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91_HB0665ham001
LRB9103358SMdvam01
1 AMENDMENT TO HOUSE BILL 665
2 AMENDMENT NO. . Amend House Bill 665 by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Municipal Code by changing
5 Sections 11-74.4-3 and 11-74.4-7."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Municipal Code is amended by
9 changing Sections 11-74.4-3 and 11-74.4-7 as follows:
10 (65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3)
11 Sec. 11-74.4-3. Definitions. The following terms,
12 wherever used or referred to in this Division 74.4 shall have
13 the following respective meanings, unless in any case a
14 different meaning clearly appears from the context.
15 (a) For any redevelopment project area that has been
16 designated pursuant to this Section by an ordinance adopted
17 prior to November 1, 1999 (the effective date of Public Act
18 91-478) this amendatory Act of the 91st General Assembly,
19 "blighted area" shall have the meaning set forth in this
20 Section prior to that the effective date of this amendatory
21 Act of the 91st General Assembly.
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1 On and after November 1, 1999 the effective date of this
2 amendatory Act of the 91st General Assembly, "blighted area"
3 means any improved or vacant area within the boundaries of a
4 redevelopment project area located within the territorial
5 limits of the municipality where:
6 (1) If improved, industrial, commercial, and
7 residential buildings or improvements are detrimental to
8 the public safety, health, or welfare because of a
9 combination of 5 or more of the following factors, each
10 of which is (i) present, with that presence documented,
11 to a meaningful extent so that a municipality may
12 reasonably find that the factor is clearly present within
13 the intent of the Act and (ii) reasonably distributed
14 throughout the improved part of the redevelopment project
15 area:
16 (A) Dilapidation. An advanced state of
17 disrepair or neglect of necessary repairs to the
18 primary structural components of buildings or
19 improvements in such a combination that a documented
20 building condition analysis determines that major
21 repair is required or the defects are so serious and
22 so extensive that the buildings must be removed.
23 (B) Obsolescence. The condition or process of
24 falling into disuse. Structures have become
25 ill-suited for the original use.
26 (C) Deterioration. With respect to buildings,
27 defects including, but not limited to, major defects
28 in the secondary building components such as doors,
29 windows, porches, gutters and downspouts, and
30 fascia. With respect to surface improvements, that
31 the condition of roadways, alleys, curbs, gutters,
32 sidewalks, off-street parking, and surface storage
33 areas evidence deterioration, including, but not
34 limited to, surface cracking, crumbling, potholes,
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1 depressions, loose paving material, and weeds
2 protruding through paved surfaces.
3 (D) Presence of structures below minimum code
4 standards. All structures that do not meet the
5 standards of zoning, subdivision, building, fire,
6 and other governmental codes applicable to property,
7 but not including housing and property maintenance
8 codes.
9 (E) Illegal use of individual structures. The
10 use of structures in violation of applicable
11 federal, State, or local laws, exclusive of those
12 applicable to the presence of structures below
13 minimum code standards.
14 (F) Excessive vacancies. The presence of
15 buildings that are unoccupied or under-utilized and
16 that represent an adverse influence on the area
17 because of the frequency, extent, or duration of the
18 vacancies.
19 (G) Lack of ventilation, light, or sanitary
20 facilities. The absence of adequate ventilation for
21 light or air circulation in spaces or rooms without
22 windows, or that require the removal of dust, odor,
23 gas, smoke, or other noxious airborne materials.
24 Inadequate natural light and ventilation means the
25 absence of skylights or windows for interior spaces
26 or rooms and improper window sizes and amounts by
27 room area to window area ratios. Inadequate
28 sanitary facilities refers to the absence or
29 inadequacy of garbage storage and enclosure,
30 bathroom facilities, hot water and kitchens, and
31 structural inadequacies preventing ingress and
32 egress to and from all rooms and units within a
33 building.
34 (H) Inadequate utilities. Underground and
-4- LRB9103358SMdvam01
1 overhead utilities such as storm sewers and storm
2 drainage, sanitary sewers, water lines, and gas,
3 telephone, and electrical services that are shown to
4 be inadequate. Inadequate utilities are those that
5 are: (i) of insufficient capacity to serve the uses
6 in the redevelopment project area, (ii)
7 deteriorated, antiquated, obsolete, or in disrepair,
8 or (iii) lacking within the redevelopment project
9 area.
10 (I) Excessive land coverage and overcrowding
11 of structures and community facilities. The
12 over-intensive use of property and the crowding of
13 buildings and accessory facilities onto a site.
14 Examples of problem conditions warranting the
15 designation of an area as one exhibiting excessive
16 land coverage are: (i) the presence of buildings
17 either improperly situated on parcels or located on
18 parcels of inadequate size and shape in relation to
19 present-day standards of development for health and
20 safety and (ii) the presence of multiple buildings
21 on a single parcel. For there to be a finding of
22 excessive land coverage, these parcels must exhibit
23 one or more of the following conditions:
24 insufficient provision for light and air within or
25 around buildings, increased threat of spread of fire
26 due to the close proximity of buildings, lack of
27 adequate or proper access to a public right-of-way,
28 lack of reasonably required off-street parking, or
29 inadequate provision for loading and service.
30 (J) Deleterious land use or layout. The
31 existence of incompatible land-use relationships,
32 buildings occupied by inappropriate mixed-uses, or
33 uses considered to be noxious, offensive, or
34 unsuitable for the surrounding area.
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1 (K) Environmental clean-up. The proposed
2 redevelopment project area has incurred Illinois
3 Environmental Protection Agency or United States
4 Environmental Protection Agency remediation costs
5 for, or a study conducted by an independent
6 consultant recognized as having expertise in
7 environmental remediation has determined a need for,
8 the clean-up of hazardous waste, hazardous
9 substances, or underground storage tanks required by
10 State or federal law, provided that the remediation
11 costs constitute a material impediment to the
12 development or redevelopment of the redevelopment
13 project area.
14 (L) Lack of community planning. The proposed
15 redevelopment project area was developed prior to or
16 without the benefit or guidance of a community plan.
17 This means that the development occurred prior to
18 the adoption by the municipality of a comprehensive
19 or other community plan or that the plan was not
20 followed at the time of the area's development.
21 This factor must be documented by evidence of
22 adverse or incompatible land-use relationships,
23 inadequate street layout, improper subdivision,
24 parcels of inadequate shape and size to meet
25 contemporary development standards, or other
26 evidence demonstrating an absence of effective
27 community planning.
28 (M) The total equalized assessed value of the
29 proposed redevelopment project area has declined for
30 3 of the last 5 calendar years prior to the year in
31 which the redevelopment project area is designated
32 or is increasing at an annual rate that is less than
33 the balance of the municipality for 3 of the last 5
34 calendar years for which information is available or
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1 is increasing at an annual rate that is less than
2 the Consumer Price Index for All Urban Consumers
3 published by the United States Department of Labor
4 or successor agency for 3 of the last 5 calendar
5 years prior to the year in which the redevelopment
6 project area is designated.
7 (2) If vacant, the sound growth of the
8 redevelopment project area is impaired by a combination
9 of 2 or more of the following factors, each of which is
10 (i) present, with that presence documented, to a
11 meaningful extent so that a municipality may reasonably
12 find that the factor is clearly present within the intent
13 of the Act and (ii) reasonably distributed throughout the
14 vacant part of the redevelopment project area to which it
15 pertains:
16 (A) Obsolete platting of vacant land that
17 results in parcels of limited or narrow size or
18 configurations of parcels of irregular size or shape
19 that would be difficult to develop on a planned
20 basis and in a manner compatible with contemporary
21 standards and requirements, or platting that failed
22 to create rights-of-ways for streets or alleys or
23 that created inadequate right-of-way widths for
24 streets, alleys, or other public rights-of-way or
25 that omitted easements for public utilities.
26 (B) Diversity of ownership of parcels of
27 vacant land sufficient in number to retard or impede
28 the ability to assemble the land for development.
29 (C) Tax and special assessment delinquencies
30 exist or the property has been the subject of tax
31 sales under the Property Tax Code within the last 5
32 years.
33 (D) Deterioration of structures or site
34 improvements in neighboring areas adjacent to the
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1 vacant land.
2 (E) The area has incurred Illinois
3 Environmental Protection Agency or United States
4 Environmental Protection Agency remediation costs
5 for, or a study conducted by an independent
6 consultant recognized as having expertise in
7 environmental remediation has determined a need for,
8 the clean-up of hazardous waste, hazardous
9 substances, or underground storage tanks required by
10 State or federal law, provided that the remediation
11 costs constitute a material impediment to the
12 development or redevelopment of the redevelopment
13 project area.
14 (F) The total equalized assessed value of the
15 proposed redevelopment project area has declined for
16 3 of the last 5 calendar years prior to the year in
17 which the redevelopment project area is designated
18 or is increasing at an annual rate that is less than
19 the balance of the municipality for 3 of the last 5
20 calendar years for which information is available or
21 is increasing at an annual rate that is less than
22 the Consumer Price Index for All Urban Consumers
23 published by the United States Department of Labor
24 or successor agency for 3 of the last 5 calendar
25 years prior to the year in which the redevelopment
26 project area is designated.
27 (3) If vacant, the sound growth of the
28 redevelopment project area is impaired by one of the
29 following factors that (i) is present, with that presence
30 documented, to a meaningful extent so that a municipality
31 may reasonably find that the factor is clearly present
32 within the intent of the Act and (ii) is reasonably
33 distributed throughout the vacant part of the
34 redevelopment project area to which it pertains:
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1 (A) The area consists of one or more unused
2 quarries, mines, or strip mine ponds.
