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92nd General Assembly

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Public Act 92-0263

HB0760 Enrolled                               LRB9201544SMdvA

    AN ACT concerning taxation.

    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 Sections 8-11-20, 11-74.4-3, 11-74.4-4.1, 11-74.4-5,
11-74.4-7, and 11-74.4-8a as follows:

    (65 ILCS 5/8-11-20)
    Sec.  8-11-20.   Economic  incentive   agreements.    The
corporate  authorities  of  a  municipality may enter into an
economic incentive agreement relating to the  development  or
redevelopment  of  land  within  the  corporate limits of the
municipality.  Under this  agreement,  the  municipality  may
agree  to  share  or  rebate  a  portion  of  any  retailers'
occupation  taxes  received  by  the  municipality  that were
generated by the development or redevelopment over  a  finite
period   of   time.    Before  entering  into  the  agreement
authorized by this Section, the corporate  authorities  shall
make the following findings:
    (1)  If the property subject to the agreement is vacant:
         (A)  that  the  property  has remained vacant for at
    least one year, or
         (B)  that any building located on the  property  was
    demolished  within  the  last  year and that the building
    would have qualified under finding (2) of this Section;
    (2)  If  the  property  subject  to  the   agreement   is
currently developed:
         (A)  that  the  buildings  on the property no longer
    comply with current building codes, or
         (B)  that  the  buildings  on  the   property   have
    remained    less   than   significantly   unoccupied   or
    underutilized for a period of at least one year;
    (3)  That the project is expected to create or retain job
opportunities within the municipality;
    (4)  That  the  project  will  serve   to   further   the
development of adjacent areas;
    (5)  That without the agreement, the project would not be
possible;
    (6)  That   the   developer   meets   high  standards  of
creditworthiness and financial strength  as  demonstrated  by
one or more of the following:
         (A)  corporate debenture ratings of BBB or higher by
    Standard & Poor's Corporation or Baa or higher by Moody's
    Investors Service, Inc.;
         (B)  a  letter  from  a  financial  institution with
    assets of $10,000,000 or more attesting to the  financial
    strength of the developer; or
         (C)  specific  evidence  of equity financing for not
    less than 10% of the total project costs;
    (7)  That the  project  will  strengthen  the  commercial
sector of the municipality;
    (8)  That  the  project  will enhance the tax base of the
municipality; and
    (9)  That the agreement is made in the best  interest  of
the municipality.
(Source: P.A. 89-63, eff. 6-30-95.)

    (65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3)
    Sec.   11-74.4-3.   Definitions.   The  following  terms,
wherever used or referred to in this Division 74.4 shall have
the following respective  meanings,  unless  in  any  case  a
different meaning clearly appears from the context.
    (a)  For  any  redevelopment  project  area that has been
designated pursuant to this Section by an  ordinance  adopted
prior  to  November 1, 1999 (the effective date of Public Act
91-478), "blighted area" shall have the meaning set forth  in
this Section prior to that date.
    On  and after November 1, 1999, "blighted area" means any
improved  or  vacant  area  within  the   boundaries   of   a
redevelopment  project  area  located  within the territorial
limits of the municipality where:
         (1)  If  improved,   industrial,   commercial,   and
    residential  buildings or improvements are detrimental to
    the public  safety,  health,  or  welfare  because  of  a
    combination  of  5 or more of the following factors, each
    of which is (i) present, with that  presence  documented,
    to  a  meaningful  extent  so  that  a  municipality  may
    reasonably find that the factor is clearly present within
    the  intent  of  the  Act and (ii) reasonably distributed
    throughout the improved part of the redevelopment project
    area:
              (A)  Dilapidation.   An   advanced   state   of
         disrepair  or  neglect  of  necessary repairs to the
         primary  structural  components  of   buildings   or
         improvements in such a combination that a documented
         building  condition  analysis  determines that major
         repair is required or the defects are so serious and
         so extensive that the buildings must be removed.
              (B)  Obsolescence.  The condition or process of
         falling  into   disuse.   Structures   have   become
         ill-suited for the original use.
              (C)  Deterioration.  With respect to buildings,
         defects including, but not limited to, major defects
         in  the secondary building components such as doors,
         windows,  porches,  gutters  and   downspouts,   and
         fascia.   With respect to surface improvements, that
         the condition of roadways, alleys,  curbs,  gutters,
         sidewalks,  off-street  parking, and surface storage
         areas evidence  deterioration,  including,  but  not
         limited  to,  surface cracking, crumbling, potholes,
         depressions,  loose  paving  material,   and   weeds
         protruding through paved surfaces.
              (D)  Presence  of structures below minimum code
         standards.  All structures  that  do  not  meet  the
         standards  of  zoning,  subdivision, building, fire,
         and other governmental codes applicable to property,
         but not including housing and  property  maintenance
         codes.
              (E)  Illegal use of individual structures.  The
         use   of   structures  in  violation  of  applicable
         federal, State, or local laws,  exclusive  of  those
         applicable  to  the  presence  of  structures  below
         minimum code standards.
              (F)  Excessive   vacancies.   The  presence  of
         buildings that are unoccupied or under-utilized  and
         that  represent  an  adverse  influence  on the area
         because of the frequency, extent, or duration of the
         vacancies.
              (G)  Lack of ventilation,  light,  or  sanitary
         facilities.  The absence of adequate ventilation for
         light  or air circulation in spaces or rooms without
         windows, or that require the removal of dust,  odor,
         gas,  smoke,  or  other  noxious airborne materials.
         Inadequate natural light and ventilation  means  the
         absence  of skylights or windows for interior spaces
         or rooms and improper window sizes  and  amounts  by
         room   area   to  window  area  ratios.   Inadequate
         sanitary  facilities  refers  to  the   absence   or
         inadequacy   of   garbage   storage  and  enclosure,
         bathroom facilities, hot  water  and  kitchens,  and
         structural   inadequacies   preventing  ingress  and
         egress to and from all  rooms  and  units  within  a
         building.
              (H)  Inadequate   utilities.   Underground  and
         overhead utilities such as storm  sewers  and  storm
         drainage,  sanitary  sewers,  water  lines, and gas,
         telephone, and electrical services that are shown to
         be inadequate.  Inadequate utilities are those  that
         are:  (i) of insufficient capacity to serve the uses
         in   the   redevelopment    project    area,    (ii)
         deteriorated, antiquated, obsolete, or in disrepair,
         or  (iii)  lacking  within the redevelopment project
         area.
              (I)  Excessive land coverage  and  overcrowding
         of   structures   and   community  facilities.   The
         over-intensive use of property and the  crowding  of
         buildings  and  accessory  facilities  onto  a site.
         Examples  of  problem  conditions   warranting   the
         designation  of  an area as one exhibiting excessive
         land coverage are: (i)  the  presence  of  buildings
         either  improperly situated on parcels or located on
         parcels of inadequate size and shape in relation  to
         present-day  standards of development for health and
         safety and (ii) the presence of  multiple  buildings
         on  a  single  parcel.  For there to be a finding of
         excessive land coverage, these parcels must  exhibit
         one   or   more   of   the   following   conditions:
         insufficient  provision  for light and air within or
         around buildings, increased threat of spread of fire
         due to the close proximity  of  buildings,  lack  of
         adequate  or proper access to a public right-of-way,
         lack of reasonably required off-street  parking,  or
         inadequate provision for loading and service.
              (J)  Deleterious   land  use  or  layout.   The
         existence of  incompatible  land-use  relationships,
         buildings  occupied  by inappropriate mixed-uses, or
         uses  considered  to  be  noxious,   offensive,   or
         unsuitable for the surrounding area.
              (K)  Environmental   clean-up.    The  proposed
         redevelopment project  area  has  incurred  Illinois
         Environmental  Protection  Agency  or  United States
         Environmental Protection  Agency  remediation  costs
         for,   or   a  study  conducted  by  an  independent
         consultant  recognized  as   having   expertise   in
         environmental remediation has determined a need for,
         the   clean-up   of   hazardous   waste,   hazardous
         substances, or underground storage tanks required by
         State  or federal law, provided that the remediation
         costs  constitute  a  material  impediment  to   the
         development  or  redevelopment  of the redevelopment
         project area.
              (L)  Lack of community planning.  The  proposed
         redevelopment project area was developed prior to or
         without the benefit or guidance of a community plan.
         This  means  that  the development occurred prior to
         the adoption by the municipality of a  comprehensive
         or  other  community  plan  or that the plan was not
         followed at the  time  of  the  area's  development.
         This  factor  must  be  documented  by  evidence  of
         adverse   or  incompatible  land-use  relationships,
         inadequate  street  layout,  improper   subdivision,
         parcels   of  inadequate  shape  and  size  to  meet
         contemporary   development   standards,   or   other
         evidence  demonstrating  an  absence  of   effective
         community planning.
              (M)  The  total equalized assessed value of the
         proposed redevelopment project area has declined for
         3 of the last 5 calendar years prior to the year  in
         which  the  redevelopment project area is designated
         or is increasing at an annual rate that is less than
         the balance of the municipality for 3 of the last  5
         calendar years for which information is available or
         is  increasing  at  an annual rate that is less than
         the Consumer Price Index  for  All  Urban  Consumers
         published  by  the United States Department of Labor
         or successor agency for 3 of  the  last  5  calendar
         years  prior  to the year in which the redevelopment
         project area is designated.
         (2)  If   vacant,   the   sound   growth   of    the
    redevelopment  project  area is impaired by a combination
    of 2 or more of the following factors, each of  which  is
    (i)   present,   with  that  presence  documented,  to  a
    meaningful extent so that a municipality  may  reasonably
    find that the factor is clearly present within the intent
    of the Act and (ii) reasonably distributed throughout the
    vacant part of the redevelopment project area to which it
    pertains:
              (A)  Obsolete  platting  of  vacant  land  that
         results  in  parcels  of  limited  or narrow size or
         configurations of parcels of irregular size or shape
         that would be difficult  to  develop  on  a  planned
         basis  and  in a manner compatible with contemporary
         standards and requirements, or platting that  failed
         to  create  rights-of-ways  for streets or alleys or
         that  created  inadequate  right-of-way  widths  for
         streets, alleys, or other  public  rights-of-way  or
         that omitted easements for public utilities.
              (B)  Diversity   of  ownership  of  parcels  of
         vacant land sufficient in number to retard or impede
         the ability to assemble the land for development.
              (C)  Tax and special  assessment  delinquencies
         exist  or  the  property has been the subject of tax
         sales under the Property Tax Code within the last 5
         years.
              (D)  Deterioration  of   structures   or   site
         improvements  in  neighboring  areas adjacent to the
         vacant land.
              (E)  The    area    has    incurred    Illinois
         Environmental Protection  Agency  or  United  States
         Environmental  Protection  Agency  remediation costs
         for,  or  a  study  conducted  by   an   independent
         consultant   recognized   as   having  expertise  in
         environmental remediation has determined a need for,
         the   clean-up   of   hazardous   waste,   hazardous
         substances, or underground storage tanks required by
         State or federal law, provided that the  remediation
         costs   constitute  a  material  impediment  to  the
         development or redevelopment  of  the  redevelopment
         project area.
              (F)  The  total equalized assessed value of the
         proposed redevelopment project area has declined for
         3 of the last 5 calendar years prior to the year  in
         which  the  redevelopment project area is designated
         or is increasing at an annual rate that is less than
         the balance of the municipality for 3 of the last  5
         calendar years for which information is available or
         is  increasing  at  an annual rate that is less than
         the Consumer Price Index  for  All  Urban  Consumers
         published  by  the United States Department of Labor
         or successor agency for 3 of  the  last  5  calendar
         years  prior  to the year in which the redevelopment
         project area is designated.
         (3)  If   vacant,   the   sound   growth   of    the
    redevelopment  project  area  is  impaired  by one of the
    following factors that (i) is present, with that presence
    documented, to a meaningful extent so that a municipality
    may reasonably find that the factor  is  clearly  present
    within  the  intent  of  the  Act  and (ii) is reasonably
    distributed   throughout   the   vacant   part   of   the
    redevelopment project area to which it pertains:
              (A)  The area consists of one  or  more  unused
         quarries, mines, or strip mine ponds.
              (B)  The  area  consists  of  unused railyards,
         rail tracks, or railroad rights-of-way.
              (C)  The area, prior  to  its  designation,  is
         subject  to  chronic flooding that adversely impacts
         on real property in  the  area  as  certified  by  a
         registered   professional  engineer  or  appropriate
         regulatory agency.
              (D)  The area consists of an unused or  illegal
         disposal  site  containing  earth,  stone,  building
         debris,  or similar materials that were removed from
         construction,  demolition,  excavation,  or   dredge
         sites.
              (E)  Prior to November 1, 1999, the area is not
         less  than  50  nor  more  than 100 acres and 75% of
         which is vacant (notwithstanding that the  area  has
         been   used  for  commercial  agricultural  purposes
         within 5 years  prior  to  the  designation  of  the
         redevelopment  project  area), and the area meets at
         least one of the factors itemized in  paragraph  (1)
         of  this subsection, the area has been designated as
         a  town  or   village   center   by   ordinance   or
         comprehensive plan adopted prior to January 1, 1982,
         and  the  area  has  not  been  developed  for  that
         designated purpose.
              (F)  The  area qualified as a blighted improved
         area immediately prior to  becoming  vacant,  unless
         there has been substantial private investment in the
         immediately surrounding area.
    (b)  For  any  redevelopment  project  area that has been
designated pursuant to this Section by an  ordinance  adopted
prior  to  November 1, 1999 (the effective date of Public Act
91-478), "conservation area" shall have the meaning set forth
in this Section prior to that date.
    On and after November 1, 1999, "conservation area"  means
any  improved  area  within the boundaries of a redevelopment
project area located within the  territorial  limits  of  the
municipality  in  which  50% or more of the structures in the
area have an age of 35 years or more.  Such an  area  is  not
yet a blighted area but because of a combination of 3 or more
of the following factors is detrimental to the public safety,
health,  morals  or  welfare  and  such  an area may become a
blighted area:
         (1)  Dilapidation.  An advanced state  of  disrepair
    or neglect of necessary repairs to the primary structural
    components   of  buildings  or  improvements  in  such  a
    combination that a documented building condition analysis
    determines that major repair is required or  the  defects
    are  so  serious and so extensive that the buildings must
    be removed.
         (2)  Obsolescence.   The  condition  or  process  of
    falling into disuse. Structures  have  become  ill-suited
    for the original use.
         (3)  Deterioration.    With  respect  to  buildings,
    defects including, but not limited to, major  defects  in
    the secondary building components such as doors, windows,
    porches,   gutters  and  downspouts,  and  fascia.   With
    respect to surface improvements, that  the  condition  of
    roadways,  alleys,  curbs, gutters, sidewalks, off-street
    parking,   and    surface    storage    areas    evidence
    deterioration,  including,  but  not  limited to, surface
    cracking, crumbling, potholes, depressions, loose  paving
    material, and weeds protruding through paved surfaces.
         (4)  Presence   of  structures  below  minimum  code
    standards.  All structures that do not meet the standards
    of  zoning,  subdivision,  building,  fire,   and   other
    governmental   codes  applicable  to  property,  but  not
    including housing and property maintenance codes.
         (5)  Illegal use of individual structures.  The  use
    of  structures in violation of applicable federal, State,
    or local laws,  exclusive  of  those  applicable  to  the
    presence of structures below minimum code standards.
         (6)  Excessive vacancies.  The presence of buildings
    that  are unoccupied or under-utilized and that represent
    an  adverse  influence  on  the  area  because   of   the
    frequency, extent, or duration of the vacancies.
         (7)  Lack   of   ventilation,   light,  or  sanitary
    facilities.  The  absence  of  adequate  ventilation  for
    light  or  air  circulation  in  spaces  or rooms without
    windows, or that require the removal of dust, odor,  gas,
    smoke,  or  other noxious airborne materials.  Inadequate
    natural  light  and  ventilation  means  the  absence  or
    inadequacy of skylights or windows for interior spaces or
    rooms and improper window sizes and amounts by room  area
    to  window  area  ratios.  Inadequate sanitary facilities
    refers to the absence or inadequacy  of  garbage  storage
    and   enclosure,   bathroom  facilities,  hot  water  and
    kitchens, and structural inadequacies preventing  ingress
    and  egress  to  and  from  all  rooms and units within a
    building.
         (8)  Inadequate utilities.  Underground and overhead
    utilities  such  as  storm  sewers  and  storm  drainage,
    sanitary sewers, water lines,  and  gas,  telephone,  and
    electrical  services  that  are  shown  to be inadequate.
    Inadequate  utilities  are  those  that   are:   (i)   of
    insufficient   capacity   to   serve   the  uses  in  the
    redevelopment   project    area,    (ii)    deteriorated,
    antiquated,  obsolete,  or in disrepair, or (iii) lacking
    within the redevelopment project area.
