Illinois 2023-2024 Regular Session

Illinois House Bill HB1646 Latest Draft

Bill / Introduced Version Filed 02/01/2023

                            103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1646 Introduced , by Rep. Blaine Wilhour SYNOPSIS AS INTRODUCED:   65 ILCS 5/11-74.4-7 from Ch. 24, par. 11-74.4-7  65 ILCS 5/11-74.4-8  from Ch. 24, par. 11-74.4-8   Amends the Tax Increment Allocation Redevelopment Act in the Illinois Municipal Code. Provides that moneys in the special tax allocation fund may be used to make distributions to certain taxing districts. Provides that moneys received from the additional distributions may be used by the affected taxing district to pay debt service on obligations incurred by the taxing district and to provide property tax relief. Effective immediately.  LRB103 05742 AWJ 50762 b   A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1646 Introduced , by Rep. Blaine Wilhour SYNOPSIS AS INTRODUCED:  65 ILCS 5/11-74.4-7 from Ch. 24, par. 11-74.4-7  65 ILCS 5/11-74.4-8  from Ch. 24, par. 11-74.4-8 65 ILCS 5/11-74.4-7 from Ch. 24, par. 11-74.4-7 65 ILCS 5/11-74.4-8 from Ch. 24, par. 11-74.4-8 Amends the Tax Increment Allocation Redevelopment Act in the Illinois Municipal Code. Provides that moneys in the special tax allocation fund may be used to make distributions to certain taxing districts. Provides that moneys received from the additional distributions may be used by the affected taxing district to pay debt service on obligations incurred by the taxing district and to provide property tax relief. Effective immediately.  LRB103 05742 AWJ 50762 b     LRB103 05742 AWJ 50762 b   A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1646 Introduced , by Rep. Blaine Wilhour SYNOPSIS AS INTRODUCED:
65 ILCS 5/11-74.4-7 from Ch. 24, par. 11-74.4-7  65 ILCS 5/11-74.4-8  from Ch. 24, par. 11-74.4-8 65 ILCS 5/11-74.4-7 from Ch. 24, par. 11-74.4-7 65 ILCS 5/11-74.4-8 from Ch. 24, par. 11-74.4-8
65 ILCS 5/11-74.4-7 from Ch. 24, par. 11-74.4-7
65 ILCS 5/11-74.4-8 from Ch. 24, par. 11-74.4-8
Amends the Tax Increment Allocation Redevelopment Act in the Illinois Municipal Code. Provides that moneys in the special tax allocation fund may be used to make distributions to certain taxing districts. Provides that moneys received from the additional distributions may be used by the affected taxing district to pay debt service on obligations incurred by the taxing district and to provide property tax relief. Effective immediately.
LRB103 05742 AWJ 50762 b     LRB103 05742 AWJ 50762 b
    LRB103 05742 AWJ 50762 b
A BILL FOR
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  HB1646  LRB103 05742 AWJ 50762 b
1  AN ACT concerning local government.
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 11-74.4-7 and 11-74.4-8 as follows:
6  (65 ILCS 5/11-74.4-7) (from Ch. 24, par. 11-74.4-7)
7  Sec. 11-74.4-7. Special tax allocation fund; obligations.
8  (a) Obligations secured by the special tax allocation fund
9  set forth in Section 11-74.4-8 for the redevelopment project
10  area may be issued to provide for redevelopment project costs.
11  Such obligations, when so issued, shall be retired in the
12  manner provided in the ordinance authorizing the issuance of
13  such obligations by the receipts of taxes levied as specified
14  in Section 11-74.4-9 against the taxable property included in
15  the area, by revenues as specified by Section 11-74.4-8a and
16  other revenue designated by the municipality. A municipality
17  may in the ordinance pledge all or any part of the funds in and
18  to be deposited in the special tax allocation fund created
19  pursuant to Section 11-74.4-8 to the payment of the
20  redevelopment project costs and obligations. Any pledge of
21  funds in the special tax allocation fund shall provide for
22  distribution to the taxing districts and to the Illinois
23  Department of Revenue of moneys not required, pledged,

 