3 (B) The area consists of unused railyards,
4 rail tracks, or railroad rights-of-way.
5 (C) The area, prior to its designation, is
6 subject to chronic flooding that adversely impacts
7 on real property in the area as certified by a
8 registered professional engineer or appropriate
9 regulatory agency.
10 (D) The area consists of an unused or illegal
11 disposal site containing earth, stone, building
12 debris, or similar materials that were removed from
13 construction, demolition, excavation, or dredge
14 sites.
15 (E) Prior to November 1, 1999 the effective
16 date of this amendatory Act of the 91st General
17 Assembly, the area is not less than 50 nor more than
18 100 acres and 75% of which is vacant
19 (notwithstanding that the area has been used for
20 commercial agricultural purposes within 5 years
21 prior to the designation of the redevelopment
22 project area), and the area meets at least one of
23 the factors itemized in paragraph (1) of this
24 subsection, the area has been designated as a town
25 or village center by ordinance or comprehensive plan
26 adopted prior to January 1, 1982, and the area has
27 not been developed for that designated purpose.
28 (F) The area qualified as a blighted improved
29 area immediately prior to becoming vacant, unless
30 there has been substantial private investment in the
31 immediately surrounding area.
32 (b) For any redevelopment project area that has been
33 designated pursuant to this Section by an ordinance adopted
34 prior to November 1, 1999 (the effective date of Public Act
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1 91-478) this amendatory Act of the 91st General Assembly,
2 "conservation area" shall have the meaning set forth in this
3 Section prior to that the effective date of this amendatory
4 Act of the 91st General Assembly.
5 On and after November 1, 1999 the effective date of this
6 amendatory Act of the 91st General Assembly, "conservation
7 area" means any improved area within the boundaries of a
8 redevelopment project area located within the territorial
9 limits of the municipality in which 50% or more of the
10 structures in the area have an age of 35 years or more. Such
11 an area is not yet a blighted area but because of a
12 combination of 3 or more of the following factors is
13 detrimental to the public safety, health, morals or welfare
14 and such an area may become a blighted area:
15 (1) Dilapidation. An advanced state of disrepair
16 or neglect of necessary repairs to the primary structural
17 components of buildings or improvements in such a
18 combination that a documented building condition analysis
19 determines that major repair is required or the defects
20 are so serious and so extensive that the buildings must
21 be removed.
22 (2) Obsolescence. The condition or process of
23 falling into disuse. Structures have become ill-suited
24 for the original use.
25 (3) Deterioration. With respect to buildings,
26 defects including, but not limited to, major defects in
27 the secondary building components such as doors, windows,
28 porches, gutters and downspouts, and fascia. With
29 respect to surface improvements, that the condition of
30 roadways, alleys, curbs, gutters, sidewalks, off-street
31 parking, and surface storage areas evidence
32 deterioration, including, but not limited to, surface
33 cracking, crumbling, potholes, depressions, loose paving
34 material, and weeds protruding through paved surfaces.
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1 (4) Presence of structures below minimum code
2 standards. All structures that do not meet the standards
3 of zoning, subdivision, building, fire, and other
4 governmental codes applicable to property, but not
5 including housing and property maintenance codes.
6 (5) Illegal use of individual structures. The use
7 of structures in violation of applicable federal, State,
8 or local laws, exclusive of those applicable to the
9 presence of structures below minimum code standards.
10 (6) Excessive vacancies. The presence of buildings
11 that are unoccupied or under-utilized and that represent
12 an adverse influence on the area because of the
13 frequency, extent, or duration of the vacancies.
14 (7) Lack of ventilation, light, or sanitary
15 facilities. The absence of adequate ventilation for
16 light or air circulation in spaces or rooms without
17 windows, or that require the removal of dust, odor, gas,
18 smoke, or other noxious airborne materials. Inadequate
19 natural light and ventilation means the absence or
20 inadequacy of skylights or windows for interior spaces or
21 rooms and improper window sizes and amounts by room area
22 to window area ratios. Inadequate sanitary facilities
23 refers to the absence or inadequacy of garbage storage
24 and enclosure, bathroom facilities, hot water and
25 kitchens, and structural inadequacies preventing ingress
26 and egress to and from all rooms and units within a
27 building.
28 (8) Inadequate utilities. Underground and overhead
29 utilities such as storm sewers and storm drainage,
30 sanitary sewers, water lines, and gas, telephone, and
31 electrical services that are shown to be inadequate.
32 Inadequate utilities are those that are: (i) of
33 insufficient capacity to serve the uses in the
34 redevelopment project area, (ii) deteriorated,
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1 antiquated, obsolete, or in disrepair, or (iii) lacking
2 within the redevelopment project area.
3 (9) Excessive land coverage and overcrowding of
4 structures and community facilities. The over-intensive
5 use of property and the crowding of buildings and
6 accessory facilities onto a site. Examples of problem
7 conditions warranting the designation of an area as one
8 exhibiting excessive land coverage are: the presence of
9 buildings either improperly situated on parcels or
10 located on parcels of inadequate size and shape in
11 relation to present-day standards of development for
12 health and safety and the presence of multiple buildings
13 on a single parcel. For there to be a finding of
14 excessive land coverage, these parcels must exhibit one
15 or more of the following conditions: insufficient
16 provision for light and air within or around buildings,
17 increased threat of spread of fire due to the close
18 proximity of buildings, lack of adequate or proper access
19 to a public right-of-way, lack of reasonably required
20 off-street parking, or inadequate provision for loading
21 and service.
22 (10) Deleterious land use or layout. The existence
23 of incompatible land-use relationships, buildings
24 occupied by inappropriate mixed-uses, or uses considered
25 to be noxious, offensive, or unsuitable for the
26 surrounding area.
27 (11) Lack of community planning. The proposed
28 redevelopment project area was developed prior to or
29 without the benefit or guidance of a community plan. This
30 means that the development occurred prior to the adoption
31 by the municipality of a comprehensive or other community
32 plan or that the plan was not followed at the time of the
33 area's development. This factor must be documented by
34 evidence of adverse or incompatible land-use
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1 relationships, inadequate street layout, improper
2 subdivision, parcels of inadequate shape and size to meet
3 contemporary development standards, or other evidence
4 demonstrating an absence of effective community planning.
5 (12) The area has incurred Illinois Environmental
6 Protection Agency or United States Environmental
7 Protection Agency remediation costs for, or a study
8 conducted by an independent consultant recognized as
9 having expertise in environmental remediation has
10 determined a need for, the clean-up of hazardous waste,
11 hazardous substances, or underground storage tanks
12 required by State or federal law, provided that the
13 remediation costs constitute a material impediment to the
14 development or redevelopment of the redevelopment project
15 area.
16 (13) The total equalized assessed value of the
17 proposed redevelopment project area has declined for 3 of
18 the last 5 calendar years for which information is
19 available or is increasing at an annual rate that is less
20 than the balance of the municipality for 3 of the last 5
21 calendar years for which information is available or is
22 increasing at an annual rate that is less than the
23 Consumer Price Index for All Urban Consumers published by
24 the United States Department of Labor or successor agency
25 for 3 of the last 5 calendar years for which information
26 is available.
27 (c) "Industrial park" means an area in a blighted or
28 conservation area suitable for use by any manufacturing,
29 industrial, research or transportation enterprise, of
30 facilities to include but not be limited to factories, mills,
31 processing plants, assembly plants, packing plants,
32 fabricating plants, industrial distribution centers,
33 warehouses, repair overhaul or service facilities, freight
34 terminals, research facilities, test facilities or railroad
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1 facilities.
2 (d) "Industrial park conservation area" means an area
3 within the boundaries of a redevelopment project area located
4 within the territorial limits of a municipality that is a
5 labor surplus municipality or within 1 1/2 miles of the
6 territorial limits of a municipality that is a labor surplus
7 municipality if the area is annexed to the municipality;
8 which area is zoned as industrial no later than at the time
9 the municipality by ordinance designates the redevelopment
10 project area, and which area includes both vacant land
11 suitable for use as an industrial park and a blighted area or
12 conservation area contiguous to such vacant land.
13 (e) "Labor surplus municipality" means a municipality in
14 which, at any time during the 6 months before the
15 municipality by ordinance designates an industrial park
16 conservation area, the unemployment rate was over 6% and was
17 also 100% or more of the national average unemployment rate
18 for that same time as published in the United States
19 Department of Labor Bureau of Labor Statistics publication
20 entitled "The Employment Situation" or its successor
21 publication. For the purpose of this subsection, if
22 unemployment rate statistics for the municipality are not
23 available, the unemployment rate in the municipality shall be
24 deemed to be the same as the unemployment rate in the
25 principal county in which the municipality is located.
26 (f) "Municipality" shall mean a city, village or
27 incorporated town.
28 (g) "Initial Sales Tax Amounts" means the amount of
29 taxes paid under the Retailers' Occupation Tax Act, Use Tax
30 Act, Service Use Tax Act, the Service Occupation Tax Act, the
31 Municipal Retailers' Occupation Tax Act, and the Municipal
32 Service Occupation Tax Act by retailers and servicemen on
33 transactions at places located in a State Sales Tax Boundary
34 during the calendar year 1985.