         (9)  Excessive land  coverage  and  overcrowding  of
    structures  and community facilities.  The over-intensive
    use  of  property  and  the  crowding  of  buildings  and
    accessory facilities onto a site.   Examples  of  problem
    conditions  warranting  the designation of an area as one
    exhibiting excessive land coverage are: the  presence  of
    buildings   either  improperly  situated  on  parcels  or
    located on  parcels  of  inadequate  size  and  shape  in
    relation  to  present-day  standards  of  development for
    health and safety and the presence of multiple  buildings
    on  a  single  parcel.   For  there  to  be  a finding of
    excessive land coverage, these parcels must  exhibit  one
    or   more   of  the  following  conditions:  insufficient
    provision for light and air within or  around  buildings,
    increased  threat  of  spread  of  fire  due to the close
    proximity of buildings, lack of adequate or proper access
    to a public right-of-way,  lack  of  reasonably  required
    off-street  parking,  or inadequate provision for loading
    and service.
         (10)  Deleterious land use or layout.  The existence
    of   incompatible   land-use   relationships,   buildings
    occupied by inappropriate mixed-uses, or uses  considered
    to   be   noxious,   offensive,  or  unsuitable  for  the
    surrounding area.
         (11)  Lack  of  community  planning.   The  proposed
    redevelopment project area  was  developed  prior  to  or
    without the benefit or guidance of a community plan. This
    means that the development occurred prior to the adoption
    by the municipality of a comprehensive or other community
    plan or that the plan was not followed at the time of the
    area's  development.   This  factor must be documented by
    evidence   of   adverse    or    incompatible    land-use
    relationships,   inadequate   street   layout,   improper
    subdivision, parcels of inadequate shape and size to meet
    contemporary  development  standards,  or  other evidence
    demonstrating an absence of effective community planning.
         (12)  The area has incurred  Illinois  Environmental
    Protection   Agency   or   United   States  Environmental
    Protection Agency  remediation  costs  for,  or  a  study
    conducted  by  an  independent  consultant  recognized as
    having  expertise  in   environmental   remediation   has
    determined  a  need for, the clean-up of hazardous waste,
    hazardous  substances,  or  underground   storage   tanks
    required  by  State  or  federal  law,  provided that the
    remediation costs constitute a material impediment to the
    development or redevelopment of the redevelopment project
    area.
         (13)  The total  equalized  assessed  value  of  the
    proposed redevelopment project area has declined for 3 of
    the  last  5  calendar  years  for  which  information is
    available or is increasing at an annual rate that is less
    than the balance of the municipality for 3 of the last  5
    calendar  years  for which information is available or is
    increasing at an  annual  rate  that  is  less  than  the
    Consumer Price Index for All Urban Consumers published by
    the United States Department of Labor or successor agency
    for  3 of the last 5 calendar years for which information
    is available.
    (c)  "Industrial park" means an area  in  a  blighted  or
conservation  area  suitable  for  use  by any manufacturing,
industrial,  research  or   transportation   enterprise,   of
facilities to include but not be limited to factories, mills,
processing   plants,   assembly   plants,   packing   plants,
fabricating    plants,   industrial   distribution   centers,
warehouses, repair overhaul or  service  facilities,  freight
terminals,  research  facilities, test facilities or railroad
facilities.
    (d)  "Industrial park conservation area"  means  an  area
within the boundaries of a redevelopment project area located
within  the  territorial  limits  of a municipality that is a
labor surplus municipality or  within  1  1/2  miles  of  the
territorial  limits of a municipality that is a labor surplus
municipality if the area  is  annexed  to  the  municipality;
which  area  is zoned as industrial no later than at the time
the municipality by ordinance  designates  the  redevelopment
project  area,  and  which  area  includes  both  vacant land
suitable for use as an industrial park and a blighted area or
conservation area contiguous to such vacant land.
    (e)  "Labor surplus municipality" means a municipality in
which,  at  any  time  during  the  6   months   before   the
municipality  by  ordinance  designates  an  industrial  park
conservation  area, the unemployment rate was over 6% and was
also 100% or more of the national average  unemployment  rate
for  that  same  time  as  published  in  the  United  States
Department  of  Labor  Bureau of Labor Statistics publication
entitled  "The  Employment  Situation"   or   its   successor
publication.   For   the   purpose  of  this  subsection,  if
unemployment rate statistics for  the  municipality  are  not
available, the unemployment rate in the municipality shall be
deemed  to  be  the  same  as  the  unemployment  rate in the
principal county in which the municipality is located.
    (f)  "Municipality"  shall  mean  a  city,   village   or
incorporated town.
    (g)  "Initial  Sales  Tax  Amounts"  means  the amount of
taxes paid under the Retailers' Occupation Tax Act,  Use  Tax
Act, Service Use Tax Act, the Service Occupation Tax Act, the
Municipal  Retailers'  Occupation  Tax Act, and the Municipal
Service Occupation Tax Act by  retailers  and  servicemen  on
transactions  at places located in a State Sales Tax Boundary
during the calendar year 1985.
    (g-1)  "Revised Initial  Sales  Tax  Amounts"  means  the
amount of taxes paid under the Retailers' Occupation Tax Act,
Use  Tax Act, Service Use Tax Act, the Service Occupation Tax
Act, the Municipal Retailers' Occupation  Tax  Act,  and  the
Municipal   Service  Occupation  Tax  Act  by  retailers  and
servicemen on transactions at places located within the State
Sales Tax Boundary revised pursuant to Section  11-74.4-8a(9)
of this Act.
    (h)  "Municipal  Sales  Tax  Increment"  means  an amount
equal to the increase in the aggregate amount of  taxes  paid
to  a municipality from the Local Government Tax Fund arising
from  sales  by   retailers   and   servicemen   within   the
redevelopment  project  area  or State Sales Tax Boundary, as
the case may be, for as long  as  the  redevelopment  project
area  or  State Sales Tax Boundary, as the case may be, exist
over and above the aggregate amount of taxes as certified  by
the  Illinois  Department  of  Revenue  and  paid  under  the
Municipal  Retailers'  Occupation  Tax  Act and the Municipal
Service Occupation Tax Act by retailers  and  servicemen,  on
transactions   at   places   of   business   located  in  the
redevelopment project area or State Sales  Tax  Boundary,  as
the  case  may  be,  during  the base year which shall be the
calendar year immediately prior to  the  year  in  which  the
municipality adopted tax increment allocation financing.  For
purposes  of computing the aggregate amount of such taxes for
base years occurring prior to 1985, the Department of Revenue
shall determine the Initial Sales Tax Amounts for such  taxes
and  deduct  therefrom an amount equal to 4% of the aggregate
amount of taxes per year for each year the base year is prior
to 1985, but not to exceed a total deduction  of  12%.    The
amount  so determined shall be known as the "Adjusted Initial
Sales  Tax  Amounts".   For  purposes  of   determining   the
Municipal  Sales  Tax  Increment,  the  Department of Revenue
shall for each period subtract from the amount  paid  to  the
municipality  from the Local Government Tax Fund arising from
sales by retailers and servicemen on transactions located  in
the  redevelopment  project  area  or  the  State  Sales  Tax
Boundary, as the case may be, the certified Initial Sales Tax
Amounts,  the  Adjusted  Initial  Sales  Tax  Amounts  or the
Revised  Initial  Sales  Tax  Amounts   for   the   Municipal
Retailers'  Occupation  Tax  Act  and  the  Municipal Service
Occupation Tax Act.  For the State  Fiscal  Year  1989,  this
calculation shall be made by utilizing the calendar year 1987
to  determine the tax amounts received.  For the State Fiscal
Year 1990, this calculation shall be made  by  utilizing  the
period  from  January  1,  1988, until September 30, 1988, to
determine  the  tax  amounts  received  from  retailers   and
servicemen  pursuant  to  the Municipal Retailers' Occupation
Tax and the Municipal Service Occupation Tax Act, which shall
have  deducted  therefrom  nine-twelfths  of  the   certified
Initial  Sales  Tax  Amounts,  the Adjusted Initial Sales Tax
Amounts  or  the  Revised  Initial  Sales  Tax   Amounts   as
appropriate. For the State Fiscal Year 1991, this calculation
shall  be  made by utilizing the period from October 1, 1988,
to June 30, 1989, to determine the tax amounts received  from
retailers and servicemen pursuant to the Municipal Retailers'
Occupation  Tax  and the Municipal Service Occupation Tax Act
which shall have  deducted  therefrom  nine-twelfths  of  the
certified  Initial  Sales Tax Amounts, Adjusted Initial Sales
Tax Amounts or the  Revised  Initial  Sales  Tax  Amounts  as
appropriate.  For  every  State  Fiscal  Year thereafter, the
applicable period shall be the 12 months beginning July 1 and
ending June 30 to determine the tax  amounts  received  which
shall have deducted therefrom the certified Initial Sales Tax
Amounts,  the  Adjusted  Initial  Sales  Tax  Amounts  or the
Revised Initial Sales Tax Amounts, as the case may be.
    (i)  "Net State Sales Tax Increment" means the sum of the
following: (a) 80% of the first $100,000 of State  Sales  Tax
Increment   annually  generated  within  a  State  Sales  Tax
Boundary; (b) 60% of the amount in excess of $100,000 but not
exceeding $500,000 of  State  Sales  Tax  Increment  annually
generated  within  a State Sales Tax Boundary; and (c) 40% of
all  amounts  in  excess  of  $500,000  of  State  Sales  Tax
Increment  annually  generated  within  a  State  Sales   Tax
Boundary.   If,  however,  a  municipality  established a tax
increment financing district in a county with a population in
excess  of  3,000,000  before  January  1,  1986,   and   the
municipality  entered  into  a contract or issued bonds after
January 1, 1986, but before December  31,  1986,  to  finance
redevelopment   project   costs  within  a  State  Sales  Tax
Boundary, then the Net State Sales Tax Increment  means,  for
the  fiscal  years  beginning July 1, 1990, and July 1, 1991,
100% of the State  Sales  Tax  Increment  annually  generated
within  a  State  Sales Tax Boundary; and notwithstanding any
other provision of this  Act,  for  those  fiscal  years  the
Department    of    Revenue   shall   distribute   to   those
municipalities 100% of their Net State  Sales  Tax  Increment
before   any  distribution  to  any  other  municipality  and
regardless of whether or not those other municipalities  will
receive  100%  of  their  Net State Sales Tax Increment.  For
Fiscal Year 1999, and every year thereafter  until  the  year
2007,  for  any  municipality  that  has  not  entered into a
contract or has not issued bonds prior to  June  1,  1988  to
finance  redevelopment project costs within a State Sales Tax
Boundary,  the  Net  State  Sales  Tax  Increment  shall   be
calculated as follows: By multiplying the Net State Sales Tax
Increment  by  90%  in the State Fiscal Year 1999; 80% in the
State Fiscal Year 2000; 70% in the State  Fiscal  Year  2001;
60%  in  the  State Fiscal Year 2002; 50% in the State Fiscal
Year 2003; 40% in the State Fiscal  Year  2004;  30%  in  the
State  Fiscal  Year  2005; 20% in the State Fiscal Year 2006;
and 10% in the State Fiscal Year 2007. No  payment  shall  be
made for State Fiscal Year 2008 and thereafter.
    Municipalities  that  issued  bonds  in connection with a
redevelopment project in a redevelopment project area  within
the  State Sales Tax Boundary prior to July 29, 1991, or that
entered into contracts in  connection  with  a  redevelopment
project  in a redevelopment project area before June 1, 1988,
shall continue to receive their  proportional  share  of  the
Illinois  Tax  Increment  Fund distribution until the date on
which the redevelopment project is completed  or  terminated,
or  the  date on which the bonds are retired or the contracts
are completed, whichever date occurs first.  If,  however,  a
municipality   that   issued   bonds  in  connection  with  a
redevelopment project in a redevelopment project area  within
the  State  Sales Tax Boundary prior to July 29, 1991 retires
the bonds prior to June  30,  2007  or  a  municipality  that
entered  into  contracts  in  connection with a redevelopment
project in a redevelopment project area before June  1,  1988
completes  the contracts prior to June 30, 2007, then so long
as the redevelopment project  is  not  completed  or  is  not
terminated,  the  Net  State  Sales  Tax  Increment  shall be
calculated, beginning on the date  on  which  the  bonds  are
retired  or  the  contracts  are  completed,  as follows:  By
multiplying the Net State Sales Tax Increment by 60%  in  the
State  Fiscal  Year  2002; 50% in the State Fiscal Year 2003;
40% in the State Fiscal Year 2004; 30% in  the  State  Fiscal
Year  2005; 20% in the State Fiscal Year 2006; and 10% in the
State Fiscal Year 2007.  No payment shall be made  for  State
Fiscal  Year  2008  and  thereafter.  Refunding  of any bonds
issued prior to July 29, 1991, shall not alter the Net  State
Sales Tax Increment.
    (j)  "State Utility Tax Increment Amount" means an amount
equal to the aggregate increase in State electric and gas tax
charges imposed on owners and tenants, other than residential
customers,  of  properties  located  within the redevelopment
project area under Section 9-222 of the Public Utilities Act,
over and above the aggregate of such charges as certified  by
the  Department  of  Revenue  and paid by owners and tenants,
other than residential customers, of  properties  within  the
redevelopment  project area during the base year, which shall
be the calendar year immediately prior to  the  year  of  the
adoption   of   the   ordinance   authorizing  tax  increment
allocation financing.
    (k)  "Net State Utility Tax Increment" means the  sum  of
the following: (a) 80% of the first $100,000 of State Utility
Tax  Increment  annually generated by a redevelopment project
area; (b) 60% of the amount in excess  of  $100,000  but  not
exceeding   $500,000  of  the  State  Utility  Tax  Increment
annually generated by a redevelopment project area;  and  (c)
40% of all amounts in excess of $500,000 of State Utility Tax
Increment annually generated by a redevelopment project area.
For  the  State  Fiscal  Year 1999, and every year thereafter
until the year  2007,  for  any  municipality  that  has  not
entered into a contract or has not issued bonds prior to June
1,  1988  to  finance  redevelopment  project  costs within a
redevelopment  project  area,  the  Net  State  Utility   Tax
Increment  shall be calculated as follows: By multiplying the
Net State Utility Tax Increment by 90% in  the  State  Fiscal
Year  1999;  80%  in  the  State Fiscal Year 2000; 70% in the
State Fiscal Year 2001; 60% in the State  Fiscal  Year  2002;
50%  in  the  State Fiscal Year 2003; 40% in the State Fiscal
Year 2004; 30% in the State Fiscal  Year  2005;  20%  in  the
State  Fiscal  Year  2006;  and  10% in the State Fiscal Year
2007. No payment shall be made for the State Fiscal Year 2008
and thereafter.
    Municipalities that issue bonds in  connection  with  the
redevelopment  project  during  the  period from June 1, 1988
until 3 years after the effective date of this Amendatory Act
of 1988 shall receive the Net State  Utility  Tax  Increment,
subject to appropriation, for 15 State Fiscal Years after the
issuance  of such bonds.  For the 16th through the 20th State
Fiscal Years after issuance  of  the  bonds,  the  Net  State
Utility  Tax  Increment  shall  be  calculated as follows: By
multiplying the Net State Utility Tax  Increment  by  90%  in
year  16; 80% in year 17; 70% in year 18; 60% in year 19; and
50% in year 20. Refunding of any bonds issued prior  to  June
1,  1988,  shall  not alter the revised Net State Utility Tax
Increment payments set forth above.
    (l)  "Obligations" mean bonds, loans, debentures,  notes,
special certificates or other evidence of indebtedness issued
by  the  municipality to carry out a redevelopment project or
to refund outstanding obligations.
    (m)  "Payment in lieu of taxes" means those estimated tax
revenues from real property in a redevelopment  project  area
derived  from  real  property  that  has  been  acquired by a
municipality which according to the redevelopment project  or
plan  is  to be used for a private use which taxing districts
would have received had a municipality not acquired the  real
property  and  adopted tax increment allocation financing and
which would result from levies made after  the  time  of  the
adoption  of  tax  increment allocation financing to the time
the  current  equalized  value  of  real  property   in   the
redevelopment   project   area   exceeds  the  total  initial
equalized value of real property in said area.
    (n)  "Redevelopment plan" means the comprehensive program
of the municipality for development or redevelopment intended
by the payment of redevelopment project costs  to  reduce  or
eliminate  those  conditions the existence of which qualified
the redevelopment  project  area  as  a  "blighted  area"  or
"conservation  area"  or  combination  thereof or "industrial
park conservation area," and thereby to enhance the tax bases
of the taxing districts which extend into  the  redevelopment
project  area.   On and after November 1, 1999 (the effective
date of Public Act 91-478),  no  redevelopment  plan  may  be
approved  or  amended that includes the development of vacant
land (i) with a golf course and related clubhouse  and  other
facilities  or  (ii) designated by federal, State, county, or
municipal government as public land for outdoor  recreational
activities  or for nature preserves and used for that purpose
within 5 years prior to the  adoption  of  the  redevelopment
plan.   For  the   purpose  of this subsection, "recreational
activities" is limited to mean camping  and  hunting.    Each
redevelopment  plan shall set forth in writing the program to
be undertaken to accomplish the objectives  and shall include
but not be limited to:
         (A)  an itemized  list  of  estimated  redevelopment
    project costs;
         (B)  evidence   indicating  that  the  redevelopment
    project area on the whole has not been subject to  growth
    and development through investment by private enterprise;
         (C)  an  assessment  of  any financial impact of the
    redevelopment project area on or any increased demand for
    services from any taxing district affected  by  the  plan
    and  any  program  to  address  such  financial impact or
    increased demand;
         (D)  the sources of funds to pay costs;
         (E)  the nature and term of the  obligations  to  be
    issued;
         (F)  the most recent equalized assessed valuation of
    the redevelopment project area;
         (G)  an   estimate  as  to  the  equalized  assessed
    valuation after redevelopment and the general  land  uses
    to apply in the redevelopment project area;
         (H)  a  commitment  to fair employment practices and
    an affirmative action plan;
         (I)  if it concerns an industrial park  conservation
    area,  the  plan shall also include a general description
    of  any  proposed  developer,  user  and  tenant  of  any
    property,  a  description  of  the  type,  structure  and
    general character of the facilities to  be  developed,  a
    description   of  the  type,  class  and  number  of  new
    employees  to  be  employed  in  the  operation  of   the
    facilities to be developed; and
         (J)  if   property   is   to   be   annexed  to  the
    municipality, the plan shall include  the  terms  of  the
    annexation agreement.
