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92_SB1809eng SB1809 Engrossed SRS92SB0069NCap 1 AN ACT in relation to taxes. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Municipal Code is amended by 5 changing Sections 11-74.4-3 and 11-74.4-7 as follows: 6 (65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3) 7 Sec. 11-74.4-3. Definitions. The following terms, 8 wherever used or referred to in this Division 74.4 shall have 9 the following respective meanings, unless in any case a 10 different meaning clearly appears from the context. 11 (a) For any redevelopment project area that has been 12 designated pursuant to this Section by an ordinance adopted 13 prior to November 1, 1999 (the effective date of Public Act 14 91-478), "blighted area" shall have the meaning set forth in 15 this Section prior to that date. 16 On and after November 1, 1999, "blighted area" means any 17 improved or vacant area within the boundaries of a 18 redevelopment project area located within the territorial 19 limits of the municipality where: 20 (1) If improved, industrial, commercial, and 21 residential buildings or improvements are detrimental to 22 the public safety, health, or welfare because of a 23 combination of 5 or more of the following factors, each 24 of which is (i) present, with that presence documented, 25 to a meaningful extent so that a municipality may 26 reasonably find that the factor is clearly present within 27 the intent of the Act and (ii) reasonably distributed 28 throughout the improved part of the redevelopment project 29 area: 30 (A) Dilapidation. An advanced state of 31 disrepair or neglect of necessary repairs to the SB1809 Engrossed -2- SRS92SB0069NCap 1 primary structural components of buildings or 2 improvements in such a combination that a documented 3 building condition analysis determines that major 4 repair is required or the defects are so serious and 5 so extensive that the buildings must be removed. 6 (B) Obsolescence. The condition or process of 7 falling into disuse. Structures have become 8 ill-suited for the original use. 9 (C) Deterioration. With respect to buildings, 10 defects including, but not limited to, major defects 11 in the secondary building components such as doors, 12 windows, porches, gutters and downspouts, and 13 fascia. With respect to surface improvements, that 14 the condition of roadways, alleys, curbs, gutters, 15 sidewalks, off-street parking, and surface storage 16 areas evidence deterioration, including, but not 17 limited to, surface cracking, crumbling, potholes, 18 depressions, loose paving material, and weeds 19 protruding through paved surfaces. 20 (D) Presence of structures below minimum code 21 standards. All structures that do not meet the 22 standards of zoning, subdivision, building, fire, 23 and other governmental codes applicable to property, 24 but not including housing and property maintenance 25 codes. 26 (E) Illegal use of individual structures. The 27 use of structures in violation of applicable 28 federal, State, or local laws, exclusive of those 29 applicable to the presence of structures below 30 minimum code standards. 31 (F) Excessive vacancies. The presence of 32 buildings that are unoccupied or under-utilized and 33 that represent an adverse influence on the area 34 because of the frequency, extent, or duration of the SB1809 Engrossed -3- SRS92SB0069NCap 1 vacancies. 2 (G) Lack of ventilation, light, or sanitary 3 facilities. The absence of adequate ventilation for 4 light or air circulation in spaces or rooms without 5 windows, or that require the removal of dust, odor, 6 gas, smoke, or other noxious airborne materials. 7 Inadequate natural light and ventilation means the 8 absence of skylights or windows for interior spaces 9 or rooms and improper window sizes and amounts by 10 room area to window area ratios. Inadequate 11 sanitary facilities refers to the absence or 12 inadequacy of garbage storage and enclosure, 13 bathroom facilities, hot water and kitchens, and 14 structural inadequacies preventing ingress and 15 egress to and from all rooms and units within a 16 building. 17 (H) Inadequate utilities. Underground and 18 overhead utilities such as storm sewers and storm 19 drainage, sanitary sewers, water lines, and gas, 20 telephone, and electrical services that are shown to 21 be inadequate. Inadequate utilities are those that 22 are: (i) of insufficient capacity to serve the uses 23 in the redevelopment project area, (ii) 24 deteriorated, antiquated, obsolete, or in disrepair, 25 or (iii) lacking within the redevelopment project 26 area. 27 (I) Excessive land coverage and overcrowding 28 of structures and community facilities. The 29 over-intensive use of property and the crowding of 30 buildings and accessory facilities onto a site. 31 Examples of problem conditions warranting the 32 designation of an area as one exhibiting excessive 33 land coverage are: (i) the presence of buildings 34 either improperly situated on parcels or located on SB1809 Engrossed -4- SRS92SB0069NCap 1 parcels of inadequate size and shape in relation to 2 present-day standards of development for health and 3 safety and (ii) the presence of multiple buildings 4 on a single parcel. For there to be a finding of 5 excessive land coverage, these parcels must exhibit 6 one or more of the following conditions: 7 insufficient provision for light and air within or 8 around buildings, increased threat of spread of fire 9 due to the close proximity of buildings, lack of 10 adequate or proper access to a public right-of-way, 11 lack of reasonably required off-street parking, or 12 inadequate provision for loading and service. 13 (J) Deleterious land use or layout. The 14 existence of incompatible land-use relationships, 15 buildings occupied by inappropriate mixed-uses, or 16 uses considered to be noxious, offensive, or 17 unsuitable for the surrounding area. 18 (K) Environmental clean-up. The proposed 19 redevelopment project area has incurred Illinois 20 Environmental Protection Agency or United States 21 Environmental Protection Agency remediation costs 22 for, or a study conducted by an independent 23 consultant recognized as having expertise in 24 environmental remediation has determined a need for, 25 the clean-up of hazardous waste, hazardous 26 substances, or underground storage tanks required by 27 State or federal law, provided that the remediation 28 costs constitute a material impediment to the 29 development or redevelopment of the redevelopment 30 project area. 31 (L) Lack of community planning. The proposed 32 redevelopment project area was developed prior to or 33 without the benefit or guidance of a community plan. 34 This means that the development occurred prior to SB1809 Engrossed -5- SRS92SB0069NCap 1 the adoption by the municipality of a comprehensive 2 or other community plan or that the plan was not 3 followed at the time of the area's development. 4 This factor must be documented by evidence of 5 adverse or incompatible land-use relationships, 6 inadequate street layout, improper subdivision, 7 parcels of inadequate shape and size to meet 8 contemporary development standards, or other 9 evidence demonstrating an absence of effective 10 community planning. 11 (M) The total equalized assessed value of the 12 proposed redevelopment project area has declined for 13 3 of the last 5 calendar years prior to the year in 14 which the redevelopment project area is designated 15 or is increasing at an annual rate that is less than 16 the balance of the municipality for 3 of the last 5 17 calendar years for which information is available or 18 is increasing at an annual rate that is less than 19 the Consumer Price Index for All Urban Consumers 20 published by the United States Department of Labor 21 or successor agency for 3 of the last 5 calendar 22 years prior to the year in which the redevelopment 23 project area is designated. 24 (2) If vacant, the sound growth of the 25 redevelopment project area is impaired by a combination 26 of 2 or more of the following factors, each of which is 27 (i) present, with that presence documented, to a 28 meaningful extent so that a municipality may reasonably 29 find that the factor is clearly present within the intent 30 of the Act and (ii) reasonably distributed throughout the 31 vacant part of the redevelopment project area to which it 32 pertains: 33 (A) Obsolete platting of vacant land that 34 results in parcels of limited or narrow size or SB1809 Engrossed -6- SRS92SB0069NCap 1 configurations of parcels of irregular size or shape 2 that would be difficult to develop on a planned 3 basis and in a manner compatible with contemporary 4 standards and requirements, or platting that failed 5 to create rights-of-ways for streets or alleys or 6 that created inadequate right-of-way widths for 7 streets, alleys, or other public rights-of-way or 8 that omitted easements for public utilities. 9 (B) Diversity of ownership of parcels of 10 vacant land sufficient in number to retard or impede 11 the ability to assemble the land for development. 12 (C) Tax and special assessment delinquencies 13 exist or the property has been the subject of tax 14 sales under the Property Tax Code within the last 5 15 years. 16 (D) Deterioration of structures or site 17 improvements in neighboring areas adjacent to the 18 vacant land. 19 (E) The area has incurred Illinois 20 Environmental Protection Agency or United States 21 Environmental Protection Agency remediation costs 22 for, or a study conducted by an independent 23 consultant recognized as having expertise in 24 environmental remediation has determined a need for, 25 the clean-up of hazardous waste, hazardous 26 substances, or underground storage tanks required by 27 State or federal law, provided that the remediation 28 costs constitute a material impediment to the 29 development or redevelopment of the redevelopment 30 project area. 31 (F) The total equalized assessed value of the 32 proposed redevelopment project area has declined for 33 3 of the last 5 calendar years prior to the year in 34 which the redevelopment project area is designated SB1809 Engrossed -7- SRS92SB0069NCap 1 or is increasing at an annual rate that is less than 2 the balance of the municipality for 3 of the last 5 3 calendar years for which information is available or 4 is increasing at an annual rate that is less than 5 the Consumer Price Index for All Urban Consumers 6 published by the United States Department of Labor 7 or successor agency for 3 of the last 5 calendar 8 years prior to the year in which the redevelopment 9 project area is designated. 10 (3) If vacant, the sound growth of the 11 redevelopment project area is impaired by one of the 12 following factors that (i) is present, with that presence 13 documented, to a meaningful extent so that a municipality 14 may reasonably find that the factor is clearly present 15 within the intent of the Act and (ii) is reasonably 16 distributed throughout the vacant part of the 17 redevelopment project area to which it pertains: 18 (A) The area consists of one or more unused 19 quarries, mines, or strip mine ponds. 20 (B) The area consists of unused railyards, 21 rail tracks, or railroad rights-of-way. 22 (C) The area, prior to its designation, is 23 subject to chronic flooding that adversely impacts 24 on real property in the area as certified by a 25 registered professional engineer or appropriate 26 regulatory agency. 