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1 (g-1) "Revised Initial Sales Tax Amounts" means the
2 amount of taxes paid under the Retailers' Occupation Tax Act,
3 Use Tax Act, Service Use Tax Act, the Service Occupation Tax
4 Act, the Municipal Retailers' Occupation Tax Act, and the
5 Municipal Service Occupation Tax Act by retailers and
6 servicemen on transactions at places located within the State
7 Sales Tax Boundary revised pursuant to Section 11-74.4-8a(9)
8 of this Act.
9 (h) "Municipal Sales Tax Increment" means an amount
10 equal to the increase in the aggregate amount of taxes paid
11 to a municipality from the Local Government Tax Fund arising
12 from sales by retailers and servicemen within the
13 redevelopment project area or State Sales Tax Boundary, as
14 the case may be, for as long as the redevelopment project
15 area or State Sales Tax Boundary, as the case may be, exist
16 over and above the aggregate amount of taxes as certified by
17 the Illinois Department of Revenue and paid under the
18 Municipal Retailers' Occupation Tax Act and the Municipal
19 Service Occupation Tax Act by retailers and servicemen, on
20 transactions at places of business located in the
21 redevelopment project area or State Sales Tax Boundary, as
22 the case may be, during the base year which shall be the
23 calendar year immediately prior to the year in which the
24 municipality adopted tax increment allocation financing. For
25 purposes of computing the aggregate amount of such taxes for
26 base years occurring prior to 1985, the Department of Revenue
27 shall determine the Initial Sales Tax Amounts for such taxes
28 and deduct therefrom an amount equal to 4% of the aggregate
29 amount of taxes per year for each year the base year is prior
30 to 1985, but not to exceed a total deduction of 12%. The
31 amount so determined shall be known as the "Adjusted Initial
32 Sales Tax Amounts". For purposes of determining the
33 Municipal Sales Tax Increment, the Department of Revenue
34 shall for each period subtract from the amount paid to the
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1 municipality from the Local Government Tax Fund arising from
2 sales by retailers and servicemen on transactions located in
3 the redevelopment project area or the State Sales Tax
4 Boundary, as the case may be, the certified Initial Sales Tax
5 Amounts, the Adjusted Initial Sales Tax Amounts or the
6 Revised Initial Sales Tax Amounts for the Municipal
7 Retailers' Occupation Tax Act and the Municipal Service
8 Occupation Tax Act. For the State Fiscal Year 1989, this
9 calculation shall be made by utilizing the calendar year 1987
10 to determine the tax amounts received. For the State Fiscal
11 Year 1990, this calculation shall be made by utilizing the
12 period from January 1, 1988, until September 30, 1988, to
13 determine the tax amounts received from retailers and
14 servicemen pursuant to the Municipal Retailers' Occupation
15 Tax and the Municipal Service Occupation Tax Act, which shall
16 have deducted therefrom nine-twelfths of the certified
17 Initial Sales Tax Amounts, the Adjusted Initial Sales Tax
18 Amounts or the Revised Initial Sales Tax Amounts as
19 appropriate. For the State Fiscal Year 1991, this calculation
20 shall be made by utilizing the period from October 1, 1988,
21 to June 30, 1989, to determine the tax amounts received from
22 retailers and servicemen pursuant to the Municipal Retailers'
23 Occupation Tax and the Municipal Service Occupation Tax Act
24 which shall have deducted therefrom nine-twelfths of the
25 certified Initial Sales Tax Amounts, Adjusted Initial Sales
26 Tax Amounts or the Revised Initial Sales Tax Amounts as
27 appropriate. For every State Fiscal Year thereafter, the
28 applicable period shall be the 12 months beginning July 1 and
29 ending June 30 to determine the tax amounts received which
30 shall have deducted therefrom the certified Initial Sales Tax
31 Amounts, the Adjusted Initial Sales Tax Amounts or the
32 Revised Initial Sales Tax Amounts, as the case may be.
33 (i) "Net State Sales Tax Increment" means the sum of the
34 following: (a) 80% of the first $100,000 of State Sales Tax
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1 Increment annually generated within a State Sales Tax
2 Boundary; (b) 60% of the amount in excess of $100,000 but not
3 exceeding $500,000 of State Sales Tax Increment annually
4 generated within a State Sales Tax Boundary; and (c) 40% of
5 all amounts in excess of $500,000 of State Sales Tax
6 Increment annually generated within a State Sales Tax
7 Boundary. If, however, a municipality established a tax
8 increment financing district in a county with a population in
9 excess of 3,000,000 before January 1, 1986, and the
10 municipality entered into a contract or issued bonds after
11 January 1, 1986, but before December 31, 1986, to finance
12 redevelopment project costs within a State Sales Tax
13 Boundary, then the Net State Sales Tax Increment means, for
14 the fiscal years beginning July 1, 1990, and July 1, 1991,
15 100% of the State Sales Tax Increment annually generated
16 within a State Sales Tax Boundary; and notwithstanding any
17 other provision of this Act, for those fiscal years the
18 Department of Revenue shall distribute to those
19 municipalities 100% of their Net State Sales Tax Increment
20 before any distribution to any other municipality and
21 regardless of whether or not those other municipalities will
22 receive 100% of their Net State Sales Tax Increment. For
23 Fiscal Year 1999, and every year thereafter until the year
24 2007, for any municipality that has not entered into a
25 contract or has not issued bonds prior to June 1, 1988 to
26 finance redevelopment project costs within a State Sales Tax
27 Boundary, the Net State Sales Tax Increment shall be
28 calculated as follows: By multiplying the Net State Sales Tax
29 Increment by 90% in the State Fiscal Year 1999; 80% in the
30 State Fiscal Year 2000; 70% in the State Fiscal Year 2001;
31 60% in the State Fiscal Year 2002; 50% in the State Fiscal
32 Year 2003; 40% in the State Fiscal Year 2004; 30% in the
33 State Fiscal Year 2005; 20% in the State Fiscal Year 2006;
34 and 10% in the State Fiscal Year 2007. No payment shall be
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1 made for State Fiscal Year 2008 and thereafter.
2 Municipalities that issued bonds in connection with a
3 redevelopment project in a redevelopment project area within
4 the State Sales Tax Boundary prior to July 29, 1991, or that
5 entered into contracts in connection with a redevelopment
6 project in a redevelopment project area before June 1, 1988,
7 shall continue to receive their proportional share of the
8 Illinois Tax Increment Fund distribution until the date on
9 which the redevelopment project is completed or terminated,
10 or the date on which the bonds are retired or the contracts
11 are completed, whichever date occurs first. Refunding of any
12 bonds issued prior to July 29, 1991, shall not alter the Net
13 State Sales Tax Increment.
14 (j) "State Utility Tax Increment Amount" means an amount
15 equal to the aggregate increase in State electric and gas tax
16 charges imposed on owners and tenants, other than residential
17 customers, of properties located within the redevelopment
18 project area under Section 9-222 of the Public Utilities Act,
19 over and above the aggregate of such charges as certified by
20 the Department of Revenue and paid by owners and tenants,
21 other than residential customers, of properties within the
22 redevelopment project area during the base year, which shall
23 be the calendar year immediately prior to the year of the
24 adoption of the ordinance authorizing tax increment
25 allocation financing.
26 (k) "Net State Utility Tax Increment" means the sum of
27 the following: (a) 80% of the first $100,000 of State Utility
28 Tax Increment annually generated by a redevelopment project
29 area; (b) 60% of the amount in excess of $100,000 but not
30 exceeding $500,000 of the State Utility Tax Increment
31 annually generated by a redevelopment project area; and (c)
32 40% of all amounts in excess of $500,000 of State Utility Tax
33 Increment annually generated by a redevelopment project area.
34 For the State Fiscal Year 1999, and every year thereafter
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1 until the year 2007, for any municipality that has not
2 entered into a contract or has not issued bonds prior to June
3 1, 1988 to finance redevelopment project costs within a
4 redevelopment project area, the Net State Utility Tax
5 Increment shall be calculated as follows: By multiplying the
6 Net State Utility Tax Increment by 90% in the State Fiscal
7 Year 1999; 80% in the State Fiscal Year 2000; 70% in the
8 State Fiscal Year 2001; 60% in the State Fiscal Year 2002;
9 50% in the State Fiscal Year 2003; 40% in the State Fiscal
10 Year 2004; 30% in the State Fiscal Year 2005; 20% in the
11 State Fiscal Year 2006; and 10% in the State Fiscal Year
12 2007. No payment shall be made for the State Fiscal Year 2008
13 and thereafter.
14 Municipalities that issue bonds in connection with the
15 redevelopment project during the period from June 1, 1988
16 until 3 years after the effective date of this Amendatory Act
17 of 1988 shall receive the Net State Utility Tax Increment,
18 subject to appropriation, for 15 State Fiscal Years after the
19 issuance of such bonds. For the 16th through the 20th State
20 Fiscal Years after issuance of the bonds, the Net State
21 Utility Tax Increment shall be calculated as follows: By
22 multiplying the Net State Utility Tax Increment by 90% in
23 year 16; 80% in year 17; 70% in year 18; 60% in year 19; and
24 50% in year 20. Refunding of any bonds issued prior to June
25 1, 1988, shall not alter the revised Net State Utility Tax
26 Increment payments set forth above.
27 (l) "Obligations" mean bonds, loans, debentures, notes,
28 special certificates or other evidence of indebtedness issued
29 by the municipality to carry out a redevelopment project or
30 to refund outstanding obligations.