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1646 Introduced , by Rep. Blaine Wilhour SYNOPSIS AS INTRODUCED:
65 ILCS 5/11-74.4-7 from Ch. 24, par. 11-74.4-7  65 ILCS 5/11-74.4-8  from Ch. 24, par. 11-74.4-8 65 ILCS 5/11-74.4-7 from Ch. 24, par. 11-74.4-7 65 ILCS 5/11-74.4-8 from Ch. 24, par. 11-74.4-8
65 ILCS 5/11-74.4-7 from Ch. 24, par. 11-74.4-7
65 ILCS 5/11-74.4-8 from Ch. 24, par. 11-74.4-8
Amends the Tax Increment Allocation Redevelopment Act in the Illinois Municipal Code. Provides that moneys in the special tax allocation fund may be used to make distributions to certain taxing districts. Provides that moneys received from the additional distributions may be used by the affected taxing district to pay debt service on obligations incurred by the taxing district and to provide property tax relief. Effective immediately.
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    LRB103 05742 AWJ 50762 b
A BILL FOR

 

 

65 ILCS 5/11-74.4-7 from Ch. 24, par. 11-74.4-7
65 ILCS 5/11-74.4-8 from Ch. 24, par. 11-74.4-8



    LRB103 05742 AWJ 50762 b

 

 



 

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1  earmarked, distributed as provided in subsection (b), or
2  otherwise designated for payment and securing of the
3  obligations and anticipated redevelopment project costs and
4  such excess funds shall be calculated annually and deemed to
5  be "surplus" funds. In the event a municipality only applies
6  or pledges a portion of the funds in the special tax allocation
7  fund for the payment or securing of anticipated redevelopment
8  project costs or of obligations, any such funds remaining in
9  the special tax allocation fund after complying with the
10  requirements of the application or pledge, shall also be
11  calculated annually and deemed "surplus" funds. All surplus
12  funds in the special tax allocation fund shall be distributed
13  annually within 180 days after the close of the municipality's
14  fiscal year by being paid by the municipal treasurer to the
15  County Collector, to the Department of Revenue and to the
16  municipality in direct proportion to the tax incremental
17  revenue received as a result of an increase in the equalized
18  assessed value of property in the redevelopment project area,
19  tax incremental revenue received from the State and tax
20  incremental revenue received from the municipality, but not to
21  exceed as to each such source the total incremental revenue
22  received from that source. The County Collector shall
23  thereafter make distribution to the respective taxing
24  districts in the same manner and proportion as the most recent
25  distribution by the county collector to the affected districts
26  of real property taxes from real property in the redevelopment

 

 

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1  project area.
2  Without limiting the foregoing in this Section, the
3  municipality may in addition to obligations secured by the
4  special tax allocation fund pledge for a period not greater
5  than the term of the obligations towards payment of such
6  obligations any part or any combination of the following: (a)
7  net revenues of all or part of any redevelopment project; (b)
8  taxes levied and collected on any or all property in the
9  municipality; (c) the full faith and credit of the
10  municipality; (d) a mortgage on part or all of the
11  redevelopment project; (d-5) repayment of bonds issued
12  pursuant to subsection (p-130) of Section 19-1 of the School
13  Code; or (e) any other taxes or anticipated receipts that the
14  municipality may lawfully pledge.
15  Such obligations may be issued in one or more series
16  bearing interest at such rate or rates as the corporate
17  authorities of the municipality shall determine by ordinance.
18  Such obligations shall bear such date or dates, mature at such
19  time or times not exceeding 20 years from their respective
20  dates, be in such denomination, carry such registration
21  privileges, be executed in such manner, be payable in such
22  medium of payment at such place or places, contain such
23  covenants, terms and conditions, and be subject to redemption
24  as such ordinance shall provide. Obligations issued pursuant
25  to this Act may be sold at public or private sale at such price
26  as shall be determined by the corporate authorities of the

 

 