27 (D) The area consists of an unused or illegal 28 disposal site containing earth, stone, building 29 debris, or similar materials that were removed from 30 construction, demolition, excavation, or dredge 31 sites. 32 (E) Prior to November 1, 1999, the area is not 33 less than 50 nor more than 100 acres and 75% of 34 which is vacant (notwithstanding that the area has SB1809 Engrossed -8- SRS92SB0069NCap 1 been used for commercial agricultural purposes 2 within 5 years prior to the designation of the 3 redevelopment project area), and the area meets at 4 least one of the factors itemized in paragraph (1) 5 of this subsection, the area has been designated as 6 a town or village center by ordinance or 7 comprehensive plan adopted prior to January 1, 1982, 8 and the area has not been developed for that 9 designated purpose. 10 (F) The area qualified as a blighted improved 11 area immediately prior to becoming vacant, unless 12 there has been substantial private investment in the 13 immediately surrounding area. 14 (b) For any redevelopment project area that has been 15 designated pursuant to this Section by an ordinance adopted 16 prior to November 1, 1999 (the effective date of Public Act 17 91-478), "conservation area" shall have the meaning set forth 18 in this Section prior to that date. 19 On and after November 1, 1999, "conservation area" means 20 any improved area within the boundaries of a redevelopment 21 project area located within the territorial limits of the 22 municipality in which 50% or more of the structures in the 23 area have an age of 35 years or more. Such an area is not 24 yet a blighted area but because of a combination of 3 or more 25 of the following factors is detrimental to the public safety, 26 health, morals or welfare and such an area may become a 27 blighted area: 28 (1) Dilapidation. An advanced state of disrepair 29 or neglect of necessary repairs to the primary structural 30 components of buildings or improvements in such a 31 combination that a documented building condition analysis 32 determines that major repair is required or the defects 33 are so serious and so extensive that the buildings must 34 be removed. SB1809 Engrossed -9- SRS92SB0069NCap 1 (2) Obsolescence. The condition or process of 2 falling into disuse. Structures have become ill-suited 3 for the original use. 4 (3) Deterioration. With respect to buildings, 5 defects including, but not limited to, major defects in 6 the secondary building components such as doors, windows, 7 porches, gutters and downspouts, and fascia. With 8 respect to surface improvements, that the condition of 9 roadways, alleys, curbs, gutters, sidewalks, off-street 10 parking, and surface storage areas evidence 11 deterioration, including, but not limited to, surface 12 cracking, crumbling, potholes, depressions, loose paving 13 material, and weeds protruding through paved surfaces. 14 (4) Presence of structures below minimum code 15 standards. All structures that do not meet the standards 16 of zoning, subdivision, building, fire, and other 17 governmental codes applicable to property, but not 18 including housing and property maintenance codes. 19 (5) Illegal use of individual structures. The use 20 of structures in violation of applicable federal, State, 21 or local laws, exclusive of those applicable to the 22 presence of structures below minimum code standards. 23 (6) Excessive vacancies. The presence of buildings 24 that are unoccupied or under-utilized and that represent 25 an adverse influence on the area because of the 26 frequency, extent, or duration of the vacancies. 27 (7) Lack of ventilation, light, or sanitary 28 facilities. The absence of adequate ventilation for 29 light or air circulation in spaces or rooms without 30 windows, or that require the removal of dust, odor, gas, 31 smoke, or other noxious airborne materials. Inadequate 32 natural light and ventilation means the absence or 33 inadequacy of skylights or windows for interior spaces or 34 rooms and improper window sizes and amounts by room area SB1809 Engrossed -10- SRS92SB0069NCap 1 to window area ratios. Inadequate sanitary facilities 2 refers to the absence or inadequacy of garbage storage 3 and enclosure, bathroom facilities, hot water and 4 kitchens, and structural inadequacies preventing ingress 5 and egress to and from all rooms and units within a 6 building. 7 (8) Inadequate utilities. Underground and overhead 8 utilities such as storm sewers and storm drainage, 9 sanitary sewers, water lines, and gas, telephone, and 10 electrical services that are shown to be inadequate. 11 Inadequate utilities are those that are: (i) of 12 insufficient capacity to serve the uses in the 13 redevelopment project area, (ii) deteriorated, 14 antiquated, obsolete, or in disrepair, or (iii) lacking 15 within the redevelopment project area. 16 (9) Excessive land coverage and overcrowding of 17 structures and community facilities. The over-intensive 18 use of property and the crowding of buildings and 19 accessory facilities onto a site. Examples of problem 20 conditions warranting the designation of an area as one 21 exhibiting excessive land coverage are: the presence of 22 buildings either improperly situated on parcels or 23 located on parcels of inadequate size and shape in 24 relation to present-day standards of development for 25 health and safety and the presence of multiple buildings 26 on a single parcel. For there to be a finding of 27 excessive land coverage, these parcels must exhibit one 28 or more of the following conditions: insufficient 29 provision for light and air within or around buildings, 30 increased threat of spread of fire due to the close 31 proximity of buildings, lack of adequate or proper access 32 to a public right-of-way, lack of reasonably required 33 off-street parking, or inadequate provision for loading 34 and service. SB1809 Engrossed -11- SRS92SB0069NCap 1 (10) Deleterious land use or layout. The existence 2 of incompatible land-use relationships, buildings 3 occupied by inappropriate mixed-uses, or uses considered 4 to be noxious, offensive, or unsuitable for the 5 surrounding area. 6 (11) Lack of community planning. The proposed 7 redevelopment project area was developed prior to or 8 without the benefit or guidance of a community plan. This 9 means that the development occurred prior to the adoption 10 by the municipality of a comprehensive or other community 11 plan or that the plan was not followed at the time of the 12 area's development. This factor must be documented by 13 evidence of adverse or incompatible land-use 14 relationships, inadequate street layout, improper 15 subdivision, parcels of inadequate shape and size to meet 16 contemporary development standards, or other evidence 17 demonstrating an absence of effective community planning. 18 (12) The area has incurred Illinois Environmental 19 Protection Agency or United States Environmental 20 Protection Agency remediation costs for, or a study 21 conducted by an independent consultant recognized as 22 having expertise in environmental remediation has 23 determined a need for, the clean-up of hazardous waste, 24 hazardous substances, or underground storage tanks 25 required by State or federal law, provided that the 26 remediation costs constitute a material impediment to the 27 development or redevelopment of the redevelopment project 28 area. 29 (13) The total equalized assessed value of the 30 proposed redevelopment project area has declined for 3 of 31 the last 5 calendar years for which information is 32 available or is increasing at an annual rate that is less 33 than the balance of the municipality for 3 of the last 5 34 calendar years for which information is available or is SB1809 Engrossed -12- SRS92SB0069NCap 1 increasing at an annual rate that is less than the 2 Consumer Price Index for All Urban Consumers published by 3 the United States Department of Labor or successor agency 4 for 3 of the last 5 calendar years for which information 5 is available. 6 (c) "Industrial park" means an area in a blighted or 7 conservation area suitable for use by any manufacturing, 8 industrial, research or transportation enterprise, of 9 facilities to include but not be limited to factories, mills, 10 processing plants, assembly plants, packing plants, 11 fabricating plants, industrial distribution centers, 12 warehouses, repair overhaul or service facilities, freight 13 terminals, research facilities, test facilities or railroad 14 facilities. 15 (d) "Industrial park conservation area" means an area 16 within the boundaries of a redevelopment project area located 17 within the territorial limits of a municipality that is a 18 labor surplus municipality or within 1 1/2 miles of the 19 territorial limits of a municipality that is a labor surplus 20 municipality if the area is annexed to the municipality; 21 which area is zoned as industrial no later than at the time 22 the municipality by ordinance designates the redevelopment 23 project area, and which area includes both vacant land 24 suitable for use as an industrial park and a blighted area or 25 conservation area contiguous to such vacant land. 26 (e) "Labor surplus municipality" means a municipality in 27 which, at any time during the 6 months before the 28 municipality by ordinance designates an industrial park 29 conservation area, the unemployment rate was over 6% and was 30 also 100% or more of the national average unemployment rate 31 for that same time as published in the United States 32 Department of Labor Bureau of Labor Statistics publication 33 entitled "The Employment Situation" or its successor 34 publication. For the purpose of this subsection, if SB1809 Engrossed -13- SRS92SB0069NCap 1 unemployment rate statistics for the municipality are not 2 available, the unemployment rate in the municipality shall be 3 deemed to be the same as the unemployment rate in the 4 principal county in which the municipality is located. 5 (f) "Municipality" shall mean a city, village or 6 incorporated town. 7 (g) "Initial Sales Tax Amounts" means the amount of 8 taxes paid under the Retailers' Occupation Tax Act, Use Tax 9 Act, Service Use Tax Act, the Service Occupation Tax Act, the 10 Municipal Retailers' Occupation Tax Act, and the Municipal 11 Service Occupation Tax Act by retailers and servicemen on 12 transactions at places located in a State Sales Tax Boundary 13 during the calendar year 1985. 