    The  provisions  of  items (B) and (C) of this subsection
(n) shall not apply to a municipality that before  March  14,
1994  (the  effective  date  of Public Act 88-537) had fixed,
either by  its  corporate  authorities  or  by  a  commission
designated  under subsection (k) of Section 11-74.4-4, a time
and place for a public hearing as required by subsection  (a)
of  Section 11-74.4-5. No redevelopment plan shall be adopted
unless a municipality complies  with  all  of  the  following
requirements:
         (1)  The  municipality  finds that the redevelopment
    project area on the whole has not been subject to  growth
    and  development through investment by private enterprise
    and would not reasonably be anticipated to  be  developed
    without the adoption of the redevelopment plan.
         (2)  The  municipality  finds that the redevelopment
    plan and project conform to the  comprehensive  plan  for
    the  development  of the municipality as a whole, or, for
    municipalities with a  population  of  100,000  or  more,
    regardless of when the redevelopment plan and project was
    adopted,  the  redevelopment plan and project either: (i)
    conforms  to  the  strategic  economic   development   or
    redevelopment  plan  issued  by  the  designated planning
    authority of the municipality, or (ii) includes land uses
    that have been approved by the planning commission of the
    municipality.
         (3)  The   redevelopment   plan   establishes    the
    estimated   dates  of  completion  of  the  redevelopment
    project and retirement of obligations issued  to  finance
    redevelopment  project  costs.   Those dates shall 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 twenty-third
    calendar year after  the  year  in  which  the  ordinance
    approving  the  redevelopment  project area is adopted if
    the ordinance was adopted on or after January  15,  1981,
    and  not  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
    thirty-fifth  calendar  year  after the year in which the
    ordinance approving the  redevelopment  project  area  is
    adopted:
              (A)  if   the   ordinance  was  adopted  before
         January 15, 1981, or
              (B)  if the ordinance was adopted  in  December
         1983, April 1984, July 1985, or December 1989, or
              (C)  if  the  ordinance was adopted in December
         1987 and the redevelopment project is located within
         one mile of Midway Airport, or
              (D)  if  the  ordinance  was   adopted   before
         January  1,  1987 by a municipality in Mason County,
         or
              (E)  if the  municipality  is  subject  to  the
         Local  Government Financial Planning and Supervision
         Act or the Financially Distressed City Law, or
              (F)  if the ordinance was adopted  in  December
         1984 by the Village of Rosemont, or
              (G)  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, or
              (H)  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,
         or
              (I)  if  the  ordinance was adopted on November
         12, 1991 by the Village of Sauget, or
              (J)  if the ordinance was adopted  on  February
         11, 1985 by the City of Rock Island, or
              (K)  if   the   ordinance  was  adopted  before
         December 18, 1986 by the City of Moline, or
              (L)  if the ordinance was adopted in  September
         1988 by Sauk Village, or
              (M)  if  the  ordinance  was adopted in October
         1993 by Sauk Village, or
              (N)  if the ordinance was adopted  on  December
         29, 1986 by the City of Galva, or
              (O)  if the ordinance was adopted in March 1991
         by the City of Centreville.
         However,  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 may
    be  extended by municipal ordinance to December 31, 2013.
    The extension allowed by  this  amendatory  Act  of  1993
    shall not apply to real property tax increment allocation
    financing under Section 11-74.4-8.
         A  municipality  may by municipal ordinance amend an
    existing redevelopment plan to conform to this  paragraph
    (3)  as  amended  by  Public  Act 91-478, which municipal
    ordinance may  be  adopted  without  further  hearing  or
    notice and without complying with the procedures provided
    in  this Act pertaining to an amendment to or the initial
    approval  of  a  redevelopment  plan  and   project   and
    designation of a redevelopment project area.
         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.
         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.
         (3.5)  The municipality finds, in  the  case  of  an
    industrial   park   conservation   area,  also  that  the
    municipality is a labor surplus municipality and that the
    implementation of  the  redevelopment  plan  will  reduce
    unemployment, create new jobs and by the provision of new
    facilities  enhance  the tax base of the taxing districts
    that extend into the redevelopment project area.
         (4)  If any incremental revenues are being  utilized
    under   Section   8(a)(1)  or  8(a)(2)  of  this  Act  in
    redevelopment project areas approved by  ordinance  after
    January  1,  1986,  the  municipality finds: (a) that the
    redevelopment  project  area  would  not  reasonably   be
    developed  without  the use of such incremental revenues,
    and  (b)  that  such   incremental   revenues   will   be
    exclusively   utilized   for   the   development  of  the
    redevelopment project area.
         (5)  On  and  after  November  1,   1999,   if   the
    redevelopment  plan will not result in displacement of 10
    or  more  residents  from  inhabited   units,   and   the
    municipality certifies in the plan that such displacement
    will  not  result  from  the plan, a housing impact study
    need not be performed.  If,  however,  the  redevelopment
    plan  would  result in the displacement of residents from
    10  or  more  inhabited  residential  units,  or  if  the
    redevelopment project area contains 75 or more  inhabited
    residential  units and no certification is made, then the
    municipality shall  prepare,  as  part  of  the  separate
    feasibility  report required by subsection (a) of Section
    11-74.4-5, a housing impact study.
         Part I of the housing impact study shall include (i)
    data as to  whether  the  residential  units  are  single
    family or multi-family units, (ii) the number and type of
    rooms within the units, if that information is available,
    (iii)  whether the units are inhabited or uninhabited, as
    determined not less than 45 days before the date that the
    ordinance or resolution required  by  subsection  (a)  of
    Section  11-74.4-5  is  passed,  and  (iv) data as to the
    racial and ethnic composition of  the  residents  in  the
    inhabited  residential units.  The data requirement as to
    the racial and ethnic composition of the residents in the
    inhabited residential units shall be deemed to  be  fully
    satisfied by data from the most recent federal census.
         Part  II  of the housing impact study shall identify
    the  inhabited  residential   units   in   the   proposed
    redevelopment  project  area  that  are  to  be or may be
    removed.   If  inhabited  residential  units  are  to  be
    removed, then the housing impact study shall identify (i)
    the number and location of those units that will  or  may
    be  removed, (ii) the municipality's plans for relocation
    assistance  for   those   residents   in   the   proposed
    redevelopment  project  area  whose  residences are to be
    removed, (iii) the availability  of  replacement  housing
    for  those  residents whose residences are to be removed,
    and shall identify the type, location, and  cost  of  the
    housing,  and  (iv)  the  type  and  extent of relocation
    assistance to be provided.
         (6)  On and after  November  1,  1999,  the  housing
    impact   study   required   by  paragraph  (5)  shall  be
    incorporated  in   the   redevelopment   plan   for   the
    redevelopment project area.
         (7)  On and after November 1, 1999, no redevelopment
    plan  shall be adopted, nor an existing plan amended, nor
    shall residential housing that is occupied by  households
    of  low-income  and  very low-income persons in currently
    existing redevelopment project  areas  be  removed  after
    November  1, 1999 unless the redevelopment plan provides,
    with respect to inhabited housing units that  are  to  be
    removed  for households of low-income and very low-income
    persons, affordable housing and relocation assistance not
    less than that which would be provided under the  federal
    Uniform   Relocation   Assistance   and   Real   Property
    Acquisition  Policies  Act  of  1970  and the regulations
    under  that  Act,  including  the  eligibility  criteria.
    Affordable  housing  may  be  either  existing  or  newly
    constructed housing. For purposes of this paragraph  (7),
    "low-income  households",  "very  low-income households",
    and "affordable housing" have the meanings set  forth  in
    the  Illinois  Affordable  Housing  Act. The municipality
    shall make a  good  faith  effort  to  ensure  that  this
    affordable   housing   is   located   in   or   near  the
    redevelopment project area within the municipality.
         (8)  On and after November 1, 1999,  if,  after  the
    adoption  of the redevelopment plan for the redevelopment
    project area,  any  municipality  desires  to  amend  its
    redevelopment  plan  to remove more inhabited residential
    units than specified in its original redevelopment  plan,
    that  increase in the number of units to be removed shall
    be  deemed  to  be  a  change  in  the  nature   of   the
    redevelopment  plan  as  to  require  compliance with the
    procedures in this Act pertaining to the initial approval
    of a redevelopment plan.
         (9)  For  redevelopment  project  areas   designated
    prior  to November 1, 1999, the redevelopment plan may be
    amended without further joint  review  board  meeting  or
    hearing, provided that the municipality shall give notice
    of  any  such  changes  by  mail  to each affected taxing
    district and registrant on the interested party registry,
    to authorize the municipality  to  expend  tax  increment
    revenues  for  redevelopment  project  costs  defined  by
    paragraphs  (5)  and  (7.5), subparagraphs (E) and (F) of
    paragraph (11), and paragraph (11.5) of subsection (q) of
    Section 11-74.4-3, so long as the changes do not increase
    the total estimated redevelopment project costs  set  out
    in   the   redevelopment  plan  by  more  than  5%  after
    adjustment for inflation  from  the  date  the  plan  was
    adopted.
    (o)  "Redevelopment project" means any public and private
development  project  in  furtherance  of the objectives of a
redevelopment plan.  On  and  after  November  1,  1999  (the
effective  date  of Public Act 91-478), no redevelopment plan
may be approved or amended that includes the  development  of
vacant  land (i) with a golf course and related clubhouse and
other  facilities  or  (ii)  designated  by  federal,  State,
county, or municipal government as public  land  for  outdoor
recreational  activities or for nature preserves and used for
that purpose within 5 years prior  to  the  adoption  of  the
redevelopment  plan.   For  the   purpose of this subsection,
"recreational activities" is  limited  to  mean  camping  and
hunting.
    (p)  "Redevelopment   project   area"   means   an   area
designated  by  the  municipality,  which  is not less in the
aggregate than 1 1/2  acres  and  in  respect  to  which  the
municipality  has  made a finding that there exist conditions
which cause the area to be classified as an  industrial  park
conservation  area or a blighted area or a conservation area,
or a combination of  both  blighted  areas  and  conservation
areas.
    (q)  "Redevelopment  project  costs" mean and include the
sum total of all reasonable or necessary  costs  incurred  or
estimated  to be incurred, and any such costs incidental to a
redevelopment plan and a redevelopment project.   Such  costs
include, without limitation, the following:
         (1)  Costs   of  studies,  surveys,  development  of
    plans,    and    specifications,    implementation    and
    administration of the redevelopment  plan  including  but
    not  limited  to staff and professional service costs for
    architectural, engineering, legal, financial, planning or
    other services, provided  however  that  no  charges  for
    professional services may be based on a percentage of the
    tax   increment  collected;  except  that  on  and  after
    November 1,  1999  (the  effective  date  of  Public  Act
    91-478),   no   contracts   for   professional  services,
    excluding architectural and engineering services, may  be
    entered into if the terms of the contract extend beyond a
    period  of  3 years.  In addition, "redevelopment project
    costs"  shall  not  include  lobbying  expenses.    After
    consultation with the municipality,  each  tax  increment
    consultant  or  advisor  to  a municipality that plans to
    designate or has designated a redevelopment project  area
    shall inform the municipality in writing of any contracts
    that  the  consultant  or  advisor  has entered into with
    entities  or  individuals  that  have  received,  or  are
    receiving, payments financed by  tax  increment  revenues
    produced  by  the redevelopment project area with respect
    to which the consultant or advisor has performed, or will
    be  performing,  service  for  the  municipality.    This
    requirement  shall  be  satisfied  by  the  consultant or
    advisor before  the  commencement  of  services  for  the
    municipality  and thereafter whenever any other contracts
    with those individuals or entities are  executed  by  the
    consultant or advisor;
         (1.5)  After  July  1,  1999,  annual administrative
    costs   shall   not   include   general    overhead    or
    administrative costs of the municipality that would still
    have   been   incurred   by   the   municipality  if  the
    municipality had not designated a  redevelopment  project
    area or approved a redevelopment plan;
         (1.6)  The   cost  of  marketing  sites  within  the
    redevelopment project  area  to  prospective  businesses,
    developers, and investors;
         (2)  Property  assembly  costs,  including  but  not
    limited  to  acquisition of land and other property, real
    or personal, or rights or interests  therein,  demolition
    of  buildings,  site  preparation, site improvements that
    serve as an engineered barrier addressing ground level or
    below ground environmental contamination, including,  but
    not limited to parking lots and other concrete or asphalt
    barriers, and the clearing and grading of land;
         (3)  Costs   of  rehabilitation,  reconstruction  or
    repair  or  remodeling  of  existing  public  or  private
    buildings, fixtures, and leasehold improvements; and  the
    cost of replacing an existing public building if pursuant
    to  the  implementation  of  a  redevelopment project the
    existing public building is to be demolished to  use  the
    site for private investment or devoted to a different use
    requiring private investment;
         (4)  Costs  of  the  construction of public works or
    improvements, except that on and after November 1,  1999,
    redevelopment project costs shall not include the cost of
    constructing  a new municipal public building principally
    used to provide offices,  storage  space,  or  conference
    facilities or vehicle storage, maintenance, or repair for
    administrative,  public safety, or public works personnel
    and that is not intended to replace  an  existing  public
    building  as  provided  under paragraph (3) of subsection
    (q)  of  Section  11-74.4-3   unless   either   (i)   the
    construction  of  the new municipal building implements a
    redevelopment   project   that   was   included   in    a
    redevelopment  plan  that was adopted by the municipality
    prior to November 1, 1999 or (ii) the municipality  makes
    a  reasonable  determination  in  the redevelopment plan,
    supported by information that provides the basis for that
    determination,  that  the  new  municipal   building   is
    required  to  meet  an  increase  in  the need for public
    safety  purposes   anticipated   to   result   from   the
    implementation of the redevelopment plan;
         (5)  Costs  of job training and retraining projects,
    including  the  cost  of  "welfare  to   work"   programs
    implemented    by    businesses    located   within   the
    redevelopment project area;
         (6)  Financing costs, including but not  limited  to
    all  necessary  and  incidental  expenses  related to the
    issuance of obligations and which may include payment  of
    interest  on  any  obligations issued hereunder including
    interest  accruing  during  the   estimated   period   of
    construction  of any redevelopment project for which such
    obligations are issued and for not  exceeding  36  months
    thereafter  and  including  reasonable  reserves  related
    thereto;
         (7)  To  the  extent  the  municipality  by  written
    agreement accepts and approves the same, all or a portion
    of  a  taxing district's capital costs resulting from the
    redevelopment  project  necessarily  incurred  or  to  be
    incurred within a taxing district in furtherance  of  the
    objectives of the redevelopment plan and project.
         (7.5)  For  redevelopment  project  areas designated
    (or  redevelopment  project  areas  amended  to  add   or
    increase  the  number of tax-increment-financing assisted
    housing  units)  on  or  after  November  1,   1999,   an
    elementary,   secondary,   or   unit   school  district's
    increased costs attributable to  assisted  housing  units
    located  within  the redevelopment project area for which
    the   developer   or   redeveloper   receives   financial
    assistance through an agreement with the municipality  or
    because  the  municipality  incurs  the cost of necessary
    infrastructure improvements within the boundaries of  the
    assisted  housing  sites  necessary for the completion of
    that housing as authorized by this Act, and  which  costs
    shall  be  paid  by the municipality from the Special Tax
    Allocation  Fund  when  the  tax  increment  revenue   is
    received  as  a  result of the assisted housing units and
    shall be calculated annually as follows:
              (A)  for foundation  districts,  excluding  any
         school  district in a municipality with a population
         in  excess  of   1,000,000,   by   multiplying   the
         district's increase in attendance resulting from the
         net increase in new students enrolled in that school
         district  who  reside  in  housing  units within the
         redevelopment  project  area  that   have   received
         financial  assistance  through an agreement with the
         municipality or because the municipality incurs  the
         cost of necessary infrastructure improvements within
         the  boundaries  of  the housing sites necessary for
         the completion of that housing as authorized by this
         Act  since  the  designation  of  the  redevelopment
         project area by  the  most  recently  available  per
         capita  tuition cost as defined in Section 10-20.12a
         of the School Code  less  any  increase  in  general
         State  aid  as  defined  in  Section  18-8.05 of the
         School Code attributable to these added new students
         subject to the following annual limitations:
                   (i)  for  unit  school  districts  with  a
              district average  1995-96  Per  Capita  Tuition
              Charge of less than $5,900, no more than 25% of
              the  total  amount  of  property  tax increment
              revenue produced by those  housing  units  that
              have  received tax increment finance assistance
              under this Act;
                   (ii)  for elementary school districts with
              a district average 1995-96 Per  Capita  Tuition
              Charge of less than $5,900, no more than 17% of
              the  total  amount  of  property  tax increment
              revenue produced by those  housing  units  that
              have  received tax increment finance assistance
              under this Act; and
                   (iii)  for secondary school districts with
              a district average 1995-96 Per  Capita  Tuition
              Charge  of less than $5,900, no more than 8% of
              the total  amount  of  property  tax  increment
              revenue  produced  by  those housing units that
              have received tax increment finance  assistance
              under this Act.