31 (m) "Payment in lieu of taxes" means those estimated tax
32 revenues from real property in a redevelopment project area
33 derived from real property that has been acquired by a
34 municipality which according to the redevelopment project or
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1 plan is to be used for a private use which taxing districts
2 would have received had a municipality not acquired the real
3 property and adopted tax increment allocation financing and
4 which would result from levies made after the time of the
5 adoption of tax increment allocation financing to the time
6 the current equalized value of real property in the
7 redevelopment project area exceeds the total initial
8 equalized value of real property in said area.
9 (n) "Redevelopment plan" means the comprehensive program
10 of the municipality for development or redevelopment intended
11 by the payment of redevelopment project costs to reduce or
12 eliminate those conditions the existence of which qualified
13 the redevelopment project area as a "blighted area" or
14 "conservation area" or combination thereof or "industrial
15 park conservation area," and thereby to enhance the tax bases
16 of the taxing districts which extend into the redevelopment
17 project area. On and after November 1, 1999 (the effective
18 date of Public Act 91-478) this amendatory Act of the 91st
19 General Assembly, no redevelopment plan may be approved or
20 amended that includes the development of vacant land (i) with
21 a golf course and related clubhouse and other facilities or
22 (ii) designated by federal, State, county, or municipal
23 government as public land for outdoor recreational activities
24 or for nature preserves and used for that purpose within 5
25 years prior to the adoption of the redevelopment plan. For
26 the purpose of this subsection, "recreational activities" is
27 limited to mean camping and hunting. Each redevelopment plan
28 shall set forth in writing the program to be undertaken to
29 accomplish the objectives and shall include but not be
30 limited to:
31 (A) an itemized list of estimated redevelopment
32 project costs;
33 (B) evidence indicating that the redevelopment
34 project area on the whole has not been subject to growth
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1 and development through investment by private enterprise;
2 (C) an assessment of any financial impact of the
3 redevelopment project area on or any increased demand for
4 services from any taxing district affected by the plan
5 and any program to address such financial impact or
6 increased demand;
7 (D) the sources of funds to pay costs;
8 (E) the nature and term of the obligations to be
9 issued;
10 (F) the most recent equalized assessed valuation of
11 the redevelopment project area;
12 (G) an estimate as to the equalized assessed
13 valuation after redevelopment and the general land uses
14 to apply in the redevelopment project area;
15 (H) a commitment to fair employment practices and
16 an affirmative action plan;
17 (I) if it concerns an industrial park conservation
18 area, the plan shall also include a general description
19 of any proposed developer, user and tenant of any
20 property, a description of the type, structure and
21 general character of the facilities to be developed, a
22 description of the type, class and number of new
23 employees to be employed in the operation of the
24 facilities to be developed; and
25 (J) if property is to be annexed to the
26 municipality, the plan shall include the terms of the
27 annexation agreement.
28 The provisions of items (B) and (C) of this subsection
29 (n) shall not apply to a municipality that before March 14,
30 1994 (the effective date of Public Act 88-537) had fixed,
31 either by its corporate authorities or by a commission
32 designated under subsection (k) of Section 11-74.4-4, a time
33 and place for a public hearing as required by subsection (a)
34 of Section 11-74.4-5. No redevelopment plan shall be adopted
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1 unless a municipality complies with all of the following
2 requirements:
3 (1) The municipality finds that the redevelopment
4 project area on the whole has not been subject to growth
5 and development through investment by private enterprise
6 and would not reasonably be anticipated to be developed
7 without the adoption of the redevelopment plan.
8 (2) The municipality finds that the redevelopment
9 plan and project conform to the comprehensive plan for
10 the development of the municipality as a whole, or, for
11 municipalities with a population of 100,000 or more,
12 regardless of when the redevelopment plan and project was
13 adopted, the redevelopment plan and project either: (i)
14 conforms to the strategic economic development or
15 redevelopment plan issued by the designated planning
16 authority of the municipality, or (ii) includes land uses
17 that have been approved by the planning commission of the
18 municipality.
19 (3) The redevelopment plan establishes the
20 estimated dates of completion of the redevelopment
21 project and retirement of obligations issued to finance
22 redevelopment project costs. Those dates shall not be
23 later than December 31 of the year in which the payment
24 to the municipal treasurer as provided in subsection (b)
25 of Section 11-74.4-8 of this Act is to be made with
26 respect to ad valorem taxes levied in the twenty-third
27 calendar year after the year in which the ordinance
28 approving the redevelopment project area is adopted if
29 the ordinance was adopted on or after January 15, 1981,
30 and not later than December 31 of the year in which the
31 payment to the municipal treasurer as provided in
32 subsection (b) of Section 11-74.4-8 of this Act is to be
33 made with respect to ad valorem taxes levied in the
34 thirty-fifth calendar year after the year in which the
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1 ordinance approving the redevelopment project area is
2 adopted:
3 (A) if the ordinance was adopted before
4 January 15, 1981, or
5 (B) if the ordinance was adopted in December
6 1983, April 1984, July 1985, or December 1989, or
7 (C) if the ordinance was adopted in December
8 1987 and the redevelopment project is located within
9 one mile of Midway Airport, or
10 (D) if the ordinance was adopted before
11 January 1, 1987 by a municipality in Mason County,
12 or
13 (E) if the municipality is subject to the
14 Local Government Financial Planning and Supervision
15 Act, or
16 (F) if the ordinance was adopted in December
17 1984 by the Village of Rosemont, or
18 (G) if the ordinance was adopted on December
19 31, 1986 by a municipality located in Clinton County
20 for which at least $250,000 of tax increment bonds
21 were authorized on June 17, 1997, or if the
22 ordinance was adopted on December 31, 1986 by a
23 municipality with a population in 1990 of less than
24 3,600 that is located in a county with a population
25 in 1990 of less than 34,000 and for which at least
26 $250,000 of tax increment bonds were authorized on
27 June 17, 1997, or
28 (H) if the ordinance was adopted on October 5,
29 1982 by the City of Kankakee, or if the ordinance
30 was adopted on December 29, 1986 by East St. Louis,
31 or
32 (I) if the ordinance was adopted on November
33 12, 1991 by the Village of Sauget,or
34 (J) if the ordinance was adopted on February
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1 11, 1985 by the City of Rock Island, or
2 (K) if the ordinance was adopted before
3 December 18, 1986 by the City if Moline.
4 However, for redevelopment project areas for which
5 bonds were issued before July 29, 1991, or for which
6 contracts were entered into before June 1, 1988, in
7 connection with a redevelopment project in the area
8 within the State Sales Tax Boundary, the estimated dates
9 of completion of the redevelopment project and retirement
10 of obligations to finance redevelopment project costs may
11 be extended by municipal ordinance to December 31, 2013.
12 The extension allowed by this amendatory Act of 1993
13 shall not apply to real property tax increment allocation
14 financing under Section 11-74.4-8.
15 A municipality may by municipal ordinance amend an
16 existing redevelopment plan to conform to this paragraph
17 (3) as amended by Public Act 91-478 this amendatory Act
18 of the 91st General Assembly, which municipal ordinance
19 may be adopted without further hearing or notice and
20 without complying with the procedures provided in this
21 Act pertaining to an amendment to or the initial approval
22 of a redevelopment plan and project and designation of a
23 redevelopment project area.
24 Those dates, for purposes of real property tax
25 increment allocation financing pursuant to Section
26 11-74.4-8 only, shall be not more than 35 years for
27 redevelopment project areas that were adopted on or after
28 December 16, 1986 and for which at least $8 million worth
29 of municipal bonds were authorized on or after December
30 19, 1989 but before January 1, 1990; provided that the
31 municipality elects to extend the life of the
32 redevelopment project area to 35 years by the adoption of
33 an ordinance after at least 14 but not more than 30 days'
34 written notice to the taxing bodies, that would otherwise
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1 constitute the joint review board for the redevelopment
2 project area, before the adoption of the ordinance.
3 Those dates, for purposes of real property tax
4 increment allocation financing pursuant to Section
5 11-74.4-8 only, shall be not more than 35 years for
6 redevelopment project areas that were established on or
7 after December 1, 1981 but before January 1, 1982 and for
8 which at least $1,500,000 worth of tax increment revenue
9 bonds were authorized on or after September 30, 1990 but
10 before July 1, 1991; provided that the municipality
11 elects to extend the life of the redevelopment project
12 area to 35 years by the adoption of an ordinance after at
13 least 14 but not more than 30 days' written notice to the
14 taxing bodies, that would otherwise constitute the joint
15 review board for the redevelopment project area, before
16 the adoption of the ordinance.
17 (3.5) The municipality finds, in the case of an
18 industrial park conservation area, also that the
19 municipality is a labor surplus municipality and that the
20 implementation of the redevelopment plan will reduce
21 unemployment, create new jobs and by the provision of new
22 facilities enhance the tax base of the taxing districts
23 that extend into the redevelopment project area.
24 (4) If any incremental revenues are being utilized
25 under Section 8(a)(1) or 8(a)(2) of this Act in
26 redevelopment project areas approved by ordinance after
27 January 1, 1986, the municipality finds: (a) that the
28 redevelopment project area would not reasonably be
29 developed without the use of such incremental revenues,
30 and (b) that such incremental revenues will be
31 exclusively utilized for the development of the
32 redevelopment project area.
33 (5) On and after November 1, 1999 the effective
34 date of this amendatory Act of the 91st General Assembly,
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1 if the redevelopment plan will not result in displacement
2 of residents from inhabited units, and the municipality
3 certifies in the plan that displacement will not result
4 from the plan, a housing impact study need not be
5 performed. If, however, the redevelopment plan would
6 result in the displacement of residents from 10 or more
7 inhabited residential units, or if the redevelopment
8 project area contains 75 or more inhabited residential
9 units and no certification is made, then the municipality
10 shall prepare, as part of the separate feasibility report
11 required by subsection (a) of Section 11-74.4-5, a
12 housing impact study.