14 (g-1) "Revised Initial Sales Tax Amounts" means the 15 amount of taxes paid under the Retailers' Occupation Tax Act, 16 Use Tax Act, Service Use Tax Act, the Service Occupation Tax 17 Act, the Municipal Retailers' Occupation Tax Act, and the 18 Municipal Service Occupation Tax Act by retailers and 19 servicemen on transactions at places located within the State 20 Sales Tax Boundary revised pursuant to Section 11-74.4-8a(9) 21 of this Act. 22 (h) "Municipal Sales Tax Increment" means an amount 23 equal to the increase in the aggregate amount of taxes paid 24 to a municipality from the Local Government Tax Fund arising 25 from sales by retailers and servicemen within the 26 redevelopment project area or State Sales Tax Boundary, as 27 the case may be, for as long as the redevelopment project 28 area or State Sales Tax Boundary, as the case may be, exist 29 over and above the aggregate amount of taxes as certified by 30 the Illinois Department of Revenue and paid under the 31 Municipal Retailers' Occupation Tax Act and the Municipal 32 Service Occupation Tax Act by retailers and servicemen, on 33 transactions at places of business located in the 34 redevelopment project area or State Sales Tax Boundary, as SB1809 Engrossed -14- SRS92SB0069NCap 1 the case may be, during the base year which shall be the 2 calendar year immediately prior to the year in which the 3 municipality adopted tax increment allocation financing. For 4 purposes of computing the aggregate amount of such taxes for 5 base years occurring prior to 1985, the Department of Revenue 6 shall determine the Initial Sales Tax Amounts for such taxes 7 and deduct therefrom an amount equal to 4% of the aggregate 8 amount of taxes per year for each year the base year is prior 9 to 1985, but not to exceed a total deduction of 12%. The 10 amount so determined shall be known as the "Adjusted Initial 11 Sales Tax Amounts". For purposes of determining the 12 Municipal Sales Tax Increment, the Department of Revenue 13 shall for each period subtract from the amount paid to the 14 municipality from the Local Government Tax Fund arising from 15 sales by retailers and servicemen on transactions located in 16 the redevelopment project area or the State Sales Tax 17 Boundary, as the case may be, the certified Initial Sales Tax 18 Amounts, the Adjusted Initial Sales Tax Amounts or the 19 Revised Initial Sales Tax Amounts for the Municipal 20 Retailers' Occupation Tax Act and the Municipal Service 21 Occupation Tax Act. For the State Fiscal Year 1989, this 22 calculation shall be made by utilizing the calendar year 1987 23 to determine the tax amounts received. For the State Fiscal 24 Year 1990, this calculation shall be made by utilizing the 25 period from January 1, 1988, until September 30, 1988, to 26 determine the tax amounts received from retailers and 27 servicemen pursuant to the Municipal Retailers' Occupation 28 Tax and the Municipal Service Occupation Tax Act, which shall 29 have deducted therefrom nine-twelfths of the certified 30 Initial Sales Tax Amounts, the Adjusted Initial Sales Tax 31 Amounts or the Revised Initial Sales Tax Amounts as 32 appropriate. For the State Fiscal Year 1991, this calculation 33 shall be made by utilizing the period from October 1, 1988, 34 to June 30, 1989, to determine the tax amounts received from SB1809 Engrossed -15- SRS92SB0069NCap 1 retailers and servicemen pursuant to the Municipal Retailers' 2 Occupation Tax and the Municipal Service Occupation Tax Act 3 which shall have deducted therefrom nine-twelfths of the 4 certified Initial Sales Tax Amounts, Adjusted Initial Sales 5 Tax Amounts or the Revised Initial Sales Tax Amounts as 6 appropriate. For every State Fiscal Year thereafter, the 7 applicable period shall be the 12 months beginning July 1 and 8 ending June 30 to determine the tax amounts received which 9 shall have deducted therefrom the certified Initial Sales Tax 10 Amounts, the Adjusted Initial Sales Tax Amounts or the 11 Revised Initial Sales Tax Amounts, as the case may be. 12 (i) "Net State Sales Tax Increment" means the sum of the 13 following: (a) 80% of the first $100,000 of State Sales Tax 14 Increment annually generated within a State Sales Tax 15 Boundary; (b) 60% of the amount in excess of $100,000 but not 16 exceeding $500,000 of State Sales Tax Increment annually 17 generated within a State Sales Tax Boundary; and (c) 40% of 18 all amounts in excess of $500,000 of State Sales Tax 19 Increment annually generated within a State Sales Tax 20 Boundary. If, however, a municipality established a tax 21 increment financing district in a county with a population in 22 excess of 3,000,000 before January 1, 1986, and the 23 municipality entered into a contract or issued bonds after 24 January 1, 1986, but before December 31, 1986, to finance 25 redevelopment project costs within a State Sales Tax 26 Boundary, then the Net State Sales Tax Increment means, for 27 the fiscal years beginning July 1, 1990, and July 1, 1991, 28 100% of the State Sales Tax Increment annually generated 29 within a State Sales Tax Boundary; and notwithstanding any 30 other provision of this Act, for those fiscal years the 31 Department of Revenue shall distribute to those 32 municipalities 100% of their Net State Sales Tax Increment 33 before any distribution to any other municipality and 34 regardless of whether or not those other municipalities will SB1809 Engrossed -16- SRS92SB0069NCap 1 receive 100% of their Net State Sales Tax Increment. For 2 Fiscal Year 1999, and every year thereafter until the year 3 2007, for any municipality that has not entered into a 4 contract or has not issued bonds prior to June 1, 1988 to 5 finance redevelopment project costs within a State Sales Tax 6 Boundary, the Net State Sales Tax Increment shall be 7 calculated as follows: By multiplying the Net State Sales Tax 8 Increment by 90% in the State Fiscal Year 1999; 80% in the 9 State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 10 60% in the State Fiscal Year 2002; 50% in the State Fiscal 11 Year 2003; 40% in the State Fiscal Year 2004; 30% in the 12 State Fiscal Year 2005; 20% in the State Fiscal Year 2006; 13 and 10% in the State Fiscal Year 2007. No payment shall be 14 made for State Fiscal Year 2008 and thereafter. 15 Municipalities that issued bonds in connection with a 16 redevelopment project in a redevelopment project area within 17 the State Sales Tax Boundary prior to July 29, 1991, or that 18 entered into contracts in connection with a redevelopment 19 project in a redevelopment project area before June 1, 1988, 20 shall continue to receive their proportional share of the 21 Illinois Tax Increment Fund distribution until the date on 22 which the redevelopment project is completed or terminated. 23 If, however, a municipality that issued bonds in connection 24 with a redevelopment project in a redevelopment project area 25 within the State Sales Tax Boundary prior to July 29, 1991 26 retires the bonds prior to June 30, 2007 or a municipality 27 that entered into contracts in connection with a 28 redevelopment project in a redevelopment project area before 29 June 1, 1988 completes the contracts prior to June 30, 2007, 30 then so long as the redevelopment project is not completed or 31 is not terminated, the Net State Sales Tax Increment shall be 32 calculated, beginning on the date on which the bonds are 33 retired or the contracts are completed, as follows: By 34 multiplying the Net State Sales Tax Increment by 60% in the SB1809 Engrossed -17- SRS92SB0069NCap 1 State Fiscal Year 2002; 50% in the State Fiscal Year 2003; 2 40% in the State Fiscal Year 2004; 30% in the State Fiscal 3 Year 2005; 20% in the State Fiscal Year 2006; and 10% in the 4 State Fiscal Year 2007. No payment shall be made for State 5 Fiscal Year 2008 and thereafter. Refunding of any bonds 6 issued prior to July 29, 1991, shall not alter the Net State 7 Sales Tax Increment. 8 (j) "State Utility Tax Increment Amount" means an amount 9 equal to the aggregate increase in State electric and gas tax 10 charges imposed on owners and tenants, other than residential 11 customers, of properties located within the redevelopment 12 project area under Section 9-222 of the Public Utilities Act, 13 over and above the aggregate of such charges as certified by 14 the Department of Revenue and paid by owners and tenants, 15 other than residential customers, of properties within the 16 redevelopment project area during the base year, which shall 17 be the calendar year immediately prior to the year of the 18 adoption of the ordinance authorizing tax increment 19 allocation financing. 20 (k) "Net State Utility Tax Increment" means the sum of 21 the following: (a) 80% of the first $100,000 of State Utility 22 Tax Increment annually generated by a redevelopment project 23 area; (b) 60% of the amount in excess of $100,000 but not 24 exceeding $500,000 of the State Utility Tax Increment 25 annually generated by a redevelopment project area; and (c) 26 40% of all amounts in excess of $500,000 of State Utility Tax 27 Increment annually generated by a redevelopment project area. 28 For the State Fiscal Year 1999, and every year thereafter 29 until the year 2007, for any municipality that has not 30 entered into a contract or has not issued bonds prior to June 31 1, 1988 to finance redevelopment project costs within a 32 redevelopment project area, the Net State Utility Tax 33 Increment shall be calculated as follows: By multiplying the 34 Net State Utility Tax Increment by 90% in the State Fiscal SB1809 Engrossed -18- SRS92SB0069NCap 1 Year 1999; 80% in the State Fiscal Year 2000; 70% in the 2 State Fiscal Year 2001; 60% in the State Fiscal Year 2002; 3 50% in the State Fiscal Year 2003; 40% in the State Fiscal 4 Year 2004; 30% in the State Fiscal Year 2005; 20% in the 5 State Fiscal Year 2006; and 10% in the State Fiscal Year 6 2007. No payment shall be made for the State Fiscal Year 2008 7 and thereafter. 8 Municipalities that issue bonds in connection with the 9 redevelopment project during the period from June 1, 1988 10 until 3 years after the effective date of this Amendatory Act 11 of 1988 shall receive the Net State Utility Tax Increment, 12 subject to appropriation, for 15 State Fiscal Years after the 13 issuance of such bonds. For the 16th through the 20th State 14 Fiscal Years after issuance of the bonds, the Net State 15 Utility Tax Increment shall be calculated as follows: By 16 multiplying the Net State Utility Tax Increment by 90% in 17 year 16; 80% in year 17; 70% in year 18; 60% in year 19; and 18 50% in year 20. Refunding of any bonds issued prior to June 19 1, 1988, shall not alter the revised Net State Utility Tax 20 Increment payments set forth above. 21 (l) "Obligations" mean bonds, loans, debentures, notes, 22 special certificates or other evidence of indebtedness issued 23 by the municipality to carry out a redevelopment project or 24 to refund outstanding obligations. 