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| [ House Amendment 002 ] |
91_SB1451ham001
LRB9110178MWgcam02
1 AMENDMENT TO SENATE BILL 1451
2 AMENDMENT NO. . Amend Senate Bill 1451 on page 1,
3 lines 2 and 6, by replacing "Sections 8-8-3.5 and 11-74.6-22"
4 each time it appears with "Sections 8-8-3.5, 11-74.4-5, and
5 11-74.6-22"; and
6 on page 1, immediately below line 29, by inserting the
7 following:
8 "(65 ILCS 5/11-74.4-5) (from Ch. 24, par. 11-74.4-5)
9 Sec. 11-74.4-5. (a) The changes made by this amendatory
10 Act of the 91st General Assembly do not apply to a
11 municipality that, (i) before the effective date of this
12 amendatory Act of the 91st General Assembly, has adopted an
13 ordinance or resolution fixing a time and place for a public
14 hearing under this Section or (ii) before July 1, 1999, has
15 adopted an ordinance or resolution providing for a
16 feasibility study under Section 11-74.4-4.1, but has not yet
17 adopted an ordinance approving redevelopment plans and
18 redevelopment projects or designating redevelopment project
19 areas under Section 11-74.4-4, until after that municipality
20 adopts an ordinance approving redevelopment plans and
21 redevelopment projects or designating redevelopment project
22 areas under Section 11-74.4-4; thereafter the changes made by
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1 this amendatory Act of the 91st General Assembly apply to the
2 same extent that they apply to redevelopment plans and
3 redevelopment projects that were approved and redevelopment
4 projects that were designated before the effective date of
5 this amendatory Act of the 91st General Assembly.
6 Prior to the adoption of an ordinance proposing the
7 designation of a redevelopment project area, or approving a
8 redevelopment plan or redevelopment project, the municipality
9 by its corporate authorities, or as it may determine by any
10 commission designated under subsection (k) of Section
11 11-74.4-4 shall adopt an ordinance or resolution fixing a
12 time and place for public hearing. Prior to the adoption of
13 the ordinance or resolution establishing the time and place
14 for the public hearing, the municipality shall make available
15 for public inspection a redevelopment plan or a separate
16 report that provides in reasonable detail the basis for the
17 eligibility of the redevelopment project area. The report
18 along with the name of a person to contact for further
19 information shall be sent within a reasonable time after the
20 adoption of such ordinance or resolution to the affected
21 taxing districts by certified mail. On and after the
22 effective date of this amendatory Act of the 91st General
23 Assembly, the municipality shall print in a newspaper of
24 general circulation within the municipality a notice that
25 interested persons may register with the municipality in
26 order to receive information on the proposed designation of a
27 redevelopment project area or the approval of a redevelopment
28 plan. The notice shall state the place of registration and
29 the operating hours of that place. The municipality shall
30 have adopted reasonable rules to implement this registration
31 process under Section 11-74.4-4.2. Notice of the
32 availability of the redevelopment plan and eligibility
33 report, including how to obtain this information, shall also
34 be sent by mail within a reasonable time after the adoption
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1 of the ordinance or resolution to all residents within the
2 postal zip code area or areas contained in whole or in part
3 within the proposed redevelopment project area or
4 organizations that operate in the municipality that have
5 registered with the municipality for that information in
6 accordance with the registration guidelines established by
7 the municipality under Section 11-74.4-4.2.
8 At the public hearing any interested person or affected
9 taxing district may file with the municipal clerk written
10 objections to and may be heard orally in respect to any
11 issues embodied in the notice. The municipality shall hear
12 and determine all protests and objections at the hearing and
13 the hearing may be adjourned to another date without further
14 notice other than a motion to be entered upon the minutes
15 fixing the time and place of the subsequent hearing. At the
16 public hearing or at any time prior to the adoption by the
17 municipality of an ordinance approving a redevelopment plan,
18 the municipality may make changes in the redevelopment plan.