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1  municipalities. No referendum approval of the electors shall
2  be required as a condition to the issuance of obligations
3  pursuant to this Division except as provided in this Section.
4  In the event the municipality authorizes issuance of
5  obligations pursuant to the authority of this Division secured
6  by the full faith and credit of the municipality, which
7  obligations are other than obligations which may be issued
8  under home rule powers provided by Article VII, Section 6 of
9  the Illinois Constitution, or pledges taxes pursuant to (b) or
10  (c) of the second paragraph of this section, the ordinance
11  authorizing the issuance of such obligations or pledging such
12  taxes shall be published within 10 days after such ordinance
13  has been passed in one or more newspapers, with general
14  circulation within such municipality. The publication of the
15  ordinance shall be accompanied by a notice of (1) the specific
16  number of voters required to sign a petition requesting the
17  question of the issuance of such obligations or pledging taxes
18  to be submitted to the electors; (2) the time in which such
19  petition must be filed; and (3) the date of the prospective
20  referendum. The municipal clerk shall provide a petition form
21  to any individual requesting one.
22  If no petition is filed with the municipal clerk, as
23  hereinafter provided in this Section, within 30 days after the
24  publication of the ordinance, the ordinance shall be in
25  effect. But, if within that 30 day period a petition is filed
26  with the municipal clerk, signed by electors in the

 

 

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1  municipality numbering 10% or more of the number of registered
2  voters in the municipality, asking that the question of
3  issuing obligations using full faith and credit of the
4  municipality as security for the cost of paying for
5  redevelopment project costs, or of pledging taxes for the
6  payment of such obligations, or both, be submitted to the
7  electors of the municipality, the corporate authorities of the
8  municipality shall call a special election in the manner
9  provided by law to vote upon that question, or, if a general,
10  State or municipal election is to be held within a period of
11  not less than 30 or more than 90 days from the date such
12  petition is filed, shall submit the question at the next
13  general, State or municipal election. If it appears upon the
14  canvass of the election by the corporate authorities that a
15  majority of electors voting upon the question voted in favor
16  thereof, the ordinance shall be in effect, but if a majority of
17  the electors voting upon the question are not in favor
18  thereof, the ordinance shall not take effect.
19  The ordinance authorizing the obligations may provide that
20  the obligations shall contain a recital that they are issued
21  pursuant to this Division, which recital shall be conclusive
22  evidence of their validity and of the regularity of their
23  issuance.
24  In the event the municipality authorizes issuance of
25  obligations pursuant to this Section secured by the full faith
26  and credit of the municipality, the ordinance authorizing the

 

 

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1  obligations may provide for the levy and collection of a
2  direct annual tax upon all taxable property within the
3  municipality sufficient to pay the principal thereof and
4  interest thereon as it matures, which levy may be in addition
5  to and exclusive of the maximum of all other taxes authorized
6  to be levied by the municipality, which levy, however, shall
7  be abated to the extent that monies from other sources are
8  available for payment of the obligations and the municipality
9  certifies the amount of said monies available to the county
10  clerk.
11  A certified copy of such ordinance shall be filed with the
12  county clerk of each county in which any portion of the
13  municipality is situated, and shall constitute the authority
14  for the extension and collection of the taxes to be deposited
15  in the special tax allocation fund.
16  A municipality may also issue its obligations to refund in
17  whole or in part, obligations theretofore issued by such
18  municipality under the authority of this Act, whether at or
19  prior to maturity, provided however, that the last maturity of
20  the refunding obligations may not be later than the dates set
21  forth under Section 11-74.4-3.5.
22  In the event a municipality issues obligations under home
23  rule powers or other legislative authority the proceeds of
24  which are pledged to pay for redevelopment project costs, the
25  municipality may, if it has followed the procedures in
26  conformance with this division, retire said obligations from

 

 

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1  funds in the special tax allocation fund in amounts and in such
2  manner as if such obligations had been issued pursuant to the
3  provisions of this division.
4  All obligations heretofore or hereafter issued pursuant to
5  this Act shall not be regarded as indebtedness of the
6  municipality issuing such obligations or any other taxing
7  district for the purpose of any limitation imposed by law.
8  (b) Prior to the distribution of any surplus funds under
9  subsection (a), a municipality may make additional
10  distributions from the special tax allocation fund to any
11  affected taxing district, provided that the total amount of
12  such additional distributions may not cause the balance in the
13  special tax allocation fund to be less than the amount pledged
14  to pay obligations secured by the special tax allocation fund.
15  If an additional distribution is made under this subsection,
16  the moneys may be used by the affected taxing district to pay
17  debt service on obligations incurred by the taxing district
18  and to provide property tax relief as provided in this
19  subsection. Prior to receiving additional distributions under
20  this Section, the affected taxing district may enter into an
21  intergovernmental agreement with the municipality and may
22  agree to reduce the amount of its property tax levy for the
23  levy year in which the distributions are received by an amount
24  that is not less than the total amount of additional
25  distributions received during the taxable year.
26  As used in this subsection, "affected taxing district"