25 (m) "Payment in lieu of taxes" means those estimated tax 26 revenues from real property in a redevelopment project area 27 derived from real property that has been acquired by a 28 municipality which according to the redevelopment project or 29 plan is to be used for a private use which taxing districts 30 would have received had a municipality not acquired the real 31 property and adopted tax increment allocation financing and 32 which would result from levies made after the time of the 33 adoption of tax increment allocation financing to the time 34 the current equalized value of real property in the SB1809 Engrossed -19- SRS92SB0069NCap 1 redevelopment project area exceeds the total initial 2 equalized value of real property in said area. 3 (n) "Redevelopment plan" means the comprehensive program 4 of the municipality for development or redevelopment intended 5 by the payment of redevelopment project costs to reduce or 6 eliminate those conditions the existence of which qualified 7 the redevelopment project area as a "blighted area" or 8 "conservation area" or combination thereof or "industrial 9 park conservation area," and thereby to enhance the tax bases 10 of the taxing districts which extend into the redevelopment 11 project area. On and after November 1, 1999 (the effective 12 date of Public Act 91-478), no redevelopment plan may be 13 approved or amended that includes the development of vacant 14 land (i) with a golf course and related clubhouse and other 15 facilities or (ii) designated by federal, State, county, or 16 municipal government as public land for outdoor recreational 17 activities or for nature preserves and used for that purpose 18 within 5 years prior to the adoption of the redevelopment 19 plan. For the purpose of this subsection, "recreational 20 activities" is limited to mean camping and hunting. Each 21 redevelopment plan shall set forth in writing the program to 22 be undertaken to accomplish the objectives and shall include 23 but not be limited to: 24 (A) an itemized list of estimated redevelopment 25 project costs; 26 (B) evidence indicating that the redevelopment 27 project area on the whole has not been subject to growth 28 and development through investment by private enterprise; 29 (C) an assessment of any financial impact of the 30 redevelopment project area on or any increased demand for 31 services from any taxing district affected by the plan 32 and any program to address such financial impact or 33 increased demand; 34 (D) the sources of funds to pay costs; SB1809 Engrossed -20- SRS92SB0069NCap 1 (E) the nature and term of the obligations to be 2 issued; 3 (F) the most recent equalized assessed valuation of 4 the redevelopment project area; 5 (G) an estimate as to the equalized assessed 6 valuation after redevelopment and the general land uses 7 to apply in the redevelopment project area; 8 (H) a commitment to fair employment practices and 9 an affirmative action plan; 10 (I) if it concerns an industrial park conservation 11 area, the plan shall also include a general description 12 of any proposed developer, user and tenant of any 13 property, a description of the type, structure and 14 general character of the facilities to be developed, a 15 description of the type, class and number of new 16 employees to be employed in the operation of the 17 facilities to be developed; and 18 (J) if property is to be annexed to the 19 municipality, the plan shall include the terms of the 20 annexation agreement. 21 The provisions of items (B) and (C) of this subsection 22 (n) shall not apply to a municipality that before March 14, 23 1994 (the effective date of Public Act 88-537) had fixed, 24 either by its corporate authorities or by a commission 25 designated under subsection (k) of Section 11-74.4-4, a time 26 and place for a public hearing as required by subsection (a) 27 of Section 11-74.4-5. No redevelopment plan shall be adopted 28 unless a municipality complies with all of the following 29 requirements: 30 (1) The municipality finds that the redevelopment 31 project area on the whole has not been subject to growth 32 and development through investment by private enterprise 33 and would not reasonably be anticipated to be developed 34 without the adoption of the redevelopment plan. SB1809 Engrossed -21- SRS92SB0069NCap 1 (2) The municipality finds that the redevelopment 2 plan and project conform to the comprehensive plan for 3 the development of the municipality as a whole, or, for 4 municipalities with a population of 100,000 or more, 5 regardless of when the redevelopment plan and project was 6 adopted, the redevelopment plan and project either: (i) 7 conforms to the strategic economic development or 8 redevelopment plan issued by the designated planning 9 authority of the municipality, or (ii) includes land uses 10 that have been approved by the planning commission of the 11 municipality. 12 (3) The redevelopment plan establishes the 13 estimated dates of completion of the redevelopment 14 project and retirement of obligations issued to finance 15 redevelopment project costs. Those dates shall not be 16 later than December 31 of the year in which the payment 17 to the municipal treasurer as provided in subsection (b) 18 of Section 11-74.4-8 of this Act is to be made with 19 respect to ad valorem taxes levied in the twenty-third 20 calendar year after the year in which the ordinance 21 approving the redevelopment project area is adopted if 22 the ordinance was adopted on or after January 15, 1981, 23 and not later than December 31 of the year in which the 24 payment to the municipal treasurer as provided in 25 subsection (b) of Section 11-74.4-8 of this Act is to be 26 made with respect to ad valorem taxes levied in the 27 thirty-fifth calendar year after the year in which the 28 ordinance approving the redevelopment project area is 29 adopted: 30 (A) if the ordinance was adopted before 31 January 15, 1981, or 32 (B) if the ordinance was adopted in December 33 1983, April 1984, July 1985, or December 1989, or 34 (C) if the ordinance was adopted in December SB1809 Engrossed -22- SRS92SB0069NCap 1 1987 and the redevelopment project is located within 2 one mile of Midway Airport, or 3 (D) if the ordinance was adopted before 4 January 1, 1987 by a municipality in Mason County, 5 or 6 (E) if the municipality is subject to the 7 Local Government Financial Planning and Supervision 8 Act or the Financially Distressed City Law, or 9 (F) if the ordinance was adopted in December 10 1984 by the Village of Rosemont, or 11 (G) if the ordinance was adopted on December 12 31, 1986 by a municipality located in Clinton County 13 for which at least $250,000 of tax increment bonds 14 were authorized on June 17, 1997, or if the 15 ordinance was adopted on December 31, 1986 by a 16 municipality with a population in 1990 of less than 17 3,600 that is located in a county with a population 18 in 1990 of less than 34,000 and for which at least 19 $250,000 of tax increment bonds were authorized on 20 June 17, 1997, or 21 (H) if the ordinance was adopted on October 5, 22 1982 by the City of Kankakee, or if the ordinance 23 was adopted on December 29, 1986 by East St. Louis, 24 or 25 (I) if the ordinance was adopted on November 26 12, 1991 by the Village of Sauget, or 27 (J) if the ordinance was adopted on February 28 11, 1985 by the City of Rock Island, or 29 (K) if the ordinance was adopted before 30 December 18, 1986 by the City of Moline, or 31 (L) if the ordinance was adopted in September 32 1988 by Sauk Village, or 33 (M) if the ordinance was adopted in October 34 1993 by Sauk Village, or SB1809 Engrossed -23- SRS92SB0069NCap 1 (N) if the ordinance was adopted on December 2 29, 1986 by the City of Galva, or 3 (O) if the ordinance was adopted in March 1991 4 by the City of Centreville, or 5 (P)(L)if the ordinance was adopted on 6 January 23, 1991 by the City of East St. Louis, or 7 (Q) if the ordinance was adopted on December 8 22, 1986 by the City of Tuscola. 9 However, for redevelopment project areas for which 10 bonds were issued before July 29, 1991, or for which 11 contracts were entered into before June 1, 1988, in 12 connection with a redevelopment project in the area 13 within the State Sales Tax Boundary, the estimated dates 14 of completion of the redevelopment project and retirement 15 of obligations to finance redevelopment project costs may 16 be extended by municipal ordinance to December 31, 2013. 17 The extension allowed by this amendatory Act of 1993 18 shall not apply to real property tax increment allocation 19 financing under Section 11-74.4-8. 20 A municipality may by municipal ordinance amend an 21 existing redevelopment plan to conform to this paragraph 22 (3) as amended by Public Act 91-478, which municipal 23 ordinance may be adopted without further hearing or 24 notice and without complying with the procedures provided 25 in this Act pertaining to an amendment to or the initial 26 approval of a redevelopment plan and project and 27 designation of a redevelopment project area. 28 Those dates, for purposes of real property tax 29 increment allocation financing pursuant to Section 30 11-74.4-8 only, shall be not more than 35 years for 31 redevelopment project areas that were adopted on or after 32 December 16, 1986 and for which at least $8 million worth 33 of municipal bonds were authorized on or after December 34 19, 1989 but before January 1, 1990; provided that the SB1809 Engrossed -24- SRS92SB0069NCap 1 municipality elects to extend the life of the 2 redevelopment project area to 35 years by the adoption of 3 an ordinance after at least 14 but not more than 30 days' 4 written notice to the taxing bodies, that would otherwise 5 constitute the joint review board for the redevelopment 6 project area, before the adoption of the ordinance. 7 Those dates, for purposes of real property tax 8 increment allocation financing pursuant to Section 9 11-74.4-8 only, shall be not more than 35 years for 10 redevelopment project areas that were established on or 11 after December 1, 1981 but before January 1, 1982 and for 12 which at least $1,500,000 worth of tax increment revenue 13 bonds were authorized on or after September 30, 1990 but 14 before July 1, 1991; provided that the municipality 15 elects to extend the life of the redevelopment project 16 area to 35 years by the adoption of an ordinance after at 17 least 14 but not more than 30 days' written notice to the 18 taxing bodies, that would otherwise constitute the joint 19 review board for the redevelopment project area, before 20 the adoption of the ordinance. 21 (3.5) The municipality finds, in the case of an 22 industrial park conservation area, also that the 23 municipality is a labor surplus municipality and that the 24 implementation of the redevelopment plan will reduce 25 unemployment, create new jobs and by the provision of new 26 facilities enhance the tax base of the taxing districts 27 that extend into the redevelopment project area. 28 (4) If any incremental revenues are being utilized 29 under Section 8(a)(1) or 8(a)(2) of this Act in 30 redevelopment project areas approved by ordinance after 31 January 1, 1986, the municipality finds: (a) that the 32 redevelopment project area would not reasonably be 33 developed without the use of such incremental revenues, 34 and (b) that such incremental revenues will be SB1809 Engrossed -25- SRS92SB0069NCap 1 exclusively utilized for the development of the 2 redevelopment project area. 3 (5) On and after November 1, 1999, if the 4 redevelopment plan will not result in displacement of 10 5 or more residents from inhabited units, and the 6 municipality certifies in the plan that such displacement 7 will not result from the plan, a housing impact study 8 need not be performed. If, however, the redevelopment 9 plan would result in the displacement of residents from 10 10 or more inhabited residential units, or if the 11 redevelopment project area contains 75 or more inhabited 12 residential units and no certification is made, then the 13 municipality shall prepare, as part of the separate 14 feasibility report required by subsection (a) of Section 15 11-74.4-5, a housing impact study. 16 Part I of the housing impact study shall include (i) 17 data as to whether the residential units are single 18 family or multi-family units, (ii) the number and type of 19 rooms within the units, if that information is available, 20 (iii) whether the units are inhabited or uninhabited, as 21 determined not less than 45 days before the date that the 22 ordinance or resolution required by subsection (a) of 23 Section 11-74.4-5 is passed, and (iv) data as to the 24 racial and ethnic composition of the residents in the 25 inhabited residential units. The data requirement as to 26 the racial and ethnic composition of the residents in the 27 inhabited residential units shall be deemed to be fully 28 satisfied by data from the most recent federal census. 