which the ordinance approving
the redevelopment project area was adopted:
        (1) if the ordinance was adopted before January 15,
    1981;
        (2) if the ordinance was adopted in December 1983,
    April 1984, July 1985, or December 1989;
        (3) if the ordinance was adopted in December 1987 and
    the redevelopment project is located within one mile of
    Midway Airport;
        (4) if the ordinance was adopted before January 1, 1987
    by a municipality in Mason County;
        (5) if the municipality is subject to the Local
    Government Financial Planning and Supervision Act or the
    Financially Distressed City Law;
        (6) if the ordinance was adopted in December 1984 by
    the Village of Rosemont;
        (7) if the ordinance was adopted on December 31, 1986
    by a municipality located in Clinton County for which at
    least $250,000 of tax increment bonds were authorized on
    June 17, 1997, or if the ordinance was adopted on December
    31, 1986 by a municipality with a population in 1990 of
    less than 3,600 that is located in a county with a
    population in 1990 of less than 34,000 and for which at
    least $250,000 of tax increment bonds were authorized on
    June 17, 1997;
        (8) if the ordinance was adopted on October 5, 1982 by
    the City of Kankakee, or if the ordinance was adopted on
    December 29, 1986 by East St. Louis;
        (9) if the ordinance was adopted on November 12, 1991
    by the Village of Sauget;
        (10) if the ordinance was adopted on February 11, 1985
    by the City of Rock Island;
        (11) if the ordinance was adopted before December 18,
    1986 by the City of Moline;
        (12) if the ordinance was adopted in September 1988 by
    Sauk Village;
        (13) if the ordinance was adopted in October 1993 by
    Sauk Village;
        (14) if the ordinance was adopted on December 29, 1986
    by the City of Galva;
        (15) if the ordinance was adopted in March 1991 by the
    City of Centreville;
        (16) if the ordinance was adopted on January 23, 1991
    by the City of East St. Louis;
        (17) if the ordinance was adopted on December 22, 1986
    by the City of Aledo;
        (18) if the ordinance was adopted on February 5, 1990
    by the City of Clinton;
        (19) if the ordinance was adopted on September 6, 1994
    by the City of Freeport;
        (20) if the ordinance was adopted on December 22, 1986
    by the City of Tuscola;
        (21) if the ordinance was adopted on December 23, 1986
    by the City of Sparta;
        (22) if the ordinance was adopted on December 23, 1986
    by the City of Beardstown;
        (23) if the ordinance was adopted on April 27, 1981,
    October 21, 1985, or December 30, 1986 by the City of
    Belleville;
        (24) if the ordinance was adopted on December 29, 1986
    by the City of Collinsville;
        (25) if the ordinance was adopted on September 14, 1994
    by the City of Alton;
        (26) if the ordinance was adopted on November 11, 1996
    by the City of Lexington;
        (27) if the ordinance was adopted on November 5, 1984
    by the City of LeRoy;
        (28) if the ordinance was adopted on April 3, 1991 or
    June 3, 1992 by the City of Markham;
        (29) if the ordinance was adopted on November 11, 1986
    by the City of Pekin;
        (30) if the ordinance was adopted on December 15, 1981
    by the City of Champaign;
        (31) if the ordinance was adopted on December 15, 1986
    by the City of Urbana;
        (32) if the ordinance was adopted on December 15, 1986
    by the Village of Heyworth;
        (33) if the ordinance was adopted on February 24, 1992
    by the Village of Heyworth;
        (34) if the ordinance was adopted on March 16, 1995 by
    the Village of Heyworth;
        (35) if the ordinance was adopted on December 23, 1986
    by the Town of Cicero;
        (36) if the ordinance was adopted on December 30, 1986
    by the City of Effingham;
        (37) if the ordinance was adopted on May 9, 1991 by the
    Village of Tilton;
        (38) if the ordinance was adopted on October 20, 1986
    by the City of Elmhurst;
        (39) if the ordinance was adopted on January 19, 1988
    by the City of Waukegan;
        (40) if the ordinance was adopted on September 21, 1998
    by the City of Waukegan;
        (41) if the ordinance was adopted on December 31, 1986
    by the City of Sullivan;
        (42) if the ordinance was adopted on December 23, 1991
    by the City of Sullivan;
        (43) if the ordinance was adopted on December 31, 1986
    by the City of Oglesby;
        (44) if the ordinance was adopted on July 28, 1987 by
    the City of Marion;
        (45) if the ordinance was adopted on April 23, 1990 by
    the City of Marion;
        (46) if the ordinance was adopted on August 20, 1985 by
    the Village of Mount Prospect;
        (47) if the ordinance was adopted on February 2, 1998
    by the Village of Woodhull;
        (48) if the ordinance was adopted on April 20, 1993 by
    the Village of Princeville;
        (49) if the ordinance was adopted on July 1, 1986 by
    the City of Granite City;
        (50) if the ordinance was adopted on February 2, 1989