 

 

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1  means any of the following units that have the authority to
2  directly levy taxes on the property within the redevelopment
3  project area: a community college district; school district;
4  park district; library district; township; fire protection
5  district; or county.
6  (Source: P.A. 100-531, eff. 9-22-17.)
7  (65 ILCS 5/11-74.4-8)  (from Ch. 24, par. 11-74.4-8)
8  Sec. 11-74.4-8. Tax increment allocation financing.  A
9  municipality may not adopt tax increment financing in a
10  redevelopment project area after July 30, 1997 (the effective
11  date of Public Act 90-258) that will encompass an area that is
12  currently included in an enterprise zone created under the
13  Illinois Enterprise Zone Act unless that municipality,
14  pursuant to Section 5.4 of the Illinois Enterprise Zone Act,
15  amends the enterprise zone designating ordinance to limit the
16  eligibility for tax abatements as provided in Section 5.4.1 of
17  the Illinois Enterprise Zone Act. A municipality, at the time
18  a redevelopment project area is designated, may adopt tax
19  increment allocation financing by passing an ordinance
20  providing that the ad valorem taxes, if any, arising from the
21  levies upon taxable real property in such redevelopment
22  project area by taxing districts and tax rates determined in
23  the manner provided in paragraph (c) of Section 11-74.4-9 each
24  year after the effective date of the ordinance until
25  redevelopment project costs and all municipal obligations

 

 

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1  financing redevelopment project costs incurred under this
2  Division have been paid shall be divided as follows, provided,
3  however, that with respect to any redevelopment project area
4  located within a transit facility improvement area established
5  pursuant to Section 11-74.4-3.3 in a municipality with a
6  population of 1,000,000 or more, ad valorem taxes, if any,
7  arising from the levies upon taxable real property in such
8  redevelopment project area shall be allocated as specifically
9  provided in this Section:
10  (a) That portion of taxes levied upon each taxable
11  lot, block, tract, or parcel of real property which is
12  attributable to the lower of the current equalized
13  assessed value or the initial equalized assessed value of
14  each such taxable lot, block, tract, or parcel of real
15  property in the redevelopment project area shall be
16  allocated to and when collected shall be paid by the
17  county collector to the respective affected taxing
18  districts in the manner required by law in the absence of
19  the adoption of tax increment allocation financing.
20  (b) Except from a tax levied by a township to retire
21  bonds issued to satisfy court-ordered damages, that
22  portion, if any, of such taxes which is attributable to
23  the increase in the current equalized assessed valuation
24  of each taxable lot, block, tract, or parcel of real
25  property in the redevelopment project area over and above
26  the initial equalized assessed value of each property in

 

 

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1  the project area shall be allocated to and when collected
2  shall be paid to the municipal treasurer who shall deposit
3  said taxes into a special fund called the special tax
4  allocation fund of the municipality for the purpose of
5  paying redevelopment project costs and obligations
6  incurred in the payment thereof. In any county with a
7  population of 3,000,000 or more that has adopted a
8  procedure for collecting taxes that provides for one or
9  more of the installments of the taxes to be billed and
10  collected on an estimated basis, the municipal treasurer
11  shall be paid for deposit in the special tax allocation
12  fund of the municipality, from the taxes collected from
13  estimated bills issued for property in the redevelopment
14  project area, the difference between the amount actually
15  collected from each taxable lot, block, tract, or parcel
16  of real property within the redevelopment project area and
17  an amount determined by multiplying the rate at which
18  taxes were last extended against the taxable lot, block,
19  tract, or parcel of real property in the manner provided
20  in subsection (c) of Section 11-74.4-9 by the initial
21  equalized assessed value of the property divided by the
22  number of installments in which real estate taxes are
23  billed and collected within the county; provided that the
24  payments on or before December 31, 1999 to a municipal
25  treasurer shall be made only if each of the following
26  conditions are met:

 

 

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1  (1) The total equalized assessed value of the
2  redevelopment project area as last determined was not
3  less than 175% of the total initial equalized assessed
4  value.
5  (2) Not more than 50% of the total equalized
6  assessed value of the redevelopment project area as
7  last determined is attributable to a piece of property
8  assigned a single real estate index number.
9  (3) The municipal clerk has certified to the
10  county clerk that the municipality has issued its
11  obligations to which there has been pledged the
12  incremental property taxes of the redevelopment
13  project area or taxes levied and collected on any or
14  all property in the municipality or the full faith and
15  credit of the municipality to pay or secure payment
16  for all or a portion of the redevelopment project
17  costs. The certification shall be filed annually no
18  later than September 1 for the estimated taxes to be
19  distributed in the following year; however, for the
20  year 1992 the certification shall be made at any time
21  on or before March 31, 1992.
22  (4) The municipality has not requested that the
23  total initial equalized assessed value of real
24  property be adjusted as provided in subsection (b) of
25  Section 11-74.4-9.
26  The conditions of paragraphs (1) through (4) do not

 

 

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1  apply after December 31, 1999 to payments to a municipal
2  treasurer made by a county with 3,000,000 or more
3  inhabitants that has adopted an estimated billing
4  procedure for collecting taxes. If a county that has
5  adopted the estimated billing procedure makes an erroneous
6  overpayment of tax revenue to the municipal treasurer,
7  then the county may seek a refund of that overpayment. The
8  county shall send the municipal treasurer a notice of
9  liability for the overpayment on or before the mailing
10  date of the next real estate tax bill within the county.
11  The refund shall be limited to the amount of the
12  overpayment.
13  It is the intent of this Division that after July 29,
14  1988 (the effective date of Public Act 85-1142) a
15  municipality's own ad valorem tax arising from levies on
16  taxable real property be included in the determination of
17  incremental revenue in the manner provided in paragraph
18  (c) of Section 11-74.4-9. If the municipality does not
19  extend such a tax, it shall annually deposit in the
20  municipality's Special Tax Increment Fund an amount equal
21  to 10% of the total contributions to the fund from all
22  other taxing districts in that year. The annual 10%
23  deposit required by this paragraph shall be limited to the
24  actual amount of municipally produced incremental tax
25  revenues available to the municipality from taxpayers
26  located in the redevelopment project area in that year if:

 

 

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1  (a) the plan for the area restricts the use of the property
2  primarily to industrial purposes, (b) the municipality
3  establishing the redevelopment project area is a home rule
4  community with a 1990 population of between 25,000 and
5  50,000, (c) the municipality is wholly located within a
6  county with a 1990 population of over 750,000 and (d) the
7  redevelopment project area was established by the
8  municipality prior to June 1, 1990. This payment shall be
9  in lieu of a contribution of ad valorem taxes on real
10  property. If no such payment is made, any redevelopment
11  project area of the municipality shall be dissolved.
12  If a municipality has adopted tax increment allocation
13  financing by ordinance and the County Clerk thereafter
14  certifies the "total initial equalized assessed value as
15  adjusted" of the taxable real property within such
16  redevelopment project area in the manner provided in
17  paragraph (b) of Section 11-74.4-9, each year after the
18  date of the certification of the total initial equalized
19  assessed value as adjusted until redevelopment project
20  costs and all municipal obligations financing
21  redevelopment project costs have been paid the ad valorem
22  taxes, if any, arising from the levies upon the taxable
23  real property in such redevelopment project area by taxing
24  districts and tax rates determined in the manner provided
25  in paragraph (c) of Section 11-74.4-9 shall be divided as
26  follows, provided, however, that with respect to any

 

 