29 Part II of the housing impact study shall identify 30 the inhabited residential units in the proposed 31 redevelopment project area that are to be or may be 32 removed. If inhabited residential units are to be 33 removed, then the housing impact study shall identify (i) 34 the number and location of those units that will or may SB1809 Engrossed -26- SRS92SB0069NCap 1 be removed, (ii) the municipality's plans for relocation 2 assistance for those residents in the proposed 3 redevelopment project area whose residences are to be 4 removed, (iii) the availability of replacement housing 5 for those residents whose residences are to be removed, 6 and shall identify the type, location, and cost of the 7 housing, and (iv) the type and extent of relocation 8 assistance to be provided. 9 (6) On and after November 1, 1999, the housing 10 impact study required by paragraph (5) shall be 11 incorporated in the redevelopment plan for the 12 redevelopment project area. 13 (7) On and after November 1, 1999, no redevelopment 14 plan shall be adopted, nor an existing plan amended, nor 15 shall residential housing that is occupied by households 16 of low-income and very low-income persons in currently 17 existing redevelopment project areas be removed after 18 November 1, 1999 unless the redevelopment plan provides, 19 with respect to inhabited housing units that are to be 20 removed for households of low-income and very low-income 21 persons, affordable housing and relocation assistance not 22 less than that which would be provided under the federal 23 Uniform Relocation Assistance and Real Property 24 Acquisition Policies Act of 1970 and the regulations 25 under that Act, including the eligibility criteria. 26 Affordable housing may be either existing or newly 27 constructed housing. For purposes of this paragraph (7), 28 "low-income households", "very low-income households", 29 and "affordable housing" have the meanings set forth in 30 the Illinois Affordable Housing Act. The municipality 31 shall make a good faith effort to ensure that this 32 affordable housing is located in or near the 33 redevelopment project area within the municipality. 34 (8) On and after November 1, 1999, if, after the SB1809 Engrossed -27- SRS92SB0069NCap 1 adoption of the redevelopment plan for the redevelopment 2 project area, any municipality desires to amend its 3 redevelopment plan to remove more inhabited residential 4 units than specified in its original redevelopment plan, 5 that increase in the number of units to be removed shall 6 be deemed to be a change in the nature of the 7 redevelopment plan as to require compliance with the 8 procedures in this Act pertaining to the initial approval 9 of a redevelopment plan. 10 (9) For redevelopment project areas designated 11 prior to November 1, 1999, the redevelopment plan may be 12 amended without further joint review board meeting or 13 hearing, provided that the municipality shall give notice 14 of any such changes by mail to each affected taxing 15 district and registrant on the interested party registry, 16 to authorize the municipality to expend tax increment 17 revenues for redevelopment project costs defined by 18 paragraphs (5) and (7.5), subparagraphs (E) and (F) of 19 paragraph (11), and paragraph (11.5) of subsection (q) of 20 Section 11-74.4-3, so long as the changes do not increase 21 the total estimated redevelopment project costs set out 22 in the redevelopment plan by more than 5% after 23 adjustment for inflation from the date the plan was 24 adopted. 25 (o) "Redevelopment project" means any public and private 26 development project in furtherance of the objectives of a 27 redevelopment plan. On and after November 1, 1999 (the 28 effective date of Public Act 91-478), no redevelopment plan 29 may be approved or amended that includes the development of 30 vacant land (i) with a golf course and related clubhouse and 31 other facilities or (ii) designated by federal, State, 32 county, or municipal government as public land for outdoor 33 recreational activities or for nature preserves and used for 34 that purpose within 5 years prior to the adoption of the SB1809 Engrossed -28- SRS92SB0069NCap 1 redevelopment plan. For the purpose of this subsection, 2 "recreational activities" is limited to mean camping and 3 hunting. 4 (p) "Redevelopment project area" means an area 5 designated by the municipality, which is not less in the 6 aggregate than 1 1/2 acres and in respect to which the 7 municipality has made a finding that there exist conditions 8 which cause the area to be classified as an industrial park 9 conservation area or a blighted area or a conservation area, 10 or a combination of both blighted areas and conservation 11 areas. 12 (q) "Redevelopment project costs" mean and include the 13 sum total of all reasonable or necessary costs incurred or 14 estimated to be incurred, and any such costs incidental to a 15 redevelopment plan and a redevelopment project. Such costs 16 include, without limitation, the following: 17 (1) Costs of studies, surveys, development of 18 plans, and specifications, implementation and 19 administration of the redevelopment plan including but 20 not limited to staff and professional service costs for 21 architectural, engineering, legal, financial, planning or 22 other services, provided however that no charges for 23 professional services may be based on a percentage of the 24 tax increment collected; except that on and after 25 November 1, 1999 (the effective date of Public Act 26 91-478), no contracts for professional services, 27 excluding architectural and engineering services, may be 28 entered into if the terms of the contract extend beyond a 29 period of 3 years. In addition, "redevelopment project 30 costs" shall not include lobbying expenses. After 31 consultation with the municipality, each tax increment 32 consultant or advisor to a municipality that plans to 33 designate or has designated a redevelopment project area 34 shall inform the municipality in writing of any contracts SB1809 Engrossed -29- SRS92SB0069NCap 1 that the consultant or advisor has entered into with 2 entities or individuals that have received, or are 3 receiving, payments financed by tax increment revenues 4 produced by the redevelopment project area with respect 5 to which the consultant or advisor has performed, or will 6 be performing, service for the municipality. This 7 requirement shall be satisfied by the consultant or 8 advisor before the commencement of services for the 9 municipality and thereafter whenever any other contracts 10 with those individuals or entities are executed by the 11 consultant or advisor; 12 (1.5) After July 1, 1999, annual administrative 13 costs shall not include general overhead or 14 administrative costs of the municipality that would still 15 have been incurred by the municipality if the 16 municipality had not designated a redevelopment project 17 area or approved a redevelopment plan; 18 (1.6) The cost of marketing sites within the 19 redevelopment project area to prospective businesses, 20 developers, and investors; 21 (2) Property assembly costs, including but not 22 limited to acquisition of land and other property, real 23 or personal, or rights or interests therein, demolition 24 of buildings, site preparation, site improvements that 25 serve as an engineered barrier addressing ground level or 26 below ground environmental contamination, including, but 27 not limited to parking lots and other concrete or asphalt 28 barriers, and the clearing and grading of land; 29 (3) Costs of rehabilitation, reconstruction or 30 repair or remodeling of existing public or private 31 buildings, fixtures, and leasehold improvements; and the 32 cost of replacing an existing public building if pursuant 33 to the implementation of a redevelopment project the 34 existing public building is to be demolished to use the SB1809 Engrossed -30- SRS92SB0069NCap 1 site for private investment or devoted to a different use 2 requiring private investment; 3 (4) Costs of the construction of public works or 4 improvements, except that on and after November 1, 1999, 5 redevelopment project costs shall not include the cost of 6 constructing a new municipal public building principally 7 used to provide offices, storage space, or conference 8 facilities or vehicle storage, maintenance, or repair for 9 administrative, public safety, or public works personnel 10 and that is not intended to replace an existing public 11 building as provided under paragraph (3) of subsection 12 (q) of Section 11-74.4-3 unless either (i) the 13 construction of the new municipal building implements a 14 redevelopment project that was included in a 15 redevelopment plan that was adopted by the municipality 16 prior to November 1, 1999 or (ii) the municipality makes 17 a reasonable determination in the redevelopment plan, 18 supported by information that provides the basis for that 19 determination, that the new municipal building is 20 required to meet an increase in the need for public 21 safety purposes anticipated to result from the 22 implementation of the redevelopment plan; 23 (5) Costs of job training and retraining projects, 24 including the cost of "welfare to work" programs 25 implemented by businesses located within the 26 redevelopment project area; 27 (6) Financing costs, including but not limited to 28 all necessary and incidental expenses related to the 29 issuance of obligations and which may include payment of 30 interest on any obligations issued hereunder including 31 interest accruing during the estimated period of 32 construction of any redevelopment project for which such 33 obligations are issued and for not exceeding 36 months 34 thereafter and including reasonable reserves related SB1809 Engrossed -31- SRS92SB0069NCap 1 thereto; 2 (7) To the extent the municipality by written 3 agreement accepts and approves the same, all or a portion 4 of a taxing district's capital costs resulting from the 5 redevelopment project necessarily incurred or to be 6 incurred within a taxing district in furtherance of the 7 objectives of the redevelopment plan and project. 