13 Part I of the housing impact study shall include (i)
14 data as to whether the residential units are single
15 family or multi-family units, (ii) the number and type of
16 rooms within the units, if that information is available,
17 (iii) whether the units are inhabited or uninhabited, as
18 determined not less than 45 days before the date that the
19 ordinance or resolution required by subsection (a) of
20 Section 11-74.4-5 is passed, and (iv) data as to the
21 racial and ethnic composition of the residents in the
22 inhabited residential units. The data requirement as to
23 the racial and ethnic composition of the residents in the
24 inhabited residential units shall be deemed to be fully
25 satisfied by data from the most recent federal census.
26 Part II of the housing impact study shall identify
27 the inhabited residential units in the proposed
28 redevelopment project area that are to be or may be
29 removed. If inhabited residential units are to be
30 removed, then the housing impact study shall identify (i)
31 the number and location of those units that will or may
32 be removed, (ii) the municipality's plans for relocation
33 assistance for those residents in the proposed
34 redevelopment project area whose residences are to be
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1 removed, (iii) the availability of replacement housing
2 for those residents whose residences are to be removed,
3 and shall identify the type, location, and cost of the
4 housing, and (iv) the type and extent of relocation
5 assistance to be provided.
6 (6) On and after November 1, 1999 the effective
7 date of this amendatory Act of the 91st General Assembly,
8 the housing impact study required by paragraph (5) shall
9 be incorporated in the redevelopment plan for the
10 redevelopment project area.
11 (7) On and after November 1, 1999 the effective
12 date of this amendatory Act of the 91st General Assembly,
13 no redevelopment plan shall be adopted, nor an existing
14 plan amended, nor shall residential housing that is
15 occupied by households of low-income and very low-income
16 persons in currently existing redevelopment project areas
17 be removed after November 1, 1999 the effective date of
18 this amendatory Act of the 91st General Assembly unless
19 the redevelopment plan provides, with respect to
20 inhabited housing units that are to be removed for
21 households of low-income and very low-income persons,
22 affordable housing and relocation assistance not less
23 than that which would be provided under the federal
24 Uniform Relocation Assistance and Real Property
25 Acquisition Policies Act of 1970 and the regulations
26 under that Act, including the eligibility criteria.
27 Affordable housing may be either existing or newly
28 constructed housing. For purposes of this paragraph (7),
29 "low-income households", "very low-income households",
30 and "affordable housing" have the meanings set forth in
31 the Illinois Affordable Housing Act. The municipality
32 shall make a good faith effort to ensure that this
33 affordable housing is located in or near the
34 redevelopment project area within the municipality.
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1 (8) On and after November 1, 1999 the effective
2 date of this amendatory Act of the 91st General Assembly,
3 if, after the adoption of the redevelopment plan for the
4 redevelopment project area, any municipality desires to
5 amend its redevelopment plan to remove more inhabited
6 residential units than specified in its original
7 redevelopment plan, that increase in the number of units
8 to be removed shall be deemed to be a change in the
9 nature of the redevelopment plan as to require compliance
10 with the procedures in this Act pertaining to the initial
11 approval of a redevelopment plan.
12 (o) "Redevelopment project" means any public and private
13 development project in furtherance of the objectives of a
14 redevelopment plan. On and after November 1, 1999 (the
15 effective date of Public Act 91-478) this amendatory Act of
16 the 91st General Assembly, no redevelopment plan may be
17 approved or amended that includes the development of vacant
18 land (i) with a golf course and related clubhouse and other
19 facilities or (ii) designated by federal, State, county, or
20 municipal government as public land for outdoor recreational
21 activities or for nature preserves and used for that purpose
22 within 5 years prior to the adoption of the redevelopment
23 plan. For the purpose of this subsection, "recreational
24 activities" is limited to mean camping and hunting.
25 (p) "Redevelopment project area" means an area
26 designated by the municipality, which is not less in the
27 aggregate than 1 1/2 acres and in respect to which the
28 municipality has made a finding that there exist conditions
29 which cause the area to be classified as an industrial park
30 conservation area or a blighted area or a conservation area,
31 or a combination of both blighted areas and conservation
32 areas.
33 (q) "Redevelopment project costs" mean and include the
34 sum total of all reasonable or necessary costs incurred or
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1 estimated to be incurred, and any such costs incidental to a
2 redevelopment plan and a redevelopment project. Such costs
3 include, without limitation, the following:
4 (1) Costs of studies, surveys, development of
5 plans, and specifications, implementation and
6 administration of the redevelopment plan including but
7 not limited to staff and professional service costs for
8 architectural, engineering, legal, financial, planning or
9 other services, provided however that no charges for
10 professional services may be based on a percentage of the
11 tax increment collected; except that on and after
12 November 1, 1999 (the effective date of Public Act
13 91-478) this amendatory Act of the 91st General Assembly,
14 no contracts for professional services, excluding
15 architectural and engineering services, may be entered
16 into if the terms of the contract extend beyond a period
17 of 3 years. In addition, "redevelopment project costs"
18 shall not include lobbying expenses. After consultation
19 with the municipality, each tax increment consultant or
20 advisor to a municipality that plans to designate or has
21 designated a redevelopment project area shall inform the
22 municipality in writing of any contracts that the
23 consultant or advisor has entered into with entities or
24 individuals that have received, or are receiving,
25 payments financed by tax increment revenues produced by
26 the redevelopment project area with respect to which the
27 consultant or advisor has performed, or will be
28 performing, service for the municipality. This
29 requirement shall be satisfied by the consultant or
30 advisor before the commencement of services for the
31 municipality and thereafter whenever any other contracts
32 with those individuals or entities are executed by the
33 consultant or advisor;
34 (1.5) After July 1, 1999, annual administrative
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1 costs shall not include general overhead or
2 administrative costs of the municipality that would still
3 have been incurred by the municipality if the
4 municipality had not designated a redevelopment project
5 area or approved a redevelopment plan;
6 (1.6) The cost of marketing sites within the
7 redevelopment project area to prospective businesses,
8 developers, and investors;
9 (2) Property assembly costs, including but not
10 limited to acquisition of land and other property, real
11 or personal, or rights or interests therein, demolition
12 of buildings, site preparation, site improvements that
13 serve as an engineered barrier addressing ground level or
14 below ground environmental contamination, including, but
15 not limited to parking lots and other concrete or asphalt
16 barriers, and the clearing and grading of land;
17 (3) Costs of rehabilitation, reconstruction or
18 repair or remodeling of existing public or private
19 buildings, fixtures, and leasehold improvements; and the
20 cost of replacing an existing public building if pursuant
21 to the implementation of a redevelopment project the
22 existing public building is to be demolished to use the
23 site for private investment or devoted to a different use
24 requiring private investment;
25 (4) Costs of the construction of public works or
26 improvements, except that on and after November 1, 1999
27 the effective date of this amendatory Act of the 91st
28 General Assembly, redevelopment project costs shall not
29 include the cost of constructing a new municipal public
30 building principally used to provide offices, storage
31 space, or conference facilities or vehicle storage,
32 maintenance, or repair for administrative, public safety,
33 or public works personnel and that is not intended to
34 replace an existing public building as provided under
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1 paragraph (3) of subsection (q) of Section 11-74.4-3
2 unless either (i) the construction of the new municipal
3 building implements a redevelopment project that was
4 included in a redevelopment plan that was adopted by the
5 municipality prior to November 1, 1999 the effective date
6 of this amendatory Act of the 91st General Assembly or
7 (ii) the municipality makes a reasonable determination in
8 the redevelopment plan, supported by information that
9 provides the basis for that determination, that the new
10 municipal building is required to meet an increase in the
11 need for public safety purposes anticipated to result
12 from the implementation of the redevelopment plan;
13 (5) Costs of job training and retraining projects,
14 including the cost of "welfare to work" programs
15 implemented by businesses located within the
16 redevelopment project area;
17 (6) Financing costs, including but not limited to
18 all necessary and incidental expenses related to the
19 issuance of obligations and which may include payment of
20 interest on any obligations issued hereunder including
21 interest accruing during the estimated period of
22 construction of any redevelopment project for which such
23 obligations are issued and for not exceeding 36 months
24 thereafter and including reasonable reserves related
25 thereto;
26 (7) To the extent the municipality by written
27 agreement accepts and approves the same, all or a portion
28 of a taxing district's capital costs resulting from the
29 redevelopment project necessarily incurred or to be
30 incurred within a taxing district in furtherance of the
31 objectives of the redevelopment plan and project.