19 Changes which (1) add additional parcels of property to the
20 proposed redevelopment project area, (2) substantially affect
21 the general land uses proposed in the redevelopment plan, (3)
22 substantially change the nature of or extend the life of the
23 redevelopment project, or (4) increase the number of low or
24 very low income households to be displaced from the
25 redevelopment project area, provided that measured from the
26 time of creation of the redevelopment project area the total
27 displacement of the households will exceed 10, shall be made
28 only after the municipality gives notice, convenes a joint
29 review board, and conducts a public hearing pursuant to the
30 procedures set forth in this Section and in Section 11-74.4-6
31 of this Act. Changes which do not (1) add additional parcels
32 of property to the proposed redevelopment project area, (2)
33 substantially affect the general land uses proposed in the
34 redevelopment plan, (3) substantially change the nature of or
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1 extend the life of the redevelopment project, or (4) increase
2 the number of low or very low income households to be
3 displaced from the redevelopment project area, provided that
4 measured from the time of creation of the redevelopment
5 project area the total displacement of the households will
6 exceed 10, may be made without further hearing, provided that
7 the municipality shall give notice of any such changes by
8 mail to each affected taxing district and registrant on the
9 interested parties registry, provided for under Section
10 11-74.4-4.2, and by publication in a newspaper of general
11 circulation within the affected taxing district. Such notice
12 by mail and by publication shall each occur not later than 10
13 days following the adoption by ordinance of such changes.
14 Hearings with regard to a redevelopment project area, project
15 or plan may be held simultaneously.
16 (b) Prior to holding a public hearing to approve or
17 amend a redevelopment plan or to designate or add additional
18 parcels of property to a redevelopment project area, the
19 municipality shall convene a joint review board. The board
20 shall consist of a representative selected by each community
21 college district, local elementary school district and high
22 school district or each local community unit school district,
23 park district, library district, township, fire protection
24 district, and county that will have the authority to directly
25 levy taxes on the property within the proposed redevelopment
26 project area at the time that the proposed redevelopment
27 project area is approved, a representative selected by the
28 municipality and a public member. The public member shall
29 first be selected and then the board's chairperson shall be
30 selected by a majority of the board members present and
31 voting.
32 For redevelopment project areas with redevelopment plans
33 or proposed redevelopment plans that would result in the
34 displacement of residents from 10 or more inhabited
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1 residential units or that include 75 or more inhabited
2 residential units, the public member shall be a person who
3 resides in the redevelopment project area. If, as determined
4 by the housing impact study provided for in paragraph (5) of
5 subsection (n) of Section 11-74.4-3, or if no housing impact
6 study is required then based on other reasonable data, the
7 majority of residential units are occupied by very low, low,
8 or moderate income households, as defined in Section 3 of the
9 Illinois Affordable Housing Act, the public member shall be a
10 person who resides in very low, low, or moderate income
11 housing within the redevelopment project area.
12 Municipalities with fewer than 15,000 residents shall not be
13 required to select a person who lives in very low, low, or
14 moderate income housing within the redevelopment project
15 area, provided that the redevelopment plan or project will
16 not result in displacement of residents from 10 or more
17 inhabited units, and the municipality so certifies in the
18 plan. If no person satisfying these requirements is
19 available or if no qualified person will serve as the public
20 member, then the joint review board is relieved of this
21 paragraph's selection requirements for the public member.
22 Within 90 days of the effective date of this amendatory
23 Act of the 91st General Assembly, each municipality that
24 designated a redevelopment project area for which it was not
25 required to convene a joint review board under this Section
26 shall convene a joint review board to perform the duties
27 specified under paragraph (e) of this Section.
28 All board members shall be appointed and the first board
29 meeting held following at least 14 days after notice by the
30 municipality to all the taxing districts as required by
31 Section 11-74.4-6(c). Such notice shall also advise the
32 taxing bodies represented on the joint review board of the
33 time and place of the first meeting of the board. Additional
34 meetings of the board shall be held upon the call of any
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1 member. The municipality seeking designation of the
2 redevelopment project area shall provide administrative
3 support to the board.