8 (7.5) For redevelopment project areas designated 9 (or redevelopment project areas amended to add or 10 increase the number of tax-increment-financing assisted 11 housing units) on or after November 1, 1999, an 12 elementary, secondary, or unit school district's 13 increased costs attributable to assisted housing units 14 located within the redevelopment project area for which 15 the developer or redeveloper receives financial 16 assistance through an agreement with the municipality or 17 because the municipality incurs the cost of necessary 18 infrastructure improvements within the boundaries of the 19 assisted housing sites necessary for the completion of 20 that housing as authorized by this Act, and which costs 21 shall be paid by the municipality from the Special Tax 22 Allocation Fund when the tax increment revenue is 23 received as a result of the assisted housing units and 24 shall be calculated annually as follows: 25 (A) for foundation districts, excluding any 26 school district in a municipality with a population 27 in excess of 1,000,000, by multiplying the 28 district's increase in attendance resulting from the 29 net increase in new students enrolled in that school 30 district who reside in housing units within the 31 redevelopment project area that have received 32 financial assistance through an agreement with the 33 municipality or because the municipality incurs the 34 cost of necessary infrastructure improvements within SB1809 Engrossed -32- SRS92SB0069NCap 1 the boundaries of the housing sites necessary for 2 the completion of that housing as authorized by this 3 Act since the designation of the redevelopment 4 project area by the most recently available per 5 capita tuition cost as defined in Section 10-20.12a 6 of the School Code less any increase in general 7 State aid as defined in Section 18-8.05 of the 8 School Code attributable to these added new students 9 subject to the following annual limitations: 10 (i) for unit school districts with a 11 district average 1995-96 Per Capita Tuition 12 Charge of less than $5,900, no more than 25% of 13 the total amount of property tax increment 14 revenue produced by those housing units that 15 have received tax increment finance assistance 16 under this Act; 17 (ii) for elementary school districts with 18 a district average 1995-96 Per Capita Tuition 19 Charge of less than $5,900, no more than 17% of 20 the total amount of property tax increment 21 revenue produced by those housing units that 22 have received tax increment finance assistance 23 under this Act; and 24 (iii) for secondary school districts with 25 a district average 1995-96 Per Capita Tuition 26 Charge of less than $5,900, no more than 8% of 27 the total amount of property tax increment 28 revenue produced by those housing units that 29 have received tax increment finance assistance 30 under this Act. 31 (B) For alternate method districts, flat grant 32 districts, and foundation districts with a district 33 average 1995-96 Per Capita Tuition Charge equal to 34 or more than $5,900, excluding any school district SB1809 Engrossed -33- SRS92SB0069NCap 1 with a population in excess of 1,000,000, by 2 multiplying the district's increase in attendance 3 resulting from the net increase in new students 4 enrolled in that school district who reside in 5 housing units within the redevelopment project area 6 that have received financial assistance through an 7 agreement with the municipality or because the 8 municipality incurs the cost of necessary 9 infrastructure improvements within the boundaries of 10 the housing sites necessary for the completion of 11 that housing as authorized by this Act since the 12 designation of the redevelopment project area by the 13 most recently available per capita tuition cost as 14 defined in Section 10-20.12a of the School Code less 15 any increase in general state aid as defined in 16 Section 18-8.05 of the School Code attributable to 17 these added new students subject to the following 18 annual limitations: 19 (i) for unit school districts, no more 20 than 40% of the total amount of property tax 21 increment revenue produced by those housing 22 units that have received tax increment finance 23 assistance under this Act; 24 (ii) for elementary school districts, no 25 more than 27% of the total amount of property 26 tax increment revenue produced by those housing 27 units that have received tax increment finance 28 assistance under this Act; and 29 (iii) for secondary school districts, no 30 more than 13% of the total amount of property 31 tax increment revenue produced by those housing 32 units that have received tax increment finance 33 assistance under this Act. 34 (C) For any school district in a municipality SB1809 Engrossed -34- SRS92SB0069NCap 1 with a population in excess of 1,000,000, the 2 following restrictions shall apply to the 3 reimbursement of increased costs under this 4 paragraph (7.5): 5 (i) no increased costs shall be 6 reimbursed unless the school district certifies 7 that each of the schools affected by the 8 assisted housing project is at or over its 9 student capacity; 10 (ii) the amount reimburseable shall be 11 reduced by the value of any land donated to the 12 school district by the municipality or 13 developer, and by the value of any physical 14 improvements made to the schools by the 15 municipality or developer; and 16 (iii) the amount reimbursed may not 17 affect amounts otherwise obligated by the terms 18 of any bonds, notes, or other funding 19 instruments, or the terms of any redevelopment 20 agreement. 21 Any school district seeking payment under this 22 paragraph (7.5) shall, after July 1 and before 23 September 30 of each year, provide the municipality 24 with reasonable evidence to support its claim for 25 reimbursement before the municipality shall be 26 required to approve or make the payment to the 27 school district. If the school district fails to 28 provide the information during this period in any 29 year, it shall forfeit any claim to reimbursement 30 for that year. School districts may adopt a 31 resolution waiving the right to all or a portion of 32 the reimbursement otherwise required by this 33 paragraph (7.5). By acceptance of this 34 reimbursement the school district waives the right SB1809 Engrossed -35- SRS92SB0069NCap 1 to directly or indirectly set aside, modify, or 2 contest in any manner the establishment of the 3 redevelopment project area or projects; 4 (8) Relocation costs to the extent that a 5 municipality determines that relocation costs shall be 6 paid or is required to make payment of relocation costs 7 by federal or State law or in order to satisfy 8 subparagraph (7) of subsection (n); 9 (9) Payment in lieu of taxes; 10 (10) Costs of job training, retraining, advanced 11 vocational education or career education, including but 12 not limited to courses in occupational, semi-technical or 13 technical fields leading directly to employment, incurred 14 by one or more taxing districts, provided that such costs 15 (i) are related to the establishment and maintenance of 16 additional job training, advanced vocational education or 17 career education programs for persons employed or to be 18 employed by employers located in a redevelopment project 19 area; and (ii) when incurred by a taxing district or 20 taxing districts other than the municipality, are set 21 forth in a written agreement by or among the municipality 22 and the taxing district or taxing districts, which 23 agreement describes the program to be undertaken, 24 including but not limited to the number of employees to 25 be trained, a description of the training and services to 26 be provided, the number and type of positions available 27 or to be available, itemized costs of the program and 28 sources of funds to pay for the same, and the term of the 29 agreement. Such costs include, specifically, the payment 30 by community college districts of costs pursuant to 31 Sections 3-37, 3-38, 3-40 and 3-40.1 of the Public 32 Community College Act and by school districts of costs 33 pursuant to Sections 10-22.20a and 10-23.3a of The School 34 Code; SB1809 Engrossed -36- SRS92SB0069NCap 1 (11) Interest cost incurred by a redeveloper 2 related to the construction, renovation or rehabilitation 3 of a redevelopment project provided that: 4 (A) such costs are to be paid directly from 5 the special tax allocation fund established pursuant 6 to this Act; 7 (B) such payments in any one year may not 8 exceed 30% of the annual interest costs incurred by 9 the redeveloper with regard to the redevelopment 10 project during that year; 11 (C) if there are not sufficient funds 12 available in the special tax allocation fund to make 13 the payment pursuant to this paragraph (11) then the 14 amounts so due shall accrue and be payable when 15 sufficient funds are available in the special tax 16 allocation fund; 17 (D) the total of such interest payments paid 18 pursuant to this Act may not exceed 30% of the total 19 (i) cost paid or incurred by the redeveloper for the 20 redevelopment project plus (ii) redevelopment 21 project costs excluding any property assembly costs 22 and any relocation costs incurred by a municipality 23 pursuant to this Act; and 24 (E) the cost limits set forth in subparagraphs 25 (B) and (D) of paragraph (11) shall be modified for 26 the financing of rehabilitated or new housing units 27 for low-income households and very low-income 28 households, as defined in Section 3 of the Illinois 29 Affordable Housing Act. The percentage of 75% shall 30 be substituted for 30% in subparagraphs (B) and (D) 31 of paragraph (11). 32 (F) Instead of the eligible costs provided by 33 subparagraphs (B) and (D) of paragraph (11), as 34 modified by this subparagraph, and notwithstanding SB1809 Engrossed -37- SRS92SB0069NCap 1 any other provisions of this Act to the contrary, 2 the municipality may pay from tax increment revenues 3 up to 50% of the cost of construction of new housing 4 units to be occupied by low-income households and 5 very low-income households as defined in Section 3 6 of the Illinois Affordable Housing Act. The cost of 7 construction of those units may be derived from the 8 proceeds of bonds issued by the municipality under 9 this Act or other constitutional or statutory 10 authority or from other sources of municipal revenue 11 that may be reimbursed from tax increment revenues 12 or the proceeds of bonds issued to finance the 13 construction of that housing. 14 The eligible costs provided under this 15 subparagraph (F) of paragraph (11) shall be an 16 eligible cost for the construction, renovation, and 17 rehabilitation of all low and very low-income 18 housing units, as defined in Section 3 of the 19 Illinois Affordable Housing Act, within the 20 redevelopment project area. If the low and very 21 low-income units are part of a residential 22 redevelopment project that includes units not 23 affordable to low and very low-income households, 24 only the low and very low-income units shall be 25 eligible for benefits under subparagraph (F) of 26 paragraph (11). The standards for maintaining the 27 occupancy by low-income households and very 28 low-income households, as defined in Section 3 of 29 the Illinois Affordable Housing Act, of those units 30 constructed with eligible costs made available under 31 the provisions of this subparagraph (F) of paragraph 32 (11) shall be established by guidelines adopted by 33 the municipality. The responsibility for annually 34 documenting the initial occupancy of the units by SB1809 Engrossed -38- SRS92SB0069NCap 1 low-income households and very low-income 2 households, as defined in Section 3 of the Illinois 3 Affordable Housing Act, shall be that of the then 4 current owner of the property. For ownership units, 5 the guidelines will provide, at a minimum, for a 6 reasonable recapture of funds, or other appropriate 7 methods designed to preserve the original 8 affordability of the ownership units. For rental 9 units, the guidelines will provide, at a minimum, 10 for the affordability of rent to low and very 11 low-income households. As units become available, 12 they shall be rented to income-eligible tenants. The 13 municipality may modify these guidelines from time 14 to time; the guidelines, however, shall be in effect 15 for as long as tax increment revenue is being used 16 to pay for costs associated with the units or for 17 the retirement of bonds issued to finance the units 18 or for the life of the redevelopment project area, 19 whichever is later. 