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1  redevelopment project area located within a transit
2  facility improvement area established pursuant to Section
3  11-74.4-3.3 in a municipality with a population of
4  1,000,000 or more, ad valorem taxes, if any, arising from
5  the levies upon the taxable real property in such
6  redevelopment project area shall be allocated as
7  specifically provided in this Section:
8  (1) That portion of the taxes levied upon each
9  taxable lot, block, tract, or parcel of real property
10  which is attributable to the lower of the current
11  equalized assessed value or "current equalized
12  assessed value as adjusted" or the initial equalized
13  assessed value of each such taxable lot, block, tract,
14  or parcel of real property existing at the time tax
15  increment financing was adopted, minus the total
16  current homestead exemptions under Article 15 of the
17  Property Tax Code in the redevelopment project area
18  shall be allocated to and when collected shall be paid
19  by the county collector to the respective affected
20  taxing districts in the manner required by law in the
21  absence of the adoption of tax increment allocation
22  financing.
23  (2) That portion, if any, of such taxes which is
24  attributable to the increase in the current equalized
25  assessed valuation of each taxable lot, block, tract,
26  or parcel of real property in the redevelopment

 

 

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1  project area, over and above the initial equalized
2  assessed value of each property existing at the time
3  tax increment financing was adopted, minus the total
4  current homestead exemptions pertaining to each piece
5  of property provided by Article 15 of the Property Tax
6  Code in the redevelopment project area, shall be
7  allocated to and when collected shall be paid to the
8  municipal Treasurer, who shall deposit said taxes into
9  a special fund called the special tax allocation fund
10  of the municipality for the purpose of paying
11  redevelopment project costs and obligations incurred
12  in the payment thereof.
13  The municipality may pledge in the ordinance the funds
14  in and to be deposited in the special tax allocation fund
15  for the payment of such costs and obligations. No part of
16  the current equalized assessed valuation of each property
17  in the redevelopment project area attributable to any
18  increase above the total initial equalized assessed value,
19  or the total initial equalized assessed value as adjusted,
20  of such properties shall be used in calculating the
21  general State aid formula, provided for in Section 18-8 of
22  the School Code, or the evidence-based funding formula,
23  provided for in Section 18-8.15 of the School Code, until
24  such time as all redevelopment project costs have been
25  paid as provided for in this Section.
26  Whenever a municipality issues bonds for the purpose

 

 

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1  of financing redevelopment project costs, such
2  municipality may provide by ordinance for the appointment
3  of a trustee, which may be any trust company within the
4  State, and for the establishment of such funds or accounts
5  to be maintained by such trustee as the municipality shall
6  deem necessary to provide for the security and payment of
7  the bonds. If such municipality provides for the
8  appointment of a trustee, such trustee shall be considered
9  the assignee of any payments assigned by the municipality
10  pursuant to such ordinance and this Section. Any amounts
11  paid to such trustee as assignee shall be deposited in the
12  funds or accounts established pursuant to such trust
13  agreement, and shall be held by such trustee in trust for
14  the benefit of the holders of the bonds, and such holders
15  shall have a lien on and a security interest in such funds
16  or accounts so long as the bonds remain outstanding and
17  unpaid. Upon retirement of the bonds, the trustee shall
18  pay over any excess amounts held to the municipality for
19  deposit in the special tax allocation fund.
20  When such redevelopment projects costs, including,
21  without limitation, all municipal obligations financing
22  redevelopment project costs incurred under this Division,
23  have been paid and all distributions under subsection (b)
24  of Section 11-74.4-7 have been made, all surplus funds
25  then remaining in the special tax allocation fund shall be
26  distributed by being paid by the municipal treasurer to

 

 

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1  the Department of Revenue, the municipality and the county
2  collector; first to the Department of Revenue and the
3  municipality in direct proportion to the tax incremental
4  revenue received from the State and the municipality, but
5  not to exceed the total incremental revenue received from
6  the State or the municipality less any annual surplus
7  distribution of incremental revenue previously made; with
8  any remaining funds to be paid to the County Collector who
9  shall immediately thereafter pay said funds to the taxing
10  districts in the redevelopment project area in the same
11  manner and proportion as the most recent distribution by
12  the county collector to the affected districts of real
13  property taxes from real property in the redevelopment
14  project area.
15  Upon the payment of all redevelopment project costs,
16  the retirement of obligations, the distribution of any
17  excess monies pursuant to this Section, and final closing
18  of the books and records of the redevelopment project
19  area, the municipality shall adopt an ordinance dissolving
20  the special tax allocation fund for the redevelopment
21  project area and terminating the designation of the
22  redevelopment project area as a redevelopment project
23  area. Title to real or personal property and public
24  improvements acquired by or for the municipality as a
25  result of the redevelopment project and plan shall vest in
26  the municipality when acquired and shall continue to be