              (B)  For alternate method districts, flat grant
         districts,  and foundation districts with a district
         average 1995-96 Per Capita Tuition Charge  equal  to
         or  more  than $5,900, excluding any school district
         with  a  population  in  excess  of  1,000,000,   by
         multiplying  the  district's  increase in attendance
         resulting from the  net  increase  in  new  students
         enrolled  in  that  school  district  who  reside in
         housing units within the redevelopment project  area
         that  have  received financial assistance through an
         agreement  with  the  municipality  or  because  the
         municipality   incurs   the   cost   of    necessary
         infrastructure improvements within the boundaries of
         the  housing  sites  necessary for the completion of
         that housing as authorized by  this  Act  since  the
         designation of the redevelopment project area by the
         most  recently  available per capita tuition cost as
         defined in Section 10-20.12a of the School Code less
         any increase in general  state  aid  as  defined  in
         Section  18-8.05  of the School Code attributable to
         these added new students subject  to  the  following
         annual limitations:
                   (i)  for  unit  school  districts, no more
              than 40% of the total amount  of  property  tax
              increment  revenue  produced  by  those housing
              units that have received tax increment  finance
              assistance under this Act;
                   (ii)  for  elementary school districts, no
              more than 27% of the total amount  of  property
              tax increment revenue produced by those housing
              units  that have received tax increment finance
              assistance under this Act; and
                   (iii)  for secondary school districts,  no
              more  than  13% of the total amount of property
              tax increment revenue produced by those housing
              units that have received tax increment  finance
              assistance under this Act.
              (C)  For  any school district in a municipality
         with  a  population  in  excess  of  1,000,000,  the
         following   restrictions   shall   apply   to    the
         reimbursement   of   increased   costs   under  this
         paragraph (7.5):
                   (i)  no   increased   costs    shall    be
              reimbursed unless the school district certifies
              that  each  of  the  schools  affected  by  the
              assisted  housing  project  is  at  or over its
              student capacity;
                   (ii)  the amount  reimburseable  shall  be
              reduced by the value of any land donated to the
              school   district   by   the   municipality  or
              developer, and by the  value  of  any  physical
              improvements   made   to  the  schools  by  the
              municipality or developer; and
                   (iii)  the  amount  reimbursed   may   not
              affect amounts otherwise obligated by the terms
              of   any   bonds,   notes,   or  other  funding
              instruments, or the terms of any  redevelopment
              agreement.
         Any  school  district  seeking  payment  under  this
         paragraph  (7.5)  shall,  after  July  1  and before
         September 30 of each year, provide the  municipality
         with  reasonable  evidence  to support its claim for
         reimbursement  before  the  municipality  shall   be
         required  to  approve  or  make  the  payment to the
         school district.  If the school  district  fails  to
         provide  the  information  during this period in any
         year, it shall forfeit any  claim  to  reimbursement
         for   that  year.   School  districts  may  adopt  a
         resolution waiving the right to all or a portion  of
         the   reimbursement   otherwise   required  by  this
         paragraph   (7.5).    By    acceptance    of    this
         reimbursement  the  school district waives the right
         to directly or  indirectly  set  aside,  modify,  or
         contest  in  any  manner  the  establishment  of the
         redevelopment project area or projects;
         (8)  Relocation  costs  to   the   extent   that   a
    municipality  determines  that  relocation costs shall be
    paid or is required to make payment of  relocation  costs
    by   federal   or  State  law  or  in  order  to  satisfy
    subparagraph (7) of subsection (n);
         (9)  Payment in lieu of taxes;
         (10)  Costs of job  training,  retraining,  advanced
    vocational  education  or career education, including but
    not limited to courses in occupational, semi-technical or
    technical fields leading directly to employment, incurred
    by one or more taxing districts, provided that such costs
    (i) are related to the establishment and  maintenance  of
    additional job training, advanced vocational education or
    career  education  programs for persons employed or to be
    employed by employers located in a redevelopment  project
    area;  and  (ii)  when  incurred  by a taxing district or
    taxing districts other than  the  municipality,  are  set
    forth in a written agreement by or among the municipality
    and  the  taxing  district  or  taxing  districts,  which
    agreement   describes   the  program  to  be  undertaken,
    including but not limited to the number of  employees  to
    be trained, a description of the training and services to
    be  provided,  the number and type of positions available
    or to be available, itemized costs  of  the  program  and
    sources of funds to pay for the same, and the term of the
    agreement.  Such costs include, specifically, the payment
    by community  college  districts  of  costs  pursuant  to
    Sections  3-37,  3-38,  3-40  and  3-40.1  of  the Public
    Community College Act and by school  districts  of  costs
    pursuant to Sections 10-22.20a and 10-23.3a of The School
    Code;
         (11)  Interest   cost   incurred  by  a  redeveloper
    related to the construction, renovation or rehabilitation
    of a redevelopment project provided that:
              (A)  such costs are to be  paid  directly  from
         the special tax allocation fund established pursuant
         to this Act;
              (B)  such  payments  in  any  one  year may not
         exceed 30% of the annual interest costs incurred  by
         the  redeveloper  with  regard  to the redevelopment
         project during that year;
              (C)  if  there   are   not   sufficient   funds
         available in the special tax allocation fund to make
         the payment pursuant to this paragraph (11) then the
         amounts  so  due  shall  accrue  and be payable when
         sufficient funds are available in  the  special  tax
         allocation fund;
              (D)  the  total  of such interest payments paid
         pursuant to this Act may not exceed 30% of the total
         (i) cost paid or incurred by the redeveloper for the
         redevelopment  project   plus   (ii)   redevelopment
         project  costs excluding any property assembly costs
         and any relocation costs incurred by a  municipality
         pursuant to this Act; and
              (E)  the cost limits set forth in subparagraphs
         (B)  and (D) of paragraph (11) shall be modified for
         the financing of rehabilitated or new housing  units
         for   low-income   households  and  very  low-income
         households, as defined in Section 3 of the  Illinois
         Affordable Housing Act.  The percentage of 75% shall
         be  substituted for 30% in subparagraphs (B) and (D)
         of paragraph (11).
              (F)  Instead of the eligible costs provided  by
         subparagraphs  (B)  and  (D)  of  paragraph (11), as
         modified by this subparagraph,  and  notwithstanding
         any  other  provisions  of this Act to the contrary,
         the municipality may pay from tax increment revenues
         up to 50% of the cost of construction of new housing
         units to be occupied by  low-income  households  and
         very  low-income  households as defined in Section 3
         of the Illinois Affordable Housing Act.  The cost of
         construction of those units may be derived from  the
         proceeds  of  bonds issued by the municipality under
         this  Act  or  other  constitutional  or   statutory
         authority or from other sources of municipal revenue
         that  may  be reimbursed from tax increment revenues
         or the proceeds  of  bonds  issued  to  finance  the
         construction of that housing.
              The   eligible   costs   provided   under  this
         subparagraph (F)  of  paragraph  (11)  shall  be  an
         eligible  cost for the construction, renovation, and
         rehabilitation  of  all  low  and  very   low-income
         housing  units,  as  defined  in  Section  3  of the
         Illinois  Affordable   Housing   Act,   within   the
         redevelopment  project  area.   If  the low and very
         low-income  units  are   part   of   a   residential
         redevelopment   project   that  includes  units  not
         affordable to low and  very  low-income  households,
         only  the  low  and  very  low-income units shall be
         eligible for  benefits  under  subparagraph  (F)  of
         paragraph  (11).   The standards for maintaining the
         occupancy  by   low-income   households   and   very
         low-income  households,  as  defined in Section 3 of
         the Illinois Affordable Housing Act, of those  units
         constructed with eligible costs made available under
         the provisions of this subparagraph (F) of paragraph
         (11)  shall  be established by guidelines adopted by
         the municipality.  The responsibility  for  annually
         documenting  the  initial  occupancy of the units by
         low-income   households    and    very    low-income
         households,  as defined in Section 3 of the Illinois
         Affordable Housing Act, shall be that  of  the  then
         current owner of the property.  For ownership units,
         the  guidelines  will  provide,  at a minimum, for a
         reasonable recapture of funds, or other  appropriate
         methods    designed   to   preserve   the   original
         affordability of the ownership  units.   For  rental
         units,  the  guidelines  will provide, at a minimum,
         for the  affordability  of  rent  to  low  and  very
         low-income  households.   As units become available,
         they shall be  rented  to  income-eligible  tenants.
         The  municipality  may  modify these guidelines from
         time to time; the guidelines, however, shall  be  in
         effect for as long as tax increment revenue is being
         used  to  pay for costs associated with the units or
         for the retirement of bonds issued  to  finance  the
         units  or  for the life of the redevelopment project
         area, whichever is later.
         (11.5)  If the redevelopment project area is located
    within a municipality with  a  population  of  more  than
    100,000,  the  cost  of day care services for children of
    employees from low-income families working for businesses
    located within the redevelopment project area and all  or
    a  portion  of  the cost of operation of day care centers
    established by redevelopment project area  businesses  to
    serve  employees  from  low-income  families  working  in
    businesses  located  in  the  redevelopment project area.
    For the purposes of this paragraph, "low-income families"
    means families whose annual income does not exceed 80% of
    the  municipal,  county,  or  regional   median   income,
    adjusted  for  family  size,  as  the  annual  income and
    municipal,  county,  or  regional   median   income   are
    determined  from  time  to  time  by  the  United  States
    Department of Housing and Urban Development.
         (12)  Unless  explicitly  stated  herein the cost of
    construction of new privately-owned buildings  shall  not
    be an eligible redevelopment project cost.
         (13)  After  November 1, 1999 (the effective date of
    Public Act 91-478), none  of  the  redevelopment  project
    costs  enumerated  in  this  subsection shall be eligible
    redevelopment project costs if those costs would  provide
    direct  financial  support  to a retail entity initiating
    operations  in  the  redevelopment  project  area   while
    terminating   operations  at  another  Illinois  location
    within 10 miles of the  redevelopment  project  area  but
    outside  the boundaries of the redevelopment project area
    municipality.    For   purposes   of   this    paragraph,
    termination means a closing of a retail operation that is
    directly  related to the opening of the same operation or
    like retail entity owned or operated by more than 50%  of
    the  original  ownership in a redevelopment project area,
    but it does not mean closing  an  operation  for  reasons
    beyond the control of the retail entity, as documented by
    the retail entity, subject to a reasonable finding by the
    municipality   that   the   current   location  contained
    inadequate space, had become  economically  obsolete,  or
    was  no  longer  a  viable  location  for the retailer or
    serviceman.
    If a special service area has been  established  pursuant
to  the  Special Service Area Tax Act or Special Service Area
Tax Law, then any tax increment revenues derived from the tax
imposed pursuant to the  Special  Service  Area  Tax  Act  or
Special   Service  Area  Tax  Law  may  be  used  within  the
redevelopment project area for the purposes permitted by that
Act or Law as well as the purposes permitted by this Act.
    (r)  "State Sales Tax Boundary" means  the  redevelopment
project  area  or  the  amended  redevelopment  project  area
boundaries which are determined pursuant to subsection (9) of
Section  11-74.4-8a  of  this Act.  The Department of Revenue
shall  certify  pursuant  to  subsection   (9)   of   Section
11-74.4-8a   the  appropriate  boundaries  eligible  for  the
determination of State Sales Tax Increment.
    (s)  "State Sales Tax Increment" means an amount equal to
the increase  in  the  aggregate  amount  of  taxes  paid  by
retailers and servicemen, other than retailers and servicemen
subject  to  the  Public  Utilities  Act,  on transactions at
places of business located within a State Sales Tax  Boundary
pursuant  to  the  Retailers' Occupation Tax Act, the Use Tax
Act, the Service Use Tax Act, and the Service Occupation  Tax
Act,  except  such portion of such increase that is paid into
the  State  and  Local  Sales  Tax  Reform  Fund,  the  Local
Government  Distributive  Fund,  the   Local  Government  Tax
Fund  and  the  County and Mass Transit District Fund, for as
long as  State  participation  exists,  over  and  above  the
Initial Sales Tax Amounts, Adjusted Initial Sales Tax Amounts
or  the  Revised  Initial Sales Tax Amounts for such taxes as
certified by the Department of Revenue and paid  under  those
Acts by retailers and servicemen on transactions at places of
business  located  within the State Sales Tax Boundary during
the base year which shall be the  calendar  year  immediately
prior  to  the  year  in  which  the municipality adopted tax
increment allocation financing, less  3.0%  of  such  amounts
generated  under  the  Retailers' Occupation Tax Act, Use Tax
Act and Service Use Tax Act and the  Service  Occupation  Tax
Act,  which  sum  shall  be appropriated to the Department of
Revenue to cover its costs  of  administering  and  enforcing
this  Section. For purposes of computing the aggregate amount
of such taxes for base years occurring  prior  to  1985,  the
Department  of  Revenue  shall  compute the Initial Sales Tax
Amount for such taxes and deduct therefrom an amount equal to
4% of the aggregate amount of taxes per year  for  each  year
the  base  year  is  prior to 1985, but not to exceed a total
deduction of 12%.  The amount so determined shall be known as
the "Adjusted Initial Sales  Tax  Amount".  For  purposes  of
determining  the  State Sales Tax Increment the Department of
Revenue shall for each period subtract from the  tax  amounts
received   from  retailers  and  servicemen  on  transactions
located in  the  State  Sales  Tax  Boundary,  the  certified
Initial Sales Tax Amounts, Adjusted Initial Sales Tax Amounts
or  Revised  Initial  Sales  Tax  Amounts  for the Retailers'
Occupation Tax Act, the Use Tax Act, the Service Use Tax  Act
and  the  Service  Occupation  Tax Act.  For the State Fiscal
Year 1989 this calculation shall be  made  by  utilizing  the
calendar year 1987 to determine the tax amounts received. For
the State Fiscal Year 1990, this calculation shall be made by
utilizing  the  period  from January 1, 1988, until September
30,  1988,  to  determine  the  tax  amounts  received   from
retailers and servicemen, which shall have deducted therefrom
nine-twelfths  of  the  certified  Initial Sales Tax Amounts,
Adjusted Initial Sales Tax Amounts  or  the  Revised  Initial
Sales  Tax  Amounts as appropriate. For the State Fiscal Year
1991, this calculation shall be made by utilizing the  period
from  October  1, 1988, until June 30, 1989, to determine the
tax amounts received from  retailers  and  servicemen,  which
shall  have deducted therefrom nine-twelfths of the certified
Initial State Sales Tax Amounts, Adjusted Initial  Sales  Tax
Amounts   or   the  Revised  Initial  Sales  Tax  Amounts  as
appropriate. For every  State  Fiscal  Year  thereafter,  the
applicable period shall be the 12 months beginning July 1 and
ending  on  June  30,  to  determine the tax amounts received
which shall have deducted  therefrom  the  certified  Initial
Sales  Tax Amounts, Adjusted Initial Sales Tax Amounts or the
Revised Initial Sales Tax Amounts.  Municipalities  intending
to  receive  a distribution of State Sales Tax Increment must
report a list of retailers to the Department  of  Revenue  by
October 31, 1988 and by July 31, of each year thereafter.
    (t)  "Taxing districts" means counties, townships, cities
and  incorporated  towns  and  villages,  school, road, park,
sanitary, mosquito abatement, forest preserve, public health,
fire protection, river conservancy,  tuberculosis  sanitarium
and  any  other  municipal corporations or districts with the
power to levy taxes.
    (u)  "Taxing districts' capital costs" means those  costs
of  taxing  districts for capital improvements that are found
by the municipal corporate authorities to  be  necessary  and
directly result from the redevelopment project.
    (v)  As  used  in  subsection (a) of Section 11-74.4-3 of
this Act, "vacant land" means any  parcel or  combination  of
parcels  of real property without industrial, commercial, and
residential buildings which has not been used for  commercial
agricultural purposes within 5 years prior to the designation
of  the  redevelopment  project  area,  unless  the parcel is
included in an  industrial  park  conservation  area  or  the
parcel  has  been subdivided; provided that if the parcel was
part of a larger tract that has been divided into 3  or  more
smaller  tracts  that  were accepted for recording during the
period from 1950 to 1990, then the parcel shall be deemed  to
have  been subdivided, and all proceedings and actions of the
municipality taken in that connection  with  respect  to  any
previously  approved or designated redevelopment project area
or amended redevelopment project area  are  hereby  validated
and hereby declared to be legally sufficient for all purposes
of  this  Act. For purposes of this Section and only for land
subject to the subdivision requirements of the Plat Act, land
is  subdivided  when  the  original  plat  of  the   proposed
Redevelopment  Project  Area  or relevant portion thereof has
been properly certified, acknowledged, approved, and recorded
or filed in accordance with the Plat Act  and  a  preliminary
plat,  if  any,  for  any  subsequent  phases of the proposed
Redevelopment Project Area or relevant  portion  thereof  has
been  properly  approved  and  filed  in  accordance with the
applicable ordinance of the municipality.