20 (11.5) If the redevelopment project area is located 21 within a municipality with a population of more than 22 100,000, the cost of day care services for children of 23 employees from low-income families working for businesses 24 located within the redevelopment project area and all or 25 a portion of the cost of operation of day care centers 26 established by redevelopment project area businesses to 27 serve employees from low-income families working in 28 businesses located in the redevelopment project area. 29 For the purposes of this paragraph, "low-income families" 30 means families whose annual income does not exceed 80% of 31 the municipal, county, or regional median income, 32 adjusted for family size, as the annual income and 33 municipal, county, or regional median income are 34 determined from time to time by the United States SB1809 Engrossed -39- SRS92SB0069NCap 1 Department of Housing and Urban Development. 2 (12) Unless explicitly stated herein the cost of 3 construction of new privately-owned buildings shall not 4 be an eligible redevelopment project cost. 5 (13) After November 1, 1999 (the effective date of 6 Public Act 91-478), none of the redevelopment project 7 costs enumerated in this subsection shall be eligible 8 redevelopment project costs if those costs would provide 9 direct financial support to a retail entity initiating 10 operations in the redevelopment project area while 11 terminating operations at another Illinois location 12 within 10 miles of the redevelopment project area but 13 outside the boundaries of the redevelopment project area 14 municipality. For purposes of this paragraph, 15 termination means a closing of a retail operation that is 16 directly related to the opening of the same operation or 17 like retail entity owned or operated by more than 50% of 18 the original ownership in a redevelopment project area, 19 but it does not mean closing an operation for reasons 20 beyond the control of the retail entity, as documented by 21 the retail entity, subject to a reasonable finding by the 22 municipality that the current location contained 23 inadequate space, had become economically obsolete, or 24 was no longer a viable location for the retailer or 25 serviceman. 26 If a special service area has been established pursuant 27 to the Special Service Area Tax Act or Special Service Area 28 Tax Law, then any tax increment revenues derived from the tax 29 imposed pursuant to the Special Service Area Tax Act or 30 Special Service Area Tax Law may be used within the 31 redevelopment project area for the purposes permitted by that 32 Act or Law as well as the purposes permitted by this Act. 33 (r) "State Sales Tax Boundary" means the redevelopment 34 project area or the amended redevelopment project area SB1809 Engrossed -40- SRS92SB0069NCap 1 boundaries which are determined pursuant to subsection (9) of 2 Section 11-74.4-8a of this Act. The Department of Revenue 3 shall certify pursuant to subsection (9) of Section 4 11-74.4-8a the appropriate boundaries eligible for the 5 determination of State Sales Tax Increment. 6 (s) "State Sales Tax Increment" means an amount equal to 7 the increase in the aggregate amount of taxes paid by 8 retailers and servicemen, other than retailers and servicemen 9 subject to the Public Utilities Act, on transactions at 10 places of business located within a State Sales Tax Boundary 11 pursuant to the Retailers' Occupation Tax Act, the Use Tax 12 Act, the Service Use Tax Act, and the Service Occupation Tax 13 Act, except such portion of such increase that is paid into 14 the State and Local Sales Tax Reform Fund, the Local 15 Government Distributive Fund, the Local Government Tax 16 Fund and the County and Mass Transit District Fund, for as 17 long as State participation exists, over and above the 18 Initial Sales Tax Amounts, Adjusted Initial Sales Tax Amounts 19 or the Revised Initial Sales Tax Amounts for such taxes as 20 certified by the Department of Revenue and paid under those 21 Acts by retailers and servicemen on transactions at places of 22 business located within the State Sales Tax Boundary during 23 the base year which shall be the calendar year immediately 24 prior to the year in which the municipality adopted tax 25 increment allocation financing, less 3.0% of such amounts 26 generated under the Retailers' Occupation Tax Act, Use Tax 27 Act and Service Use Tax Act and the Service Occupation Tax 28 Act, which sum shall be appropriated to the Department of 29 Revenue to cover its costs of administering and enforcing 30 this Section. For purposes of computing the aggregate amount 31 of such taxes for base years occurring prior to 1985, the 32 Department of Revenue shall compute the Initial Sales Tax 33 Amount for such taxes and deduct therefrom an amount equal to 34 4% of the aggregate amount of taxes per year for each year SB1809 Engrossed -41- SRS92SB0069NCap 1 the base year is prior to 1985, but not to exceed a total 2 deduction of 12%. The amount so determined shall be known as 3 the "Adjusted Initial Sales Tax Amount". For purposes of 4 determining the State Sales Tax Increment the Department of 5 Revenue shall for each period subtract from the tax amounts 6 received from retailers and servicemen on transactions 7 located in the State Sales Tax Boundary, the certified 8 Initial Sales Tax Amounts, Adjusted Initial Sales Tax Amounts 9 or Revised Initial Sales Tax Amounts for the Retailers' 10 Occupation Tax Act, the Use Tax Act, the Service Use Tax Act 11 and the Service Occupation Tax Act. For the State Fiscal 12 Year 1989 this calculation shall be made by utilizing the 13 calendar year 1987 to determine the tax amounts received. For 14 the State Fiscal Year 1990, this calculation shall be made by 15 utilizing the period from January 1, 1988, until September 16 30, 1988, to determine the tax amounts received from 17 retailers and servicemen, which shall have deducted therefrom 18 nine-twelfths of the certified Initial Sales Tax Amounts, 19 Adjusted Initial Sales Tax Amounts or the Revised Initial 20 Sales Tax Amounts as appropriate. For the State Fiscal Year 21 1991, this calculation shall be made by utilizing the period 22 from October 1, 1988, until June 30, 1989, to determine the 23 tax amounts received from retailers and servicemen, which 24 shall have deducted therefrom nine-twelfths of the certified 25 Initial State Sales Tax Amounts, Adjusted Initial Sales Tax 26 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 on June 30, to determine the tax amounts received 30 which shall have deducted therefrom the certified Initial 31 Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or the 32 Revised Initial Sales Tax Amounts. Municipalities intending 33 to receive a distribution of State Sales Tax Increment must 34 report a list of retailers to the Department of Revenue by SB1809 Engrossed -42- SRS92SB0069NCap 1 October 31, 1988 and by July 31, of each year thereafter. 2 (t) "Taxing districts" means counties, townships, cities 3 and incorporated towns and villages, school, road, park, 4 sanitary, mosquito abatement, forest preserve, public health, 5 fire protection, river conservancy, tuberculosis sanitarium 6 and any other municipal corporations or districts with the 7 power to levy taxes. 8 (u) "Taxing districts' capital costs" means those costs 9 of taxing districts for capital improvements that are found 10 by the municipal corporate authorities to be necessary and 11 directly result from the redevelopment project. 12 (v) As used in subsection (a) of Section 11-74.4-3 of 13 this Act, "vacant land" means any parcel or combination of 14 parcels of real property without industrial, commercial, and 15 residential buildings which has not been used for commercial 16 agricultural purposes within 5 years prior to the designation 17 of the redevelopment project area, unless the parcel is 18 included in an industrial park conservation area or the 19 parcel has been subdivided; provided that if the parcel was 20 part of a larger tract that has been divided into 3 or more 21 smaller tracts that were accepted for recording during the 22 period from 1950 to 1990, then the parcel shall be deemed to 23 have been subdivided, and all proceedings and actions of the 24 municipality taken in that connection with respect to any 25 previously approved or designated redevelopment project area 26 or amended redevelopment project area are hereby validated 27 and hereby declared to be legally sufficient for all purposes 28 of this Act. For purposes of this Section and only for land 29 subject to the subdivision requirements of the Plat Act, land 30 is subdivided when the original plat of the proposed 31 Redevelopment Project Area or relevant portion thereof has 32 been properly certified, acknowledged, approved, and recorded 33 or filed in accordance with the Plat Act and a preliminary 34 plat, if any, for any subsequent phases of the proposed SB1809 Engrossed -43- SRS92SB0069NCap 1 Redevelopment Project Area or relevant portion thereof has 2 been properly approved and filed in accordance with the 3 applicable ordinance of the municipality. 4 (w) "Annual Total Increment" means the sum of each 5 municipality's annual Net Sales Tax Increment and each 6 municipality's annual Net Utility Tax Increment. The ratio 7 of the Annual Total Increment of each municipality to the 8 Annual Total Increment for all municipalities, as most 9 recently calculated by the Department, shall determine the 10 proportional shares of the Illinois Tax Increment Fund to be 11 distributed to each municipality. 12 (Source: P.A. 91-261, eff. 7-23-99; 91-477, eff. 8-11-99; 13 91-478, eff. 11-1-99; 91-642, eff. 8-20-99; 91-763, eff. 14 6-9-00; 92-263, eff. 8-7-01; 92-406, eff. 1-1-02; revised 15 9-19-01.) 