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 HB1646LRB103 05742 AWJ 50762 b HB1646 LRB103 05742 AWJ 50762 b 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. LRB103 05742 AWJ 50762 b LRB103 05742 AWJ 50762 b 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 HB1646 LRB103 05742 AWJ 50762 b HB1646- 2 -LRB103 05742 AWJ 50762 b HB1646 - 2 - LRB103 05742 AWJ 50762 b HB1646 - 2 - LRB103 05742 AWJ 50762 b 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 HB1646 - 2 - LRB103 05742 AWJ 50762 b HB1646- 3 -LRB103 05742 AWJ 50762 b HB1646 - 3 - LRB103 05742 AWJ 50762 b HB1646 - 3 - LRB103 05742 AWJ 50762 b 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 HB1646 - 3 - LRB103 05742 AWJ 50762 b HB1646- 4 -LRB103 05742 AWJ 50762 b HB1646 - 4 - LRB103 05742 AWJ 50762 b HB1646 - 4 - LRB103 05742 AWJ 50762 b 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 HB1646 - 4 - LRB103 05742 AWJ 50762 b HB1646- 5 -LRB103 05742 AWJ 50762 b HB1646 - 5 - LRB103 05742 AWJ 50762 b HB1646 - 5 - LRB103 05742 AWJ 50762 b 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 HB1646 - 5 - LRB103 05742 AWJ 50762 b HB1646- 6 -LRB103 05742 AWJ 50762 b HB1646 - 6 - LRB103 05742 AWJ 50762 b HB1646 - 6 - LRB103 05742 AWJ 50762 b 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 HB1646 - 6 - LRB103 05742 AWJ 50762 b HB1646- 7 -LRB103 05742 AWJ 50762 b HB1646 - 7 - LRB103 05742 AWJ 50762 b HB1646 - 7 - LRB103 05742 AWJ 50762 b 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" HB1646 - 7 - LRB103 05742 AWJ 50762 b HB1646- 8 -LRB103 05742 AWJ 50762 b HB1646 - 8 - LRB103 05742 AWJ 50762 b HB1646 - 8 - LRB103 05742 AWJ 50762 b 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 HB1646 - 8 - LRB103 05742 AWJ 50762 b HB1646- 9 -LRB103 05742 AWJ 50762 b HB1646 - 9 - LRB103 05742 AWJ 50762 b HB1646 - 9 - LRB103 05742 AWJ 50762 b 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 HB1646 - 9 - LRB103 05742 AWJ 50762 b HB1646- 10 -LRB103 05742 AWJ 50762 b HB1646 - 10 - LRB103 05742 AWJ 50762 b HB1646 - 10 - LRB103 05742 AWJ 50762 b 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: HB1646 - 10 - LRB103 05742 AWJ 50762 b HB1646- 11 -LRB103 05742 AWJ 50762 b HB1646 - 11 - LRB103 05742 AWJ 50762 b HB1646 - 11 - LRB103 05742 AWJ 50762 b 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 HB1646 - 11 - LRB103 05742 AWJ 50762 b HB1646- 12 -LRB103 05742 AWJ 50762 b HB1646 - 12 - LRB103 05742 AWJ 50762 b HB1646 - 12 - LRB103 05742 AWJ 50762 b 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: HB1646 - 12 - LRB103 05742 AWJ 50762 b HB1646- 13 -LRB103 05742 AWJ 50762 b HB1646 - 13 - LRB103 05742 AWJ 50762 b HB1646 - 13 - LRB103 05742 AWJ 50762 b 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 HB1646 - 13 - LRB103 05742 AWJ 50762 b HB1646- 14 -LRB103 05742 AWJ 50762 b HB1646 - 14 - LRB103 05742 AWJ 50762 b HB1646 - 14 - LRB103 05742 AWJ 50762 b 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 HB1646 - 14 - LRB103 05742 AWJ 50762 b HB1646- 15 -LRB103 05742 AWJ 50762 b HB1646 - 15 - LRB103 05742 AWJ 50762 b HB1646 - 15 - LRB103 05742 AWJ 50762 b 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 HB1646 - 15 - LRB103 05742 AWJ 50762 b HB1646- 16 -LRB103 05742 AWJ 50762 b HB1646 - 16 - LRB103 05742 AWJ 50762 b HB1646 - 16 - LRB103 05742 AWJ 50762 b 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 HB1646 - 16 - LRB103 05742 AWJ 50762 b HB1646- 17 -LRB103 05742 AWJ 50762 b HB1646 - 17 - LRB103 05742 AWJ 50762 b HB1646 - 17 - LRB103 05742 AWJ 50762 b 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 HB1646 - 17 - LRB103 05742 AWJ 50762 b HB1646- 18 -LRB103 05742 AWJ 50762 b HB1646 - 18 - LRB103 05742 AWJ 50762 b HB1646 - 18 - LRB103 05742 AWJ 50762 b 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 HB1646 - 18 - LRB103 05742 AWJ 50762 b HB1646- 19 -LRB103 05742 AWJ 50762 b HB1646 - 19 - LRB103 05742 AWJ 50762 b HB1646 - 19 - LRB103 05742 AWJ 50762 b 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 HB1646 - 19 - LRB103 05742 AWJ 50762 b HB1646- 20 -LRB103 05742 AWJ 50762 b HB1646 - 20 - LRB103 05742 AWJ 50762 b HB1646 - 20 - LRB103 05742 AWJ 50762 b 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 HB1646 - 20 - LRB103 05742 AWJ 50762 b HB1646- 21 -LRB103 05742 AWJ 50762 b HB1646 - 21 - LRB103 05742 AWJ 50762 b HB1646 - 21 - LRB103 05742 AWJ 50762 b 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. HB1646 - 21 - LRB103 05742 AWJ 50762 b