    (w)  "Annual Total  Increment"  means  the  sum  of  each
municipality's  annual  Net  Sales  Tax  Increment  and  each
municipality's  annual  Net Utility Tax Increment.  The ratio
of the Annual Total Increment of  each  municipality  to  the
Annual  Total  Increment  for  all  municipalities,  as  most
recently  calculated  by  the Department, shall determine the
proportional shares of the Illinois Tax Increment Fund to  be
distributed to each municipality.
(Source: P.A.  90-379,  eff.  8-14-97;  91-261, eff. 7-23-99;
91-477, eff. 8-11-99;  91-478,  eff.  11-1-99;  91-642,  eff.
8-20-99; 91-763, eff. 6-9-00)

    (65 ILCS 5/11-74.4-4.1)
    Sec. 11-74.4-4.1. Feasibility study.
    (a)  If  a  municipality by its corporate authorities, or
as it  may  determine  by  any  commission  designated  under
subsection  (k)  of Section 11-74.4-4, adopts an ordinance or
resolution  providing  for  a  feasibility   study   on   the
designation  of  an  area  as a redevelopment project area, a
copy of the ordinance or resolution shall immediately be sent
to all  taxing  districts  that  would  be  affected  by  the
designation.
    On and after the effective date of this amendatory Act of
the  91st General Assembly, the ordinance or resolution shall
include:
         (1)  The boundaries of the area to  be  studied  for
    possible designation as a redevelopment project area.
         (2)  The   purpose   or  purposes  of  the  proposed
    redevelopment plan and project.
         (3)  A  general   description   of   tax   increment
    allocation financing under this Act.
         (4)  The  name,  phone  number,  and  address of the
    municipal officer who can  be  contacted  for  additional
    information about the proposed redevelopment project area
    and  who  should  receive  all  comments  and suggestions
    regarding the redevelopment of the area to be studied.
    (b)  If one of the purposes of the planned  redevelopment
project  area  should reasonably be expected to result in the
displacement  of  residents  from  10   or   more   inhabited
residential  units, the municipality shall adopt a resolution
or ordinance providing for the feasibility study described in
subsection (a).   The  ordinance  or  resolution  shall  also
require that the feasibility study include the preparation of
the  housing  impact  study  set  forth  in  paragraph (5) of
subsection (n) of Section  11-74.4-3.  If  the  redevelopment
plan  will not result in displacement of 10 or more residents
from inhabited units, and the municipality certifies  in  the
plan  that  such  displacement will not result from the plan,
then a resolution or ordinance need not be adopted.
(Source: P.A. 91-478, eff. 11-1-99.)
    (65 ILCS 5/11-74.4-5) (from Ch. 24, par. 11-74.4-5)
    Sec. 11-74.4-5. (a)  The changes made by this  amendatory
Act   of  the  91st  General  Assembly  do  not  apply  to  a
municipality that, (i) before  the  effective  date  of  this
amendatory  Act  of the 91st General Assembly, has adopted an
ordinance or resolution fixing a time and place for a  public
hearing  under  this Section or (ii) before July 1, 1999, has
adopted  an  ordinance  or   resolution   providing   for   a
feasibility  study under Section 11-74.4-4.1, but has not yet
adopted  an  ordinance  approving  redevelopment  plans   and
redevelopment  projects  or designating redevelopment project
areas under Section 11-74.4-4, until after that  municipality
adopts   an   ordinance  approving  redevelopment  plans  and
redevelopment projects or designating  redevelopment  project
areas under Section 11-74.4-4; thereafter the changes made by
this amendatory Act of the 91st General Assembly apply to the
same  extent  that  they  apply  to  redevelopment  plans and
redevelopment projects that were approved  and  redevelopment
projects  that  were  designated before the effective date of
this amendatory Act of the 91st General Assembly.
    Prior to the  adoption  of  an  ordinance  proposing  the
designation  of  a redevelopment project area, or approving a
redevelopment plan or redevelopment project, the municipality
by its corporate authorities, or as it may determine  by  any
commission   designated   under  subsection  (k)  of  Section
11-74.4-4 shall adopt an ordinance  or  resolution  fixing  a
time  and place for public hearing. At least 10 days prior to
the adoption of the ordinance or resolution establishing  the
time and place for the public hearing, the municipality shall
make  available for public inspection a redevelopment plan or
a separate report that  provides  in  reasonable  detail  the
basis  for the eligibility of the redevelopment project area.
The report along with the name of a  person  to  contact  for
further  information  shall  be sent within a reasonable time
after the adoption of such ordinance  or  resolution  to  the
affected taxing districts by certified mail. On and after the
effective  date  of  this  amendatory Act of the 91st General
Assembly, the municipality shall  print  in  a  newspaper  of
general  circulation  within  the  municipality a notice that
interested persons may  register  with  the  municipality  in
order to receive information on the proposed designation of a
redevelopment project area or the approval of a redevelopment
plan.   The  notice shall state the place of registration and
the operating hours of that place.   The  municipality  shall
have  adopted reasonable rules to implement this registration
process under Section  11-74.4-4.2.  The  municipality  shall
provide  notice of the availability of the redevelopment plan
and  eligibility  report,  including  how  to   obtain   this
information,  by  mail  within  a  reasonable  time after the
adoption of the ordinance or resolution, to  all  residential
addresses  that,  after a good faith effort, the municipality
determines are located within 750 feet of the  boundaries  of
the proposed redevelopment project area.  This requirement is
subject  to  the  limitation  that  in  a municipality with a
population  of  over  100,000,  if  the   total   number   of
residential  addresses  within  750 feet of the boundaries of
the proposed redevelopment  project  area  exceeds  750,  the
municipality  shall be required to provide the notice to only
the 750  residential  addresses  that,  after  a  good  faith
effort,  the  municipality  determines  are  closest  to  the
boundaries  of the proposed redevelopment  project area.  The
notice shall also be provided by the municipality, regardless
of its population, to those organizations and residents  that
have registered with the municipality for that information in
accordance  with  the  registration guidelines established by
the municipality under Section  11-74.4-4.2.  Notice  of  the
availability   of  the  redevelopment  plan  and  eligibility
report, including how to obtain this information, shall  also
be  sent  by mail within a reasonable time after the adoption
of the ordinance or resolution to all  residents  within  the
postal  zip  code area or areas contained in whole or in part
within   the   proposed   redevelopment   project   area   or
organizations that operate  in  the  municipality  that  have
registered  with  the  municipality  for  that information in
accordance with the registration  guidelines  established  by
the municipality under Section 11-74.4-4.2.
    At  the  public hearing any interested person or affected
taxing district may file with  the  municipal  clerk  written
objections  to  and  may  be  heard  orally in respect to any
issues embodied in the notice.  The municipality  shall  hear
and  determine all protests and objections at the hearing and
the hearing may be adjourned to another date without  further
notice  other  than  a  motion to be entered upon the minutes
fixing the time and place of the subsequent hearing.  At  the
public  hearing  or  at any time prior to the adoption by the
municipality of an ordinance approving a redevelopment  plan,
the  municipality may make changes in the redevelopment plan.
Changes which (1) add additional parcels of property  to  the
proposed redevelopment project area, (2) substantially affect
the general land uses proposed in the redevelopment plan, (3)
substantially  change the nature of or extend the life of the
redevelopment project, or (4) increase the number of  low  or
very   low   income  households  to  be  displaced  from  the
redevelopment project area, provided that measured  from  the
time  of creation of the redevelopment project area the total
displacement of the households will exceed 10, shall be  made
only  after  the  municipality gives notice, convenes a joint
review board, and conducts a public hearing pursuant  to  the
procedures set forth in this Section and in Section 11-74.4-6
of this Act.  Changes which do not (1) add additional parcels
of  property  to the proposed redevelopment project area, (2)
substantially affect the general land uses  proposed  in  the
redevelopment plan, (3) substantially change the nature of or
extend the life of the redevelopment project, or (4) increase
the  number  of  low  or  very  low  income  households to be
displaced from the redevelopment project area, provided  that
measured  from  the  time  of  creation  of the redevelopment
project area the total displacement of  the  households  will
exceed 10, may be made without further hearing, provided that
the  municipality  shall  give  notice of any such changes by
mail to each affected taxing district and registrant  on  the
interested  parties  registry,  provided  for  under  Section
11-74.4-4.2,  and  by  publication  in a newspaper of general
circulation within the affected taxing district.  Such notice
by mail and by publication shall each occur not later than 10
days following the adoption by  ordinance  of  such  changes.
Hearings with regard to a redevelopment project area, project
or plan may be held simultaneously.
    (b)  Prior  to  holding  a  public  hearing to approve or
amend a redevelopment plan or to designate or add  additional
parcels  of  property  to  a  redevelopment project area, the
municipality shall convene a joint review board.   The  board
shall  consist of a representative selected by each community
college district, local elementary school district  and  high
school district or each local community unit school district,
park  district,  library  district, township, fire protection
district, and county that will have the authority to directly
levy taxes on the property within the proposed  redevelopment
project  area  at  the  time  that the proposed redevelopment
project area is approved, a representative  selected  by  the
municipality  and  a  public member.  The public member shall
first be selected and then the board's chairperson  shall  be
selected  by  a  majority  of  the  board members present and
voting.
    For redevelopment project areas with  redevelopment plans
or proposed redevelopment plans  that  would  result  in  the
displacement   of   residents   from  10  or  more  inhabited
residential units  or  that  include  75  or  more  inhabited
residential  units,  the  public member shall be a person who
resides in the redevelopment project area.  If, as determined
by the housing impact study provided for in paragraph (5)  of
subsection  (n) of Section 11-74.4-3, or if no housing impact
study is required then based on other  reasonable  data,  the
majority  of residential units are occupied by very low, low,
or moderate income households, as defined in Section 3 of the
Illinois Affordable Housing Act, the public member shall be a
person who resides in  very  low,  low,  or  moderate  income
housing    within    the    redevelopment    project    area.
Municipalities  with fewer than 15,000 residents shall not be
required to select a person who lives in very  low,  low,  or
moderate  income  housing  within  the  redevelopment project
area, provided that the redevelopment plan  or  project  will
not  result  in  displacement  of  residents  from 10 or more
inhabited units, and the municipality  so  certifies  in  the
plan.    If   no  person  satisfying  these  requirements  is
available or if no qualified person will serve as the  public
member,  then  the  joint  review  board  is relieved of this
paragraph's selection requirements for the public member.
    Within 90 days of the effective date of  this  amendatory
Act  of  the  91st  General  Assembly, each municipality that
designated a redevelopment project area for which it was  not
required  to  convene a joint review board under this Section
shall convene a joint review  board  to  perform  the  duties
specified under paragraph (e) of this Section.
    All  board members shall be appointed and the first board
meeting shall be held following at least 14 days but not more
than 28 days after the mailing of notice by the  municipality
to   all   the   taxing  districts  as  required  by  Section
11-74.4-6(c).  Notwithstanding  the  preceding  sentence,   a
municipality  that adopted either a public hearing resolution
or a feasibility resolution between July 1, 1999 and July  1,
2000  that  called  for the meeting of the joint review board
within 14 days of notice of public hearing to affected taxing
districts is deemed to be  in  compliance  with  the  notice,
meeting,  and  public  hearing  provisions  of  the Act. Such
notice shall also advise the taxing bodies represented on the
joint review board of the time and place of the first meeting
of the board.  Additional meetings of the board shall be held
upon the  call  of  any  member.   The  municipality  seeking
designation  of  the redevelopment project area shall provide
administrative support to the board.
    The board shall review (i) the  public  record,  planning
documents and proposed ordinances approving the redevelopment
plan   and  project  and  (ii)  proposed  amendments  to  the
redevelopment plan or additions of parcels of property to the
redevelopment project area to be adopted by the municipality.
As part of its deliberations, the board may  hold  additional
hearings  on  the proposal. A board's recommendation shall be
an advisory, non-binding recommendation.  The  recommendation
shall  be  adopted by a majority of those members present and
voting.   The  recommendations  shall  be  submitted  to  the
municipality within 30 days after  convening  of  the  board.
Failure  of  the board to submit its report on a timely basis
shall not be cause to delay the public hearing or  any  other
step   in   the   process  of  designating  or  amending  the
redevelopment project area but shall be deemed to  constitute
approval by the joint review board of the matters before it.
    The  board  shall  base  its recommendation to approve or
disapprove the redevelopment plan and the designation of  the
redevelopment   project   area   or   the  amendment  of  the
redevelopment plan or addition of parcels of property to  the
redevelopment  project area on the basis of the redevelopment
project area  and  redevelopment  plan  satisfying  the  plan
requirements,  the  eligibility  criteria  defined in Section
11-74.4-3, and the objectives of this Act.
    The board shall issue a written report describing why the
redevelopment plan and project area or the amendment  thereof
meets  or fails to meet one or more of the objectives of this
Act and  both  the  plan  requirements  and  the  eligibility
criteria defined in Section 11-74.4-3. In the event the Board
does not file a report it shall be presumed that these taxing
bodies  find the redevelopment project area and redevelopment
plan  satisfy  the  objectives  of  this  Act  and  the  plan
requirements and eligibility criteria.
    If the board recommends rejection of the  matters  before
it,  the  municipality  will  have  30  days within which  to
resubmit the plan  or  amendment.  During  this  period,  the
municipality  will meet and confer with the board and attempt
to resolve those issues set  forth  in  the  board's  written
report  that  led  lead  to  the  rejection  of  the  plan or
amendment.
    Notwithstanding the resubmission  set  forth  above,  the
municipality  may  commence  the scheduled public hearing and
either adjourn the public  hearing  or  continue  the  public
hearing until a date certain.  Prior to continuing any public
hearing  to  a  date certain, the municipality shall announce
during the public hearing the time, date,  and  location  for
the  reconvening  of  the public hearing.  Any changes to the
redevelopment plan necessary to satisfy the issues set  forth
in  the  joint  review board report shall be the subject of a
public hearing before the hearing is adjourned if the changes
would (1) substantially affect the general land uses proposed
in the  redevelopment  plan,  (2)  substantially  change  the
nature of or extend the life of the redevelopment project, or
(3)  increase the number of low or very low income households
to be displaced from the redevelopment project area, provided
that measured from the time of creation of the  redevelopment
project  area  the  total displacement of the households will
exceed 10.  Changes to the redevelopment  plan  necessary  to
satisfy the issues set forth in the joint review board report
shall  not require any further notice or convening of a joint
review  board  meeting,  except  that  any  changes  to   the
redevelopment  plan  that  would  add  additional  parcels of
property to the proposed redevelopment project area shall  be
subject to the notice, public hearing, and joint review board
meeting   requirements   established   for  such  changes  by
subsection (a) of Section 11-74.4-5.
    In the event that the  municipality  and  the  board  are
unable to resolve these differences, or in the event that the
resubmitted  plan or amendment is rejected  by the board, the
municipality may proceed with the plan or amendment, but only
upon  a  three-fifths  vote  of   the   corporate   authority
responsible  for approval of the plan or amendment, excluding
positions of members that are vacant and those  members  that
are ineligible to vote because of conflicts of interest.
    (c)  After  a  municipality  has  by ordinance approved a
redevelopment plan and  designated  a  redevelopment  project
area,  the  plan may be amended and additional properties may
be added to the redevelopment project  area  only  as  herein
provided.   Amendments  which  (1)  add additional parcels of
property to the  proposed  redevelopment  project  area,  (2)
substantially  affect  the  general land uses proposed in the
redevelopment plan, (3) substantially change  the  nature  of
the  redevelopment  project, (4) increase the total estimated
redevelopment project costs set out in the redevelopment plan
by more than 5% after adjustment for inflation from the  date
the  plan  was  adopted,  (5)  add  additional  redevelopment
project  costs  to the itemized list of redevelopment project
costs set out in the redevelopment plan, or (6) increase  the
number  of  low or very low income households to be displaced
from the redevelopment project area, provided  that  measured
from  the  time of creation of the redevelopment project area
the total displacement of  the  households  will  exceed  10,
shall  be  made  only  after  the  municipality gives notice,
convenes a joint review board, and conducts a public  hearing
pursuant  to  the procedures set forth in this Section and in
Section 11-74.4-6 of this Act.  Changes which do not (1)  add
additional  parcels of property to the proposed redevelopment
project area, (2) substantially affect the general land  uses
proposed  in the redevelopment plan, (3) substantially change
the nature of the redevelopment  project,  (4)  increase  the
total  estimated  redevelopment  project  cost set out in the
redevelopment plan by  more  than  5%  after  adjustment  for
inflation  from  the  date  the  plan  was  adopted,  (5) add
additional redevelopment project costs to the  itemized  list
of  redevelopment  project costs set out in the redevelopment
plan, or (6) increase the number of low or  very  low  income
households  to  be  displaced  from the redevelopment project
area, provided that measured from the time of creation of the
redevelopment project area  the  total  displacement  of  the
households  will  exceed  10,  may  be  made  without further
hearing, provided that the municipality shall give notice  of
any such changes by mail to each affected taxing district and
registrant  on  the interested parties registry, provided for
under Section 11-74.4-4.2, and by publication in a  newspaper
of  general  circulation within the affected taxing district.