32 (7.5) For redevelopment project areas designated
33 (or redevelopment project areas amended to add or
34 increase the number of tax-increment-financing assisted
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1 housing units) on or after November 1, 1999 the effective
2 date of this amendatory Act of the 91st General Assembly,
3 an elementary, secondary, or unit school district's
4 increased costs attributable to assisted housing units
5 located within the redevelopment project area for which
6 the developer or redeveloper receives financial
7 assistance through an agreement with the municipality or
8 because the municipality incurs the cost of necessary
9 infrastructure improvements within the boundaries of the
10 assisted housing sites necessary for the completion of
11 that housing as authorized by this Act, and which costs
12 shall be paid by the municipality from the Special Tax
13 Allocation Fund when the tax increment revenue is
14 received as a result of the assisted housing units and
15 shall be calculated annually as follows:
16 (A) for foundation districts, excluding any
17 school district in a municipality with a population
18 in excess of 1,000,000, by multiplying the
19 district's increase in attendance resulting from the
20 net increase in new students enrolled in that school
21 district who reside in housing units within the
22 redevelopment project area that have received
23 financial assistance through an agreement with the
24 municipality or because the municipality incurs the
25 cost of necessary infrastructure improvements within
26 the boundaries of the housing sites necessary for
27 the completion of that housing as authorized by this
28 Act since the designation of the redevelopment
29 project area by the most recently available per
30 capita tuition cost as defined in Section 10-20.12a
31 of the School Code less any increase in general
32 State aid as defined in Section 18-8.05 of the
33 School Code attributable to these added new students
34 subject to the following annual limitations:
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1 (i) for unit school districts with a
2 district average 1995-96 Per Capita Tuition
3 Charge of less than $5,900, no more than 25% of
4 the total amount of property tax increment
5 revenue produced by those housing units that
6 have received tax increment finance assistance
7 under this Act;
8 (ii) for elementary school districts with
9 a district average 1995-96 Per Capita Tuition
10 Charge of less than $5,900, no more than 17% of
11 the total amount of property tax increment
12 revenue produced by those housing units that
13 have received tax increment finance assistance
14 under this Act; and
15 (iii) for secondary school districts with
16 a district average 1995-96 Per Capita Tuition
17 Charge of less than $5,900, no more than 8% of
18 the total amount of property tax increment
19 revenue produced by those housing units that
20 have received tax increment finance assistance
21 under this Act.
22 (B) For alternate method districts, flat grant
23 districts, and foundation districts with a district
24 average 1995-96 Per Capita Tuition Charge equal to
25 or more than $5,900, excluding any school district
26 with a population in excess of 1,000,000, by
27 multiplying the district's increase in attendance
28 resulting from the net increase in new students
29 enrolled in that school district who reside in
30 housing units within the redevelopment project area
31 that have received financial assistance through an
32 agreement with the municipality or because the
33 municipality incurs the cost of necessary
34 infrastructure improvements within the boundaries of
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1 the housing sites necessary for the completion of
2 that housing as authorized by this Act since the
3 designation of the redevelopment project area by the
4 most recently available per capita tuition cost as
5 defined in Section 10-20.12a of the School Code less
6 any increase in general state aid as defined in
7 Section 18-8.05 of the School Code attributable to
8 these added new students subject to the following
9 annual limitations:
10 (i) for unit school districts, no more
11 than 40% of the total amount of property tax
12 increment revenue produced by those housing
13 units that have received tax increment finance
14 assistance under this Act;
15 (ii) for elementary school districts, no
16 more than 27% of the total amount of property
17 tax increment revenue produced by those housing
18 units that have received tax increment finance
19 assistance under this Act; and
20 (iii) for secondary school districts, no
21 more than 13% of the total amount of property
22 tax increment revenue produced by those housing
23 units that have received tax increment finance
24 assistance under this Act.
25 (C) For any school district in a municipality
26 with a population in excess of 1,000,000, the
27 following restrictions shall apply to the
28 reimbursement of increased costs under this
29 paragraph (7.5):
30 (i) no increased costs shall be
31 reimbursed unless the school district certifies
32 that each of the schools affected by the
33 assisted housing project is at or over its
34 student capacity;
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1 (ii) the amount reimburseable shall be
2 reduced by the value of any land donated to the
3 school district by the municipality or
4 developer, and by the value of any physical
5 improvements made to the schools by the
6 municipality or developer; and
7 (iii) the amount reimbursed may not
8 affect amounts otherwise obligated by the terms
9 of any bonds, notes, or other funding
10 instruments, or the terms of any redevelopment
11 agreement.
12 Any school district seeking payment under this
13 paragraph (7.5) shall, after July 1 and before
14 September 30 of each year, provide the municipality
15 with reasonable evidence to support its claim for
16 reimbursement before the municipality shall be
17 required to approve or make the payment to the
18 school district. If the school district fails to
19 provide the information during this period in any
20 year, it shall forfeit any claim to reimbursement
21 for that year. School districts may adopt a
22 resolution waiving the right to all or a portion of
23 the reimbursement otherwise required by this
24 paragraph (7.5). By acceptance of this
25 reimbursement the school district waives the right
26 to directly or indirectly set aside, modify, or
27 contest in any manner the establishment of the
28 redevelopment project area or projects;
29 (8) Relocation costs to the extent that a
30 municipality determines that relocation costs shall be
31 paid or is required to make payment of relocation costs
32 by federal or State law or in order to satisfy
33 subparagraph (7) of subsection (n);
34 (9) Payment in lieu of taxes;
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1 (10) Costs of job training, retraining, advanced
2 vocational education or career education, including but
3 not limited to courses in occupational, semi-technical or
4 technical fields leading directly to employment, incurred
5 by one or more taxing districts, provided that such costs
6 (i) are related to the establishment and maintenance of
7 additional job training, advanced vocational education or
8 career education programs for persons employed or to be
9 employed by employers located in a redevelopment project
10 area; and (ii) when incurred by a taxing district or
11 taxing districts other than the municipality, are set
12 forth in a written agreement by or among the municipality
13 and the taxing district or taxing districts, which
14 agreement describes the program to be undertaken,
15 including but not limited to the number of employees to
16 be trained, a description of the training and services to
17 be provided, the number and type of positions available
18 or to be available, itemized costs of the program and
19 sources of funds to pay for the same, and the term of the
20 agreement. Such costs include, specifically, the payment
21 by community college districts of costs pursuant to
22 Sections 3-37, 3-38, 3-40 and 3-40.1 of the Public
23 Community College Act and by school districts of costs
24 pursuant to Sections 10-22.20a and 10-23.3a of The School
25 Code;
26 (11) Interest cost incurred by a redeveloper
27 related to the construction, renovation or rehabilitation
28 of a redevelopment project provided that:
29 (A) such costs are to be paid directly from
30 the special tax allocation fund established pursuant
31 to this Act;
32 (B) such payments in any one year may not
33 exceed 30% of the annual interest costs incurred by
34 the redeveloper with regard to the redevelopment
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1 project during that year;
2 (C) if there are not sufficient funds
3 available in the special tax allocation fund to make
4 the payment pursuant to this paragraph (11) then the
5 amounts so due shall accrue and be payable when
6 sufficient funds are available in the special tax
7 allocation fund;
8 (D) the total of such interest payments paid
9 pursuant to this Act may not exceed 30% of the total
10 (i) cost paid or incurred by the redeveloper for the
11 redevelopment project plus (ii) redevelopment
12 project costs excluding any property assembly costs
13 and any relocation costs incurred by a municipality
14 pursuant to this Act; and
15 (E) the cost limits set forth in subparagraphs
16 (B) and (D) of paragraph (11) shall be modified for
17 the financing of rehabilitated or new housing units
18 for low-income households and very low-income
19 households, as defined in Section 3 of the Illinois
20 Affordable Housing Act. The percentage of 75% shall
21 be substituted for 30% in subparagraphs (B) and (D)
22 of paragraph (11).
23 (F) Instead of the eligible costs provided by
24 subparagraphs (B) and (D) of paragraph (11), as
25 modified by this subparagraph, and notwithstanding
26 any other provisions of this Act to the contrary,
27 the municipality may pay from tax increment revenues
28 up to 50% of the cost of construction of new housing
29 units to be occupied by low-income households and
30 very low-income households as defined in Section 3
31 of the Illinois Affordable Housing Act. The cost of
32 construction of those units may be derived from the
33 proceeds of bonds issued by the municipality under
34 this Act or other constitutional or statutory
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1 authority or from other sources of municipal revenue
2 that may be reimbursed from tax increment revenues
3 or the proceeds of bonds issued to finance the
4 construction of that housing.
5 The eligible costs provided under this
6 subparagraph (F) of paragraph (11) shall be an
7 eligible cost for the construction, renovation, and
8 rehabilitation of all low and very low-income
9 housing units, as defined in Section 3 of the
10 Illinois Affordable Housing Act, within the
11 redevelopment project area. If the low and very
12 low-income units are part of a residential
13 redevelopment project that includes units not
14 affordable to low and very low-income households,
15 only the low and very low-income units shall be
16 eligible for benefits under subparagraph (F) of
17 paragraph (11). The standards for maintaining the
18 occupancy by low-income households and very
19 low-income households, as defined in Section 3 of
20 the Illinois Affordable Housing Act, of those units
21 constructed with eligible costs made available under
22 the provisions of this subparagraph (F) of paragraph
23 (11) shall be established by guidelines adopted by
24 the municipality. The responsibility for annually
25 documenting the initial occupancy of the units by
26 low-income households and very low-income
27 households, as defined in Section 3 of the Illinois
28 Affordable Housing Act, shall be that of the then
29 current owner of the property. For ownership units,
30 the guidelines will provide, at a minimum, for a
31 reasonable recapture of funds, or other appropriate
32 methods designed to preserve the original
33 affordability of the ownership units. For rental
34 units, the guidelines will provide, at a minimum,
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1 for the affordability of rent to low and very
2 low-income households. As units become available,
3 they shall be rented to income-eligible tenants.
4 The municipality may modify these guidelines from
5 time to time; the guidelines, however, shall be in
6 effect for as long as tax increment revenue is being
7 used to pay for costs associated with the units or
8 for the retirement of bonds issued to finance the
9 units or for the life of the redevelopment project
10 area, whichever is later.