4 The board shall review (i) the public record, planning
5 documents and proposed ordinances approving the redevelopment
6 plan and project and (ii) proposed amendments to the
7 redevelopment plan or additions of parcels of property to the
8 redevelopment project area to be adopted by the municipality.
9 As part of its deliberations, the board may hold additional
10 hearings on the proposal. A board's recommendation shall be
11 an advisory, non-binding recommendation. The recommendation
12 shall be adopted by a majority of those members present and
13 voting. The recommendations shall be submitted to the
14 municipality within 30 days after convening of the board.
15 Failure of the board to submit its report on a timely basis
16 shall not be cause to delay the public hearing or any other
17 step in the process of designating or amending the
18 redevelopment project area but shall be deemed to constitute
19 approval by the joint review board of the matters before it.
20 The board shall base its recommendation to approve or
21 disapprove the redevelopment plan and the designation of the
22 redevelopment project area or the amendment of the
23 redevelopment plan or addition of parcels of property to the
24 redevelopment project area on the basis of the redevelopment
25 project area and redevelopment plan satisfying the plan
26 requirements, the eligibility criteria defined in Section
27 11-74.4-3, and the objectives of this Act.
28 The board shall issue a written report describing why the
29 redevelopment plan and project area or the amendment thereof
30 meets or fails to meet one or more of the objectives of this
31 Act and both the plan requirements and the eligibility
32 criteria defined in Section 11-74.4-3. In the event the Board
33 does not file a report it shall be presumed that these taxing
34 bodies find the redevelopment project area and redevelopment
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1 plan satisfy the objectives of this Act and the plan
2 requirements and eligibility criteria.
3 If the board recommends rejection of the matters before
4 it, the municipality will have 30 days within which to
5 resubmit the plan or amendment. During this period, the
6 municipality will meet and confer with the board and attempt
7 to resolve those issues set forth in the board's written
8 report that lead to the rejection of the plan or amendment.
9 In the event that the municipality and the board are unable
10 to resolve these differences, or in the event that the
11 resubmitted plan or amendment is rejected by the board, the
12 municipality may proceed with the plan or amendment, but only
13 upon a three-fifths vote of the corporate authority
14 responsible for approval of the plan or amendment, excluding
15 positions of members that are vacant and those members that
16 are ineligible to vote because of conflicts of interest.
17 (c) After a municipality has by ordinance approved a
18 redevelopment plan and designated a redevelopment project
19 area, the plan may be amended and additional properties may
20 be added to the redevelopment project area only as herein
21 provided. Amendments which (1) add additional parcels of
22 property to the proposed redevelopment project area, (2)
23 substantially affect the general land uses proposed in the
24 redevelopment plan, (3) substantially change the nature of
25 the redevelopment project, (4) increase the total estimated
26 redevelopment project costs set out in the redevelopment plan
27 by more than 5% after adjustment for inflation from the date
28 the plan was adopted, (5) add additional redevelopment
29 project costs to the itemized list of redevelopment project
30 costs set out in the redevelopment plan, or (6) increase the
31 number of low or very low income households to be displaced
32 from the redevelopment project area, provided that measured
33 from the time of creation of the redevelopment project area
34 the total displacement of the households will exceed 10,
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1 shall be made only after the municipality gives notice,
2 convenes a joint review board, and conducts a public hearing
3 pursuant to the procedures set forth in this Section and in
4 Section 11-74.4-6 of this Act. Changes which do not (1) add
5 additional parcels of property to the proposed redevelopment
6 project area, (2) substantially affect the general land uses
7 proposed in the redevelopment plan, (3) substantially change
8 the nature of the redevelopment project, (4) increase the
9 total estimated redevelopment project cost set out in the
10 redevelopment plan by more than 5% after adjustment for
11 inflation from the date the plan was adopted, (5) add
12 additional redevelopment project costs to the itemized list
13 of redevelopment project costs set out in the redevelopment
14 plan, or (6) increase the number of low or very low income
15 households to be displaced from the redevelopment project
16 area, provided that measured from the time of creation of the
17 redevelopment project area the total displacement of the
18 households will exceed 10, may be made without further
19 hearing, provided that the municipality shall give notice of
20 any such changes by mail to each affected taxing district and
21 registrant on the interested parties registry, provided for
22 under Section 11-74.4-4.2, and by publication in a newspaper
23 of general circulation within the affected taxing district.