Such notice by mail and by publication shall each  occur  not
later  than  10  days  following the adoption by ordinance of
such changes.
    (d)  After the effective date of this amendatory  Act  of
the  91st  General  Assembly, a municipality shall submit the
following information for each redevelopment project area (i)
to  the  State  Comptroller  under  Section  8-8-3.5  of  the
Illinois Municipal Code and  (ii)  to  all  taxing  districts
overlapping  the redevelopment project area no later than 180
days after the close of each municipal fiscal year or as soon
thereafter  as  the  audited  financial   statements   become
available  and,  in  any  case, shall be submitted before the
annual meeting of the Joint  Review  Board  to  each  of  the
taxing districts that overlap the redevelopment project area:
         (1)  Any  amendments  to the redevelopment plan, the
    redevelopment  project  area,  or  the  State  Sales  Tax
    Boundary.
         (1.5) A list  of  the  redevelopment  project  areas
    administered  by the municipality and, if applicable, the
    date each redevelopment project area  was  designated  or
    terminated by the municipality.
         (2)  Audited financial statements of the special tax
    allocation  fund  once a cumulative total of $100,000 has
    been deposited in the fund.
         (3)  Certification of the Chief Executive Officer of
    the municipality that the municipality has complied  with
    all  of the requirements of this Act during the preceding
    fiscal year.
         (4)  An  opinion   of   legal   counsel   that   the
    municipality is in compliance with this Act.
         (5)  An  analysis of the special tax allocation fund
    which sets forth:
              (A)  the balance in the special tax  allocation
         fund at the beginning of the fiscal year;
              (B)  all  amounts  deposited in the special tax
         allocation fund by source;
              (C)  an itemized list of all expenditures  from
         the  special  tax  allocation  fund  by  category of
         permissible redevelopment project cost; and
              (D)  the balance in the special tax  allocation
         fund  at  the  end  of  the  fiscal year including a
         breakdown of that balance by source and a  breakdown
         of  that  balance  identifying  any  portion  of the
         balance that is  required,  pledged,  earmarked,  or
         otherwise  designated  for payment of or securing of
         obligations and  anticipated  redevelopment  project
         costs.   Any portion of such ending balance that has
         not been identified or is not  identified  as  being
         required,    pledged,    earmarked,   or   otherwise
         designated for payment of or securing of obligations
         or anticipated redevelopment projects costs shall be
         designated  as  surplus  as  set  forth  in  Section
         11-74.4-7 hereof.
         (6)  A description of all property purchased by  the
    municipality   within   the  redevelopment  project  area
    including:
              (A)  Street address.
              (B)  Approximate   size   or   description   of
         property.
              (C)  Purchase price.
              (D)  Seller of property.
         (7)  A  statement  setting  forth   all   activities
    undertaken  in  furtherance  of  the  objectives  of  the
    redevelopment plan, including:
              (A)  Any  project  implemented in the preceding
         fiscal year.
              (B)  A   description   of   the   redevelopment
         activities undertaken.
              (C)  A description of  any  agreements  entered
         into   by   the  municipality  with  regard  to  the
         disposition or redevelopment of any property  within
         the  redevelopment  project  area or the area within
         the State Sales Tax Boundary.
              (D)  Additional information on the use  of  all
         funds  received  under this Division and steps taken
         by the municipality to achieve the objectives of the
         redevelopment plan.
              (E)  Information regarding contracts  that  the
         municipality's tax increment advisors or consultants
         have entered into with entities or persons that have
         received, or are receiving, payments financed by tax
         increment    revenues    produced    by   the   same
         redevelopment project area.
              (F)  Any reports submitted to the  municipality
         by the joint review board.
              (G)  A  review  of  public  and,  to the extent
         possible, private investment actually undertaken  to
         date after the effective date of this amendatory Act
         of  the  91st  General  Assembly and estimated to be
         undertaken during the following year.   This  review
         shall,  on a project-by-project basis, set forth the
         estimated amounts of public and  private  investment
         incurred after the effective date of this amendatory
         Act  of  the  91st  General Assembly and provide the
         ratio of private investment to public investment  to
         the  date  of  the  report  and  as estimated to the
         completion of the redevelopment project.
         (8)  With regard to any obligations  issued  by  the
    municipality:
              (A)  copies of any official statements; and
              (B)  an  analysis prepared by financial advisor
         or underwriter setting forth: (i) nature and term of
         obligation;  and   (ii)   projected   debt   service
         including required reserves and debt coverage.
         (9)  For  special  tax  allocation  funds  that have
    experienced  cumulative  deposits  of   incremental   tax
    revenues  of  $100,000  or more, a certified audit report
    reviewing  compliance  with  this  Act  performed  by  an
    independent public accountant certified and  licensed  by
    the  authority  of  the State of Illinois.  The financial
    portion of the audit must be conducted in accordance with
    Standards  for  Audits  of  Governmental   Organizations,
    Programs,   Activities,  and  Functions  adopted  by  the
    Comptroller General  of  the  United  States  (1981),  as
    amended,  or  the standards specified by Section 8-8-5 of
    the Illinois  Municipal  Auditing  Law  of  the  Illinois
    Municipal  Code.  The audit report shall contain a letter
    from  the   independent   certified   public   accountant
    indicating   compliance   or   noncompliance   with   the
    requirements of subsection (q) of Section 11-74.4-3.  For
    redevelopment  plans or projects that would result in the
    displacement of  residents  from  10  or  more  inhabited
    residential  units  or  that contain 75 or more inhabited
    residential units, notice  of  the  availability  of  the
    information, including how to obtain the report, required
    in  this  subsection  shall  also  be sent by mail to all
    residents  or   organizations   that   operate   in   the
    municipality that register with the municipality for that
    information  according to registration procedures adopted
    under  Section  11-74.4-4.2.   All   municipalities   are
    subject to this provision.
    (d-1)  Prior to the effective date of this amendatory Act
of the 91st General Assembly, municipalities with populations
of  over  1,000,000  shall, after adoption of a redevelopment
plan or project, make available upon request  to  any  taxing
district  in  which the redevelopment project area is located
the following information:
         (1)  Any amendments to the redevelopment  plan,  the
    redevelopment  project  area,  or  the  State  Sales  Tax
    Boundary; and
         (2)  In  connection  with  any redevelopment project
    area  for  which   the   municipality   has   outstanding
    obligations  issued  to provide for redevelopment project
    costs pursuant to Section  11-74.4-7,  audited  financial
    statements of the special tax allocation fund.
    (e)  The  joint review board shall meet annually 180 days
after the close of the municipal fiscal year or  as  soon  as
the  redevelopment project audit for that fiscal year becomes
available to review  the  effectiveness  and  status  of  the
redevelopment project area up to that date.
    (f)  (Blank).
    (g)  In  the  event that a municipality has held a public
hearing under this Section  prior  to  March  14,  1994  (the
effective  date  of  Public  Act  88-537),  the  requirements
imposed by Public Act 88-537 relating to the method of fixing
the  time  and  place  for  public hearing, the materials and
information  required  to  be  made  available   for   public
inspection,  and  the  information  required to be sent after
adoption of an ordinance or  resolution  fixing  a  time  and
place for public hearing shall not be applicable.
(Source:  P.A.  91-357,  eff.  7-29-99; 91-478, eff. 11-1-99;
91-900, eff. 7-6-00.)

    (65 ILCS 5/11-74.4-7) (from Ch. 24, par. 11-74.4-7)
    Sec. 11-74.4-7.  Obligations secured by the  special  tax
allocation  fund  set  forth  in  Section  11-74.4-8  for the
redevelopment project area  may  be  issued  to  provide  for
redevelopment  project  costs.   Such  obligations,  when  so
issued,  shall  be  retired  in  the  manner  provided in the
ordinance authorizing the issuance of such obligations by the
receipts of taxes levied as specified  in  Section  11-74.4-9
against  the  taxable  property  included  in  the  area,  by
revenues as specified by Section 11-74.4-8a and other revenue
designated  by  the  municipality.  A municipality may in the
ordinance pledge all or any part of the funds in  and  to  be
deposited in the special tax allocation fund created pursuant
to  Section  11-74.4-8  to  the  payment of the redevelopment
project costs and obligations.  Any pledge of  funds  in  the
special tax allocation fund shall provide for distribution to
the  taxing  districts  and  to  the  Illinois  Department of
Revenue  of  moneys  not  required,  pledged,  earmarked,  or
otherwise  designated  for  payment  and  securing   of   the
obligations  and  anticipated redevelopment project costs and
such excess funds shall be calculated annually and deemed  to
be "surplus" funds.  In the event a municipality only applies
or  pledges  a  portion  of  the  funds  in  the  special tax
allocation fund for the payment or  securing  of  anticipated
redevelopment project costs or of obligations, any such funds
remaining  in the special tax allocation fund after complying
with the requirements of the  application  or  pledge,  shall
also  be  calculated annually and deemed "surplus" funds. All
surplus funds in the special tax  allocation  fund  shall  be
distributed  annually  within 180 days after the close of the
municipality's fiscal year by being  paid  by  the  municipal
treasurer  to  the  County  Collector,  to  the Department of
Revenue and to the municipality in direct proportion  to  the
tax  incremental  revenue received as a result of an increase
in  the  equalized  assessed  value  of   property   in   the
redevelopment  project area, tax incremental revenue received
from the State and tax incremental revenue received from  the
municipality,  but  not  to exceed as to each such source the
total incremental revenue  received  from  that  source.  The
County  Collector  shall  thereafter make distribution to the
respective taxing districts in the same manner and proportion
as the most recent distribution by the  county  collector  to
the  affected  districts  of  real  property  taxes from real
property in the redevelopment project area.
    Without limiting  the  foregoing  in  this  Section,  the
municipality  may  in addition  to obligations secured by the
special tax allocation fund pledge for a period  not  greater
than  the  term  of  the  obligations towards payment of such
obligations any part or any combination of the following: (a)
net revenues of all or part of any redevelopment project; (b)
taxes levied and collected on any  or  all  property  in  the
municipality;   (c)   the   full  faith  and  credit  of  the
municipality;  (d)  a  mortgage  on  part  or  all   of   the
redevelopment  project; or (e) any other taxes or anticipated
receipts that the municipality may lawfully pledge.
    Such obligations may be issued  in  one  or  more  series
bearing  interest  at  such  rate  or  rates as the corporate
authorities of the municipality shall determine by ordinance.
Such obligations shall bear such date  or  dates,  mature  at
such  time  or  times  not  exceeding  20  years  from  their
respective   dates,  be  in  such  denomination,  carry  such
registration privileges,  be  executed  in  such  manner,  be
payable  in  such  medium of payment at such place or places,
contain such covenants, terms and conditions, and be  subject
to  redemption  as such ordinance shall provide.  Obligations
issued pursuant to this Act may be sold at public or  private
sale  at  such  price as shall be determined by the corporate
authorities of the municipalities.  No referendum approval of
the electors shall be required as a condition to the issuance
of obligations pursuant to this Division except  as  provided
in this Section.
    In  the  event  the  municipality  authorizes issuance of
obligations  pursuant  to  the  authority  of  this  Division
secured by the full faith and  credit  of  the  municipality,
which  obligations  are  other  than obligations which may be
issued under  home  rule  powers  provided  by  Article  VII,
Section  6  of  the  Illinois Constitution,  or pledges taxes
pursuant to (b) or  (c)  of  the  second  paragraph  of  this
section,  the  ordinance  authorizing  the  issuance  of such
obligations or pledging such taxes shall be published  within
10  days  after such ordinance has been passed in one or more
newspapers,   with   general    circulation    within    such
municipality.  The  publication  of  the  ordinance  shall be
accompanied by a notice of (1) the specific number of  voters
required  to  sign  a petition requesting the question of the
issuance  of  such  obligations  or  pledging  taxes  to   be
submitted  to  the  electors;  (2)  the  time  in  which such
petition must be filed; and (3) the date of  the  prospective
referendum.   The  municipal  clerk  shall provide a petition
form to any individual requesting one.
    If no petition is filed  with  the  municipal  clerk,  as
hereinafter  provided  in  this Section, within 30 days after
the publication of the ordinance, the ordinance shall  be  in
effect.   But,  if  within  that  30 day period a petition is
filed with the municipal clerk, signed  by  electors  in  the
municipality   numbering   10%  or  more  of  the  number  of
registered  voters  in  the  municipality,  asking  that  the
question of issuing obligations using full faith  and  credit
of  the  municipality  as security for the cost of paying for
redevelopment project costs, or of  pledging  taxes  for  the
payment  of  such  obligations,  or both, be submitted to the
electors of the municipality, the  corporate  authorities  of
the  municipality shall call a special election in the manner
provided by law to vote upon that question, or, if a general,
State or municipal election is to be held within a period  of
not  less  than  30  or more than  90 days from the date such
petition is filed, shall submit  the  question  at  the  next
general, State or municipal election.  If it appears upon the
canvass  of  the election by the corporate authorities that a
majority of electors voting upon the question voted in  favor
thereof,  the ordinance shall be in effect, but if a majority
of the electors voting upon the question  are  not  in  favor
thereof, the ordinance shall not take effect.
    The  ordinance  authorizing  the  obligations may provide
that the obligations shall contain a recital  that  they  are
issued  pursuant  to  this  Division,  which recital shall be
conclusive evidence of their validity and of  the  regularity
of their issuance.
    In  the  event  the  municipality  authorizes issuance of
obligations pursuant to this  Section  secured  by  the  full
faith   and   credit   of  the  municipality,  the  ordinance
authorizing the obligations may  provide  for  the  levy  and
collection  of  a direct annual tax upon all taxable property
within the  municipality  sufficient  to  pay  the  principal
thereof and interest thereon as it matures, which levy may be
in  addition  to  and  exclusive  of the maximum of all other
taxes authorized to be  levied  by  the  municipality,  which
levy, however, shall be abated to the extent that monies from
other  sources  are  available for payment of the obligations
and the municipality certifies  the  amount  of  said  monies
available to the county clerk.
    A  certified  copy  of such ordinance shall be filed with
the county clerk of each county in which any portion  of  the
municipality  is situated, and shall constitute the authority
for the extension and collection of the taxes to be deposited
in the special tax allocation fund.
    A municipality may also issue its obligations  to  refund
in  whole  or in part, obligations theretofore issued by such
municipality under the authority of this Act, whether  at  or
prior  to  maturity, provided however, that the last maturity
of the refunding obligations shall not be expressed to mature
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 twenty-third calendar year
after  the  year  in  which  the  ordinance   approving   the
redevelopment  project  area  is adopted if the ordinance was
adopted on or after January 15,  1981,  and  not  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  thirty-fifth calendar year after the year in
which the ordinance approving the redevelopment project  area
is  adopted  (A)  if the ordinance was adopted before January
15, 1981, or (B) if the ordinance  was  adopted  in  December
1983,  April 1984, July 1985, or December 1989, or (C) if the
ordinance was adopted in December, 1987 and the redevelopment
project is located within one mile of Midway Airport, or  (D)
if  the  ordinance  was  adopted  before January 1, 1987 by a
municipality in Mason County, or (E) if the  municipality  is
subject  to  the  Local  Government  Financial  Planning  and
Supervision  Act  or  the Financially Distressed City Law, or
(F) if the ordinance was adopted  in  December  1984  by  the
Village  of  Rosemont, or (G) 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,  or (H) if the ordinance was adopted on October 5, 1982
by the City of Kankakee, or (I) if the ordinance was  adopted
on  December  29, 1986 by East St. Louis, or if the ordinance
was adopted on November 12, 1991 by the Village of Sauget, or
(J) if the ordinance was adopted on February 11, 1985 by  the
City  of  Rock  Island,  or  (K) if the ordinance was adopted
before December 18, 1986 by the City of  Moline,  or  (L)  if
the  ordinance was adopted in September 1988 by Sauk Village,
or (M)  if the ordinance was adopted in October 1993 by  Sauk
Village,  or (N) if the ordinance was adopted on December 29,
1986 by the City of  Galva,  or  (O)  if  the  ordinance  was
adopted  in  March  1991  by the City of Centreville and, for
redevelopment project  areas  for  which  bonds  were  issued
before  July  29,  1991,  in  connection with a redevelopment
project in the area within the State Sales Tax  Boundary  and
which  were  extended by municipal ordinance under subsection
(n) of Section 11-74.4-3,  the last maturity of the refunding
obligations shall not be expressed to mature later  than  the
date on which the redevelopment project area is terminated or
December 31, 2013, whichever date occurs first.
    In the event a municipality issues obligations under home
rule  powers  or  other legislative authority the proceeds of
which are pledged to pay for redevelopment project costs, the
municipality may,  if  it  has  followed  the  procedures  in
conformance  with this division, retire said obligations from
funds in the special tax allocation fund in  amounts  and  in
such  manner  as if such obligations had been issued pursuant
to the provisions of this division.
    All obligations heretofore or hereafter  issued  pursuant
to  this  Act  shall  not  be regarded as indebtedness of the
municipality issuing such obligations  or  any  other  taxing
district for the purpose of any limitation imposed by law.