11 (11.5) If the redevelopment project area is located
12 within a municipality with a population of more than
13 100,000, the cost of day care services for children of
14 employees from low-income families working for businesses
15 located within the redevelopment project area and all or
16 a portion of the cost of operation of day care centers
17 established by redevelopment project area businesses to
18 serve employees from low-income families working in
19 businesses located in the redevelopment project area.
20 For the purposes of this paragraph, "low-income families"
21 means families whose annual income does not exceed 80% of
22 the municipal, county, or regional median income,
23 adjusted for family size, as the annual income and
24 municipal, county, or regional median income are
25 determined from time to time by the United States
26 Department of Housing and Urban Development.
27 (12) Unless explicitly stated herein the cost of
28 construction of new privately-owned buildings shall not
29 be an eligible redevelopment project cost.
30 (13) After November 1, 1999 (the effective date of
31 Public Act 91-478) this amendatory Act of the 91st
32 General Assembly, none of the redevelopment project costs
33 enumerated in this subsection shall be eligible
34 redevelopment project costs if those costs would provide
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1 direct financial support to a retail entity initiating
2 operations in the redevelopment project area while
3 terminating operations at another Illinois location
4 within 10 miles of the redevelopment project area but
5 outside the boundaries of the redevelopment project area
6 municipality. For purposes of this paragraph,
7 termination means a closing of a retail operation that is
8 directly related to the opening of the same operation or
9 like retail entity owned or operated by more than 50% of
10 the original ownership in a redevelopment project area,
11 but it does not mean closing an operation for reasons
12 beyond the control of the retail entity, as documented by
13 the retail entity, subject to a reasonable finding by the
14 municipality that the current location contained
15 inadequate space, had become economically obsolete, or
16 was no longer a viable location for the retailer or
17 serviceman.
18 If a special service area has been established pursuant
19 to the Special Service Area Tax Act or Special Service Area
20 Tax Law, then any tax increment revenues derived from the tax
21 imposed pursuant to the Special Service Area Tax Act or
22 Special Service Area Tax Law may be used within the
23 redevelopment project area for the purposes permitted by that
24 Act or Law as well as the purposes permitted by this Act.
25 (r) "State Sales Tax Boundary" means the redevelopment
26 project area or the amended redevelopment project area
27 boundaries which are determined pursuant to subsection (9) of
28 Section 11-74.4-8a of this Act. The Department of Revenue
29 shall certify pursuant to subsection (9) of Section
30 11-74.4-8a the appropriate boundaries eligible for the
31 determination of State Sales Tax Increment.
32 (s) "State Sales Tax Increment" means an amount equal to
33 the increase in the aggregate amount of taxes paid by
34 retailers and servicemen, other than retailers and servicemen
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1 subject to the Public Utilities Act, on transactions at
2 places of business located within a State Sales Tax Boundary
3 pursuant to the Retailers' Occupation Tax Act, the Use Tax
4 Act, the Service Use Tax Act, and the Service Occupation Tax
5 Act, except such portion of such increase that is paid into
6 the State and Local Sales Tax Reform Fund, the Local
7 Government Distributive Fund, the Local Government Tax
8 Fund and the County and Mass Transit District Fund, for as
9 long as State participation exists, over and above the
10 Initial Sales Tax Amounts, Adjusted Initial Sales Tax Amounts
11 or the Revised Initial Sales Tax Amounts for such taxes as
12 certified by the Department of Revenue and paid under those
13 Acts by retailers and servicemen on transactions at places of
14 business located within the State Sales Tax Boundary during
15 the base year which shall be the calendar year immediately
16 prior to the year in which the municipality adopted tax
17 increment allocation financing, less 3.0% of such amounts
18 generated under the Retailers' Occupation Tax Act, Use Tax
19 Act and Service Use Tax Act and the Service Occupation Tax
20 Act, which sum shall be appropriated to the Department of
21 Revenue to cover its costs of administering and enforcing
22 this Section. For purposes of computing the aggregate amount
23 of such taxes for base years occurring prior to 1985, the
24 Department of Revenue shall compute the Initial Sales Tax
25 Amount for such taxes and deduct therefrom an amount equal to
26 4% of the aggregate amount of taxes per year for each year
27 the base year is prior to 1985, but not to exceed a total
28 deduction of 12%. The amount so determined shall be known as
29 the "Adjusted Initial Sales Tax Amount". For purposes of
30 determining the State Sales Tax Increment the Department of
31 Revenue shall for each period subtract from the tax amounts
32 received from retailers and servicemen on transactions
33 located in the State Sales Tax Boundary, the certified
34 Initial Sales Tax Amounts, Adjusted Initial Sales Tax Amounts
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1 or Revised Initial Sales Tax Amounts for the Retailers'
2 Occupation Tax Act, the Use Tax Act, the Service Use Tax Act
3 and the Service Occupation Tax Act. For the State Fiscal
4 Year 1989 this calculation shall be made by utilizing the
5 calendar year 1987 to determine the tax amounts received. For
6 the State Fiscal Year 1990, this calculation shall be made by
7 utilizing the period from January 1, 1988, until September
8 30, 1988, to determine the tax amounts received from
9 retailers and servicemen, which shall have deducted therefrom
10 nine-twelfths of the certified Initial Sales Tax Amounts,
11 Adjusted Initial Sales Tax Amounts or the Revised Initial
12 Sales Tax Amounts as appropriate. For the State Fiscal Year
13 1991, this calculation shall be made by utilizing the period
14 from October 1, 1988, until June 30, 1989, to determine the
15 tax amounts received from retailers and servicemen, which
16 shall have deducted therefrom nine-twelfths of the certified
17 Initial State Sales Tax Amounts, Adjusted Initial Sales Tax
18 Amounts or the Revised Initial Sales Tax Amounts as
19 appropriate. For every State Fiscal Year thereafter, the
20 applicable period shall be the 12 months beginning July 1 and
21 ending on June 30, to determine the tax amounts received
22 which shall have deducted therefrom the certified Initial
23 Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or the
24 Revised Initial Sales Tax Amounts. Municipalities intending
25 to receive a distribution of State Sales Tax Increment must
26 report a list of retailers to the Department of Revenue by
27 October 31, 1988 and by July 31, of each year thereafter.
28 (t) "Taxing districts" means counties, townships, cities
29 and incorporated towns and villages, school, road, park,
30 sanitary, mosquito abatement, forest preserve, public health,
31 fire protection, river conservancy, tuberculosis sanitarium
32 and any other municipal corporations or districts with the
33 power to levy taxes.
34 (u) "Taxing districts' capital costs" means those costs
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1 of taxing districts for capital improvements that are found
2 by the municipal corporate authorities to be necessary and
3 directly result from the redevelopment project.
4 (v) As used in subsection (a) of Section 11-74.4-3 of
5 this Act, "vacant land" means any parcel or combination of
6 parcels of real property without industrial, commercial, and
7 residential buildings which has not been used for commercial
8 agricultural purposes within 5 years prior to the designation
9 of the redevelopment project area, unless the parcel is
10 included in an industrial park conservation area or the
11 parcel has been subdivided; provided that if the parcel was
12 part of a larger tract that has been divided into 3 or more
13 smaller tracts that were accepted for recording during the
14 period from 1950 to 1990, then the parcel shall be deemed to
15 have been subdivided, and all proceedings and actions of the
16 municipality taken in that connection with respect to any
17 previously approved or designated redevelopment project area
18 or amended redevelopment project area are hereby validated
19 and hereby declared to be legally sufficient for all purposes
20 of this Act. For purposes of this Section and only for land
21 subject to the subdivision requirements of the Plat Act, land
22 is subdivided when the original plat of the proposed
23 Redevelopment Project Area or relevant portion thereof has
24 been properly certified, acknowledged, approved, and recorded
25 or filed in accordance with the Plat Act and a preliminary
26 plat, if any, for any subsequent phases of the proposed
27 Redevelopment Project Area or relevant portion thereof has
28 been properly approved and filed in accordance with the
29 applicable ordinance of the municipality.
30 (w) "Annual Total Increment" means the sum of each
31 municipality's annual Net Sales Tax Increment and each
32 municipality's annual Net Utility Tax Increment. The ratio
33 of the Annual Total Increment of each municipality to the
34 Annual Total Increment for all municipalities, as most
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1 recently calculated by the Department, shall determine the
2 proportional shares of the Illinois Tax Increment Fund to be
3 distributed to each municipality.
4 (Source: P.A. 90-379, eff. 8-14-97; 91-261, eff. 7-23-99;
5 91-477, eff. 8-11-99; 91-478, eff. 11-1-99; 91-642, eff.
6 8-20-99; revised 10-14-99.)