24 Such notice by mail and by publication shall each occur not
25 later than 10 days following the adoption by ordinance of
26 such changes.
27 (d) After the effective date of this amendatory Act of
28 the 91st General Assembly, a municipality shall submit the
29 following information for each redevelopment project area (i)
30 to the State Comptroller under Section 8-8-3.5 of the
31 Illinois Municipal Code and (ii) to all taxing districts
32 overlapping the redevelopment project area no later than 180
33 days after the close of each municipal fiscal year or as soon
34 thereafter as the audited financial statements become
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1 available and, in any case, shall be submitted before the
2 annual meeting of the Joint Review Board to each of the
3 taxing districts that overlap the redevelopment project area:
4 (1) Any amendments to the redevelopment plan, the
5 redevelopment project area, or the State Sales Tax
6 Boundary.
7 (1.5) A list of the redevelopment project areas
8 administered by the municipality and, if applicable, the
9 date each redevelopment project area was designated or
10 terminated by the municipality.
11 (2) Audited financial statements of the special tax
12 allocation fund once a cumulative total of $100,000 has
13 been deposited in the fund.
14 (3) Certification of the Chief Executive Officer of
15 the municipality that the municipality has complied with
16 all of the requirements of this Act during the preceding
17 fiscal year.
18 (4) An opinion of legal counsel that the
19 municipality is in compliance with this Act.
20 (5) An analysis of the special tax allocation fund
21 which sets forth:
22 (A) the balance in the special tax allocation
23 fund at the beginning of the fiscal year;
24 (B) all amounts deposited in the special tax
25 allocation fund by source;
26 (C) an itemized list of all expenditures from
27 the special tax allocation fund by category of
28 permissible redevelopment project cost; and
29 (D) the balance in the special tax allocation
30 fund at the end of the fiscal year including a
31 breakdown of that balance by source and a breakdown
32 of that balance identifying any portion of the
33 balance that is required, pledged, earmarked, or
34 otherwise designated for payment of or securing of
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1 obligations and anticipated redevelopment project
2 costs. Any portion of such ending balance that has
3 not been identified or is not identified as being
4 required, pledged, earmarked, or otherwise
5 designated for payment of or securing of obligations
6 or anticipated redevelopment projects costs shall be
7 designated as surplus as set forth in Section
8 11-74.4-7 hereof.
9 (6) A description of all property purchased by the
10 municipality within the redevelopment project area
11 including:
12 (A) Street address.
13 (B) Approximate size or description of
14 property.
15 (C) Purchase price.
16 (D) Seller of property.
17 (7) A statement setting forth all activities
18 undertaken in furtherance of the objectives of the
19 redevelopment plan, including:
20 (A) Any project implemented in the preceding
21 fiscal year.
22 (B) A description of the redevelopment
23 activities undertaken.
24 (C) A description of any agreements entered
25 into by the municipality with regard to the
26 disposition or redevelopment of any property within
27 the redevelopment project area or the area within
28 the State Sales Tax Boundary.
29 (D) Additional information on the use of all
30 funds received under this Division and steps taken
31 by the municipality to achieve the objectives of the
32 redevelopment plan.