(Source: P.A.  90-379,  eff.  8-14-97;  91-261, eff. 7-23-99;
91-477, eff. 8-11-99;  91-478,  eff.  11-1-99;  91-642,  eff.
8-20-99; 91-763, eff. 6-9-00.)

    (65 ILCS 5/11-74.4-8a) (from Ch. 24, par. 11-74.4-8a)
    Sec.  11-74.4-8a.  (1) Until June 1, 1988, a municipality
which has adopted tax increment allocation financing prior to
January  1,  1987,  may  by  ordinance  (1)   authorize   the
Department  of Revenue, subject to appropriation, to annually
certify and cause to be paid from the Illinois Tax  Increment
Fund  to  such municipality for deposit in the municipality's
special tax allocation fund an amount equal to the Net  State
Sales  Tax  Increment  and  (2)  authorize  the Department of
Revenue to annually notify the municipality of the amount  of
the Municipal Sales Tax Increment which shall be deposited by
the municipality in the municipality's special tax allocation
fund.   Provided   that  for  purposes  of  this  Section  no
amendments  adding  additional  area  to  the   redevelopment
project  area which has been certified as the State Sales Tax
Boundary shall be taken into account if such  amendments  are
adopted  by  the  municipality  after  January 1, 1987. If an
amendment is adopted which decreases  the  area  of  a  State
Sales  Tax  Boundary,  the municipality shall update the list
required by subsection (3)(a) of this Section. The Retailers'
Occupation  Tax  liability,  Use   Tax   liability,   Service
Occupation  Tax  liability  and Service Use Tax liability for
retailers and servicemen located within the disconnected area
shall be excluded from the base from which tax increments are
calculated  and  the  revenue  from  any  such  retailer   or
serviceman  shall  not be included in calculating incremental
revenue payable to the municipality. A municipality  adopting
an  ordinance under this subsection (1) of this Section for a
redevelopment project area which  is  certified  as  a  State
Sales Tax Boundary shall not be entitled to payments of State
taxes authorized under subsection (2) of this Section for the
same  redevelopment  project  area.  Nothing  herein shall be
construed to prevent a municipality from receiving payment of
State taxes authorized under subsection (2) of  this  Section
for  a  separate  redevelopment  project  area  that does not
overlap  in  any  way  with  the  State  Sales  Tax  Boundary
receiving payments of State taxes pursuant to subsection  (1)
of this Section.
    A  certified copy of such ordinance shall be submitted by
the municipality to the Department of Commerce and  Community
Affairs  and the Department of Revenue not later than 30 days
after the effective date of the ordinance.   Upon  submission
of  the  ordinances, and the information required pursuant to
subsection 3 of this Section, the Department of Revenue shall
promptly determine the amount of such taxes  paid  under  the
Retailers'  Occupation  Tax Act, Use Tax Act, Service Use Tax
Act, the Service Occupation Tax Act, the Municipal Retailers'
Occupation Tax Act and the Municipal Service  Occupation  Tax
Act  by  retailers  and  servicemen on transactions at places
located in the redevelopment project  area  during  the  base
year,  and shall certify all the foregoing "initial sales tax
amounts" to the municipality within 60 days of submission  of
the list required of subsection (3)(a) of this Section.
    If  a  retailer  or  serviceman  with a place of business
located within a redevelopment project area also has  one  or
more  other  places  of  business within the municipality but
outside the  redevelopment  project  area,  the  retailer  or
serviceman  shall, upon request of the Department of Revenue,
certify to the Department of Revenue the amount of taxes paid
pursuant to the Retailers' Occupation Tax Act, the  Municipal
Retailers' Occupation Tax Act, the Service Occupation Tax Act
and the Municipal Service Occupation Tax Act at each place of
business  which  is  located within the redevelopment project
area in the manner and for the periods of time  requested  by
the Department of Revenue.
    When  the  municipality  determines  that a portion of an
increase in the aggregate amount of taxes paid  by  retailers
and  servicemen  under the Retailers' Occupation Tax Act, Use
Tax Act, Service Use Tax Act, or the Service  Occupation  Tax
Act  is  the  result  of  a retailer or serviceman initiating
retail or service operations  in  the  redevelopment  project
area   by  such  retailer  or  serviceman  with  a  resulting
termination of retail or service operations by such  retailer
or serviceman at another location in Illinois in the standard
metropolitan  statistical  area  of  such  municipality,  the
Department  of  Revenue  shall be notified that the retailers
occupation  tax  liability,  use   tax   liability,   service
occupation  tax  liability, or service use tax liability from
such retailer's or serviceman's terminated operation shall be
included in the base Initial Sales Tax Amounts from which the
State Sales Tax Increment is calculated for purposes of State
payments to the affected municipality; provided, however, for
purposes of this paragraph "termination" shall mean a closing
of a retail or service operation which is directly related to
the opening of the same retail  or  service  operation  in  a
redevelopment  project  area which is included within a State
Sales Tax Boundary,  but  it  shall  not  include  retail  or
service  operations  closed for reasons beyond the control of
the retailer or serviceman, as determined by the Department.
    If the municipality makes the determination  referred  to
in the prior paragraph and notifies the Department and if the
relocation  is  from  a location within the municipality, the
Department, at the request of the municipality, shall  adjust
the  certified  aggregate amount of taxes that constitute the
Municipal  Sales  Tax  Increment  paid   by   retailers   and
servicemen  on  transactions  at  places  of business located
within the State Sales Tax  Boundary  during  the  base  year
using  the  same  procedures  as  are  employed  to  make the
adjustment referred to in the prior paragraph.  The  adjusted
Municipal  Sales  Tax  Increment calculated by the Department
shall be sufficient to satisfy the requirements of subsection
(1) of this Section.
    When a  municipality  which  has  adopted  tax  increment
allocation financing in 1986 determines that a portion of the
aggregate  amount  of  taxes paid by retailers and servicemen
under the Retailers Occupation Tax Act, Use Tax Act,  Service
Use  Tax  Act,  or  Service Occupation Tax Act, the Municipal
Retailers' Occupation  Tax  Act  and  the  Municipal  Service
Occupation  Tax  Act,  includes  revenue  of  a  retailer  or
serviceman which terminated retailer or service operations in
1986,  prior  to  the  adoption  of  tax increment allocation
financing, the Department of Revenue  shall  be  notified  by
such   municipality   that   the  retailers'  occupation  tax
liability,  use  tax  liability,   service   occupation   tax
liability  or service use tax liability, from such retailer's
or serviceman's terminated operations shall be excluded  from
the  Initial  Sales  Tax  Amounts for such taxes. The revenue
from any such retailer or serviceman which is  excluded  from
the  base year under this paragraph, shall not be included in
calculating  incremental  revenues  if   such   retailer   or
serviceman  reestablishes  such business in the redevelopment
project area.
    For State fiscal year 1992,  the  Department  of  Revenue
shall   budget,  and  the  Illinois  General  Assembly  shall
appropriate from the Illinois Tax Increment Fund in the State
treasury, an amount not to exceed $18,000,000 to pay to  each
eligible  municipality  the  Net State Sales Tax Increment to
which such municipality is entitled.
    Beginning  on  January  1,  1993,   each   municipality's
proportional  share  of the Illinois Tax Increment Fund shall
be determined by  adding  the  annual  Net  State  Sales  Tax
Increment  and  the  annual  Net  Utility  Tax  Increment  to
determine the Annual Total Increment. The ratio of the Annual
Total  Increment  of  each  municipality  to the Annual Total
Increment for all municipalities, as most recently calculated
by the Department, shall determine the proportional shares of
the Illinois Tax Increment Fund to  be  distributed  to  each
municipality.
    Beginning in October, 1993, and each January, April, July
and  October  thereafter,  the  Department  of  Revenue shall
certify to the Treasurer  and  the  Comptroller  the  amounts
payable  quarter  annually  during  the  fiscal  year to each
municipality  under  this  Section.  The  Comptroller   shall
promptly  then draw warrants, ordering the State Treasurer to
pay such amounts from the Illinois Tax Increment Fund in  the
State treasury.
    The  Department of Revenue shall utilize the same periods
established for determining  State  Sales  Tax  Increment  to
determine  the  Municipal  Sales  Tax  Increment for the area
within a State Sales Tax Boundary and certify such amounts to
such municipal treasurer who shall transfer such  amounts  to
the special tax allocation fund.
    The  provisions  of  this  subsection (1) do not apply to
additional  municipal  retailers'   occupation   or   service
occupation  taxes  imposed by municipalities using their home
rule  powers  or  imposed  pursuant  to  Sections   8-11-1.3,
8-11-1.4  and  8-11-1.5 of this Act. A municipality shall not
receive  from  the  State  any  share  of  the  Illinois  Tax
Increment Fund unless  such  municipality  deposits  all  its
Municipal  Sales Tax Increment and the local incremental real
property  tax  revenues,  as  provided   herein,   into   the
appropriate  special  tax  allocation  fund.  If,  however, a
municipality has extended the estimated dates  of  completion
of the redevelopment project and retirement of obligations to
finance redevelopment project costs by municipal ordinance to
December  31, 2013 under subsection (n) of Section 11-74.4-3,
then that municipality shall continue  to  receive  from  the
State  a  share of the Illinois Tax Increment Fund so long as
the  municipality  deposits,  from   any   funds   available,
excluding funds in the special tax allocation fund, an amount
equal  to  the  municipal  share  of  the  real  property tax
increment revenues  into  the  special  tax  allocation  fund
during  the  extension  period. The amount to be deposited by
the municipality in each of the tax  years  affected  by  the
extension  to  December  31,  2013  shall  be  equal  to  the
municipal  share of the property tax increment deposited into
the special tax allocation fund by the municipality  for  the
most   recent  year  that  the  property  tax  increment  was
distributed.  A  municipality  located  within  an   economic
development  project  area  created under the County Economic
Development Project Area Property Tax  Allocation  Act  which
has  abated any portion of its property taxes which otherwise
would have been deposited in its special tax allocation  fund
shall not receive from the State the Net Sales Tax Increment.
    (2)  A  municipality  which  has  adopted  tax  increment
allocation  financing  with  regard  to an industrial park or
industrial park conservation area, prior to January 1,  1988,
may  by  ordinance  authorize  the  Department  of Revenue to
annually certify and pay from the Illinois Tax Increment Fund
to  such  municipality  for  deposit  in  the  municipality's
special tax allocation fund an amount equal to the Net  State
Utility  Tax  Increment.  Provided  that for purposes of this
Section  no  amendments  adding  additional   area   to   the
redevelopment  project  area  shall  be taken into account if
such amendments are adopted by the municipality after January
1, 1988. Municipalities  adopting  an  ordinance  under  this
subsection  (2)  of  this Section for a redevelopment project
area  shall  not  be  entitled  to  payment  of  State  taxes
authorized under subsection (1) of this Section for the  same
redevelopment  project area which is within a State Sales Tax
Boundary. Nothing herein shall  be  construed  to  prevent  a
municipality from receiving payment of State taxes authorized
under   subsection   (1)  of  this  Section  for  a  separate
redevelopment project area within a State Sales Tax  Boundary
that  does  not  overlap  in  any  way with the redevelopment
project area receiving payments of State  taxes  pursuant  to
subsection (2) of this Section.
    A  certified copy of such ordinance shall be submitted to
the Department of Commerce  and  Community  Affairs  and  the
Department  of  Revenue  not  later  than  30  days after the
effective date of the ordinance.
    When a municipality  determines  that  a  portion  of  an
increase  in the aggregate amount of taxes paid by industrial
or commercial facilities under the Public Utilities  Act,  is
the result of an industrial or commercial facility initiating
operations in the redevelopment project area with a resulting
termination   of   such  operations  by  such  industrial  or
commercial facility at  another  location  in  Illinois,  the
Department  of Revenue shall be notified by such municipality
that such industrial or commercial facility's liability under
the Public Utility Tax Act shall be included in the base from
which tax increments are calculated  for  purposes  of  State
payments to the affected municipality.
    After  receipt  of the calculations by the public utility
as required by subsection (4) of this Section, the Department
of Revenue shall annually budget  and  the  Illinois  General
Assembly  shall annually appropriate from the General Revenue
Fund through State Fiscal Year 1989, and thereafter from  the
Illinois  Tax  Increment Fund, an amount sufficient to pay to
each eligible municipality the amount of incremental  revenue
attributable  to State electric and gas taxes as reflected by
the charges imposed on persons in the project area  to  which
such  municipality  is  entitled  by  comparing the preceding
calendar year with  the  base  year  as  determined  by  this
Section.    Beginning on January 1, 1993, each municipality's
proportional share of the Illinois Tax Increment  Fund  shall
be  determined  by  adding  the  annual Net State Utility Tax
Increment  and  the  annual  Net  Utility  Tax  Increment  to
determine the Annual Total Increment. The ratio of the Annual
Total Increment of each  municipality  to  the  Annual  Total
Increment for all municipalities, as most recently calculated
by the Department, shall determine the proportional shares of
the  Illinois  Tax  Increment  Fund to be distributed to each
municipality.
    A  municipality  shall  not  receive  any  share  of  the
Illinois Tax  Increment  Fund  from  the  State  unless  such
municipality imposes the maximum municipal charges authorized
pursuant  to  Section  9-221  of the Public Utilities Act and
deposits all municipal utility tax  incremental  revenues  as
certified  by the public utilities, and all local real estate
tax  increments  into   such   municipality's   special   tax
allocation fund.
    (3)  Within  30  days after the adoption of the ordinance
required by either subsection (1) or subsection (2)  of  this
Section, the municipality shall transmit to the Department of
Commerce  and Community Affairs and the Department of Revenue
the following:
         (a)  if  applicable,  a  certified   copy   of   the
    ordinance  required  by  subsection  (1) accompanied by a
    complete list of street names and  the  range  of  street
    numbers  of  each street located within the redevelopment
    project area for which payments are to be made under this
    Section in both the base year and in the  year  preceding
    the payment year; and the addresses of persons registered
    with the Department of Revenue; and, the name under which
    each  such  retailer  or  serviceman conducts business at
    that address, if different from the corporate  name;  and
    the Illinois Business Tax Number of each such person (The
    municipality  shall  update  this  list in the event of a
    revision  of  the  redevelopment  project  area,  or  the
    opening or closing or name change of any street  or  part
    thereof  in  the  redevelopment  project  area, or if the
    Department of Revenue  informs  the  municipality  of  an
    addition  or  deletion  pursuant  to  the monthly updates
    given by the Department.);
         (b)  if  applicable,  a  certified   copy   of   the
    ordinance  required  by  subsection  (2) accompanied by a
    complete list of street names and range of street numbers
    of each street located within the  redevelopment  project
    area,  the utility customers in the project area, and the
    utilities serving the redevelopment project areas;
         (c)  certified copies of  the  ordinances  approving
    the  redevelopment plan and designating the redevelopment
    project area;
         (d)  a copy of the redevelopment plan as approved by
    the municipality;
         (e)  an  opinion   of   legal   counsel   that   the
    municipality  had  complied with the requirements of this
    Act; and
         (f)  a certification by the chief executive  officer
    of  the  municipality that with regard to a redevelopment
    project area: (1) the municipality has committed  all  of
    the  municipal tax increment created pursuant to this Act
    for deposit in the special tax allocation fund,  (2)  the
    redevelopment  projects  described  in  the redevelopment
    plan would not be completed  without  the  use  of  State
    incremental  revenues  pursuant  to  this  Act,  (3)  the
    municipality   will  pursue  the  implementation  of  the
    redevelopment plan in  an  expeditious  manner,  (4)  the
    incremental  revenues  created  pursuant  to this Section
    will be exclusively utilized for the development  of  the
    redevelopment project area, and (5) the increased revenue
    created   pursuant   to   this   Section  shall  be  used
    exclusively to pay redevelopment project costs as defined
    in this Act.
    (4)  The  Department  of  Revenue  upon  receipt  of  the
information set forth in  paragraph  (b)  of  subsection  (3)
shall  immediately  forward  such  information to each public
utility furnishing natural gas or  electricity  to  buildings
within  the redevelopment project area.  Upon receipt of such
information, each public utility shall promptly:
         (a)  provide to the Department of  Revenue  and  the
    municipality separate lists of the names and addresses of
    persons  within  the redevelopment project area receiving
    natural gas or  electricity  from  such  public  utility.
    Such  list  shall  be  updated as necessary by the public
    utility. Each month thereafter the public  utility  shall
    furnish  the  Department  of Revenue and the municipality
    with an itemized listing of charges imposed  pursuant  to
    Sections  9-221  and 9-222 of the Public Utilities Act on
    persons within the redevelopment project area.
         (b)  determine  the  amount   of   charges   imposed
    pursuant  to  Sections  9-221  and  9-222  of  the Public
    Utilities Act on persons  in  the  redevelopment  project
    area  during the base year, both as a result of municipal
    taxes on electricity and gas and as  a  result  of  State
    taxes  on  electricity  and  gas and certify such amounts
    both to the municipality and the Department  of  Revenue;
    and
         (c)  determine   the   amount   of  charges  imposed
    pursuant to  Sections  9-221  and  9-222  of  the  Public
    Utilities  Act  on  persons  in the redevelopment project
    area on a monthly basis during the base year, both  as  a
    result  of  State  and municipal taxes on electricity and
    gas  and  certify  such  separate  amounts  both  to  the
    municipality and the Department of Revenue.