7 (65 ILCS 5/11-74.4-7) (from Ch. 24, par. 11-74.4-7)
8 Sec. 11-74.4-7. Obligations secured by the special tax
9 allocation fund set forth in Section 11-74.4-8 for the
10 redevelopment project area may be issued to provide for
11 redevelopment project costs. Such obligations, when so
12 issued, shall be retired in the manner provided in the
13 ordinance authorizing the issuance of such obligations by the
14 receipts of taxes levied as specified in Section 11-74.4-9
15 against the taxable property included in the area, by
16 revenues as specified by Section 11-74.4-8a and other revenue
17 designated by the municipality. A municipality may in the
18 ordinance pledge all or any part of the funds in and to be
19 deposited in the special tax allocation fund created pursuant
20 to Section 11-74.4-8 to the payment of the redevelopment
21 project costs and obligations. Any pledge of funds in the
22 special tax allocation fund shall provide for distribution to
23 the taxing districts and to the Illinois Department of
24 Revenue of moneys not required, pledged, earmarked, or
25 otherwise designated for payment and securing of the
26 obligations and anticipated redevelopment project costs and
27 such excess funds shall be calculated annually and deemed to
28 be "surplus" funds. In the event a municipality only applies
29 or pledges a portion of the funds in the special tax
30 allocation fund for the payment or securing of anticipated
31 redevelopment project costs or of obligations, any such funds
32 remaining in the special tax allocation fund after complying
33 with the requirements of the application or pledge, shall
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1 also be calculated annually and deemed "surplus" funds. All
2 surplus funds in the special tax allocation fund shall be
3 distributed annually within 180 days after the close of the
4 municipality's fiscal year by being paid by the municipal
5 treasurer to the County Collector, to the Department of
6 Revenue and to the municipality in direct proportion to the
7 tax incremental revenue received as a result of an increase
8 in the equalized assessed value of property in the
9 redevelopment project area, tax incremental revenue received
10 from the State and tax incremental revenue received from the
11 municipality, but not to exceed as to each such source the
12 total incremental revenue received from that source. The
13 County Collector shall thereafter make distribution to the
14 respective taxing districts in the same manner and proportion
15 as the most recent distribution by the county collector to
16 the affected districts of real property taxes from real
17 property in the redevelopment project area.
18 Without limiting the foregoing in this Section, the
19 municipality may in addition to obligations secured by the
20 special tax allocation fund pledge for a period not greater
21 than the term of the obligations towards payment of such
22 obligations any part or any combination of the following: (a)
23 net revenues of all or part of any redevelopment project; (b)
24 taxes levied and collected on any or all property in the
25 municipality; (c) the full faith and credit of the
26 municipality; (d) a mortgage on part or all of the
27 redevelopment project; or (e) any other taxes or anticipated
28 receipts that the municipality may lawfully pledge.
29 Such obligations may be issued in one or more series
30 bearing interest at such rate or rates as the corporate
31 authorities of the municipality shall determine by ordinance.
32 Such obligations shall bear such date or dates, mature at
33 such time or times not exceeding 20 years from their
34 respective dates, be in such denomination, carry such
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1 registration privileges, be executed in such manner, be
2 payable in such medium of payment at such place or places,
3 contain such covenants, terms and conditions, and be subject
4 to redemption as such ordinance shall provide. Obligations
5 issued pursuant to this Act may be sold at public or private
6 sale at such price as shall be determined by the corporate
7 authorities of the municipalities. No referendum approval of
8 the electors shall be required as a condition to the issuance
9 of obligations pursuant to this Division except as provided
10 in this Section.
11 In the event the municipality authorizes issuance of
12 obligations pursuant to the authority of this Division
13 secured by the full faith and credit of the municipality,
14 which obligations are other than obligations which may be
15 issued under home rule powers provided by Article VII,
16 Section 6 of the Illinois Constitution, or pledges taxes
17 pursuant to (b) or (c) of the second paragraph of this
18 section, the ordinance authorizing the issuance of such
19 obligations or pledging such taxes shall be published within
20 10 days after such ordinance has been passed in one or more
21 newspapers, with general circulation within such
22 municipality. The publication of the ordinance shall be
23 accompanied by a notice of (1) the specific number of voters
24 required to sign a petition requesting the question of the
25 issuance of such obligations or pledging taxes to be
26 submitted to the electors; (2) the time in which such
27 petition must be filed; and (3) the date of the prospective
28 referendum. The municipal clerk shall provide a petition
29 form to any individual requesting one.
30 If no petition is filed with the municipal clerk, as
31 hereinafter provided in this Section, within 30 days after
32 the publication of the ordinance, the ordinance shall be in
33 effect. But, if within that 30 day period a petition is
34 filed with the municipal clerk, signed by electors in the
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1 municipality numbering 10% or more of the number of
2 registered voters in the municipality, asking that the
3 question of issuing obligations using full faith and credit
4 of the municipality as security for the cost of paying for
5 redevelopment project costs, or of pledging taxes for the
6 payment of such obligations, or both, be submitted to the
7 electors of the municipality, the corporate authorities of
8 the municipality shall call a special election in the manner
9 provided by law to vote upon that question, or, if a general,
10 State or municipal election is to be held within a period of
11 not less than 30 or more than 90 days from the date such
12 petition is filed, shall submit the question at the next
13 general, State or municipal election. If it appears upon the
14 canvass of the election by the corporate authorities that a
15 majority of electors voting upon the question voted in favor
16 thereof, the ordinance shall be in effect, but if a majority
17 of the electors voting upon the question are not in favor
18 thereof, the ordinance shall not take effect.
19 The ordinance authorizing the obligations may provide
20 that the obligations shall contain a recital that they are
21 issued pursuant to this Division, which recital shall be
22 conclusive evidence of their validity and of the regularity
23 of their issuance.
24 In the event the municipality authorizes issuance of
25 obligations pursuant to this Section secured by the full
26 faith and credit of the municipality, the ordinance
27 authorizing the obligations may provide for the levy and
28 collection of a direct annual tax upon all taxable property
29 within the municipality sufficient to pay the principal
30 thereof and interest thereon as it matures, which levy may be
31 in addition to and exclusive of the maximum of all other
32 taxes authorized to be levied by the municipality, which
33 levy, however, shall be abated to the extent that monies from
34 other sources are available for payment of the obligations
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1 and the municipality certifies the amount of said monies
2 available to the county clerk.
3 A certified copy of such ordinance shall be filed with
4 the county clerk of each county in which any portion of the
5 municipality is situated, and shall constitute the authority
6 for the extension and collection of the taxes to be deposited
7 in the special tax allocation fund.
8 A municipality may also issue its obligations to refund
9 in whole or in part, obligations theretofore issued by such
10 municipality under the authority of this Act, whether at or
11 prior to maturity, provided however, that the last maturity
12 of the refunding obligations shall not be expressed to mature
13 later than December 31 of the year in which the payment to
14 the municipal treasurer as provided in subsection (b) of
15 Section 11-74.4-8 of this Act is to be made with respect to
16 ad valorem taxes levied in the twenty-third calendar year
17 after the year in which the ordinance approving the
18 redevelopment project area is adopted if the ordinance was
19 adopted on or after January 15, 1981, and not later than
20 December 31 of the year in which the payment to the municipal
21 treasurer as provided in subsection (b) of Section 11-74.4-8
22 of this Act is to be made with respect to ad valorem taxes
23 levied in the thirty-fifth calendar year after the year in
24 which the ordinance approving the redevelopment project area
25 is adopted (A) if the ordinance was adopted before January
26 15, 1981, or (B) if the ordinance was adopted in December
27 1983, April 1984, July 1985, or December 1989, or (C) if the
28 ordinance was adopted in December, 1987 and the redevelopment
29 project is located within one mile of Midway Airport, or (D)
30 if the ordinance was adopted before January 1, 1987 by a
31 municipality in Mason County, or (E) if the municipality is
32 subject to the Local Government Financial Planning and
33 Supervision Act, or (F) if the ordinance was adopted in
34 December 1984 by the Village of Rosemont, or (G) if the
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1 ordinance was adopted on December 31, 1986 by a municipality
2 located in Clinton County for which at least $250,000 of tax
3 increment bonds were authorized on June 17, 1997, or if the
4 ordinance was adopted on December 31, 1986 by a municipality
5 with a population in 1990 of less than 3,600 that is located
6 in a county with a population in 1990 of less than 34,000 and
7 for which at least $250,000 of tax increment bonds were
8 authorized on June 17, 1997, or (H) if the ordinance was
9 adopted on October 5, 1982 by the City of Kankakee, or (I) if
10 the ordinance was adopted on December 29, 1986 by East St.
11 Louis, or if the ordinance was adopted on November 12, 1991
12 by the Village of Sauget, or (J) if the ordinance was adopted
13 on February 11, 1985 by the City of Rock Island, or (K) if
14 the ordinance was adopted before December 18, 1986 by the
15 City if Moline and, for redevelopment project areas for which
16 bonds were issued before July 29, 1991, in connection with a
17 redevelopment project in the area within the State Sales Tax
18 Boundary and which were extended by municipal ordinance under
19 subsection (n) of Section 11-74.4-3, the last maturity of
20 the refunding obligations shall not be expressed to mature
21 later than the date on which the redevelopment project area
22 is terminated or December 31, 2013, whichever date occurs
23 first.
24 In the event a municipality issues obligations under home
25 rule powers or other legislative authority the proceeds of
26 which are pledged to pay for redevelopment project costs, the
27 municipality may, if it has followed the procedures in
28 conformance with this division, retire said obligations from
29 funds in the special tax allocation fund in amounts and in
30 such manner as if such obligations had been issued pursuant
31 to the provisions of this division.
32 All obligations heretofore or hereafter issued pursuant
33 to this Act shall not be regarded as indebtedness of the
34 municipality issuing such obligations or any other taxing
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1 district for the purpose of any limitation imposed by law.
2 (Source: P.A. 90-379, eff. 8-14-97; 91-261, eff. 7-23-99;
3 91-477, eff. 8-11-99; 91-478, eff. 11-1-99; 91-642, eff.
4 8-20-99; revised 10-14-99.)
5 Section 99. Effective date. This Act takes effect upon
6 becoming law.".