33 (E) Information regarding contracts that the
34 municipality's tax increment advisors or consultants
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1 have entered into with entities or persons that have
2 received, or are receiving, payments financed by tax
3 increment revenues produced by the same
4 redevelopment project area.
5 (F) Any reports submitted to the municipality
6 by the joint review board.
7 (G) A review of public and, to the extent
8 possible, private investment actually undertaken to
9 date after the effective date of this amendatory Act
10 of the 91st General Assembly and estimated to be
11 undertaken during the following year. This review
12 shall, on a project-by-project basis, set forth the
13 estimated amounts of public and private investment
14 incurred after the effective date of this amendatory
15 Act of the 91st General Assembly and provide the
16 ratio of private investment to public investment to
17 the date of the report and as estimated to the
18 completion of the redevelopment project.
19 (8) With regard to any obligations issued by the
20 municipality:
21 (A) copies of any official statements; and
22 (B) an analysis prepared by financial advisor
23 or underwriter setting forth: (i) nature and term of
24 obligation; and (ii) projected debt service
25 including required reserves and debt coverage.
26 (9) For special tax allocation funds that have
27 experienced cumulative deposits of incremental tax
28 revenues of $100,000 or more, a certified audit report
29 reviewing compliance with this Act performed by an
30 independent public accountant certified and licensed by
31 the authority of the State of Illinois. The financial
32 portion of the audit must be conducted in accordance with
33 Standards for Audits of Governmental Organizations,
34 Programs, Activities, and Functions adopted by the
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1 Comptroller General of the United States (1981), as
2 amended, or the contents specified by Section 8-8-5 of
3 the Illinois Municipal Auditing Law of the Illinois
4 Municipal Code. The audit report shall contain a letter
5 from the independent certified public accountant
6 indicating compliance or noncompliance with the
7 requirements of subsection (q) of Section 11-74.4-3. For
8 redevelopment plans or projects that would result in the
9 displacement of residents from 10 or more inhabited
10 residential units or that contain 75 or more inhabited
11 residential units, notice of the availability of the
12 information, including how to obtain the report, required
13 in this subsection shall also be sent by mail to all
14 residents or organizations that operate in the
15 municipality that register with the municipality for that
16 information according to registration procedures adopted
17 under Section 11-74.4-4.2. All municipalities are
18 subject to this provision.
19 (d-1) Prior to the effective date of this amendatory Act
20 of the 91st General Assembly, municipalities with populations
21 of over 1,000,000 shall, after adoption of a redevelopment
22 plan or project, make available upon request to any taxing
23 district in which the redevelopment project area is located
24 the following information:
25 (1) Any amendments to the redevelopment plan, the
26 redevelopment project area, or the State Sales Tax
27 Boundary; and
28 (2) In connection with any redevelopment project
29 area for which the municipality has outstanding
30 obligations issued to provide for redevelopment project
31 costs pursuant to Section 11-74.4-7, audited financial
32 statements of the special tax allocation fund.
33 (e) The joint review board shall meet annually 180 days
34 after the close of the municipal fiscal year or as soon as
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1 the redevelopment project audit for that fiscal year becomes
2 available to review the effectiveness and status of the
3 redevelopment project area up to that date.
4 (f) (Blank).
5 (g) In the event that a municipality has held a public
6 hearing under this Section prior to March 14, 1994 (the
7 effective date of Public Act 88-537), the requirements
8 imposed by Public Act 88-537 relating to the method of fixing
9 the time and place for public hearing, the materials and
10 information required to be made available for public
11 inspection, and the information required to be sent after
12 adoption of an ordinance or resolution fixing a time and
13 place for public hearing shall not be applicable.
14 (Source: P.A. 91-357, eff. 7-29-99; 91-478, eff. 11-1-99.)";
15 and
16 on page 9, line 2, after "amended", by inserting ", or the
17 contents specified by Section 8-8-5 of the Illinois Municipal
18 Auditing Law of the Illinois Municipal Code".