    After the determinations are made in paragraphs  (b)  and
(c), the public utility shall monthly during the existence of
the  redevelopment  project  area  notify  the  Department of
Revenue and the municipality of any increase in charges  over
the  base year determinations made pursuant to paragraphs (b)
and (c).
    (5)  The payments authorized under this Section shall  be
deposited  by  the  municipal  treasurer  in  the special tax
allocation fund of the  municipality,  which  for  accounting
purposes  shall  identify  the  sources  of  each payment as:
municipal  receipts  from  the  State  retailers  occupation,
service occupation, use and service use taxes; and  municipal
public  utility  taxes  charged to customers under the Public
Utilities Act and  State  public  utility  taxes  charged  to
customers under the Public Utilities Act.
    (6)  Before  the effective date of this amendatory Act of
the  91st  General  Assembly,  any   municipality   receiving
payments  authorized under this Section for any redevelopment
project area or area within a State Sales Tax Boundary within
the municipality shall submit to the  Department  of  Revenue
and  to  the  taxing   districts  which  are  sent the notice
required by Section 6 of this Act annually  within  180  days
after  the  close of each municipal fiscal year the following
information for the immediately preceding fiscal year:
         (a)  Any amendments to the redevelopment  plan,  the
    redevelopment  project  area,  or  the  State  Sales  Tax
    Boundary.
         (b)  Audited financial statements of the special tax
    allocation fund.
         (c)  Certification of the Chief Executive Officer of
    the  municipality that the municipality has complied with
    all of the requirements of this Act during the  preceding
    fiscal year.
         (d)  An   opinion   of   legal   counsel   that  the
    municipality is in compliance with this Act.
         (e)  An analysis of the special tax allocation  fund
    which sets forth:
              (1)  the  balance in the special tax allocation
         fund at the beginning of the fiscal year;
              (2)  all amounts deposited in the  special  tax
         allocation fund by source;
              (3)  all  expenditures  from  the  special  tax
         allocation   fund   by   category   of   permissible
         redevelopment project cost; and
              (4)  the  balance in the special tax allocation
         fund at the end  of  the  fiscal  year  including  a
         breakdown  of  that  balance  by source. Such ending
         balance shall be designated as surplus if it is  not
         required for anticipated redevelopment project costs
         or  to  pay  debt service on bonds issued to finance
         redevelopment project costs, as set forth in Section
         11-74.4-7 hereof.
         (f)  A description of all property purchased by  the
    municipality   within   the  redevelopment  project  area
    including:
              1.  Street address
              2.  Approximate size or description of property
              3.  Purchase price
              4.  Seller of property.
         (g)  A  statement  setting  forth   all   activities
    undertaken  in  furtherance  of  the  objectives  of  the
    redevelopment plan, including:
              1.  Any  project  implemented  in the preceding
         fiscal year
              2.  A   description   of   the    redevelopment
         activities undertaken
              3.  A  description  of  any  agreements entered
         into  by  the  municipality  with  regard   to   the
         disposition  or redevelopment of any property within
         the redevelopment project area or  the  area  within
         the State Sales Tax Boundary.
         (h)  With  regard  to  any obligations issued by the
    municipality:
              1.  copies of bond ordinances or resolutions
              2.  copies of any official statements
              3.  an analysis prepared by  financial  advisor
         or underwriter setting forth: (a) nature and term of
         obligation; and (b) projected debt service including
         required reserves and debt coverage.
         (i)  A  certified  audit report reviewing compliance
    with this statute  performed  by  an  independent  public
    accountant certified and licensed by the authority of the
    State  of  Illinois.   The financial portion of the audit
    must be conducted in accordance with Standards for Audits
    of Governmental Organizations, Programs, Activities,  and
    Functions  adopted  by  the  Comptroller  General  of the
    United States (1981), as amended.  The audit report shall
    contain a letter from the  independent  certified  public
    accountant  indicating  compliance  or noncompliance with
    the requirements of subsection (q) of Section  11-74.4-3.
    If  the  audit  indicates  that  expenditures  are not in
    compliance with the law, the Department of Revenue  shall
    withhold  State  sales and utility tax increment payments
    to the municipality until compliance  has  been  reached,
    and  an  amount  equal to the ineligible expenditures has
    been returned to the Special Tax Allocation Fund.
    (6.1)  After July 29, 1988 and before the effective  date
of  this  amendatory  Act  of  the 91st General Assembly, any
funds which have not been designated for use  in  a  specific
development  project in the annual report shall be designated
as surplus.   No  funds  may  be  held  in  the  Special  Tax
Allocation  Fund  for  more  than  36 months from the date of
receipt  unless  the  money  is  required  for   payment   of
contractual  obligations  for  specific  development  project
costs.   If  held for more than 36 months in violation of the
preceding  sentence,  such  funds  shall  be  designated   as
surplus.   Any funds designated as surplus must first be used
for early redemption of  any  bond  obligations.   Any  funds
designated  as surplus which are not disposed of as otherwise
provided in this paragraph, shall be distributed  as  surplus
as provided in Section 11-74.4-7.
    (7)  Any  appropriation made pursuant to this Section for
the 1987 State fiscal year shall not exceed the amount of  $7
million  and for the 1988 State fiscal year the amount of $10
million.  The amount  which  shall  be  distributed  to  each
municipality  shall  be the incremental revenue to which each
municipality is entitled as calculated by the  Department  of
Revenue,  unless  the requests of the municipality exceed the
appropriation, then the amount  to  which  each  municipality
shall  be entitled shall be prorated among the municipalities
in  the  same  proportion  as  the  increment  to  which  the
municipality would be entitled bears to the  total  increment
which all municipalities would receive in the absence of this
limitation,  provided  that  no  municipality  may receive an
amount in excess of 15% of the appropriation.  For  the  1987
Net State Sales Tax Increment payable in Fiscal Year 1989, no
municipality  shall  receive  more  than  7.5%  of  the total
appropriation;   provided,   however,   that   any   of   the
appropriation remaining  after  such  distribution  shall  be
prorated  among municipalities on the basis of their pro rata
share of the total increment. Beginning on January  1,  1993,
each  municipality's  proportional  share of the Illinois Tax
Increment Fund shall be determined by adding the  annual  Net
State  Sales  Tax  Increment  and  the annual Net Utility Tax
Increment to determine the Annual Total Increment. The  ratio
of  the  Annual  Total  Increment of each municipality to the
Annual  Total  Increment  for  all  municipalities,  as  most
recently calculated by the Department,  shall  determine  the
proportional  shares of the Illinois Tax Increment Fund to be
distributed to each municipality.
    (7.1)  No distribution of Net State Sales  Tax  Increment
to  a  municipality  for  an  area  within  a State Sales Tax
Boundary shall exceed in any  State  Fiscal  Year  an  amount
equal  to  3  times  the  sum  of  the  Municipal  Sales  Tax
Increment,  the  real  property tax increment and deposits of
funds from other sources, excluding state and federal  funds,
as  certified  by  the  city  treasurer  to the Department of
Revenue for an area within a State Sales Tax Boundary.  After
July  29,  1988,  for  those municipalities which issue bonds
between June 1, 1988 and  3  years  from  July  29,  1988  to
finance  redevelopment  projects  within  the area in a State
Sales Tax Boundary, the distribution of Net State  Sales  Tax
Increment during the 16th through 20th years from the date of
issuance  of  the  bonds shall not exceed in any State Fiscal
Year an amount equal to 2 times  the  sum  of  the  Municipal
Sales  Tax  Increment,  the  real  property tax increment and
deposits of funds from other  sources,  excluding  State  and
federal funds.
    (8)  Any person who knowingly files or causes to be filed
false information for the purpose of increasing the amount of
any   State   tax  incremental  revenue  commits  a  Class  A
misdemeanor.
    (9)  The  following  procedures  shall  be  followed   to
determine  whether  municipalities have complied with the Act
for the purpose of receiving distributions after July 1, 1989
pursuant to subsection (1) of this Section 11-74.4-8a.
         (a)  The  Department  of  Revenue  shall  conduct  a
    preliminary review of the redevelopment project areas and
    redevelopment plans pertaining  to  those  municipalities
    receiving  payments from the State pursuant to subsection
    (1) of  Section  8a  of  this  Act  for  the  purpose  of
    determining compliance with the following standards:
              (1)  For  any municipality with a population of
         more than 12,000 as  determined  by  the  1980  U.S.
         Census:   (a)  the redevelopment project area, or in
         the case of a municipality which has more  than  one
         redevelopment  project area, each such area, must be
         contiguous and the total of all such areas shall not
         comprise more  than  25%  of  the  area  within  the
         municipal  boundaries  nor  more  than  20%  of  the
         equalized  assessed  value  of the municipality; (b)
         the  aggregate  amount  of   1985   taxes   in   the
         redevelopment  project  area,  or  in  the case of a
         municipality which has more than  one  redevelopment
         project  area, the total of all such areas, shall be
         not more than 25% of the total base year taxes  paid
         by  retailers  and  servicemen  on  transactions  at
         places  of  business located within the municipality
         under the Retailers' Occupation Tax Act, the Use Tax
         Act, the  Service  Use  Tax  Act,  and  the  Service
         Occupation  Tax  Act.    Redevelopment project areas
         created prior to 1986 are not subject to  the  above
         standards  if  their  boundaries were not amended in
         1986.
              (2)  For any municipality with a population  of
         12,000  or  less  as  determined  by  the  1980 U.S.
         Census:  (a) the redevelopment project area,  or  in
         the  case  of a municipality which has more than one
         redevelopment project area, each such area, must  be
         contiguous and the total of all such areas shall not
         comprise  more  than  35%  of  the  area  within the
         municipal  boundaries  nor  more  than  30%  of  the
         equalized assessed value of  the  municipality;  (b)
         the   aggregate   amount   of   1985  taxes  in  the
         redevelopment project area, or  in  the  case  of  a
         municipality  which  has more than one redevelopment
         project area, the total of all such areas, shall not
         be more than 35% of the total base year  taxes  paid
         by  retailers  and  servicemen  on  transactions  at
         places  of  business located within the municipality
         under the Retailers' Occupation Tax Act, the Use Tax
         Act, the  Service  Use  Tax  Act,  and  the  Service
         Occupation  Tax  Act.   Redevelopment  project areas
         created prior to 1986 are not subject to  the  above
         standards  if  their  boundaries were not amended in
         1986.
              (3)  Such    preliminary    review    of    the
         redevelopment  project  areas  applying  the   above
         standards  shall  be  completed by November 1, 1988,
         and on or before November 1,  1988,  the  Department
         shall  notify  each  municipality by certified mail,
         return  receipt  requested  that  either   (1)   the
         Department  requires  additional  time  in  which to
         complete  its  preliminary  review;   or   (2)   the
         Department  is  issuing  either (a) a Certificate of
         Eligibility or  (b)  a  Notice  of  Review.  If  the
         Department  notifies a municipality that it requires
         additional  time   to   complete   its   preliminary
         investigation,  it  shall  complete  its preliminary
         investigation no later than February 1, 1989, and by
         February 1, 1989 shall issue  to  each  municipality
         either  (a)  a  Certificate  of Eligibility or (b) a
         Notice of Review. A redevelopment project  area  for
         which  a  Certificate of Eligibility has been issued
         shall be deemed a "State Sales Tax Boundary."
              (4)  The Department of Revenue shall also issue
         a Notice of Review if the Department has received  a
         request by November 1, 1988 to conduct such a review
         from  taxpayers  in  the  municipality, local taxing
         districts located in the municipality or  the  State
         of  Illinois,  or  if the redevelopment project area
         has more than 5 retailers  and  has  had  growth  in
         State  sales  tax  revenue  of  more  than  15% from
         calendar year 1985 to 1986.
         (b)  For those municipalities receiving a Notice  of
    Review,  the  Department  will conduct a secondary review
    consisting of: (i) application  of  the  above  standards
    contained   in   subsection   (9)(a)(1)(a)   and  (b)  or
    (9)(a)(2)(a)  and  (b),  and  (ii)  the  definitions   of
    blighted  and  conservation  area provided for in Section
    11-74.4-3.  Such secondary review shall be  completed  by
    July 1, 1989.
         Upon   completion   of  the  secondary  review,  the
    Department will issue (a) a Certificate of Eligibility or
    (b) a Preliminary Notice of Deficiency.  Any municipality
    receiving a Preliminary Notice of  Deficiency  may  amend
    its  redevelopment project area to meet the standards and
    definitions set forth in this paragraph (b). This amended
    redevelopment project area shall become the "State  Sales
    Tax Boundary" for purposes of determining the State Sales
    Tax Increment.
         (c)  If  the  municipality advises the Department of
    its intent to comply with the requirements  of  paragraph
    (b) of this subsection outlined in the Preliminary Notice
    of  Deficiency,  within 120 days of receiving such notice
    from  the  Department,  the  municipality  shall   submit
    documentation  to  the  Department  of the actions it has
    taken to cure any deficiencies.   Thereafter,  within  30
    days  of the receipt of the documentation, the Department
    shall either issue a  Certificate  of  Eligibility  or  a
    Final Notice of Deficiency.  If the municipality fails to
    advise the Department of its intent to comply or fails to
    submit   adequate   documentation   of   such   cure   of
    deficiencies the Department shall issue a Final Notice of
    Deficiency   that   provides  that  the  municipality  is
    ineligible  for  payment  of  the  Net  State  Sales  Tax
    Increment.
         (d)  If the Department issues a final  determination
    of  ineligibility,  the  municipality  shall have 30 days
    from the receipt of determination to protest and  request
    a  hearing. Such hearing shall be conducted in accordance
    with Sections 10-25,  10-35,  10-40,  and  10-50  of  the
    Illinois   Administrative  Procedure  Act.  The  decision
    following the hearing shall be subject  to  review  under
    the Administrative Review Law.
         (e)  Any  Certificate of Eligibility issued pursuant
    to this subsection 9 shall be binding only on  the  State
    for the purposes of establishing municipal eligibility to
    receive  revenue  pursuant  to  subsection  (1)  of  this
    Section 11-74.4-8a.
         (f)  It  is  the  intent of this subsection that the
    periods of time to cure deficiencies shall be in addition
    to all other periods of time permitted by  this  Section,
    regardless  of  the  date  by which plans were originally
    required to  be  adopted.   To  cure  said  deficiencies,
    however, the municipality shall be required to follow the
    procedures  and requirements pertaining to amendments, as
    provided in Sections 11-74.4-5 and 11-74.4-6 of this Act.
    (10)  If a municipality adopts a State Sales Tax Boundary
in accordance with the provisions of subsection (9)  of  this
Section,  such  boundaries  shall subsequently be utilized to
determine Revised Initial Sales Tax Amounts and the Net State
Sales Tax Increment; provided,  however,  that  such  revised
State  Sales  Tax Boundary shall not have any effect upon the
boundary of the redevelopment project  area  established  for
the  purposes  of  determining  the  ad valorem taxes on real
property pursuant to Sections 11-74.4-7 and 11-74.4-8 of this
Act nor upon the municipality's authority  to  implement  the
redevelopment  plan for that redevelopment project area.  For
any redevelopment project area with a smaller State Sales Tax
Boundary within its area, the municipality may annually elect
to  deposit  the  Municipal  Sales  Tax  Increment  for   the
redevelopment project area in the special tax allocation fund
and  shall  certify  the  amount  to  the Department prior to
receipt  of  the  Net  State  Sales   Tax   Increment.    Any
municipality  required by subsection (9) to establish a State
Sales Tax Boundary for  one  or  more  of  its  redevelopment
project areas shall submit all necessary information required
by  the Department concerning such boundary and the retailers
therein,  by  October  1,  1989,  after  complying  with  the
procedures for amendment set forth in Sections 11-74.4-5  and
11-74.4-6  of  this  Act.   Net  State  Sales  Tax  Increment
produced  within  the State Sales Tax Boundary shall be spent
only within that area. However expenditures of all  municipal
property tax increment and municipal sales tax increment in a
redevelopment  project  area  are  not  required  to be spent
within the smaller  State  Sales  Tax  Boundary  within  such
redevelopment project area.
    (11)  The  Department of Revenue shall have the authority
to issue rules and regulations for purposes of this  Section.
and regulations for purposes of this Section.
    (12)  If,  under Section 5.4.1 of the Illinois Enterprise
Zone Act, a municipality determines that property  that  lies
within  a  State  Sales  Tax  Boundary  has  an  improvement,
rehabilitation,  or renovation that is entitled to a property
tax  abatement,   then   that   property   along   with   any
improvements,   rehabilitation,   or   renovations  shall  be
immediately removed from any State Sales Tax  Boundary.   The
municipality  that  made  the  determination shall notify the
Department of Revenue within 30 days after the determination.
Once a property is removed from the State Sales Tax  Boundary
because   of  the  existence  of  a  property  tax  abatement
resulting from an enterprise zone, then that  property  shall
not  be  permitted  to  be  amended  into  a  State Sales Tax
Boundary.
(Source: P.A. 90-258,  eff.  7-30-97;  91-51,  eff.  6-30-99;
91-478, eff. 11-1-99.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.
    Passed in the General Assembly May 15, 2001.
    Approved August 07, 2001.

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