 

 

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1  held by the municipality after the redevelopment project
2  area has been terminated. Municipalities shall notify
3  affected taxing districts prior to November 1 if the
4  redevelopment project area is to be terminated by December
5  31 of that same year. If a municipality extends estimated
6  dates of completion of a redevelopment project and
7  retirement of obligations to finance a redevelopment
8  project, as allowed by Public Act 87-1272, that extension
9  shall not extend the property tax increment allocation
10  financing authorized by this Section. Thereafter the rates
11  of the taxing districts shall be extended and taxes
12  levied, collected and distributed in the manner applicable
13  in the absence of the adoption of tax increment allocation
14  financing.
15  If a municipality with a population of 1,000,000 or
16  more has adopted by ordinance tax increment allocation
17  financing for a redevelopment project area located in a
18  transit facility improvement area established pursuant to
19  Section 11-74.4-3.3, for each year after the effective
20  date of the ordinance until redevelopment project costs
21  and all municipal obligations financing redevelopment
22  project costs have been paid, the ad valorem taxes, if
23  any, arising from the levies upon the taxable real
24  property in that redevelopment project area by taxing
25  districts and tax rates determined in the manner provided
26  in paragraph (c) of Section 11-74.4-9 shall be divided as

 

 

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1  follows:
2  (1) That portion of the taxes levied upon each
3  taxable lot, block, tract, or parcel of real property
4  which is attributable to the lower of (i) the current
5  equalized assessed value or "current equalized
6  assessed value as adjusted" or (ii) the initial
7  equalized assessed value of each such taxable lot,
8  block, tract, or parcel of real property existing at
9  the time tax increment financing was adopted, minus
10  the total current homestead exemptions under Article
11  15 of the Property Tax Code in the redevelopment
12  project area shall be allocated to and when collected
13  shall be paid by the county collector to the
14  respective affected taxing districts in the manner
15  required by law in the absence of the adoption of tax
16  increment allocation financing.
17  (2) That portion, if any, of such taxes which is
18  attributable to the increase in the current equalized
19  assessed valuation of each taxable lot, block, tract,
20  or parcel of real property in the redevelopment
21  project area, over and above the initial equalized
22  assessed value of each property existing at the time
23  tax increment financing was adopted, minus the total
24  current homestead exemptions pertaining to each piece
25  of property provided by Article 15 of the Property Tax
26  Code in the redevelopment project area, shall be

 

 

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1  allocated to and when collected shall be paid by the
2  county collector as follows:
3  (A) First, that portion which would be payable
4  to a school district whose boundaries are
5  coterminous with such municipality in the absence
6  of the adoption of tax increment allocation
7  financing, shall be paid to such school district
8  in the manner required by law in the absence of the
9  adoption of tax increment allocation financing;
10  then
11  (B) 80% of the remaining portion shall be paid
12  to the municipal Treasurer, who shall deposit said
13  taxes into a special fund called the special tax
14  allocation fund of the municipality for the
15  purpose of paying redevelopment project costs and
16  obligations incurred in the payment thereof; and
17  then
18  (C) 20% of the remaining portion shall be paid
19  to the respective affected taxing districts, other
20  than the school district described in clause (a)
21  above, in the manner required by law in the
22  absence of the adoption of tax increment
23  allocation financing.
24  Nothing in this Section shall be construed as relieving
25  property in such redevelopment project areas from being
26  assessed as provided in the Property Tax Code or as relieving

 

 

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1  owners of such property from paying a uniform rate of taxes, as
2  required by Section 4 of Article IX of the Illinois
3  Constitution.
4  (Source: P.A. 102-558, eff. 8-20-21.)
5  Section 99. Effective date. This Act takes effect upon
6  becoming law.

 

 

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