16 (65 ILCS 5/11-74.4-7) (from Ch. 24, par. 11-74.4-7) 17 Sec. 11-74.4-7. Obligations secured by the special tax 18 allocation fund set forth in Section 11-74.4-8 for the 19 redevelopment project area may be issued to provide for 20 redevelopment project costs. Such obligations, when so 21 issued, shall be retired in the manner provided in the 22 ordinance authorizing the issuance of such obligations by the 23 receipts of taxes levied as specified in Section 11-74.4-9 24 against the taxable property included in the area, by 25 revenues as specified by Section 11-74.4-8a and other revenue 26 designated by the municipality. A municipality may in the 27 ordinance pledge all or any part of the funds in and to be 28 deposited in the special tax allocation fund created pursuant 29 to Section 11-74.4-8 to the payment of the redevelopment 30 project costs and obligations. Any pledge of funds in the 31 special tax allocation fund shall provide for distribution to 32 the taxing districts and to the Illinois Department of 33 Revenue of moneys not required, pledged, earmarked, or SB1809 Engrossed -44- SRS92SB0069NCap 1 otherwise designated for payment and securing of the 2 obligations and anticipated redevelopment project costs and 3 such excess funds shall be calculated annually and deemed to 4 be "surplus" funds. In the event a municipality only applies 5 or pledges a portion of the funds in the special tax 6 allocation fund for the payment or securing of anticipated 7 redevelopment project costs or of obligations, any such funds 8 remaining in the special tax allocation fund after complying 9 with the requirements of the application or pledge, shall 10 also be calculated annually and deemed "surplus" funds. All 11 surplus funds in the special tax allocation fund shall be 12 distributed annually within 180 days after the close of the 13 municipality's fiscal year by being paid by the municipal 14 treasurer to the County Collector, to the Department of 15 Revenue and to the municipality in direct proportion to the 16 tax incremental revenue received as a result of an increase 17 in the equalized assessed value of property in the 18 redevelopment project area, tax incremental revenue received 19 from the State and tax incremental revenue received from the 20 municipality, but not to exceed as to each such source the 21 total incremental revenue received from that source. The 22 County Collector shall thereafter make distribution to the 23 respective taxing districts in the same manner and proportion 24 as the most recent distribution by the county collector to 25 the affected districts of real property taxes from real 26 property in the redevelopment project area. 27 Without limiting the foregoing in this Section, the 28 municipality may in addition to obligations secured by the 29 special tax allocation fund pledge for a period not greater 30 than the term of the obligations towards payment of such 31 obligations any part or any combination of the following: (a) 32 net revenues of all or part of any redevelopment project; (b) 33 taxes levied and collected on any or all property in the 34 municipality; (c) the full faith and credit of the SB1809 Engrossed -45- SRS92SB0069NCap 1 municipality; (d) a mortgage on part or all of the 2 redevelopment project; or (e) any other taxes or anticipated 3 receipts that the municipality may lawfully pledge. 4 Such obligations may be issued in one or more series 5 bearing interest at such rate or rates as the corporate 6 authorities of the municipality shall determine by ordinance. 7 Such obligations shall bear such date or dates, mature at 8 such time or times not exceeding 20 years from their 9 respective dates, be in such denomination, carry such 10 registration privileges, be executed in such manner, be 11 payable in such medium of payment at such place or places, 12 contain such covenants, terms and conditions, and be subject 13 to redemption as such ordinance shall provide. Obligations 14 issued pursuant to this Act may be sold at public or private 15 sale at such price as shall be determined by the corporate 16 authorities of the municipalities. No referendum approval of 17 the electors shall be required as a condition to the issuance 18 of obligations pursuant to this Division except as provided 19 in this Section. 20 In the event the municipality authorizes issuance of 21 obligations pursuant to the authority of this Division 22 secured by the full faith and credit of the municipality, 23 which obligations are other than obligations which may be 24 issued under home rule powers provided by Article VII, 25 Section 6 of the Illinois Constitution, or pledges taxes 26 pursuant to (b) or (c) of the second paragraph of this 27 section, the ordinance authorizing the issuance of such 28 obligations or pledging such taxes shall be published within 29 10 days after such ordinance has been passed in one or more 30 newspapers, with general circulation within such 31 municipality. The publication of the ordinance shall be 32 accompanied by a notice of (1) the specific number of voters 33 required to sign a petition requesting the question of the 34 issuance of such obligations or pledging taxes to be SB1809 Engrossed -46- SRS92SB0069NCap 1 submitted to the electors; (2) the time in which such 2 petition must be filed; and (3) the date of the prospective 3 referendum. The municipal clerk shall provide a petition 4 form to any individual requesting one. 5 If no petition is filed with the municipal clerk, as 6 hereinafter provided in this Section, within 30 days after 7 the publication of the ordinance, the ordinance shall be in 8 effect. But, if within that 30 day period a petition is 9 filed with the municipal clerk, signed by electors in the 10 municipality numbering 10% or more of the number of 11 registered voters in the municipality, asking that the 12 question of issuing obligations using full faith and credit 13 of the municipality as security for the cost of paying for 14 redevelopment project costs, or of pledging taxes for the 15 payment of such obligations, or both, be submitted to the 16 electors of the municipality, the corporate authorities of 17 the municipality shall call a special election in the manner 18 provided by law to vote upon that question, or, if a general, 19 State or municipal election is to be held within a period of 20 not less than 30 or more than 90 days from the date such 21 petition is filed, shall submit the question at the next 22 general, State or municipal election. If it appears upon the 23 canvass of the election by the corporate authorities that a 24 majority of electors voting upon the question voted in favor 25 thereof, the ordinance shall be in effect, but if a majority 26 of the electors voting upon the question are not in favor 27 thereof, the ordinance shall not take effect. 28 The ordinance authorizing the obligations may provide 29 that the obligations shall contain a recital that they are 30 issued pursuant to this Division, which recital shall be 31 conclusive evidence of their validity and of the regularity 32 of their issuance. 33 In the event the municipality authorizes issuance of 34 obligations pursuant to this Section secured by the full SB1809 Engrossed -47- SRS92SB0069NCap 1 faith and credit of the municipality, the ordinance 2 authorizing the obligations may provide for the levy and 3 collection of a direct annual tax upon all taxable property 4 within the municipality sufficient to pay the principal 5 thereof and interest thereon as it matures, which levy may be 6 in addition to and exclusive of the maximum of all other 7 taxes authorized to be levied by the municipality, which 8 levy, however, shall be abated to the extent that monies from 9 other sources are available for payment of the obligations 10 and the municipality certifies the amount of said monies 11 available to the county clerk. 12 A certified copy of such ordinance shall be filed with 13 the county clerk of each county in which any portion of the 14 municipality is situated, and shall constitute the authority 15 for the extension and collection of the taxes to be deposited 16 in the special tax allocation fund. 17 A municipality may also issue its obligations to refund 18 in whole or in part, obligations theretofore issued by such 19 municipality under the authority of this Act, whether at or 20 prior to maturity, provided however, that the last maturity 21 of the refunding obligations shall not be expressed to mature 22 later than December 31 of the year in which the payment to 23 the municipal treasurer as provided in subsection (b) of 24 Section 11-74.4-8 of this Act is to be made with respect to 25 ad valorem taxes levied in the twenty-third calendar year 26 after the year in which the ordinance approving the 27 redevelopment project area is adopted if the ordinance was 28 adopted on or after January 15, 1981, and not later than 29 December 31 of the year in which the payment to the municipal 30 treasurer as provided in subsection (b) of Section 11-74.4-8 31 of this Act is to be made with respect to ad valorem taxes 32 levied in the thirty-fifth calendar year after the year in 33 which the ordinance approving the redevelopment project area 34 is adopted (A) if the ordinance was adopted before January SB1809 Engrossed -48- SRS92SB0069NCap 1 15, 1981, or (B) if the ordinance was adopted in December 2 1983, April 1984, July 1985, or December 1989, or (C) if the 3 ordinance was adopted in December, 1987 and the redevelopment 4 project is located within one mile of Midway Airport, or (D) 5 if the ordinance was adopted before January 1, 1987 by a 6 municipality in Mason County, or (E) if the municipality is 7 subject to the Local Government Financial Planning and 8 Supervision Act or the Financially Distressed City Law, or 9 (F) if the ordinance was adopted in December 1984 by the 10 Village of Rosemont, or (G) if the ordinance was adopted on 11 December 31, 1986 by a municipality located in Clinton County 12 for which at least $250,000 of tax increment bonds were 13 authorized on June 17, 1997, or if the ordinance was adopted 14 on December 31, 1986 by a municipality with a population in 15 1990 of less than 3,600 that is located in a county with a 16 population in 1990 of less than 34,000 and for which at least 17 $250,000 of tax increment bonds were authorized on June 17, 18 1997, or (H) if the ordinance was adopted on October 5, 1982 19 by the City of Kankakee, or (I) if the ordinance was adopted 20 on December 29, 1986 by East St. Louis, or if the ordinance 21 was adopted on November 12, 1991 by the Village of Sauget, or 22 (J) if the ordinance was adopted on February 11, 1985 by the 23 City of Rock Island, or (K) if the ordinance was adopted 24 before December 18, 1986 by the City of Moline, or (L) if the 25 ordinance was adopted in September 1988 by Sauk Village, or 26 (M) if the ordinance was adopted in October 1993 by Sauk 27 Village, or (N) if the ordinance was adopted on December 29, 28 1986 by the City of Galva, or (O) if the ordinance was 29 adopted in March 1991 by the City of Centreville, or (P)(L)30 if the ordinance was adopted on January 23, 1991 by the City 31 of East St. Louis, or (Q) if the ordinance was adopted on 32 December 22, 1986 by the City of Tuscola and, for 33 redevelopment project areas for which bonds were issued 34 before July 29, 1991, in connection with a redevelopment SB1809 Engrossed -49- SRS92SB0069NCap 1 project in the area within the State Sales Tax Boundary and 2 which were extended by municipal ordinance under subsection 3 (n) of Section 11-74.4-3, the last maturity of the refunding 4 obligations shall not be expressed to mature later than the 5 date on which the redevelopment project area is terminated or 6 December 31, 2013, whichever date occurs first. 7 In the event a municipality issues obligations under home 8 rule powers or other legislative authority the proceeds of 9 which are pledged to pay for redevelopment project costs, the 10 municipality may, if it has followed the procedures in 11 conformance with this division, retire said obligations from 12 funds in the special tax allocation fund in amounts and in 13 such manner as if such obligations had been issued pursuant 14 to the provisions of this division. 15 All obligations heretofore or hereafter issued pursuant 16 to this Act shall not be regarded as indebtedness of the 17 municipality issuing such obligations or any other taxing 18 district for the purpose of any limitation imposed by law. 19 (Source: P.A. 91-261, eff. 7-23-99; 91-477, eff. 8-11-99; 20 91-478, eff. 11-1-99; 91-642, eff. 8-20-99; 91-763, eff. 21 6-9-00; 92-263, eff. 8-7-01; 92-406, eff. 1-1-02; revised 22 10-10-01.) 23 Section 99. Effective date. This Act takes effect upon 24 becoming law.