    by the Village of Lombard;
        (51) if the ordinance was adopted on December 29, 1986
    by the Village of Gardner;
        (52) if the ordinance was adopted on July 14, 1999 by
    the Village of Paw Paw;
        (53) if the ordinance was adopted on November 17, 1986
    by the Village of Franklin Park;
        (54) if the ordinance was adopted on November 20, 1989
    by the Village of South Holland;
        (55) if the ordinance was adopted on July 14, 1992 by
    the Village of Riverdale;
        (56) if the ordinance was adopted on December 29, 1986
    by the City of Galesburg;
        (57) if the ordinance was adopted on April 1, 1985 by
    the City of Galesburg;
        (58) if the ordinance was adopted on May 21, 1990 by
    the City of West Chicago;
        (59) if the ordinance was adopted on December 16, 1986
    by the City of Oak Forest;
        (60) if the ordinance was adopted in 1999 by the City
    of Villa Grove;
        (61) if the ordinance was adopted on January 13, 1987
    by the Village of Mt. Zion;
        (62) if the ordinance was adopted on December 30, 1986
    by the Village of Manteno;
        (63) if the ordinance was adopted on April 3, 1989 by
    the City of Chicago Heights;
        (64) if the ordinance was adopted on January 6, 1999 by
    the Village of Rosemont;
        (65) if the ordinance was adopted on December 19, 2000
    by the Village of Stone Park;
        (66) if the ordinance was adopted on December 22, 1986
    by the City of DeKalb; or
        (67) if the ordinance was adopted on December 2, 1986
    by the City of Aurora; .
        (68) (67) if the ordinance was adopted on December 31,
    1986 by the Village of Milan; or
        (69) (68) if the ordinance was adopted on September 8,
    1994 by the City of West Frankfort; .
        (70) if the ordinance was adopted on December 23, 1986
    by the Village of Libertyville;
        (71) if the ordinance was adopted on December 22, 1986
    by the Village of Hoffman Estates;
        (72) if the ordinance was adopted on December 29, 1986
    by the City of Pontiac to create TIF I (the Main St TIF);
    or
        (73) if the ordinance was adopted on December 29, 1986
    by the City of Pontiac to create TIF II (the Interstate
    TIF).
    (d) For redevelopment project areas for which bonds were
issued before July 29, 1991, or for which contracts were
entered into before June 1, 1988, in connection with a
redevelopment project in the area within the State Sales Tax
Boundary, the estimated dates of completion of the
redevelopment project and retirement of obligations to finance
redevelopment project costs (including refunding bonds under
Section 11-74.4-7) may be extended by municipal ordinance to
December 31, 2013. The termination procedures of subsection (b)
of Section 11-74.4-8 are not required for these redevelopment
project areas in 2009 but are required in 2013. The extension
allowed by Public Act 87-1272 shall not apply to real property
tax increment allocation financing under Section 11-74.4-8.
    (e) Those dates, for purposes of real property tax
increment allocation financing pursuant to Section 11-74.4-8
only, shall be not more than 35 years for redevelopment project
areas that were adopted on or after December 16, 1986 and for
which at least $8 million worth of municipal bonds were
authorized on or after December 19, 1989 but before January 1,
1990; provided that the municipality elects to extend the life
of the redevelopment project area to 35 years by the adoption
of an ordinance after at least 14 but not more than 30 days'
written notice to the taxing bodies, that would otherwise
constitute the joint review board for the redevelopment project
area, before the adoption of the ordinance.
    (f) Those dates, for purposes of real property tax
increment allocation financing pursuant to Section 11-74.4-8
only, shall be not more than 35 years for redevelopment project
areas that were established on or after December 1, 1981 but
before January 1, 1982 and for which at least $1,500,000 worth
of tax increment revenue bonds were authorized on or after
September 30, 1990 but before July 1, 1991; provided that the
municipality elects to extend the life of the redevelopment
project area to 35 years by the adoption of an ordinance after
at least 14 but not more than 30 days' written notice to the
taxing bodies, that would otherwise constitute the joint review
board for the redevelopment project area, before the adoption
of the ordinance.
    (g) In consolidating the material relating to completion
dates from Sections 11-74.4-3 and 11-74.4-7 into this Section,
it is not the intent of the 95th General Assembly to make any
substantive change in the law, except for the extension of the
completion dates date for the City of Aurora, the Village of
Milan, and the City of West Frankfort, the Village of
Libertyville, and the Village of Hoffman Estates set forth
under items item (67), and (68), (69), (70), and (71) of
subsection (c) of this Section.
(Source: P.A. 95-932, eff. 8-26-08; 95-964, eff. 9-23-08;
incorporates P.A. 95-777, eff. 9-22-08, and 95-1028, eff.
1-1-10; revised 1-27-09.)
 
    Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/25/2009